[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[House]
[Pages 8536-8572]
[From the U.S. Government Publishing Office, www.gpo.gov]




              AMERICA COMPETES REAUTHORIZATION ACT OF 2010

  Mr. GORDON of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5325) to invest in innovation through research and 
development, to improve the competitiveness of the United States, and 
for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5325

       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.

[[Page 8537]]

                 TITLE I--SCIENCE AND TECHNOLOGY POLICY

       Subtitle A--National Nanotechnology Initiative Amendments

Sec. 101. Short title.
Sec. 102. National nanotechnology program amendments.
Sec. 103. Societal dimensions of nanotechnology.
Sec. 104. Technology transfer.
Sec. 105. Research in areas of national importance.
Sec. 106. Nanomanufacturing research.
Sec. 107. Definitions.

    Subtitle B--Networking and Information Technology Research and 
                              Development

Sec. 111. Short title.
Sec. 112. Program planning and coordination.
Sec. 113. Large-scale research in areas of national importance.
Sec. 114. Cyber-physical systems and information management.
Sec. 115. National Coordination Office.
Sec. 116. Improving networking and information technology education.
Sec. 117. Conforming and technical amendments.

                   Subtitle C--Other OSTP Provisions

Sec. 121. Federal scientific collections.
Sec. 122. Coordination of manufacturing research and development.
Sec. 123. Interagency public access committee.
Sec. 124. Fulfilling the potential of women in academic science and 
              engineering.
Sec. 125. National Competitiveness and Innovation Strategy.

                 TITLE II--NATIONAL SCIENCE FOUNDATION

Sec. 201. Short title.

                     Subtitle A--General Provisions

Sec. 211. Definitions.
Sec. 212. Authorization of appropriations.
Sec. 213. National Science Board administrative amendments.
Sec. 214. Broader impacts review criterion.
Sec. 215. National Center for Science and Engineering Statistics.
Sec. 216. Collection of data on demographics of faculty.

                  Subtitle B--Research and Innovation

Sec. 221. Support for potentially transformative research.
Sec. 222. Facilitating interdisciplinary collaborations for national 
              needs.
Sec. 223. National Science Foundation manufacturing research and 
              education.
Sec. 224. Strengthening institutional research partnerships.
Sec. 225. National Science Board report on mid-scale instrumentation.
Sec. 226. Sense of Congress on overall support for research 
              infrastructure at the Foundation.
Sec. 227. Partnerships for innovation.
Sec. 228. Prize awards.
Sec. 229. Green chemistry basic research.
Sec. 230. Collaboration in planning for stewardship of large-scale 
              facilities.

           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.
Sec. 256. Cyber-enabled learning for national challenges.
Sec. 257. Sense of Congress.

                       TITLE III--STEM EDUCATION

Sec. 301. Coordination of Federal STEM education.
Sec. 302. Advisory committee on STEM education.
Sec. 303. STEM education at the Department of Energy.
Sec. 304. Green energy education.
Sec. 305. National Academy of Sciences report on strengthening the 
              capacity of 2-year institutions of higher education to 
              provide STEM opportunities.
Sec. 306. Sense of Congress on engineering education.
Sec. 307. Sense of Congress on grant application consideration.
Sec. 308. Encouraging Federal scientists and engineers to participate 
              in STEM education.

        TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Sec. 401. Short title.
Sec. 402. Authorization of appropriations.
Sec. 403. Under Secretary of Commerce for Standards and Technology.
Sec. 404. Reorganization of NIST laboratories.
Sec. 405. Federal Government standards and conformity assessment 
              coordination.
Sec. 406. Manufacturing extension partnership.
Sec. 407. Emergency communication and tracking technologies research 
              initiative.
Sec. 408. TIP Advisory Board.
Sec. 409. Underrepresented minorities.
Sec. 410. Cyber security standards and guidelines.
Sec. 411. Disaster resilient buildings and infrastructure.
Sec. 412. Definitions.
Sec. 413. Report on the use of modeling and simulation.
Sec. 414. Green manufacturing and construction.
Sec. 415. Nanomaterial initiative.
Sec. 416. Manufacturing research.

                          TITLE V--INNOVATION

Sec. 501. Office of Innovation and Entrepreneurship.
Sec. 502. Federal loan guarantees for innovative technologies in 
              manufacturing.
Sec. 503. Regional innovation program.
Sec. 504. Clean Energy Consortium.

                     TITLE VI--DEPARTMENT OF ENERGY

                     Subtitle A--Office of Science

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Mission of the Office of Science.
Sec. 604. Basic Energy Sciences Program.
Sec. 605. Biological and Environmental Research Program.
Sec. 606. Advanced Scientific Computing Research Program.
Sec. 607. Fusion energy research program.
Sec. 608. High Energy Physics Program.
Sec. 609. Nuclear Physics Program.
Sec. 610. Science Laboratories Infrastructure Program.
Sec. 611. Authorization of appropriations.

         Subtitle B--Advanced Research Projects Agency--Energy

Sec. 621. Short title.
Sec. 622. ARPA-E amendments.

                   Subtitle C--Energy Innovation Hubs

Sec. 631. Short title.
Sec. 632. Energy Innovation Hubs.

         Subtitle D--Cooperative Research and Development Fund

Sec. 641. Short title.
Sec. 642. Cooperative research and development fund.

                Subtitle E--Technology Transfer Database

Sec. 651. Technology transfer database.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Sense of Congress.
Sec. 702. Persons with disabilities.
Sec. 703. Veterans and service members.
Sec. 704. Budgetary effects.
Sec. 705. Limitation on employment and receipt of funds.
Sec. 706. Prohibition on lobbying.
Sec. 707. Information requests by labor organizations.
Sec. 708. Limitation on use of funds.
Sec. 709. No salaries for viewing pornography.

                 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--

[[Page 8538]]

       (A) in subsection (d)--
       (i) by redesignating paragraphs (1) through (5) as 
     paragraphs (2) through (6), respectively; and
       (ii) by inserting the following new paragraph before 
     paragraph (2), as so redesignated by clause (i) of this 
     subparagraph:
       ``(1) the Program budget, for the previous fiscal year, for 
     each agency that participates in the Program, including a 
     breakout of spending for the development and acquisition of 
     research facilities and instrumentation, for each program 
     component area, and for all activities pursuant to subsection 
     (b)(10);''; and
       (B) by inserting at the end the following new subsection:
       ``(e) Standards Setting.--The agencies participating in the 
     Program shall support the activities of committees involved 
     in the development of standards for nanotechnology and may 
     reimburse the travel costs of scientists and engineers who 
     participate in activities of such committees.'';
       (3) by striking section 3(b) and inserting the following 
     new subsection:
       ``(b) Funding.--(1) The operation of the National 
     Nanotechnology Coordination Office shall be supported by 
     funds from each agency participating in the Program. The 
     portion of such Office's total budget provided by each agency 
     for each fiscal year shall be in the same proportion as the 
     agency's share of the total budget for the Program for the 
     previous fiscal year, as specified in the report required 
     under section 2(d)(1).
       ``(2) The annual report under section 2(d) shall include--
       ``(A) a description of the funding required by the National 
     Nanotechnology Coordination Office to perform the functions 
     specified under subsection (a) for the next fiscal year by 
     category of activity, including the funding required to carry 
     out the requirements of section 2(b)(10)(D), subsection (d) 
     of this section, and section 5;
       ``(B) a description of the funding required by such Office 
     to perform the functions specified under subsection (a) for 
     the current fiscal year by category of activity, including 
     the funding required to carry out the requirements of 
     subsection (d); and
       ``(C) the amount of funding provided for such Office for 
     the current fiscal year by each agency participating in the 
     Program.'';
       (4) by inserting at the end of section 3 the following new 
     subsection:
       ``(d) Public Information.--(1) The National Nanotechnology 
     Coordination Office shall develop and maintain a database 
     accessible by the public of projects funded under the 
     Environmental, Health, and Safety, the Education and Societal 
     Dimensions, and the Nanomanufacturing program component 
     areas, or any successor program component areas, including a 
     description of each project, its source of funding by agency, 
     and its funding history. For the Environmental, Health, and 
     Safety program component area, or any successor program 
     component area, projects shall be grouped by major objective 
     as defined by the research plan required under section 103(b) 
     of the National Nanotechnology Initiative Amendments Act of 
     2010. For the Education and Societal Dimensions program 
     component area, or any successor program component area, the 
     projects shall be grouped in subcategories of--
       ``(A) education in formal settings;
       ``(B) education in informal settings;
       ``(C) public outreach; and
       ``(D) ethical, legal, and other societal issues.
       ``(2) The National Nanotechnology Coordination Office shall 
     develop, maintain, and publicize information on 
     nanotechnology facilities supported under the Program, and 
     may include information on nanotechnology facilities 
     supported by the States, that are accessible for use by 
     individuals from academic institutions and from industry. The 
     information shall include at a minimum the terms and 
     conditions for the use of each facility, a description of the 
     capabilities of the instruments and equipment available for 
     use at the facility, and a description of the technical 
     support available to assist users of the facility.'';
       (5) in section 4(a)--
       (A) by striking ``or designate'';
       (B) by inserting ``as a distinct entity'' after ``Advisory 
     Panel''; and
       (C) by inserting at the end ``The Advisory Panel shall form 
     a subpanel with membership having specific qualifications 
     tailored to enable it to carry out the requirements of 
     subsection (c)(7).'';
       (6) in section 4(b)--
       (A) by striking ``or designated'' and ``or designating''; 
     and
       (B) by adding at the end the following: ``At least one 
     member of the Advisory Panel shall be an individual employed 
     by and representing a minority-serving institution.'';
       (7) by amending section 5 to read as follows:

     ``SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE NATIONAL 
                   NANOTECHNOLOGY PROGRAM.

       ``(a) In General.--The Director of the National 
     Nanotechnology Coordination Office shall enter into an 
     arrangement with the National Research Council of the 
     National Academy of Sciences to conduct a triennial review of 
     the Program. The Director shall ensure that the arrangement 
     with the National Research Council is concluded in order to 
     allow sufficient time for the reporting requirements of 
     subsection (b) to be satisfied. Each triennial review shall 
     include an evaluation of the--
       ``(1) research priorities and technical content of the 
     Program, including whether the allocation of funding among 
     program component areas, as designated according to section 
     2(c)(2), is appropriate;
       ``(2) effectiveness of the Program's management and 
     coordination across agencies and disciplines, including an 
     assessment of the effectiveness of the National 
     Nanotechnology Coordination Office;
       ``(3) Program's scientific and technological 
     accomplishments and its success in transferring technology to 
     the private sector; and
       ``(4) adequacy of the Program's activities addressing 
     ethical, legal, environmental, and other appropriate societal 
     concerns, including human health concerns.
       ``(b) Evaluation To Be Transmitted to Congress.--The 
     National Research Council shall document the results of each 
     triennial review carried out in accordance with subsection 
     (a) in a report that includes any recommendations for ways to 
     improve the Program's management and coordination processes 
     and for changes to the Program's objectives, funding 
     priorities, and technical content. Each report shall be 
     submitted to the Director of the National Nanotechnology 
     Coordination Office, who shall transmit it to the Advisory 
     Panel, the Committee on Commerce, Science, and Transportation 
     of the Senate, and the Committee on Science and Technology of 
     the House of Representatives not later than September 30 of 
     every third year, with the first report due September 30, 
     2010.
       ``(c) Funding.--Of the amounts provided in accordance with 
     section 3(b)(1), the following amounts shall be available to 
     carry out this section:
       ``(1) $500,000 for fiscal year 2010.
       ``(2) $500,000 for fiscal year 2011.
       ``(3) $500,000 for fiscal year 2012.''; and
       (8) in section 10--
       (A) by amending paragraph (2) to read as follows:
       ``(2) Nanotechnology.--The term `nanotechnology' means the 
     science and technology that will enable one to understand, 
     measure, manipulate, and manufacture at the nanoscale, aimed 
     at creating materials, devices, and systems with 
     fundamentally new properties or functions.''; and
       (B) by adding at the end the following new paragraph:
       ``(7) Nanoscale.--The term `nanoscale' means one or more 
     dimensions of between approximately 1 and 100 nanometers.''.

     SEC. 103. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY.

