(3) address the need for long-term preservation 
and stewardship of all forms of digital research data, 
including by supporting research on tools and sys-
tems required to ensure preservation and steward-
ship; 
(4) take into account comparable policies in 
other countries; and 
(5) take into account research data that ad-
vance collective understanding and knowledge in 
some science and engineering disciplines but are not 
necessarily published in scholarly journals. 
(d) STAKEHOLDER INPUT.—In developing any poli-
cies related to public access to the results of federally 
funded research, the Director, acting through the working 
group established under subsection (b), shall solicit input 
and recommendations from and collaborate with non-Fed-
eral stakeholders, including universities, nonprofit and for- 
profit publishers, libraries, and other organizations and in-
stitutions with a stake in long term preservation and ac-
cess to the results of federally funded research, including 
relevant international organizations. 
(e) EXCLUSIONS.—Federal policies developed under 
this section shall not apply to— 
(1) research progress reports presented at pro-
fessional meetings or conferences; 
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(2) laboratory notes, preliminary data analyses, 
notes of the author, phone logs, or other information 
used to produce scholarly publications except for the 
data reported in the publications; 
(3) classified research, or research resulting in 
works that generate revenue or royalties for authors 
(such as books) or patentable discoveries, to the ex-
tent necessary to protect a copyright or patent; or 
(4) original research papers that are rejected by 
scholarly journals. 
(f) 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. 
(g) 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 the status of any Federal 
science agency policies related to public access to the re-
sults of federally funded research, including a description 
of the extent to which the policies meet the requirements 
in subsection (c), and a description of how the Federal 
science agencies will continue to work toward achieving 
any of the requirements in subsection (c) that are not yet 
achieved at the time of the report. 
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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 es-
tablished 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 
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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 Co-
lumbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, the Common-
wealth 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 $8,219,670,000 for 
fiscal year 2011. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
(A) $6,600,000,000 shall be made avail-
able for research and related activities; 
(B) $1,104,000,000 shall be made avail-
able for education and human resources; 
(C) $166,000,000 shall be made available 
for major research equipment and facilities con-
struction; 
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(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 $8,932,080,000 for 
fiscal year 2012. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
(A) $7,128,000,000 shall be made avail-
able for research and related activities; 
(B) $1,192,320,000 shall be made avail-
able for education and human resources; 
(C) $235,000,000 shall be made available 
for major research equipment and facilities con-
struction; 
(D) $356,400,000 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. 
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(c) FISCAL YEAR 2013.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Foundation $9,555,160,000 for 
fiscal year 2013. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
(A) $7,626,960,000 shall be made avail-
able for research and related activities; 
(B) $1,275,780,000 shall be made avail-
able for education and human resources; 
(C) $250,000,000 shall be made available 
for major research equipment and facilities con-
struction; 
(D) $381,350,000 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. 
(d) FISCAL YEAR 2014.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Foundation $10,112,940,000 for 
fiscal year 2014. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
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(A) $8,084,580,000 shall be made avail-
able for research and related activities; 
(B) $1,352,330,000 shall be made avail-
able for education and human resources; 
(C) $250,000,000 shall be made available 
for major research equipment and facilities con-
struction; 
(D) $404,230,000 shall be made available 
for agency operations and award management; 
(E) $5,370,000 shall be made available for 
the Office of the National Science Board; and 
(F) $16,440,000 shall be made available 
for the Office of Inspector General. 
(e) FISCAL YEAR 2015.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Foundation $10,704,180,000 for 
fiscal year 2015. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
(A) $8,569,650,000 shall be made avail-
able for research and related activities; 
(B) $1,433,470,000 shall be made avail-
able for education and human resources; 
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(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 Cri-
terion that— 
(1) provides for educating professional staff at 
the Foundation, merit review panels, and applicants 
for Foundation research grants on the policy devel-
oped under this subsection; 
(2) clarifies that the activities of grant recipi-
ents undertaken to satisfy the Broader Impacts Re-
view Criterion shall— 
(A) to the extent practicable employ proven 
strategies and models and draw on existing pro-
grams and activities; and 
(B) when novel approaches are justified, 
build on the most current research results; 
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(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 im-
pacts activity; 
(4) encourages institutions of higher education 
and other nonprofit education or research organiza-
tions to develop and provide, either as individual in-
stitutions or in partnerships thereof, appropriate 
training and programs to assist Foundation-funded 
principal investigators at their institutions in achiev-
ing the goals of the Broader Impacts Review Cri-
terion 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 investiga-
tor’s proposal designed to satisfy the Broader Im-
pacts Review Criterion, including evidence of rel-
evant training, programs, and other institutional re-
sources available to the investigator from either their 
home institution or organization or another institu-
tion or organization with relevant expertise. 
SEC. 215. NATIONAL CENTER FOR SCIENCE AND ENGINEER-
ING STATISTICS. 
(a) ESTABLISHMENT.—There is established within 
the Foundation a National Center for Science and Engi-
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neering Statistics (in this section referred to as the ‘‘Cen-
ter’’), that shall serve as a central Federal clearinghouse 
for the collection, interpretation, analysis, and dissemina-
tion 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 dis-
seminate statistical data related to the science and 
engineering enterprise in the United States and 
other nations that is relevant and useful to practi-
tioners, 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 
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(3) support the education and training of re-
searchers in the use of large-scale, nationally rep-
resentative data sets. 
(c) STATISTICAL REPORTS.—The Director or the Na-
tional 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 re-
quired by section 4 (j)(1) of the National Science Founda-
tion Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of 
the state of science and engineering in the United States. 
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 infrastruc-
ture, 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— 
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(1) develop solicitations specifically for high- 
risk, high-reward basic research; 
(2) establish review panels for the primary pur-
pose of selecting high-risk, high-reward proposals or 
modify instructions to standard review panels to re-
quire identification of high-risk, high-reward pro-
posals; and 
(3) support workshops and participate in con-
ferences with the primary purpose of identifying new 
opportunities for high-risk, high-reward basic re-
search, especially at interdisciplinary interfaces. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘high-risk, high-reward basic research’’ means re-
search driven by ideas that have the potential to radically 
change our understanding of an important existing sci-
entific 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 under-
standing or its pathway to new frontiers. 
SEC. 222. FACILITATING INTERDISCIPLINARY COLLABORA-
TIONS FOR NATIONAL NEEDS. 
(a) IN GENERAL.—The Director shall award competi-
tive, merit-based awards in amounts not to exceed 
$5,000,000 over a period of up to 5 years to interdiscipli-
nary research collaborations that are likely to assist in ad-
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dressing critical challenges to national security, competi-
tiveness, and societal well-being and that— 
(1) involve at least 2 co-equal principal inves-
tigators at the same or different institutions; 
(2) draw upon well-integrated, diverse teams of 
investigators, including students or postdoctoral re-
searchers, 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 MANUFAC-
TURING 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, produc-
tivity, sustainability, and competitiveness. Research areas 
may include— 
(1) nanomanufacturing; 
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(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 sim-
ulations, and virtual manufacturing. 
SEC. 224. STRENGTHENING INSTITUTIONAL RESEARCH 
PARTNERSHIPS. 
(a) IN GENERAL.—For any Foundation research 
grant, in an amount greater than $2,000,000, to be car-
ried out through a partnership that includes one or more 
minority-serving institutions or predominantly under-
graduate institutions and one or more institutions de-
scribed 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 under-
graduate institution, to ensure a strong and equitable 
partnership. 
(b) INSTITUTIONS.—The institutions referred to in 
subsection (a) are institutions of higher education that are 
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among the 100 institutions receiving, over the 3-year pe-
riod immediately preceding the awarding of grants, the 
highest amount of research funding from the Foundation. 
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 Instrumen-
tation program and the very large projects funded by the 
Major Research Equipment and Facilities Construction 
program. 
(b) REPORT ON MID-SCALE RESEARCH INSTRUMEN-
TATION 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 instru-
mentation 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 dis-
ciplines and Foundation research directorates; 
(2) a recommendation or recommendations re-
garding how the Foundation should set priorities for 
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mid-scale instrumentation across disciplines and 
Foundation research directorates; 
(3) a recommendation or recommendations re-
garding the appropriateness of expanding existing 
programs, including the Major Research Instrumen-
tation program or the Major Research Equipment 
and Facilities Construction program, to support 
more instrumentation at the mid-scale; 
(4) a recommendation or recommendations re-
garding the need for and appropriateness of a new, 
Foundation-wide program or initiative in support of 
mid-scale 
instrumentation, 
including 
any 
rec-
ommendations regarding the administration of and 
budget for such a program or initiative and the ap-
propriate 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 re-
search instrumentation at the Foundation. 
SEC. 226. SENSE OF CONGRESS ON OVERALL SUPPORT FOR 
RESEARCH INFRASTRUCTURE AT THE FOUN-
DATION. 
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 
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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 prac-
tical 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 en-
tity; and 
(B) may include other institutions of high-
er education, public sector institutions, and pri-
vate sector entities. 
(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 institu-
tions receiving, over the 3-year period immediately 
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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 college. 
(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 in-
stitutions of higher education that are members of 
the partnership through knowledge transfer or com-
mercialization; 
(2) increase the engagement of faculty and stu-
dents across multiple disciplines and departments, 
including faculty and students in schools of business 
and other appropriate non-STEM fields and dis-
ciplines in knowledge transfer activities; 
(3) enhance education and mentoring of stu-
dents and faculty in innovation and entrepreneur-
ship 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 
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participate in activities related to innovation and 
leading to economic or social impact; 
(5) broaden the participation of all types of in-
stitutions of higher education in activities to meet 
STEM workforce needs and promote innovation and 
knowledge transfer; and 
(6) build lasting partnerships with local and re-
gional businesses, local and State governments, and 
other relevant entities. 
(d) ADDITIONAL CRITERIA.—In selecting grant re-
cipients 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 de-
scribed in subsection (c); 
(2) expansion to a university-wide program if 
the initial proposal is not for a university-wide pro-
gram; and 
(3) sustaining any new innovation tools and re-
sources generated from funding under this program. 
(e) LIMITATION.—No funds provided under this sec-
tion may be used to construct or renovate a building or 
structure. 
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SEC. 228. PRIZE AWARDS. 
(a) 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. 
(b) TOPICS.—In identifying topics for prize competi-
tions under this section, the Director shall— 
(1) consult widely both within and outside the 
Federal Government; 
(2) give priority to high-risk, high-reward re-
search 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. 
(c) TYPES OF CONTESTS.—The Director shall con-
sider all categories of innovation inducement prizes, in-
cluding— 
(1) contests in which the award is to the first 
team or individual who accomplishes a stated objec-
tive; and 
(2) contests in which the winner is the team or 
individual who comes closest to achieving an objec-
tive within a specified time. 
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(d) ADVERTISING AND ANNOUNCEMENT.— 
(1) ADVERTISING AND SOLICITATION OF COM-
PETITORS.—The Director shall widely advertise 
prize competitions to encourage broad participation, 
including by individuals, institutions of higher edu-
cation, nonprofit organizations, and businesses. 
(2) ANNOUNCEMENT THROUGH FEDERAL REG-
ISTER NOTICE.—The Director shall announce each 
prize competition by publishing a notice in the Fed-
eral Register. This notice shall include the subject of 
the competition, the duration of the competition, the 
eligibility requirements for participation in the com-
petition, 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 se-
lected. 
