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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5325 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``America COMPETES 
Reauthorization Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--SCIENCE AND TECHNOLOGY POLICY

       Subtitle A--National Nanotechnology Initiative Amendments

Sec. 101. Short title.
Sec. 102. National nanotechnology program amendments.
Sec. 103. Societal dimensions of nanotechnology.
Sec. 104. Technology transfer.
Sec. 105. Research in areas of national importance.
Sec. 106. Nanomanufacturing research.
Sec. 107. Definitions.
    Subtitle B--Networking and Information Technology Research and 
                              Development

Sec. 111. Short title.
Sec. 112. Program planning and coordination.
Sec. 113. Large-scale research in areas of national importance.
Sec. 114. Cyber-physical systems and information management.
Sec. 115. National Coordination Office.
Sec. 116. Improving networking and information technology education.
Sec. 117. Conforming and technical amendments.
                   Subtitle C--Other OSTP Provisions

Sec. 121. Federal scientific collections.
Sec. 122. Coordination of manufacturing research and development.
Sec. 123. Interagency public access committee.
Sec. 124. Fulfilling the potential of women in academic science and 
                            engineering.
Sec. 125. National Competitiveness and Innovation Strategy.
                 TITLE II--NATIONAL SCIENCE FOUNDATION

Sec. 201. Short title.
                     Subtitle A--General Provisions

Sec. 211. Definitions.
Sec. 212. Authorization of appropriations.
Sec. 213. National Science Board administrative amendments.
Sec. 214. Broader impacts review criterion.
Sec. 215. National Center for Science and Engineering Statistics.
Sec. 216. Collection of data on demographics of faculty.
                  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.
           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.
                          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.

                 TITLE I--SCIENCE AND TECHNOLOGY POLICY

       Subtitle A--National Nanotechnology Initiative Amendments

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``National Nanotechnology 
Initiative Amendments Act of 2010''.

SEC. 102. NATIONAL NANOTECHNOLOGY PROGRAM AMENDMENTS.

    The 21st Century Nanotechnology Research and Development Act (15 
U.S.C. 7501 et seq.) is amended--
            (1) by striking section 2(c)(4) and inserting the following 
        new paragraph:
            ``(4) develop, within 12 months after the date of enactment 
        of the National Nanotechnology Initiative Amendments Act of 
        2010, and update every 3 years thereafter, a strategic plan to 
        guide the activities described under subsection (b) that 
        specifies near-term and long-term objectives for the Program, 
        the anticipated time frame for achieving the near-term 
        objectives, and the metrics to be used for assessing progress 
        toward the objectives, and that describes--
                    ``(A) how the Program will move results out of the 
                laboratory and into applications for the benefit of 
                society, including through cooperation and 
                collaborations with nanotechnology research, 
                development, and technology transition initiatives 
                supported by the States;
                    ``(B) how the Program will encourage and support 
                interdisciplinary research and development in 
                nanotechnology; and
                    ``(C) proposed research in areas of national 
                importance in accordance with the requirements of 
                section 105 of the National Nanotechnology Initiative 
                Amendments Act of 2010;'';
            (2) in section 2--
                    (A) in subsection (d)--
                            (i) by redesignating paragraphs (1) through 
                        (5) as paragraphs (2) through (6), 
                        respectively; and
                            (ii) by inserting the following new 
                        paragraph before paragraph (2), as so 
                        redesignated by clause (i) of this 
                        subparagraph:
            ``(1) the Program budget, for the previous fiscal year, for 
        each agency that participates in the Program, including a 
        breakout of spending for the development and acquisition of 
        research facilities and instrumentation, for each program 
        component area, and for all activities pursuant to subsection 
        (b)(10);''; and
                    (B) by inserting at the end the following new 
                subsection:
    ``(e) Standards Setting.--The agencies participating in the Program 
shall support the activities of committees involved in the development 
of standards for nanotechnology and may reimburse the travel costs of 
scientists and engineers who participate in activities of such 
committees.'';
            (3) by striking section 3(b) and inserting the following 
        new subsection:
    ``(b) Funding.--(1) The operation of the National Nanotechnology 
Coordination Office shall be supported by funds from each agency 
participating in the Program. The portion of such Office's total budget 
provided by each agency for each fiscal year shall be in the same 
proportion as the agency's share of the total budget for the Program 
for the previous fiscal year, as specified in the report required under 
section 2(d)(1).
    ``(2) The annual report under section 2(d) shall include--
            ``(A) a description of the funding required by the National 
        Nanotechnology Coordination Office to perform the functions 
        specified under subsection (a) for the next fiscal year by 
        category of activity, including the funding required to carry 
        out the requirements of section 2(b)(10)(D), subsection (d) of 
        this section, and section 5;
            ``(B) a description of the funding required by such Office 
        to perform the functions specified under subsection (a) for the 
        current fiscal year by category of activity, including the 
        funding required to carry out the requirements of subsection 
        (d); and
            ``(C) the amount of funding provided for such Office for 
        the current fiscal year by each agency participating in the 
        Program.'';
            (4) by inserting at the end of section 3 the following new 
        subsection:
    ``(d) Public Information.--(1) The National Nanotechnology 
Coordination Office shall develop and maintain a database accessible by 
the public of projects funded under the Environmental, Health, and 
Safety, the Education and Societal Dimensions, and the 
Nanomanufacturing program component areas, or any successor program 
component areas, including a description of each project, its source of 
funding by agency, and its funding history. For the Environmental, 
Health, and Safety program component area, or any successor program 
component area, projects shall be grouped by major objective as defined 
by the research plan required under section 103(b) of the National 
Nanotechnology Initiative Amendments Act of 2010. For the Education and 
Societal Dimensions program component area, or any successor program 
component area, the projects shall be grouped in subcategories of--
            ``(A) education in formal settings;
            ``(B) education in informal settings;
            ``(C) public outreach; and
            ``(D) ethical, legal, and other societal issues.
    ``(2) The National Nanotechnology Coordination Office shall 
develop, maintain, and publicize information on nanotechnology 
facilities supported under the Program, and may include information on 
nanotechnology facilities supported by the States, that are accessible 
for use by individuals from academic institutions and from industry. 
The information shall include at a minimum the terms and conditions for 
the use of each facility, a description of the capabilities of the 
instruments and equipment available for use at the facility, and a 
description of the technical support available to assist users of the 
facility.'';
            (5) in section 4(a)--
                    (A) by striking ``or designate'';
                    (B) by inserting ``as a distinct entity'' after 
                ``Advisory Panel''; and
                    (C) by inserting at the end ``The Advisory Panel 
                shall form a subpanel with membership having specific 
                qualifications tailored to enable it to carry out the 
                requirements of subsection (c)(7).'';
            (6) in section 4(b)--
                    (A) by striking ``or designated'' and ``or 
                designating''; and
                    (B) by adding at the end the following: ``At least 
                one member of the Advisory Panel shall be an individual 
                employed by and representing a minority-serving 
                institution.'';
            (7) by amending section 5 to read as follows:

``SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE NATIONAL NANOTECHNOLOGY 
              PROGRAM.

    ``(a) In General.--The Director of the National Nanotechnology 
Coordination Office shall enter into an arrangement with the National 
Research Council of the National Academy of Sciences to conduct a 
triennial review of the Program. The Director shall ensure that the 
arrangement with the National Research Council is concluded in order to 
allow sufficient time for the reporting requirements of subsection (b) 
to be satisfied. Each triennial review shall include an evaluation of 
the--
            ``(1) research priorities and technical content of the 
        Program, including whether the allocation of funding among 
        program component areas, as designated according to section 
        2(c)(2), is appropriate;
            ``(2) effectiveness of the Program's management and 
        coordination across agencies and disciplines, including an 
        assessment of the effectiveness of the National Nanotechnology 
        Coordination Office;
            ``(3) Program's scientific and technological 
        accomplishments and its success in transferring technology to 
        the private sector; and
            ``(4) adequacy of the Program's activities addressing 
        ethical, legal, environmental, and other appropriate societal 
        concerns, including human health concerns.
    ``(b) Evaluation To Be Transmitted to Congress.--The National 
Research Council shall document the results of each triennial review 
carried out in accordance with subsection (a) in a report that includes 
any recommendations for ways to improve the Program's management and 
coordination processes and for changes to the Program's objectives, 
funding priorities, and technical content. Each report shall be 
submitted to the Director of the National Nanotechnology Coordination 
Office, who shall transmit it to the Advisory Panel, the Committee on 
Commerce, Science, and Transportation of the Senate, and the Committee 
on Science and Technology of the House of Representatives not later 
than September 30 of every third year, with the first report due 
September 30, 2010.
    ``(c) Funding.--Of the amounts provided in accordance with section 
3(b)(1), the following amounts shall be available to carry out this 
section:
            ``(1) $500,000 for fiscal year 2010.
            ``(2) $500,000 for fiscal year 2011.
            ``(3) $500,000 for fiscal year 2012.''; and
            (8) in section 10--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Nanotechnology.--The term `nanotechnology' means the 
        science and technology that will enable one to understand, 
        measure, manipulate, and manufacture at the nanoscale, aimed at 
        creating materials, devices, and systems with fundamentally new 
        properties or functions.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) Nanoscale.--The term `nanoscale' means one or more 
        dimensions of between approximately 1 and 100 nanometers.''.

SEC. 103. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY.

    (a) Coordinator for Societal Dimensions of Nanotechnology.--The 
Director of the Office of Science and Technology Policy shall designate 
an associate director of the Office of Science and Technology Policy as 
the Coordinator for Societal Dimensions of Nanotechnology. The 
Coordinator shall be responsible for oversight of the coordination, 
planning, and budget prioritization of activities required by section 
2(b)(10) of the 21st Century Nanotechnology Research and Development 
Act (15 U.S.C. 7501(b)(10)). The Coordinator shall, with the assistance 
of appropriate senior officials of the agencies funding activities 
within the Environmental, Health, and Safety and the Education and 
Societal Dimensions program component areas of the Program, or any 
successor program component areas, ensure that the requirements of such 
section 2(b)(10) are satisfied. The responsibilities of the Coordinator 
shall include--
            (1) ensuring that a research plan for the environmental, 
        health, and safety research activities required under 
        subsection (b) is developed, updated, and implemented and that 
        the plan is responsive to the recommendations of the subpanel 
        of the Advisory Panel established under section 4(a) of the 
        21st Century Nanotechnology Research and Development Act (15 
        U.S.C. 7503(a)), as amended by this subtitle;
            (2) encouraging and monitoring the efforts of the agencies 
        participating in the Program to allocate the level of resources 
        and management attention necessary to ensure that the ethical, 
        legal, environmental, and other appropriate societal concerns 
        related to nanotechnology, including human health concerns, are 
        addressed under the Program, including the implementation of 
        the research plan described in subsection (b); and
            (3) encouraging the agencies required to develop the 
        research plan under subsection (b) to identify, assess, and 
        implement suitable mechanisms for the establishment of public-
        private partnerships for support of environmental, health, and 
        safety research.
    (b) Research Plan.--
            (1) In general.--The Coordinator for Societal Dimensions of 
        Nanotechnology shall convene and chair a panel comprised of 
        representatives from the agencies funding research activities 
        under the Environmental, Health, and Safety program component 
        area of the Program, or any successor program component area, 
        and from such other agencies as the Coordinator considers 
        necessary to develop, periodically update, and coordinate the 
        implementation of a research plan for this program component 
        area. In developing and updating the plan, the panel convened 
        by the Coordinator shall solicit and be responsive to 
        recommendations and advice from--
                    (A) the subpanel of the Advisory Panel established 
                under section 4(a) of the 21st Century Nanotechnology 
                Research and Development Act (15 U.S.C. 7503(a)), as 
                amended by this subtitle; and
                    (B) the agencies responsible for environmental, 
                health, and safety regulations associated with the 
                production, use, and disposal of nanoscale materials 
                and products.
            (2) Development of standards.--The plan required under 
        paragraph (1) shall include a description of how the Program 
        will help to ensure the development of--
                    (A) standards related to nomenclature associated 
                with engineered nanoscale materials;
                    (B) engineered nanoscale standard reference 
                materials for environmental, health, and safety 
                testing; and
                    (C) standards related to methods and procedures for 
                detecting, measuring, monitoring, sampling, and testing 
                engineered nanoscale materials for environmental, 
                health, and safety impacts.
            (3) Components of plan.--The plan required under paragraph 
        (1) shall, with respect to activities described in paragraphs 
        (1) and (2)--
                    (A) specify near-term research objectives and long-
                term research objectives;
                    (B) specify milestones associated with each near-
                term objective and the estimated time and resources 
                required to reach each milestone;
                    (C) with respect to subparagraphs (A) and (B), 
                describe the role of each agency carrying out or 
                sponsoring research in order to meet the objectives 
                specified under subparagraph (A) and to achieve the 
                milestones specified under subparagraph (B);
                    (D) specify the funding allocated to each major 
                objective of the plan and the source of funding by 
                agency for the current fiscal year; and
                    (E) estimate the funding required for each major 
                objective of the plan and the source of funding by 
                agency for the following 3 fiscal years.
            (4) Transmittal to congress.--The plan required under 
        paragraph (1) shall be submitted not later than 60 days after 
        the date of enactment of this Act to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Science and Technology of the House of Representatives.
            (5) Updating and appending to report.--The plan required 
        under paragraph (1) shall be updated annually and appended to 
        the report required under section 2(d) of the 21st Century 
        Nanotechnology Research and Development Act (15 U.S.C. 
        7501(d)).
    (c) Nanotechnology Partnerships.--
            (1) Establishment.--As part of the program authorized by 
        section 9 of the National Science Foundation Authorization Act 
        of 2002, the Director of the National Science Foundation shall 
        provide 1 or more grants to establish partnerships as defined 
        by subsection (a)(2) of that section, except that each such 
        partnership shall include 1 or more businesses engaged in the 
        production of nanoscale materials, products, or devices. 
        Partnerships established in accordance with this subsection 
        shall be designated as ``Nanotechnology Education 
        Partnerships''.
            (2) Purpose.--Nanotechnology Education Partnerships shall 
        be designed to recruit and help prepare secondary school 
        students to pursue postsecondary level courses of instruction 
        in nanotechnology. At a minimum, grants shall be used to 
        support--
                    (A) professional development activities to enable 
                secondary school teachers to use curricular materials 
                incorporating nanotechnology and to inform teachers 
                about career possibilities for students in 
                nanotechnology;
                    (B) enrichment programs for students, including 
                access to nanotechnology facilities and equipment at 
                partner institutions, to increase their understanding 
                of nanoscale science and technology and to inform them 
                about career possibilities in nanotechnology as 
                scientists, engineers, and technicians; and
                    (C) identification of appropriate nanotechnology 
                educational materials and incorporation of 
                nanotechnology into the curriculum for secondary school 
                students at one or more organizations participating in 
                a Partnership.
            (3) Selection.--Grants under this subsection shall be 
        awarded in accordance with subsection (b) of such section 9, 
        except that paragraph (3)(B) of that subsection shall not 
        apply.
    (d) Undergraduate Education Programs.--
            (1) Activities supported.--As part of the activities 
        included under the Education and Societal Dimensions program 
        component area, or any successor program component area, the 
        Program shall support efforts to introduce nanoscale science, 
        engineering, and technology into undergraduate science and 
        engineering education through a variety of interdisciplinary 
        approaches. Activities supported may include--
                    (A) development of courses of instruction or 
                modules to existing courses;
                    (B) faculty professional development; and
                    (C) acquisition of equipment and instrumentation 
                suitable for undergraduate education and research in 
                nanotechnology.
            (2) Course, curriculum, and laboratory improvement 
        authorization.--There are authorized to be appropriated to the 
        Director of the National Science Foundation to carry out 
        activities described in paragraph (1) through the Course, 
        Curriculum, and Laboratory Improvement program from amounts 
        authorized under section 7002(c)(2)(B) of the America COMPETES 
        Act, $5,000,000 for fiscal year 2010.
            (3) Advanced technology education authorization.--There are 
        authorized to be appropriated to the Director of the National 
        Science Foundation to carry out activities described in 
        paragraph (1) through the Advanced Technology Education program 
        from amounts authorized under section 7002(c)(2)(B) of the 
        America COMPETES Act, $5,000,000 for fiscal year 2010.
    (e) Interagency Working Group.--The National Science and Technology 
Council shall establish under the Nanoscale Science, Engineering, and 
Technology Subcommittee an Education Working Group to coordinate, 
prioritize, and plan the educational activities supported under the 
Program.
    (f) Societal Dimensions in Nanotechnology Education Activities.--
Activities supported under the Education and Societal Dimensions 
program component area, or any successor program component area, that 
involve informal, precollege, or undergraduate nanotechnology education 
shall include education regarding the environmental, health and safety, 
and other societal aspects of nanotechnology.
    (g) Remote Access to Nanotechnology Facilities.--(1) Agencies 
supporting nanotechnology research facilities as part of the Program 
shall require the entities that operate such facilities to allow access 
via the Internet, and support the costs associated with the provision 
of such access, by secondary school students and teachers, to 
instruments and equipment within such facilities for educational 
purposes. The agencies may waive this requirement for cases when 
particular facilities would be inappropriate for educational purposes 
or the costs for providing such access would be prohibitive.
    (2) The agencies identified in paragraph (1) shall require the 
entities that operate such nanotechnology research facilities to 
establish and publish procedures, guidelines, and conditions for the 
submission and approval of applications for the use of the facilities 
for the purpose identified in paragraph (1) and shall authorize 
personnel who operate the facilities to provide necessary technical 
support to students and teachers.

SEC. 104. TECHNOLOGY TRANSFER.

    (a) Prototyping.--
            (1) Access to facilities.--In accordance with section 
        2(b)(7) of 21st Century Nanotechnology Research and Development 
        Act (15 U.S.C. 7501(b)(7)), the agencies supporting 
        nanotechnology research facilities as part of the Program shall 
        provide access to such facilities to companies for the purpose 
        of assisting the companies in the development of prototypes of 
        nanoscale products, devices, or processes (or products, 
        devices, or processes enabled by nanotechnology) for 
        determining proof of concept. The agencies shall publicize the 
        availability of these facilities and encourage their use by 
        companies as provided for in this section.
            (2) Procedures.--The agencies identified in paragraph (1)--
                    (A) shall establish and publish procedures, 
                guidelines, and conditions for the submission and 
                approval of applications for use of nanotechnology 
                facilities;
                    (B) shall publish descriptions of the capabilities 
                of facilities available for use under this subsection, 
                including the availability of technical support; and
                    (C) may waive recovery, require full recovery, or 
                require partial recovery of the costs associated with 
                use of the facilities for projects under this 
                subsection.
            (3) Selection and criteria.--In cases when less than full 
        cost recovery is required pursuant to paragraph (2)(C), 
        projects provided access to nanotechnology facilities in 
        accordance with this subsection shall be selected through a 
        competitive, merit-based process, and the criteria for the 
        selection of such projects shall include at a minimum--
                    (A) the readiness of the project for technology 
                demonstration;
                    (B) evidence of a commitment by the applicant for 
                further development of the project to full 
                commercialization if the proof of concept is 
                established by the prototype; and
                    (C) evidence of the potential for further funding 
                from private sector sources following the successful 
                demonstration of proof of concept.
        The agencies may give special consideration in selecting 
        projects to applications that are relevant to important 
        national needs or requirements.
    (b) Use of Existing Technology Transfer Programs.--
            (1) Participating agencies.--Each agency participating in 
        the Program shall--
                    (A) encourage the submission of applications for 
                support of nanotechnology related projects to the Small 
                Business Innovation Research Program and the Small 
                Business Technology Transfer Program administered by 
                such agencies; and
                    (B) through the National Nanotechnology 
                Coordination Office and within 6 months after the date 
                of enactment of this Act, submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Science and Technology of the House of 
                Representatives--
                            (i) the plan described in section 2(c)(7) 
                        of the 21st Century Nanotechnology Research and 
                        Development Act (15 U.S.C. 7501(c)(7)); and
                            (ii) a report specifying, if the agency 
                        administers a Small Business Innovation 
                        Research Program and a Small Business 
                        Technology Transfer Program--
                                    (I) the number of proposals 
                                received for nanotechnology related 
                                projects during the current fiscal year 
                                and the previous 2 fiscal years;
                                    (II) the number of such proposals 
                                funded in each year;
                                    (III) the total number of 
                                nanotechnology related projects funded 
                                and the amount of funding provided for 
                                fiscal year 2004 through fiscal year 
                                2008; and
                                    (IV) a description of the projects 
                                identified in accordance with subclause 
                                (III) which received private sector 
                                funding beyond the period of phase II 
                                support.
            (2) National institute of standards and technology.--The 
        Director of the National Institute of Standards and Technology 
        in carrying out the requirements of section 28 of the National 
        Institute of Standards and Technology Act (15 U.S.C. 278n) 
        shall--
                    (A) in regard to subsection (d) of that section, 
                encourage the submission of proposals for support of 
                nanotechnology related projects; and
                    (B) in regard to subsection (g) of that section, 
                include a description of how the requirement of 
                subparagraph (A) of this paragraph is being met, the 
                number of proposals for nanotechnology related projects 
                received, the number of such proposals funded, the 
                total number of such projects funded since the 
                beginning of the Technology Innovation Program, and the 
                outcomes of such funded projects in terms of the 
                metrics developed in accordance with such subsection 
                (g).
            (3) TIP advisory board.--The TIP Advisory Board established 
        under section 28(k) of the National Institute of Standards and 
        Technology Act (15 U.S.C. 278n(k)), in carrying out its 
        responsibilities under subsection (k)(3), shall provide the 
        Director of the National Institute of Standards and Technology 
        with--
                    (A) advice on how to accomplish the requirement of 
                paragraph (2)(A) of this subsection; and
                    (B) an assessment of the adequacy of the allocation 
                of resources for nanotechnology related projects 
                supported under the Technology Innovation Program.
    (c) Industry Liaison Groups.--An objective of the Program shall be 
to establish industry liaison groups for all industry sectors that 
would benefit from applications of nanotechnology. The 
Nanomanufacturing, Industry Liaison, and Innovation Working Group of 
the National Science and Technology Council shall actively pursue 
establishing such liaison groups.
    (d) Coordination With State Initiatives.--Section 2(b)(5) of the 
21st Century Nanotechnology Research and Development Act (15 U.S.C. 
7501(b)(5)) is amended to read as follows:
            ``(5) ensuring United States global leadership in the 
        development and application of nanotechnology, including 
        through coordination and leveraging Federal investments with 
        nanotechnology research, development, and technology transition 
        initiatives supported by the States;''.

SEC. 105. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

    (a) In General.--The Program shall include support for 
nanotechnology research and development activities directed toward 
application areas that have the potential for significant contributions 
to national economic competitiveness and for other significant societal 
benefits. The activities supported shall be designed to advance the 
development of research discoveries by demonstrating technical 
solutions to important problems in such areas as nano-electronics, 
energy efficiency, health care, and water remediation and purification. 
The Advisory Panel shall make recommendations to the Program for 
candidate research and development areas for support under this 
section.
    (b) Characteristics.--
            (1) In general.--Research and development activities under 
        this section shall--
                    (A) include projects selected on the basis of 
                applications for support through a competitive, merit-
                based process;
                    (B) involve collaborations among researchers in 
                academic institutions and industry, and may involve 
                nonprofit research institutions and Federal 
                laboratories, as appropriate;
                    (C) when possible, leverage Federal investments 
                through collaboration with related State initiatives; 
                and
                    (D) include a plan for fostering the transfer of 
                research discoveries and the results of technology 
                demonstration activities to industry for commercial 
                development.
            (2) Procedures.--Determination of the requirements for 
        applications under this subsection, review and selection of 
        applications for support, and subsequent funding of projects 
        shall be carried out by a collaboration of no fewer than 2 
        agencies participating in the Program. In selecting 
        applications for support, the agencies shall give special 
        consideration to projects that include cost sharing from non-
        Federal sources.
            (3) Interdisciplinary research centers.--Research and 
        development activities under this section may be supported 
        through interdisciplinary nanotechnology research centers, as 
        authorized by section 2(b)(4) of the 21st Century 
        Nanotechnology Research and Development Act (15 U.S.C. 
        7501(b)(4)), that are organized to investigate basic research 
        questions and carry out technology demonstration activities in 
        areas such as those identified in subsection (a).
    (c) Report.--Reports required under section 2(d) of the 21st 
Century Nanotechnology Research and Development Act (15 U.S.C. 7501(d)) 
shall include a description of research and development areas supported 
in accordance with this section, including the same budget information 
as is required for program component areas under paragraphs (1) and (2) 
of such section 2(d).

SEC. 106. NANOMANUFACTURING RESEARCH.

    (a) Research Areas.--The Nanomanufacturing program component area, 
or any successor program component area, shall include research on--
            (1) development of instrumentation and tools required for 
        the rapid characterization of nanoscale materials and for 
        monitoring of nanoscale manufacturing processes; and
            (2) approaches and techniques for scaling the synthesis of 
        new nanoscale materials to achieve industrial-level production 
        rates.
    (b) Green Nanotechnology.--Interdisciplinary research centers 
supported under the Program in accordance with section 2(b)(4) of the 
21st Century Nanotechnology Research and Development Act (15 U.S.C. 
7501(b)(4)) that are focused on nanomanufacturing research and centers 
established under the authority of section 105(b)(3) of this subtitle 
shall include as part of the activities of such centers--
            (1) research on methods and approaches to develop 
        environmentally benign nanoscale products and nanoscale 
        manufacturing processes, taking into consideration relevant 
        findings and results of research supported under the 
        Environmental, Health, and Safety program component area, or 
        any successor program component area;
            (2) fostering the transfer of the results of such research 
        to industry; and
            (3) providing for the education of scientists and engineers 
        through interdisciplinary studies in the principles and 
        techniques for the design and development of environmentally 
        benign nanoscale products and processes.
    (c) Review of Nanomanufacturing Research and Research Facilities.--
            (1) Public meeting.--Not later than 12 months after the 
        date of enactment of this Act, the National Nanotechnology 
        Coordination Office shall sponsor a public meeting, including 
        representation from a wide range of industries engaged in 
        nanoscale manufacturing, to--
                    (A) obtain the views of participants at the meeting 
                on--
                            (i) the relevance and value of the research 
                        being carried out under the Nanomanufacturing 
                        program component area of the Program, or any 
                        successor program component area; and
                            (ii) whether the capabilities of 
                        nanotechnology research facilities supported 
                        under the Program are adequate--
                                    (I) to meet current and near-term 
                                requirements for the fabrication and 
                                characterization of nanoscale devices 
                                and systems; and
                                    (II) to provide access to and use 
                                of instrumentation and equipment at the 
                                facilities, by means of networking 
                                technology, to individuals who are at 
                                locations remote from the facilities; 
                                and
                    (B) receive any recommendations on ways to 
                strengthen the research portfolio supported under the 
                Nanomanufacturing program component area, or any 
                successor program component area, and on improving the 
                capabilities of nanotechnology research facilities 
                supported under the Program.
        Companies participating in industry liaison groups shall be 
        invited to participate in the meeting. The Coordination Office 
        shall prepare a report documenting the findings and 
        recommendations resulting from the meeting.
            (2) Advisory panel review.--The Advisory Panel shall review 
        the Nanomanufacturing program component area of the Program, or 
        any successor program component area, and the capabilities of 
        nanotechnology research facilities supported under the Program 
        to assess--
                    (A) whether the funding for the Nanomanufacturing 
                program component area, or any successor program 
                component area, is adequate and receiving appropriate 
                priority within the overall resources available for the 
                Program;
                    (B) the relevance of the research being supported 
                to the identified needs and requirements of industry;
                    (C) whether the capabilities of nanotechnology 
                research facilities supported under the Program are 
                adequate--
                            (i) to meet current and near-term 
                        requirements for the fabrication and 
                        characterization of nanoscale devices and 
                        systems; and
                            (ii) to provide access to and use of 
                        instrumentation and equipment at the 
                        facilities, by means of networking technology, 
                        to individuals who are at locations remote from 
                        the facilities; and
                    (D) the level of funding that would be needed to 
                support--
                            (i) the acquisition of instrumentation, 
                        equipment, and networking technology sufficient 
                        to provide the capabilities at nanotechnology 
                        research facilities described in subparagraph 
                        (C); and
                            (ii) the operation and maintenance of such 
                        facilities.
        In carrying out its assessment, the Advisory Panel shall take 
        into consideration the findings and recommendations from the 
        report required under paragraph (1).
            (3) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Advisory Panel shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science and Technology of the House 
        of Representatives a report on its assessment required under 
        paragraph (2), along with any recommendations and a copy of the 
        report prepared in accordance with paragraph (1).

SEC. 107. DEFINITIONS.

    In this subtitle, terms that are defined in section 10 of the 21st 
Century Nanotechnology Research and Development Act (15 U.S.C. 7509) 
have the meaning given those terms in that section.

    Subtitle B--Networking and Information Technology Research and 
                              Development

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Networking and Information 
Technology Research and Development Act of 2010''.

SEC. 112. PROGRAM PLANNING AND COORDINATION.

