America COMPETES Reauthorization Act of 2010
PL 111-358 (H.R.5116), enacted 01/04/2011

124 STAT. 3982 
PUBLIC LAW 111–358—JAN. 4, 2011 
Public Law 111–358 
111th Congress 
An Act 
To invest in innovation through research and development, to improve the competi-
tiveness of the United States, and for other purposes. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—this Act may be cited as the ‘‘America COM-
PETES Reauthorization Act of 2010’’ or the ‘‘America Creating 
Opportunities to Meaningfully Promote Excellence in Technology, 
Education, and Science Reauthorization Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Budgetary impact statement. 
TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY 
Sec. 101. Coordination of Federal STEM education. 
Sec. 102. Coordination of advanced manufacturing research and development. 
Sec. 103. Interagency public access committee. 
Sec. 104. Federal scientific collections. 
Sec. 105. Prize competitions. 
TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
Sec. 201. NASA’s contribution to innovation and competitiveness. 
Sec. 202. NASA’s contribution to education. 
Sec. 203. Assessment of impediments to space science and engineering workforce 
development for minority and under-represented groups at NASA. 
Sec. 204. International Space Station’s contribution to national competitiveness en-
hancement. 
Sec. 205. Study of potential commercial orbital platform program impact on 
Science, Technology, Engineering, and Mathematics. 
Sec. 206. Definitions. 
TITLE III—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
Sec. 301. Oceanic and atmospheric research and development program. 
Sec. 302. Oceanic and atmospheric science education programs. 
Sec. 303. Workforce study. 
TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
Sec. 401. Short title. 
Sec. 402. Authorization of appropriations. 
Sec. 403. Under Secretary of Commerce for Standards and Technology. 
Sec. 404. Manufacturing Extension Partnership. 
Sec. 405. Emergency communication and tracking technologies research initiative. 
Sec. 406. Broadening participation. 
Sec. 407. NIST Fellowships. 
Sec. 408. Green manufacturing and construction. 
Sec. 409. Definitions. 
America 
COMPETES 
Reauthorization 
Act of 2010. 
42 USC 1861 
note. 
Jan. 4, 2011 
[H.R. 5116] 
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124 STAT. 3983 
PUBLIC LAW 111–358—JAN. 4, 2011 
TITLE V—SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
SUPPORT PROGRAMS 
SUBTITLE A—NATIONAL SCIENCE FOUNDATION 
Sec. 501. Short title. 
Sec. 502. Definitions. 
Sec. 503. Authorization of appropriations. 
Sec. 504. National Science Board administrative amendments. 
Sec. 505. National Center for Science and Engineering statistics. 
Sec. 506. National Science Foundation manufacturing research and education. 
Sec. 507. National Science Board report on mid-scale instrumentation. 
Sec. 508. Partnerships for innovation. 
Sec. 509. Sustainable chemistry basic research. 
Sec. 510. Graduate student support. 
Sec. 511. Robert Noyce teacher scholarship program. 
Sec. 512. Undergraduate broadening participation program. 
Sec. 513. Research experiences for high school students. 
Sec. 514. Research experiences for undergraduates. 
Sec. 515. STEM industry internship programs. 
Sec. 516. Cyber-enabled learning for national challenges. 
Sec. 517. Experimental Program to Stimulate Competitive Research. 
Sec. 518. Sense of the Congress regarding the science, technology, engineering, and 
mathematics talent expansion program. 
Sec. 519. Sense of the Congress regarding the National Science Foundation’s con-
tributions to basic research and education. 
Sec. 520. Academic technology transfer and commercialization of university re-
search. 
Sec. 521. Study to develop improved impact-on-society metrics. 
Sec. 522. NSF grants in support of sponsored post-doctoral fellowship programs. 
Sec. 523. Collaboration in planning for stewardship of large-scale facilities. 
Sec. 524. Cloud computing research enhancement. 
Sec. 525. Tribal colleges and universities program. 
Sec. 526. Broader impacts review criterion. 
Sec. 527. Twenty-first century graduate education. 
SUBTITLE B—STEM-TRAINING GRANT PROGRAM 
Sec. 551. Purpose. 
Sec. 552. Program requirements. 
Sec. 553. Grant program. 
Sec. 554. Grant oversight and administration. 
Sec. 555. Definitions. 
Sec. 556. Authorization of appropriations. 
TITLE VI—INNOVATION 
Sec. 601. Office of innovation and entrepreneurship. 
Sec. 602. Federal loan guarantees for innovative technologies in manufacturing. 
Sec. 603. Regional innovation program. 
Sec. 604. Study on economic competitiveness and innovative capacity of United 
States and development of national economic competitiveness strategy. 
Sec. 605. Promoting use of high-end computing simulation and modeling by small- 
and medium-sized manufacturers. 
TITLE VII—NIST GREEN JOBS 
Sec. 701. Short title. 
Sec. 702. Findings. 
Sec. 703. National Institute of Standards and Technology competitive grant pro-
gram. 
TITLE VIII—GENERAL PROVISIONS 
Sec. 801. Government Accountability Office review. 
Sec. 802. Salary restrictions. 
Sec. 803. Additional research authorities of the FCC. 
TITLE IX—DEPARTMENT OF ENERGY 
Sec. 901. Science, engineering, and mathematics education programs. 
Sec. 902. Energy research programs. 
Sec. 903. Basic research. 
Sec. 904. Advanced Research Project Agency-Energy. 
TITLE X—EDUCATION 
Sec. 1001. References 
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124 STAT. 3984 
PUBLIC LAW 111–358—JAN. 4, 2011 
Sec. 1002. Repeals and conforming amendments. 
Sec. 1003. Authorizations of appropriations and matching requirement. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) DIRECTOR.—In title I, the term ‘‘Director’’ means the 
Director of the Office of Science and Technology Policy. 
(2) STEM.—The term ‘‘STEM’’ means the academic and 
professional disciplines of science, technology, engineering, and 
mathematics. 
SEC. 3. BUDGETARY IMPACT STATEMENT. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the 
Congressional Record by the Chairman of the Senate Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
TITLE I—OFFICE OF SCIENCE AND 
TECHNOLOGY POLICY 
SEC. 101. COORDINATION OF FEDERAL STEM EDUCATION. 
(a) ESTABLISHMENT.—The Director shall establish a committee 
under the National Science and Technology Council, including the 
Office of Management and Budget, with the responsibility to coordi-
nate Federal programs and activities in support of STEM education, 
including at the National Science Foundation, the Department of 
Energy, the National Aeronautics and Space Administration, the 
National Oceanic and Atmospheric Administration, the Department 
of Education, and all other Federal agencies that have programs 
and activities in support of STEM education. 
(b) RESPONSIBILITIES.—The committee established under sub-
section (a) shall— 
(1) coordinate the STEM education activities and programs 
of the Federal agencies; 
(2) coordinate STEM education activities and programs 
with the Office of Management and Budget; 
(3) encourage the teaching of innovation and entrepreneur-
ship as part of STEM education activities; 
(4) review STEM education activities and programs to 
ensure they are not duplicative of similar efforts within the 
Federal government; 
(5) develop, implement through the participating agencies, 
and update once every 5 years a 5-year STEM education stra-
tegic plan, which shall— 
(A) specify and prioritize annual and long-term objec-
tives; 
(B) specify the common metrics that will be used to 
assess progress toward achieving the objectives; 
(C) describe the approaches that will be taken by each 
participating agency to assess the effectiveness of its STEM 
education programs and activities; and 
(D) with respect to subparagraph (A), describe the 
role of each agency in supporting programs and activities 
designed to achieve the objectives; and 
Strategic plan. 
Deadline. 
42 USC 6621. 
42 USC 6621 
note. 
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124 STAT. 3985 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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 
Establishment. 
42 USC 6622. 
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124 STAT. 3986 
PUBLIC LAW 111–358—JAN. 4, 2011 
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 
42 USC 6623. 
Strategic plan. 
Deadline. 
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124 STAT. 3987 
PUBLIC LAW 111–358—JAN. 4, 2011 
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— 
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124 STAT. 3988 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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. 
Consultation. 
Web site. 
Consultation. 
42 USC 6624. 
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124 STAT. 3989 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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. 
Federal Register, 
publication. 
Notice. 
Consultation. 
15 USC 3719. 
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124 STAT. 3990 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(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 
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124 STAT. 3991 
PUBLIC LAW 111–358—JAN. 4, 2011 
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— 
Appointment. 
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124 STAT. 3992 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(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 
Contracts. 
Deadline. 
Guidelines. 
Time period. 
Notice. 
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124 STAT. 3993 
PUBLIC LAW 111–358—JAN. 4, 2011 
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; 
51 USC 40901 
note prec. 
51 USC 20144. 
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124 STAT. 3994 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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 
51 USC 20303 
note. 
Contracts. 
51 USC 30501 
note prec. 
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124 STAT. 3995 
PUBLIC LAW 111–358—JAN. 4, 2011 
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 
42 USC 18421. 
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124 STAT. 3996 
PUBLIC LAW 111–358—JAN. 4, 2011 
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— 
51 USC 10101 
note. 
42 USC 18421 
note. 
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124 STAT. 3997 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(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.’’. 
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124 STAT. 3998 
PUBLIC LAW 111–358—JAN. 4, 2011 
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. 
Evaluation. 
Consultation. 
33 USC 893c. 
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124 STAT. 3999 
PUBLIC LAW 111–358—JAN. 4, 2011 
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. 
National 
Institute of 
Standards and 
Technology 
Authorization 
Act of 2010. 
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124 STAT. 4000 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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. 
President. 
15 USC 273a. 
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124 STAT. 4001 
PUBLIC LAW 111–358—JAN. 4, 2011 
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 
Deadline. 
Reports. 
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124 STAT. 4002 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(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.’’. 
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124 STAT. 4003 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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.’’. 
15 USC 278n–1. 
Plans. 
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124 STAT. 4004 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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)). 
15 USC 278n–1 
note. 
15 USC 278n–2. 
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124 STAT. 4005 
PUBLIC LAW 111–358—JAN. 4, 2011 
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.— 
42 USC 1862p 
note. 
42 USC 1861 
note. 
National Science 
Foundation 
Authorization 
Act of 2010. 
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124 STAT. 4006 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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.’’. 
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124 STAT. 4007 
PUBLIC LAW 111–358—JAN. 4, 2011 
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. 
Grants. 
42 USC 1862p–1. 
Reports. 
Public 
information. 
42 USC 1862p. 
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124 STAT. 4008 
PUBLIC LAW 111–358—JAN. 4, 2011 
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. 
Grants. 
42 USC 1862p–2. 
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124 STAT. 4009 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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. 
Grants. 
42 USC 1862p–3. 
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124 STAT. 4010 
PUBLIC LAW 111–358—JAN. 4, 2011 
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,’’. 
Effective date. 
42 USC 1869 
note. 
42 USC 1869 
note. 
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124 STAT. 4011 
PUBLIC LAW 111–358—JAN. 4, 2011 
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. 
Grants. 
42 USC 1862p–6. 
42 USC 1862p–5. 
42 USC 1862p–4. 
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124 STAT. 4012 
PUBLIC LAW 111–358—JAN. 4, 2011 
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 
42 USC 1862p–8. 
Payments. 
