110 
(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. 
(g) OUTREACH.—In carrying out the program under 
this section, the Director shall conduct outreach efforts 
to encourage applications from underrepresented groups. 
SEC. 247. BROADENING PARTICIPATION TRAINING AND 
OUTREACH. 
The Director shall provide education and training— 
(1) to Foundation staff and grant proposal 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: 
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‘‘SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION 
IN STEM. 
‘‘(a) IN GENERAL.—The Director shall award grants, 
on a competitive, merit-reviewed basis, to institutions of 
higher education (or to consortia thereof) to reform under-
graduate STEM education for the purpose of increasing 
the number and quality of students studying toward and 
completing baccalaureate degrees in STEM and improving 
the STEM learning outcomes for all undergraduate stu-
dents, including 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-
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laborations for the purpose of improved student in-
struction and research in STEM; 
‘‘(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 pro-
grams, including programs that address student 
transition from 2-year to 4-year institutions, and co-
hort, tutoring, or mentoring programs proven to en-
hance student recruitment or persistence to degree 
completion in STEM, including recruitment or per-
sistence to degree completion of individuals identi-
fied in section 33 or 34 of the Science and Engineer-
ing Equal Opportunities Act (42 U.S.C. 1885a or 
1885b); 
‘‘(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; 
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‘‘(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 
assessment activities at primarily undergraduate in-
stitutions; 
‘‘(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; and 
‘‘(9) support for initiatives that advance the in-
tegration of global challenges such as sustainability 
into disciplinary and interdisciplinary STEM edu-
cation. 
‘‘(c) PARTNERSHIP.—An institution of higher edu-
cation may partner with one or more other nonprofit edu-
cation or research organizations, including scientific and 
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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; 
‘‘(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-
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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 
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 
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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-
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 
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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— 
(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 
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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-
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. 
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(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; 
(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-
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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— 
(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 
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(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-
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), in addition 
to the Hispanic-Serving Institutions Undergraduate Pro-
gram required by section 7033 of the America COM-
PETES Act (42 U.S.C. 1862o–12), the Director shall de-
velop 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 
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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 
(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 
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or consolidation of the programs described in subsection 
(a). 
SEC. 251. GRAND CHALLENGES IN EDUCATION RESEARCH. 
(a) IN GENERAL.—The Director and the Secretary 
of Education shall collaborate, in consultation with the Di-
rector of the National Institutes of Health, in— 
(1) identifying, prioritizing, and developing 
strategies to address grand challenges in research 
and development on the teaching and learning of 
STEM at the pre-K–12 level, in formal and informal 
settings, for diverse learning populations, including 
individuals identified in section 33 or 34 of the 
Science and Engineering Equal Opportunities Act 
(42 U.S.C. 1885a or 1885b), and students in rural 
schools; 
(2) carrying out research and development to 
address the grand challenges identified in paragraph 
(1); and 
(3) ensuring the dissemination of the results of 
such research and development. 
(b) STAKEHOLDER INPUT.—In identifying the grand 
challenges required in subsection (a), the Director and the 
Secretary shall— 
(1) take into consideration critical research 
gaps identified in existing reports, including reports 
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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, in order to provide students with increased ac-
cess to rigorous courses of study in STEM, increase the 
number of students who are prepared for advanced study 
and careers in STEM, and increase the effective teaching 
of STEM subjects, shall at a minimum consider the fol-
lowing topics: 
(1) Research on scalability, sustainability, and 
replication of successful STEM activities, programs, 
and models, in formal and informal environments. 
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(2) Research that utilizes a systems approach 
to identifying challenges and opportunities to im-
prove the teaching and learning of STEM, including 
development and evaluation of model systems that 
support improved teaching and learning of STEM 
across entire school districts and States, and encom-
passing and integrating the teaching and learning of 
STEM in formal and informal venues, and in K–12 
schools and institutions of higher education. 
(3) Research to understand what makes a 
STEM teacher effective and pre-service and in-serv-
ice STEM teacher training and professional develop-
ment effective, including development of tools and 
methodologies to measure STEM teacher effective-
ness. 
(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 
development of tools and methodologies for assessing 
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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. 
(7) Research to understand what makes hands- 
on, inquiry-based classroom experiences effective, in-
cluding development of tools and methodologies for 
assessing such experiences. 
(d) REPORT
TO CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the 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; 
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(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; 
(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 
6 or more undergraduate STEM students for sites des-
ignated at primarily undergraduate institutions of higher 
education and 10 or more undergraduate STEM students 
for all other sites, with consideration given to the goal of 
promoting the participation of individuals identified in sec-
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tion 33 or 34 of the Science and Engineering Equal Op-
portunities Act (42 U.S.C. 1885a or 1885b). The Director 
shall ensure that— 
(1) at least half of the students participating in 
a program funded by a grant under this subsection 
at each site shall be recruited from institutions of 
higher education where research opportunities in 
STEM are limited, including 2-year institutions; 
(2) the awards provide undergraduate research 
experiences in a wide range of STEM disciplines; 
(3) the awards support a variety of projects, 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 
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fields, through receipt of the undergraduate degree 
and for at least 3 years thereafter. 
(b) INCLUSION OF UNDERGRADUATES IN STANDARD 
RESEARCH GRANTS.—The Director shall require that 
every recipient of a research grant from the Foundation 
proposing to include 1 or more students enrolled in certifi-
cate, associate, or baccalaureate degree programs in car-
rying out the research under the grant shall request sup-
port, including stipend support, for such undergraduate 
students as part of the research proposal itself rather than 
as a supplement to the research proposal, unless such un-
dergraduate participation was not foreseeable at the time 
of the original proposal. 
SEC. 253. LABORATORY SCIENCE PILOT PROGRAM. 
Section 7026 of the America COMPETES Act (Pub-
lic Law 110–69) is amended by striking subsections (d) 
and (e). 
SEC. 254. STEM INDUSTRY INTERNSHIP PROGRAMS. 
(a) IN GENERAL.—The Director may award grants, 
on a competitive, merit-reviewed basis, to institutions of 
higher education, or consortia thereof, to establish or ex-
pand partnerships with local or regional private sector en-
tities, for the purpose of providing undergraduate students 
with integrated internship experiences that connect private 
sector internship experiences with the students’ STEM 
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coursework. Such partnerships may also include industry 
or professional associations. 
(b) PRIORITY.—In awarding grants under this sec-
tion, the Director shall give priority to institutions of high-
er education or consortia thereof that demonstrate signifi-
cant outreach to and coordination with local or regional 
private sector entities in developing academic courses de-
signed to provide students with the skills necessary for em-
ployment in local or regional companies. 
(c) OUTREACH
TO
RURAL
COMMUNITIES.—The 
Foundation shall conduct outreach to institutions of high-
er education and private sector entities in rural areas to 
encourage those entities to participate in partnerships 
under this section. 
(d) COST-SHARE.—The Director shall require a 50 
percent non-Federal cost-share from partnerships estab-
lished or expanded under this section. 
(e) RESTRICTION.—No Federal funds provided under 
this section may be used— 
(1) for the purpose of providing stipends or 
compensation to students for private sector intern-
ships; or 
(2) as payment or reimbursement to private 
sector entities, except for institutions of higher edu-
cation. 
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(f) REPORT.—Not less than 3 years after the date 
of enactment of this Act, the Director shall submit a re-
port to Congress on the number and total value of awards 
made under this section, the number of students affected 
by those awards, any evidence of the effect of those awards 
on workforce preparation and jobs placement for partici-
pating students, and an economic and ethnic breakdown 
of the participating students. 
SEC. 255. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. 
(a) IN GENERAL.—The Director shall continue to 
support a program to award grants on a competitive, 
merit-reviewed basis to tribal colleges and universities (as 
defined in section 316 of the Higher Education Act of 
1965 (20 U.S.C. 1059c)), including institutions described 
in section 317 of such Act (20 U.S.C. 1059d), to enhance 
the quality of undergraduate STEM education at such in-
stitutions and to increase the retention and graduation 
rates of Native American students pursuing associate’s or 
baccalaureate degrees in STEM. 
(b) PROGRAM COMPONENTS.—Grants awarded under 
this section shall support— 
(1) activities to improve courses and curriculum 
in STEM; 
(2) faculty development; 
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(3) stipends for undergraduate students partici-
pating in research; and 
(4) other activities consistent with subsection 
(a), as determined by the Director. 
(c) INSTRUMENTATION.—Funding provided under 
this section may be used for instrumentation. 
SEC. 256. CYBER-ENABLED LEARNING FOR NATIONAL 
CHALLENGES. 
The Director shall, in consultation with appropriate 
Federal agencies, identify ways to use cyber-enabled learn-
ing to create an innovative STEM workforce and to help 
retrain and retain our existing STEM workforce to ad-
dress national challenges, including national security and 
competitiveness. 
SEC. 257. SENSE OF CONGRESS. 
It is the sense of Congress that retaining graduate- 
level talent trained at American universities in Science, 
Technology, Engineering, and Mathematics (STEM) fields 
is critical to enhancing the competitiveness of American 
businesses. 
TITLE III—STEM EDUCATION 
SEC. 301. COORDINATION OF FEDERAL STEM EDUCATION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘STEM Education Coordination Act of 2010’’. 
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(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; 
(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; 
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(C) describe the approaches that will be 
taken by each participating agency to assess the 
effectiveness of its STEM education programs 
and activities; 
(D) with respect to subparagraph (A), de-
scribe the role of each agency in supporting 
programs and activities designed to achieve the 
objectives; 
(E) describe the approaches that will be 
taken by each agency to increase the participa-
tion of underrepresented minority groups in 
STEM studies and careers both for programs 
specifically designed to broaden participation 
and for all programs in general, including by 
providing for programs and activities that in-
crease participation by individuals in these 
groups at all institutions, and by increasing the 
engagement of Historically Black Colleges and 
Universities and minority-serving institutions in 
the STEM education and outreach activities 
supported by the agencies; and 
(F) describe the approaches that will be 
taken by each participating agency to conduct 
outreach designed to promote widespread public 
understanding of career opportunities in the 
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STEM fields specific to the workforce needs of 
each agency, including outreach to women, 
Latinos, African-Americans, Native Americans, 
and other students from groups underrep-
resented in STEM; 
(3) establish, periodically update, and maintain 
an inventory of federally sponsored STEM education 
programs and activities, including documentation of 
assessments of the effectiveness of such programs 
and activities and rates of participation by underrep-
resented minorities in such programs and activities; 
and 
(4) establish and maintain a publically acces-
sible online database of all federally sponsored 
STEM education programs and activities at all levels 
and for all audiences, including students, teachers, 
and the general public. 
