[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5116 Engrossed in House (EH)]
111th CONGRESS
2d Session
H. R. 5116
_______________________________________________________________________
AN ACT
To invest in innovation through research and development, to improve
the competitiveness of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America COMPETES
Reauthorization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SCIENCE AND TECHNOLOGY POLICY
Subtitle A--National Nanotechnology Initiative Amendments
Sec. 101. Short title.
Sec. 102. National nanotechnology program amendments.
Sec. 103. Societal dimensions of nanotechnology.
Sec. 104. Technology transfer.
Sec. 105. Research in areas of national importance.
Sec. 106. Nanomanufacturing research.
Sec. 107. Definitions.
Subtitle B--Networking and Information Technology Research and
Development
Sec. 111. Short title.
Sec. 112. Program planning and coordination.
Sec. 113. Large-scale research in areas of national importance.
Sec. 114. Cyber-physical systems and information management.
Sec. 115. National Coordination Office.
Sec. 116. Improving networking and information technology education.
Sec. 117. Conforming and technical amendments.
Subtitle C--Other OSTP Provisions
Sec. 121. Federal scientific collections.
Sec. 122. Coordination of manufacturing research and development.
Sec. 123. Interagency public access committee.
Sec. 124. Fulfilling the potential of women in academic science and
engineering.
Sec. 125. National Competitiveness and Innovation Strategy.
TITLE II--NATIONAL SCIENCE FOUNDATION
Sec. 201. Short title.
Subtitle A--General Provisions
Sec. 211. Definitions.
Sec. 212. Authorization of appropriations.
Sec. 213. National Science Board administrative amendments.
Sec. 214. Broader impacts review criterion.
Sec. 215. National Center for Science and Engineering Statistics.
Sec. 216. Collection of data on demographics of faculty.
Subtitle B--Research and Innovation
Sec. 221. Support for potentially transformative research.
Sec. 222. Facilitating interdisciplinary collaborations for national
needs.
Sec. 223. National Science Foundation manufacturing research and
education.
Sec. 224. Strengthening institutional research partnerships.
Sec. 225. National Science Board report on mid-scale instrumentation.
Sec. 226. Sense of Congress on overall support for research
infrastructure at the Foundation.
Sec. 227. Partnerships for innovation.
Sec. 228. Prize awards.
Sec. 229. Collaboration in planning for stewardship of large-scale
facilities.
Sec. 230. Green chemistry basic research.
Subtitle C--STEM Education and Workforce Training
Sec. 241. Graduate student support.
Sec. 242. Postdoctoral fellowship in STEM education research.
Sec. 243. Robert Noyce teacher scholarship program.
Sec. 244. Institutions serving persons with disabilities.
Sec. 245. Institutional integration.
Sec. 246. Postdoctoral research fellowships.
Sec. 247. Broadening participation training and outreach.
Sec. 248. Transforming undergraduate education in STEM.
Sec. 249. Twenty-first century graduate education.
Sec. 250. Undergraduate broadening participation program.
Sec. 251. Grand challenges in education research.
Sec. 252. Research experiences for undergraduates.
Sec. 253. Laboratory science pilot program.
Sec. 254. STEM industry internship programs.
Sec. 255. Tribal colleges and universities program.
Sec. 256. Cyber-enabled learning for national challenges.
Sec. 257. Sense of Congress.
TITLE III--STEM EDUCATION
Sec. 301. Coordination of Federal STEM education.
Sec. 302. Advisory committee on STEM education.
Sec. 303. STEM education at the Department of Energy.
Sec. 304. Green energy education.
Sec. 305. Sense of Congress.
Sec. 306. Sense of Congress.
Sec. 307. National Academy of Sciences report on strengthening the
capacity of 2-year institutions of higher
education to provide STEM opportunities.
Sec. 308. Encouraging Federal scientists and engineers to participate
in STEM education.
TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 401. Short title.
Sec. 402. Authorization of appropriations.
Sec. 403. Under Secretary of Commerce for Standards and Technology.
Sec. 404. Reorganization of NIST laboratories.
Sec. 405. Federal Government standards and conformity assessment
coordination.
Sec. 406. Manufacturing extension partnership.
Sec. 407. Emergency communication and tracking technologies research
initiative.
Sec. 408. TIP Advisory Board.
Sec. 409. Underrepresented minorities.
Sec. 410. Cyber security standards and guidelines.
Sec. 411. Nanomaterial initiative.
Sec. 412. Disaster resilient buildings and infrastructure.
Sec. 413. Report on the use of modeling and simulation.
Sec. 414. Green manufacturing and construction.
Sec. 415. Manufacturing research.
Sec. 416. Definitions.
TITLE V--INNOVATION
Sec. 501. Office of Innovation and Entrepreneurship.
Sec. 502. Federal loan guarantees for innovative technologies in
manufacturing.
Sec. 503. Regional innovation program.
Sec. 504. Clean Energy Consortium.
TITLE VI--DEPARTMENT OF ENERGY
Subtitle A--Office of Science
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Mission of the Office of Science.
Sec. 604. Basic Energy Sciences Program.
Sec. 605. Biological and Environmental Research Program.
Sec. 606. Advanced Scientific Computing Research Program.
Sec. 607. Fusion energy research program.
Sec. 608. High Energy Physics Program.
Sec. 609. Nuclear Physics Program.
Sec. 610. Science Laboratories Infrastructure Program.
Sec. 611. Authorization of appropriations.
Subtitle B--Advanced Research Projects Agency-Energy
Sec. 621. Short title.
Sec. 622. ARPA-E amendments.
Subtitle C--Energy Innovation Hubs
Sec. 631. Short title.
Sec. 632. Energy Innovation Hubs.
Subtitle D--Cooperative Research and Development Fund
Sec. 641. Short title.
Sec. 642. Cooperative research and development fund.
Subtitle E--Technology Transfer Database
Sec. 651. Technology transfer database.
TITLE VII--MISCELLANEOUS
Sec. 701. Sense of Congress.
Sec. 702. Persons with disabilities.
Sec. 703. Veterans and service members.
Sec. 704. Budgetary effects.
Sec. 705. Limitation.
Sec. 706. Prohibition on lobbying.
Sec. 707. Information requests by labor organizations.
Sec. 708. Limitation.
Sec. 709. No salaries for viewing pornography.
Sec. 710. Ineligibility for awards or grants.
TITLE I--SCIENCE AND TECHNOLOGY POLICY
Subtitle A--National Nanotechnology Initiative Amendments
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``National Nanotechnology
Initiative Amendments Act of 2010''.
SEC. 102. NATIONAL NANOTECHNOLOGY PROGRAM AMENDMENTS.
The 21st Century Nanotechnology Research and Development Act (15
U.S.C. 7501 et seq.) is amended--
(1) by striking section 2(c)(4) and inserting the following
new paragraph:
``(4) develop, within 12 months after the date of enactment
of the National Nanotechnology Initiative Amendments Act of
2010, and update every 3 years thereafter, a strategic plan to
guide the activities described under subsection (b) that
specifies near-term and long-term objectives for the Program,
the anticipated time frame for achieving the near-term
objectives, and the metrics to be used for assessing progress
toward the objectives, and that describes--
``(A) how the Program will move results out of the
laboratory and into applications for the benefit of
society, including through cooperation and
collaborations with nanotechnology research,
development, and technology transition initiatives
supported by the States;
``(B) how the Program will encourage and support
interdisciplinary research and development in
nanotechnology; and
``(C) proposed research in areas of national
importance in accordance with the requirements of
section 105 of the National Nanotechnology Initiative
Amendments Act of 2010;'';
(2) in section 2--
(A) in subsection (d)--
(i) by redesignating paragraphs (1) through
(5) as paragraphs (2) through (6),
respectively; and
(ii) by inserting the following new
paragraph before paragraph (2), as so
redesignated by clause (i) of this
subparagraph:
``(1) the Program budget, for the previous fiscal year, for
each agency that participates in the Program, including a
breakout of spending for the development and acquisition of
research facilities and instrumentation, for each program
component area, and for all activities pursuant to subsection
(b)(10);''; and
(B) by inserting at the end the following new
subsection:
``(e) Standards Setting.--The agencies participating in the Program
shall support the activities of committees involved in the development
of standards for nanotechnology and may reimburse the travel costs of
scientists and engineers who participate in activities of such
committees.'';
(3) by striking section 3(b) and inserting the following
new subsection:
``(b) Funding.--(1) The operation of the National Nanotechnology
Coordination Office shall be supported by funds from each agency
participating in the Program. The portion of such Office's total budget
provided by each agency for each fiscal year shall be in the same
proportion as the agency's share of the total budget for the Program
for the previous fiscal year, as specified in the report required under
section 2(d)(1).
``(2) The annual report under section 2(d) shall include--
``(A) a description of the funding required by the National
Nanotechnology Coordination Office to perform the functions
specified under subsection (a) for the next fiscal year by
category of activity, including the funding required to carry
out the requirements of section 2(b)(10)(D), subsection (d) of
this section, and section 5;
``(B) a description of the funding required by such Office
to perform the functions specified under subsection (a) for the
current fiscal year by category of activity, including the
funding required to carry out the requirements of subsection
(d); and
``(C) the amount of funding provided for such Office for
the current fiscal year by each agency participating in the
Program.'';
(4) by inserting at the end of section 3 the following new
subsection:
``(d) Public Information.--(1) The National Nanotechnology
Coordination Office shall develop and maintain a database accessible by
the public of projects funded under the Environmental, Health, and
Safety, the Education and Societal Dimensions, and the
Nanomanufacturing program component areas, or any successor program
component areas, including a description of each project, its source of
funding by agency, and its funding history. For the Environmental,
Health, and Safety program component area, or any successor program
component area, projects shall be grouped by major objective as defined
by the research plan required under section 103(b) of the National
Nanotechnology Initiative Amendments Act of 2010. For the Education and
Societal Dimensions program component area, or any successor program
component area, the projects shall be grouped in subcategories of--
``(A) education in formal settings;
``(B) education in informal settings;
``(C) public outreach; and
``(D) ethical, legal, and other societal issues.
``(2) The National Nanotechnology Coordination Office shall
develop, maintain, and publicize information on nanotechnology
facilities supported under the Program, and may include information on
nanotechnology facilities supported by the States, that are accessible
for use by individuals from academic institutions and from industry.
The information shall include at a minimum the terms and conditions for
the use of each facility, a description of the capabilities of the
instruments and equipment available for use at the facility, and a
description of the technical support available to assist users of the
facility.'';
(5) in section 4(a)--
(A) by striking ``or designate'';
(B) by inserting ``as a distinct entity'' after
``Advisory Panel''; and
(C) by inserting at the end ``The Advisory Panel
shall form a subpanel with membership having specific
qualifications tailored to enable it to carry out the
requirements of subsection (c)(7).'';
(6) in section 4(b)--
(A) by striking ``or designated'' and ``or
designating''; and
(B) by adding at the end the following: ``At least
one member of the Advisory Panel shall be an individual
employed by and representing a minority-serving
institution.'';
(7) by amending section 5 to read as follows:
``SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE NATIONAL NANOTECHNOLOGY
PROGRAM.
``(a) In General.--The Director of the National Nanotechnology
Coordination Office shall enter into an arrangement with the National
Research Council of the National Academy of Sciences to conduct a
triennial review of the Program. The Director shall ensure that the
arrangement with the National Research Council is concluded in order to
allow sufficient time for the reporting requirements of subsection (b)
to be satisfied. Each triennial review shall include an evaluation of
the--
``(1) research priorities and technical content of the
Program, including whether the allocation of funding among
program component areas, as designated according to section
2(c)(2), is appropriate;
``(2) effectiveness of the Program's management and
coordination across agencies and disciplines, including an
assessment of the effectiveness of the National Nanotechnology
Coordination Office;
``(3) Program's scientific and technological
accomplishments and its success in transferring technology to
the private sector; and
``(4) adequacy of the Program's activities addressing
ethical, legal, environmental, and other appropriate societal
concerns, including human health concerns.
``(b) Evaluation To Be Transmitted to Congress.--The National
Research Council shall document the results of each triennial review
carried out in accordance with subsection (a) in a report that includes
any recommendations for ways to improve the Program's management and
coordination processes and for changes to the Program's objectives,
funding priorities, and technical content. Each report shall be
submitted to the Director of the National Nanotechnology Coordination
Office, who shall transmit it to the Advisory Panel, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee
on Science and Technology of the House of Representatives not later
than September 30 of every third year, with the first report due
September 30, 2010.
``(c) Funding.--Of the amounts provided in accordance with section
3(b)(1), the following amounts shall be available to carry out this
section:
``(1) $500,000 for fiscal year 2010.
``(2) $500,000 for fiscal year 2011.
``(3) $500,000 for fiscal year 2012.''; and
(8) in section 10--
(A) by amending paragraph (2) to read as follows:
``(2) Nanotechnology.--The term `nanotechnology' means the
science and technology that will enable one to understand,
measure, manipulate, and manufacture at the nanoscale, aimed at
creating materials, devices, and systems with fundamentally new
properties or functions.''; and
(B) by adding at the end the following new
paragraph:
``(7) Nanoscale.--The term `nanoscale' means one or more
dimensions of between approximately 1 and 100 nanometers.''.
SEC. 103. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY.
(a) Coordinator for Societal Dimensions of Nanotechnology.--The
Director of the Office of Science and Technology Policy shall designate
an associate director of the Office of Science and Technology Policy as
the Coordinator for Societal Dimensions of Nanotechnology. The
Coordinator shall be responsible for oversight of the coordination,
planning, and budget prioritization of activities required by section
2(b)(10) of the 21st Century Nanotechnology Research and Development
Act (15 U.S.C. 7501(b)(10)). The Coordinator shall, with the assistance
of appropriate senior officials of the agencies funding activities
within the Environmental, Health, and Safety and the Education and
Societal Dimensions program component areas of the Program, or any
successor program component areas, ensure that the requirements of such
section 2(b)(10) are satisfied. The responsibilities of the Coordinator
shall include--
(1) ensuring that a research plan for the environmental,
health, and safety research activities required under
subsection (b) is developed, updated, and implemented and that
the plan is responsive to the recommendations of the subpanel
of the Advisory Panel established under section 4(a) of the
21st Century Nanotechnology Research and Development Act (15
U.S.C. 7503(a)), as amended by this subtitle;
(2) encouraging and monitoring the efforts of the agencies
participating in the Program to allocate the level of resources
and management attention necessary to ensure that the ethical,
legal, environmental, and other appropriate societal concerns
related to nanotechnology, including human health concerns, are
addressed under the Program, including the implementation of
the research plan described in subsection (b); and
(3) encouraging the agencies required to develop the
research plan under subsection (b) to identify, assess, and
implement suitable mechanisms for the establishment of public-
private partnerships for support of environmental, health, and
safety research.
(b) Research Plan.--
(1) In general.--The Coordinator for Societal Dimensions of
Nanotechnology shall convene and chair a panel comprised of
representatives from the agencies funding research activities
under the Environmental, Health, and Safety program component
area of the Program, or any successor program component area,
and from such other agencies as the Coordinator considers
necessary to develop, periodically update, and coordinate the
implementation of a research plan for this program component
area. In developing and updating the plan, the panel convened
by the Coordinator shall solicit and be responsive to
recommendations and advice from--
(A) the subpanel of the Advisory Panel established
under section 4(a) of the 21st Century Nanotechnology
Research and Development Act (15 U.S.C. 7503(a)), as
amended by this subtitle; and
(B) the agencies responsible for environmental,
health, and safety regulations associated with the
production, use, and disposal of nanoscale materials
and products.
(2) Development of standards.--The plan required under
paragraph (1) shall include a description of how the Program
will help to ensure the development of--
(A) standards related to nomenclature associated
with engineered nanoscale materials;
(B) engineered nanoscale standard reference
materials for environmental, health, and safety
testing; and
(C) standards related to methods and procedures for
detecting, measuring, monitoring, sampling, and testing
engineered nanoscale materials for environmental,
health, and safety impacts.
(3) Components of plan.--The plan required under paragraph
(1) shall, with respect to activities described in paragraphs
(1) and (2)--
(A) specify near-term research objectives and long-
term research objectives;
(B) specify milestones associated with each near-
term objective and the estimated time and resources
required to reach each milestone;
(C) with respect to subparagraphs (A) and (B),
describe the role of each agency carrying out or
sponsoring research in order to meet the objectives
specified under subparagraph (A) and to achieve the
milestones specified under subparagraph (B);
(D) specify the funding allocated to each major
objective of the plan and the source of funding by
agency for the current fiscal year; and
(E) estimate the funding required for each major
objective of the plan and the source of funding by
agency for the following 3 fiscal years.
(4) Transmittal to congress.--The plan required under
paragraph (1) shall be submitted not later than 60 days after
the date of enactment of this Act to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science and Technology of the House of Representatives.
(5) Updating and appending to report.--The plan required
under paragraph (1) shall be updated annually and appended to
the report required under section 2(d) of the 21st Century
Nanotechnology Research and Development Act (15 U.S.C.
7501(d)).
(c) Nanotechnology Partnerships.--
(1) Establishment.--As part of the program authorized by
section 9 of the National Science Foundation Authorization Act
of 2002, the Director of the National Science Foundation shall
provide 1 or more grants to establish partnerships as defined
by subsection (a)(2) of that section, except that each such
partnership shall include 1 or more businesses engaged in the
production of nanoscale materials, products, or devices.
Partnerships established in accordance with this subsection
shall be designated as ``Nanotechnology Education
Partnerships''.
(2) Purpose.--Nanotechnology Education Partnerships shall
be designed to recruit and help prepare secondary school
students to pursue postsecondary level courses of instruction
in nanotechnology. At a minimum, grants shall be used to
support--
(A) professional development activities to enable
secondary school teachers to use curricular materials
incorporating nanotechnology and to inform teachers
about career possibilities for students in
nanotechnology;
(B) enrichment programs for students, including
access to nanotechnology facilities and equipment at
partner institutions, to increase their understanding
of nanoscale science and technology and to inform them
about career possibilities in nanotechnology as
scientists, engineers, and technicians; and
(C) identification of appropriate nanotechnology
educational materials and incorporation of
nanotechnology into the curriculum for secondary school
students at one or more organizations participating in
a Partnership.
(3) Selection.--Grants under this subsection shall be
awarded in accordance with subsection (b) of such section 9,
except that paragraph (3)(B) of that subsection shall not
apply.
(d) Undergraduate Education Programs.--
(1) Activities supported.--As part of the activities
included under the Education and Societal Dimensions program
component area, or any successor program component area, the
Program shall support efforts to introduce nanoscale science,
engineering, and technology into undergraduate science and
engineering education through a variety of interdisciplinary
approaches. Activities supported may include--
(A) development of courses of instruction or
modules to existing courses;
(B) faculty professional development; and
(C) acquisition of equipment and instrumentation
suitable for undergraduate education and research in
nanotechnology.
(2) Course, curriculum, and laboratory improvement
authorization.--There are authorized to be appropriated to the
Director of the National Science Foundation to carry out
activities described in paragraph (1) through the Course,
Curriculum, and Laboratory Improvement program from amounts
authorized under section 7002(c)(2)(B) of the America COMPETES
Act, $5,000,000 for fiscal year 2010.
(3) Advanced technology education authorization.--There are
authorized to be appropriated to the Director of the National
Science Foundation to carry out activities described in
paragraph (1) through the Advanced Technology Education program
from amounts authorized under section 7002(c)(2)(B) of the
America COMPETES Act, $5,000,000 for fiscal year 2010.
(e) Interagency Working Group.--The National Science and Technology
Council shall establish under the Nanoscale Science, Engineering, and
Technology Subcommittee an Education Working Group to coordinate,
prioritize, and plan the educational activities supported under the
Program.
(f) Societal Dimensions in Nanotechnology Education Activities.--
Activities supported under the Education and Societal Dimensions
program component area, or any successor program component area, that
involve informal, precollege, or undergraduate nanotechnology education
shall include education regarding the environmental, health and safety,
and other societal aspects of nanotechnology.
(g) Remote Access to Nanotechnology Facilities.--(1) Agencies
supporting nanotechnology research facilities as part of the Program
shall require the entities that operate such facilities to allow access
via the Internet, and support the costs associated with the provision
of such access, by secondary school students and teachers, to
instruments and equipment within such facilities for educational
purposes. The agencies may waive this requirement for cases when
particular facilities would be inappropriate for educational purposes
or the costs for providing such access would be prohibitive.
(2) The agencies identified in paragraph (1) shall require the
entities that operate such nanotechnology research facilities to
establish and publish procedures, guidelines, and conditions for the
submission and approval of applications for the use of the facilities
for the purpose identified in paragraph (1) and shall authorize
personnel who operate the facilities to provide necessary technical
support to students and teachers.
SEC. 104. TECHNOLOGY TRANSFER.
(a) Prototyping.--
(1) Access to facilities.--In accordance with section
2(b)(7) of 21st Century Nanotechnology Research and Development
Act (15 U.S.C. 7501(b)(7)), the agencies supporting
nanotechnology research facilities as part of the Program shall
provide access to such facilities to companies for the purpose
of assisting the companies in the development of prototypes of
nanoscale products, devices, or processes (or products,
devices, or processes enabled by nanotechnology) for
determining proof of concept. The agencies shall publicize the
availability of these facilities and encourage their use by
companies as provided for in this section.
(2) Procedures.--The agencies identified in paragraph (1)--
(A) shall establish and publish procedures,
guidelines, and conditions for the submission and
approval of applications for use of nanotechnology
facilities;
(B) shall publish descriptions of the capabilities
of facilities available for use under this subsection,
including the availability of technical support; and
(C) may waive recovery, require full recovery, or
require partial recovery of the costs associated with
use of the facilities for projects under this
subsection.
(3) Selection and criteria.--In cases when less than full
cost recovery is required pursuant to paragraph (2)(C),
projects provided access to nanotechnology facilities in
accordance with this subsection shall be selected through a
competitive, merit-based process, and the criteria for the
selection of such projects shall include at a minimum--
(A) the readiness of the project for technology
demonstration;
(B) evidence of a commitment by the applicant for
further development of the project to full
commercialization if the proof of concept is
established by the prototype; and
(C) evidence of the potential for further funding
from private sector sources following the successful
demonstration of proof of concept.
The agencies may give special consideration in selecting
projects to applications that are relevant to important
national needs or requirements.
(b) Use of Existing Technology Transfer Programs.--
(1) Participating agencies.--Each agency participating in
the Program shall--
(A) encourage the submission of applications for
support of nanotechnology related projects to the Small
Business Innovation Research Program and the Small
Business Technology Transfer Program administered by
such agencies; and
(B) through the National Nanotechnology
Coordination Office and within 6 months after the date
of enactment of this Act, submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Science and Technology of the House of
Representatives--
(i) the plan described in section 2(c)(7)
of the 21st Century Nanotechnology Research and
Development Act (15 U.S.C. 7501(c)(7)); and
(ii) a report specifying, if the agency
administers a Small Business Innovation
Research Program and a Small Business
Technology Transfer Program--
(I) the number of proposals
received for nanotechnology related
projects during the current fiscal year
and the previous 2 fiscal years;
(II) the number of such proposals
funded in each year;
(III) the total number of
nanotechnology related projects funded
and the amount of funding provided for
fiscal year 2004 through fiscal year
2008; and
(IV) a description of the projects
identified in accordance with subclause
(III) which received private sector
funding beyond the period of phase II
support.
(2) National institute of standards and technology.--The
Director of the National Institute of Standards and Technology
in carrying out the requirements of section 28 of the National
Institute of Standards and Technology Act (15 U.S.C. 278n)
shall--
(A) in regard to subsection (d) of that section,
encourage the submission of proposals for support of
nanotechnology related projects; and
(B) in regard to subsection (g) of that section,
include a description of how the requirement of
subparagraph (A) of this paragraph is being met, the
number of proposals for nanotechnology related projects
received, the number of such proposals funded, the
total number of such projects funded since the
beginning of the Technology Innovation Program, and the
outcomes of such funded projects in terms of the
metrics developed in accordance with such subsection
(g).
(3) TIP advisory board.--The TIP Advisory Board established
under section 28(k) of the National Institute of Standards and
Technology Act (15 U.S.C. 278n(k)), in carrying out its
responsibilities under subsection (k)(3), shall provide the
Director of the National Institute of Standards and Technology
with--
(A) advice on how to accomplish the requirement of
paragraph (2)(A) of this subsection; and
(B) an assessment of the adequacy of the allocation
of resources for nanotechnology related projects
supported under the Technology Innovation Program.
(c) Industry Liaison Groups.--An objective of the Program shall be
to establish industry liaison groups for all industry sectors that
would benefit from applications of nanotechnology. The
Nanomanufacturing, Industry Liaison, and Innovation Working Group of
the National Science and Technology Council shall actively pursue
establishing such liaison groups.
(d) Coordination With State Initiatives.--Section 2(b)(5) of the
21st Century Nanotechnology Research and Development Act (15 U.S.C.
7501(b)(5)) is amended to read as follows:
``(5) ensuring United States global leadership in the
development and application of nanotechnology, including
through coordination and leveraging Federal investments with
nanotechnology research, development, and technology transition
initiatives supported by the States;''.
SEC. 105. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.
(a) In General.--The Program shall include support for
nanotechnology research and development activities directed toward
application areas that have the potential for significant contributions
to national economic competitiveness and for other significant societal
benefits. The activities supported shall be designed to advance the
development of research discoveries by demonstrating technical
solutions to important problems in such areas as nano-electronics,
energy efficiency, health care, and water remediation and purification.
The Advisory Panel shall make recommendations to the Program for
candidate research and development areas for support under this
section.
(b) Characteristics.--
(1) In general.--Research and development activities under
this section shall--
(A) include projects selected on the basis of
applications for support through a competitive, merit-
based process;
(B) involve collaborations among researchers in
academic institutions and industry, and may involve
nonprofit research institutions and Federal
laboratories, as appropriate;
(C) when possible, leverage Federal investments
through collaboration with related State initiatives;
and
(D) include a plan for fostering the transfer of
research discoveries and the results of technology
demonstration activities to industry for commercial
development.
(2) Procedures.--Determination of the requirements for
applications under this subsection, review and selection of
applications for support, and subsequent funding of projects
shall be carried out by a collaboration of no fewer than 2
agencies participating in the Program. In selecting
applications for support, the agencies shall give special
consideration to projects that include cost sharing from non-
Federal sources.
(3) Interdisciplinary research centers.--Research and
development activities under this section may be supported
through interdisciplinary nanotechnology research centers, as
authorized by section 2(b)(4) of the 21st Century
Nanotechnology Research and Development Act (15 U.S.C.
7501(b)(4)), that are organized to investigate basic research
questions and carry out technology demonstration activities in
areas such as those identified in subsection (a).
(c) Report.--Reports required under section 2(d) of the 21st
Century Nanotechnology Research and Development Act (15 U.S.C. 7501(d))
shall include a description of research and development areas supported
in accordance with this section, including the same budget information
as is required for program component areas under paragraphs (1) and (2)
of such section 2(d).
SEC. 106. NANOMANUFACTURING RESEARCH.
(a) Research Areas.--The Nanomanufacturing program component area,
or any successor program component area, shall include research on--
(1) development of instrumentation and tools required for
the rapid characterization of nanoscale materials and for
monitoring of nanoscale manufacturing processes; and
(2) approaches and techniques for scaling the synthesis of
new nanoscale materials to achieve industrial-level production
rates.
(b) Green Nanotechnology.--Interdisciplinary research centers
supported under the Program in accordance with section 2(b)(4) of the
21st Century Nanotechnology Research and Development Act (15 U.S.C.
7501(b)(4)) that are focused on nanomanufacturing research and centers
established under the authority of section 105(b)(3) of this subtitle
shall include as part of the activities of such centers--
(1) research on methods and approaches to develop
environmentally benign nanoscale products and nanoscale
manufacturing processes, taking into consideration relevant
findings and results of research supported under the
Environmental, Health, and Safety program component area, or
any successor program component area;
(2) fostering the transfer of the results of such research
to industry; and
(3) providing for the education of scientists and engineers
through interdisciplinary studies in the principles and
techniques for the design and development of environmentally
benign nanoscale products and processes.