(3) TIME TO ANNOUNCEMENT.—The Director 
shall announce a prize competition within 18 months 
after receipt of appropriated funds. 
(e) FUNDING.— 
(1) FUNDING SOURCES.—Prizes under this sec-
tion shall consist of Federal appropriated funds and 
any funds raised pursuant to donations authorized 
under section 11(f) of the National Science Founda-
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tion 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 
(d)(2) until all of the funds needed to pay out the 
announced amount of the prize have been appro-
priated or committed in writing by another entity 
pursuant to paragraph (1). 
(f) ELIGIBILITY.—To be eligible to win a prize under 
this section, an individual or entity— 
(1) shall have complied with all of the require-
ments under this section; 
(2) in the case of a private entity, shall be in-
corporated in and maintain a primary place of busi-
ness in the United States, and in the case of an in-
dividual, 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 per-
manent residence; and 
(3) shall not be a Federal entity, a Federal em-
ployee acting within the scope of his or her employ-
ment, or a person employed at a Federal laboratory 
acting within the scope of his or her employment. 
(g) AWARDS.— 
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(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 deter-
mine 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 win-
ner, the Director shall determine the winner of the 
prize. 
(4) PUBLIC
OUTREACH.—The Director shall 
publicly award prizes utilizing the Foundation’s ex-
isting public affairs and public outreach resources. 
(h) ADMINISTERING THE COMPETITION.—The Direc-
tor may enter into an agreement with a private, nonprofit 
entity to administer the prize competition, subject to the 
provisions of this section. 
(i) INTELLECTUAL PROPERTY.—The Federal Gov-
ernment 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 sub-
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section shall not be construed to prevent the Federal Gov-
ernment from negotiating a license for the use of intellec-
tual property developed for a prize competition under this 
section. 
(j) LIABILITY.—The Director may require a reg-
istered participant in a prize competition under this sec-
tion to waive liability against the Federal Government for 
injuries and damages that result from participation in 
such competition. 
(k) NONSUBSTITUTION.—Any programs created 
under this section shall not be considered a substitute for 
Federal research and development programs. 
(l) 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 con-
taining 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 achieve-
ments, publications, intellectual property, or com-
mercialized technology that resulted from such com-
petitions; 
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(2) any recommendations regarding changes to, 
the termination of, or continuation of the pilot pro-
gram; 
(3) an analysis of whether the program is at-
tracting contestants more diverse than the Founda-
tion’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 partici-
pants. 
(m) EARLY TERMINATION OF CONTESTS.—The Di-
rector shall terminate a prize contest before any registered 
participant wins if the Director determines that an unreg-
istered entity has produced an innovation that would oth-
erwise have qualified for the prize award. 
(n) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.— 
(A) AWARDS.—There are authorized to be 
appropriated to the Director for the period en-
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compassing 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 appro-
priated for prize awards under this section shall re-
main available until expended, and may be trans-
ferred, reprogrammed, or expended for other pur-
poses 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-Defi-
ciency Act). 
Subtitle C—STEM Education and 
Workforce Training 
SEC. 241. GRADUATE STUDENT SUPPORT. 
(a) FINDING.—The Congress finds that— 
(1) the Integrative Graduate Education and Re-
search Traineeship program is an important pro-
gram for training the next generation of scientists 
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and engineers in team-based interdisciplinary re-
search and problem solving, and for providing them 
with the many additional skills, such as communica-
tion skills, needed to thrive in diverse STEM ca-
reers; and 
(2) the Integrative Graduate Education and Re-
search Traineeship program is no less valuable to 
the preparation and support of graduate students 
than the Foundation’s Graduate Research Fellow-
ship program. 
(b) EQUAL TREATMENT OF IGERT AND GRF.—Be-
ginning in fiscal year 2011, the Director shall increase or, 
if necessary, decrease funding for the Foundation’s Inte-
grative 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 2015, 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. 
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(d) COST OF EDUCATION ALLOWANCE FOR GRF 
PROGRAM.—Section 10 of the National Science Founda-
tion 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 sub-
section: 
‘‘(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 EDU-
CATION 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. 
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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 Foun-
dation, 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 edu-
cational 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 
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(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 per-
manent 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. 
SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PRO-
GRAM. 
(a) SECTION 10 AMENDMENTS.—Section 10 of the 
National Science Foundation Authorization Act of 2002 
(42 U.S.C. 1862n–1) is amended— 
(1) in subsection (c)(4), by striking ‘‘Service re-
quired under this paragraph shall be performed in a 
high-need local educational agency.’’; and 
(2) in subsection (c), by adding at the end a 
new paragraph as follows: 
‘‘(5) EXCEPTION.—The period of service obliga-
tion under paragraph (4) shall be reduced by 1 year 
for scholarship recipients whose service is performed 
in a high-need local educational agency. The Direc-
tor shall establish and maintain a central clearing-
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house of information on teaching opportunities avail-
able in high-need local educational agencies through-
out the United States, which shall be made available 
to individuals having a service obligation under this 
section.’’. 
(b) SECTION 10A AMENDMENTS.—Section 10A of 
the National Science Foundation Authorization Act of 
2002 (42 U.S.C. 1862n–1a) is amended in subsection 
(h)(1) by striking ‘‘50’’ and inserting ‘‘30’’. 
SEC. 244. INSTITUTIONS SERVING PERSONS WITH DISABIL-
ITIES. 
For the purposes of the activities and programs sup-
ported by the Foundation, institutions of higher education 
chartered to serve large numbers of students with disabil-
ities, including Gallaudet University, Landmark College, 
and the National Technical Institute for the Deaf, shall 
be designated as minority-serving institutions. 
SEC. 245. INSTITUTIONAL INTEGRATION. 
(a) INNOVATION THROUGH INSTITUTIONAL INTE-
GRATION.—The Director shall award grants for the insti-
tutional 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 
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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-fund-
ed projects and that provide for— 
(1) additional opportunities to increase the re-
cruitment, retention, and degree attainment of 
underrepresented groups in STEM disciplines; 
(2) the inclusion of programming, practices, 
and policies that encourage the integration of edu-
cation and research; 
(3) seamless transitions from one educational 
level to another; 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 ad-
dresses the goals of project and program integration 
and adds value to the existing funded projects; 
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(2) the extent to which there is a proven record 
of success for the existing projects on which the pro-
posed integration project is based; and 
(3) the extent to which the proposed project ad-
dresses the modification of programming, practices, 
and policies necessary to achieve the purpose de-
scribed in subsection (a). 
(d) PRIORITY.—In selecting recipients of grants 
under this section, the Director shall give priority to pro-
posals for which a senior institutional administrator, in-
cluding 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 pro-
gram, to award competitive, merit-based postdoctoral re-
search 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. 
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(c) ELIGIBILITY.—To be eligible to receive a fellow-
ship 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 fellow-
ships 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 re-
search. 
(e) ADDITIONAL CONSIDERATIONS.—In evaluating 
applications for fellowships under this section, the Direc-
tor shall give consideration to the goal of promoting the 
participation of individuals identified in section 33 or 34 
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of the Science and Engineering Equal Opportunities Act 
(42 U.S.C. 1885a or 1885b). 
(f) NONSUBSTITUTION.—The fellowship program au-
thorized under this section is not intended to replace or 
reduce support for postdoctoral research through existing 
programs at the Foundation. 
SEC. 247. BROADENING PARTICIPATION TRAINING AND 
OUTREACH. 
The Director shall provide education and training— 
(1) to Foundation staff and grant proposal re-
view panels on effective mechanisms and tools for 
broadening participation in STEM by underrep-
resented groups, including reviewer selection and 
mitigation of implicit bias in the review process; and 
(2) to Foundation staff on related outreach ap-
proaches. 
SEC. 248. TRANSFORMING UNDERGRADUATE EDUCATION 
IN STEM. 
Section 17 of the National Science Foundation Au-
thorization 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 
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higher education to reform undergraduate STEM edu-
cation for the purpose of increasing the number and qual-
ity of students studying toward and completing bacca-
laureate degrees in STEM and improving the STEM 
learning outcomes for all undergraduate students, includ-
ing through— 
‘‘(1) development, implementation, and assess-
ment of innovative, research-based approaches to 
transforming the teaching and learning of discipli-
nary or interdisciplinary STEM at the under-
graduate level; and 
‘‘(2) expansion of successful STEM reform ef-
forts beyond a single course or group of courses to 
achieve reform within an entire academic unit, or ex-
pansion 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 inter-
disciplinary courses or programs that formalize col-
laborations for the purpose of improved student in-
struction and research in STEM; 
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‘‘(2) expansion of undergraduate STEM re-
search opportunities to include interdisciplinary re-
search opportunities and research opportunities in 
industry, at Federal labs, and at international re-
search institutions or research sites; 
‘‘(3) implementation or expansion of bridge, co-
hort, tutoring, or mentoring programs proven to en-
hance student recruitment or persistence to degree 
completion in STEM, including programs that ad-
dress student transition from two-year to four-year 
institutions; 
‘‘(4) improvement of undergraduate STEM 
education for nonmajors, including education ma-
jors; 
‘‘(5) implementation of evidence-based, tech-
nology-driven reform efforts that directly impact un-
dergraduate STEM instruction or research experi-
ences; 
‘‘(6) development and implementation of faculty 
and graduate teaching assistant development pro-
grams focused on improved instruction, mentoring, 
assessment of student learning, and support of un-
dergraduate STEM students; 
‘‘(7) 
support 
for 
graduate 
students 
and 
postdoctoral fellows to participate in instructional or 
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assessment activities at primarily undergraduate in-
stitutions; and 
‘‘(8) research on teaching and learning of 
STEM at the undergraduate level related to the pro-
posed reform effort, including assessment and eval-
uation of the proposed reform activities, research on 
scalability and sustainability of approaches to re-
form, and development and implementation of longi-
tudinal studies of students included in the proposed 
reform effort. 
‘‘(c) PARTNERSHIP.—An institution of higher edu-
cation may partner with one or more other nonprofit edu-
cation 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 in-
clude, at a minimum— 
‘‘(A) a description of the proposed reform 
effort; 
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100 
‘‘(B) a description of the research findings 
that will serve as the basis for the proposed re-
form effort or, in the case of applications that 
propose an expansion of a previously imple-
mented reform effort, a description of the pre-
viously implemented reform effort, including in-
dicators of success such as data on student re-
cruitment, 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 in-
cluded 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 assess-
ment and evaluation of the proposed reform ac-
tivities, including evidence of participation by 
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101 
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 under-
taking 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 re-
form 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 assess-
ment and evaluation plans are included in the 
design of the reform effort, including the degree 
to which such assessment and evaluation con-
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102 
tribute 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 adminis-
trator, including a dean or other administrator of 
equal or higher rank, serves as the principal investi-
gator 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 agen-
cies and research laboratories. 
