[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[House]
[Pages 7984-8041]
[From the U.S. Government Publishing Office, www.gpo.gov]




              AMERICA COMPETES REAUTHORIZATION ACT OF 2010

  The SPEAKER pro tempore. Pursuant to House Resolution 1344 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 5116.

                              {time}  1450


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 5116) to invest in innovation through research and development, 
to improve the competitiveness of the United States, and for other 
purposes, with Ms. Norton in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Tennessee (Mr. Gordon) and the gentleman from 
Texas (Mr. Hall) each will control 30 minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. GORDON of Tennessee. Madam Chair, I yield myself such time as I 
may consume.
  On October 12, 2005, in response to a bipartisan request by the 
Science and Technology Committee and some of our colleagues in the 
Senate, the National Academies released the report ``Rising Above the 
Gathering Storm.'' The distinguished panel, led by Norm Augustine, the 
former CEO of Lockheed Martin, and which also included Craig Barrett of 
Intel, the current Secretary of Energy, Steve Chu, and a cast of other 
distinguished academic and business leaders, painted a very dire 
picture. The report made clear that without action, the future was 
bleak for our children and grandchildren. This report was, without 
question, a call to arms.
  The Science and Technology Committee, along with several committees

[[Page 7985]]

in the Senate, moved forward by turning the ``Gathering Storm'' 
recommendation into legislative language. The final result was the 
enactment of the America COMPETES Act of 2007, with the bipartisan 
support of 365 Members. Moreover, with the leadership of Senators 
Alexander and Bingaman and 69 Senate cosponsors, the Senate approved 
the conference report by unanimous consent. Now, after 3 years, we are 
back to work on reauthorizing the America COMPETES Act.
  Since the enactment of America COMPETES, the Science and Technology 
Committee has held 48 hearings on areas addressed in the bill 
considered by the House today. Going through regular order, our 
subcommittee, in a bipartisan process, brought the full committee to a 
strong body of work. The bill was approved by the Science and 
Technology Committee on April 28, with a bipartisan vote of 29-8.
  I want to thank all of the members of our committee for their work, 
and more importantly, their contribution to this bill.
  Since I became chairman of the committee, it has been my goal for 
this to be a committee of good ideas and consensus. But more 
importantly, I have wanted an inclusive process that encouraged members 
on all sides to bring forward ideas and to discuss them.
  I am proud of the process that we've used in bringing this bill to 
the House, and I believe this is a better bill today because of the 
hard work of our members. So I thank them for their efforts.
  I would also like to thank the majority and minority staffs for the 
many hours of thoughtful work they have committed to this bill.
  Many significant pieces of legislation come before this House. We all 
know that. But, honestly, I feel strongly that this bill is a big deal 
and it's important. It's a big deal and important for our country and 
for this Congress. It's a big deal and an important step in leading our 
Nation's innovation agenda in the face of growing global competition. 
It's a big deal and important for the business community, including the 
U.S. Chamber of Commerce, the National Association of Manufacturers, 
and the Business Roundtable, which is why they have been so supportive. 
It's a big deal and important to our universities and our national 
labs, and it's a big deal and important to our children and 
grandchildren so they will not be the first generation of Americans to 
inherit a standard of living lower than their parents.
  If we are to reverse the trend of the last 20 years where our 
country's technological edge in the world has diminished, we must make 
the investments necessary today. The statistics speak for themselves. 
More than 50 percent of our economic growth since World War II can be 
attributed to the development and adoption of new technologies.
  The path is simple. Research and education lead to innovation. 
Innovation leads to economic development and good-paying jobs and the 
revenue to pay for more research. And as private firms underinvest in 
research and development because the returns are too far off in the 
future, there is a clear and necessary role of government to help our 
Nation keep pace with the rest of the world.
  To quickly summarize, the America COMPETES Reauthorization Act of 
2010, H.R. 5116, makes investments in science innovation, education to 
strengthen U.S. scientific economic leadership, supports business, and 
creates jobs in the short, mid, and long term.
  In the short term, Federal programs like the innovative technological 
Federal loan guarantees addresses the immediate need of small- and 
medium-sized manufacturers. In the midterm, the bill will strengthen 
regional economies through programs like the regional innovation 
clusters.
  To ensure its scientific and technological leadership now and long 
into the future, the bill makes investments in the basic research. The 
bill includes a reauthorization of the Advanced Research Projects 
Agency for Energy, ARPA-E. Even before the price of oil hit today's 
record highs, ``Gathering Storm'' recommended greater energy 
independence. But as we move to a cleaner, more efficient and more 
balanced economic portfolio, we should not trade our dependency on 
foreign oil for a dependency on foreign technology. This is why ARPA-E 
is so important.
  The bill also includes an authorization for Energy Innovation Hubs 
which will each focus on overcoming a single technological barrier to 
achieving our national energy innovation goals. The bill will double 
authorization funding for our basic research programs, the National 
Science Foundation, the Department of Energy Office of Science, the 
labs at the National Institute of Standards and Technology over the 
next 10 years.
  Throughout the committee process, there was a lot of legitimate 
discussion about Federal deficits. And I agree, we must address the 
challenges presented by our deficits, but we also must invest in our 
country's future. I remember Newt Gingrich saying one of his greatest 
regrets was not doubling the funding for NSF when he put NIH on a 
doubling path.
  During the committee consideration of this bill, we made some 
significant changes to the bill's authorization levels. But we will 
maintain a doubling path for our research accounts over the next 10 
years. We do so on a slightly less aggressive trajectory.
  The bill, as introduced, included authorizations totaling 
approximately $93 billion over 5 years. The bill we consider today 
includes authorizations of approximately $84 billion. This represents a 
10.3 percent reduction in funding for the introduction of the bill, or 
a reduction of more than $9.6 billion over 5 years.
  This bill provides a stable, sustainable, and achievable set of 
authorization levels that balance the importance of these investments 
with the reality of our current budget deficits.
  Another important element of the funding roadmap in the bill is 
certainty. As we know, most successful businesses do not operate in a 
1-year timetable. They generate plans years in advance. In fact, many 
businesses operate using at least a 5-year plan. So as we continue to 
climb out of the worst economic downturn in a generation, we need a 5-
year plan to reinvest in our intellectual capital, our research 
enterprise, and our workforce training. This becomes even more 
important when comparing our efforts to other nations.
  Our global competitors, most notably China, increase innovation in 5-
year windows. They write a 5-year plan, watch its progress, and in year 
4, they begin on the next 5-year plan. The time has come for our 
country to establish a clear path forward with a thoughtful, 
responsible 5-year plan.
  Finally, let me say that more than 50 years ago when DARPA was first 
created, no one had an idea that the research it would fund would be 
responsible for creation of the Internet or the proliferation of GPS 
technologies, but it did. Those innovations started with Federal 
dollars, as did countless other game-changing technologies.

                              {time}  1500

  There is an undeniable relationship between the investment in R&D and 
the creation of jobs, the creation of companies, and economic growth. 
But don't just take my word for it. The Joint Economic Committee 
released a report this week that shows the economic benefits from 
Federal investment in research.
  The Science Coalition, a nonprofit, nonpartisan organization of the 
Nation's leading research universities, released a report this week 
entitled ``Sparking Economic Growth: How Federally Funded University 
Research Creates Innovation, New Companies, and Jobs.'' This report 
tells the stories of 100 companies, including Google, Cisco, SAS, 
Genentech, Orbital Sciences, Sun Power, Medtronic, and Hewlett-Packard, 
that were all created based on research funded with Federal dollars.
  And, last, there are the sponsors of this important legislation. The 
U.S. Chamber of Commerce, the Business Roundtable, the National 
Association of Manufacturers, the Council of Competitiveness, the Task 
Force of American Innovation, the American Chemical Society, as well as 
a growing list

[[Page 7986]]

of over 1,000 major companies, universities, trade associations, and 
professional organizations, all understanding the benefits to U.S. 
companies of making a sustained commitment to research and STEM 
education.
  COMPETES is and will continue to be a bipartisan, bicameral effort 
that every Member of this House can feel ownership of and should take 
bragging rights on.
  I reserve the balance of my time.
  Mr. HALL of Texas. Madam Chair, I yield myself such time as I may 
consume.
  I rise today to speak on H.R. 5116, a bill reauthorizing the America 
COMPETES Act. COMPETES was originally authorized in 2007 in response to 
recommendations in the National Academies Report, ``Rising Above the 
Gathering Storm,'' and initiatives proposed in President Bush's 
American Competitiveness Initiative that stressed the need for 
increased investments in basic science research and development. The 
2007 House-passed bill was a 3-year authorization that placed three 
agencies, the National Science Foundation, the National Institute of 
Standards and Technology, and the Office of Science at the Department 
of Energy on a 10-year doubling path.
  I remain committed to the underlying goals of the America COMPETES 
Act. I like the thrust. I like the goals. Most of us on our side of the 
docket did. We believe that we should continue to prioritize 
investments in basic research and science, technology, engineering, and 
mathematics--the STEM--education. These long-term investments, coupled 
with policies that reduce tax burdens, streamline Federal regulations, 
and balance the Federal budget, are necessary steps for our Nation to 
remain competitive in the global marketplace.
  However, the bill goes far beyond the original intent and scope of 
the COMPETES legislation. One of my primary concerns is the cost of the 
overall package. At $86 billion, it represents over $22 billion in new 
funding above the fiscal year 2010 basic level. Even if you consider 
the 10-year doubling path for the three agencies as opposed to flat 
funding, the bill is still almost $8 billion over that amount.
  It is also important to note that these agencies received an 
additional $5 billion in the American Recovery and Reinvestment Act. 
Given the current state of our national economy and the fact that our 
Nation's budget deficit has increased 50 percent since the last 
authorization 3 years ago, we have to be mindful of our spending if 
America is to continue to compete globally.
  I am also concerned by the creation of several new programs in this 
bill, including Energy Innovation Hubs at DOE, a loan guarantee program 
at the Department of Commerce, and regional innovation clusters at the 
Department of Commerce. Several of these new programs fund activities 
beyond basic science research and development, and many are potentially 
duplicative of current efforts and could divert money away from 
priority basic research.
  Given the number of new programs in this bill, it is especially 
troubling that the authorization length is 5 years, as it limits 
congressional oversight opportunities and calls for out-year funding 
increases without regard to the current and future fiscal environment.
  At the full committee markup in April, Republicans offered 39 
amendments to, among other things, address increased costs, shifts in 
priorities, duplications of programs, and congressional oversight. Some 
of these concerns will be debated today as part of our amendment 
process.
  Before I close, I would also like to thank and acknowledge my staff 
for all of the hard work they have done on this bill. I also want to 
thank Chairman Gordon and his staff for all of their efforts. Chairman 
Gordon and I have worked together in this body for several years, and I 
will absolutely miss working with him when he retires at the end of 
this year. As a matter of fact, as he leaves this session, I hope we 
can name part of this program after Bart Gordon because he is the 
father of it.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Madam Chair, how much time do we have?
  The CHAIR. The gentleman from Tennessee has 20\1/2\ minutes 
remaining.
  Mr. GORDON of Tennessee. Madam Chair, I yield to the gentleman from 
Oregon (Mr. Wu), the chairman of our Technology and Innovation 
Subcommittee, 1\1/2\ minutes.
  Mr. WU. I thank the chairman.
  I rise today in strong support of America COMPETES, and I want to 
recognize the tremendous leadership which Chairman Gordon has given in 
this effort. He is the father of this bill. He has created the ARPA-E 
energy initiative in this bill and has shown tremendous leadership by 
pushing this effort forward.
  I am particularly proud of the contribution that my subcommittee, the 
Technology and Innovation Subcommittee, has made to this legislation. 
Innovation is absolutely crucial to our Nation's long-term global 
competitiveness. It is our economic seed corn, and we have a 
responsibility to support the kind of economic environment that 
empowers our Nation's private sector to innovate and create jobs.
  The bipartisan legislation we are considering today will strengthen 
our Nation's economic competitiveness by creating an environment that 
encourages innovation and facilitates economic growth. It will create 
high wage, middle class jobs through innovation and technologic 
development. Among other things, the bill makes critical investments in 
the Manufacturing Extension Partnership, which will help this vital 
program better address the needs of our Nation's small- and medium-
sized manufacturers.
  Of particular importance is the new focus of the MEP program on 
finding out what the local job market really needs and helping 
community colleges focus job training on these particular needs so that 
the retrained workers can find work nearby. America COMPETES is the 
cornerstone of our Nation's global competitiveness, and today's 
reauthorization bill represents another crucial step in implementing 
the innovation agenda.
  Mr. HALL of Texas. Madam Chair, I yield 4 minutes to Mr. 
Sensenbrenner, the gentleman from Wisconsin.
  Mr. SENSENBRENNER. I thank the gentleman for yielding.
  Madam Chairman, I rise today in opposition to H.R. 5116, the America 
COMPETES Reauthorization Act. Madam Chairman, I support efforts to 
invest in science and technology. In these tough economic times, we 
must look ahead and recognize the necessity of research and 
experimentation in developing new products and improving existing ones. 
If the U.S. wants to remain the leader in technological innovation, it 
is imperative that we invigorate investment in private sector 
innovation so that we can expand our global leadership in high 
technology and spur greater economic growth domestically.
  As the former chairman of the House Science Committee, I understand 
the importance of promoting policies that strengthen America's 
technological leadership, and recognize the endless economic benefits 
when innovation takes place. However, once again, we are seeing the 
majority ignore rising deficits and continue on the path of reckless 
spending. As some of my colleagues have already noted, this legislation 
includes $22 billion in new funding over this year's base. Our national 
debt stands at $13 trillion, and our deficits are up 50 percent over 
the past 3 years. The majority cannot continue to pile the debt upon 
our children and grandchildren.
  It strikes me as odd that we are ramping up funding for this act when 
the programs that it funds are only starting to be implemented. Without 
having the opportunity to perform proper oversight to know which 
programs are effective and which are not, it appears that we are simply 
here today to throw another $86 billion at the wall to see what sticks.
  The legislation before us goes beyond basic research and development 
activities. It creates several duplicative and unnecessary programs. 
Take, for example, the creation of the new Energy Innovation Hub 
program. The administration's fiscal year 2011 budget included funding 
for a hub on batteries

[[Page 7987]]

and energy storage; however, budget documents indicate that there are 
at least five other DOE programs which conduct similar energy storage 
R&D activities. Unfortunately, this is not the only example of a 
proposed hub that appears to duplicate existing R&D efforts.
  Additionally, this legislation not only dramatically increases 
spending, but shifts the focus of the original America COMPETES Act of 
basic research to increased spending on later-stage technology 
development and commercialization efforts. I do not believe that the 
government ought to be in the business of picking winners and losers; 
however, that is exactly what the provisions of this legislation 
attempt to do.
  Throughout the legislation, there is an emphasis on climate change 
research and reduction of greenhouse gas emissions. It troubles me to 
see in a competitiveness bill the prominence of reducing greenhouse gas 
emissions as a policy objective. This legislation effectively seeks to 
prohibit the pursuit of technologies that would advance energy 
independence through expanded supplier production of domestic energy 
resources.
  In order for the U.S. to continue to compete and to be an innovative 
leader throughout the world, we must ensure we devote the proper 
resources and incentives in basic research and development. However, 
this legislation is not the answer. I urge a ``no'' vote on this bill.
  Mr. GORDON of Tennessee. Madam Chair, I yield 1\1/2\ minutes to the 
subcommittee chairman of the Research and Science Education Committee, 
Dr. Lipinski.
  Mr. LIPINSKI. Madam Chair, I rise in strong support of this bill, and 
I want to thank Chairman Gordon for his tremendous leadership on this 
issue. Passage of this bill will help produce a brighter future for our 
Nation and our Nation's workers or, put more simply, this bill means 
jobs.
  As a former college professor, an engineer, and a ceaseless advocate 
for American manufacturing, I want to focus on the National Science 
Foundation title, which comes from my bill, H.R. 4997. Besides keeping 
NSF on its doubling path, it significantly increases support for basic 
research, STEM education, graduate education, and technology transfer. 
That is turning research into jobs.
  In addition to our newly created NSF manufacturing and research 
program and a reauthorization of the National Nanotechnology 
Initiative, it includes a funding increase for MEP programs and a new 
innovative technology loan guarantee program.
  The COMPETES Act also includes provisions to address the serious 
deterioration in the state of our research infrastructure, both at 
universities and our national labs, which threatens America's 
competitiveness. In addition, the GENIUS Act is included, a bipartisan 
bill I introduced with Representative Wolf to allow the NSF to offer 
innovative inducement prizes.
  The COMPETES Reauthorization Act takes a proactive and bipartisan 
approach to securing America's position in a 21st century global 
economy and creating jobs, and I urge my colleagues to vote for this 
bill.
  Mr. HALL of Texas. Madam Chairwoman, I yield 3 minutes to the 
gentlelady from Illinois, a member of the committee, Mrs. Biggert.
  Mrs. BIGGERT. I thank the gentleman for yielding, and Madam Chair, I 
rise in support of H.R. 5116, the America COMPETES Reauthorization Act 
of 2010.
  I commend Chairman Gordon and Ranking Member Hall for their efforts 
to move this bill through regular order and for working with Members on 
both sides to make improvements to the bill.
  Like many of my colleagues here, I strongly supported in 2007 the 
original America COMPETES Act, which became our Nation's first 
coordinated and strategic investment plan aimed at maintaining U.S. 
leadership in science and technology.
  Based on the recommendations in the National Academies report, 
``Rising Above the Gathering Storm,'' this bill we are considering 
today will build on the investments of the 2007 legislation and 
preserve U.S. leadership in math, science, and engineering education, 
and basic research development and commercialization opportunities for 
our country.
  As some have suggested, H.R. 5116 is not without flaws. I share the 
concerns my colleagues have about the creation of new programs and 
higher funding levels contained in the bill. Some of our concerns were 
addressed in committee, some were not. That said, I also urge my 
colleagues to keep in mind that this bill is, above all else, an 
investment in scientific advancement, with proven economic returns for 
many years to come.
  At the heart of the COMPETES Act is the reauthorization of the 
Department of Energy's Office of Science and the National Science 
Foundation, two programs that form the backbone of basic research and 
education in universities and laboratories across the country. Their 
reauthorization is critical to America's ability to maintain a 
technological and competitive edge over our European and Asian 
competitors in the global economy.