(e) RESPONSIBILITIES OF OSTP.—The Director of 
the Office of Science and Technology Policy shall encour-
age and monitor the efforts of the participating agencies 
to ensure that the strategic plan under subsection (d)(2) 
is developed and executed effectively and that the 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 
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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-
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 
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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) Elementary school and secondary school ad-
ministrator associations. 
(2) STEM educator professional associations. 
(3) Organizations that provide informal STEM 
education activities. 
(4) Institutions of higher education. 
(5) Scientific and engineering professional soci-
eties. 
(6) Business and industry associations. 
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(7) Foundations that fund STEM education ac-
tivities. 
(c) RESPONSIBILITIES.—The responsibilities of the 
advisory committee shall include— 
(1) soliciting input from teachers and adminis-
trators in both public and private schools, local edu-
cational agencies, States, and other public and pri-
vate STEM education stakeholder groups for the 
purpose of informing the Federal agencies that sup-
port STEM education programs on the STEM edu-
cation needs of States and school districts, including 
the unique needs of schools in rural areas; 
(2) soliciting input from all STEM education 
stakeholder groups regarding STEM education pro-
grams, including STEM education research pro-
grams, supported by Federal agencies; 
(3) providing advice to the Federal agencies, in-
cluding through the interagency committee estab-
lished under section 301, that support STEM edu-
cation programs on how their programs can be bet-
ter aligned with the needs of States and school dis-
tricts as identified in paragraph (1), consistent with 
the mission of each agency; 
(4) offering guidance to the President on cur-
rent STEM education activities, research findings, 
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and best practices, with the purpose of increasing 
connectivity between public and private STEM edu-
cation efforts; 
(5) providing advice to Federal agencies on how 
their STEM technical training and education pro-
grams can be better aligned with the workforce 
needs of States and regions; and 
(6) facilitating improved coordination between 
federally supported STEM education programs and 
activities and State level activities, including the ef-
forts of P–16 and P–20 councils in the States. 
(d) DEFINITIONS.—For purposes of this section: 
(1) P–16.—The term ‘‘P–16’’ refers to a system 
of education that encompasses preschool through un-
dergraduate level education. 
(2) P–20.—The term ‘‘P–20’’ refers to a system 
of education that encompasses preschool through 
graduate level education. 
SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF 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 
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(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— 
‘‘(i) petroleum or reservoir engineer-
ing; 
‘‘(ii) environmental geoscience; 
‘‘(iii) petrophysics; 
‘‘(iv) geophysics; 
‘‘(v) geochemistry; 
‘‘(vi) petroleum geology; 
‘‘(vii) ocean engineering; 
‘‘(viii) environmental engineering; and 
‘‘(ix) carbon capture and sequestra-
tion science and engineering; 
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‘‘(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; 
‘‘(vi) marine and hydrokinetic tech-
nology systems; 
‘‘(vii) geothermal systems; and 
‘‘(viii) biomass technology systems; 
and 
‘‘(D) energy storage and distribution sys-
tems science and engineering, including with re-
spect to— 
‘‘(i) energy storage; and 
‘‘(ii) energy delivery.’’. 
(b) SCIENCE, TECHNOLOGY, ENGINEERING, AND 
MATHEMATICS EDUCATION PROGRAMS.—Subpart B of 
the Department of Energy Science Education Enhance-
ment Act (42 U.S.C. 7381g et seq.) is amended— 
(1) in section 3170— 
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(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— 
‘‘(i) petroleum or reservoir engineer-
ing; 
‘‘(ii) environmental geoscience; 
‘‘(iii) petrophysics; 
‘‘(iv) geophysics; 
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‘‘(v) geochemistry; 
‘‘(vi) petroleum geology; 
‘‘(vii) ocean engineering; 
‘‘(viii) environmental engineering; and 
‘‘(ix) carbon capture and sequestra-
tion science and 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; 
‘‘(vi) marine and hydrokinetic tech-
nology systems; 
‘‘(vii) geothermal systems; and 
‘‘(viii) biomass technology 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 that leverage the De-
partment’s unique content expertise and facilities to con-
tribute to improving STEM education at all levels in the 
United States, and to enhance awareness and under-
standing of STEM, including energy sciences, in order to 
create a diverse skilled scientific and technical workforce 
essential to meeting the challenges facing the Department 
and the Nation in the 21st century. 
‘‘(b) PROGRAMS.—The Secretary shall carry out evi-
dence-based programs designed to increase student inter-
est and participation, including by women and underrep-
resented minority students, improve public literacy and 
support, and improve the teaching and learning of energy 
systems science and engineering and other STEM dis-
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ciplines supported by the Department. Programs author-
ized 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; 
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‘‘(5) competitive scholarships, fellowships, and 
traineeships for undergraduate and graduate stu-
dents in energy systems science and engineering and 
other STEM disciplines supported by the Depart-
ment; 
‘‘(6) competitive grants for institutions of high-
er education (as defined under section 101(a) of the 
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1001(a))), including 2-year institutions of higher 
education, to establish or expand degree programs or 
courses in energy systems science and engineering; 
and 
‘‘(7) professional training for energy auditors, 
field technicians, and building contractors, in the 
areas of building energy retrofits and audits or re-
lated renewable energy technology installations. 
‘‘(c) ORGANIZATION
OF STEM EDUCATION PRO-
GRAMS.— 
‘‘(1) DIRECTOR
OF
STEM
EDUCATION.—The 
Secretary shall appoint or designate a Director of 
STEM Education, who shall have the principal re-
sponsibility to oversee and coordinate all programs 
and activities of the Department in support of 
STEM education, including energy systems science 
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and engineering education, across all functions of 
the Department. 
‘‘(2) QUALIFICATIONS.—The Director shall be 
an individual, who by reason of professional back-
ground and experience, is specially qualified to ad-
vise the Secretary on all matters pertaining to 
STEM education, including energy systems science 
and engineering education, at the Department. 
‘‘(3) DUTIES.—The Director shall— 
‘‘(A) oversee and coordinate all programs 
in support of STEM education, including en-
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; 
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‘‘(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-
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— 
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‘‘(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 re-
quired under section 301(d)(2) of the STEM Edu-
cation Coordination Act of 2010; 
‘‘(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 
‘‘(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). 
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‘‘(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 
(4) in section 3191— 
(A) in subsection (a)— 
(i) by striking ‘‘web-based’’ and in-
serting ‘‘, through a publicly available 
website,’’; and 
(ii) by inserting ‘‘and project-based 
learning opportunities’’ after ‘‘laboratory 
experiments’’; 
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(B) in subsection (b)(1), by inserting ‘‘, in-
cluding energy systems science and engineer-
ing’’ after ‘‘the science of energy’’; and 
(C) by striking subsection (d). 
(c) ENERGY APPLIED SCIENCE TALENT EXPANSION 
PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.— 
(1) AMENDMENT.—Strike sections 5004 and 
5005 of the America COMPETES Act (42 U.S.C. 
16532 and 16533) and insert the following new sec-
tion: 
‘‘SEC. 5004. ENERGY APPLIED SCIENCE TALENT EXPANSION 
PROGRAM FOR INSTITUTIONS OF HIGHER 
EDUCATION. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to address the decline in the number of 
and resources available to energy systems science 
and engineering programs at institutions of higher 
education, including community colleges; and 
‘‘(2) to increase the number of graduates with 
degrees in energy systems science and engineering, 
an area of strategic importance to the economic 
competitiveness and energy security of the United 
States. 
‘‘(b) ESTABLISHMENT.—The Secretary shall award 
grants, on a competitive, merit-reviewed basis, to institu-
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‘‘(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 3 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. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section— 
‘‘(1) $30,000,000 for fiscal year 2011; 
‘‘(2) $32,000,000 for fiscal year 2012; and 
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‘‘(3) $36,000,000 for fiscal year 2013.’’. 
(2) CONFORMING AMENDMENT.—The table of 
contents for the America COMPETES Act is 
amended by striking the items relating to sections 
5004 and 5005 and inserting the following: 
‘‘Sec. 5004. Energy applied science talent expansion program for institutions of 
higher education.’’. 
(d) DEPARTMENT
OF
ENERGY
EARLY
CAREER 
AWARDS
FOR SCIENCE, ENGINEERING, AND 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 ‘‘$175,000 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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(5) in subsection (d), by striking ‘‘merit-re-
viewed’’ and inserting ‘‘merit-based, peer reviewed’’; 
and 
(6) in subsection (h)— 
(A) by striking ‘‘, acting through the Di-
rector,’’; and 
(B) by striking ‘‘$25,000,000 for each of 
fiscal years 2008 through 2010’’ and inserting 
‘‘such sums as are necessary’’. 
(e) PROTECTING AMERICA’S COMPETITIVE EDGE 
(PACE) GRADUATE FELLOWSHIP PROGRAM.—Section 
5009 of the America COMPETES Act (42 U.S.C. 16536) 
is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘involv-
ing written and oral interviews, that will result 
in a wide distribution of awards throughout the 
United States,’’; and 
(B) in paragraph (2)(B)(iv), by striking 
‘‘verbal and’’; 
(2) in subsection (d)(1)(B)(i), by inserting 
‘‘partial or full’’ before ‘‘graduate tuition’’; and 
(3) by striking subsection (f). 
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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. 
SEC. 304. GREEN ENERGY EDUCATION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Green Energy Education Act of 2010’’. 
(b) DEFINITION.—For the purposes of this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Science Foundation. 
(2) HIGH PERFORMANCE BUILDING.—The term 
‘‘high performance building’’ has the meaning given 
that term in section 914(a) of the Energy Policy Act 
of 2005 (42 U.S.C. 16194(a)). 