(b) USES OF FUNDS.—Activities supported by grants 
under this section may include— 
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103 
(1) creation of multidisciplinary or interdiscipli-
nary courses or programs for the purpose of im-
proved student instruction and research in STEM; 
(2) expansion of graduate STEM research op-
portunities to include interdisciplinary research op-
portunities and research opportunities in industry, 
at Federal laboratories, and at international re-
search institutions or research sites; 
(3) development and implementation of future 
faculty training programs focused on improved in-
struction, mentoring, assessment of student learn-
ing, 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 in-
stitutions, and primarily undergraduate institutions; 
(5) creation, improvement, or expansion of in-
novative graduate programs such as science master’s 
degree programs; 
(6) development and implementation of semi-
nars, workshops, and other professional development 
activities that increase the ability of graduate stu-
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104 
dents to engage in innovation, technology transfer, 
and entrepreneurship; 
(7) development and implementation of semi-
nars, workshops, and other professional development 
activities that increase the ability of graduate stu-
dents to effectively communicate their research find-
ings to technical audiences outside of their own dis-
cipline and to nontechnical audiences; 
(8) expansion of successful STEM reform ef-
forts beyond a single academic unit to other STEM 
academic units within an institution or to com-
parable 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 edu-
cation may partner with one or more other nonprofit edu-
cation 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 
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105 
submit an application to the Director at such time, 
in such manner, and containing such information as 
the Director may require. The application shall in-
clude, 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 re-
form effort at the applicant’s institution or at 
other institutions, a description of the pre-
viously 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 in-
cluded in the grant proposal or to disseminate 
successful strategies to other institutions; and 
(D) a description of the plans for assess-
ment and evaluation of the grant proposed re-
form activities. 
(2) REVIEW
OF
APPLICATIONS.—In selecting 
grant recipients under this section, the Director 
shall consider at a minimum— 
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(A) the likelihood of success in under-
taking 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 re-
form will contribute to change in institutional 
culture and policy such that a greater value is 
placed on preparing graduate students for di-
verse 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 assess-
ment and evaluation plans are included in the 
design of the reform effort. 
(e) REPEAL.—Section 7034 of the America COM-
PETES 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 Under-
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graduate Program, the Louis Stokes Alliances for Minor-
ity 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), 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 underrep-
resented groups currently provided for by the sepa-
rate 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 
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(2) solicit recommendations and feedback from 
a wide range of stakeholders, including representa-
tives from minority serving institutions, other insti-
tutions of higher education, and other entities with 
expertise on effective mechanisms to increase the re-
cruitment and retention of members of underrep-
resented 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— 
(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 
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(2) 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 stake-
holders, including local and State education officials, 
STEM teachers, STEM education researchers, sci-
entific 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 shall, at a minimum, consider the following top-
ics: 
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(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 im-
prove the teaching and learning of STEM, including 
development of model systems that support improved 
teaching and learning of STEM across entire school 
districts and States, and encompassing and inte-
grating the teaching and learning of STEM in for-
mal and informal venues, and in K–12 schools and 
institutions of higher education. 
(3) Research to understand what makes a 
STEM teacher effective and STEM teacher profes-
sional development effective, including development 
of tools and methodologies to measure STEM teach-
er effectiveness. 
(4) Research and development on cyber-enabled 
tools and programs and television-based tools and 
programs for learning and teaching STEM, includ-
ing development of tools and methodologies for as-
sessing cyber- and television-enabled teaching and 
learning. 
(5) Research and development on STEM teach-
ing and learning in informal environments, including 
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development of tools and methodologies for assessing 
STEM teaching and learning in informal environ-
ments. 
(6) Research and development on how inte-
grating engineering with mathematics and science 
education may— 
(A) improve student learning of mathe-
matics and science; 
(B) increase student interest and persist-
ence in STEM; or 
(C) improve student understanding of engi-
neering design principles and of the built world. 
(d) REPORT
TO CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the Direc-
tor 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 re-
search and development activities to address the 
grand challenges; 
(3) the common metrics that will be used to as-
sess progress toward meeting the grand challenges; 
(4) plans for periodically updating the grand 
challenges; 
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(5) how the agencies will disseminate the re-
sults of research and development activities carried 
out under this section to STEM education practi-
tioners, 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 implementa-
tion of best practices identified by the research and 
development activities. 
SEC. 252. RESEARCH EXPERIENCES FOR UNDERGRADU-
ATES. 
(a) RESEARCH SITES.—The Director shall award 
grants, on a merit-reviewed, competitive basis, to institu-
tions of higher education, nonprofit organizations, or con-
sortia of such institutions and organizations, for sites des-
ignated by the Director to provide research experiences for 
10 or more undergraduate STEM students. 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; 
(2) the awards provide undergraduate research 
experiences in a wide range of STEM disciplines; 
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(3) the awards support a variety of projects, in-
cluding independent investigator-led projects, inter-
disciplinary 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 aca-
demic course of study and to help students achieve 
success in courses of study leading to a bacca-
laureate degree in a STEM field; 
(5) mentors and students are supported with 
appropriate salary or stipends; and 
(6) student participants are tracked, for em-
ployment 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 undergraduate students 
in carrying out the research under the grant shall request 
support, including stipend support, for such under-
graduate students as part of the research proposal itself 
rather than as a supplement to the research proposal, un-
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less such undergraduate participation was not foreseeable 
at the time of the original proposal. 
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 ac-
tivities 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; 
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(2) develop, implement through the partici-
pating 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; and 
(D) with respect to subparagraph (A), de-
scribe the role of each agency in supporting 
programs and activities designed to achieve the 
objectives; and 
(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 underrep-
resented minorities in such programs and activities. 
(e) RESPONSIBILITIES OF OSTP.—The Director of 
the Office of Science and Technology Policy shall encour-
age and monitor the efforts of the participating agencies 
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to ensure that the strategic plan under subsection (d)(2) 
is developed and executed effectively and that the objec-
tives 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 de-
scribing the plan required under subsection (d)(2). The 
annual report shall include— 
(1) a description of the STEM education pro-
grams and activities for the previous and current fis-
cal years, and the proposed programs and activities 
under the President’s budget request, of each par-
ticipating Federal agency; 
(2) the levels of funding for each participating 
Federal agency for the programs and activities de-
scribed under paragraph (1) for the previous fiscal 
year and under the President’s budget request; 
(3) except for the initial annual report, a de-
scription 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 Fed-
eral agencies will disseminate information about fed-
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erally supported resources for STEM education 
practitioners, including teacher professional develop-
ment programs, to States and to STEM education 
practitioners, including to teachers and administra-
tors 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 estab-
lished 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 pro-
vide the President with advice and information on STEM 
education. Membership of the advisory committee, at a 
minimum, shall include individuals from the following cat-
egories of individuals and organizations: 
(1) STEM educator professional associations. 
(2) Organizations that provide informal STEM 
education activities. 
(3) Institutions of higher education. 
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(4) Scientific and engineering professional soci-
eties. 
(5) Business and industry associations. 
(6) Foundations that fund STEM education ac-
tivities. 
(c) RESPONSIBILITIES.—The responsibilities of the 
advisory committee shall include— 
(1) soliciting input from teachers, administra-
tors, local education agencies, States, and other pub-
lic 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 dis-
tricts; 
(2) soliciting input from all STEM education 
stakeholder groups regarding STEM education pro-
grams, including STEM education research pro-
grams, supported by Federal agencies; 
(3) providing advice to the Federal agencies 
that support STEM education programs on how 
their programs can be better aligned with the needs 
of States and school districts as identified in para-
graph (1), consistent with the mission of each agen-
cy; and 
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(4) offering guidance to the President on cur-
rent STEM education activities, research findings, 
and best practices, with the purpose of increasing 
connectivity between public and private STEM edu-
cation efforts. 
SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF EN-
ERGY. 
(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 fol-
lowing new paragraph: 
‘‘(2) ENERGY
SYSTEMS
SCIENCE
AND
ENGI-
NEERING.—The term ‘energy systems science and 
engineering’ means— 
‘‘(A) nuclear science and engineering, in-
cluding— 
‘‘(i) nuclear engineering; 
‘‘(ii) nuclear chemistry; 
‘‘(iii) radiochemistry; and 
‘‘(iv) health physics; 
‘‘(B) hydrocarbon system science and engi-
neering, including— 
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‘‘(i) petroleum or reservoir engineer-
ing; 
‘‘(ii) environmental geoscience; 
‘‘(iii) petrophysics; 
‘‘(iv) geophysics; 
‘‘(v) geochemistry; 
‘‘(vi) petroleum geology; 
‘‘(vii) ocean engineering; and 
‘‘(viii) environmental engineering; 
‘‘(C) energy efficiency and renewable en-
ergy technology systems science and engineer-
ing, including with respect to— 
‘‘(i) solar technology systems; 
‘‘(ii) wind technology systems; 
‘‘(iii) buildings technology systems; 
‘‘(iv) transportation technology sys-
tems; 
‘‘(v) hydropower systems; and 
‘‘(vi) geothermal systems; and 
‘‘(D) energy storage and distribution sys-
tems science and engineering, including with re-
spect to— 
‘‘(i) energy storage; and 
‘‘(ii) energy delivery.’’. 
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(b) SCIENCE, TECHNOLOGY, ENGINEERING, AND 
MATHEMATICS EDUCATION PROGRAMS.—Subpart B of 
the Department of Energy Science Education Enhance-
ment 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 des-
ignated 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
ENGI-
NEERING.—The term ‘energy systems science and 
engineering’ means— 
‘‘(A) nuclear science and engineering, in-
cluding— 
‘‘(i) nuclear engineering; 
‘‘(ii) nuclear chemistry; 
‘‘(iii) radiochemistry; and 
‘‘(iv) health physics; 
‘‘(B) hydrocarbon system science and engi-
neering, including— 
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‘‘(i) petroleum or reservoir engineer-
ing; 
‘‘(ii) environmental geoscience; 
‘‘(iii) petrophysics; 
‘‘(iv) geophysics; 
‘‘(v) geochemistry; 
‘‘(vi) petroleum geology; 
‘‘(vii) ocean engineering; and 
‘‘(viii) environmental engineering; 
‘‘(C) energy efficiency and renewable en-
ergy technology systems science and engineer-
ing, including with respect to— 
‘‘(i) solar technology systems; 
‘‘(ii) wind technology systems; 
‘‘(iii) buildings technology systems; 
‘‘(iv) transportation technology sys-
tems; 
‘‘(v) hydropower systems; and 
‘‘(vi) geothermal systems; and 
‘‘(D) energy storage and distribution sys-
tems science and engineering, including with re-
spect to— 
‘‘(i) energy storage; and 
‘‘(ii) energy delivery.’’; and 
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(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 at all levels that lever-
age the Department’s unique content expertise and facili-
ties to contribute to improving STEM education at all lev-
els in the United States, and to enhance awareness and 
understanding of STEM, including energy sciences, 
among the general public, with consideration given to the 
goal of promoting the participation of individuals from 
underrepresented groups in the STEM fields. 
‘‘(b) PROGRAMS.—The Secretary shall carry out evi-
dence-based programs designed to increase student inter-
est and participation, improve public literacy and support, 
and improve the teaching and learning of energy systems 
science and engineering and other STEM disciplines sup-
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ported by the Department. Programs authorized under 
this subsection may include— 
‘‘(1) informal educational programming de-
signed to excite and inspire students and the general 
public about energy systems science and engineering 
and other STEM disciplines supported by the De-
partment, while strengthening their content knowl-
edge in these fields; 
‘‘(2) teacher training and professional develop-
ment opportunities for pre-service and in-service ele-
mentary 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 Lab-
oratories, that provide secondary school students 
with hands-on research experiences as well as expo-
sure to working scientists; 
‘‘(4) research opportunities at the National 
Laboratories for undergraduate and graduate stu-
dents pursuing degrees in energy systems science 
and engineering and other STEM disciplines sup-
ported by the Department; and 
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ergy systems science and engineering education, 
across all functions of the Department; 
‘‘(B) represent the Department as the 
principal interagency liaison for all STEM edu-
cation 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, in-
cluding energy systems science and engineering 
education programs and activities; 
‘‘(E) develop, implement, and update the 
Department of Energy STEM education stra-
tegic 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 en-
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ergy systems science and engineering education; 
and 
‘‘(G) perform such other matters relating 
to STEM education as are required by the Sec-
retary, the Under Secretary for Science, or the 
Under Secretary for Energy. 