                              {time}  1515

  In particular, the Office of Science supports 40 percent of basic 
research in the United States and ensures that the U.S. retains its 
dominance in such key scientific fields as nanotechnology, materials 
science, biotechnology, and supercomputing--all areas in which emerging 
technology is laying the groundwork for a new generation of products 
and services. The Office of Science is especially critical to States 
like Illinois, where university and laboratory research and development 
supports 68,000 high-tech jobs, according to the Illinois Science and 
Technology Coalition. Furthermore, the Office of Science maintains 
large-scale user facilities like at Argonne National Laboratory in my 
district. These facilities provide scientists from both the public and 
private sector with the tools that they need to turn groundbreaking 
research into real, tangible tools and benefits for consumers, 
patients, energy users, and other sectors. In my district alone, dozens 
of firms have spun off from the research started at Argonne and gone on 
to become major employers and economic leaders.
  Consider this. In 1 year, the user facility at Argonne will host 
3,500 researchers from 50 States, 145 U.S. companies, and 265 
universities.
  The CHAIR. The time of the gentlewoman has expired.
  Mr. HALL of Texas. Madam Chairwoman, I yield the gentlewoman 1 
additional minute.
  Mrs. BIGGERT. Without this support, research breakthroughs in AIDS 
medications, alternative fuels, and infrastructure materials would not 
have been possible. Fortunately, with this reauthorization of COMPETES, 
we will have the ability to realize the promises of scientific 
innovation much faster.
  Too often, I hear from small businesses in my district about what I 
call the ``valley of death''--that period when a firm has developed a 
new technology but faces difficulty commercializing it and moving it 
into the market. By facilitating commercialization and opening access 
to advanced Federal facilities, this bill removes those hurdles.
  Madam Chairman, in a struggling economy where investment dollars are 
scarce and new opportunities are at a premium, we should put our 
Nation's immense scientific talent and extensive infrastructure to work 
creating and developing the products and jobs of tomorrow.
  With that, I would urge my colleagues to support this bill.
  Mr. GORDON of Tennessee. Madam Chair, let me first point out that my 
friend from Texas (Mr. Hall) is not doing a Roy Orbison impersonation 
today. He had a cataract removed earlier and that's the reason he 
periodically is wearing his sunglasses. A lesser person wouldn't have 
made it today. I compliment Mr. Hall for being here.
  I yield 1 minute to our very distinguished majority leader, the 
gentleman from Maryland, Steny Hoyer.
  Mr. HOYER. I thank the gentleman from Tennessee, the chairman of the

[[Page 7988]]

committee, for yielding. I congratulate Mr. Hall, my good friend from 
Texas, for his leadership. And I rise in support of the America 
COMPETES Act.
  I want to congratulate Mr. Gordon in particular. Mr. Gordon has been 
focused on the subject matter of this bill--innovation, entrepreneurial 
efforts, science, technology, math, and engineering efforts--to make 
our economy more competitive worldwide and more vibrant here at home. 
This bill creates jobs in the short term and builds a strong foundation 
for prosperity in the long term. That's what we need to be focusing on. 
That's what Americans want us to focus on. They want us to get jobs 
now. But they also want to have a resilient, growing economy for the 
future. We can accomplish both goals by expanding our support for 
research and development so that the United States remains the world's 
technology leader.
  This bill establishes innovative technology Federal loan guarantees 
for small- and medium-sized manufacturers. Those loans, which are 
especially needed at a time when credit is tight, will help our 
businesses keep pace with a changing economy, increase productivity, 
and hold their own with overseas competitors. By supporting innovation, 
as this bill does, this bill will help those businesses save and create 
jobs. It will also promote job growth and innovation on the regional 
level by creating regional innovation clusters--collections of local 
businesses that collaborate on emerging technology in similar fields.
  As Chairman Bart Gordon of the Science and Technology Committee has 
observed, ``Clusters can strengthen or revive a region's economy and 
can advance the work being done in their field by bringing their 
leaders together to share ideas and build off one another.'' I agree 
with that comment. That's why I think they're so important.
  However, as Mike Muro of the Metropolitan Policy Program at the 
Brookings Institution points out, America ``lags other nations in 
fostering these distributed, bottom-up systems of business development, 
innovation, and talent matching. The time has come,'' Mr. Muro went on, 
``for America to make regional industry networks a defining aspect of 
the Nation's effort to catalyze the next era of high-quality job 
creation and growth.'' Bart Gordon and the Science and Tech Committee 
have done that. I congratulate them for that. It's an encouraging step 
that this bill does just that.
  In addition, the America COMPETES Act helps ensure that our workforce 
will meet the challenges of the 21st century economy, by investing in 
science, technology, engineering, and mathematics. It reauthorizes and 
increases funding for the vital National Science Foundation, which 
promotes cutting-edge research by funding innovation in fields from 
computer science to mathematics to genomics.
  Madam Chair, Federal support for research is one of the best 
investments we can make. I congratulate Mr. Gordon, again, not only on 
his leadership on this bill, but on his leadership through the decades 
that he has served in this institution on these very issues. Federally 
supported research gave us GPS, the computer mouse, computer-aided 
design, and the Internet. There's no telling the ways in which it might 
shape our lives in the years to come. The legacy that Mr. Gordon will 
leave--unfortunately, he's leaving our midst at the end of this year, 
voluntarily, deciding to do some other things. I congratulate him, 
though, on the extraordinary contributions he's made during his years 
of service here.
  In a competitive world economy, the National Science Foundation 
reported that our R&D expenditure has fallen as a share of the world 
total, as the growing Asian economies gain a greater share. This bill 
can, and will, help reverse that trend. The America COMPETES Act won 
bipartisan support the first time Congress authorized it in 2007. I 
hope and expect that that bill will garner such bipartisan support that 
it deserves this time around.
  Again, in closing, Madam Chair, let me congratulate Mr. Gordon and 
thank Mr. Hall for his role.
  Mr. HALL of Texas. Madam Chairwoman, may I inquire as to how much 
time I have left?
  The CHAIR. The gentleman from Texas has 19 minutes remaining.
  Mr. HALL of Texas. I thank the chairwoman.
  Madam Chair, I yield 5 minutes to the gentleman from California (Mr. 
Rohrabacher).
  Mr. ROHRABACHER. Madam Chair, I rise in opposition to H.R. 5116, but 
let me begin by congratulating Chairman Gordon for the great leadership 
that he's provided while he's been chairman of the committee, as well 
as the great cooperation and leadership that Ranking Member Hall has 
provided us. These two gentlemen have exemplified the very best of our 
democratic system. Back now to this piece of legislation, however.
  The theoretical purpose of the America COMPETES Reauthorization Act 
is to enhance the Nation's long-term economic competitiveness through 
investments in science and technology. I support this laudable goal, as 
I have for more than 21 years as a member of the Committee on Science 
and Technology, including 10 years in which I was a subcommittee 
chairman. But I cannot support this legislation which, simply put, 
authorizes too much funding in too many wrongheaded ways.
  While I'm certain this bill was drafted with the best of intentions 
and motivations, I strongly disagree that this is in our Nation's best 
interests. American investments in science and technology cannot 
operate in a vacuum. We need a broader strategy that prioritizes 
spending, reduces debt, eliminates deficits, and provides clarity, 
stability, and the appropriate regulatory environment. Only this 
combined policy, with all of the difficult analysis and hard choices 
that it entails, will allow America to maintain our technological edge. 
But this legislation makes no choices. It simply authorizes more and 
more spending.
  We cannot enhance our long-term competitiveness by mortgaging the 
future of our children and grandchildren. That is precisely what this 
legislation does. The Congressional Budget Office says that 
implementing this legislation will cost $85 billion, a 32 percent 
increase over the FY 2010 baseline. This will clearly elevate the level 
of deficit spending for our country. We're talking about borrowing 
money from China and other foreign nations to meet the goals of this 
legislation. It's new spending on top of old, creating towering debt. 
Like a game of Jenga, we're eroding the base by piling even greater 
burdens on an increasingly unstable system, hoping that the whole thing 
won't just fall apart while we're holding the ball. Well, instead, if 
we manage to get through this without a total collapse, the way our 
country is going, we will be burying our children in debt. And that is 
not an option we should be advocating. We should go at the debt 
legislation by legislation, as we are today.
  At the same time, in this legislation there is no prioritization of 
programs and spending, no attempt at increasing efficiencies or at 
restructuring programs that would be expected to be reauthorized in a 
bill of this size and complexity. There aren't even any commonsense 
safeguards to make sure that these funds won't promote foreign 
competitors. If we finance foreign researchers who then return home 
with their new capabilities, it certainly won't help America compete. 
Perhaps, if the money will go to train foreigners and subsidize 
companies not owned by Americans, we should name this the America 
DEPLETES Act. Creating new Federal programs or expanding existing 
programs should always be done with caution and oversight. Establishing 
new programs, especially in times of economic downturn, means 
increasing deficit spending, which in itself is something that will 
drag down productivity and economic activity.
  Along with some good things, this legislation creates new programs 
which are unnecessary and wasteful and which, as some of my fellow 
colleagues have already pointed out, are redundant to existing 
programs. All of this while increasing the level of deficit spending. 
This is not a roadmap to progress for a better future. It's just 
another well-intentioned spending program, financed by borrowing, that 
will

[[Page 7989]]

propel America over the economic cliff to which we are headed.
  Over this last year, spending more, borrowing more, taxing more, 
subsidizing more, and running up the level of Federal deficit spending 
at such a record pace has not spurred our economy. It has not caused 
economic growth or reversed the economic crisis and challenge which we 
find ourselves confronting today. I believe those pushing this 
legislation are well-intentioned, but they're not diligent. Diligence 
would require prioritization, program restructuring, regulatory relief, 
and tearing down the roadblocks to using the technologies that we 
already have, rather than just spending more and more.
  So, with that, I suggest that there are good parts to this bill, but 
I would have to rise in opposition.

                              {time}  1530

  Mr. GORDON of Tennessee. Madam Chair, I yield 1\1/2\ minutes to the 
gentleman from Washington, Dr. Baird, the outstanding subcommittee 
chairman of the Energy and the Environment Subcommittee.
  Mr. BAIRD. Madam Chair, I think one of the best things that can 
happen to a Member of Congress is the privilege to serve on a committee 
you are passionate about and with a chairman and ranking member who you 
have deep respect for, and that certainly applies to the Science 
Committee chairman and ranking member.
  America COMPETES is about jobs; it is about energy independence; it 
is about better foreign policy; and it is about leaving a cleaner, 
healthier environment for our children and our grandchildren. Contrary 
to some of the things some of the opponents have said, this is, in 
fact, one of the very best investments we can make in our future. Every 
day and in this room today are young Americans watching this process. 
This bill is about their future. It's about whether they'll have 
qualified, well-trained scientists, engineers and mathematicians as 
professors and mentors. It's about whether this country will have the 
technology to lead the world in the next century and the rest of this 
century on energy independence. It is about discoveries that will 
transform lives and transform this Nation.
  I'm particularly proud of the authorization work in this to 
reauthorize the DOE Office of Basic Science. They produce outstanding 
work, as my colleague Mrs. Biggert said earlier, but I am also 
particularly impressed with some of the new programs of the original 
America COMPETES, notably the ARPA-E program. If anything this Congress 
does is going to turn around the economy not just for the short term 
but for the long term, it is innovations like that which will result 
from the authorization of the America COMPETES Act, ARPA-E, NSF 
reauthorization, NIST, and all of the other elements. This is critical 
legislation, absolutely critical for the future strength, national 
security, economic health and jobs of our citizens, and I urge its 
passage.
  Mr. HALL of Texas. Madam Chairman, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Madam Chair, I recognize for 1\1/2\ minutes 
the gentlelady from Texas (Ms. Eddie Bernice Johnson), a valued member 
of the Science and Technology Committee.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chair, I rise in support of 
H.R. 5116, the America COMPETES Reauthorization Act. My colleagues and 
I on the Committee on Science and Technology have held numerous 
hearings and markups to prepare the legislation that is before us 
today. It puts the National Science Foundation and the Department of 
Energy's Office of Science on a path to double their research budgets, 
and it's needed. It will prepare thousands of new teachers and provide 
current teachers with better materials and skills by reauthorizing the 
Noyce Teacher Scholarship Program. It also reauthorizes grant programs 
to increase the number of advanced placement teachers in high-need 
schools and provides students in high-need communities with access to 
laboratory experiences. As women and minorities continue to be 
underrepresented in the sciences, the America COMPETES Act includes 
many provisions that will strengthen diversity in our Nation's 
scientific enterprise.
  I am pleased that during committee we prohibited the consolidation of 
programs that serve minority institutions and students. I also applaud 
the committee for including the Fulfilling the Potential of Women in 
Academic Science and Engineering Act, which is important legislation 
that I sponsored for two Congresses. I also applaud many of the other 
provisions in this legislation that promise to ensure America COMPETES 
includes all Americans. These provisions will have schools around the 
Nation elevate their math and science programs so that they can achieve 
the standard exemplified by the School of Science and Engineering at 
Townview in Dallas. This school is rated the best in the Nation among 
public high schools and has been that for 10 years.
  Madam Chair, I want to commend Chairman Gordon and Ranking Member 
Hall for their hard work on this legislation. This bill was put 
together in a bipartisan fashion. It represents a concerted effort to 
create a more competitive science and engineering workforce. I support 
this bill, Madam Chair, and I urge my colleagues to vote in favor of 
it.
  Mr. HALL of Texas. Madam Chairman, I continue to reserve the balance 
of my time.
  Mr. GORDON of Tennessee. How much time is remaining?
  The CHAIR. The gentleman has 13\1/2\ minutes remaining on his time.
  Mr. GORDON of Tennessee. Thank you, Madam Chair.
  I yield 1\1/2\ minutes to the gentlewoman from Arizona (Ms. 
Giffords), the chairman of the Space and Aeronautics Subcommittee.
  Ms. GIFFORDS. Madam Chair, first I would like to congratulate 
Chairman Gordon and also Ranking Member Hall for this legislation. 
Three years ago, this body recognized the importance that science and 
technology play on our 21st century workforce, and we took action by 
passing the America COMPETES Act of 2007. We heeded the warnings from 
the National Academies' report, ``Rising Above the Gathering Storm.'' 
American students were falling behind in science and mathematics, and 
with their falling grades went our ability to remain competitive in 
this new global economy. That's why I offered amendments 3 years ago to 
help students from low-income and rural parts of America to get the 
support they need to pursue careers in science, technology, engineering 
and mathematics. But we're not through the woods yet. Today we renew 
our commitment by maintaining America's leadership by reauthorizing 
this legislation.
  This bipartisan bill is exactly the sort this Congress should be 
focusing on. It's about the economy; it's about jobs; it's about 
innovation; and it's about preparing for tomorrow. I want to take a 
moment to mention a particular component of this legislation which I am 
particularly proud to support. Earlier this year, I introduced the 21st 
Century Graduate STEM Education Act which is now incorporated into this 
legislation. We need to do everything we can to ensure that our 
students at every level have the best STEM education in the world so 
that they can enter the workforce and thrive. The grants created by 
this act will help equip graduate students in the STEM fields with the 
skills and knowledge for careers so that they can be successful outside 
of the traditional academic track.
  We need to see more engineers. We need to see more mathematicians. We 
need to see more scientists. We need to see more Ph.D.- and master's-
level scientists and engineers teaching in schools, providing the next 
generation of students with a solid foundation in math and science.
  Mr. HALL of Texas. Madam Chairman, I continue to reserve the balance 
of my time.
  Mr. GORDON of Tennessee. Madam Chairman, I yield 1\1/2\ minutes to 
the gentleman from North Carolina (Mr. Miller), the chairman of the 
Oversight Committee.
  Mr. MILLER of North Carolina. Madam Chair, if the next generation of

[[Page 7990]]

Americans is to be as prosperous as ours, we must regain our edge in 
technology, innovation and education. Even before the Great Recession, 
the industries that North Carolinians long relied upon--textiles, 
tobacco, furniture--suffered one loss after another, and most of our 
lost jobs are not coming back. New jobs will either come from science 
and research, or they won't come at all.
  New technologies create new jobs, and America must lead the way in 
developing new technologies and in bringing those technologies to the 
marketplace. This bill will provide loans to help small businesses keep 
their current employees and hire more. Universities and private 
companies in my district are already leaders in many emerging 
technologies, including advanced energy technologies; and we will 
greatly benefit from the provisions of this bill that will create 
regional economies around existing areas of expertise for innovation 
hubs. Finally, this bill's investment in basic research will create 
jobs that we cannot now even imagine.
  On behalf of North Carolinians worried about what the future holds 
for their children, I urge support of this bill, and I thank Chairman 
Gordon for his tireless work.
  Mr. HALL of Texas. Madam Chairwoman, I continue to reserve the 
balance of my time.
  Mr. GORDON of Tennessee. Madam Chairman, I yield 1\1/2\ minutes to 
the gentlewoman from Ohio (Ms. Fudge), another valued member of our 
committee, a new but active member.
  Ms. FUDGE. Madam Chairman, I too congratulate Chairman Gordon and 
Ranking Member Hall on this landmark legislation. I am proud to have 
had the opportunity to work with them on this critical initiative. I 
represent Cleveland, an area that is rapidly strengthening its science 
and technology resume. In my district, the Cleveland Clinic and 
University Hospitals are performing revolutionary biomedical research. 
Research and development efforts are supported by the students and 
faculty at Case Western Reserve University, one of the leading research 
universities in the country. Also, the Ohio STEM learning network, a 
paragon of STEM learning, has expanded education to traditionally 
underrepresented groups and is being modeled in other areas of the 
country.
  There is still work to be done. Collaboration among Federal agencies 
is essential, which is why I have incorporated an amendment in 
committee that would instruct the NSF, NIH, and the Department of 
Education to collaborate in identifying grand challenges in education 
research and then determine what specific role each agency should play. 
This section of COMPETES instructs these agencies to solicit input from 
a variety of stakeholders in STEM education, those who know best the 
needs of a STEM community. This will ensure that the research performed 
is relevant and useful.
  The America COMPETES Act draws attention to what we really need to 
focus on to continue our leadership and innovation: STEM education and 
research and development. I urge my colleagues to support this 
legislation.
  Mr. HALL of Texas. Madam Chairman, I continue to reserve the balance 
of my time.
  Mr. GORDON of Tennessee. Madam Chair, I yield 1\1/2\ minutes to the 
gentleman from Wisconsin (Mr. Kind), the chairman of the New Dems.
  Mr. KIND. Madam Chair, I thank my good friend and colleague from 
Tennessee for yielding me this time. As one of the co-chairs in the New 
Dem Coalition, Madam Chair, I rise in strong support of reauthorization 
of the America COMPETES Act. The New Democratic Coalition was strongly 
behind the creation of America COMPETES in 2007, as we stand with this 
reauthorization bill today.
  I want to commend the leadership of the Science Committee and all the 
members for producing this legislation, but especially our good friend 
from Tennessee, Chairman Gordon, for the vision and the leadership that 
he has shown on this issue. Unfortunately, we're going to be losing 
Representative Gordon to retirement this year, but I can't think of a 
more powerful or lasting legacy for any Member to leave with than with 
the creation of the America COMPETES Act.
  What this legislation is about is making sure the United States of 
America remains the most innovative and creative Nation in the world, 
that we stay on the cutting edge of scientific, medical and 
technological discoveries and breakthroughs, that we're making sensible 
investments in basic and applied research and also in workforce 
development areas, especially in those crucial fields of study, such as 
science, technology, engineering, and math.
  We have a choice to make today, whether to support these investments 
or not and watch other nations in the world do this for us. This bill 
is based on the seminal studies that have occurred previously through 
the National Academy of Science, ``Rising Above the Gathering Storm,'' 
or even before that with the John Glenn Commission ``Before It's Too 
Late.'' So the information is in. The studies are complete. We know 
what we have to do, and this is one of those fundamental building 
blocks to establish the groundwork for long-term sustainable economic 
growth. In short, this is about jobs today, tomorrow, and in the 
future. I encourage my colleagues to support this reauthorization. And 
I congratulate Chairman Gordon for such an important bill and for his 
distinguished service in Congress.
  Mr. HALL of Texas. Madam Chairman, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Madam Chair, I yield 1\1/2\ minutes to the 
gentlelady from New York (Mrs. Maloney), the chairman of the Joint 
Economic Committee.
  Mrs. MALONEY. Madam Chair, I rise in support. This legislation will 
help to bolster our Nation's economic competitiveness by supporting 
basic research, the fundamental building block for innovation and 
making investments in science, technology, engineering, and math.
  The Joint Economic Committee released a report this week looking at 
the role of basic research in the R&D process. The report highlights 
the critical role the Federal Government plays in funding basic 
research. While the Federal Government supports about one-quarter of 
overall R&D, as you can see on this chart, it funds more than half, 57 
percent, of basic research. Without Federal involvement, basic research 
would be underfunded because the returns the private sector can gain on 
basic research are smaller than the broader benefits to our overall 
economy.
  As we recover from the worst recession since the Great Depression, we 
have to look under every rock to give ourselves every chance of 
sparking innovations that will fuel future growth and jobs. The America 
COMPETES reauthorization funds the basic research that will drive a new 
generation of innovation, spawning new technologies and industries and 
leading to additional growth and jobs. America COMPETES will strengthen 
our economy by making strategic investments in America's future. I urge 
a ``yes'' vote and applaud the chairman of the committee for his many 
years of service.
  Mr. HALL of Texas. Madam Chairman, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Madam Chairman, I yield 1\1/2\ minutes to 
the gentleman from New Mexico (Mr. Lujan), another valued member of our 
committee.
  Mr. LUJAN. Madam Chair, I rise today in support of the America 
COMPETES Reauthorization Act of 2010, and I thank Chairman Gordon and 
Ranking Member Hall for their work on this important bill and all my 
colleagues on the Committee on Science and Technology for their hard 
work.
  During these difficult economic times, it's more important than ever 
to make sure the United States has the ability to compete globally. 
That's why this legislation is so sorely needed and which is why I 
included language in this bill that encourages cooperative agreements 
between small businesses and our national labs. Our national 
laboratories are developing new technology that could change the way we

[[Page 7991]]

generate energy, keep our airports safer, and make our hospitals 
healthier. My language will make sure this technology gets into a 
competitive marketplace to encourage economic development and create 
jobs right here in America.
  The COMPETES Act also makes key investments in science education, 
ensuring that our students are prepared for the jobs of the future. For 
too long, there has been a divide that has kept minority students out 
of these fields. We must close this divide and make sure that this 
generation of students has the opportunity to be the next generation of 
scientists, researchers, and inventors. That is why I included language 
in this bill to help support Hispanic-Serving Institutions, Tribal 
Colleges and Universities, and other minority-serving institutions. The 
America COMPETES Act will drive innovation, support small business, 
increase American competitiveness, and create jobs. I urge my 
colleagues to support this bill.