(c) Review of Nanomanufacturing Research and Research Facilities.--
(1) Public meeting.--Not later than 12 months after the
date of enactment of this Act, the National Nanotechnology
Coordination Office shall sponsor a public meeting, including
representation from a wide range of industries engaged in
nanoscale manufacturing, to--
(A) obtain the views of participants at the meeting
on--
(i) the relevance and value of the research
being carried out under the Nanomanufacturing
program component area of the Program, or any
successor program component area; and
(ii) whether the capabilities of
nanotechnology research facilities supported
under the Program are adequate--
(I) to meet current and near-term
requirements for the fabrication and
characterization of nanoscale devices
and systems; and
(II) to provide access to and use
of instrumentation and equipment at the
facilities, by means of networking
technology, to individuals who are at
locations remote from the facilities;
and
(B) receive any recommendations on ways to
strengthen the research portfolio supported under the
Nanomanufacturing program component area, or any
successor program component area, and on improving the
capabilities of nanotechnology research facilities
supported under the Program.
Companies participating in industry liaison groups shall be
invited to participate in the meeting. The Coordination Office
shall prepare a report documenting the findings and
recommendations resulting from the meeting.
(2) Advisory panel review.--The Advisory Panel shall review
the Nanomanufacturing program component area of the Program, or
any successor program component area, and the capabilities of
nanotechnology research facilities supported under the Program
to assess--
(A) whether the funding for the Nanomanufacturing
program component area, or any successor program
component area, is adequate and receiving appropriate
priority within the overall resources available for the
Program;
(B) the relevance of the research being supported
to the identified needs and requirements of industry;
(C) whether the capabilities of nanotechnology
research facilities supported under the Program are
adequate--
(i) to meet current and near-term
requirements for the fabrication and
characterization of nanoscale devices and
systems; and
(ii) to provide access to and use of
instrumentation and equipment at the
facilities, by means of networking technology,
to individuals who are at locations remote from
the facilities; and
(D) the level of funding that would be needed to
support--
(i) the acquisition of instrumentation,
equipment, and networking technology sufficient
to provide the capabilities at nanotechnology
research facilities described in subparagraph
(C); and
(ii) the operation and maintenance of such
facilities.
In carrying out its assessment, the Advisory Panel shall take
into consideration the findings and recommendations from the
report required under paragraph (1).
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Advisory Panel shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology of the House
of Representatives a report on its assessment required under
paragraph (2), along with any recommendations and a copy of the
report prepared in accordance with paragraph (1).
SEC. 107. DEFINITIONS.
In this subtitle, terms that are defined in section 10 of the 21st
Century Nanotechnology Research and Development Act (15 U.S.C. 7509)
have the meaning given those terms in that section.
Subtitle B--Networking and Information Technology Research and
Development
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Networking and Information
Technology Research and Development Act of 2010''.
SEC. 112. PROGRAM PLANNING AND COORDINATION.
(a) Periodic Reviews.--Section 101 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511) is amended by adding at the end
the following new subsection:
``(d) Periodic Reviews.--The agencies identified in subsection
(a)(3)(B) shall--
``(1) periodically assess the contents and funding levels
of the Program Component Areas and restructure the Program when
warranted, taking into consideration any relevant
recommendations of the advisory committee established under
subsection (b); and
``(2) ensure that the Program includes large-scale, long-
term, interdisciplinary research and development activities,
including activities described in section 104.''.
(b) Development of Strategic Plan.--Section 101 of such Act (15
U.S.C. 5511) is amended further by adding after subsection (d), as
added by subsection (a) of this section, the following new subsection:
``(e) Strategic Plan.--
``(1) In General.--The agencies identified in subsection
(a)(3)(B), working through the National Science and Technology
Council and with the assistance of the National Coordination
Office established under section 102, shall develop, within 12
months after the date of enactment of the Networking and
Information Technology Research and Development Act of 2010,
and update every 3 years thereafter, a 5-year strategic plan to
guide the activities described under subsection (a)(1).
``(2) Contents.--The strategic plan shall specify near-term
and long-term objectives for the Program, the anticipated time
frame for achieving the near-term objectives, the metrics to be
used for assessing progress toward the objectives, and how the
Program will--
``(A) foster the transfer of research and
development results into new technologies and
applications for the benefit of society, including
through cooperation and collaborations with networking
and information technology research, development, and
technology transition initiatives supported by the
States;
``(B) encourage and support mechanisms for
interdisciplinary research and development in
networking and information technology, including
through collaborations across agencies, across Program
Component Areas, with industry, with Federal
laboratories (as defined in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703)), and with international organizations;
``(C) address long-term challenges of national
importance for which solutions require large-scale,
long-term, interdisciplinary research and development;
``(D) place emphasis on innovative and high-risk
projects having the potential for substantial societal
returns on the research investment;
``(E) strengthen all levels of networking and
information technology education and training programs
to ensure an adequate, well-trained workforce; and
``(F) attract more women and underrepresented
minorities to pursue postsecondary degrees in
networking and information technology.
``(3) National Research Infrastructure.--The strategic plan
developed in accordance with paragraph (1) shall be accompanied by
milestones and roadmaps for establishing and maintaining the national
research infrastructure required to support the Program, including the
roadmap required by subsection (a)(2)(E).
``(4) Recommendations.--The entities involved in developing the
strategic plan under paragraph (1) shall take into consideration the
recommendations--
``(A) of the advisory committee established under
subsection (b); and
``(B) of the stakeholders whose input was solicited by the
National Coordination Office, as required under section
102(b)(3).
``(5) Report to Congress.--The Director of the National
Coordination Office shall transmit the strategic plan required under
paragraph (1) to the advisory committee, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on Science
and Technology of the House of Representatives.''.
(c) Additional Responsibilities of Director.--Section 101(a)(2) of
such Act (15 U.S.C. 5511(a)(2)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) encourage and monitor the efforts of the
agencies participating in the Program to allocate the
level of resources and management attention necessary
to ensure that the strategic plan under subsection (e)
is developed and executed effectively and that the
objectives of the Program are met;''.
(d) Advisory Committee.--Section 101(b)(1) of such Act (15 U.S.C.
5511(b)(1)) is amended by inserting after ``an advisory committee on
high-performance computing,'' the following: ``in which the co-chairs
shall be members of the President's Council of Advisors on Science and
Technology and with the remainder of the committee''.
(e) Report.--Section 101(a)(3) of such Act (15 U.S.C. 5511(a)(3))
is amended--
(1) in subparagraph (C)--
(A) by striking ``is submitted,'' and inserting
``is submitted, the levels for the previous fiscal
year,''; and
(B) by striking ``each Program Component Area;''
and inserting ``each Program Component Area and
research area supported in accordance with section
104;'';
(2) in subparagraph (D)--
(A) by striking ``each Program Component Area,''
and inserting ``each Program Component Area and
research area supported in accordance with section
104,'';
(B) by striking ``is submitted,'' and inserting
``is submitted, the levels for the previous fiscal
year,''; and
(C) by striking ``and'' after the semicolon;
(3) by redesignating subparagraph (E) as subparagraph (G);
and
(4) by inserting after subparagraph (D) the following new
subparagraphs:
``(E) include a description of how the objectives
for each Program Component Area, and the objectives for
activities that involve multiple Program Component
Areas, relate to the objectives of the Program
identified in the strategic plan required under
subsection (e);
``(F) include--
``(i) a description of the funding required
by the National Coordination Office to perform
the functions specified under section 102(b)
for the next fiscal year by category of
activity;
``(ii) a description of the funding
required by such Office to perform the
functions specified under section 102(b) for
the current fiscal year by category of
activity; and
``(iii) the amount of funding provided for
such Office for the current fiscal year by each
agency participating in the Program; and''.
(f) Definition.--Section 4 of such Act (15 U.S.C. 5503) is
amended--
(1) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) `cyber-physical systems' means physical or engineered
systems whose networking and information technology functions
and physical elements are deeply integrated and are actively
connected to the physical world through sensors, actuators, or
other means to perform monitoring and control functions;'';
(3) in paragraph (4), as so redesignated--
(A) by striking ``high-performance computing'' and
inserting ``networking and information technology'';
and
(B) by striking ``supercomputer'' and inserting
``high-end computing'';
(4) in paragraph (6), as so redesignated, by striking
``network referred to as'' and all that follows through the
semicolon and inserting ``network, including advanced computer
networks of Federal agencies and departments;''; and
(5) in paragraph (7), as so redesignated, by striking
``National High-Performance Computing Program'' and inserting
``networking and information technology research and
development program''.
SEC. 113. LARGE-SCALE RESEARCH IN AREAS OF NATIONAL IMPORTANCE.
Title I of such Act (15 U.S.C. 5511) is amended by adding at the
end the following new section:
``SEC. 104. LARGE-SCALE RESEARCH IN AREAS OF NATIONAL IMPORTANCE.
``(a) In General.--The Program shall encourage agencies identified
in section 101(a)(3)(B) to support large-scale, long-term,
interdisciplinary research and development activities in networking and
information technology directed toward application areas that have the
potential for significant contributions to national economic
competitiveness and for other significant societal benefits. Such
activities, ranging from basic research to the demonstration of
technical solutions, shall be designed to advance the development of
research discoveries. The advisory committee established under section
101(b) shall make recommendations to the Program for candidate research
and development areas for support under this section.
``(b) Characteristics.--
``(1) In general.--Research and development activities
under this section shall--
``(A) include projects selected on the basis of
applications for support through a competitive, merit-
based process;
``(B) involve collaborations among researchers in
institutions of higher education and industry, and may
involve nonprofit research institutions and Federal
laboratories, as appropriate;
``(C) when possible, leverage Federal investments
through collaboration with related State initiatives;
and
``(D) include a plan for fostering the transfer of
research discoveries and the results of technology
demonstration activities, including from institutions
of higher education and Federal laboratories, to
industry for commercial development.
``(2) Cost-sharing.--In selecting applications for support,
the agencies shall give special consideration to projects that
include cost sharing from non-Federal sources.
``(3) Agency collaboration.--If 2 or more agencies
identified in section 101(a)(3)(B), or other appropriate
agencies, are working on large-scale research and development
activities in the same area of national importance, then such
agencies shall strive to collaborate through joint solicitation
and selection of applications for support and subsequent
funding of projects.
``(4) Interdisciplinary research centers.--Research and
development activities under this section may be supported
through interdisciplinary research centers that are organized
to investigate basic research questions and carry out
technology demonstration activities in areas described in
subsection (a). Research may be carried out through existing
interdisciplinary centers, including those authorized under
section 7024(b)(2) of the America COMPETES Act (Public Law 110-
69; 42 U.S.C. 1862o-10).''.
SEC. 114. CYBER-PHYSICAL SYSTEMS AND INFORMATION MANAGEMENT.
(a) Additional Program Characteristics.--Section 101(a)(1) of such
Act (15 U.S.C. 5511(a)(1)) is amended--
(1) in subparagraph (H), by striking ``and'' after the
semicolon;
(2) in subparagraph (I), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(J) provide for increased understanding of the
scientific principles of cyber-physical systems and
improve the methods available for the design,
development, and operation of cyber-physical systems
that are characterized by high reliability, safety, and
security; and
``(K) provide for research and development on
human-computer interactions, visualization, and
information management.''.
(b) Task Force.--Title I of such Act (15 U.S.C. 5511) is amended
further by adding after section 104, as added by section 113 of this
Act, the following new section:
``SEC. 105. UNIVERSITY/INDUSTRY TASK FORCE.
``(a) Establishment.--Not later than 180 days after the date of
enactment of the Networking and Information Technology Research and
Development Act of 2010, the Director of the National Coordination
Office established under section 102 shall convene a task force to
explore mechanisms for carrying out collaborative research and
development activities for cyber-physical systems, including the
related technologies required to enable these systems, through a
consortium or other appropriate entity with participants from
institutions of higher education, Federal laboratories, and industry.
``(b) Functions.--The task force shall--
``(1) develop options for a collaborative model and an
organizational structure for such entity under which the joint
research and development activities could be planned, managed,
and conducted effectively, including mechanisms for the
allocation of resources among the participants in such entity
for support of such activities;
``(2) propose a process for developing a research and
development agenda for such entity, including objectives and
milestones;
``(3) define the roles and responsibilities for the
participants from institutions of higher education, Federal
laboratories, and industry in such entity;
``(4) propose guidelines for assigning intellectual
property rights and for the transfer of research results to the
private sector; and
``(5) make recommendations for how such entity could be
funded from Federal, State, and non-governmental sources.
``(c) Composition.--In establishing the task force under subsection
(a), the Director of the National Coordination Office shall appoint an
equal number of individuals from institutions of higher education and
from industry with knowledge and expertise in cyber-physical systems,
of which 2 may be selected from Federal laboratories.
``(d) Report.--Not later than 1 year after the date of enactment of
the Networking and Information Technology Research and Development Act
of 2010, the Director of the National Coordination Office shall
transmit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology of the House of
Representatives a report describing the findings and recommendations of
the task force.''.
SEC. 115. NATIONAL COORDINATION OFFICE.
Section 102 of such Act (15 U.S.C. 5512) is amended to read as
follows:
``SEC. 102. NATIONAL COORDINATION OFFICE.
``(a) Establishment.--The Director shall establish a National
Coordination Office with a Director and full-time staff.
``(b) Functions.--The National Coordination Office shall--
``(1) provide technical and administrative support to--
``(A) the agencies participating in planning and
implementing the Program, including such support as
needed in the development of the strategic plan under
section 101(e); and
``(B) the advisory committee established under
section 101(b);
``(2) serve as the primary point of contact on Federal
networking and information technology activities for government
organizations, academia, industry, professional societies,
State computing and networking technology programs, interested
citizen groups, and others to exchange technical and
programmatic information;
``(3) solicit input and recommendations from a wide range
of stakeholders during the development of each strategic plan
required under section 101(e) through the convening of at least
1 workshop with invitees from academia, industry, Federal
laboratories, and other relevant organizations and
institutions;
``(4) conduct public outreach, including the dissemination
of findings and recommendations of the advisory committee, as
appropriate; and
``(5) promote access to and early application of the
technologies, innovations, and expertise derived from Program
activities to agency missions and systems across the Federal
Government and to United States industry.
``(c) Source of Funding.--
``(1) In general.--The operation of the National
Coordination Office shall be supported by funds from each
agency participating in the Program.
``(2) Specifications.--The portion of the total budget of
such Office that is provided by each agency for each fiscal
year shall be in the same proportion as each such agency's
share of the total budget for the Program for the previous
fiscal year, as specified in the report required under section
101(a)(3).''.
SEC. 116. IMPROVING NETWORKING AND INFORMATION TECHNOLOGY EDUCATION.
Section 201(a) of such Act (15 U.S.C. 5521(a)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) the National Science Foundation shall use its
existing programs, in collaboration with other agencies, as
appropriate, to improve the teaching and learning of networking
and information technology at all levels of education and to
increase participation in networking and information technology
fields, including by women and underrepresented minorities;''.
SEC. 117. CONFORMING AND TECHNICAL AMENDMENTS.
(a) Section 3.--Section 3 of such Act (15 U.S.C. 5502) is amended--
(1) in the matter preceding paragraph (1), by striking
``high-performance computing'' and inserting ``networking and
information technology'';
(2) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``high-performance computing'' and inserting
``networking and information technology'';
(3) in subparagraphs (A) and (F) of paragraph (1), by
striking ``high-performance computing'' each place it appears
and inserting ``networking and information technology''; and
(4) in paragraph (2)--
(A) by striking ``high-performance computing and''
and inserting ``networking and information technology
and''; and
(B) by striking ``high-performance computing
network'' and inserting ``networking and information
technology''.
(b) Title I.--The heading of title I of such Act (15 U.S.C. 5511)
is amended by striking ``HIGH-PERFORMANCE COMPUTING'' and inserting
``NETWORKING AND INFORMATION TECHNOLOGY''.
(c) Section 101.--Section 101 of such Act (15 U.S.C. 5511) is
amended--
(1) in the section heading, by striking ``high-performance
computing'' and inserting ``networking and information
technology research and development'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``National High-Performance Computing'' and inserting
``Networking and Information Technology Research and
Development'';
(B) in paragraph (1) of such subsection--
(i) in the matter preceding subparagraph
(A), by striking ``National High-Performance
Computing Program'' and inserting ``networking
and information technology research and
development program'';
(ii) in subparagraph (A), by striking
``high-performance computing, including
networking'' and inserting ``networking and
information technology''; and
(iii) in subparagraphs (B), (C), and (G),
by striking ``high-performance'' each place it
appears and inserting ``high-end''; and
(C) in paragraph (2) of such subsection--
(i) in subparagraphs (A) and (C)--
(I) by striking ``high-performance
computing'' each place it appears and
inserting ``networking and information
technology''; and
(II) by striking ``development,
networking,'' each place it appears and
inserting ``development,''; and
(ii) in subparagraphs (F) and (G), as
redesignated by section 112(c)(1) of this Act,
by striking ``high-performance'' each place it
appears and inserting ``high-end'';
(3) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``high-performance computing''
both places it appears and inserting ``networking and
information technology''; and
(4) in subsection (c)(1)(A), by striking ``high-performance
computing'' and inserting ``networking and information
technology''.
(d) Section 201.--Section 201(a)(1) of such Act (15 U.S.C.
5521(a)(1)) is amended by striking ``high-performance computing'' and
all that follows through ``networking;'' and inserting ``networking and
information research and development;''.
(e) Section 202.--Section 202(a) of such Act (15 U.S.C. 5522(a)) is
amended by striking ``high-performance computing'' and inserting
``networking and information technology''.
(f) Section 203.--Section 203(a)(1) of such Act (15 U.S.C.
5523(a)(1)) is amended by striking ``high-performance computing and
networking'' and inserting ``networking and information technology''.
(g) Section 204.--Section 204(a)(1) of such Act (15 U.S.C.
5524(a)(1)) is amended--
(1) in subparagraph (A), by striking ``high-performance
computing systems and networks'' and inserting ``networking and
information technology systems and capabilities''; and
(2) in subparagraph (C), by striking ``high-performance
computing'' and inserting ``networking and information
technology''.
(h) Section 205.--Section 205(a) of such Act (15 U.S.C. 5525(a)) is
amended by striking ``computational'' and inserting ``networking and
information technology''.
(i) Section 206.--Section 206(a) of such Act (15 U.S.C. 5526(a)) is
amended by striking ``computational research'' and inserting
``networking and information technology research''.
(j) Section 208.--Section 208 of such Act (15 U.S.C. 5528) is
amended--
(1) in the section heading, by striking ``high-performance
computing'' and inserting ``networking and information
technology''; and
(2) in subsection (a)--
(A) in paragraph (1), by striking ``High-
performance computing and associated'' and inserting
``Networking and information'';
(B) in paragraph (2), by striking ``high-
performance computing'' and inserting ``networking and
information technologies'';
(C) in paragraph (4), by striking ``high-
performance computers and associated'' and inserting
``networking and information''; and
(D) in paragraph (5), by striking ``high-
performance computing and associated'' and inserting
``networking and information''.
Subtitle C--Other OSTP Provisions
SEC. 121. FEDERAL SCIENTIFIC COLLECTIONS.
(a) Management of Scientific Collections.--The Office of Science
and Technology Policy, in consultation with relevant Federal agencies,
shall ensure the development of formal policies for the management and
use of Federal scientific collections to improve the quality,
organization, access, including online access, and long-term
preservation of such collections for the benefit of the scientific
enterprise.
(b) Definition.--For the purposes of this section, the term
``scientific collection'' means a set of physical specimens, living or
inanimate, created for the purpose of supporting science and serving as
a long-term research asset, rather than for their market value as
collectibles or their historical, artistic, or cultural significance.
(c) Clearinghouse.--The Office of Science and Technology Policy, in
consultation with relevant Federal agencies, shall ensure the
development of an online clearinghouse for information on the contents
of and access to Federal scientific collections.
(d) Disposal of Collections.--The policies developed under
subsection (a) shall--
(1) require that, before disposing of a scientific
collection, a Federal agency shall--
(A) conduct a review of the research value of the
collection; and
(B) consult with researchers who have used the
collection, and other potentially interested parties,
concerning--
(i) the collection's value for research
purposes; and
(ii) possible additional educational uses
for the collection; and
(2) include procedures for Federal agencies to transfer
scientific collections they no longer need to researchers at
institutions or other entities qualified to manage the
collections.
(e) Cost Projections.--The Office of Science and Technology Policy,
in consultation with relevant Federal agencies, shall develop a common
set of methodologies to be used by Federal agencies for the assessment
and projection of costs associated with the management and preservation
of their scientific collections.
SEC. 122. COORDINATION OF MANUFACTURING RESEARCH AND DEVELOPMENT.
(a) Interagency Committee.--The Director of the Office of Science
and Technology Policy shall establish or designate an interagency
committee under the National Science and Technology Council with the
responsibility for planning and coordinating Federal programs and
activities in manufacturing research and development.
(b) Responsibilities of Committee.--The interagency committee
established or designated under subsection (a) shall--
(1) coordinate the manufacturing research and development
programs and activities of the Federal agencies;
(2) establish goals and priorities for manufacturing
research and development that will strengthen United States
manufacturing; and
(3) develop and update every 5 years thereafter a strategic
plan to guide Federal programs and activities in support of
manufacturing research and development, which shall--
(A) specify and prioritize near-term and long-term
research and development objectives, the anticipated
time frame for achieving the objectives, and the
metrics for use in assessing progress toward the
objectives;
(B) specify the role of each Federal agency in
carrying out or sponsoring research and development to
meet the objectives of the strategic plan;
(C) describe how the Federal agencies supporting
manufacturing research and development will foster the
transfer of research and development results into new
manufacturing technologies, processes, and products for
the benefit of society and the national interest; and
(D) describe how the Federal agencies supporting
manufacturing research and development will strengthen
all levels of manufacturing education and training
programs to ensure an adequate, well-trained workforce.
(c) Recommendations.--In the development of the strategic plan
required under subsection (b)(3), the Director of the Office of Science
and Technology Policy, working through the interagency committee, shall
take into consideration the recommendations of a wide range of
stakeholders, including representatives from diverse manufacturing
companies, academia, and other relevant organizations and institutions.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Science and
Technology Policy shall transmit the strategic plan developed under
subsection (b)(3) to the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science and
Technology of the House of Representatives, and shall transmit
subsequent updates to those committees when completed.
SEC. 123. INTERAGENCY PUBLIC ACCESS COMMITTEE.
(a) Establishment.--The Director of the Office of Science and
Technology Policy shall establish a working group under the National
Science and Technology Council with the responsibility to coordinate
Federal science agency research and policies related to the
dissemination and long-term stewardship of the results of unclassified
research, including digital data and peer-reviewed scholarly
publications, supported wholly, or in part, by funding from the Federal
science agencies.
(b) Responsibilities.--The working group established under
subsection (a) shall--
(1) coordinate the development or designation of uniform
standards for research data, the structure of full text and
metadata, navigation tools, and other applications to achieve
interoperability across Federal science agencies, across
science and engineering disciplines, and between research data
and scholarly publications, taking into account existing
consensus standards, including international standards;
(2) coordinate Federal science agency programs and
activities that support research and education on tools and
systems required to ensure preservation and stewardship of all
forms of digital research data, including scholarly
publications;
(3) work with international science and technology
counterparts to maximize interoperability between United States
based unclassified research databases and international
databases and repositories;
(4) solicit input and recommendations from, and collaborate
with, non-Federal stakeholders, including universities,
nonprofit and for-profit publishers, libraries, federally
funded research scientists, and other organizations and
institutions with a stake in long term preservation and access
to the results of federally funded research; and
(5) establish priorities for coordinating the development
of any Federal science agency policies related to public access
to the results of federally funded research to maximize
uniformity of such policies with respect to their benefit to,
and potential economic or other impact on, the science and
engineering enterprise and the stakeholders thereof.
(c) Patent or Copyright Law.--Nothing in this section shall be
construed to affect any right under the provisions of title 17 or 35,
United States Code.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Science and
Technology Policy shall transmit a report to Congress describing--
(1) any priorities established under subsection (b)(5);
(2) the status of any Federal science agency policies
related to public access to the results of federally funded
research; and
(3) how any policies developed or being developed by
Federal science agencies, as described in paragraph (2),
incorporate input from the non-Federal stakeholders described
in subsection (b)(4).
(e) Definition.--For the purposes of this section, the term
``Federal science agency'' means any Federal agency with an annual
extramural research expenditure of over $100,000,000.
(f) Sense of Congress Regarding Peer Review.--It is the sense of
Congress that peer review is an important part of the process of
ensuring the integrity of the record of scientific research, and that
the National Science and Technology Council working group established
under this section should take into account the role that scientific
publishers play in the peer review process.
SEC. 124. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC SCIENCE AND
ENGINEERING.
(a) Definition.--In this section, the term ``Federal science
agency'' means any Federal agency that is responsible for at least 2
percent of total Federal research and development funding to
institutions of higher education, according to the most recent data
available from the National Science Foundation.
(b) Workshops to Enhance Gender Equity in Academic Science and
Engineering.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy shall develop a uniform policy for all
Federal science agencies to carry out a program of workshops
that educate program officers, members of grant review panels,
institution of higher education STEM department chairs, and
other federally funded researchers about methods that minimize
the effects of gender bias in evaluation of Federal research
grants and in the related academic advancement of actual and
potential recipients of these grants, including hiring, tenure,
promotion, and selection for any honor based in part on the
recipient's research record.
(2) Interagency coordination.--The Director of the Office
of Science and Technology Policy shall ensure that programs of
workshops across the Federal science agencies are coordinated
and supported jointly as appropriate. As part of this process,
the Director of the Office of Science and Technology Policy
shall ensure that at least 1 workshop is supported every 2
years among the Federal science agencies in each of the major
science and engineering disciplines supported by those
agencies.
(3) Organizations eligible to carry out workshops.--Federal
science agencies may carry out the program of workshops under
this subsection by making grants to eligible organizations. In
addition to any other organizations made eligible by the
Federal science agencies, the following organizations are
eligible for grants under this subsection:
(A) Nonprofit scientific and professional societies
and organizations that represent one or more STEM
disciplines.
(B) Nonprofit organizations that have the primary
mission of advancing the participation of women in
STEM.
(4) Characteristics of workshops.--The workshops shall have
the following characteristics:
(A) Invitees to workshops shall include at least--
(i) the chairs of departments in the
relevant discipline from at least the top 50
institutions of higher education, as determined
by the amount of Federal research and
development funds obligated to each institution
of higher education in the prior year based on
data available from the National Science
Foundation;
(ii) members of any standing research grant
review panel appointed by the Federal science
agencies in the relevant discipline;
(iii) in the case of science and
engineering disciplines supported by the
Department of Energy, the individuals from each
of the Department of Energy National
Laboratories with personnel management
responsibilities comparable to those of an
institution of higher education department
chair; and
(iv) Federal science agency program
officers in the relevant discipline, other than
program officers that participate in comparable
workshops organized and run specifically for
that agency's program officers.
(B) Activities at the workshops shall include
research presentations and interactive discussions or
other activities that increase the awareness of the
existence of gender bias in the grant-making process
and the development of the academic record necessary to
qualify as a grant recipient, including recruitment,
hiring, tenure review, promotion, and other forms of
formal recognition of individual achievement, and
provide strategies to overcome such bias.
(C) Research presentations and other workshop
programs, as appropriate, shall include a discussion of
the unique challenges faced by women who are members of
historically underrepresented groups.
(D) Workshop programs shall include information on
best practices and the value of mentoring undergraduate
and graduate women students as well as outreach to
girls earlier in their STEM education.
(5) Report.--
(A) In general.--Not later than 5 years after the
date of enactment of this Act, the Director of the
Office of Science and Technology Policy shall transmit
to the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report
evaluating the effectiveness of the program carried out
under this subsection to reduce gender bias towards
women engaged in research funded by the Federal
Government. The Director of the Office of Science and
Technology Policy shall include in this report any
recommendations for improving the evaluation process
described in subparagraph (B).
