H. R. 5116—4 
(6) establish, periodically update, and maintain an inven-
tory 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 women, underrepresented minorities, and per-
sons in rural areas in such programs and activities. 
(b) RESPONSIBILITIES OF OSTP.—The Director shall encourage 
and monitor the efforts of the participating agencies to ensure 
that the strategic plan under subsection (b)(5) is developed and 
executed effectively and that the objectives of the strategic plan 
are met. 
(c) REPORT.—The Director shall transmit a report annually 
to Congress at the time of the President’s budget request describing 
the plan required under subsection (b)(5). The annual report shall 
include— 
(1) a description of the STEM education programs and 
activities for the previous and current fiscal years, and the 
proposed programs and activities under the President’s budget 
request, of each participating Federal agency; 
(2) the levels of funding for each participating Federal 
agency for the programs and activities described under para-
graph (1) for the previous fiscal year and under the President’s 
budget request; 
(3) an evaluation of the levels of duplication and fragmenta-
tion of the programs and activities described under paragraph 
(1); 
(4) except for the initial annual report, a description of 
the progress made in carrying out the implementation plan, 
including a description of the outcome of any program assess-
ments completed in the previous year, and any changes made 
to that plan since the previous annual report; and 
(5) a description of how the participating Federal agencies 
will 
disseminate 
information 
about 
federally 
supported 
resources for STEM education practitioners, including teacher 
professional development programs, to States and to STEM 
education practitioners, including to teachers and administra-
tors in schools that meet the criteria described in subsection 
(c)(1)(A) and (B) of section 3175 of the Department of Energy 
Science Education Enhancement Act (42 U.S.C. 7381j(c)(1)(A) 
and (B)). 
SEC. 102. COORDINATION OF ADVANCED MANUFACTURING RESEARCH 
AND DEVELOPMENT. 
(a) INTERAGENCY COMMITTEE.—The Director shall establish or 
designate a Committee on Technology under the National Science 
and Technology Council. The Committee shall be responsible for 
planning and coordinating Federal programs and activities in 
advanced manufacturing research and development. 
(b) RESPONSIBILITIES OF COMMITTEE.—The Committee shall— 
(1) coordinate the advanced manufacturing research and 
development programs and activities of the Federal agencies; 
(2) establish goals and priorities for advanced manufac-
turing research and development that will strengthen United 
States manufacturing; 
(3) work with industry organizations, Federal agencies, 
and Federally Funded Research and Development Centers not
H. R. 5116—5 
represented on the Committee, to identify and reduce regu-
latory, logistical, and fiscal barriers within the Federal govern-
ment and State governments that inhibit United States manu-
facturing; 
(4) facilitate the transfer of intellectual property and tech-
nology based on federally supported university research into 
commercialization and manufacturing; 
(5) identify technological, market, or business challenges 
that may best be addressed by public-private partnerships, 
and are likely to attract both participation and primary funding 
from industry; 
(6) encourage the formation of public-private partnerships 
to respond to those challenges for transition to United States 
manufacturing; and 
(7) develop, and update every 5 years, a strategic plan 
to guide Federal programs and activities in support of advanced 
manufacturing research and development, which shall— 
(A) specify and prioritize near-term and long-term 
research and development objectives, the anticipated time 
frame for achieving the objectives, and the metrics for 
use in assessing progress toward the objectives; 
(B) specify the role of each Federal agency in carrying 
out or sponsoring research and development to meet the 
objectives of the strategic plan; 
(C) describe how the Federal agencies and Federally 
Funded Research and Development Centers supporting 
advanced manufacturing research and development will 
foster the transfer of research and development results 
into new manufacturing technologies and United States 
based manufacturing of new products and processes for 
the benefit of society to ensure national, energy, and eco-
nomic security; 
(D) describe how Federal agencies and Federally 
Funded Research and Development Centers supporting 
advanced manufacturing research and development will 
strengthen all levels of manufacturing education and 
training programs to ensure an adequate, well-trained 
workforce; 
(E) describe how the Federal agencies and Federally 
Funded Research and Development Centers supporting 
advanced manufacturing research and development will 
assist small- and medium-sized manufacturers in devel-
oping and implementing new products and processes; and 
(F) take into consideration the recommendations of 
a wide range of stakeholders, including representatives 
from diverse manufacturing companies, academia, and 
other relevant organizations and institutions. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Director shall transmit the strategic plan developed 
under subsection (b)(7) to the Senate Committee on Commerce, 
Science, and Transportation, and the House of Representatives 
Committee on Science and Technology, and shall transmit subse-
quent updates to those committees as appropriate. 
SEC. 103. INTERAGENCY PUBLIC ACCESS COMMITTEE. 
(a) ESTABLISHMENT.—The Director shall establish a working 
group under the National Science and Technology Council with
H. R. 5116—6 
the responsibility to coordinate Federal science agency research 
and policies related to the dissemination and long-term stewardship 
of the results of unclassified research, including digital data and 
peer-reviewed scholarly publications, supported wholly, or in part, 
by funding from the Federal science agencies. 
(b) RESPONSIBILITIES.—The working group shall— 
(1) identify the specific objectives and public interests that 
need to be addressed by any policies coordinated under (a); 
(2) take into account inherent variability among Federal 
science agencies and scientific disciplines in the nature of 
research, types of data, and dissemination models; 
(3) coordinate the development or designation of standards 
for research data, the structure of full text and metadata, 
navigation tools, and other applications to maximize interoper-
ability across Federal science agencies, across science and 
engineering disciplines, and between research data and schol-
arly publications, taking into account existing consensus stand-
ards, including international standards; 
(4) coordinate Federal science agency programs and activi-
ties that support research and education on tools and systems 
required to ensure preservation and stewardship of all forms 
of digital research data, including scholarly publications; 
(5) work with international science and technology counter-
parts to maximize interoperability between United States based 
unclassified research databases and international databases 
and repositories; 
(6) solicit input and recommendations from, and collaborate 
with, non-Federal stakeholders, including the public, univer-
sities, nonprofit and for-profit publishers, libraries, federally 
funded and non federally funded research scientists, and other 
organizations and institutions with a stake in long term 
preservation and access to the results of federally funded 
research; 
(7) establish priorities for coordinating the development 
of any Federal science agency policies related to public access 
to the results of federally funded research to maximize the 
benefits of such policies with respect to their potential economic 
or other impact on the science and engineering enterprise and 
the stakeholders thereof; 
(8) take into consideration the distinction between scholarly 
publications and digital data; 
(9) take into consideration the role that scientific publishers 
play in the peer review process in ensuring the integrity of 
the record of scientific research, including the investments and 
added value that they make; and 
(10) examine Federal agency practices and procedures for 
providing research reports to the agencies charged with locating 
and preserving unclassified research. 
(c) PATENT OR COPYRIGHT LAW.—Nothing in this section shall 
be construed to undermine any right under the provisions of title 
17 or 35, United States Code. 
(d) APPLICATION WITH EXISTING LAW.—Nothing defined in sec-
tion (b) shall be construed to affect existing law with respect to 
Federal science agencies’ policies related to public access. 
(e) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, the Director shall transmit a report 
to Congress describing—
H. R. 5116—7 
(1) the specific objectives and public interest identified 
under (b)(1); 
(2) any priorities established under subsection (b)(7); 
(3) the impact the policies described under (a) have had 
on the science and engineering enterprise and the stakeholders, 
including the financial impact on research budgets; 
(4) the status of any Federal science agency policies related 
to public access to the results of federally funded research; 
and 
(5) how any policies developed or being developed by Fed-
eral science agencies, as described in subsection (a), incorporate 
input from the non-Federal stakeholders described in subsection 
(b)(6). 
(f) FEDERAL SCIENCE AGENCY DEFINED.—For the purposes of 
this section, the term ‘‘Federal science agency’’ means any Federal 
agency with an annual extramural research expenditure of over 
$100,000,000. 
SEC. 104. FEDERAL SCIENTIFIC COLLECTIONS. 
(a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.—The Office of 
Science and Technology Policy shall develop policies for the manage-
ment and use of Federal scientific collections to improve the quality, 
organization, access, including online access, and long-term 
preservation of such collections for the benefit of the scientific 
enterprise. In developing those policies the Office of Science and 
Technology Policy shall consult, as appropriate, with— 
(1) Federal agencies with such collections; and 
(2) representatives of other organizations, institutions, and 
other entities not a part of the Federal Government that have 
a stake in the preservation, maintenance, and accessibility 
of such collections, including State and local government agen-
cies, institutions of higher education, museums, and other enti-
ties engaged in the acquisition, holding, management, or use 
of scientific collections. 
(b) CLEARINGHOUSE.—The Office of Science and Technology 
Policy, in consultation with relevant Federal agencies, shall ensure 
the development of an online clearinghouse for information on the 
contents of and access to Federal scientific collections. 
(c) DISPOSAL OF COLLECTIONS.—The policies developed under 
subsection (a) shall— 
(1) require that, before disposing of a scientific collection, 
a Federal agency shall— 
(A) conduct a review of the research value of the collec-
tion; and 
(B) consult with researchers who have used the collec-
tion, and other potentially interested parties, concerning— 
(i) the collection’s value for research purposes; and 
(ii) possible additional educational uses for the 
collection; and 
(2) include procedures for Federal agencies to transfer sci-
entific collections they no longer need to researchers at institu-
tions or other entities qualified to manage the collections. 
(d) COST PROJECTIONS.—The Office of Science and Technology 
Policy, in consultation with relevant Federal agencies, shall develop 
a common set of methodologies to be used by Federal agencies 
for the assessment and projection of costs associated with the 
management and preservation of their scientific collections.
H. R. 5116—8 
(e) SCIENTIFIC COLLECTION DEFINED.—In this section, the term 
‘‘scientific collection’’ means a set of physical specimens, living or 
inanimate, created for the purpose of supporting science and serving 
as a long-term research asset, rather than for their market value 
as collectibles or their historical, artistic, or cultural significance, 
and, as appropriate and feasible, the associated specimen data 
and materials. 
SEC. 105. PRIZE COMPETITIONS. 
(a) IN GENERAL.—The Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 24. PRIZE COMPETITIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AGENCY.—The term ‘agency’ means a Federal agency. 
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director 
of the Office of Science and Technology Policy. 