                              {time}  1545

  Mr. HALL of Texas. Madam Chairman, I yield 5 minutes to the gentleman 
from California (Mr. Bilbray).
  Mr. BILBRAY. Madam Chairman, I regretfully stand up today in 
opposition to this bill, and it is not because of major portions of the 
bill. I want to say first of all, I want to thank the chairman for his 
effort here in getting as much of a bipartisan bill as possible. He 
worked hard on this, and not just this bill, but I think through the 
entire years he has been chair, he has really made an effort to do what 
a lot of people talk about in this town but very few are willing to do, 
and that is make that bipartisan effort.
  Sadly, Madam Chair, I have to oppose this bill for one major issue, 
and that is this bill does not take the effort to make sure that the 
billions of dollars in this bill do not go to illegal employers who are 
creating a crime problem in my district and around this country. All we 
have asked for is the ability to assure our constituency that none of 
the tax money that we are putting into this bill at this effort will be 
diverted into illegal activities such as hiring people who are not 
legally present in the United States.
  As every Member of Congress knows, the Federal Government requires 
that all Federal departments, including Members of Congress, use E-
verification system to ensure or at least make the effort to avoid the 
situation where Federal tax dollars are being diverted into illegal 
employment.
  The President of the United States this year initiated a program of 
requiring contractors to use the E-Verify system to make sure that 
those tax dollars didn't go to contractors who were illegally 
employing. All we asked with this bill was that we include a provision 
that allows us to be able to ensure our constituency that the same can 
be said with this expenditure of billions of dollars.
  I have to say, I really feel remorse for having to stand up now 
because it has been such a great effort to try to get it across and do 
the right thing. All I can say, Madam Chair, is I hope the chairman, 
who knows how we feel about this, is successful in the future as this 
bill moves forward at including the provision for this in this bill 
that all employers, all contractors, all grantees, do the right thing 
and the appropriate thing by using E-Verify to make sure that Federal 
funds are not used in illegal activity.
  So as we move forward, I would ask that the chairman's mark be looked 
at as an opportunity to include the E-Verify requirement; that when we 
go to conference, the E-Verify requirement be looked at as a 
possibility at that level; and before we go to final adoption, that we 
include the E-Verify in this, because I think after what has happened 
in the last few weeks, with the outrage across this country, both sides 
being very upset, the major thing they are upset about is that Congress 
is not taking the opportunity to do those little things that common 
sense and common decency say we should be doing as legislators and 
addressing the real source of the illegal immigration problem, and that 
is the illegal employment. And if we cannot find enough intestinal 
fortitude to require those who are getting Federal grants and Federal 
guarantees to play by the rules and make sure they are not hiring 
illegals, how can we go home to our constituency and say we really do 
care, let alone we've done enough.
  I ask, Madam Chair, that we sadly vote against this bill, even with 
all of its great packages, until the essential part of this is done, 
and that is requiring that everybody who gets a loan guarantee, 
everybody who gets a grant, anybody who gives a job out under this bill 
needs to make sure that it is going to an American or a legal resident 
who has the right under the law to be employed in this country. Until 
we do that much, we really don't have the right to ask the American 
people to pay for this bill.
  Mr. GORDON of Tennessee. Madam Chair, I yield 1 minute to the 
gentleman from Illinois (Mr. Lipinski) for a colloquy.
  Mr. LIPINSKI. Madam Chair, section 404 of the bill reorganizes the 
NIST laboratories, including creating an engineering laboratory for 
manufacturing and construction research. As you are aware, NIST 
currently performs important research on fire safety. Will this 
restructuring of the current Building and Fire Research Lab prevent 
NIST from engaging in this important fire safety research?
  Mr. GORDON of Tennessee. The gentleman is correct that NIST does 
perform critical research on fire safety, enabling safer fire codes and 
standards and safer equipment for firefighters. Nothing in this 
restructuring provision will prevent NIST from continuing this 
important work.
  Mr. LIPINSKI. I thank Chairman Gordon.
  Ms. HERSETH SANDLIN. Madam Chair, thank you for the opportunity to 
offer this amendment to the America COMPETES Act. I am grateful to 
Chairwoman Slaughter and the Rules Committee for making this amendment 
in order.
  I'd also like to thank Chairman Gordon for his support for this 
amendment and for his nearly 26 years of service in this Chamber. I 
congratulate him on his hard work on this bill and wish him and his 
family the best as he gets ready to move on to the next chapter in his 
career.
  This amendment expresses the sense of the Congress that the National 
Science Foundation should respond to the recommendations of the 
National Academy of Sciences and National Science and Technology 
Council regarding investments in facilities, and to make joint 
investments with the Department of Energy where possible.
  Currently, the NSF in investing in one such project with the 
Department of Energy for a joint facility in South Dakota, in response 
to the recommendations of the National Academy of Sciences and National 
Science and Technology Council.
  The facility in Lead, South Dakota is known as the Deep Underground 
Science and Engineering Laboratory, or DUSEL. A deep underground 
facility will shield experiments from cosmic rays that interfere with 
results. The DUSEL in Lead will be the largest deep underground 
facility in the world; Russia, Italy, and Japan already have deep 
underground facilities.
  Lead is the home of the Homestake gold mine, once the largest and 
deepest gold mine in North America. The DUSEL will continue a long 
history of scientific exploration in the Homestake mine, which began 
with the solar neutrino experiments of the 1960s.
  Construction is already underway at the mine to accommodate this new 
21st century scientific project of national significance. Preparations 
for a Large Underground Xenon, or LUX, detector are already occurring 
4,850 feet below the surface. The mission of the LUX detector is to 
detect dark matter which makes up approximately 95 percent of mass in 
the known universe. This experiment will help us better understand the 
makeup of the universe.
  The DUSEL project promises to advance our understanding in a number 
of scientific disciplines, including particle and nuclear physics, 
geology, hydrology, geo-engineering, biology, and biochemistry. 
Experiments in the mine will be conducted at the surface and up to 
8,000 feet deep. It will also have an important educational component 
for K-12 students all the way through graduate school students. 
Educating our girls and boys at a younger age in science will help them 
achieve as they get older and encourage them to pursue scientific 
careers.
  I am grateful for Chairman Gordon's support for this amendment and 
urge my colleagues to approve this amendment and help

[[Page 7992]]

advance the cause of science and continue our Nation's leading role in 
exploring the foundations of the natural world around us.
  Mr. GRIJALVA. Madam Chair, I want to express my support of the 
America COMPETES Act, and in its commitment to investing in quality 
math and science education. Strong investments in STEM fields are 
essential to the future success of our nation, both in our commitment 
to quality education and America's continued leadership in science 
throughout the world.
  I particularly rise in strong support of the Davis Amendment for 
which I am a cosponsor; an amendment that envisions the increasingly 
important role that community colleges can and should play in the 
advancement of STEM education and STEM career training.
  Community colleges are an affordable and accessible educational 
vehicle. They provide high quality education and career training ro a 
diverse population of students and serve the diverse needs of their 
communities.
  I strongly support the plan to build partnerships and grants to 
community colleges to improve educational opportunities for underserved 
communities, and to explore and expand the role of community colleges 
in STEM fields.
  This amendment will assist community colleges by exploring the role 
of two-year institutions of higher education as STEM educators, 
providers of the foundational elements for people on the path to STEM 
careers and transitioning to four-year instititions in STEM degree 
programs.
  The amendment will further task Federal agencies with engaging 
underrepresented groups in STEM and in engaging community colleges on 
opportunities to participate in STEM related research, curriculum and 
infrastructure.
  I thank Congressman Danny Davis for his leadership and am happy to 
join him on this amendment.
  Ms. HIRONO. Madam Chair, I rise in strong support of H.R. 5116, the 
America COMPETES Reauthorization Act.
  Three years ago, Congress passed the America Creating Opportunities 
to Meaningfully Promote Excellence in Technology Education and Science 
Act, or America COMPETES Act. Enactment of this law authorized funds 
over three years for the National Science Foundation, the National 
Institute of Standards and Technology, and certain math and science 
related programs within the Energy Department's Office of Science.
  The 2007 law came about partly in reaction to a 2005 National 
Academies report that focused on American students' lagging performance 
in science and math compared with their peers in other developed 
countries. In passing this law, we realize then, as we do now, that 
failure to invest in our young people by improving science, technology, 
engineering, and math (STEM) education at all levels will have serious 
repercussions--not only in terms of workforce development but also in 
our ability to promote cutting-edge, innovative breakthroughs that will 
keep us competitive in the global economy.
  As a cosponsor of H.R. 5116, I believe that America's economy can 
continue to grow and prosper if we act now to promote innovation and 
the development of new technology. This bill expands, strengthens, and 
aligns STEM education programs at all levels. It allows more schools to 
participate in the Robert Noyce Teacher Scholarship program, which 
trains highly competent secondary teachers in STEM fields to teach in 
high-need schools. It provides grants to increase the quantity and 
quality of students receiving undergraduate degrees in STEM and creates 
fellowships to develop the leadership skills of recent doctoral degree 
graduates in these fields. Importantly, H.R. 5116 promotes 
participation of women and minorities in STEM fields to strengthen and 
diversify our workforce.
  The America COMPETES Reauthorization Act also creates a new program 
that provides loan guarantees to small- and medium-sized manufacturers 
for projects using innovative technologies or processes. In addition, 
this bill fosters innovation and basic research by supporting new 
regional innovation clusters, creating energy innovation hubs, and 
reauthorizing ARPA-E (the Advanced Research Projects Agency for Energy) 
to pursue high-risk, high-reward technology development.
  Our nation has flourished from the dreams of pioneers who have turned 
innovative ideas into breakthrough technologies. Investing in STEM 
education, workforce development, and R&D will help spur economic 
growth and provide quality jobs for Americans in the 21st century.
  I urge my colleagues to support this measure.
  Mr. COSTELLO. Madam Chair, I rise today in support of H.R. 5116, the 
Reauthorization of the America COMPETES Act of 2010.
  I commend Chairman Gordon for his leadership in developing this 
important legislation and bringing it to the floor.
  In the three years since the America COMPETES Act was signed into 
law, we have made great strides in innovation, education, and 
technology. H.R. 5116 makes strong investments in science and education 
to strengthen U.S. competitiveness, support businesses, and create 
jobs.
  H.R. 5116 builds upon the recommendations of the 2005 report, Rising 
Above the Gathering Storm, and prioritizes science, technology, 
engineering, and mathematics (STEM) education at all levels.
  Since coming to Congress, I have been a strong supporter of STEM 
education at every age from pre-school through adult education. These 
investments ensure we prepare the next generation of scientists and 
engineers and maintain the most innovative, competitive workforce in 
the world.
  Specifically, investment in STEM education is especially important at 
the K-12 level, when students are first exposed to STEM curricula. It 
is vitally important to engage the interest of K-12 students in STEM 
and to attract and retain highly skilled teachers in the STEM field.
  It is my hope that teacher retraining and K-12 STEM education 
provisions included in the 2007 COMPETES bill will be reauthorized, and 
I look forward to working with my colleagues in the House Education and 
Labor Committee to achieve this goal.
  In addition, I am pleased the bill supports STEM education programs 
at community colleges and 2-year institutions and links community 
colleges with Manufacturing Extension Partnerships, other institutions 
of higher education, research institutions, and regional innovation 
hubs. This connection ensures that students will have the job training 
necessary to secure good-paying jobs in their communities and 
manufacturers have a workforce with the right skill set to promote 
innovation.
  I appreciate Chairman Gordon's willingness to work with me to include 
language in the bill that ensures that DOE's STEM education programs 
mirror the important research being conducted by the agency on carbon 
capture and sequestration (CCS) science. CCS represents a major 
advancement in the use of coal, the nation's most abundant and 
affordable energy source.
  The President's Fiscal Year 2011 budget invests over $400 million in 
CCS research at DOE, and universities such as the Southern Illinois 
University-Carbondale engage in cutting-edge clean coal research. 
Including CCS in DOE's STEM education programming will ensure we 
continue to expand research, development, and deployment of this 
important technology and train a new generation of CCS scientists.
  I urge my colleagues to support H.R. 5116.
  Mr. LANGEVIN. Madam Chair, I rise in support of H.R. 5116, the 
America COMPETES Reauthorization Act of 2010. This multi-year 
reauthorization allows for urgently-needed investments to improve 
science, technology, engineering and math education, foster innovation 
and create jobs in the short, mid and long term. This bipartisan 
legislation will go a long way towards reversing the downward trend in 
domestic science and technological development, and will allow America 
to educate a new and highly skilled workforce, create new jobs in 
cutting-edge fields, and compete more aggressively in the global 
marketplace.
  The COMPETES Act will strengthen STEM education programs--the 
building blocks of scientific and technological advances--through a 
number of important initiatives at all levels. The Robert Noyce Teacher 
Scholarship Program will provide funding to train highly competent 
secondary school teachers. And as our students progress, H.R. 5116 will 
afford them the opportunity to continue studying science and technology 
through grants designed to attract and retain undergraduate students in 
STEM fields.
  The key to continued technological advances is innovative thinking. 
The COMPETES Act will create Regional Innovation Clusters, allowing 
businesses to collaborate and communicate more effectively on work and 
development in a number of fields. Additionally, through the 
reauthorization of the Advanced Research Projects Agency for Energy, we 
will continue investing in potentially high-reward energy technology 
development. Along with the establishment of Energy Innovation Hubs, 
which support the advancement of energy technologies through research, 
development, and commercial application, we will be working towards 
achieving our nation's energy goals.
  I am also very pleased that the COMPETES Act takes steps towards 
helping our domestic small and medium-sized manufacturers through 
federal loan guarantees. This will allow them to access the capital 
they need to

[[Page 7993]]

remain competitive in the global market. Additionally, through 
increased federal investment in the Manufacturing Extension Partnership 
at the National Institute of Standards and Technology, we will enable 
them to continue their important work during these difficult economic 
times.
  This legislation will encourage and support the STEM students of 
today and tomorrow, reward innovative thinking, invest in promising 
technological advances, and aid struggling American manufacturers. 
Madam Speaker, this measure will have short and long-term benefits for 
our economy and allow the United States to remain competitive in an 
increasingly interconnected global economy. I am proud to support this 
bill today, and I urge my colleagues to do the same.
  Ms. ZOE LOFGREN of California. Madam Chair, today I rise in support 
of H.R. 5116, to reauthorize the America COMPETES Act. This bill 
continues the commitment we made to science and innovation from the 
first COMPETES Act, passed in 2007.
  As a Member representing Silicon Valley, I have seen firsthand what 
innovation and research can do to keep us competitive and economically 
strong. H.R. 5116 will foster research by reauthorizing the Department 
of Energy's Office of Science, the National Science Foundation, and the 
National Institute of Standards and Technology, and keep them on a path 
that will double their authorized funding over 10 years, based on 2007 
appropriated levels. This funding will support basic research in labs 
across the country. The Act also includes loan guarantee programs for 
small- and medium-sized manufacturers to bring their new and innovative 
products beyond the prototype stage and into production.
  Madam Chair, the bill fosters STEM education and will help ensure 
that today's children are prepared to be tomorrow's competitive 
workforce. H.R. 5116 provides greater coordination of STEM education 
programs across federal agencies and aligns the programs at all levels 
of education--from K-12 through doctoral degrees. Once students are 
interested in STEM fields, we need to foster their growth and ensure 
that they have the right tools and support to stay within the STEM 
pipeline.
  The COMPETES Reauthorization Act also encourages innovative thinking 
and solutions by reauthorizing the Advanced Research Projects Agency 
for Energy (ARPA-E) to perform high-risk, high-reward energy research 
that could lead to the game-changing technology we need to wean 
ourselves off of polluting fossil fuels.
  I would like to note one concern I have with this legislation. 
Section 123 establishes a working group to coordinate the policies of 
various agencies regarding public access to the results of federally-
funded research. I agree that coordination could improve technical 
uniformity in the dissemination of data, boosting interoperability 
across agencies and disciplines. However, the working group should not 
extend its mandate to demand uniformity in all public access policies, 
such as those for scientific publications. In particular, it should not 
interfere with the policy of the National Institutes of Health, which 
requires free public access to the published results of research funded 
by NIH. This legislation should not be interpreted to restrict existing 
open access to scientific knowledge, or to prevent its expansion.
  This issue aside, I am pleased of the commitment we are making to 
science and innovation today, and I strongly urge my colleagues to 
support this bill.
  Mr. EHLERS. Madam Chair, in 2007, Congress responded to the 
recommendations of many experts that the federal government must 
increase its investment in basic research and in science and math 
education by passing the America COMPETES Act. The reauthorization 
before us today continues the United States on the path of investing in 
programs that will keep the U.S. competitive in the global economy.
  Beginning in 2006, President Bush's American Competitiveness 
Initiative (ACI) launched a three-pronged approach to competitiveness 
by strengthening research at the National Science Foundation, the 
Office of Science at the Department of Energy, and the laboratories and 
construction of the National Institute of Standards and Technology, 
NIST. The America COMPETES Act of 2007 established a 7-year doubling 
funding pathway for these agencies and also included some new ideas, 
such as the establishment of a DARPA-like agency at the Department of 
Energy. ARPA-E is still in its infancy, but testimony before the 
Science and Technology Committee indicates that this agency has the 
potential to overcome some of the greatest hurdles to commercialization 
of innovative energy technologies. The reauthorization bill provides 
more flexibility to ARPA-E and increases its authorization in future 
years.
  The reauthorization measure before us today also focuses on the 
challenges facing our nation's manufacturers by broadening and 
strengthening manufacturing extension services and reviving 
manufacturing innovation through research and development. Although 
manufacturing has experienced tremendous technological gains over the 
last few years, international competition has exacted a toll on our 
Nation's manufacturers. Furthermore, today's economy has placed a great 
strain on States to participate in federal programs like the 
Manufacturing Extension Partnership at NIST. This bill would 
temporarily relax the cost-share requirements on States to allow for 
continued participation of the greatest number of small manufacturers 
across the Nation who depend on this program to help them continually 
innovate.
  I recognize that many of my colleagues are concerned that this bill 
authorizes spending more than $80 billion over the next 5 years. 
Indeed, our economy is suffering, we are deeply in debt, and fiscal 
restraint must be exercised. However, if there is ever an investment 
that will guarantee an economic return, this is it.
  The reality is that if we are unwilling to spend this money now, we 
are deciding to pay it later to other countries that make these 
investments today and produce the products that we will need tomorrow. 
A recent article in The Economist focused on emerging international 
markets, and noted that:

       Last year productivity in China grew by 8.2%, compared with 
     a rise of 1.0% in America and a decline of 2.8% in Britain. A 
     few years ago Airbus and Boeing were willing to outsource 
     only basic work to Indian firms, but now they entrust some of 
     their most complicated tasks to them.

  Other countries are now competing with us not only on cost, but also 
creativity. We have thought for years that there are certain innovative 
activities that will only happen in the United States, but I feel less 
certain that is still the case. To keep on the cutting edge of 
creativity, we must make these investments in science and technology, 
or we will simply be left behind.
  Science and technology are the fundamental movers of our economy, and 
if we want to remain globally competitive, this bill is the surefire 
way to guarantee results. The dividends paid by training scientists, 
engineers, and teachers will multiply throughout all sectors of our 
economy.
  I want to thank Chairman Gordon and Ranking Member Hall for working 
on this legislation. I hope my colleagues will support this investment 
in our Nation's future.
  Mr. MATHESON. Madam Chair, I support H.R. 5116, the ``America 
COMPETES Act of 2010.''
  This bill makes important investments in science, innovation and 
education to strengthen U.S. businesses and create jobs in the short 
and long term. This bill expands, strengthens and aligns STEM education 
programs at all levels of education. It fosters research by 
reauthorizing the National Science Foundation and National Institute of 
Science and technology labs.
  Not only does this bill strengthen the U.S. competiveness with 
countries abroad with research and development incentives, but it also 
makes significant strides in building and improving our manufacturing 
base. In particular, this bill improves the Manufacturing Extension 
Program. The MEP is a network of 59 centers located in every state and 
Puerto Rico that provides a range of serves to small and medium sized 
manufacturing. This program has been very successful to the 
manufacturing industry in my state of Utah.
  Manufacturing is the largest trade in the State of Utah and 99% of 
the 4,000 manufacturers in the state are small businesses. This bill 
provides innovative technology federal loan guarantees for small and 
medium sized manufacturers to help them access capital to become more 
efficient and stay competitive.
  In 2008 the federal investment of $1 million dollars in Utah's MEP, 
matched by State and private sector funds, resulted in work for over 
400 manufacturers, of which 94 were major projects with quantifiable 
impacts. Madam Chair, we need to invest in cost effective programs that 
help create jobs and MEP is an example of this success. I have visited 
many of the small businesses that have benefited from the MEP center in 
Utah and I believe that they are worthwhile and extremely beneficial.
  Mr. GORDON of Tennessee. Madam Chair, I would like to thank Chairman 
Miller of the Education and Labor Committee for working cooperatively 
with the Science and Technology Committee on H.R. 5116, the America 
Competes Reauthorization Act of 2010. Chairman Miller has been a 
champion of STEM education in the House and his Committee

[[Page 7994]]

has been very supportive in helping shape the STEM education provisions 
in the Competes Act. I insert into the Congressional Record an exchange 
of letters between the Committees on Science and Technology and 
Education and Labor.

                                         House of Representatives,


                             Committee on Education and Labor,

                                      Washington, DC, May 5, 2010.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, House of 
         Representatives, Washington, DC.
       Dear Chairman Gordon: In recognition of the desire to 
     expedite consideration of H.R. 5116, the America COMPETES 
     Reauthorization Act of 2010, the Committee on Education and 
     Labor agrees to waive formal consideration of the bill as to 
     provisions that fall within its rule X jurisdiction.
       The Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 5116 at 
     this time, it does not waive any jurisdiction over subject 
     matter contained in this or similar legislation, and that our 
     Committee will be appropriately consulted and involved as the 
     bill or similar legislation moves forward, so that we may 
     address any remaining issues in our jurisdiction. The 
     Committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation, and 
     requests your support for any such request.
       I would appreciate your including this letter in the 
     Congressional Record during consideration of the bill on the 
     House floor.
       Thank you for your attention to this matter, and for the 
     cooperative working relationship between our two committees.
           Sincerely,
                                                    George Miller,
                                                         Chairman.
                                  ____
                                  
                                         House of Representatives,


                          Committee on Science and Technology,

                                      Washington, DC, May 6, 2010.
     Hon. George Miller,
     Chairman, Committee on Education and Labor, House of 
         Representatives, Washington, DC.
       Dear Chairman Miller: Thank you for your May 5, 2010 letter 
     regarding H.R. 5116, the America COMPETES Reauthorization Act 
     of 2010, Your support for this legislation and your 
     assistance in ensuring its timely consideration are greatly 
     appreciated.
       I agree that provisions in the bill are within the 
     jurisdiction of the Committee on Education and Labor. I 
     acknowledge that by waiving rights to further consideration 
     of H.R. 5116, your Committee is not relinquishing its 
     jurisdiction and I will fully support your request to be 
     represented in a House-Senate conference on those provisions 
     over which the Committee on Education and Labor has 
     jurisdiction in H.R. 5116, or similar legislation. A copy of 
     our letters will be placed in the legislative report and the 
     Congressional Record during consideration of the bill on the 
     House floor.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important legislation.
           Sincerely,
                                                      Bart Gordon,
                                                         Chairman.