(B) Minimum criteria for evaluation.--In
determining the effectiveness of the program, the
Director of the Office of Science and Technology Policy
shall consider, at a minimum--
(i) the rates of participation by invitees
in the workshops authorized under this
subsection;
(ii) the results of attitudinal surveys
conducted on workshop participants before and
after the workshops;
(iii) any relevant institutional policy or
practice changes reported by participants; and
(iv) for individuals described in paragraph
(4)(A)(i) or (iii) who participated in at least
1 workshop 3 or more years prior to the due
date for the report, trends in the data for the
department represented by the chair or employee
including faculty data related to gender as
described in section 216.
(C) Institutional attendance at workshops.--As part
of the report under subparagraph (A), the Director of
the Office of Science and Technology Policy shall
include a list of institutions of higher education
science and engineering departments whose
representatives attended the workshops required under
this subsection.
(6) Minimizing costs.--To the extent practicable, workshops
shall be held in conjunction with national or regional
disciplinary meetings to minimize costs associated with
participant travel.
(c) Extended Research Grant Support and Interim Technical Support
for Caregivers.--
(1) Policies for caregivers.--Not later than 6 months after
the date of enactment of this Act, the Director of the Office
of Science and Technology Policy shall develop a uniform policy
to--
(A) extend the period of grant support for
federally funded researchers who have caregiving
responsibilities; and
(B) provide funding for interim technical staff
support for federally funded researchers who take a
leave of absence for caregiving responsibilities.
(2) Report.--Upon developing the policy required under
paragraph (1), the Director of the Office of Science and
Technology Policy shall transmit a copy of the policy to the
Committee on Science and Technology of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Collection of Data on Federal Research Grants.--
(1) In general.--Each Federal science agency shall collect
standardized annual composite information on demographics,
field, award type and budget request, review score, and funding
outcome for all applications for research and development
grants to institutions of higher education supported by that
agency.
(2) Reporting of data.--
(A) The Director of the Office of Science and
Technology Policy shall establish a policy to ensure
uniformity and standardization of data collection
required under paragraph (1).
(B) Not later than 2 years after the date of
enactment of this Act, and annually thereafter, each
Federal science agency shall submit data collected
under paragraph (1) to the National Science Foundation.
(C) The National Science Foundation shall be
responsible for storing and publishing all of the grant
data submitted under subparagraph (B), disaggregated
and cross-tabulated by race, ethnicity, and gender, in
conjunction with the biennial report required under
section 37 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885d).
SEC. 125. NATIONAL COMPETITIVENESS AND INNOVATION STRATEGY.
Not later than one year after the date of the enactment of this
Act, the Director of the White House Office of Science and Technology
Policy shall submit to Congress and the President a national
competitiveness and innovation strategy for strengthening the
innovative and competitive capacity of the Federal Government, State
and local governments, institutions of higher education, and the
private sector that includes--
(1) proposed legislative changes and action;
(2) proposed actions to be taken collectively by executive
agencies, including White House offices;
(3) proposed actions to be taken by individual executive
agencies, including White House offices; and
(4) a proposal for metrics-based monitoring and oversight
of the progress of the Federal Government with respect to
improving conditions for the innovation occurring in and the
competitiveness of the United States.
TITLE II--NATIONAL SCIENCE FOUNDATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Science Foundation
Authorization Act of 2010''.
Subtitle A--General Provisions
SEC. 211. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation established under section 2 of
the National Science Foundation Act of 1950 (42 U.S.C. 1861).
(2) Foundation.--The term ``Foundation'' means the National
Science Foundation established under section 2 of the National
Science Foundation Act of 1950 (42 U.S.C. 1861).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) State.--The term ``State'' means one of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or any other
territory or possession of the United States.
(5) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics.
(6) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2011.--
(1) In general.--There are authorized to be appropriated to
the Foundation $7,481,000,000 for fiscal year 2011.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $6,020,000,000 shall be made available for
research and related activities;
(B) $945,000,000 shall be made available for
education and human resources;
(C) $166,000,000 shall be made available for major
research equipment and facilities construction;
(D) $330,000,000 shall be made available for agency
operations and award management;
(E) $4,840,000 shall be made available for the
Office of the National Science Board; and
(F) $14,830,000 shall be made available for the
Office of Inspector General.
(b) Fiscal Year 2012.--
(1) In general.--There are authorized to be appropriated to
the Foundation $8,127,000,000 for fiscal year 2012.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $6,496,000,000 shall be made available for
research and related activities;
(B) $1,020,000,000 shall be made available for
education and human resources;
(C) $235,000,000 shall be made available for major
research equipment and facilities construction;
(D) $356,000,000 shall be made available for agency
operations and award management;
(E) $5,010,000 shall be made available for the
Office of the National Science Board; and
(F) $15,350,000 shall be made available for the
Office of Inspector General.
(c) Fiscal Year 2013.--
(1) In general.--There are authorized to be appropriated to
the Foundation $8,764,000,000 for fiscal year 2013.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $7,009,000,000 shall be made available for
research and related activities;
(B) $1,100,000,000 shall be made available for
education and human resources;
(C) $250,000,000 shall be made available for major
research equipment and facilities construction;
(D) $384,000,000 shall be made available for agency
operations and award management;
(E) $5,180,000 shall be made available for the
Office of the National Science Board; and
(F) $15,890,000 shall be made available for the
Office of Inspector General.
(d) Fiscal Year 2014.--
(1) In general.--There are authorized to be appropriated to
the Foundation $9,436,000,000 for fiscal year 2014.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $7,562,000,000 shall be made available for
research and related activities;
(B) $1,187,000,000 shall be made available for
education and human resources;
(C) $250,000,000 shall be made available for major
research equipment and facilities construction;
(D) $415,000,000 shall be made available for agency
operations and award management;
(E) $5,370,000 shall be made available for the
Office of the National Science Board; and
(F) $16,440,000 shall be made available for the
Office of Inspector General.
(e) Fiscal Year 2015.--
(1) In general.--There are authorized to be appropriated to
the Foundation $10,161,000,000 for fiscal year 2015.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $8,160,000,000 shall be made available for
research and related activities;
(B) $1,281,000,000 shall be made available for
education and human resources;
(C) $250,000,000 shall be made available for major
research equipment and facilities construction;
(D) $447,000,000 shall be made available for agency
operations and award management;
(E) $5,550,000 shall be made available for the
Office of the National Science Board; and
(F) $17,020,000 shall be made available for the
Office of Inspector General.
SEC. 213. NATIONAL SCIENCE BOARD ADMINISTRATIVE AMENDMENTS.
(a) Staffing at the National Science Board.--Section 4(g) of the
National Science Foundation Act of 1950 (42 U.S.C. 1863(g)) is amended
by striking ``not more than 5''.
(b) Science and Engineering Indicators Due Date.--Section 4(j)(1)
of the National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1))
is amended by striking ``January 15'' and inserting ``May 31''.
(c) National Science Board Reports.--Section 4(j)(2) of the
National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(2)) is
amended by inserting ``within the authority of the Foundation (or
otherwise as requested by the appropriate Congressional committees of
jurisdiction or the President)'' after ``individual policy matters''.
(d) Board Adherence to Sunshine Act.--Section 15(a) of the National
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-5(a)) is
amended--
(1) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively;
(2) in paragraph (3), as so redesignated by paragraph (1)
of this subsection--
(A) by striking ``February 15'' and inserting
``April 15''; and
(B) by striking ``the audit required under
paragraph (3) along with'' and inserting ``any''; and
(3) in paragraph (4), as so redesignated by paragraph (1)
of this subsection, by striking ``To facilitate the audit
required under paragraph (3) of this subsection, the'' and
inserting ``The''.
SEC. 214. BROADER IMPACTS REVIEW CRITERION.
(a) Goals.--The Foundation shall apply a Broader Impacts Review
Criterion to achieve the following goals:
(1) Increased economic competitiveness of the United
States.
(2) Development of a globally competitive STEM workforce.
(3) Increased participation of women and underrepresented
minorities in STEM.
(4) Increased partnerships between academia and industry.
(5) Improved pre-K-12 STEM education and teacher
development.
(6) Improved undergraduate STEM education.
(7) Increased public scientific literacy.
(8) Increased national security.
(b) Policy.--Not later than 6 months after the date of enactment of
this Act, the Director shall develop and implement a policy for the
Broader Impacts Review Criterion that--
(1) provides for educating professional staff at the
Foundation, merit review panels, and applicants for Foundation
research grants on the policy developed under this subsection;
(2) clarifies that the activities of grant recipients
undertaken to satisfy the Broader Impacts Review Criterion
shall--
(A) to the extent practicable employ proven
strategies and models and draw on existing programs and
activities; and
(B) when novel approaches are justified, build on
the most current research results;
(3) allows for some portion of funds allocated to broader
impacts under a research grant to be used for assessment and
evaluation of the broader impacts activity;
(4) encourages institutions of higher education and other
nonprofit education or research organizations to develop and
provide, either as individual institutions or in partnerships
thereof, appropriate training and programs to assist
Foundation-funded principal investigators at their institutions
in achieving the goals of the Broader Impacts Review Criterion
as described in subsection (a); and
(5) requires principal investigators applying for
Foundation research grants to provide evidence of institutional
support for the portion of the investigator's proposal designed
to satisfy the Broader Impacts Review Criterion, including
evidence of relevant training, programs, and other
institutional resources available to the investigator from
either their home institution or organization or another
institution or organization with relevant expertise.
SEC. 215. NATIONAL CENTER FOR SCIENCE AND ENGINEERING STATISTICS.
(a) Establishment.--There is established within the Foundation a
National Center for Science and Engineering Statistics (in this section
referred to as the ``Center''), that shall serve as a central Federal
clearinghouse for the collection, interpretation, analysis, and
dissemination of objective data on science, engineering, technology,
and research and development.
(b) Duties.--In carrying out subsection (a) of this section, the
Director, acting through the Center shall--
(1) collect, acquire, analyze, report, and disseminate
statistical data related to the science and engineering
enterprise in the United States and other nations that is
relevant and useful to practitioners, researchers,
policymakers, and the public, including statistical data on--
(A) research and development trends;
(B) the science and engineering workforce;
(C) United States competitiveness in science,
engineering, technology, and research and development;
and
(D) the condition and progress of United States
STEM education;
(2) support research using the data it collects, and on
methodologies in areas related to the work of the Center; and
(3) support the education and training of researchers in
the use of large-scale, nationally representative data sets.
(c) Statistical Reports.--The Director or the National Science
Board, acting through the Center, shall issue regular, and as
necessary, special statistical reports on topics related to the
national and international science and engineering enterprise such as
the biennial report required by section 4 (j)(1) of the National
Science Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of
the state of science and engineering in the United States.
SEC. 216. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY.
(a) Collection of Data.--The Director shall report, in conjunction
with the biennial report required under section 37 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885d), statistical
summary data on the demographics of STEM discipline faculty at
institutions of higher education in the United States, disaggregated
and cross-tabulated by race, ethnicity, and gender. At a minimum, the
Director shall consider--
(1) the number and percent of faculty by gender, race, and
age;
(2) the number and percent of faculty at each rank, by
gender, race, and age;
(3) the number and percent of faculty who are in nontenure-
track positions, including teaching and research, by gender,
race, and age;
(4) the number of faculty who are reviewed for promotion,
including tenure, and the percentage of that number who are
promoted, by gender, race, and age;
(5) faculty years in rank by gender, race, and age;
(6) faculty attrition by gender, race, and age;
(7) the number and percent of faculty hired by rank,
gender, race, and age; and
(8) the number and percent of faculty in leadership
positions, including endowed or named chairs, serving on
promotion and tenure committees, by gender, race, and age.
(b) Recommendations.--The Director shall solicit input and
recommendations from relevant stakeholders, including representatives
from institutions of higher education and nonprofit organizations, on
the collection of data required under subsection (a), including the
development of standard definitions on the terms and categories to be
used in the collection of such data.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Director shall submit a report to Congress
on how the Foundation will gather the demographic data on STEM faculty,
including--
(1) a description of the data to be reported and the
sources of those data;
(2) justification for the exclusion of any data described
in paragraph (1); and
(3) a list of the definitions for the terms and categories,
such as ``faculty'' and ``leadership positions'', to be applied
in the reporting of all data described in paragraph (1).
Subtitle B--Research and Innovation
SEC. 221. SUPPORT FOR POTENTIALLY TRANSFORMATIVE RESEARCH.
(a) Policy.--The Director shall establish a policy that requires
the Foundation to use at least 5 percent of its research budget to fund
high-risk, high-reward basic research proposals. Support for facilities
and infrastructure, including preconstruction design and operations and
maintenance of major research facilities, shall not be counted as part
of the research budget for the purposes of this section.
(b) Implementation.--In implementing such policy, the Foundation
may--
(1) develop solicitations specifically for high-risk, high-
reward basic research;
(2) establish review panels for the primary purpose of
selecting high-risk, high-reward proposals or modify
instructions to standard review panels to require
identification of high-risk, high-reward proposals; and
(3) support workshops and participate in conferences with
the primary purpose of identifying new opportunities for high-
risk, high-reward basic research, especially at
interdisciplinary interfaces.
(c) Definition.--For purposes of this section, the term ``high-
risk, high-reward basic research'' means research driven by ideas that
have the potential to radically change our understanding of an
important existing scientific or engineering concept, or leading to the
creation of a new paradigm or field of science or engineering, and that
is characterized by its challenge to current understanding or its
pathway to new frontiers.
SEC. 222. FACILITATING INTERDISCIPLINARY COLLABORATIONS FOR NATIONAL
NEEDS.
(a) In General.--The Director shall award competitive, merit-based
awards in amounts not to exceed $5,000,000 over a period of up to 5
years to interdisciplinary research collaborations that are likely to
assist in addressing critical challenges to national security,
competitiveness, and societal well-being and that--
(1) involve at least 2 co-equal principal investigators at
the same or different institutions;
(2) draw upon well-integrated, diverse teams of
investigators, including students or postdoctoral researchers,
from one or more disciplines; and
(3) foster creativity and pursue high-risk, high-reward
research.
(b) Priority.--In selecting grant recipients under this section,
the Director shall give priority to applicants that propose to utilize
advances in cyberinfrastructure and simulation-based science and
engineering.
SEC. 223. NATIONAL SCIENCE FOUNDATION MANUFACTURING RESEARCH AND
EDUCATION.
(a) Manufacturing Research.--The Director shall carry out a program
to award merit-reviewed, competitive grants to institutions of higher
education to support fundamental research leading to transformative
advances in manufacturing technologies, processes, and enterprises that
will support United States manufacturing through improved performance,
productivity, sustainability, and competitiveness. Research areas may
include--
(1) nanomanufacturing;
(2) manufacturing and construction machines and equipment,
including robotics, automation, and other intelligent systems;
(3) manufacturing enterprise systems;
(4) advanced sensing and control techniques;
(5) materials processing; and
(6) information technologies for manufacturing, including
predictive and real-time models and simulations, and virtual
manufacturing.
(b) Manufacturing Education.--In order to help ensure a well-
trained manufacturing workforce, the Director shall award grants to
strengthen and expand scientific and technical education and training
in advanced manufacturing, including through the Foundation's Advanced
Technological Education program.
SEC. 224. STRENGTHENING INSTITUTIONAL RESEARCH PARTNERSHIPS.
(a) In General.--For any Foundation research grant, in an amount
greater than $2,000,000, to be carried out through a partnership that
includes one or more minority-serving institutions or predominantly
undergraduate institutions and one or more institutions described in
subsection (b), the Director shall award funds directly, according to
the budget justification described in the grant proposal, to at least
two of the institutions of higher education in the partnership,
including at least one minority-serving institution or one
predominantly undergraduate institution, to ensure a strong and
equitable partnership.
(b) Institutions.--The institutions referred to in subsection (a)
are institutions of higher education that are among the 100
institutions receiving, over the 3-year period immediately preceding
the awarding of grants, the highest amount of research funding from the
Foundation.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Director shall provide a report to Congress on
institutional research partnerships identified in subsection (a) funded
in the previous fiscal year.
SEC. 225. NATIONAL SCIENCE BOARD REPORT ON MID-SCALE INSTRUMENTATION.
(a) Mid-scale Research Instrumentation Needs.--The National Science
Board shall evaluate the needs, across all disciplines supported by the
Foundation, for mid-scale research instrumentation that falls between
the instruments funded by the Major Research Instrumentation program
and the very large projects funded by the Major Research Equipment and
Facilities Construction program.
(b) Report on Mid-scale Research Instrumentation Program.--Not
later than 1 year after the date of enactment of this Act, the National
Science Board shall submit to Congress a report on mid-scale research
instrumentation at the Foundation. At a minimum, this report shall
include--
(1) the findings from the Board's evaluation of
instrumentation needs required under subsection (a), including
a description of differences across disciplines and Foundation
research directorates;
(2) a recommendation or recommendations regarding how the
Foundation should set priorities for mid-scale instrumentation
across disciplines and Foundation research directorates;
(3) a recommendation or recommendations regarding the
appropriateness of expanding existing programs, including the
Major Research Instrumentation program or the Major Research
Equipment and Facilities Construction program, to support more
instrumentation at the mid-scale;
(4) a recommendation or recommendations regarding the need
for and appropriateness of a new, Foundation-wide program or
initiative in support of mid-scale instrumentation, including
any recommendations regarding the administration of and budget
for such a program or initiative and the appropriate scope of
instruments to be funded under such a program or initiative;
and
(5) any recommendation or recommendations regarding other
options for supporting mid-scale research instrumentation at
the Foundation.
SEC. 226. SENSE OF CONGRESS ON OVERALL SUPPORT FOR RESEARCH
INFRASTRUCTURE AT THE FOUNDATION.
It is the sense of Congress that the Foundation should strive to
keep the percentage of the Foundation budget devoted to research
infrastructure in the range of 24 to 27 percent, as recommended in the
2003 National Science Board report entitled ``Science and Engineering
Infrastructure for the 21st Century''.
SEC. 227. PARTNERSHIPS FOR INNOVATION.
(a) In General.--The Director shall carry out a program to award
merit-reviewed, competitive grants to institutions of higher education
to establish and to expand partnerships that promote innovation and
increase the economic and social impact of research by developing tools
and resources to connect new scientific discoveries to practical uses.
(b) Partnerships.--
(1) In general.--To be eligible for funding under this
section, an institution of higher education must propose
establishment of a partnership that--
(A) includes at least one private sector entity;
and
(B) may include other institutions of higher
education, public sector institutions, private sector
entities, and social enterprise nonprofit
organizations.
(2) Priority.--In selecting grant recipients under this
section, the Director shall give priority to partnerships that
include one or more institutions of higher education that are
among the 100 institutions receiving, over the 3-year period
immediately preceding the awarding of grants, the highest
amount of research funding from the Foundation and at least one
of the following:
(A) A minority serving institution.
(B) A primarily undergraduate institution.
(C) A 2-year institution of higher education.
(c) Program.--Proposals funded under this section shall seek to--
(1) increase the economic or social impact of the most
promising research at the institution or institutions of higher
education that are members of the partnership through knowledge
transfer or commercialization;
(2) increase the engagement of faculty and students across
multiple disciplines and departments, including faculty and
students in schools of business and other appropriate non-STEM
fields and disciplines in knowledge transfer activities;
(3) enhance education and mentoring of students and faculty
in innovation and entrepreneurship through networks, courses,
and development of best practices and curricula;
(4) strengthen the culture of the institution or
institutions of higher education to undertake and participate
in activities related to innovation and leading to economic or
social impact;
(5) broaden the participation of all types of institutions
of higher education in activities to meet STEM workforce needs
and promote innovation and knowledge transfer; and
(6) build lasting partnerships with local and regional
businesses, local and State governments, and other relevant
entities.
(d) Additional Criteria.--In selecting grant recipients under this
section, the Director shall also consider the extent to which the
applicants are able to demonstrate evidence of institutional support
for, and commitment to--
(1) achieving the goals of the program as described in
subsection (c);
(2) expansion to an institution-wide program if the initial
proposal is not for an institution-wide program; and
(3) sustaining any new innovation tools and resources
generated from funding under this program.
(e) Limitation.--No funds provided under this section may be used
to construct or renovate a building or structure.
SEC. 228. PRIZE AWARDS.
(a) Short Title.--This section may be cited as the ``Generating
Extraordinary New Innovations in the United States Act of 2010''.
(b) In General.--The Director shall carry out a pilot program to
award innovation inducement cash prizes in any area of research
supported by the Foundation. The Director may carry out a program of
cash prizes only in conformity with this section.
(c) Topics.--In identifying topics for prize competitions under
this section, the Director shall--
(1) consult widely both within and outside the Federal
Government;
(2) give priority to high-risk, high-reward research
challenges and to problems whose solution could improve the
economic competitiveness of the United States; and
(3) give consideration to the extent to which the topics
have the potential to raise public awareness about federally
sponsored research.
(d) Types of Contests.--The Director shall consider all categories
of innovation inducement prizes, including--
(1) contests in which the award is to the first team or
individual who accomplishes a stated objective; and
(2) contests in which the winner is the team or individual
who comes closest to achieving an objective within a specified
time.
(e) Advertising and Announcement.--
(1) Advertising and solicitation of competitors.--The
Director shall widely advertise prize competitions to encourage
broad participation, including by individuals, institutions of
higher education, nonprofit organizations, and businesses.
(2) Announcement through federal register notice.--The
Director shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include the
subject of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, the process for participants to register for the
competition, the amount of the prize, and the criteria for
awarding the prize, including the method by which the prize
winner or winners will be selected.
(3) Time to announcement.--The Director shall announce a
prize competition within 18 months after receipt of
appropriated funds.
(f) Funding.--
(1) Funding sources.--Prizes under this section shall
consist of Federal appropriated funds and any funds raised
pursuant to donations authorized under section 11(f) of the
National Science Foundation Act of 1950 (42 U.S.C. 1870(f)) for
specific prize competitions.
(2) Announcement of prizes.--The Director may not issue a
notice as required by subsection (e)(2) until all of the funds
needed to pay out the announced amount of the prize have been
appropriated or committed in writing by another entity pursuant
to paragraph (1).
(g) Eligibility.--To be eligible to win a prize under this section,
an individual or entity--
(1) shall have complied with all of the requirements under
this section;
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a United States citizen or
national, or an alien lawfully admitted to the United States
for permanent residence;
(3) shall not be a Federal entity, a Federal employee
acting within the scope of his or her employment, or a person
employed at a Federal laboratory acting within the scope of his
or her employment; and
(4) shall not have utilized Federal funds to engage in
research on the topic for which the prize is being awarded.
(h) Awards.--
(1) Number of competitions.--The Director may announce up
to 5 prize competitions through the end of fiscal year 2013.
(2) Size of award.--The Director may determine the amount
of each prize award based on the prize topic, but no award
shall be less than $1,000,000 or greater than $3,000,000.
(3) Selecting winners.--The Director may convene an expert
panel to select a winner of a prize competition. If the panel
is unable to select a winner, the Director shall determine the
winner of the prize.
(4) Public outreach.--The Director shall publicly award
prizes utilizing the Foundation's existing public affairs and
public outreach resources.
(i) Administering the Competition.--The Director may enter into an
agreement with a private, nonprofit entity to administer the prize
competition, subject to the provisions of this section.
(j) Intellectual Property.--The Federal Government shall not, by
virtue of offering or awarding a prize under this section, be entitled
to any intellectual property rights derived as a consequence of, or in
direct relation to, the participation by a registered participant in a
competition authorized by this section. This subsection shall not be
construed to prevent the Federal Government from negotiating a license
for the use of intellectual property developed for a prize competition
under this section.
(k) Liability.--The Director may require a registered participant
in a prize competition under this section to waive liability against
the Federal Government for injuries and damages that result from
participation in such competition.
(l) Nonsubstitution.--Any programs created under this section shall
not be considered a substitute for Federal research and development
programs.
(m) Reporting Requirement.--Not later than 5 years after the date
of enactment of this Act, the National Science Board shall transmit to
Congress a report containing the results of a review and assessment of
the pilot program under this section, including--
(1) a description of the nature and status of all completed
or ongoing prize competitions carried out under this section,
including any scientific achievements, publications,
intellectual property, or commercialized technology that
resulted from such competitions;
(2) any recommendations regarding changes to, the
termination of, or continuation of the pilot program;
(3) an analysis of whether the program is attracting
contestants more diverse than the Foundation's traditional
academic constituency;
(4) an analysis of whether public awareness of innovation
or of the goal of the particular prize or prizes is enhanced;
(5) an analysis of whether the Foundation's public image or
ability to increase public scientific literacy is enhanced
through the use of innovation inducement prizes; and
(6) an analysis of the extent to which private funds are
being used to support registered participants.
(n) Early Termination of Contests.--The Director shall terminate a
prize contest before any registered participant wins if the Director
determines that an unregistered entity has produced an innovation that
would otherwise have qualified for the prize award.
(o) Authorization of Appropriations.--
(1) In general.--
(A) Awards.--There are authorized to be
appropriated to the Director for the period
encompassing fiscal years 2011 through 2013 $12,000,000
for carrying out this section.
(B) Administration.--Of the amounts authorized in
subparagraph (A), not more than 15 percent for each
fiscal year shall be available for the administrative
costs of carrying out this section.
(2) Carryover of funds.--Funds appropriated for prize
awards under this section shall remain available until
expended, and may be transferred, reprogrammed, or expended for
other purposes as authorized by law only after the expiration
of 7 fiscal years after the fiscal year for which the funds
were originally appropriated. No provision in this section
permits obligation or payment of funds in violation of section
1341 of title 31 of the United States Code (commonly referred
to as the Anti-Deficiency Act).
SEC. 229. COLLABORATION IN PLANNING FOR STEWARDSHIP OF LARGE-SCALE
FACILITIES.
It is the sense of Congress that the Foundation should, in its
planning for construction and stewardship of large facilities,
coordinate and collaborate with other Federal agencies, including the
Department of Energy's Office of Science, to ensure that joint
investments may be made when practicable. In particular, the Foundation
should ensure that it responds to recommendations by the National
Academy of Sciences and working groups convened by the National Science
and Technology Council regarding such facilities and opportunities for
partnership with other agencies in the design and construction of such
facilities. For facilities in which research in multiple disciplines
will be possible, the Director should include multiple units within the
Foundation during the planning process.
SEC. 230. GREEN CHEMISTRY BASIC RESEARCH.
The Director shall establish a Green Chemistry Basic Research
program to award competitive, merit-based grants to support research
into green and sustainable chemistry which will lead to clean, safe,
and economical alternatives to traditional chemical products and
practices. The research program shall provide sustained support for
green chemistry research, education, and technology transfer through--
(1) merit-reviewed competitive grants to individual
investigators and teams of investigators, including, to the
extent practicable, young investigators, for research;
(2) grants to fund collaborative research partnerships
among universities, industry, and nonprofit organizations;
(3) symposia, forums, and conferences to increase outreach,
collaboration, and dissemination of green chemistry advances
and practices; and
(4) education, training, and retraining of undergraduate
and graduate students and professional chemists and chemical
engineers, including through partnerships with industry, in
green chemistry science and engineering.
Subtitle C--STEM Education and Workforce Training
SEC. 241. GRADUATE STUDENT SUPPORT.
(a) Finding.--The Congress finds that--
(1) the Integrative Graduate Education and Research
Traineeship program is an important program for training the
next generation of scientists and engineers in team-based
interdisciplinary research and problem solving, and for
providing them with the many additional skills, such as
communication skills, needed to thrive in diverse STEM careers;
and
(2) the Integrative Graduate Education and Research
Traineeship program is no less valuable to the preparation and
support of graduate students than the Foundation's Graduate
Research Fellowship program.
(b) Equal Treatment of IGERT and GRF.--Beginning in fiscal year
2011, the Director shall increase or, if necessary, decrease funding
for the Foundation's Integrative Graduate Education and Research
Traineeship program (or any program by which it is replaced) at least
at the same rate as it increases or decreases funding for the Graduate
Research Fellowship program.