    (a) Periodic Reviews.--Section 101 of the High-Performance 
Computing Act of 1991 (15 U.S.C. 5511) is amended by adding at the end 
the following new subsection:
    ``(d) Periodic Reviews.--The agencies identified in subsection 
(a)(3)(B) shall--
            ``(1) periodically assess the contents and funding levels 
        of the Program Component Areas and restructure the Program when 
        warranted, taking into consideration any relevant 
        recommendations of the advisory committee established under 
        subsection (b); and
            ``(2) ensure that the Program includes large-scale, long-
        term, interdisciplinary research and development activities, 
        including activities described in section 104.''.
    (b) Development of Strategic Plan.--Section 101 of such Act (15 
U.S.C. 5511) is amended further by adding after subsection (d), as 
added by subsection (a) of this section, the following new subsection:
    ``(e) Strategic Plan.--
            ``(1) In General.--The agencies identified in subsection 
        (a)(3)(B), working through the National Science and Technology 
        Council and with the assistance of the National Coordination 
        Office established under section 102, shall develop, within 12 
        months after the date of enactment of the Networking and 
        Information Technology Research and Development Act of 2010, 
        and update every 3 years thereafter, a 5-year strategic plan to 
        guide the activities described under subsection (a)(1).
            ``(2) Contents.--The strategic plan shall specify near-term 
        and long-term objectives for the Program, the anticipated time 
        frame for achieving the near-term objectives, the metrics to be 
        used for assessing progress toward the objectives, and how the 
        Program will--
                    ``(A) foster the transfer of research and 
                development results into new technologies and 
                applications for the benefit of society, including 
                through cooperation and collaborations with networking 
                and information technology research, development, and 
                technology transition initiatives supported by the 
                States;
                    ``(B) encourage and support mechanisms for 
                interdisciplinary research and development in 
                networking and information technology, including 
                through collaborations across agencies, across Program 
                Component Areas, with industry, with Federal 
                laboratories (as defined in section 4 of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C. 
                3703)), and with international organizations;
                    ``(C) address long-term challenges of national 
                importance for which solutions require large-scale, 
                long-term, interdisciplinary research and development;
                    ``(D) place emphasis on innovative and high-risk 
                projects having the potential for substantial societal 
                returns on the research investment;
                    ``(E) strengthen all levels of networking and 
                information technology education and training programs 
                to ensure an adequate, well-trained workforce; and
                    ``(F) attract more women and underrepresented 
                minorities to pursue postsecondary degrees in 
                networking and information technology.
    ``(3) National Research Infrastructure.--The strategic plan 
developed in accordance with paragraph (1) shall be accompanied by 
milestones and roadmaps for establishing and maintaining the national 
research infrastructure required to support the Program, including the 
roadmap required by subsection (a)(2)(E).
    ``(4) Recommendations.--The entities involved in developing the 
strategic plan under paragraph (1) shall take into consideration the 
recommendations--
            ``(A) of the advisory committee established under 
        subsection (b); and
            ``(B) of the stakeholders whose input was solicited by the 
        National Coordination Office, as required under section 
        102(b)(3).
    ``(5) Report to Congress.--The Director of the National 
Coordination Office shall transmit the strategic plan required under 
paragraph (1) to the advisory committee, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee on Science 
and Technology of the House of Representatives.''.
    (c) Additional Responsibilities of Director.--Section 101(a)(2) of 
such Act (15 U.S.C. 5511(a)(2)) is amended--
            (1) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G), respectively; and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) encourage and monitor the efforts of the 
                agencies participating in the Program to allocate the 
                level of resources and management attention necessary 
                to ensure that the strategic plan under subsection (e) 
                is developed and executed effectively and that the 
                objectives of the Program are met;''.
    (d) Advisory Committee.--Section 101(b)(1) of such Act (15 U.S.C. 
5511(b)(1)) is amended by inserting after ``an advisory committee on 
high-performance computing,'' the following: ``in which the co-chairs 
shall be members of the President's Council of Advisors on Science and 
Technology and with the remainder of the committee''.
    (e) Report.--Section 101(a)(3) of such Act (15 U.S.C. 5511(a)(3)) 
is amended--
            (1) in subparagraph (C)--
                    (A) by striking ``is submitted,'' and inserting 
                ``is submitted, the levels for the previous fiscal 
                year,''; and
                    (B) by striking ``each Program Component Area;'' 
                and inserting ``each Program Component Area and 
                research area supported in accordance with section 
                104;'';
            (2) in subparagraph (D)--
                    (A) by striking ``each Program Component Area,'' 
                and inserting ``each Program Component Area and 
                research area supported in accordance with section 
                104,'';
                    (B) by striking ``is submitted,'' and inserting 
                ``is submitted, the levels for the previous fiscal 
                year,''; and
                    (C) by striking ``and'' after the semicolon;
            (3) by redesignating subparagraph (E) as subparagraph (G); 
        and
            (4) by inserting after subparagraph (D) the following new 
        subparagraphs:
                    ``(E) include a description of how the objectives 
                for each Program Component Area, and the objectives for 
                activities that involve multiple Program Component 
                Areas, relate to the objectives of the Program 
                identified in the strategic plan required under 
                subsection (e);
                    ``(F) include--
                            ``(i) a description of the funding required 
                        by the National Coordination Office to perform 
                        the functions specified under section 102(b) 
                        for the next fiscal year by category of 
                        activity;
                            ``(ii) a description of the funding 
                        required by such Office to perform the 
                        functions specified under section 102(b) for 
                        the current fiscal year by category of 
                        activity; and
                            ``(iii) the amount of funding provided for 
                        such Office for the current fiscal year by each 
                        agency participating in the Program; and''.
    (f) Definition.--Section 4 of such Act (15 U.S.C. 5503) is 
amended--
            (1) by redesignating paragraphs (1) through (7) as 
        paragraphs (2) through (8), respectively;
            (2) by inserting before paragraph (2), as so redesignated, 
        the following new paragraph:
            ``(1) `cyber-physical systems' means physical or engineered 
        systems whose networking and information technology functions 
        and physical elements are deeply integrated and are actively 
        connected to the physical world through sensors, actuators, or 
        other means to perform monitoring and control functions;'';
            (3) in paragraph (4), as so redesignated--
                    (A) by striking ``high-performance computing'' and 
                inserting ``networking and information technology''; 
                and
                    (B) by striking ``supercomputer'' and inserting 
                ``high-end computing'';
            (4) in paragraph (6), as so redesignated, by striking 
        ``network referred to as'' and all that follows through the 
        semicolon and inserting ``network, including advanced computer 
        networks of Federal agencies and departments;''; and
            (5) in paragraph (7), as so redesignated, by striking 
        ``National High-Performance Computing Program'' and inserting 
        ``networking and information technology research and 
        development program''.

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

    Title I of such Act (15 U.S.C. 5511) is amended by adding at the 
end the following new section:

``SEC. 104. LARGE-SCALE RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

    ``(a) In General.--The Program shall encourage agencies identified 
in section 101(a)(3)(B) to support large-scale, long-term, 
interdisciplinary research and development activities in networking and 
information technology directed toward application areas that have the 
potential for significant contributions to national economic 
competitiveness and for other significant societal benefits. Such 
activities, ranging from basic research to the demonstration of 
technical solutions, shall be designed to advance the development of 
research discoveries. The advisory committee established under section 
101(b) shall make recommendations to the Program for candidate research 
and development areas for support under this section.
    ``(b) Characteristics.--
            ``(1) In general.--Research and development activities 
        under this section shall--
                    ``(A) include projects selected on the basis of 
                applications for support through a competitive, merit-
                based process;
                    ``(B) involve collaborations among researchers in 
                institutions of higher education and industry, and may 
                involve nonprofit research institutions and Federal 
                laboratories, as appropriate;
                    ``(C) when possible, leverage Federal investments 
                through collaboration with related State initiatives; 
                and
                    ``(D) include a plan for fostering the transfer of 
                research discoveries and the results of technology 
                demonstration activities, including from institutions 
                of higher education and Federal laboratories, to 
                industry for commercial development.
            ``(2) Cost-sharing.--In selecting applications for support, 
        the agencies shall give special consideration to projects that 
        include cost sharing from non-Federal sources.
            ``(3) Agency collaboration.--If 2 or more agencies 
        identified in section 101(a)(3)(B), or other appropriate 
        agencies, are working on large-scale research and development 
        activities in the same area of national importance, then such 
        agencies shall strive to collaborate through joint solicitation 
        and selection of applications for support and subsequent 
        funding of projects.
            ``(4) Interdisciplinary research centers.--Research and 
        development activities under this section may be supported 
        through interdisciplinary research centers that are organized 
        to investigate basic research questions and carry out 
        technology demonstration activities in areas described in 
        subsection (a). Research may be carried out through existing 
        interdisciplinary centers, including those authorized under 
        section 7024(b)(2) of the America COMPETES Act (Public Law 110-
        69; 42 U.S.C. 1862o-10).''.

SEC. 114. CYBER-PHYSICAL SYSTEMS AND INFORMATION MANAGEMENT.

    (a) Additional Program Characteristics.--Section 101(a)(1) of such 
Act (15 U.S.C. 5511(a)(1)) is amended--
            (1) in subparagraph (H), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (I), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
                    ``(J) provide for increased understanding of the 
                scientific principles of cyber-physical systems and 
                improve the methods available for the design, 
                development, and operation of cyber-physical systems 
                that are characterized by high reliability, safety, and 
                security; and
                    ``(K) provide for research and development on 
                human-computer interactions, visualization, and 
                information management.''.
    (b) Task Force.--Title I of such Act (15 U.S.C. 5511) is amended 
further by adding after section 104, as added by section 113 of this 
Act, the following new section:

``SEC. 105. UNIVERSITY/INDUSTRY TASK FORCE.

    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of the Networking and Information Technology Research and 
Development Act of 2010, the Director of the National Coordination 
Office established under section 102 shall convene a task force to 
explore mechanisms for carrying out collaborative research and 
development activities for cyber-physical systems, including the 
related technologies required to enable these systems, through a 
consortium or other appropriate entity with participants from 
institutions of higher education, Federal laboratories, and industry.
    ``(b) Functions.--The task force shall--
            ``(1) develop options for a collaborative model and an 
        organizational structure for such entity under which the joint 
        research and development activities could be planned, managed, 
        and conducted effectively, including mechanisms for the 
        allocation of resources among the participants in such entity 
        for support of such activities;
            ``(2) propose a process for developing a research and 
        development agenda for such entity, including objectives and 
        milestones;
            ``(3) define the roles and responsibilities for the 
        participants from institutions of higher education, Federal 
        laboratories, and industry in such entity;
            ``(4) propose guidelines for assigning intellectual 
        property rights and for the transfer of research results to the 
        private sector; and
            ``(5) make recommendations for how such entity could be 
        funded from Federal, State, and non-governmental sources.
    ``(c) Composition.--In establishing the task force under subsection 
(a), the Director of the National Coordination Office shall appoint an 
equal number of individuals from institutions of higher education and 
from industry with knowledge and expertise in cyber-physical systems, 
of which 2 may be selected from Federal laboratories.
    ``(d) Report.--Not later than 1 year after the date of enactment of 
the Networking and Information Technology Research and Development Act 
of 2010, the Director of the National Coordination Office shall 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science and Technology of the House of 
Representatives a report describing the findings and recommendations of 
the task force.''.

SEC. 115. NATIONAL COORDINATION OFFICE.

    Section 102 of such Act (15 U.S.C. 5512) is amended to read as 
follows:

``SEC. 102. NATIONAL COORDINATION OFFICE.

    ``(a) Establishment.--The Director shall establish a National 
Coordination Office with a Director and full-time staff.
    ``(b) Functions.--The National Coordination Office shall--
            ``(1) provide technical and administrative support to--
                    ``(A) the agencies participating in planning and 
                implementing the Program, including such support as 
                needed in the development of the strategic plan under 
                section 101(e); and
                    ``(B) the advisory committee established under 
                section 101(b);
            ``(2) serve as the primary point of contact on Federal 
        networking and information technology activities for government 
        organizations, academia, industry, professional societies, 
        State computing and networking technology programs, interested 
        citizen groups, and others to exchange technical and 
        programmatic information;
            ``(3) solicit input and recommendations from a wide range 
        of stakeholders during the development of each strategic plan 
        required under section 101(e) through the convening of at least 
        1 workshop with invitees from academia, industry, Federal 
        laboratories, and other relevant organizations and 
        institutions;
            ``(4) conduct public outreach, including the dissemination 
        of findings and recommendations of the advisory committee, as 
        appropriate; and
            ``(5) promote access to and early application of the 
        technologies, innovations, and expertise derived from Program 
        activities to agency missions and systems across the Federal 
        Government and to United States industry.
    ``(c) Source of Funding.--
            ``(1) In general.--The operation of the National 
        Coordination Office shall be supported by funds from each 
        agency participating in the Program.
            ``(2) Specifications.--The portion of the total budget of 
        such Office that is provided by each agency for each fiscal 
        year shall be in the same proportion as each such agency's 
        share of the total budget for the Program for the previous 
        fiscal year, as specified in the report required under section 
        101(a)(3).''.

SEC. 116. IMPROVING NETWORKING AND INFORMATION TECHNOLOGY EDUCATION.

    Section 201(a) of such Act (15 U.S.C. 5521(a)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) the National Science Foundation shall use its 
        existing programs, in collaboration with other agencies, as 
        appropriate, to improve the teaching and learning of networking 
        and information technology at all levels of education and to 
        increase participation in networking and information technology 
        fields, including by women and underrepresented minorities;''.

SEC. 117. CONFORMING AND TECHNICAL AMENDMENTS.

    (a) Section 3.--Section 3 of such Act (15 U.S.C. 5502) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``high-performance computing'' and inserting ``networking and 
        information technology'';
            (2) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``high-performance computing'' and inserting 
        ``networking and information technology'';
            (3) in subparagraphs (A) and (F) of paragraph (1), by 
        striking ``high-performance computing'' each place it appears 
        and inserting ``networking and information technology''; and
            (4) in paragraph (2)--
                    (A) by striking ``high-performance computing and'' 
                and inserting ``networking and information technology 
                and''; and
                    (B) by striking ``high-performance computing 
                network'' and inserting ``networking and information 
                technology''.
    (b) Title I.--The heading of title I of such Act (15 U.S.C. 5511) 
is amended by striking ``HIGH-PERFORMANCE COMPUTING'' and inserting 
``NETWORKING AND INFORMATION TECHNOLOGY''.
    (c) Section 101.--Section 101 of such Act (15 U.S.C. 5511) is 
amended--
            (1) in the section heading, by striking ``high-performance 
        computing'' and inserting ``networking and information 
        technology research and development'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking 
                ``National High-Performance Computing'' and inserting 
                ``Networking and Information Technology Research and 
                Development'';
                    (B) in paragraph (1) of such subsection--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``National High-Performance 
                        Computing Program'' and inserting ``networking 
                        and information technology research and 
                        development program'';
                            (ii) in subparagraph (A), by striking 
                        ``high-performance computing, including 
                        networking'' and inserting ``networking and 
                        information technology''; and
                            (iii) in subparagraphs (B), (C), and (G), 
                        by striking ``high-performance'' each place it 
                        appears and inserting ``high-end''; and
                    (C) in paragraph (2) of such subsection--
                            (i) in subparagraphs (A) and (C)--
                                    (I) by striking ``high-performance 
                                computing'' each place it appears and 
                                inserting ``networking and information 
                                technology''; and
                                    (II) by striking ``development, 
                                networking,'' each place it appears and 
                                inserting ``development,''; and
                            (ii) in subparagraphs (F) and (G), as 
                        redesignated by section 112(c)(1) of this Act, 
                        by striking ``high-performance'' each place it 
                        appears and inserting ``high-end'';
            (3) in subsection (b)(1), in the matter preceding 
        subparagraph (A), by striking ``high-performance computing'' 
        both places it appears and inserting ``networking and 
        information technology''; and
            (4) in subsection (c)(1)(A), by striking ``high-performance 
        computing'' and inserting ``networking and information 
        technology''.
    (d) Section 201.--Section 201(a)(1) of such Act (15 U.S.C. 
5521(a)(1)) is amended by striking ``high-performance computing'' and 
all that follows through ``networking;'' and inserting ``networking and 
information research and development;''.
    (e) Section 202.--Section 202(a) of such Act (15 U.S.C. 5522(a)) is 
amended by striking ``high-performance computing'' and inserting 
``networking and information technology''.
    (f) Section 203.--Section 203(a)(1) of such Act (15 U.S.C. 
5523(a)(1)) is amended by striking ``high-performance computing and 
networking'' and inserting ``networking and information technology''.
    (g) Section 204.--Section 204(a)(1) of such Act (15 U.S.C. 
5524(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``high-performance 
        computing systems and networks'' and inserting ``networking and 
        information technology systems and capabilities''; and
            (2) in subparagraph (C), by striking ``high-performance 
        computing'' and inserting ``networking and information 
        technology''.
    (h) Section 205.--Section 205(a) of such Act (15 U.S.C. 5525(a)) is 
amended by striking ``computational'' and inserting ``networking and 
information technology''.
    (i) Section 206.--Section 206(a) of such Act (15 U.S.C. 5526(a)) is 
amended by striking ``computational research'' and inserting 
``networking and information technology research''.
    (j) Section 208.--Section 208 of such Act (15 U.S.C. 5528) is 
amended--
            (1) in the section heading, by striking ``high-performance 
        computing'' and inserting ``networking and information 
        technology''; and
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``High-
                performance computing and associated'' and inserting 
                ``Networking and information'';
                    (B) in paragraph (2), by striking ``high-
                performance computing'' and inserting ``networking and 
                information technologies'';
                    (C) in paragraph (4), by striking ``high-
                performance computers and associated'' and inserting 
                ``networking and information''; and
                    (D) in paragraph (5), by striking ``high-
                performance computing and associated'' and inserting 
                ``networking and information''.

                   Subtitle C--Other OSTP Provisions

SEC. 121. FEDERAL SCIENTIFIC COLLECTIONS.

    (a) Management of Scientific Collections.--The Office of Science 
and Technology Policy, in consultation with relevant Federal agencies, 
shall ensure the development of formal policies for the management and 
use of Federal scientific collections to improve the quality, 
organization, access, including online access, and long-term 
preservation of such collections for the benefit of the scientific 
enterprise.
    (b) Definition.--For the purposes of this section, the term 
``scientific collection'' means a set of physical specimens, living or 
inanimate, created for the purpose of supporting science and serving as 
a long-term research asset, rather than for their market value as 
collectibles or their historical, artistic, or cultural significance.
    (c) Clearinghouse.--The Office of Science and Technology Policy, in 
consultation with relevant Federal agencies, shall ensure the 
development of an online clearinghouse for information on the contents 
of and access to Federal scientific collections.
    (d) Disposal of Collections.--The policies developed under 
subsection (a) shall--
            (1) require that, before disposing of a scientific 
        collection, a Federal agency shall--
                    (A) conduct a review of the research value of the 
                collection; and
                    (B) consult with researchers who have used the 
                collection, and other potentially interested parties, 
                concerning--
                            (i) the collection's value for research 
                        purposes; and
                            (ii) possible additional educational uses 
                        for the collection; and
            (2) include procedures for Federal agencies to transfer 
        scientific collections they no longer need to researchers at 
        institutions or other entities qualified to manage the 
        collections.
    (e) Cost Projections.--The Office of Science and Technology Policy, 
in consultation with relevant Federal agencies, shall develop a common 
set of methodologies to be used by Federal agencies for the assessment 
and projection of costs associated with the management and preservation 
of their scientific collections.

SEC. 122. COORDINATION OF MANUFACTURING RESEARCH AND DEVELOPMENT.

    (a) Interagency Committee.--The Director of the Office of Science 
and Technology Policy shall establish or designate an interagency 
committee under the National Science and Technology Council with the 
responsibility for planning and coordinating Federal programs and 
activities in manufacturing research and development.
    (b) Responsibilities of Committee.--The interagency committee 
established or designated under subsection (a) shall--
            (1) coordinate the manufacturing research and development 
        programs and activities of the Federal agencies;
            (2) establish goals and priorities for manufacturing 
        research and development that will strengthen United States 
        manufacturing; and
            (3) develop and update every 5 years thereafter a strategic 
        plan to guide Federal programs and activities in support of 
        manufacturing research and development, which shall--
                    (A) specify and prioritize near-term and long-term 
                research and development objectives, the anticipated 
                time frame for achieving the objectives, and the 
                metrics for use in assessing progress toward the 
                objectives;
                    (B) specify the role of each Federal agency in 
                carrying out or sponsoring research and development to 
                meet the objectives of the strategic plan;
                    (C) describe how the Federal agencies supporting 
                manufacturing research and development will foster the 
                transfer of research and development results into new 
                manufacturing technologies, processes, and products for 
                the benefit of society and the national interest; and
                    (D) describe how the Federal agencies supporting 
                manufacturing research and development will strengthen 
                all levels of manufacturing education and training 
                programs to ensure an adequate, well-trained workforce.
    (c) Recommendations.--In the development of the strategic plan 
required under subsection (b)(3), the Director of the Office of Science 
and Technology Policy, working through the interagency committee, shall 
take into consideration the recommendations of a wide range of 
stakeholders, including representatives from diverse manufacturing 
companies, academia, and other relevant organizations and institutions.
    (d) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Director of the Office of Science and 
Technology Policy shall transmit the strategic plan developed under 
subsection (b)(3) to the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Science and 
Technology of the House of Representatives, and shall transmit 
subsequent updates to those committees when completed.

SEC. 123. INTERAGENCY PUBLIC ACCESS COMMITTEE.

    (a) Establishment.--The Director of the Office of Science and 
Technology Policy shall establish a working group under the National 
Science and Technology Council with the responsibility to coordinate 
Federal science agency research and policies related to the 
dissemination and long-term stewardship of the results of unclassified 
research, including digital data and peer-reviewed scholarly 
publications, supported wholly, or in part, by funding from the Federal 
science agencies.
    (b) Responsibilities.--The working group established under 
subsection (a) shall--
            (1) coordinate the development or designation of uniform 
        standards for research data, the structure of full text and 
        metadata, navigation tools, and other applications to achieve 
        interoperability across Federal science agencies, across 
        science and engineering disciplines, and between research data 
        and scholarly publications, taking into account existing 
        consensus standards, including international standards;
            (2) coordinate Federal science agency programs and 
        activities that support research and education on tools and 
        systems required to ensure preservation and stewardship of all 
        forms of digital research data, including scholarly 
        publications;
            (3) work with international science and technology 
        counterparts to maximize interoperability between United States 
        based unclassified research databases and international 
        databases and repositories;
            (4) solicit input and recommendations from, and collaborate 
        with, non-Federal stakeholders, including universities, 
        nonprofit and for-profit publishers, libraries, federally 
        funded research scientists, and other organizations and 
        institutions with a stake in long term preservation and access 
        to the results of federally funded research; and
            (5) establish priorities for coordinating the development 
        of any Federal science agency policies related to public access 
        to the results of federally funded research to maximize 
        uniformity of such policies with respect to their benefit to, 
        and potential economic or other impact on, the science and 
        engineering enterprise and the stakeholders thereof.
    (c) Patent or Copyright Law.--Nothing in this section shall be 
construed to affect any right under the provisions of title 17 or 35, 
United States Code.
    (d) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Director of the Office of Science and 
Technology Policy shall transmit a report to Congress describing--
            (1) any priorities established under subsection (b)(5);
            (2) the status of any Federal science agency policies 
        related to public access to the results of federally funded 
        research; and
            (3) how any policies developed or being developed by 
        Federal science agencies, as described in paragraph (2), 
        incorporate input from the non-Federal stakeholders described 
        in subsection (b)(4).
    (e) Definition.--For the purposes of this section, the term 
``Federal science agency'' means any Federal agency with an annual 
extramural research expenditure of over $100,000,000.
    (f) Sense of Congress Regarding Peer Review.--It is the sense of 
Congress that peer review is an important part of the process of 
ensuring the integrity of the record of scientific research, and that 
the National Science and Technology Council working group established 
under this section should take into account the role that scientific 
publishers play in the peer review process.

SEC. 124. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC SCIENCE AND 
              ENGINEERING.

    (a) Definition.--In this section, the term ``Federal science 
agency'' means any Federal agency that is responsible for at least 2 
percent of total Federal research and development funding to 
institutions of higher education, according to the most recent data 
available from the National Science Foundation.
    (b) Workshops To Enhance Gender Equity in Academic Science and 
Engineering.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Director of the Office of Science 
        and Technology Policy shall develop a uniform policy for all 
        Federal science agencies to carry out a program of workshops 
        that educate program officers, members of grant review panels, 
        institution of higher education STEM department chairs, and 
        other federally funded researchers about methods that minimize 
        the effects of gender bias in evaluation of Federal research 
        grants and in the related academic advancement of actual and 
        potential recipients of these grants, including hiring, tenure, 
        promotion, and selection for any honor based in part on the 
        recipient's research record.
            (2) Interagency coordination.--The Director of the Office 
        of Science and Technology Policy shall ensure that programs of 
        workshops across the Federal science agencies are coordinated 
        and supported jointly as appropriate. As part of this process, 
        the Director of the Office of Science and Technology Policy 
        shall ensure that at least 1 workshop is supported every 2 
        years among the Federal science agencies in each of the major 
        science and engineering disciplines supported by those 
        agencies.
            (3) Organizations eligible to carry out workshops.--Federal 
        science agencies may carry out the program of workshops under 
        this subsection by making grants to eligible organizations. In 
        addition to any other organizations made eligible by the 
        Federal science agencies, the following organizations are 
        eligible for grants under this subsection:
                    (A) Nonprofit scientific and professional societies 
                and organizations that represent one or more STEM 
                disciplines.
                    (B) Nonprofit organizations that have the primary 
                mission of advancing the participation of women in 
                STEM.
            (4) Characteristics of workshops.--The workshops shall have 
        the following characteristics:
                    (A) Invitees to workshops shall include at least--
                            (i) the chairs of departments in the 
                        relevant discipline from at least the top 50 
                        institutions of higher education, as determined 
                        by the amount of Federal research and 
                        development funds obligated to each institution 
                        of higher education in the prior year based on 
                        data available from the National Science 
                        Foundation;
                            (ii) members of any standing research grant 
                        review panel appointed by the Federal science 
                        agencies in the relevant discipline;
                            (iii) in the case of science and 
                        engineering disciplines supported by the 
                        Department of Energy, the individuals from each 
                        of the Department of Energy National 
                        Laboratories with personnel management 
                        responsibilities comparable to those of an 
                        institution of higher education department 
                        chair; and
                            (iv) Federal science agency program 
                        officers in the relevant discipline, other than 
                        program officers that participate in comparable 
                        workshops organized and run specifically for 
                        that agency's program officers.
                    (B) Activities at the workshops shall include 
                research presentations and interactive discussions or 
                other activities that increase the awareness of the 
                existence of gender bias in the grant-making process 
                and the development of the academic record necessary to 
                qualify as a grant recipient, including recruitment, 
                hiring, tenure review, promotion, and other forms of 
                formal recognition of individual achievement, and 
                provide strategies to overcome such bias.
                    (C) Research presentations and other workshop 
                programs, as appropriate, shall include a discussion of 
                the unique challenges faced by women who are members of 
                historically underrepresented groups.
                    (D) Workshop programs shall include information on 
                best practices and the value of mentoring undergraduate 
                and graduate women students as well as outreach to 
                girls earlier in their STEM education.
            (5) Report.--
                    (A) In general.--Not later than 5 years after the 
                date of enactment of this Act, the Director of the 
                Office of Science and Technology Policy shall transmit 
                to the Committee on Science and Technology of the House 
                of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate a report 
                evaluating the effectiveness of the program carried out 
                under this subsection to reduce gender bias towards 
                women engaged in research funded by the Federal 
                Government. The Director of the Office of Science and 
                Technology Policy shall include in this report any 
                recommendations for improving the evaluation process 
                described in subparagraph (B).
                    (B) Minimum criteria for evaluation.--In 
                determining the effectiveness of the program, the 
                Director of the Office of Science and Technology Policy 
                shall consider, at a minimum--
                            (i) the rates of participation by invitees 
                        in the workshops authorized under this 
                        subsection;
                            (ii) the results of attitudinal surveys 
                        conducted on workshop participants before and 
                        after the workshops;
                            (iii) any relevant institutional policy or 
                        practice changes reported by participants; and
                            (iv) for individuals described in paragraph 
                        (4)(A)(i) or (iii) who participated in at least 
                        1 workshop 3 or more years prior to the due 
                        date for the report, trends in the data for the 
                        department represented by the chair or employee 
                        including faculty data related to gender as 
                        described in section 216.
                    (C) Institutional attendance at workshops.--As part 
                of the report under subparagraph (A), the Director of 
                the Office of Science and Technology Policy shall 
                include a list of institutions of higher education 
                science and engineering departments whose 
                representatives attended the workshops required under 
                this subsection.
            (6) Minimizing costs.--To the extent practicable, workshops 
        shall be held in conjunction with national or regional 
        disciplinary meetings to minimize costs associated with 
        participant travel.
    (c) Extended Research Grant Support and Interim Technical Support 
for Caregivers.--
            (1) Policies for caregivers.--Not later than 6 months after 
        the date of enactment of this Act, the Director of the Office 
        of Science and Technology Policy shall develop a uniform policy 
        to--
                    (A) extend the period of grant support for 
                federally funded researchers who have caregiving 
                responsibilities; and
                    (B) provide funding for interim technical staff 
                support for federally funded researchers who take a 
                leave of absence for caregiving responsibilities.
            (2) Report.--Upon developing the policy required under 
        paragraph (1), the Director of the Office of Science and 
        Technology Policy shall transmit a copy of the policy to the 
        Committee on Science and Technology of the House of 
        Representatives and to the Committee on Commerce, Science, and 
        Transportation of the Senate.
    (d) Collection of Data on Federal Research Grants.--
            (1) In general.--Each Federal science agency shall collect 
        standardized annual composite information on demographics, 
        field, award type and budget request, review score, and funding 
        outcome for all applications for research and development 
        grants to institutions of higher education supported by that 
        agency.
            (2) Reporting of data.--
                    (A) The Director of the Office of Science and 
                Technology Policy shall establish a policy to ensure 
                uniformity and standardization of data collection 
                required under paragraph (1).
                    (B) Not later than 2 years after the date of 
                enactment of this Act, and annually thereafter, each 
                Federal science agency shall submit data collected 
                under paragraph (1) to the National Science Foundation.
                    (C) The National Science Foundation shall be 
                responsible for storing and publishing all of the grant 
                data submitted under subparagraph (B), disaggregated 
                and cross-tabulated by race, ethnicity, and gender, in 
                conjunction with the biennial report required under 
                section 37 of the Science and Engineering Equal 
                Opportunities Act (42 U.S.C. 1885d).