       (a) Coordinator for Societal Dimensions of 
     Nanotechnology.--The Director of the Office of Science and 
     Technology Policy shall designate an associate director of 
     the Office of Science and Technology Policy as the 
     Coordinator for Societal Dimensions of Nanotechnology. The 
     Coordinator shall be responsible for oversight of the 
     coordination, planning, and budget prioritization of 
     activities required by section 2(b)(10) of the 21st Century 
     Nanotechnology Research and Development Act (15 U.S.C. 
     7501(b)(10)). The Coordinator shall, with the assistance of 
     appropriate senior officials of the agencies funding 
     activities within the Environmental, Health, and Safety and 
     the Education and Societal Dimensions program component areas 
     of the Program, or any successor program component areas, 
     ensure that the requirements of such section 2(b)(10) are 
     satisfied. The responsibilities of the Coordinator shall 
     include--
       (1) ensuring that a research plan for the environmental, 
     health, and safety research activities required under 
     subsection (b) is developed, updated, and implemented and 
     that the plan is responsive to the recommendations of the 
     subpanel of the Advisory Panel established under section 4(a) 
     of the 21st Century Nanotechnology Research and Development 
     Act (15 U.S.C. 7503(a)), as amended by this subtitle;
       (2) encouraging and monitoring the efforts of the agencies 
     participating in the Program to allocate the level of 
     resources and management attention necessary to ensure that 
     the ethical, legal, environmental, and other appropriate 
     societal concerns related to nanotechnology, including human 
     health concerns, are addressed under the Program, including 
     the implementation of the research plan described in 
     subsection (b); and
       (3) encouraging the agencies required to develop the 
     research plan under subsection (b) to identify, assess, and 
     implement suitable mechanisms for the establishment of 
     public-private partnerships for support of environmental, 
     health, and safety research.
       (b) Research Plan.--
       (1) In general.--The Coordinator for Societal Dimensions of 
     Nanotechnology shall convene and chair a panel comprised of 
     representatives from the agencies funding research activities 
     under the Environmental, Health, and Safety program component 
     area of the Program, or any successor program component area, 
     and from such other agencies as the Coordinator considers 
     necessary to develop, periodically update, and coordinate the 
     implementation of a research plan for this program component 
     area. In developing and updating the plan, the panel convened 
     by the Coordinator shall solicit and be

[[Page 8539]]

     responsive to recommendations and advice from--
       (A) the subpanel of the Advisory Panel established under 
     section 4(a) of the 21st Century Nanotechnology Research and 
     Development Act (15 U.S.C. 7503(a)), as amended by this 
     subtitle; and
       (B) the agencies responsible for environmental, health, and 
     safety regulations associated with the production, use, and 
     disposal of nanoscale materials and products.
       (2) Development of standards.--The plan required under 
     paragraph (1) shall include a description of how the Program 
     will help to ensure the development of--
       (A) standards related to nomenclature associated with 
     engineered nanoscale materials;
       (B) engineered nanoscale standard reference materials for 
     environmental, health, and safety testing; and
       (C) standards related to methods and procedures for 
     detecting, measuring, monitoring, sampling, and testing 
     engineered nanoscale materials for environmental, health, and 
     safety impacts.
       (3) Components of plan.--The plan required under paragraph 
     (1) shall, with respect to activities described in paragraphs 
     (1) and (2)--
       (A) specify near-term research objectives and long-term 
     research objectives;
       (B) specify milestones associated with each near-term 
     objective and the estimated time and resources required to 
     reach each milestone;
       (C) with respect to subparagraphs (A) and (B), describe the 
     role of each agency carrying out or sponsoring research in 
     order to meet the objectives specified under subparagraph (A) 
     and to achieve the milestones specified under subparagraph 
     (B);
       (D) specify the funding allocated to each major objective 
     of the plan and the source of funding by agency for the 
     current fiscal year; and
       (E) estimate the funding required for each major objective 
     of the plan and the source of funding by agency for the 
     following 3 fiscal years.
       (4) Transmittal to congress.--The plan required under 
     paragraph (1) shall be submitted not later than 60 days after 
     the date of enactment of this Act to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Science and Technology of the House of 
     Representatives.
       (5) Updating and appending to report.--The plan required 
     under paragraph (1) shall be updated annually and appended to 
     the report required under section 2(d) of the 21st Century 
     Nanotechnology Research and Development Act (15 U.S.C. 
     7501(d)).
       (c) Nanotechnology Partnerships.--
       (1) Establishment.--As part of the program authorized by 
     section 9 of the National Science Foundation Authorization 
     Act of 2002, the Director of the National Science Foundation 
     shall provide 1 or more grants to establish partnerships as 
     defined by subsection (a)(2) of that section, except that 
     each such partnership shall include 1 or more businesses 
     engaged in the production of nanoscale materials, products, 
     or devices. Partnerships established in accordance with this 
     subsection shall be designated as ``Nanotechnology Education 
     Partnerships''.
       (2) Purpose.--Nanotechnology Education Partnerships shall 
     be designed to recruit and help prepare secondary school 
     students to pursue postsecondary level courses of instruction 
     in nanotechnology. At a minimum, grants shall be used to 
     support--
       (A) professional development activities to enable secondary 
     school teachers to use curricular materials incorporating 
     nanotechnology and to inform teachers about career 
     possibilities for students in nanotechnology;
       (B) enrichment programs for students, including access to 
     nanotechnology facilities and equipment at partner 
     institutions, to increase their understanding of nanoscale 
     science and technology and to inform them about career 
     possibilities in nanotechnology as scientists, engineers, and 
     technicians; and
       (C) identification of appropriate nanotechnology 
     educational materials and incorporation of nanotechnology 
     into the curriculum for secondary school students at one or 
     more organizations participating in a Partnership.
       (3) Selection.--Grants under this subsection shall be 
     awarded in accordance with subsection (b) of such section 9, 
     except that paragraph (3)(B) of that subsection shall not 
     apply.
       (d) Undergraduate Education Programs.--
       (1) Activities supported.--As part of the activities 
     included under the Education and Societal Dimensions program 
     component area, or any successor program component area, the 
     Program shall support efforts to introduce nanoscale science, 
     engineering, and technology into undergraduate science and 
     engineering education through a variety of interdisciplinary 
     approaches. Activities supported may include--
       (A) development of courses of instruction or modules to 
     existing courses;
       (B) faculty professional development; and
       (C) acquisition of equipment and instrumentation suitable 
     for undergraduate education and research in nanotechnology.
       (2) Course, curriculum, and laboratory improvement 
     authorization.--There are authorized to be appropriated to 
     the Director of the National Science Foundation to carry out 
     activities described in paragraph (1) through the Course, 
     Curriculum, and Laboratory Improvement program from amounts 
     authorized under section 7002(c)(2)(B) of the America 
     COMPETES Act, $5,000,000 for fiscal year 2010.
       (3) Advanced technology education authorization.--There are 
     authorized to be appropriated to the Director of the National 
     Science Foundation to carry out activities described in 
     paragraph (1) through the Advanced Technology Education 
     program from amounts authorized under section 7002(c)(2)(B) 
     of the America COMPETES Act, $5,000,000 for fiscal year 2010.
       (e) Interagency Working Group.--The National Science and 
     Technology Council shall establish under the Nanoscale 
     Science, Engineering, and Technology Subcommittee an 
     Education Working Group to coordinate, prioritize, and plan 
     the educational activities supported under the Program.
       (f) Societal Dimensions in Nanotechnology Education 
     Activities.--Activities supported under the Education and 
     Societal Dimensions program component area, or any successor 
     program component area, that involve informal, precollege, or 
     undergraduate nanotechnology education shall include 
     education regarding the environmental, health and safety, and 
     other societal aspects of nanotechnology.
       (g) Remote Access to Nanotechnology Facilities.--(1) 
     Agencies supporting nanotechnology research facilities as 
     part of the Program shall require the entities that operate 
     such facilities to allow access via the Internet, and support 
     the costs associated with the provision of such access, by 
     secondary school students and teachers, to instruments and 
     equipment within such facilities for educational purposes. 
     The agencies may waive this requirement for cases when 
     particular facilities would be inappropriate for educational 
     purposes or the costs for providing such access would be 
     prohibitive.
       (2) The agencies identified in paragraph (1) shall require 
     the entities that operate such nanotechnology research 
     facilities to establish and publish procedures, guidelines, 
     and conditions for the submission and approval of 
     applications for the use of the facilities for the purpose 
     identified in paragraph (1) and shall authorize personnel who 
     operate the facilities to provide necessary technical support 
     to students and teachers.

     SEC. 104. TECHNOLOGY TRANSFER.

       (a) Prototyping.--
       (1) Access to facilities.--In accordance with section 
     2(b)(7) of 21st Century Nanotechnology Research and 
     Development Act (15 U.S.C. 7501(b)(7)), the agencies 
     supporting nanotechnology research facilities as part of the 
     Program shall provide access to such facilities to companies 
     for the purpose of assisting the companies in the development 
     of prototypes of nanoscale products, devices, or processes 
     (or products, devices, or processes enabled by 
     nanotechnology) for determining proof of concept. The 
     agencies shall publicize the availability of these facilities 
     and encourage their use by companies as provided for in this 
     section.
       (2) Procedures.--The agencies identified in paragraph (1)--
       (A) shall establish and publish procedures, guidelines, and 
     conditions for the submission and approval of applications 
     for use of nanotechnology facilities;
       (B) shall publish descriptions of the capabilities of 
     facilities available for use under this subsection, including 
     the availability of technical support; and
       (C) may waive recovery, require full recovery, or require 
     partial recovery of the costs associated with use of the 
     facilities for projects under this subsection.
       (3) Selection and criteria.--In cases when less than full 
     cost recovery is required pursuant to paragraph (2)(C), 
     projects provided access to nanotechnology facilities in 
     accordance with this subsection shall be selected through a 
     competitive, merit-based process, and the criteria for the 
     selection of such projects shall include at a minimum--
       (A) the readiness of the project for technology 
     demonstration;
       (B) evidence of a commitment by the applicant for further 
     development of the project to full commercialization if the 
     proof of concept is established by the prototype; and
       (C) evidence of the potential for further funding from 
     private sector sources following the successful demonstration 
     of proof of concept.

     The agencies may give special consideration in selecting 
     projects to applications that are relevant to important 
     national needs or requirements.
       (b) Use of Existing Technology Transfer Programs.--
       (1) Participating agencies.--Each agency participating in 
     the Program shall--
       (A) encourage the submission of applications for support of 
     nanotechnology related projects to the Small Business 
     Innovation Research Program and the Small Business Technology 
     Transfer Program administered by such agencies; and
       (B) through the National Nanotechnology Coordination Office 
     and within 6 months after the date of enactment of this Act, 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate

[[Page 8540]]

     and the Committee on Science and Technology of the House of 
     Representatives--
       (i) the plan described in section 2(c)(7) of the 21st 
     Century Nanotechnology Research and Development Act (15 
     U.S.C. 7501(c)(7)); and
       (ii) a report specifying, if the agency administers a Small 
     Business Innovation Research Program and a Small Business 
     Technology Transfer Program--

       (I) the number of proposals received for nanotechnology 
     related projects during the current fiscal year and the 
     previous 2 fiscal years;
       (II) the number of such proposals funded in each year;
       (III) the total number of nanotechnology related projects 
     funded and the amount of funding provided for fiscal year 
     2004 through fiscal year 2008; and
       (IV) a description of the projects identified in accordance 
     with subclause (III) which received private sector funding 
     beyond the period of phase II support.

       (2) National institute of standards and technology.--The 
     Director of the National Institute of Standards and 
     Technology in carrying out the requirements of section 28 of 
     the National Institute of Standards and Technology Act (15 
     U.S.C. 278n) shall--
       (A) in regard to subsection (d) of that section, encourage 
     the submission of proposals for support of nanotechnology 
     related projects; and
       (B) in regard to subsection (g) of that section, include a 
     description of how the requirement of subparagraph (A) of 
     this paragraph is being met, the number of proposals for 
     nanotechnology related projects received, the number of such 
     proposals funded, the total number of such projects funded 
     since the beginning of the Technology Innovation Program, and 
     the outcomes of such funded projects in terms of the metrics 
     developed in accordance with such subsection (g).
       (3) TIP advisory board.--The TIP Advisory Board established 
     under section 28(k) of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278n(k)), in carrying out its 
     responsibilities under subsection (k)(3), shall provide the 
     Director of the National Institute of Standards and 
     Technology with--
       (A) advice on how to accomplish the requirement of 
     paragraph (2)(A) of this subsection; and
       (B) an assessment of the adequacy of the allocation of 
     resources for nanotechnology related projects supported under 
     the Technology Innovation Program.
       (c) Industry Liaison Groups.--An objective of the Program 
     shall be to establish industry liaison groups for all 
     industry sectors that would benefit from applications of 
     nanotechnology. The Nanomanufacturing, Industry Liaison, and 
     Innovation Working Group of the National Science and 
     Technology Council shall actively pursue establishing such 
     liaison groups.
       (d) Coordination With State Initiatives.--Section 2(b)(5) 
     of the 21st Century Nanotechnology Research and Development 
     Act (15 U.S.C. 7501(b)(5)) is amended to read as follows:
       ``(5) ensuring United States global leadership in the 
     development and application of nanotechnology, including 
     through coordination and leveraging Federal investments with 
     nanotechnology research, development, and technology 
     transition initiatives supported by the States;''.

     SEC. 105. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

       (a) In General.--The Program shall include support for 
     nanotechnology research and development activities directed 
     toward application areas that have the potential for 
     significant contributions to national economic 
     competitiveness and for other significant societal benefits. 
     The activities supported shall be designed to advance the 
     development of research discoveries by demonstrating 
     technical solutions to important problems in such areas as 
     nano-electronics, energy efficiency, health care, and water 
     remediation and purification. The Advisory Panel shall make 
     recommendations to the Program for candidate research and 
     development areas for support under this section.
       (b) Characteristics.--
       (1) In general.--Research and development activities under 
     this section shall--
       (A) include projects selected on the basis of applications 
     for support through a competitive, merit-based process;
       (B) involve collaborations among researchers in academic 
     institutions and industry, and may involve nonprofit research 
     institutions and Federal laboratories, as appropriate;
       (C) when possible, leverage Federal investments through 
     collaboration with related State initiatives; and
       (D) include a plan for fostering the transfer of research 
     discoveries and the results of technology demonstration 
     activities to industry for commercial development.
       (2) Procedures.--Determination of the requirements for 
     applications under this subsection, review and selection of 
     applications for support, and subsequent funding of projects 
     shall be carried out by a collaboration of no fewer than 2 
     agencies participating in the Program. In selecting 
     applications for support, the agencies shall give special 
     consideration to projects that include cost sharing from non-
     Federal sources.
       (3) Interdisciplinary research centers.--Research and 
     development activities under this section may be supported 
     through interdisciplinary nanotechnology research centers, as 
     authorized by section 2(b)(4) of the 21st Century 
     Nanotechnology Research and Development Act (15 U.S.C. 
     7501(b)(4)), that are organized to investigate basic research 
     questions and carry out technology demonstration activities 
     in areas such as those identified in subsection (a).
       (c) Report.--Reports required under section 2(d) of the 
     21st Century Nanotechnology Research and Development Act (15 
     U.S.C. 7501(d)) shall include a description of research and 
     development areas supported in accordance with this section, 
     including the same budget information as is required for 
     program component areas under paragraphs (1) and (2) of such 
     section 2(d).

     SEC. 106. NANOMANUFACTURING RESEARCH.