‘‘(d) DEPARTMENT OF ENERGY STEM EDUCATION 
STRATEGIC PLAN.—The Director of STEM education ap-
pointed or designated under subsection (c)(1) shall de-
velop, 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; 
‘‘(2) describe the role of each program or activ-
ity of the Department in contributing to the goals 
and objectives identified under paragraph (1); 
‘‘(3) specify the metrics that will be used to as-
sess progress toward achieving those goals and ob-
jectives; and 
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‘‘(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 UNDERREP-
RESENTED GROUPS.—In carrying out a program author-
ized under this section, the Secretary shall give consider-
ation to the goal of promoting the participation of individ-
uals identified in section 33 or 34 of the Science and Engi-
neering Equal Opportunities Act (42 U.S.C. 1885a or 
1885b). 
‘‘(f) CONSULTATION
AND
PARTNERSHIP
WITH 
OTHER AGENCIES.—In carrying out the programs and ac-
tivities 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 capac-
ity in STEM education at the undergraduate and 
graduate level, including by supporting excellent pro-
posals in energy systems science and engineering 
that are submitted for funding to the Foundation’s 
Advanced Technological Education Program.’’; and 
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(4) in section 3191— 
(A) in subsection (a)— 
(i) by striking ‘‘web-based’’; and 
(ii) by inserting ‘‘and project-based 
learning opportunities’’ after ‘‘laboratory 
experiments’’; 
(B) in subsection (b)(1), by striking ‘‘the 
science of energy’’ and inserting ‘‘energy sys-
tems science and engineering’’; and 
(C) by striking subsection (d). 
(c) ENERGY APPLIED SCIENCE TALENT EXPANSION 
PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.— 
Strike sections 5004 and 5005 of the America COM-
PETES 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, 
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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 institu-
tions of higher education to implement or expand the en-
ergy 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 re-
search in energy systems sciences and engineering. 
‘‘(c) USE OF FUNDS.—An institution of higher edu-
cation 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 multidisci-
plinary research collaborations; 
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‘‘(6) support outreach efforts to recruit stu-
dents; 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 engi-
neering. 
‘‘(e) PRIORITY.—The Secretary shall give priority to 
proposals that involve active partnerships with a National 
Laboratory or other energy systems science and engineer-
ing related entity, as determined by the Secretary. 
‘‘(f) DURATION AND AMOUNT.— 
‘‘(1) DURATION.—A grant under this section 
may be for up to 5 years in duration. 
‘‘(2) AMOUNT.—An institution of higher edu-
cation that receives a grant under this section shall 
be eligible for up to $1,000,000 for each year of the 
grant period. 
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‘‘(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; 
‘‘(3) $36,000,000 for fiscal year 2013; 
‘‘(4) $38,000,000 for fiscal year 2014; and 
‘‘(5) $40,000,000 for fiscal year 2015.’’. 
(d) DEPARTMENT
OF
ENERGY
EARLY
CAREER 
AWARDS
FOR SCIENCE, ENGINEERING, AND MATHE-
MATICS 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 ‘‘$500,000 per year’’; 
(3) in subsection (c)(1), by striking ‘‘, as deter-
mined by the Director’’; 
(4) in subsections (c)(2), (e), (f), and (g), by 
striking ‘‘Director’’ each place it appears and insert-
ing ‘‘Secretary’’; 
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(f) REPEAL.—Section 3164 of the Department of En-
ergy Science Education Enhancement Act (42 U.S.C. 
7381a) is repealed. 
TITLE IV—NATIONAL INSTITUTE 
OF STANDARDS AND TECH-
NOLOGY 
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 
$1,012,100,000 for the National Institute of Stand-
ards 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 
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(C) $267,100,000 shall be authorized for 
industrial technology services activities, of 
which— 
(i) $116,000,000 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 Partner-
ship 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 
$1,035,400,000 for the National Institute of Stand-
ards and Technology for fiscal year 2012. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
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(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) $293,200,000 shall be authorized for 
industrial technology services activities, of 
which— 
(i) $132,000,000 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 Partner-
ship 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.— 
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137 
(1) IN GENERAL.—There are authorized to be 
appropriated 
to 
the 
Secretary 
of 
Commerce 
$1,137,809,000 for the National Institute of Stand-
ards 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) $319,109,000 shall be authorized for 
industrial technology services activities, of 
which— 
(i) $147,000,000 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 Partner-
ship program under sections 25 and 26 of 
such Act (15 U.S.C. 278k and 278l); and 
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(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). 
(d) FISCAL YEAR 2014.— 
(1) IN GENERAL.—There are authorized to be 
appropriated 
to 
the 
Secretary 
of 
Commerce 
$1,188,277,000 for the National Institute of Stand-
ards and Technology for fiscal year 2014. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
(A) $738,500,000 shall be authorized for 
scientific and technical research and services 
laboratory activities; 
(B) $124,000,000 shall be authorized for 
the construction and maintenance of facilities; 
and 
(C) $325,727,000 shall be authorized for 
industrial technology services activities, of 
which— 
(i) $142,000,000 shall be authorized 
for the Technology Innovation Program 
under section 28 of the National Institute 
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of Standards and Technology Act (15 
U.S.C. 278n); 
(ii) $172,800,000 shall be authorized 
for the Manufacturing Extension Partner-
ship program under sections 25 and 26 of 
such Act (15 U.S.C. 278k and 278l); and 
(iii) $10,927,000 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). 
(e) FISCAL YEAR 2015.— 
(1) IN GENERAL.—There are authorized to be 
appropriated 
to 
the 
Secretary 
of 
Commerce 
$1,255,955,000 for the National Institute of Stand-
ards and Technology for fiscal year 2015. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
(A) $782,800,000 shall be authorized for 
scientific and technical research and services 
laboratory activities; 
(B) $133,000,000 shall be authorized for 
the construction and maintenance of facilities; 
and 
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(C) $340,155,000 shall be authorized for 
industrial technology services activities, of 
which— 
(i) $144,000,000 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) $184,900,000 shall be authorized 
for the Manufacturing Extension Partner-
ship program under sections 25 and 26 of 
such Act (15 U.S.C. 278k and 278l); and 
(iii) $11,255,000 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 STAND-
ARDS AND TECHNOLOGY. 
(a) IN GENERAL.—Section 5 of the Stevenson- 
Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3704) is amended— 
(1) in the heading, by striking ‘‘EXPERI-
MENTAL PROGRAM TO STIMULATE COMPETI-
TIVE’’ and inserting ‘‘STANDARDS AND’’; 
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(2) in the heading in subsection (a), by striking 
‘‘PROGRAM ESTABLISHMENT’’ and inserting ‘‘ES-
TABLISHMENT
OF EXPERIMENTAL PROGRAM TO 
STIMULATE COMPETITIVE TECHNOLOGY’’; 
(3) by redesignating subsections (a) through (c) 
as subsections (b) through (d), respectively; and 
(4) by inserting before subsection (b), as so re-
designated, the following: 
‘‘(a) UNDER SECRETARY OF COMMERCE FOR STAND-
ARDS AND TECHNOLOGY.— 
‘‘(1) ESTABLISHMENT.—There shall be in the 
Department of Commerce an Under Secretary of 
Commerce for Standards and Technology who shall 
serve as the Director of the National Institute of 
Standards and Technology and perform such duties 
as provided for in the National Institute of Stand-
ards and Technology Act (15 U.S.C. 271 et seq.) 
and as the Secretary shall prescribe. 
‘‘(2) APPOINTMENT.—The Under Secretary of 
Commerce for Standards and Technology shall be 
appointed by the President by and with the advice 
and consent of the Senate and shall be compensated 
at the rate now or hereafter provided for level III of 
the Executive Schedule Pay Rates (5 U.S.C. 5314). 
VerDate Nov 24 2008 
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‘‘(3) APPLICABILITY.—The individual serving 
on the date of enactment of the National Institute 
of Standards and Technology Authorization Act of 
2010 as the Director of the National Institute of 
Standards and Technology shall also serve as the 
Under Secretary of Commerce for Standards and 
Technology until such time as a successor is ap-
pointed under paragraph (2).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) STEVENSON-WYDLER.—Subsection (c) of 
section 5 of such Act (15 U.S.C. 3704), as redesig-
nated in subsection (a)(3), is amended to read as 
follows: 
‘‘(c) COORDINATION.—To the extent practicable, in 
carrying out subsection (b), the Secretary shall coordinate 
the program established under such subsection with other 
programs of the Department of Commerce.’’. 
(2) 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, the incumbent of which also serves 
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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.’’. 
(3) NIST ACT.—Section 5 of the National In-
stitute of Standards and Technology Act (15 U.S.C. 
274) is amended by striking the following: ‘‘The Di-
rector shall be compensated at the rate in effect for 
level IV of the Executive Schedule under section 
5315 of title 5, United States Code.’’. 
SEC. 404. REORGANIZATION OF NIST LABORATORIES. 
(a) ORGANIZATION.—The Director shall reorganize 
the scientific and technical research and services labora-
tory program into the following operational units: 
(1) The Physical Measurement Laboratory, 
whose mission is to realize and disseminate the na-
tional standards for length, mass, time and fre-
quency, 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 Govern-
ment. 
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(2) The Information Technology Laboratory, 
whose mission is to develop and disseminate stand-
ards, 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 fun-
damental and applied research in computer science, 
mathematics, and statistics. 
(3) The Engineering Laboratory, whose mission 
is to develop and disseminate advanced manufac-
turing and construction technologies to the United 
States manufacturing and construction industries 
through activities including measurement science re-
search, performance metrics, tools for engineering 
applications, promotion of green infrastructure, and 
energy efficiency measurements and standards. 
(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 mate-
rials and processes, the development of certified ref-
erence materials and critically evaluated data, and 
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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 mis-
sion 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 shared-use facility, whose mission is to pro-
vide neutron-based measurement capabilities to re-
searchers from industry, institutions of higher edu-
cation, the National Institute of Standards and 
Technology, and other Federal agencies in support 
of materials research, nondestructive evaluation, 
neutron imaging, chemical analysis, neutron stand-
ards, dosimetry, and radiation metrology. 
(b) REVISION.— 
(1) IN GENERAL.—Subsequent to the reorga-
nization required under subsection (a), the Director 
may revise the organization of the scientific and 
technical research and services laboratory program. 
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(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 Rep-
resentatives 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 CON-
FORMITY ASSESSMENT COORDINATION. 
(a) COORDINATION.—Section 2(b) of the National In-
stitute 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 fol-
lowing: 
‘‘(14) to promote collaboration among Federal 
departments and agencies and private sector stake-
holders in the development and implementation of 
standards and conformity assessment frameworks to 
address specific Federal Government policy goals; 
and 
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‘‘(15) to convene Federal departments and 
agencies, as appropriate, to— 
‘‘(A) coordinate and determine Federal 
Government positions on specific policy issues 
related to international technical standards and 
conformity assessment-related activities; and 
‘‘(B) coordinate Federal department and 
agency engagement in the development of inter-
national technical standards and conformity as-
sessment-related activities.’’. 