‘‘(3) FEDERAL AGENCY.—The term ‘Federal agency’ has the 
meaning given under section 4, except that term shall not 
include any agency of the legislative branch of the Federal 
Government. 
‘‘(4) HEAD OF AN AGENCY.—The term ‘head of an agency’ 
means the head of a Federal agency. 
‘‘(b) IN GENERAL.—Each head of an agency, or the heads of 
multiple agencies in cooperation, may carry out a program to award 
prizes competitively to stimulate innovation that has the potential 
to advance the mission of the respective agency. 
‘‘(c) PRIZES.—For purposes of this section, a prize may be one 
or more of the following: 
‘‘(1) A point solution prize that rewards and spurs the 
development of solutions for a particular, well-defined problem. 
‘‘(2) An exposition prize that helps identify and promote 
a broad range of ideas and practices that may not otherwise 
attract attention, facilitating further development of the idea 
or practice by third parties. 
‘‘(3) Participation prizes that create value during and after 
the competition by encouraging contestants to change their 
behavior or develop new skills that may have beneficial effects 
during and after the competition. 
‘‘(4) Such other types of prizes as each head of an agency 
considers appropriate to stimulate innovation that has the 
potential to advance the mission of the respective agency. 
‘‘(d) TOPICS.—In selecting topics for prize competitions, the 
head of an agency shall consult widely both within and outside 
the Federal Government, and may empanel advisory committees. 
‘‘(e) ADVERTISING.—The head of an agency shall widely adver-
tise each prize competition to encourage broad participation. 
‘‘(f) REQUIREMENTS AND REGISTRATION.—For each prize com-
petition, the head of an agency shall publish a notice in the Federal 
Register announcing— 
‘‘(1) the subject of the competition; 
‘‘(2) the rules for being eligible to participate in the competi-
tion; 
‘‘(3) the process for participants to register for the competi-
tion; 
‘‘(4) the amount of the prize; and 
‘‘(5) the basis on which a winner will be selected.
H. R. 5116—9 
‘‘(g) ELIGIBILITY.—To be eligible to win a prize under this sec-
tion, an individual or entity— 
‘‘(1) shall have registered to participate in the competition 
under any rules promulgated by the head of an agency under 
subsection (f); 
‘‘(2) shall have complied with all the requirements under 
this section; 
‘‘(3) in the case of a private entity, shall be incorporated 
in and maintain a primary place of business in the United 
States, and in the case of an individual, whether participating 
singly or in a group, shall be a citizen or permanent resident 
of the United States; and 
‘‘(4) may not be a Federal entity or Federal employee acting 
within the scope of their employment. 
‘‘(h) CONSULTATION WITH FEDERAL EMPLOYEES.—An individual 
or entity shall not be deemed ineligible under subsection (g) because 
the individual or entity used Federal facilities or consulted with 
Federal employees during a competition if the facilities and 
employees are made available to all individuals and entities partici-
pating in the competition on an equitable basis. 
‘‘(i) LIABILITY.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DEFINITION.—In this paragraph, the term ‘related 
entity’ means a contractor or subcontractor at any tier, 
and a supplier, user, customer, cooperating party, grantee, 
investigator, or detailee. 
‘‘(B) 
LIABILITY.—Registered 
participants 
shall 
be 
required to agree to assume any and all risks and waive 
claims against the Federal Government and its related 
entities, except in the case of willful misconduct, for any 
injury, death, damage, or loss of property, revenue, or 
profits, whether direct, indirect, or consequential, arising 
from their participation in a competition, whether the 
injury, death, damage, or loss arises through negligence 
or otherwise. 
‘‘(2) INSURANCE.—Participants shall be required to obtain 
liability insurance or demonstrate financial responsibility, in 
amounts determined by the head of an agency, for claims 
by— 
‘‘(A) a third party for death, bodily injury, or property 
damage, or loss resulting from an activity carried out in 
connection with participation in a competition, with the 
Federal Government named as an additional insured under 
the registered participant’s insurance policy and registered 
participants agreeing to indemnify the Federal Government 
against third party claims for damages arising from or 
related to competition activities; and 
‘‘(B) the Federal Government for damage or loss to 
Government property resulting from such an activity. 
‘‘(3) EXCEPTION.—The head of an agency may not require 
a participant to waive claims against the administering entity 
arising out of the unauthorized use or disclosure by the agency 
of the intellectual property, trade secrets, or confidential busi-
ness information of the participant. 
‘‘(j) INTELLECTUAL PROPERTY.— 
‘‘(1) 
PROHIBITION
ON
THE
GOVERNMENT
ACQUIRING 
INTELLECTUAL
PROPERTY
RIGHTS.—The Federal Government
H. R. 5116—10 
may not gain an interest in intellectual property developed 
by a participant in a competition without the written consent 
of the participant. 
‘‘(2) LICENSES.—The Federal Government may negotiate 
a license for the use of intellectual property developed by a 
participant for a competition. 
‘‘(k) JUDGES.— 
‘‘(1) IN GENERAL.—For each competition, the head of an 
agency, either directly or through an agreement under sub-
section (l), shall appoint one or more qualified judges to select 
the winner or winners of the prize competition on the basis 
described under subsection (f). Judges for each competition 
may include individuals from outside the agency, including 
from the private sector. 
‘‘(2) RESTRICTIONS.—A judge may not— 
‘‘(A) have personal or financial interests in, or be an 
employee, officer, director, or agent of any entity that is 
a registered participant in a competition; or 
‘‘(B) have a familial or financial relationship with an 
individual who is a registered participant. 
‘‘(3) GUIDELINES.—The heads of agencies who carry out 
competitions under this section shall develop guidelines to 
ensure that the judges appointed for such competitions are 
fairly balanced and operate in a transparent manner. 
‘‘(4) EXEMPTION FROM FACA.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to any committee, 
board, commission, panel, task force, or similar entity, created 
solely for the purpose of judging prize competitions under this 
section. 
‘‘(l) ADMINISTERING THE COMPETITION.—The head of an agency 
may enter into an agreement with a private, nonprofit entity to 
administer a prize competition, subject to the provisions of this 
section. 
‘‘(m) FUNDING.— 
‘‘(1) IN GENERAL.—Support for a prize competition under 
this section, including financial support for the design and 
administration of a prize or funds for a monetary prize purse, 
may consist of Federal appropriated funds and funds provided 
by the private sector for such cash prizes. The head of an 
agency may accept funds from other Federal agencies to support 
such competitions. The head of an agency may not give any 
special consideration to any private sector entity in return 
for a donation. 
‘‘(2) AVAILABILITY OF FUNDS.—Notwithstanding any other 
provision of law, funds appropriated for prize awards under 
this section shall remain available until expended. No provision 
in this section permits obligation or payment of funds in viola-
tion of section 1341 of title 31, United States Code. 
‘‘(3) AMOUNT OF PRIZE.— 
‘‘(A) ANNOUNCEMENT.—No prize may be announced 
under subsection (f) until all the funds needed to pay 
out the announced amount of the prize have been appro-
priated or committed in writing by a private source. 
‘‘(B) INCREASE IN AMOUNT.—The head of an agency 
may increase the amount of a prize after an initial 
announcement is made under subsection (f) only if—
H. R. 5116—11 
‘‘(i) notice of the increase is provided in the same 
manner as the initial notice of the prize; and 
‘‘(ii) the funds needed to pay out the announced 
amount of the increase have been appropriated or com-
mitted in writing by a private source. 
‘‘(4) LIMITATION ON AMOUNT.— 
‘‘(A) NOTICE TO CONGRESS.—No prize competition under 
this section may offer a prize in an amount greater than 
$50,000,000 unless 30 days have elapsed after written 
notice has been transmitted to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Science and Technology of the House of 
Representatives. 
‘‘(B) APPROVAL OF HEAD OF AGENCY.—No prize competi-
tion under this section may result in the award of more 
than $1,000,000 in cash prizes without the approval of 
the head of an agency. 
‘‘(n) GENERAL SERVICE ADMINISTRATION ASSISTANCE.—Not later 
than 180 days after the date of the enactment of the America 
COMPETES Reauthorization Act of 2010, the General Services 
Administration shall provide government wide services to share 
best practices and assist agencies in developing guidelines for 
issuing prize competitions. The General Services Administration 
shall develop a contract vehicle to provide agencies access to rel-
evant products and services, including technical assistance in struc-
turing and conducting prize competitions to take maximum benefit 
of the marketplace as they identify and pursue prize competitions 
to further the policy objectives of the Federal Government. 
‘‘(o) COMPLIANCE WITH EXISTING LAW.— 
‘‘(1) IN GENERAL.—The Federal Government shall not, by 
virtue of offering or providing a prize under this section, be 
responsible for compliance by registered participants in a prize 
competition with Federal law, including licensing, export con-
trol, and nonproliferation laws, and related regulations. 
‘‘(2) OTHER
PRIZE
AUTHORITY.—Nothing in this section 
affects the prize authority authorized by any other provision 
of law. 
‘‘(p) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than March 1 of each year, 
the Director shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee 
on Science and Technology of the House of Representatives 
a report on the activities carried out during the preceding 
fiscal year under the authority in subsection (b). 
‘‘(2) INFORMATION INCLUDED.—The report for a fiscal year 
under this subsection shall include, for each prize competition 
under subsection (b), the following: 
‘‘(A) PROPOSED GOALS.—A description of the proposed 
goals of each prize competition. 
‘‘(B) PREFERABLE
METHOD.—An analysis of why the 
utilization of the authority in subsection (b) was the pref-
erable method of achieving the goals described in subpara-
graph (A) as opposed to other authorities available to the 
agency, such as contracts, grants, and cooperative agree-
ments. 
‘‘(C) AMOUNT OF CASH PRIZES.—The total amount of 
cash prizes awarded for each prize competition, including
H. R. 5116—12 
a description of amount of private funds contributed to 
the program, the sources of such funds, and the manner 
in which the amounts of cash prizes awarded and claimed 
were allocated among the accounts of the agency for 
recording as obligations and expenditures. 
‘‘(D) SOLICITATIONS
AND
EVALUATION
OF
SUBMIS-
SIONS.—The methods used for the solicitation and evalua-
tion of submissions under each prize competition, together 
with an assessment of the effectiveness of such methods 
and lessons learned for future prize competitions. 