       (a) Research Areas.--The Nanomanufacturing program 
     component area, or any successor program component area, 
     shall include research on--
       (1) development of instrumentation and tools required for 
     the rapid characterization of nanoscale materials and for 
     monitoring of nanoscale manufacturing processes; and
       (2) approaches and techniques for scaling the synthesis of 
     new nanoscale materials to achieve industrial-level 
     production rates.
       (b) Green Nanotechnology.--Interdisciplinary research 
     centers supported under the Program in accordance with 
     section 2(b)(4) of the 21st Century Nanotechnology Research 
     and Development Act (15 U.S.C. 7501(b)(4)) that are focused 
     on nanomanufacturing research and centers established under 
     the authority of section 105(b)(3) of this subtitle shall 
     include as part of the activities of such centers--
       (1) research on methods and approaches to develop 
     environmentally benign nanoscale products and nanoscale 
     manufacturing processes, taking into consideration relevant 
     findings and results of research supported under the 
     Environmental, Health, and Safety program component area, or 
     any successor program component area;
       (2) fostering the transfer of the results of such research 
     to industry; and
       (3) providing for the education of scientists and engineers 
     through interdisciplinary studies in the principles and 
     techniques for the design and development of environmentally 
     benign nanoscale products and processes.
       (c) Review of Nanomanufacturing Research and Research 
     Facilities.--
       (1) Public meeting.--Not later than 12 months after the 
     date of enactment of this Act, the National Nanotechnology 
     Coordination Office shall sponsor a public meeting, including 
     representation from a wide range of industries engaged in 
     nanoscale manufacturing, to--
       (A) obtain the views of participants at the meeting on--
       (i) the relevance and value of the research being carried 
     out under the Nanomanufacturing program component area of the 
     Program, or any successor program component area; and
       (ii) whether the capabilities of nanotechnology research 
     facilities supported under the Program are adequate--

       (I) to meet current and near-term requirements for the 
     fabrication and characterization of nanoscale devices and 
     systems; and
       (II) to provide access to and use of instrumentation and 
     equipment at the facilities, by means of networking 
     technology, to individuals who are at locations remote from 
     the facilities; and

       (B) receive any recommendations on ways to strengthen the 
     research portfolio supported under the Nanomanufacturing 
     program component area, or any successor program component 
     area, and on improving the capabilities of nanotechnology 
     research facilities supported under the Program.

     Companies participating in industry liaison groups shall be 
     invited to participate in the meeting. The Coordination 
     Office shall prepare a report documenting the findings and 
     recommendations resulting from the meeting.
       (2) Advisory panel review.--The Advisory Panel shall review 
     the Nanomanufacturing program component area of the Program, 
     or any successor program component area, and the capabilities 
     of nanotechnology research facilities supported under the 
     Program to assess--
       (A) whether the funding for the Nanomanufacturing program 
     component area, or any successor program component area, is 
     adequate and receiving appropriate priority within the 
     overall resources available for the Program;
       (B) the relevance of the research being supported to the 
     identified needs and requirements of industry;
       (C) whether the capabilities of nanotechnology research 
     facilities supported under the Program are adequate--
       (i) to meet current and near-term requirements for the 
     fabrication and characterization of nanoscale devices and 
     systems; and
       (ii) to provide access to and use of instrumentation and 
     equipment at the facilities, by means of networking 
     technology, to individuals who are at locations remote from 
     the facilities; and

[[Page 8541]]

       (D) the level of funding that would be needed to support--
       (i) the acquisition of instrumentation, equipment, and 
     networking technology sufficient to provide the capabilities 
     at nanotechnology research facilities described in 
     subparagraph (C); and
       (ii) the operation and maintenance of such facilities.

     In carrying out its assessment, the Advisory Panel shall take 
     into consideration the findings and recommendations from the 
     report required under paragraph (1).
       (3) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Advisory Panel shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science and Technology of the 
     House of Representatives a report on its assessment required 
     under paragraph (2), along with any recommendations and a 
     copy of the report prepared in accordance with paragraph (1).

     SEC. 107. DEFINITIONS.

       In this subtitle, terms that are defined in section 10 of 
     the 21st Century Nanotechnology Research and Development Act 
     (15 U.S.C. 7509) have the meaning given those terms in that 
     section.

    Subtitle B--Networking and Information Technology Research and 
                              Development

     SEC. 111. SHORT TITLE.

       This subtitle may be cited as the ``Networking and 
     Information Technology Research and Development Act of 
     2010''.

     SEC. 112. PROGRAM PLANNING AND COORDINATION.

       (a) Periodic Reviews.--Section 101 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511) is amended by adding 
     at the end the following new subsection:
       ``(d) Periodic Reviews.--The agencies identified in 
     subsection (a)(3)(B) shall--
       ``(1) periodically assess the contents and funding levels 
     of the Program Component Areas and restructure the Program 
     when warranted, taking into consideration any relevant 
     recommendations of the advisory committee established under 
     subsection (b); and
       ``(2) ensure that the Program includes large-scale, long-
     term, interdisciplinary research and development activities, 
     including activities described in section 104.''.
       (b) Development of Strategic Plan.--Section 101 of such Act 
     (15 U.S.C. 5511) is amended further by adding after 
     subsection (d), as added by subsection (a) of this section, 
     the following new subsection:
       ``(e) Strategic Plan.--
       ``(1) In general.--The agencies identified in subsection 
     (a)(3)(B), working through the National Science and 
     Technology Council and with the assistance of the National 
     Coordination Office established under section 102, shall 
     develop, within 12 months after the date of enactment of the 
     Networking and Information Technology Research and 
     Development Act of 2010, and update every 3 years thereafter, 
     a 5-year strategic plan to guide the activities described 
     under subsection (a)(1).
       ``(2) Contents.--The strategic plan shall specify near-term 
     and long-term objectives for the Program, the anticipated 
     time frame for achieving the near-term objectives, the 
     metrics to be used for assessing progress toward the 
     objectives, and how the Program will--
       ``(A) foster the transfer of research and development 
     results into new technologies and applications for the 
     benefit of society, including through cooperation and 
     collaborations with networking and information technology 
     research, development, and technology transition initiatives 
     supported by the States;
       ``(B) encourage and support mechanisms for 
     interdisciplinary research and development in networking and 
     information technology, including through collaborations 
     across agencies, across Program Component Areas, with 
     industry, with Federal laboratories (as defined in section 4 
     of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3703)), and with international organizations;
       ``(C) address long-term challenges of national importance 
     for which solutions require large-scale, long-term, 
     interdisciplinary research and development;
       ``(D) place emphasis on innovative and high-risk projects 
     having the potential for substantial societal returns on the 
     research investment;
       ``(E) strengthen all levels of networking and information 
     technology education and training programs to ensure an 
     adequate, well-trained workforce; and
       ``(F) attract more women and underrepresented minorities to 
     pursue postsecondary degrees in networking and information 
     technology.
       ``(3) National research infrastructure.--The strategic plan 
     developed in accordance with paragraph (1) shall be 
     accompanied by milestones and roadmaps for establishing and 
     maintaining the national research infrastructure required to 
     support the Program, including the roadmap required by 
     subsection (a)(2)(E).
       ``(4) Recommendations.--The entities involved in developing 
     the strategic plan under paragraph (1) shall take into 
     consideration the recommendations--
       ``(A) of the advisory committee established under 
     subsection (b); and
       ``(B) of the stakeholders whose input was solicited by the 
     National Coordination Office, as required under section 
     102(b)(3).
       ``(5) Report to congress.--The Director of the National 
     Coordination Office shall transmit the strategic plan 
     required under paragraph (1) to the advisory committee, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Science and Technology of the 
     House of Representatives.''.
       (c) Additional Responsibilities of Director.--Section 
     101(a)(2) of such Act (15 U.S.C. 5511(a)(2)) is amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) encourage and monitor the efforts of the agencies 
     participating in the Program to allocate the level of 
     resources and management attention necessary to ensure that 
     the strategic plan under subsection (e) is developed and 
     executed effectively and that the objectives of the Program 
     are met;''.
       (d) Advisory Committee.--Section 101(b)(1) of such Act (15 
     U.S.C. 5511(b)(1)) is amended by inserting after ``an 
     advisory committee on high-performance computing,'' the 
     following: ``in which the co-chairs shall be members of the 
     President's Council of Advisors on Science and Technology and 
     with the remainder of the committee''.
       (e) Report.--Section 101(a)(3) of such Act (15 U.S.C. 
     5511(a)(3)) is amended--
       (1) in subparagraph (C)--
       (A) by striking ``is submitted,'' and inserting ``is 
     submitted, the levels for the previous fiscal year,''; and
       (B) by striking ``each Program Component Area;'' and 
     inserting ``each Program Component Area and research area 
     supported in accordance with section 104;'';
       (2) in subparagraph (D)--
       (A) by striking ``each Program Component Area,'' and 
     inserting ``each Program Component Area and research area 
     supported in accordance with section 104,'';
       (B) by striking ``is submitted,'' and inserting ``is 
     submitted, the levels for the previous fiscal year,''; and
       (C) by striking ``and'' after the semicolon;
       (3) by redesignating subparagraph (E) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (D) the following new 
     subparagraphs:
       ``(E) include a description of how the objectives for each 
     Program Component Area, and the objectives for activities 
     that involve multiple Program Component Areas, relate to the 
     objectives of the Program identified in the strategic plan 
     required under subsection (e);
       ``(F) include--
       ``(i) a description of the funding required by the National 
     Coordination Office to perform the functions specified under 
     section 102(b) for the next fiscal year by category of 
     activity;
       ``(ii) a description of the funding required by such Office 
     to perform the functions specified under section 102(b) for 
     the current fiscal year by category of activity; and
       ``(iii) the amount of funding provided for such Office for 
     the current fiscal year by each agency participating in the 
     Program; and''.
       (f) Definition.--Section 4 of such Act (15 U.S.C. 5503) is 
     amended--
       (1) by redesignating paragraphs (1) through (7) as 
     paragraphs (2) through (8), respectively;
       (2) by inserting before paragraph (2), as so redesignated, 
     the following new paragraph:
       ``(1) `cyber-physical systems' means physical or engineered 
     systems whose networking and information technology functions 
     and physical elements are deeply integrated and are actively 
     connected to the physical world through sensors, actuators, 
     or other means to perform monitoring and control 
     functions;'';
       (3) in paragraph (4), as so redesignated--
       (A) by striking ``high-performance computing'' and 
     inserting ``networking and information technology''; and
       (B) by striking ``supercomputer'' and inserting ``high-end 
     computing'';
       (4) in paragraph (6), as so redesignated, by striking 
     ``network referred to as'' and all that follows through the 
     semicolon and inserting ``network, including advanced 
     computer networks of Federal agencies and departments;''; and
       (5) in paragraph (7), as so redesignated, by striking 
     ``National High-Performance Computing Program'' and inserting 
     ``networking and information technology research and 
     development program''.

     SEC. 113. LARGE-SCALE RESEARCH IN AREAS OF NATIONAL 
                   IMPORTANCE.

       Title I of such Act (15 U.S.C. 5511) is amended by adding 
     at the end the following new section:

     ``SEC. 104. LARGE-SCALE RESEARCH IN AREAS OF NATIONAL 
                   IMPORTANCE.

       ``(a) In General.--The Program shall encourage agencies 
     identified in section 101(a)(3)(B) to support large-scale, 
     long-term, interdisciplinary research and development 
     activities in networking and information technology directed 
     toward application areas

[[Page 8542]]

     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

[[Page 8543]]

     Computing Program'' and inserting ``networking and 
     information technology research and development program'';
       (ii) in subparagraph (A), by striking ``high-performance 
     computing, including networking'' and inserting ``networking 
     and information technology''; and
       (iii) in subparagraphs (B), (C), and (G), by striking 
     ``high-performance'' each place it appears and inserting 
     ``high-end''; and
       (C) in paragraph (2) of such subsection--
       (i) in subparagraphs (A) and (C)--

       (I) by striking ``high-performance computing'' each place 
     it appears and inserting ``networking and information 
     technology''; and
       (II) by striking ``development, networking,'' each place it 
     appears and inserting ``development,''; and

       (ii) in subparagraphs (F) and (G), as redesignated by 
     section 112(c)(1) of this Act, by striking ``high-
     performance'' each place it appears and inserting ``high-
     end'';
       (3) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``high-performance computing'' 
     both places it appears and inserting ``networking and 
     information technology''; and
       (4) in subsection (c)(1)(A), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''.
       (d) Section 201.--Section 201(a)(1) of such Act (15 U.S.C. 
     5521(a)(1)) is amended by striking ``high-performance 
     computing'' and all that follows through ``networking;'' and 
     inserting ``networking and information research and 
     development;''.
       (e) Section 202.--Section 202(a) of such Act (15 U.S.C. 
     5522(a)) is amended by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''.
       (f) Section 203.--Section 203(a)(1) of such Act (15 U.S.C. 
     5523(a)(1)) is amended by striking ``high-performance 
     computing and networking'' and inserting ``networking and 
     information technology''.
       (g) Section 204.--Section 204(a)(1) of such Act (15 U.S.C. 
     5524(a)(1)) is amended--
       (1) in subparagraph (A), by striking ``high-performance 
     computing systems and networks'' and inserting ``networking 
     and information technology systems and capabilities''; and
       (2) in subparagraph (C), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''.
       (h) Section 205.--Section 205(a) of such Act (15 U.S.C. 
     5525(a)) is amended by striking ``computational'' and 
     inserting ``networking and information technology''.
       (i) Section 206.--Section 206(a) of such Act (15 U.S.C. 
     5526(a)) is amended by striking ``computational research'' 
     and inserting ``networking and information technology 
     research''.
       (j) Section 208.--Section 208 of such Act (15 U.S.C. 5528) 
     is amended--
       (1) in the section heading, by striking ``HIGH-PERFORMANCE 
     COMPUTING'' and inserting ``NETWORKING AND INFORMATION 
     TECHNOLOGY''; and
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``High-performance 
     computing and associated'' and inserting ``Networking and 
     information'';
       (B) in paragraph (2), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technologies'';
       (C) in paragraph (4), by striking ``high-performance 
     computers and associated'' and inserting ``networking and 
     information''; and
       (D) in paragraph (5), by striking ``high-performance 
     computing and associated'' and inserting ``networking and 
     information''.