(c) GRADUATE TRAINING
IN ENERGY RESEARCH 
AND DEVELOPMENT.— 
(1) FUNDING.—In carrying out research, devel-
opment, demonstration, and commercial application 
activities authorized for the Department of Energy, 
the Secretary may contribute funds to the National 
Science Foundation for the Integrative Graduate 
Education and Research Traineeship program to 
support projects that enable graduate education re-
lated to such activities. 
(2) CONSULTATION.—The Director shall con-
sult with the Secretary when preparing solicitations 
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and awarding grants for projects described in para-
graph (1). 
(d) CURRICULUM DEVELOPMENT FOR HIGH PER-
FORMANCE BUILDING DESIGN.— 
(1) FUNDING.—In carrying out advanced en-
ergy technology research, development, demonstra-
tion, and commercial application activities author-
ized for the Department of Energy related to high 
performance buildings, the Secretary may contribute 
funds to curriculum development activities at the 
National Science Foundation for the purpose of im-
proving undergraduate or graduate interdisciplinary 
engineering and architecture education related to the 
design and construction of high performance build-
ings, including development of curricula, of labora-
tory activities, of training practicums, or of design 
projects. A primary goal of curriculum development 
activities supported under this subsection shall be to 
improve the ability of engineers, architects, land-
scape architects, and planners to work together on 
the incorporation of advanced energy technologies 
during the design and construction of high perform-
ance buildings. 
(2) CONSULTATION.—The Director shall con-
sult with the Secretary when preparing solicitations 
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and awarding grants for projects described in para-
graph (1). 
(3) PRIORITY.—In awarding grants with re-
spect to which the Secretary has contributed funds 
under this subsection, the Director shall give priority 
to applications from departments, programs, or cen-
ters of a school of engineering that are partnered 
with schools, departments, or programs of design, 
architecture, landscape architecture, and city, re-
gional, or urban planning. 
SEC. 305. NATIONAL ACADEMY OF SCIENCES REPORT ON 
STRENGTHENING THE CAPACITY OF 2-YEAR 
INSTITUTIONS OF HIGHER EDUCATION TO 
PROVIDE STEM OPPORTUNITIES. 
Not later than 6 months after the date of enactment 
of this Act, the Office of Science and Technology Policy 
shall enter into a contract with the National Academy of 
Sciences to carry out a study evaluating the role of 2-year 
institutions of higher education as STEM educators, in-
cluding in the preparation of students for direct entry into 
the STEM workforce and in preparation of students for 
transition into 4-year STEM degree programs, as well as 
the role of the Federal Government in helping 2-year insti-
tutions of higher education build their capacity to be effec-
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tive STEM educators. At a minimum, the report shall in-
clude— 
(1) an evaluation of the current capacity of 2- 
year institutions of higher education to be effective 
STEM educators, including in the preparation of 
students for direct entry into the STEM workforce 
and for transition into 4-year STEM degree pro-
grams; 
(2) a description of existing challenges to ex-
panding opportunities for 2-year institutions of high-
er education to provide and enhance STEM learning 
and provide STEM degrees that prepare students 
well for direct entry into the STEM workforce or for 
transition into 4-year degree programs; 
(3) identification and description of Federal 
programs that have successfully strengthened the ca-
pacity of 2-year institutions of higher education to 
provide and enhance STEM opportunities; 
(4) a recommendation or recommendations re-
garding how Federal agencies should set priorities 
for supporting STEM education at 2-year institu-
tions of higher education; 
(5) a recommendation or recommendations re-
garding ways Federal agencies can provide increased 
opportunities for 2-year institutions of higher edu-
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cation to participate across their portfolios of STEM 
education and research programs, including— 
(A) ways to engage 2-year institution of 
higher education faculty and students with re-
search experiences; 
(B) strategies for improving the cur-
riculum and teaching of developmental mathe-
matics given that many 2-year institutions of 
higher education provide remediation in mathe-
matics and other STEM coursework; and 
(C) enhancing the basic scientific labora-
tory infrastructure; and 
(6) a recommendation or recommendations re-
garding the need for and appropriateness of new 
Federal programs in support of STEM education at 
2-year institutions of higher education. 
SEC. 306. SENSE OF CONGRESS ON ENGINEERING EDU-
CATION. 
It is the Sense of Congress that— 
(1) in order to maintain our Nation’s competi-
tiveness, we must improve the quality of STEM edu-
cation in the Nation; 
(2) the incorporation of engineering education 
at the elementary and secondary levels has the po-
tential to improve student learning and achievement 
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in science and mathematics, and to increase the 
technological literacy of all students; 
(3) formal and informal educational providers, 
including K–12 schools, should integrate engineering 
design principles into their curriculum; and 
(4) exposing elementary and secondary students 
to engineering education can expand students’ un-
derstanding of engineering and their awareness of 
career opportunities in these fields. 
SEC. 307. SENSE OF CONGRESS ON GRANT APPLICATION 
CONSIDERATION. 
For science, technology, engineering, and mathe-
matics (STEM) education programs or activities author-
ized under this Act or amendments made by this Act, it 
is the sense of Congress that when more than 1 applicant 
is competing for the same grant and the applications from 
each applicant are considered equal in merit by the grant- 
awarding authority, the grant-awarding authority shall 
give additional consideration to any of the following: 
(1) An applicant that has not previously re-
ceived funding. 
(2) An applicant that is an institution of higher 
education in a rural area. 
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SEC. 308. ENCOURAGING FEDERAL SCIENTISTS AND ENGI-
NEERS 
TO 
PARTICIPATE 
IN 
STEM 
EDU-
CATION. 
Not later than 6 months after the date of enactment 
of this Act, the Director of the Office of Science and Tech-
nology Policy, in consultation with the Department of 
Education, shall develop a policy to— 
(1) increase volunteerism in STEM education 
activities by encouraging scientists and engineers 
from Federal science agencies conducting non-
military scientific research and development, includ-
ing scientists and engineers of the federally funded 
research and development centers supported by 
those agencies, to volunteer in STEM education ac-
tivities, and by providing administrative support for 
such scientists and engineers to engage in such vol-
unteerism; and 
(2) support increased communication and part-
nerships between scientists and engineers from Fed-
eral science agencies conducting nonmilitary sci-
entific research and development, including scientists 
and engineers of the federally funded research and 
development centers supported by those agencies, 
and elementary and secondary schools and teachers 
through volunteerism in STEM education activities. 
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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 
$991,100,000 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 
(C) $246,100,000 shall be authorized for 
industrial technology services activities, of 
which— 
(i) $95,000,000 shall be authorized 
for the Technology Innovation Program 
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(C) $250,200,000 shall be authorized for 
industrial technology services activities, of 
which— 
(i) $89,000,000 shall be authorized 
for the Technology Innovation Program 
under section 28 of the National Institute 
of Standards and Technology Act (15 
U.S.C. 278n); 
(ii) $150,900,000 shall be authorized 
for the Manufacturing Extension 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.— 
(1) IN GENERAL.—There are authorized to be 
appropriated 
to 
the 
Secretary 
of 
Commerce 
$1,079,809,000 for the National Institute of Stand-
ards and Technology for fiscal year 2013. 
(2) SPECIFIC
ALLOCATIONS.—Of the amount 
authorized under paragraph (1)— 
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until such time as a successor is appointed under sub-
section (b).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TITLE 5, UNITED STATES CODE.— 
(A) LEVEL III.—Section 5314 of title 5, 
United States Code, is amended by inserting 
before the item ‘‘Associate Attorney General’’ 
the following: 
‘‘Under Secretary of Commerce for Standards 
and Technology, who also serves as Director of the 
National Institute of Standards and Technology.’’. 
(B) LEVEL IV.—Section 5315 of title 5, 
United States Code, is amended by striking 
‘‘Director, National Institute of Standards and 
Technology, Department of Commerce.’’. 
(2) NATIONAL INSTITUTE OF STANDARDS AND 
TECHNOLOGY ACT.—Section 5 of the National Insti-
tute of Standards and Technology Act (15 U.S.C. 
274) is amended by striking the first, fifth, and 
sixth sentences. 
SEC. 404. REORGANIZATION OF NIST LABORATORIES. 
(a) ORGANIZATION.—The Director shall reorganize 
the scientific and technical research and services labora-
tory program into the following operational units: 
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(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. 
(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, and promotion of standards adoption. 
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(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 
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 user facility, whose mission is to provide 
neutron-based measurement capabilities to research-
ers from industry, institutions of higher education, 
the National Institute of Standards and Technology, 
and other Federal agencies in support of materials 
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research, nondestructive evaluation, neutron imag-
ing, chemical analysis, neutron standards, dosimetry, 
and radiation metrology. 
(b) ADDITIONAL DUTIES.—The Director may assign 
additional duties to the operational units listed in sub-
section (a) that are consistent with the missions of such 
units. 
(c) 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. 
(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— 
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(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 
‘‘(15) to convene Federal departments and 
agencies, as appropriate, to— 
‘‘(A) coordinate and determine Federal 
Government positions on specific policy issues 
related to the development of international tech-
nical standards and conformity assessment-re-
lated 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 
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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-
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: 
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‘‘(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.—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— 
‘‘(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.’’. 
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(c) REPORTS.—Section 25 of such Act (15 U.S.C. 
278k) is further amended by adding after subsection (g), 
as added by subsection (b), the following: 
‘‘(h) REPORTS.— 
‘‘(1) IN GENERAL.—In submitting the 3-year 
programmatic planning document and annual up-
dates under section 23, the Director shall include an 
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 2013, 
the Secretary may not provide to a Center more 
than 50 percent of the costs incurred by such Center 
and may not require that a Center’s cost share ex-
ceed 50 percent. 
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‘‘(8) Not later than 2 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— 
‘‘(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 2013 to provide for the long- 
term sustainability of the program.’’. 
(e) ADVISORY BOARD.—Section 25(e)(4) of such Act 
(15 U.S.C. 278k(e)(4)) is amended to read as follows: 
‘‘(4) FEDERAL ADVISORY COMMITTEE ACT 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. 