  Mr. HALL of Texas. Madam Chairman, we have no further speakers, and I 
yield back the balance of my time.
  Mr. GORDON of Tennessee. I yield back the balance of my time.
  The CHAIR. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  It shall be in order to consider as an original bill for the purpose 
of amendment under the 5-minute rule the amendment in the nature of a 
substitute printed in the bill, modified by the amendment printed in 
part A of House Report 111-479. The committee amendment in the nature 
of a substitute shall be considered as read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 5116

       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.

                 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.

           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. 21st 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.

                       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.

        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. Bioscience research program.
Sec. 408. Emergency communication and tracking technologies research 
              initiative.
Sec. 409. TIP Advisory Board.
Sec. 410. Underrepresented minorities.
Sec. 411. Cyber security standards and guidelines.
Sec. 412. 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.

                     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.

[[Page 7995]]

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.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Sense of Congress.
Sec. 702. Persons with disabilities.
Sec. 703. Veterans and service members.

                 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

[[Page 7996]]

     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

[[Page 7997]]

       (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--

[[Page 7998]]

       (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

[[Page 7999]]

     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

[[Page 8000]]

       (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; and
       (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.
       (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.

[[Page 8001]]



     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) in conjunction with the biennial 
     report required under section 37 of the Science and 
     Engineering Equal Opportunities Act (42 U.S.C. 1885d).

                 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.--

[[Page 8002]]

       (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.19 1885d), statistical summary data on the demographics 
     of STEM discipline faculty at institutions of higher 
     education in the United States. 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--

[[Page 8003]]

       (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.

     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.

[[Page 8004]]



     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 the 
     research 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).

           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

[[Page 8005]]

     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.

     SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

       Section 10A of the National Science Foundation 
     Authorization Act of 2002 (42 U.S.C. 1862n-1a) is amended in 
     subsection (h)(1) by--
       (1) striking ``50'' and inserting ``30''; and
       (2) striking ``which may be provided in cash or in-kind'' 
     and inserting ``which shall be provided in cash''.

     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; 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.--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).
       (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.

     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.

[[Page 8006]]

       ``(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. 21ST CENTURY GRADUATE EDUCATION.

       (a) In General.--The Director shall award grants, on a 
     competitive, merit-reviewed basis, to institutions of higher 
     education to implement or expand research-based reforms in 
     master's and doctoral level STEM education that emphasize 
     preparation for diverse careers utilizing STEM degrees, 
     including at diverse types of institutions of higher 
     education, in industry, and at government 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

[[Page 8007]]

     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 STEM teacher 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 10 or more 
     undergraduate STEM students, 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 undergraduate students 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) Cost-share.--The Director shall require a 50 percent 
     non-Federal cost-share from partnerships established or 
     expanded under this section.
       (d) 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.
       (e) 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, and any evidence of the effect of those awards on 
     workforce preparation and jobs placement for 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.

                       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;

[[Page 8008]]

       (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; and
       (D) with respect to subparagraph (A), describe the role of 
     each agency in supporting programs and activities designed to 
     achieve the objectives; and
       (3) establish, periodically update, and maintain an 
     inventory of federally sponsored STEM education programs and 
     activities, including documentation of assessments of the 
     effectiveness of such programs and activities and rates of 
     participation by underrepresented minorities in such programs 
     and activities.
       (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) STEM educator professional associations.
       (2) Organizations that provide informal STEM education 
     activities.
       (3) Institutions of higher education.
       (4) Scientific and engineering professional societies.
       (5) Business and industry associations.
       (6) Foundations that fund STEM education activities.
       (c) Responsibilities.--The responsibilities of the advisory 
     committee shall include--
       (1) soliciting input from teachers, administrators, local 
     education 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;
       (2) soliciting input from all STEM education stakeholder 
     groups regarding STEM education programs, including STEM 
     education research programs, supported by Federal agencies;
       (3) providing advice to the Federal agencies that support 
     STEM education programs on how their programs can be better 
     aligned with the needs of States and school districts as 
     identified in paragraph (1), consistent with the mission of 
     each agency; and
       (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.

     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; and
       ``(vi) geothermal 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; and
       ``(viii) environmental 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; and
       ``(vi) geothermal 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, 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;

[[Page 8009]]

       ``(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; and
       ``(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.
       ``(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.

[[Page 8010]]



     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.

        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.

[[Page 8011]]



     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.''.

     SEC. 408. 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; and

[[Page 8012]]

       (2) support the development of technical standards and 
     conformance architecture to improve the operation and 
     reliability of such emergency communication and tracking 
     technologies.
       (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. 409. 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. 410. 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. 411. 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. 412. 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 and advocating 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 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) Action by attorney general.--
       ``(A) Notification.--If the borrower defaults on an 
     obligation, the Secretary shall notify the Attorney General 
     of the default.
       ``(B) Recovery.--On notification, the Attorney General 
     shall take such action as is appropriate to recover the 
     unpaid principal and interest.
       ``(g) Payment of Principal and Interest by Secretary.--With 
     respect to any obligation guaranteed under this section, the 
     Secretary may enter into a contract to pay, and pay, holders 
     of the obligation for and on behalf 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

[[Page 8013]]

       ``(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.
       ``(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) policies and procedures for selecting and monitoring 
     lenders and loan performance; and
       ``(3) 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) Annual review.--The Comptroller General shall conduct 
     an annual 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 $50,000,000 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.
       ``(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, 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.
       ``(5) Cost share.--The Secretary may not provide more than 
     50 percent of the total cost of any activity funded under 
     this subsection.
       ``(6) Use and application of research and information 
     program.--To the maximum extent practicable, the Secretary 
     shall ensure that activities funded under this subsection use 
     and apply any relevant research, best practices, and metrics 
     developed under the program established in subsection (c).
       ``(c) Regional Innovation Research and Information 
     Program.--

[[Page 8014]]

       ``(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.--The Secretary shall explore and 
     pursue collaboration with other Federal agencies, including 
     through multiagency funding opportunities, on regional 
     innovation strategies.
       ``(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) Regional Innovation Cluster Defined.--The term 
     `regional innovation cluster' means a geographically bounded 
     network of similar, synergistic, or complementary entities 
     that--
       ``(1) are engaged in or with a particular industry sector;
       ``(2) have active channels for business transactions and 
     communication;
       ``(3) share specialized infrastructure, labor markets, and 
     services; and
       ``(4) leverage the region's unique competitive strengths to 
     stimulate innovation and create jobs.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are 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).''.

                     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 Department of Energy. 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.--

[[Page 8015]]

       (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, 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;

[[Page 8016]]

       (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.
       (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 Director 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

[[Page 8017]]

       (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, exluding 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 
     shall initiate and execute awards in the form of grants, 
     contracts, cooperative agreements, cash prizes, and other 
     transactions.'';
       (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''.

[[Page 8018]]

       (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), as so redesignated by subparagraph 
     (A) of this paragraph, by striking subparagraph (B) and 
     redesignating subparagraphs (C) and (D) as subparagraphs (B) 
     and (C), respectively; 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 managers 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. 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

[[Page 8019]]

     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; 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.

                        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, 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 those with programs serving or those serving 
     disabled veterans, shall receive special consideration and 
     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 
     or serving persons with disabilities benefit from such 
     activities and programs.

     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.

  The CHAIR. No amendment to the committee amendment in the nature of a 
substitute is in order except those printed in part B of the report and 
amendments en bloc described in section 3 of House Resolution 1344. 
Each amendment may be offered only in the order printed in the report, 
by a Member designated in the report, shall be considered read, shall 
be debatable for the time specified in the report, equally divided and 
controlled by the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of the 
question.
  It shall be in order at any time for the chair of the Committee on 
Science and Technology or his designee to offer amendments en bloc 
consisting of amendments printed in part B of the report not earlier 
disposed of. Amendments en bloc shall be considered as read, shall be 
debatable for 40 minutes equally divided and controlled by the chair 
and ranking minority member of the committee or their designees, shall 
not be subject to amendment, and shall not be subject to a demand for 
division of the question. The original proponent of an amendment 
included in such amendments en bloc may insert a statement in the 
Congressional Record immediately before the disposition of the 
amendments en bloc.


           Amendment No. 1 Offered by Mr. Gordon of Tennessee

  The CHAIR. It is now in order to consider amendment No. 1 printed in 
part B of House Report 111-479.
  Mr. GORDON of Tennessee. Madam Chair, I have an amendment at the 
desk.
  The CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Gordon of Tennessee:
       Page 94, line 10, strike ``in the research'' and insert 
     ``in research on the topic''.
       Page 102, lines 1 through 9, section 243 is amended to read 
     as follows:

     SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

       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.''.
       Page 123, line 13, strike ``10 or more undergraduate STEM 
     students'' and insert ``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''.
       Page 126, line 9, insert ``, except for institutions of 
     higher education'' after ``private sector entities''.
       Page 131, lines 17 and 18, strike ``teachers, 
     administrators, local education agencies'' and insert 
     ``teachers and administrators in both public and private 
     schools, local educational agencies''.

[[Page 8020]]

       Page 135, line 13, strike ``and''.
       Page 135, line 14, insert ``and'' after the semicolon.
       Page 135, after line 14, insert the following new clause:
       ``(ix) carbon capture and sequestration science and 
     engineering;''.
       Page 174, after line 13, insert the following:

     SEC. 412. 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.
       Page 175, line 16, strike ``and advocating''.
       Page 180, strike line 13 and all that follows through line 
     20 and insert the following:
       ``(3) Notification.--If the borrower defaults on an 
     obligation, the Secretary shall notify the Attorney General 
     of the default.''.
       Page 184, line 8, strike ``Annual'' and insert 
     ``Comptroller general''.
       Page 184, line 8, strike ``The Comptroller General'' and 
     insert ``The Comptroller General of the United States''.
       Page 184, line 9, strike ``an annual'' and insert ``a 
     biennial''.
       Page 194, strike line 20 and all that follows through page 
     195, line 6, and insert the following:
       ``(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.
       Page 198, lines 13 and 14, strike ``Department of Energy'' 
     and insert ``Office of Science''.
       Page 219, lines 7 and 8, strike ``Director'' and insert 
     ``Secretary''.
       Page 229, line 7, strike ``shall'' and insert ``may''.
       Page 231, lines 13 through 17, amend subparagraph (F) to 
     read as follows:
       (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
       Page 232, line 1, strike ``managers'' and insert 
     ``directors''.
       Page 238, line 24, insert ``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.'' 
     after ``selection processes.''.
       Page 245, lines 12 through 24, amend section 702 to read as 
     follows:

     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.
       Page 246, after line 8, insert the following new sections:

     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.

  The CHAIR. Pursuant to House Resolution 1344, the gentleman from 
Tennessee (Mr. Gordon) and a Member opposed each will control 20 
minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. GORDON of Tennessee. Madam Chairman, I yield myself such time as 
I may consume.
  The amendment I am offering today makes a handful of technical and 
clarifying changes and a few substantive additions to the underlying 
bill. Most of the changes were the result of negotiations with our 
Republican colleagues following our full committee markup. We had 
agreed to work out several issues during the markup, so let me tell you 
about those agreements first.
  Mr. Neugebauer, who wished to ensure that we were leveraging as much 
private funds as we could in implementing the Noyce Teacher Scholarship 
Program, I agreed to split the match requirement into two categories. 
The result is that small institutions are also able to participate in 
this critical program to train STEM teachers, and the large 
institutions can more easily raise match funds and stretch Federal 
dollars even further.
  There was agreement between Dr. Lipinski and Mr. Inglis on the prize 
program in section 228. They found a good way to make sure that there 
would not be double-dipping into Federal funds in order to carry out 
the prize-winning research.
  Mr. Olson requested some changes in the ARPA-E language, and we went 
ahead, as agreed, and made those changes in this amendment.
  Mrs. Biggert had some concerns about the Energy Innovation Hubs and 
wanted to make sure that the consortia utilized existing facilities 
when possible, so we made those constructive changes for her.
  The amendment also included language to clarify the application of 
existing law which prohibits the use of funding appropriated to 
programs in the underlying bill for lobbying. I want to thank Dr. Broun 
for his passion on this issue and for working with me to make this 
clarification.
  Finally, this amendment also includes a clarifying change requested 
by Dr. Bartlett for one of his own amendments in committee on STEM 
internships.
  The amendment also adds one new section to the bill. This section 
requires the Director of NIST to submit a report to Congress examining 
the use of high-performance computation modeling and simulation by 
small- and medium-sized manufacturers. There is great potential in the 
use of high-performance computing resources by small- and medium-sized 
manufacturers, but their use is relatively limited. This study would 
look at the current utilization of these resources, examine the 
existing barriers to their use, and make recommendations for addressing 
these barriers. I want to thank Chairman Wu, Chairman Lipinski, and 
Congressman Garamendi for their interest

[[Page 8021]]

in this issue and for helping to draft this provision.
  Now let me talk about a part of the manager's amendment that I think 
will be a topic of discussion on both sides of the aisle today. Mr. 
Hall rightfully wanted to do something for veterans in this bill. He 
offered an amendment to the committee that gave veterans preference 
when applying for any scholarships or fellowships authorized under this 
bill, and the amendment was happily accepted unanimously in the 
committee.
  He also offered an amendment to help disabled veterans who want to 
pursue STEM studies. I know Mr. Hall was trying to do the right thing, 
but when we read the language, we didn't think the amendment actually 
helped disabled veterans in the way Mr. Hall intended. So we had some 
discussion in the committee, and in the end we decided to accept the 
amendment as is but continue to work together heading to the floor.
  Staff traded several versions of language back and forth over the 
next 10 days. I talked to my staff, Mr. Hall talked with his staff, 
and, unfortunately, we could not come up with agreement on which 
language would be most helpful to our common goal of helping disabled 
veterans without causing other unintended consequences.
  Our shared goal is to encourage and incentivize colleges and 
universities to provide STEM programs to disabled veterans and to 
recruit more disabled veterans into those programs by giving them 
special consideration in the review of proposals when they do. However, 
we have to be careful not to dilute the notion of special consideration 
so far that every institution in the country can qualify. If everyone 
is special, no one is special.
  We also want to hold institutions accountable for serving their 
disabled veterans in their STEM programs. If we give them special 
consideration without holding them accountable, there is no incentive 
to actually make sure that veterans get the benefits of the Federal 
grant funds. Unfortunately, every sincere effort of pro-veteran 
language that we made was rejected.
  Once again, where is the accountability? How do we know that a single 
disabled veteran student is benefiting from Federal STEM programs 
because the institution has this designation? We don't. That is the 
problem with the language.
  It is unfortunate that we could not come to agreement. But in the 
end, we took Mr. Hall's latest offer with only small changes and 
included it in the manager's amendment. I still think we can do so much 
better for disabled veterans. Our language may be improved from Mr. 
Hall's language, but it still doesn't go nearly as far as I would like 
it to go in holding institutions accountable. I hope to continue to 
work with Mr. Hall to make sure that we have this accountability as we 
move forward.
  Finally, we borrowed language from our colleagues on the other side 
of the aisle to ensure that no funds authorized under this bill can go 
to child molesters. This is a straightforward amendment incorporating a 
few suggestions from my colleagues and a small number of other changes 
to make the bill better, and I urge its adoption.
  I reserve the balance of my time.
  Mr. HALL of Texas. Madam Chair, I rise to claim the time in 
opposition to the amendment, although I do not intend to oppose it.
  The CHAIR. Without objection, the gentleman is recognized for 20 
minutes.
  There was no objection.

                              {time}  1600

  Mr. HALL of Texas. The manager's amendment reflects many things, from 
technical changes, recommendations from outside groups, agreements 
reached between our side of the aisle and theirs, and items that as the 
majority they're able to add unilaterally.
  I want to thank the chairman for working with our Members on agreed-
upon changes between the full committee markup and now, including the 
non-Federal matching requirements under the Noyce Scholarship Program, 
clarifying language on STEM Industry Internships program and the NSF 
Innovation Prize pilot program, reinstating the cap on the maximum 
number of ARPA-E employees, and instituting a prohibition on lobbying 
in the act. I only wish we could have continued the good, open dialogue 
this past week, particularly with our concerns.
  I remain disappointed that the veterans with disabilities language 
that was agreed to unanimously by voice vote at the full committee 
markup has been greatly modified in the manager's amendment. I believe 
if the chairman is sincere he will continue to work with us on this 
language as we move forward because I do strongly feel that the 
language in this amendment greatly weakens the intent of the underlying 
bill.
  I also want to express my concern regarding the amendment's 
modification of language to the new loan guarantee program created by 
the bill. Specifically, the amendment strikes language in the 
underlying bill directing the Attorney General to take appropriate 
actions to recover unpaid principal and interest on loans that go into 
default. Removal of that language is a major concern as it's key to 
protecting taxpayers from bad loans. Given the events of the last 
couple of years I'd hope that the government's beginning to learn 
something about bad loans. But I'm concerned that with the removal of 
this very standard provision that we could be setting the loan 
guarantee program up for guaranteed failure.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Madam Chairman, I yield 2 minutes to the 
gentlelady from California (Ms. Woolsey), a very active member of our 
committee and a champion for women and minorities.
  Ms. WOOLSEY. Madam Chair, I rise today in strong support of H.R. 
5116, the America COMPETES Reauthorization Act. I want to commend 
Chairman Gordon for his hard work in bringing this bipartisan bill to 
the floor, and I want to thank Ranking Member Hall for his help and his 
cooperation.
  I believe in science, and I believe that with enough support, our 
scientists can solve almost any problem put in front of them. But, 
Madam Chairwoman, at the end of the day, this bill is about jobs, 
investments in basic and applied research, green manufacturing jobs, 
high-risk, high-reward technologies that lay the groundwork for a clean 
energy economy and create thousands of new jobs in the United States of 
America, jobs that we will have a workforce prepared to fill because a 
central piece of this effort encourages more girls and unrepresented 
minorities to become involved in science, technology, engineering and 
math--STEM--education at the K through 12, undergraduate, and graduate 
levels. So then those students will be able to choose a STEM career.
  I'm pleased that this bill includes STEM provisions because without 
bringing women and minorities into the workforce with high tech 
engineering and math education, we won't have the workforce we need to 
compete worldwide.
  So, Madam Chairman, H.R. 5116 supports these innovations that will 
not only change the way we generate energy but will also leave a 
cleaner and healthier world for our children and for our grandchildren.
  So I urge my colleagues to join me and support Chairman Gordon and 
Ranking Member Hall in green jobs by voting for H.R. 5116.
  Mr. HALL of Texas. Mr. Chairman, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 2 minutes to a valued 
member of the Science and Technology Committee from Michigan (Mr. 
Peters).
  Mr. PETERS. Mr. Chairman, I rise today in support of the America 
COMPETES Act. This bill will enhance our Nation's competitiveness, 
bolster research and science education, and support the needs of small 
businesses and America's 21st century manufacturing sector.
  Small businesses have created nearly two out of three new jobs in our 
country in the past 15 years. Small businesses will fuel our economic 
growth, and small and midsize manufacturers

[[Page 8022]]

are particularly important to creating substantial job growth. 
Manufacturing accounts for more than half of total U.S. exports and 
provides millions of people with well-paying jobs. A healthy 
manufacturing base is critical to the security of the American middle 
class and must be a key component of our economic security.
  In order to maintain competitiveness in an increasingly competitive 
global marketplace, U.S. manufacturers must adapt to new technological 
developments and economic changes. The COMPETES Act does just that by 
providing critical support to the Manufacturing Extension Partnership, 
a highly efficient initiative which has spurred 57,000 jobs and $10.5 
billion in sales per year. The MEP requires matching investments from 
states and participating small businesses, but as a long and deep 
recession continues to take its toll, states like Michigan and many 
businesses have found it increasingly difficult to continue to meet the 
cost-share requirements to participate in the program. The COMPETES Act 
reduces this burden to allow struggling businesses to remain active in 
the program. Reducing small business costs and continuing an effort 
proven to create jobs make good sense. I'm grateful to my friend, 
Congressman Ehlers, for working with me on this bipartisan idea, and to 
Chairman Gordon and Ranking Member Hall, and Chairman Wu and Ranking 
Member Smith on the subcommittee, who supported including MEP support 
in the final bill. In addition to supporting MEP, COMPETES supports 
broad manufacturing initiatives such as providing new loan guarantees 
to help manufacturers access capital and supporting manufacturing R&D. 
I hope my colleagues will join me in supporting this bipartisan 
legislation that strengthens American manufacturing and 
competitiveness.
  Mr. HALL of Texas. Mr. Chairman, I continue to reserve the balance of 
my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 2 minutes to the 
gentleman from Texas (Mr. Hinojosa).
  Mr. HINOJOSA. Mr. Chairman, I rise today to urge my colleagues to 
support H.R. 5116, the America COMPETES Act.
  Chairman Gordon, I commend you and the members of the House Science 
and Technology Committee for bringing this legislation to the floor.
  More than ever, our Nation must invest in the scientific and 
technological building blocks that bolster American competitiveness in 
the 21st Century global economy. The America COMPETES Reauthorization 
Act of 2010 achieves this and more by fostering innovation, supporting 
manufacturers and industry, preparing a STEM workforce, and creating 
jobs.
  I want to recognize Representatives Eddie Bernice Johnson, Ben Ray 
Lujan, Silvestre Reyes, co-chair of the Diversity and Innovation 
Caucus, and other members of the Tri-Caucus for their outstanding 
leadership in championing diversity issues in this bill. This bill 
represents a great leap forward in broadening the participation of 
underrepresented minorities and women in the STEM fields.
  As subcommittee chairman for Higher Education, Lifelong Learning, and 
Competitiveness, I am pleased that America COMPETES will more fully 
integrate our Nation's minority-serving institutions into research 
partnerships and Federal programs.
  This bill complements our work on the Student Aid and Fiscal 
Responsibility Act known as SAFRA and our efforts to improve science 
and math literacy in our Nation's public schools.
  In 2007, I introduced the Partnerships for Access to Laboratory 
Science Act, known as PALS, because our high schools needed to be 
properly equipped to provide low-income and minority students with 
laboratory experiences that will foster their talents and lifelong 
interests in science.
  There is no doubt that we must redouble our efforts to engage young 
people in the STEM fields early on in their academic careers. I applaud 
Chairman Gordon and the committee for including this program in H.R. 
5116.
  I urge my colleagues to support the America COMPETES Act. Our 
Nation's future competitiveness depends on it.
  Mr. HALL of Texas. Mr. Chairman, I yield back the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield myself such time as I 
may consume. And I just want to briefly inform my friend, Mr. Hall, 
that I share his interest in finding a way to run down any defaults and 
collect those. We were told that our committee didn't have jurisdiction 
to require the Attorney General to do that. Let us continue to work 
together to find ways to accomplish what we both want to do.
  I have no further requests for time, Mr. Chairman, and I yield back 
the balance of my time.
  The Acting CHAIR (Mr. Capuano). The question is on the amendment 
offered by the gentleman from Tennessee (Mr. Gordon).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. GORDON of Tennessee. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Tennessee 
will be postponed.