                   Subtitle C--Other OSTP Provisions

     SEC. 121. FEDERAL SCIENTIFIC COLLECTIONS.

       (a) Management of Scientific Collections.--The Office of 
     Science and Technology Policy, in consultation with relevant 
     Federal agencies, shall ensure the development of formal 
     policies for the management and use of Federal scientific 
     collections to improve the quality, organization, access, 
     including online access, and long-term preservation of such 
     collections for the benefit of the scientific enterprise.
       (b) Definition.--For the purposes of this section, the term 
     ``scientific collection'' means a set of physical specimens, 
     living or inanimate, created for the purpose of supporting 
     science and serving as a long-term research asset, rather 
     than for their market value as collectibles or their 
     historical, artistic, or cultural significance.
       (c) Clearinghouse.--The Office of Science and Technology 
     Policy, in consultation with relevant Federal agencies, shall 
     ensure the development of an online clearinghouse for 
     information on the contents of and access to Federal 
     scientific collections.
       (d) Disposal of Collections.--The policies developed under 
     subsection (a) shall--
       (1) require that, before disposing of a scientific 
     collection, a Federal agency shall--
       (A) conduct a review of the research value of the 
     collection; and
       (B) consult with researchers who have used the collection, 
     and other potentially interested parties, concerning--
       (i) the collection's value for research purposes; and
       (ii) possible additional educational uses for the 
     collection; and
       (2) include procedures for Federal agencies to transfer 
     scientific collections they no longer need to researchers at 
     institutions or other entities qualified to manage the 
     collections.
       (e) Cost Projections.--The Office of Science and Technology 
     Policy, in consultation with relevant Federal agencies, shall 
     develop a common set of methodologies to be used by Federal 
     agencies for the assessment and projection of costs 
     associated with the management and preservation of their 
     scientific collections.

     SEC. 122. COORDINATION OF MANUFACTURING RESEARCH AND 
                   DEVELOPMENT.

       (a) Interagency Committee.--The Director of the Office of 
     Science and Technology Policy shall establish or designate an 
     interagency committee under the National Science and 
     Technology Council with the responsibility for planning and 
     coordinating Federal programs and activities in manufacturing 
     research and development.
       (b) Responsibilities of Committee.--The interagency 
     committee established or designated under subsection (a) 
     shall--
       (1) coordinate the manufacturing research and development 
     programs and activities of the Federal agencies;
       (2) establish goals and priorities for manufacturing 
     research and development that will strengthen United States 
     manufacturing; and
       (3) develop and update every 5 years thereafter a strategic 
     plan to guide Federal programs and activities in support of 
     manufacturing research and development, which shall--
       (A) specify and prioritize near-term and long-term research 
     and development objectives, the anticipated time frame for 
     achieving the objectives, and the metrics for use in 
     assessing progress toward the objectives;
       (B) specify the role of each Federal agency in carrying out 
     or sponsoring research and development to meet the objectives 
     of the strategic plan;
       (C) describe how the Federal agencies supporting 
     manufacturing research and development will foster the 
     transfer of research and development results into new 
     manufacturing technologies, processes, and products for the 
     benefit of society and the national interest; and
       (D) describe how the Federal agencies supporting 
     manufacturing research and development will strengthen all 
     levels of manufacturing education and training programs to 
     ensure an adequate, well-trained workforce.
       (c) Recommendations.--In the development of the strategic 
     plan required under subsection (b)(3), the Director of the 
     Office of Science and Technology Policy, working through the 
     interagency committee, shall take into consideration the 
     recommendations of a wide range of stakeholders, including 
     representatives from diverse manufacturing companies, 
     academia, and other relevant organizations and institutions.
       (d) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Director of the Office of 
     Science and Technology Policy shall transmit the strategic 
     plan developed under subsection (b)(3) to the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Science and Technology of the House of 
     Representatives, and shall transmit subsequent updates to 
     those committees when completed.

     SEC. 123. INTERAGENCY PUBLIC ACCESS COMMITTEE.

       (a) Establishment.--The Director of the Office of Science 
     and Technology Policy shall establish a working group under 
     the National Science and Technology Council with the 
     responsibility to coordinate Federal science agency research 
     and policies related to the dissemination and long-term 
     stewardship of the results of unclassified research, 
     including digital data and peer-reviewed scholarly 
     publications, supported wholly, or in part, by funding from 
     the Federal science agencies.
       (b) Responsibilities.--The working group established under 
     subsection (a) shall--
       (1) coordinate the development or designation of uniform 
     standards for research data, the structure of full text and 
     metadata, navigation tools, and other applications to achieve 
     interoperability across Federal science agencies, across 
     science and engineering disciplines, and between research 
     data and scholarly publications, taking into account existing 
     consensus standards, including international standards;
       (2) coordinate Federal science agency programs and 
     activities that support research and education on tools and 
     systems required to ensure preservation and stewardship of 
     all forms of digital research data, including scholarly 
     publications;
       (3) work with international science and technology 
     counterparts to maximize interoperability between United 
     States based unclassified research databases and 
     international databases and repositories;
       (4) solicit input and recommendations from, and collaborate 
     with, non-Federal stakeholders, including universities, 
     nonprofit and for-profit publishers, libraries, federally 
     funded research scientists, and other organizations and 
     institutions with a stake in long term preservation and 
     access to the results of federally funded research; and
       (5) establish priorities for coordinating the development 
     of any Federal science agency

[[Page 8544]]

     policies related to public access to the results of federally 
     funded research to maximize uniformity of such policies with 
     respect to their benefit to, and potential economic or other 
     impact on, the science and engineering enterprise and the 
     stakeholders thereof.
       (c) Patent or Copyright Law.--Nothing in this section shall 
     be construed to affect any right under the provisions of 
     title 17 or 35, United States Code.
       (d) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Director of the Office of 
     Science and Technology Policy shall transmit a report to 
     Congress describing--
       (1) any priorities established under subsection (b)(5);
       (2) the status of any Federal science agency policies 
     related to public access to the results of federally funded 
     research; and
       (3) how any policies developed or being developed by 
     Federal science agencies, as described in paragraph (2), 
     incorporate input from the non-Federal stakeholders described 
     in subsection (b)(4).
       (e) Definition.--For the purposes of this section, the term 
     ``Federal science agency'' means any Federal agency with an 
     annual extramural research expenditure of over $100,000,000.
       (f) Sense of Congress Regarding Peer Review.--It is the 
     sense of Congress that peer review is an important part of 
     the process of ensuring the integrity of the record of 
     scientific research, and that the National Science and 
     Technology Council working group established under this 
     section should take into account the role that scientific 
     publishers play in the peer review process.

     SEC. 124. FULFILLING THE POTENTIAL OF WOMEN IN ACADEMIC 
                   SCIENCE AND ENGINEERING.

       (a) Definition.--In this section, the term ``Federal 
     science agency'' means any Federal agency that is responsible 
     for at least 2 percent of total Federal research and 
     development funding to institutions of higher education, 
     according to the most recent data available from the National 
     Science Foundation.
       (b) Workshops To Enhance Gender Equity in Academic Science 
     and Engineering.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Director of the Office of Science 
     and Technology Policy shall develop a uniform policy for all 
     Federal science agencies to carry out a program of workshops 
     that educate program officers, members of grant review 
     panels, institution of higher education STEM department 
     chairs, and other federally funded researchers about methods 
     that minimize the effects of gender bias in evaluation of 
     Federal research grants and in the related academic 
     advancement of actual and potential recipients of these 
     grants, including hiring, tenure, promotion, and selection 
     for any honor based in part on the recipient's research 
     record.
       (2) Interagency coordination.--The Director of the Office 
     of Science and Technology Policy shall ensure that programs 
     of workshops across the Federal science agencies are 
     coordinated and supported jointly as appropriate. As part of 
     this process, the Director of the Office of Science and 
     Technology Policy shall ensure that at least 1 workshop is 
     supported every 2 years among the Federal science agencies in 
     each of the major science and engineering disciplines 
     supported by those agencies.
       (3) Organizations eligible to carry out workshops.--Federal 
     science agencies may carry out the program of workshops under 
     this subsection by making grants to eligible organizations. 
     In addition to any other organizations made eligible by the 
     Federal science agencies, the following organizations are 
     eligible for grants under this subsection:
       (A) Nonprofit scientific and professional societies and 
     organizations that represent one or more STEM disciplines.
       (B) Nonprofit organizations that have the primary mission 
     of advancing the participation of women in STEM.
       (4) Characteristics of workshops.--The workshops shall have 
     the following characteristics:
       (A) Invitees to workshops shall include at least--
       (i) the chairs of departments in the relevant discipline 
     from at least the top 50 institutions of higher education, as 
     determined by the amount of Federal research and development 
     funds obligated to each institution of higher education in 
     the prior year based on data available from the National 
     Science Foundation;
       (ii) members of any standing research grant review panel 
     appointed by the Federal science agencies in the relevant 
     discipline;
       (iii) in the case of science and engineering disciplines 
     supported by the Department of Energy, the individuals from 
     each of the Department of Energy National Laboratories with 
     personnel management responsibilities comparable to those of 
     an institution of higher education department chair; and
       (iv) Federal science agency program officers in the 
     relevant discipline, other than program officers that 
     participate in comparable workshops organized and run 
     specifically for that agency's program officers.
       (B) Activities at the workshops shall include research 
     presentations and interactive discussions or other activities 
     that increase the awareness of the existence of gender bias 
     in the grant-making process and the development of the 
     academic record necessary to qualify as a grant recipient, 
     including recruitment, hiring, tenure review, promotion, and 
     other forms of formal recognition of individual achievement, 
     and provide strategies to overcome such bias.
       (C) Research presentations and other workshop programs, as 
     appropriate, shall include a discussion of the unique 
     challenges faced by women who are members of historically 
     underrepresented groups.
       (D) Workshop programs shall include information on best 
     practices and the value of mentoring undergraduate and 
     graduate women students as well as outreach to girls earlier 
     in their STEM education.
       (5) Report.--
       (A) In general.--Not later than 5 years after the date of 
     enactment of this Act, the Director of the Office of Science 
     and Technology Policy shall transmit to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate a report evaluating the effectiveness of the program 
     carried out under this subsection to reduce gender bias 
     towards women engaged in research funded by the Federal 
     Government. The Director of the Office of Science and 
     Technology Policy shall include in this report any 
     recommendations for improving the evaluation process 
     described in subparagraph (B).
       (B) Minimum criteria for evaluation.--In determining the 
     effectiveness of the program, the Director of the Office of 
     Science and Technology Policy shall consider, at a minimum--
       (i) the rates of participation by invitees in the workshops 
     authorized under this subsection;
       (ii) the results of attitudinal surveys conducted on 
     workshop participants before and after the workshops;
       (iii) any relevant institutional policy or practice changes 
     reported by participants; and
       (iv) for individuals described in paragraph (4)(A)(i) or 
     (iii) who participated in at least 1 workshop 3 or more years 
     prior to the due date for the report, trends in the data for 
     the department represented by the chair or employee including 
     faculty data related to gender as described in section 216.
       (C) Institutional attendance at workshops.--As part of the 
     report under subparagraph (A), the Director of the Office of 
     Science and Technology Policy shall include a list of 
     institutions of higher education science and engineering 
     departments whose representatives attended the workshops 
     required under this subsection.
       (6) Minimizing costs.--To the extent practicable, workshops 
     shall be held in conjunction with national or regional 
     disciplinary meetings to minimize costs associated with 
     participant travel.
       (c) Extended Research Grant Support and Interim Technical 
     Support for Caregivers.--
       (1) Policies for caregivers.--Not later than 6 months after 
     the date of enactment of this Act, the Director of the Office 
     of Science and Technology Policy shall develop a uniform 
     policy to--
       (A) extend the period of grant support for federally funded 
     researchers who have caregiving responsibilities; and
       (B) provide funding for interim technical staff support for 
     federally funded researchers who take a leave of absence for 
     caregiving responsibilities.
       (2) Report.--Upon developing the policy required under 
     paragraph (1), the Director of the Office of Science and 
     Technology Policy shall transmit a copy of the policy to the 
     Committee on Science and Technology of the House of 
     Representatives and to the Committee on Commerce, Science, 
     and Transportation of the Senate.
       (d) Collection of Data on Federal Research Grants.--
       (1) In general.--Each Federal science agency shall collect 
     standardized annual composite information on demographics, 
     field, award type and budget request, review score, and 
     funding outcome for all applications for research and 
     development grants to institutions of higher education 
     supported by that agency.
       (2) Reporting of data.--
       (A) The Director of the Office of Science and Technology 
     Policy shall establish a policy to ensure uniformity and 
     standardization of data collection required under paragraph 
     (1).
       (B) Not later than 2 years after the date of enactment of 
     this Act, and annually thereafter, each Federal science 
     agency shall submit data collected under paragraph (1) to the 
     National Science Foundation.
       (C) The National Science Foundation shall be responsible 
     for storing and publishing all of the grant data submitted 
     under subparagraph (B), disaggregated and cross-tabulated by 
     race, ethnicity, and gender, in conjunction with the biennial 
     report required under section 37 of the Science and 
     Engineering Equal Opportunities Act (42 U.S.C. 1885d).

     SEC. 125. NATIONAL COMPETITIVENESS AND INNOVATION STRATEGY.