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‘‘(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 after subsection (h), 
as added by subsection (c), the following: 
‘‘(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.’’. 
(g) EVALUATION OF OBSTACLES UNIQUE TO SMALL 
MANUFACTURERS.—Section 25 of such Act (15 U.S.C. 
278k) is further amended by adding after subsection (i), 
as added by subsection (f), the following: 
‘‘(j) EVALUATION OF OBSTACLES UNIQUE TO SMALL 
MANUFACTURERS.—The Director shall— 
‘‘(1) evaluate obstacles that are unique to small 
manufacturers that prevent such manufacturers 
from effectively competing in the global market; 
‘‘(2) implement a comprehensive plan to train 
the Centers to address such obstacles; and 
‘‘(3) facilitate improved communication between 
the Centers to assist such manufacturers in imple-
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menting appropriate, targeted solutions to such ob-
stacles.’’. 
SEC. 407. EMERGENCY COMMUNICATION AND TRACKING 
TECHNOLOGIES RESEARCH INITIATIVE. 
(a) ESTABLISHMENT.—The Director shall establish a 
research initiative to support the development of emer-
gency communication and tracking technologies for use in 
locating trapped individuals in confined spaces, such as 
underground mines, and other shielded environments, 
such as high-rise buildings or collapsed structures, where 
conventional radio communication is limited. 
(b) ACTIVITIES.—In order to carry out this section, 
the Director shall work with the private sector and appro-
priate Federal agencies to— 
(1) perform a needs assessment to identify and 
evaluate the measurement, technical standards, and 
conformity assessment needs required to improve the 
operation and reliability of such emergency commu-
nication and tracking technologies; 
(2) support the development of technical stand-
ards and conformance architecture to improve the 
operation and reliability of such emergency commu-
nication and tracking technologies; and 
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(3) incorporate and build upon existing reports 
and studies on improving emergency communica-
tions. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Director shall submit 
to Congress and make publicly available a report describ-
ing the assessment performed under subsection (b)(1) and 
making recommendations about research priorities to ad-
dress gaps in the measurement, technical standards, and 
conformity assessment needs identified by such assess-
ment. 
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.’’. 
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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 
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 special 
consideration to an application from a teacher from a 
high-need school, as defined in section 200 of the Higher 
Education Act of 1965 (20 U.S.C. 1021).’’. 
SEC. 410. CYBER SECURITY STANDARDS AND GUIDELINES. 
Cyber security standards and guidelines developed by 
the National Institute of Standards and Technology for 
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use by United States industry and the public shall be vol-
untary. 
SEC. 411. DISASTER RESILIENT BUILDINGS AND INFRA-
STRUCTURE. 
(a) ESTABLISHMENT.—The Director shall carry out 
a disaster resilient buildings and infrastructure program. 
(b) REAL-SCALE STRUCTURES.—As part of the pro-
gram, the Director shall— 
(1) develop the capability to test real-scale 
structures under realistic fire and structural loading 
conditions; and 
(2) assist in the validation of predictive models 
by developing a database on the performance of 
large-scale structures under realistic fire and struc-
tural loading conditions. 
(c) DATABASE.—As part of the program, the Direc-
tor shall develop a database on the performance of the 
built environment during natural and man-made hazard 
events. 
SEC. 412. DEFINITIONS. 
In this title: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Institute of Standards 
and Technology. 
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(2) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ has the meaning given such term in section 
4 of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3703). 
SEC. 413. REPORT ON THE USE OF MODELING AND SIMULA-
TION. 
(a) IN GENERAL.—Within 1 year after the date of 
enactment of this Act, the Director shall submit a report 
to Congress examining the use of high-performance com-
putational modeling and simulation by small- and me-
dium-sized manufacturers. 
(b) SPECIFIC REQUIREMENTS.—Such report shall in-
clude the following: 
(1) An assessment of the current utilization of 
high-performance computational modeling and sim-
ulation by small- and medium-sized manufacturers. 
(2) An examination of any barriers or chal-
lenges to the use of high-performance computational 
modeling and simulation by small- and medium-sized 
manufacturers, including— 
(A) access to high-performance computing 
facilities and resources; 
(B) the availability of software and other 
applications tailored to meet the needs of such 
manufacturers; 
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(C) appropriate expertise and training; and 
(D) the availability of tools and other 
methods to understand and manage the costs 
and risks associated with transitioning to the 
use of computational modeling and simulation. 
(3) Recommendations for addressing any bar-
riers or challenges identified in paragraph (2) and, 
if appropriate, suggestions for action that the Fed-
eral Government may take to foster the development 
and utilization of high-performance computing re-
sources by small- and medium-sized manufacturers. 
(c) CONSULTATION.—In carrying out this section, the 
Director shall consult with the Office of Science and Tech-
nology Policy and with other relevant Federal agencies. 
SEC. 414. GREEN MANUFACTURING AND CONSTRUCTION. 
The Director shall carry out a green manufacturing 
and construction initiative to— 
(1) develop accurate sustainability metrics and 
practices for use in manufacturing; 
(2) advance the development of standards and 
the creation of an information infrastructure to com-
municate sustainability information about suppliers; 
and 
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(3) improve energy performance, service life, 
and indoor air quality of new and retrofitted build-
ings through validated measurement data. 
SEC. 415. NANOMATERIAL INITIATIVE. 
The Director shall carry out a nanomaterial research 
initiative to— 
(1) develop reference materials for nanomate-
rials 
and 
derived 
products 
to 
be 
used 
in 
benchmarking toxicity, calibrating instruments, and 
facilitating laboratory comparisons; 
(2) assist in the development of international 
documentary standards relating to nanomaterials; 
(3) develop instruments and measurement 
methods to determine the physical and chemical 
properties of nanomaterials; and 
(4) gather and develop data to support the cor-
relation of physical and chemical properties of nano-
materials to any environmental, safety, or other 
risks. 
SEC. 416. MANUFACTURING RESEARCH. 
(a) IN GENERAL.—The Director shall carry out a 
program to support transformational manufacturing re-
search. 
(b) ACTIVITIES.—As part of such program, the Di-
rector shall— 
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(1) develop and disseminate measurement tools 
and capabilities for new additive manufacturing and 
robotics technologies and methods; 
(2) establish new techniques and methods to ef-
ficiently generate and assemble products integrating 
nanoscale materials and devices; and 
(3) carry out other research with significant 
transformational potential for manufacturing. 
TITLE V—INNOVATION 
SEC. 501. OFFICE OF INNOVATION AND 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— 
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‘‘(1) developing policies to accelerate innovation 
and advance the commercialization of research and 
development, including federally funded research and 
development; 
‘‘(2) identifying existing barriers to innovation 
and commercialization, including access to capital 
and other resources, and ways to overcome those 
barriers; 
‘‘(3) providing access to relevant data, research, 
and technical assistance on innovation and commer-
cialization; 
‘‘(4) strengthening collaboration on and coordi-
nation of policies relating to innovation and commer-
cialization, including those focused on the needs of 
small businesses and rural communities, within the 
Department of Commerce and between the Depart-
ment 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).’’. 
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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 
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). 
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‘‘(d) LIMITATION ON AMOUNT.—A loan guarantee 
shall not exceed an amount equal to 80 percent of the obli-
gation, as estimated at the time at which the loan guar-
antee 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; 
‘‘(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 
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‘‘(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. 
‘‘(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 
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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 
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. 
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‘‘(3) NOTIFICATION.—If the borrower defaults 
on an obligation, the Secretary shall notify the At-
torney General of the default. 
‘‘(g) PAYMENT OF PRINCIPAL AND INTEREST BY 
SECRETARY.—With respect to any obligation guaranteed 
under this section, the Secretary may enter into a contract 
to pay, and pay, holders of the obligation for and on behalf 
of the borrower from funds appropriated for that purpose 
the principal and interest payments that become due and 
payable on the unpaid balance of the obligation if the 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 
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‘‘(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 
‘‘(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 
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‘‘(B) remain available until expended, sub-
ject to such other conditions as are contained in 
annual appropriations Acts. 
‘‘(3) LIMITATION.—In charging and collecting 
fees under paragraph (1), the Secretary shall take 
into consideration the amount of the obligation. 
‘‘(k) RECORDS.— 
‘‘(1) IN
GENERAL.—With respect to a loan 
guarantee under this section, the borrower, the 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 
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. 
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‘‘(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— 
‘‘(A) whether a borrower is a small- or me-
dium-sized manufacturer; and 
‘‘(B) whether a borrower demonstrates 
that a market exists for the innovative tech-
nology product, or the integral component of 
such product, to be manufactured, as evidenced 
by written statements of interest from potential 
purchasers; 
‘‘(2) criteria that the Secretary shall use to de-
termine the amount of any fees charged under sub-
section (j), including criteria related to the amount 
of the obligation; 
‘‘(3) policies and procedures for selecting and 
monitoring lenders and loan performance; and 
‘‘(4) any other policies, procedures, or informa-
tion necessary to implement this section. 
‘‘(n) AUDIT.— 
‘‘(1) ANNUAL
INDEPENDENT
AUDITS.—The 
Secretary shall enter into an arrangement with an 
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independent auditor for annual evaluations of the 
program under this section. 
‘‘(2) COMPTROLLER
GENERAL
REVIEW.—The 
Comptroller General shall conduct a biennial review 
of the Secretary’s execution of the program under 
this section. 
‘‘(3) REPORT.—The results of the independent 
audit under paragraph (1) and the Comptroller 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) MINIMIZING RISK.—The Secretary shall promul-
gate regulations and policies to carry out this section in 
accordance with Office of Management and Budget Cir-
cular No. A–129, entitled ‘Policies for Federal Credit Pro-
grams and Non-Tax Receivables’, as in effect on the date 
of enactment of this section. 
‘‘(s) SENSE OF CONGRESS.—It is the sense of Con-
gress that no loan guarantee shall be made under this sec-
tion unless the borrower agrees to use a federally-approved 
electronic employment eligibility verification system to 
verify the employment eligibility of— 
‘‘(1) all persons hired during the contract term 
by the borrower to perform employment duties with-
in the United States; and 
‘‘(2) all persons assigned by the borrower to 
perform work within the United States on the 
project. 