SEC. 125. NATIONAL COMPETITIVENESS AND INNOVATION STRATEGY.

    Not later than one year after the date of the enactment of this 
Act, the Director of the White House Office of Science and Technology 
Policy shall submit to Congress and the President a national 
competitiveness and innovation strategy for strengthening the 
innovative and competitive capacity of the Federal Government, State 
and local governments, institutions of higher education, and the 
private sector that includes--
            (1) proposed legislative changes and action;
            (2) proposed actions to be taken collectively by executive 
        agencies, including White House offices;
            (3) proposed actions to be taken by individual executive 
        agencies, including White House offices; and
            (4) a proposal for metrics-based monitoring and oversight 
        of the progress of the Federal Government with respect to 
        improving conditions for the innovation occurring in and the 
        competitiveness of the United States.

                 TITLE II--NATIONAL SCIENCE FOUNDATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Science Foundation 
Authorization Act of 2010''.

                     Subtitle A--General Provisions

SEC. 211. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the National Science Foundation established under section 2 of 
        the National Science Foundation Act of 1950 (42 U.S.C. 1861).
            (2) Foundation.--The term ``Foundation'' means the National 
        Science Foundation established under section 2 of the National 
        Science Foundation Act of 1950 (42 U.S.C. 1861).
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (4) State.--The term ``State'' means one of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, or any other 
        territory or possession of the United States.
            (5) STEM.--The term ``STEM'' means science, technology, 
        engineering, and mathematics.
            (6) United states.--The term ``United States'' means the 
        several States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2011.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $7,481,000,000 for fiscal year 2011.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $6,020,000,000 shall be made available for 
                research and related activities;
                    (B) $945,000,000 shall be made available for 
                education and human resources;
                    (C) $166,000,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $330,000,000 shall be made available for agency 
                operations and award management;
                    (E) $4,840,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $14,830,000 shall be made available for the 
                Office of Inspector General.
    (b) Fiscal Year 2012.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $8,127,000,000 for fiscal year 2012.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $6,496,000,000 shall be made available for 
                research and related activities;
                    (B) $1,020,000,000 shall be made available for 
                education and human resources;
                    (C) $235,000,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $356,000,000 shall be made available for agency 
                operations and award management;
                    (E) $5,010,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $15,350,000 shall be made available for the 
                Office of Inspector General.
    (c) Fiscal Year 2013.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $8,764,000,000 for fiscal year 2013.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $7,009,000,000 shall be made available for 
                research and related activities;
                    (B) $1,100,000,000 shall be made available for 
                education and human resources;
                    (C) $250,000,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $384,000,000 shall be made available for agency 
                operations and award management;
                    (E) $5,180,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $15,890,000 shall be made available for the 
                Office of Inspector General.

SEC. 213. NATIONAL SCIENCE BOARD ADMINISTRATIVE AMENDMENTS.

    (a) Staffing at the National Science Board.--Section 4(g) of the 
National Science Foundation Act of 1950 (42 U.S.C. 1863(g)) is amended 
by striking ``not more than 5''.
    (b) Science and Engineering Indicators Due Date.--Section 4(j)(1) 
of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) 
is amended by striking ``January 15'' and inserting ``May 31''.
    (c) National Science Board Reports.--Section 4(j)(2) of the 
National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(2)) is 
amended by inserting ``within the authority of the Foundation (or 
otherwise as requested by the appropriate Congressional committees of 
jurisdiction or the President)'' after ``individual policy matters''.
    (d) Board Adherence to Sunshine Act.--Section 15(a) of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-5(a)) is 
amended--
            (1) by striking paragraph (3) and redesignating paragraphs 
        (4) and (5) as paragraphs (3) and (4), respectively;
            (2) in paragraph (3), as so redesignated by paragraph (1) 
        of this subsection--
                    (A) by striking ``February 15'' and inserting 
                ``April 15''; and
                    (B) by striking ``the audit required under 
                paragraph (3) along with'' and inserting ``any''; and
            (3) in paragraph (4), as so redesignated by paragraph (1) 
        of this subsection, by striking ``To facilitate the audit 
        required under paragraph (3) of this subsection, the'' and 
        inserting ``The''.

SEC. 214. BROADER IMPACTS REVIEW CRITERION.

    (a) Goals.--The Foundation shall apply a Broader Impacts Review 
Criterion to achieve the following goals:
            (1) Increased economic competitiveness of the United 
        States.
            (2) Development of a globally competitive STEM workforce.
            (3) Increased participation of women and underrepresented 
        minorities in STEM.
            (4) Increased partnerships between academia and industry.
            (5) Improved pre-K-12 STEM education and teacher 
        development.
            (6) Improved undergraduate STEM education.
            (7) Increased public scientific literacy.
            (8) Increased national security.
    (b) Policy.--Not later than 6 months after the date of enactment of 
this Act, the Director shall develop and implement a policy for the 
Broader Impacts Review Criterion that--
            (1) provides for educating professional staff at the 
        Foundation, merit review panels, and applicants for Foundation 
        research grants on the policy developed under this subsection;
            (2) clarifies that the activities of grant recipients 
        undertaken to satisfy the Broader Impacts Review Criterion 
        shall--
                    (A) to the extent practicable employ proven 
                strategies and models and draw on existing programs and 
                activities; and
                    (B) when novel approaches are justified, build on 
                the most current research results;
            (3) allows for some portion of funds allocated to broader 
        impacts under a research grant to be used for assessment and 
        evaluation of the broader impacts activity;
            (4) encourages institutions of higher education and other 
        nonprofit education or research organizations to develop and 
        provide, either as individual institutions or in partnerships 
        thereof, appropriate training and programs to assist 
        Foundation-funded principal investigators at their institutions 
        in achieving the goals of the Broader Impacts Review Criterion 
        as described in subsection (a); and
            (5) requires principal investigators applying for 
        Foundation research grants to provide evidence of institutional 
        support for the portion of the investigator's proposal designed 
        to satisfy the Broader Impacts Review Criterion, including 
        evidence of relevant training, programs, and other 
        institutional resources available to the investigator from 
        either their home institution or organization or another 
        institution or organization with relevant expertise.

SEC. 215. NATIONAL CENTER FOR SCIENCE AND ENGINEERING STATISTICS.

    (a) Establishment.--There is established within the Foundation a 
National Center for Science and Engineering Statistics (in this section 
referred to as the ``Center''), that shall serve as a central Federal 
clearinghouse for the collection, interpretation, analysis, and 
dissemination of objective data on science, engineering, technology, 
and research and development.
    (b) Duties.--In carrying out subsection (a) of this section, the 
Director, acting through the Center shall--
            (1) collect, acquire, analyze, report, and disseminate 
        statistical data related to the science and engineering 
        enterprise in the United States and other nations that is 
        relevant and useful to practitioners, researchers, 
        policymakers, and the public, including statistical data on--
                    (A) research and development trends;
                    (B) the science and engineering workforce;
                    (C) United States competitiveness in science, 
                engineering, technology, and research and development; 
                and
                    (D) the condition and progress of United States 
                STEM education;
            (2) support research using the data it collects, and on 
        methodologies in areas related to the work of the Center; and
            (3) support the education and training of researchers in 
        the use of large-scale, nationally representative data sets.
    (c) Statistical Reports.--The Director or the National Science 
Board, acting through the Center, shall issue regular, and as 
necessary, special statistical reports on topics related to the 
national and international science and engineering enterprise such as 
the biennial report required by section 4 (j)(1) of the National 
Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of 
the state of science and engineering in the United States.

SEC. 216. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY.

    (a) Collection of Data.--The Director shall report, in conjunction 
with the biennial report required under section 37 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C.19 1885d), statistical 
summary data on the demographics of STEM discipline faculty at 
institutions of higher education in the United States, disaggregated 
and cross-tabulated by race, ethnicity, and gender. At a minimum, the 
Director shall consider--
            (1) the number and percent of faculty by gender, race, and 
        age;
            (2) the number and percent of faculty at each rank, by 
        gender, race, and age;
            (3) the number and percent of faculty who are in nontenure-
        track positions, including teaching and research, by gender, 
        race, and age;
            (4) the number of faculty who are reviewed for promotion, 
        including tenure, and the percentage of that number who are 
        promoted, by gender, race, and age;
            (5) faculty years in rank by gender, race, and age;
            (6) faculty attrition by gender, race, and age;
            (7) the number and percent of faculty hired by rank, 
        gender, race, and age; and
            (8) the number and percent of faculty in leadership 
        positions, including endowed or named chairs, serving on 
        promotion and tenure committees, by gender, race, and age.
    (b) Recommendations.--The Director shall solicit input and 
recommendations from relevant stakeholders, including representatives 
from institutions of higher education and nonprofit organizations, on 
the collection of data required under subsection (a), including the 
development of standard definitions on the terms and categories to be 
used in the collection of such data.
    (c) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Director shall submit a report to Congress 
on how the Foundation will gather the demographic data on STEM faculty, 
including--
            (1) a description of the data to be reported and the 
        sources of those data;
            (2) justification for the exclusion of any data described 
        in paragraph (1); and
            (3) a list of the definitions for the terms and categories, 
        such as ``faculty'' and ``leadership positions'', to be applied 
        in the reporting of all data described in paragraph (1).

                  Subtitle B--Research and Innovation

SEC. 221. SUPPORT FOR POTENTIALLY TRANSFORMATIVE RESEARCH.

    (a) Policy.--The Director shall establish a policy that requires 
the Foundation to use at least 5 percent of its research budget to fund 
high-risk, high-reward basic research proposals. Support for facilities 
and infrastructure, including preconstruction design and operations and 
maintenance of major research facilities, shall not be counted as part 
of the research budget for the purposes of this section.
    (b) Implementation.--In implementing such policy, the Foundation 
may--
            (1) develop solicitations specifically for high-risk, high-
        reward basic research;
            (2) establish review panels for the primary purpose of 
        selecting high-risk, high-reward proposals or modify 
        instructions to standard review panels to require 
        identification of high-risk, high-reward proposals; and
            (3) support workshops and participate in conferences with 
        the primary purpose of identifying new opportunities for high-
        risk, high-reward basic research, especially at 
        interdisciplinary interfaces.
    (c) Definition.--For purposes of this section, the term ``high-
risk, high-reward basic research'' means research driven by ideas that 
have the potential to radically change our understanding of an 
important existing scientific or engineering concept, or leading to the 
creation of a new paradigm or field of science or engineering, and that 
is characterized by its challenge to current understanding or its 
pathway to new frontiers.

SEC. 222. FACILITATING INTERDISCIPLINARY COLLABORATIONS FOR NATIONAL 
              NEEDS.

    (a) In General.--The Director shall award competitive, merit-based 
awards in amounts not to exceed $5,000,000 over a period of up to 5 
years to interdisciplinary research collaborations that are likely to 
assist in addressing critical challenges to national security, 
competitiveness, and societal well-being and that--
            (1) involve at least 2 co-equal principal investigators at 
        the same or different institutions;
            (2) draw upon well-integrated, diverse teams of 
        investigators, including students or postdoctoral researchers, 
        from one or more disciplines; and
            (3) foster creativity and pursue high-risk, high-reward 
        research.
    (b) Priority.--In selecting grant recipients under this section, 
the Director shall give priority to applicants that propose to utilize 
advances in cyberinfrastructure and simulation-based science and 
engineering.

SEC. 223. NATIONAL SCIENCE FOUNDATION MANUFACTURING RESEARCH AND 
              EDUCATION.

    (a) Manufacturing Research.--The Director shall carry out a program 
to award merit-reviewed, competitive grants to institutions of higher 
education to support fundamental research leading to transformative 
advances in manufacturing technologies, processes, and enterprises that 
will support United States manufacturing through improved performance, 
productivity, sustainability, and competitiveness. Research areas may 
include--
            (1) nanomanufacturing;
            (2) manufacturing and construction machines and equipment, 
        including robotics, automation, and other intelligent systems;
            (3) manufacturing enterprise systems;
            (4) advanced sensing and control techniques;
            (5) materials processing; and
            (6) information technologies for manufacturing, including 
        predictive and real-time models and simulations, and virtual 
        manufacturing.
    (b) Manufacturing Education.--In order to help ensure a well-
trained manufacturing workforce, the Director shall award grants to 
strengthen and expand scientific and technical education and training 
in advanced manufacturing, including through the Foundation's Advanced 
Technological Education program.

SEC. 224. STRENGTHENING INSTITUTIONAL RESEARCH PARTNERSHIPS.

    (a) In General.--For any Foundation research grant, in an amount 
greater than $2,000,000, to be carried out through a partnership that 
includes one or more minority-serving institutions or predominantly 
undergraduate institutions and one or more institutions described in 
subsection (b), the Director shall award funds directly, according to 
the budget justification described in the grant proposal, to at least 
two of the institutions of higher education in the partnership, 
including at least one minority-serving institution or one 
predominantly undergraduate institution, to ensure a strong and 
equitable partnership.
    (b) Institutions.--The institutions referred to in subsection (a) 
are institutions of higher education that are among the 100 
institutions receiving, over the 3-year period immediately preceding 
the awarding of grants, the highest amount of research funding from the 
Foundation.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Director shall provide a report to Congress on 
institutional research partnerships identified in subsection (a) funded 
in the previous fiscal year.

SEC. 225. NATIONAL SCIENCE BOARD REPORT ON MID-SCALE INSTRUMENTATION.

    (a) Mid-Scale Research Instrumentation Needs.--The National Science 
Board shall evaluate the needs, across all disciplines supported by the 
Foundation, for mid-scale research instrumentation that falls between 
the instruments funded by the Major Research Instrumentation program 
and the very large projects funded by the Major Research Equipment and 
Facilities Construction program.
    (b) Report on Mid-Scale Research Instrumentation Program.--Not 
later than 1 year after the date of enactment of this Act, the National 
Science Board shall submit to Congress a report on mid-scale research 
instrumentation at the Foundation. At a minimum, this report shall 
include--
            (1) the findings from the Board's evaluation of 
        instrumentation needs required under subsection (a), including 
        a description of differences across disciplines and Foundation 
        research directorates;
            (2) a recommendation or recommendations regarding how the 
        Foundation should set priorities for mid-scale instrumentation 
        across disciplines and Foundation research directorates;
            (3) a recommendation or recommendations regarding the 
        appropriateness of expanding existing programs, including the 
        Major Research Instrumentation program or the Major Research 
        Equipment and Facilities Construction program, to support more 
        instrumentation at the mid-scale;
            (4) a recommendation or recommendations regarding the need 
        for and appropriateness of a new, Foundation-wide program or 
        initiative in support of mid-scale instrumentation, including 
        any recommendations regarding the administration of and budget 
        for such a program or initiative and the appropriate scope of 
        instruments to be funded under such a program or initiative; 
        and
            (5) any recommendation or recommendations regarding other 
        options for supporting mid-scale research instrumentation at 
        the Foundation.

SEC. 226. SENSE OF CONGRESS ON OVERALL SUPPORT FOR RESEARCH 
              INFRASTRUCTURE AT THE FOUNDATION.

    It is the sense of Congress that the Foundation should strive to 
keep the percentage of the Foundation budget devoted to research 
infrastructure in the range of 24 to 27 percent, as recommended in the 
2003 National Science Board report entitled ``Science and Engineering 
Infrastructure for the 21st Century''.

SEC. 227. PARTNERSHIPS FOR INNOVATION.

    (a) In General.--The Director shall carry out a program to award 
merit-reviewed, competitive grants to institutions of higher education 
to establish and to expand partnerships that promote innovation and 
increase the economic and social impact of research by developing tools 
and resources to connect new scientific discoveries to practical uses.
    (b) Partnerships.--
            (1) In general.--To be eligible for funding under this 
        section, an institution of higher education must propose 
        establishment of a partnership that--
                    (A) includes at least one private sector entity; 
                and
                    (B) may include other institutions of higher 
                education, public sector institutions, private sector 
                entities, and social enterprise nonprofit 
                organizations.
            (2) Priority.--In selecting grant recipients under this 
        section, the Director shall give priority to partnerships that 
        include one or more institutions of higher education that are 
        among the 100 institutions receiving, over the 3-year period 
        immediately preceding the awarding of grants, the highest 
        amount of research funding from the Foundation and at least one 
        of the following:
                    (A) A minority serving institution.
                    (B) A primarily undergraduate institution.
                    (C) A 2-year institution of higher education.
    (c) Program.--Proposals funded under this section shall seek to--
            (1) increase the economic or social impact of the most 
        promising research at the institution or institutions of higher 
        education that are members of the partnership through knowledge 
        transfer or commercialization;
            (2) increase the engagement of faculty and students across 
        multiple disciplines and departments, including faculty and 
        students in schools of business and other appropriate non-STEM 
        fields and disciplines in knowledge transfer activities;
            (3) enhance education and mentoring of students and faculty 
        in innovation and entrepreneurship through networks, courses, 
        and development of best practices and curricula;
            (4) strengthen the culture of the institution or 
        institutions of higher education to undertake and participate 
        in activities related to innovation and leading to economic or 
        social impact;
            (5) broaden the participation of all types of institutions 
        of higher education in activities to meet STEM workforce needs 
        and promote innovation and knowledge transfer; and
            (6) build lasting partnerships with local and regional 
        businesses, local and State governments, and other relevant 
        entities.
    (d) Additional Criteria.--In selecting grant recipients under this 
section, the Director shall also consider the extent to which the 
applicants are able to demonstrate evidence of institutional support 
for, and commitment to--
            (1) achieving the goals of the program as described in 
        subsection (c);
            (2) expansion to an institution-wide program if the initial 
        proposal is not for an institution-wide program; and
            (3) sustaining any new innovation tools and resources 
        generated from funding under this program.
    (e) Limitation.--No funds provided under this section may be used 
to construct or renovate a building or structure.

SEC. 228. PRIZE AWARDS.

    (a) Short Title.--This section may be cited as the ``Generating 
Extraordinary New Innovations in the United States Act of 2010''.
    (b) In General.--The Director shall carry out a pilot program to 
award innovation inducement cash prizes in any area of research 
supported by the Foundation. The Director may carry out a program of 
cash prizes only in conformity with this section.
    (c) Topics.--In identifying topics for prize competitions under 
this section, the Director shall--
            (1) consult widely both within and outside the Federal 
        Government;
            (2) give priority to high-risk, high-reward research 
        challenges and to problems whose solution could improve the 
        economic competitiveness of the United States; and
            (3) give consideration to the extent to which the topics 
        have the potential to raise public awareness about federally 
        sponsored research.
    (d) Types of Contests.--The Director shall consider all categories 
of innovation inducement prizes, including--
            (1) contests in which the award is to the first team or 
        individual who accomplishes a stated objective; and
            (2) contests in which the winner is the team or individual 
        who comes closest to achieving an objective within a specified 
        time.
    (e) Advertising and Announcement.--
            (1) Advertising and solicitation of competitors.--The 
        Director shall widely advertise prize competitions to encourage 
        broad participation, including by individuals, institutions of 
        higher education, nonprofit organizations, and businesses.
            (2) Announcement through federal register notice.--The 
        Director shall announce each prize competition by publishing a 
        notice in the Federal Register. This notice shall include the 
        subject of the competition, the duration of the competition, 
        the eligibility requirements for participation in the 
        competition, the process for participants to register for the 
        competition, the amount of the prize, and the criteria for 
        awarding the prize, including the method by which the prize 
        winner or winners will be selected.
            (3) Time to announcement.--The Director shall announce a 
        prize competition within 18 months after receipt of 
        appropriated funds.
    (f) Funding.--
            (1) Funding sources.--Prizes under this section shall 
        consist of Federal appropriated funds and any funds raised 
        pursuant to donations authorized under section 11(f) of the 
        National Science Foundation Act of 1950 (42 U.S.C. 1870(f)) for 
        specific prize competitions.
            (2) Announcement of prizes.--The Director may not issue a 
        notice as required by subsection (e)(2) until all of the funds 
        needed to pay out the announced amount of the prize have been 
        appropriated or committed in writing by another entity pursuant 
        to paragraph (1).
    (g) Eligibility.--To be eligible to win a prize under this section, 
an individual or entity--
            (1) shall have complied with all of the requirements under 
        this section;
            (2) in the case of a private entity, shall be incorporated 
        in and maintain a primary place of business in the United 
        States, and in the case of an individual, whether participating 
        singly or in a group, shall be a United States citizen or 
        national, or an alien lawfully admitted to the United States 
        for permanent residence;
            (3) shall not be a Federal entity, a Federal employee 
        acting within the scope of his or her employment, or a person 
        employed at a Federal laboratory acting within the scope of his 
        or her employment; and
            (4) shall not have utilized Federal funds to engage in 
        research on the topic for which the prize is being awarded.
    (h) Awards.--
            (1) Number of competitions.--The Director may announce up 
        to 5 prize competitions through the end of fiscal year 2013.
            (2) Size of award.--The Director may determine the amount 
        of each prize award based on the prize topic, but no award 
        shall be less than $1,000,000 or greater than $3,000,000.
            (3) Selecting winners.--The Director may convene an expert 
        panel to select a winner of a prize competition. If the panel 
        is unable to select a winner, the Director shall determine the 
        winner of the prize.
            (4) Public outreach.--The Director shall publicly award 
        prizes utilizing the Foundation's existing public affairs and 
        public outreach resources.
    (i) Administering the Competition.--The Director may enter into an 
agreement with a private, nonprofit entity to administer the prize 
competition, subject to the provisions of this section.
    (j) Intellectual Property.--The Federal Government shall not, by 
virtue of offering or awarding a prize under this section, be entitled 
to any intellectual property rights derived as a consequence of, or in 
direct relation to, the participation by a registered participant in a 
competition authorized by this section. This subsection shall not be 
construed to prevent the Federal Government from negotiating a license 
for the use of intellectual property developed for a prize competition 
under this section.
    (k) Liability.--The Director may require a registered participant 
in a prize competition under this section to waive liability against 
the Federal Government for injuries and damages that result from 
participation in such competition.
    (l) Nonsubstitution.--Any programs created under this section shall 
not be considered a substitute for Federal research and development 
programs.
    (m) Reporting Requirement.--Not later than 5 years after the date 
of enactment of this Act, the National Science Board shall transmit to 
Congress a report containing the results of a review and assessment of 
the pilot program under this section, including--
            (1) a description of the nature and status of all completed 
        or ongoing prize competitions carried out under this section, 
        including any scientific achievements, publications, 
        intellectual property, or commercialized technology that 
        resulted from such competitions;
            (2) any recommendations regarding changes to, the 
        termination of, or continuation of the pilot program;
            (3) an analysis of whether the program is attracting 
        contestants more diverse than the Foundation's traditional 
        academic constituency;
            (4) an analysis of whether public awareness of innovation 
        or of the goal of the particular prize or prizes is enhanced;
            (5) an analysis of whether the Foundation's public image or 
        ability to increase public scientific literacy is enhanced 
        through the use of innovation inducement prizes; and
            (6) an analysis of the extent to which private funds are 
        being used to support registered participants.
    (n) Early Termination of Contests.--The Director shall terminate a 
prize contest before any registered participant wins if the Director 
determines that an unregistered entity has produced an innovation that 
would otherwise have qualified for the prize award.
    (o) Authorization of Appropriations.--
            (1) In general.--
                    (A) Awards.--There are authorized to be 
                appropriated to the Director for the period 
                encompassing fiscal years 2011 through 2013 $12,000,000 
                for carrying out this section.
                    (B) Administration.--Of the amounts authorized in 
                subparagraph (A), not more than 15 percent for each 
                fiscal year shall be available for the administrative 
                costs of carrying out this section.
            (2) Carryover of funds.--Funds appropriated for prize 
        awards under this section shall remain available until 
        expended, and may be transferred, reprogrammed, or expended for 
        other purposes as authorized by law only after the expiration 
        of 7 fiscal years after the fiscal year for which the funds 
        were originally appropriated. No provision in this section 
        permits obligation or payment of funds in violation of section 
        1341 of title 31 of the United States Code (commonly referred 
        to as the Anti-Deficiency Act).

SEC. 229. GREEN CHEMISTRY BASIC RESEARCH.

    The Director shall establish a Green Chemistry Basic Research 
program to award competitive, merit-based grants to support research 
into green and sustainable chemistry which will lead to clean, safe, 
and economical alternatives to traditional chemical products and 
practices. The research program shall provide sustained support for 
green chemistry research, education, and technology transfer through--
            (1) merit-reviewed competitive grants to individual 
        investigators and teams of investigators, including, to the 
        extent practicable, young investigators, for research;
            (2) grants to fund collaborative research partnerships 
        among universities, industry, and nonprofit organizations;
            (3) symposia, forums, and conferences to increase outreach, 
        collaboration, and dissemination of green chemistry advances 
        and practices; and
            (4) education, training, and retraining of undergraduate 
        and graduate students and professional chemists and chemical 
        engineers, including through partnerships with industry, in 
        green chemistry science and engineering.

SEC. 230. COLLABORATION IN PLANNING FOR STEWARDSHIP OF LARGE-SCALE 
              FACILITIES.

    It is the sense of Congress that the Foundation should, in its 
planning for construction and stewardship of large facilities, 
coordinate and collaborate with other Federal agencies, including the 
Department of Energy's Office of Science, to ensure that joint 
investments may be made when practicable. In particular, the Foundation 
should ensure that it responds to recommendations by the National 
Academy of Sciences and working groups convened by the National Science 
and Technology Council regarding such facilities and opportunities for 
partnership with other agencies in the design and construction of such 
facilities. For facilities in which research in multiple disciplines 
will be possible, the Director should include multiple units within the 
Foundation during the planning process.

           Subtitle C--STEM Education and Workforce Training

SEC. 241. GRADUATE STUDENT SUPPORT.

    (a) Finding.--The Congress finds that--
            (1) the Integrative Graduate Education and Research 
        Traineeship program is an important program for training the 
        next generation of scientists and engineers in team-based 
        interdisciplinary research and problem solving, and for 
        providing them with the many additional skills, such as 
        communication skills, needed to thrive in diverse STEM careers; 
        and
            (2) the Integrative Graduate Education and Research 
        Traineeship program is no less valuable to the preparation and 
        support of graduate students than the Foundation's Graduate 
        Research Fellowship program.
    (b) Equal Treatment of IGERT and GRF.--Beginning in fiscal year 
2011, the Director shall increase or, if necessary, decrease funding 
for the Foundation's Integrative Graduate Education and Research 
Traineeship program (or any program by which it is replaced) at least 
at the same rate as it increases or decreases funding for the Graduate 
Research Fellowship program.
    (c) Support for Graduate Student Research From the Research 
Account.--For each of the fiscal years 2011 through 2013, at least 50 
percent of the total Foundation funds allocated to the Integrative 
Graduate Education and Research Traineeship program and the Graduate 
Research Fellowship program shall come from funds appropriated for 
Research and Related Activities.
    (d) Cost of Education Allowance for GRF Program.--Section 10 of the 
National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended--
            (1) by inserting ``(a)'' before ``The Foundation is 
        authorized''; and
            (2) by adding at the end the following new subsection:
    ``(b) The Director shall establish for each year the amount to be 
awarded for scholarships and fellowships under this section for that 
year. Each such scholarship and fellowship shall include a cost of 
education allowance of $12,000, subject to any restrictions on the use 
of cost of education allowance as determined by the Director.''.

SEC. 242. POSTDOCTORAL FELLOWSHIP IN STEM EDUCATION RESEARCH.

    (a) In General.--The Director shall establish postdoctoral 
fellowships in STEM education research to provide recent doctoral 
degree graduates in STEM fields with the necessary skills to assume 
leadership roles in STEM education research, program development, and 
evaluation in our Nation's diverse educational institutions.
    (b) Awards.--
            (1) Duration.--Fellowships may be awarded under this 
        section for a period of up to 24 months in duration, renewable 
        for an additional 12 months. The Director shall establish 
        criteria for eligibility for renewal of the fellowship.
            (2) Stipend.--The Director shall determine the amount of 
        the award for a fellowship, which shall include a stipend and a 
        research allowance, and may include an educational allowance.
            (3) Location.--A fellowship shall be awarded for research 
        at any institution of higher education that offers degrees in 
        fields supported by the Foundation, or at any institution or 
        organization that the Director determines is eligible for 
        education research grants from the Foundation.
            (4) Number of awards.--The Director may award up to 20 new 
        fellowships per year.
    (c) Research.--Fellowships under this section shall be awarded for 
research on STEM education at any educational level, including grades 
pre-K-12, undergraduate, graduate, and general public education, in 
both formal and informal settings. Research topics may include--
            (1) learning processes and progressions;
            (2) knowledge transfer, including curriculum development;
            (3) uses of technology as teaching and learning tools;
            (4) integrating STEM fields; and
            (5) assessment of student learning and program evaluation.
    (d) Eligibility.--To be eligible for a fellowship under this 
section, an individual must--
            (1) be a United States citizen or national, or an alien 
        lawfully admitted to the United States for permanent residence, 
        at the time of application; and
            (2) have received a doctoral degree in one of the STEM 
        fields supported by the Foundation within 3 years prior to the 
        fellowship application deadline.
    (e) Outreach.--In carrying out the program under this section, the 
Director shall conduct outreach efforts to encourage applications from 
underrepresented groups.

SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

    (a) Matching Requirement.--Section 10A(h)(1) of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(h)(1)) 
is amended to read as follows:
            ``(1) In general.--An eligible entity receiving a grant 
        under this section shall provide, from non-Federal sources, to 
        carry out the activities supported by the grant--
                    ``(A) in the case of grants in an amount of less 
                than $1,500,000, an amount equal to at least 30 percent 
                of the amount of the grant, at least one half of which 
                shall be in cash; and
                    ``(B) in the case of grants in an amount of 
                $1,500,000 or more, an amount equal to at least 50 
                percent of the amount of the grant, at least one half 
                of which shall be in cash.''.
    (b) Retiring STEM Professionals.--Section 10A of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a) is 
amended in subsection (a)(2)(A) by inserting ``including retiring 
professionals in those fields,'' after ``mathematics professionals,''.

SEC. 244. INSTITUTIONS SERVING PERSONS WITH DISABILITIES.

    For the purposes of the activities and programs supported by the 
Foundation, institutions of higher education chartered to serve large 
numbers of students with disabilities, including Gallaudet University, 
Landmark College, and the National Technical Institute for the Deaf, 
shall have a designation consistent with the designation for other 
institutions that serve populations underrepresented in STEM to ensure 
that institutions of higher education chartered to serve persons with 
disabilities can benefit from STEM bridge programs and from research 
partnerships with major research universities. Nothing in this section 
shall be construed to amend or otherwise affect any of the definitions 
for minority-serving institutions under title III or title V of the 
Higher Education Act of 1965.

SEC. 245. INSTITUTIONAL INTEGRATION.

    (a) Innovation Through Institutional Integration.--The Director 
shall award grants for the institutional integration of projects funded 
by the Foundation with a focus on education, or on broadening 
participation in STEM by underrepresented groups, for the purpose of 
increasing collaboration and coordination across funded projects and 
institutions and expanding the impact of such projects within and among 
institutions of higher education in an innovative and sustainable 
manner.
    (b) Program Activities.--The program under this section shall 
support integrative activities that involve the strategic and 
innovative combination of Foundation-funded projects and that provide 
for--
            (1) additional opportunities to increase the recruitment, 
        retention, and degree attainment of underrepresented groups in 
        STEM disciplines;
            (2) the inclusion of programming, practices, and policies 
        that encourage the integration of education and research;
            (3) seamless transitions from one educational level to 
        another, including from a 2-year to a 4-year institution; and
            (4) other activities that expand and deepen the impact of 
        Foundation-funded projects with a focus on education, or on 
        broadening participation in STEM by underrepresented groups, 
        and enhance their sustainability.
    (c) Review Criteria.--In selecting recipients of grants under this 
section, the Director shall consider at a minimum--
            (1) the extent to which the proposed project addresses the 
        goals of project and program integration and adds value to the 
        existing funded projects;
            (2) the extent to which there is a proven record of success 
        for the existing projects on which the proposed integration 
        project is based; and
            (3) the extent to which the proposed project addresses the 
        modification of programming, practices, and policies necessary 
        to achieve the purpose described in subsection (a).
    (d) Priority.--In selecting recipients of grants under this 
section, the Director shall give priority to proposals for which a 
senior institutional administrator, including a dean or other 
administrator of equal or higher rank, serves as the principal 
investigator.

SEC. 246. POSTDOCTORAL RESEARCH FELLOWSHIPS.

    (a) In General.--The Director shall establish a Foundation-wide 
postdoctoral research fellowship program, to award competitive, merit-
based postdoctoral research fellowships in any field of research 
supported by the Foundation.
    (b) Duration and Amount.--Fellowships may be awarded under this 
section for a period of up to 3 years in duration. The Director shall 
determine the amount of the award for a fellowship, which shall include 
a stipend and a research allowance, and may include an educational 
allowance.
    (c) Eligibility.--To be eligible to receive a fellowship under this 
section, an individual--
            (1) must be a United States citizen or national, or an 
        alien lawfully admitted to the United States for permanent 
        residence, at the time of application;
            (2) must have received a doctoral degree in any field of 
        research supported by the Foundation within 3 years prior to 
        the fellowship application deadline, or will complete a 
        doctoral degree no more than 1 year after the application 
        deadline; and
            (3) may not have previously received funding as the 
        principal investigator of a research grant from the Foundation, 
        unless such funding was received as a graduate student.
    (d) Priority.--In evaluating applications for fellowships under 
this section, the Director shall give priority to applications that 
include--
            (1) proposals for interdisciplinary research; or
            (2) proposals for high-risk, high-reward research.
    (e) Additional Considerations.--
            (1) In general.--In evaluating applications for fellowships 
        under this section, the Director shall give consideration to 
        the goal of promoting the participation of individuals 
        identified in section 33 or 34 of the Science and Engineering 
        Equal Opportunities Act (42 U.S.C. 1885a or 1885b) and 
        veterans.
            (2) Definition.--For purposes of this subsection, the term 
        ``veteran'' means a person who--
                    (A) served on active duty (other than active duty 
                for training) in the Armed Forces of the United States 
                for a period of more than 180 consecutive days, and who 
                was discharged or released therefrom under conditions 
                other than dishonorable; or
                    (B) served on active duty (other than active duty 
                for training) in the Armed Forces of the United States 
                and was discharged or released from such service for a 
                service-connected disability before serving 180 
                consecutive days.
        For purposes of subparagraph (B), the term ``service-
        connected'' has the meaning given such term under section 101 
        of title 38, United States Code.
    (f) Nonsubstitution.--The fellowship program authorized under this 
section is not intended to replace or reduce support for postdoctoral 
research through existing programs at the Foundation.
    (g) Outreach.--In carrying out the program under this section, the 
Director shall conduct outreach efforts to encourage applications from 
underrepresented groups.

SEC. 247. BROADENING PARTICIPATION TRAINING AND OUTREACH.

    The Director shall provide education and training--
            (1) to Foundation staff and grant proposal review panels on 
        effective mechanisms and tools for broadening participation in 
        STEM by underrepresented groups, including reviewer selection 
        and mitigation of implicit bias in the review process; and
            (2) to Foundation staff on related outreach approaches.

SEC. 248. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM.

    Section 17 of the National Science Foundation Authorization Act of 
2002 (42 U.S.C. 1862n-6) is amended to read as follows:

``SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM.

    ``(a) In General.--The Director shall award grants, on a 
competitive, merit-reviewed basis, to institutions of higher education 
(or to consortia thereof) to reform undergraduate STEM education for 
the purpose of increasing the number and quality of students studying 
toward and completing baccalaureate degrees in STEM and improving the 
STEM learning outcomes for all undergraduate students, including 
through--
            ``(1) development, implementation, and assessment of 
        innovative, research-based approaches to transforming the 
        teaching and learning of disciplinary or interdisciplinary STEM 
        at the undergraduate level; and
            ``(2) expansion of successful STEM reform efforts beyond a 
        single course or group of courses to achieve reform within an 
        entire academic unit, or expansion of successful reform efforts 
        beyond a single academic unit to other STEM academic units 
        within an institution or to comparable academic units at other 
        institutions.
    ``(b) Uses of Funds.--Activities supported by grants under this 
section may include--
            ``(1) creation of multidisciplinary or interdisciplinary 
        courses or programs that formalize collaborations for the 
        purpose of improved student instruction and research in STEM;
            ``(2) expansion of undergraduate STEM research 
        opportunities to include interdisciplinary research 
        opportunities and research opportunities in industry, at 
        Federal labs, and at international research institutions or 
        research sites;
            ``(3) implementation or expansion of bridge programs, 
        including programs that address student transition from 2-year 
        to 4-year institutions, and cohort, tutoring, or mentoring 
        programs proven to enhance student recruitment or persistence 
        to degree completion in STEM, including recruitment or 
        persistence to degree completion of individuals identified in 
        section 33 or 34 of the Science and Engineering Equal 
        Opportunities Act (42 U.S.C. 1885a or 1885b);
            ``(4) improvement of undergraduate STEM education for 
        nonmajors, including education majors;
            ``(5) implementation of evidence-based, technology-driven 
        reform efforts that directly impact undergraduate STEM 
        instruction or research experiences;
            ``(6) development and implementation of faculty and 
        graduate teaching assistant development programs focused on 
        improved instruction, mentoring, assessment of student 
        learning, and support of undergraduate STEM students;
            ``(7) support for graduate students and postdoctoral 
        fellows to participate in instructional or assessment 
        activities at primarily undergraduate institutions;
            ``(8) research on teaching and learning of STEM at the 
        undergraduate level related to the proposed reform effort, 
        including assessment and evaluation of the proposed reform 
        activities, research on scalability and sustainability of 
        approaches to reform, and development and implementation of 
        longitudinal studies of students included in the proposed 
        reform effort; and
            ``(9) support for initiatives that advance the integration 
        of global challenges such as sustainability into disciplinary 
        and interdisciplinary STEM education.
    ``(c) Partnership.--An institution of higher education may partner 
with one or more other nonprofit education or research organizations, 
including scientific and engineering societies, for the purposes of 
carrying out the activities authorized under this section.
    ``(d) Selection Process.--
            ``(1) Applications.--An institution of higher education 
        seeking a grant under this section shall submit an application 
        to the Director at such time, in such manner, and containing 
        such information as the Director may require. The application 
        shall include, at a minimum--
                    ``(A) a description of the proposed reform effort;
                    ``(B) a description of the research findings that 
                will serve as the basis for the proposed reform effort 
                or, in the case of applications that propose an 
                expansion of a previously implemented reform effort, a 
                description of the previously implemented reform 
                effort, including indicators of success such as data on 
                student recruitment, persistence to degree completion, 
                and academic achievement;
                    ``(C) evidence of institutional support for, and 
                commitment to, the proposed reform effort, including 
                long-term commitment to implement successful strategies 
                from the current reform effort beyond the academic unit 
                or units included in the grant proposal or to 
                disseminate successful strategies to other 
                institutions;
                    ``(D) a description of existing or planned 
                institutional policies and practices regarding faculty 
                hiring, promotion, tenure, and teaching assignment that 
                reward faculty contributions to undergraduate STEM 
                education; and
                    ``(E) a description of the plans for assessment and 
                evaluation of the proposed reform activities, including 
                evidence of participation by individuals with 
                experience in assessment and evaluation of teaching and 
                learning programs.
            ``(2) Review of applications.--In selecting grant 
        recipients under this section, the Director shall consider at a 
        minimum--
                    ``(A) the likelihood of success in undertaking the 
                proposed effort at the institution submitting the 
                application, including the extent to which the faculty, 
                staff, and administrators of the institution are 
                committed to making the proposed institutional reform a 
                priority of the participating academic unit or units;
                    ``(B) the degree to which the proposed reform will 
                contribute to change in institutional culture and 
                policy such that a greater value is placed on faculty 
                engagement in undergraduate education;
                    ``(C) the likelihood that the institution will 
                sustain or expand the reform beyond the period of the 
                grant; and
                    ``(D) the degree to which scholarly assessment and 
                evaluation plans are included in the design of the 
                reform effort, including the degree to which such 
                assessment and evaluation contribute to the systematic 
                accumulation of knowledge on STEM education.
            ``(3) Priority.--For proposals that include an expansion of 
        existing reform efforts beyond a single academic unit, the 
        Director shall give priority to proposals for which a senior 
        institutional administrator, including a dean or other 
        administrator of equal or higher rank, serves as the principal 
        investigator or a coprincipal investigator.
            ``(4) Grant distribution.--The Director shall ensure, to 
        the extent practicable, that grants awarded under this section 
        are made to a variety of types of institutions of higher 
        education.''.

SEC. 249. 21ST CENTURY GRADUATE EDUCATION.

    (a) In General.--The Director shall award grants, on a competitive, 
merit-reviewed basis, to institutions of higher education to implement 
or expand research-based reforms in master's and doctoral level STEM 
education that emphasize preparation for diverse careers utilizing STEM 
degrees, including at diverse types of institutions of higher 
education, in industry, and at government agencies and research 
laboratories.
    (b) Uses of Funds.--Activities supported by grants under this 
section may include--
            (1) creation of multidisciplinary or interdisciplinary 
        courses or programs for the purpose of improved student 
        instruction and research in STEM;
            (2) expansion of graduate STEM research opportunities to 
        include interdisciplinary research opportunities and research 
        opportunities in industry, at Federal laboratories, and at 
        international research institutions or research sites;
            (3) development and implementation of future faculty 
        training programs focused on improved instruction, mentoring, 
        assessment of student learning, and support of undergraduate 
        STEM students;
            (4) support and training for graduate students to 
        participate in instructional activities beyond the traditional 
        teaching assistantship, and especially as part of ongoing 
        educational reform efforts, including at pre-K-12 schools, 
        informal science education institutions, and primarily 
        undergraduate institutions;
            (5) creation, improvement, or expansion of innovative 
        graduate programs such as science master's degree programs;
            (6) development and implementation of seminars, workshops, 
        and other professional development activities that increase the 
        ability of graduate students to engage in innovation, 
        technology transfer, and entrepreneurship;
            (7) development and implementation of seminars, workshops, 
        and other professional development activities that increase the 
        ability of graduate students to effectively communicate their 
        research findings to technical audiences outside of their own 
        discipline and to nontechnical audiences;
            (8) expansion of successful STEM reform efforts beyond a 
        single academic unit to other STEM academic units within an 
        institution or to comparable academic units at other 
        institutions; and
            (9) research on teaching and learning of STEM at the 
        graduate level related to the proposed reform effort, including 
        assessment and evaluation of the proposed reform activities and 
        research on scalability and sustainability of approaches to 
        reform.
    (c) Partnership.--An institution of higher education may partner 
with one or more other nonprofit education or research organizations, 
including scientific and engineering societies, for the purposes of 
carrying out the activities authorized under this section.
    (d) Selection Process.--
            (1) Applications.--An institution of higher education 
        seeking a grant under this section shall submit an application 
        to the Director at such time, in such manner, and containing 
        such information as the Director may require. The application 
        shall include, at a minimum--
                    (A) a description of the proposed reform effort;
                    (B) in the case of applications that propose an 
                expansion of a previously implemented reform effort at 
                the applicant's institution or at other institutions, a 
                description of the previously implemented reform 
                effort;
                    (C) evidence of institutional support for, and 
                commitment to, the proposed reform effort, including 
                long-term commitment to implement successful strategies 
                from the current reform effort beyond the academic unit 
                or units included in the grant proposal or to 
                disseminate successful strategies to other 
                institutions; and
                    (D) a description of the plans for assessment and 
                evaluation of the grant proposed reform activities.
            (2) Review of applications.--In selecting grant recipients 
        under this section, the Director shall consider at a minimum--
                    (A) the likelihood of success in undertaking the 
                proposed effort at the institution submitting the 
                application, including the extent to which the faculty, 
                staff, and administrators of the institution are 
                committed to making the proposed institutional reform a 
                priority of the participating academic unit or units;
                    (B) the degree to which the proposed reform will 
                contribute to change in institutional culture and 
                policy such that a greater value is placed on preparing 
                graduate students for diverse careers utilizing STEM 
                degrees;
                    (C) the likelihood that the institution will 
                sustain or expand the reform beyond the period of the 
                grant; and
                    (D) the degree to which scholarly assessment and 
                evaluation plans are included in the design of the 
                reform effort.
    (e) Repeal.--Section 7034 of the America COMPETES Act (42 U.S.C. 
1862o-13) is repealed.

SEC. 250. UNDERGRADUATE BROADENING PARTICIPATION PROGRAM.

    (a) Undergraduate Broadening Participation Program.--The Foundation 
shall continue to support the Historically Black Colleges and 
Universities Undergraduate Program, the Louis Stokes Alliances for 
Minority Participation program, and the Tribal Colleges and 
Universities Program as separate programs at least through September 
30, 2011.
    (b) Plan.--Prior to any realignment or consolidation of the 
programs described in subsection (a), in addition to the Hispanic-
Serving Institutions Undergraduate Program required by section 7033 of 
the America COMPETES Act (42 U.S.C. 1862o-12), the Director shall 
develop a plan clarifying the objectives and rationale for such 
changes. The plan shall include a description of how such changes would 
result in--
            (1) meeting or strengthening the common goal of the 
        separate programs to increase the number of individuals from 
        underrepresented groups attaining undergraduate STEM degrees; 
        and
            (2) addressing the unique needs of the different types of 
        minority serving institutions and underrepresented groups 
        currently provided for by the separate programs.
    (c) Recommendations.--In the development of the plan required under 
subsection (b), the Director shall at a minimum--
            (1) consider the recommendations and findings of the 
        National Academy of Sciences report required by section 7032 of 
        the America COMPETES Act (Public Law 110-69); and
            (2) solicit recommendations and feedback from a wide range 
        of stakeholders, including representatives from minority 
        serving institutions, other institutions of higher education, 
        and other entities with expertise on effective mechanisms to 
        increase the recruitment and retention of members of 
        underrepresented groups in STEM fields, and the attainment of 
        STEM degrees by underrepresented groups.
    (d) Approval by Congress.--The plan developed under this section 
shall be transmitted to Congress at least 3 months prior to the 
implementation of any realignment or consolidation of the programs 
described in subsection (a).

SEC. 251. GRAND CHALLENGES IN EDUCATION RESEARCH.

    (a) In General.--The Director and the Secretary of Education shall 
collaborate, in consultation with the Director of the National 
Institutes of Health, in--
            (1) identifying, prioritizing, and developing strategies to 
        address grand challenges in research and development on the 
        teaching and learning of STEM at the pre-K-12 level, in formal 
        and informal settings, for diverse learning populations, 
        including individuals identified in section 33 or 34 of the 
        Science and Engineering Equal Opportunities Act (42 U.S.C. 
        1885a or 1885b), and students in rural schools;
            (2) carrying out research and development to address the 
        grand challenges identified in paragraph (1); and
            (3) ensuring the dissemination of the results of such 
        research and development.
    (b) Stakeholder Input.--In identifying the grand challenges 
required in subsection (a), the Director and the Secretary shall--
            (1) take into consideration critical research gaps 
        identified in existing reports, including reports by the 
        National Academies, on the teaching and learning of STEM at the 
        pre-K-12 level in formal and informal settings; and
            (2) solicit input from a wide range of stakeholders, 
        including local and State education officials, STEM teachers, 
        STEM education researchers, scientific and engineering 
        societies, STEM faculty at institutions of higher education, 
        informal STEM education providers, businesses with a large STEM 
        workforce, and other stakeholders in the teaching and learning 
        of STEM at the pre-K-12 level, and may enter into an 
        arrangement with the National Research Council for these 
        purposes.
    (c) Topics To Consider.--In identifying the grand challenges 
required in subsection (a), the Director and the Secretary, in order to 
provide students with increased access to rigorous courses of study in 
STEM, increase the number of students who are prepared for advanced 
study and careers in STEM, and increase the effective teaching of STEM 
subjects, shall at a minimum consider the following topics:
            (1) Research on scalability, sustainability, and 
        replication of successful STEM activities, programs, and 
        models, in formal and informal environments.
            (2) Research that utilizes a systems approach to 
        identifying challenges and opportunities to improve the 
        teaching and learning of STEM, including development and 
        evaluation of model systems that support improved teaching and 
        learning of STEM across entire school districts and States, and 
        encompassing and integrating the teaching and learning of STEM 
        in formal and informal venues, and in K-12 schools and 
        institutions of higher education.
            (3) Research to understand what makes a STEM teacher 
        effective and pre-service and in-service STEM teacher training 
        and professional development effective, including development 
        of tools and methodologies to measure STEM teacher 
        effectiveness.
            (4) Research and development on cyber-enabled tools and 
        programs and television based tools and programs for learning 
        and teaching STEM, including development of tools and 
        methodologies for assessing cyber and television enabled 
        teaching and learning.
            (5) Research and development on STEM teaching and learning 
        in informal environments, including development of tools and 
        methodologies for assessing STEM teaching and learning in 
        informal environments.
            (6) Research and development on how integrating engineering 
        with mathematics and science education may--
                    (A) improve student learning of mathematics and 
                science;
                    (B) increase student interest and persistence in 
                STEM; or
                    (C) improve student understanding of engineering 
                design principles and of the built world.
            (7) Research to understand what makes hands-on, inquiry-
        based classroom experiences effective, including development of 
        tools and methodologies for assessing such experiences.
    (d) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Director and the Secretary shall report back 
to Congress with a description of--
            (1) the grand challenges identified pursuant to this 
        section;
            (2) the role of each agency in supporting research and 
        development activities to address the grand challenges;
            (3) the common metrics that will be used to assess progress 
        toward meeting the grand challenges;
            (4) plans for periodically updating the grand challenges;
            (5) how the agencies will disseminate the results of 
        research and development activities carried out under this 
        section to STEM education practitioners, to other Federal 
        agencies that support STEM programs and activities, and to non-
        Federal funders of STEM education; and
            (6) how the agencies will support implementation of best 
        practices identified by the research and development 
        activities.

SEC. 252. RESEARCH EXPERIENCES FOR UNDERGRADUATES.

    (a) Research Sites.--The Director shall award grants, on a merit-
reviewed, competitive basis, to institutions of higher education, 
nonprofit organizations, or consortia of such institutions and 
organizations, for sites designated by the Director to provide research 
experiences for 6 or more undergraduate STEM students for sites 
designated at primarily undergraduate institutions of higher education 
and 10 or more undergraduate STEM students for all other sites, with 
consideration given to the goal of promoting the participation of 
individuals identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). The 
Director shall ensure that--
            (1) at least half of the students participating in a 
        program funded by a grant under this subsection at each site 
        shall be recruited from institutions of higher education where 
        research opportunities in STEM are limited, including 2-year 
        institutions;
            (2) the awards provide undergraduate research experiences 
        in a wide range of STEM disciplines;
            (3) the awards support a variety of projects, including 
        independent investigator-led projects, interdisciplinary 
        projects, and multi-institutional projects (including virtual 
        projects);
            (4) students participating in each program funded have 
        mentors, including during the academic year to the extent 
        practicable, to help connect the students' research experiences 
        to the overall academic course of study and to help students 
        achieve success in courses of study leading to a baccalaureate 
        degree in a STEM field;
            (5) mentors and students are supported with appropriate 
        salary or stipends; and
            (6) student participants are tracked, for employment and 
        continued matriculation in STEM fields, through receipt of the 
        undergraduate degree and for at least 3 years thereafter.
    (b) Inclusion of Undergraduates in Standard Research Grants.--The 
Director shall require that every recipient of a research grant from 
the Foundation proposing to include 1 or more students enrolled in 
certificate, associate, or baccalaureate degree programs in carrying 
out the research under the grant shall request support, including 
stipend support, for such undergraduate students as part of the 
research proposal itself rather than as a supplement to the research 
proposal, unless such undergraduate participation was not foreseeable 
at the time of the original proposal.

SEC. 253. LABORATORY SCIENCE PILOT PROGRAM.

    Section 7026 of the America COMPETES Act (Public Law 110-69) is 
amended by striking subsections (d) and (e).

SEC. 254. STEM INDUSTRY INTERNSHIP PROGRAMS.

    (a) In General.--The Director may award grants, on a competitive, 
merit-reviewed basis, to institutions of higher education, or consortia 
thereof, to establish or expand partnerships with local or regional 
private sector entities, for the purpose of providing undergraduate 
students with integrated internship experiences that connect private 
sector internship experiences with the students' STEM coursework. Such 
partnerships may also include industry or professional associations.
    (b) Priority.--In awarding grants under this section, the Director 
shall give priority to institutions of higher education or consortia 
thereof that demonstrate significant outreach to and coordination with 
local or regional private sector entities in developing academic 
courses designed to provide students with the skills necessary for 
employment in local or regional companies.
    (c) Outreach to Rural Communities.--The Foundation shall conduct 
outreach to institutions of higher education and private sector 
entities in rural areas to encourage those entities to participate in 
partnerships under this section.
    (d) Cost-Share.--The Director shall require a 50 percent non-
Federal cost-share from partnerships established or expanded under this 
section.
    (e) Restriction.--No Federal funds provided under this section may 
be used--
            (1) for the purpose of providing stipends or compensation 
        to students for private sector internships; or
            (2) as payment or reimbursement to private sector entities, 
        except for institutions of higher education.
    (f) Report.--Not less than 3 years after the date of enactment of 
this Act, the Director shall submit a report to Congress on the number 
and total value of awards made under this section, the number of 
students affected by those awards, any evidence of the effect of those 
awards on workforce preparation and jobs placement for participating 
students, and an economic and ethnic breakdown of the participating 
students.

SEC. 255. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM.

    (a) In General.--The Director shall continue to support a program 
to award grants on a competitive, merit-reviewed basis to tribal 
colleges and universities (as defined in section 316 of the Higher 
Education Act of 1965 (20 U.S.C. 1059c)), including institutions 
described in section 317 of such Act (20 U.S.C. 1059d), to enhance the 
quality of undergraduate STEM education at such institutions and to 
increase the retention and graduation rates of Native American students 
pursuing associate's or baccalaureate degrees in STEM.
    (b) Program Components.--Grants awarded under this section shall 
support--
            (1) activities to improve courses and curriculum in STEM;
            (2) faculty development;
            (3) stipends for undergraduate students participating in 
        research; and
            (4) other activities consistent with subsection (a), as 
        determined by the Director.
    (c) Instrumentation.--Funding provided under this section may be 
used for instrumentation.

SEC. 256. CYBER-ENABLED LEARNING FOR NATIONAL CHALLENGES.

    The Director shall, in consultation with appropriate Federal 
agencies, identify ways to use cyber-enabled learning to create an 
innovative STEM workforce and to help retrain and retain our existing 
STEM workforce to address national challenges, including national 
security and competitiveness.

SEC. 257. SENSE OF CONGRESS.

    It is the sense of Congress that retaining graduate-level talent 
trained at American universities in Science, Technology, Engineering, 
and Mathematics (STEM) fields is critical to enhancing the 
competitiveness of American businesses.

                       TITLE III--STEM EDUCATION

SEC. 301. COORDINATION OF FEDERAL STEM EDUCATION.

    (a) Short Title.--This section may be cited as the ``STEM Education 
Coordination Act of 2010''.
    (b) Definition.--In this section, the term ``STEM'' means science, 
technology, engineering, and mathematics.
    (c) Establishment.--The Director of the Office of Science and 
Technology Policy shall establish a committee under the National 
Science and Technology Council with the responsibility to coordinate 
Federal programs and activities in support of STEM education, including 
at the National Science Foundation, the Department of Energy, the 
National Aeronautics and Space Administration, the National Oceanic and 
Atmospheric Administration, the Department of Education, and all other 
Federal agencies that have programs and activities in support of STEM 
education.
    (d) Responsibilities of the Committee.--The committee established 
under subsection (c) shall--
            (1) coordinate the STEM education activities and programs 
        of the Federal agencies;
            (2) develop, implement through the participating agencies, 
        and update once every 5 years a 5-year STEM education strategic 
        plan, which shall--
                    (A) specify and prioritize annual and long-term 
                objectives;
                    (B) specify the common metrics that will be used to 
                assess progress toward achieving the objectives;
                    (C) describe the approaches that will be taken by 
                each participating agency to assess the effectiveness 
                of its STEM education programs and activities;
                    (D) with respect to subparagraph (A), describe the 
                role of each agency in supporting programs and 
                activities designed to achieve the objectives;
                    (E) describe the approaches that will be taken by 
                each agency to increase the participation of 
                underrepresented minority groups in STEM studies and 
                careers both for programs specifically designed to 
                broaden participation and for all programs in general, 
                including by providing for programs and activities that 
                increase participation by individuals in these groups 
                at all institutions, and by increasing the engagement 
                of Historically Black Colleges and Universities and 
                minority-serving institutions in the STEM education and 
                outreach activities supported by the agencies; and
                    (F) describe the approaches that will be taken by 
                each participating agency to conduct outreach designed 
                to promote widespread public understanding of career 
                opportunities in the STEM fields specific to the 
                workforce needs of each agency, including outreach to 
                women, Latinos, African-Americans, Native Americans, 
                and other students from groups underrepresented in 
                STEM;
            (3) establish, periodically update, and maintain an 
        inventory of federally sponsored STEM education programs and 
        activities, including documentation of assessments of the 
        effectiveness of such programs and activities and rates of 
        participation by underrepresented minorities in such programs 
        and activities; and
            (4) establish and maintain a publically accessible online 
        database of all federally sponsored STEM education programs and 
        activities at all levels and for all audiences, including 
        students, teachers, and the general public.
    (e) Responsibilities of OSTP.--The Director of the Office of 
Science and Technology Policy shall encourage and monitor the efforts 
of the participating agencies to ensure that the strategic plan under 
subsection (d)(2) is developed and executed effectively and that the 
objectives of the strategic plan are met.
    (f) Report.--The Director of the Office of Science and Technology 
Policy shall transmit a report annually to Congress at the time of the 
President's budget request describing the plan required under 
subsection (d)(2). The annual report shall include--
            (1) a description of the STEM education programs and 
        activities for the previous and current fiscal years, and the 
        proposed programs and activities under the President's budget 
        request, of each participating Federal agency;
            (2) the levels of funding for each participating Federal 
        agency for the programs and activities described under 
        paragraph (1) for the previous fiscal year and under the 
        President's budget request;
            (3) except for the initial annual report, a description of 
        the progress made in carrying out the implementation plan, 
        including a description of the outcome of any program 
        assessments completed in the previous year, and any changes 
        made to that plan since the previous annual report; and
            (4) a description of how the participating Federal agencies 
        will disseminate information about federally supported 
        resources for STEM education practitioners, including teacher 
        professional development programs, to States and to STEM 
        education practitioners, including to teachers and 
        administrators in high-need schools, as defined in section 200 
        of the Higher Education Act of 1965 (20 U.S.C. 1021).

SEC. 302. ADVISORY COMMITTEE ON STEM EDUCATION.