(c) Support for Graduate Student Research From the Research
Account.--For each of the fiscal years 2011 through 2015, at least 50
percent of the total Foundation funds allocated to the Integrative
Graduate Education and Research Traineeship program and the Graduate
Research Fellowship program shall come from funds appropriated for
Research and Related Activities.
(d) Cost of Education Allowance for GRF Program.--Section 10 of the
National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended--
(1) by inserting ``(a)'' before ``The Foundation is
authorized''; and
(2) by adding at the end the following new subsection:
``(b) The Director shall establish for each year the amount to be
awarded for scholarships and fellowships under this section for that
year. Each such scholarship and fellowship shall include a cost of
education allowance of $12,000, subject to any restrictions on the use
of cost of education allowance as determined by the Director.''.
SEC. 242. POSTDOCTORAL FELLOWSHIP IN STEM EDUCATION RESEARCH.
(a) In General.--The Director shall establish postdoctoral
fellowships in STEM education research to provide recent doctoral
degree graduates in STEM fields with the necessary skills to assume
leadership roles in STEM education research, program development, and
evaluation in our Nation's diverse educational institutions.
(b) Awards.--
(1) Duration.--Fellowships may be awarded under this
section for a period of up to 24 months in duration, renewable
for an additional 12 months. The Director shall establish
criteria for eligibility for renewal of the fellowship.
(2) Stipend.--The Director shall determine the amount of
the award for a fellowship, which shall include a stipend and a
research allowance, and may include an educational allowance.
(3) Location.--A fellowship shall be awarded for research
at any institution of higher education that offers degrees in
fields supported by the Foundation, or at any institution or
organization that the Director determines is eligible for
education research grants from the Foundation.
(4) Number of awards.--The Director may award up to 20 new
fellowships per year.
(c) Research.--Fellowships under this section shall be awarded for
research on STEM education at any educational level, including grades
pre-K-12, undergraduate, graduate, and general public education, in
both formal and informal settings. Research topics may include--
(1) learning processes and progressions;
(2) knowledge transfer, including curriculum development;
(3) uses of technology as teaching and learning tools;
(4) integrating STEM fields; and
(5) assessment of student learning and program evaluation.
(d) Eligibility.--To be eligible for a fellowship under this
section, an individual must--
(1) be a United States citizen or national, or an alien
lawfully admitted to the United States for permanent residence,
at the time of application; and
(2) have received a doctoral degree in one of the STEM
fields supported by the Foundation within 3 years prior to the
fellowship application deadline.
(e) Outreach.--In carrying out the program under this section, the
Director shall conduct outreach efforts to encourage applications from
underrepresented groups.
SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.
(a) Matching Requirement.--Section 10A(h)(1) of the National
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(h)(1))
is amended to read as follows:
``(1) In general.--An eligible entity receiving a grant
under this section shall provide, from non-Federal sources, to
carry out the activities supported by the grant--
``(A) in the case of grants in an amount of less
than $1,500,000, an amount equal to at least 30 percent
of the amount of the grant, at least one half of which
shall be in cash; and
``(B) in the case of grants in an amount of
$1,500,000 or more, an amount equal to at least 50
percent of the amount of the grant, at least one half
of which shall be in cash.''.
(b) Retiring STEM Professionals.--Section 10A of the National
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a) is
amended in subsection (a)(2)(A) by inserting ``including retiring
professionals in those fields,'' after ``mathematics professionals,''.
SEC. 244. INSTITUTIONS SERVING PERSONS WITH DISABILITIES.
For the purposes of the activities and programs supported by the
Foundation, institutions of higher education chartered to serve large
numbers of students with disabilities, including Gallaudet University,
Landmark College, and the National Technical Institute for the Deaf,
shall have a designation consistent with the designation for other
institutions that serve populations underrepresented in STEM to ensure
that institutions of higher education chartered to serve persons with
disabilities can benefit from STEM bridge programs and from research
partnerships with major research universities. Nothing in this section
shall be construed to amend or otherwise affect any of the definitions
for minority-serving institutions under title III or title V of the
Higher Education Act of 1965.
SEC. 245. INSTITUTIONAL INTEGRATION.
(a) Innovation Through Institutional Integration.--The Director
shall award grants for the institutional integration of projects funded
by the Foundation with a focus on education, or on broadening
participation in STEM by underrepresented groups, for the purpose of
increasing collaboration and coordination across funded projects and
institutions and expanding the impact of such projects within and among
institutions of higher education in an innovative and sustainable
manner.
(b) Program Activities.--The program under this section shall
support integrative activities that involve the strategic and
innovative combination of Foundation-funded projects and that provide
for--
(1) additional opportunities to increase the recruitment,
retention, and degree attainment of underrepresented groups in
STEM disciplines;
(2) the inclusion of programming, practices, and policies
that encourage the integration of education and research;
(3) seamless transitions from one educational level to
another, including from a 2-year to a 4-year institution; and
(4) other activities that expand and deepen the impact of
Foundation-funded projects with a focus on education, or on
broadening participation in STEM by underrepresented groups,
and enhance their sustainability.
(c) Review Criteria.--In selecting recipients of grants under this
section, the Director shall consider at a minimum--
(1) the extent to which the proposed project addresses the
goals of project and program integration and adds value to the
existing funded projects;
(2) the extent to which there is a proven record of success
for the existing projects on which the proposed integration
project is based; and
(3) the extent to which the proposed project addresses the
modification of programming, practices, and policies necessary
to achieve the purpose described in subsection (a).
(d) Priority.--In selecting recipients of grants under this
section, the Director shall give priority to proposals for which a
senior institutional administrator, including a dean or other
administrator of equal or higher rank, serves as the principal
investigator.
SEC. 246. POSTDOCTORAL RESEARCH FELLOWSHIPS.
(a) In General.--The Director shall establish a Foundation-wide
postdoctoral research fellowship program, to award competitive, merit-
based postdoctoral research fellowships in any field of research
supported by the Foundation.
(b) Duration and Amount.--Fellowships may be awarded under this
section for a period of up to 3 years in duration. The Director shall
determine the amount of the award for a fellowship, which shall include
a stipend and a research allowance, and may include an educational
allowance.
(c) Eligibility.--To be eligible to receive a fellowship under this
section, an individual--
(1) must be a United States citizen or national, or an
alien lawfully admitted to the United States for permanent
residence, at the time of application;
(2) must have received a doctoral degree in any field of
research supported by the Foundation within 3 years prior to
the fellowship application deadline, or will complete a
doctoral degree no more than 1 year after the application
deadline; and
(3) may not have previously received funding as the
principal investigator of a research grant from the Foundation,
unless such funding was received as a graduate student.
(d) Priority.--In evaluating applications for fellowships under
this section, the Director shall give priority to applications that
include--
(1) proposals for interdisciplinary research; or
(2) proposals for high-risk, high-reward research.
(e) Additional Considerations.--
(1) In general.--In evaluating applications for fellowships
under this section, the Director shall give consideration to
the goal of promoting the participation of individuals
identified in section 33 or 34 of the Science and Engineering
Equal Opportunities Act (42 U.S.C. 1885a or 1885b) and
veterans.
(2) Definition.--For purposes of this subsection, the term
``veteran'' means a person who--
(A) served on active duty (other than active duty
for training) in the Armed Forces of the United States
for a period of more than 180 consecutive days, and who
was discharged or released therefrom under conditions
other than dishonorable; or
(B) served on active duty (other than active duty
for training) in the Armed Forces of the United States
and was discharged or released from such service for a
service-connected disability before serving 180
consecutive days.
For purposes of subparagraph (B), the term ``service-
connected'' has the meaning given such term under section 101
of title 38, United States Code.
(f) Nonsubstitution.--The fellowship program authorized under this
section is not intended to replace or reduce support for postdoctoral
research through existing programs at the Foundation.
(g) Outreach.--In carrying out the program under this section, the
Director shall conduct outreach efforts to encourage applications from
underrepresented groups.
SEC. 247. BROADENING PARTICIPATION TRAINING AND OUTREACH.
The Director shall provide education and training--
(1) to Foundation staff and grant proposal review panels on
effective mechanisms and tools for broadening participation in
STEM by underrepresented groups, including reviewer selection
and mitigation of implicit bias in the review process; and
(2) to Foundation staff on related outreach approaches.
SEC. 248. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM.
Section 17 of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-6) is amended to read as follows:
``SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM.
``(a) In General.--The Director shall award grants, on a
competitive, merit-reviewed basis, to institutions of higher education
(or to consortia thereof) to reform undergraduate STEM education for
the purpose of increasing the number and quality of students studying
toward and completing baccalaureate degrees in STEM and improving the
STEM learning outcomes for all undergraduate students, including
through--
``(1) development, implementation, and assessment of
innovative, research-based approaches to transforming the
teaching and learning of disciplinary or interdisciplinary STEM
at the undergraduate level; and
``(2) expansion of successful STEM reform efforts beyond a
single course or group of courses to achieve reform within an
entire academic unit, or expansion of successful reform efforts
beyond a single academic unit to other STEM academic units
within an institution or to comparable academic units at other
institutions.
``(b) Uses of Funds.--Activities supported by grants under this
section may include--
``(1) creation of multidisciplinary or interdisciplinary
courses or programs that formalize collaborations for the
purpose of improved student instruction and research in STEM;
``(2) expansion of undergraduate STEM research
opportunities to include interdisciplinary research
opportunities and research opportunities in industry, at
Federal labs, and at international research institutions or
research sites;
``(3) implementation or expansion of bridge programs,
including programs that address student transition from 2-year
to 4-year institutions, and cohort, tutoring, or mentoring
programs proven to enhance student recruitment or persistence
to degree completion in STEM, including recruitment or
persistence to degree completion of individuals identified in
section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b);
``(4) improvement of undergraduate STEM education for
nonmajors, including education majors;
``(5) implementation of evidence-based, technology-driven
reform efforts that directly impact undergraduate STEM
instruction or research experiences;
``(6) development and implementation of faculty and
graduate teaching assistant development programs focused on
improved instruction, mentoring, assessment of student
learning, and support of undergraduate STEM students;
``(7) support for graduate students and postdoctoral
fellows to participate in instructional or assessment
activities at primarily undergraduate institutions;
``(8) research on teaching and learning of STEM at the
undergraduate level related to the proposed reform effort,
including assessment and evaluation of the proposed reform
activities, research on scalability and sustainability of
approaches to reform, and development and implementation of
longitudinal studies of students included in the proposed
reform effort; and
``(9) support for initiatives that advance the integration
of global challenges such as sustainability into disciplinary
and interdisciplinary STEM education.
``(c) Partnership.--An institution of higher education may partner
with one or more other nonprofit education or research organizations,
including scientific and engineering societies, for the purposes of
carrying out the activities authorized under this section.
``(d) Selection Process.--
``(1) Applications.--An institution of higher education
seeking a grant under this section shall submit an application
to the Director at such time, in such manner, and containing
such information as the Director may require. The application
shall include, at a minimum--
``(A) a description of the proposed reform effort;
``(B) a description of the research findings that
will serve as the basis for the proposed reform effort
or, in the case of applications that propose an
expansion of a previously implemented reform effort, a
description of the previously implemented reform
effort, including indicators of success such as data on
student recruitment, persistence to degree completion,
and academic achievement;
``(C) evidence of institutional support for, and
commitment to, the proposed reform effort, including
long-term commitment to implement successful strategies
from the current reform effort beyond the academic unit
or units included in the grant proposal or to
disseminate successful strategies to other
institutions;
``(D) a description of existing or planned
institutional policies and practices regarding faculty
hiring, promotion, tenure, and teaching assignment that
reward faculty contributions to undergraduate STEM
education; and
``(E) a description of the plans for assessment and
evaluation of the proposed reform activities, including
evidence of participation by individuals with
experience in assessment and evaluation of teaching and
learning programs.
``(2) Review of applications.--In selecting grant
recipients under this section, the Director shall consider at a
minimum--
``(A) the likelihood of success in undertaking the
proposed effort at the institution submitting the
application, including the extent to which the faculty,
staff, and administrators of the institution are
committed to making the proposed institutional reform a
priority of the participating academic unit or units;
``(B) the degree to which the proposed reform will
contribute to change in institutional culture and
policy such that a greater value is placed on faculty
engagement in undergraduate education;
``(C) the likelihood that the institution will
sustain or expand the reform beyond the period of the
grant; and
``(D) the degree to which scholarly assessment and
evaluation plans are included in the design of the
reform effort, including the degree to which such
assessment and evaluation contribute to the systematic
accumulation of knowledge on STEM education.
``(3) Priority.--For proposals that include an expansion of
existing reform efforts beyond a single academic unit, the
Director shall give priority to proposals for which a senior
institutional administrator, including a dean or other
administrator of equal or higher rank, serves as the principal
investigator or a coprincipal investigator.
``(4) Grant distribution.--The Director shall ensure, to
the extent practicable, that grants awarded under this section
are made to a variety of types of institutions of higher
education.''.
SEC. 249. TWENTY-FIRST CENTURY GRADUATE EDUCATION.
(a) In General.--The Director shall award grants, on a competitive,
merit-reviewed basis, to institutions of higher education to implement
or expand research-based reforms in master's and doctoral level STEM
education that emphasize preparation for diverse careers utilizing STEM
degrees, including at diverse types of institutions of higher
education, in industry, and at government agencies and research
laboratories.
(b) Uses of Funds.--Activities supported by grants under this
section may include--
(1) creation of multidisciplinary or interdisciplinary
courses or programs for the purpose of improved student
instruction and research in STEM;
(2) expansion of graduate STEM research opportunities to
include interdisciplinary research opportunities and research
opportunities in industry, at Federal laboratories, and at
international research institutions or research sites;
(3) development and implementation of future faculty
training programs focused on improved instruction, mentoring,
assessment of student learning, and support of undergraduate
STEM students;
(4) support and training for graduate students to
participate in instructional activities beyond the traditional
teaching assistantship, and especially as part of ongoing
educational reform efforts, including at pre-K-12 schools,
informal science education institutions, and primarily
undergraduate institutions;
(5) creation, improvement, or expansion of innovative
graduate programs such as science master's degree programs;
(6) development and implementation of seminars, workshops,
and other professional development activities that increase the
ability of graduate students to engage in innovation,
technology transfer, and entrepreneurship;
(7) development and implementation of seminars, workshops,
and other professional development activities that increase the
ability of graduate students to effectively communicate their
research findings to technical audiences outside of their own
discipline and to nontechnical audiences;
(8) expansion of successful STEM reform efforts beyond a
single academic unit to other STEM academic units within an
institution or to comparable academic units at other
institutions; and
(9) research on teaching and learning of STEM at the
graduate level related to the proposed reform effort, including
assessment and evaluation of the proposed reform activities and
research on scalability and sustainability of approaches to
reform.
(c) Partnership.--An institution of higher education may partner
with one or more other nonprofit education or research organizations,
including scientific and engineering societies, for the purposes of
carrying out the activities authorized under this section.
(d) Selection Process.--
(1) Applications.--An institution of higher education
seeking a grant under this section shall submit an application
to the Director at such time, in such manner, and containing
such information as the Director may require. The application
shall include, at a minimum--
(A) a description of the proposed reform effort;
(B) in the case of applications that propose an
expansion of a previously implemented reform effort at
the applicant's institution or at other institutions, a
description of the previously implemented reform
effort;
(C) evidence of institutional support for, and
commitment to, the proposed reform effort, including
long-term commitment to implement successful strategies
from the current reform effort beyond the academic unit
or units included in the grant proposal or to
disseminate successful strategies to other
institutions; and
(D) a description of the plans for assessment and
evaluation of the grant proposed reform activities.
(2) Review of applications.--In selecting grant recipients
under this section, the Director shall consider at a minimum--
(A) the likelihood of success in undertaking the
proposed effort at the institution submitting the
application, including the extent to which the faculty,
staff, and administrators of the institution are
committed to making the proposed institutional reform a
priority of the participating academic unit or units;
(B) the degree to which the proposed reform will
contribute to change in institutional culture and
policy such that a greater value is placed on preparing
graduate students for diverse careers utilizing STEM
degrees;
(C) the likelihood that the institution will
sustain or expand the reform beyond the period of the
grant; and
(D) the degree to which scholarly assessment and
evaluation plans are included in the design of the
reform effort.
(e) Repeal.--Section 7034 of the America COMPETES Act (42 U.S.C.
1862o-13) is repealed.
SEC. 250. UNDERGRADUATE BROADENING PARTICIPATION PROGRAM.
(a) Undergraduate Broadening Participation Program.--The Foundation
shall continue to support the Historically Black Colleges and
Universities Undergraduate Program, the Louis Stokes Alliances for
Minority Participation program, and the Tribal Colleges and
Universities Program as separate programs at least through September
30, 2011.
(b) Plan.--Prior to any realignment or consolidation of the
programs described in subsection (a), in addition to the Hispanic-
Serving Institutions Undergraduate Program required by section 7033 of
the America COMPETES Act (42 U.S.C. 1862o-12), the Director shall
develop a plan clarifying the objectives and rationale for such
changes. The plan shall include a description of how such changes would
result in--
(1) meeting or strengthening the common goal of the
separate programs to increase the number of individuals from
underrepresented groups attaining undergraduate STEM degrees;
and
(2) addressing the unique needs of the different types of
minority serving institutions and underrepresented groups
currently provided for by the separate programs.
(c) Recommendations.--In the development of the plan required under
subsection (b), the Director shall at a minimum--
(1) consider the recommendations and findings of the
National Academy of Sciences report required by section 7032 of
the America COMPETES Act (Public Law 110-69); and
(2) solicit recommendations and feedback from a wide range
of stakeholders, including representatives from minority
serving institutions, other institutions of higher education,
and other entities with expertise on effective mechanisms to
increase the recruitment and retention of members of
underrepresented groups in STEM fields, and the attainment of
STEM degrees by underrepresented groups.
(d) Approval by Congress.--The plan developed under this section
shall be transmitted to Congress at least 3 months prior to the
implementation of any realignment or consolidation of the programs
described in subsection (a).
SEC. 251. GRAND CHALLENGES IN EDUCATION RESEARCH.
(a) In General.--The Director and the Secretary of Education shall
collaborate, in consultation with the Director of the National
Institutes of Health, in--
(1) identifying, prioritizing, and developing strategies to
address grand challenges in research and development on the
teaching and learning of STEM at the pre-K-12 level, in formal
and informal settings, for diverse learning populations,
including individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b), and students in rural schools;
(2) carrying out research and development to address the
grand challenges identified in paragraph (1); and
(3) ensuring the dissemination of the results of such
research and development.
(b) Stakeholder Input.--In identifying the grand challenges
required in subsection (a), the Director and the Secretary shall--
(1) take into consideration critical research gaps
identified in existing reports, including reports by the
National Academies, on the teaching and learning of STEM at the
pre-K-12 level in formal and informal settings; and
(2) solicit input from a wide range of stakeholders,
including local and State education officials, STEM teachers,
STEM education researchers, scientific and engineering
societies, STEM faculty at institutions of higher education,
informal STEM education providers, businesses with a large STEM
workforce, and other stakeholders in the teaching and learning
of STEM at the pre-K-12 level, and may enter into an
arrangement with the National Research Council for these
purposes.
(c) Topics to Consider.--In identifying the grand challenges
required in subsection (a), the Director and the Secretary, in order to
provide students with increased access to rigorous courses of study in
STEM, increase the number of students who are prepared for advanced
study and careers in STEM, and increase the effective teaching of STEM
subjects, shall at a minimum consider the following topics:
(1) Research on scalability, sustainability, and
replication of successful STEM activities, programs, and
models, in formal and informal environments.
(2) Research that utilizes a systems approach to
identifying challenges and opportunities to improve the
teaching and learning of STEM, including development and
evaluation of model systems that support improved teaching and
learning of STEM across entire school districts and States, and
encompassing and integrating the teaching and learning of STEM
in formal and informal venues, and in K-12 schools and
institutions of higher education.
(3) Research to understand what makes a STEM teacher
effective and pre-service and in-service STEM teacher training
and professional development effective, including development
of tools and methodologies to measure STEM teacher
effectiveness.
(4) Research and development on cyber-enabled tools and
programs and television based tools and programs for learning
and teaching STEM, including development of tools and
methodologies for assessing cyber and television enabled
teaching and learning.
(5) Research and development on STEM teaching and learning
in informal environments, including development of tools and
methodologies for assessing STEM teaching and learning in
informal environments.
(6) Research and development on how integrating engineering
with mathematics and science education may--
(A) improve student learning of mathematics and
science;
(B) increase student interest and persistence in
STEM; or
(C) improve student understanding of engineering
design principles and of the built world.
(7) Research to understand what makes hands-on, inquiry-
based classroom experiences effective, including development of
tools and methodologies for assessing such experiences.
(d) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Director and the Secretary shall report back
to Congress with a description of--
(1) the grand challenges identified pursuant to this
section;
(2) the role of each agency in supporting research and
development activities to address the grand challenges;
(3) the common metrics that will be used to assess progress
toward meeting the grand challenges;
(4) plans for periodically updating the grand challenges;
(5) how the agencies will disseminate the results of
research and development activities carried out under this
section to STEM education practitioners, to other Federal
agencies that support STEM programs and activities, and to non-
Federal funders of STEM education; and
(6) how the agencies will support implementation of best
practices identified by the research and development
activities.
SEC. 252. RESEARCH EXPERIENCES FOR UNDERGRADUATES.
(a) Research Sites.--The Director shall award grants, on a merit-
reviewed, competitive basis, to institutions of higher education,
nonprofit organizations, or consortia of such institutions and
organizations, for sites designated by the Director to provide research
experiences for 6 or more undergraduate STEM students for sites
designated at primarily undergraduate institutions of higher education
and 10 or more undergraduate STEM students for all other sites, with
consideration given to the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). The
Director shall ensure that--
(1) at least half of the students participating in a
program funded by a grant under this subsection at each site
shall be recruited from institutions of higher education where
research opportunities in STEM are limited, including 2-year
institutions;
(2) the awards provide undergraduate research experiences
in a wide range of STEM disciplines;
(3) the awards support a variety of projects, including
independent investigator-led projects, interdisciplinary
projects, and multi-institutional projects (including virtual
projects);
(4) students participating in each program funded have
mentors, including during the academic year to the extent
practicable, to help connect the students' research experiences
to the overall academic course of study and to help students
achieve success in courses of study leading to a baccalaureate
degree in a STEM field;
(5) mentors and students are supported with appropriate
salary or stipends; and
(6) student participants are tracked, for employment and
continued matriculation in STEM fields, through receipt of the
undergraduate degree and for at least 3 years thereafter.
(b) Inclusion of Undergraduates in Standard Research Grants.--The
Director shall require that every recipient of a research grant from
the Foundation proposing to include 1 or more students enrolled in
certificate, associate, or baccalaureate degree programs in carrying
out the research under the grant shall request support, including
stipend support, for such undergraduate students as part of the
research proposal itself rather than as a supplement to the research
proposal, unless such undergraduate participation was not foreseeable
at the time of the original proposal.
SEC. 253. LABORATORY SCIENCE PILOT PROGRAM.
Section 7026 of the America COMPETES Act (Public Law 110-69) is
amended by striking subsections (d) and (e).
SEC. 254. STEM INDUSTRY INTERNSHIP PROGRAMS.
(a) In General.--The Director may award grants, on a competitive,
merit-reviewed basis, to institutions of higher education, or consortia
thereof, to establish or expand partnerships with local or regional
private sector entities, for the purpose of providing undergraduate
students with integrated internship experiences that connect private
sector internship experiences with the students' STEM coursework. Such
partnerships may also include industry or professional associations.
(b) Priority.--In awarding grants under this section, the Director
shall give priority to institutions of higher education or consortia
thereof that demonstrate significant outreach to and coordination with
local or regional private sector entities in developing academic
courses designed to provide students with the skills necessary for
employment in local or regional companies.
(c) Outreach to Rural Communities.--The Foundation shall conduct
outreach to institutions of higher education and private sector
entities in rural areas to encourage those entities to participate in
partnerships under this section.
(d) Cost-share.--The Director shall require a 50 percent non-
Federal cost-share from partnerships established or expanded under this
section.
(e) Restriction.--No Federal funds provided under this section may
be used--
(1) for the purpose of providing stipends or compensation
to students for private sector internships; or
(2) as payment or reimbursement to private sector entities,
except for institutions of higher education.
(f) Report.--Not less than 3 years after the date of enactment of
this Act, the Director shall submit a report to Congress on the number
and total value of awards made under this section, the number of
students affected by those awards, any evidence of the effect of those
awards on workforce preparation and jobs placement for participating
students, and an economic and ethnic breakdown of the participating
students.
SEC. 255. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM.
(a) In General.--The Director shall continue to support a program
to award grants on a competitive, merit-reviewed basis to tribal
colleges and universities (as defined in section 316 of the Higher
Education Act of 1965 (20 U.S.C. 1059c)), including institutions
described in section 317 of such Act (20 U.S.C. 1059d), to enhance the
quality of undergraduate STEM education at such institutions and to
increase the retention and graduation rates of Native American students
pursuing associate's or baccalaureate degrees in STEM.
(b) Program Components.--Grants awarded under this section shall
support--
(1) activities to improve courses and curriculum in STEM;
(2) faculty development;
(3) stipends for undergraduate students participating in
research; and
(4) other activities consistent with subsection (a), as
determined by the Director.
(c) Instrumentation.--Funding provided under this section may be
used for instrumentation.
SEC. 256. CYBER-ENABLED LEARNING FOR NATIONAL CHALLENGES.
The Director shall, in consultation with appropriate Federal
agencies, identify ways to use cyber-enabled learning to create an
innovative STEM workforce and to help retrain and retain our existing
STEM workforce to address national challenges, including national
security and competitiveness.
SEC. 257. SENSE OF CONGRESS.
It is the sense of Congress that retaining graduate-level talent
trained at American universities in Science, Technology, Engineering,
and Mathematics (STEM) fields is critical to enhancing the
competitiveness of American businesses.
TITLE III--STEM EDUCATION
SEC. 301. COORDINATION OF FEDERAL STEM EDUCATION.
(a) Short Title.--This section may be cited as the ``STEM Education
Coordination Act of 2010''.
(b) Definition.--In this section, the term ``STEM'' means science,
technology, engineering, and mathematics.
(c) Establishment.--The Director of the Office of Science and
Technology Policy shall establish a committee under the National
Science and Technology Council with the responsibility to coordinate
Federal programs and activities in support of STEM education, including
at the National Science Foundation, the Department of Energy, the
National Aeronautics and Space Administration, the National Oceanic and
Atmospheric Administration, the Department of Education, and all other
Federal agencies that have programs and activities in support of STEM
education.
(d) Responsibilities of the Committee.--The committee established
under subsection (c) shall--
(1) coordinate the STEM education activities and programs
of the Federal agencies;
(2) develop, implement through the participating agencies,
and update once every 5 years a 5-year STEM education strategic
plan, which shall--
(A) specify and prioritize annual and long-term
objectives;
(B) specify the common metrics that will be used to
assess progress toward achieving the objectives;
(C) describe the approaches that will be taken by
each participating agency to assess the effectiveness
of its STEM education programs and activities;
(D) with respect to subparagraph (A), describe the
role of each agency in supporting programs and
activities designed to achieve the objectives;
(E) describe the approaches that will be taken by
each agency to increase the participation of
underrepresented minority groups in STEM studies and
careers both for programs specifically designed to
broaden participation and for all programs in general,
including by providing for programs and activities that
increase participation by individuals in these groups
at all institutions, and by increasing the engagement
of Historically Black Colleges and Universities and
minority-serving institutions in the STEM education and
outreach activities supported by the agencies; and
(F) describe the approaches that will be taken by
each participating agency to conduct outreach designed
to promote widespread public understanding of career
opportunities in the STEM fields specific to the
workforce needs of each agency, including outreach to
women, Latinos, African-Americans, Native Americans,
and other students from groups underrepresented in
STEM; and
(3) establish, periodically update, and maintain an
inventory of federally sponsored STEM education programs and
activities, including documentation of assessments of the
effectiveness of such programs and activities and rates of
participation by underrepresented minorities in such programs
and activities; and
(4) establish and maintain a publically accessible online
database of all federally sponsored STEM education programs and
activities at all levels and for all audiences, including
students, teachers, and the general public.