      Amendments En Bloc No. 1 Offered by Mr. Gordon of Tennessee

  Mr. GORDON of Tennessee. Mr. Chair, I have amendments en bloc at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendments en bloc.
  Amendments en bloc No. 1 offered by Mr. Gordon of Tennessee 
consisting of amendments numbered 3, 4, 5, 11, 18, 19, 20, 25, 27, 39 
and 47 printed in part B of House Report 111-479:


          Amendment No. 3 offered by Ms. Matsui of California

  The text of the amendment is as follows:

       Page 242, line 17, insert ``, including through Smart Grid 
     technologies'' after ``conventional technologies''.


          Amendment No. 4 offered by Ms. Matsui of California

  The text of the amendment is as follows:

       Page 215, line 11, insert ``, including the development of 
     smart grid technologies'' after ``efficiency programs''.

              Amendment No. 5 offered by Mr. Wu of Oregon

  The text of the amendment is as follows:

       Page 229, line 9, after ``other transactions.'' insert 
     ``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.''.

         Amendment No. 11 offered by Mrs. McCarthy of New York

  The text of the amendment is as follows:

       Page 172, line 10, strike ``and'' after the semicolon.
       Page 172, line 14, strike the period and insert ``; and''.
       Page 172, after line 14, insert the following:
       (3) incorporate and build upon existing reports and studies 
     on improving emergency communications.

           Amendment No. 18 offered by Ms. Clarke of New York

  The text of the amendment is as follows:

       Page 137, line 3, insert ``including by women and 
     underrepresented minority students,'' after ``and 
     participation,''.

           Amendment No. 19 offered by Mr. Cohen of Tennessee

  The text of the amendment is as follows:

       Page 149, after line 21, insert the following new section:

     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

[[Page 8023]]

       (4) exposing elementary and secondary students to 
     engineering education can expand students' understanding of 
     engineering and their awareness of career opportunities in 
     these fields.


            Amendment No. 20 offered by Mr. Cuellar of Texas

  The text of the amendment is as follows:

       Page 101, after line 2,1 insert the following new 
     subsection:
       (e) Outreach.--In carrying out the program under this 
     section, the Director shall conduct outreach efforts to 
     encourage applications from underrepresented groups.
       Page 106, after line 12, insert the following new 
     subsection:
       (g) Outreach.--In carrying out the program under this 
     section, the Director shall conduct outreach efforts to 
     encourage applications from underrepresented groups.


          Amendment No. 25 offered by Mr. Honda of California

  The text of the amendment is as follows:

       Page 132, line 7, strike ``and''.
       Page 132, line 12, strike the period at the end and insert 
     ``; and''.
       Page 132, after line 12, insert the following:
       (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.
       (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.


          Amendment No. 27 offered by Ms. Jackson Lee of Texas

  The text of the amendment is as follows:

       Page 126, line 14, strike ``and''.
       Page 126, line 16, strike the period and insert the 
     following: ``, and an economic and ethnic breakdown of the 
     participating students.''


            Amendment No. 39 offered by Mr. Hare of Illinois

  The text of the amendment is as follows:

       Page 149, after line 21, insert the following new section:

     SEC. 305. 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.


           Amendment No. 47 offered by Ms. Moore of Wisconsin

  The text of the amendment is as follows:

       Page 208, line 13, insert ``and the Great Lakes'' after 
     ``including oceans''.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Tennessee (Mr. Gordon) and the gentleman from Texas (Mr. Hall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. GORDON of Tennessee. Mr. Chairman, let me say that this is a 
block of amendments that have been well scrutinized by I think the 
minority and the majority. We feel they are all good amendments.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I rise in opposition to the en bloc 
amendments before us, although I do not intend to oppose them. All 11 
of the amendments are noncontroversial, and we're generally supportive. 
I will not oppose these.
  Mr. Chairman, I yield back the balance of my time.
  Mrs. McCARTHY of New York. Mr. Chair, I thank you and Ranking Member 
Hall for bringing forward this important bill, the America COMPETES 
Act.
  Thanks to the passage of several pieces of legislation, namely the 
Recovery Act, rising unemployment rates have been curbed and economic 
indicators have shown signs of modest progress.
  Make no mistake though we, as a nation, have a long ways to go to 
ensure both short and long-term economic stability and prosperity.
  The America COMPETES Act represents an important step in that 
direction.
  Research and innovation across various disciplines is an economic 
model our nation should live by.
  I am proud to offer an amendment to the America COMPETES Act. My 
amendment ensures that a needs assessment required to improve the 
operation and reliability of emergency communication devices build upon 
conclusions and assessments of prior reports on the matter.
  Events like the recent West Virginia mining tragedy and September 
11th remind us all of the barriers we must cross technologically to 
ensure that emergency communication systems are able to perform in 
times of distress.
  Most famously, the 9/11 Commission Report made explicit 
recommendations on the subject of emergency communication enhancement. 
As a New Yorker, not a day goes by that I do not think of the September 
11th attacks and the barriers that stood in our way from potentially 
saving more lives.
  It is imperative that research conducted on emergency communication 
build upon prior conclusions so that we, as a society, are better 
prepared to face the challenges any crisis may pose. Furthermore, 
avoiding duplicate work is pivotal to a properly directed innovation 
and research agenda.
  My amendment is straightforward. It ensures that assessment in the 
field of emergency communications take into consideration apt reports 
and studies that have already been conducted on this matter of 
importance. With my amendment, we, as a nation, can ensure that 
mistakes and shortcomings in the field of emergency communication are 
learned from thus poising our nation's brave first-responders to save 
more lives.
  I urge all my colleagues to support the amendment.
  Mr. CUELLAR. Mr. Chair, I rise today to encourage my colleagues to 
support my amendment to the America COMPETES Reauthorization Act of 
2010.
  Many very qualified students can compete for the fellowships and 
scholarships if they are only made aware of them. This amendment would 
require the Director of the National Science Foundation to conduct 
outreach efforts to encourage increased applications from 
underrepresented groups. It is of utmost importance to give all 
individuals an opportunity at these programs.
  The simple--but crucial--effort to make underrepresented groups a 
part of the process will serve to create a more diverse and 
representative workforce in the National Science Foundation's 
Postdoctoral Research Fellowships.
  The challenges our nation faces in this century require that we have 
a highly-skilled and creative workforce trained in the areas of STEM 
(science, technology, engineering, and mathematics).
  In the 21st century human advancement is closely linked in STEM 
fields. It is imperative that we create a broad pipeline of STEM 
professionals.
  Our future leaders will need STEM skills to craft innovative policies 
on issues of national concern such as transportation, sustainability, 
healthcare, and national security.
  Hispanic enrollment in colleges and universities has more than 
doubled over the past two decades (2010 University of Southern 
California study).
  Hispanic participation in STEM fields at the higher education level 
has grown but it has not kept pace with their growth within the general 
population (USC).
  Among Hispanics who enroll in four-year institutions, 36% indicate an 
intention to major in a STEM field.
  I thank the distinguished Chairman for his work on this legislation, 
and consideration of this amendment.
  We can harness this 21st century technology to bring these areas out 
of 19th century conditions.
  Mr. Chairman, I applaud you on this important legislation, and I urge 
all my colleagues to vote ``yes'' on this amendment.
  Mr. HONDA. Mr. Chair, I rise today in support of H.R. 5116, the 
America COMPETES Reauthorization Act. I commend Chairman Bart Gordon 
and the other members of the Science and Technology Committee, on which 
I am proud to have once served, for the hard work and thoughtful 
consideration that went into this bill.
  The America COMPETES Act of 2007 significantly bolstered American 
innovation, the most fundamental hope for sustainable economic growth 
and competitiveness in the United States and a critical driver of the 
economy of my Silicon Valley district. It helped drive new research and 
its commercialization, and encouraged the creation of a more dynamic 
business environment, and made improvements to science, technology, 
engineering and math (STEM) education that are important for our 
nation's long term economic health.

[[Page 8024]]

  It is critical that we provide sustained support for scientific 
research and STEM education, or our ability to compete in the global 
economy will be put in jeopardy. As the Joint Economic Committee noted 
in a new report released today, basic research plays a critical role in 
sparking innovation, and it is prudent for the federal government to 
increase its basic research expenditures now. That is why I am proud to 
support H.R. 5116, which authorizes those much needed investments.
  I am pleased that the bill includes provisions to ensure coordination 
of federal science, technology, engineering and mathematics (STEM) 
education activities by establishing a committee under the National 
Science and Technology (NSTC) to handle these activities. Providing 
this coordinating mechanism for the federal STEM education programs, 
along with requiring the development of a STEM education strategic plan 
and the submission of an annual report about the budget and activities 
of federal STEM education programs, is critical to strengthening these 
programs and ensuring America remains innovative and competitive in the 
21st century the global economy.
  For too long we have failed to ensure that the various agencies 
involved in STEM education efforts are aware of what is being done and 
what has already been done elsewhere. According to the Academic 
Competitiveness Council's (ACC) report, in 2006 the U.S. sponsored 105 
STEM education programs at more than a dozen different Federal 
Agencies. These programs devoted approximately $3.12 billion to STEM 
education activities spanning pre-kindergarten through postgraduate 
education and outreach. The report notes that many of these Agencies do 
not share information or work collaboratively on similar programs, 
demonstrating a need for better coordination.
  The STEM education coordination provisions of this bill are similar 
to those included in my own bill, the Enchancing Science, Technology, 
Engineering, and Mathematics Education (E-STEM) Act, H.R. 2710. To 
incorporate another element from H.R. 2710 into America COMPETES, 
stimulating collaboration between the federal and state levels 
throughout the nation, I have offered an amendment to the bill to make 
it the responsibility of the STEM Education Advisory Committee created 
in the bill to facilitate improved coordination between federally 
supported STEM education programs and state level activities, including 
P-16 and P-20 councils.
  I am also pleased that H.R. 5116 contains a reauthorization of the 
National Nanotechnology Initiative that incorporates numerous 
provisions that I originally proposed in my own legislation, the 
Nanotechnology Advancement and New Opportunities (NANO) Act, H.R. 820.
  Both bills seek to focus America's nanotechnology research and 
development programs on areas of national need such as energy, health 
care, and the environment, and have provisions to help assist in the 
commercialization of nanotechnology. They also require the development 
of a nanotechnology research plan that will ensure the development and 
responsible stewardship of nanotechnology by addressing uncertainty 
about the health and safety risks it might pose and support the 
development of educational tools and partnerships to help prepare 
students to pursue postsecondary education in nanotechnology.
  Again, I congratulate the Science and Technology Committee and 
Chairman Gordon for their work on this bill and thank them for 
incorporating so many of the provisions from my bills and for accepting 
my amendment. I urge my colleagues to support this important 
legislation to ensure that our nation leads the world in innovation and 
science and technology.
  Ms. JACKSON LEE of Texas. Mr. Chair, I rise in support of my 
amendment to H.R. 5116--``To invest in innovation through research and 
development, to improve the competitiveness of the United States, and 
for other purposes.''
  My amendment amends Section 345(e) to mandate the Director of the 
National Science Foundation (NSF) to report on the economic and ethnic 
breakdown of ``Science Technology Engineering and Mathematics'' (STEM) 
industry internship program recipients.
  At present, this section mandates the Director of the NSF to 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, and any 
evidence of the effect of those awards on workforce preparation and 
jobs placement for participating students. In my opinion, requirements 
for assessing participation of minority and economically-disadvantaged 
backgrounds are conspicuously absent from these reporting requirements, 
and my amendment seeks to rectify this problem.
  Mr. Chair, facilitating links between institutes of higher education 
and the private sector is vital to ensuring that education enables a 
skilled and relevant workforce. Such links are especially important for 
minorities and under-served communities because these students often 
lack alternative avenues to connect their education with an industry. 
Internship experience is an increasingly vital component of a 
successful resume, yet the unpaid nature of internships is cost-
prohibitive for many people.
  As I mentioned, this amendment would mandate that the Director of the 
National Science Foundation (the organization that oversees this 
program) report on the economic and ethnic breakdown of this program's 
recipients. Such data will be useful to ensure that minorities and 
economically-disadvantaged students have adequate access to internships 
that bridge STEM academia and industry. Indeed, I trust that this data 
will provide evidence of robust participation by minority and 
economically-disadvantaged students; however, if such students are not 
participating, these reporting requirements will provide Congress with 
the data it needs to facilitate broad participation.
  Thank you again. I urge my colleagues to support this simple but 
important resolution.
  Mr. WU. Mr. Chair, my amendment, which I have submitted along with my 
colleague from Maryland, Mr. Bartlett and will be part of an en bloc 
amendment, will facilitate ARPA-E applications by small businesses and 
entrepreneurs and will allow ARPA-E to consider a wider range of 
proposals relevant to its mission.
  This amendment is straightforward and emphasizes the importance of 
proposals submitted by small businesses and entrepreneurs--the 
lifeblood of innovation and our American economy. This amendment 
further mirrors the DARPA program by creating flexibility within ARPA-E 
for solicitations year-round, on broadly defined areas of science and 
technology, creating a greater diversity of projects coming into the 
pipeline, while still maintaining the program's ability to focus on 
funding projects in specific areas of technological innovation.
  ARPA-E is a robust pathway to new discoveries in technology and new 
investment in American manufacturing. To paraphrase Secretary Chu, 
ARPA-E was designed to provide for opportunity to swing from the heels. 
There will be missed pitches, but there will be home runs and grand 
slams, too. While the program has been considered a success--recently 
announcing 37 diverse solicitation winners--by providing continuous and 
non-restrictive solicitations, ARPA-E will be able to act in an all-
comers fashion, selecting from a wide range of products in order to 
foster innovative solutions to the energy issues our Nation faces.
  I am happy to have worked in a bipartisan way with Mr. Bartlett from 
Maryland--I greatly appreciate his thoughtful contributions to this 
amendment. Through both his scientific background and his work on Armed 
Services, Mr, Bartlett has always brought an informed and helpful 
perspective in the establishment of ARPA-E. The House Committee on 
Science and Technology may be one of the last bastions of nonpartisan 
policymaking in this body and Mr. Bartlett's work and forethought has 
helped to exemplify that ideal. I ask that the House support this 
amendment.
  Mr. HARE. Mr. Chair, I rise today in strong support of this first 
amendment en bloc to the America COMPETES Reauthorization Act of 2010. 
I support this legislation because I believe a substantial investment 
in science, technology, engineering, and mathematics translates to 
innovation and good-paying jobs. As a member of the Education and Labor 
Committee, it is clear to me how federal grant opportunities for 
colleges provides for a strong American workforce.
  Mr. Chair, included in this en bloc amendment is language I authored 
which seeks to give every higher education institution, regardless of 
funding history or its location, a fair shot at receiving funding.
  I have concerns that a disproportional amount of the funding 
authorized under this bill would end up being awarded to large 
institutions, which may eclipse small colleges and universities, many 
of which are located throughout rural America.
  Let me be clear--I strongly support, and encourage, all institutions 
of higher learning to pursue federal STEM funding opportunities. What 
my provision does is simply express the sense of Congress that when the 
grant-making authority is evaluating two or more applications of equal 
merit, that additional consideration should be given to applicants in 
rural areas and those that have no history of federal STEM grant 
funding.
  Mr. Chair, because there are many bigger schools which have an entire 
staff dedicated to searching for grant opportunities, I believe that we 
must ensure there is a level playing field so that all areas of this 
nation and

[[Page 8025]]

schools of all sizes and resources are able to benefit.
  I believe the language I authored will benefit the overall 
legislation by enabling unprecedented STEM funding access to schools 
all across this nation.
  I would like to close by thanking and congratulating Chairman Gordon 
and Ranking Member Hall for their extraordinary work in crafting the 
underlying bill. I was proud to support the 2007 COMPETES legislation, 
and I am proud to support its reauthorization.
  I urge all of my colleagues to join me in supporting both en bloc 
amendment number one and the final passage of the America COMPETES 
Reauthorization Act.
  Mr. GORDON of Tennessee. Mr. Chair, I have no further requests for 
time, and I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendments en bloc offered 
by the gentleman from Tennessee (Mr. Gordon).
  The amendments en bloc were agreed to.


              Amendment No. 6 Offered by Mr. Hall of Texas

  The Acting CHAIR. The Chair understands that amendment No. 2 will not 
be offered at this time.
  It is now in order to consider amendment No. 6 printed in part B of 
House Report 111-479.
  Mr. HALL of Texas. Mr Chairman, acting as the designee of Mr. Broun 
of Georgia, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Hall of Texas:
       Strike title V.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Texas (Mr. Hall) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. HALL of Texas. Mr. Chairman, I rise to support this amendment. 
The amendment would simply strike title V of this bill, which creates 
bigger government and calls for more spending in areas that go well 
beyond research and development and authorize potentially inappropriate 
and duplicative programs.
  In particular, I want to note our strong objection to the Regional 
Innovation Clusters program that's created by title V. Not only does it 
fund activity well beyond R&D, the language is so loosely written that 
virtually any type of industry would be eligible to undertake virtually 
any type of activity. The bill would reduce funding available for high 
priority R&D programs at the Department of Commerce, such as those at 
NIST.
  I strongly support this amendment and urge its adoption.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chair, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. GORDON of Tennessee. Mr. Chair, Dr. Broun is a valued member of 
our committee. We've had a number of discussions, as he's been very 
active. We agree on some things, we don't agree on others. We 
compromise on some. This is one that we were not able to come to 
agreement on.
  All the provisions, and what this would do is this would strike the 
title V of this bill. All provisions in title V are aimed at looking at 
creating real world economic value for research and development.

                              {time}  1615

  Title V includes three important provisions to help spur innovation 
in this country. It creates a loan guarantee program at the Department 
of Commerce for small- and medium-sized manufacturers seeking to 
innovate and retool for the 21st century to remain globally 
competitive. It establishes an Office of Innovation and Enterprise at 
the Department of Commerce to help turn the good ideas into new 
businesses, leading to economic growth and job creation. And, finally, 
it establishes a Regional Innovation Program at the Department of 
Commerce to empower local communities to leverage regional strengths to 
promote innovation.
  This is a good bill, but this amendment would take away from the 
bill.
  I yield back the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I would like to support this 
amendment. The amendment would simply strike title V of this bill, 
which creates bigger government and calls for more spending.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Hall).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. HALL of Texas. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


           Amendment No. 7 Offered by Mr. Gordon of Tennessee

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in part B of House Report 111-479.
  Mr. GORDON of Tennessee. Mr. Chair, I rise as the designee for Mr. 
Boswell and Mr. Michaud and have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Gordon of Tennessee:
       Page 133, line 25, strike ``and''.
       Page 134, after line 1, insert the following new clause:
       ``(vii) biomass technology systems; and''.
       Page 135, line 23, strike ``and''.
       Page 135, after line 25, insert the following new clause:
       ``(vii) biomass technology systems; and''.