42 USC 1862p–7. 
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124 STAT. 4013 
PUBLIC LAW 111–358—JAN. 4, 2011 
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 
42 USC 1862p–9. 
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124 STAT. 4014 
PUBLIC LAW 111–358—JAN. 4, 2011 
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; 
Survey. 
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124 STAT. 4015 
PUBLIC LAW 111–358—JAN. 4, 2011 
(C) the number of programs or large collaborator 
awards involving a partnership of organizations and 
institutions from EPSCoR and non-EPSCoR States; and 
(3) an analysis of the gains in academic research quality 
and competitiveness, and in science and technology human 
resource development, achieved by the program in the last 
year. 
(f) NATIONAL ACADEMY OF SCIENCES STUDY.— 
(1) IN
GENERAL.—The Director shall contract with the 
National Academy of Sciences to conduct a study on all Federal 
agencies that administer an Experimental Program to Stimu-
late Competitive Research or a program similar to the Experi-
mental Program to Stimulate Competitive Research. 
(2) MATTERS
TO
BE
ADDRESSED.—The study conducted 
under paragraph (1) shall include the following: 
(A) A delineation of the policies of each Federal agency 
with respect to the awarding of grants to EPSCoR States. 
(B) The effectiveness of each program. 
(C) Recommendations for improvements for each 
agency to achieve EPSCoR goals. 
(D) An assessment of the effectiveness of EPSCoR 
States in using awards to develop science and engineering 
research and education, and science and engineering infra-
structure within their States. 
(E) Such other issues that address the effectiveness 
of EPSCoR as the National Academy of Sciences considers 
appropriate. 
SEC. 518. SENSE OF THE CONGRESS REGARDING THE SCIENCE, TECH-
NOLOGY, ENGINEERING, AND MATHEMATICS TALENT 
EXPANSION PROGRAM. 
It is the sense of the Congress that— 
(1) the Science, Technology, Engineering, and Mathematics 
Talent Expansion Program established by the National Science 
Foundation Authorization Act of 2002 continues to be an effec-
tive program to increase the number of students, who are 
citizens or permanent residents of the United States, receiving 
associate or baccalaureate degrees in established or emerging 
fields within science, technology, engineering, and mathematics, 
and its authorization continues; 
(2) the strategies employed continue to strengthen men-
toring and tutoring between faculty and students and provide 
students with information and exposure to potential career 
pathways in science, technology, engineering, and mathematics 
areas; 
(3) this highly competitive program awarded 145 Program 
implementation awards and 12 research projects in the first 
6 years of operations; and 
(4) the Science, Technology, Engineering, and Mathematics 
Talent Expansion Program should continue to be supported 
by the National Science Foundation. 
SEC. 519. SENSE OF THE CONGRESS REGARDING THE NATIONAL 
SCIENCE FOUNDATION’S CONTRIBUTIONS TO BASIC 
RESEARCH AND EDUCATION. 
(a) FINDINGS.—The Congress finds that— 
(1) the National Science Foundation is an independent 
Federal agency created by Congress in 1950 to, among other 
Contracts. 
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124 STAT. 4016 
PUBLIC LAW 111–358—JAN. 4, 2011 
things, promote the progress of science, to advance the national 
health, prosperity, and welfare, and to secure the national 
defense; 
(2) the Foundation is the funding source for approximately 
20 percent of all federally supported basic research conducted 
by America’s colleges and universities, and is the major source 
of Federal backing for mathematics, computer science and other 
sciences; 
(3) the America COMPETES Act of 2007 helped rejuvenate 
our focus on increasing basic research investment in the phys-
ical sciences, strengthening educational opportunities in the 
science, technology, engineering, and mathematics fields and 
developing a robust innovation infrastructure; and 
(4) reauthorization of the America COMPETES Act should 
continue a robust investment in basic research and education 
and preserve the essence of the original Act by increasing 
the investment focus on science, technology, engineering, and 
mathematics basic research and education as a national pri-
ority. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that— 
(1) the National Science Foundation is the finest scientific 
foundation in the world, and is a vital agency that must support 
basic research needed to advance the United States into the 
21st century; 
(2) the National Science Foundation should focus Federal 
research and development resources primarily in the areas 
of science, technology, engineering, and mathematics basic 
research and education; and 
(3) the National Science Foundation should strive to ensure 
that federally-supported research is of the finest quality, is 
ground breaking, and answers questions or solves problems 
that are of utmost importance to society at large. 
SEC. 520. ACADEMIC TECHNOLOGY TRANSFER AND COMMERCIALIZA-
TION OF UNIVERSITY RESEARCH. 
(a) IN GENERAL.—Any institution of higher education (as such 
term is defined in section 101(A) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a))) that receives National Science Founda-
tion research support and has received at least $25,000,000 in 
total Federal research grants in the most recent fiscal year shall 
keep, maintain, and report annually to the National Science 
Foundation the universal record locator for a public website that 
contains information concerning its general approach to and mecha-
nisms for transfer of technology and the commercialization of 
research results, including— 
(1) contact information for individuals and university offices 
responsible for technology transfer and commercialization; 
(2) information for both university researchers and industry 
on the institution’s technology licensing and commercialization 
strategies; 
(3) success stories, statistics, and examples of how the 
university supports commercialization of research results; 
(4) technologies available for licensing by the university 
where appropriate; and 
Reports. 
Deadline. 
Web site. 
42 USC 
1862p–10. 
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124 STAT. 4017 
PUBLIC LAW 111–358—JAN. 4, 2011 
(5) any other information deemed by the institution to 
be helpful to companies with the potential to commercialize 
university inventions. 
(b) NSF WEBSITE.—The National Science Foundation shall 
create and maintain a website accessible to the public that links 
to each website mentioned under (a). 
(c) TRADE SECRET INFORMATION.—Notwithstanding subsection 
(a), an institution shall not be required to reveal confidential, trade 
secret, or proprietary information on its website. 
SEC. 
521. 
STUDY 
TO 
DEVELOP 
IMPROVED 
IMPACT-ON-SOCIETY 
METRICS. 
(a) IN GENERAL.—Within 180 days after the date of enactment 
of this Act, the Director of the National Science Foundation shall 
contract with the National Academy of Sciences to initiate a study 
to evaluate, develop, or improve metrics for measuring the potential 
impact-on-society, including— 
(1) the potential for commercial applications of research 
studies funded in whole or in part by grants of financial assist-
ance from the Foundation or other Federal agencies; 
(2) the manner in which research conducted at, and individ-
uals graduating from, an institution of higher education con-
tribute to the development of new intellectual property and 
the success of commercial activities; 
(3) the quality of relevant scientific and international 
publications; and 
(4) the ability of such institutions to attract external 
research funding. 
(b) REPORT.—Within 1 year after initiating the study required 
by subsection (a), the Director shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Science and Technology 
setting forth the Director’s findings, conclusions, and recommenda-
tions. 
SEC. 522. NSF GRANTS IN SUPPORT OF SPONSORED POST-DOCTORAL 
FELLOWSHIP PROGRAMS. 
The Director of the National Science Foundation may utilize 
funds appropriated to carry out grants to institutions of higher 
education (as such term is defined in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a))) to provide financial 
support for post-graduate research in fields with potential commer-
cial applications to match, in whole or in part, any private sector 
grant of financial assistance to any post-doctoral program in such 
a field of study. 
SEC. 523. COLLABORATION IN PLANNING FOR STEWARDSHIP OF 
LARGE-SCALE FACILITIES. 
It is the sense of Congress that— 
(1) the Foundation should, in its planning for construction 
and stewardship of large facilities, coordinate and collaborate 
with other Federal agencies, including the Department of 
Energy’s Office of Science, to ensure that joint investments 
may be made when practicable; 
(2) in particular, the Foundation should ensure that it 
responds to recommendations by the National Academy of 
Sciences and working groups convened by the National Science 
42 USC 
1862p–11. 
Deadline. 
Contracts. 
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124 STAT. 4018 
PUBLIC LAW 111–358—JAN. 4, 2011 
and Technology Council regarding such facilities and opportuni-
ties for partnership with other agencies in the design and 
construction of such facilities; and 
(3) for facilities in which research in multiple disciplines 
will be possible, the Director should include multiple units 
within the Foundation during the planning process. 
SEC. 524. CLOUD COMPUTING RESEARCH ENHANCEMENT. 
(a) RESEARCH FOCUS AREA.—The Director may support a 
national research agenda in key areas affected by the increased 
use of public and private cloud computing, including— 
(1) new approaches, techniques, technologies, and tools 
for— 
(A) optimizing the effectiveness and efficiency of cloud 
computing environments; and 
(B) mitigating security, identity, privacy, reliability, 
and manageability risks in cloud-based environments, 
including as they differ from traditional data centers; 
(2) new algorithms and technologies to define, assess, and 
establish large-scale, trustworthy, cloud-based infrastructures; 
(3) models and advanced technologies to measure, assess, 
report, and understand the performance, reliability, energy 
consumption, and other characteristics of complex cloud 
environments; and 
(4) advanced security technologies to protect sensitive or 
proprietary information in global-scale cloud environments. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of enactment of this Act, the Director shall initiate a review 
and assessment of cloud computing research opportunities and 
challenges, including research areas listed in subsection (a), 
as well as related issues such as— 
(A) the management and assurance of data that are 
the subject of Federal laws and regulations in cloud com-
puting environments, which laws and regulations exist on 
the date of enactment of this Act; 
(B) misappropriation of cloud services, piracy through 
cloud technologies, and other threats to the integrity of 
cloud services; 
(C) areas of advanced technology needed to enable 
trusted communications, processing, and storage; and 
(D) other areas of focus determined appropriate by 
the Director. 
(2) UNSOLICITED
PROPOSALS.—The Director may accept 
unsolicited proposals that review and assess the issues 
described in paragraph (1). The proposals may be judged 
according to existing criteria of the National Science Founda-
tion. 
(c) REPORT.—The Director shall provide an annual report for 
not less than 5 consecutive years to Congress on the outcomes 
of National Science Foundation investments in cloud computing 
research, recommendations for research focus and program improve-
ments, or other related recommendations. The reports, including 
any interim findings or recommendations, shall be made publicly 
available on the website of the National Science Foundation. 
(d) NIST SUPPORT.—The Director of the National Institute of 
Standards and Technology shall— 
Web posting. 
42 USC 
1862p–12. 
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124 STAT. 4019 
PUBLIC LAW 111–358—JAN. 4, 2011 
(1) collaborate with industry in the development of stand-
ards supporting trusted cloud computing infrastructures, 
metrics, interoperability, and assurance; and 
(2) support standards development with the intent of sup-
porting common goals. 
SEC. 525. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. 
(a) IN GENERAL.—The Director shall continue to support a 
program to award grants on a competitive, merit-reviewed basis 
to tribal colleges and universities (as defined in section 316 of 
the Higher Education Act of 1965 (20 U.S.C. 1059c), including 
institutions described in section 317 of such Act (20 U.S.C. 1059d), 
to enhance the quality of undergraduate STEM education at such 
institutions and to increase the retention and graduation rates 
of Native American students pursuing associate’s or baccalaureate 
degrees in STEM. 