‘‘(E) RESOURCES.—A description of the resources, 
including personnel and funding, used in the execution 
of each prize competition together with a detailed descrip-
tion of the activities for which such resources were used 
and an accounting of how funding for execution was allo-
cated among the accounts of the agency for recording as 
obligations and expenditures. 
‘‘(F) RESULTS.—A description of how each prize com-
petition advanced the mission of the agency concerned.’’. 
(b) REPEAL OF SPACE ACT LIMITATION.—Section 314(a) of the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f– 
1 is amended by striking ‘‘The Administration may carry out a 
program to award prizes only in conformity with this section.’’. 
TITLE II—NATIONAL AERONAUTICS 
AND SPACE ADMINISTRATION 
SEC. 201. NASA’S CONTRIBUTION TO INNOVATION AND COMPETITIVE-
NESS. 
It is the sense of Congress that a renewed emphasis on tech-
nology development would enhance current mission capabilities and 
enable future missions, while encouraging NASA, private industry, 
and academia to spur innovation. NASA’s Innovative Partnership 
Program is a valuable mechanism to accelerate technology matura-
tion and encourage the transfer of technology into the private 
sector. 
SEC. 202. NASA’S CONTRIBUTION TO EDUCATION. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
NASA is uniquely positioned to interest students in science, tech-
nology, engineering, and mathematics, not only by the example 
it sets, but through its education programs. 
(b) EDUCATIONAL PROGRAM GOALS.—NASA shall develop and 
maintain educational programs— 
(1) to carry out and support research based programs and 
activities designed to increase student interest and participa-
tion in STEM, including students from minority and underrep-
resented groups; 
(2) to improve public literacy in STEM; 
(3) that employ proven strategies and methods for 
improving student learning and teaching in STEM; 
(4) to provide curriculum support materials and other 
resources that— 
(A) are designed to be integrated with comprehensive 
STEM education;
H. R. 5116—13 
(B) are aligned with national science education stand-
ards; 
(C) promote the adoption and implementation of high- 
quality education practices that build toward college and 
career-readiness; and 
(5) to create and support opportunities for enhanced and 
ongoing professional development for teachers using best prac-
tices that improve the STEM content and knowledge of the 
teachers, including through programs linking STEM teachers 
with STEM educators at the higher education level. 
SEC. 203. ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND 
ENGINEERING 
WORKFORCE 
DEVELOPMENT 
FOR 
MINORITY AND UNDERREPRESENTED GROUPS AT NASA. 
(a) ASSESSMENT.—The Administrator shall enter into an 
arrangement for an independent assessment of any impediments 
to space science and engineering workforce development for 
minority and underrepresented groups at NASA, including rec-
ommendations on— 
(1) measures to address such impediments; 
(2) opportunities for augmenting the impact of space science 
and engineering workforce development activities and for 
expanding proven, effective programs; and 
(3) best practices and lessons learned, as identified through 
the assessment, to help maximize the effectiveness of existing 
and future programs to increase the participation of minority 
and underrepresented groups in the space science and 
engineering workforce at NASA. 
(b) REPORT.—A report on the assessment carried out under 
subsection (a) shall be transmitted to the House of Representatives 
Committee on Science and Technology and the Senate Committee 
on Commerce, Science, and Transportation not later than 15 months 
after the date of enactment of this Act. 
(c) IMPLEMENTATION.—To the extent practicable, the Adminis-
trator shall take all necessary steps to address any impediments 
identified in the assessment. 
SEC. 204. INTERNATIONAL SPACE STATION’S CONTRIBUTION TO 
NATIONAL COMPETITIVENESS ENHANCEMENT. 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that 
the International Space Station represents a valuable and unique 
national asset which can be utilized to increase educational 
opportunities and scientific and technological innovation which will 
enhance the Nation’s economic security and competitiveness in the 
global technology fields of endeavor. If the period for active utiliza-
tion of the International Space Station is extended to at least 
the year 2020, the potential for such opportunities and innovation 
would be increased. Efforts should be made to fully realize that 
potential. 
(b) EVALUATION
AND ASSESSMENT
OF NASA’S INTERAGENCY 
CONTRIBUTION.—Pursuant to the authority provided in title II of 
the America COMPETES Act (Public Law 110–69), the Adminis-
trator shall evaluate and, where possible, expand efforts to maxi-
mize NASA’s contribution to interagency efforts to enhance science, 
technology, engineering, and mathematics education capabilities, 
and to enhance the Nation’s technological excellence and global
H. R. 5116—14 
competitiveness. The Administrator shall identify these enhance-
ments in the annual reports required by section 2001(e) of that 
Act (42 U.S.C. 16611a(e)). 
(c) REPORT TO THE CONGRESS.—Within 120 days after the date 
of enactment of this Act, the Administrator shall provide to the 
House of Representatives Committee on Science and Technology 
and the Senate Committee on Commerce, Science, and Transpor-
tation a report on the assessment made pursuant to subsection 
(a). The report shall include— 
(1) a description of current and potential activities associ-
ated with utilization of the International Space Station which 
are supportive of the goals of educational excellence and innova-
tion and competitive enhancement established or reaffirmed 
by this Act, including a summary of the goals supported, the 
number of individuals or organizations participating in or bene-
fiting from such activities, and a summary of how such activities 
might be expanded or improved upon; 
(2) a description of government and private partnerships 
which are, or may be, established to effectively utilize the 
capabilities represented by the International Space Station to 
enhance United States competitiveness, innovation and science, 
technology, engineering, and mathematics education; and 
(3) a summary of proposed actions or activities to be under-
taken to ensure the maximum utilization of the International 
Space Station to contribute to fulfillment of the goals and 
objectives of this Act, and the identification of any additional 
authority, assets, or funding that would be required to support 
such activities. 
SEC. 205. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM 
PROGRAM 
IMPACT 
ON 
SCIENCE, 
TECHNOLOGY, 
ENGINEERING, AND MATHEMATICS. 
(a) IN GENERAL.—Section 1003 of the National Aeronautics 
and Space Administration Authorization Act of 2010 (42 U.S.C. 
18421) is amended to read as follows: 
‘‘SEC. 1003. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM 
PROGRAM 
IMPACT 
ON 
SCIENCE, 
TECHNOLOGY, 
ENGINEERING, AND MATHEMATICS. 
‘‘A fundamental and unique capability of NASA is in stimu-
lating science, technology, engineering, and mathematics education 
in the United States. In ensuring maximum use of that capability, 
the Administrator shall carry out a study to— 
‘‘(1) identify the benefits of and lessons learned from 
ongoing and previous NASA orbital student programs including, 
at a minimum, the Get Away Special (GAS) and Earth Knowl-
edge Acquired by Middle School Students (EarthKAM) pro-
grams, on science, technology, engineering, and mathematics 
education; 
‘‘(2) assess the potential impacts on science, technology, 
engineering, and mathematics education of a program that 
would facilitate the development of scientific and educational 
payloads involving United States students and educators and 
the flights of those payloads on commercially available orbital 
platforms, when available and operational, with the goal of 
providing frequent and regular payload launches; 
‘‘(3) identify NASA expertise, such as NASA science, 
engineering, payload development, and payload operations, that
H. R. 5116—15 
could be made available to facilitate a science, technology, 
engineering, and mathematics program using commercial 
orbital platforms; and 
‘‘(4) identify the issues that would need to be addressed 
before NASA could properly assess the merits and feasibility 
of the program described in paragraph (2).’’. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 12, 2010. 
SEC. 206. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of NASA. 
(2) NASA.—The term ‘‘NASA’’ means the National Aero-
nautics and Space Administration. 
TITLE III—NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION 
SEC. 301. OCEANIC AND ATMOSPHERIC RESEARCH AND DEVELOP-
MENT PROGRAM. 
Section 4001 of the America COMPETES Act (33 U.S.C. 893) 
is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Adminis-
trator’’; and 
(2) by adding at the end the following: 
‘‘(b) OCEANIC AND ATMOSPHERIC RESEARCH AND DEVELOPMENT 
PROGRAM.—The Administrator shall implement programs and 
activities— 
‘‘(1) to identify emerging and innovative research and 
development priorities to enhance United States competitive-
ness, support development of new economic opportunities based 
on NOAA research, observations, monitoring modeling, and 
predictions that sustain ecosystem services; 
‘‘(2) to promote United States leadership in oceanic and 
atmospheric science and competitiveness in the applied uses 
of such knowledge, including for the development and expansion 
of economic opportunities; and 
‘‘(3) 
to 
advance 
ocean, 
coastal, 
Great 
Lakes, 
and 
atmospheric research and development, including potentially 
transformational research, in collaboration with other relevant 
Federal agencies, academic institutions, the private sector, and 
nongovernmental programs, consistent with NOAA’s mission 
to understand, observe, and model the Earth’s atmosphere and 
biosphere, including the oceans, in an integrated manner. 
‘‘(c) REPORT.—No later than 12 months after the date of enact-
ment of the America COMPETES Reauthorization Act of 2010, 
the Administrator, in consultation with the National Science 
Foundation or other such agencies with mature transformational 
research portfolios, shall develop and submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Science and Technology 
that describes NOAA’s strategy for enhancing transformational 
research in its research and development portfolio to increase 
United States competitiveness in oceanic and atmospheric science 
and technology. The report shall—
H. R. 5116—16 
‘‘(1) define ‘transformational research’; 
‘‘(2) identify emerging and innovative areas of research 
and development where transformational research has the 
potential to make significant and revolutionary –advancements 
in both understanding and U.S. science leadership; 
‘‘(3) describe how transformational research priorities are 
identified and appropriately –balanced in the context of NOAA’s 
broader research portfolio; 
‘‘(4) describe NOAA’s plan for developing a competitive 
peer review and priority-setting –process, funding mechanisms, 
performance and evaluation measures, and transition-to-oper-
ation guidelines for transformational research; and 
‘‘(5) describe partnerships with other agencies involved in 
transformational research.’’. 
SEC. 302. OCEANIC AND ATMOSPHERIC SCIENCE EDUCATION PRO-
GRAMS. 