    (a) In General.--The President shall establish or designate an 
advisory committee on science, technology, engineering, and mathematics 
(STEM) education.
    (b) Membership.--The advisory committee established or designated 
by the President under subsection (a) shall be chaired by at least 2 
members of the President's Council of Advisors on Science and 
Technology, with the remaining advisory committee membership consisting 
of non-Federal members who are specially qualified to provide the 
President with advice and information on STEM education. Membership of 
the advisory committee, at a minimum, shall include individuals from 
the following categories of individuals and organizations:
            (1) Elementary school and secondary school administrator 
        associations.
            (2) STEM educator professional associations.
            (3) Organizations that provide informal STEM education 
        activities.
            (4) Institutions of higher education.
            (5) Scientific and engineering professional societies.
            (6) Business and industry associations.
            (7) Foundations that fund STEM education activities.
    (c) Responsibilities.--The responsibilities of the advisory 
committee shall include--
            (1) soliciting input from teachers and administrators in 
        both public and private schools, local educational agencies, 
        States, and other public and private STEM education stakeholder 
        groups for the purpose of informing the Federal agencies that 
        support STEM education programs on the STEM education needs of 
        States and school districts, including the unique needs of 
        schools in rural areas;
            (2) soliciting input from all STEM education stakeholder 
        groups regarding STEM education programs, including STEM 
        education research programs, supported by Federal agencies;
            (3) providing advice to the Federal agencies, including 
        through the interagency committee established under section 
        301, that support STEM education programs on how their programs 
        can be better aligned with the needs of States and school 
        districts as identified in paragraph (1), consistent with the 
        mission of each agency;
            (4) offering guidance to the President on current STEM 
        education activities, research findings, and best practices, 
        with the purpose of increasing connectivity between public and 
        private STEM education efforts;
            (5) providing advice to Federal agencies on how their STEM 
        technical training and education programs can be better aligned 
        with the workforce needs of States and regions; and
            (6) facilitating improved coordination between federally 
        supported STEM education programs and activities and State 
        level activities, including the efforts of P-16 and P-20 
        councils in the States.
    (d) Definitions.--For purposes of this section:
            (1) P-16.--The term ``P-16'' refers to a system of 
        education that encompasses preschool through undergraduate 
        level education.
            (2) P-20.--The term ``P-20'' refers to a system of 
        education that encompasses preschool through graduate level 
        education.

SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF ENERGY.

    (a) Definitions.--Section 5002 of the America COMPETES Act (42 
U.S.C. 16531) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Energy systems science and engineering.--The term 
        `energy systems science and engineering' means--
                    ``(A) nuclear science and engineering, including--
                            ``(i) nuclear engineering;
                            ``(ii) nuclear chemistry;
                            ``(iii) radiochemistry; and
                            ``(iv) health physics;
                    ``(B) hydrocarbon system science and engineering, 
                including--
                            ``(i) petroleum or reservoir engineering;
                            ``(ii) environmental geoscience;
                            ``(iii) petrophysics;
                            ``(iv) geophysics;
                            ``(v) geochemistry;
                            ``(vi) petroleum geology;
                            ``(vii) ocean engineering;
                            ``(viii) environmental engineering; and
                            ``(ix) carbon capture and sequestration 
                        science and engineering;
                    ``(C) energy efficiency and renewable energy 
                technology systems science and engineering, including 
                with respect to--
                            ``(i) solar technology systems;
                            ``(ii) wind technology systems;
                            ``(iii) buildings technology systems;
                            ``(iv) transportation technology systems;
                            ``(v) hydropower systems;
                            ``(vi) marine and hydrokinetic technology 
                        systems;
                            ``(vii) geothermal systems; and
                            ``(viii) biomass technology systems; and
                    ``(D) energy storage and distribution systems 
                science and engineering, including with respect to--
                            ``(i) energy storage; and
                            ``(ii) energy delivery.''.
    (b) Science, Technology, Engineering, and Mathematics Education 
Programs.--Subpart B of the Department of Energy Science Education 
Enhancement Act (42 U.S.C. 7381g et seq.) is amended--
            (1) in section 3170--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Director.--The term `Director' means the Director of 
        STEM Education appointed or designated under section 
        3171(c)(1).'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Energy systems science and engineering.--The term 
        `energy systems science and engineering' means--
                    ``(A) nuclear science and engineering, including--
                            ``(i) nuclear engineering;
                            ``(ii) nuclear chemistry;
                            ``(iii) radiochemistry; and
                            ``(iv) health physics;
                    ``(B) hydrocarbon system science and engineering, 
                including--
                            ``(i) petroleum or reservoir engineering;
                            ``(ii) environmental geoscience;
                            ``(iii) petrophysics;
                            ``(iv) geophysics;
                            ``(v) geochemistry;
                            ``(vi) petroleum geology;
                            ``(vii) ocean engineering;
                            ``(viii) environmental engineering; and
                            ``(ix) carbon capture and sequestration 
                        science and engineering;
                    ``(C) energy efficiency and renewable energy 
                technology systems science and engineering, including 
                with respect to--
                            ``(i) solar technology systems;
                            ``(ii) wind technology systems;
                            ``(iii) buildings technology systems;
                            ``(iv) transportation technology systems;
                            ``(v) hydropower systems;
                            ``(vi) marine and hydrokinetic technology 
                        systems;
                            ``(vii) geothermal systems; and
                            ``(viii) biomass technology systems; and
                    ``(D) energy storage and distribution systems 
                science and engineering, including with respect to--
                            ``(i) energy storage; and
                            ``(ii) energy delivery.''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(4) STEM.--The term `STEM' means science, technology, 
        engineering, and mathematics.'';
            (2) by striking chapters 1, 2, 3, 4, and 6;
            (3) by inserting after section 3170 the following new 
        chapter:

                      ``CHAPTER 1--STEM EDUCATION

``SEC. 3171. STEM EDUCATION.

    ``(a) In General.--The Secretary of Energy shall develop, conduct, 
support, promote, and coordinate formal and informal educational 
activities that leverage the Department's unique content expertise and 
facilities to contribute to improving STEM education at all levels in 
the United States, and to enhance awareness and understanding of STEM, 
including energy sciences, in order to create a diverse skilled 
scientific and technical workforce essential to meeting the challenges 
facing the Department and the Nation in the 21st century.
    ``(b) Programs.--The Secretary shall carry out evidence-based 
programs designed to increase student interest and participation, 
including by women and underrepresented minority students, improve 
public literacy and support, and improve the teaching and learning of 
energy systems science and engineering and other STEM disciplines 
supported by the Department. Programs authorized under this subsection 
may include--
            ``(1) informal educational programming designed to excite 
        and inspire students and the general public about energy 
        systems science and engineering and other STEM disciplines 
        supported by the Department, while strengthening their content 
        knowledge in these fields;
            ``(2) teacher training and professional development 
        opportunities for pre-service and in-service elementary and 
        secondary teachers designed to increase the content knowledge 
        of teachers in energy systems science and engineering and other 
        STEM disciplines supported by the Department, including through 
        hands-on research experiences;
            ``(3) research opportunities for secondary school students, 
        including internships at the National Laboratories, that 
        provide secondary school students with hands-on research 
        experiences as well as exposure to working scientists;
            ``(4) research opportunities at the National Laboratories 
        for undergraduate and graduate students pursuing degrees in 
        energy systems science and engineering and other STEM 
        disciplines supported by the Department;
            ``(5) competitive scholarships, fellowships, and 
        traineeships for undergraduate and graduate students in energy 
        systems science and engineering and other STEM disciplines 
        supported by the Department;
            ``(6) competitive grants for institutions of higher 
        education (as defined under section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a))), including 2-year 
        institutions of higher education, to establish or expand degree 
        programs or courses in energy systems science and engineering; 
        and
            ``(7) professional training for energy auditors, field 
        technicians, and building contractors, in the areas of building 
        energy retrofits and audits or related renewable energy 
        technology installations.
    ``(c) Organization of STEM Education Programs.--
            ``(1) Director of stem education.--The Secretary shall 
        appoint or designate a Director of STEM Education, who shall 
        have the principal responsibility to oversee and coordinate all 
        programs and activities of the Department in support of STEM 
        education, including energy systems science and engineering 
        education, across all functions of the Department.
            ``(2) Qualifications.--The Director shall be an individual, 
        who by reason of professional background and experience, is 
        specially qualified to advise the Secretary on all matters 
        pertaining to STEM education, including energy systems science 
        and engineering education, at the Department.
            ``(3) Duties.--The Director shall--
                    ``(A) oversee and coordinate all programs in 
                support of STEM education, including energy systems 
                science and engineering education, across all functions 
                of the Department;
                    ``(B) represent the Department as the principal 
                interagency liaison for all STEM education programs, 
                unless otherwise represented by the Secretary, the 
                Under Secretary for Science, or the Under Secretary for 
                Energy;
                    ``(C) prepare the annual budget and advise the 
                Under Secretary for Science and the Under Secretary for 
                Energy on all budgetary issues for STEM education, 
                including energy systems science and engineering 
                education, relative to the programs of the Department;
                    ``(D) establish, periodically update, and maintain 
                a publicly accessible online inventory of STEM 
                education programs and activities, including energy 
                systems science and engineering education programs and 
                activities;
                    ``(E) develop, implement, and update the Department 
                of Energy STEM education strategic plan, as required by 
                subsection (d);
                    ``(F) increase, to the maximum extent practicable, 
                the participation and advancement of women and 
                underrepresented minorities at every level of STEM 
                education, including energy systems science and 
                engineering education; and
                    ``(G) perform such other matters relating to STEM 
                education as are required by the Secretary, the Under 
                Secretary for Science, or the Under Secretary for 
                Energy.
    ``(d) Department of Energy Stem Education Strategic Plan.--The 
Director of STEM education appointed or designated under subsection 
(c)(1) shall develop, implement, and update once every 3 years a 3-year 
STEM education strategic plan for the Department, which shall--
            ``(1) identify and prioritize annual and long-term STEM 
        education goals and objectives for the Department that are 
        aligned with the overall goals of the National Science and 
        Technology Council Committee on STEM Education Strategic plan 
        required under section 301(d)(2) of the STEM Education 
        Coordination Act of 2010;
            ``(2) describe the role of each program or activity of the 
        Department in contributing to the goals and objectives 
        identified under paragraph (1);
            ``(3) specify the metrics that will be used to assess 
        progress toward achieving those goals and objectives; and
            ``(4) describe the approaches that will be taken to assess 
        the effectiveness of each STEM education program and activity 
        supported by the Department.
    ``(e) Outreach to Students From Underrepresented Groups.--In 
carrying out a program authorized under this section, the Secretary 
shall give consideration to the goal of promoting the participation of 
individuals identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).
    ``(f) Consultation and Partnership With Other Agencies.--In 
carrying out the programs and activities authorized under this section, 
the Secretary shall--
            ``(1) consult with the Secretary of Education and the 
        Director of the National Science Foundation regarding 
        activities designed to improve elementary and secondary STEM 
        education; and
            ``(2) consult and partner with the Director of the National 
        Science Foundation in carrying out programs under this section 
        designed to build capacity in STEM education at the 
        undergraduate and graduate level, including by supporting 
        excellent proposals in energy systems science and engineering 
        that are submitted for funding to the Foundation's Advanced 
        Technological Education Program.''; and
            (4) in section 3191--
                    (A) in subsection (a)--
                            (i) by striking ``web-based'' and inserting 
                        ``, through a publicly available website,''; 
                        and
                            (ii) by inserting ``and project-based 
                        learning opportunities'' after ``laboratory 
                        experiments'';
                    (B) in subsection (b)(1), by inserting ``, 
                including energy systems science and engineering'' 
                after ``the science of energy''; and
                    (C) by striking subsection (d).
    (c) Energy Applied Science Talent Expansion Program for 
Institutions of Higher Education.--
            (1) Amendment.--Strike sections 5004 and 5005 of the 
        America COMPETES Act (42 U.S.C. 16532 and 16533) and insert the 
        following new section:

``SEC. 5004. ENERGY APPLIED SCIENCE TALENT EXPANSION PROGRAM FOR 
              INSTITUTIONS OF HIGHER EDUCATION.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to address the decline in the number of and resources 
        available to energy systems science and engineering programs at 
        institutions of higher education, including community colleges; 
        and
            ``(2) to increase the number of graduates with degrees in 
        energy systems science and engineering, an area of strategic 
        importance to the economic competitiveness and energy security 
        of the United States.
    ``(b) Establishment.--The Secretary shall award grants, on a 
competitive, merit-reviewed basis, to institutions of higher education 
to implement or expand the energy systems science and engineering 
educational and technical training capabilities of the institution, and 
to provide merit-based financial support for master's and doctoral 
level students pursuing courses of study and research in energy systems 
sciences and engineering.
    ``(c) Use of Funds.--An institution of higher education that 
receives a grant under this section may use the grant to--
            ``(1) provide traineeships, including stipends and cost of 
        education allowances, to master's and doctoral students;
            ``(2) develop or expand multidisciplinary or 
        interdisciplinary courses or programs;
            ``(3) recruit and retain new faculty;
            ``(4) develop or improve core and specialized course 
        content;
            ``(5) encourage interdisciplinary and multidisciplinary 
        research collaborations;
            ``(6) support outreach efforts to recruit students, 
        including individuals identified in section 33 or 34 of the 
        Science and Engineering Equal Opportunities Act (42 U.S.C. 
        1885a or 1885b); and
            ``(7) pursue opportunities for collaboration with industry 
        and National Laboratories.
    ``(d) Criteria.--Criteria for awarding a grant under this section 
shall be based on--
            ``(1) the potential to attract new students to the program;
            ``(2) academic rigor; and
            ``(3) the ability to offer hands-on education and training 
        opportunities for graduate students in the emerging areas of 
        energy systems science and engineering.
    ``(e) Priority.--The Secretary shall give priority to proposals 
that involve active partnerships with a National Laboratory or other 
energy systems science and engineering related entity, as determined by 
the Secretary.
    ``(f) Duration and Amount.--
            ``(1) Duration.--A grant under this section may be for up 
        to 3 years in duration.
            ``(2) Amount.--An institution of higher education that 
        receives a grant under this section shall be eligible for up to 
        $1,000,000 for each year of the grant period.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            ``(1) $30,000,000 for fiscal year 2011;
            ``(2) $32,000,000 for fiscal year 2012; and
            ``(3) $36,000,000 for fiscal year 2013.''.
            (2) Conforming amendment.--The table of contents for the 
        America COMPETES Act is amended by striking the items relating 
        to sections 5004 and 5005 and inserting the following:

``Sec. 5004. Energy applied science talent expansion program for 
                            institutions of higher education.''.
    (d) Department of Energy Early Career Awards for Science, 
Engineering, and Mathematics Researchers.--Section 5006 of the America 
COMPETES Act (42 U.S.C. 16534) is amended--
            (1) in subsection (a), by striking ``Director of the 
        Office'' and all that follows through ``shall carry'' and 
        inserting ``Secretary shall carry'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A), by inserting ``per year'' 
                after ``$80,000''; and
                    (B) in subparagraph (B), by striking ``$125,000'' 
                and inserting ``$175,000 per year'';
            (3) in subsection (c)(1), by striking ``, as determined by 
        the Director'';
            (4) in subsections (c)(2), (e), (f), and (g), by striking 
        ``Director'' each place it appears and inserting ``Secretary'';
            (5) in subsection (d), by striking ``merit-reviewed'' and 
        inserting ``merit-based, peer reviewed''; and
            (6) in subsection (h)--
                    (A) by striking ``, acting through the Director,''; 
                and
                    (B) by striking ``$25,000,000 for each of fiscal 
                years 2008 through 2010'' and inserting ``such sums as 
                are necessary''.
    (e) Protecting America's Competitive Edge (PACE) Graduate 
Fellowship Program.--Section 5009 of the America COMPETES Act (42 
U.S.C. 16536) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``involving 
                written and oral interviews, that will result in a wide 
                distribution of awards throughout the United States,''; 
                and
                    (B) in paragraph (2)(B)(iv), by striking ``verbal 
                and'';
            (2) in subsection (d)(1)(B)(i), by inserting ``partial or 
        full'' before ``graduate tuition''; and
            (3) by striking subsection (f).
    (f) Repeal.--Section 3164 of the Department of Energy Science 
Education Enhancement Act (42 U.S.C. 7381a) is repealed.

SEC. 304. GREEN ENERGY EDUCATION.

    (a) Short Title.--This section may be cited as the ``Green Energy 
Education Act of 2010''.
    (b) Definition.--For the purposes of this section:
            (1) Director.--The term ``Director'' means the Director of 
        the National Science Foundation.
            (2) High performance building.--The term ``high performance 
        building'' has the meaning given that term in section 914(a) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16194(a)).
    (c) Graduate Training in Energy Research and Development.--
            (1) Funding.--In carrying out research, development, 
        demonstration, and commercial application activities authorized 
        for the Department of Energy, the Secretary may contribute 
        funds to the National Science Foundation for the Integrative 
        Graduate Education and Research Traineeship program to support 
        projects that enable graduate education related to such 
        activities.
            (2) Consultation.--The Director shall consult with the 
        Secretary when preparing solicitations and awarding grants for 
        projects described in paragraph (1).
    (d) Curriculum Development for High Performance Building Design.--
            (1) Funding.--In carrying out advanced energy technology 
        research, development, demonstration, and commercial 
        application activities authorized for the Department of Energy 
        related to high performance buildings, the Secretary may 
        contribute funds to curriculum development activities at the 
        National Science Foundation for the purpose of improving 
        undergraduate or graduate interdisciplinary engineering and 
        architecture education related to the design and construction 
        of high performance buildings, including development of 
        curricula, of laboratory activities, of training practicums, or 
        of design projects. A primary goal of curriculum development 
        activities supported under this subsection shall be to improve 
        the ability of engineers, architects, landscape architects, and 
        planners to work together on the incorporation of advanced 
        energy technologies during the design and construction of high 
        performance buildings.
            (2) Consultation.--The Director shall consult with the 
        Secretary when preparing solicitations and awarding grants for 
        projects described in paragraph (1).
            (3) Priority.--In awarding grants with respect to which the 
        Secretary has contributed funds under this subsection, the 
        Director shall give priority to applications from departments, 
        programs, or centers of a school of engineering that are 
        partnered with schools, departments, or programs of design, 
        architecture, landscape architecture, and city, regional, or 
        urban planning.

SEC. 305. NATIONAL ACADEMY OF SCIENCES REPORT ON STRENGTHENING THE 
              CAPACITY OF 2-YEAR INSTITUTIONS OF HIGHER EDUCATION TO 
              PROVIDE STEM OPPORTUNITIES.

    Not later than 6 months after the date of enactment of this Act, 
the Office of Science and Technology Policy shall enter into a contract 
with the National Academy of Sciences to carry out a study evaluating 
the role of 2-year institutions of higher education as STEM educators, 
including in the preparation of students for direct entry into the STEM 
workforce and in preparation of students for transition into 4-year 
STEM degree programs, as well as the role of the Federal Government in 
helping 2-year institutions of higher education build their capacity to 
be effective STEM educators. At a minimum, the report shall include--
            (1) an evaluation of the current capacity of 2-year 
        institutions of higher education to be effective STEM 
        educators, including in the preparation of students for direct 
        entry into the STEM workforce and for transition into 4-year 
        STEM degree programs;
            (2) a description of existing challenges to expanding 
        opportunities for 2-year institutions of higher education to 
        provide and enhance STEM learning and provide STEM degrees that 
        prepare students well for direct entry into the STEM workforce 
        or for transition into 4-year degree programs;
            (3) identification and description of Federal programs that 
        have successfully strengthened the capacity of 2-year 
        institutions of higher education to provide and enhance STEM 
        opportunities;
            (4) a recommendation or recommendations regarding how 
        Federal agencies should set priorities for supporting STEM 
        education at 2-year institutions of higher education;
            (5) a recommendation or recommendations regarding ways 
        Federal agencies can provide increased opportunities for 2-year 
        institutions of higher education to participate across their 
        portfolios of STEM education and research programs, including--
                    (A) ways to engage 2-year institution of higher 
                education faculty and students with research 
                experiences;
                    (B) strategies for improving the curriculum and 
                teaching of developmental mathematics given that many 
                2-year institutions of higher education provide 
                remediation in mathematics and other STEM coursework; 
                and
                    (C) enhancing the basic scientific laboratory 
                infrastructure; and
            (6) a recommendation or recommendations regarding the need 
        for and appropriateness of new Federal programs in support of 
        STEM education at 2-year institutions of higher education.

SEC. 306. SENSE OF CONGRESS ON ENGINEERING EDUCATION.

    It is the Sense of Congress that--
            (1) in order to maintain our Nation's competitiveness, we 
        must improve the quality of STEM education in the Nation;
            (2) the incorporation of engineering education at the 
        elementary and secondary levels has the potential to improve 
        student learning and achievement in science and mathematics, 
        and to increase the technological literacy of all students;
            (3) formal and informal educational providers, including K-
        12 schools, should integrate engineering design principles into 
        their curriculum; and
            (4) exposing elementary and secondary students to 
        engineering education can expand students' understanding of 
        engineering and their awareness of career opportunities in 
        these fields.

SEC. 307. SENSE OF CONGRESS ON GRANT APPLICATION CONSIDERATION.

    For science, technology, engineering, and mathematics (STEM) 
education programs or activities authorized under this Act or 
amendments made by this Act, it is the sense of Congress that when more 
than 1 applicant is competing for the same grant and the applications 
from each applicant are considered equal in merit by the grant-awarding 
authority, the grant-awarding authority shall give additional 
consideration to any of the following:
            (1) An applicant that has not previously received funding.
            (2) An applicant that is an institution of higher education 
        in a rural area.

SEC. 308. ENCOURAGING FEDERAL SCIENTISTS AND ENGINEERS TO PARTICIPATE 
              IN STEM EDUCATION.

    Not later than 6 months after the date of enactment of this Act, 
the Director of the Office of Science and Technology Policy, in 
consultation with the Department of Education, shall develop a policy 
to--
            (1) increase volunteerism in STEM education activities by 
        encouraging scientists and engineers from Federal science 
        agencies conducting nonmilitary scientific research and 
        development, including scientists and engineers of the 
        federally funded research and development centers supported by 
        those agencies, to volunteer in STEM education activities, and 
        by providing administrative support for such scientists and 
        engineers to engage in such volunteerism; and
            (2) support increased communication and partnerships 
        between scientists and engineers from Federal science agencies 
        conducting nonmilitary scientific research and development, 
        including scientists and engineers of the federally funded 
        research and development centers supported by those agencies, 
        and elementary and secondary schools and teachers through 
        volunteerism in STEM education activities.

        TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``National Institute of Standards 
and Technology Authorization Act of 2010''.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2011.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $991,100,000 for the National 
        Institute of Standards and Technology for fiscal year 2011.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $620,000,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $125,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $246,100,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $95,000,000 shall be authorized for the 
                        Technology Innovation Program under section 28 
                        of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $141,100,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l); and
                            (iii) $10,000,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).
    (b) Fiscal Year 2012.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $992,400,000 for the National 
        Institute of Standards and Technology for fiscal year 2012.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $657,200,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $85,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $250,200,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $89,000,000 shall be authorized for the 
                        Technology Innovation Program under section 28 
                        of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $150,900,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l); and
                            (iii) $10,300,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).
    (c) Fiscal Year 2013.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,079,809,000 for the National 
        Institute of Standards and Technology for fiscal year 2013.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $696,700,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $122,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $261,109,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $89,000,000 shall be authorized for the 
                        Technology Innovation Program under section 28 
                        of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $161,500,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l); and
                            (iii) $10,609,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).

SEC. 403. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.

    (a) Establishment.--Section 4 of the National Institute of 
Standards and Technology Act is amended to read as follows:

``SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.

    ``(a) Establishment.--There shall be in the Department of Commerce 
an Under Secretary of Commerce for Standards and Technology (in this 
section referred to as the `Under Secretary').
    ``(b) Appointment.--The Under Secretary shall be appointed by the 
President by and with the advice and consent of the Senate.
    ``(c) Compensation.--The Under Secretary shall be compensated at 
the rate in effect for level III of the Executive Schedule under 
section 5314 of title 5, United States Code.
    ``(d) Duties.--The Under Secretary shall serve as the Director of 
the Institute and shall perform such duties as required of the Director 
by the Secretary under this Act or by law.
    ``(e) Applicability.--The individual serving as the Director of the 
Institute on the date of enactment of the National Institute of 
Standards and Technology Authorization Act of 2010 shall also serve as 
the Under Secretary until such time as a successor is appointed under 
subsection (b).''.
    (b) Conforming Amendments.--
            (1) Title 5, united states code.--
                    (A) Level iii.--Section 5314 of title 5, United 
                States Code, is amended by inserting before the item 
                ``Associate Attorney General'' the following:
            ``Under Secretary of Commerce for Standards and Technology, 
        who also serves as Director of the National Institute of 
        Standards and Technology.''.
                    (B) Level iv.--Section 5315 of title 5, United 
                States Code, is amended by striking ``Director, 
                National Institute of Standards and Technology, 
                Department of Commerce.''.
            (2) National institute of standards and technology act.--
        Section 5 of the National Institute of Standards and Technology 
        Act (15 U.S.C. 274) is amended by striking the first, fifth, 
        and sixth sentences.

SEC. 404. REORGANIZATION OF NIST LABORATORIES.

    (a) Organization.--The Director shall reorganize the scientific and 
technical research and services laboratory program into the following 
operational units:
            (1) The Physical Measurement Laboratory, whose mission is 
        to realize and disseminate the national standards for length, 
        mass, time and frequency, electricity, temperature, force, and 
        radiation by activities including fundamental research in 
        measurement science, the provision of measurement services and 
        standards, and the provision of testing facilities resources 
        for use by the Federal Government.
            (2) The Information Technology Laboratory, whose mission is 
        to develop and disseminate standards, measurements, and testing 
        capabilities for interoperability, security, usability, and 
        reliability of information technologies, including cyber 
        security standards and guidelines for Federal agencies, United 
        States industry, and the public, through fundamental and 
        applied research in computer science, mathematics, and 
        statistics.
            (3) The Engineering Laboratory, whose mission is to develop 
        and disseminate advanced manufacturing and construction 
        technologies to the United States manufacturing and 
        construction industries through activities including 
        measurement science research, performance metrics, tools for 
        engineering applications, and promotion of standards adoption.
            (4) The Material Measurement Laboratory, whose mission is 
        to serve as the national reference laboratory in biological, 
        chemical, and material sciences and engineering through 
        activities including fundamental research in the composition, 
        structure, and properties of biological and environmental 
        materials and processes, the development of certified reference 
        materials and critically evaluated data, and other programs to 
        assure measurement quality in materials and biotechnology 
        fields.
            (5) The Center for Nanoscale Science and Technology, a 
        national shared-use facility for nanoscale fabrication and 
        measurement, whose mission is to develop innovative nanoscale 
        measurement and fabrication capabilities to support researchers 
        from industry, institutions of higher education, the National 
        Institute of Standards and Technology, and other Federal 
        agencies in nanoscale technology from discovery to production.
            (6) The NIST Center for Neutron Research, a national user 
        facility, whose mission is to provide neutron-based measurement 
        capabilities to researchers from industry, institutions of 
        higher education, the National Institute of Standards and 
        Technology, and other Federal agencies in support of materials 
        research, nondestructive evaluation, neutron imaging, chemical 
        analysis, neutron standards, dosimetry, and radiation 
        metrology.
    (b) Additional Duties.--The Director may assign additional duties 
to the operational units listed in subsection (a) that are consistent 
with the missions of such units.
    (c) Revision.--
            (1) In general.--Subsequent to the reorganization required 
        under subsection (a), the Director may revise the organization 
        of the scientific and technical research and services 
        laboratory program.
            (2) Report to congress.--Any revision to the organization 
        of such program under paragraph (1) shall be submitted in a 
        report to the Committee on Science and Technology of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate at least 60 days before the 
        effective date of such revision.

SEC. 405. FEDERAL GOVERNMENT STANDARDS AND CONFORMITY ASSESSMENT 
              COORDINATION.

    (a) Coordination.--Section 2(b) of the National Institute of 
Standards and Technology Act (15 U.S.C. 272(b)) is amended--
            (1) in paragraph (12), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (13), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding after paragraph (13) the following:
            ``(14) to promote collaboration among Federal departments 
        and agencies and private sector stakeholders in the development 
        and implementation of standards and conformity assessment 
        frameworks to address specific Federal Government policy goals; 
        and
            ``(15) to convene Federal departments and agencies, as 
        appropriate, to--
                    ``(A) coordinate and determine Federal Government 
                positions on specific policy issues related to the 
                development of international technical standards and 
                conformity assessment-related activities; and
                    ``(B) coordinate Federal department and agency 
                engagement in the development of international 
                technical standards and conformity assessment-related 
                activities.''.
    (b) Report.--The Director, in consultation with appropriate Federal 
agencies, shall submit a report annually to Congress addressing the 
Federal Government's technical standards and conformity assessment-
related activities. The report shall identify--
            (1) current and anticipated international standards and 
        conformity assessment-related issues that have the potential to 
        impact the competitiveness and innovation capabilities of the 
        United States;
            (2) any action being taken by the Federal Government to 
        address these issues and the Federal agency taking that action; 
        and
            (3) any action that the Director is taking or will take to 
        ensure effective Federal Government engagement on technical 
        standards and conformity assessment-related issues, as 
        appropriate, where the Federal Government is not effectively 
        engaged.

SEC. 406. MANUFACTURING EXTENSION PARTNERSHIP.