       Not later than one year after the date of the enactment of 
     this Act, the Director of the White House Office of Science 
     and Technology Policy shall submit to Congress and

[[Page 8545]]

     the President a national competitiveness and innovation 
     strategy for strengthening the innovative and competitive 
     capacity of the Federal Government, State and local 
     governments, institutions of higher education, and the 
     private sector that includes--
       (1) proposed legislative changes and action;
       (2) proposed actions to be taken collectively by executive 
     agencies, including White House offices;
       (3) proposed actions to be taken by individual executive 
     agencies, including White House offices; and
       (4) a proposal for metrics-based monitoring and oversight 
     of the progress of the Federal Government with respect to 
     improving conditions for the innovation occurring in and the 
     competitiveness of the United States.

                 TITLE II--NATIONAL SCIENCE FOUNDATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``National Science 
     Foundation Authorization Act of 2010''.

                     Subtitle A--General Provisions

     SEC. 211. DEFINITIONS.

       In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the National Science Foundation established under section 2 
     of the National Science Foundation Act of 1950 (42 U.S.C. 
     1861).
       (2) Foundation.--The term ``Foundation'' means the National 
     Science Foundation established under section 2 of the 
     National Science Foundation Act of 1950 (42 U.S.C. 1861).
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (4) State.--The term ``State'' means one of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or any other 
     territory or possession of the United States.
       (5) STEM.--The term ``STEM'' means science, technology, 
     engineering, and mathematics.
       (6) United states.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     territory or possession of the United States.

     SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2011.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $7,481,000,000 for fiscal year 2011.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $6,020,000,000 shall be made available for research and 
     related activities;
       (B) $945,000,000 shall be made available for education and 
     human resources;
       (C) $166,000,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $330,000,000 shall be made available for agency 
     operations and award management;
       (E) $4,840,000 shall be made available for the Office of 
     the National Science Board; and
       (F) $14,830,000 shall be made available for the Office of 
     Inspector General.
       (b) Fiscal Year 2012.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $8,127,000,000 for fiscal year 2012.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $6,496,000,000 shall be made available for research and 
     related activities;
       (B) $1,020,000,000 shall be made available for education 
     and human resources;
       (C) $235,000,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $356,000,000 shall be made available for agency 
     operations and award management;
       (E) $5,010,000 shall be made available for the Office of 
     the National Science Board; and
       (F) $15,350,000 shall be made available for the Office of 
     Inspector General.
       (c) Fiscal Year 2013.--
       (1) In general.--There are authorized to be appropriated to 
     the Foundation $8,764,000,000 for fiscal year 2013.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $7,009,000,000 shall be made available for research and 
     related activities;
       (B) $1,100,000,000 shall be made available for education 
     and human resources;
       (C) $250,000,000 shall be made available for major research 
     equipment and facilities construction;
       (D) $384,000,000 shall be made available for agency 
     operations and award management;
       (E) $5,180,000 shall be made available for the Office of 
     the National Science Board; and
       (F) $15,890,000 shall be made available for the Office of 
     Inspector General.

     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

[[Page 8546]]

     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, disaggregated and cross-
     tabulated by race, ethnicity, and gender. At a minimum, the 
     Director shall consider--
       (1) the number and percent of faculty by gender, race, and 
     age;
       (2) the number and percent of faculty at each rank, by 
     gender, race, and age;
       (3) the number and percent of faculty who are in nontenure-
     track positions, including teaching and research, by gender, 
     race, and age;
       (4) the number of faculty who are reviewed for promotion, 
     including tenure, and the percentage of that number who are 
     promoted, by gender, race, and age;
       (5) faculty years in rank by gender, race, and age;
       (6) faculty attrition by gender, race, and age;
       (7) the number and percent of faculty hired by rank, 
     gender, race, and age; and
       (8) the number and percent of faculty in leadership 
     positions, including endowed or named chairs, serving on 
     promotion and tenure committees, by gender, race, and age.
       (b) Recommendations.--The Director shall solicit input and 
     recommendations from relevant stakeholders, including 
     representatives from institutions of higher education and 
     nonprofit organizations, on the collection of data required 
     under subsection (a), including the development of standard 
     definitions on the terms and categories to be used in the 
     collection of such data.
       (c) Report to Congress.--Not later than 2 years after the 
     date of enactment of this Act, the Director shall submit a 
     report to Congress on how the Foundation will gather the 
     demographic data on STEM faculty, including--
       (1) a description of the data to be reported and the 
     sources of those data;
       (2) justification for the exclusion of any data described 
     in paragraph (1); and
       (3) a list of the definitions for the terms and categories, 
     such as ``faculty'' and ``leadership positions'', to be 
     applied in the reporting of all data described in paragraph 
     (1).

                  Subtitle B--Research and Innovation

     SEC. 221. SUPPORT FOR POTENTIALLY TRANSFORMATIVE RESEARCH.

       (a) Policy.--The Director shall establish a policy that 
     requires the Foundation to use at least 5 percent of its 
     research budget to fund high-risk, high-reward basic research 
     proposals. Support for facilities and infrastructure, 
     including preconstruction design and operations and 
     maintenance of major research facilities, shall not be 
     counted as part of the research budget for the purposes of 
     this section.
       (b) Implementation.--In implementing such policy, the 
     Foundation may--
       (1) develop solicitations specifically for high-risk, high-
     reward basic research;
       (2) establish review panels for the primary purpose of 
     selecting high-risk, high-reward proposals or modify 
     instructions to standard review panels to require 
     identification of high-risk, high-reward proposals; and
       (3) support workshops and participate in conferences with 
     the primary purpose of identifying new opportunities for 
     high-risk, high-reward basic research, especially at 
     interdisciplinary interfaces.
       (c) Definition.--For purposes of this section, the term 
     ``high-risk, high-reward basic research'' means research 
     driven by ideas that have the potential to radically change 
     our understanding of an important existing scientific or 
     engineering concept, or leading to the creation of a new 
     paradigm or field of science or engineering, and that is 
     characterized by its challenge to current understanding or 
     its pathway to new frontiers.

     SEC. 222. FACILITATING INTERDISCIPLINARY COLLABORATIONS FOR 
                   NATIONAL NEEDS.

       (a) In General.--The Director shall award competitive, 
     merit-based awards in amounts not to exceed $5,000,000 over a 
     period of up to 5 years to interdisciplinary research 
     collaborations that are likely to assist in addressing 
     critical challenges to national security, competitiveness, 
     and societal well-being and that--
       (1) involve at least 2 co-equal principal investigators at 
     the same or different institutions;
       (2) draw upon well-integrated, diverse teams of 
     investigators, including students or postdoctoral 
     researchers, from one or more disciplines; and
       (3) foster creativity and pursue high-risk, high-reward 
     research.
       (b) Priority.--In selecting grant recipients under this 
     section, the Director shall give priority to applicants that 
     propose to utilize advances in cyberinfrastructure and 
     simulation-based science and engineering.

     SEC. 223. NATIONAL SCIENCE FOUNDATION MANUFACTURING RESEARCH 
                   AND EDUCATION.

       (a) Manufacturing Research.--The Director shall carry out a 
     program to award merit-reviewed, competitive grants to 
     institutions of higher education to support fundamental 
     research leading to transformative advances in manufacturing 
     technologies, processes, and enterprises that will support 
     United States manufacturing through improved performance, 
     productivity, sustainability, and competitiveness. Research 
     areas may include--
       (1) nanomanufacturing;
       (2) manufacturing and construction machines and equipment, 
     including robotics, automation, and other intelligent 
     systems;
       (3) manufacturing enterprise systems;
       (4) advanced sensing and control techniques;
       (5) materials processing; and
       (6) information technologies for manufacturing, including 
     predictive and real-time models and simulations, and virtual 
     manufacturing.
       (b) Manufacturing Education.--In order to help ensure a 
     well-trained manufacturing workforce, the Director shall 
     award grants to strengthen and expand scientific and 
     technical education and training in advanced manufacturing, 
     including through the Foundation's Advanced Technological 
     Education program.

     SEC. 224. STRENGTHENING INSTITUTIONAL RESEARCH PARTNERSHIPS.

       (a) In General.--For any Foundation research grant, in an 
     amount greater than $2,000,000, to be carried out through a 
     partnership that includes one or more minority-serving 
     institutions or predominantly undergraduate institutions and 
     one or more institutions described in subsection (b), the 
     Director shall award funds directly, according to the budget 
     justification described in the grant proposal, to at least 
     two of the institutions of higher education in the 
     partnership, including at least one minority-serving 
     institution or one predominantly undergraduate institution, 
     to ensure a strong and equitable partnership.
       (b) Institutions.--The institutions referred to in 
     subsection (a) are institutions of higher education that are 
     among the 100 institutions receiving, over the 3-year period 
     immediately preceding the awarding of grants, the highest 
     amount of research funding from the Foundation.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Director shall provide a report to 
     Congress on institutional research partnerships identified in 
     subsection (a) funded in the previous fiscal year.

     SEC. 225. NATIONAL SCIENCE BOARD REPORT ON MID-SCALE 
                   INSTRUMENTATION.

       (a) Mid-Scale Research Instrumentation Needs.--The National 
     Science Board shall evaluate the needs, across all 
     disciplines supported by the Foundation, for mid-scale 
     research instrumentation that falls between the instruments 
     funded by the Major Research Instrumentation program and the 
     very large projects funded by the Major Research Equipment 
     and Facilities Construction program.
       (b) Report on Mid-Scale Research Instrumentation Program.--
     Not later than 1 year after the date of enactment of this 
     Act, the National Science Board shall submit to Congress a 
     report on mid-scale research instrumentation at the 
     Foundation. At a minimum, this report shall include--
       (1) the findings from the Board's evaluation of 
     instrumentation needs required under subsection (a), 
     including a description of differences across disciplines and 
     Foundation research directorates;
       (2) a recommendation or recommendations regarding how the 
     Foundation should set priorities for mid-scale 
     instrumentation across disciplines and Foundation research 
     directorates;
       (3) a recommendation or recommendations regarding the 
     appropriateness of expanding existing programs, including the 
     Major Research Instrumentation program or the Major Research 
     Equipment and Facilities Construction program, to support 
     more instrumentation at the mid-scale;
       (4) a recommendation or recommendations regarding the need 
     for and appropriateness of a new, Foundation-wide program or 
     initiative in support of mid-scale instrumentation, including 
     any recommendations regarding the administration of and 
     budget for such a program or initiative and the appropriate 
     scope of instruments to be funded under such a program or 
     initiative; and
       (5) any recommendation or recommendations regarding other 
     options for supporting mid-scale research instrumentation at 
     the Foundation.

     SEC. 226. SENSE OF CONGRESS ON OVERALL SUPPORT FOR RESEARCH 
                   INFRASTRUCTURE AT THE FOUNDATION.

       It is the sense of Congress that the Foundation should 
     strive to keep the percentage of the Foundation budget 
     devoted to research infrastructure in the range of 24 to 27 
     percent, as recommended in the 2003 National Science Board 
     report entitled ``Science and Engineering Infrastructure for 
     the 21st Century''.

     SEC. 227. PARTNERSHIPS FOR INNOVATION.

       (a) In General.--The Director shall carry out a program to 
     award merit-reviewed,

[[Page 8547]]

     competitive grants to institutions of higher education to 
     establish and to expand partnerships that promote innovation 
     and increase the economic and social impact of research by 
     developing tools and resources to connect new scientific 
     discoveries to practical uses.
       (b) Partnerships.--
       (1) In general.--To be eligible for funding under this 
     section, an institution of higher education must propose 
     establishment of a partnership that--
       (A) includes at least one private sector entity; and
       (B) may include other institutions of higher education, 
     public sector institutions, private sector entities, and 
     social enterprise nonprofit organizations.
       (2) Priority.--In selecting grant recipients under this 
     section, the Director shall give priority to partnerships 
     that include one or more institutions of higher education 
     that are among the 100 institutions receiving, over the 3-
     year period immediately preceding the awarding of grants, the 
     highest amount of research funding from the Foundation and at 
     least one of the following:
       (A) A minority serving institution.
       (B) A primarily undergraduate institution.
       (C) A 2-year institution of higher education.
       (c) Program.--Proposals funded under this section shall 
     seek to--
       (1) increase the economic or social impact of the most 
     promising research at the institution or institutions of 
     higher education that are members of the partnership through 
     knowledge transfer or commercialization;
       (2) increase the engagement of faculty and students across 
     multiple disciplines and departments, including faculty and 
     students in schools of business and other appropriate non-
     STEM fields and disciplines in knowledge transfer activities;
       (3) enhance education and mentoring of students and faculty 
     in innovation and entrepreneurship through networks, courses, 
     and development of best practices and curricula;
       (4) strengthen the culture of the institution or 
     institutions of higher education to undertake and participate 
     in activities related to innovation and leading to economic 
     or social impact;
       (5) broaden the participation of all types of institutions 
     of higher education in activities to meet STEM workforce 
     needs and promote innovation and knowledge transfer; and
       (6) build lasting partnerships with local and regional 
     businesses, local and State governments, and other relevant 
     entities.
       (d) Additional Criteria.--In selecting grant recipients 
     under this section, the Director shall also consider the 
     extent to which the applicants are able to demonstrate 
     evidence of institutional support for, and commitment to--
       (1) achieving the goals of the program as described in 
     subsection (c);
       (2) expansion to an institution-wide program if the initial 
     proposal is not for an institution-wide program; and
       (3) sustaining any new innovation tools and resources 
     generated from funding under this program.
       (e) Limitation.--No funds provided under this section may 
     be used to construct or renovate a building or structure.

     SEC. 228. PRIZE AWARDS.