Section 4002 of the America COMPETES Act (33 U.S.C. 893a) 
is amended— 
(1) by striking ‘‘the agency.’’ in subsection (a) and inserting 
‘‘agency, with consideration given to the goal of promoting 
the participation of individuals from underrepresented groups 
in STEM fields and in promoting the acquisition and retention 
of highly qualified and motivated young scientists to com-
plement and supplement workforce needs.’’; 
(2) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; 
(3) by inserting after subsection (a) the following: 
‘‘(b) EDUCATIONAL PROGRAM GOALS.—The education programs 
developed by NOAA shall, to the extent applicable— 
‘‘(1) carry out and support research based programs and 
activities designed to increase student interest and participa-
tion in STEM; 
‘‘(2) improve public literacy in STEM; 
‘‘(3) employ proven strategies and methods for improving 
student learning and teaching in STEM; 
‘‘(4) provide curriculum support materials and other 
resources that— 
‘‘(A) are designed to be integrated with comprehensive 
STEM education; 
‘‘(B) are aligned with national science education stand-
ards; and 
‘‘(C) promote the adoption and implementation of high- 
quality education practices that build toward college and 
career-readiness; and 
‘‘(5) create and support opportunities for enhanced and 
ongoing professional development for teachers using best prac-
tices that improves the STEM content and knowledge of the 
teachers, including through programs linking STEM teachers 
with STEM educators at the higher education level.’’; 
(4) by striking ‘‘develop’’ in subsection (c), as redesignated, 
and inserting ‘‘maintain’’; and 
(5) by adding at the end thereof the following: 
‘‘(e) STEM DEFINED.—In this section, the term ‘STEM’ means 
the academic and professional disciplines of science, technology, 
engineering, and mathematics.’’.
H. R. 5116—17 
SEC. 303. WORKFORCE STUDY. 
(a) IN GENERAL.—The Secretary of Commerce, in cooperation 
with the Secretary of Education, shall request the National 
Academy of Sciences to conduct a study on the scientific workforce 
in the areas of oceanic and atmospheric research and development. 
The study shall investigate— 
(1) whether there is a shortage in the number of individuals 
with advanced degrees in oceanic and atmospheric sciences 
who have the ability to conduct high quality scientific research 
in physical and chemical oceanography, meteorology, and 
atmospheric modeling, and related fields, for government, non-
profit, and private sector entities; 
(2) what Federal programs are available to help facilitate 
the education of students hoping to pursue these degrees; 
(3) barriers to transitioning highly qualified oceanic and 
atmospheric scientists into Federal civil service scientist career 
tracks; 
(4) what institutions of higher education, the private sector, 
and the Congress could do to increase the number of individuals 
with such post baccalaureate degrees; 
(5) the impact of an aging Federal scientist workforce on 
the ability of Federal agencies to conduct high quality scientific 
research; and 
(6) what actions the Federal government can take to assist 
the transition of highly qualified scientists into Federal career 
scientist positions and ensure that the experiences of retiring 
Federal scientists are adequately documented and transferred 
prior to retirement from Federal service. 
(b) COORDINATION.—The Secretary of Commerce and the Sec-
retary of Education shall consult with the heads of other Federal 
agencies and departments with oceanic and atmospheric expertise 
or authority in preparing the specifications for the study. 
(c) REPORT.—No later than 18 months after the date of enact-
ment of this Act, the Secretary of Commerce and the Secretary 
of Education shall transmit a joint report to each committee of 
Congress with jurisdiction over the programs described in 4002(b) 
of the America COMPETES Act (33 U.S.C. 893a(b)), as amended 
by section 302 of this Act, detailing the findings and recommenda-
tions of the study and setting forth a prioritized plan to implement 
the recommendations. 
(d) PROGRAM AND PLAN.—The Administrator of the National 
Oceanic and Atmospheric Administration shall evaluate the 
National Academy of Sciences study and develop a workforce pro-
gram and plan to institutionalize the Administration’s Federal 
science career pathways and address aging workforce issues. The 
program and plan shall be developed in consultation with the 
Administration’s cooperative institutes and other academic partners 
to identify and implement programs and mechanisms to ensure 
that— 
(1) sufficient highly qualified scientists are able to transi-
tion into Federal career scientist positions in the Administra-
tion’s laboratories and programs; and 
(2) the technical and management experiences of senior 
employees are documented and transferred before leaving Fed-
eral service.
H. R. 5116—18 
TITLE IV—NATIONAL INSTITUTE OF 
STANDARDS AND TECHNOLOGY 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘National Institute of Standards 
and Technology Authorization Act of 2010’’. 
SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 
(a) FISCAL YEAR 2011.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary of Commerce $918,900,000 for the National 
Institute of Standards and Technology for fiscal year 2011. 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by 
paragraph (1)— 
(A) $584,500,000 shall be authorized for scientific and 
technical research and services laboratory activities; 
(B) $124,800,000 shall be authorized for the construc-
tion and maintenance of facilities; and 
(C) $209,600,000 shall be authorized for industrial 
technology services activities, of which— 
(i) $141,100,000 shall be authorized for the Manu-
facturing Extension Partnership program under sec-
tions 25 and 26 of such Act (15 U.S.C. 278k and 
278l), of which not more than $5,000,000 shall be for 
the competitive grant program under section 25(f) of 
such Act; and 
(ii) $10,000,000 shall be authorized for the Mal-
colm Baldrige National Quality Award program under 
section 17 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3711a). 
(b) FISCAL YEAR 2012.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary of Commerce $970,800,000 for the National 
Institute of Standards and Technology for fiscal year 2012. 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by 
paragraph (1)— 
(A) $661,100,000 shall be authorized for scientific and 
technical research and services laboratory activities; 
(B) $84,900,000 shall be authorized for the construction 
and maintenance of facilities; and 
(C) $224,800,000 shall be authorized for industrial 
technology services activities, of which— 
(i) $155,100,000 shall be authorized for the Manu-
facturing Extension Partnership program under sec-
tions 25 and 26 of such Act (15 U.S.C. 278k and 
278l), of which not more than $5,000,000 shall be for 
the competitive grant program under section 25(f) of 
such Act; and 
(ii) $10,300,000 shall be authorized for the Mal-
colm Baldrige National Quality Award program under 
section 17 of the Stevenson-Wydler Technology Innova-
tion 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 $1,039,709,000 for the National 
Institute of Standards and Technology for fiscal year 2013.
H. R. 5116—19 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by 
paragraph (1)— 
(A) $676,700,000 shall be authorized for scientific and 
technical research and services laboratory activities; 
(B) $121,300,000 shall be authorized for the construc-
tion and maintenance of facilities; and 
(C) $241,709,000 shall be authorized for industrial 
technology services activities, of which— 
(i) $165,100,000 shall be authorized for the Manu-
facturing Extension Partnership program under sec-
tions 25 and 26 of such Act (15 U.S.C. 278k and 
278l), of which not more than $5,000,000 shall be for 
the competitive grant program under section 25(f) of 
such Act; and 
(ii) $10,609,000 shall be authorized for the Mal-
colm Baldrige National Quality Award program under 
section 17 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3711a). 
SEC. 403. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND 
TECHNOLOGY. 
(a) ESTABLISHMENT.—The National Institute of Standards and 
Technology Act is amended by inserting after section 3 the following: 
‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND 
TECHNOLOGY. 
‘‘(a) ESTABLISHMENT.—There shall be in the Department of 
Commerce an Under Secretary of Commerce for Standards and 
Technology (in this section referred to as the ‘Under Secretary’). 
‘‘(b) APPOINTMENT.—The Under Secretary shall be appointed 
by the President by and with the advice and consent of the Senate. 
‘‘(c) COMPENSATION.—The Under Secretary shall be com-
pensated at the rate in effect for level III of the Executive Schedule 
under section 5314 of title 5, United States Code. 
‘‘(d) DUTIES.—The Under Secretary shall serve as the Director 
of the Institute and shall perform such duties as required of the 
Director by the Secretary under this Act or by law. 
‘‘(e) APPLICABILITY.—The individual serving as the Director of 
the Institute on the date of enactment of the National Institute 
of Standards and Technology Authorization Act of 2010 shall also 
serve as the Under Secretary until such time as a successor is 
appointed under subsection (b).’’. 
(b) CONFORMING AMENDMENTS.— 
(1) TITLE 5, UNITED STATES CODE.— 
(A) LEVEL III.—Section 5314 of title 5, United States 
Code, is amended by inserting before the item ‘‘Associate 
Attorney General’’ the following: 
‘‘Under Secretary of Commerce for Standards and Tech-
nology, who also serves as Director of the National Institute 
of Standards and Technology.’’. 
(B) LEVEL IV.—Section 5315 of title 5, United States 
Code, is amended by striking ‘‘Director, National Institute 
of Standards and Technology, Department of Commerce.’’. 
(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
ACT.—Section 5 of the National Institute of Standards and 
Technology Act (15 U.S.C. 274) is amended by striking the 
first, fifth, and sixth sentences.
H. R. 5116—20 
SEC. 404. 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) by striking ‘‘and’’ after the semicolon in paragraph 
(4); 
(2) by striking ‘‘Institute.’’ in paragraph (5) and inserting 
‘‘Institute; and’’; and 
(3) by adding at the end the following: 
‘‘(6) providing to community colleges information about the 
job skills needed in small- and medium-sized manufacturing 
businesses in the regions they serve.’’. 
(b) INNOVATIVE SERVICES INITIATIVE.—Section 25 of such Act 
(15 U.S.C. 278k) is amended by adding at the end the following: 
‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 
‘‘(1) ESTABLISHMENT.—The Director shall establish, within 
the Centers program under this section, an innovative services 
initiative to assist small- and medium-sized manufacturers in— 
‘‘(A) reducing their energy usage, greenhouse gas emis-
sions, and environmental waste to improve profitability; 
‘‘(B) accelerating the domestic commercialization of 
new product technologies, including components for renew-
able energy and energy efficiency systems; and 
‘‘(C) identification of and diversification to new mar-
kets, including support for transitioning to the production 
of components for renewable energy and energy efficiency 
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 anal-
ysis of market demand for the new product technology has 
been conducted.’’. 
(c) REPORTS.—Section 25 of such Act (15 U.S.C. 278k), as 
amended by subsection (b), is further amended by adding at the 
end the following: 
‘‘(h) REPORTS.— 
‘‘(1) IN GENERAL.—In submitting the 3-year programmatic 
planning document and annual updates under section 23, the 
Director shall include an assessment of the Director’s govern-
ance of the program established under this section. 