    (a) Community College Support.--Section 25(a) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is 
amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding after paragraph (5) the following:
            ``(6) providing to community colleges information about the 
        job skills needed in small- and medium-sized manufacturing 
        businesses in the regions they serve.''.
    (b) Innovative Services Initiative.--Section 25 of such Act (15 
U.S.C. 278k) is amended by adding at the end the following:
    ``(g) Innovative Services Initiative.--
            ``(1) Establishment.--The Director may establish, within 
        the Centers program under this section, an innovative services 
        initiative to assist small- and medium-sized manufacturers in--
                    ``(A) reducing their energy usage and environmental 
                waste to improve profitability; and
                    ``(B) accelerating the domestic commercialization 
                of new product technologies, including components for 
                renewable energy systems.
            ``(2) Market demand.--The Director may not undertake any 
        activity to accelerate the domestic commercialization of a new 
        product technology under this subsection unless an analysis of 
        market demand for the new product technology has been 
        conducted.''.
    (c) Reports.--Section 25 of such Act (15 U.S.C. 278k) is further 
amended by adding after subsection (g), as added by subsection (b), the 
following:
    ``(h) Reports.--
            ``(1) In general.--In submitting the 3-year programmatic 
        planning document and annual updates under section 23, the 
        Director shall include an assessment of the Director's 
        governance of the program established under this section.
            ``(2) Criteria.--In conducting such assessment, the 
        Director shall use the criteria established pursuant to the 
        Malcolm Baldrige National Quality Award under section 
        17(d)(1)(C) of the Stevenson-Wydler Technology Innovation Act 
        of 1980 (15 U.S.C. 3711a(d)(1)(C)).''.
    (d) Hollings Manufacturing Extension Partnership Program Cost-
Sharing.--Section 25(c) of such Act (15 U.S.C. 278k(c)) is amended by 
adding at the end the following:
            ``(7) Notwithstanding paragraphs (1), (3), and (5), for 
        fiscal year 2011 through fiscal year 2013, the Secretary may 
        not provide to a Center more than 50 percent of the costs 
        incurred by such Center and may not require that a Center's 
        cost share exceed 50 percent.
            ``(8) Not later than 2 years after the date of enactment of 
        the National Institute of Standards and Technology 
        Authorization Act of 2010, the Secretary shall submit to 
        Congress a report on the cost share requirements under the 
        program. The report shall--
                    ``(A) discuss various cost share structures, 
                including the cost share structure in place prior to 
                such date of enactment and the cost share structure in 
                place under paragraph (7), and the effect of such cost 
                share structures on individual Centers and the overall 
                program; and
                    ``(B) include a recommendation for how best to 
                structure the cost share requirement after fiscal year 
                2013 to provide for the long-term sustainability of the 
                program.''.
    (e) Advisory Board.--Section 25(e)(4) of such Act (15 U.S.C. 
278k(e)(4)) is amended to read as follows:
            ``(4) Federal advisory committee act applicability.--
                    ``(A) In general.--In discharging its duties under 
                this subsection, the MEP Advisory Board shall function 
                solely in an advisory capacity, in accordance with the 
                Federal Advisory Committee Act.
                    ``(B) Exception.--Section 14 of the Federal 
                Advisory Committee Act shall not apply to the MEP 
                Advisory Board.''.
    (f) Definitions.--Section 25 of such Act (15 U.S.C. 278k) is 
further amended by adding after subsection (h), as added by subsection 
(c), the following:
    ``(i) Definition.--In this section, the term `community college' 
means an institution of higher education (as defined under section 
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) at 
which the highest degree that is predominately awarded to students is 
an associate's degree.''.
    (g) Evaluation of Obstacles Unique to Small Manufacturers.--Section 
25 of such Act (15 U.S.C. 278k) is further amended by adding after 
subsection (i), as added by subsection (f), the following:
    ``(j) Evaluation of Obstacles Unique to Small Manufacturers.--The 
Director shall--
            ``(1) evaluate obstacles that are unique to small 
        manufacturers that prevent such manufacturers from effectively 
        competing in the global market;
            ``(2) implement a comprehensive plan to train the Centers 
        to address such obstacles; and
            ``(3) facilitate improved communication between the Centers 
        to assist such manufacturers in implementing appropriate, 
        targeted solutions to such obstacles.''.

SEC. 407. EMERGENCY COMMUNICATION AND TRACKING TECHNOLOGIES RESEARCH 
              INITIATIVE.

    (a) Establishment.--The Director shall establish a research 
initiative to support the development of emergency communication and 
tracking technologies for use in locating trapped individuals in 
confined spaces, such as underground mines, and other shielded 
environments, such as high-rise buildings or collapsed structures, 
where conventional radio communication is limited.
    (b) Activities.--In order to carry out this section, the Director 
shall work with the private sector and appropriate Federal agencies 
to--
            (1) perform a needs assessment to identify and evaluate the 
        measurement, technical standards, and conformity assessment 
        needs required to improve the operation and reliability of such 
        emergency communication and tracking technologies;
            (2) support the development of technical standards and 
        conformance architecture to improve the operation and 
        reliability of such emergency communication and tracking 
        technologies; and
            (3) incorporate and build upon existing reports and studies 
        on improving emergency communications.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Director shall submit to Congress and make publicly 
available a report describing the assessment performed under subsection 
(b)(1) and making recommendations about research priorities to address 
gaps in the measurement, technical standards, and conformity assessment 
needs identified by such assessment.

SEC. 408. TIP ADVISORY BOARD.

    Section 28(k)(4) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n(k)(4)) is amended to read as follows:
            ``(4) Federal advisory committee act applicability.--
                    ``(A) In general.--In discharging its duties under 
                this subsection, the TIP Advisory Board shall function 
                solely in an advisory capacity, in accordance with the 
                Federal Advisory Committee Act.
                    ``(B) Exception.--Section 14 of the Federal 
                Advisory Committee Act shall not apply to the TIP 
                Advisory Board.''.

SEC. 409. UNDERREPRESENTED MINORITIES.

    (a) Research Fellowships.--Section 18 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278g-1) is amended by adding at 
the end the following:
    ``(c) Underrepresented Minorities.--In evaluating applications for 
fellowships under this section, the Director shall give consideration 
to the goal of promoting the participation of underrepresented 
minorities in research areas supported by the Institute.''.
    (b) Postdoctoral Fellowship Program.--Section 19 of such Act (15 
U.S.C. 278g-2) is amended by adding at the end the following: ``In 
evaluating applications for fellowships under this section, the 
Director shall give consideration to the goal of promoting the 
participation of underrepresented minorities in research areas 
supported by the Institute.''.
    (c) Teacher Development.--Section 19A(c) of such Act (15 U.S.C. 
278g-2a(c)) is amended by adding at the end the following: ``The 
Director shall give special consideration to an application from a 
teacher from a high-need school, as defined in section 200 of the 
Higher Education Act of 1965 (20 U.S.C. 1021).''.

SEC. 410. CYBER SECURITY STANDARDS AND GUIDELINES.

    Cyber security standards and guidelines developed by the National 
Institute of Standards and Technology for use by United States industry 
and the public shall be voluntary.

SEC. 411. DISASTER RESILIENT BUILDINGS AND INFRASTRUCTURE.

    (a) Establishment.--The Director shall carry out a disaster 
resilient buildings and infrastructure program.
    (b) Real-Scale Structures.--As part of the program, the Director 
shall--
            (1) develop the capability to test real-scale structures 
        under realistic fire and structural loading conditions; and
            (2) assist in the validation of predictive models by 
        developing a database on the performance of large-scale 
        structures under realistic fire and structural loading 
        conditions.
    (c) Database.--As part of the program, the Director shall develop a 
database on the performance of the built environment during natural and 
man-made hazard events.

SEC. 412. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (2) Federal agency.--The term ``Federal agency'' has the 
        meaning given such term in section 4 of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3703).

SEC. 413. REPORT ON THE USE OF MODELING AND SIMULATION.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Director shall submit a report to Congress examining the use 
of high-performance computational modeling and simulation by small- and 
medium-sized manufacturers.
    (b) Specific Requirements.--Such report shall include the 
following:
            (1) An assessment of the current utilization of high-
        performance computational modeling and simulation by small- and 
        medium-sized manufacturers.
            (2) An examination of any barriers or challenges to the use 
        of high-performance computational modeling and simulation by 
        small- and medium-sized manufacturers, including--
                    (A) access to high-performance computing facilities 
                and resources;
                    (B) the availability of software and other 
                applications tailored to meet the needs of such 
                manufacturers;
                    (C) appropriate expertise and training; and
                    (D) the availability of tools and other methods to 
                understand and manage the costs and risks associated 
                with transitioning to the use of computational modeling 
                and simulation.
            (3) Recommendations for addressing any barriers or 
        challenges identified in paragraph (2) and, if appropriate, 
        suggestions for action that the Federal Government may take to 
        foster the development and utilization of high-performance 
        computing resources by small- and medium-sized manufacturers.
    (c) Consultation.--In carrying out this section, the Director shall 
consult with the Office of Science and Technology Policy and with other 
relevant Federal agencies.

SEC. 414. GREEN MANUFACTURING AND CONSTRUCTION.

    The Director shall carry out a green manufacturing and construction 
initiative to--
            (1) develop accurate sustainability metrics and practices 
        for use in manufacturing;
            (2) advance the development of standards and the creation 
        of an information infrastructure to communicate sustainability 
        information about suppliers; and
            (3) improve energy performance, service life, and indoor 
        air quality of new and retrofitted buildings through validated 
        measurement data.

SEC. 415. NANOMATERIAL INITIATIVE.

    The Director shall carry out a nanomaterial research initiative 
to--
            (1) develop reference materials for nanomaterials and 
        derived products to be used in benchmarking toxicity, 
        calibrating instruments, and facilitating laboratory 
        comparisons;
            (2) assist in the development of international documentary 
        standards relating to nanomaterials;
            (3) develop instruments and measurement methods to 
        determine the physical and chemical properties of 
        nanomaterials; and
            (4) gather and develop data to support the correlation of 
        physical and chemical properties of nanomaterials to any 
        environmental, safety, or other risks.

SEC. 416. MANUFACTURING RESEARCH.

    (a) In General.--The Director shall carry out a program to support 
transformational manufacturing research.
    (b) Activities.--As part of such program, the Director shall--
            (1) develop and disseminate measurement tools and 
        capabilities for new additive manufacturing and robotics 
        technologies and methods;
            (2) establish new techniques and methods to efficiently 
        generate and assemble products integrating nanoscale materials 
        and devices; and
            (3) carry out other research with significant 
        transformational potential for manufacturing.

                          TITLE V--INNOVATION

SEC. 501. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.) is amended by adding at the end the following new 
section:

``SEC. 24. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

    ``(a) In General.--The Secretary shall establish an Office of 
Innovation and Entrepreneurship to foster innovation and the 
commercialization of new technologies, products, processes, and 
services with the goal of promoting productivity and economic growth in 
the United States.
    ``(b) Duties.--The Office of Innovation and Entrepreneurship shall 
be responsible for--
            ``(1) developing policies to accelerate innovation and 
        advance the commercialization of research and development, 
        including federally funded research and development;
            ``(2) identifying existing barriers to innovation and 
        commercialization, including access to capital and other 
        resources, and ways to overcome those barriers;
            ``(3) providing access to relevant data, research, and 
        technical assistance on innovation and commercialization;
            ``(4) strengthening collaboration on and coordination of 
        policies relating to innovation and commercialization, 
        including those focused on the needs of small businesses and 
        rural communities, within the Department of Commerce and 
        between the Department of Commerce and other Federal agencies, 
        as appropriate; and
            ``(5) any other duties as determined by the Secretary.
    ``(c) Advisory Committee.--The Secretary shall establish an 
Advisory Council on Innovation and Entrepreneurship to provide advice 
to the Secretary on carrying out subsection (b).''.

SEC. 502. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN 
              MANUFACTURING.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.) is further amended by adding after section 24, as added 
by section 501 of this title, the following new section:

``SEC. 25. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN 
              MANUFACTURING.

    ``(a) Establishment.--The Secretary shall establish a program to 
provide loan guarantees for obligations to small- or medium-sized 
manufacturers for the use or production of innovative technologies.
    ``(b) Eligible Projects.--A loan guarantee may be made under such 
program only for a project that reequips, expands, or establishes a 
manufacturing facility in the United States to--
            ``(1) use an innovative technology or an innovative process 
        in manufacturing; or
            ``(2) manufacture an innovative technology product or an 
        integral component of such product.
    ``(c) Eligible Borrower.--A loan guarantee may be made under such 
program only for a borrower who is a small- or medium-sized 
manufacturer, as determined by the Secretary under the criteria 
established pursuant to subsection (m).
    ``(d) Limitation on Amount.--A loan guarantee shall not exceed an 
amount equal to 80 percent of the obligation, as estimated at the time 
at which the loan guarantee is issued.
    ``(e) Limitations on Loan Guarantee.--No loan guarantee shall be 
made unless the Secretary determines that--
            ``(1) there is a reasonable prospect of repayment of the 
        principal and interest on the obligation by the borrower;
            ``(2) the amount of the obligation (when combined with 
        amounts available to the borrower from other sources) is 
        sufficient to carry out the project;
            ``(3) the obligation is not subordinate to other financing;
            ``(4) the obligation bears interest at a rate that does not 
        exceed a level that the Secretary determines appropriate, 
        taking into account the prevailing rate of interest in the 
        private sector for similar loans and risks; and
            ``(5) the term of an obligation requires full repayment 
        over a period not to exceed the lesser of--
                    ``(A) 30 years; or
                    ``(B) 90 percent of the projected useful life, as 
                determined by the Secretary, of the physical asset to 
                be financed by the obligation.
    ``(f) Defaults.--
            ``(1) Payment by secretary.--
                    ``(A) In general.--If a borrower defaults (as 
                defined in regulations promulgated by the Secretary and 
                specified in the loan guarantee) on the obligation, the 
                holder of the loan guarantee shall have the right to 
                demand payment of the unpaid amount from the Secretary.
                    ``(B) Payment required.--Within such period as may 
                be specified in the loan guarantee or related 
                agreements, the Secretary shall pay to the holder of 
                the loan guarantee the unpaid interest on and unpaid 
                principal of the obligation as to which the borrower 
                has defaulted, unless the Secretary finds that there 
                was no default by the borrower in the payment of 
                interest or principal or that the default has been 
                remedied.
                    ``(C) Forbearance.--Nothing in this subsection 
                precludes any forbearance by the holder of the 
                obligation for the benefit of the borrower which may be 
                agreed upon by the parties to the obligation and 
                approved by the Secretary.
            ``(2) Subrogation.--
                    ``(A) In general.--If the Secretary makes a payment 
                under paragraph (1), the Secretary shall be subrogated 
                to the rights, as specified in the loan guarantee, of 
                the recipient of the payment or related agreements 
                including, if appropriate, the authority 
                (notwithstanding any other provision of law) to--
                            ``(i) complete, maintain, operate, lease, 
                        or otherwise dispose of any property acquired 
                        pursuant to such loan guarantee or related 
                        agreement; or
                            ``(ii) permit the borrower, pursuant to an 
                        agreement with the Secretary, to continue to 
                        pursue the purposes of the project if the 
                        Secretary determines that such an agreement is 
                        in the public interest.
                    ``(B) Superiority of rights.--The rights of the 
                Secretary, with respect to any property acquired 
                pursuant to a loan guarantee or related agreements, 
                shall be superior to the rights of any other person 
                with respect to the property.
            ``(3) Notification.--If the borrower defaults on an 
        obligation, the Secretary shall notify the Attorney General of 
        the default.
    ``(g) Payment of Principal and Interest by Secretary.--With respect 
to any obligation guaranteed under this section, the Secretary may 
enter into a contract to pay, and pay, holders of the obligation for 
and on behalf of the borrower from funds appropriated for that purpose 
the principal and interest payments that become due and payable on the 
unpaid balance of the obligation if the Secretary finds that--
            ``(1)(A) the borrower is unable to make the payments and is 
        not in default;
            ``(B) it is in the public interest to permit the borrower 
        to continue to pursue the project; and
            ``(C) the probable net benefit to the Federal Government in 
        paying the principal and interest will be greater than that 
        which would result in the event of a default;
            ``(2) the amount of the payment that the Secretary is 
        authorized to pay shall be no greater than the amount of 
        principal and interest that the borrower is obligated to pay 
        under the obligation being guaranteed; and
            ``(3) the borrower agrees to reimburse the Secretary for 
        the payment (including interest) on terms and conditions that 
        are satisfactory to the Secretary.
    ``(h) Terms and Conditions.--A loan guarantee under this section 
shall include such detailed terms and conditions as the Secretary 
determines appropriate to--
            ``(1) protect the interests of the United States in the 
        case of default; and
            ``(2) have available all the patents and technology 
        necessary for any person selected, including the Secretary, to 
        complete and operate the project.
    ``(i) Consultation.--In establishing the terms and conditions of a 
loan guarantee under this section, the Secretary shall consult with the 
Secretary of the Treasury.
    ``(j) Fees.--
            ``(1) In general.--The Secretary shall charge and collect 
        fees for loan guarantees in amounts the Secretary determines 
        are sufficient to cover applicable administrative expenses.
            ``(2) Availability.--Fees collected under this subsection 
        shall--
                    ``(A) be deposited by the Secretary into the 
                Treasury of the United States; and
                    ``(B) remain available until expended, subject to 
                such other conditions as are contained in annual 
                appropriations Acts.
            ``(3) Limitation.--In charging and collecting fees under 
        paragraph (1), the Secretary shall take into consideration the 
        amount of the obligation.
    ``(k) Records.--
            ``(1) In general.--With respect to a loan guarantee under 
        this section, the borrower, the lender, and any other 
        appropriate party shall keep such records and other pertinent 
        documents as the Secretary shall prescribe by regulation, 
        including such records as the Secretary may require to 
        facilitate an effective audit.
            ``(2) Access.--The Secretary and the Comptroller General of 
        the United States, or their duly authorized representatives, 
        shall have access to records and other pertinent documents for 
        the purpose of conducting an audit.
    ``(l) Full Faith and Credit.--The full faith and credit of the 
United States is pledged to the payment of all loan guarantees issued 
under this section with respect to principal and interest.
    ``(m) Regulations.--The Secretary shall issue final regulations 
before making any loan guarantees under the program. Such regulations 
shall include--
            ``(1) criteria that the Secretary shall use to determine 
        eligibility for loan guarantees under this section, including--
                    ``(A) whether a borrower is a small- or medium-
                sized manufacturer; and
                    ``(B) whether a borrower demonstrates that a market 
                exists for the innovative technology product, or the 
                integral component of such product, to be manufactured, 
                as evidenced by written statements of interest from 
                potential purchasers;
            ``(2) criteria that the Secretary shall use to determine 
        the amount of any fees charged under subsection (j), including 
        criteria related to the amount of the obligation;
            ``(3) policies and procedures for selecting and monitoring 
        lenders and loan performance; and
            ``(4) any other policies, procedures, or information 
        necessary to implement this section.
    ``(n) Audit.--
            ``(1) Annual independent audits.--The Secretary shall enter 
        into an arrangement with an independent auditor for annual 
        evaluations of the program under this section.
            ``(2) Comptroller general review.--The Comptroller General 
        shall conduct a biennial review of the Secretary's execution of 
        the program under this section.
            ``(3) Report.--The results of the independent audit under 
        paragraph (1) and the Comptroller General's review under 
        paragraph (2) shall be provided directly to the Committee on 
        Science and Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
    ``(o) Report to Congress.--Concurrent with the submission to 
Congress of the President's annual budget request in each year after 
the date of enactment of this section, the Secretary shall transmit to 
the Committee on Science and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report containing a summary of all activities carried out 
under this section.
    ``(p) Coordination and Nonduplication.--To the maximum extent 
practicable, the Secretary shall ensure that the activities carried out 
under this section are coordinated with, and do not duplicate the 
efforts of, other loan guarantee programs within the Federal 
Government.
    ``(q) MEP Centers.--The Secretary may use centers established under 
section 25 of the National Institute of Standards and Technology Act 
(15 U.S.C. 278k) to provide information about the program established 
under this section and to conduct outreach to potential borrowers, as 
appropriate.
    ``(r) Minimizing Risk.--The Secretary shall promulgate regulations 
and policies to carry out this section in accordance with Office of 
Management and Budget Circular No. A-129, entitled `Policies for 
Federal Credit Programs and Non-Tax Receivables', as in effect on the 
date of enactment of this section.
    ``(s) Sense of Congress.--It is the sense of Congress that no loan 
guarantee shall be made under this section unless the borrower agrees 
to use a federally-approved electronic employment eligibility 
verification system to verify the employment eligibility of--
            ``(1) all persons hired during the contract term by the 
        borrower to perform employment duties within the United States; 
        and
            ``(2) all persons assigned by the borrower to perform work 
        within the United States on the project.
    ``(t) Definitions.--In this section:
            ``(1) Cost.--The term `cost' has the meaning given such 
        term under section 502 of the Federal Credit Reform Act of 1990 
        (2 U.S.C. 661a).
            ``(2) Innovative process.--The term `innovative process' 
        means a process that is significantly improved as compared to 
        the process in general use in the commercial marketplace in the 
        United States at the time the loan guarantee is issued.
            ``(3) Innovative technology.--The term `innovative 
        technology' means a technology that is significantly improved 
        as compared to the technology in general use in the commercial 
        marketplace in the United States at the time the loan guarantee 
        is issued.
            ``(4) Loan guarantee.--The term `loan guarantee' has the 
        meaning given such term in section 502 of the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan 
        guarantee commitment (as defined in section 502 of such Act (2 
        U.S.C. 661a)).
            ``(5) Obligation.--The term `obligation' means the loan or 
        other debt obligation that is guaranteed under this section.
            ``(6) Program.--The term `program' means the loan guarantee 
        program established in subsection (a).
    ``(u) Authorization of Appropriations.--
            ``(1) Cost of loan guarantees.--There are authorized to be 
        appropriated $100,000,000 for each of fiscal years 2011 through 
        2013 to provide the cost of loan guarantees under this section.
            ``(2) Principal and interest.--There are authorized to be 
        appropriated such sums as are necessary to carry out subsection 
        (g).''.

SEC. 503. REGIONAL INNOVATION PROGRAM.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.) is further amended by adding after section 25, as added 
by section 502 of this title, the following new section:

``SEC. 26. REGIONAL INNOVATION PROGRAM.

    ``(a) Establishment.--The Secretary shall establish a regional 
innovation program to encourage and support the development of regional 
innovation strategies, including regional innovation clusters.
    ``(b) Regional Innovation Cluster Grants.--
            ``(1) In general.--As part of the program established under 
        subsection (a), the Secretary may award grants on a competitive 
        basis to eligible recipients for activities relating to the 
        formation and development of regional innovation clusters.
            ``(2) Permissible activities.--Grants awarded under this 
        subsection may be used for activities determined appropriate by 
        the Secretary, including the following:
                    ``(A) Feasibility studies.
                    ``(B) Planning activities.
                    ``(C) Technical assistance.
                    ``(D) Developing or strengthening communication and 
                collaboration between and among participants of a 
                regional innovation cluster.
                    ``(E) Attracting additional participants to a 
                regional innovation cluster.
                    ``(F) Facilitating market development of products 
                and services developed by a regional innovation 
                cluster, including through demonstration, deployment, 
                technology transfer, and commercialization activities.
                    ``(G) Developing relationships between a regional 
                innovation cluster and entities or clusters in other 
                regions.
                    ``(H) Interacting with the public and State and 
                local governments to meet the goals of the cluster.
            ``(3) Eligible recipient.--For purposes of this subsection, 
        the term `eligible recipient' means any of the following:
                    ``(A) A State.
                    ``(B) An Indian tribe.
                    ``(C) A city or other political subdivision of a 
                State.
                    ``(D) An entity that--
                            ``(i) is a nonprofit organization, an 
                        institution of higher education, a public-
                        private partnership, a science park, a Federal 
                        laboratory, or an economic development 
                        organization or similar entity; and
                            ``(ii) has an application that is supported 
                        by a State or a political subdivision of a 
                        State.
                    ``(E) A consortium of any of the entities listed in 
                subparagraphs (A) through (D).
            ``(4) Application.--
                    ``(A) In general.--An eligible recipient shall 
                submit an application to the Secretary at such time, in 
                such manner, and containing such information and 
                assurances as the Secretary may require.
                    ``(B) Components.--The application shall include, 
                at a minimum, a description of the regional innovation 
                cluster supported by the proposed activity, including a 
                description of the following:
                            ``(i) Whether the regional innovation 
                        cluster is supported by the private sector, 
                        State and local governments, and other relevant 
                        stakeholders.
                            ``(ii) How the existing participants in the 
                        regional innovation cluster will encourage and 
                        solicit participation by all types of entities 
                        that might benefit from participation, 
                        including newly formed entities and those rival 
                        to existing participants.
                            ``(iii) The extent to which the regional 
                        innovation cluster is likely to stimulate 
                        innovation and have a positive impact on 
                        regional economic growth and development.
                            ``(iv) Whether the participants in the 
                        regional innovation cluster have access to, or 
                        contribute to, a well-trained workforce.
                            ``(v) Whether the participants in the 
                        regional innovation cluster are capable of 
                        attracting additional funds from non-Federal 
                        sources.
                            ``(vi) The likelihood that the participants 
                        in the regional innovation cluster will be able 
                        to sustain activities once grant funds under 
                        this subsection have been expended.
            ``(5) Special consideration.--The Secretary shall give 
        special consideration to--
                    ``(A) applications from regions that contain 
                communities negatively impacted by trade; and
                    ``(B) an eligible recipient who agrees to 
                collaborate with local workforce investment area 
                boards.
            ``(6) Cost share.--The Secretary may not provide more than 
        50 percent of the total cost of any activity funded under this 
        subsection.
            ``(7) Use and application of research and information 
        program.--To the maximum extent practicable, the Secretary 
        shall ensure that activities funded under this subsection use 
        and apply any relevant research, best practices, and metrics 
        developed under the program established in subsection (c).
    ``(c) Regional Innovation Research and Information Program.--
            ``(1) In general.--As part of the program established under 
        subsection (a), the Secretary shall establish a regional 
        innovation research and information program to--
                    ``(A) gather, analyze, and disseminate information 
                on best practices for regional innovation strategies 
                (including regional innovation clusters), including 
                information relating to how innovation, productivity, 
                and economic development can be maximized through such 
                strategies;
                    ``(B) provide technical assistance, including 
                through the development of technical assistance guides, 
                for the development and implementation of regional 
                innovation strategies (including regional innovation 
                clusters);
                    ``(C) support the development of relevant metrics 
                and measurement standards to evaluate regional 
                innovation strategies (including regional innovation 
                clusters), including the extent to which such 
                strategies stimulate innovation, productivity, and 
                economic development; and
                    ``(D) collect and make available data on regional 
                innovation cluster activity in the United States, 
                including data on--
                            ``(i) the size, specialization, and 
                        competitiveness of regional innovation 
                        clusters;
                            ``(ii) the regional domestic product 
                        contribution, total jobs and earnings by key 
                        occupations, establishment size, nature of 
                        specialization, patents, Federal research and 
                        development spending, and other relevant 
                        information for regional innovation clusters; 
                        and
                            ``(iii) supply chain product and service 
                        flows within and between regional innovation 
                        clusters.
            ``(2) Research grants.--The Secretary may award research 
        grants on a competitive basis to support and further the goals 
        of the program established under this subsection.
            ``(3) Dissemination of information.--Data and analysis 
        compiled by the Secretary under the program established in this 
        subsection shall be made available to other Federal agencies, 
        State and local governments, and nonprofit and for-profit 
        entities.
            ``(4) Cluster grant program.--The Secretary shall 
        incorporate data and analysis relating to any regional 
        innovation cluster supported by a grant under subsection (b) 
        into the program established under this subsection.
    ``(d) Interagency Coordination.--
            ``(1) In general.--To the maximum extent practicable, the 
        Secretary shall ensure that the activities carried out under 
        this section are coordinated with, and do not duplicate the 
        efforts of, other programs at the Department of Commerce or 
        other Federal agencies.
            ``(2) Collaboration.--
                    ``(A) In general.--The Secretary shall explore and 
                pursue collaboration with other Federal agencies, 
                including through multiagency funding opportunities, on 
                regional innovation strategies.
                    ``(B) Small businesses.--The Secretary shall ensure 
                that such collaboration with Federal agencies 
                prioritizes the needs and challenges of small 
                businesses.
    ``(e) Evaluation.--
            ``(1) In general.--Not later than 4 years after the date of 
        enactment of this section, the Secretary shall enter into a 
        contract with an independent entity, such as the National 
        Academy of Sciences, to conduct an evaluation of the program 
        established under subsection (a).
            ``(2) Requirements.--The evaluation shall include--
                    ``(A) whether such program is achieving its goals;
                    ``(B) any recommendations for how such program may 
                be improved; and
                    ``(C) a recommendation as to whether such program 
                should be continued or terminated.
    ``(f) Definitions.--In this section:
            ``(1) Regional innovation cluster.--The term `regional 
        innovation cluster' means a geographically bounded network of 
        similar, synergistic, or complementary entities that--
                    ``(A) are engaged in or with a particular industry 
                sector;
                    ``(B) have active channels for business 
                transactions and communication;
                    ``(C) share specialized infrastructure, labor 
                markets, and services; and
                    ``(D) leverage the region's unique competitive 
                strengths to stimulate innovation and create jobs.
            ``(2) State.--The term `State' means one of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, or any other 
        territory or possession of the United States.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary for each of fiscal years 2011 
through 2013 to carry out this section, including such sums as are 
necessary to carry out the evaluation required under subsection (e).''.

SEC. 504. CLEAN ENERGY CONSORTIUM.