(b) REPORT.—The Director, in consultation with ap-
propriate Federal agencies, shall submit a report annually 
to Congress addressing the Federal Government’s tech-
nical standards and conformity assessment-related activi-
ties. The report shall identify— 
(1) current and anticipated international stand-
ards 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 Gov-
ernment 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 en-
gagement on technical standards and conformity as-
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sessment-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 informa-
tion about the job skills needed in small- and me-
dium-sized manufacturing businesses in the regions 
they serve.’’. 
(b) INNOVATIVE SERVICES INITIATIVE.— 
(1) IN GENERAL.—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 es-
tablish, within the Centers program under this sec-
tion, an innovative services initiative to assist small- 
and medium-sized manufacturers in— 
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‘‘(A) reducing their energy usage and envi-
ronmental waste to improve profitability; and 
‘‘(B) accelerating the domestic commer-
cialization of new product technologies, includ-
ing 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.’’. 
(2) GRANTS.—Section 33 of such Act (15 
U.S.C. 278r) is amended by adding at the end the 
following: 
‘‘(g) INNOVATIVE SERVICES.—The Director may 
make awards under this section to carry out the innovative 
services initiative under section 25(g).’’. 
(c) REPORTS.—Section 25 of such Act (15 U.S.C. 
278k) is further amended by adding at the end the fol-
lowing: 
‘‘(h) REPORTS.— 
‘‘(1) IN GENERAL.—In submitting the 3-year 
programmatic planning document and annual up-
dates under section 23, the Director shall include an 
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assessment of the Director’s governance of the pro-
gram established under this section. 
‘‘(2) CRITERIA.—In conducting such assess-
ment, 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 PART-
NERSHIP 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 2015, 
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 ex-
ceed 50 percent. 
‘‘(8) Not later than 4 years after the date of 
enactment of the National Institute of Standards 
and Technology Authorization Act of 2010, the Sec-
retary shall submit to Congress a report on the cost 
share requirements under the program. The report 
shall— 
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‘‘(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 indi-
vidual Centers and the overall program; and 
‘‘(B) include a recommendation for how 
best to structure the cost share requirement 
after fiscal year 2015 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 AP-
PLICABILITY.— 
‘‘(A) IN GENERAL.—In discharging its du-
ties under this subsection, the MEP Advisory 
Board shall function solely in an advisory ca-
pacity, in accordance with the Federal Advisory 
Committee Act. 
‘‘(B) EXCEPTION.—Section 14 of the Fed-
eral 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 at the end the fol-
lowing: 
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‘‘(i) DEFINITION.—In this section, the term ‘commu-
nity 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.’’. 
SEC. 407. BIOSCIENCE RESEARCH PROGRAM. 
(a) IN GENERAL.—The National Institute of Stand-
ards and Technology Act (15 U.S.C. 271 et seq.) is 
amended— 
(1) by redesignating section 34 as section 35; 
and 
(2) by inserting after section 33 the following: 
‘‘SEC. 34. BIOSCIENCE RESEARCH PROGRAM. 
‘‘(a) IN GENERAL.—The Director shall establish a 
bioscience research program to support research and de-
velopment of standard reference materials, measurements, 
methods, and genomic and other data to advance— 
‘‘(1) biological drug research and development; 
‘‘(2) molecular diagnostics; 
‘‘(3) medical imaging technologies; and 
‘‘(4) personalized medicine. 
‘‘(b) UNIVERSITY RESEARCH CENTERS.— 
‘‘(1) ESTABLISHMENT.—The Director may es-
tablish research centers at institutions of higher edu-
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cation (in this section referred to as ‘university re-
search centers’) through a competitive application 
process to conduct research that furthers the objec-
tives of the bioscience research program. 
‘‘(2) APPLICATION.— 
‘‘(A) IN GENERAL.—An institution of high-
er education seeking to establish a university 
research center under this subsection shall sub-
mit an application to the Director at such time, 
in such manner, and containing such informa-
tion and assurances as the Director may re-
quire. 
‘‘(B) COMPONENTS.—The application shall 
include, at a minimum, a description of— 
‘‘(i) the relevant research and instruc-
tional capacity of the applicant; 
‘‘(ii) the research projects that will be 
undertaken by the applicant; 
‘‘(iii) the extent to which the applicant 
will partner with industry and the role in-
dustry will play in the research undertaken 
by the university research center; 
‘‘(iv) how the applicant will dissemi-
nate research results effectively; and 
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‘‘(v) the metrics that will be used to 
evaluate the success of the projects under 
clause (ii) and the contribution of the uni-
versity research center in furthering the 
objectives of the bioscience research pro-
gram. 
‘‘(C) SPECIAL CONSIDERATION.—The Di-
rector shall give special consideration to an ap-
plication from an institution of higher education 
that is— 
‘‘(i) an 1890 Institution, as defined in 
section 2 of the Agricultural Research, Ex-
tension, and Education Reform Act of 
1998 (7 U.S.C. 7061); 
‘‘(ii) a Predominantly Black Institu-
tion, as defined in section 318 of the High-
er Education Act of 1965 (20 U.S.C. 
1059e); 
‘‘(iii) a part B institution, as defined 
in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061); 
‘‘(iv) a Tribal College or University, 
as defined in section 316 of the Higher 
Education Act of 1965 (20 U.S.C. 1059c); 
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‘‘(v) a Native American-serving, non-
tribal institution, as defined in section 319 
of the Higher Education Act of 1965 (20 
U.S.C. 1059f); 
‘‘(vi) an Asian American and Native 
American Pacific Islander-serving institu-
tion, as defined in section 320 of the High-
er Education Act of 1965 (20 U.S.C. 
1059g); 
‘‘(vii) an Alaska Native-serving insti-
tution, as defined in section 317 of the 
Higher Education Act of 1965 (20 U.S.C. 
1059d); 
‘‘(viii) a Native Hawaiian-serving in-
stitution, as defined in section 317 of the 
Higher Education Act of 1965 (20 U.S.C. 
1059d); or 
‘‘(ix) a Hispanic-serving institution, 
as defined in section 502 of the Higher 
Education Act of 1965 (20 U.S.C. 1101a). 
‘‘(3) ASSESSMENT.—Not later than 3 years 
after the date on which a university research center 
is established and every 3 years thereafter, the Di-
rector shall evaluate the university research center 
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for its contributions to the bioscience research pro-
gram. 
‘‘(4) ANNUAL MEETING.—If the Director estab-
lishes more than 1 university research center, the 
Director shall convene an annual meeting of re-
searchers from all of the university research centers 
and the Institute to foster collaboration and commu-
nication. 
‘‘(c) USER FACILITY.—The Director may establish a 
bioscience user facility to provide access to advanced or 
unique equipment, services, materials, and other resources 
to industry, institutions of higher education, nonprofit or-
ganizations, and government agencies to perform research 
and testing. 
‘‘(d) POSTDOCTORAL FELLOWS.—The Director shall, 
to the extent practicable, assign 1 or more fellows from 
the postdoctoral fellowship program established in section 
19 to the bioscience research program. 
‘‘(e) PROGRAMMATIC PLANNING DOCUMENT.—The 
Director shall ensure that the updates to the pro-
grammatic planning document transmitted to Congress 
under section 23(d) include the bioscience research pro-
gram. 
‘‘(f) DEFINITIONS.—In this section: 
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‘‘(1) BIOSCIENCE
RESEARCH
PROGRAM.—The 
term ‘bioscience research program’ means the re-
search and development program authorized under 
subsection (a). 
‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
same meaning given the term in section 101(a) of 
the Higher Education Act of 1965 (20 U.S.C. 
1001(a)).’’. 
(b) VISITING COMMITTEE
ON ADVANCED TECH-
NOLOGY AMENDMENTS.—Section 10 of the National Insti-
tute of Standards and Technology Act (15 U.S.C. 278) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘15 members’’ and insert-
ing ‘‘at least 15, but not more than 20, mem-
bers’’; and 
(B) by striking ‘‘at least 10’’ and inserting 
‘‘at least 13’’; and 
(2) in subsection (h)(1), by striking ‘‘Program 
established under section 28’’ and inserting ‘‘pro-
grams established under sections 28 and 34’’. 
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SEC. 408. TIP ADVISORY BOARD. 
Section 28(k)(4) of the National Institute of Stand-
ards and Technology Act (15 U.S.C. 278n(k)(4)) is 
amended to read as follows: 
‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP-
PLICABILITY.— 
‘‘(A) IN GENERAL.—In discharging its du-
ties under this subsection, the TIP Advisory 
Board shall function solely in an advisory ca-
pacity, in accordance with the Federal Advisory 
Committee Act. 
‘‘(B) EXCEPTION.—Section 14 of the Fed-
eral 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 fol-
lowing: 
‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu-
ating applications for fellowships under this section, the 
Director shall give consideration to the goal of promoting 
the participation of underrepresented minorities in re-
search areas supported by the Institute.’’. 
(b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Sec-
tion 19 of such Act (15 U.S.C. 278g–2) is amended by 
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adding at the end the following: ‘‘In evaluating applica-
tions for fellowships under this section, the Director shall 
give consideration to the goal of promoting the participa-
tion of underrepresented minorities in research areas sup-
ported 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 priority 
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 vol-
untary. 
SEC. 411. 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). 
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TITLE V—INNOVATION 
SEC. 501. OFFICE OF INNOVATION AND ENTREPRENEUR-
SHIP. 
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 ENTREPRENEUR-
SHIP. 
‘‘(a) IN GENERAL.—The Secretary shall establish an 
Office of Innovation and Entrepreneurship to foster inno-
vation and the commercialization of new technologies, 
products, processes, and services with the goal of pro-
moting productivity and economic growth in the United 
States. 
‘‘(b) DUTIES.—The Office of Innovation and Entre-
preneurship shall be responsible for— 
‘‘(1) developing and advocating policies to accel-
erate 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; 
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‘‘(3) providing access to relevant data, research, 
and technical assistance on innovation and commer-
cialization; 
‘‘(4) strengthening collaboration on and coordi-
nation of policies relating to innovation and commer-
cialization 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 Sec-
retary. 
‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es-
tablish an Advisory Council on Innovation and Entrepre-
neurship 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 add-
ing 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 estab-
lish a program to provide loan guarantees for obligations 
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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 innova-
tive 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 
project cost, 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 repay-
ment of the principal and interest on the obligation 
by the borrower; 
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‘‘(2) the amount of the obligation (when com-
bined 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 re-
payment 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 guar-
antee shall have the right to demand payment 
of the unpaid amount from the Secretary. 
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‘‘(B) PAYMENT REQUIRED.—Within such 
period as may be specified in the loan guar-
antee or related agreements, the Secretary shall 
pay to the holder of the loan guarantee the un-
paid interest on and unpaid principal of the ob-
ligation as to which the borrower has defaulted, 
unless the Secretary finds that there was no de-
fault by the borrower in the payment of interest 
or principal or that the default has been rem-
edied. 