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‘‘(t) DEFINITIONS.—In this section: 
‘‘(1) COST.—The term ‘cost’ has the meaning 
given such term under section 502 of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a). 
‘‘(2) INNOVATIVE PROCESS.—The term ‘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 
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. 
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‘‘(6) PROGRAM.—The term ‘program’ means 
the loan guarantee program established in sub-
section (a). 
‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) COST OF LOAN GUARANTEES.—There are 
authorized to be appropriated $100,000,000 for each 
of fiscal years 2011 through 2013 to provide the 
cost of loan guarantees under this section. 
‘‘(2) PRINCIPAL AND INTEREST.—There are au-
thorized to be appropriated such sums as are nec-
essary to carry out subsection (g).’’. 
SEC. 503. REGIONAL INNOVATION PROGRAM. 
The Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3701 et seq.) is further amended by 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.— 
‘‘(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-
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‘‘(3) ELIGIBLE
RECIPIENT.—For purposes of 
this subsection, the term ‘eligible recipient’ means 
any of the following: 
‘‘(A) A State. 
‘‘(B) An Indian tribe. 
‘‘(C) A city or other political subdivision of 
a State. 
‘‘(D) An entity that— 
‘‘(i) is a nonprofit organization, an in-
stitution of higher education, a public-pri-
vate partnership, a science park, a Federal 
laboratory, or an economic development or-
ganization 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 eligible recipient 
shall submit an application to the Secretary at 
such time, in such manner, and containing such 
information and assurances as the Secretary 
may require. 
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‘‘(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 the fol-
lowing: 
‘‘(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 
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attracting additional funds from non-Fed-
eral sources. 
‘‘(vi) The likelihood that the partici-
pants in the regional innovation cluster will 
be able to sustain activities once grant 
funds under this subsection have been ex-
pended. 
‘‘(5) SPECIAL CONSIDERATION.—The Secretary 
shall give special consideration to— 
‘‘(A) applications from regions that contain 
communities negatively impacted by trade; and 
‘‘(B) an eligible recipient who agrees to 
collaborate with local workforce investment area 
boards. 
‘‘(6) COST
SHARE.—The Secretary may not 
provide more than 50 percent of the total cost of 
any activity funded under this subsection. 
‘‘(7) USE AND APPLICATION OF RESEARCH AND 
INFORMATION PROGRAM.—To the maximum extent 
practicable, the Secretary shall ensure that activities 
funded under this subsection use and apply any rel-
evant research, best practices, and metrics developed 
under the program established in subsection (c). 
‘‘(c) REGIONAL INNOVATION RESEARCH AND INFOR-
MATION PROGRAM.— 
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‘‘(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 
guides, for the development and implementation 
of regional innovation strategies (including re-
gional innovation clusters); 
‘‘(C) support the development of relevant 
metrics and measurement standards to evaluate 
regional innovation strategies (including re-
gional innovation clusters), including the extent 
to which such strategies stimulate innovation, 
productivity, and economic development; and 
‘‘(D) collect and make available data on re-
gional innovation cluster activity in the United 
States, including data on— 
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‘‘(i) the size, specialization, and com-
petitiveness of regional innovation clusters; 
‘‘(ii) the regional domestic product 
contribution, total jobs and earnings by 
key occupations, establishment size, nature 
of specialization, patents, Federal research 
and development spending, and other rel-
evant information for regional innovation 
clusters; and 
‘‘(iii) supply chain product and service 
flows within and between regional innova-
tion clusters. 
‘‘(2) RESEARCH GRANTS.—The Secretary may 
award research grants on a competitive basis 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 
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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 or other 
Federal agencies. 
‘‘(2) COLLABORATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
explore and pursue collaboration with other 
Federal agencies, including through multi-
agency funding opportunities, on regional inno-
vation strategies. 
‘‘(B) SMALL BUSINESSES.—The Secretary 
shall ensure that such collaboration with Fed-
eral agencies prioritizes the needs and chal-
lenges of small businesses. 
‘‘(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 
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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) DEFINITIONS.—In this section: 
‘‘(1) REGIONAL
INNOVATION
CLUSTER.—The 
term ‘regional innovation cluster’ means a geo-
graphically bounded network of similar, synergistic, 
or complementary entities that— 
‘‘(A) are engaged in or with a particular 
industry sector; 
‘‘(B) have active channels for business 
transactions and communication; 
‘‘(C) share specialized infrastructure, labor 
markets, and services; and 
‘‘(D) leverage the region’s unique competi-
tive strengths to stimulate innovation and cre-
ate jobs. 
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‘‘(2) STATE.—The term ‘State’ means one of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, or any other territory or 
possession of the United States. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary for each of fiscal years 2011 through 2013 to carry 
out this section, including such sums as are necessary to 
carry out the evaluation required under subsection (e).’’. 
SEC. 504. CLEAN ENERGY CONSORTIUM. 
(a) PURPOSE.—The Secretary shall carry out a pro-
gram to establish a Clean Energy Consortium to enhance 
the Nation’s economic, environmental, and energy security 
by promoting commercial application of clean energy tech-
nology and ensuring that the United States maintains a 
technological lead in the development and commercial ap-
plication of state-of-the-art energy technologies. To 
achieve these purposes the program shall leverage the ex-
pertise and resources of the university and private re-
search communities, industry, venture capital, national 
laboratories, and other participants in energy innovation 
to support collaborative, cross-disciplinary research and 
development in areas not being served by the private sec-
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tor in order to develop and accelerate the commercial ap-
plication of innovative clean energy technologies. 
(b) DEFINITIONS.—For purposes of this section: 
(1) CLEAN ENERGY TECHNOLOGY.—The term 
‘‘clean energy technology’’ means a technology 
that— 
(A) produces energy from solar, wind, geo-
thermal, biomass, tidal, wave, ocean, and other 
renewable energy resources (as such term is de-
fined in section 610 of the Public Utility Regu-
latory Policies Act of 1978); 
(B) more efficiently transmits, distributes, 
or stores energy; 
(C) enhances energy efficiency for build-
ings and industry, including combined heat and 
power; 
(D) enables the development of a Smart 
Grid (as described in section 1301 of the En-
ergy Independence and Security Act of 2007 
(42 U.S.C. 17381)), including integration of re-
newable energy resources and distributed gen-
eration, demand response, demand side man-
agement, and systems analysis; 
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(E) produces an advanced or sustainable 
material with energy or energy efficiency appli-
cations; or 
(F) improves energy efficiency for trans-
portation, including electric vehicles. 
(2) CLUSTER.—The term ‘‘cluster’’ means a 
network of entities directly involved in the research, 
development, finance, and commercial application of 
clean energy technologies whose geographic prox-
imity facilitates utilization and sharing of skilled 
human resources, infrastructure, research facilities, 
educational and training institutions, venture cap-
ital, and input suppliers. 
(3) CONSORTIUM.—The term ‘‘Consortium’’ 
means a Clean Energy Consortium established in ac-
cordance with this section. 
(4) PROJECT.—The term ‘‘project’’ means an 
activity with respect to which a Consortium provides 
support under subsection (e). 
(5) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means each of the following: 
(A) A research university. 
(B) A State or Federal institution with a 
focus on the advancement of clean energy tech-
nologies. 
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(C) A nongovernmental organization with 
research or technology transfer expertise in 
clean energy technology development. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(7) TECHNOLOGY DEVELOPMENT FOCUS.—The 
term ‘‘technology development focus’’ means the 
unique clean energy technology or technologies in 
which a Consortium specializes. 
(8) TRANSLATIONAL
RESEARCH.—The term 
‘‘translational research’’ means coordination of basic 
or applied research with technical applications to en-
able promising discoveries or inventions to achieve 
commercial application of energy technology. 
(c) ROLE
OF
THE
SECRETARY.—The Secretary 
shall— 
(1) have ultimate responsibility for, and over-
sight of, all aspects of the program under this sec-
tion; 
(2) select a recipient of a grant for the estab-
lishment and operation of a Consortium through a 
competitive selection process; 
(3) coordinate the innovation activities of the 
Consortium with those occurring through other De-
partment of Energy entities, including the National 
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Laboratories, the Advanced Research Projects Agen-
cy—Energy, Energy Innovation Hubs, and Energy 
Frontier Research Collaborations, and within indus-
try, including by annually— 
(A) issuing guidance regarding national 
energy research and development priorities and 
strategic objectives; and 
(B) convening a conference of staff of the 
Department of Energy and representatives from 
such other entities to share research results, 
program plans, and opportunities for collabora-
tion. 
(d) ENTITIES ELIGIBLE FOR SUPPORT.—A consor-
tium shall be eligible to receive support under this section 
if— 
(1) it is composed of— 
(A) 2 research universities with a com-
bined annual research budget of $500,000,000; 
and 
(B) 1 or more additional qualifying enti-
ties; 
(2) its members have established a binding 
agreement that documents— 
(A) the structure of the partnership agree-
ment; 
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(B) a governance and management struc-
ture to enable cost-effective implementation of 
the program; 
(C) a conflicts of interest policy consistent 
with subsection (e)(1)(B); 
(D) an accounting structure that meets the 
requirements of the Department of Energy and 
can be audited under subsection (f)(4); and 
(E) that it has an External Advisory Com-
mittee consistent with subsection (e)(3); 
(3) it receives funding from States, consortium 
participants, or other non-Federal sources, to be 
used to support project awards pursuant to sub-
section (e); 
(4) it is part of an existing cluster or dem-
onstrates high potential to develop a new cluster; 
and 
(5) it operates as a nonprofit organization. 