  The ACTING CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Tennessee (Mr. Gordon) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, this amendment once again has been before the public, 
well scrutinized. It would ensure that the biomass technology systems 
and related courses are included in the list of fields that would be 
encompassed by the energy systems science and engineering education 
programs at the Department of Energy.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I rise to claim time in opposition 
to this amendment, although I do not intend to oppose it.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. HALL of Texas. I have no objection to the amendment. I reserve 
the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chair, I yield such time as he may 
consume to the gentleman from Iowa (Mr. Boswell), the author of this 
very good amendment.
  Mr. BOSWELL. Mr. Chairman, I hope I convinced the ranking member. I 
appreciate your hard work. You have been doing some excellent work for 
all of us, for our country, for our future.
  The COMPETES reauthorization provides for important investments in 
STEM education that I believe will move our students and Nation 
forward. I have always held that education and innovation are two of 
the best investments we can make, for they guarantee a turnaround and 
are proven to enhance the quality of life for all Americans. This 
legislation will bring greater innovation and stability to our 
institutions of education at all levels and to our Nation's economic 
vitality.
  This amendment, which I am proud to offer with Mr. Michaud, makes a 
very simple and very important modification to the COMPETES 
reauthorization. This amendment ensures that when the Department of 
Energy assists in the expansion of energy-related courses or degree 
programs that biomass technology systems education can be utilized. It 
will guarantee that the grants, scholarships, and training programs 
offered under this program

[[Page 8026]]

can be used by students and schools that are moving us forward in the 
study and business of biomass technology systems.
  Biomass production is an important component of our economy and 
energy security that we must foster. We all know very well the 
importance of biofuels and its benefits to our environment and our 
national security by ending our dependence on foreign oil. My 
constituents in Iowa have experienced the successes of ethanol 
biodiesel. However, corn-based ethanol is just one piece of the larger 
puzzle. We're seeing great advances in alternative fuels and increased 
production of native plants that can be reaped for maximum energy use.
  My home State of Iowa continues to play a critical role in the 
development of the biomass industry in the United States. As leaders in 
agriculture, we have access to the resources and expertise to produce 
advanced biofuels, biopower, and bioproducts. Many young minds at 
various schools in Iowa are moving forward to study the production of 
biomass, how to maximize the use of alternative fuels and produce 
plants that maximize the best return possible when harnessed for their 
energy.
  Supporting this amendment will ensure that this technology can expand 
across our great Nation, and it will affirm for our researchers, 
students, teachers, and scientists that they can move forward with this 
innovation and bring us closer to a Nation that is reliant on its own 
resources and not on OPEC. So I encourage my colleagues to support this 
amendment and vote on behalf of students, innovation, and energy 
dependence.
  Mr. HALL of Texas. Mr. Chairman, I yield back the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, it is a good amendment, and I 
suggest its approval. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Tennessee (Mr. Gordon).
  The amendment was agreed to.


           Amendment No. 8 Offered by Mr. Gordon of Tennessee

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in part B of House Report 111-479.
  Mr. GORDON of Tennessee. Mr. Chair, I rise as designee for Mr. Davis 
of Illinois, and I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Gordon of Tennessee:
       Page 69, line 18, insert ``, disaggregated and cross-
     tabulated by race, ethnicity, and gender,'' after 
     ``subparagraph (B)''.
       Page 80, line 19, insert ``, disaggregated and cross-
     tabulated by race, ethnicity, and gender'' after ``United 
     States''.
       Page 86, after line 5, insert the following new subsection:
       (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.
       Page 124, line 21, strike ``undergraduate students'' and 
     insert ``students enrolled in certificate, associate, or 
     baccalaureate degree programs''.
       Page 128, line 21, strike ``; and'' and insert a semicolon.
       Page 128, after line 25, insert the following new 
     subparagraph:
       (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
       Page 149, after line 21, insert the following new section:

     SEC. 305. NATIONAL ACADEMY OF SCIENCES REPORT ON 
                   STRENGTHENING THE CAPACITY OF 2-YEAR 
                   INSTITUTIONS OF HIGHER EDUCATION TO PROVIDE 
                   STEM OPPORTUNITIES.

       Not later than 6 months after the date of enactment of this 
     Act, the Office of Science and Technology Policy shall enter 
     into a contract with the National Academy of Sciences to 
     carry out a study evaluating the role of 2-year institutions 
     of higher education as STEM educators, 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.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Tennessee (Mr. Gordon) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Danny Davis' amendment will ensure that the students enrolled in 
2-year, certificate, associate, or baccalaureate programs are eligible 
for STEM programs. It would also call for a report of agency approaches 
to increase minority participation in STEM careers.
  Once again, Mr. Chairman, this has been well reviewed. This is a good 
amendment, and I would recommend it for passage.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I rise to claim time in opposition 
to this amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. HALL of Texas. I am not sure that we really and truly need to 
fund yet another study, this one to look at 2-year colleges. But I have 
a bigger concern with the difficulty of requiring NSF to organize data 
that it's merely reported. The universities collect this data, and it's 
my understanding that there would be various issues with even having 
them do what this amendment proposes.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield such time as he may 
consume to the author of this amendment, Mr. Davis of Illinois.
  Mr. DAVIS of Illinois. Mr. Chairman, first of all I want to thank 
Chairman Gordon and Ranking Member Hall of the Science and Technology 
Committee for their work to develop and promote policies to strengthen 
our Nation's competitiveness in STEM. In particular, I applaud the 
chairman for his leadership in broadening the participation of 
individuals and institutions that are underrepresented in STEM. You and 
your staff actively engaged with me and other members of the 
Congressional Black Caucus to listen to and address our concerns, and 
we appreciate that. I also want to recognize and thank Dahlia Sokolov 
on your staff for sharing her expertise and for being so responsive.
  H.R. 5116 includes multiple provisions that respond to concerns 
raised by

[[Page 8027]]

multiple reports, STEM experts, and Members of the Congress that 
stronger efforts to broaden participation are critical to meeting the 
growing demand for U.S. workers with STEM skills and to improve 
American competitiveness globally. The amendment that I offer, along 
with my colleagues Congressman Grijalva, Congressman Honda, and 
Congressman Kildee, builds upon the existing provisions of the bill to 
further increase the access of minority students to, and the capacity 
of, minority institutions to provide STEM opportunities.
  I am pleased that this amendment is supported by multiple higher 
education organizations, including the American Association of 
Community Colleges, the Hispanic Association of Colleges and 
Universities, the Institute for Higher Education Policy, the National 
Association for Equal Opportunity in Higher Education, the Presidents 
and Chancellors of the 1890 Universities, the Thurgood Marshall College 
Fund, and the United Negro College Fund.
  Again, I want to thank Chairman Gordon and Ranking Member Hall for 
their cooperative responsiveness and the tremendous work that they have 
done on behalf of all Americans to make us the most competitive Nation 
that we can possibly be.
  I want to thank Chairman Gordon and Ranking Member Hall of the 
Science and Technology Committee for their work to develop and promote 
policies to strengthen our nation's competitiveness in science, 
technology, engineering and mathematics. In particular, I applaud the 
Chairman for his leadership in broadening the participation of 
individuals and institutions that are underrepresented in STEM. You and 
your staff actively engaged with me and other Members of the 
Congressional Black Caucus to listen to and address our concerns. I 
want to recognize and thank Dahlia Sokolov on your staff for sharing 
her expertise and for being so responsive.
  According to the Census Bureau, 39 percent of the population under 
the age of 18 is a racial or ethnic minority. Yet, in 2003, only 4.4 
percent of U.S. science and engineering jobs were held by African 
Americans and only 3.4 percent by Hispanics. Further, women represent 
only a little more than one quarter of our science and technology 
workforce. Although Historically Black Colleges and Universities 
represent only 3 percent of our nation's colleges, they graduate 40 
percent of African Americans with degrees in STEM areas and 60 percent 
of African Americans with degrees in engineering; yet, they receive 
only about 1 percent of all federal R&D support. Many experts maintain 
that the ability of the US to produce enough scientists will fall far 
short unless we take strong action to develop the potential of women 
and minorities. Thus, broadening participation efforts are critical to 
meeting the growing demand for U.S. workers with STEM skills and to 
improving American competitiveness globally.
  H.R. 5116 includes multiple provisions that respond to concerns 
raised by multiple reports, STEM experts, and Members of the Congress 
about the need to broaden participation of individuals and institutions 
that are underrepresented in STEM fields. The amendment that I offer 
along with my colleagues Congressman Grijalva, Congressman Honda, and 
Congressman Kildee builds upon the existing provisions in the bill to 
further increase the access of minority students to and the capacity of 
minority institutions to provide STEM opportunities.
  I am pleased that this amendment is supported by multiple higher 
education organizations, including: The American Association of 
Community Colleges; The Hispanic Association of Colleges and 
Universities; The Institute for Higher Education Policy; The National 
Association for Equal Opportunity in Higher Education; The Presidents 
and Chancellors of the 1890 Universities; The Thurgood Marshall College 
Fund; and The United Negro College Fund.
  Our amendment does five things.
  First, it clarifies that the new STEM Education Strategic Plan will 
include a specific focus on broadening participation of individuals and 
institutions that are underrepresented in STEM. H.R. 5116 recognizes 
the need to coordinate STEM education efforts within the Executive 
Branch. Consistent with experts in STEM education, our amendment simply 
clarifies that the strategic plan for coordinating STEM education 
across the Executive Branch should have each agency identify steps it 
takes to broaden the participation.
  Second, it includes a National Academy of Sciences report on 
strengthening the capacity of two-year institutions to provide STEM 
opportunities. The majority of Latino and African American students 
attend two-year colleges. Moreover, two-year institutions play an 
integral role in training STEM professionals through terminal and 
certification degrees as well as in preparing students to transfer to 
four-year institutions to complete STEM baccalaureate degrees. Thus, 
two-year institutions are a critical component of the STEM pipeline.
  Although a few reports have examined the role of these institutions 
in a particular STEM discipline, no study has looked at comprehensively 
at two-year institutions with regard to STEM. A comprehensive analysis 
of how Federal agencies can provide increased opportunities for two-
year institutions to participate across the portfolios of STEM 
education and research will do much to improve success of low income 
and minority students in STEM fields.
  Third, our amendment strengthens the data collections related to STEM 
faculty and Federal research grants by ensuring the data are examined 
by race/ethnicity and gender. These data are important to assessing 
progress in broadening participation. Consistent with NSF data 
collections on students in STEM fields, the amendment simply ensures 
that these important data collections will be examined by race, 
ethnicity, and gender.
  Fourth, the amendment strengthens the institutional research 
partnerships provision by including a reporting requirement on 
partnership grants. In order to ensure that partnerships among 
institutions are collaborative and equitable, H.R. 5116 requires NSF to 
award funds directly to institutional partners involved in a research 
collaboration funded at a level greater than $2 million. The amendment 
simply includes a report requirement so that we have a fuller 
understanding of the number and nature of such partnerships.
  Finally, our amendment clarifies that undergraduates in two-year 
programs are eligible for the Undergraduates In Standard Research 
Grants. The amendment simply clarifies that students in certificate, 
associate, or baccalaureate degree programs qualify for research 
grants.
  As I close, I thank the Chairman and Ranking Member again for their 
leadership. I strongly encourage my colleagues to vote in favor of this 
amendment that will strengthen the bill's provisions to broaden 
participation.
  Mr. HALL of Texas. Mr. Chairman, I yield back the balance of my time.
  Mr. GORDON of Tennessee. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Tennessee (Mr. Gordon).
  The amendment was agreed to.


        Amendment No. 10 Offered by Mr. Markey of Massachusetts

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in part B of House Report 111-479.
  Mr. MARKEY of Massachusetts. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Markey of Massachusetts:
       Page 195, after line 11, insert the following new section:

     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

[[Page 8028]]

     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.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Massachusetts (Mr. Markey) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Massachusetts.

[[Page 8029]]


  Mr. MARKEY of Massachusetts. Mr. Chairman, the amendment I am 
offering today, along with the gentlelady from California (Mrs. Capps), 
would add a new R&D program specifically focused on increasing our 
Nation's capacity to turn new innovations into new jobs. A clean energy 
consortium would be regionally based, selected by the Secretary of 
Energy through a competitive process, and include research 
universities, national labs, industry, and other State and 
nongovernmental organizations with expertise in clean energy 
development.
  Moving to commercialize innovations in the clean energy sector is 
critical to our ability to compete for jobs with China and India. The 
faster we bring clean energy technologies to market, the faster we end 
our addiction to foreign oil from the Middle East. Our amendment will 
connect professors with producers, inventors with investors to move 
energy innovations out of the lab and into the factory.
  Unlike research in biotech and defense, technology developed through 
energy R&D must break into a deeply entrenched market at a competitive 
cost in order to be successful. We need policies that can help overcome 
the valley of death where great ideas frequently stall before they have 
reached the critical proof-of-concept stage. That's what we do in this 
amendment.
  We have worked with business, universities, and venture capital 
groups in developing this legislation. It has received endorsements 
from TechNet. The National Venture Capital Association has endorsed 
this amendment. The Clean Economy Networks, the companies across this 
country that want to focus on this energy sector, create millions of 
new jobs want this as part of the plan that we put together to make 
sure that it's not just research; it's research that turns into jobs 
rapidly in our country.
  I reserve the balance of my time.

                              {time}  1630

  Mr. HALL of Texas. Mr. Chairman, I rise to claim time in opposition 
to this amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. HALL of Texas. This amendment creates a new program, as Mr. 
Markey has said, to pursue commercialization of clean energy 
technologies. This is not necessarily the problem.
  We all agree that clean energy technologies are worth pursuing. The 
problem, however, is that the clean energy technology program created 
by this amendment is duplicative of another new program already in the 
bill, the Energy Innovation Hubs program, and I am opposed to the Hubs 
program because it is largely duplicative of existing DOE and R&D 
activities. So the amendment duplicates a program that's already 
duplicative itself.
  Further, these programs are expensive and expand the bureaucracy 
within the Department of Energy, which is already too large. We need to 
be consolidating and streamlining DOE's many R&D programs, not creating 
new ones on top of new ones.
  I strongly oppose this amendment, and I reserve the balance of my 
time.
  Mr. MARKEY of Massachusetts. May I inquire of the Chair, how much 
time is remaining?
  The Acting CHAIR. The gentleman from Massachusetts has 3 minutes 
remaining. The gentleman from Texas has 4 minutes remaining.
  Mr. MARKEY of Massachusetts. At this point, I will yield to myself 
for 30 additional seconds.
  This commercialization focus program complements existing R&D 
initiatives. Strong, long-term support for basic and applied research 
is critical to developing the scientific breakthroughs needed to meet 
our energy challenges, but additional focus on commercialization will 
help ensure that existing innovations and those further down the 
pipeline find a pathway to the market. It creates the link between R&D 
and economic development and job creation. Without it, I do not believe 
America can win in this sector.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. I yield 1 minute to the gentlelady from 
California (Mrs. Capps).
  Mrs. CAPPS. First of all, thank you, Chairman Gordon, for your great 
work on this bill. I want to thank my colleague, Mr. Markey, for your 
leadership on clean energy issues.
  Mr. Chairman, I rise today in strong support of the Markey-Capps 
amendment, which is included in our legislation.
  The Markey-Capps amendment would complement the clean energy 
advancement goals of the America COMPETES Act by creating a regional 
clean energy consortia program. This program will bring together 
regional networks of research universities, of national labs, of 
businesses and investors in the clean energy sector to accelerate the 
commercialization of new clean energy technologies.
  They will also stimulate regional economic development and create 
jobs in places like the central coast of California, which I represent. 
The Green Coast Innovation Zone, GCIZ, in my district is built on this 
model and is eager to expand further into the clean energy sector. This 
provision will support their efforts to create high-quality green jobs 
that pay well and cannot be outsourced.
  So I urge my colleagues to vote ``yes'' on the Markey-Capps 
amendment.
  Mr. HALL of Texas. I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. Could the Chair please inform us of how 
much time is left.
  The Acting CHAIR. The gentleman from Massachusetts has 1\1/2\ 
minutes. The gentleman from Texas has 4 minutes.
  Mr. MARKEY of Massachusetts. Would it be possible for me to ask for 
the gentleman from Texas to draw down his time a little bit more before 
we come to the end of the speakers on the Democratic side?
  Mr. HALL of Texas. Mr. Chairman, the clean energy consortia language, 
``support collaborative cross-disciplinary research and development 
areas not being served by the private sector in order to develop and 
accelerate the commercial application of innovative clean energy 
technology,'' that's clearly duplicative. I've stated that in my 
opening remarks.
  ``Support multidisciplinary collaborative research development 
demonstration and commercial application of advanced energy 
technologies in areas not being served by the private sector.''
  I think this is probably the most operative language for the two 
programs, and I do detect a difference.
  I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. Mr. Chairman, I yield 30 seconds to the 
chairman of the Science Committee, Mr. Gordon.
  Mr. GORDON of Tennessee. Mr. Chairman, as I said earlier in the day, 
I don't want to trade Americans' dependency on foreign oil for 
Americans' dependency on foreign technology.
  For us to get energy independence, there's going to be a variety of 
ways to go about it. Just like there's a variety of ways to skin a cat, 
this is one more way to get energy independence, and I support Mr. 
Markey's amendment.
  Mr. HALL of Texas. I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. I yield 30 seconds to the gentlelady 
from Wisconsin (Ms. Moore).
  Ms. MOORE of Wisconsin. I thank the gentleman for yielding.
  Mr. Chairman, I am in wholehearted support of this amendment and this 
bill.
  I just wanted to speak briefly on the previous amendment that passed 
en bloc, which included a provision for which I am responsible. It 
included the Great Lakes. The Great Lakes are not just mere lakes; they 
are inland seas, and they contain the greatest source of freshwater on 
Earth. And despite their size, they are extremely vulnerable to 
stresses from environmental pollution, ecological alterations, and 
climate changes. In addition to that, they are a great source of 
economic development.
  There are many unanswered research questions regarding the lakes' 
ecological stability. But there is already significant evidence that 
the climate of the Great Lakes region is

[[Page 8030]]

changing: for example, water temperatures have been higher, and the 
duration of winter ice cover has declined.
  These changes have a serious impact on the Great Lakes ecosystem--and 
the goods and services linked to the Lakes. To name just a few of the 
myriad potential effects:
  Water temperatures are already rising, and almost all of the climate 
change scenarios predict further changes in temperature and 
precipitation. Lakes are very sensitive to climate in terms of the 
amount of precipitation and evaporation.
  Precipitation changes are causing variation in water levels; most 
predictions are for lower levels but some predict higher levels.
  Precipitation is predicted to increase but is predicted to come in 
fewer and more intense effects--in effect, a higher number of more 
intense rainstorms--which has a big impact on runoff from the lake, 
soil erosion, non-point pollution, and more.
  Climate change is already affecting the population and distribution 
of fish and many other organisms; water level and temperature changes 
may also accelerate the accumulation of mercury and other contaminants.
  When lake levels change, costs of shipping in the Great lakes 
increase, as do the costs of dredging harbors and channels, and 
adjusting docks and other infrastructure.
  Climate change disrupts Great Lakes regional agricultural 
productivity (largely because of changes in the distribution of rain).
  There is a dire need for comprehensive research on the impact of the 
environment on the Great Lakes region--now, not later. Waiting to begin 
managing the potential effects of climate change on the lakes only 
increases the ultimate expense, and the potential for irreversible 
damages.
  If we act fast, we can take action to prevent some of the most 
damaging effects of climate change, and we an provide immediate relief 
in the form of cost savings, cleaner air and water, improved 
recreational opportunities, safeguarded environmental habitat, and 
improved quality of life for communities in the Great Lakes region.
  We also must safeguard Lake Michigan--and in fact, all the Great 
Lakes--because of the Lakes' vital role these play in the region's 
economy. Lake Michigan is the lifeblood of the Milwaukee regional 
economy.
  We have to use every tool in our toolbelt to ensure Lake Michigan's 
ecological stability--not only for the sake of environmental 
protection, but for the sake of our economic security--from tourism to 
manufacturing to fishing to shipping.
  Southeastern Wisconsin is home to over more than 120 water-related 
businesses and five of the largest 11 water technology companies have 
significant presence in the area. UWM is home to the Great Lakes Water 
Institute, which is the largest research center of its kind on the 
Great Lakes. The Water Institute represents the only major aquatic 
research institution located on Lake Michigan and the largest U.S. 
institution of its kind in the Great Lakes region.
  According to the EPA, today, there are approximately 37 million 
people living in the Great Lakes basin and more than 26 million of 
these people rely on the Great Lakes for their drinking water.
  Shipping has been responsible for the development of the entire Great 
a Lakes Region.
  Many manufacturing industries are attracted to the Great Lakes area 
because of the advantages of being near a water source which provides 
inexpensive electricity and convenient transportation routes.
  The Journal Sentinel reports that there are 44,000 jobs directly tied 
to Great Lakes shipping, and nearly 200,000 jobs in the mining and 
steel industries that depend on the lakes' cargo.
  Mr. HALL of Texas. Mr. Chairman, I would inquire of Mr. Markey if he 
has other speakers.
  Mr. MARKEY of Massachusetts. I am now the last speaker, and I am 
going to reserve the balance of my time pending the completion.
  The Acting CHAIR. The gentleman from Texas has the right to close.
  Mr. MARKEY of Massachusetts. So how much time is remaining?
  The Acting CHAIR. The gentleman from Texas has 3 minutes, and the 
gentleman from Massachusetts has 45 seconds.
  Mr. MARKEY of Massachusetts. I yield myself the balance of my time.
  Again, it is just to make this point that we must find a way in our 
country to have a plan. In China, on Monday they decide to do 
something, on Friday it starts to happen.
  We need a plan. We need a plan to put together our inventors and our 
investors. We need a plan that puts together our professors with our 
producers. We need to find a way in which we telescope the timeframe it 
takes to create jobs in solar and wind and all of these new industries 
that have the potential of creating 2 million new jobs in our country 
or millions of jobs in China. That's our choice.
  And if we don't take this opportunity, then young Americans are going 
to wonder in a few more years why we didn't put together a plan. That's 
what this amendment is. It's a pilot project, but it is one that will 
then have to be modeled in area after area around this country to 
ensure that we move fast to capture this renewable energy revolution 
that is very rapidly going to overtake this planet in the same way that 
the dot-com revolution did so in the 1990s.
  Vote ``yes'' on the Markey-Capps amendment.
  Mr. HALL of Texas. Mr. Chairman, I continue to oppose the amendment. 
It is duplicative of several other programs, and I urge my colleagues 
to oppose it.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Massachusetts (Mr. Markey).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. HALL of Texas. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from 
Massachusetts will be postponed.