       (a) Short Title.--This section may be cited as the 
     ``Generating Extraordinary New Innovations in the United 
     States Act of 2010''.
       (b) In General.--The Director shall carry out a pilot 
     program to award innovation inducement cash prizes in any 
     area of research supported by the Foundation. The Director 
     may carry out a program of cash prizes only in conformity 
     with this section.
       (c) Topics.--In identifying topics for prize competitions 
     under this section, the Director shall--
       (1) consult widely both within and outside the Federal 
     Government;
       (2) give priority to high-risk, high-reward research 
     challenges and to problems whose solution could improve the 
     economic competitiveness of the United States; and
       (3) give consideration to the extent to which the topics 
     have the potential to raise public awareness about federally 
     sponsored research.
       (d) Types of Contests.--The Director shall consider all 
     categories of innovation inducement prizes, including--
       (1) contests in which the award is to the first team or 
     individual who accomplishes a stated objective; and
       (2) contests in which the winner is the team or individual 
     who comes closest to achieving an objective within a 
     specified time.
       (e) Advertising and Announcement.--
       (1) Advertising and solicitation of competitors.--The 
     Director shall widely advertise prize competitions to 
     encourage broad participation, including by individuals, 
     institutions of higher education, nonprofit organizations, 
     and businesses.
       (2) Announcement through federal register notice.--The 
     Director shall announce each prize competition by publishing 
     a notice in the Federal Register. This notice shall include 
     the subject of the competition, the duration of the 
     competition, the eligibility requirements for participation 
     in the competition, the process for participants to register 
     for the competition, the amount of the prize, and the 
     criteria for awarding the prize, including the method by 
     which the prize winner or winners will be selected.
       (3) Time to announcement.--The Director shall announce a 
     prize competition within 18 months after receipt of 
     appropriated funds.
       (f) Funding.--
       (1) Funding sources.--Prizes under this section shall 
     consist of Federal appropriated funds and any funds raised 
     pursuant to donations authorized under section 11(f) of the 
     National Science Foundation Act of 1950 (42 U.S.C. 1870(f)) 
     for specific prize competitions.
       (2) Announcement of prizes.--The Director may not issue a 
     notice as required by subsection (e)(2) until all of the 
     funds needed to pay out the announced amount of the prize 
     have been appropriated or committed in writing by another 
     entity pursuant to paragraph (1).
       (g) Eligibility.--To be eligible to win a prize under this 
     section, an individual or entity--
       (1) shall have complied with all of the requirements under 
     this section;
       (2) in the case of a private entity, shall be incorporated 
     in and maintain a primary place of business in the United 
     States, and in the case of an individual, whether 
     participating singly or in a group, shall be a United States 
     citizen or national, or an alien lawfully admitted to the 
     United States for permanent residence;
       (3) shall not be a Federal entity, a Federal employee 
     acting within the scope of his or her employment, or a person 
     employed at a Federal laboratory acting within the scope of 
     his or her employment; and
       (4) shall not have utilized Federal funds to engage in 
     research on the topic for which the prize is being awarded.
       (h) Awards.--
       (1) Number of competitions.--The Director may announce up 
     to 5 prize competitions through the end of fiscal year 2013.
       (2) Size of award.--The Director may determine the amount 
     of each prize award based on the prize topic, but no award 
     shall be less than $1,000,000 or greater than $3,000,000.
       (3) Selecting winners.--The Director may convene an expert 
     panel to select a winner of a prize competition. If the panel 
     is unable to select a winner, the Director shall determine 
     the winner of the prize.
       (4) Public outreach.--The Director shall publicly award 
     prizes utilizing the Foundation's existing public affairs and 
     public outreach resources.
       (i) Administering the Competition.--The Director may enter 
     into an agreement with a private, nonprofit entity to 
     administer the prize competition, subject to the provisions 
     of this section.
       (j) Intellectual Property.--The Federal Government shall 
     not, by virtue of offering or awarding a prize under this 
     section, be entitled to any intellectual property rights 
     derived as a consequence of, or in direct relation to, the 
     participation by a registered participant in a competition 
     authorized by this section. This subsection shall not be 
     construed to prevent the Federal Government from negotiating 
     a license for the use of intellectual property developed for 
     a prize competition under this section.
       (k) Liability.--The Director may require a registered 
     participant in a prize competition under this section to 
     waive liability against the Federal Government for injuries 
     and damages that result from participation in such 
     competition.
       (l) Nonsubstitution.--Any programs created under this 
     section shall not be considered a substitute for Federal 
     research and development programs.
       (m) Reporting Requirement.--Not later than 5 years after 
     the date of enactment of this Act, the National Science Board 
     shall transmit to Congress a report containing the results of 
     a review and assessment of the pilot program under this 
     section, including--
       (1) a description of the nature and status of all completed 
     or ongoing prize competitions carried out under this section, 
     including any scientific achievements, publications, 
     intellectual property, or commercialized technology that 
     resulted from such competitions;
       (2) any recommendations regarding changes to, the 
     termination of, or continuation of the pilot program;
       (3) an analysis of whether the program is attracting 
     contestants more diverse than the Foundation's traditional 
     academic constituency;
       (4) an analysis of whether public awareness of innovation 
     or of the goal of the particular prize or prizes is enhanced;
       (5) an analysis of whether the Foundation's public image or 
     ability to increase public scientific literacy is enhanced 
     through the use of innovation inducement prizes; and
       (6) an analysis of the extent to which private funds are 
     being used to support registered participants.
       (n) Early Termination of Contests.--The Director shall 
     terminate a prize contest before any registered participant 
     wins if the Director determines that an unregistered entity 
     has produced an innovation that would otherwise have 
     qualified for the prize award.
       (o) Authorization of Appropriations.--
       (1) In general.--
       (A) Awards.--There are authorized to be appropriated to the 
     Director for the period

[[Page 8548]]

     encompassing fiscal years 2011 through 2013 $12,000,000 for 
     carrying out this section.
       (B) Administration.--Of the amounts authorized in 
     subparagraph (A), not more than 15 percent for each fiscal 
     year shall be available for the administrative costs of 
     carrying out this section.
       (2) Carryover of funds.--Funds appropriated for prize 
     awards under this section shall remain available until 
     expended, and may be transferred, reprogrammed, or expended 
     for other purposes as authorized by law only after the 
     expiration of 7 fiscal years after the fiscal year for which 
     the funds were originally appropriated. No provision in this 
     section permits obligation or payment of funds in violation 
     of section 1341 of title 31 of the United States Code 
     (commonly referred to as the Anti-Deficiency Act).

     SEC. 229. 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.

     SEC. 230. 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.

           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 2013, at 
     least 50 percent of the total Foundation funds allocated to 
     the Integrative Graduate Education and Research Traineeship 
     program and the Graduate Research Fellowship program shall 
     come from funds appropriated for Research and Related 
     Activities.
       (d) Cost of Education Allowance for GRF Program.--Section 
     10 of the National Science Foundation Act of 1950 (42 U.S.C. 
     1869) is amended--
       (1) by inserting ``(a)'' before ``The Foundation is 
     authorized''; and
       (2) by adding at the end the following new subsection:
       ``(b) The Director shall establish for each year the amount 
     to be awarded for scholarships and fellowships under this 
     section for that year. Each such scholarship and fellowship 
     shall include a cost of education allowance of $12,000, 
     subject to any restrictions on the use of cost of education 
     allowance as determined by the Director.''.

     SEC. 242. POSTDOCTORAL FELLOWSHIP IN STEM EDUCATION RESEARCH.

       (a) In General.--The Director shall establish postdoctoral 
     fellowships in STEM education research to provide recent 
     doctoral degree graduates in STEM fields with the necessary 
     skills to assume leadership roles in STEM education research, 
     program development, and evaluation in our Nation's diverse 
     educational institutions.
       (b) Awards.--
       (1) Duration.--Fellowships may be awarded under this 
     section for a period of up to 24 months in duration, 
     renewable for an additional 12 months. The Director shall 
     establish criteria for eligibility for renewal of the 
     fellowship.
       (2) Stipend.--The Director shall determine the amount of 
     the award for a fellowship, which shall include a stipend and 
     a research allowance, and may include an educational 
     allowance.
       (3) Location.--A fellowship shall be awarded for research 
     at any institution of higher education that offers degrees in 
     fields supported by the Foundation, or at any institution or 
     organization that the Director determines is eligible for 
     education research grants from the Foundation.
       (4) Number of awards.--The Director may award up to 20 new 
     fellowships per year.
       (c) Research.--Fellowships under this section shall be 
     awarded for research on STEM education at any educational 
     level, including grades pre-K-12, undergraduate, graduate, 
     and general public education, in both formal and informal 
     settings. Research topics may include--
       (1) learning processes and progressions;
       (2) knowledge transfer, including curriculum development;
       (3) uses of technology as teaching and learning tools;
       (4) integrating STEM fields; and
       (5) assessment of student learning and program evaluation.
       (d) Eligibility.--To be eligible for a fellowship under 
     this section, an individual must--
       (1) be a United States citizen or national, or an alien 
     lawfully admitted to the United States for permanent 
     residence, at the time of application; and
       (2) have received a doctoral degree in one of the STEM 
     fields supported by the Foundation within 3 years prior to 
     the fellowship application deadline.
       (e) Outreach.--In carrying out the program under this 
     section, the Director shall conduct outreach efforts to 
     encourage applications from underrepresented groups.

     SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

       (a) Matching Requirement.--Section 10A(h)(1) of the 
     National Science Foundation Authorization Act of 2002 (42 
     U.S.C. 1862n-1a(h)(1)) is amended to read as follows:
       ``(1) In general.--An eligible entity receiving a grant 
     under this section shall provide, from non-Federal sources, 
     to carry out the activities supported by the grant--
       ``(A) in the case of grants in an amount of less than 
     $1,500,000, an amount equal to at least 30 percent of the 
     amount of the grant, at least one half of which shall be in 
     cash; and
       ``(B) in the case of grants in an amount of $1,500,000 or 
     more, an amount equal to at least 50 percent of the amount of 
     the grant, at least one half of which shall be in cash.''.
       (b) Retiring STEM Professionals.--Section 10A of the 
     National Science Foundation Authorization Act of 2002 (42 
     U.S.C. 1862n-1a) is amended in subsection (a)(2)(A) by 
     inserting ``including retiring professionals in those 
     fields,'' after ``mathematics professionals,''.

     SEC. 244. INSTITUTIONS SERVING PERSONS WITH DISABILITIES.

       For the purposes of the activities and programs supported 
     by the Foundation, institutions of higher education chartered 
     to serve large numbers of students with disabilities, 
     including Gallaudet University, Landmark College, and the 
     National Technical Institute for the Deaf, shall have a 
     designation consistent with the designation for other 
     institutions that serve populations underrepresented in STEM 
     to ensure that institutions of higher education chartered to 
     serve persons with disabilities can benefit from STEM bridge 
     programs and from research partnerships with major research 
     universities. Nothing in this section shall be construed to 
     amend or otherwise affect any of the definitions for 
     minority-serving institutions under title III or title V of 
     the Higher Education Act of 1965.

     SEC. 245. INSTITUTIONAL INTEGRATION.

       (a) Innovation Through Institutional Integration.--The 
     Director shall award grants for the institutional integration 
     of projects funded by the Foundation with a focus on 
     education, or on broadening participation in STEM by 
     underrepresented groups, for the purpose of increasing 
     collaboration and coordination across funded projects and 
     institutions and expanding the impact of such projects within 
     and among institutions of higher education in an innovative 
     and sustainable manner.
       (b) Program Activities.--The program under this section 
     shall support integrative activities that involve the 
     strategic and innovative combination of Foundation-funded 
     projects and that provide for--
       (1) additional opportunities to increase the recruitment, 
     retention, and degree attainment of underrepresented groups 
     in STEM disciplines;
       (2) the inclusion of programming, practices, and policies 
     that encourage the integration of education and research;

[[Page 8549]]

       (3) seamless transitions from one educational level to 
     another, including from a 2-year to a 4-year institution; and
       (4) other activities that expand and deepen the impact of 
     Foundation-funded projects with a focus on education, or on 
     broadening participation in STEM by underrepresented groups, 
     and enhance their sustainability.
       (c) Review Criteria.--In selecting recipients of grants 
     under this section, the Director shall consider at a 
     minimum--
       (1) the extent to which the proposed project addresses the 
     goals of project and program integration and adds value to 
     the existing funded projects;
       (2) the extent to which there is a proven record of success 
     for the existing projects on which the proposed integration 
     project is based; and
       (3) the extent to which the proposed project addresses the 
     modification of programming, practices, and policies 
     necessary to achieve the purpose described in subsection (a).
       (d) Priority.--In selecting recipients of grants under this 
     section, the Director shall give priority to proposals for 
     which a senior institutional administrator, including a dean 
     or other administrator of equal or higher rank, serves as the 
     principal investigator.

     SEC. 246. POSTDOCTORAL RESEARCH FELLOWSHIPS.

       (a) In General.--The Director shall establish a Foundation-
     wide postdoctoral research fellowship program, to award 
     competitive, merit-based postdoctoral research fellowships in 
     any field of research supported by the Foundation.
       (b) Duration and Amount.--Fellowships may be awarded under 
     this section for a period of up to 3 years in duration. The 
     Director shall determine the amount of the award for a 
     fellowship, which shall include a stipend and a research 
     allowance, and may include an educational allowance.
       (c) Eligibility.--To be eligible to receive a fellowship 
     under this section, an individual--
       (1) must be a United States citizen or national, or an 
     alien lawfully admitted to the United States for permanent 
     residence, at the time of application;
       (2) must have received a doctoral degree in any field of 
     research supported by the Foundation within 3 years prior to 
     the fellowship application deadline, or will complete a 
     doctoral degree no more than 1 year after the application 
     deadline; and
       (3) may not have previously received funding as the 
     principal investigator of a research grant from the 
     Foundation, unless such funding was received as a graduate 
     student.
       (d) Priority.--In evaluating applications for fellowships 
     under this section, the Director shall give priority to 
     applications that include--
       (1) proposals for interdisciplinary research; or
       (2) proposals for high-risk, high-reward research.
       (e) Additional Considerations.--
       (1) In general.--In evaluating applications for fellowships 
     under this section, the Director shall give consideration to 
     the goal of promoting the participation of individuals 
     identified in section 33 or 34 of the Science and Engineering 
     Equal Opportunities Act (42 U.S.C. 1885a or 1885b) and 
     veterans.
       (2) Definition.--For purposes of this subsection, the term 
     ``veteran'' means a person who--
       (A) served on active duty (other than active duty for 
     training) in the Armed Forces of the United States for a 
     period of more than 180 consecutive days, and who was 
     discharged or released therefrom under conditions other than 
     dishonorable; or
       (B) served on active duty (other than active duty for 
     training) in the Armed Forces of the United States and was 
     discharged or released from such service for a service-
     connected disability before serving 180 consecutive days.