    (a) Purpose.--The Secretary shall carry out a program to establish 
a Clean Energy Consortium to enhance the Nation's economic, 
environmental, and energy security by promoting commercial application 
of clean energy technology and ensuring that the United States 
maintains a technological lead in the development and commercial 
application of state-of-the-art energy technologies. To achieve these 
purposes the program shall leverage the expertise and resources of the 
university and private research communities, industry, venture capital, 
national laboratories, and other participants in energy innovation to 
support collaborative, cross-disciplinary research and development in 
areas not being served by the private sector in order to develop and 
accelerate the commercial application of innovative clean energy 
technologies.
    (b) Definitions.--For purposes of this section:
            (1) Clean energy technology.--The term ``clean energy 
        technology'' means a technology that--
                    (A) produces energy from solar, wind, geothermal, 
                biomass, tidal, wave, ocean, and other renewable energy 
                resources (as such term is defined in section 610 of 
                the Public Utility Regulatory Policies Act of 1978);
                    (B) more efficiently transmits, distributes, or 
                stores energy;
                    (C) enhances energy efficiency for buildings and 
                industry, including combined heat and power;
                    (D) enables the development of a Smart Grid (as 
                described in section 1301 of the Energy Independence 
                and Security Act of 2007 (42 U.S.C. 17381)), including 
                integration of renewable energy resources and 
                distributed generation, demand response, demand side 
                management, and systems analysis;
                    (E) produces an advanced or sustainable material 
                with energy or energy efficiency applications; or
                    (F) improves energy efficiency for transportation, 
                including electric vehicles.
            (2) Cluster.--The term ``cluster'' means a network of 
        entities directly involved in the research, development, 
        finance, and commercial application of clean energy 
        technologies whose geographic proximity facilitates utilization 
        and sharing of skilled human resources, infrastructure, 
        research facilities, educational and training institutions, 
        venture capital, and input suppliers.
            (3) Consortium.--The term ``Consortium'' means a Clean 
        Energy Consortium established in accordance with this section.
            (4) Project.--The term ``project'' means an activity with 
        respect to which a Consortium provides support under subsection 
        (e).
            (5) Qualifying entity.--The term ``qualifying entity'' 
        means each of the following:
                    (A) A research university.
                    (B) A State or Federal institution with a focus on 
                the advancement of clean energy technologies.
                    (C) A nongovernmental organization with research or 
                technology transfer expertise in clean energy 
                technology development.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) Technology development focus.--The term ``technology 
        development focus'' means the unique clean energy technology or 
        technologies in which a Consortium specializes.
            (8) Translational research.--The term ``translational 
        research'' means coordination of basic or applied research with 
        technical applications to enable promising discoveries or 
        inventions to achieve commercial application of energy 
        technology.
    (c) Role of the Secretary.--The Secretary shall--
            (1) have ultimate responsibility for, and oversight of, all 
        aspects of the program under this section;
            (2) select a recipient of a grant for the establishment and 
        operation of a Consortium through a competitive selection 
        process;
            (3) coordinate the innovation activities of the Consortium 
        with those occurring through other Department of Energy 
        entities, including the National Laboratories, the Advanced 
        Research Projects Agency--Energy, Energy Innovation Hubs, and 
        Energy Frontier Research Collaborations, and within industry, 
        including by annually--
                    (A) issuing guidance regarding national energy 
                research and development priorities and strategic 
                objectives; and
                    (B) convening a conference of staff of the 
                Department of Energy and representatives from such 
                other entities to share research results, program 
                plans, and opportunities for collaboration.
    (d) Entities Eligible for Support.--A consortium shall be eligible 
to receive support under this section if--
            (1) it is composed of--
                    (A) 2 research universities with a combined annual 
                research budget of $500,000,000; and
                    (B) 1 or more additional qualifying entities;
            (2) its members have established a binding agreement that 
        documents--
                    (A) the structure of the partnership agreement;
                    (B) a governance and management structure to enable 
                cost-effective implementation of the program;
                    (C) a conflicts of interest policy consistent with 
                subsection (e)(1)(B);
                    (D) an accounting structure that meets the 
                requirements of the Department of Energy and can be 
                audited under subsection (f)(4); and
                    (E) that it has an External Advisory Committee 
                consistent with subsection (e)(3);
            (3) it receives funding from States, consortium 
        participants, or other non-Federal sources, to be used to 
        support project awards pursuant to subsection (e);
            (4) it is part of an existing cluster or demonstrates high 
        potential to develop a new cluster; and
            (5) it operates as a nonprofit organization.
    (e) Clean Energy Consortium.--
            (1) Role.--The Consortium shall support translational 
        research activities leading to commercial application of clean 
        energy technologies, in accordance with the purposes of this 
        section, through issuance of awards to projects managed by 
        qualifying entities and other entities meeting the Consortium's 
        project criteria, including national laboratories. The 
        Consortium shall--
                    (A) develop and make available to the public 
                through the Department of Energy's Web site proposed 
                plans, programs, project selection criteria, and terms 
                for individual project awards under this subsection;
                    (B) establish conflict of interest procedures, 
                consistent with those of the Department of Energy, to 
                ensure that employees and designees for Consortium 
                activities who are in decisionmaking capacities 
                disclose all material conflicts of interest, including 
                financial, organizational, and personal conflicts of 
                interest;
                    (C) establish policies--
                            (i) to prevent resources provided to the 
                        Consortium from being used to displace private 
                        sector investment otherwise likely to occur, 
                        including investment from private sector 
                        entities that are members of the Consortium;
                            (ii) to facilitate the participation of 
                        private entities that invest in clean energy 
                        technologies to perform due diligence on award 
                        proposals, to participate in the award review 
                        process, and to provide guidance to projects 
                        supported by the Consortium; and
                            (iii) to facilitate the participation of 
                        parties with a demonstrated history of 
                        commercial application of clean energy 
                        technologies in the development of Consortium 
                        projects;
                    (D) oversee project solicitations, review proposed 
                projects, and select projects for awards; and
                    (E) monitor project implementation.
            (2) Distribution of awards.--The Consortium, with prior 
        approval of the Secretary, shall distribute awards under this 
        subsection to support clean energy technology projects 
        conducting translational research, provided that at least 50 
        percent of such support shall be provided to projects related 
        to the Consortium's clean energy technology development focus. 
        Upon approval by the Secretary, all remaining funds shall be 
        available to support any clean energy technology projects 
        conducting translational research.
            (3) External advisory committee.--
                    (A) In general.--The Consortium shall establish an 
                External Advisory Committee, the members of which shall 
                have extensive and relevant scientific, technical, 
                industry, financial, or research management expertise. 
                The External Advisory Committee shall review the 
                Consortium's proposed plans, programs, project 
                selection criteria, and projects and shall ensure that 
                projects selected for awards meet the conflict of 
                interest policies of the Consortium. External Advisory 
                Committee members other than those representing 
                Consortium members shall serve for no more than 3 
                years. All External Advisory Committee members shall 
                comply with the Consortium's conflict of interest 
                policies and procedures.
                    (B) Members.--The External Advisory Committee shall 
                consist of--
                            (i) 5 members selected by the Consortium's 
                        research universities;
                            (ii) 2 members selected by the Consortium's 
                        other qualifying entities;
                            (iii) 2 members selected at large by other 
                        External Advisory Committee members to 
                        represent the entrepreneur and venture capital 
                        communities; and
                            (iv) 1 member appointed by the Secretary.
            (4) Conflict of interest.--The Secretary may disqualify an 
        application or revoke funds distributed to the Consortium if 
        the Secretary discovers a failure to comply with conflict of 
        interest procedures established under paragraph (1)(B).
    (f) Grant.--
            (1) In general.--The Secretary shall make a grant under 
        this section in accordance with section 989 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16353). The Secretary shall award 
        the grant, on a competitive basis, to 1 regional Consortium, 
        for a term of 3 years.
            (2) Amount.--A grant under this subsection shall be in an 
        amount not greater than $10,000,000 per fiscal year over the 3 
        years of the term of the grant.
            (3) Use.--The grant distributed under this section shall be 
        used exclusively to support project awards pursuant to 
        subsection (e)(1) and (2), provided that the Consortium may use 
        not more than 10 percent of the amount of such grant for its 
        administrative expenses related to making such awards. The 
        grant made under this section shall not be used for 
        construction of new buildings or facilities, and construction 
        of new buildings or facilities shall not be considered as part 
        of the non-Federal share of a cost sharing agreement under this 
        section.
            (4) Audit.--The Consortium shall conduct, in accordance 
        with such requirements as the Secretary may prescribe, an 
        annual audit to determine the extent to which a grant 
        distributed to the Consortium under this subsection, and awards 
        under subsection (e), have been utilized in a manner consistent 
        with this section. The auditor shall transmit a report of the 
        results of the audit to the Secretary and to the Government 
        Accountability Office. The Secretary shall include such report 
        in an annual report to Congress, along with a plan to remedy 
        any deficiencies cited in the report. The Government 
        Accountability Office may review such audits as appropriate and 
        shall have full access to the books, records, and personnel of 
        the Consortium to ensure that the grant distributed to the 
        Consortium under this subsection, and awards made under 
        subsection (e), have been utilized in a manner consistent with 
        this section.
            (5) Revocation of awards.--The Secretary shall have 
        authority to review awards made under this subsection and to 
        revoke such awards if the Secretary determines that the 
        Consortium has used the award in a manner not consistent with 
        the requirements of this section.

                     TITLE VI--DEPARTMENT OF ENERGY

                     Subtitle A--Office of Science

SEC. 601. SHORT TITLE.

    This subtitle may be cited as the ``Department of Energy Office of 
Science Authorization Act of 2010''.

SEC. 602. DEFINITIONS.

    Except as otherwise provided, in this subtitle:
            (1) Department.--The term ``Department'' means the 
        Department of Energy.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Science.
            (3) Office of science.--The term ``Office of Science'' 
        means the Department of Energy Office of Science.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 603. MISSION OF THE OFFICE OF SCIENCE.

    (a) Mission.--The mission of the Office of Science shall be the 
delivery of scientific discoveries, capabilities, and major scientific 
tools to transform the understanding of nature and to advance the 
energy, economic, and national security of the United States.
    (b) Duties.--In support of this mission, the Secretary shall carry 
out, through the Office of Science, programs on basic energy sciences, 
biological and environmental research, advanced scientific computing 
research, fusion energy sciences, high energy physics, and nuclear 
physics through activities focused on--
            (1) Science for Discovery to unravel nature's mysteries 
        through the study of subatomic particles, atoms, and molecules 
        that make up the materials of our everyday world to DNA, 
        proteins, cells, and entire biological systems;
            (2) Science for National Need by--
                    (A) advancing a clean energy agenda through 
                research on energy production, storage, transmission, 
                efficiency, and use; and
                    (B) advancing our understanding of the Earth's 
                climate through research in atmospheric and 
                environmental sciences and climate change; and
            (3) National Scientific User Facilities to deliver the 21st 
        century tools of science, engineering, and technology and 
        provide the Nation's researchers with the most advanced tools 
        of modern science including accelerators, colliders, 
        supercomputers, light sources and neutron sources, and 
        facilities for studying the nanoworld.
    (c) Supporting Activities.--The activities described in subsection 
(b) shall include providing for relevant facilities and infrastructure, 
analysis, coordination, and education and outreach activities.
    (d) User Facilities.--The Director shall carry out the 
construction, operation, and maintenance of user facilities to support 
the activities described in subsection (b). As practicable, these 
facilities shall serve the needs of the Department, industry, the 
academic community, and other relevant entities for the purposes of 
advancing the missions of the Department.
    (e) Other Authorized Activities.--In addition to the activities 
authorized under this subtitle, the Office of Science shall carry out 
such other activities it is authorized or required to carry out by law.
    (f) Coordination and Joint Activities.--The Department's Under 
Secretary for Science shall ensure the coordination of activities under 
this subtitle with the other activities of the Department, and shall 
support joint activities among the programs of the Department.
    (g) Domestically Sourced Hardware.--
            (1) Plan.--The Director shall develop a plan to increase 
        the percentage of domestically sourced hardware for planned and 
        ongoing projects of the Office of Science. In developing this 
        plan, the Director shall--
                    (A) give consideration to technologies that the 
                United States does not currently have the capacity to 
                manufacture and to procurement activities that can 
                strengthen United States high-technology 
                competitiveness broadly;
                    (B) seek opportunities to engage and partner with 
                domestic manufacturers; and
                    (C) annually assess levels of domestically 
                available goods relevant to planned and ongoing 
                projects of the Office of Science.
            (2) International agreements.--This subsection shall be 
        applied in a manner consistent with United States obligations 
        under international agreements.
            (3) Report to congress.--Not later than 1 year after the 
        date of enactment of this Act, the Director shall transmit the 
        plan developed under this subsection to the Committee on Energy 
        and Natural Resources of the Senate and the Committee on 
        Science and Technology of the House of Representatives, and 
        shall transmit any appropriate updates to those committees.
    (h) Merit-Reviewed Study.--As part of the President's annual budget 
request, the Secretary shall include a detailed summary of the degree 
to which current research activities are competitive and merit-
reviewed, including a list of activities that would have been 
undertaken in the absence of Congressionally-directed projects and an 
analysis of the effects of increasing the proportion of competitive, 
merit-reviewed activities on the strategic objectives of the Office of 
Science.

SEC. 604. BASIC ENERGY SCIENCES PROGRAM.

    (a) Program.--As part of the activities authorized under section 
603, the Director shall carry out a program in basic energy sciences, 
including materials sciences and engineering, chemical sciences, 
physical biosciences, and geosciences, for the purpose of providing the 
scientific foundations for new energy technologies.
    (b) Basic Energy Sciences User Facilities.--
            (1) In general.--The Director shall carry out a program for 
        the construction, operation, and maintenance of national user 
        facilities to support the program under this section. As 
        practicable, these facilities shall serve the needs of the 
        Department, industry, the academic community, and other 
        relevant entities to create and examine new materials and 
        chemical processes for the purposes of advancing new energy 
        technologies and improving the competitiveness of the United 
        States. These facilities shall include--
                    (A) x-ray light sources;
                    (B) neutron sources;
                    (C) electron beam microcharacterization centers;
                    (D) nanoscale science research centers; and
                    (E) other facilities the Director considers 
                appropriate, consistent with section 603(d).
            (2) Facility construction and upgrades.--Consistent with 
        the Office of Science's project management practices, the 
        Director shall support construction of--
                    (A) the National Synchrotron Light Source II;
                    (B) a Second Target Station at the Spallation 
                Neutron Source; and
                    (C) an upgrade of the Advanced Photon Source to 
                improve brightness and performance.
    (c) Energy Frontier Research Centers.--
            (1) In general.--The Director shall carry out a grant 
        program to provide awards, on a competitive, merit-reviewed 
        basis, to multi-institutional collaborations or other 
        appropriate entities to conduct fundamental and use-inspired 
        energy research to accelerate scientific breakthroughs related 
        to needs identified in--
                    (A) the Grand Challenges report of the Department's 
                Basic Energy Sciences Advisory Committee;
                    (B) the Basic Energy Sciences Basic Research Needs 
                workshop reports;
                    (C) energy-related Grand Challenges for 
                Engineering, as described by the National Academy of 
                Engineering; or
                    (D) other relevant reports identified by the 
                Director.
            (2) Collaborations.--A collaboration receiving a grant 
        under this subsection may include multiple types of 
        institutions and private sector entities.
            (3) Selection and duration.--
                    (A) In general.--A collaboration under this 
                subsection shall be selected for a period of 5 years.
                    (B) Reapplication.--After the end of the period 
                described in subparagraph (A), a grantee may reapply 
                for selection for a second period of 5 years on a 
                competitive, merit-reviewed basis.
            (4) No funding for construction.--No funding provided 
        pursuant to this subsection may be used for the construction of 
        new buildings or facilities.
    (d) Accelerator Research and Development.--The Director shall carry 
out research and development on advanced accelerator technologies 
relevant to the development of Basic Energy Sciences user facilities, 
in consultation with the Office of Science's High Energy Physics and 
Nuclear Physics programs.

SEC. 605. BIOLOGICAL AND ENVIRONMENTAL RESEARCH PROGRAM.

    (a) In General.--As part of the activities authorized under section 
603, and coordinated with the activities authorized in section 604, the 
Director shall carry out a program of research, development, and 
demonstration in the areas of biological systems science and climate 
and environmental science to support the energy and environmental 
missions of the Department.
    (b) Biological Systems Science Activities.--
            (1) Activities.--As part of the activities authorized under 
        subsection (a), the Director shall carry out research, 
        development, and demonstration activities in fundamental, 
        structural, computational, and systems biology to increase 
        systems-level understanding of complex biological systems, 
        which shall include activities to--
                    (A) accelerate breakthroughs and new knowledge that 
                will enable cost-effective sustainable production of--
                            (i) biomass-based liquid transportation 
                        fuels, including hydrogen;
                            (ii) bioenergy; and
                            (iii) biobased products,
                that support the energy and environmental missions of 
                the Department;
                    (B) improve understanding of the global carbon 
                cycle, including processes for removing carbon dioxide 
                from the atmosphere, through photosynthesis and other 
                biological processes, for sequestration and storage; 
                and
                    (C) understand the biological mechanisms used to 
                destroy, immobilize, or remove contaminants from 
                subsurface environments.
            (2) Research plan.--
                    (A) Requirement.--Not later than 1 year after the 
                date of enactment of this Act, the Director shall 
                prepare and transmit to Congress a research plan 
                describing how the activities authorized under this 
                subsection will be undertaken.
                    (B) Utilization of existing plan.--In developing 
                the plan in subparagraph (A), the Director may utilize 
                an existing research plan and update such plan to 
                incorporate the activities identified in paragraph (1).
                    (C) Updates.--Not later than 3 years after the 
                initial report under this paragraph, and at least once 
                every 3 years thereafter, the Director shall update the 
                research plan and transmit it to Congress.
            (3) Bioenergy research centers.--
                    (A) In general.--In carrying out the activities 
                under paragraph (1), the Director shall support at 
                least 3 bioenergy research centers to accelerate basic 
                biological research, development, demonstration, and 
                commercial application of biomass-based liquid 
                transportation fuels, bioenergy, and biobased products 
                that support the energy and environmental missions of 
                the Department and are produced from a variety of 
                regionally diverse feedstocks.
                    (B) Geographic distribution.--The Director shall 
                ensure that the bioenergy research centers under this 
                paragraph are established in geographically diverse 
                locations.
                    (C) Selection and duration.--A center established 
                under subparagraph (A) shall be selected on a 
                competitive, merit-reviewed basis for a period of 5 
                years beginning on the date of establishment of that 
                center. A center already in existence on the date of 
                enactment of this Act may continue to receive support 
                for a period of 5 years beginning on the date of 
                establishment of that center.
            (4) Enabling synthetic biology plan.--
                    (A) In general.--The Secretary, in consultation 
                with other relevant Federal agencies, the academic 
                community, research-based nonprofit entities, and the 
                private sector, shall develop a comprehensive plan for 
                federally supported research and development activities 
                that will support the energy and environmental missions 
                of the Department and enable a competitive synthetic 
                biology industry in the United States.
                    (B) Plan.--The plan developed under subparagraph 
                (A) shall assess the need to create a database for 
                synthetic biology information, the need and process for 
                developing standards for biological parts, components 
                and systems, and the need for a federally funded 
                facility that enables the discovery, design, 
                development, production, and systematic use of parts, 
                components, and systems created through synthetic 
                biology. The plan shall describe the role of the 
                Federal Government in meeting these needs.
                    (C) Submission to congress.--The Secretary shall 
                transmit the plan developed under subparagraph (A) to 
                the Congress not later than 9 months after the date of 
                enactment of this Act.
            (5) Computational biology and systems biology 
        knowledgebase.--As part of the activities described in 
        paragraph (1), the Director, in collaboration with the Advanced 
        Scientific Computing Research program described in section 606, 
        shall carry out research in computational biology, acquire or 
        otherwise ensure the availability of hardware for biology-
        specific computation, and establish and maintain an open 
        virtual database and information management system to centrally 
        integrate systems biology data, analytical software, and 
        computational modeling tools that will allow data sharing and 
        free information exchange within the scientific community.
            (6) Prohibition on biomedical and human cell and human 
        subject research.--
                    (A) No biomedical research.--In carrying out 
                activities under subsection (b), the Secretary shall 
                not conduct biomedical research.
                    (B) Limitations.--Nothing in subsection (b) shall 
                authorize the Secretary to conduct any research or 
                demonstrations--
                            (i) on human cells or human subjects; or
                            (ii) designed to have direct application 
                        with respect to human cells or human subjects.
                    (C) Information sharing.--Nothing in this paragraph 
                shall restrict the Department from sharing information, 
                including research findings, research methodologies, 
                models, or any other information, with any Federal 
                agency.
            (7) Repeal.--Section 977 of the Energy Policy Act of 2005 
        (42 U.S.C. 16317) is repealed.
    (c) Climate and Environmental Sciences Activities.--
            (1) In general.--As part of the activities authorized under 
        subsection (a), the Director shall carry out climate and 
        environmental science research, which shall include activities 
        to--
                    (A) understand, observe, and model the response of 
                the Earth's atmosphere and biosphere, including oceans 
                and the Great Lakes, to increased concentrations of 
                greenhouse gas emissions, and any associated changes in 
                climate;
                    (B) understand the processes for sequestration, 
                destruction, immobilization, or removal of, and 
                understand the movement of, contaminants and carbon in 
                subsurface environments, including at facilities of the 
                Department; and
                    (C) inform potential mitigation and adaptation 
                options for increased concentrations of greenhouse gas 
                emissions and any associated changes in climate.
            (2) Subsurface biogeochemistry research.--
                    (A) In general.--As part of the activities 
                described in paragraph (1), the Director shall carry 
                out research to advance a fundamental understanding of 
                coupled physical, chemical, and biological processes 
                for controlling the movement of sequestered carbon and 
                subsurface environmental contaminants, including field 
                observations of subsurface microorganisms and field-
                scale subsurface research.
                    (B) Coordination.--
                            (i) Director.--The Director shall carry out 
                        activities under this paragraph in accordance 
                        with priorities established by the Department's 
                        Under Secretary for Science to support and 
                        accelerate the decontamination of relevant 
                        facilities managed by the Department.
                            (ii) Under secretary for science.--The 
                        Department's Under Secretary for Science shall 
                        ensure the coordination of the activities of 
                        the Department, including activities under this 
                        paragraph, to support and accelerate the 
                        decontamination of relevant facilities managed 
                        by the Department.
            (3) Next-generation ecosystem-climate experiment.--
                    (A) In general.--As part of the activities 
                described in paragraph (1), the Director, in 
                collaboration with other relevant agencies that are 
                participants in the United States Global Change 
                Research Program, shall carry out the selection and 
                development of a next-generation ecosystem-climate 
                change experiment to understand the impact and 
                feedbacks of increased temperature and elevated carbon 
                levels on ecosystems.
                    (B) Report.--Not later than 1 year after the date 
                of enactment of this Act, the Director shall transmit 
                to the Congress a report containing--
                            (i) an identification of the location or 
                        locations that have been selected for the 
                        experiment described in subparagraph (A);
                            (ii) a description of the need for 
                        additional experiments; and
                            (iii) an associated research plan.
            (4) Ameriflux network coordination and research.--As part 
        of the activities described in paragraph (1), the Director 
        shall carry out research and coordinate the AmeriFlux Network 
        to directly observe and understand the exchange of greenhouse 
        gases, water vapor, and heat energy within terrestrial 
        ecosystems and the response of those systems to climate change 
        and other dynamic terrestrial landscape changes. The Director, 
        in collaboration with other relevant Federal agencies, shall--
                    (A) identify opportunities to incorporate 
                innovative and emerging observation technologies and 
                practices into the existing Network;
                    (B) conduct research to determine the need for 
                increased greenhouse gas observation Network facilities 
                across North America to meet future mitigation and 
                adaptation needs of the United States; and
                    (C) examine how the technologies and practices 
                described in subparagraph (A), and increased 
                coordination among scientific communities through the 
                Network, have the potential to help characterize 
                terrestrial baseline greenhouse gas emission sources 
                and sinks in the United States and internationally.
            (5) Climate and earth modeling.--As part of the activities 
        described in paragraph (1), the Director, in collaboration with 
        the Advanced Scientific Computing Research program described in 
        section 606, shall carry out research to develop, evaluate, and 
        use high-resolution regional climate, global climate, Earth, 
        and predictive models to inform decisions on reducing the 
        impacts of changing climate.
            (6) Integrated assessment research.--As part of the 
        activities described in paragraph (1), the Director shall carry 
        out research into options for mitigation of and adaptation to 
        climate change through multiscale models of the entire climate 
        system. Such modeling shall include human processes and 
        greenhouse gas emissions, land use, and interaction among human 
        and Earth systems.
            (7) Coordination.--The Director shall coordinate activities 
        under this subsection with other Office of Science activities 
        and with the United States Global Change Research Program.
    (d) User Facilities and Ancillary Equipment.--
            (1) In general.--The Director shall carry out a program for 
        the construction, operation, and maintenance of user facilities 
        to support the program under this section. As practicable, 
        these facilities shall serve the needs of the Department, 
        industry, the academic community, and other relevant entities.
            (2) Included functions.--User facilities described in 
        paragraph (1) shall include facilities which carry out--
                    (A) genome sequencing and analysis of plants, 
                microbes, and microbial communities using high 
                throughput tools, technologies, and comparative 
                analysis;
                    (B) molecular level research in biological, 
                chemical, environmental, and subsurface sciences, 
                including synthesis, dynamic properties, and 
                interactions among natural and engineered materials; 
                and
                    (C) measurement of cloud and aerosol properties 
                used for examining atmospheric processes and evaluating 
                climate model performance, including ground stations at 
                various locations, mobile resources, and aerial 
                vehicles.

SEC. 606. ADVANCED SCIENTIFIC COMPUTING RESEARCH PROGRAM.

    (a) In General.--As part of the activities authorized under section 
603, the Director shall carry out a research, development, 
demonstration, and commercial application program to advance 
computational and networking capabilities to analyze, model, simulate, 
and predict complex phenomena relevant to the development of new energy 
technologies and the competitiveness of the United States.
    (b) Coordination.--
            (1) Director.--The Director shall carry out activities 
        under this section in accordance with priorities established by 
        the Department's Under Secretary for Science to determine and 
        meet the computational and networking research and facility 
        needs of the Office of Science and all other relevant energy 
        technology and energy efficiency programs within the 
        Department.
            (2) Under secretary for science.--The Department's Under 
        Secretary for Science shall ensure the coordination of the 
        activities of the Department, including activities under this 
        section, to determine and meet the computational and networking 
        research and facility needs of the Office of Science and all 
        other relevant energy technology and energy efficiency programs 
        within the Department.
    (c) Research To Support Energy Applications.--As part of the 
activities authorized under subsection (a), the program shall support 
research in high-performance computing and networking relevant to 
energy applications, including both basic and applied energy research 
programs carried out by the Secretary.
    (d) Reports.--
            (1) Advanced computing for energy applications.--Not later 
        than one year after the date of enactment of this Act, the 
        Secretary shall transmit to the Congress a plan to integrate 
        and leverage the expertise and capabilities of the program 
        described in subsection (a), as well as other relevant 
        computational and networking research programs and resources 
        supported by the Federal Government, to advance the missions of 
        the Department's applied energy and energy efficiency programs, 
        including the development of smart grid technologies.
            (2) Exascale computing.--At least 18 months prior to the 
        initiation of construction or installation of any exascale-
        class computing facility, the Secretary shall transmit a plan 
        to the Congress detailing--
                    (A) the proposed facility's cost projections and 
                capabilities to significantly accelerate the 
                development of new energy technologies;
                    (B) technical risks and challenges that must be 
                overcome to achieve successful completion and operation 
                of the facility; and
                    (C) an assessment of the scientific and 
                technological advances expected from such a facility 
                relative to those expected from a comparable investment 
                in expanded research and applications at terascale-
                class and petascale-class computing facilities.
    (e) Applied Mathematics and Software Development for High-End 
Computing Systems.--The Director shall carry out activities to develop, 
test, and support mathematics, models, and algorithms for complex 
systems, as well as programming environments, tools, languages, and 
operating systems for high-end computing systems (as defined in section 
2 of the Department of Energy High-End Computing Revitalization Act of 
2004 (15 U.S.C. 5541)).
    (f) High-End Computing Facilities.--The Director shall--
            (1) provide for sustained access by the public and private 
        research community in the United States to high-end computing 
        systems, including access to the National Energy Research 
        Scientific Computing Center and to Leadership Systems (as 
        defined in section 2 of the Department of Energy High-End 
        Computing Revitalization Act of 2004 (15 U.S.C. 5541));
            (2) provide technical support for users of such systems; 
        and
            (3) conduct research and development on next-generation 
        computing architectures and platforms to support the missions 
        of the Department.
    (g) Outreach.--The Secretary shall conduct outreach programs and 
may form partnerships to increase the use of and access to high-
performance computing modeling and simulation capabilities by industry, 
including manufacturers.

SEC. 607. FUSION ENERGY RESEARCH PROGRAM.