‘‘(2) CRITERIA.—In conducting the assessment, the Director 
shall use the criteria established pursuant to the Malcolm 
Baldrige National Quality Award under section 17(d)(1)(C) of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3711a(d)(1)(C)).’’. 
(d) HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP PRO-
GRAM COST-SHARING.—Section 25(c) of such Act (15 U.S.C. 278k(c)) 
is amended by adding at the end the following: 
‘‘(7) Not later than 90 days after the date of enactment 
of the National Institute of Standards and Technology 
Authorization Act of 2010, the Comptroller General 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 effect of such cost share structures 
on individual Centers and the overall program; and
H. R. 5116—21 
‘‘(B) include recommendations for how best to structure 
the cost share requirement to provide for the long-term 
sustainability of the program.’’. 
‘‘(8) If consistent with the recommendations in the report 
transmitted to Congress under paragraph (7), the Secretary 
shall alter the cost structure requirements specified under para-
graph (3)(B) and (5) provided that the modification does not 
increase the cost share structure in place before the date of 
enactment of the America COMPETES Reauthorization Act 
of 2010, or allow the Secretary to provide a Center more than 
50 percent of the costs incurred by that Center.’’. 
(e) ADVISORY BOARD.—Section 25(e)(4) of such Act (15 U.S.C. 
278k(e)(4)) is amended to read as follows: 
‘‘(4) FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.— 
‘‘(A) IN GENERAL.—In discharging its duties under this 
subsection, the MEP Advisory Board shall function solely 
in an advisory capacity, in accordance with the Federal 
Advisory Committee Act. 
‘‘(B) EXCEPTION.—Section 14 of the Federal Advisory 
Committee Act shall not apply to the MEP Advisory Board.’. 
(f) DESIGNATION OF PROGRAM.— 
(1) IN GENERAL.—Section 25 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278k), as amended 
by subsection (c), is further amended by adding at the end 
the following: 
‘‘(i) DESIGNATION.— 
‘‘(1) HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.— 
The program under this section shall be known as the ‘Hollings 
Manufacturing Extension Partnership’. 
‘‘(2) HOLLINGS MANUFACTURING EXTENSION CENTERS.—The 
Regional Centers for the Transfer of Manufacturing Technology 
created and supported under subsection (a) shall be known 
as the ‘Hollings Manufacturing Extension Centers’ (in this Act 
referred to as the ‘Centers’).’’. 
(2) CONFORMING AMENDMENT TO CONSOLIDATED APPROPRIA-
TIONS ACT, 2005.—Division B of title II of the Consolidated 
Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2879; 
15 U.S.C. 278k note) is amended under the heading ‘‘INDUS-
TRIAL TECHNOLOGY SERVICES’’ by striking ‘‘2007: Provided fur-
ther, That’’ and all that follows through ‘‘Extension Centers.’’ 
and inserting ‘‘2007.’’. 
(3) TECHNICAL AMENDMENTS.— 
(A) Section 25(a) of the National Institute of Standards 
and Technology Act (15 U.S.C. 278k(a)) is amended in 
the matter preceding paragraph (1) by striking ‘‘Regional 
Centers for the Transfer of Manufacturing Technology’’ 
and inserting ‘‘regional centers for the transfer of manufac-
turing technology’’. 
(B) Section 25 of such Act (15 U.S.C. 278k), as amended 
by subsection (f), is further amended by adding at the 
end the following: 
‘‘(j) COMMUNITY COLLEGE DEFINED.—In this section, the term 
‘community college’ means an institution of higher education (as 
defined under section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a))) at which the highest degree that is predomi-
nately awarded to students is an associate’s degree.’’.
H. R. 5116—22 
(h) EVALUATION OF OBSTACLES UNIQUE TO SMALL MANUFACTUR-
ERS.—Section 25 of such Act (15 U.S.C. 278k), as amended by 
subsection (g), is further amended by adding at the end the fol-
lowing: 
‘‘(k) EVALUATION OF OBSTACLES UNIQUE TO SMALL MANUFAC-
TURERS.—The Director shall— 
‘‘(1) evaluate obstacles that are unique to small manufac-
turers that prevent such manufacturers from effectively com-
peting in the global market; 
‘‘(2) implement a comprehensive plan to train the Centers 
to address such obstacles; and 
‘‘(3) facilitate improved communication between the Centers 
to assist such manufacturers in implementing appropriate, tar-
geted solutions to such obstacles.’’. 
(i) NIST ACT AMENDMENT.—Section 25(f)(3) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k(f)(3)) 
is amended by striking ‘‘Director of the Centers program,’’ and 
inserting ‘‘Director of the Hollings MEP program,’’. 
SEC. 405. EMERGENCY COMMUNICATION AND TRACKING TECH-
NOLOGIES RESEARCH INITIATIVE. 
(a) ESTABLISHMENT.—The Director shall establish a research 
initiative to support the development of emergency communication 
and tracking technologies for use in locating trapped individuals 
in confined spaces, such as underground mines, and other shielded 
environments, such as high-rise buildings or collapsed structures, 
where conventional radio communication is limited. 
(b) ACTIVITIES.—In order to carry out this section, the Director 
shall work with the private sector and appropriate Federal agencies 
to— 
(1) perform a needs assessment to identify and evaluate 
the measurement, technical standards, and conformity assess-
ment needs required to improve the operation and reliability 
of such emergency communication and tracking technologies; 
(2) support the development of technical standards and 
conformance architecture to improve the operation and reli-
ability of such emergency communication and tracking tech-
nologies; and 
(3) incorporate and build upon existing reports and studies 
on improving emergency communications. 
(c) REPORT.—Not later than 18 months after the date of enact-
ment of this Act, the Director shall submit to Congress and make 
publicly available a report describing the assessment performed 
under subsection (b)(1) and making recommendations about 
research priorities to address gaps in the measurement, technical 
standards, and conformity assessment needs identified by the 
assessment. 
SEC. 406. BROADENING PARTICIPATION. 
(a) RESEARCH
FELLOWSHIPS.—Section 18 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278g–1) is 
amended by adding at the end the following: 
‘‘(c) UNDERREPRESENTED MINORITIES.—In evaluating applica-
tions for fellowships under this section, the Director shall give 
consideration to the goal of promoting the participation of underrep-
resented minorities in research areas supported by the Institute.’’.
H. R. 5116—23 
(b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Section 19 of such 
Act (15 U.S.C. 278g–2) is amended by adding at the end the fol-
lowing: ‘‘In evaluating applications for fellowships under this sec-
tion, the Director shall give consideration to the goal of promoting 
the participation of underrepresented minorities in research areas 
supported by the Institute.’’. 
(c) TEACHER DEVELOPMENT.—Section 19A(c) of such Act (15 
U.S.C. 278g–2a(c)) is amended by adding at the end the following: 
‘‘The Director shall give special consideration to an application 
from a teacher from a high-need school, as defined in section 200 
of the Higher Education Act of 1965 (20 U.S.C. 1021).’’. 
SEC. 407. NIST FELLOWSHIPS. 
(a) POST-DOCTORAL FELLOWSHIP PROGRAM.—Section 19 of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278g–2) is amended by striking ‘‘, in conjunction with the National 
Academy of Sciences,’’. 
(b) RESEARCH FELLOWSHIPS.—Section 18(a) of that Act (15 USC 
278g–1(a)) is amended by striking ‘‘up to 1.5 percent of the’’. 
(c) COMMERCE, SCIENCE, AND TECHNOLOGY FELLOWSHIP PRO-
GRAM.—Section 5163(d) of the Omnibus Trade and Competition 
Act of 1988 (15 U.S.C. 1533) is repealed. 
SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION. 
The Director shall carry out a green manufacturing and 
construction initiative— 
(1) to develop accurate sustainability metrics and practices 
for use in manufacturing; 
(2) to advance the development of standards, including 
high performance green building standards, and the creation 
of an information infrastructure to communicate sustainability 
information about suppliers; and 
(3) to move buildings toward becoming high performance 
green buildings, including improving energy performance, 
service life, and indoor air quality of new and retrofitted 
buildings through validated measurement data. 
SEC. 409. DEFINITIONS. 
In this title: 
(1) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the National Institute of Standards and Technology. 
(2) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the 
meaning given such term in section 4 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3703). 
(3) HIGH PERFORMANCE GREEN BUILDING.—The term ‘‘high 
performance green building’’ has the meaning given that term 
by section 401(13) of the Energy Independence and Security 
Act of 2009 (42 U.S.C. 17061(13)).
H. R. 5116—24 
TITLE V—SCIENCE, TECHNOLOGY, EN-
GINEERING, AND MATHEMATICS SUP-
PORT PROGRAMS 
SUBTITLE A—NATIONAL SCIENCE 
FOUNDATION 
SEC. 501. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Science Foundation 
Authorization Act of 2010’’. 
SEC. 502. DEFINITIONS. 
In this subtitle: 
(1) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the National Science Foundation. 
(2) EPSCOR.—The term ‘‘EPSCoR’’ means the Experi-
mental Program to Stimulate Competitive Research. 
(3) FOUNDATION.—The term ‘‘Foundation’’ means the 
National Science Foundation established under section 2 of 
the National Science Foundation Act of 1950 (42 U.S.C. 1861). 
(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given such term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)). 
(5) 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 Common-
wealth of the Northern Mariana Islands, or any other territory 
or possession of the United States. 
(6) UNITED STATES.—The term ‘‘United States’’ means the 
several States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, and any 
other territory or possession of the United States. 
SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 
(a) FISCAL YEAR 2011.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foundation $7,424,400,000 for fiscal year 2011. 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by 
paragraph (1)— 
(A) $5,974,782,000 shall be made available to carry 
research and related activities; 
(B) $937,850,000 shall be made available for education 
and human resources; 
(C) $164,744,000 shall be made available for major 
research equipment and facilities construction; 
(D) $327,503,000 shall be made available for agency 
operations and award management; 
(E) $4,803,000 shall be made available for the Office 
of the National Science Board; and 
(F) $14,718,000 shall be made available for the Office 
of Inspector General. 