(b) PROGRAM COMPONENTS.—Grants awarded under this section 
shall support— 
(1) activities to improve courses and curriculum in STEM; 
(2) faculty development; 
(3) stipends for undergraduate students participating in 
research; and 
(4) other activities consistent with subsection (a), as deter-
mined by the Director. 
(c) INSTRUMENTATION.—Funding provided under this section 
may be used for laboratory equipment and materials. 
SEC. 526. BROADER IMPACTS REVIEW CRITERION. 
(a) GOALS.—The Foundation shall apply a Broader Impacts 
Review Criterion to achieve the following goals: 
(1) Increased economic competitiveness of the United 
States. 
(2) Development of a globally competitive STEM workforce. 
(3) Increased participation of women and underrepresented 
minorities in STEM. 
(4) Increased partnerships between academia and industry. 
(5) Improved pre-K–12 STEM education and teacher 
development. 
(6) Improved undergraduate STEM education. 
(7) Increased public scientific literacy. 
(8) Increased national security. 
(b) POLICY.—Not later than 6 months after the date of enact-
ment of this Act, the Director shall develop and implement a policy 
for the Broader Impacts Review Criterion that— 
(1) provides for educating professional staff at the Founda-
tion, merit review panels, and applicants for Foundation 
research grants on the policy developed under this subsection; 
(2) clarifies that the activities of grant recipients under-
taken to satisfy the Broader Impacts Review Criterion shall— 
(A) to the extent practicable employ proven strategies 
and models and draw on existing programs and activities; 
and 
(B) when novel approaches are justified, build on the 
most current research results; 
(3) allows for some portion of funds allocated to broader 
impacts under a research grant to be used for assessment 
and evaluation of the broader impacts activity; 
42 USC 
1862p–14. 
42 USC 
1862p–13. 
Grants. 
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124 STAT. 4020 
PUBLIC LAW 111–358—JAN. 4, 2011 
(4) encourages institutions of higher education and other 
nonprofit education or research organizations to develop and 
provide, either as individual institutions or in partnerships 
thereof, appropriate training and programs to assist Founda-
tion-funded principal investigators at their institutions in 
achieving the goals of the Broader Impacts Review Criterion 
as described in subsection (a); and 
(5) requires principal investigators applying for Foundation 
research grants to provide evidence of institutional support 
for the portion of the investigator’s proposal designed to satisfy 
the Broader Impacts Review Criterion, including evidence of 
relevant training, programs, and other institutional resources 
available to the investigator from either their home institution 
or organization or another institution or organization with rel-
evant expertise. 
SEC. 527. TWENTY-FIRST CENTURY GRADUATE EDUCATION. 
(a) IN GENERAL.—The Director shall award grants, on a 
competitive, merit-reviewed basis, to institutions of higher edu-
cation to implement or expand research-based reforms in master’s 
and doctoral level STEM education that emphasize preparation 
for diverse careers utilizing STEM degrees, including at diverse 
types of institutions of higher education, in industry, and at govern-
ment agencies and research laboratories. 
(b) USES OF FUNDS.—Activities supported by grants under this 
section may include— 
(1) creation of multidisciplinary or interdisciplinary courses 
or programs for the purpose of improved student instruction 
and research in STEM; 
(2) expansion of graduate STEM research opportunities 
to include interdisciplinary research opportunities and research 
opportunities in industry, at Federal laboratories, and at inter-
national research institutions or research sites; 
(3) development and implementation of future faculty 
training programs focused on improved instruction, mentoring, 
assessment of student learning, and support of undergraduate 
STEM students; 
(4) support and training for graduate students to partici-
pate in instructional activities beyond the traditional teaching 
assistantship, and especially as part of ongoing educational 
reform efforts, including at pre-K–12 schools, and primarily 
undergraduate institutions; 
(5) creation, improvement, or expansion of innovative grad-
uate programs such as science master’s degree programs; 
(6) development and implementation of seminars, work-
shops, and other professional development activities that 
increase the ability of graduate students to engage in innova-
tion, technology transfer, and entrepreneurship; 
(7) development and implementation of seminars, work-
shops, and other professional development activities that 
increase the ability of graduate students to effectively commu-
nicate their research findings to technical audiences outside 
of their own discipline and to nontechnical audiences; 
(8) expansion of successful STEM reform efforts beyond 
a single academic unit to other STEM academic units within 
an institution or to comparable academic units at other institu-
tions; and 
42 USC 
1862p–15. 
Grants. 
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124 STAT. 4021 
PUBLIC LAW 111–358—JAN. 4, 2011 
(9) research on teaching and learning of STEM at the 
graduate level related to the proposed reform effort, including 
assessment and evaluation of the proposed reform activities 
and research on scalability and sustainability of approaches 
to reform. 
(c) PARTNERSHIP.—An institution of higher education may 
partner with one or more other nonprofit education or research 
organizations, including scientific and engineering societies, for the 
purposes of carrying out the activities authorized under this section. 
(d) SELECTION PROCESS.— 
(1) APPLICATIONS.—An institution of higher education 
seeking a grant under this section shall submit an application 
to the Director at such time, in such manner, and containing 
such information as the Director may require. The application 
shall include, at a minimum— 
(A) a description of the proposed reform effort; 
(B) in the case of applications that propose an expan-
sion of a previously implemented reform effort at the 
applicant’s institution or at other institutions, a description 
of the previously implemented reform effort; 
(C) evidence of institutional support for, and commit-
ment to, the proposed reform effort, including long-term 
commitment to implement successful strategies from the 
current reform effort beyond the academic unit or units 
included in the grant proposal or to disseminate successful 
strategies to other institutions; and 
(D) a description of the plans for assessment and 
evaluation of the grant proposed reform activities. 
(2) REVIEW OF APPLICATIONS.—In selecting grant recipients 
under this section, the Director shall consider at a minimum— 
(A) the likelihood of success in undertaking the pro-
posed effort at the institution submitting the application, 
including the extent to which the faculty, staff, and 
administrators of the institution are committed to making 
the proposed institutional reform a priority of the partici-
pating academic unit or units; 
(B) the degree to which the proposed reform will con-
tribute to change in institutional culture and policy such 
that a greater value is placed on preparing graduate stu-
dents for diverse careers utilizing STEM degrees; 
(C) the likelihood that the institution will sustain or 
expand the reform beyond the period of the grant; and 
(D) the degree to which scholarly assessment and 
evaluation plans are included in the design of the reform 
effort. 
SUBTITLE B—STEM-TRAINING GRANT 
PROGRAM 
SEC. 551. PURPOSE. 
The purpose of this subtitle is to replicate and implement 
programs at institutions of higher education that provide integrated 
courses of study in science, technology, engineering, or mathematics, 
and teacher education, that lead to a baccalaureate degree in 
science, technology, engineering, or mathematics with concurrent 
teacher certification. 
20 USC 9901. 
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124 STAT. 4022 
PUBLIC LAW 111–358—JAN. 4, 2011 
SEC. 552. PROGRAM REQUIREMENTS. 
The Director shall replicate and implement undergraduate 
degree programs under this subtitle that— 
(1) are designed to recruit and prepare students who pursue 
a baccalaureate degree in science, technology, engineering, or 
mathematics to become certified as elementary and secondary 
teachers; 
(2) require the education department (or its equivalent) 
and the departments or division responsible for preparation 
of science, technology, engineering, and mathematics majors 
at an institution of higher education to collaborate in estab-
lishing and implementing the program at that institution; 
(3) require students participating in the program to enter 
the program through a field-based course and to continue to 
complete field-based courses supervised by master teachers 
throughout the program; 
(4) hire sufficient teachers so that the ratio of students 
to master teachers in the program does not exceed 100 to 
1; 
(5) include instruction in the use of scientifically-based 
instructional materials and methods, assessments, pedagogical 
content knowledge (including the interaction between mathe-
matics and science), the use of instructional technology, and 
how to incorporate State and local standards into the classroom 
curriculum; 
(6) restrict to students participating in the program those 
courses that are specifically designed for the needs of teachers 
of science, technology, engineering, and mathematics; and 
(7) require students participating in the program to success-
fully complete a final evaluation of their teaching proficiency, 
based on their classroom teaching performance, conducted by 
multiple trained observers, and a portfolio of their accomplish-
ments. 
SEC. 553. GRANT PROGRAM. 
(a) IN GENERAL.—The Director shall establish a grant program 
to support programs at institutions of higher education to carry 
out the purpose of this subtitle. 
(b) GEOGRAPHICAL CONSIDERATIONS.—In the administration of 
this subtitle, the Director shall take such steps as may be necessary 
to ensure that grants are equitably distributed across all regions 
of the United States, taking into account population density and 
other geographic and demographic considerations. 
(c) AMOUNT OF GRANT.—Subject to the requirements of sub-
section (d), the Director may award grants annually on a competi-
tive basis to institutions of higher education in the amount of 
$2,000,000, per institution of which— 
(1) $1,500,000 shall be used— 
(A) to design, implement, and evaluate a program that 
meets the requirements of section 552; 
(B) to employ master teachers at the institution to 
oversee field experiences; 
(C) to provide a stipend to mentor teachers partici-
pating in the program; and 
(D) 
to 
support 
curriculum 
development 
and 
implementation 
strategies 
for 
science, 
technology, 
20 USC 9903. 
20 USC 9902. 
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124 STAT. 4023 
PUBLIC LAW 111–358—JAN. 4, 2011 
engineering, and mathematics content courses taught 
through the program; and 
(2) up to $500,000 shall be set aside by the grantee for 
technical support and evaluation services from the institution 
whose programs will be replicated. 
(d) ELIGIBILITY.—To be eligible to apply for a grant under 
this section, an institution of higher education shall— 
(1) include former secondary school science, technology, 
engineering, or mathematics master teachers as faculty in its 
science department for this program; 
(2) 
grant 
terminal 
degrees 
in 
science, 
technology, 
engineering, and mathematics; and 
(3) have a process to be used in establishing partnerships 
with local educational agencies for placement of participating 
students in their field experiences, including a process for 
identifying mentor teachers working in local schools to super-
vise classroom field experiences in cooperation with university- 
based master teachers; 
(4) maintain policies allowing flexible entry to the program 
throughout the undergraduate coursework; 
(5) require that master teachers employed by the institution 
will supervise field experiences of students in the program; 
(6) require that the program complies with State certifi-
cation or licensing requirements and the requirements under 
section 9101(23) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801(23)) for highly qualified teachers; 
(7) develop during the course of the grant a plan for long- 
term support and assessment of its graduates, which shall 
include— 
(A) induction support for graduates in their first one 
to two years of teaching; 
(B) systems to determine the teaching status of grad-
uates and thereby determine retention rates; and 
(C) methods to analyze the achievement of students 
taught by graduates, and methods to analyze classroom 
practices of graduates; and 
(8) be able upon completion of the grant at the end of 
5 years to fund essential program costs, including salaries 
of master teachers and other necessary personnel, from recur-
ring university budgets. 