(e) CLEAN ENERGY CONSORTIUM.— 
(1) ROLE.—The Consortium shall support 
translational research activities leading to commer-
cial application of clean energy technologies, in ac-
cordance with the purposes of this section, through 
issuance of awards to projects managed by quali-
fying entities and other entities meeting the Consor-
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tium’s project criteria, including national labora-
tories. The Consortium shall— 
(A) develop and make available to the pub-
lic through the Department of Energy’s Web 
site proposed plans, programs, project selection 
criteria, and terms for individual project awards 
under this subsection; 
(B) establish conflict of interest proce-
dures, consistent with those of the Department 
of Energy, to ensure that employees and des-
ignees for Consortium activities who are in deci-
sionmaking capacities disclose all material con-
flicts of interest, including financial, organiza-
tional, and personal conflicts of interest; 
(C) establish policies— 
(i) to prevent resources provided to 
the Consortium from being used to dis-
place private sector investment otherwise 
likely to occur, including investment from 
private sector entities that are members of 
the Consortium; 
(ii) to facilitate the participation of 
private entities that invest in clean energy 
technologies to perform due diligence on 
award proposals, to participate in the 
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award review process, and to provide guid-
ance to projects supported by the Consor-
tium; and 
(iii) to facilitate the participation of 
parties with a demonstrated history of 
commercial application of clean energy 
technologies in the development of Consor-
tium projects; 
(D) oversee project solicitations, review 
proposed projects, and select projects for 
awards; and 
(E) monitor project implementation. 
(2) DISTRIBUTION OF AWARDS.—The Consor-
tium, with prior approval of the Secretary, shall dis-
tribute awards under this subsection to support 
clean 
energy 
technology 
projects 
conducting 
translational research, provided that at least 50 per-
cent of such support shall be provided to projects re-
lated to the Consortium’s clean energy technology 
development focus. Upon approval by the Secretary, 
all remaining funds shall be available to support any 
clean 
energy 
technology 
projects 
conducting 
translational research. 
(3) EXTERNAL ADVISORY COMMITTEE.— 
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(A) IN GENERAL.—The Consortium shall 
establish an External Advisory Committee, the 
members of which shall have extensive and rel-
evant scientific, technical, industry, financial, or 
research management expertise. The External 
Advisory Committee shall review the Consor-
tium’s proposed plans, programs, project selec-
tion criteria, and projects and shall ensure that 
projects selected for awards meet the conflict of 
interest policies of the Consortium. External 
Advisory Committee members other than those 
representing Consortium members shall serve 
for no more than 3 years. All External Advisory 
Committee members shall comply with the Con-
sortium’s conflict of interest policies and proce-
dures. 
(B) MEMBERS.—The External Advisory 
Committee shall consist of— 
(i) 5 members selected by the Consor-
tium’s research universities; 
(ii) 2 members selected by the Consor-
tium’s other qualifying entities; 
(iii) 2 members selected at large by 
other External Advisory Committee mem-
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bers to represent the entrepreneur and 
venture capital communities; and 
(iv) 1 member appointed by the Sec-
retary. 
(4) CONFLICT
OF
INTEREST.—The Secretary 
may disqualify an application or revoke funds dis-
tributed to the Consortium if the Secretary discovers 
a failure to comply with conflict of interest proce-
dures established under paragraph (1)(B). 
(f) GRANT.— 
(1) IN GENERAL.—The Secretary shall make a 
grant under this section in accordance with section 
989 of the Energy Policy Act of 2005 (42 U.S.C. 
16353). The Secretary shall award the grant, on a 
competitive basis, to 1 regional Consortium, for a 
term of 3 years. 
(2) AMOUNT.—A grant under this subsection 
shall be in an amount not greater than $10,000,000 
per fiscal year over the 3 years of the term of the 
grant. 
(3) USE.—The grant distributed under this sec-
tion shall be used exclusively to support project 
awards pursuant to subsection (e)(1) and (2), pro-
vided that the Consortium may use not more than 
10 percent of the amount of such grant for its ad-
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ministrative expenses related to making such 
awards. The grant made under this section shall not 
be used for construction of new buildings or facili-
ties, and construction of new buildings or facilities 
shall not be considered as part of the non-Federal 
share of a cost sharing agreement under this section. 
(4) AUDIT.—The Consortium shall conduct, in 
accordance with such requirements as the Secretary 
may prescribe, an annual audit to determine the ex-
tent to which a grant distributed to the Consortium 
under this subsection, and awards under subsection 
(e), have been utilized in a manner consistent with 
this section. The auditor shall transmit a report of 
the results of the audit to the Secretary and to the 
Government Accountability Office. The Secretary 
shall include such report in an annual report to Con-
gress, along with a plan to remedy any deficiencies 
cited in the report. The Government Accountability 
Office may review such audits as appropriate and 
shall have full access to the books, records, and per-
sonnel of the Consortium to ensure that the grant 
distributed to the Consortium under this subsection, 
and awards made under subsection (e), have been 
utilized in a manner consistent with this section. 
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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, capabilities, 
and major scientific tools to transform the understanding 
of nature and to advance the energy, economic, and na-
tional 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 research on energy production, storage, 
transmission, efficiency, and use; and 
(B) advancing our understanding of the 
Earth’s climate through research in atmos-
pheric and environmental sciences and climate 
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. 
(g) DOMESTICALLY SOURCED HARDWARE.— 
(1) PLAN.—The Director shall develop a plan 
to increase the percentage of domestically sourced 
hardware for planned and ongoing projects of the 
Office of Science. In developing this plan, the Direc-
tor shall— 
(A) give consideration to technologies that 
the United States does not currently have the 
capacity to manufacture and to procurement ac-
tivities that can strengthen United States high- 
technology competitiveness broadly; 
(B) seek opportunities to engage and part-
ner with domestic manufacturers; and 
(C) annually assess levels of domestically 
available goods relevant to planned and ongoing 
projects of the Office of Science. 
(2) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
United States obligations under international agree-
ments. 
(3) REPORT TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the Di-
rector shall transmit the plan developed under this 
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subsection to the Committee on Energy and Natural 
Resources of the Senate and the Committee on 
Science and Technology of the House of Representa-
tives, and shall transmit any appropriate updates to 
those committees. 
(h) MERIT-REVIEWED STUDY.—As part of the Presi-
dent’s annual budget request, the Secretary shall include 
a detailed summary of the degree to which current re-
search activities are competitive and merit-reviewed, in-
cluding a list of activities that would have been undertaken 
in the absence of Congressionally-directed projects and an 
analysis of the effects of increasing the proportion of com-
petitive, merit-reviewed activities on the strategic objec-
tives of the Office of Science. 
SEC. 604. BASIC ENERGY SCIENCES PROGRAM. 
(a) PROGRAM.—As part of the activities authorized 
under section 603, the Director shall carry out a program 
in basic energy sciences, including materials sciences and 
engineering, chemical sciences, physical biosciences, and 
geosciences, for the purpose of providing the scientific 
foundations for new energy technologies. 
(b) BASIC ENERGY SCIENCES USER FACILITIES.— 
(1) IN GENERAL.—The Director shall carry out 
a program for the construction, operation, and main-
tenance of national user facilities to support the pro-
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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; 
(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 
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(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; 
(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.— 
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(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 
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, and coordinated with the activities 
authorized in section 604, the Director shall carry out a 
program of research, development, and demonstration in 
the areas of biological systems science and climate and en-
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vironmental science to support the energy and environ-
mental missions of the Department. 
(b) BIOLOGICAL SYSTEMS SCIENCE ACTIVITIES.— 
(1) ACTIVITIES.—As part of the activities au-
thorized under subsection (a), the Director shall 
carry out research, development, and demonstration 
activities in fundamental, structural, computational, 
and systems biology to increase systems-level under-
standing of complex biological systems, which shall 
include activities to— 
(A) accelerate breakthroughs and new 
knowledge that will enable cost-effective sus-
tainable production of— 
(i) biomass-based liquid transpor-
tation fuels, including hydrogen; 
(ii) bioenergy; and 
(iii) biobased products, 
that support the energy and environmental mis-
sions of the Department; 
(B) improve understanding of the global 
carbon cycle, including processes for removing 
carbon dioxide from the atmosphere, through 
photosynthesis and other biological processes, 
for sequestration and storage; and 
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(C) understand the biological mechanisms 
used to destroy, immobilize, or remove contami-
nants from subsurface environments. 
(2) RESEARCH PLAN.— 
(A) REQUIREMENT.—Not later than 1 
year after the date of enactment of this Act, the 
Director shall prepare and transmit to Congress 
a research plan describing how the activities au-
thorized under this subsection will be under-
taken. 
(B) UTILIZATION OF EXISTING PLAN.—In 
developing the plan in subparagraph (A), the 
Director may utilize an existing research plan 
and update such plan to incorporate the activi-
ties identified in paragraph (1). 
(C) UPDATES.—Not later than 3 years 
after the initial report under this paragraph, 
and at least once every 3 years thereafter, the 
Director shall update the research plan and 
transmit it to Congress. 
(3) BIOENERGY RESEARCH CENTERS.— 
(A) IN GENERAL.—In carrying out the ac-
tivities under paragraph (1), the Director shall 
support at least 3 bioenergy research centers to 
accelerate basic biological research, develop-
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ment, demonstration, and commercial applica-
tion of biomass-based liquid transportation 
fuels, bioenergy, and biobased products that 
support the energy and environmental missions 
of the Department and are produced from a va-
riety of regionally diverse feedstocks. 
(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-
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ported research and development activities that 
will support the energy and environmental mis-
sions of the Department and enable a competi-
tive synthetic biology industry 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 activi-
ties described in paragraph (1), the Director, in col-
laboration with the Advanced Scientific Computing 
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Research program described in section 606, shall 
carry out research in computational biology, acquire 
or otherwise ensure the availability of hardware for 
biology-specific computation, and establish and 
maintain an open virtual database and information 
management system to centrally integrate systems 
biology data, analytical software, and computational 
modeling tools that will allow data sharing and free 
information exchange within the scientific commu-
nity. 
(6) PROHIBITION ON BIOMEDICAL AND HUMAN 
CELL AND HUMAN SUBJECT RESEARCH.— 
(A) NO BIOMEDICAL RESEARCH.—In car-
rying out activities under subsection (b), the 
Secretary shall not conduct biomedical research. 
(B) LIMITATIONS.—Nothing in subsection 
(b) shall authorize the Secretary to conduct any 
research or demonstrations— 
(i) on human cells or human subjects; 
or 
(ii) designed to have direct application 
with respect to human cells or human sub-
jects. 