(b) FISCAL YEAR 2012.—
H. R. 5116—25 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foundation $7,800,000,000 for fiscal year 2012. 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by 
paragraph (1)— 
(A) $6,234,281,000 shall be made available to carry 
research and related activities; 
(B) $978,959,000 shall be made available for education 
and human resources; 
(C) $225,544,000 shall be made available for major 
research equipment and facilities construction; 
(D) $341,676,000 shall be made available for agency 
operations and award management; 
(E) $4,808,000 shall be made available for the Office 
of the National Science Board; and 
(F) $14,732,000 shall be made available for the Office 
of Inspector General. 
(c) FISCAL YEAR 2013.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foundation $8,300,000,000 for fiscal year 2013. 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by 
paragraph (1)— 
(A) $6,637,849,000 shall be made available to carry 
research and related activities; 
(B) $1,041,762,000 shall be made available for edu-
cation and human resources; 
(C) $236,764,000 shall be made available for major 
research equipment and facilities construction; 
(D) $363,670,000 shall be made available for agency 
operations and award management; 
(E) $4,906,000 shall be made available for the Office 
of the National Science Board; and 
(F) $15,049,000 shall be made available for the Office 
of Inspector General. 
SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE AMENDMENTS. 
(a) STAFFING AT THE NATIONAL SCIENCE BOARD.—Section 4(g) 
of the National Science Foundation Act of 1950 (42 U.S.C. 1863(g)) 
is amended by striking ‘‘not more than 5’’. 
(b) NATIONAL SCIENCE BOARD REPORTS.—Section 4(j)(2) of the 
National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(2)) 
is amended by inserting ‘‘within the authority of the Foundation 
(or otherwise as requested by the Congress or the President)’’ after 
‘‘individual policy matters’’. 
(c) BOARD ADHERENCE TO SUNSHINE ACT.—Section 15(a)(2) of 
the National Science Foundation Authorization Act of 2002 (42 
U.S.C. 1862n–5(a)(2)) is amended— 
(1) by striking ‘‘The Board’’ and inserting ‘‘To ensure trans-
parency of the Board’s entire decision-making process, including 
deliberations on Board business occurring within its various 
subdivisions, the Board’’; and 
(2) by adding at the end the following: ‘‘The preceding 
requirement will apply to meetings of the full Board, whenever 
a quorum is present; and to meetings of its subdivisions, when-
ever a quorum of the subdivision is present.’’.
H. R. 5116—26 
SEC. 505. NATIONAL CENTER FOR SCIENCE AND ENGINEERING STATIS-
TICS. 
(a) ESTABLISHMENT.—There is established within the Founda-
tion a National Center for Science and Engineering Statistics that 
shall serve as a central Federal clearinghouse for the collection, 
interpretation, analysis, and dissemination of objective data on 
science, engineering, technology, and research and development. 
(b) DUTIES.—In carrying out subsection (a) of this section, the 
Director, acting through the Center shall— 
(1) collect, acquire, analyze, report, and disseminate statis-
tical data related to the science and engineering enterprise 
in the United States and other nations that is relevant and 
useful to practitioners, researchers, policymakers, and the 
public, including statistical data on— 
(A) research and development trends; 
(B) the science and engineering workforce; 
(C) 
United 
States 
competitiveness 
in 
science, 
engineering, technology, and research and development; 
and 
(D) the condition and progress of United States STEM 
education; 
(2) support research using the data it collects, and on 
methodologies in areas related to the work of the Center; and 
(3) support the education and training of researchers in 
the use of large-scale, nationally representative data sets. 
(c) STATISTICAL REPORTS.—The Director or the National Science 
Board, acting through the Center, shall issue regular, and as nec-
essary, special statistical reports on topics related to the national 
and international science and engineering enterprise such as the 
biennial report required by section 4(j)(1) of the National Science 
Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of the 
state of science and engineering in the United States. 
SEC. 
506. 
NATIONAL 
SCIENCE 
FOUNDATION 
MANUFACTURING 
RESEARCH AND EDUCATION. 
(a) MANUFACTURING RESEARCH.—The Director shall carry out 
a program to award merit-reviewed, competitive grants to institu-
tions of higher education to support fundamental research leading 
to transformative advances in manufacturing technologies, proc-
esses, and enterprises that will support United States manufac-
turing through improved performance, productivity, sustainability, 
and competitiveness. Research areas may include— 
(1) nanomanufacturing; 
(2) manufacturing and construction machines and equip-
ment, including robotics, automation, and other intelligent sys-
tems; 
(3) manufacturing enterprise systems; 
(4) advanced sensing and control techniques; 
(5) materials processing; and 
(6) information technologies for manufacturing, including 
predictive and real-time models and simulations, and virtual 
manufacturing. 
(b) MANUFACTURING EDUCATION.—In order to help ensure a 
well-trained manufacturing workforce, the Director shall award 
grants to strengthen and expand scientific and technical education 
and training in advanced manufacturing, including through the 
Foundation’s Advanced Technological Education program.
H. R. 5116—27 
SEC. 
507. 
NATIONAL 
SCIENCE 
BOARD 
REPORT 
ON 
MID-SCALE 
INSTRUMENTATION. 
(a) MID-SCALE
RESEARCH
INSTRUMENTATION
NEEDS.—The 
National Science Board shall evaluate the needs, across all dis-
ciplines supported by the Foundation, for mid-scale research 
instrumentation that falls between the instruments funded by the 
Major Research Instrumentation program and the very large 
projects funded by the Major Research Equipment and Facilities 
Construction program. 
(b) REPORT ON MID-SCALE RESEARCH INSTRUMENTATION PRO-
GRAM.—Not later than 1 year after the date of enactment of this 
Act, the National Science Board shall submit to Congress a report 
on mid-scale research instrumentation at the Foundation. At a 
minimum, this report shall include— 
(1) the findings from the Board’s evaluation of instrumenta-
tion needs required under subsection (a), including a description 
of differences across disciplines and Foundation research direc-
torates; 
(2) a recommendation or recommendations regarding how 
the Foundation should set priorities for mid-scale instrumenta-
tion across disciplines and Foundation research directorates; 
(3) a recommendation or recommendations regarding the 
appropriateness of expanding existing programs, including the 
Major Research Instrumentation program or the Major 
Research Equipment and Facilities Construction program, to 
support more instrumentation at the mid-scale; 
(4) a recommendation or recommendations regarding the 
need for and appropriateness of a new, Foundation-wide pro-
gram or initiative in support of mid-scale instrumentation, 
including any recommendations regarding the administration 
of and budget for such a program or initiative and the appro-
priate scope of instruments to be funded under such a program 
or initiative; and 
(5) any recommendation or recommendations regarding 
other options for supporting mid-scale research instrumentation 
at the Foundation. 
SEC. 508. PARTNERSHIPS FOR INNOVATION. 
(a) IN GENERAL.—The Director shall carry out a program to 
award merit-reviewed, competitive grants to institutions of higher 
education to establish and to expand partnerships that promote 
innovation and increase the impact of research by developing tools 
and resources to connect new scientific discoveries to practical uses. 
(b) PARTNERSHIPS.— 
(1) IN
GENERAL.—To be eligible for funding under this 
section, an institution of higher education must propose 
establishment of a partnership that— 
(A) includes at least one private sector entity; and 
(B) may include other institutions of higher education, 
public sector institutions, private sector entities, and non-
profit organizations. 
(2) PRIORITY.—In selecting grant recipients under this sec-
tion, the Director shall give priority to partnerships that include 
one or more institutions of higher education and at least one 
of the following: 
(A) A minority serving institution. 
(B) A primarily undergraduate institution.
H. R. 5116—28 
(C) A 2-year institution of higher education. 
(c) PROGRAM.—Proposals funded under this section shall seek— 
(1) to increase the impact of the most promising research 
at the institution or institutions of higher education that are 
members of the partnership through knowledge transfer or 
commercialization; 
(2) to increase the engagement of faculty and students 
across multiple disciplines and departments, including faculty 
and students in schools of business and other appropriate non- 
STEM fields and disciplines in knowledge transfer activities; 
(3) to enhance education and mentoring of students and 
faculty in innovation and entrepreneurship through networks, 
courses, and development of best practices and curricula; 
(4) to strengthen the culture of the institution or institu-
tions of higher education to undertake and participate in activi-
ties related to innovation and leading to economic or social 
impact; 
(5) to broaden the participation of all types of institutions 
of higher education in activities to meet STEM workforce needs 
and promote innovation and knowledge transfer; and 
(6) to build lasting partnerships with local and regional 
businesses, local and State governments, and other relevant 
entities. 
(d) ADDITIONAL CRITERIA.—In selecting grant recipients under 
this section, the Director shall also consider the extent to which 
the applicants are able to demonstrate evidence of institutional 
support for, and commitment to— 
(1) achieving the goals of the program as described in 
subsection (c); 
(2) expansion to an institution-wide program if the initial 
proposal is not for an institution-wide program; and 
(3) sustaining any new innovation tools and resources gen-
erated from funding under this program. 
(e) LIMITATION.—No funds provided under this section may 
be used to construct or renovate a building or structure. 
SEC. 509. SUSTAINABLE CHEMISTRY BASIC RESEARCH. 
The Director shall establish a Green Chemistry Basic Research 
program to award competitive, merit-based grants to support 
research into green and sustainable chemistry which will lead to 
clean, safe, and economical alternatives to traditional chemical prod-
ucts and practices. The research program shall provide sustained 
support for green chemistry research, education, and technology 
transfer through— 
(1) merit-reviewed competitive grants to individual inves-
tigators and teams of investigators, including, to the extent 
practicable, young investigators, for research; 
(2) grants to fund collaborative research partnerships 
among universities, industry, and nonprofit organizations; 
(3) symposia, forums, and conferences to increase outreach, 
collaboration, and dissemination of green chemistry advances 
and practices; and 
(4) education, training, and retraining of undergraduate 
and graduate students and professional chemists and chemical 
engineers, including through partnerships with industry, in 
green chemistry science and engineering.
H. R. 5116—29 
SEC. 510. GRADUATE STUDENT SUPPORT. 
(a) FINDING.—The Congress finds that— 
(1) the Integrative Graduate Education and Research 
Traineeship program is an important program for training the 
next generation of scientists and engineers in team-based inter-
disciplinary research and problem solving, and for providing 
them with the many additional skills, such as communication 
skills, needed to thrive in diverse STEM careers; and 
(2) the Integrative Graduate Education and Research 
Traineeship program is no less valuable to the preparation 
and support of graduate students than the Foundation’s Grad-
uate Research Fellowship program. 