     For purposes of subparagraph (B), the term ``service-
     connected'' has the meaning given such term under section 101 
     of title 38, United States Code.
       (f) Nonsubstitution.--The fellowship program authorized 
     under this section is not intended to replace or reduce 
     support for postdoctoral research through existing programs 
     at the Foundation.
       (g) Outreach.--In carrying out the program under this 
     section, the Director shall conduct outreach efforts to 
     encourage applications from underrepresented groups.

     SEC. 247. BROADENING PARTICIPATION TRAINING AND OUTREACH.

       The Director shall provide education and training--
       (1) to Foundation staff and grant proposal review panels on 
     effective mechanisms and tools for broadening participation 
     in STEM by underrepresented groups, including reviewer 
     selection and mitigation of implicit bias in the review 
     process; and
       (2) to Foundation staff on related outreach approaches.

     SEC. 248. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM.

       Section 17 of the National Science Foundation Authorization 
     Act of 2002 (42 U.S.C. 1862n-6) is amended to read as 
     follows:

     ``SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM.

       ``(a) In General.--The Director shall award grants, on a 
     competitive, merit-reviewed basis, to institutions of higher 
     education (or to consortia thereof) to reform undergraduate 
     STEM education for the purpose of increasing the number and 
     quality of students studying toward and completing 
     baccalaureate degrees in STEM and improving the STEM learning 
     outcomes for all undergraduate students, including through--
       ``(1) development, implementation, and assessment of 
     innovative, research-based approaches to transforming the 
     teaching and learning of disciplinary or interdisciplinary 
     STEM at the undergraduate level; and
       ``(2) expansion of successful STEM reform efforts beyond a 
     single course or group of courses to achieve reform within an 
     entire academic unit, or expansion of successful reform 
     efforts beyond a single academic unit to other STEM academic 
     units within an institution or to comparable academic units 
     at other institutions.
       ``(b) Uses of Funds.--Activities supported by grants under 
     this section may include--
       ``(1) creation of multidisciplinary or interdisciplinary 
     courses or programs that formalize collaborations for the 
     purpose of improved student instruction and research in STEM;
       ``(2) expansion of undergraduate STEM research 
     opportunities to include interdisciplinary research 
     opportunities and research opportunities in industry, at 
     Federal labs, and at international research institutions or 
     research sites;
       ``(3) implementation or expansion of bridge programs, 
     including programs that address student transition from 2-
     year to 4-year institutions, and cohort, tutoring, or 
     mentoring programs proven to enhance student recruitment or 
     persistence to degree completion in STEM, including 
     recruitment or persistence to degree completion of 
     individuals identified in section 33 or 34 of the Science and 
     Engineering Equal Opportunities Act (42 U.S.C. 1885a or 
     1885b);
       ``(4) improvement of undergraduate STEM education for 
     nonmajors, including education majors;
       ``(5) implementation of evidence-based, technology-driven 
     reform efforts that directly impact undergraduate STEM 
     instruction or research experiences;
       ``(6) development and implementation of faculty and 
     graduate teaching assistant development programs focused on 
     improved instruction, mentoring, assessment of student 
     learning, and support of undergraduate STEM students;
       ``(7) support for graduate students and postdoctoral 
     fellows to participate in instructional or assessment 
     activities at primarily undergraduate institutions;
       ``(8) research on teaching and learning of STEM at the 
     undergraduate level related to the proposed reform effort, 
     including assessment and evaluation of the proposed reform 
     activities, research on scalability and sustainability of 
     approaches to reform, and development and implementation of 
     longitudinal studies of students included in the proposed 
     reform effort; and
       ``(9) support for initiatives that advance the integration 
     of global challenges such as sustainability into disciplinary 
     and interdisciplinary STEM education.
       ``(c) Partnership.--An institution of higher education may 
     partner with one or more other nonprofit education or 
     research organizations, including scientific and engineering 
     societies, for the purposes of carrying out the activities 
     authorized under this section.
       ``(d) Selection Process.--
       ``(1) Applications.--An institution of higher education 
     seeking a grant under this section shall submit an 
     application to the Director at such time, in such manner, and 
     containing such information as the Director may require. The 
     application shall include, at a minimum--
       ``(A) a description of the proposed reform effort;
       ``(B) a description of the research findings that will 
     serve as the basis for the proposed reform effort or, in the 
     case of applications that propose an expansion of a 
     previously implemented reform effort, a description of the 
     previously implemented reform effort, including indicators of 
     success such as data on student recruitment, persistence to 
     degree completion, and academic achievement;
       ``(C) evidence of institutional support for, and commitment 
     to, the proposed reform effort, including long-term 
     commitment to implement successful strategies from the 
     current reform effort beyond the academic unit or units 
     included in the grant proposal or to disseminate successful 
     strategies to other institutions;
       ``(D) a description of existing or planned institutional 
     policies and practices regarding faculty hiring, promotion, 
     tenure, and teaching assignment that reward faculty 
     contributions to undergraduate STEM education; and
       ``(E) a description of the plans for assessment and 
     evaluation of the proposed reform activities, including 
     evidence of participation by individuals with experience in 
     assessment and evaluation of teaching and learning programs.
       ``(2) Review of applications.--In selecting grant 
     recipients under this section, the Director shall consider at 
     a minimum--
       ``(A) the likelihood of success in undertaking the proposed 
     effort at the institution

[[Page 8550]]

     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 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

[[Page 8551]]

     provide students with increased access to rigorous courses of 
     study in STEM, increase the number of students who are 
     prepared for advanced study and careers in STEM, and increase 
     the effective teaching of STEM subjects, shall at a minimum 
     consider the following topics:
       (1) Research on scalability, sustainability, and 
     replication of successful STEM activities, programs, and 
     models, in formal and informal environments.
       (2) Research that utilizes a systems approach to 
     identifying challenges and opportunities to improve the 
     teaching and learning of STEM, including development and 
     evaluation of model systems that support improved teaching 
     and learning of STEM across entire school districts and 
     States, and encompassing and integrating the teaching and 
     learning of STEM in formal and informal venues, and in K-12 
     schools and institutions of higher education.
       (3) Research to understand what makes a STEM teacher 
     effective and pre-service and in-service STEM teacher 
     training and professional development effective, including 
     development of tools and methodologies to measure STEM 
     teacher effectiveness.
       (4) Research and development on cyber-enabled tools and 
     programs and television based tools and programs for learning 
     and teaching STEM, including development of tools and 
     methodologies for assessing cyber and television enabled 
     teaching and learning.
       (5) Research and development on STEM teaching and learning 
     in informal environments, including development of tools and 
     methodologies for assessing STEM teaching and learning in 
     informal environments.
       (6) Research and development on how integrating engineering 
     with mathematics and science education may--
       (A) improve student learning of mathematics and science;
       (B) increase student interest and persistence in STEM; or
       (C) improve student understanding of engineering design 
     principles and of the built world.
       (7) Research to understand what makes hands-on, inquiry-
     based classroom experiences effective, including development 
     of tools and methodologies for assessing such experiences.
       (d) Report to Congress.--Not later than 18 months after the 
     date of enactment of this Act, the Director and the Secretary 
     shall report back to Congress with a description of--
       (1) the grand challenges identified pursuant to this 
     section;
       (2) the role of each agency in supporting research and 
     development activities to address the grand challenges;
       (3) the common metrics that will be used to assess progress 
     toward meeting the grand challenges;
       (4) plans for periodically updating the grand challenges;
       (5) how the agencies will disseminate the results of 
     research and development activities carried out under this 
     section to STEM education practitioners, to other Federal 
     agencies that support STEM programs and activities, and to 
     non-Federal funders of STEM education; and
       (6) how the agencies will support implementation of best 
     practices identified by the research and development 
     activities.

     SEC. 252. RESEARCH EXPERIENCES FOR UNDERGRADUATES.

       (a) Research Sites.--The Director shall award grants, on a 
     merit-reviewed, competitive basis, to institutions of higher 
     education, nonprofit organizations, or consortia of such 
     institutions and organizations, for sites designated by the 
     Director to provide research experiences for 6 or more 
     undergraduate STEM students for sites designated at primarily 
     undergraduate institutions of higher education and 10 or more 
     undergraduate STEM students for all other sites, with 
     consideration given to the goal of promoting the 
     participation of individuals identified in section 33 or 34 
     of the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885a or 1885b). The Director shall ensure that--
       (1) at least half of the students participating in a 
     program funded by a grant under this subsection at each site 
     shall be recruited from institutions of higher education 
     where research opportunities in STEM are limited, including 
     2-year institutions;
       (2) the awards provide undergraduate research experiences 
     in a wide range of STEM disciplines;
       (3) the awards support a variety of projects, including 
     independent investigator-led projects, interdisciplinary 
     projects, and multi-institutional projects (including virtual 
     projects);
       (4) students participating in each program funded have 
     mentors, including during the academic year to the extent 
     practicable, to help connect the students' research 
     experiences to the overall academic course of study and to 
     help students achieve success in courses of study leading to 
     a baccalaureate degree in a STEM field;
       (5) mentors and students are supported with appropriate 
     salary or stipends; and
       (6) student participants are tracked, for employment and 
     continued matriculation in STEM fields, through receipt of 
     the undergraduate degree and for at least 3 years thereafter.
       (b) Inclusion of Undergraduates in Standard Research 
     Grants.--The Director shall require that every recipient of a 
     research grant from the Foundation proposing to include 1 or 
     more students enrolled in certificate, associate, or 
     baccalaureate degree programs in carrying out the research 
     under the grant shall request support, including stipend 
     support, for such undergraduate students as part of the 
     research proposal itself rather than as a supplement to the 
     research proposal, unless such undergraduate participation 
     was not foreseeable at the time of the original proposal.

     SEC. 253. LABORATORY SCIENCE PILOT PROGRAM.

       Section 7026 of the America COMPETES Act (Public Law 110-
     69) is amended by striking subsections (d) and (e).

     SEC. 254. STEM INDUSTRY INTERNSHIP PROGRAMS.

       (a) In General.--The Director may award grants, on a 
     competitive, merit-reviewed basis, to institutions of higher 
     education, or consortia thereof, to establish or expand 
     partnerships with local or regional private sector entities, 
     for the purpose of providing undergraduate students with 
     integrated internship experiences that connect private sector 
     internship experiences with the students' STEM coursework. 
     Such partnerships may also include industry or professional 
     associations.
       (b) Priority.--In awarding grants under this section, the 
     Director shall give priority to institutions of higher 
     education or consortia thereof that demonstrate significant 
     outreach to and coordination with local or regional private 
     sector entities in developing academic courses designed to 
     provide students with the skills necessary for employment in 
     local or regional companies.
       (c) Outreach to Rural Communities.--The Foundation shall 
     conduct outreach to institutions of higher education and 
     private sector entities in rural areas to encourage those 
     entities to participate in partnerships under this section.
       (d) Cost-Share.--The Director shall require a 50 percent 
     non-Federal cost-share from partnerships established or 
     expanded under this section.
       (e) Restriction.--No Federal funds provided under this 
     section may be used--
       (1) for the purpose of providing stipends or compensation 
     to students for private sector internships; or
       (2) as payment or reimbursement to private sector entities, 
     except for institutions of higher education.
       (f) Report.--Not less than 3 years after the date of 
     enactment of this Act, the Director shall submit a report to 
     Congress on the number and total value of awards made under 
     this section, the number of students affected by those 
     awards, any evidence of the effect of those awards on 
     workforce preparation and jobs placement for participating 
     students, and an economic and ethnic breakdown of the 
     participating students.

     SEC. 255. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM.

       (a) In General.--The Director shall continue to support a 
     program to award grants on a competitive, merit-reviewed 
     basis to tribal colleges and universities (as defined in 
     section 316 of the Higher Education Act of 1965 (20 U.S.C. 
     1059c)), including institutions described in section 317 of 
     such Act (20 U.S.C. 1059d), to enhance the quality of 
     undergraduate STEM education at such institutions and to 
     increase the retention and graduation rates of Native 
     American students pursuing associate's or baccalaureate 
     degrees in STEM.
       (b) Program Components.--Grants awarded under this section 
     shall support--
       (1) activities to improve courses and curriculum in STEM;
       (2) faculty development;
       (3) stipends for undergraduate students participating in 
     research; and
       (4) other activities consistent with subsection (a), as 
     determined by the Director.
       (c) Instrumentation.--Funding provided under this section 
     may be used for instrumentation.

     SEC. 256. CYBER-ENABLED LEARNING FOR NATIONAL CHALLENGES.

       The Director shall, in consultation with appropriate 
     Federal agencies, identify ways to use cyber-enabled learning 
     to create an innovative STEM workforce and to help retrain 
     and retain our existing STEM workforce to address national 
     challenges, including national security and competitiveness.

     SEC. 257. SENSE OF CONGRESS.

       It is the sense of Congress that retaining graduate-level 
     talent trained at American universities in Science, 
     Technology, Engineering, and Mathematics (STEM) fields is 
     critical to enhancing the competitiveness of American 
     businesses.

                       TITLE III--STEM EDUCATION

     SEC. 301. COORDINATION OF FEDERAL STEM EDUCATION.