(C) INFORMATION SHARING.—Nothing in 
this paragraph shall restrict the Department 
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from sharing information, including research 
findings, research methodologies, models, or 
any other information, with any Federal agen-
cy. 
(7) REPEAL.—Section 977 of the Energy Policy 
Act of 2005 (42 U.S.C. 16317) is repealed. 
(c) CLIMATE AND ENVIRONMENTAL SCIENCES AC-
TIVITIES.— 
(1) IN GENERAL.—As part of the activities au-
thorized under subsection (a), the Director shall 
carry out climate and environmental science re-
search, which shall include activities to— 
(A) understand, observe, and model the re-
sponse of the Earth’s atmosphere and bio-
sphere, including oceans and the Great Lakes, 
to increased concentrations of greenhouse gas 
emissions, and any associated changes in cli-
mate; 
(B) understand the processes for seques-
tration, destruction, immobilization, or removal 
of, and understand the movement of, contami-
nants and carbon in subsurface environments, 
including at facilities of the Department; and 
(C) inform potential mitigation and adap-
tation options for increased concentrations of 
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greenhouse gas emissions and any associated 
changes in climate. 
(2) 
SUBSURFACE
BIOGEOCHEMISTRY
RE-
SEARCH.— 
(A) IN GENERAL.—As part of the activities 
described in paragraph (1), the Director shall 
carry out research to advance a fundamental 
understanding of coupled physical, chemical, 
and biological processes for controlling the 
movement of sequestered carbon and subsurface 
environmental contaminants, including field ob-
servations of subsurface microorganisms and 
field-scale subsurface research. 
(B) COORDINATION.— 
(i) DIRECTOR.—The Director shall 
carry out activities under this paragraph in 
accordance with priorities established by 
the Department’s Under Secretary for 
Science to support and accelerate the 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.—As part of the activities 
described in paragraph (1), 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 
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(iii) an associated research plan. 
(4) AMERIFLUX NETWORK COORDINATION AND 
RESEARCH.—As part of the activities described in 
paragraph (1), the Director shall carry out research 
and coordinate the AmeriFlux Network to directly 
observe and understand the exchange of greenhouse 
gases, water vapor, and heat energy within terres-
trial ecosystems and the response of those systems 
to climate change and other dynamic terrestrial 
landscape changes. The Director, in collaboration 
with other relevant Federal agencies, shall— 
(A) identify opportunities to incorporate 
innovative and emerging observation tech-
nologies and practices into the existing Net-
work; 
(B) conduct research to determine the 
need for increased greenhouse gas observation 
Network facilities across North America to 
meet future mitigation and adaptation needs of 
the United States; and 
(C) examine how the technologies and 
practices described in subparagraph (A), and 
increased coordination among scientific commu-
nities through the Network, have the potential 
to help characterize terrestrial baseline green-
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house gas emission sources and sinks in the 
United States and internationally. 
(5) CLIMATE AND EARTH MODELING.—As part 
of the activities described in paragraph (1), the Di-
rector, in collaboration with the Advanced Scientific 
Computing Research program described in section 
606, shall carry out research to develop, evaluate, 
and use high-resolution regional climate, global cli-
mate, Earth, and predictive models to inform deci-
sions on reducing the impacts of changing climate. 
(6) INTEGRATED ASSESSMENT RESEARCH.—As 
part of the activities described in paragraph (1), the 
Director shall carry out research into options for 
mitigation of and adaptation to climate change 
through multiscale models of the entire climate 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, 
chemical, 
environmental, 
and 
subsurface 
sciences, including synthesis, dynamic prop-
erties, and interactions among natural and en-
gineered 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. 
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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-
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 and energy efficiency 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 
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and all other relevant energy technology and energy 
efficiency 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- 
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, including the 
development of smart grid technologies. 
(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— 
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(A) the proposed facility’s cost projections 
and capabilities to significantly accelerate the 
development of new energy technologies; 
(B) technical risks and challenges that 
must be overcome to achieve successful comple-
tion and operation of the facility; and 
(C) an assessment of the scientific and 
technological advances expected from such a fa-
cility relative to those expected from a com-
parable investment in expanded research and 
applications at terascale-class and petascale- 
class computing facilities. 
(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 
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 
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States to high-end computing systems, including ac-
cess to the National Energy Research Scientific 
Computing Center and to Leadership Systems (as 
defined in section 2 of the Department of Energy 
High-End Computing Revitalization Act of 2004 (15 
U.S.C. 5541)); 
(2) provide technical support for users of such 
systems; and 
(3) conduct research and development on next- 
generation computing architectures and platforms to 
support the missions of the Department. 
(g) OUTREACH.—The Secretary shall conduct 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. 
SEC. 607. FUSION ENERGY RESEARCH PROGRAM. 
(a) PROGRAM.—As part of the activities authorized 
under section 603, the Director shall carry out a fusion 
energy sciences research and enabling technology develop-
ment program to effectively address the scientific and en-
gineering challenges to building a cost-competitive fusion 
power plant and a competitive fusion power industry in 
the United States. As part of this program, the Director 
shall carry out research activities to expand the funda-
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mental understanding of plasmas and matter at very high 
temperatures and densities. 
(b) ITER.—The Director shall coordinate and carry 
out the responsibilities of the United States with respect 
to the ITER international fusion project pursuant to the 
Agreement on the Establishment of the ITER Inter-
national Fusion Energy Organization for the Joint Imple-
mentation of the ITER Project. 
(c) IDENTIFICATION OF PRIORITIES.—Not later than 
18 months after the date of enactment of this Act, the 
Secretary shall transmit to the Congress a report on the 
Department’s proposed research and development activi-
ties 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 re-
search and enabling technology development in 
which the United States can and should establish or 
solidify a lead in the global fusion energy develop-
ment 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 
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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 
other enabling technologies relevant to the develop-
ment of commercial fusion power plants; and 
(2) provide an assessment of whether a single 
new facility that substantially addresses magnetic 
fusion, inertial fusion, and next generation fission 
materials research needs is feasible, in conjunction 
with the expected capabilities of facilities operational 
as of the date of enactment of this Act. 
(e) ENABLING TECHNOLOGY DEVELOPMENT.—The 
Secretary shall carry out activities to develop technologies 
necessary to enable the reliable, sustainable, safe, and eco-
nomically competitive operation of a commercial fusion 
power plant. 
(f) 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. 
(g) 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 ensure the ac-
cess 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, excluding 
medical research. In making this determination, the Sec-
retary shall consider any relevant recommendations made 
by Federal advisory committees, the National Academies, 
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and interagency working groups in which the Department 
participates. 
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) $5,247,000,000 for fiscal year 2011, of 
which— 
(A) $1,875,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $667,000,000 shall be for Biological 
and Environmental Research activities under 
section 605; and 
(C) $466,000,000 shall be for Advanced 
Scientific Computing Research activities under 
section 606; 
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(2) $5,614,000,000 for fiscal year 2012, of 
which— 
(A) $2,025,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $720,000,000 shall be for Biological 
and Environmental Research activities under 
section 605; and 
(C) $503,000,000 shall be for Advanced 
Scientific Computing Research activities under 
section 606; and 
(3) $6,007,000,000 for fiscal year 2013, of 
which— 
(A) $2,187,000,000 shall be for Basic En-
ergy Sciences activities under section 604; 
(B) $778,000,000 shall be for Biological 
and Environmental Research activities under 
section 605; and 
(C) $544,000,000 shall be for Advanced 
Scientific Computing Research activities under 
section 606. 
Subtitle B—Advanced Research 
Projects Agency—Energy 
SEC. 621. SHORT TITLE. 
This subtitle may be cited as the ‘‘ARPA–E Reau-
thorization Act of 2010’’. 
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SEC. 622. ARPA–E AMENDMENTS. 