(b) EQUAL TREATMENT
OF IGERT AND GRF.—Beginning in 
fiscal year 2011, the Director shall increase or, if necessary, decrease 
funding for the Foundation’s Integrative Graduate Education and 
Research Traineeship program (or any program by which it is 
replaced) at least at the same rate as it increases or decreases 
funding for the Graduate Research Fellowship program. 
(c) SUPPORT
FOR GRADUATE STUDENT RESEARCH FROM
THE 
RESEARCH ACCOUNT.—For each of the fiscal years 2011 through 
2013, at least 50 percent of the total Foundation funds allocated 
to the Integrative Graduate Education and Research Traineeship 
program and the Graduate Research Fellowship program shall come 
from funds appropriated for Research and Related Activities. 
(d) COST
OF EDUCATION ALLOWANCE
FOR GRF PROGRAM.— 
Section 10 of the National Science Foundation Act of 1950 (42 
U.S.C. 1869) is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Foundation 
is authorized’’; and 
(2) by adding at the end the following: 
‘‘(b) AMOUNT.—The Director shall establish for each year the 
amount to be awarded for scholarships and fellowships under this 
section for that year. Each such scholarship and fellowship shall 
include a cost of education allowance of $12,000, subject to any 
restrictions on the use of cost of education allowance as determined 
by the Director.’’. 
SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM. 
(a) MATCHING REQUIREMENT.—Section 10A(h)(1) of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n– 
1a(h)(1)) is amended to read as follows: 
‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 
this section shall provide, from non-Federal sources, to carry 
out the activities supported by the grant— 
‘‘(A) in the case of grants in an amount of less than 
$1,500,000, an amount equal to at least 30 percent of 
the amount of the grant, at least one half of which shall 
be in cash; and 
‘‘(B) in the case of grants in an amount of $1,500,000 
or more, an amount equal to at least 50 percent of the 
amount of the grant, at least one half of which shall be 
in cash.’’. 
(b) RETIRING STEM PROFESSIONALS.—Section 10A(a)(2)(A) of 
the National Science Foundation Authorization Act of 2002 (42 
U.S.C. 1862n–1a(a)(2)(A)) is amended by inserting ‘‘including 
retiring professionals in those fields,’’ after ‘‘mathematics profes-
sionals,’’.
H. R. 5116—30 
SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION PROGRAM. 
The Foundation shall continue to support the Historically Black 
Colleges and Universities Undergraduate Program, the Louis Stokes 
Alliances for Minority Participation program, the Tribal Colleges 
and Universities Program, and Hispanic-serving institutions as 
separate programs. 
SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL STUDENTS. 
The Director shall permit specialized STEM high schools con-
ducting research to participate in major data collection initiatives 
from universities, corporations, or government labs under a research 
grant from the Foundation, as part of the research proposal. 
SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADUATES. 
(a) RESEARCH SITES.—The Director shall award grants, on a 
merit-reviewed, competitive basis, to institutions of higher edu-
cation, nonprofit organizations, or consortia of such institutions 
and organizations, for sites designated by the Director to provide 
research experiences for 6 or more undergraduate STEM students 
for sites designated at primarily undergraduate institutions of 
higher education and 10 or more undergraduate STEM students 
for all other sites, with consideration given to the goal of promoting 
the participation of individuals identified in section 33 or 34 of 
the Science and Engineering Equal Opportunities Act (42 U.S.C. 
1885a or 1885b). The Director shall ensure that— 
(1) at least half of the students participating in a program 
funded by a grant under this subsection at each site shall 
be recruited from institutions of higher education where 
research opportunities in STEM are limited, including 2-year 
institutions; 
(2) the awards provide undergraduate research experiences 
in a wide range of STEM disciplines; 
(3) the awards support a variety of projects, including 
independent investigator-led projects, interdisciplinary projects, 
and multi-institutional projects (including virtual projects); 
(4) students participating in each program funded have 
mentors, including during the academic year to the extent 
practicable, to help connect the students’ research experiences 
to the overall academic course of study and to help students 
achieve success in courses of study leading to a baccalaureate 
degree in a STEM field; 
(5) mentors and students are supported with appropriate 
salary or stipends; and 
(6) student participants are tracked, for employment and 
continued matriculation in STEM fields, through receipt of 
the undergraduate degree and for at least 3 years thereafter. 
(b) INCLUSION OF UNDERGRADUATES IN STANDARD RESEARCH 
GRANTS.—The Director shall require that every recipient of a 
research grant from the Foundation proposing to include 1 or more 
students enrolled in certificate, associate, or baccalaureate degree 
programs in carrying out the research under the grant shall request 
support, including stipend support, for such undergraduate students 
as part of the research proposal itself rather than as a supplement 
to the research proposal, unless such undergraduate participation 
was not foreseeable at the time of the original proposal.
H. R. 5116—31 
SEC. 515. STEM INDUSTRY INTERNSHIP PROGRAMS. 
(a) IN GENERAL.—The Director may award grants, on a competi-
tive, merit-reviewed basis, to institutions of higher education, or 
consortia thereof, to establish or expand partnerships with local 
or regional private sector entities, for the purpose of providing 
undergraduate students with integrated internship experiences that 
connect private sector internship experiences with the students’ 
STEM coursework. The partnerships may also include industry 
or professional associations. 
(b) INTERNSHIP PROGRAM.—The grants awarded under sub-
section (a) may include internship programs in the manufacturing 
sector. 
(c) USE
OF GRANT FUNDS.—Grants under this section may 
be used— 
(1) to develop and implement hands-on learning opportuni-
ties; 
(2) to develop curricula and instructional materials related 
to industry, including the manufacturing sector; 
(3) to perform outreach to secondary schools; 
(4) to develop mentorship programs for students with 
partner organizations; and 
(5) to conduct activities to support awareness of career 
opportunities and skill requirements. 
(d) PRIORITY.—In awarding grants under this section, the 
Director shall give priority to institutions of higher education or 
consortia thereof that demonstrate significant outreach to and 
coordination with local or regional private sector entities and 
Regional Centers for the Transfer of Manufacturing Technology 
established by section 25(a) of the National Institute of Standards 
and Technology Act (15 U.S.C. 278k(a)) in developing academic 
courses designed to provide students with the skills or certifications 
necessary for employment in local or regional companies. 
(c) OUTREACH TO RURAL COMMUNITIES.—The Foundation shall 
conduct outreach to institutions of higher education and private 
sector entities in rural areas to encourage those entities to partici-
pate in partnerships under this section. 
(d) COST-SHARE.—The Director shall require a 50 percent non- 
Federal cost-share from partnerships established or expanded under 
this section. 
(e) RESTRICTION.—No Federal funds provided under this section 
may be used— 
(1) for the purpose of providing stipends or compensation 
to students for private sector internships unless private sector 
entities match 75 percent of such funding; or 
(2) as payment or reimbursement to private sector entities, 
except for institutions of higher education. 
(f) REPORT.—Not less than 3 years after the date of enactment 
of this Act, the Director shall submit a report to Congress on 
the number and total value of awards made under this section, 
the number of students affected by those awards, any evidence 
of the effect of those awards on workforce preparation and jobs 
placement for participating students, and an economic and ethnic 
breakdown of the participating students. 
SEC. 516. CYBER-ENABLED LEARNING FOR NATIONAL CHALLENGES. 
The Director shall, in consultation with appropriate Federal 
agencies, identify ways to use cyber-enabled learning to create
H. R. 5116—32 
an innovative STEM workforce and to help retrain and retain 
our existing STEM workforce to address national challenges, 
including national security and competitiveness, and use technology 
to enhance or supplement laboratory based learning. 
SEC. 517. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
RESEARCH. 
(a) FINDINGS.—The Congress finds that— 
(1) The National Science Foundation Act of 1950 stated, 
‘‘it shall be an objective of the Foundation to strengthen 
research and education in the sciences and engineering, 
including independent research by individuals, throughout the 
United States, and to avoid undue concentration of such 
research and education,’’; 
(2) National Science Foundation funding remains highly 
concentrated, with 27 States and 2 jurisdictions, taken together, 
receiving only about 10 percent of all NSF research funding; 
each of these States received only a fraction of one percent 
of Foundation’s research dollars each year; 
(3) the Nation requires the talent, expertise, and research 
capabilities of all States in order to prepare sufficient numbers 
of scientists and engineers, remain globally competitive and 
support economic development. 
(b) CONTINUATION OF PROGRAM.—The Director shall continue 
to carry out EPSCoR, with the objective of helping the eligible 
States to develop the research infrastructure that will make them 
more competitive for Foundation and other Federal research 
funding. The program shall continue to increase as the National 
Science Foundation funding increases. 
(c) CONGRESSIONAL REPORTS.—The Director shall report to the 
appropriate committees of Congress on an annual basis, using the 
most recent available data— 
(1) the total amount made available, by State, under 
EPSCoR; 
(2) the amount of co-funding made available to EPSCoR 
States; 
(3) the total amount of National Science Foundation 
funding made available to all institutions and entities within 
EPSCoR States; and 
(4) efforts and accomplishments to more fully integrate 
the 29 EPSCoR jurisdictions in major activities and initiatives 
of the Foundation. 
(d) COORDINATION
OF EPSCOR AND SIMILAR FEDERAL PRO-
GRAMS.— 
(1) ANOTHER FINDING.—The Congress finds that a number 
of Federal agencies have programs, such as Experimental Pro-
grams to Stimulate Competitive Research and the National 
Institutes of Health Institutional Development Award program, 
designed to increase the capacity for and quality of science 
and technology research and training at academic institutions 
in States that historically have received relatively little Federal 
research and development funding. 