(e) APPLICATION REQUIREMENTS.—An institution of higher edu-
cation seeking a grant under the program shall submit an applica-
tion to the Director in such form, at such time, and containing 
such information and assurances as the Director may require, 
including— 
(1) a description of the current rate at which individuals 
majoring in science, technology, engineering, and mathematics 
become certified as elementary and secondary teachers; 
(2) a description for the institution’s plan for increasing 
the numbers of students enrolled in and graduating from the 
program supported under this subtitle; 
(3) a description of the institution’s capacity to develop 
a program in which individuals majoring in science, technology, 
engineering, 
and 
mathematics 
can 
become 
certified 
as 
elementary and secondary teachers; 
(4) identification of the organizational unit within the 
department or division of arts and sciences or the science 
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124 STAT. 4024 
PUBLIC LAW 111–358—JAN. 4, 2011 
department at the institution that will adopt teacher certifi-
cation for elementary and secondary teachers as its primary 
mission; 
(5) identification of core faculty within the department 
or division of arts and sciences or the science department 
at the institution to champion teacher preparation in their 
departments by teaching courses dedicated to preparing future 
elementary and secondary school teachers, helping create new 
degree plans, advising prospective students within their major, 
and assisting as needed with program administration; 
(6) identification of core faculty in the education depart-
ment or its equivalent at the institution to champion teacher 
preparation by creating and teaching courses specific to the 
preparation of science, technology, engineering, and mathe-
matics and working closely with colleagues in the department 
or division of arts and sciences or the science department; 
and 
(7) a description of involving practical, field-based experi-
ence in teaching and degree plans enabling students to graduate 
in 4 years with a major in science, technology, engineering, 
or mathematics and elementary or secondary school teacher 
certification. 
(f) MATCHING REQUIREMENT.—An institution of higher edu-
cation may not receive a grant under this section unless it provides, 
from non-federal sources, to carry out the activities supported by 
the grant, an amount that is not less than— 
(1) 35 percent of the amount of the grant for the first 
fiscal year of the grant; 
(2) 55 percent of the amount of the grant for the second 
and third fiscal years of the grant; and 
(3) 75 percent of the amount of the grant for the fourth 
and fifth fiscal years of the grant. 
(g) GUIDANCE.—Within 90 days after the date of enactment 
of this Act, the Director shall initiate a proceeding to promulgate 
guidance for the administration of the grant program established 
under subsection (a). 
SEC. 554. GRANT OVERSIGHT AND ADMINISTRATION. 
(a) IN GENERAL.—The Director may execute a contract for pro-
gram oversight and fiscal management with an organization at 
an institution of higher education, a non-profit organization, or 
other entity that demonstrates capacity for and experience in— 
(1) replicating 1 or more similar programs at regional or 
national levels; 
(2) providing programmatic and technical implementation 
assistance for the program; 
(3) performing data collection and analysis to ensure proper 
implementation and continuous program improvement; and 
(4) providing accountability for results by measuring and 
monitoring achievement of programmatic milestones. 
(b) OVERSIGHT RESPONSIBILITIES.— 
(1) MANDATORY DUTIES.—If the Director executes a contract 
under subsection (a) with an organization for program oversight 
and fiscal management, the organization shall— 
(A) ensure that a grant recipient faithfully replicates 
and implements the program or programs for which the 
grant is awarded; 
20 USC 9904. 
Deadline. 
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124 STAT. 4025 
PUBLIC LAW 111–358—JAN. 4, 2011 
(B) ensure that grant funds are used for the purposes 
authorized and that a grant recipient has a system in 
place to track and account for all Federal grant funds 
provided; 
(C) provide technical assistance to grant recipients; 
(D) collect and analyze data and report to the Director 
annually on the effects of the program on— 
(i) the progress of participating students in 
achieving teaching competence and teaching certifi-
cation; 
(ii) the participation of students in the program 
by major, compared with local and State needs on 
secondary teachers by discipline; and 
(iii) the participation of students in the program 
by demographic subgroup; 
(E) collect and analyze data and report to the Director 
annually on the effects of the program on the academic 
achievement of elementary and secondary school students 
taught by graduates of programs funded by grants under 
this subtitle; and 
(F) submit an annual report to the Director dem-
onstrating compliance with the requirements of subpara-
graphs (A) through (E). 
(2) DISCRETIONARY DUTIES.—At the request of the Director, 
the organization under contract under subsection (a) may assist 
the Director in evaluating grant applications. 
(c) REPORTS TO CONGRESS.—The Director shall submit a copy 
of the annual report required by subsection (b)(1)(F) to the Senate 
Committee on Commerce, Science, and Transportation, the Senate 
Committee on Health, Education, Labor, and Pensions, the House 
of Representatives Committee on Science and Technology, and the 
House of Representatives Committee on Education and Labor. 
SEC. 555. DEFINITIONS. 
In this subtitle: 
(1) FIELD-BASED COURSE.—The term ‘‘field-based course’’ 
means a course of instruction offered by an institution of higher 
education that includes a requirement that students teach a 
minimum of 3 lessons or sequences of lessons to elementary 
or secondary students. 
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given that term 
by section 101 of the Higher Education Act of 1965 (20 U.S.C. 
1001). 
(3) MASTER TEACHER.—The term ‘‘master teacher’’ means 
an individual— 
(A) who has been awarded a master’s or doctoral degree 
by an institution of higher education; 
(B) whose graduate coursework included courses in 
mathematics, science, computer science, or engineering; 
(C) who has at least 3 years teaching experience in 
K–12 settings; and 
(D) whose teaching has been recognized for exceptional 
accomplishments in educating students, or is demonstrated 
to have resulted in improved student achievement. 
(4) MENTOR TEACHER.—The term ‘‘mentor teacher’’ means 
an elementary or secondary school classroom teacher who 
20 USC 9905. 
Reports. 
Deadline. 
Reports. 
Deadline. 
Reports. 
Deadline. 
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124 STAT. 4026 
PUBLIC LAW 111–358—JAN. 4, 2011 
assists with the training of students participating in a field- 
based course. 
(5) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the National Science Foundation. 
SEC. 556. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Director to 
carry out this subtitle $10,000,000 for each of fiscal years 2011 
through 2013. 
TITLE VI—INNOVATION 
SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEURSHIP. 
The Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3701 et seq.), as amended by section 106 of this Act, is 
amended by adding at the end the following: 
‘‘SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP. 
‘‘(a) IN GENERAL.—The Secretary shall establish an Office of 
Innovation and Entrepreneurship to foster innovation and the 
commercialization of new technologies, products, processes, and 
services with the goal of promoting productivity and economic 
growth in the United States. 
‘‘(b) DUTIES.—The Office of Innovation and Entrepreneurship 
shall be responsible for— 
‘‘(1) developing policies to accelerate innovation and 
advance the commercialization of research and development, 
including federally funded research and development; 
‘‘(2) identifying existing barriers to innovation and commer-
cialization, including access to capital and other resources, and 
ways to overcome those barriers, particularly in States partici-
pating in the Experimental Program to Stimulate Competitive 
Research; 
‘‘(3) providing access to relevant data, research, and tech-
nical assistance on innovation and commercialization; 
‘‘(4) strengthening collaboration on and coordination of poli-
cies relating to innovation and commercialization, including 
those focused on the needs of small businesses and rural 
communities, within the Department of Commerce, between 
the Department of Commerce and other Federal agencies, and 
between the Department of Commerce and appropriate State 
government agencies and institutions, as appropriate; and 
‘‘(5) any other duties as determined by the Secretary. 
‘‘(c) ADVISORY COMMITTEE.—The Secretary shall establish an 
Advisory Council on Innovation and Entrepreneurship to provide 
advice to the Secretary on carrying out subsection (b).’’. 
SEC. 602. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECH-
NOLOGIES IN MANUFACTURING. 
The Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3701 et seq.), as amended by section 601, is further amended 
by adding at the end the following: 
‘‘SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECH-
NOLOGIES IN MANUFACTURING. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a program 
to provide loan guarantees for obligations to small- or medium- 
15 USC 3721. 
Establishment. 
15 USC 3720. 
20 USC 9906. 
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124 STAT. 4027 
PUBLIC LAW 111–358—JAN. 4, 2011 
sized manufacturers for the use or production of innovative tech-
nologies. 
‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee may be made under 
the program only for a project that re-equips, expands, or estab-
lishes a manufacturing facility in the United States— 
‘‘(1) to use an innovative technology or an innovative 
process in manufacturing; 
‘‘(2) to manufacture an innovative technology product or 
an integral component of such a product; or 
‘‘(3) to commercialize an innovative product, process, or 
idea that was developed by research funded in whole or in 
part by a grant from the Federal government. 
‘‘(c) ELIGIBLE BORROWER.—A loan guarantee may be made 
under the program only for a borrower who is a small- or medium- 
sized manufacturer, as determined by the Secretary under the 
criteria established pursuant to subsection (l). 
‘‘(d) LIMITATION
ON AMOUNT.—A loan guarantee shall not 
exceed an amount equal to 80 percent of the obligation, as estimated 
at the time at which the loan guarantee is issued. 
‘‘(e) LIMITATIONS
ON LOAN GUARANTEE.—No loan guarantee 
shall be made unless the Secretary determines that— 
‘‘(1) there is a reasonable prospect of repayment of the 
principal and interest on the obligation by the borrower; 
‘‘(2) the amount of the obligation (when combined with 
amounts available to the borrower from other sources) is suffi-
cient to carry out the project; 
‘‘(3) the obligation is not subordinate to other financing; 
‘‘(4) the obligation bears interest at a rate that does not 
exceed a level that the Secretary determines appropriate, taking 
into account the prevailing rate of interest in the private sector 
for similar loans and risks; and 
‘‘(5) the term of an obligation requires full repayment over 
a period not to exceed the lesser of— 
‘‘(A) 30 years; or 
‘‘(B) 90 percent of the projected useful life, as deter-
mined by the Secretary, of the physical asset to be financed 
by the obligation. 
‘‘(f) DEFAULTS.— 
‘‘(1) PAYMENT BY SECRETARY.— 
‘‘(A) IN GENERAL.—If a borrower defaults (as defined 
in regulations promulgated by the Secretary and specified 
in the loan guarantee) on the obligation, the holder of 
the loan guarantee shall have the right to demand payment 
of the unpaid amount from the Secretary. 
‘‘(B) PAYMENT REQUIRED.—Within such period as may 
be specified in the loan guarantee or related agreements, 
the Secretary shall pay to the holder of the loan guarantee 
the unpaid interest on and unpaid principal of the obliga-
tion as to which the borrower has defaulted, unless the 
Secretary finds that there was no default by the borrower 
in the payment of interest or principal or that the default 
has been remedied. 
‘‘(C) FORBEARANCE.—Nothing in this subsection pre-
cludes any forbearance by the holder of the obligation for 
the benefit of the borrower which may be agreed upon 
by the parties to the obligation and approved by the Sec-
retary. 
Determination. 
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124 STAT. 4028 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(2) SUBROGATION.— 
‘‘(A) IN GENERAL.—If the Secretary makes a payment 
under paragraph (1), the Secretary shall be subrogated 
to the rights, as specified in the loan guarantee, of the 
recipient of the payment or related agreements including, 
if appropriate, the authority (notwithstanding any other 
provision of law)— 
‘‘(i) to complete, maintain, operate, lease, or other-
wise dispose of any property acquired pursuant to such 
loan guarantee or related agreement; or 
‘‘(ii) to permit the borrower, pursuant to an agree-
ment with the Secretary, to continue to pursue the 
purposes of the project if the Secretary determines 
that such an agreement is in the public interest. 