(e) Responsibilities of OSTP.--The Director of the Office of
Science and Technology Policy shall encourage and monitor the efforts
of the participating agencies to ensure that the strategic plan under
subsection (d)(2) is developed and executed effectively and that the
objectives of the strategic plan are met.
(f) Report.--The Director of the Office of Science and Technology
Policy shall transmit a report annually to Congress at the time of the
President's budget request describing the plan required under
subsection (d)(2). The annual report shall include--
(1) a description of the STEM education programs and
activities for the previous and current fiscal years, and the
proposed programs and activities under the President's budget
request, of each participating Federal agency;
(2) the levels of funding for each participating Federal
agency for the programs and activities described under
paragraph (1) for the previous fiscal year and under the
President's budget request;
(3) except for the initial annual report, a description of
the progress made in carrying out the implementation plan,
including a description of the outcome of any program
assessments completed in the previous year, and any changes
made to that plan since the previous annual report; and
(4) a description of how the participating Federal agencies
will disseminate information about federally supported
resources for STEM education practitioners, including teacher
professional development programs, to States and to STEM
education practitioners, including to teachers and
administrators in high-need schools, as defined in section 200
of the Higher Education Act of 1965 (20 U.S.C. 1021).
SEC. 302. ADVISORY COMMITTEE ON STEM EDUCATION.
(a) In General.--The President shall establish or designate an
advisory committee on science, technology, engineering, and mathematics
(STEM) education.
(b) Membership.--The advisory committee established or designated
by the President under subsection (a) shall be chaired by at least 2
members of the President's Council of Advisors on Science and
Technology, with the remaining advisory committee membership consisting
of non-Federal members who are specially qualified to provide the
President with advice and information on STEM education. Membership of
the advisory committee, at a minimum, shall include individuals from
the following categories of individuals and organizations:
(1) Elementary school and secondary school administrator
associations.
(2) STEM educator professional associations.
(3) Organizations that provide informal STEM education
activities.
(4) Institutions of higher education.
(5) Scientific and engineering professional societies.
(6) Business and industry associations.
(7) Foundations that fund STEM education activities.
(c) Responsibilities.--The responsibilities of the advisory
committee shall include--
(1) soliciting input from teachers and administrators in
both public and private schools, local educational agencies,
States, and other public and private STEM education stakeholder
groups for the purpose of informing the Federal agencies that
support STEM education programs on the STEM education needs of
States and school districts, including the unique needs of
schools in rural areas;
(2) soliciting input from all STEM education, including
through the interagency committee established under section
301, stakeholder groups regarding STEM education programs,
including STEM education research programs, supported by
Federal agencies;
(3) providing advice to the Federal agencies, including
through the interagency committee established under section
301, that support STEM education programs on how their programs
can be better aligned with the needs of States and school
districts as identified in paragraph (1), consistent with the
mission of each agency;
(4) offering guidance to the President on current STEM
education activities, research findings, and best practices,
with the purpose of increasing connectivity between public and
private STEM education efforts;
(5) facilitating improved coordination between federally
supported STEM education programs and activities and State
level activities, including the efforts of P-16 and P-20
councils in the States; and
(6) providing advice to Federal agencies on how their STEM
technical training and education programs can be better aligned
with the workforce needs of States and regions.
(d) Definitions.--For purposes of this section:
(1) P-16.--The term ``P-16'' refers to a system of
education that encompasses preschool through undergraduate
level education.
(2) P-20.--The term ``P-20'' refers to a system of
education that encompasses preschool through graduate level
education.
SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF ENERGY.
(a) Definitions.--Section 5002 of the America COMPETES Act (42
U.S.C. 16531) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Energy systems science and engineering.--The term
`energy systems science and engineering' means--
``(A) nuclear science and engineering, including--
``(i) nuclear engineering;
``(ii) nuclear chemistry;
``(iii) radiochemistry; and
``(iv) health physics;
``(B) hydrocarbon system science and engineering,
including--
``(i) petroleum or reservoir engineering;
``(ii) environmental geoscience;
``(iii) petrophysics;
``(iv) geophysics;
``(v) geochemistry;
``(vi) petroleum geology;
``(vii) ocean engineering;
``(viii) environmental engineering; and
``(ix) carbon capture and sequestration
science and engineering;
``(C) energy efficiency and renewable energy
technology systems science and engineering, including
with respect to--
``(i) solar technology systems;
``(ii) wind technology systems;
``(iii) buildings technology systems;
``(iv) transportation technology systems;
``(v) hydropower systems;
``(vi) marine and hydrokinetic technology
systems;
``(vii) geothermal systems; and
``(viii) biomass technology systems; and
``(D) energy storage and distribution systems
science and engineering, including with respect to--
``(i) energy storage; and
``(ii) energy delivery.''.
(b) Science, Technology, Engineering, and Mathematics Education
Programs.--Subpart B of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381g et seq.) is amended--
(1) in section 3170--
(A) by amending paragraph (1) to read as follows:
``(1) Director.--The term `Director' means the Director of
STEM Education appointed or designated under section
3171(c)(1).'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Energy systems science and engineering.--The term
`energy systems science and engineering' means--
``(A) nuclear science and engineering, including--
``(i) nuclear engineering;
``(ii) nuclear chemistry;
``(iii) radiochemistry; and
``(iv) health physics;
``(B) hydrocarbon system science and engineering,
including--
``(i) petroleum or reservoir engineering;
``(ii) environmental geoscience;
``(iii) petrophysics;
``(iv) geophysics;
``(v) geochemistry;
``(vi) petroleum geology;
``(vii) ocean engineering;
``(viii) environmental engineering; and
``(ix) carbon capture and sequestration
science and engineering;
``(C) energy efficiency and renewable energy
technology systems science and engineering, including
with respect to--
``(i) solar technology systems;
``(ii) wind technology systems;
``(iii) buildings technology systems;
``(iv) transportation technology systems;
``(v) hydropower systems;
``(vi) marine and hydrokinetic technology
systems;
``(vii) geothermal systems; and
``(viii) biomass technology systems; and
``(D) energy storage and distribution systems
science and engineering, including with respect to--
``(i) energy storage; and
``(ii) energy delivery.''; and
(D) by adding at the end the following new
paragraph:
``(4) STEM.--The term `STEM' means science, technology,
engineering, and mathematics.'';
(2) by striking chapters 1, 2, 3, 4, and 6;
(3) by inserting after section 3170 the following new
chapter:
``CHAPTER 1--STEM EDUCATION
``SEC. 3171. STEM EDUCATION.
``(a) In General.--The Secretary of Energy shall develop, conduct,
support, promote, and coordinate formal and informal educational
activities that leverage the Department's unique content expertise and
facilities to contribute to improving STEM education at all levels in
the United States, and to enhance awareness and understanding of STEM,
including energy sciences, in order to create a diverse skilled
scientific and technical workforce essential to meeting the challenges
facing the Department and the Nation in the 21st century.
``(b) Programs.--The Secretary shall carry out evidence-based
programs designed to increase student interest and participation,
including by women and underrepresented minority students, improve
public literacy and support, and improve the teaching and learning of
energy systems science and engineering and other STEM disciplines
supported by the Department. Programs authorized under this subsection
may include--
``(1) informal educational programming designed to excite
and inspire students and the general public about energy
systems science and engineering and other STEM disciplines
supported by the Department, while strengthening their content
knowledge in these fields;
``(2) teacher training and professional development
opportunities for pre-service and in-service elementary and
secondary teachers designed to increase the content knowledge
of teachers in energy systems science and engineering and other
STEM disciplines supported by the Department, including through
hands-on research experiences;
``(3) research opportunities for secondary school students,
including internships at the National Laboratories, that
provide secondary school students with hands-on research
experiences as well as exposure to working scientists;
``(4) research opportunities at the National Laboratories
for undergraduate and graduate students pursuing degrees in
energy systems science and engineering and other STEM
disciplines supported by the Department;
``(5) competitive scholarships, fellowships, and
traineeships for undergraduate and graduate students in energy
systems science and engineering and other STEM disciplines
supported by the Department;
``(6) competitive grants for institutions of higher
education (as defined under section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))), including 2-year
institutions of higher education, to establish or expand degree
programs or courses in energy systems science and engineering;
and
``(7) professional training for energy auditors, field
technicians, and building contractors, in the areas of building
energy retrofits and audits or related renewable energy
technology installations.
``(c) Organization of STEM Education Programs.--
``(1) Director of stem education.--The Secretary shall
appoint or designate a Director of STEM Education, who shall
have the principal responsibility to oversee and coordinate all
programs and activities of the Department in support of STEM
education, including energy systems science and engineering
education, across all functions of the Department.
``(2) Qualifications.--The Director shall be an individual,
who by reason of professional background and experience, is
specially qualified to advise the Secretary on all matters
pertaining to STEM education, including energy systems science
and engineering education, at the Department.
``(3) Duties.--The Director shall--
``(A) oversee and coordinate all programs in
support of STEM education, including energy systems
science and engineering education, across all functions
of the Department;
``(B) represent the Department as the principal
interagency liaison for all STEM education programs,
unless otherwise represented by the Secretary, the
Under Secretary for Science, or the Under Secretary for
Energy;
``(C) prepare the annual budget and advise the
Under Secretary for Science and the Under Secretary for
Energy on all budgetary issues for STEM education,
including energy systems science and engineering
education, relative to the programs of the Department;
``(D) establish, periodically update, and maintain
a publicly accessible online inventory of STEM
education programs and activities, including energy
systems science and engineering education programs and
activities;
``(E) develop, implement, and update the Department
of Energy STEM education strategic plan, as required by
subsection (d);
``(F) increase, to the maximum extent practicable,
the participation and advancement of women and
underrepresented minorities at every level of STEM
education, including energy systems science and
engineering education; and
``(G) perform such other matters relating to STEM
education as are required by the Secretary, the Under
Secretary for Science, or the Under Secretary for
Energy.
``(d) Department of Energy Stem Education Strategic Plan.--The
Director of STEM education appointed or designated under subsection
(c)(1) shall develop, implement, and update once every 3 years a 3-year
STEM education strategic plan for the Department, which shall--
``(1) identify and prioritize annual and long-term STEM
education goals and objectives for the Department that are
aligned with the overall goals of the National Science and
Technology Council Committee on STEM Education Strategic plan
required under section 301(d)(2) of the STEM Education
Coordination Act of 2010;
``(2) describe the role of each program or activity of the
Department in contributing to the goals and objectives
identified under paragraph (1);
``(3) specify the metrics that will be used to assess
progress toward achieving those goals and objectives; and
``(4) describe the approaches that will be taken to assess
the effectiveness of each STEM education program and activity
supported by the Department.
``(e) Outreach to Students From Underrepresented Groups.--In
carrying out a program authorized under this section, the Secretary
shall give consideration to the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).
``(f) Consultation and Partnership With Other Agencies.--In
carrying out the programs and activities authorized under this section,
the Secretary shall--
``(1) consult with the Secretary of Education and the
Director of the National Science Foundation regarding
activities designed to improve elementary and secondary STEM
education; and
``(2) consult and partner with the Director of the National
Science Foundation in carrying out programs under this section
designed to build capacity in STEM education at the
undergraduate and graduate level, including by supporting
excellent proposals in energy systems science and engineering
that are submitted for funding to the Foundation's Advanced
Technological Education Program.''; and
(4) in section 3191--
(A) in subsection (a)--
(i) by striking ``web-based'' and inserting
``, through a publicly available website,'';
and
(ii) by inserting ``and project-based
learning opportunities'' after ``laboratory
experiments'';
(B) in subsection (b)(1), by inserting ``,
including energy systems science and engineering''
after ``the science of energy''; and
(C) by striking subsection (d).
(c) Energy Applied Science Talent Expansion Program for
Institutions of Higher Education.--
(1) Amendment.--Strike sections 5004 and 5005 of the
America COMPETES Act (42 U.S.C. 16532 and 16533) and insert the
following new section:
``SEC. 5004. ENERGY APPLIED SCIENCE TALENT EXPANSION PROGRAM FOR
INSTITUTIONS OF HIGHER EDUCATION.
``(a) Purposes.--The purposes of this section are--
``(1) to address the decline in the number of and resources
available to energy systems science and engineering programs at
institutions of higher education, including community colleges;
and
``(2) to increase the number of graduates with degrees in
energy systems science and engineering, an area of strategic
importance to the economic competitiveness and energy security
of the United States.
``(b) Establishment.--The Secretary shall award grants, on a
competitive, merit-reviewed basis, to institutions of higher education
to implement or expand the energy systems science and engineering
educational and technical training capabilities of the institution, and
to provide merit-based financial support for master's and doctoral
level students pursuing courses of study and research in energy systems
sciences and engineering.
``(c) Use of Funds.--An institution of higher education that
receives a grant under this section may use the grant to--
``(1) provide traineeships, including stipends and cost of
education allowances, to master's and doctoral students;
``(2) develop or expand multidisciplinary or
interdisciplinary courses or programs;
``(3) recruit and retain new faculty;
``(4) develop or improve core and specialized course
content;
``(5) encourage interdisciplinary and multidisciplinary
research collaborations;
``(6) support outreach efforts to recruit students,
including individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b); and
``(7) pursue opportunities for collaboration with industry
and National Laboratories.
``(d) Criteria.--Criteria for awarding a grant under this section
shall be based on--
``(1) the potential to attract new students to the program;
``(2) academic rigor; and
``(3) the ability to offer hands-on education and training
opportunities for graduate students in the emerging areas of
energy systems science and engineering.
``(e) Priority.--The Secretary shall give priority to proposals
that involve active partnerships with a National Laboratory or other
energy systems science and engineering related entity, as determined by
the Secretary.
``(f) Duration and Amount.--
``(1) Duration.--A grant under this section may be for up
to 5 years in duration.
``(2) Amount.--An institution of higher education that
receives a grant under this section shall be eligible for up to
$1,000,000 for each year of the grant period.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $30,000,000 for fiscal year 2011;
``(2) $32,000,000 for fiscal year 2012;
``(3) $36,000,000 for fiscal year 2013;
``(4) $38,000,000 for fiscal year 2014; and
``(5) $40,000,000 for fiscal year 2015.''.
(2) Conforming amendment.--The table of contents for the
America COMPETES Act is amended by striking the items relating
to sections 5004 and 5005 and inserting the following:
Sec. 5004. Energy applied science talent expansion program for
institutions of higher education.
(d) Department of Energy Early Career Awards for Science,
Engineering, and Mathematics Researchers.--Section 5006 of the America
COMPETES Act (42 U.S.C. 16534) is amended--
(1) in subsection (a), by striking ``Director of the
Office'' and all that follows through ``shall carry'' and
inserting ``Secretary shall carry'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by inserting ``per year''
after ``$80,000''; and
(B) in subparagraph (B), by striking ``$125,000''
and inserting ``$175,000 per year'';
(3) in subsection (c)(1), by striking ``, as determined by
the Director'';
(4) in subsections (c)(2), (e), (f), and (g), by striking
``Director'' each place it appears and inserting ``Secretary'';
(5) in subsection (d), by striking ``merit-reviewed'' and
inserting ``merit-based, peer reviewed''; and
(6) in subsection (h)--
(A) by striking ``, acting through the Director,'';
and
(B) by striking ``$25,000,000 for each of fiscal
years 2008 through 2010'' and inserting ``such sums as
are necessary''.
(e) Protecting America's Competitive Edge (PACE) Graduate
Fellowship Program.--Section 5009 of the America COMPETES Act (42
U.S.C. 16536) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``involving
written and oral interviews, that will result in a wide
distribution of awards throughout the United States,'';
and
(B) in paragraph (2)(B)(iv), by striking ``verbal
and'';
(2) in subsection (d)(1)(B)(i), by inserting ``partial or
full'' before ``graduate tuition''; and
(3) by striking subsection (f).
(f) Repeal.--Section 3164 of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381a) is repealed.
SEC. 304. GREEN ENERGY EDUCATION.
(a) Short Title.--This section may be cited as the ``Green Energy
Education Act of 2010''.
(b) Definition.--For the purposes of this section:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) High performance building.--The term ``high performance
building'' has the meaning given that term in section 914(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16194(a)).
(c) Graduate Training in Energy Research and Development.--
(1) Funding.--In carrying out research, development,
demonstration, and commercial application activities authorized
for the Department of Energy, the Secretary may contribute
funds to the National Science Foundation for the Integrative
Graduate Education and Research Traineeship program to support
projects that enable graduate education related to such
activities.
(2) Consultation.--The Director shall consult with the
Secretary when preparing solicitations and awarding grants for
projects described in paragraph (1).
(d) Curriculum Development for High Performance Building Design.--
(1) Funding.--In carrying out advanced energy technology
research, development, demonstration, and commercial
application activities authorized for the Department of Energy
related to high performance buildings, the Secretary may
contribute funds to curriculum development activities at the
National Science Foundation for the purpose of improving
undergraduate or graduate interdisciplinary engineering and
architecture education related to the design and construction
of high performance buildings, including development of
curricula, of laboratory activities, of training practicums, or
of design projects. A primary goal of curriculum development
activities supported under this subsection shall be to improve
the ability of engineers, architects, landscape architects, and
planners to work together on the incorporation of advanced
energy technologies during the design and construction of high
performance buildings.
(2) Consultation.--The Director shall consult with the
Secretary when preparing solicitations and awarding grants for
projects described in paragraph (1).
(3) Priority.--In awarding grants with respect to which the
Secretary has contributed funds under this subsection, the
Director shall give priority to applications from departments,
programs, or centers of a school of engineering that are
partnered with schools, departments, or programs of design,
architecture, landscape architecture, and city, regional, or
urban planning.
SEC. 305. SENSE OF CONGRESS.
It is the Sense of Congress that--
(1) in order to maintain our Nation's competitiveness, we
must improve the quality of STEM education in the Nation;
(2) the incorporation of engineering education at the
elementary and secondary levels has the potential to improve
student learning and achievement in science and mathematics,
and to increase the technological literacy of all students;
(3) formal and informal educational providers, including K-
12 schools, should integrate engineering design principles into
their curriculum; and
(4) exposing elementary and secondary students to
engineering education can expand students' understanding of
engineering and their awareness of career opportunities in
these fields.
SEC. 306. SENSE OF CONGRESS.
For science, technology, engineering, and mathematics (STEM)
education programs or activities authorized under this Act or
amendments made by this Act, it is the sense of Congress that when more
than 1 applicant is competing for the same grant and the applications
from each applicant are considered equal in merit by the grant-awarding
authority, the grant-awarding authority shall give additional
consideration to any of the following:
(1) An applicant that has not previously received funding.
(2) An applicant that is an institution of higher education
in a rural area.
SEC. 307. NATIONAL ACADEMY OF SCIENCES REPORT ON STRENGTHENING THE
CAPACITY OF 2-YEAR INSTITUTIONS OF HIGHER EDUCATION TO
PROVIDE STEM OPPORTUNITIES.
Not later than 6 months after the date of enactment of this Act,
the Office of Science and Technology Policy shall enter into a contract
with the National Academy of Sciences to carry out a study evaluating
the role of 2-year institutions of higher education as STEM educators,
including in the preparation of students for direct entry into the STEM
workforce and in preparation of students for transition into 4-year
STEM degree programs, as well as the role of the Federal Government in
helping 2-year institutions of higher education build their capacity to
be effective STEM educators. At a minimum, the report shall include--
(1) an evaluation of the current capacity of 2-year
institutions of higher education to be effective STEM
educators, including in the preparation of students for direct
entry into the STEM workforce and for transition into 4-year
STEM degree programs;
(2) a description of existing challenges to expanding
opportunities for 2-year institutions of higher education to
provide and enhance STEM learning and provide STEM degrees that
prepare students well for direct entry into the STEM workforce
or for transition into 4-year degree programs;
(3) identification and description of Federal programs that
have successfully strengthened the capacity of 2-year
institutions of higher education to provide and enhance STEM
opportunities;
(4) a recommendation or recommendations regarding how
Federal agencies should set priorities for supporting STEM
education at 2-year institutions of higher education;
(5) a recommendation or recommendations regarding ways
Federal agencies can provide increased opportunities for 2-year
institutions of higher education to participate across their
portfolios of STEM education and research programs, including--
(A) ways to engage 2-year institution of higher
education faculty and students with research
experiences;
(B) strategies for improving the curriculum and
teaching of developmental mathematics given that many
2-year institutions of higher education provide
remediation in mathematics and other STEM coursework;
and
(C) enhancing the basic scientific laboratory
infrastructure; and
(6) a recommendation or recommendations regarding the need
for and appropriateness of new Federal programs in support of
STEM education at 2-year institutions of higher education.
SEC. 308. ENCOURAGING FEDERAL SCIENTISTS AND ENGINEERS TO PARTICIPATE
IN STEM EDUCATION.
Not later than 6 months after the date of enactment of this Act,
the Director of the Office of Science and Technology Policy, in
consultation with the Department of Education, shall develop a policy
to--
(1) increase volunteerism in STEM education activities by
encouraging scientists and engineers from Federal science
agencies conducting nonmilitary scientific research and
development, including scientists and engineers of the
federally funded research and development centers supported by
those agencies, to volunteer in STEM education activities, and
by providing administrative support for such scientists and
engineers to engage in such volunteerism; and
(2) support increased communication and partnerships
between scientists and engineers from Federal science agencies
conducting nonmilitary scientific research and development,
including scientists and engineers of the federally funded
research and development centers supported by those agencies,
and elementary and secondary schools and teachers through
volunteerism in STEM education activities.
TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Institute of Standards
and Technology Authorization Act of 2010''.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2011.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $991,100,000 for the National
Institute of Standards and Technology for fiscal year 2011.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $620,000,000 shall be authorized for scientific
and technical research and services laboratory
activities;
(B) $125,000,000 shall be authorized for the
construction and maintenance of facilities; and
(C) $246,100,000 shall be authorized for industrial
technology services activities, of which--
(i) $95,000,000 shall be authorized for the
Technology Innovation Program under section 28
of the National Institute of Standards and
Technology Act (15 U.S.C. 278n);
(ii) $141,100,000 shall be authorized for
the Manufacturing Extension Partnership program
under sections 25 and 26 of such Act (15 U.S.C.
278k and 278l); and
(iii) $10,000,000 shall be authorized for
the Malcolm Baldrige National Quality Award
program under section 17 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15
U.S.C. 3711a).
(b) Fiscal Year 2012.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $992,400,000 for the National
Institute of Standards and Technology for fiscal year 2012.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $657,200,000 shall be authorized for scientific
and technical research and services laboratory
activities;
(B) $85,000,000 shall be authorized for the
construction and maintenance of facilities; and
(C) $250,200,000 shall be authorized for industrial
technology services activities, of which--
(i) $89,000,000 shall be authorized for the
Technology Innovation Program under section 28
of the National Institute of Standards and
Technology Act (15 U.S.C. 278n);
(ii) $150,900,000 shall be authorized for
the Manufacturing Extension Partnership program
under sections 25 and 26 of such Act (15 U.S.C.
278k and 278l); and
(iii) $10,300,000 shall be authorized for
the Malcolm Baldrige National Quality Award
program under section 17 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15
U.S.C. 3711a).
(c) Fiscal Year 2013.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,079,809,000 for the National
Institute of Standards and Technology for fiscal year 2013.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $696,700,000 shall be authorized for scientific
and technical research and services laboratory
activities;
(B) $122,000,000 shall be authorized for the
construction and maintenance of facilities; and
(C) $261,109,000 shall be authorized for industrial
technology services activities, of which--
(i) $89,000,000 shall be authorized for the
Technology Innovation Program under section 28
of the National Institute of Standards and
Technology Act (15 U.S.C. 278n);
(ii) $161,500,000 shall be authorized for
the Manufacturing Extension Partnership program
under sections 25 and 26 of such Act (15 U.S.C.
278k and 278l); and
(iii) $10,609,000 shall be authorized for
the Malcolm Baldrige National Quality Award
program under section 17 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15
U.S.C. 3711a).
(d) Fiscal Year 2014.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,126,227,000 for the National
Institute of Standards and Technology for fiscal year 2014.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $738,500,000 shall be authorized for scientific
and technical research and services laboratory
activities;
(B) $124,000,000 shall be authorized for the
construction and maintenance of facilities; and
(C) $263,727,000 shall be authorized for industrial
technology services activities, of which--
(i) $80,000,000 shall be authorized for the
Technology Innovation Program under section 28
of the National Institute of Standards and
Technology Act (15 U.S.C. 278n);
(ii) $172,800,000 shall be authorized for
the Manufacturing Extension Partnership program
under sections 25 and 26 of such Act (15 U.S.C.
278k and 278l); and
(iii) $10,927,000 shall be authorized for
the Malcolm Baldrige National Quality Award
program under section 17 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15
U.S.C. 3711a).
(e) Fiscal Year 2015.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,191,955,000 for the National
Institute of Standards and Technology for fiscal year 2015.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $782,800,000 shall be authorized for scientific
and technical research and services laboratory
activities;
(B) $133,000,000 shall be authorized for the
construction and maintenance of facilities; and
(C) $276,155,000 shall be authorized for industrial
technology services activities, of which--
(i) $80,000,000 shall be authorized for the
Technology Innovation Program under section 28
of the National Institute of Standards and
Technology Act (15 U.S.C. 278n);
(ii) $184,900,000 shall be authorized for
the Manufacturing Extension Partnership program
under sections 25 and 26 of such Act (15 U.S.C.
278k and 278l); and
(iii) $11,255,000 shall be authorized for
the Malcolm Baldrige National Quality Award
program under section 17 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15
U.S.C. 3711a).
SEC. 403. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.
(a) Establishment.--Section 4 of the National Institute of
Standards and Technology Act is amended to read as follows:
``SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.
``(a) Establishment.--There shall be in the Department of Commerce
an Under Secretary of Commerce for Standards and Technology (in this
section referred to as the `Under Secretary').
``(b) Appointment.--The Under Secretary shall be appointed by the
President by and with the advice and consent of the Senate.
``(c) Compensation.--The Under Secretary shall be compensated at
the rate in effect for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(d) Duties.--The Under Secretary shall serve as the Director of
the Institute and shall perform such duties as required of the Director
by the Secretary under this Act or by law.
``(e) Applicability.--The individual serving as the Director of the
Institute on the date of enactment of the National Institute of
Standards and Technology Authorization Act of 2010 shall also serve as
the Under Secretary until such time as a successor is appointed under
subsection (b).''.
(b) Conforming Amendments.--
(1) Title 5, united states code.--
(A) Level iii.--Section 5314 of title 5, United
States Code, is amended by inserting before the item
``Associate Attorney General'' the following:
``Under Secretary of Commerce for Standards and Technology,
who also serves as Director of the National Institute of
Standards and Technology.''.
(B) Level iv.--Section 5315 of title 5, United
States Code, is amended by striking ``Director,
National Institute of Standards and Technology,
Department of Commerce.''.
(2) National institute of standards and technology act.--
Section 5 of the National Institute of Standards and Technology
Act (15 U.S.C. 274) is amended by striking the first, fifth,
and sixth sentences.
SEC. 404. REORGANIZATION OF NIST LABORATORIES.
(a) Organization.--The Director shall reorganize the scientific and
technical research and services laboratory program into the following
operational units:
(1) The Physical Measurement Laboratory, whose mission is
to realize and disseminate the national standards for length,
mass, time and frequency, electricity, temperature, force, and
radiation by activities including fundamental research in
measurement science, the provision of measurement services and
standards, and the provision of testing facilities resources
for use by the Federal Government.
(2) The Information Technology Laboratory, whose mission is
to develop and disseminate standards, measurements, and testing
capabilities for interoperability, security, usability, and
reliability of information technologies, including cyber
security standards and guidelines for Federal agencies, United
States industry, and the public, through fundamental and
applied research in computer science, mathematics, and
statistics.