      Amendment No. 12 Offered by Mr. George Miller of California

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in part B of House Report 111-479.
  Mr. GEORGE MILLER of California. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. George Miller of 
     California:
       Page 246, after line 8, add the following new section:

     SEC. 704. 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

[[Page 8031]]

     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.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from California (Mr. George Miller) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. GEORGE MILLER of California. I yield myself 3 minutes.
  Mr. Chairman, in much of the history of the United States, and 
certainly in the most recent history of the United States, we have made 
a decision to build much of our economy on the backs of the best and 
the brightest that this country has to offer; to go to the research 
universities and to other universities and develop grants from Federal 
agencies to the National Science Foundation, from NIH and from the 
other agencies to do the research necessary to drive basic discovery, 
and to drive from that discovery innovation, and from that innovation 
economic growth. And its served this economy and it's served this 
Nation very, very well over the last 50 years.
  But we have a problem here. We have a situation where the best and 
the brightest people, among the most talented, a select group of 
people, the postdoctoral individuals, people who've had their master's 
degrees and their Ph.D.'s in sciences and engineering and mathematics 
and a whole range of fields participate in that research. They, in many 
instances, write the grants for that research. The grants are awarded 
to the universities based upon their work. Those grants provide for 
escalators so that the principal investigator and the postdocs that he 
hires, those very bright graduates of our university system to run the 
labs, to do the research, to assist that individual, that they be 
provided for.
  And yet we find out that in many instances, universities are 
withholding information that these students have an absolute right 
under State law to have. And that right is to understand how they are 
paid and the availability of money in these grants for their increases.
  In most of these grants, the Federal institutions and others require 
that escalators be built into. The universities require when the 
postdocs and the principal investigators write these grants to submit 
to the Federal Government and to the agencies that they include an 
escalator.
  And what are the universities doing? In the case of University of 
California, Berkeley, they withhold. They then take 53 percent in 
overhead charges. So in a $1 million grant, they get an additional over 
$500,000 to administer that grant. They take that share of the 
escalators for themselves, but they don't pass it on to these brilliant 
young people who are also now--because they've postponed, in many 
instances, having a family and buying a home, they now become among the 
lowest-paid people in the region.
  All this amendment says is, if they are entitled to the information 
under the law, that the university should have to provide it. The 
University of California has been telling these postdocs and telling 
the Congress of the United States for over a year that they would 
provide this information, and they have failed to do that.
  So what we're saying is that these students are entitled to the law, 
to that information. It creates no new right. It creates nothing new in 
collective bargaining. This is not the purpose. The purpose is to--the 
information that they are entitled to under the law they have.
  This is really about the very contracts that the university is 
administering. And yet a year later after the request by both Members 
of Congress and the postdoc graduates, they're told that the 
information is not available. If the information isn't available, it 
raises questions about the overhead, the $850 million that the 
University of California took for the purposes of administering these 
grants.
  I reserve the balance of my time.

                              {time}  1645

  Mr. HALL of Texas. Mr. Chairman, I rise to claim time in opposition 
to the amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. HALL of Texas. Under the Miller amendment, any public university 
receiving funds in this bill would be required to maintain an 
``information policy,'' wherein they would have to produce any 
documents or information that a union requests within 15 days or face 
the threat of losing Federal funding.
  Additionally, it would place a bureaucrat at a grant-awarding agency, 
say the National Science Foundation, in charge of determining whether a 
union was entitled under State or local labor law to the information it 
requested, and whether the university should lose Federal dollars 
because it has not given to the union every bit of information which it 
asked for.
  Should NSF be determining whether a university is fulfilling its 
obligation under State and local labor law? I ask that question.
  Also, although the amendment applies to all schools receiving grants 
under this bill, the bottom line, Mr. Chairman, is that this is a 
political issue specific to one university, the University of 
California. It is my understanding that the University of California 
has been negotiating a contract with the United Auto Workers for some 
time. These negotiations are completely a function of California State 
law and have nothing to do with the Federal Government. Rather than 
attempting to exercise any right or remedy under State law, the UAW has 
chosen to involve my friends on the other side in threatening the 
university with Federal dollars to buckle to the union's demands.
  This is all I have to say about this. I find this amendment 
troubling, and urge its defeat.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, this has really 
nothing to do with labor law. The question is whether the postdoctorate 
employees of the university who are involved in running these very 
sophisticated labs and experiments and research, whether or not they 
get the information that they are entitled to under the law. It only 
applies in those areas where there is an agreement. Many universities 
don't have this, some do.
  But the point of the matter is that if these young people are not 
able to provide for themselves, we are going to take talented people 
and they are going to leave the scientific field. They were given these 
grants because they are among the best grants in the country. They were 
peer-reviewed. A decision was made that this is the science that is 
worth pursuing in the interest of this country in a whole range of 
fields, whether it is in space or energy or food, whatever it is. That 
is the point. Yet these people are among the lowest-paid people in the 
country, with the most education, with the most talent.
  All we are saying is give them the information so they can see if 
there is any restrictions on passing through a portion of, or whatever 
they can agree to, of the escalators that are built into these 
agreements. The university is taking its cut off the top without asking 
anybody, but somehow the postdocs aren't even entitled to that 
information or the graduate students aren't entitled to that 
information under the current policy.
  It is simply not fair, and it is going to be very discouraging to 
extremely talented people that we have placed a bet on. This 
legislation places a bet on the intellectual talent and the curiosity 
and the skills of these individuals to drive the next generation of 
innovation, to drive the next generation of economic growth, to drive 
the next generation of discovery. That is what this is about. That is 
what it should be about. But we can't do that by mistreating the very 
talent pool that is so critical to our success.

[[Page 8032]]

  This is just a simple request for information. It does not provide 
any additional rights to anyone that don't exist today. And I think it 
is time that we recognize the needs of these individuals, of their 
families, if we are going to retain them in the scientific endeavor of 
which they have spent most of their life pursuing, and they are 
obviously very accomplished at this and they are a vital, vital asset 
to this Nation.
  I urge my colleagues to support this amendment, and I want to thank 
the chairman of the committee for his support of this legislation.
  The Acting CHAIR. The gentleman's time has expired.
  Mr. HALL of Texas. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. George Miller).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. HALL of Texas. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


                 Amendment No. 13 Offered by Mr. Reyes

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in part B of House Report 111-479.
  Mr. REYES. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Reyes:
       Page 128, line 21, strike ``; and'' and insert a semicolon.
       Page 128, after line 25, insert the following new 
     subparagraph:
       (E) 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;
       Page 129, line 6, strike the period and insert ``; and''.
       Page 129, after line 6, insert the following new paragraph:
       (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.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Texas (Mr. Reyes) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. REYES. Mr. Chairman, I rise today to urge my colleagues to 
support the America COMPETES Reauthorization Act of 2010 and, with it, 
the Reyes-Connolly amendment.
  In fact, I want to thank my colleague, the gentleman from Virginia 
(Mr. Connolly) for cosponsoring this amendment with me. I also want to 
thank Chairman Gordon and Ranking Member Hall and their staffs on the 
Science and Technology Committee for their hard work on the America 
COMPETES legislation. This legislation is vital to our Nation's long-
term competitiveness.
  This noncontroversial amendment for this legislation would accomplish 
two goals:
  First, it would require the Science, Technology, Engineering and Math 
Coordinating Committee under the Office of Science and Technology 
policy to describe in their 5-year strategic plan the approaches that 
each STEM agency will take to conduct outreach designed to promote 
widespread public understanding of career opportunities in STEM fields.
  Second, the amendment requires the establishment and the maintenance 
of a publicly accessible online database, or a STEM.gov, if you will, 
of all federally-sponsored STEM education programs. STEM.gov would be a 
one-stop shop where teachers, students, and researchers would be able 
to access information on all of the opportunities available in STEM 
fields. Currently, all STEM programs are listed in different places 
online with different programs, and this amendment would simply 
consolidate the information for easier access in one location.
  Mr. Chairman, it is important that we increase awareness of all the 
available opportunities in STEM fields, and that is exactly what this 
amendment does. To that end, I would urge all my colleagues to vote 
``yes'' for the Reyes-Connolly amendment, and also ``yes'' on the final 
passage of this legislation.
  Your vote will go a long way in showing Americans that Congress is 
serious about making America more competitive now and in the future.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I rise to claim time in opposition 
to the amendment, although I do not intend to oppose it.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. HALL of Texas. I have no opposition or objection to this 
amendment.
  I reserve the balance of my time.
  Mr. REYES. Mr. Chairman, I yield such time as he may consume to Mr. 
Connolly of Virginia, the cosponsor of this amendment.
  Mr. CONNOLLY of Virginia. I thank my friend from Texas.
  Mr. Chair, let me start by thanking my colleagues for their 
leadership on this important legislation, both the chairman and the 
ranking member.
  As the co-chair of the Diversity and Innovation Caucus, my colleague 
from Texas has been a true champion for STEM education, particularly in 
our underrepresented communities. Chairman Gordon and the members of 
the Science and Technology Committee have certainly shown leadership on 
this issue as well.
  Our amendment builds upon that work by requiring the new STEM 
coordinating committee created in this legislation to work with each 
agency under its jurisdiction to promote more public awareness of 
career opportunities in the STEM fields, particularly within the 
Federal workforce. We have a hard time filling positions in the 
science, technology, and engineering and math fields, and I believe 
part of the trouble is that, one, people don't know that they are out 
there and, two, they don't realize that careers like this are available 
in public service. So clearly we can do better.
  Our amendment also calls for new outreach strategies to women, 
Latinos, African Americans, Native Americans, and other students from 
underrepresented communities in the Federal workforce. Even in minority 
majority school systems like Prince William County, and Fairfax County 
in my district, we are working especially hard to make sure enrollment 
in STEM programs reflects the diversity of our student body.
  Another key component of our amendment would require the STEM 
coordinating committee to create and maintain an online, searchable 
database of all federally funded STEM education programs that benefit 
students, teachers, and the general public.
  We are providing tremendous opportunity in the STEM fields, but more 
people need to know about them and be excited about them for it to be 
successful.
  Mr. Chairman, my experience in local government showed me that 
investments in education of our children attract families and jobs. The 
school and business communities in my district have made significant 
investments in our local STEM programs, whether it is Thomas Jefferson 
High School in Fairfax, whose tie I am wearing today, or the new 
Governor's School at Innovation Park in Prince William County.
  Those efforts are just one reason why at least nine Fortune 500 
companies have brought their headquarters to Northern Virginia and why 
the Commonwealth of Virginia has the highest concentration of 
technology-related jobs in the United States, half of them in northern 
Virginia.
  This bill will further support those local efforts and better 
position our region and our Nation to be a leader in the global 
economy.
  I join my colleague from Texas in urging our colleagues to support 
this important amendment.

[[Page 8033]]


  Mr. REYES. Mr. Chairman, I yield back the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Reyes).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. REYES. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


      Amendments En Bloc No. 2 Offered by Mr. Gordon of Tennessee

  Mr. GORDON of Tennessee. Mr. Chairman, I have amendments en bloc at 
the desk.
  The Acting CHAIR. The Clerk will designate the amendments en bloc.
  Amendments en bloc No. 2 offered by Mr. Gordon of Tennessee 
consisting of amendments numbered 14, 15, 16, 17, 22, 35, 42, 43, 49, 
23, 24, 46, 48, and 9 printed in part B of House Report 111-479:


     Amendment No. 14 Offered by Ms. Loretta Sanchez of California

  The text of the amendment is as follows:

       Page 131, line 6, redesignate paragraph (1) as paragraph 
     (2).
       Page 131, line 7, redesignate paragraph (2) as paragraph 
     (3).
       Page 131, line 9, redesignate paragraph (3) as paragraph 
     (4).
       Page 131, line 10, redesignate paragraph (4) as paragraph 
     (5).
       Page 131, line 12, redesignate paragraph (5) as paragraph 
     (6).
       Page 131, line 13, redesignate paragraph (6) as paragraph 
     (7).
       Page 131, after line 5, insert the following:
       (1) Elementary school and secondary school administrator 
     associations.

           Amendment No. 15 Offered by Mr. Bishop of New York

  The text of the amendment is as follows:

       Page 174, after line 13, insert the following:

     SEC. 412. 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.

           Amendment No. 16 Offered by Mr. Barrow of Georgia

  The text of the amendment is as follows:

       Page 58, line 16, strike ``and''.
       Page 58, line 22, strike the period and insert ``; and''.
       Page 58, after line 22, insert the following new 
     subparagraph:
       (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.

         Amendment No. 17 Offered by Mr. Carney of Pennsylvania

  The text of the amendment is as follows:

       Page 125, after line 23, insert the following new 
     subsection (and redesignate the subsequent subsections 
     accordingly):
       (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.

    Amendment No. 22 Offered by Ms. Herseth Sandlin of South Dakota

  The text of the amendment is as follows:

         Page 98, after line 4, insert the following new section:

     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.

        Amendment No. 35 Offered by Mr. Childers of Mississippi

  The text of the amendment is as follows:

       Page 174, after line 13, insert the following:

     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.

       Amendment No. 42 Offered by Mr. Kissell of North Carolina

  The text of the amendment is as follows:

       Page 182, after line 18, insert the following:
       ``(3) Limitation.--In charging and collecting fees under 
     paragraph (1), the Secretary shall take into consideration 
     the amount of the obligation.
       Page 183, after line 22, insert the following (and 
     redesignate subsequent paragraphs accordingly):
       ``(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;

            Amendment No. 43 Offered by Mr. Klein of Florida

  The text of the amendment is as follows:

       Page 166, after line 9, insert the following new 
     subsection:
       (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.''.

         Amendment No. 49 Offered by Mr. Perriello of Virginia

  The text of the amendment is as follows:

       Page 132, line 3, insert ``, including through the 
     interagency committee established under section 301,'' after 
     ``Federal agencies''.

           Amendment No. 23 Offered by Mr. Holt of New Jersey

  The text of the amendment is as follows:

       At the end of subtitle C of title I, insert the following:

     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 occuring in and the 
     competitiveness of the United States.

           Amendment No. 24 Offered by Mr. Holt of New Jersey

  The text of the amendment is as follows:

       Page 62, after line 2, insert the following new subsection:
       (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

[[Page 8034]]

     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.

            Amendment No. 46 Offered by Mr. Minnick of Idaho

  The text of the amendment is as follows:

       Page 132, line 7, strike ``and''.
       Page 132, line 12, strike the period and insert ``; and''.
       Page 132, after line 12, insert the following new 
     paragraph:
       (5) 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.

   Amendment No. 48 Offered by Mr. Patrick J. Murphy of Pennsylvania

  The text of the amendment is as follows:

       Page 138, line 5, strike ``and''.
       Page 138, line 9, strike the period at the end and insert 
     ``; and''.
       Page 138, after line 9, insert the following:
       (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.


        Amendment No. 9 Offered by Mr. Kanjorski of Pennsylvania

  The text of the amendment is as follows:

       Page 188, after line 25, insert the following:
       ``(H) Interacting with the public and State and local 
     governments to meet the goals of the cluster.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Tennessee (Mr. Gordon) and the gentleman from Texas (Mr. Hall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. GORDON of Tennessee. Mr. Chairman, this is a well-vetted and good 
amendment.
  I yield 2 minutes to the gentlelady from California (Ms. Loretta 
Sanchez).
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank the chairman 
for the time allotted. And what a wonderful bill, and I believe it is 
just going to really bring our whole Nation up.
  Today, we face so many mounting global challenges--international 
security, reviving the global economy, health, environment, wars going 
on--and American leadership in response to these challenges depends on 
national policies such as the legislation that we are debating today.
  The America COMPETES Act strengthens STEM education in order to 
prepare our future workforce to excel and to exceed in an international 
economy. Future generations' ability to address 21st century global 
matters efficiently and effectively will depend on their preparation 
and their responsiveness to international affairs.
  Today, our schools lack some of the tools necessary to enhance United 
States' competitiveness, essential to our economy and, really, to our 
international success. And so I firmly believe that our Nation's 
leadership role in innovation depends on the education we provide in 
today's classrooms. In fact, one of my top legislative priorities is 
H.R. 3359, the U.S. and World Education Act, that has many of the types 
of things that this bill has.
  To this end, the amendment that I am offering today would include the 
membership of elementary school and secondary school administrative 
associations to be part of the President's Advisory Committee on STEM 
Education. My amendment would add language to include the expertise of 
kindergarten through 12th grade school principals and administrators to 
the President's advisory committee created under section 302. The 
amendment will strengthen section 302 by ensuring the valuable 
contributions of those who are in our kindergarten through 12th grade 
system, those administering that, so they can bring back their ideas 
and tell us what is going on, because evidence suggests that kids lose 
interest in STEM in those grade levels. So I urge my colleagues to 
support this amendment.

                              {time}  1700

  Mr. HALL of Texas. Mr. Chair, I rise in opposition to the en bloc 
amendments before us, although I do not intend to oppose them. All 14 
of the amendments are noncontroversial and are generally supported.
  I do have some concern with the Carney amendment. I think while I'm 
supportive of trying to get students in rural areas more engaged in 
STEM activities, I just don't believe it's the role of NSF to perform 
outreach for an industry intern program, period. This amendment is part 
of a new and duplicative STEM Industry Internship program intended to 
marry local industry workforce educational needs with local college 
programing. There's a match associated with this grant, and I think 
almost any outreach to prospective students or interns should be 
performed by the participating industry and school with non-Federal 
money, not with taxpayer money. Therefore, while I will be opposing the 
Carney amendment, I do not plan to oppose the others in this group.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 3 minutes to a former 
administrator at Long Island College, the gentleman from New York (Mr. 
Bishop).
  Mr. BISHOP of New York. I thank the chairman for yielding.
  My amendment directs the National Institute of Standards and 
Technology to develop reference materials, standards, instruments, and 
measurement methods for nanomaterials and derived products. My 
amendment also calls on the NIST to compile data to help us understand 
how the properties of nanomaterials correlate with environmental, 
health, and safety risks. We stand on the precipice of a new wave of 
scientific and technological advancement through the development of 
nanotechnology or controlling matter on an atomic and molecular scale. 
Advancements in this field have the potential to create new materials 
and devices with a vast range of applications, such as medicine, 
electronics, and energy production. I am proud to represent Brookhaven 
National Laboratory, where many of these breakthroughs have been 
discovered. However, nanotechnology raises many of the same issues as 
with any introduction of new technology, including concerns about the 
toxicity and environmental impact of nanomaterials. My amendment would 
ensure that we closely monitor how this new technology affects our 
health and safety.
  Mr. Chairman, while we must do all we can to incentivize and nurture 
innovation and competitiveness, we must also balance and make 
consistent the commercialization of new technologies with our duty to 
protect and inform the public. My amendment, therefore, helps establish 
a commonsense roadmap for the development of nanotechnology standards. 
I urge my colleagues to support my amendment and the underlying bill.
  Let me also close by taking this opportunity to commend Chairman 
Gordon for his leadership on this issue and for a very distinguished 
career in Congress--a career that has reflected a firm commitment to 
American competitiveness.
  Mr. HALL of Texas. Mr. Chairman, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 2 minutes to the 
gentleman from Georgia (Mr. Barrow).
  Mr. BARROW. Mr. Chairman, I've spent a lot of time visiting 
businesses in my district, many of which are large manufacturers. I've 
been struck that even as our economy becomes more sophisticated, we 
still rely a great deal on our manufacturing base. That base is 
threatened by competition from abroad and by financial crisis at home. 
What has sustained us through the hard times lately has always been 
American innovation. The America COMPETES Act fosters that tradition 
and I'm proud to support it.
  I'm pleased to offer an amendment that I think makes this good bill a 
little bit better. In the 12th District of Georgia, we make everything 
from lawnmower blades to jet airplanes. But the fundamentals of both 
industries are very similar. It all starts with education in science, 
math, and engineering. My amendment simply requires that we include 
manufacturing education in our long-term strategic plan

[[Page 8035]]

for manufacturing research and development. I think that makes good 
common sense, and good business sense, and I thank the chairman for his 
support.
  Mr. HALL of Texas. Mr. Chairman, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 2 minutes to the 
gentleman from Pennsylvania (Mr. Altmire).
  Mr. ALTMIRE. Mr. Chairman, I rise in support of the America COMPETES 
Reauthorization Act of 2010, and I'm a proud cosponsor of this 
legislation to strengthen our Nation's global competitiveness. 
Foremost, this bill will create jobs. For example, it will give small- 
and medium-sized manufacturing companies pursuing cutting-edge 
technology access to capital. It will prepare the next generation of 
Americans for the jobs of tomorrow by improving science, technology, 
engineering, and math education. It will also keep our Nation on a path 
to doubling funding for scientific research in the next decade. I'm 
pleased to note that this bill also includes provisions to help women 
enter science, technology, engineering, and mathematics fields.
  Mr. Chairman, I have offered an amendment to this legislation with my 
good friend from Pennsylvania, Congressman Patrick Murphy, that is in 
the en bloc amendment before us. Our amendment would authorize 
competitive grants at the Department of Energy for colleges to provide 
degrees in energy-related fields. Colleges and universities would be 
able to use the funding for degrees and courses in engineering and 
energy systems science. Schools could also put the funding toward 
expanding current programs. And I'd like to point out that community 
colleges, of which my district has three, would also be eligible to 
compete for these grants.
  Finally, authorizing these grants will not cost the taxpayers one 
penny. Our amendment simply allows the Department of Energy to redirect 
some of its existing education funding towards this valuable new 
program.
  I urge support for the Murphy-Altmire provision and for the overall 
COMPETES Reauthorization Act.
  Mr. HALL of Texas. Mr. Chairman, I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, I yield 3 minutes to the 
gentleman from New Jersey (Mr. Holt).
  Mr. HOLT. Mr. Chair, I strongly support the robust investment in 
education, research, innovation, manufacturing, and other programs in 
the COMPETES Act. The amendment I'm offering would help stitch together 
these important initiatives by directing the White House Office of 
Science and Technology Policy to prepare a comprehensive national 
competitiveness and innovation strategy within 1 year.
  We know that half or perhaps more of the growth in our GDP over the 
past half century is attributable to our investments in research and 
technology. For decades, United States leadership in science, 
engineering, and innovation was unquestionable. But we can't pretend 
any more that this is a given. A year ago, the Information Technology 
and Innovation Foundation, using good methodology, found that among 40 
major nations or regions, the United States ranks not first, but sixth, 
in overall innovation and competitiveness. More importantly, over the 
last decade, every one of those 40 has improved their innovation 
capacity at a greater rate than we.
  The five nations ranked by ITIF as ``out-competing'' the United 
States already have national competitiveness or innovation strategies 
in place. Altogether, at least 30 countries with whom we might compare 
ourselves have implemented plans to boost their competitiveness. The 
United States has yet to put forward a similarly comprehensive roadmap 
for success. Of course, it's not a panacea. But we have the tools and 
resources to lead the world in science and technology. We can't remain 
complacent as other nations race to the top. We need to know what is 
working and what needs improvement. We need to understand how we can 
reallocate our resources to improve efficiency and productivity. We 
need to be able to measure whether our actions are having a positive 
effect. Businesses, schools, and governments need to know where we 
stand and need to be clear on where we're going.
  My amendment requires a comprehensive, coordinated national strategy 
for improving our economic competitiveness through innovation, and it 
ensures that we will continuously evaluate our progress in this area. 
Our competitors are doing it already. We should, too.
  I urge my colleagues to support this amendment and the underlying 
bill. This bill is a real testament to the good work of the fine chair 
of the Science Committee, Mr. Gordon. I thank him for the good work.
  Mr. HALL of Texas. Mr. Chairman, I yield back the balance of my time.
  Mr. GORDON of Tennessee. Mr. Chairman, we have no further speakers, 
so let me just conclude by saying that this is a good series of 
amendments. This makes a good bill even better.
  I yield back the balance of my time.
  The Acting CHAIR (Mr. Driehaus). The question is on the amendments en 
bloc offered by the gentleman from Tennessee (Mr. Gordon).
  The amendments en bloc were agreed to.