‘‘(B) SUPERIORITY OF RIGHTS.—The rights of the Sec-
retary, with respect to any property acquired pursuant 
to a loan guarantee or related agreements, shall be superior 
to the rights of any other person with respect to the prop-
erty. 
‘‘(3) NOTIFICATION.—If the borrower defaults on an obliga-
tion, the Secretary shall notify the Attorney General of the 
default. 
‘‘(g) TERMS
AND CONDITIONS.—A loan guarantee under this 
section shall include such detailed terms and conditions as the 
Secretary determines appropriate— 
‘‘(1) to protect the interests of the United States in the 
case of default; and 
‘‘(2) to have available all the patents and technology nec-
essary for any person selected, including the Secretary, to com-
plete and operate the project. 
‘‘(h) CONSULTATION.—In establishing the terms and conditions 
of a loan guarantee under this section, the Secretary shall consult 
with the Secretary of the Treasury. 
‘‘(i) FEES.— 
‘‘(1) IN GENERAL.—The Secretary shall charge and collect 
fees for loan guarantees in amounts the Secretary determines 
are sufficient to cover applicable administrative expenses. 
‘‘(2) AVAILABILITY.—Fees collected under this subsection 
shall— 
‘‘(A) be deposited by the Secretary into the Treasury 
of the United States; and 
‘‘(B) remain available until expended, subject to such 
other conditions as are contained in annual appropriations 
Acts. 
‘‘(3) LIMITATION.—In charging and collecting fees under 
paragraph (1), the Secretary shall take into consideration the 
amount of the obligation. 
‘‘(j) RECORDS.— 
‘‘(1) IN GENERAL.—With respect to a loan guarantee under 
this section, the borrower, the lender, and any other appropriate 
party shall keep such records and other pertinent documents 
as the Secretary shall prescribe by regulation, including such 
records as the Secretary may require to facilitate an effective 
audit. 
‘‘(2) ACCESS.—The Secretary and the Comptroller General 
of the United States, or their duly authorized representatives, 
Regulations. 
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124 STAT. 4029 
PUBLIC LAW 111–358—JAN. 4, 2011 
shall have access to records and other pertinent documents 
for the purpose of conducting an audit. 
‘‘(k) FULL FAITH
AND CREDIT.—The full faith and credit of 
the United States is pledged to the payment of all loan guarantees 
issued under this section with respect to principal and interest. 
‘‘(l) REGULATIONS.—The Secretary shall issue final regulations 
before making any loan guarantees under the program. The regula-
tions shall include— 
‘‘(1) criteria that the Secretary shall use to determine eligi-
bility for loan guarantees under this section, including— 
‘‘(A) whether a borrower is a small- or medium-sized 
manufacturer; and 
‘‘(B) whether a borrower demonstrates that a market 
exists for the innovative technology product, or the integral 
component of such a product, to be manufactured, as evi-
denced by written statements of interest from potential 
purchasers; 
‘‘(2) criteria that the Secretary shall use to determine the 
amount of any fees charged under subsection (i), including 
criteria related to the amount of the obligation; 
‘‘(3) policies and procedures for selecting and monitoring 
lenders and loan performance; and 
‘‘(4) any other policies, procedures, or information necessary 
to implement this section. 
‘‘(m) AUDIT.— 
‘‘(1) ANNUAL INDEPENDENT AUDITS.—The Secretary shall 
enter into an arrangement with an independent auditor for 
annual evaluations of the program under this section. 
‘‘(2) COMPTROLLER
GENERAL
REVIEW.—The Comptroller 
General of the United States shall conduct a biennial review 
of the Secretary’s execution of the program under this section. 
‘‘(3) REPORT.—The results of the independent audit under 
paragraph (1) and the Comptroller General’s review under para-
graph (2) shall be provided directly to the Committee on Science 
and Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate. 
‘‘(n) REPORT TO CONGRESS.—Concurrent with the submission 
to Congress of the President’s annual budget request in each year 
after the date of enactment of the America COMPETES Reauthor-
ization Act of 2010, the Secretary shall transmit to the Committee 
on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the 
Senate a report containing a summary of all activities carried 
out under this section. 
‘‘(o) COORDINATION AND NONDUPLICATION.—To the maximum 
extent practicable, the Secretary shall ensure that the activities 
carried out under this section are coordinated with, and do not 
duplicate the efforts of, other loan guarantee programs within the 
Federal Government. 
‘‘(p) MEP CENTERS.—The Secretary may use centers established 
under section 25 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278k) to provide information about the pro-
gram established under this section and to conduct outreach to 
potential borrowers, as appropriate. 
‘‘(q) MINIMIZING RISK.—The Secretary shall promulgate regula-
tions and policies to carry out this section in accordance with 
Office of Management and Budget Circular No. A–129, entitled 
Regulations. 
Contracts. 
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124 STAT. 4030 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘Policies for Federal Credit Programs and Non-Tax Receivables’, 
as in effect on the date of enactment of the America COMPETES 
Reauthorization Act of 2010. 
‘‘(r) SENSE OF CONGRESS.—It is the sense of Congress that 
no loan guarantee shall be made under this section unless the 
borrower agrees to use a federally-approved electronic employment 
eligibility verification system to verify the employment eligibility 
of— 
‘‘(1) all persons hired during the contract term by the 
borrower to perform employment duties within the United 
States; and 
‘‘(2) all persons assigned by the borrower to perform work 
within the United States on the project. 
‘‘(s) DEFINITIONS.—In this section: 
‘‘(1) COST.—The term ‘cost’ has the meaning given such 
term under section 502 of the Federal Credit Reform Act of 
1990 (2 U.S.C. 661a). 
‘‘(2) INNOVATIVE PROCESS.—The term ‘innovative process’ 
means a process that is significantly improved as compared 
to the process in general use in the commercial marketplace 
in the United States at the time the loan guarantee is issued. 
‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘innovative tech-
nology’ means a technology that is significantly improved as 
compared to the technology in general use in the commercial 
marketplace in the United States at the time the loan guarantee 
is issued. 
‘‘(4) LOAN GUARANTEE.—The term ‘loan guarantee’ has the 
meaning given such term in section 502 of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan 
guarantee commitment (as defined in section 502 of such Act 
(2 U.S.C. 661a)). 
‘‘(5) OBLIGATION.—The term ‘obligation’ means the loan 
or other debt obligation that is guaranteed under this section. 
‘‘(6) PROGRAM.—The term ‘program’ means the loan guar-
antee program established in subsection (a). 
‘‘(t) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $20,000,000 for each of fiscal years 2011 through 
2013 to provide the cost of loan guarantees under this section.’’. 
SEC. 603. REGIONAL INNOVATION PROGRAM. 
The Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3701 et seq.), as amended by section 602, is further amended 
by adding at the end thereof the following: 
‘‘SEC. 27. REGIONAL INNOVATION PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a regional 
innovation program to encourage and support the development of 
regional innovation strategies, including regional innovation clus-
ters and science and research parks. 
‘(b) CLUSTER GRANTS.— 
‘‘(1) IN GENERAL.—As part of the program established under 
subsection (a), the Secretary may award grants on a competitive 
basis to eligible recipients for activities relating to the formation 
and development of regional innovation clusters. 
‘‘(2) PERMISSIBLE ACTIVITIES.—Grants awarded under this 
subsection may be used for activities determined appropriate 
by the Secretary, including the following: 
‘‘(A) Feasibility studies. 
15 USC 3722. 
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124 STAT. 4031 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(B) Planning activities. 
‘‘(C) Technical assistance. 
‘‘(D) Developing or strengthening communication and 
collaboration between and among participants of a regional 
innovation cluster. 
‘‘(E) Attracting additional participants to a regional 
innovation cluster. 
‘‘(F) Facilitating market development of products and 
services developed by a regional innovation cluster, 
including through demonstration, deployment, technology 
transfer, and commercialization activities. 
‘‘(G) Developing relationships between a regional 
innovation cluster and entities or clusters in other regions. 
‘‘(H) Interacting with the public and State and local 
governments to meet the goals of the cluster. 
‘‘(3) ELIGIBLE RECIPIENT DEFINED.—In this subsection, the 
term ‘eligible recipient’ means— 
‘‘(A) a State; 
‘‘(B) an Indian tribe; 
‘‘(C) a city or other political subdivision of a State; 
‘‘(D) an entity that— 
‘‘(i) is a nonprofit organization, an institution of 
higher education, a public-private partnership, a 
science or research park, a Federal laboratory, or an 
economic development organization or similar entity; 
and 
‘‘(ii) has an application that is supported by a 
State or a political subdivision of a State; or 
‘‘(E) a consortium of any of the entities described in 
subparagraphs (A) through (D). 
‘‘(4) APPLICATION.— 
‘‘(A) IN GENERAL.—An eligible recipient shall submit 
an application to the Secretary at such time, in such 
manner, and containing such information and assurances 
as the Secretary may require. 
‘‘(B) COMPONENTS.—The application shall include, at 
a minimum, a description of the regional innovation cluster 
supported by the proposed activity, including a description 
of— 
‘‘(i) whether the regional innovation cluster is sup-
ported by the private sector, State and local govern-
ments, and other relevant stakeholders; 
‘‘(ii) how the existing participants in the regional 
innovation cluster will encourage and solicit participa-
tion by all types of entities that might benefit from 
participation, including newly formed entities and 
those rival existing participants; 
‘‘(iii) the extent to which the regional innovation 
cluster is likely to stimulate innovation and have a 
positive impact on regional economic growth and 
development; 
‘‘(iv) whether the participants in the regional 
innovation cluster have access to, or contribute to, 
a well-trained workforce; 
‘‘(v) whether the participants in the regional 
innovation cluster are capable of attracting additional 
funds from non-Federal sources; and 
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124 STAT. 4032 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(vi) the likelihood that the participants in the 
regional innovation cluster will be able to sustain 
activities once grant funds under this subsection have 
been expended. 
‘‘(C) SPECIAL CONSIDERATION.—The Secretary shall give 
special consideration to applications from regions that con-
tain communities negatively impacted by trade. 
‘‘(5) SPECIAL CONSIDERATION.—The Secretary shall give spe-
cial consideration to an eligible recipient who agrees to collabo-
rate with local workforce investment area boards. 
‘‘(6) COST SHARE.—The Secretary may not provide more 
than 50 percent of the total cost of any activity funded under 
this subsection. 
‘‘(7) USE AND APPLICATION OF RESEARCH AND INFORMATION 
PROGRAM.—To the maximum extent practicable, the Secretary 
shall ensure that activities funded under this subsection use 
and apply any relevant research, best practices, and metrics 
developed under the program established in subsection (c). 
‘‘(c) SCIENCE AND RESEARCH PARK DEVELOPMENT GRANTS.— 
‘‘(1) IN GENERAL.—As part of the program established under 
subsection (a), the Secretary may award grants for the develop-
ment of feasibility studies and plans for the construction of 
new science parks or the renovation or expansion of existing 
science parks. 