(3) The Engineering Laboratory, whose mission is to develop
and disseminate advanced manufacturing and construction
technologies to the United States manufacturing and
construction industries through activities including
measurement science research, performance metrics, tools for
engineering applications, and promotion of standards adoption.
(4) The Material Measurement Laboratory, whose mission is
to serve as the national reference laboratory in biological,
chemical, and material sciences and engineering through
activities including fundamental research in the composition,
structure, and properties of biological and environmental
materials and processes, the development of certified reference
materials and critically evaluated data, and other programs to
assure measurement quality in materials and biotechnology
fields.
(5) The Center for Nanoscale Science and Technology, a
national shared-use facility for nanoscale fabrication and
measurement, whose mission is to develop innovative nanoscale
measurement and fabrication capabilities to support researchers
from industry, institutions of higher education, the National
Institute of Standards and Technology, and other Federal
agencies in nanoscale technology from discovery to production.
(6) The NIST Center for Neutron Research, a national user
facility, whose mission is to provide neutron-based measurement
capabilities to researchers from industry, institutions of
higher education, the National Institute of Standards and
Technology, and other Federal agencies in support of materials
research, nondestructive evaluation, neutron imaging, chemical
analysis, neutron standards, dosimetry, and radiation
metrology.
(b) Additional Duties.--The Director may assign additional duties
to the operational units listed in subsection (a) that are consistent
with the missions of such units.
(c) Revision.--
(1) In general.--Subsequent to the reorganization required
under subsection (a), the Director may revise the organization
of the scientific and technical research and services
laboratory program.
(2) Report to congress.--Any revision to the organization
of such program under paragraph (1) shall be submitted in a
report to the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate at least 60 days before the
effective date of such revision.
SEC. 405. FEDERAL GOVERNMENT STANDARDS AND CONFORMITY ASSESSMENT
COORDINATION.
(a) Coordination.--Section 2(b) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(b)) is amended--
(1) in paragraph (12), by striking ``and'' after the
semicolon;
(2) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(3) by adding after paragraph (13) the following:
``(14) to promote collaboration among Federal departments
and agencies and private sector stakeholders in the development
and implementation of standards and conformity assessment
frameworks to address specific Federal Government policy goals;
and
``(15) to convene Federal departments and agencies, as
appropriate, to--
``(A) coordinate and determine Federal Government
positions on specific policy issues related to the
development of international technical standards and
conformity assessment-related activities; and
``(B) coordinate Federal department and agency
engagement in the development of international
technical standards and conformity assessment-related
activities.''.
(b) Report.--The Director, in consultation with appropriate Federal
agencies, shall submit a report annually to Congress addressing the
Federal Government's technical standards and conformity assessment-
related activities. The report shall identify--
(1) current and anticipated international standards and
conformity assessment-related issues that have the potential to
impact the competitiveness and innovation capabilities of the
United States;
(2) any action being taken by the Federal Government to
address these issues and the Federal agency taking that action;
and
(3) any action that the Director is taking or will take to
ensure effective Federal Government engagement on technical
standards and conformity assessment-related issues, as
appropriate, where the Federal Government is not effectively
engaged.
SEC. 406. MANUFACTURING EXTENSION PARTNERSHIP.
(a) Community College Support.--Section 25(a) of the National
Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is
amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding after paragraph (5) the following:
``(6) providing to community colleges information about the
job skills needed in small- and medium-sized manufacturing
businesses in the regions they serve.''.
(b) Innovative Services Initiative.--Section 25 of such Act (15
U.S.C. 278k) is amended by adding at the end the following:
``(g) Innovative Services Initiative.--
``(1) Establishment.--The Director may establish, within
the Centers program under this section, an innovative services
initiative to assist small- and medium-sized manufacturers in--
``(A) reducing their energy usage and environmental
waste to improve profitability; and
``(B) accelerating the domestic commercialization
of new product technologies, including components for
renewable energy systems.
``(2) Market demand.--The Director may not undertake any
activity to accelerate the domestic commercialization of a new
product technology under this subsection unless an analysis of
market demand for the new product technology has been
conducted.''.
(c) Reports.--Section 25 of such Act (15 U.S.C. 278k) is further
amended by adding after subsection (g), as added by subsection (b), the
following:
``(h) Reports.--
``(1) In general.--In submitting the 3-year programmatic
planning document and annual updates under section 23, the
Director shall include an assessment of the Director's
governance of the program established under this section.
``(2) Criteria.--In conducting such assessment, the
Director shall use the criteria established pursuant to the
Malcolm Baldrige National Quality Award under section
17(d)(1)(C) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3711a(d)(1)(C)).''.
(d) Hollings Manufacturing Extension Partnership Program Cost-
Sharing.--Section 25(c) of such Act (15 U.S.C. 278k(c)) is amended by
adding at the end the following:
``(7) Notwithstanding paragraphs (1), (3), and (5), for
fiscal year 2011 through fiscal year 2015, the Secretary may
not provide to a Center more than 50 percent of the costs
incurred by such Center and may not require that a Center's
cost share exceed 50 percent.
``(8) Not later than 4 years after the date of enactment of
the National Institute of Standards and Technology
Authorization Act of 2010, the Secretary shall submit to
Congress a report on the cost share requirements under the
program. The report shall--
``(A) discuss various cost share structures,
including the cost share structure in place prior to
such date of enactment and the cost share structure in
place under paragraph (7), and the effect of such cost
share structures on individual Centers and the overall
program; and
``(B) include a recommendation for how best to
structure the cost share requirement after fiscal year
2015 to provide for the long-term sustainability of the
program.''.
(e) Advisory Board.--Section 25(e)(4) of such Act (15 U.S.C.
278k(e)(4)) is amended to read as follows:
``(4) Federal advisory committee act applicability.--
``(A) In general.--In discharging its duties under
this subsection, the MEP Advisory Board shall function
solely in an advisory capacity, in accordance with the
Federal Advisory Committee Act.
``(B) Exception.--Section 14 of the Federal
Advisory Committee Act shall not apply to the MEP
Advisory Board.''.
(f) Definitions.--Section 25 of such Act (15 U.S.C. 278k) is
further amended by adding after subsection (h), as added by subsection
(c), the following:
``(i) Definition.--In this section, the term `community college'
means an institution of higher education (as defined under section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) at
which the highest degree that is predominately awarded to students is
an associate's degree.''.
(g) Evaluation of Obstacles Unique to Small Manufacturers.--Section
25 of such Act (15 U.S.C. 278k) is further amended by adding after
subsection (i), as added by subsection (f), the following:
``(j) Evaluation of Obstacles Unique to Small Manufacturers.--The
Director shall--
``(1) evaluate obstacles that are unique to small
manufacturers that prevent such manufacturers from effectively
competing in the global market;
``(2) implement a comprehensive plan to train the Centers
to address such obstacles; and
``(3) facilitate improved communication between the Centers
to assist such manufacturers in implementing appropriate,
targeted solutions to such obstacles.''.
SEC. 407. EMERGENCY COMMUNICATION AND TRACKING TECHNOLOGIES RESEARCH
INITIATIVE.
(a) Establishment.--The Director shall establish a research
initiative to support the development of emergency communication and
tracking technologies for use in locating trapped individuals in
confined spaces, such as underground mines, and other shielded
environments, such as high-rise buildings or collapsed structures,
where conventional radio communication is limited.
(b) Activities.--In order to carry out this section, the Director
shall work with the private sector and appropriate Federal agencies
to--
(1) perform a needs assessment to identify and evaluate the
measurement, technical standards, and conformity assessment
needs required to improve the operation and reliability of such
emergency communication and tracking technologies;
(2) support the development of technical standards and
conformance architecture to improve the operation and
reliability of such emergency communication and tracking
technologies; and
(3) incorporate and build upon existing reports and studies
on improving emergency communications.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Director shall submit to Congress and make publicly
available a report describing the assessment performed under subsection
(b)(1) and making recommendations about research priorities to address
gaps in the measurement, technical standards, and conformity assessment
needs identified by such assessment.
SEC. 408. TIP ADVISORY BOARD.
Section 28(k)(4) of the National Institute of Standards and
Technology Act (15 U.S.C. 278n(k)(4)) is amended to read as follows:
``(4) Federal advisory committee act applicability.--
``(A) In general.--In discharging its duties under
this subsection, the TIP Advisory Board shall function
solely in an advisory capacity, in accordance with the
Federal Advisory Committee Act.
``(B) Exception.--Section 14 of the Federal
Advisory Committee Act shall not apply to the TIP
Advisory Board.''.
SEC. 409. UNDERREPRESENTED MINORITIES.
(a) Research Fellowships.--Section 18 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-1) is amended by adding at
the end the following:
``(c) Underrepresented Minorities.--In evaluating applications for
fellowships under this section, the Director shall give consideration
to the goal of promoting the participation of underrepresented
minorities in research areas supported by the Institute.''.
(b) Postdoctoral Fellowship Program.--Section 19 of such Act (15
U.S.C. 278g-2) is amended by adding at the end the following: ``In
evaluating applications for fellowships under this section, the
Director shall give consideration to the goal of promoting the
participation of underrepresented minorities in research areas
supported by the Institute.''.
(c) Teacher Development.--Section 19A(c) of such Act (15 U.S.C.
278g-2a(c)) is amended by adding at the end the following: ``The
Director shall give special consideration to an application from a
teacher from a high-need school, as defined in section 200 of the
Higher Education Act of 1965 (20 U.S.C. 1021).''.
SEC. 410. CYBER SECURITY STANDARDS AND GUIDELINES.
Cyber security standards and guidelines developed by the National
Institute of Standards and Technology for use by United States industry
and the public shall be voluntary.
SEC. 411. NANOMATERIAL INITIATIVE.
The Director shall carry out a nanomaterial research initiative
to--
(1) develop reference materials for nanomaterials and
derived products to be used in benchmarking toxicity,
calibrating instruments, and facilitating laboratory
comparisons;
(2) assist in the development of international documentary
standards relating to nanomaterials;
(3) develop instruments and measurement methods to
determine the physical and chemical properties of
nanomaterials; and
(4) gather and develop data to support the correlation of
physical and chemical properties of nanomaterials to any
environmental, safety, or other risks.
SEC. 412. DISASTER RESILIENT BUILDINGS AND INFRASTRUCTURE.
(a) Establishment.--The Director shall carry out a disaster
resilient buildings and infrastructure program.
(b) Real-scale Structures.--As part of the program, the Director
shall--
(1) develop the capability to test real-scale structures
under realistic fire and structural loading conditions; and
(2) assist in the validation of predictive models by
developing a database on the performance of large-scale
structures under realistic fire and structural loading
conditions.
(c) Database.--As part of the program, the Director shall develop a
database on the performance of the built environment during natural and
man-made hazard events.
SEC. 413. REPORT ON THE USE OF MODELING AND SIMULATION.
(a) In General.--Within 1 year after the date of enactment of this
Act, the Director shall submit a report to Congress examining the use
of high-performance computational modeling and simulation by small- and
medium-sized manufacturers.
(b) Specific Requirements.--Such report shall include the
following:
(1) An assessment of the current utilization of high-
performance computational modeling and simulation by small- and
medium-sized manufacturers.
(2) An examination of any barriers or challenges to the use
of high-performance computational modeling and simulation by
small- and medium-sized manufacturers, including--
(A) access to high-performance computing facilities
and resources;
(B) the availability of software and other
applications tailored to meet the needs of such
manufacturers;
(C) appropriate expertise and training; and
(D) the availability of tools and other methods to
understand and manage the costs and risks associated
with transitioning to the use of computational modeling
and simulation.
(3) Recommendations for addressing any barriers or
challenges identified in paragraph (2) and, if appropriate,
suggestions for action that the Federal Government may take to
foster the development and utilization of high-performance
computing resources by small- and medium-sized manufacturers.
(c) Consultation.--In carrying out this section, the Director shall
consult with the Office of Science and Technology Policy and with other
relevant Federal agencies.
SEC. 414. GREEN MANUFACTURING AND CONSTRUCTION.
The Director shall carry out a green manufacturing and construction
initiative to--
(1) develop accurate sustainability metrics and practices
for use in manufacturing;
(2) advance the development of standards and the creation
of an information infrastructure to communicate sustainability
information about suppliers; and
(3) improve energy performance, service life, and indoor
air quality of new and retrofitted buildings through validated
measurement data.
SEC. 415. MANUFACTURING RESEARCH.
(a) In General.--The Director shall carry out a program to support
transformational manufacturing research.
(b) Activities.--As part of such program, the Director shall--
(1) develop and disseminate measurement tools and
capabilities for new additive manufacturing and robotics
technologies and methods;
(2) establish new techniques and methods to efficiently
generate and assemble products integrating nanoscale materials
and devices; and
(3) carry out other research with significant
transformational potential for manufacturing.
SEC. 416. 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).
TITLE V--INNOVATION
SEC. 501. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is amended by adding at the end the following new
section:
``SEC. 24. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.
``(a) In General.--The Secretary shall establish an Office of
Innovation and Entrepreneurship to foster innovation and the
commercialization of new technologies, products, processes, and
services with the goal of promoting productivity and economic growth in
the United States.
``(b) Duties.--The Office of Innovation and Entrepreneurship shall
be responsible for--
``(1) developing policies to accelerate innovation and
advance the commercialization of research and development,
including federally funded research and development;
``(2) identifying existing barriers to innovation and
commercialization, including access to capital and other
resources, and ways to overcome those barriers;
``(3) providing access to relevant data, research, and
technical assistance on innovation and commercialization;
``(4) strengthening collaboration on and coordination of
policies relating to innovation and commercialization,
including those focused on the needs of small businesses and
rural communities, within the Department of Commerce and
between the Department of Commerce and other Federal agencies,
as appropriate; and
``(5) any other duties as determined by the Secretary.
``(c) Advisory Committee.--The Secretary shall establish an
Advisory Council on Innovation and Entrepreneurship to provide advice
to the Secretary on carrying out subsection (b).''.
SEC. 502. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN
MANUFACTURING.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is further amended by adding after section 24, as added
by section 501 of this title, the following new section:
``SEC. 25. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN
MANUFACTURING.
``(a) Establishment.--The Secretary shall establish a program to
provide loan guarantees for obligations to small- or medium-sized
manufacturers for the use or production of innovative technologies.
``(b) Eligible Projects.--A loan guarantee may be made under such
program only for a project that reequips, expands, or establishes a
manufacturing facility in the United States to--
``(1) use an innovative technology or an innovative process
in manufacturing; or
``(2) manufacture an innovative technology product or an
integral component of such product.
``(c) Eligible Borrower.--A loan guarantee may be made under such
program only for a borrower who is a small- or medium-sized
manufacturer, as determined by the Secretary under the criteria
established pursuant to subsection (m).
``(d) Limitation on Amount.--A loan guarantee shall not exceed an
amount equal to 80 percent of the obligation, as estimated at the time
at which the loan guarantee is issued.
``(e) Limitations on Loan Guarantee.--No loan guarantee shall be
made unless the Secretary determines that--
``(1) there is a reasonable prospect of repayment of the
principal and interest on the obligation by the borrower;
``(2) the amount of the obligation (when combined with
amounts available to the borrower from other sources) is
sufficient to carry out the project;
``(3) the obligation is not subordinate to other financing;
``(4) the obligation bears interest at a rate that does not
exceed a level that the Secretary determines appropriate,
taking into account the prevailing rate of interest in the
private sector for similar loans and risks; and
``(5) the term of an obligation requires full repayment
over a period not to exceed the lesser of--
``(A) 30 years; or
``(B) 90 percent of the projected useful life, as
determined by the Secretary, of the physical asset to
be financed by the obligation.
``(f) Defaults.--
``(1) Payment by secretary.--
``(A) In general.--If a borrower defaults (as
defined in regulations promulgated by the Secretary and
specified in the loan guarantee) on the obligation, the
holder of the loan guarantee shall have the right to
demand payment of the unpaid amount from the Secretary.
``(B) Payment required.--Within such period as may
be specified in the loan guarantee or related
agreements, the Secretary shall pay to the holder of
the loan guarantee the unpaid interest on and unpaid
principal of the obligation as to which the borrower
has defaulted, unless the Secretary finds that there
was no default by the borrower in the payment of
interest or principal or that the default has been
remedied.
``(C) Forbearance.--Nothing in this subsection
precludes any forbearance by the holder of the
obligation for the benefit of the borrower which may be
agreed upon by the parties to the obligation and
approved by the Secretary.
``(2) Subrogation.--
``(A) In general.--If the Secretary makes a payment
under paragraph (1), the Secretary shall be subrogated
to the rights, as specified in the loan guarantee, of
the recipient of the payment or related agreements
including, if appropriate, the authority
(notwithstanding any other provision of law) to--
``(i) complete, maintain, operate, lease,
or otherwise dispose of any property acquired
pursuant to such loan guarantee or related
agreement; or
``(ii) permit the borrower, pursuant to an
agreement with the Secretary, to continue to
pursue the purposes of the project if the
Secretary determines that such an agreement is
in the public interest.
``(B) Superiority of rights.--The rights of the
Secretary, with respect to any property acquired
pursuant to a loan guarantee or related agreements,
shall be superior to the rights of any other person
with respect to the property.
``(3) Notification.--If the borrower defaults on an
obligation, the Secretary shall notify the Attorney General of
the default.
``(g) Payment of Principal and Interest by Secretary.--With respect
to any obligation guaranteed under this section, the Secretary may
enter into a contract to pay, and pay, holders of the obligation for
and on behalf of the borrower from funds appropriated for that purpose
the principal and interest payments that become due and payable on the
unpaid balance of the obligation if the Secretary finds that--
``(1)(A) the borrower is unable to make the payments and is
not in default;
``(B) it is in the public interest to permit the borrower
to continue to pursue the project; and
``(C) the probable net benefit to the Federal Government in
paying the principal and interest will be greater than that
which would result in the event of a default;
``(2) the amount of the payment that the Secretary is
authorized to pay shall be no greater than the amount of
principal and interest that the borrower is obligated to pay
under the obligation being guaranteed; and
``(3) the borrower agrees to reimburse the Secretary for
the payment (including interest) on terms and conditions that
are satisfactory to the Secretary.
``(h) Terms and Conditions.--A loan guarantee under this section
shall include such detailed terms and conditions as the Secretary
determines appropriate to--
``(1) protect the interests of the United States in the
case of default; and
``(2) have available all the patents and technology
necessary for any person selected, including the Secretary, to
complete and operate the project.
``(i) Consultation.--In establishing the terms and conditions of a
loan guarantee under this section, the Secretary shall consult with the
Secretary of the Treasury.
``(j) Fees.--
``(1) In general.--The Secretary shall charge and collect
fees for loan guarantees in amounts the Secretary determines
are sufficient to cover applicable administrative expenses.
``(2) Availability.--Fees collected under this subsection
shall--
``(A) be deposited by the Secretary into the
Treasury of the United States; and
``(B) remain available until expended, subject to
such other conditions as are contained in annual
appropriations Acts.
``(3) Limitation.--In charging and collecting fees under
paragraph (1), the Secretary shall take into consideration the
amount of the obligation.
``(k) Records.--
``(1) In general.--With respect to a loan guarantee under
this section, the borrower, the lender, and any other
appropriate party shall keep such records and other pertinent
documents as the Secretary shall prescribe by regulation,
including such records as the Secretary may require to
facilitate an effective audit.
``(2) Access.--The Secretary and the Comptroller General of
the United States, or their duly authorized representatives,
shall have access to records and other pertinent documents for
the purpose of conducting an audit.
``(l) Full Faith and Credit.--The full faith and credit of the
United States is pledged to the payment of all loan guarantees issued
under this section with respect to principal and interest.
``(m) Regulations.--The Secretary shall issue final regulations
before making any loan guarantees under the program. Such regulations
shall include--
``(1) criteria that the Secretary shall use to determine
eligibility for loan guarantees under this section, including--
``(A) whether a borrower is a small- or medium-
sized manufacturer; and
``(B) whether a borrower demonstrates that a market
exists for the innovative technology product, or the
integral component of such product, to be manufactured,
as evidenced by written statements of interest from
potential purchasers;
``(2) criteria that the Secretary shall use to determine
the amount of any fees charged under subsection (j), including
criteria related to the amount of the obligation;
``(3) policies and procedures for selecting and monitoring
lenders and loan performance; and
``(4) any other policies, procedures, or information
necessary to implement this section.
``(n) Audit.--
``(1) Annual independent audits.--The Secretary shall enter
into an arrangement with an independent auditor for annual
evaluations of the program under this section.
``(2) Comptroller general review.--The Comptroller General
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
paragraph (2) shall be provided directly to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(o) Report to Congress.--Concurrent with the submission to
Congress of the President's annual budget request in each year after
the date of enactment of this section, the Secretary shall transmit to
the Committee on Science and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report containing a summary of all activities carried out
under this section.
``(p) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall ensure that the activities carried out
under this section are coordinated with, and do not duplicate the
efforts of, other loan guarantee programs within the Federal
Government.
``(q) MEP Centers.--The Secretary may use centers established under
section 25 of the National Institute of Standards and Technology Act
(15 U.S.C. 278k) to provide information about the program established
under this section and to conduct outreach to potential borrowers, as
appropriate.
``(r) Minimizing Risk.--The Secretary shall promulgate regulations
and policies to carry out this section in accordance with Office of
Management and Budget Circular No. A-129, entitled `Policies for
Federal Credit Programs and Non-Tax Receivables', as in effect on the
date of enactment of this section.
``(s) Sense of Congress.--It is the sense of Congress that no loan
guarantee shall be made under this section unless the borrower agrees
to use a federally-approved electronic employment eligibility
verification system to verify the employment eligibility of--
``(1) all persons hired during the contract term by the
borrower to perform employment duties within the United States;
and
``(2) all persons assigned by the borrower to perform work
within the United States on the project.
``(t) Definitions.--In this section:
``(1) Cost.--The term `cost' has the meaning given such
term under section 502 of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a).
``(2) Innovative process.--The term `innovative process'
means a process that is significantly improved as compared to
the process in general use in the commercial marketplace in the
United States at the time the loan guarantee is issued.
``(3) Innovative technology.--The term `innovative
technology' means a technology that is significantly improved
as compared to the technology in general use in the commercial
marketplace in the United States at the time the loan guarantee
is issued.
``(4) Loan guarantee.--The term `loan guarantee' has the
meaning given such term in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan
guarantee commitment (as defined in section 502 of such Act (2
U.S.C. 661a)).
``(5) Obligation.--The term `obligation' means the loan or
other debt obligation that is guaranteed under this section.
``(6) Program.--The term `program' means the loan guarantee
program established in subsection (a).
``(u) Authorization of Appropriations.--
``(1) Cost of loan guarantees.--There are authorized to be
appropriated $100,000,000 for each of fiscal years 2011 through
2015 to provide the cost of loan guarantees under this section.
``(2) Principal and interest.--There are authorized to be
appropriated such sums as are necessary to carry out subsection
(g).''.
SEC. 503. REGIONAL INNOVATION PROGRAM.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is further amended by adding after section 25, as added
by section 502 of this title, the following new section:
``SEC. 26. REGIONAL INNOVATION PROGRAM.
``(a) Establishment.--The Secretary shall establish a regional
innovation program to encourage and support the development of regional
innovation strategies, including regional innovation clusters.
``(b) Regional Innovation Cluster Grants.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary may award grants on a competitive
basis to eligible recipients for activities relating to the
formation and development of regional innovation clusters.
``(2) Permissible activities.--Grants awarded under this
subsection may be used for activities determined appropriate by
the Secretary, including the following:
``(A) Feasibility studies.
``(B) Planning activities.
``(C) Technical assistance.
``(D) Developing or strengthening communication and
collaboration between and among participants of a
regional innovation cluster.
``(E) Attracting additional participants to a
regional innovation cluster.
``(F) Facilitating market development of products
and services developed by a regional innovation
cluster, including through demonstration, deployment,
technology transfer, and commercialization activities.
``(G) Developing relationships between a regional
innovation cluster and entities or clusters in other
regions.
``(H) Interacting with the public and State and
local governments to meet the goals of the cluster.
``(3) Eligible recipient.--For purposes of this subsection,
the term `eligible recipient' means any of the following:
``(A) A State.
``(B) An Indian tribe.
``(C) A city or other political subdivision of a
State.
``(D) An entity that--
``(i) is a nonprofit organization, an
institution of higher education, a public-
private partnership, a science park, a Federal
laboratory, or an economic development
organization or similar entity; and
``(ii) has an application that is supported
by a State or a political subdivision of a
State.
``(E) A consortium of any of the entities listed in
subparagraphs (A) through (D).
``(4) Application.--
``(A) In general.--An eligible recipient shall
submit an application to the Secretary at such time, in
such manner, and containing such information and
assurances as the Secretary may require.
``(B) Components.--The application shall include,
at a minimum, a description of the regional innovation
cluster supported by the proposed activity, including a
description of the following:
``(i) Whether the regional innovation
cluster is supported by the private sector,
State and local governments, and other relevant
stakeholders.
``(ii) How the existing participants in the
regional innovation cluster will encourage and
solicit participation by all types of entities
that might benefit from participation,
including newly formed entities and those rival
to existing participants.
``(iii) The extent to which the regional
innovation cluster is likely to stimulate
innovation and have a positive impact on
regional economic growth and development.
``(iv) Whether the participants in the
regional innovation cluster have access to, or
contribute to, a well-trained workforce.
``(v) Whether the participants in the
regional innovation cluster are capable of
attracting additional funds from non-Federal
sources.
``(vi) The likelihood that the participants
in the regional innovation cluster will be able
to sustain activities once grant funds under
this subsection have been expended.
``(C) Special consideration.--The Secretary shall
give special consideration to applications from regions
that contain communities negatively impacted by trade.
``(5) Special consideration.--The Secretary shall give
special consideration to an eligible recipient who agrees to
collaborate with local workforce investment area boards.
``(6) Cost share.--The Secretary may not provide more than
50 percent of the total cost of any activity funded under this
subsection.
``(7) Use and application of research and information
program.--To the maximum extent practicable, the Secretary
shall ensure that activities funded under this subsection use
and apply any relevant research, best practices, and metrics
developed under the program established in subsection (c).
``(c) Regional Innovation Research and Information Program.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary shall establish a regional
innovation research and information program to--
``(A) gather, analyze, and disseminate information
on best practices for regional innovation strategies
(including regional innovation clusters), including
information relating to how innovation, productivity,
and economic development can be maximized through such
strategies;
``(B) provide technical assistance, including
through the development of technical assistance guides,
for the development and implementation of regional
innovation strategies (including regional innovation
clusters);
``(C) support the development of relevant metrics
and measurement standards to evaluate regional
innovation strategies (including regional innovation
clusters), including the extent to which such
strategies stimulate innovation, productivity, and
economic development; and
``(D) collect and make available data on regional
innovation cluster activity in the United States,
including data on--
``(i) the size, specialization, and
competitiveness of regional innovation
clusters;
``(ii) the regional domestic product
contribution, total jobs and earnings by key
occupations, establishment size, nature of
specialization, patents, Federal research and
development spending, and other relevant
information for regional innovation clusters;
and
``(iii) supply chain product and service
flows within and between regional innovation
clusters.
``(2) Research grants.--The Secretary may award research
grants on a competitive basis to support and further the goals
of the program established under this subsection.
``(3) Dissemination of information.--Data and analysis
compiled by the Secretary under the program established in this
subsection shall be made available to other Federal agencies,
State and local governments, and nonprofit and for-profit
entities.
``(4) Cluster grant program.--The Secretary shall
incorporate data and analysis relating to any regional
innovation cluster supported by a grant under subsection (b)
into the program established under this subsection.
``(d) Interagency Coordination.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall ensure that the activities carried out under
this section are coordinated with, and do not duplicate the
efforts of, other programs at the Department of Commerce or
other Federal agencies.