           Amendment No. 21 Offered by Mr. Gingrey of Georgia

  The Acting CHAIR. It is now in order to consider amendment No. 21 
printed in part B of House Report 111-479.
  Mr. GINGREY. Mr. Chairman, I have an amendment at the desk made in 
order by the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 21 offered by Mr. Gingrey of Georgia:
       Page 98, after line 4, insert the following new section:

     SEC. 229. 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.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Georgia (Mr. Gingrey) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. GINGREY of Georgia. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, the amendment that I am offering today stems from 
legislation, the Green Chemistry Research and Development Act, that has 
passed out of the House in each of the 108th, 109th, and 110th 
Congresses. Unfortunately, despite the strong bipartisan support that 
this legislation has garnered under suspension of the rules, this 
legislation has been stalled by our colleagues in the Senate. 
Therefore, in order to move this initiative forward, I am offering it 
as an amendment with my colleague from Vermont (Mr. Welch) to the 
National Science Foundation title of H.R. 5116. This amendment would 
establish a Green Chemistry Basic Research program to encourage 
universities and academic institutions around the country to train 
future workers in green chemistry technology.
  Mr. Chairman, as a graduate of Georgia Tech with a bachelor of 
science in chemistry, I know that chemists can design chemicals to be 
safe, just as they can design them to have other properties, like color 
and texture. As chemists design products and the processes by which 
these products are manufactured, they can and they should

[[Page 8036]]

factor in the possible creation of any hazardous byproducts.
  This technique of considering not only the process in which chemicals 
are produced but also the environment in which they are created is the 
basic definition of what we call green chemistry. It is the method of 
designing chemical products and processes that at the very least 
reduce, and at the very best, eliminate the use or generation of 
hazardous substances.
  Mr. Chairman, the basic idea is this. Preventing pollution and 
hazardous waste from the start of a design process is far preferable to 
cleaning up that pollution and waste at a later date. Green chemistry 
does not just help protect our environment, it also helps protect our 
workers. The conditions under which chemicals are created and used can 
present many risks to those who work on their production. I would urge 
all my colleagues to support this amendment.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. I claim time in opposition to the amendment, 
even though I am not in opposition to the amendment.
  The Acting CHAIR. Without objection, the gentleman is recognized for 
5 minutes.
  There was no objection.
  Mr. GORDON of Tennessee. Mr. Chairman, I rise in support of the 
amendment from my friend, the gentleman from Georgia (Mr. Gingrey).
  This amendment establishes a Green Chemistry Research program at the 
National Science Foundation. Dr. Gingrey has been an advocate for this 
both on the committee as well as now. I commend him for that. The 
emerging field of green chemistry will contribute significantly to our 
environmental sustainability while also driving innovation in the 
chemical industry sector. Green chemistry research will be instrumental 
in meeting the challenges of protecting human health and the 
environment, meeting our energy needs, enhancing the national security, 
and strengthening the economy. I urge my colleagues to support this 
amendment.
  I yield back the balance of my time.

                              {time}  1715

  Mr. GINGREY of Georgia. Mr. Chairman, may I ask how much time I have 
remaining.
  The Acting CHAIR. The gentleman from Georgia has 3 minutes remaining.
  Mr. GINGREY of Georgia. Mr. Chairman, I would now like to yield 2 
minutes to the gentleman from Texas (Mr. Hall), the ranking member.
  Mr. HALL of Texas. Mr. Chairman, I rise in support of Dr. Gingrey's 
amendment. This amendment would establish a green chemistry basic 
research and development program at the National Science Foundation, 
aimed at identifying scientific breakthroughs that could lead to clean, 
safe, and economical alternatives to chemical products. The Science and 
Technology Committee has supported funding for green chemistry research 
in a bipartisan manner for many years, and Dr. Gingrey has been the 
leader on this from day one. His amendment simply builds on those 
efforts. I thank him for offering this amendment and urge my colleagues 
to support it.
  Mr. GINGREY of Georgia. Mr. Chairman, I yield myself the balance of 
my time.
  Mr. Chairman, ultimately, I believe this amendment will help promote 
education through collaborative research partnerships among 
universities, and it will provide training tools for undergraduate and 
graduate students in green chemistry technology. I want to thank my 
colleague from the Energy and Commerce Committee, Mr. Welch, for his 
support and leadership on the issue, and I would also like to thank the 
American Chemical Society for its endorsement of this amendment.
  Last, but certainly not least, I would like to commend both Science 
Committee Chairman Bart Gordon and Ranking Member Hall on their 
leadership on green chemistry and their willingness to work with us on 
this particular amendment. An ounce of prevention is worth a pound of 
cure, and green chemistry promises a ton of pollution prevention. 
Again, Mr. Chairman, I urge all my colleagues to support this important 
amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Gingrey).
  The amendment was agreed to.


                Amendment No. 34 Offered by Mr. Boccieri

  The Acting CHAIR. It is now in order to consider amendment No. 26 
printed in part B of House Report 111-479.
  It is now in order to consider amendment No. 34 printed in part B of 
House Report 111-479.
  Mr. BOCCIERI. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 34 offered by Mr. Boccieri:
       Page 187, line 8, strike ``$50,000,000'' and insert 
     ``$100,000,000''.

  The Acting CHAIR. Pursuant to House Resolution 1344, the gentleman 
from Ohio (Mr. Boccieri) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. BOCCIERI. Mr. Chair, I yield myself as much time as I may 
consume.
  Mr. Chair, if you believe like I do that we need to be the producers 
of wealth, not just the movers of wealth, then you're going to like 
this amendment. If you believe, like I do, that we need to invest in 
the innovative spirit of America, then you're going to like this 
amendment. If you believe, like I do, that we need to be investing in 
our national defense and manufacturing in Ohio and across the Midwest, 
then you're going to like the amendment we have to offer.
  I rise today in support of the Boccieri-Schauer-Davis-Donnelly amend-
ment which will expand the Federal loan guarantees for innovative 
technologies in manufacturing from $50 million to $100 million. This 
amendment is an investment in our Nation's manufacturing base, the 
backbone of our economic recovery that will give additional funding for 
loans to embrace advances in technology, innovation and retool and 
rebuild so that we can compete on a global scale.
  Ninety-six percent of Ohio's exports come from the manufacturing of 
more than $84 billion worth of goods, yet manufacturers in my 
northeastern Ohio district have been hit disproportionately hard by 
this economic recession, and we need to do more to expand. Companies 
like Sandridge Food Corporation in Medina, Barbasol Shaving Cream plant 
in Ashland, and the new jobs at NuEarth Corporation in Alliance all 
need the resources and innovative spirit to move our economy down the 
field. We need to grow and create jobs not only in Ohio but across our 
country. This will be the impetus for leading us out of this recession. 
This amendment nearly authorizes $100 million to rebuild and retool our 
economy.
  At this time, Mr. Chair, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Chairman, I rise to claim time in opposition 
to the amendment.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. HALL of Texas. This amendment would double to $100 million 
annually the authorization levels of the new never-done-before loan 
guarantee program created in the bill. I have major concerns with this 
program as it stands, particularly because it's heavily redundant with 
existing loan guarantee programs, such as those at the Small Business 
Administration where small manufacturers can and do apply for support. 
Doubling the amount and doubling this spending on an unnecessary and 
redundant program is not good policy. Accordingly, I oppose the 
amendment.
  I reserve the balance of my time.
  Mr. BOCCIERI. Mr. Chair, I would inquire how much time I have left.
  The Acting CHAIR. The gentleman has 3\1/2\ minutes remaining.
  Mr. BOCCIERI. Thank you. I would like to yield 1 minute to the 
gentleman from Indiana (Mr. Donnelly).
  Mr. DONNELLY of Indiana. Mr. Chairman, manufacturing provides almost 
20 percent of Indiana's jobs, more than any other sector in the State. 
When I am back in my district, Hoosier manufacturers tell me they want 
to retool and reinvest in their facilities so

[[Page 8037]]

that we can better compete in America, so we can be the best in the 
world so that we can compete with our overseas competition, so that we 
can grow and put people back to work.
  However, I often hear from our manufacturers that the credit markets, 
which have been so tight, have made it very, very difficult to get a 
loan. This amendment helps those manufacturers to achieve that goal. 
CBO estimates that for every $1 we provide in loan guarantees, we can 
generate $6 in loans to manufacturers, meaning this amendment enables 
the Department of Commerce to generate $600 million in much-needed 
guaranteed loans to manufacturers who are seeking to innovate and put 
people back to work. That is why I support this.
  Mr. HALL of Texas. Mr. Chairman, I reserve the balance of my time.
  Mr. BOCCIERI. Mr. Chair, I yield myself 1 minute.
  I understand that the gentleman from Texas is rising in opposition to 
this amendment because he believes that it is unnecessary. But let me 
tell you what we're doing in Ohio. We have a community college that has 
worked closely with the local economy, making a bridge between the 
local innovation and investments and the research and development to 
create pipelines for jobs. Rolls-Royce Corporation just announced that 
they're moving their research for their fuel cells from Singapore to 
Stark County, Ohio. And they have a pipeline there. They're creating a 
curriculum based on science, technology, engineering, and mathematics. 
They need the resources, they need the tools to help innovate and move 
us out of this recession so we can end our dependence on foreign oil. 
This is a small example of how successful a program like this could be 
in our great State of Ohio.
  Mr. Chair, I yield 30 seconds to the distinguished gentleman from 
Tennessee (Mr. Gordon), the Chair of the committee.
  Mr. GORDON of Tennessee. First, let me compliment Mr. Boccieri and 
his partners for introducing this good amendment. I want to clear up a 
matter concerning the duplication, title 5, section 502, page 185 under 
``coordination and duplication'': ``To the maximum extent practical, 
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.''
  This is a good amendment that will label more small- and medium-sized 
manufacturers to take advantage of loan guarantee programs for 
innovation, technologies at the Department of Commerce which, in turn, 
will mean more jobs for Americans.
  Mr. HALL of Texas. I reserve the balance of my time.
  Mr. BOCCIERI. I would like to inquire how much time we have 
remaining, Mr. Chair.
  The Acting CHAIR. The gentleman has 1\1/4\ minutes remaining.
  Mr. BOCCIERI. I yield 1 minute to the gentleman from Michigan (Mr. 
Schauer).
  Mr. SCHAUER. Mr. Chair, in Michigan, gaining access to needed capital 
is hard to come by, and many Michigan businesses continue to be 
redlined for loans. In my district, there's a need for loan programs to 
help manufacturers, such as production engineering in Jackson, 
Michigan, to help them have the opportunity to gain access to capital, 
to help them move forward to retool their current manufacturing process 
with the newest technologies, to help make the high-quality components 
for the military, heavy truck, construction equipment and material 
handling equipment, industries that they are known for, and to help put 
them in a better position to be able to capture their share in the 
global economy.
  This amendment is about jobs that we need now. I ask for your support 
of the Boccieri-Schauer amendment.
  Mr. BOCCIERI. Mr. Chair, at this time I yield back the balance of my 
time.
  Mr. HALL of Texas. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Boccieri).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. HALL of Texas. Mr. Chair, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Ohio will be 
postponed.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in part B of House Report 
111-479 on which further proceedings were postponed, in the following 
order:
  Amendment No. 1 by Mr. Gordon of Tennessee;
  Amendment No. 6 by Mr. Hall of Texas;
  Amendment No. 10 by Mr. Markey of Massachusetts;
  Amendment No. 12 by Mr. George Miller of California;
  Amendment No. 13 by Mr. Reyes of Texas.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


           Amendment No. 1 Offered by Mr. Gordon of Tennessee

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Tennessee 
(Mr. Gordon) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 417, 
noes 6, not voting 13, as follows:

                             [Roll No. 262]

                               AYES--417

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)

[[Page 8038]]


     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--6

     Burgess
     Flake
     Lummis
     McClintock
     Nadler (NY)
     Paul

                             NOT VOTING--13

     Barrett (SC)
     Carney
     Cole
     Davis (AL)
     Garrett (NJ)
     Hoekstra
     Jackson Lee (TX)
     Moore (WI)
     Sherman
     Souder
     Stearns
     Wamp
     Waxman

                              {time}  1756

  Mr. RYAN of Wisconsin changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. STEARNS. Mr. Chair, on rollcall No. 262 I was unavoidably 
detained. Had I been present, I would have voted ``yes.''


              Amendment No. 6 Offered by Mr. Hall of Texas

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Texas (Mr. 
Hall) on which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 163, 
noes 258, not voting 15, as follows:

                             [Roll No. 263]

                               AYES--163

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Richardson
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Young (AK)
     Young (FL)

                               NOES--258

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Fortenberry
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Lee (NY)
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reichert
     Reyes
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--15

     Barrett (SC)
     Carney
     Cole
     Davis (AL)
     Garrett (NJ)
     Hoekstra
     Jackson Lee (TX)
     Lewis (GA)
     Lummis
     Moore (WI)
     Sessions
     Sherman
     Souder
     Wamp
     Watt


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). Members have 2 minutes remaining 
in this vote.

[[Page 8039]]



                              {time}  1804

  Mr. CLEAVER and Ms. WATERS changed their vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  (By unanimous consent, Mr. Reichert was allowed to speak out of 
order.)


       Moment of Silence Honoring Fallen Law Enforcement Officers

  Mr. REICHERT. Mr. Chairman, if I could have everyone's solemn 
attention, please.
  As many of you know, this week is Law Enforcement Memorial Week. As I 
said earlier in the year when we lost four police officers in one 
shooting in Washington State, it's a time when all of us should stop 
and recognize and realize what our law enforcement family does for us 
each and every day.
  Those Capitol Hill Police that are around us here in this building, 
outside these doors, the Washington, D.C., police officers who protect 
us to and from our place of work and to our homes and other places that 
we travel, we have a safe community as a result of men and women 
wanting to put themselves in harm's way and sometimes sacrificing their 
lives.
  I was one of those for 33 years. I am proud to say that. As a 
sheriff's deputy in 1972, finally as the sheriff before coming here to 
Congress, I am proud to be a part of the law enforcement family. We are 
brothers and sisters. And being a police officer, as my friend, the 
sheriff from Indiana, Sheriff Ellsworth, knows, it transcends 
everything. The cop world doesn't mean being Democrat or Republican. 
Being a cop doesn't mean I am a Catholic, I am a Lutheran, I am a 
Mormon. It doesn't mean any of those things. It means that we are men 
and women together as a family and a team, putting our lives on the 
line for people in this Nation every day.
  In this year, 126 police officers were killed in the line of duty. 
And in Washington State alone we lost seven. So I would join with my 
friend Sheriff Ellsworth, the two sheriffs in the House, in a moment of 
silence, and I would yield time to Sheriff Ellsworth.
  Mr. ELLSWORTH. Mr. Chairman, I would like to thank my friend Sheriff 
Reichert, and it's appropriate today to call him by the original title 
at this time, for yielding me that time. I would echo his comments. 
Everyone in this room interacts with the Capitol Police every day. I 
know I made a friend in one. He gave me a t-shirt that on the back 
says, ``You Elect Them, We Protect Them.'' And I wear that shirt 
proudly at home.
  But on this serious day during National Police Week, it's important 
to know in this House we talk a lot about our brave men and women in 
uniform that protect our country, and we normally talk about the 
members of the armed services, and that's absolutely appropriate. But 
during this week I think we need to also think about the men and women 
in uniform who are out patrolling our streets, not just the Capitol 
Police, but at home in all of our districts that are working right now 
directing traffic, taking drug dealers off the streets, protecting our 
wives, protecting our families, protecting our husbands, protecting our 
citizens, the people we represent. We should never forget them for 
their constant service, 24-7 service to us and all of our constituents.
  So today if we could honor them with a moment of silence, for those 
who did pay the ultimate price, that did give their lives in the line 
of duty, I would ask for that moment of silence from the House of 
Representatives.
  The Acting CHAIR. Members are asked to rise for a moment of silence 
in honor of our fallen law enforcement officers.


        Amendment No. 10 Offered by Mr. Markey of Massachusetts

  The Acting CHAIR. Without objection, 5-minute voting will continue.
  There was no objection.
  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from 
Massachusetts (Mr. Markey) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 254, 
noes 173, not voting 9, as follows:

                             [Roll No. 264]

                               AYES--254

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Carnahan
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peterson
     Pierluisi
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--173

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Cardoza
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Conaway
     Costa
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant

[[Page 8040]]


     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Peters
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--9

     Barrett (SC)
     Carney
     Cole
     Davis (AL)
     Garrett (NJ)
     Hoekstra
     Jackson Lee (TX)
     Souder
     Wamp


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining.

                              {time}  1817

  Mr. FORTENBERRY changed his vote from ``aye'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


      Amendment No. 12 Offered by Mr. George Miller of California

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from California 
(Mr. George Miller) on which further proceedings were postponed and on 
which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 250, 
noes 174, not voting 12, as follows:

                             [Roll No. 265]

                               AYES--250

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bordallo
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castor (FL)
     Chandler
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Faleomavaega
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Nadler (NY)
     Napolitano
     Neal (MA)
     Norton
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Peterson
     Pierluisi
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--174

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Baird
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Conaway
     Cooper
     Costa
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Dreier
     Duncan
     Edwards (TX)
     Ehlers
     Emerson
     Etheridge
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Mitchell
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--12

     Barrett (SC)
     Carney
     Cole
     Davis (AL)
     Franks (AZ)
     Hoekstra
     Jackson Lee (TX)
     Radanovich
     Sanchez, Loretta
     Souder
     Wamp
     Waters


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). Members have 2 minutes remaining 
in this vote.

                              {time}  1823

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 13 Offered by Mr. Reyes

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Texas (Mr. 
Reyes) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 413, 
noes 10, not voting 13, as follows:

                             [Roll No. 266]

                               AYES--413

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine

[[Page 8041]]


     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Deutch
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garamendi
     Garrett (NJ)
     Gerlach
     Giffords
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NOES--10

     Broun (GA)
     Burgess
     Flake
     Johnson, Sam
     McClintock
     Miller, Gary
     Rohrabacher
     Royce
     Sessions
     Young (AK)

                             NOT VOTING--13

     Barrett (SC)
     Carney
     Cole
     Davis (AL)
     Gingrey (GA)
     Hoekstra
     Jackson Lee (TX)
     Olver
     Radanovich
     Smith (NJ)
     Souder
     Wamp
     Waters


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). Members have 2 minutes remaining 
on this vote.

                              {time}  1831

  Mr. GRIFFITH changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. GORDON of Tennessee. Mr. Chairman, I move that the Committee do 
now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Garamendi) having assumed the chair, Mr. Driehaus, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 5116) to 
invest in innovation through research and development, to improve the 
competitiveness of the United States, and for other purposes, had come 
to no resolution thereon.

                          ____________________