‘‘(2) LIMITATION ON AMOUNT OF GRANTS.—The amount of 
a grant awarded under this subsection may not exceed 
$750,000. 
‘‘(3) AWARD.— 
‘‘(A) COMPETITION
REQUIRED.—The Secretary shall 
award grants under this subsection pursuant to a full 
and open competition. 
‘‘(B) 
GEOGRAPHIC
DISPERSION.—In 
conducting 
a 
competitive process, the Secretary shall consider the need 
to avoid undue geographic concentration among any one 
category of States based on their predominant rural or 
urban character as indicated by population density. 
‘‘(C) SELECTION CRITERIA.—The Secretary shall publish 
the criteria to be utilized in any competition for the selec-
tion of recipients of grants under this subsection, which 
shall include requirements relating to the— 
‘‘(i) effect the science park will have on regional 
economic growth and development; 
‘‘(ii) number of jobs to be created at the science 
park and the surrounding regional community each 
year during its first 3 years; 
‘‘(iii) funding to be required to construct, renovate 
or expand the science park during its first 3 years; 
‘‘(iv) amount and type of financing and access to 
capital available to the applicant; 
‘‘(v) types of businesses and research entities 
expected in the science park and surrounding regional 
community; 
‘‘(vi) letters of intent by businesses and research 
entities to locate in the science park; 
‘‘(vii) capability to attract a well trained workforce 
to the science park; 
Publication. 
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124 STAT. 4033 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(viii) the management of the science park during 
its first 5 years; 
‘‘(ix) expected financial risks in the construction 
and operation of the science park and the risk mitiga-
tion strategy; 
‘‘(x) physical infrastructure available to the science 
park, including roads, utilities, and telecommuni-
cations; 
‘‘(xi) utilization of energy-efficient building tech-
nology including nationally recognized green building 
design practices, renewable energy, cogeneration, and 
other methods that increase energy efficiency and con-
servation; 
‘‘(xii) consideration to the transformation of mili-
tary bases affected by the base realignment and closure 
process or the redevelopment of existing buildings, 
structures, or brownfield sites that are abandoned, 
idled, or underused into single or multiple building 
facilities for science and technology companies and 
institutions; 
‘‘(xiii) ability to collaborate with other science 
parks throughout the world; 
‘‘(xiv) consideration of sustainable development 
practices and the quality of life at the science park; 
and 
‘‘(xv) other such criteria as the Secretary shall 
prescribe. 
‘‘(4) ALLOCATION
CONSTRAINTS.—The Secretary may not 
allocate less than one-third of the total grant funding allocated 
under this section for any fiscal year to grants under subsection 
(b) or this subsection without written notification to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committees on Science and Tech-
nology and on Energy and Commerce. 
‘‘(d) LOAN GUARANTEES FOR SCIENCE PARK INFRASTRUCTURE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
may guarantee up to 80 percent of the loan amount for projects 
for the construction or expansion, including renovation and 
modernization, of science park infrastructure. 
‘‘(2) LIMITATIONS ON GUARANTEE AMOUNTS.—The maximum 
amount of loan principal guaranteed under this subsection may 
not exceed— 
‘‘(A) $50,000,000 with respect to any single project; 
and 
‘‘(B) $300,000,000 with respect to all projects. 
‘‘(3) SELECTION OF GUARANTEE RECIPIENTS.—The Secretary 
shall select recipients of loan guarantees under this subsection 
based upon the ability of the recipient to collateralize the 
loan amount through bonds, equity, property, and such other 
things of values as the Secretary shall deem necessary. Recipi-
ents of grants under subsection (c) are not eligible for a loan 
guarantee during the period of the grant. To the extent that 
the Secretary determines it to be feasible, the Secretary may 
select recipients of guarantee assistance in accord with a 
competitive process that takes into account the factors set 
out in subsection (c)(3)(C) of this section. 
Notification. 
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124 STAT. 4034 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(4) TERMS AND CONDITIONS FOR LOAN GUARANTEES.—The 
loans guaranteed under this subsection shall be subject to 
such terms and conditions as the Secretary may prescribe, 
except that— 
‘‘(A) the final maturity of such loans made or guaran-
teed may not exceed the lesser of— 
‘‘(i) 30 years; or 
‘‘(ii) 90 percent of the useful life of any physical 
asset to be financed by the loan; 
‘‘(B) a loan guaranteed under this subsection may not 
be subordinated to another debt contracted by the borrower 
or to any other claims against the borrowers in the case 
of default; 
‘‘(C) a loan may not be guaranteed under this sub-
section unless the Secretary determines that the lender 
is responsible and that provision is made for servicing 
the loan on reasonable terms and in a manner that ade-
quately protects the financial interest of the United States; 
‘‘(D) a loan may not be guaranteed under this sub-
section if— 
‘‘(i) the income from the loan is excluded from 
gross income for purposes of chapter 1 of the Internal 
Revenue Code of 1986; or 
‘‘(ii) the guarantee provides significant collateral 
or security, as determined by the Secretary in coordina-
tion with the Secretary of the Treasury, for other 
obligations the income from which is so excluded; 
‘‘(E) any guarantee provided under this subsection shall 
be conclusive evidence that— 
‘‘(i) the guarantee has been properly obtained; 
‘‘(ii) the underlying loan qualified for the guar-
antee; and 
‘‘(iii) absent fraud or material misrepresentation 
by the holder, the guarantee is presumed to be valid, 
legal, and enforceable; 
‘‘(F) the Secretary may not extend credit assistance 
unless the Secretary has determined that there is a reason-
able assurance of repayment; and 
‘‘(G) new loan guarantees may not be committed except 
to the extent that appropriations of budget authority to 
cover their costs are made in advance, as required under 
section 504 of the Federal Credit Reform Act of 1990 (2 
U.S.C. 661c). 
‘‘(5) PAYMENT OF LOSSES.— 
‘‘(A) IN GENERAL.—If, as a result of a default by a 
borrower under a loan guaranteed under this subsection, 
after the holder has made such further collection efforts 
and instituted such enforcement proceedings as the Sec-
retary may require, the Secretary determines that the 
holder has suffered a loss, the Secretary shall pay to the 
holder the percentage of the loss specified in the guarantee 
contract. Upon making any such payment, the Secretary 
shall be subrogated to all the rights of the recipient of 
the payment. The Secretary shall be entitled to recover 
from the borrower the amount of any payments made 
pursuant to any guarantee entered into under this section. 
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124 STAT. 4035 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(B) ENFORCEMENT OF RIGHTS.—The Attorney General 
shall take such action as may be appropriate to enforce 
any right accruing to the United States as a result of 
the issuance of any guarantee under this section. 
‘‘(C) FORBEARANCE.—Nothing in this section may be 
construed to preclude any forbearance for the benefit of 
the borrower which may be agreed upon by the parties 
to the guaranteed loan and approved by the Secretary, 
if budget authority for any resulting subsidy costs (as 
defined in section 502(5) of the Federal Credit Reform 
Act of 1990) is available. 
‘‘(6) EVALUATION OF CREDIT RISK.— 
‘‘(A) The Secretary shall periodically assess the credit 
risk of new and existing direct loans or guaranteed loans. 
‘‘(B) Not later than 2 years after the date of the enact-
ment of the America COMPETES Reauthorization Act of 
2010, the Comptroller General of the United States shall— 
‘‘(i) conduct a review of the subsidy estimates for 
the loan guarantees under this section; and 
‘‘(ii) submit to Congress a report on the review 
conducted under this paragraph. 
‘‘(7) TERMINATION.—A loan may not be guaranteed under 
this section after September 30, 2013. 
‘‘(8) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated $7,000,000 for each of fiscal 
years 2011 through 2013 for the cost (as defined in section 
502(5) of the Federal Credit Reform Act of 1990) of guaranteeing 
$300,000,000 in loans under this section, such sums to remain 
available until expended. 
‘‘(e) REGIONAL INNOVATION RESEARCH AND INFORMATION PRO-
GRAM.— 
‘‘(1) IN GENERAL.—As part of the program established under 
subsection (a), the Secretary shall establish a regional innova-
tion research and information program— 
‘‘(A) to gather, analyze, and disseminate information 
on best practices for regional innovation strategies 
(including regional innovation clusters), including informa-
tion relating to how innovation, productivity, and economic 
development can be maximized through such strategies; 
‘‘(B) to provide technical assistance, including through 
the development of technical assistance guides, for the 
development and implementation of regional innovation 
strategies (including regional innovation clusters); 
‘‘(C) to support the development of relevant metrics 
and measurement standards to evaluate regional innova-
tion strategies (including regional innovation clusters), 
including the extent to which such strategies stimulate 
innovation, productivity, and economic development; and 
‘‘(D) to collect and make available data on regional 
innovation cluster activity in the United States, including 
data on— 
‘‘(i) the size, specialization, and competitiveness 
of regional innovation clusters; 
‘‘(ii) the regional domestic product contribution, 
total jobs and earnings by key occupations, establish-
ment size, nature of specialization, patents, Federal 
Reports. 
Deadline. 
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124 STAT. 4036 
PUBLIC LAW 111–358—JAN. 4, 2011 
research and development spending, and other relevant 
information for regional innovation clusters; and 
‘‘(iii) supply chain product and service flows within 
and between regional innovation clusters. 
‘‘(2) 
RESEARCH
GRANTS.—The 
Secretary 
may 
award 
research grants on a competitive basis to support and further 
the goals of the program established under this subsection. 
‘‘(3) DISSEMINATION OF INFORMATION.—Data and analysis 
compiled by the Secretary under the program established in 
this subsection shall be made available to other Federal agen-
cies, State and local governments, and nonprofit and for-profit 
entities. 
‘‘(4) REGIONAL
INNOVATION
GRANT
PROGRAM.—The Sec-
retary shall incorporate data and analysis relating to any grant 
under subsection (b) or (c) and any loan guarantee under sub-
section (d) into the program established under this subsection. 
‘‘(f) INTERAGENCY COORDINATION.— 
‘‘(1) IN GENERAL.—To the maximum extent practicable, the 
Secretary shall ensure that the activities carried out under 
this section are coordinated with, and do not duplicate the 
efforts of, other programs at the Department of Commerce 
or other Federal agencies. 
‘‘(2) COLLABORATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall explore and 
pursue collaboration with other Federal agencies, including 
through multiagency funding opportunities, on regional 
innovation strategies. 
‘‘(B) SMALL BUSINESSES.—The Secretary shall ensure 
that such collaboration with Federal agencies prioritizes 
the needs and challenges of small businesses. 
‘‘(g) EVALUATION.— 
‘‘(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of the America COMPETES Reauthorization Act 
of 2010, the Secretary shall enter into a contract with an 
independent entity, such as the National Academy of Sciences, 
to conduct an evaluation of the program established under 
subsection (a). 
‘‘(2) REQUIREMENTS.—The evaluation shall include— 
‘‘(A) whether the program is achieving its goals; 
‘‘(B) any recommendations for how the program may 
be improved; and 
‘‘(C) a recommendation as to whether the program 
should be continued or terminated. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) REGIONAL INNOVATION CLUSTER.—The term ‘regional 
innovation cluster’ means a geographically bounded network 
of similar, synergistic, or complementary entities that— 
‘‘(A) are engaged in or with a particular industry sector; 
‘‘(B) have active channels for business transactions 
and communication; 
‘‘(C) share specialized infrastructure, labor markets, 
and services; and 
‘‘(D) leverage the region’s unique competitive strengths 
to stimulate innovation and create jobs. 