``(2) Collaboration.--
``(A) In general.--The Secretary shall explore and
pursue collaboration with other Federal agencies,
including through multiagency funding opportunities, on
regional innovation strategies.
``(B) Small businesses.--The Secretary shall ensure
that such collaboration with Federal agencies
prioritizes the needs and challenges of small
businesses.
``(e) Evaluation.--
``(1) In general.--Not later than 4 years after the date of
enactment of this section, the Secretary shall enter into a
contract with an independent entity, such as the National
Academy of Sciences, to conduct an evaluation of the program
established under subsection (a).
``(2) Requirements.--The evaluation shall include--
``(A) whether such program is achieving its goals;
``(B) any recommendations for how such program may
be improved; and
``(C) a recommendation as to whether such program
should be continued or terminated.
``(f) Definitions.--In this section:
``(1) Regional innovation cluster.--The term `regional
innovation cluster' means a geographically bounded network of
similar, synergistic, or complementary entities that--
``(A) are engaged in or with a particular industry
sector;
``(B) have active channels for business
transactions and communication;
``(C) share specialized infrastructure, labor
markets, and services; and
``(D) leverage the region's unique competitive
strengths to stimulate innovation and create jobs.
``(2) State.--The term `State' means one of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or any other
territory or possession of the United States.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for each of fiscal years 2011
through 2015 to carry out this section, including such sums as are
necessary to carry out the evaluation required under subsection (e).''.
SEC. 504. CLEAN ENERGY CONSORTIUM.
(a) Purpose.--The Secretary shall carry out a program to establish
a Clean Energy Consortium to enhance the Nation's economic,
environmental, and energy security by promoting commercial application
of clean energy technology and ensuring that the United States
maintains a technological lead in the development and commercial
application of state-of-the-art energy technologies. To achieve these
purposes the program shall leverage the expertise and resources of the
university and private research communities, industry, venture capital,
national laboratories, and other participants in energy innovation to
support collaborative, cross-disciplinary research and development in
areas not being served by the private sector in order to develop and
accelerate the commercial application of innovative clean energy
technologies.
(b) Definitions.--For purposes of this section:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology that--
(A) produces energy from solar, wind, geothermal,
biomass, tidal, wave, ocean, and other renewable energy
resources (as such term is defined in section 610 of
the Public Utility Regulatory Policies Act of 1978);
(B) more efficiently transmits, distributes, or
stores energy;
(C) enhances energy efficiency for buildings and
industry, including combined heat and power;
(D) enables the development of a Smart Grid (as
described in section 1301 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17381)), including
integration of renewable energy resources and
distributed generation, demand response, demand side
management, and systems analysis;
(E) produces an advanced or sustainable material
with energy or energy efficiency applications; or
(F) improves energy efficiency for transportation,
including electric vehicles.
(2) Cluster.--The term ``cluster'' means a network of
entities directly involved in the research, development,
finance, and commercial application of clean energy
technologies whose geographic proximity facilitates utilization
and sharing of skilled human resources, infrastructure,
research facilities, educational and training institutions,
venture capital, and input suppliers.
(3) Consortium.--The term ``Consortium'' means a Clean
Energy Consortium established in accordance with this section.
(4) Project.--The term ``project'' means an activity with
respect to which a Consortium provides support under subsection
(e).
(5) Qualifying entity.--The term ``qualifying entity''
means each of the following:
(A) A research university.
(B) A State or Federal institution with a focus on
the advancement of clean energy technologies.
(C) A nongovernmental organization with research or
technology transfer expertise in clean energy
technology development.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Technology development focus.--The term ``technology
development focus'' means the unique clean energy technology or
technologies in which a Consortium specializes.
(8) Translational research.--The term ``translational
research'' means coordination of basic or applied research with
technical applications to enable promising discoveries or
inventions to achieve commercial application of energy
technology.
(c) Role of the Secretary.--The Secretary shall--
(1) have ultimate responsibility for, and oversight of, all
aspects of the program under this section;
(2) select a recipient of a grant for the establishment and
operation of a Consortium through a competitive selection
process;
(3) coordinate the innovation activities of the Consortium
with those occurring through other Department of Energy
entities, including the National Laboratories, the Advanced
Research Projects Agency--Energy, Energy Innovation Hubs, and
Energy Frontier Research Collaborations, and within industry,
including by annually--
(A) issuing guidance regarding national energy
research and development priorities and strategic
objectives; and
(B) convening a conference of staff of the
Department of Energy and representatives from such
other entities to share research results, program
plans, and opportunities for collaboration.
(d) Entities Eligible for Support.--A consortium shall be eligible
to receive support under this section if--
(1) it is composed of--
(A) 2 research universities with a combined annual
research budget of $500,000,000; and
(B) 1 or more additional qualifying entities;
(2) its members have established a binding agreement that
documents--
(A) the structure of the partnership agreement;
(B) a governance and management structure to enable
cost-effective implementation of the program;
(C) a conflicts of interest policy consistent with
subsection (e)(1)(B);
(D) an accounting structure that meets the
requirements of the Department of Energy and can be
audited under subsection (f)(4); and
(E) that it has an External Advisory Committee
consistent with subsection (e)(3);
(3) it receives funding from States, consortium
participants, or other non-Federal sources, to be used to
support project awards pursuant to subsection (e);
(4) it is part of an existing cluster or demonstrates high
potential to develop a new cluster; and
(5) it operates as a nonprofit organization.
(e) Clean Energy Consortium.--
(1) Role.--The Consortium shall support translational
research activities leading to commercial application of clean
energy technologies, in accordance with the purposes of this
section, through issuance of awards to projects managed by
qualifying entities and other entities meeting the Consortium's
project criteria, including national laboratories. The
Consortium shall--
(A) develop and make available to the public
through the Department of Energy's Web site proposed
plans, programs, project selection criteria, and terms
for individual project awards under this subsection;
(B) establish conflict of interest procedures,
consistent with those of the Department of Energy, to
ensure that employees and designees for Consortium
activities who are in decisionmaking capacities
disclose all material conflicts of interest, including
financial, organizational, and personal conflicts of
interest;
(C) establish policies--
(i) to prevent resources provided to the
Consortium from being used to displace private
sector investment otherwise likely to occur,
including investment from private sector
entities that are members of the Consortium;
(ii) to facilitate the participation of
private entities that invest in clean energy
technologies to perform due diligence on award
proposals, to participate in the award review
process, and to provide guidance to projects
supported by the Consortium; and
(iii) to facilitate the participation of
parties with a demonstrated history of
commercial application of clean energy
technologies in the development of Consortium
projects;
(D) oversee project solicitations, review proposed
projects, and select projects for awards; and
(E) monitor project implementation.
(2) Distribution of awards.--The Consortium, with prior
approval of the Secretary, shall distribute awards under this
subsection to support clean energy technology projects
conducting translational research, provided that at least 50
percent of such support shall be provided to projects related
to the Consortium's clean energy technology development focus.
Upon approval by the Secretary, all remaining funds shall be
available to support any clean energy technology projects
conducting translational research.
(3) External advisory committee.--
(A) In general.--The Consortium shall establish an
External Advisory Committee, the members of which shall
have extensive and relevant scientific, technical,
industry, financial, or research management expertise.
The External Advisory Committee shall review the
Consortium's proposed plans, programs, project
selection criteria, and projects and shall ensure that
projects selected for awards meet the conflict of
interest policies of the Consortium. External Advisory
Committee members other than those representing
Consortium members shall serve for no more than 3
years. All External Advisory Committee members shall
comply with the Consortium's conflict of interest
policies and procedures.
(B) Members.--The External Advisory Committee shall
consist of--
(i) 5 members selected by the Consortium's
research universities;
(ii) 2 members selected by the Consortium's
other qualifying entities;
(iii) 2 members selected at large by other
External Advisory Committee members to
represent the entrepreneur and venture capital
communities; and
(iv) 1 member appointed by the Secretary.
(4) Conflict of interest.--The Secretary may disqualify an
application or revoke funds distributed to the Consortium if
the Secretary discovers a failure to comply with conflict of
interest procedures established under paragraph (1)(B).
(f) Grant.--
(1) In general.--The Secretary shall make a grant under
this section in accordance with section 989 of the Energy
Policy Act of 2005 (42 U.S.C. 16353). The Secretary shall award
the grant, on a competitive basis, to 1 regional Consortium,
for a term of 3 years.
(2) Amount.--A grant under this subsection shall be in an
amount not greater than $10,000,000 per fiscal year over the 3
years of the term of the grant.
(3) Use.--The grant distributed under this section shall be
used exclusively to support project awards pursuant to
subsection (e)(1) and (2), provided that the Consortium may use
not more than 10 percent of the amount of such grant for its
administrative expenses related to making such awards. The
grant made under this section shall not be used for
construction of new buildings or facilities, and construction
of new buildings or facilities shall not be considered as part
of the non-Federal share of a cost sharing agreement under this
section.
(4) Audit.--The Consortium shall conduct, in accordance
with such requirements as the Secretary may prescribe, an
annual audit to determine the extent to which a grant
distributed to the Consortium under this subsection, and awards
under subsection (e), have been utilized in a manner consistent
with this section. The auditor shall transmit a report of the
results of the audit to the Secretary and to the Government
Accountability Office. The Secretary shall include such report
in an annual report to Congress, along with a plan to remedy
any deficiencies cited in the report. The Government
Accountability Office may review such audits as appropriate and
shall have full access to the books, records, and personnel of
the Consortium to ensure that the grant distributed to the
Consortium under this subsection, and awards made under
subsection (e), have been utilized in a manner consistent with
this section.
(5) Revocation of awards.--The Secretary shall have
authority to review awards made under this subsection and to
revoke such awards if the Secretary determines that the
Consortium has used the award in a manner not consistent with
the requirements of this section.
TITLE VI--DEPARTMENT OF ENERGY
Subtitle A--Office of Science
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy Office of
Science Authorization Act of 2010''.
SEC. 602. DEFINITIONS.
Except as otherwise provided, in this subtitle:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Director.--The term ``Director'' means the Director of
the Office of Science.
(3) Office of science.--The term ``Office of Science''
means the Department of Energy Office of Science.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 603. MISSION OF THE OFFICE OF SCIENCE.
(a) Mission.--The mission of the Office of Science shall be the
delivery of scientific discoveries, capabilities, and major scientific
tools to transform the understanding of nature and to advance the
energy, economic, and national security of the United States.
(b) Duties.--In support of this mission, the Secretary shall carry
out, through the Office of Science, programs on basic energy sciences,
biological and environmental research, advanced scientific computing
research, fusion energy sciences, high energy physics, and nuclear
physics through activities focused on--
(1) Science for Discovery to unravel nature's mysteries
through the study of subatomic particles, atoms, and molecules
that make up the materials of our everyday world to DNA,
proteins, cells, and entire biological systems;
(2) Science for National Need by--
(A) advancing a clean energy agenda through
research on energy production, storage, transmission,
efficiency, and use; and
(B) advancing our understanding of the Earth's
climate through research in atmospheric and
environmental sciences and climate change; and
(3) National Scientific User Facilities to deliver the 21st
century tools of science, engineering, and technology and
provide the Nation's researchers with the most advanced tools
of modern science including accelerators, colliders,
supercomputers, light sources and neutron sources, and
facilities for studying the nanoworld.
(c) Supporting Activities.--The activities described in subsection
(b) shall include providing for relevant facilities and infrastructure,
analysis, coordination, and education and outreach activities.
(d) User Facilities.--The Director shall carry out the
construction, operation, and maintenance of user facilities to support
the activities described in subsection (b). As practicable, these
facilities shall serve the needs of the Department, industry, the
academic community, and other relevant entities for the purposes of
advancing the missions of the Department.
(e) Other Authorized Activities.--In addition to the activities
authorized under this subtitle, the Office of Science shall carry out
such other activities it is authorized or required to carry out by law.
(f) Coordination and Joint Activities.--The Department's Under
Secretary for Science shall ensure the coordination of activities under
this subtitle with the other activities of the Department, and shall
support joint activities among the programs of the Department.
(g) Domestically Sourced Hardware.--
(1) Plan.--The Director shall develop a plan to increase
the percentage of domestically sourced hardware for planned and
ongoing projects of the Office of Science. In developing this
plan, the Director shall--
(A) give consideration to technologies that the
United States does not currently have the capacity to
manufacture and to procurement activities that can
strengthen United States high-technology
competitiveness broadly;
(B) seek opportunities to engage and partner with
domestic manufacturers; and
(C) annually assess levels of domestically
available goods relevant to planned and ongoing
projects of the Office of Science.
(2) International agreements.--This subsection shall be
applied in a manner consistent with United States obligations
under international agreements.
(3) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Director shall transmit the
plan developed under this subsection to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Science and Technology of the House of Representatives, and
shall transmit any appropriate updates to those committees.
(h) Merit-reviewed Study.--As part of the President's annual budget
request, the Secretary shall include a detailed summary of the degree
to which current research activities are competitive and merit-
reviewed, including a list of activities that would have been
undertaken in the absence of Congressionally-directed projects and an
analysis of the effects of increasing the proportion of competitive,
merit-reviewed activities on the strategic objectives of the Office of
Science.
SEC. 604. BASIC ENERGY SCIENCES PROGRAM.
(a) Program.--As part of the activities authorized under section
603, the Director shall carry out a program in basic energy sciences,
including materials sciences and engineering, chemical sciences,
physical biosciences, and geosciences, for the purpose of providing the
scientific foundations for new energy technologies.
(b) Basic Energy Sciences User Facilities.--
(1) In general.--The Director shall carry out a program for
the construction, operation, and maintenance of national user
facilities to support the program under this section. As
practicable, these facilities shall serve the needs of the
Department, industry, the academic community, and other
relevant entities to create and examine new materials and
chemical processes for the purposes of advancing new energy
technologies and improving the competitiveness of the United
States. These facilities shall include--
(A) x-ray light sources;
(B) neutron sources;
(C) electron beam microcharacterization centers;
(D) nanoscale science research centers; and
(E) other facilities the Director considers
appropriate, consistent with section 603(d).
(2) Facility construction and upgrades.--Consistent with
the Office of Science's project management practices, the
Director shall support construction of--
(A) the National Synchrotron Light Source II;
(B) a Second Target Station at the Spallation
Neutron Source; and
(C) an upgrade of the Advanced Photon Source to
improve brightness and performance.
(c) Energy Frontier Research Centers.--
(1) In general.--The Director shall carry out a grant
program to provide awards, on a competitive, merit-reviewed
basis, to multi-institutional collaborations or other
appropriate entities to conduct fundamental and use-inspired
energy research to accelerate scientific breakthroughs related
to needs identified in--
(A) the Grand Challenges report of the Department's
Basic Energy Sciences Advisory Committee;
(B) the Basic Energy Sciences Basic Research Needs
workshop reports;
(C) energy-related Grand Challenges for
Engineering, as described by the National Academy of
Engineering; or
(D) other relevant reports identified by the
Director.
(2) Collaborations.--A collaboration receiving a grant
under this subsection may include multiple types of
institutions and private sector entities.
(3) Selection and duration.--
(A) In general.--A collaboration under this
subsection shall be selected for a period of 5 years.
(B) Reapplication.--After the end of the period
described in subparagraph (A), a grantee may reapply
for selection for a second period of 5 years on a
competitive, merit-reviewed basis.
(4) No funding for construction.--No funding provided
pursuant to this subsection may be used for the construction of
new buildings or facilities.
(d) Accelerator Research and Development.--The Director shall carry
out research and development on advanced accelerator technologies
relevant to the development of Basic Energy Sciences user facilities,
in consultation with the Office of Science's High Energy Physics and
Nuclear Physics programs.
SEC. 605. BIOLOGICAL AND ENVIRONMENTAL RESEARCH PROGRAM.
(a) In General.--As part of the activities authorized under section
603, and coordinated with the activities authorized in section 604, the
Director shall carry out a program of research, development, and
demonstration in the areas of biological systems science and climate
and environmental science to support the energy and environmental
missions of the Department.
(b) Biological Systems Science Activities.--
(1) Activities.--As part of the activities authorized under
subsection (a), the Director shall carry out research,
development, and demonstration activities in fundamental,
structural, computational, and systems biology to increase
systems-level understanding of complex biological systems,
which shall include activities to--
(A) accelerate breakthroughs and new knowledge that
will enable cost-effective sustainable production of--
(i) biomass-based liquid transportation
fuels, including hydrogen;
(ii) bioenergy; and
(iii) biobased products,
that support the energy and environmental missions of
the Department;
(B) improve understanding of the global carbon
cycle, including processes for removing carbon dioxide
from the atmosphere, through photosynthesis and other
biological processes, for sequestration and storage;
and
(C) understand the biological mechanisms used to
destroy, immobilize, or remove contaminants from
subsurface environments.
(2) Research plan.--
(A) Requirement.--Not later than 1 year after the
date of enactment of this Act, the Director shall
prepare and transmit to Congress a research plan
describing how the activities authorized under this
subsection will be undertaken.
(B) Utilization of existing plan.--In developing
the plan in subparagraph (A), the Director may utilize
an existing research plan and update such plan to
incorporate the activities identified in paragraph (1).
(C) Updates.--Not later than 3 years after the
initial report under this paragraph, and at least once
every 3 years thereafter, the Director shall update the
research plan and transmit it to Congress.
(3) Bioenergy research centers.--
(A) In general.--In carrying out the activities
under paragraph (1), the Director shall support at
least 3 bioenergy research centers to accelerate basic
biological research, development, demonstration, and
commercial application of biomass-based liquid
transportation fuels, bioenergy, and biobased products
that support the energy and environmental missions of
the Department and are produced from a variety of
regionally diverse feedstocks.
(B) Geographic distribution.--The Director shall
ensure that the bioenergy research centers under this
paragraph are established in geographically diverse
locations.
(C) Selection and duration.--A center established
under subparagraph (A) shall be selected on a
competitive, merit-reviewed basis for a period of 5
years beginning on the date of establishment of that
center. A center already in existence on the date of
enactment of this Act may continue to receive support
for a period of 5 years beginning on the date of
establishment of that center.
(4) Enabling synthetic biology plan.--
(A) In general.--The Secretary, in consultation
with other relevant Federal agencies, the academic
community, research-based nonprofit entities, and the
private sector, shall develop a comprehensive plan for
federally supported research and development activities
that will support the energy and environmental missions
of the Department and enable a competitive synthetic
biology industry in the United States.
(B) Plan.--The plan developed under subparagraph
(A) shall assess the need to create a database for
synthetic biology information, the need and process for
developing standards for biological parts, components
and systems, and the need for a federally funded
facility that enables the discovery, design,
development, production, and systematic use of parts,
components, and systems created through synthetic
biology. The plan shall describe the role of the
Federal Government in meeting these needs.
(C) Submission to congress.--The Secretary shall
transmit the plan developed under subparagraph (A) to
the Congress not later than 9 months after the date of
enactment of this Act.
(5) Computational biology and systems biology
knowledgebase.--As part of the activities described in
paragraph (1), the Director, in collaboration with the Advanced
Scientific Computing Research program described in section 606,
shall carry out research in computational biology, acquire or
otherwise ensure the availability of hardware for biology-
specific computation, and establish and maintain an open
virtual database and information management system to centrally
integrate systems biology data, analytical software, and
computational modeling tools that will allow data sharing and
free information exchange within the scientific community.
(6) Prohibition on biomedical and human cell and human
subject research.--
(A) No biomedical research.--In carrying out
activities under subsection (b), the Secretary shall
not conduct biomedical research.
(B) Limitations.--Nothing in subsection (b) shall
authorize the Secretary to conduct any research or
demonstrations--
(i) on human cells or human subjects; or
(ii) designed to have direct application
with respect to human cells or human subjects.
(C) Information sharing.--Nothing in this paragraph
shall restrict the Department from sharing information,
including research findings, research methodologies,
models, or any other information, with any Federal
agency.
(7) Repeal.--Section 977 of the Energy Policy Act of 2005
(42 U.S.C. 16317) is repealed.
(c) Climate and Environmental Sciences Activities.--
(1) In general.--As part of the activities authorized under
subsection (a), the Director shall carry out climate and
environmental science research, which shall include activities
to--
(A) understand, observe, and model the response of
the Earth's atmosphere and biosphere, including oceans
and the Great Lakes, to increased concentrations of
greenhouse gas emissions, and any associated changes in
climate;
(B) understand the processes for sequestration,
destruction, immobilization, or removal of, and
understand the movement of, contaminants and carbon in
subsurface environments, including at facilities of the
Department; and
(C) inform potential mitigation and adaptation
options for increased concentrations of greenhouse gas
emissions and any associated changes in climate.
(2) Subsurface biogeochemistry research.--
(A) In general.--As part of the activities
described in paragraph (1), the Director shall carry
out research to advance a fundamental understanding of
coupled physical, chemical, and biological processes
for controlling the movement of sequestered carbon and
subsurface environmental contaminants, including field
observations of subsurface microorganisms and field-
scale subsurface research.
(B) Coordination.--
(i) Director.--The Director shall carry out
activities under this paragraph in accordance
with priorities established by the Department's
Under Secretary for Science to support and
accelerate the decontamination of relevant
facilities managed by the Department.
(ii) Under secretary for science.--The
Department's Under Secretary for Science shall
ensure the coordination of the activities of
the Department, including activities under this
paragraph, to support and accelerate the
decontamination of relevant facilities managed
by the Department.
(3) Next-generation ecosystem-climate experiment.--
(A) In general.--As part of the activities
described in paragraph (1), the Director, in
collaboration with other relevant agencies that are
participants in the United States Global Change
Research Program, shall carry out the selection and
development of a next-generation ecosystem-climate
change experiment to understand the impact and
feedbacks of increased temperature and elevated carbon
levels on ecosystems.
(B) Report.--Not later than 1 year after the date
of enactment of this Act, the Director shall transmit
to the Congress a report containing--
(i) an identification of the location or
locations that have been selected for the
experiment described in subparagraph (A);
(ii) a description of the need for
additional experiments; and
(iii) an associated research plan.
(4) Ameriflux network coordination and research.--As part
of the activities described in paragraph (1), the Director
shall carry out research and coordinate the AmeriFlux Network
to directly observe and understand the exchange of greenhouse
gases, water vapor, and heat energy within terrestrial
ecosystems and the response of those systems to climate change
and other dynamic terrestrial landscape changes. The Director,
in collaboration with other relevant Federal agencies, shall--
(A) identify opportunities to incorporate
innovative and emerging observation technologies and
practices into the existing Network;
(B) conduct research to determine the need for
increased greenhouse gas observation Network facilities
across North America to meet future mitigation and
adaptation needs of the United States; and
(C) examine how the technologies and practices
described in subparagraph (A), and increased
coordination among scientific communities through the
Network, have the potential to help characterize
terrestrial baseline greenhouse gas emission sources
and sinks in the United States and internationally.
(5) Climate and earth modeling.--As part of the activities
described in paragraph (1), the Director, in collaboration with
the Advanced Scientific Computing Research program described in
section 606, shall carry out research to develop, evaluate, and
use high-resolution regional climate, global climate, Earth,
and predictive models to inform decisions on reducing the
impacts of changing climate.
(6) Integrated assessment research.--As part of the
activities described in paragraph (1), the Director shall carry
out research into options for mitigation of and adaptation to
climate change through multiscale models of the entire climate
system. Such modeling shall include human processes and
greenhouse gas emissions, land use, and interaction among human
and Earth systems.
(7) Coordination.--The Director shall coordinate activities
under this subsection with other Office of Science activities
and with the United States Global Change Research Program.
(d) User Facilities and Ancillary Equipment.--
(1) In general.--The Director shall carry out a program for
the construction, operation, and maintenance of user facilities
to support the program under this section. As practicable,
these facilities shall serve the needs of the Department,
industry, the academic community, and other relevant entities.
(2) Included functions.--User facilities described in
paragraph (1) shall include facilities which carry out--
(A) genome sequencing and analysis of plants,
microbes, and microbial communities using high
throughput tools, technologies, and comparative
analysis;
(B) molecular level research in biological,
chemical, environmental, and subsurface sciences,
including synthesis, dynamic properties, and
interactions among natural and engineered materials;
and
(C) measurement of cloud and aerosol properties
used for examining atmospheric processes and evaluating
climate model performance, including ground stations at
various locations, mobile resources, and aerial
vehicles.
SEC. 606. ADVANCED SCIENTIFIC COMPUTING RESEARCH PROGRAM.
(a) In General.--As part of the activities authorized under section
603, the Director shall carry out a research, development,
demonstration, and commercial application program to advance
computational and networking capabilities to analyze, model, simulate,
and predict complex phenomena relevant to the development of new energy
technologies and the competitiveness of the United States.
(b) Coordination.--
(1) Director.--The Director shall carry out activities
under this section in accordance with priorities established by
the Department's Under Secretary for Science to determine and
meet the computational and networking research and facility
needs of the Office of Science and all other relevant energy
technology and energy efficiency programs within the
Department.
(2) Under secretary for science.--The Department's Under
Secretary for Science shall ensure the coordination of the
activities of the Department, including activities under this
section, to determine and meet the computational and networking
research and facility needs of the Office of Science and all
other relevant energy technology and energy efficiency programs
within the Department.
(c) Research to Support Energy Applications.--As part of the
activities authorized under subsection (a), the program shall support
research in high-performance computing and networking relevant to
energy applications, including both basic and applied energy research
programs carried out by the Secretary.
(d) Reports.--
(1) Advanced computing for energy applications.--Not later
than one year after the date of enactment of this Act, the
Secretary shall transmit to the Congress a plan to integrate
and leverage the expertise and capabilities of the program
described in subsection (a), as well as other relevant
computational and networking research programs and resources
supported by the Federal Government, to advance the missions of
the Department's applied energy and energy efficiency programs,
including the development of smart grid technologies.
(2) Exascale computing.--At least 18 months prior to the
initiation of construction or installation of any exascale-
class computing facility, the Secretary shall transmit a plan
to the Congress detailing--
(A) the proposed facility's cost projections and
capabilities to significantly accelerate the
development of new energy technologies;
(B) technical risks and challenges that must be
overcome to achieve successful completion and operation
of the facility; and
(C) an assessment of the scientific and
technological advances expected from such a facility
relative to those expected from a comparable investment
in expanded research and applications at terascale-
class and petascale-class computing facilities.
(e) Applied Mathematics and Software Development for High-end
Computing Systems.--The Director shall carry out activities to develop,
test, and support mathematics, models, and algorithms for complex
systems, as well as programming environments, tools, languages, and
operating systems for high-end computing systems (as defined in section
2 of the Department of Energy High-End Computing Revitalization Act of
2004 (15 U.S.C. 5541)).
(f) High-end Computing Facilities.--The Director shall--
(1) provide for sustained access by the public and private
research community in the United States to high-end computing
systems, including access to the National Energy Research
Scientific Computing Center and to Leadership Systems (as
defined in section 2 of the Department of Energy High-End
Computing Revitalization Act of 2004 (15 U.S.C. 5541));
(2) provide technical support for users of such systems;
and
(3) conduct research and development on next-generation
computing architectures and platforms to support the missions
of the Department.
(g) Outreach.--The Secretary shall conduct outreach programs and
may form partnerships to increase the use of and access to high-
performance computing modeling and simulation capabilities by industry,
including manufacturers.
SEC. 607. FUSION ENERGY RESEARCH PROGRAM.
(a) Program.--As part of the activities authorized under section
603, the Director shall carry out a fusion energy sciences research and
enabling technology development program to effectively address the
scientific and engineering challenges to building a cost-competitive
fusion power plant and a competitive fusion power industry in the
United States. As part of this program, the Director shall carry out
research activities to expand the fundamental understanding of plasmas
and matter at very high temperatures and densities.
(b) ITER.--The Director shall coordinate and carry out the
responsibilities of the United States with respect to the ITER
international fusion project pursuant to the Agreement on the
Establishment of the ITER International Fusion Energy Organization for
the Joint Implementation of the ITER Project.