(2) COORDINATION
REQUIRED.—The EPSCoR Interagency 
Coordinating Committee, chaired by the National Science 
Foundation, shall— 
(A) coordinate EPSCoR and Federal EPSCoR-like pro-
grams to maximize the impact of Federal support for
H. R. 5116—33 
building competitive research infrastructure, and in order 
to achieve an integrated Federal effort; 
(B) coordinate agency objectives with State and institu-
tional goals, to obtain continued non-Federal support of 
science and technology research and training; 
(C) develop metrics to assess gains in academic 
research quality and competitiveness, and in science and 
technology human resource development; 
(D) conduct a cross-agency evaluation of EPSCoR and 
other Federal EPSCoR-like programs and accomplishments, 
including management, investment, and metric-measuring 
strategies implemented by the different agencies aimed 
to increase the number of new investigators receiving peer- 
reviewed funding, broaden participation, and empower 
knowledge generation, dissemination, application, and 
national research and development competitiveness; 
(E) coordinate the development and implementation 
of new, novel workshops, outreach activities, and follow- 
up mentoring activities among EPSCoR or EPSCoR-like 
programs for colleges and universities in EPSCoR States 
and territories in order to increase the number of proposals 
submitted and successfully funded and to enhance state-
wide coordination of EPSCoR and Federal EPSCoR-like 
programs; 
(F) coordinate the development of new, innovative 
solicitations and programs to facilitate collaborations, part-
nerships, and mentoring activities among faculty at all 
levels in non-EPSCoR and EPSCoR States and jurisdic-
tions; 
(G) conduct an evaluation of the roles, responsibilities 
and degree of autonomy that program officers or managers 
(or the equivalent position) have in executing EPSCoR 
programs at the different Federal agencies and the impacts 
these differences have on the number of EPSCoR State 
and jurisdiction faculty participating in the peer review 
process and the percentage of successful awards by indi-
vidual 
EPSCoR 
State 
jurisdiction 
and 
individual 
researcher; and 
(H) conduct a survey of colleges and university faculty 
at all levels regarding their knowledge and understanding 
of EPSCoR, and their level of interaction with and knowl-
edge about their respective State or Jurisdictional EPSCoR 
Committee. 
(3) MEETINGS AND REPORTS.—The Committee shall meet 
at least twice each fiscal year and shall submit an annual 
report to the appropriate committees of Congress describing 
progress made in carrying out paragraph (2). 
(e) FEDERAL AGENCY REPORTS.—Each Federal agency that 
administers an EPSCoR or Federal EPSCoR-like program shall 
submit to the OSTP as part of its Federal budget submission— 
(1) a description of the program strategy and objectives; 
(2) a description of the awards made in the previous year, 
including— 
(A) the percentage of reviewers and number of new 
reviewers from EPSCoR States; 
(B) the percentage of new investigators from EPSCoR 
States;
H. R. 5116—65 
(C) by adding at the end the following: 
‘‘(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 purposes of sub-
section (c)(2)(C); and 
‘‘(C) providing as part of the annual report required 
by subsection (h)(1) a summary of the instances of and 
reasons for ARPA–E funding projects in technology areas 
already being undertaken by industry.’’; 
(4) by redesignating subsections (f) through (m) as sub-
sections (g) through (n), respectively; 
(5) by inserting after subsection (e) the following: 
‘‘(f) AWARDS.—In carrying out this section, the Director may 
provide awards in the form of grants, contracts, cooperative agree-
ments, cash prizes, and other transactions.’’; 
(6) in subsection (g) (as redesignated by paragraph (4))— 
(A) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; 
(B) by inserting before paragraph (2) (as redesignated 
by subparagraph (A)) the following: 
‘‘(1) IN GENERAL.—The Director shall establish and main-
tain within ARPA–E a staff with sufficient qualifications and 
expertise to enable ARPA–E to carry out the responsibilities 
of ARPA–E under this section in conjunction with other oper-
ations of the Department.’’; 
(C) in paragraph (2) (as redesignated by subparagraph 
(A))— 
(i) in the paragraph heading, by striking ‘‘PROGRAM 
MANAGERS’’ and inserting ‘‘PROGRAM DIRECTORS’’; 
(ii) in subparagraph (A), by striking ‘‘program man-
agers for each of’’ and inserting ‘‘program directors 
for’’; 
(iii) in subparagraph (B)— 
(I) in the matter preceding clause (i), by 
striking ‘‘program manager’’ and inserting ‘‘pro-
gram director’’; 
(II) in clause (iv), by striking ‘‘, with advice 
under subsection (j) as appropriate,’’; 
(III) by redesignating clauses (v) and (vi) as 
clauses (vi) and (viii), respectively; 
(IV) by inserting after clause (iv) the following: 
‘‘(v) identifying innovative cost-sharing arrange-
ments for ARPA–E projects, including through use of 
the authority provided under section 988(b)(3) of the 
Energy Policy Act of 2005 (42 U.S.C. 16352(b)(3));’’; 
(V) in clause (vi) (as redesignated by subclause 
(III)), by striking ‘‘; and’’ and inserting a semicolon; 
and 
(VI) by inserting after clause (vi) (as redesig-
nated by subclause (III)) the following:
H. R. 5116—66 
‘‘(vii) identifying mechanisms for commercial 
application of successful energy technology develop-
ment projects, including through establishment of part-
nerships between awardees and commercial entities; 
and’’; 
(iv) in subparagraph (C), by inserting ‘‘not more 
than’’ after ‘‘shall be’’; and 
(D) in paragraph (3) (as redesignated by subparagraph 
(A))— 
(i) in subparagraph (A)— 
(I) in clause (i), by striking ‘‘and’’ after the 
semicolon at the end; and 
(II) by striking clause (ii) and inserting the 
following: 
‘‘(ii) fix the basic pay of such personnel at a rate 
to be determined by the Director at rates not in excess 
of Level II of the Executive Schedule (EX–II) without 
regard to the civil service laws; and 
‘‘(iii) pay any employee appointed under this sub-
part payments in addition to basic pay, except that 
the total amount of additional payments paid to an 
employee under this subpart for any 12-month period 
shall not exceed the least of the following amounts: 
‘‘(I) $25,000. 
‘‘(II) The amount equal to 25 percent of the 
annual rate of basic pay of the employee. 
‘‘(III) The amount of the limitation that is 
applicable for a calendar year under section 
5307(a)(1) of title 5, United States Code.’’; 
(ii) in subparagraph (B), by striking ‘‘not less than 
70, and not more than 120,’’ and inserting ‘‘not more 
than 120’’; 
(7) in subsection (h)(2) (as redesignated by paragraph (4))— 
(A) by striking ‘‘2008’’ and inserting ‘‘2010’’; and 
(B) by striking ‘‘2011’’ and inserting’’2013’’; 
(8) by striking subsection (j) (as redesignated by paragraph 
(4)) and inserting the following: 
‘‘(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Director 
shall seek opportunities to partner with purchasing and procure-
ment programs of Federal agencies to demonstrate energy tech-
nologies resulting from activities funded through ARPA–E.’’; 
(9) in subsection (l) (as redesignated by paragraph (4))— 
(A) in paragraph (1), by striking ‘‘4 years’’ and 
inserting’’ 6 years’’; and 
(B) in paragraph (2)(B), by inserting ‘‘, and the manner 
in which those lessons may apply to the operation of other 
programs of the Department’’ after ‘‘ARPA–E’’; and 
(10) in subsection (n) (as redesignated by paragraph (4))— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘and’’ after 
the semicolon at the end; 
(ii) in subparagraph (B), by striking the period 
at the end and inserting a semicolon; and 
(iii) by adding at the end the following: 
‘‘(C) $300,000,000 for fiscal year 2011; 
‘‘(D) $306,000,000 for fiscal year 2012; and 
‘‘(E) $312,000,000 for fiscal year 2013.’’;
H. R. 5116—67 
(B) by striking paragraph (4); 
(C) by redesignating paragraph (5) as paragraph (4); 
and 
(D) in paragraph (4)(B) (as redesignated by subpara-
graph (C))— 
(i) by striking ‘‘2.5 percent’’ and inserting ‘‘5 per-
cent’’; and 
(ii) by inserting ‘‘, consistent with the goal 
described in subsection (c)(2)(D) and within the respon-
sibilities of program directors described in subsection 
(g)(2)(B)(vii)’’ after ‘‘outreach activities’’. 
TITLE X—EDUCATION 
SEC. 1001. REFERENCES. 
Except as otherwise expressly provided, wherever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
America COMPETES Act (Public Law 110–69). 
SEC. 1002. REPEALS AND CONFORMING AMENDMENTS. 
(a) REPEALS.—The following provisions of the Act are repealed: 
(1) Section 6001 (20 U.S.C. 9801). 
(2) Part III of subtitle A of title VI (20 U.S.C. 9841). 
(3) Subtitle B of title VI (20 U.S.C. 9851 et seq.) 
(4) Subtitle C of title VI (20 U.S.C. 9861 et seq.). 
(5) Subtitle E of title VI (20 U.S.C. 9881 et seq.). 
(b) CONFORMING AMENDMENTS.—The Act is amended— 
(1) by redesignating section 6002 (20 U.S.C. 9802) as sec-
tion 6001; 
(2) by redesignating subtitle D of title VI (20 U.S.C. 9871) 
as subtitle B of title VI; and 
(3) by redesignating section 6401 (20 U.S.C. 9871) as sec-
tion 6201. 
SEC. 1003. AUTHORIZATIONS OF APPROPRIATIONS AND MATCHING 
REQUIREMENT. 
(a) TEACHERS FOR A COMPETITIVE TOMORROW.—Section 6116 
(20 U.S.C. 9816) is amended to read as follows: 
‘‘SEC. 6116. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part $4,000,000 for each of fiscal years 2011 through 2013, of 
which— 
‘‘(1) $2,000,000 shall be available to carry out section 6113 
for each of fiscal years 2011 through 2013; and 
‘‘(2) $2,000,000 shall be available to carry out section 6114 
for each of fiscal years 2011 through 2013.’’. 
(b) ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE 
PROGRAMS AND MATCHING REQUIREMENT.—Section 6123 (20 U.S.C. 
9833) is amended— 
(1) in subsection (h)(1)— 
(A) by striking ‘‘100’’ and inserting ‘‘50’’; and 
(B) by striking ‘‘200’’ and inserting ‘‘100’’; and 
(2) by striking subsection (l) and inserting the following:
H. R. 5116—68 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $75,000,000 for each 
of fiscal years 2011 through 2013.’’. 
(c) ALIGNMENT OF EDUCATION PROGRAMS.—Section 6201(j), as 
redesignated by section 1002(b)(3), is amended to read as follows: 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $120,000,000 for each 
of fiscal years 2011 and 2012.’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.