‘‘(2) SCIENCE PARK.—The term ‘Science park’ means a prop-
erty-based venture, which has— 
Deadline. 
Contracts. 
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124 STAT. 4037 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(A) master-planned property and buildings designed 
primarily for private-public research and development 
activities, high technology and science-based companies, 
and research and development support services; 
‘‘(B) a contractual or operational relationship with one 
or more science- or research-related institution of higher 
education or governmental or non-profit research labora-
tories; 
‘‘(C) a primary mission to promote research and 
development through industry partnerships, assisting in 
the growth of new ventures and promoting innovation- 
driven economic development; 
‘‘(D) a role in facilitating the transfer of technology 
and business skills between researchers and industry 
teams; and 
‘‘(E) a role in promoting technology-led economic 
development for the community or region in which the 
science park is located.A science park may be owned by 
a governmental or not-for-profit entity, but it may enter 
into partnerships or joint ventures with for-profit entities 
for development or management of specific components 
of the park. 
‘‘(3) 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. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—Except as provided 
in subsection (d)(8), there are authorized to be appropriated 
$100,000,000 for each of fiscal years 2011 through 2013 to carry 
out this section (other than for loan guarantees under subsection 
(d)).’’. 
SEC. 604. STUDY ON ECONOMIC COMPETITIVENESS AND INNOVATIVE 
CAPACITY OF UNITED STATES AND DEVELOPMENT OF 
NATIONAL ECONOMIC COMPETITIVENESS STRATEGY. 
(a) STUDY.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Commerce shall 
complete a comprehensive study of the economic competitive-
ness and innovative capacity of the United States. 
(2) MATTERS COVERED.—The study required by paragraph 
(1) shall include the following: 
(A) An analysis of the United States economy and 
innovation infrastructure. 
(B) An assessment of the following: 
(i) 
The 
current 
competitive 
and 
innovation 
performance of the United States economy relative to 
other countries that compete economically with the 
United States. 
(ii) Economic competitiveness and domestic innova-
tion in the current business climate, including tax and 
Federal regulatory policy. 
(iii) The business climate of the United States 
and those of other countries that compete economically 
with the United States. 
Deadline. 
15 USC 3701 
note. 
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124 STAT. 4038 
PUBLIC LAW 111–358—JAN. 4, 2011 
(iv) Regional issues that influence the economic 
competitiveness and innovation capacity of the United 
States, including— 
(I) the roles of State and local governments 
and institutions of higher education; and 
(II) regional factors that contribute positively 
to innovation. 
(v) The effectiveness of the Federal Government 
in supporting and promoting economic competitiveness 
and innovation, including any duplicative efforts of, 
or gaps in coverage between, Federal agencies and 
departments. 
(vi) Barriers to competitiveness in newly emerging 
business or technology sectors, factors influencing 
underperforming economic sectors, unique issues facing 
small and medium enterprises, and barriers to the 
development and evolution of start-ups, firms, and 
industries. 
(vii) The effects of domestic and international trade 
policy on the competitiveness of the United States and 
the United States economy. 
(viii) United States export promotion and export 
finance programs relative to export promotion and 
export finance programs of other countries that com-
pete economically with the United States, including 
Canada, France, Germany, Italy, Japan, Korea, and 
the United Kingdom, with noting of export promotion 
and export finance programs carried out by such coun-
tries that are not analogous to any programs carried 
out by the United States. 
(ix) The effectiveness of current policies and pro-
grams affecting exports, including an assessment of 
Federal trade restrictions and State and Federal export 
promotion activities. 
(x) The effectiveness of the Federal Government 
and Federally funded research and development cen-
ters in supporting and promoting technology commer-
cialization and technology transfer. 
(xi) Domestic and international intellectual prop-
erty policies and practices. 
(xii) Manufacturing capacity, logistics, and supply 
chain dynamics of major export sectors, including 
access to a skilled workforce, physical infrastructure, 
and broadband network infrastructure. 
(xiii) Federal and State policies relating to science, 
technology, and education and other relevant Federal 
and State policies designed to promote commercial 
innovation, including immigration policies. 
(C) Development of recommendations on the following: 
(i) How the United States should invest in human 
capital. 
(ii) How the United States should facilitate 
entrepreneurship and innovation. 
(iii) How best to develop opportunities for locally 
and regionally driven innovation by providing Federal 
support. 
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124 STAT. 4039 
PUBLIC LAW 111–358—JAN. 4, 2011 
(iv) How best to strengthen the economic infra-
structure and industrial base of the United States. 
(v) How to improve the international competitive-
ness of the United States. 
(3) CONSULTATION.— 
(A) IN GENERAL.—The study required by paragraph 
(1) shall be conducted in consultation with the National 
Economic Council of the Office of Policy Development, such 
Federal agencies as the Secretary considers appropriate, 
and the Innovation Advisory Board established under 
subparagraph (B). The Secretary shall also establish a 
process for obtaining comments from the public. 
(B) INNOVATION ADVISORY BOARD.— 
(i) IN GENERAL.—The Secretary shall establish an 
Innovation Advisory Board for purposes of obtaining 
advice with respect to the conduct of the study required 
by paragraph (1). 
(ii) COMPOSITION.—The Advisory Board established 
under clause (i) shall be comprised of 15 members, 
appointed by the Secretary— 
(I) who shall represent all major industry sec-
tors; 
(II) a majority of whom should be from private 
industry, including large and small firms, rep-
resenting advanced technology sectors and more 
traditional sectors that use technology; and 
(III) who may include economic or innovation 
policy experts, State and local government officials 
active in technology-based economic development, 
and representatives from higher education. 
(iii) EXEMPTION FROM FACA.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
advisory board established under clause (i). 
(b) STRATEGY.— 
(1) IN GENERAL.—Not later than 1 year after the completion 
of the study required by subsection (a), the Secretary shall 
develop, based on the study required by subsection (a)(1), a 
national 10-year strategy to strengthen the innovative and 
competitive capacity of the Federal Government, State and 
local governments, United States institutions of higher edu-
cation, and the private sector of the United States. 
(2) ELEMENTS.—The strategy required by paragraph (1) 
shall include the following: 
(A) Actions to be taken by individual Federal agencies 
and departments to improve competitiveness. 
(B) Proposed legislative actions for consideration by 
Congress. 
(C) Annual goals and milestones for the 10-year period 
of the strategy. 
(D) A plan for monitoring the progress of the Federal 
Government with respect to improving conditions for 
innovation and the competitiveness of the United States. 
(c) REPORT.— 
(1) IN
GENERAL.—Upon the completion of the strategy 
required by subsection (b), the Secretary of Commerce shall 
submit to Congress and the President a report on the study 
Deadline. 
Establishment. 
Comment period. 
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124 STAT. 4040 
PUBLIC LAW 111–358—JAN. 4, 2011 
conducted under subsection (a) and the strategy developed 
under subsection (b). 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) The findings of the Secretary with respect to the 
study conducted under subsection (a). 
(B) The strategy required by subsection (b). 
SEC. 605. PROMOTING USE OF HIGH-END COMPUTING SIMULATION 
AND MODELING BY SMALL- AND MEDIUM-SIZED MANU-
FACTURERS. 
(a) FINDINGS.—Congress finds that— 
(1) the utilization of high-end computing simulation and 
modeling by large-scale government contractors and Federal 
research entities has resulted in substantial improvements in 
the development of advanced manufacturing technologies; and 
(2) such simulation and modeling would also benefit small- 
and medium-sized manufacturers in the United States if such 
manufacturers were to deploy such simulation and modeling 
throughout their manufacturing chains. 
(b) POLICY.—It is the policy of the United States to take all 
effective measures practicable to ensure that Federal programs 
and policies encourage and contribute to the use of high-end com-
puting simulation and modeling in the United States manufacturing 
sector. 
(c) STUDY.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Commerce, in 
consultation with the Secretary of Energy and the Director 
of the Office of Science and Technology Policy, shall carry 
out, through an interagency consulting process, a study of the 
barriers to the use of high-end computing simulation and mod-
eling by small- and medium-sized manufacturers in the United 
States. 
(2) FACTORS.—In carrying out the study required by para-
graph (1), the Secretary of Commerce, in consultation with 
the Secretary of Energy and the Director of the Office of Science 
and Technology Policy, shall consider the following: 
(A) The access of small- and medium-sized manufactur-
ers in the United States to high-performance computing 
facilities and resources. 
(B) The availability of software and other applications 
tailored to meet the needs of such manufacturers. 
(C) Whether such manufacturers employ or have access 
to individuals with appropriate expertise for the use of 
such facilities and resources. 
(D) Whether such manufacturers have access to 
training to develop such expertise. 
(E) The availability of tools and other methods to such 
manufacturers to understand and manage the costs and 
risks associated with transitioning to the use of such facili-
ties and resources. 
(3) REPORT.—Not later than 270 days after the commence-
ment of the study required by paragraph (1), the Secretary 
of Commerce shall, in consultation with the Secretary of Energy 
and the Director of the Office of Science and Technology Policy, 
submit to Congress a report on such study. Such report shall 
Deadline. 
15 USC 3701 
note. 
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124 STAT. 4041 
PUBLIC LAW 111–358—JAN. 4, 2011 
include such recommendations for such legislative or adminis-
trative action as the Secretary of Commerce considers appro-
priate in light of the study to increase the utilization of high- 
end computing simulation and modeling by small- and medium- 
sized manufacturers in the United States. 
(d) AUTHORIZATION OF DEMONSTRATION AND PILOT PROGRAMS.— 
As part of the study required by subsection (c)(1), the Secretary 
of Commerce, the Secretary of Energy, and the Director of the 
Office of Science and Technology Policy may carry out such dem-
onstration or pilot programs as either Secretary or the Director 
considers appropriate to gather experiential data to evaluate the 
feasibility and advisability of a specific program or policy initiative 
to reduce barriers to the utilization of high-end computer modeling 
and simulation by small- and medium-sized manufacturers in the 
United States. 
TITLE VII—NIST GREEN JOBS 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘NIST Grants for Energy Effi-
ciency, New Job Opportunities, and Business Solutions Act of 2010’’ 
or the ‘‘NIST GREEN JOBS Act of 2010’’. 
SEC. 702. FINDINGS. 
Congress finds the following: 
(1) Over its 20-year existence, the Hollings Manufacturing 
Extension Partnership has proven its value to manufacturers 
as demonstrated by the resulting impact on jobs and the econo-
mies of all 50 States and the Nation as a whole. 
(2) The Hollings Manufacturing Extension Partnership has 
helped thousands of companies reinvest in themselves through 
process improvement and business growth initiatives leading 
to more sales, new markets, and the adoption of technology 
to deliver new products and services. 
(3) Manufacturing is an increasingly important part of 
the construction sector as the industry moves to the use of 
more components and factory built sub-assemblies. 