‘‘(C) FORBEARANCE.—Nothing in this sub-
section 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 Sec-
retary 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 
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acquired pursuant to such loan guarantee 
or related agreement; or 
‘‘(ii) permit the borrower, pursuant to 
an agreement with the Secretary, to con-
tinue 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) ACTION BY ATTORNEY GENERAL.— 
‘‘(A) NOTIFICATION.—If the borrower de-
faults on an obligation, the Secretary shall no-
tify the Attorney General of the default. 
‘‘(B) RECOVERY.—On notification, the At-
torney General shall take such action as is ap-
propriate to recover the unpaid principal and 
interest. 
‘‘(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 
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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 Sec-
retary 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 Sec-
retary is authorized to pay shall be no greater than 
the amount of principal and interest that the bor-
rower is obligated to pay under the obligation being 
guaranteed; and 
‘‘(3) the borrower agrees to reimburse the Sec-
retary 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 
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‘‘(2) have available all the patents and tech-
nology 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 Sec-
retary 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 applica-
ble 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, sub-
ject to such other conditions as are contained in 
annual appropriations Acts. 
‘‘(k) RECORDS.— 
‘‘(1) IN
GENERAL.—With respect to a loan 
guarantee under this section, the borrower, the lend-
er, and any other appropriate party shall keep such 
records and other pertinent documents as the Sec-
retary shall prescribe by regulation, including such 
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records as the Secretary may require to facilitate an 
effective audit. 
‘‘(2) ACCESS.—The Secretary and the Comp-
troller General of the United States, or their duly 
authorized representatives, shall have access to 
records and other pertinent documents for the pur-
pose 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 de-
termine eligibility for loan guarantees under this sec-
tion, including whether a borrower is a small- or me-
dium-sized manufacturer; 
‘‘(2) a determination of what expenses shall and 
shall not be included in project costs; 
‘‘(3) policies and procedures for selecting and 
monitoring lenders and loan performance; and 
‘‘(4) any other policies, procedures, or informa-
tion necessary to implement this section. 
‘‘(n) AUDIT.— 
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‘‘(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) ANNUAL REVIEW.—The Comptroller Gen-
eral shall conduct an annual review of the Sec-
retary’s execution of the program under this section. 
‘‘(3) REPORT.—The results of the independent 
audit under paragraph (1) and the Comptroller Gen-
eral’s review under paragraph (2) shall be provided 
directly to the Committee on Science and Tech-
nology of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation 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 Transpor-
tation 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 en-
sure that the activities carried out under this section are 
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coordinated with, and do not duplicate the efforts of, other 
loan guarantee programs within the Federal Government. 
‘‘(q) MEP CENTERS.—The Secretary may use cen-
ters 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 bor-
rowers, as appropriate. 
‘‘(r) 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 ‘innova-
tive 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 ‘in-
novative technology’ means a technology that is sig-
nificantly 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 guar-
antee’ has the meaning given such term in section 
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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 guar-
anteed under this section. 
‘‘(6) PROGRAM.—The term ‘program’ means 
the loan guarantee program established in sub-
section (a). 
‘‘(s) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to provide the cost of loan guarantees under this 
section.’’. 
SEC. 503. REGIONAL INNOVATION PROGRAM. 
The Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3701 et seq.) is further amended by add-
ing 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 estab-
lish a regional innovation program to encourage and sup-
port the development of regional innovation strategies, in-
cluding regional innovation clusters. 
‘‘(b) REGIONAL INNOVATION CLUSTER GRANTS.— 
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‘‘(1) IN GENERAL.—As part of the program es-
tablished under subsection (a), the Secretary may 
award grants on a competitive basis to eligible re-
cipients for activities relating to the formation and 
development of regional innovation clusters. 
‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award-
ed under this subsection may be used for activities 
determined appropriate by the Secretary including— 
‘‘(A) feasibility studies; 
‘‘(B) planning activities; 
‘‘(C) technical assistance; 
‘‘(D) developing or strengthening commu-
nication 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 or services provided by a regional in-
novation cluster; and 
‘‘(G) developing relationships between a re-
gional innovation cluster and entities or clusters 
in other regions. 
‘‘(3) ELIGIBLE
RECIPIENT.—For purposes of 
this subsection, the term ‘eligible recipient’ means 
any of the following: 
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‘‘(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 in-
stitution of higher education, a public-pri-
vate partnership, or an economic develop-
ment organization or similar entity; and 
‘‘(ii) has an application that is sup-
ported 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 applicant shall 
submit an application to the Secretary at such 
time, in such manner, and containing such in-
formation and assurances as the Secretary may 
require. 
‘‘(B) COMPONENTS.—The application shall 
include, at a minimum, a description of the re-
gional innovation cluster supported by the pro-
posed activity, including a description of— 
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‘‘(i) whether the regional innovation 
cluster is supported by the private sector, 
State and local governments, and other rel-
evant stakeholders; 
‘‘(ii) how the existing participants in 
the regional innovation cluster will encour-
age and solicit participation by all types of 
entities that might benefit from participa-
tion, including newly formed entities and 
those rival to existing participants; 
‘‘(iii) the extent to which the regional 
innovation cluster is likely to stimulate in-
novation and have a positive impact on re-
gional 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-Fed-
eral sources; and 
‘‘(vi) the likelihood that the partici-
pants in the regional innovation cluster will 
be able to sustain activities once grant 
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funds under this subsection have been ex-
pended. 
‘‘(5) COST
SHARE.—The Secretary may not 
provide more than 50 percent of the total cost of 
any activity funded under this subsection. 
‘‘(6) 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 rel-
evant research, best practices, and metrics developed 
under the program established in subsection (c). 
‘‘(c) REGIONAL INNOVATION RESEARCH AND INFOR-
MATION PROGRAM.— 
‘‘(1) IN GENERAL.—As part of the program es-
tablished under subsection (a), the Secretary shall 
establish a regional innovation research and infor-
mation program to— 
‘‘(A) gather, analyze, and disseminate in-
formation on best practices for regional innova-
tion strategies (including regional innovation 
clusters), including information relating to how 
innovation, productivity, and economic develop-
ment can be maximized through such strategies; 
‘‘(B) provide technical assistance, including 
through the development of technical assistance 
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‘‘(2) RESEARCH GRANTS.—The Secretary may 
award research grants on a competitive basic to sup-
port and further the goals of the program estab-
lished 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 Sec-
retary 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 ac-
tivities carried out under this section are coordinated 
with, and do not duplicate the efforts of, other pro-
grams at the Department of Commerce and other 
Federal agencies. 
‘‘(2) COLLABORATION.—The Secretary shall ex-
plore and pursue ways to collaborate with other Fed-
eral agencies, including through multiagency funding 
opportunities, on regional innovation strategies. 
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‘‘(e) EVALUATION.— 
‘‘(1) IN
GENERAL.—Not later than 4 years 
after the date of enactment of this section, the Sec-
retary shall enter into a contract with an inde-
pendent entity, such as the National Academy of 
Sciences, to conduct an evaluation of the program 
established under subsection (a). 
‘‘(2) REQUIREMENTS.—The evaluation shall in-
clude— 
‘‘(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) REGIONAL INNOVATION CLUSTER DEFINED.— 
The term ‘regional innovation cluster’ means a geographi-
cally bounded network of similar, synergistic, or com-
plimentary entities that— 
‘‘(1) are engaged in or with a particular indus-
try sector; 
‘‘(2) have active channels for business trans-
actions and communication; 
‘‘(3) share specialized infrastructure, labor mar-
kets, and services; and 
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‘‘(4) leverage the region’s unique competitive 
strengths to stimulate innovation and create jobs. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary for each of fiscal years 2011 through 2015 to carry 
out this section, including such sums as are necessary to 
carry out the evaluation required under subsection (e).’’. 
TITLE VI—DEPARTMENT OF 
ENERGY 
Subtitle A—Office of Science 
SEC. 601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Department of En-
ergy 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. 
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SEC. 603. MISSION OF THE OFFICE OF SCIENCE. 
(a) MISSION.—The mission of the Office of Science 
shall be the delivery of scientific discoveries and major sci-
entific 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 Sec-
retary shall carry out, through the Office of Science, pro-
grams on basic energy sciences, biological and environ-
mental 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 en-
tire biological systems; 
(2) Science for National Need by— 
(A) advancing a clean energy agenda 
through basic research on energy production, 
storage, transmission, and use; and 
(B) advancing our understanding of the 
Earth’s climate through basic research in at-
mospheric and environmental sciences and cli-
mate change; and 
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(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 de-
scribed in subsection (b) shall include providing for rel-
evant 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 fa-
cilities 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 mis-
sions 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 author-
ized 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 
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other activities of the Department, and shall support joint 
activities among the programs of the Department. 
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, biosciences, and geo-
sciences, for the purpose of providing the scientific founda-
tions 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 main-
tenance of national user facilities to support the pro-
gram under this section. As practicable, these facili-
ties shall serve the needs of the Department, indus-
try, the academic community, and other relevant en-
tities to create and examine new materials and 
chemical processes for the purposes of advancing 
new energy technologies and improving the competi-
tiveness of the United States. These facilities shall 
include— 
(A) x-ray light sources; 
(B) neutron sources; 
(C) electron beam microcharacterization 
centers; 
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(D) nanoscale science research centers; 
and 
(E) other facilities the Director considers 
appropriate, consistent with section 603(d). 
(2) 
FACILITY
CONSTRUCTION
AND
UP-
GRADES.—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 Spall-
ation 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 competi-
tive, merit-reviewed basis, to multi-institutional col-
laborations or other appropriate entities to conduct 
fundamental and use-inspired energy research to ac-
celerate scientific breakthroughs related to needs 
identified in— 
(A) the Grand Challenges report of the De-
partment’s Basic Energy Sciences Advisory 
Committee; 
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(B) the Basic Energy Sciences Basic Re-
search 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 receiv-
ing a grant under this subsection may include mul-
tiple 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 facili-
ties. 
(d) 
ACCELERATOR
RESEARCH
AND
DEVELOP-
MENT.—The Director shall carry out research and devel-
opment on advanced accelerator technologies relevant to 
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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 author-
ized under section 603, the Director shall carry out a pro-
gram of research, development, demonstration, and com-
mercial application 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 SUBPROGRAM.— 
(1) SUBPROGRAM.—As part of the activities au-
thorized under subsection (a), the Director shall 
carry out a subprogram of research, development, 
and demonstration on fundamental, structural, com-
putational, 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 sus-
tainable production of biomass-based liquid 
transportation fuels, bioenergy, and biobased 
products that minimize greenhouse gas emis-
sions; 
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(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 contami-
nants from subsurface environments, including 
at facilities of the Department. 
(2) RESEARCH PLAN.—Not later than 1 year 
after the date of enactment of this Act, and at least 
once every 3 years thereafter, the Director shall pre-
pare and transmit to Congress a research plan de-
scribing how the subprogram authorized under this 
subsection will be undertaken. 
(3) BIOENERGY RESEARCH CENTERS.— 
(A) IN
GENERAL.—In carrying out the 
subprogram under paragraph (1), the Director 
shall support at least 3 bioenergy research cen-
ters to accelerate basic biological research, de-
velopment, demonstration, and commercial ap-
plication of biomass-based liquid transportation 
fuels, bioenergy, and biobased products that re-
duce greenhouse gas emissions and are pro-
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duced from a variety of regionally diverse feed-
stocks. 