    (a) Program.--As part of the activities authorized under section 
603, the Director shall carry out a fusion energy sciences research and 
enabling technology development program to effectively address the 
scientific and engineering challenges to building a cost-competitive 
fusion power plant and a competitive fusion power industry in the 
United States. As part of this program, the Director shall carry out 
research activities to expand the fundamental understanding of plasmas 
and matter at very high temperatures and densities.
    (b) ITER.--The Director shall coordinate and carry out the 
responsibilities of the United States with respect to the ITER 
international fusion project pursuant to the Agreement on the 
Establishment of the ITER International Fusion Energy Organization for 
the Joint Implementation of the ITER Project.
    (c) Identification of Priorities.--Not later than 18 months after 
the date of enactment of this Act, the Secretary shall transmit to the 
Congress a report on the Department's proposed research and development 
activities in magnetic fusion over the 10 years following the date of 
enactment of this Act under four realistic budget scenarios. The report 
shall--
            (1) identify specific areas of fusion energy research and 
        enabling technology development in which the United States can 
        and should establish or solidify a lead in the global fusion 
        energy development effort; and
            (2) identify priorities for initiation of facility 
        construction and facility decommissioning under each of those 
        scenarios.
    (d) Fusion Materials Research and Development.--The Director, in 
coordination with the Assistant Secretary for Nuclear Energy of the 
Department, shall carry out research and development activities to 
identify, characterize, and create materials that can endure the 
neutron, plasma, and heat fluxes expected in a commercial fusion power 
plant. As part of the activities authorized under subsection (c), the 
Secretary shall--
            (1) provide an assessment of the need for a facility or 
        facilities that can examine and test potential fusion and next 
        generation fission materials and other enabling technologies 
        relevant to the development of commercial fusion power plants; 
        and
            (2) provide an assessment of whether a single new facility 
        that substantially addresses magnetic fusion, inertial fusion, 
        and next generation fission materials research needs is 
        feasible, in conjunction with the expected capabilities of 
        facilities operational as of the date of enactment of this Act.
    (e) Enabling Technology Development.--The Secretary shall carry out 
activities to develop technologies necessary to enable the reliable, 
sustainable, safe, and economically competitive operation of a 
commercial fusion power plant.
    (f) Fusion Simulation Project.--In collaboration with the Office of 
Science's Advanced Scientific Computing Research program described in 
section 606, the Director shall carry out a computational project to 
advance the capability of fusion researchers to accurately simulate an 
entire fusion energy system.
    (g) Inertial Fusion Energy Research and Development Program.--The 
Secretary shall carry out a program of research and technology 
development in inertial fusion for energy applications, including ion 
beam and laser fusion. Not later than 180 days after the release of a 
report from the National Academies on inertial fusion energy research, 
the Secretary shall transmit to Congress a report describing the 
Department's plan to incorporate any relevant recommendations from the 
National Academies' report into this program.

SEC. 608. HIGH ENERGY PHYSICS PROGRAM.

    (a) Program.--As part of the activities authorized under section 
603, the Director shall carry out a research program on the elementary 
constituents of matter and energy and the nature of space and time.
    (b) Neutrino Research.--As part of the program described in 
subsection (a), the Director shall carry out research activities on 
rare decay processes and the nature of the neutrino, which may--
            (1) include collaborations with the National Science 
        Foundation on relevant projects; and
            (2) utilize components of existing accelerator facilities 
        to produce neutrino beams of sufficient intensity to explore 
        research priorities identified by the High Energy Physics 
        Advisory Panel or the National Academy of Sciences.
    (c) Dark Energy and Dark Matter Research.--As part of the program 
described in subsection (a), the Director shall carry out research 
activities on the nature of dark energy and dark matter. These 
activities shall be consistent with research priorities identified by 
the High Energy Physics Advisory Panel or the National Academy of 
Sciences, and may include--
            (1) the development of space-based and land-based 
        facilities and experiments; and
            (2) collaborations with the National Aeronautics and Space 
        Administration, the National Science Foundation, or 
        international collaborations on relevant research projects.
    (d) Accelerator Research and Development.--The Director shall carry 
out research and development in advanced accelerator concepts and 
technologies to reduce the necessary scope and cost for the next 
generation of particle accelerators.
    (e) International Collaboration.--The Director, as practicable and 
in coordination with other appropriate Federal agencies as necessary, 
shall ensure the access of United States researchers to the most 
advanced accelerator facilities and research capabilities in the world, 
including the Large Hadron Collider.

SEC. 609. NUCLEAR PHYSICS PROGRAM.

    (a) Program.--As part of the activities authorized under section 
603, the Director shall carry out a research program, and support 
relevant facilities, to discover and understand various forms of 
nuclear matter.
    (b) Facility Construction and Upgrades.--Consistent with the Office 
of Science's project management practices, the Director shall carry 
out--
            (1) an upgrade of the Continuous Electron Beam Accelerator 
        Facility to a 12 gigaelectronvolt beam of electrons; and
            (2) construction of the Facility for Rare Isotope Beams.
    (c) Isotope Development and Production for Research Applications.--
The Director shall carry out a program for the production of isotopes, 
including the development of techniques to produce isotopes, that the 
Secretary determines are needed for research, excluding medical 
research. In making this determination, the Secretary shall consider 
any relevant recommendations made by Federal advisory committees, the 
National Academies, and interagency working groups in which the 
Department participates.

SEC. 610. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.

    (a) Program.--The Director shall carry out a program to improve the 
safety, efficiency, and mission readiness of infrastructure at Office 
of Science laboratories. The program shall include projects to--
            (1) renovate or replace space that does not meet research 
        needs;
            (2) replace facilities that are no longer cost effective to 
        renovate or operate;
            (3) modernize utility systems to prevent failures and 
        ensure efficiency;
            (4) remove excess facilities to allow safe and efficient 
        operations; and
            (5) construct modern facilities to conduct advanced 
        research in controlled environmental conditions.
    (b) Minor Construction Projects.--
            (1) Authority.--Using operation and maintenance funds or 
        facilities and infrastructure funds authorized by law, the 
        Secretary may carry out minor construction projects with 
        respect to laboratories administered by the Office of Science.
            (2) Annual report.--The Secretary shall submit to Congress, 
        as part of the annual budget submission of the Department, a 
        report on each exercise of the authority under subsection (a) 
        during the preceding fiscal year. Each report shall include a 
        summary of maintenance and infrastructure needs and associated 
        funding requirements at each of the laboratories, including the 
        amount of both planned and deferred infrastructure spending at 
        each laboratory. Each report shall provide a brief description 
        of each minor construction project covered by the report.
            (3) Cost variation reports.--If, at any time during the 
        construction of any minor construction project, the estimated 
        cost of the project is revised and the revised cost of the 
        project exceeds the minor construction threshold, the Secretary 
        shall immediately submit to Congress a report explaining the 
        reasons for the cost variation.
            (4) Definitions.--In this section--
                    (A) the term ``minor construction project'' means 
                any plant project not specifically authorized by law 
                for which the approved total estimated cost does not 
                exceed the minor construction threshold; and
                    (B) the term ``minor construction threshold'' means 
                $10,000,000, with such amount to be adjusted by the 
                Secretary in accordance with the Engineering News-
                Record Construction Cost Index, or an appropriate 
                alternative index as determined by the Secretary, once 
                every five years after the date of enactment of this 
                Act.
            (5) Nonapplicability.--Sections 4703 and 4704 of the Atomic 
        Energy Defense Act (50 U.S.C. 2743 and 2744) shall not apply to 
        laboratories administered by the Office of Science.

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for the 
activities of the Office of Science--
            (1) $5,247,000,000 for fiscal year 2011, of which--
                    (A) $1,875,000,000 shall be for Basic Energy 
                Sciences activities under section 604;
                    (B) $667,000,000 shall be for Biological and 
                Environmental Research activities under section 605; 
                and
                    (C) $466,000,000 shall be for Advanced Scientific 
                Computing Research activities under section 606;
            (2) $5,614,000,000 for fiscal year 2012, of which--
                    (A) $2,025,000,000 shall be for Basic Energy 
                Sciences activities under section 604;
                    (B) $720,000,000 shall be for Biological and 
                Environmental Research activities under section 605; 
                and
                    (C) $503,000,000 shall be for Advanced Scientific 
                Computing Research activities under section 606; and
            (3) $6,007,000,000 for fiscal year 2013, of which--
                    (A) $2,187,000,000 shall be for Basic Energy 
                Sciences activities under section 604;
                    (B) $778,000,000 shall be for Biological and 
                Environmental Research activities under section 605; 
                and
                    (C) $544,000,000 shall be for Advanced Scientific 
                Computing Research activities under section 606.

         Subtitle B--Advanced Research Projects Agency--Energy

SEC. 621. SHORT TITLE.

    This subtitle may be cited as the ``ARPA-E Reauthorization Act of 
2010''.

SEC. 622. ARPA-E AMENDMENTS.

    Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is 
amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (A), by inserting ``and 
                applied'' after ``advances in fundamental'';
                    (B) by striking ``and'' at the end of subparagraph 
                (B);
                    (C) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(D) promoting the commercial application of 
                advanced energy technologies.'';
            (2) in subsection (e)(3), by amending subparagraph (C) to 
        read as follows:
                    ``(C) research and development of advanced 
                manufacturing process and technologies for the domestic 
                manufacturing of novel energy technologies; and'';
            (3) in subsection (e)--
                    (A) by striking ``and'' at the end of paragraph 
                (3)(D);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) pursuant to subsection (c)(2)(C)--
                    ``(A) ensuring that applications for funding 
                disclose the extent of current and prior efforts, 
                including monetary investments as appropriate, in 
                pursuit of the technology area for which funding is 
                being requested;
                    ``(B) adopting measures to ensure that, in making 
                awards, program managers adhere to the objectives in 
                subsection (c)(2)(C); and
                    ``(C) providing as part of the annual report 
                required by subsection (h)(1) a summary of the 
                instances of and reasons for ARPA-E funding projects in 
                technology areas already being undertaken by 
                industry.'';
            (4) by redesignating subsections (f) through (m) as 
        subsections (g), (h), (i), (j), (l), (m), (n), and (o), 
        respectively;
            (5) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Awards.--In carrying out this section, the Director may 
initiate and execute awards in the form of grants, contracts, 
cooperative agreements, cash prizes, and other transactions. The 
Director shall make awards designed to overcome the long-term and high-
risk barriers relating to the goals and means set forth in subsection 
(c) and facilitate submissions, where possible by small businesses and 
entrepreneurs, pursuant to announcements published not less frequently 
than annually, of funding opportunities for--
            ``(1) specific areas of technological innovation; and
            ``(2) broadly defined areas of science and technology,
to remain open for periods of one year.'';
            (6) in subsection (g), as so redesignated by paragraph (4) 
        of this section--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated by subparagraph (A) of this paragraph, the 
                following new paragraph:
            ``(1) In general.--The Director shall establish and 
        maintain within ARPA-E a staff with sufficient qualifications 
        and expertise to enable ARPA-E to carry out its 
        responsibilities under this section in conjunction with the 
        operations of the rest of the Department.'';
                    (C) in paragraph (2)(A), as so redesignated by 
                subparagraph (A) of this paragraph--
                            (i) in the paragraph heading, by striking 
                        ``Program managers'' and inserting ``Program 
                        directors'';
                            (ii) by striking ``program managers'' and 
                        inserting ``program directors''; and
                            (iii) by striking ``each of'';
                    (D) in paragraph (2)(B), as so redesignated by 
                subparagraph (A) of this paragraph--
                            (i) by striking ``program manager'' and 
                        inserting ``program director'';
                            (ii) in clause (iv), by striking ``, with 
                        advice under subsection (j) as appropriate,'';
                            (iii) by redesignating clauses (v) and (vi) 
                        as clauses (vi) and (viii), respectively;
                            (iv) by inserting after clause (iv) the 
                        following new clause:
                            ``(v) identifying innovative cost-sharing 
                        arrangements for ARPA-E projects, including 
                        through use of the authority under section 
                        988(b)(3) of the Energy Policy Act of 2005 (42 
                        U.S.C. 16352(b)(3));'';
                            (v) in clause (vi), as so redesignated by 
                        clause (iii) of this subparagraph, by striking 
                        ``; and'' and inserting a semicolon; and
                            (vi) by inserting after clause (vi), as so 
                        redesignated by clause (iii) of this 
                        subparagraph, the following new clause:
                            ``(vii) identifying mechanisms for 
                        commercial application of successful energy 
                        technology development projects, including 
                        through establishment of partnerships between 
                        awardees and commercial entities; and'';
                    (E) in paragraph (2)(C), as so redesignated by 
                subparagraph (A) of this paragraph, by inserting ``up 
                to'' after ``shall be'';
                    (F) in paragraph (3)(B), as so redesignated by 
                subparagraph (A) of this paragraph, by striking ``not 
                less than 70, and not more than 120,'' and inserting 
                ``not more than 120''; and
                    (G) by adding at the end the following new 
                paragraph:
            ``(4) Fellowships.--The Director is authorized to select 
        exceptional early-career and senior scientific, legal, 
        business, and technical personnel to serve as fellows to work 
        at ARPA-E for terms not to exceed two years. Responsibilities 
        of fellows may include--
                    ``(A) supporting program directors in program 
                creation, design, implementation, and management;
                    ``(B) exploring technical fields for future ARPA-E 
                program areas;
                    ``(C) assisting the Director in the creation of the 
                strategic vision for ARPA-E referred to in subsection 
                (h)(2);
                    ``(D) preparing energy technology and economic 
                analyses; and
                    ``(E) any other appropriate responsibilities 
                identified by the Director.'';
            (7) in subsection (h)(2), as so redesignated by paragraph 
        (4) of this section--
                    (A) by striking ``2008'' and inserting ``2010''; 
                and
                    (B) by striking ``2011'' and inserting ``2013'';
            (8) by amending subsection (j), as so redesignated by 
        paragraph (4) of this section, to read as follows:
    ``(j) Federal Demonstration of Technologies.--The Director shall 
seek opportunities to partner with purchasing and procurement programs 
of Federal agencies to demonstrate energy technologies resulting from 
activities funded through ARPA-E.'';
            (9) by inserting after such subsection (j) the following 
        new subsection:
    ``(k) Events.--
            ``(1) The Director is authorized to convene, organize, and 
        sponsor events that further the objectives of ARPA-E, including 
        events that assemble awardees, the most promising applicants 
        for ARPA-E funding, and a broad range of ARPA-E stakeholders 
        (which may include members of relevant scientific research and 
        academic communities, government officials, financial 
        institutions, private investors, entrepreneurs, and other 
        private entities), for the purposes of--
                    ``(A) demonstrating projects of ARPA-E awardees;
                    ``(B) demonstrating projects of finalists for ARPA-
                E awards and other energy technology projects;
                    ``(C) facilitating discussion of the commercial 
                application of energy technologies developed under 
                ARPA-E and other government-sponsored research and 
                development programs; or
                    ``(D) such other purposes as the Director considers 
                appropriate.
            ``(2) Funding for activities described in paragraph (1) 
        shall be provided as part of the technology transfer and 
        outreach activities authorized under subsection (o)(4)(B).'';
            (10) in subsection (m)(1), as so redesignated by paragraph 
        (4) of this section, by striking ``4 years'' and inserting ``6 
        years'';
            (11) in subsection (m)(2)(B), as so redesignated by 
        paragraph (4) of this section, by inserting ``, and how those 
        lessons may apply to the operation of other programs within the 
        Department of Energy'' after ``ARPA-E'';
            (12) by amending subsection (o)(2), as so redesignated by 
        paragraph (4) of this section, to read as follows:
            ``(2) Authorization of appropriations.--Subject to 
        paragraph (4), there are authorized to be appropriated to the 
        Director for deposit in the Fund, without fiscal year 
        limitation--
                    ``(A) $300,000,000 for fiscal year 2011;
                    ``(B) $450,000,000 for fiscal year 2012; and
                    ``(C) $600,000,000 for fiscal year 2013.'';
            (13) in subsection (o), as so redesignated by paragraph (4) 
        of this section, by--
                    (A) striking paragraph (4); and
                    (B) redesignating paragraph (5) as paragraph (4); 
                and
            (14) in subsection (o)(4)(B), as so redesignated by 
        paragraphs (4) and (13)(B) of this subsection--
                    (A) by striking ``2.5 percent'' and inserting ``5 
                percent''; and
                    (B) by inserting ``, consistent with the goal 
                described in subsection (c)(2)(D) and within the 
                responsibilities of program directors as specified in 
                subsection (g)(2)(B)(vii)'' after ``outreach 
                activities''.

                   Subtitle C--Energy Innovation Hubs

SEC. 631. SHORT TITLE.

    This subtitle may be cited as the ``Energy Innovation Hubs 
Authorization Act of 2010''.

SEC. 632. ENERGY INNOVATION HUBS.

    (a) Establishment of Program.--
            (1) In general.--The Secretary of Energy shall carry out a 
        program to enhance the Nation's economic, environmental, and 
        energy security by making grants to consortia for establishing 
        and operating Energy Innovation Hubs to conduct and support, 
        whenever practicable at one centralized location, 
        multidisciplinary, collaborative research, development, 
        demonstration, and commercial application of advanced energy 
        technologies in areas not being served by the private sector.
            (2) Technology development focus.--The Secretary shall 
        designate for each Hub a unique advanced energy technology 
        development focus.
            (3) Coordination.--The Secretary shall ensure the 
        coordination of, and avoid unnecessary duplication of, the 
        activities of Hubs with those of other Department of Energy 
        research entities, including the National Laboratories, the 
        Advanced Research Projects Agency--Energy, and Energy Frontier 
        Research Centers, and within industry. Such coordination shall 
        include convening and consulting with representatives of staff 
        of the Department of Energy, representatives from Hubs and the 
        qualifying entities that are members of the consortia operating 
        the Hubs, and representatives of such other entities as the 
        Secretary considers appropriate, to share research results, 
        program plans, and opportunities for collaboration.
            (4) Administration.--The Secretary shall administer this 
        section with respect to each Hub through the Department program 
        office appropriate to administer the subject matter of the 
        technology development focus assigned under paragraph (2) for 
        the Hub.
    (b) Consortia.--
            (1) Eligibility.--To be eligible to receive a grant under 
        this section for the establishment and operation of a Hub, a 
        consortium shall--
                    (A) be composed of no fewer than 2 qualifying 
                entities;
                    (B) operate subject to a binding agreement entered 
                into by its members that documents--
                            (i) the proposed partnership agreement, 
                        including the governance and management 
                        structure of the Hub;
                            (ii) measures to enable cost-effective 
                        implementation of the program under this 
                        section;
                            (iii) a proposed budget, including 
                        financial contributions from non-Federal 
                        sources;
                            (iv) conflict of interest procedures 
                        consistent with subsection (d)(3), all known 
                        material conflicts of interest, and 
                        corresponding mitigation plans;
                            (v) an accounting structure that enables 
                        the Secretary to ensure that the consortium has 
                        complied with the requirements of this section; 
                        and
                            (vi) an external advisory committee 
                        consistent with subsection (d)(2); and
                    (C) operate as a nonprofit organization.
            (2) Application.--A consortium seeking to establish and 
        operate a Hub under this section, acting through a prime 
        applicant, shall transmit to the Secretary an application at 
        such time, in such form, and accompanied by such information as 
        the Secretary shall require, including a detailed description 
        of the elements of the consortium agreement required under 
        paragraph (1)(B). If the consortium members will not be located 
        at one centralized location, such application shall include a 
        communications plan that ensures close coordination and 
        integration of the Hub's activities.
    (c) Selection and Schedule.--The Secretary shall select consortia 
for grants for the establishment and operation of Hubs through 
competitive selection processes. In selecting consortia, the Secretary 
shall consider the information a consortium must disclose according to 
subsection (b), as well as any existing facilities a consortium will 
provide for Hub activities. Grants made to a Hub shall be for a period 
not to exceed 5 years, after which the grant may be renewed, subject to 
a competitive selection process.
    (d) Hub Operations.--
            (1) In general.--Hubs shall conduct or provide for 
        multidisciplinary, collaborative research, development, 
        demonstration, and commercial application of advanced energy 
        technologies within the technology development focus designated 
        for the Hub by the Secretary under subsection (a)(2). Each Hub 
        shall--
                    (A) encourage collaboration and communication among 
                the member qualifying entities of the consortium and 
                awardees by conducting activities whenever practicable 
                at one centralized location;
                    (B) develop and publish on the Department of 
                Energy's website proposed plans and programs;
                    (C) submit an annual report to the Secretary 
                summarizing the Hub's activities, including detailing 
                organizational expenditures, listing external advisory 
                committee members, and describing each project 
                undertaken by the Hub; and
                    (D) monitor project implementation and 
                coordination.
            (2) External advisory committee.--Each Hub shall establish 
        an external advisory committee, the membership of which shall 
        have sufficient expertise to advise and provide guidance on 
        scientific, technical, industry, financial, and research 
        management matters.
            (3) Conflicts of interest.--
                    (A) Procedures.--Hubs shall establish conflict of 
                interest procedures, consistent with those of the 
                Department of Energy, to ensure that employees and 
                consortia designees for Hub activities who are in 
                decisionmaking capacities disclose all material 
                conflicts of interest, including financial, 
                organizational, and personal conflicts of interest.
                    (B) Disqualification and revocation.--The Secretary 
                may disqualify an application or revoke funds 
                distributed to a Hub if the Secretary discovers a 
                failure to comply with conflict of interest procedures 
                established under subparagraph (A).
    (e) Prohibition on Construction.--
            (1) In general.--No funds provided pursuant to this section 
        may be used for construction of new buildings or facilities for 
        Hubs. Construction of new buildings or facilities shall not be 
        considered as part of the non-Federal share of a Hub cost-
        sharing agreement.
            (2) Test bed and renovation exception.--Nothing in this 
        subsection shall prohibit the use of funds provided pursuant to 
        this section, or non-Federal cost share funds, for the 
        construction of a test bed or renovations to existing buildings 
        or facilities for the purposes of research if the Oversight 
        Board determines that the test bed or renovations are limited 
        to a scope and scale necessary for the research to be 
        conducted.
    (f) Oversight Board.--The Secretary shall establish and maintain 
within the Department an Oversight Board to oversee the progress of 
Hubs.
    (g) Priority Consideration.--The Secretary shall give priority 
consideration to applications in which 1 or more of the institutions 
under subsection (b)(1)(A) are 1890 Land Grant Institutions (as defined 
in section 2 of the Agricultural Research, Extension, and Education 
Reform Act of 1998 (7 U.S.C. 7061)), Predominantly Black Institutions 
(as defined in section 318 of the Higher Education Act of 1965 (20 
U.S.C. 1059e)), Tribal Colleges or Universities (as defined in section 
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), or 
Hispanic Serving Institutions (as defined in section 318 of the Higher 
Education Act of 1965 (20 U.S.C. 1059e)).
    (h) Definitions.--For purposes of this section:
            (1) Advanced energy technology.--The term ``advanced energy 
        technology'' means an innovative technology--
                    (A) that produces energy from solar, wind, 
                geothermal, biomass, tidal, wave, ocean, or other 
                renewable energy resources;
                    (B) that produces nuclear energy;
                    (C) for carbon capture and sequestration;
                    (D) that enables advanced vehicles, vehicle 
                components, and related technologies that result in 
                significant energy savings;
                    (E) that generates, transmits, distributes, 
                utilizes, or stores energy more efficiently than 
                conventional technologies, including through Smart Grid 
                technologies; or
                    (F) that enhances the energy independence and 
                security of the United States by enabling improved or 
                expanded supply and production of domestic energy 
                resources, including coal, oil, and natural gas.
            (2) Hub.--The term ``Hub'' means an Energy Innovation Hub 
        established in accordance with this section.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (4) Qualifying entity.--The term ``qualifying entity'' 
        means--
                    (A) an institution of higher education;
                    (B) an appropriate State or Federal entity, 
                including the Department of Energy Federally Funded 
                Research and Development Centers;
                    (C) a nongovernmental organization with expertise 
                in advanced energy technology research, development, 
                demonstration, or commercial application; or
                    (D) any other relevant entity the Secretary 
                considers appropriate.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            (1) $110,000,000 for fiscal year 2011;
            (2) $135,000,000 for fiscal year 2012; and
            (3) $195,000,000 for fiscal year 2013.

         Subtitle D--Cooperative Research and Development Fund

SEC. 641. SHORT TITLE.

    This subtitle may be cited as the ``Cooperative Research and 
Development Fund Authorization Act of 2010''.

SEC. 642. COOPERATIVE RESEARCH AND DEVELOPMENT FUND.

    (a) In General.--The Secretary of Energy shall make funds available 
to Department of Energy National Laboratories for the Federal share of 
cooperative research and development agreements. The Secretary of 
Energy shall determine the apportionment of such funds to each 
Department of Energy National Laboratory and shall ensure that special 
consideration is given to small business firms and consortia involving 
small business firms in the selection process for which cooperative 
research and development agreements will receive such funds.
    (b) Reporting.--Each year the Secretary shall submit to Congress a 
report that describes how funds were expended under this subtitle.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section each fiscal year. No funds allocated for this section 
shall come from funds allocated for the Office of Science.

                Subtitle E--Technology Transfer Database

SEC. 651. TECHNOLOGY TRANSFER DATABASE.

    To support the commercial application of new energy technologies 
development by the Department of Energy, the Secretary of Energy may 
establish an online database of technologies, capabilities, and 
resources available to the public at the National Laboratories.

                        TITLE VII--MISCELLANEOUS

SEC. 701. SENSE OF CONGRESS.

    It is the sense of Congress that, among the programs and activities 
authorized in this Act, those that correspond to the recommendations of 
the National Academy of Sciences' 2005 report entitled ``Rising Above 
the Gathering Storm'' remain critical to maintaining long-term United 
States economic competitiveness, and accordingly shall receive funding 
priority.

SEC. 702. PERSONS WITH DISABILITIES.

    For the purposes of the activities and programs supported by this 
Act and the amendments made by this Act--
            (1) institutions of higher education chartered to serve 
        large numbers of students with disabilities, including 
        Gallaudet University, Landmark College, and the National 
        Technical Institute for the Deaf, and institutions of higher 
        education offering science, technology, engineering, and 
        mathematics research and education activities and programs that 
        serve veterans with disabilities, shall receive special 
        consideration in the review of any proposals by these 
        institutions for funding under the research and education 
        programs authorized in this Act to ensure that institutions of 
        higher education chartered to or serving persons with 
        disabilities benefit from such research and education 
        activities and programs; and
            (2) agencies with respect to which appropriations are 
        authorized under this Act shall also conduct outreach to 
        veterans with disabilities pursuing studies in science, 
        technology, engineering, and mathematics to ensure that such 
        veterans are aware of and benefit from the research and 
        education activities and programs authorized by this Act.

SEC. 703. VETERANS AND SERVICE MEMBERS.

    In awarding scholarships and fellowships under this Act, an 
institution of higher education shall give preference to applications 
from veterans and service members, including those who have received or 
will receive the Afghanistan Campaign Medal or the Iraq Campaign Medal 
as authorized by Public Law 108-234 (10 U.S.C. 1121 note; 118 Stat. 
655) and Executive Order No. 13363.

SEC. 704. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

SEC. 705. LIMITATION ON EMPLOYMENT AND RECEIPT OF FUNDS.

    No funds authorized under this Act shall be used for the employment 
of, or shall be received by, any individual who has been convicted of, 
or pleaded guilty to, a crime of child molestation, rape, or any other 
form of sexual assault.

SEC. 706. PROHIBITION ON LOBBYING.

    Nothing in this Act shall be construed to supercede section 1913 of 
title 18, United States Code.

SEC. 707. INFORMATION REQUESTS BY LABOR ORGANIZATIONS.

    (a) Eligibility for Funds.--Notwithstanding any other provision of 
this Act, an institution of higher education that employs employees who 
are represented by a labor organization shall be eligible to receive 
funding for facilities and administrative costs for an activity or 
program supported by this Act or the amendments made by this Act only 
if the institution maintains a policy that meets the requirements set 
forth in subsection (b).
    (b) Requirements.--A policy described under subsection (a) shall 
require that the institution provide, within 15 days of receipt of a 
request by a labor organization representing employees of the 
institution, any information which the labor organization has a lawful 
right to obtain under applicable labor laws. Such a policy shall 
provide that, on a case-by-case basis, such 15 days may be extended to 
a longer time period by mutual agreement of the labor organization and 
the institution.
    (c) Failure To Comply With Policy.--
            (1) Complaint of noncompliance.--In the case of an 
        institution of higher education that does not provide 
        information requested by a labor organization in compliance 
        with the requirements of a policy described in subsections (a) 
        and (b), the labor organization may file a complaint of 
        noncompliance with the head of the agency overseeing any 
        activity or program supported by this Act or the amendments 
        made by this Act for which the institution is receiving funds.
            (2) Notification to institution.--Upon receiving such a 
        complaint, the head of such agency shall notify the institution 
        of the complaint and provide the institution an additional 30 
        days to provide the requested information to the labor 
        organization or otherwise explain why the complaint of non-
        compliance is not valid.
            (3) Agency action.--If the information has not been 
        provided by the institution at the conclusion of such 30 day 
        period and the head of such agency determines the complaint to 
        be valid, the head of such agency shall suspend payment of any 
        funds for facilities and administrative costs that would 
        otherwise be available to such institution for all activities 
        and programs supported by this Act and the amendments made by 
        this Act until such time as the requested information has been 
        provided by the institution.
    (d) Definitions.--For purposes of this section--
            (1) the term ``institution of higher education'' has the 
        meaning given such term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)); and
            (2) the term ``facilities and administrative costs'' means 
        facilities and administrative (F&A) costs as defined in the 
        Office of Management and Budget Revised Circular A-21 (Cost 
        Principles for Educational Institutions, published in the 
        Federal Register on May 10, 2004).
    (e) Effective Date.--This section shall take effect on January 1, 
2011.

SEC. 708. LIMITATION ON USE OF FUNDS.

    No funds authorized to be appropriated by this Act or the 
amendments made by this Act may be used to purchase gift items, 
knickknacks, souvenirs, trinkets, or other items without direct 
educational value.

SEC. 709. NO SALARIES FOR VIEWING PORNOGRAPHY.

    None of the funds authorized under this Act may be used to pay the 
salary of any individual who has been officially disciplined for 
violations of subpart G of the Standards of Ethical Conduct for 
Employees of the Executive Branch for viewing, downloading, or 
exchanging pornography, including child pornography, on a Federal 
Government computer or while performing official Federal Government 
duties.
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