Section 5012 of the America COMPETES Act (42 
U.S.C. 16538) is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (A), by inserting 
‘‘and applied’’ after ‘‘advances in fundamental’’; 
(B) by striking ‘‘and’’ at the end of 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) in subsection (e)— 
(A) by striking ‘‘and’’ at the end of para-
graph (3)(D); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
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(C) by adding at the end the following new 
paragraph: 
‘‘(5) pursuant to subsection (c)(2)(C)— 
‘‘(A) ensuring that applications for funding 
disclose the extent of current and prior efforts, 
including monetary investments as appropriate, 
in pursuit of the technology area for which 
funding is being requested; 
‘‘(B) adopting measures to ensure that, in 
making awards, program managers adhere to 
the objectives in subsection (c)(2)(C); and 
‘‘(C) providing as part of the annual report 
required by subsection (h)(1) a summary of the 
instances of and reasons for ARPA–E funding 
projects in technology areas already being un-
dertaken by industry.’’; 
(4) by redesignating subsections (f) through 
(m) as subsections (g), (h), (i), (j), (l), (m), (n), and 
(o), respectively; 
(5) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) AWARDS.—In carrying out this section, the Di-
rector may initiate and execute awards in the form of 
grants, contracts, cooperative agreements, cash prizes, 
and other transactions. The Director shall make awards 
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designed to overcome the long-term and high-risk barriers 
relating to the goals and means set forth in subsection 
(c) and facilitate submissions, where possible by small 
businesses and entrepreneurs, pursuant to announcements 
published not less frequently than annually, of funding op-
portunities for— 
‘‘(1) specific areas of technological innovation; 
and 
‘‘(2) broadly defined areas of science and tech-
nology, 
to remain open for periods of one year.’’; 
(6) in subsection (g), as so redesignated by 
paragraph (4) of this section— 
(A) by redesignating paragraphs (1) and 
(2) as paragraphs (2) and (3), respectively; 
(B) by inserting before paragraph (2), as 
so redesignated by subparagraph (A) of this 
paragraph, the following new paragraph: 
‘‘(1) IN GENERAL.—The Director shall establish 
and maintain within ARPA–E a staff with sufficient 
qualifications and expertise to enable ARPA–E to 
carry out its responsibilities under this section in 
conjunction with the operations of the rest of the 
Department.’’; 
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(C) in paragraph (2)(A), as so redesig-
nated by subparagraph (A) of this paragraph— 
(i) in the paragraph heading, by strik-
ing ‘‘PROGRAM MANAGERS’’ and inserting 
‘‘PROGRAM DIRECTORS’’; 
(ii) by striking ‘‘program managers’’ 
and inserting ‘‘program directors’’; and 
(iii) by striking ‘‘each of’’; 
(D) in paragraph (2)(B), as so redesig-
nated by subparagraph (A) of this paragraph— 
(i) by striking ‘‘program manager’’ 
and inserting ‘‘program director’’; 
(ii) in clause (iv), by striking ‘‘, with 
advice under subsection (j) as appro-
priate,’’; 
(iii) by redesignating clauses (v) and 
(vi) as clauses (vi) and (viii), respectively; 
(iv) by inserting after clause (iv) the 
following new clause: 
‘‘(v) identifying innovative cost-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));’’; 
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(v) in clause (vi), as so redesignated 
by clause (iii) of this subparagraph, by 
striking ‘‘; and’’ and inserting a semicolon; 
and 
(vi) by inserting after clause (vi), as 
so redesignated by clause (iii) of this sub-
paragraph, 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)(B), as so redesig-
nated by subparagraph (A) of this paragraph, 
by striking ‘‘not less than 70, and not more 
than 120,’’ and inserting ‘‘not more than 120’’; 
and 
(G) by adding at the end the following new 
paragraph: 
‘‘(4) FELLOWSHIPS.—The Director is author-
ized to select exceptional early-career and senior sci-
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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 directors 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); 
‘‘(D) preparing energy technology and eco-
nomic analyses; and 
‘‘(E) any other appropriate responsibilities 
identified by the Director.’’; 
(7) in subsection (h)(2), as so redesignated by 
paragraph (4) of this section— 
(A) by striking ‘‘2008’’ and inserting 
‘‘2010’’; and 
(B) by striking ‘‘2011’’ and inserting 
‘‘2013’’; 
(8) by amending subsection (j), as so redesig-
nated by paragraph (4) of this section, to read as 
follows: 
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‘‘(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.’’; 
(9) by inserting after such subsection (j) the 
following new subsection: 
‘‘(k) EVENTS.— 
‘‘(1) The Director is authorized to convene, or-
ganize, and sponsor events that further the objec-
tives of ARPA–E, including events that assemble 
awardees, the most promising applicants for ARPA– 
E funding, and a broad range of ARPA–E stake-
holders (which may include members of relevant sci-
entific research and academic communities, govern-
ment officials, financial institutions, private inves-
tors, entrepreneurs, and other private entities), for 
the purposes of— 
‘‘(A) demonstrating projects of ARPA–E 
awardees; 
‘‘(B) demonstrating projects of finalists for 
ARPA–E awards and other energy technology 
projects; 
‘‘(C) facilitating discussion of the commer-
cial application of energy technologies developed 
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257 
under ARPA–E and other government-spon-
sored research and development programs; or 
‘‘(D) such other purposes as the Director 
considers appropriate. 
‘‘(2) Funding for activities described in para-
graph (1) shall be provided as part of the technology 
transfer and outreach activities authorized under 
subsection (o)(4)(B).’’; 
(10) in subsection (m)(1), as so redesignated by 
paragraph (4) of this section, by striking ‘‘4 years’’ 
and inserting ‘‘6 years’’; 
(11) in subsection (m)(2)(B), as so redesig-
nated by paragraph (4) 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’’; 
(12) by amending subsection (o)(2), as so re-
designated by paragraph (4) of this section, to read 
as follows: 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
Subject to paragraph (4), there are authorized to be 
appropriated to the Director for deposit in the 
Fund, without fiscal year limitation— 
‘‘(A) $300,000,000 for fiscal year 2011; 
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‘‘(B) $450,000,000 for fiscal year 2012; 
and 
‘‘(C) $600,000,000 for fiscal year 2013.’’; 
(13) in subsection (o), as so redesignated by 
paragraph (4) of this section, by— 
(A) striking paragraph (4); and 
(B) redesignating paragraph (5) as para-
graph (4); and 
(14) in subsection (o)(4)(B), as so redesignated 
by paragraphs (4) and (13)(B) of this subsection— 
(A) by striking ‘‘2.5 percent’’ and inserting 
‘‘5 percent’’; and 
(B) by inserting ‘‘, consistent with the goal 
described in subsection (c)(2)(D) and within the 
responsibilities of program directors as specified 
in subsection (g)(2)(B)(vii)’’ after ‘‘outreach 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.— 
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(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. 
(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 
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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— 
(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; 
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(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. 
(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). If the consortium 
members will not be located at one centralized loca-
tion, such application shall include a communica-
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tions plan that ensures close coordination and inte-
gration of the Hub’s activities. 
(c) SELECTION
AND SCHEDULE.—The Secretary 
shall select consortia for grants for the establishment and 
operation of Hubs through competitive selection processes. 
In selecting consortia, the Secretary shall consider the in-
formation a consortium must disclose according to sub-
section (b), as well as any existing facilities a consortium 
will provide for Hub activities. Grants made to a Hub shall 
be for a period not to exceed 5 years, after which the grant 
may be renewed, subject to a competitive selection process. 
(d) HUB OPERATIONS.— 
(1) IN GENERAL.—Hubs shall conduct or 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 
activities whenever practicable at one central-
ized location; 
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(B) develop and publish on the Depart-
ment of Energy’s website 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 
disclose all material conflicts of interest, includ-
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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.— 
(1) IN GENERAL.—No funds provided pursuant 
to this section may be used for construction of new 
buildings or facilities for Hubs. Construction of new 
buildings or facilities shall not be considered as part 
of the non-Federal share of a Hub cost-sharing 
agreement. 
(2) TEST BED AND RENOVATION EXCEPTION.— 
Nothing in this subsection shall prohibit the use of 
funds provided pursuant to this section, or non-Fed-
eral cost share funds, for the construction of a test 
bed or renovations to existing buildings or facilities 
for the purposes of research if the Oversight Board 
determines that the test bed or renovations are lim-
ited to a scope and scale necessary for the research 
to be conducted. 
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(f) OVERSIGHT BOARD.—The Secretary shall estab-
lish and maintain within the Department an Oversight 
Board to oversee the progress of Hubs. 
(g) PRIORITY CONSIDERATION.—The Secretary shall 
give priority consideration to applications in which 1 or 
more of the institutions under subsection (b)(1)(A) are 
1890 Land Grant Institutions (as defined in section 2 of 
the Agricultural Research, Extension, and Education Re-
form Act of 1998 (7 U.S.C. 7061)), Predominantly Black 
Institutions (as defined in section 318 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059e)), Tribal Colleges 
or Universities (as defined in section 316(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1059c(b)), or Hispanic 
Serving Institutions (as defined in section 318 of the 
Higher Education Act of 1965 (20 U.S.C. 1059e)). 
(h) DEFINITIONS.—For purposes of this section: 
(1) ADVANCED
ENERGY
TECHNOLOGY.—The 
term ‘‘advanced energy technology’’ means an inno-
vative technology— 
(A) that produces energy from solar, wind, 
geothermal, biomass, tidal, wave, ocean, or 
other renewable energy resources; 
(B) that produces nuclear energy; 
(C) for carbon capture and sequestration; 
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(D) that enables advanced vehicles, vehicle 
components, and related technologies that re-
sult in significant energy savings; 
(E) that generates, transmits, distributes, 
utilizes, or stores energy more efficiently than 
conventional technologies, including through 
Smart Grid technologies; or 
(F) that enhances the energy independence 
and security of the United States by enabling 
improved or expanded supply and production of 
domestic energy resources, including coal, oil, 
and natural gas. 
(2) HUB.—The term ‘‘Hub’’ means an Energy 
Innovation Hub established in accordance with this 
section. 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(4) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means— 
(A) an institution of higher education; 
(B) an appropriate State or Federal entity, 
including the Department of Energy Federally 
Funded Research and Development Centers; 
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(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. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section— 
(1) $110,000,000 for fiscal year 2011; 
(2) $135,000,000 for fiscal year 2012; and 
(3) $195,000,000 for fiscal year 2013. 
Subtitle D—Cooperative Research 
and Development Fund 
SEC. 641. SHORT TITLE. 
This subtitle may be cited as the ‘‘Cooperative Re-
search and Development Fund Authorization Act of 
2010’’. 
SEC. 642. COOPERATIVE RESEARCH AND DEVELOPMENT 
FUND. 
(a) IN GENERAL.—The Secretary of Energy shall 
make funds available to Department of Energy National 
Laboratories for the Federal share of cooperative research 
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and development agreements. The Secretary of Energy 
shall determine the apportionment of such funds to each 
Department of Energy National Laboratory and shall en-
sure that special consideration is given to small business 
firms and consortia involving small business firms in the 
selection process for which cooperative research and devel-
opment agreements will receive such funds. 
(b) REPORTING.—Each year the Secretary shall sub-
mit to Congress a report that describes how funds were 
expended under this subtitle. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this section each fiscal 
year. No funds allocated for this section shall come from 
funds allocated for the Office of Science. 
Subtitle E—Technology Transfer 
Database 
SEC. 651. TECHNOLOGY TRANSFER DATABASE. 
To support the commercial application of new energy 
technologies development by the Department of Energy, 
the Secretary of Energy may establish an online database 
of technologies, capabilities, and resources available to the 
public at the National Laboratories. 
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SEC. 708. LIMITATION ON USE OF FUNDS. 
No funds authorized to be appropriated by this Act 
or the amendments made by this Act may be used to pur-
chase gift items, knickknacks, souvenirs, trinkets, or other 
items without direct educational value. 
SEC. 709. NO SALARIES FOR VIEWING PORNOGRAPHY. 
None of the funds authorized under this Act may be 
used to pay the salary of any individual who has been offi-
cially disciplined for violations of subpart G of the Stand-
ards of Ethical Conduct for Employees of the Executive 
Branch for viewing, downloading, or exchanging pornog-
raphy, including child pornography, on a Federal Govern-
ment computer or while performing official Federal Gov-
ernment duties. 
Æ 
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PWALKER on DSK8KYBLC1PROD with BILLS