(B) GEOGRAPHIC DISTRIBUTION.—The Di-
rector 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 se-
lected on a competitive, merit-reviewed basis for 
a period of 5 years beginning on the date of es-
tablishment 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 con-
sultation with other relevant Federal agencies, 
the academic community, research-based non-
profit entities, and the private sector, shall de-
velop a comprehensive plan for federally sup-
ported research and development activities that 
will support the energy and environmental mis-
sions of the Department and accelerate the 
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growth of a competitive synthetic biology indus-
try in the United States. 
(B) PLAN.—The plan developed under sub-
paragraph (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 en-
ables the discovery, design, development, pro-
duction, and systematic use of parts, compo-
nents, 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 Sec-
retary 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 subpro-
gram described in paragraph (1), the Director 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 
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management system to centrally integrate systems 
biology data, analytical software, and computational 
modeling tools that will allow data sharing and free 
information exchange in the scientific community. 
(6) REPEAL.—Section 977 of the Energy Policy 
Act of 2005 (42 U.S.C. 16317) is repealed. 
(c) CLIMATE AND ENVIRONMENTAL SCIENCES SUB-
PROGRAM.— 
(1) IN GENERAL.—As part of the activities au-
thorized under subsection (a), the Director shall 
carry out a subprogram of climate and environ-
mental science research, which shall include activi-
ties to— 
(A) understand, observe, and model the re-
sponse of the Earth’s atmosphere and bio-
sphere, including oceans, to increased green-
house gas emissions, and any associated 
changes in climate; 
(B) sequester, destroy, immobilize, or re-
move contaminants and carbon from subsurface 
environments, including at facilities of the De-
partment; and 
(C) develop potential mitigation and adap-
tation options for increased greenhouse gas 
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emissions and any associated changes in cli-
mate. 
(2) 
SUBSURFACE
BIOGEOCHEMISTRY
RE-
SEARCH.— 
(A) IN GENERAL.—As part of the subpro-
gram described in paragraph (1), the Director 
shall carry out research to advance a funda-
mental understanding of coupled physical, 
chemical, and biological processes for control-
ling the movement of sequestered carbon and 
subsurface environmental contaminants, includ-
ing field observations of subsurface microorga-
nisms 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 de-
contamination of relevant facilities man-
aged by the Department. 
(ii) 
UNDER
SECRETARY
FOR 
SCIENCE.—The Department’s Under Sec-
retary for Science shall ensure the coordi-
nation of the activities of the Department, 
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including activities under this paragraph, 
to support and accelerate the decontamina-
tion of relevant facilities managed by the 
Department. 
(3) NEXT-GENERATION
ECOSYSTEM-CLIMATE 
EXPERIMENT.— 
(A) IN GENERAL.—The Director, in col-
laboration 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 under-
stand the impact and feedbacks of increased 
temperature and elevated carbon levels on eco-
systems. 
(B) REPORT.—Not later than 1 year after 
the date of enactment of this Act, the Director 
shall transmit to the Congress a report con-
taining— 
(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 addi-
tional experiments; and 
(iii) an associated research plan. 
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(4) AMERIFLUX NETWORK COORDINATION AND 
RESEARCH.—As part of the subprogram 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, and energy within terrestrial eco-
systems 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 tech-
nologies and practices into the existing Net-
work; 
(B) conduct research to determine the 
need for increased greenhouse gas observation 
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 commu-
nities through the Network, have the potential 
to help characterize baseline greenhouse gas 
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emission sources and sinks in the United States 
and internationally. 
(5) REGIONAL
AND
GLOBAL
CLIMATE
MOD-
ELING.—As part of the subprogram described in 
paragraph (1), the Director, in collaboration with 
the Office of Advanced Scientific Computing Re-
search described in section 606, shall carry out re-
search to develop, evaluate, and use high-resolution 
regional and global climate and Earth models and 
predictions to determine, and support efforts to re-
duce, the impacts of changing climate. 
(6) INTEGRATED
ASSESSMENT
RESEARCH.— 
The Director shall carry out research into options 
for mitigation of and adaptation to climate change 
through multiscale models of the entire climate sys-
tem. Such modeling shall include human processes 
and greenhouse gas emissions, land use, and inter-
action among human and Earth systems. 
(7) COORDINATION.—The Director shall coordi-
nate activities under this subsection with other Of-
fice of Science activities and with the United States 
Global Change Research Program. 
(d) USER
FACILITIES
AND
ANCILLARY
EQUIP-
MENT.— 
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(1) IN GENERAL.—The Director shall carry out 
a program for the construction, operation, and main-
tenance 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 de-
scribed 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 
interactions, subsurface science, and the inter-
faces of natural and engineered materials; and 
(C) measurement of cloud and aerosol 
properties used for examining atmospheric proc-
esses and evaluating climate model perform-
ance, including ground stations at various loca-
tions, mobile resources, and aerial vehicles. 
SEC. 606. ADVANCED SCIENTIFIC COMPUTING RESEARCH 
PROGRAM. 
(a) IN GENERAL.—As part of the activities author-
ized under section 603, the Director shall carry out a re-
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search, development, demonstration, and commercial ap-
plication program to advance computational and net-
working capabilities to analyze, model, simulate, and pre-
dict 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 prior-
ities established by the Department’s Under Sec-
retary for Science to determine and meet the com-
putational and networking research and facility 
needs of the Office of Science and all other relevant 
energy technology programs within the Department. 
(2) UNDER
SECRETARY
FOR
SCIENCE.—The 
Department’s Under Secretary for Science shall en-
sure the coordination of the activities of the Depart-
ment, including activities under this section, to de-
termine and meet the computational and networking 
research and facility needs of the Office of Science 
and all other relevant energy technology programs 
within the Department. 
(c) RESEARCH TO SUPPORT ENERGY APPLICA-
TIONS.—As part of the activities authorized under sub-
section (a), the program shall support research in high- 
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performance computing and networking relevant to energy 
applications, including both basic and applied energy re-
search programs carried out by the Secretary. 
(d) REPORTS.— 
(1) ADVANCED COMPUTING FOR ENERGY APPLI-
CATIONS.—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 computa-
tional and networking research programs and re-
sources supported by the Federal Government, to 
advance the missions of the Department’s applied 
energy and energy efficiency programs. 
(2) 
EXASCALE
COMPUTING.—At 
least 
months prior to the initiation of construction or in-
stallation of any exascale-class computing facility, 
the Secretary shall transmit a plan to the Congress 
detailing the proposed facility’s cost projections and 
capabilities to significantly accelerate the develop-
ment of new energy technologies. 
(e) APPLIED MATHEMATICS AND SOFTWARE DEVEL-
OPMENT FOR HIGH-END COMPUTING SYSTEMS.—The Di-
rector shall carry out activities to develop, test, and sup-
port mathematics, models, and algorithms for complex 
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systems, as well as programming environments, tools, lan-
guages, and operating systems for high-end computing 
systems (as defined in section 2 of the Department of En-
ergy High-End Computing Revitalization Act of 2004 (15 
U.S.C. 5541)). 
(f) HIGH-END COMPUTING FACILITIES.—The Direc-
tor shall— 
(1) provide for sustained access by the public 
and private research community in the United 
States to high-end computing systems and to Lead-
ership Systems (as defined in section 2 of the De-
partment of Energy High-End Computing Revital-
ization Act of 2004 (15 U.S.C. 5541)), including 
provision of technical support for users of such sys-
tems; and 
(2) conduct research and development on next- 
generation computing architectures and platforms to 
support the missions of the Department. 
(g) OUTREACH.—The Director shall conduct out-
reach programs and may form partnerships to increase the 
use of and access to high-performance computing mod-
eling and simulation capabilities by industry, including 
manufacturers. 
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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 development program to ef-
fectively 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 re-
search activities to expand the fundamental understanding 
of plasmas and matter at very high temperatures and den-
sities. 
(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 Inter-
national Fusion Energy Organization for the Joint Imple-
mentation of the ITER Project. 
(c) IDENTIFICATION OF PRIORITIES.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary shall transmit to the Congress a report on the De-
partment’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 sce-
narios. The report shall— 
(1) identify specific areas of fusion energy de-
velopment in which the United States can and 
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should establish or solidify a lead in the global fu-
sion 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 DEVELOP-
MENT.—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 fa-
cility or facilities that can examine and test potential 
fusion and next generation fission materials; 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) FUSION SIMULATION PROJECT.—In collaboration 
with the Office of Science’s Advanced Scientific Com-
puting Research program described in section 606, the Di-
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rector shall carry out a computational project to advance 
the capability of fusion researchers to accurately simulate 
an entire fusion energy system. 
(f) INERTIAL FUSION ENERGY RESEARCH AND DE-
VELOPMENT PROGRAM.—The Secretary shall carry out a 
program of research and technology development in iner-
tial 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 Acad-
emies’ 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 en-
ergy 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 
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(2) utilize components of existing accelerator 
facilities to produce neutrino beams of sufficient in-
tensity to explore research priorities identified by the 
High Energy Physics Advisory Panel or the National 
Academy of Sciences. 
(c) DARK
ENERGY
AND
DARK
MATTER
RE-
SEARCH.—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 rel-
evant research projects. 
(d) 
ACCELERATOR
RESEARCH
AND
DEVELOP-
MENT.—The Director shall carry out research and devel-
opment in advanced accelerator concepts and technologies 
to reduce the necessary scope and cost for the next genera-
tion of particle accelerators. 
(e) INTERNATIONAL COLLABORATION.—The Direc-
tor, as practicable and in coordination with other appro-
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priate Federal agencies as necessary, shall maximize 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 manage-
ment 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 or other pur-
poses. In making this determination, the Secretary shall 
consider any relevant recommendations made by Federal 
advisory committees, the National Academies, and inter-
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agency working groups in which the Department partici-
pates. 
SEC. 610. SCIENCE LABORATORIES INFRASTRUCTURE PRO-
GRAM. 
(a) PROGRAM.—The Director shall carry out a pro-
gram to improve the safety, efficiency, and mission readi-
ness 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 ef-
fective to renovate or operate; 
(3) modernize utility systems to prevent failures 
and ensure efficiency; 
(4) remove excess facilities to allow safe and ef-
ficient operations; and 
(5) construct modern facilities to conduct ad-
vanced research in controlled environmental condi-
tions. 
(b) MINOR CONSTRUCTION PROJECTS.— 
(1) AUTHORITY.—Using operation and mainte-
nance funds or facilities and infrastructure funds 
authorized by law, the Secretary may carry out 
minor construction projects with respect to labora-
tories administered by the Office of Science. 
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(2) ANNUAL
REPORT.—The Secretary shall 
submit to Congress, as part of the annual budget 
submission of the Department, a report on each ex-
ercise 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 labora-
tory. Each report shall provide a brief description of 
each minor construction project covered by the re-
port. 
(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 imme-
diately 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 author-
ized by law for which the approved total esti-
mated cost does not exceed the minor construc-
tion threshold; and 
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(B) the term ‘‘minor construction thresh-
old’’ 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 ad-
ministered by the Office of Science. 
SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary for the activities of the Office of Science— 
(1) $6,221,000,000 for fiscal year 2011, of 
which— 
(A) $2,020,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $700,000,000 shall be for Biological 
and Environmental Research activities under 
section 605; and 
(C) $469,000,000 shall be for Advanced 
Scientific Computing Research activities under 
section 606; 
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(2) $6,656,000,000 for fiscal year 2012, of 
which— 
(A) $2,220,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $791,000,000 shall be for Biological 
and Environmental Research activities under 
section 605; and 
(C) $515,000,000 shall be for Advanced 
Scientific Computing Research activities under 
section 606; 
(3) $7,122,000,000 for fiscal year 2013, of 
which— 
(A) $2,440,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $894,000,000 shall be for Biological 
and Environmental Research activities under 
section 605; and 
(C) $567,000,000 shall be for Advanced 
Scientific Computing Research activities under 
section 606; 
(4) $7,621,000,000 for fiscal year 2014, of 
which— 
(A) $2,690,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
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(B) $957,000,000 shall be for Biological 
and Environmental Research activities under 
section 605; and 
(C) $624,000,000 shall be for Advanced 
Scientific Computing Research activities under 
section 606; and 
(5) $8,154,000,000 for fiscal year 2015, of 
which— 
(A) $2,960,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $1,060,000,000 shall be for Biological 
and Environmental Research activities under 
section 605; and 
(C) $686,000,000 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 Reau-
thorization 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)— 
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(A) in subparagraph (A), by inserting 
‘‘and applied’’ after ‘‘advances in fundamental’’; 
(B) by striking ‘‘and’’ at the end of sub-
paragraph (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 subpara-
graph (C) to read as follows: 
‘‘(C) research and development of ad-
vanced manufacturing process and technologies 
for the domestic manufacturing of novel energy 
technologies; and’’; 
(3) by redesignating subsections (f) through 
(m) as subsections (g), (h), (i), (j), (l), (m), (n), and 
(o), respectively; 
(4) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) AWARDS.—In carrying out this section, the Di-
rector shall initiate and execute awards in the form of 
grants, contracts, cooperative agreements, cash prizes, 
and other transactions.’’; 
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(5) in subsection (g), as so redesignated by 
paragraph (3) 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, including 
legal counsel, contracting personnel, and program di-
rectors, with sufficient qualifications and expertise 
to enable ARPA–E to carry out its responsibilities 
under this section separate and distinct from the op-
erations of the rest of the Department.’’; 
(C) in paragraph (2)(A), as so redesig-
nated by subparagraph (A) of this paragraph, 
by striking ‘‘each of’’; 
(D) in paragraph (2)(B), as so redesig-
nated by subparagraph (A) of this paragraph— 
(i) in clause (iv), by striking ‘‘, with 
advice under subsection (j) as appro-
priate,’’; 
(ii) by redesignating clauses (v) and 
(vi) as clauses (vi) and (viii), respectively; 
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(iii) by inserting after clause (iv) the 
following new clause: 
‘‘(v) identifying innovative cost-shar-
ing arrangements for ARPA–E projects, 
including through use of the authority 
under section 988(b)(3) of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16352(b)(3));’’; 
(iv) in clause (vi), as so redesignated 
by clause (ii) of this subparagraph, by 
striking ‘‘; and’’ and inserting a semicolon; 
and 
(v) by inserting after clause (vi), as so 
redesignated by clause (ii) of this subpara-
graph, the following new clause: 
‘‘(vii) identifying mechanisms for com-
mercial application of successful energy 
technology development projects, including 
through establishment of partnerships be-
tween awardees and commercial entities; 
and’’; 
(E) in paragraph (2)(C), as so redesig-
nated by subparagraph (A) of this paragraph, 
by inserting ‘‘up to’’ after ‘‘shall be’’; 
(F) in paragraph (3), as so redesignated 
by subparagraph (A) of this paragraph, by 
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striking subparagraph (B) and redesignating 
subparagraphs (C) and (D) as subparagraphs 
(B) and (C), respectively; 
(G) by striking ‘‘program managers’’ each 
place it appears and inserting ‘‘program direc-
tors’’; 
(H) by striking ‘‘program manager’’ each 
place it appears and inserting ‘‘program direc-
tor’’; and 
(I) by adding at the end the following new 
paragraph: 
‘‘(4) FELLOWSHIPS.—The Director is author-
ized to select exceptional early-career and senior sci-
entific, 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 managers in pro-
gram 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); 
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‘‘(D) preparing energy technology and eco-
nomic analyses; and 
‘‘(E) any other appropriate responsibilities 
identified by the Director.’’; 
(6) in subsection (h)(2), as so redesignated by 
paragraph (3) of this section— 
(A) by striking ‘‘2008’’ and inserting 
‘‘2010’’; and 
(B) by striking ‘‘2011’’ and inserting 
‘‘2013’’; 
(7) by amending subsection (j), as so redesig-
nated by paragraph (3) of this section, to read as 
follows: 
‘‘(j) 
FEDERAL
DEMONSTRATION
OF
TECH-
NOLOGIES.—The Director shall seek opportunities to part-
ner with purchasing and procurement programs of Federal 
agencies to demonstrate energy technologies resulting 
from activities funded through ARPA–E.’’; 
(8) by inserting after such subsection (j) the 
following new subsection: 
‘‘(k) EVENTS.—The Director is authorized to con-
vene, organize, and sponsor events that further the objec-
tives of ARPA–E, including events that assemble award-
ees, the most promising applicants for ARPA–E funding, 
and a broad range of ARPA–E stakeholders (which may 
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include members of relevant scientific research and aca-
demic communities, government officials, financial institu-
tions, private investors, entrepreneurs, and other private 
entities), for the purposes of— 
‘‘(1) demonstrating projects of ARPA–E award-
ees; 
‘‘(2) demonstrating projects of finalists for 
ARPA–E awards and other energy technology 
projects; 
‘‘(3) facilitating discussion of the commercial 
application of energy technologies developed under 
ARPA–E and other government-sponsored research 
and development programs; or 
‘‘(4) such other purposes as the Director con-
siders appropriate.’’; 
(9) in subsection (m)(1), as so redesignated by 
paragraph (3) of this section, by striking ‘‘4 years’’ 
and inserting ‘‘6 years’’; 
(10) in subsection (m)(2)(B), as so redesig-
nated by paragraph (3) of this section, by inserting 
‘‘, and how those lessons may apply to the operation 
of other programs within the Department of En-
ergy’’ after ‘‘ARPA–E’’; 
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(11) by amending subsection (o)(2), as so re-
designated by paragraph (3) 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) $500,000,000 for fiscal year 2012; 
‘‘(C) $700,000,000 for fiscal year 2013; 
‘‘(D) $900,000,000 for fiscal year 2014; 
‘‘(E) $1,000,000,000 for fiscal year 2015; 
and 
‘‘(F) such sums as are necessary for each 
of fiscal years 2016 through 2020.’’; 
(12) in subsection (o), as so redesignated by 
paragraph (3) of this section, by— 
(A) striking paragraph (4); and 
(B) redesignated paragraph (5) as para-
graph (4); and 
(13) in subsection (o)(4)(B), as so redesignated 
by paragraphs (3) and (12)(B) of this subsection— 
(A) by striking ‘‘2.5 percent’’ and inserting 
‘‘5 percent’’; and 
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(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 ac-
tivities’’. 
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 op-
erating Energy Innovation Hubs to conduct and 
support, whenever practicable at one centralized lo-
cation, multidisciplinary, collaborative research, de-
velopment, demonstration, and commercial applica-
tion 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 ad-
vanced energy technology development focus. 
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(3) COORDINATION.—The Secretary shall en-
sure the coordination of, and avoid unnecessary du-
plication of, the activities of Hubs with those of 
other Department of Energy research entities, in-
cluding the National Laboratories, the Advanced Re-
search Projects Agency—Energy, and Energy Fron-
tier Research Centers, and within industry. Such co-
ordination shall include convening and consulting 
with representatives of staff of the Department of 
Energy, representatives from Hubs and the quali-
fying entities that are members of the consortia op-
erating the Hubs, and representatives of such other 
entities as the Secretary considers appropriate, to 
share research results, program plans, and opportu-
nities for collaboration. 
(4) ADMINISTRATION.—The Secretary shall ad-
minister 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— 
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(A) be composed of no fewer than 2 quali-
fying entities; 
(B) operate subject to a binding agreement 
entered into by its members that documents— 
(i) the proposed partnership agree-
ment, including the governance and man-
agement structure of the Hub; 
(ii) measures to enable cost-effective 
implementation of the program under this 
section; 
(iii) a proposed budget, including fi-
nancial 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 en-
ables the Secretary to ensure that the con-
sortium has complied with the require-
ments of this section; and 
(vi) an external advisory committee 
consistent with subsection (d)(2); and 
(C) operate as a nonprofit organization. 
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(2) APPLICATION.—A consortium seeking to es-
tablish and operate a Hub under this section, acting 
through a prime applicant, shall transmit to the Sec-
retary an application at such time, in such form, 
and accompanied by such information as the Sec-
retary shall require, including a detailed description 
of the elements of the consortium agreement re-
quired under paragraph (1)(B). 
(c) SELECTION
AND SCHEDULE.—The Secretary 
shall select consortia for grants for the establishment and 
operation of Hubs through competitive selection processes. 
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 pro-
vide for multidisciplinary, collaborative research, de-
velopment, demonstration, and commercial applica-
tion of advanced energy technologies within the tech-
nology development focus designated for the Hub by 
the Secretary under subsection (a)(2). Each Hub 
shall— 
(A) encourage collaboration and commu-
nication among the member qualifying entities 
of the consortium and awardees by conducting 
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activities whenever practicable at one central-
ized location; 
(B) develop and publish on the Depart-
ment of Energy’s Web site proposed plans and 
programs; 
(C) submit an annual report to the Sec-
retary summarizing the Hub’s activities, includ-
ing detailing organizational expenditures, listing 
external advisory committee members, and de-
scribing 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 exper-
tise to advise and provide guidance on scientific, 
technical, industry, financial, and research manage-
ment 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 
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disclose all material conflicts of interest, includ-
ing financial, organizational, and personal con-
flicts of interest. 
(B) 
DISQUALIFICATION
AND
REVOCA-
TION.—The Secretary may disqualify an appli-
cation 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.—No funds 
provided pursuant to this section may be used for con-
struction of new buildings or facilities for Hubs. Construc-
tion of new buildings or facilities shall not be considered 
as part of the non-Federal share of a Hub cost-sharing 
agreement. 
(f) OVERSIGHT BOARD.—The Secretary shall estab-
lish and maintain within the Department an Oversight 
Board to oversee the progress of Hubs. 
(g) DEFINITIONS.—For purposes of this section: 
(1) ADVANCED
ENERGY
TECHNOLOGY.—The 
term ‘‘advanced energy technology’’ means an inno-
vative technology— 
(A) that produces energy from solar, wind, 
geothermal, biomass, tidal, wave, ocean, or 
other renewable energy resources; 
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(B) that produces nuclear energy; 
(C) for carbon capture and sequestration; 
or 
(D) that generates, transmits, distributes, 
utilizes, or stores energy more efficiently than 
conventional technologies. 
(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 ‘‘quali-
fying entity’’ means— 
(A) an institution of higher education; 
(B) an appropriate State or Federal entity; 
(C) a nongovernmental organization with 
expertise in advanced energy technology re-
search, development, demonstration, or com-
mercial application; or 
(D) any other relevant entity the Secretary 
considers appropriate. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
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(h) 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; 
(3) $195,000,000 for fiscal year 2013; 
(4) $210,000,000 for fiscal year 2014; and 
(5) $210,000,000 for fiscal year 2015. 
Æ 
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