(4) Construction practices must become more efficient and 
precise if the United States is to construct and renovate its 
building stock to reduce related carbon emissions to levels 
that are consistent with combating global warming. 
(5) Many companies involved in construction are small, 
without access to innovative manufacturing techniques, and 
could benefit from the type of training and business analysis 
activities that the Hollings Manufacturing Extension Partner-
ship routinely provides to the Nation’s manufacturers and their 
supply chains. 
(6) Broadening the competitiveness grant program under 
section 25(f) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278k(f)) could help develop and diffuse 
knowledge necessary to capture a large portion of the estimated 
$100 billion or more in energy savings if buildings in the 
United States met the level and quality of energy efficiency 
now found in buildings in certain other countries. 
15 USC 278k 
note. 
NIST Grants 
for Energy 
Efficiency, 
New Job 
Opportunities, 
and Business 
Solutions Act 
of 2010. 
15 USC 271 note. 
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124 STAT. 4042 
PUBLIC LAW 111–358—JAN. 4, 2011 
(7) It is therefore in the national interest to expand the 
capabilities of the Hollings Manufacturing Extension Partner-
ship to be supportive of the construction and green energy 
industries. 
SEC. 703. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
COMPETITIVE GRANT PROGRAM. 
(a) IN GENERAL.—Section 25(f)(3) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended— 
(1) by striking ‘‘to develop’’ in the first sentence and 
inserting ‘‘to add capabilities to the MEP program, including 
the development of’’; and 
(2) by striking the last sentence and inserting ‘‘Centers 
may be reimbursed for costs incurred under the program. These 
themes— 
‘‘(A) shall be related to projects designed to increase 
the viability both of traditional manufacturing sectors and 
other sectors, such as construction, that increasingly rely 
on manufacturing through the use of manufactured compo-
nents and manufacturing techniques, including supply 
chain integration and quality management; 
‘‘(B) shall be related to projects related to the transfer 
of technology based on the technological needs of manufac-
turers and available technologies from institutions of higher 
education, laboratories, and other technology producing 
entities; and 
‘‘(C) may extend beyond these traditional areas to 
include projects related to construction industry moderniza-
tion.’’. 
(b) SELECTION.—Section 25(f)(5) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278k(f)(5)) is amended 
to read as follows: 
‘‘(5) SELECTION.— 
‘‘(A) IN GENERAL.—Awards under this section shall be 
peer reviewed and competitively awarded. The Director 
shall endeavor to select at least one proposal in each of 
the 9 statistical divisions of the United States (as des-
ignated by the Bureau of the Census). The Director shall 
select proposals to receive awards that will— 
‘‘(i) create jobs or train newly hired employees; 
‘‘(ii) promote technology transfer and commer-
cialization of environmentally focused materials, prod-
ucts, and processes; 
‘‘(iii) increase energy efficiency; and 
‘‘(iv) improve the competitiveness of industries in 
the region in which the Center or Centers are located. 
‘‘(B) ADDITIONAL
SELECTION
CRITERIA.—The Director 
may select proposals to receive awards that will— 
‘‘(i) encourage greater cooperation and foster part-
nerships in the region with similar Federal, State, 
and locally funded programs to encourage energy effi-
ciency and building technology; and 
‘‘(ii) collect data and analyze the increasing connection 
between manufactured products and manufacturing tech-
niques, the future of construction practices, and the 
emerging application of products from the green energy 
industries.’’. 
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124 STAT. 4043 
PUBLIC LAW 111–358—JAN. 4, 2011 
(c) OTHER
MODIFICATIONS.—Section 25(f) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k(f)) is 
amended— 
(1) by adding at the end the following: 
‘‘(7) DURATION.—Awards under this section shall last no 
longer than 3 years. 
‘‘(8) ELIGIBLE PARTICIPANTS.—In addition to manufacturing 
firms eligible to participate in the Centers program, awards 
under this subsection may be used by the Centers to assist 
small- or medium-sized construction firms. Centers may be 
reimbursed under the program for working with such eligible 
participants. 
‘‘(9) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to 
any amounts otherwise authorized or appropriated to carry 
out this section, there are authorized to be appropriated to 
the Secretary of Commerce $7,000,000 for each of the fiscal 
years 2011 through 2013 to carry out this subsection.’’. 
TITLE VIII—GENERAL PROVISIONS 
SEC. 801. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW. 
Not later than May 31, 2013, the Comptroller General of the 
United States shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Rep-
resentatives Committee on Science and Technology that evaluates 
the status of the programs authorized in this Act, including the 
extent to which such programs have been funded, implemented, 
and are contributing to achieving the goals of the Act. 
SEC. 802. SALARY RESTRICTIONS. 
(a) OBSCENE MATTER
ON FEDERAL PROPERTY.—None of the 
funds authorized under this Act may be used to pay the salary 
of any individual who is convicted of violating section 1460 of 
title 18, United States Code. 
(b) USE OF FEDERAL COMPUTERS FOR CHILD PORNOGRAPHY OR 
EXPLOITATION OF MINORS.—None of the funds authorized under 
this Act may be used to pay the salary of any individual who 
is convicted of a violation of section 2252 of title 18, United States 
Code. 
SEC. 803. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC. 
Title I of the Communications Act of 1934 (47 U.S.C. 151 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 12. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC. 
‘‘In order to carry out the purposes of this Act, the Commission 
may— 
‘‘(1) undertake research and development work in connec-
tion with any matter in relation to which the Commission 
has jurisdiction; and 
‘‘(2) promote the carrying out of such research and develop-
ment by others, or otherwise to arrange for such research 
and development to be carried out by others.’’. 
47 USC 162. 
Deadline. 
Reports. 
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124 STAT. 4044 
PUBLIC LAW 111–358—JAN. 4, 2011 
TITLE IX—DEPARTMENT OF ENERGY 
SEC. 901. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION 
PROGRAMS. 
(a) IN GENERAL.—Sections 3171, 3175, and 3191 of the Depart-
ment of Energy Science Education Enhancement Act (42 U.S.C. 
7381h, 7381j, 7381p) are repealed. 
(b) 
AUTHORIZATION
OF
APPROPRIATIONS
FOR
SUMMER 
INSTITUTES.—Section 3185(f) of the Department of Energy Science 
Education Enhancement Act (42 U.S.C. 7381n(f)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) $25,000,000 for each of fiscal years 2011 through 
2013.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Subpart B of the Department of Energy Science Edu-
cation Enhancement Act (42 U.S.C. 7381g et seq.) is amended 
by striking chapters 1, 2, and 5 (42 U.S.C. 7381h, 7381j, 7381p). 
(2) Section 3195 of the Department of Energy Science Edu-
cation Enhancement Act (42 U.S.C. 7381r) is amended by 
striking ‘‘chapters 1, 3, and 4’’ each place it appears and 
inserting ‘‘chapters 3 and 4’’. 
SEC. 902. ENERGY RESEARCH PROGRAMS. 
(a) NUCLEAR SCIENCE TALENT PROGRAM.—Section 5004(f) of 
the America COMPETES Act (42 U.S.C. 16532(f)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(D) $9,800,000 for fiscal year 2011; 
‘‘(E) $10,100,000 for fiscal year 2012; and 
‘‘(F) $10,400,000 for fiscal year 2013.’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (B), by striking ‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(D) $8,240,000 for fiscal year 2011; 
‘‘(E) $8,500,000 for fiscal year 2012; and 
‘‘(F) $8,750,000 for fiscal year 2013.’’. 
(b) HYDROCARBON SYSTEMS SCIENCE TALENT PROGRAM.—Sec-
tion 5005 of the America COMPETES Act (42 U.S.C. 16533) is 
amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (H), by striking ‘‘and’’ at the end; 
(B) in subparagraph (I), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(J) hydrocarbon spill response and remediation.’’; and 
(2) in subsection (f)(1)— 
(A) in subparagraph (B), by striking ‘‘and’’; 
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124 STAT. 4045 
PUBLIC LAW 111–358—JAN. 4, 2011 
(B) in subparagraph (C), by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(D) $9,800,000 for fiscal year 2011; 
‘‘(E) $10,000,000 for fiscal year 2012; and 
‘‘(F) $10,400,000 for fiscal year 2013.’’. 
(c) EARLY CAREER AWARDS.—Section 5006(h) of the America 
COMPETES Act (42 U.S.C. 16534(h)) is amended by striking ‘‘2010’’ 
and inserting ‘‘2013’’. 
(d) PROTECTING AMERICA’S COMPETITIVE EDGE (PACE) GRAD-
UATE FELLOWSHIP PROGRAM.—Section 5009(f) of the America COM-
PETES Act (42 U.S.C. 16536(f)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(4) $20,600,000 for fiscal year 2011; 
‘‘(5) $21,200,000 for fiscal year 2012; and 
‘‘(6) $21,900,000 for fiscal year 2013.’’. 
(e) DISTINGUISHED SCIENTIST PROGRAM.—Section 5011(j) of the 
America COMPETES Act (42 U.S.C. 16537(j)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(4) $31,000,000 for fiscal year 2011; 
‘‘(5) $32,000,000 for fiscal year 2012; and 
‘‘(6) $33,000,000 for fiscal year 2013.’’. 
SEC. 903. BASIC RESEARCH. 
Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 
16311(b)) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the end; 
(2) in paragraph (4), by striking the period at the end 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) $5,247,000,000 for fiscal year 2011; 
‘‘(6) $5,614,000,000 for fiscal year 2012; and 
‘‘(7) $6,007,000,000 for fiscal year 2013.’’. 
SEC. 904. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY. 
Section 5012 of the America COMPETES Act (42 U.S.C. 16538) 
is amended— 
(1) in subsection (a)(3), by striking ‘‘subsection (m)(1)’’ and 
inserting ‘‘subsection (n)(1)’’; 
(2) in subsection (c)(2)(A), by inserting ‘‘and applied’’ after 
‘‘advances in fundamental’’; 
(3) in subsection (e)— 
(A) in paragraph (3)— 
(i) by striking subparagraph (C) and inserting the 
following: 
‘‘(C) research and development of advanced manufac-
turing process and technologies for the domestic manufac-
turing of novel energy technologies; and’’; and 
(ii) in subparagraph (D), by striking ‘‘and’’ after 
the semicolon at the end; 
(B) in paragraph (4), by striking the period at the 
end and inserting ‘‘; and’’; and 
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124 STAT. 4046 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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: 
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124 STAT. 4047 
PUBLIC LAW 111–358—JAN. 4, 2011 
‘‘(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.’’; 
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124 STAT. 4048 
PUBLIC LAW 111–358—JAN. 4, 2011 
(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: 
20 USC 
9851–9854. 
20 USC 
9861–9864. 
20 USC 
9881, 9882. 
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124 STAT. 4049 
PUBLIC LAW 111–358—JAN. 4, 2011 
LEGISLATIVE HISTORY—H.R. 5116: 
HOUSE REPORTS: No. 111–478, Pt. 1 (Comm. on Science and Technology). 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
May 12, 13, 28, considered and passed House. 
Dec. 17, considered and passed Senate, amended. 
Dec. 21, House concurred in Senate amendment. 
‘‘(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.’’. 
Approved January 4, 2011. 
20 USC 9871. 
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