(c) Identification of Priorities.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall transmit to the
Congress a report on the Department's proposed research and development
activities in magnetic fusion over the 10 years following the date of
enactment of this Act under four realistic budget scenarios. The report
shall--
(1) identify specific areas of fusion energy research and
enabling technology development in which the United States can
and should establish or solidify a lead in the global fusion
energy development effort; and
(2) identify priorities for initiation of facility
construction and facility decommissioning under each of those
scenarios.
(d) Fusion Materials Research and Development.--The Director, in
coordination with the Assistant Secretary for Nuclear Energy of the
Department, shall carry out research and development activities to
identify, characterize, and create materials that can endure the
neutron, plasma, and heat fluxes expected in a commercial fusion power
plant. As part of the activities authorized under subsection (c), the
Secretary shall--
(1) provide an assessment of the need for a facility or
facilities that can examine and test potential fusion and next
generation fission materials and other enabling technologies
relevant to the development of commercial fusion power plants;
and
(2) provide an assessment of whether a single new facility
that substantially addresses magnetic fusion, inertial fusion,
and next generation fission materials research needs is
feasible, in conjunction with the expected capabilities of
facilities operational as of the date of enactment of this Act.
(e) Enabling Technology Development.--The Secretary shall carry out
activities to develop technologies necessary to enable the reliable,
sustainable, safe, and economically competitive operation of a
commercial fusion power plant.
(f) Fusion Simulation Project.--In collaboration with the Office of
Science's Advanced Scientific Computing Research program described in
section 606, the Director shall carry out a computational project to
advance the capability of fusion researchers to accurately simulate an
entire fusion energy system.
(g) Inertial Fusion Energy Research and Development Program.--The
Secretary shall carry out a program of research and technology
development in inertial fusion for energy applications, including ion
beam and laser fusion. Not later than 180 days after the release of a
report from the National Academies on inertial fusion energy research,
the Secretary shall transmit to Congress a report describing the
Department's plan to incorporate any relevant recommendations from the
National Academies' report into this program.
SEC. 608. HIGH ENERGY PHYSICS PROGRAM.
(a) Program.--As part of the activities authorized under section
603, the Director shall carry out a research program on the elementary
constituents of matter and energy and the nature of space and time.
(b) Neutrino Research.--As part of the program described in
subsection (a), the Director shall carry out research activities on
rare decay processes and the nature of the neutrino, which may--
(1) include collaborations with the National Science
Foundation on relevant projects; and
(2) utilize components of existing accelerator facilities
to produce neutrino beams of sufficient intensity to explore
research priorities identified by the High Energy Physics
Advisory Panel or the National Academy of Sciences.
(c) Dark Energy and Dark Matter Research.--As part of the program
described in subsection (a), the Director shall carry out research
activities on the nature of dark energy and dark matter. These
activities shall be consistent with research priorities identified by
the High Energy Physics Advisory Panel or the National Academy of
Sciences, and may include--
(1) the development of space-based and land-based
facilities and experiments; and
(2) collaborations with the National Aeronautics and Space
Administration, the National Science Foundation, or
international collaborations on relevant research projects.
(d) Accelerator Research and Development.--The Director shall carry
out research and development in advanced accelerator concepts and
technologies to reduce the necessary scope and cost for the next
generation of particle accelerators.
(e) International Collaboration.--The Director, as practicable and
in coordination with other appropriate Federal agencies as necessary,
shall ensure the access of United States researchers to the most
advanced accelerator facilities and research capabilities in the world,
including the Large Hadron Collider.
SEC. 609. NUCLEAR PHYSICS PROGRAM.
(a) Program.--As part of the activities authorized under section
603, the Director shall carry out a research program, and support
relevant facilities, to discover and understand various forms of
nuclear matter.
(b) Facility Construction and Upgrades.--Consistent with the Office
of Science's project management practices, the Director shall carry
out--
(1) an upgrade of the Continuous Electron Beam Accelerator
Facility to a 12 gigaelectronvolt beam of electrons; and
(2) construction of the Facility for Rare Isotope Beams.
(c) Isotope Development and Production for Research Applications.--
The Director shall carry out a program for the production of isotopes,
including the development of techniques to produce isotopes, that the
Secretary determines are needed for research, excluding medical
research. In making this determination, the Secretary shall consider
any relevant recommendations made by Federal advisory committees, the
National Academies, and interagency working groups in which the
Department participates.
SEC. 610. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.
(a) Program.--The Director shall carry out a program to improve the
safety, efficiency, and mission readiness of infrastructure at Office
of Science laboratories. The program shall include projects to--
(1) renovate or replace space that does not meet research
needs;
(2) replace facilities that are no longer cost effective to
renovate or operate;
(3) modernize utility systems to prevent failures and
ensure efficiency;
(4) remove excess facilities to allow safe and efficient
operations; and
(5) construct modern facilities to conduct advanced
research in controlled environmental conditions.
(b) Minor Construction Projects.--
(1) Authority.--Using operation and maintenance funds or
facilities and infrastructure funds authorized by law, the
Secretary may carry out minor construction projects with
respect to laboratories administered by the Office of Science.
(2) Annual report.--The Secretary shall submit to Congress,
as part of the annual budget submission of the Department, a
report on each exercise of the authority under subsection (a)
during the preceding fiscal year. Each report shall include a
summary of maintenance and infrastructure needs and associated
funding requirements at each of the laboratories, including the
amount of both planned and deferred infrastructure spending at
each laboratory. Each report shall provide a brief description
of each minor construction project covered by the report.
(3) Cost variation reports.--If, at any time during the
construction of any minor construction project, the estimated
cost of the project is revised and the revised cost of the
project exceeds the minor construction threshold, the Secretary
shall immediately submit to Congress a report explaining the
reasons for the cost variation.
(4) Definitions.--In this section--
(A) the term ``minor construction project'' means
any plant project not specifically authorized by law
for which the approved total estimated cost does not
exceed the minor construction threshold; and
(B) the term ``minor construction threshold'' means
$10,000,000, with such amount to be adjusted by the
Secretary in accordance with the Engineering News-
Record Construction Cost Index, or an appropriate
alternative index as determined by the Secretary, once
every five years after the date of enactment of this
Act.
(5) Nonapplicability.--Sections 4703 and 4704 of the Atomic
Energy Defense Act (50 U.S.C. 2743 and 2744) shall not apply to
laboratories administered by the Office of Science.
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for the
activities of the Office of Science--
(1) $5,247,000,000 for fiscal year 2011, of which--
(A) $1,875,000,000 shall be for Basic Energy
Sciences activities under section 604;
(B) $667,000,000 shall be for Biological and
Environmental Research activities under section 605;
and
(C) $466,000,000 shall be for Advanced Scientific
Computing Research activities under section 606;
(2) $5,614,000,000 for fiscal year 2012, of which--
(A) $2,025,000,000 shall be for Basic Energy
Sciences activities under section 604;
(B) $720,000,000 shall be for Biological and
Environmental Research activities under section 605;
and
(C) $503,000,000 shall be for Advanced Scientific
Computing Research activities under section 606;
(3) $6,007,000,000 for fiscal year 2013, of which--
(A) $2,187,000,000 shall be for Basic Energy
Sciences activities under section 604;
(B) $778,000,000 shall be for Biological and
Environmental Research activities under section 605;
and
(C) $544,000,000 shall be for Advanced Scientific
Computing Research activities under section 606;
(4) $6,428,000,000 for fiscal year 2014, of which--
(A) $2,362,000,000 shall be for Basic Energy
Sciences activities under section 604;
(B) $840,000,000 shall be for Biological and
Environmental Research activities under section 605;
and
(C) $587,000,000 shall be for Advanced Scientific
Computing Research activities under section 606; and
(5) $6,878,000,000 for fiscal year 2015, of which--
(A) $2,551,000,000 shall be for Basic Energy
Sciences activities under section 604;
(B) $907,000,000 shall be for Biological and
Environmental Research activities under section 605;
and
(C) $634,000,000 shall be for Advanced Scientific
Computing Research activities under section 606.
Subtitle B--Advanced Research Projects Agency-Energy
SEC. 621. SHORT TITLE.
This subtitle may be cited as the ``ARPA-E Reauthorization Act of
2010''.
SEC. 622. ARPA-E AMENDMENTS.
Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is
amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A), by inserting ``and
applied'' after ``advances in fundamental'';
(B) by striking ``and'' at the end of subparagraph
(B);
(C) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(D) promoting the commercial application of
advanced energy technologies.'';
(2) in subsection (e)(3), by amending subparagraph (C) to
read as follows:
``(C) research and development of advanced
manufacturing process and technologies for the domestic
manufacturing of novel energy technologies; and'';
(3) in subsection (e)--
(A) by striking ``and'' at the end of paragraph
(3)(D);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) pursuant to subsection (c)(2)(C)--
``(A) ensuring that applications for funding
disclose the extent of current and prior efforts,
including monetary investments as appropriate, in
pursuit of the technology area for which funding is
being requested;
``(B) adopting measures to ensure that, in making
awards, program managers adhere to the objectives in
subsection (c)(2)(C); and
``(C) providing as part of the annual report
required by subsection (h)(1) a summary of the
instances of and reasons for ARPA-E funding projects in
technology areas already being undertaken by
industry.'';
(4) by redesignating subsections (f) through (m) as
subsections (g), (h), (i), (j), (l), (m), (n), and (o),
respectively;
(5) by inserting after subsection (e) the following new
subsection:
``(f) Awards.--In carrying out this section, the Director may
initiate and execute awards in the form of grants, contracts,
cooperative agreements, cash prizes, and other transactions. The
Director shall make awards designed to overcome the long-term and high-
risk barriers relating to the goals and means set forth in subsection
(c) and facilitate submissions, where possible by small businesses and
entrepreneurs, pursuant to announcements published not less frequently
than annually, of funding opportunities for--
``(1) specific areas of technological innovation; and
``(2) broadly defined areas of science and technology,
to remain open for periods of one year.'';
(6) in subsection (g), as so redesignated by paragraph (4)
of this section--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2), as so
redesignated by subparagraph (A) of this paragraph, the
following new paragraph:
``(1) In general.--The Director shall establish and
maintain within ARPA-E a staff with sufficient qualifications
and expertise to enable ARPA-E to carry out its
responsibilities under this section in conjunction with the
operations of the rest of the Department.'';
(C) in paragraph (2)(A), as so redesignated by
subparagraph (A) of this paragraph--
(i) in the paragraph heading, by striking
``Program managers'' and inserting ``Program
directors'';
(ii) by striking ``program managers'' and
inserting ``program directors''; and
(iii) by striking ``each of''.
(D) in paragraph (2)(B), as so redesignated by
subparagraph (A) of this paragraph--
(i) by striking ``program manager'' and
inserting ``program director'';
(ii) in clause (iv), by striking ``, with
advice under subsection (j) as appropriate,'';
(iii) by redesignating clauses (v) and (vi)
as clauses (vi) and (viii), respectively;
(iv) by inserting after clause (iv) the
following new clause:
``(v) identifying innovative cost-sharing
arrangements for ARPA-E projects, including
through use of the authority under section
988(b)(3) of the Energy Policy Act of 2005 (42
U.S.C. 16352(b)(3));'';
(v) in clause (vi), as so redesignated by
clause (iii) of this subparagraph, by striking
``; and'' and inserting a semicolon; and
(vi) by inserting after clause (vi), as so
redesignated by clause (iii) of this
subparagraph, the following new clause:
``(vii) identifying mechanisms for
commercial application of successful energy
technology development projects, including
through establishment of partnerships between
awardees and commercial entities; and'';
(E) in paragraph (2)(C), as so redesignated by
subparagraph (A) of this paragraph, by inserting ``up
to'' after ``shall be'';
(F) in paragraph (3)(B), as so redesignated by
subparagraph (A) of this paragraph, by striking ``not
less than 70, and not more than 120,'' and inserting
``not more than 120''; and
(G) by adding at the end the following new
paragraph:
``(4) Fellowships.--The Director is authorized to select
exceptional early-career and senior scientific, legal,
business, and technical personnel to serve as fellows to work
at ARPA-E for terms not to exceed two years. Responsibilities
of fellows may include--
``(A) supporting program directors in program
creation, design, implementation, and management;
``(B) exploring technical fields for future ARPA-E
program areas;
``(C) assisting the Director in the creation of the
strategic vision for ARPA-E referred to in subsection
(h)(2);
``(D) preparing energy technology and economic
analyses; and
``(E) any other appropriate responsibilities
identified by the Director.'';
(7) in subsection (h)(2), as so redesignated by paragraph
(4) of this section--
(A) by striking ``2008'' and inserting ``2010'';
and
(B) by striking ``2011'' and inserting ``2013'';
(8) by amending subsection (j), as so redesignated by
paragraph (4) of this section, to read as follows:
``(j) Federal Demonstration of Technologies.--The Director shall
seek opportunities to partner with purchasing and procurement programs
of Federal agencies to demonstrate energy technologies resulting from
activities funded through ARPA-E.'';
(9) by inserting after such subsection (j) the following
new subsection:
``(k) Events.--
``(1) The Director is authorized to convene, organize, and
sponsor events that further the objectives of ARPA-E, including
events that assemble awardees, the most promising applicants
for ARPA-E funding, and a broad range of ARPA-E stakeholders
(which may include members of relevant scientific research and
academic communities, government officials, financial
institutions, private investors, entrepreneurs, and other
private entities), for the purposes of--
``(A) demonstrating projects of ARPA-E awardees;
``(B) demonstrating projects of finalists for ARPA-
E awards and other energy technology projects;
``(C) facilitating discussion of the commercial
application of energy technologies developed under
ARPA-E and other government-sponsored research and
development programs; or
``(D) such other purposes as the Director considers
appropriate.
``(2) Funding for activities described in paragraph (1)
shall be provided as part of the technology transfer and
outreach activities authorized under subsection (o)(4)(B).'';
(10) in subsection (m)(1), as so redesignated by paragraph
(4) of this section, by striking ``4 years'' and inserting ``6
years'';
(11) in subsection (m)(2)(B), as so redesignated by
paragraph (4) of this section, by inserting ``, and how those
lessons may apply to the operation of other programs within the
Department of Energy'' after ``ARPA-E'';
(12) by amending subsection (o)(2), as so redesignated by
paragraph (4) of this section, to read as follows:
``(2) Authorization of appropriations.--Subject to
paragraph (4), there are authorized to be appropriated to the
Director for deposit in the Fund, without fiscal year
limitation--
``(A) $300,000,000 for fiscal year 2011;
``(B) $450,000,000 for fiscal year 2012;
``(C) $600,000,000 for fiscal year 2013;
``(D) $800,000,000 for fiscal year 2014; and
``(E) $1,000,000,000 for fiscal year 2015.'';
(13) in subsection (o), as so redesignated by paragraph (4)
of this section, by--
(A) striking paragraph (4); and
(B) redesignating paragraph (5) as paragraph (4);
and
(14) in subsection (o)(4)(B), as so redesignated by
paragraphs (4) and (13)(B) of this subsection--
(A) by striking ``2.5 percent'' and inserting ``5
percent''; and
(B) by inserting ``, consistent with the goal
described in subsection (c)(2)(D) and within the
responsibilities of program directors as specified in
subsection (g)(2)(B)(vii)'' after ``outreach
activities''.
Subtitle C--Energy Innovation Hubs
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ``Energy Innovation Hubs
Authorization Act of 2010''.
SEC. 632. ENERGY INNOVATION HUBS.
(a) Establishment of Program.--
(1) In general.--The Secretary of Energy shall carry out a
program to enhance the Nation's economic, environmental, and
energy security by making grants to consortia for establishing
and operating Energy Innovation Hubs to conduct and support,
whenever practicable at one centralized location,
multidisciplinary, collaborative research, development,
demonstration, and commercial application of advanced energy
technologies in areas not being served by the private sector.
(2) Technology development focus.--The Secretary shall
designate for each Hub a unique advanced energy technology
development focus.
(3) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of Hubs with those of other Department of Energy
research entities, including the National Laboratories, the
Advanced Research Projects Agency--Energy, and Energy Frontier
Research Centers, and within industry. Such coordination shall
include convening and consulting with representatives of staff
of the Department of Energy, representatives from Hubs and the
qualifying entities that are members of the consortia operating
the Hubs, and representatives of such other entities as the
Secretary considers appropriate, to share research results,
program plans, and opportunities for collaboration.
(4) Administration.--The Secretary shall administer this
section with respect to each Hub through the Department program
office appropriate to administer the subject matter of the
technology development focus assigned under paragraph (2) for
the Hub.
(b) Consortia.--
(1) Eligibility.--To be eligible to receive a grant under
this section for the establishment and operation of a Hub, a
consortium shall--
(A) be composed of no fewer than 2 qualifying
entities;
(B) operate subject to a binding agreement entered
into by its members that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the Hub;
(ii) measures to enable cost-effective
implementation of the program under this
section;
(iii) a proposed budget, including
financial contributions from non-Federal
sources;
(iv) conflict of interest procedures
consistent with subsection (d)(3), all known
material conflicts of interest, and
corresponding mitigation plans;
(v) an accounting structure that enables
the Secretary to ensure that the consortium has
complied with the requirements of this section;
and
(vi) an external advisory committee
consistent with subsection (d)(2); and
(C) operate as a nonprofit organization.
(2) Application.--A consortium seeking to establish and
operate a Hub under this section, acting through a prime
applicant, shall transmit to the Secretary an application at
such time, in such form, and accompanied by such information as
the Secretary shall require, including a detailed description
of the elements of the consortium agreement required under
paragraph (1)(B). If the consortium members will not be located
at one centralized location, such application shall include a
communications plan that ensures close coordination and
integration of the Hub's activities.
(c) Selection and Schedule.--The Secretary shall select consortia
for grants for the establishment and operation of Hubs through
competitive selection processes. In selecting consortia, the Secretary
shall consider the information a consortium must disclose according to
subsection (b), as well as any existing facilities a consortium will
provide for Hub activities. Grants made to a Hub shall be for a period
not to exceed 5 years, after which the grant may be renewed, subject to
a competitive selection process.
(d) Hub Operations.--
(1) In general.--Hubs shall conduct or provide for
multidisciplinary, collaborative research, development,
demonstration, and commercial application of advanced energy
technologies within the technology development focus designated
for the Hub by the Secretary under subsection (a)(2). Each Hub
shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium and
awardees by conducting activities whenever practicable
at one centralized location;
(B) develop and publish on the Department of
Energy's website proposed plans and programs;
(C) submit an annual report to the Secretary
summarizing the Hub's activities, including detailing
organizational expenditures, listing external advisory
committee members, and describing each project
undertaken by the Hub; and
(D) monitor project implementation and
coordination.
(2) External advisory committee.--Each Hub shall establish
an external advisory committee, the membership of which shall
have sufficient expertise to advise and provide guidance on
scientific, technical, industry, financial, and research
management matters.
(3) Conflicts of interest.--
(A) Procedures.--Hubs shall establish conflict of
interest procedures, consistent with those of the
Department of Energy, to ensure that employees and
consortia designees for Hub activities who are in
decisionmaking capacities disclose all material
conflicts of interest, including financial,
organizational, and personal conflicts of interest.
(B) Disqualification and revocation.--The Secretary
may disqualify an application or revoke funds
distributed to a Hub if the Secretary discovers a
failure to comply with conflict of interest procedures
established under subparagraph (A).
(e) Prohibition on Construction.--
(1) In general.--No funds provided pursuant to this section
may be used for construction of new buildings or facilities for
Hubs. Construction of new buildings or facilities shall not be
considered as part of the non-Federal share of a Hub cost-
sharing agreement.
(2) Test bed and renovation exception.--Nothing in this
subsection shall prohibit the use of funds provided pursuant to
this section, or non-Federal cost share funds, for the
construction of a test bed or renovations to existing buildings
or facilities for the purposes of research if the Oversight
Board determines that the test bed or renovations are limited
to a scope and scale necessary for the research to be
conducted.
(f) Oversight Board.--The Secretary shall establish and maintain
within the Department an Oversight Board to oversee the progress of
Hubs.
(g) Priority Consideration.--The Secretary shall give priority
consideration to applications in which 1 or more of the institutions
under subsection (b)(1)(A) are 1890 Land Grant Institutions (as defined
in section 2 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7061)), Predominantly Black Institutions
(as defined in section 318 of the Higher Education Act of 1965 (20
U.S.C. 1059e)), Tribal Colleges or Universities (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), or
Hispanic Serving Institutions (as defined in section 318 of the Higher
Education Act of 1965 (20 U.S.C. 1059e)).
(h) Definitions.--For purposes of this section:
(1) Advanced energy technology.--The term ``advanced energy
technology'' means an innovative technology--
(A) that produces energy from solar, wind,
geothermal, biomass, tidal, wave, ocean, or other
renewable energy resources;
(B) that produces nuclear energy;
(C) for carbon capture and sequestration;
(D) that enables advanced vehicles, vehicle
components, and related technologies that result in
significant energy savings;
(E) that generates, transmits, distributes,
utilizes, or stores energy more efficiently than
conventional technologies, including through Smart Grid
technologies; or
(F) that enhances the energy independence and
security of the United States by enabling improved or
expanded supply and production of domestic energy
resources, including coal, oil, and natural gas.
(2) Hub.--The term ``Hub'' means an Energy Innovation Hub
established in accordance with this section.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(4) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education;
(B) an appropriate State or Federal entity,
including the Department of Energy Federally Funded
Research and Development Centers;
(C) a nongovernmental organization with expertise
in advanced energy technology research, development,
demonstration, or commercial application; or
(D) any other relevant entity the Secretary
considers appropriate.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $110,000,000 for fiscal year 2011;
(2) $135,000,000 for fiscal year 2012;
(3) $195,000,000 for fiscal year 2013;
(4) $210,000,000 for fiscal year 2014; and
(5) $210,000,000 for fiscal year 2015.
Subtitle D--Cooperative Research and Development Fund
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Cooperative Research and
Development Fund Authorization Act of 2010''.
SEC. 642. COOPERATIVE RESEARCH AND DEVELOPMENT FUND.
(a) In General.--The Secretary of Energy shall make funds available
to Department of Energy National Laboratories for the Federal share of
cooperative research and development agreements. The Secretary of
Energy shall determine the apportionment of such funds to each
Department of Energy National Laboratory and shall ensure that special
consideration is given to small business firms and consortia involving
small business firms in the selection process for which cooperative
research and development agreements will receive such funds.
(b) Reporting.--Each year the Secretary shall submit to Congress a
report that describes how funds were expended under this subtitle.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section each fiscal year. No funds allocated for this section
shall come from funds allocated for the Office of Science.
Subtitle E--Technology Transfer Database
SEC. 651. TECHNOLOGY TRANSFER DATABASE.
To support the commercial application of new energy technologies
development by the Department of Energy, the Secretary of Energy may
establish an online database of technologies, capabilities, and
resources available to the public at the National Laboratories.
TITLE VII--MISCELLANEOUS
SEC. 701. SENSE OF CONGRESS.
It is the sense of Congress that, among the programs and activities
authorized in this Act, those that correspond to the recommendations of
the National Academy of Sciences' 2005 report entitled ``Rising Above
the Gathering Storm'' remain critical to maintaining long-term United
States economic competitiveness, and accordingly shall receive funding
priority.
SEC. 702. PERSONS WITH DISABILITIES.
For the purposes of the activities and programs supported by this
Act and the amendments made by this Act--
(1) institutions of higher education chartered to serve
large numbers of students with disabilities, including
Gallaudet University, Landmark College, and the National
Technical Institute for the Deaf, and institutions of higher
education offering science, technology, engineering, and
mathematics research and education activities and programs that
serve veterans with disabilities, shall receive special
consideration in the review of any proposals by these
institutions for funding under the research and education
programs authorized in this Act to ensure that institutions of
higher education chartered to or serving persons with
disabilities benefit from such research and education
activities and programs; and
(2) agencies with respect to which appropriations are
authorized under this Act shall also conduct outreach to
veterans with disabilities pursuing studies in science,
technology, engineering, and mathematics to ensure that such
veterans are aware of and benefit from the research and
education activities and programs authorized by this Act.
SEC. 703. VETERANS AND SERVICE MEMBERS.
In awarding scholarships and fellowships under this Act, an
institution of higher education shall give preference to applications
from veterans and service members, including those who have received or
will receive the Afghanistan Campaign Medal or the Iraq Campaign Medal
as authorized by Public Law 108-234 (10 U.S.C. 1121 note; 118 Stat.
655) and Executive Order No. 13363.
SEC. 704. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 705. LIMITATION.
No funds authorized under this Act shall be used for the employment
of, or shall be received by, any individual who has been convicted of,
or pleaded guilty to, a crime of child molestation, rape, or any other
form of sexual assault.
SEC. 706. PROHIBITION ON LOBBYING.
Nothing in this Act shall be construed to supercede section 1913 of
title 18, United States Code.
SEC. 707. INFORMATION REQUESTS BY LABOR ORGANIZATIONS.
(a) Eligibility for Funds.--Notwithstanding any other provision of
this Act, a public institution of higher education that employs
employees who are represented by a labor organization and perform work
on an activity or program supported by this Act or an amendment made by
this Act shall be eligible to receive funding for facilities and
administrative costs for any activity or program supported by this Act
or the amendments made by this Act only if the institution maintains a
policy that meets the requirements set forth in subsection (b).
(b) Requirements.--A policy described under subsection (a) shall
require that the institution provide, within 15 days of receipt of a
request by a labor organization representing the employees of the
institution described in subsection (a), any information which the
labor organization has a lawful right to obtain under applicable labor
laws. Such a policy shall provide that, on a case-by-case basis, such
15 days may be extended to a longer time period by mutual agreement of
the labor organization and the institution.
(c) Failure to Comply With Policy.--
(1) Complaint of noncompliance.--In the case of an
institution of higher education that does not provide
information requested by a labor organization in compliance
with the requirements of a policy described in subsections (a)
and (b), the labor organization may file a complaint of
noncompliance with the head of the agency overseeing any
activity or program supported by this Act or the amendments
made by this Act for which the institution is receiving funds.
(2) Notification to institution.--Upon receiving such a
complaint, the head of such agency shall notify the institution
of the complaint and provide the institution an additional 30
days to provide the requested information to the labor
organization or otherwise explain why the complaint of non-
compliance is not valid.
(3) Agency action.--If the information has not been
provided by the institution at the conclusion of such 30 day
period and the head of such agency determines the complaint to
be valid, the head of such agency shall suspend payment of any
funds for facilities and administrative costs that would
otherwise be available to such institution for all activities
and programs supported by this Act and the amendments made by
this Act until such time as the requested information has been
provided by the institution.
(d) Definitions.--For purposes of this section--
(1) the term ``institution of higher education'' has the
meaning given such term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)), except that such
term does not include a private institution of higher
education; and
(2) the term ``facilities and administrative costs'' means
facilities and administrative (F&A) costs as defined in the
Office of Management and Budget Revised Circular A-21 (Cost
Principles for Educational Institutions, published in the
Federal Register on May 10, 2004).
(e) Effective Date.--This section shall take effect on January 1,
2011.
SEC. 708. LIMITATION.
No funds authorized to be appropriated by this Act or the
amendments made by this Act may be used to purchase gift items,
knickknacks, souvenirs, trinkets, or other items without direct
educational value.
SEC. 709. NO SALARIES FOR VIEWING PORNOGRAPHY.
None of the funds authorized under this Act may be used to pay the
salary of any individual who has been officially disciplined for
violations of subpart G of the Standards of Ethical Conduct for
Employees of the Executive Branch for viewing, downloading, or
exchanging pornography, including child pornography, on a Federal
Government computer or while performing official Federal Government
duties.
SEC. 710. INELIGIBILITY FOR AWARDS OR GRANTS.
None of the funds authorized under this Act shall be available to
make awards to or provide grants for an institution of higher education
under this Act if that institution is prevented from receiving funds
for contracts or grants for education under section 983 of title 10,
United States Code.
Passed the House of Representatives May 28, 2010.
Attest:
Clerk.
111th CONGRESS
2d Session
H. R. 5116
_______________________________________________________________________
AN ACT
To invest in innovation through research and development, to improve
the competitiveness of the United States, and for other purposes.