       (a) Short Title.--This section may be cited as the ``STEM 
     Education Coordination Act of 2010''.
       (b) Definition.--In this section, the term ``STEM'' means 
     science, technology, engineering, and mathematics.
       (c) Establishment.--The Director of the Office of Science 
     and Technology Policy shall establish a committee under the 
     National Science and Technology Council with

[[Page 8552]]

     the responsibility to coordinate Federal programs and 
     activities in support of STEM education, including at the 
     National Science Foundation, the Department of Energy, the 
     National Aeronautics and Space Administration, the National 
     Oceanic and Atmospheric Administration, the Department of 
     Education, and all other Federal agencies that have programs 
     and activities in support of STEM education.
       (d) Responsibilities of the Committee.--The committee 
     established under subsection (c) shall--
       (1) coordinate the STEM education activities and programs 
     of the Federal agencies;
       (2) develop, implement through the participating agencies, 
     and update once every 5 years a 5-year STEM education 
     strategic plan, which shall--
       (A) specify and prioritize annual and long-term objectives;
       (B) specify the common metrics that will be used to assess 
     progress toward achieving the objectives;
       (C) describe the approaches that will be taken by each 
     participating agency to assess the effectiveness of its STEM 
     education programs and activities;
       (D) with respect to subparagraph (A), describe the role of 
     each agency in supporting programs and activities designed to 
     achieve the objectives;
       (E) describe the approaches that will be taken by each 
     agency to increase the participation of underrepresented 
     minority groups in STEM studies and careers both for programs 
     specifically designed to broaden participation and for all 
     programs in general, including by providing for programs and 
     activities that increase participation by individuals in 
     these groups at all institutions, and by increasing the 
     engagement of Historically Black Colleges and Universities 
     and minority-serving institutions in the STEM education and 
     outreach activities supported by the agencies; and
       (F) describe the approaches that will be taken by each 
     participating agency to conduct outreach designed to promote 
     widespread public understanding of career opportunities in 
     the STEM fields specific to the workforce needs of each 
     agency, including outreach to women, Latinos, African-
     Americans, Native Americans, and other students from groups 
     underrepresented in STEM;
       (3) establish, periodically update, and maintain an 
     inventory of federally sponsored STEM education programs and 
     activities, including documentation of assessments of the 
     effectiveness of such programs and activities and rates of 
     participation by underrepresented minorities in such programs 
     and activities; and
       (4) establish and maintain a publically accessible online 
     database of all federally sponsored STEM education programs 
     and activities at all levels and for all audiences, including 
     students, teachers, and the general public.
       (e) Responsibilities of OSTP.--The Director of the Office 
     of Science and Technology Policy shall encourage and monitor 
     the efforts of the participating agencies to ensure that the 
     strategic plan under subsection (d)(2) is developed and 
     executed effectively and that the objectives of the strategic 
     plan are met.
       (f) Report.--The Director of the Office of Science and 
     Technology Policy shall transmit a report annually to 
     Congress at the time of the President's budget request 
     describing the plan required under subsection (d)(2). The 
     annual report shall include--
       (1) a description of the STEM education programs and 
     activities for the previous and current fiscal years, and the 
     proposed programs and activities under the President's budget 
     request, of each participating Federal agency;
       (2) the levels of funding for each participating Federal 
     agency for the programs and activities described under 
     paragraph (1) for the previous fiscal year and under the 
     President's budget request;
       (3) except for the initial annual report, a description of 
     the progress made in carrying out the implementation plan, 
     including a description of the outcome of any program 
     assessments completed in the previous year, and any changes 
     made to that plan since the previous annual report; and
       (4) a description of how the participating Federal agencies 
     will disseminate information about federally supported 
     resources for STEM education practitioners, including teacher 
     professional development programs, to States and to STEM 
     education practitioners, including to teachers and 
     administrators in high-need schools, as defined in section 
     200 of the Higher Education Act of 1965 (20 U.S.C. 1021).

     SEC. 302. ADVISORY COMMITTEE ON STEM EDUCATION.

       (a) In General.--The President shall establish or designate 
     an advisory committee on science, technology, engineering, 
     and mathematics (STEM) education.
       (b) Membership.--The advisory committee established or 
     designated by the President under subsection (a) shall be 
     chaired by at least 2 members of the President's Council of 
     Advisors on Science and Technology, with the remaining 
     advisory committee membership consisting of non-Federal 
     members who are specially qualified to provide the President 
     with advice and information on STEM education. Membership of 
     the advisory committee, at a minimum, shall include 
     individuals from the following categories of individuals and 
     organizations:
       (1) Elementary school and secondary school administrator 
     associations.
       (2) STEM educator professional associations.
       (3) Organizations that provide informal STEM education 
     activities.
       (4) Institutions of higher education.
       (5) Scientific and engineering professional societies.
       (6) Business and industry associations.
       (7) Foundations that fund STEM education activities.
       (c) Responsibilities.--The responsibilities of the advisory 
     committee shall include--
       (1) soliciting input from teachers and administrators in 
     both public and private schools, local educational agencies, 
     States, and other public and private STEM education 
     stakeholder groups for the purpose of informing the Federal 
     agencies that support STEM education programs on the STEM 
     education needs of States and school districts, including the 
     unique needs of schools in rural areas;
       (2) soliciting input from all STEM education stakeholder 
     groups regarding STEM education programs, including STEM 
     education research programs, supported by Federal agencies;
       (3) providing advice to the Federal agencies, including 
     through the interagency committee established under section 
     301, that support STEM education programs on how their 
     programs can be better aligned with the needs of States and 
     school districts as identified in paragraph (1), consistent 
     with the mission of each agency;
       (4) offering guidance to the President on current STEM 
     education activities, research findings, and best practices, 
     with the purpose of increasing connectivity between public 
     and private STEM education efforts;
       (5) 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; and
       (6) 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.

     SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF ENERGY.

       (a) Definitions.--Section 5002 of the America COMPETES Act 
     (42 U.S.C. 16531) is amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Energy systems science and engineering.--The term 
     `energy systems science and engineering' means--
       ``(A) nuclear science and engineering, including--
       ``(i) nuclear engineering;
       ``(ii) nuclear chemistry;
       ``(iii) radiochemistry; and
       ``(iv) health physics;
       ``(B) hydrocarbon system science and engineering, 
     including--
       ``(i) petroleum or reservoir engineering;
       ``(ii) environmental geoscience;
       ``(iii) petrophysics;
       ``(iv) geophysics;
       ``(v) geochemistry;
       ``(vi) petroleum geology;
       ``(vii) ocean engineering;
       ``(viii) environmental engineering; and
       ``(ix) carbon capture and sequestration science and 
     engineering;
       ``(C) energy efficiency and renewable energy technology 
     systems science and engineering, including with respect to--
       ``(i) solar technology systems;
       ``(ii) wind technology systems;
       ``(iii) buildings technology systems;
       ``(iv) transportation technology systems;
       ``(v) hydropower systems;
       ``(vi) marine and hydrokinetic technology systems;
       ``(vii) geothermal systems; and
       ``(viii) biomass technology systems; and
       ``(D) energy storage and distribution systems science and 
     engineering, including with respect to--
       ``(i) energy storage; and
       ``(ii) energy delivery.''.
       (b) Science, Technology, Engineering, and Mathematics 
     Education Programs.--Subpart B of the Department of Energy 
     Science Education Enhancement Act (42 U.S.C. 7381g et seq.) 
     is amended--
       (1) in section 3170--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Director.--The term `Director' means the Director of 
     STEM Education appointed or designated under section 
     3171(c)(1).'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following new 
     paragraph:

[[Page 8553]]

       ``(2) Energy systems science and engineering.--The term 
     `energy systems science and engineering' means--
       ``(A) nuclear science and engineering, including--
       ``(i) nuclear engineering;
       ``(ii) nuclear chemistry;
       ``(iii) radiochemistry; and
       ``(iv) health physics;
       ``(B) hydrocarbon system science and engineering, 
     including--
       ``(i) petroleum or reservoir engineering;
       ``(ii) environmental geoscience;
       ``(iii) petrophysics;
       ``(iv) geophysics;
       ``(v) geochemistry;
       ``(vi) petroleum geology;
       ``(vii) ocean engineering;
       ``(viii) environmental engineering; and
       ``(ix) carbon capture and sequestration science and 
     engineering;
       ``(C) energy efficiency and renewable energy technology 
     systems science and engineering, including with respect to--
       ``(i) solar technology systems;
       ``(ii) wind technology systems;
       ``(iii) buildings technology systems;
       ``(iv) transportation technology systems;
       ``(v) hydropower systems;
       ``(vi) marine and hydrokinetic technology systems;
       ``(vii) geothermal systems; and
       ``(viii) biomass technology systems; and
       ``(D) energy storage and distribution systems science and 
     engineering, including with respect to--
       ``(i) energy storage; and
       ``(ii) energy delivery.''; and
       (D) by adding at the end the following new paragraph:
       ``(4) STEM.--The term `STEM' means science, technology, 
     engineering, and mathematics.'';
       (2) by striking chapters 1, 2, 3, 4, and 6;
       (3) by inserting after section 3170 the following new 
     chapter:

                      ``CHAPTER 1--STEM EDUCATION

     ``SEC. 3171. STEM EDUCATION.

       ``(a) In General.--The Secretary of Energy shall develop, 
     conduct, support, promote, and coordinate formal and informal 
     educational activities that leverage the Department's unique 
     content expertise and facilities to contribute to improving 
     STEM education at all levels in the United States, and to 
     enhance awareness and understanding of STEM, including energy 
     sciences, in order to create a diverse skilled scientific and 
     technical workforce essential to meeting the challenges 
     facing the Department and the Nation in the 21st century.
       ``(b) Programs.--The Secretary shall carry out evidence-
     based programs designed to increase student interest and 
     participation, including by women and underrepresented 
     minority students, improve public literacy and support, and 
     improve the teaching and learning of energy systems science 
     and engineering and other STEM disciplines supported by the 
     Department. Programs authorized under this subsection may 
     include--
       ``(1) informal educational programming designed to excite 
     and inspire students and the general public about energy 
     systems science and engineering and other STEM disciplines 
     supported by the Department, while strengthening their 
     content knowledge in these fields;
       ``(2) teacher training and professional development 
     opportunities for pre-service and in-service elementary and 
     secondary teachers designed to increase the content knowledge 
     of teachers in energy systems science and engineering and 
     other STEM disciplines supported by the Department, including 
     through hands-on research experiences;
       ``(3) research opportunities for secondary school students, 
     including internships at the National Laboratories, that 
     provide secondary school students with hands-on research 
     experiences as well as exposure to working scientists;
       ``(4) research opportunities at the National Laboratories 
     for undergraduate and graduate students pursuing degrees in 
     energy systems science and engineering and other STEM 
     disciplines supported by the Department;
       ``(5) competitive scholarships, fellowships, and 
     traineeships for undergraduate and graduate students in 
     energy systems science and engineering and other STEM 
     disciplines supported by the Department;
       ``(6) competitive grants for institutions of higher 
     education (as defined under section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a))), including 2-year 
     institutions of higher education, to establish or expand 
     degree programs or courses in energy systems science and 
     engineering; and
       ``(7) professional training for energy auditors, field 
     technicians, and building contractors, in the areas of 
     building energy retrofits and audits or related renewable 
     energy technology installations.
       ``(c) Organization of STEM Education Programs.--
       ``(1) Director of stem education.--The Secretary shall 
     appoint or designate a Director of STEM Education, who shall 
     have the principal responsibility to oversee and coordinate 
     all programs and activities of the Department in support of 
     STEM education, including energy systems science and 
     engineering education, across all functions of the 
     Department.
       ``(2) Qualifications.--The Director shall be an individual, 
     who by reason of professional background and experience, is 
     specially qualified to advise the Secretary on all matters 
     pertaining to STEM education, including energy systems 
     science and engineering education, at the Department.
       ``(3) Duties.--The Director shall--
       ``(A) oversee and coordinate all programs in support of 
     STEM education, including energy systems science and 
     engineering education, across all functions of the 
     Department;
       ``(B) represent the Department as the principal interagency 
     liaison for all STEM education programs, unless otherwise 
     represented by the Secretary, the Under Secretary for 
     Science, or the Under Secretary for Energy;
       ``(C) prepare the annual budget and advise the Under 
     Secretary for Science and the Under Secretary for Energy on 
     all budgetary issues for STEM education, including energy 
     systems science and engineering education, relative to the 
     programs of the Department;
       ``(D) establish, periodically update, and maintain a 
     publicly accessible online inventory of STEM education 
     programs and activities, including energy systems science and 
     engineering education programs and activities;
       ``(E) develop, implement, and update the Department of 
     Energy STEM education strategic plan, as required by 
     subsection (d);
       ``(F) increase, to the maximum extent practicable, the 
     participation and advancement of women and underrepresented 
     minorities at every level of STEM education, including energy 
     systems science and engineering education; and
       ``(G) perform such other matters relating to STEM education 
     as are required by the Secretary, the Under Secretary for 
     Science, or the Under Secretary for Energy.
       ``(d) Department of Energy Stem Education Strategic Plan.--
     The Director of STEM education appointed or designated under 
     subsection (c)(1) shall develop, implement, and update once 
     every 3 years a 3-year STEM education strategic plan for the 
     Department, which shall--
       ``(1) identify and prioritize annual and long-term STEM 
     education goals and objectives for the Department that are 
     aligned with the overall goals of the National Science and 
     Technology Council Committee on STEM Education Strategic plan 
     required under section 301(d)(2) of the STEM Education 
     Coordination Act of 2010;
       ``(2) describe the role of each program or activity of the 
     Department in contributing to the goals and objectives 
     identified under paragraph (1);
       ``(3) specify the metrics that will be used to assess 
     progress toward achieving those goals and objectives; and
       ``(4) describe the approaches that will be taken to assess 
     the effectiveness of each STEM education program and activity 
     supported by the Department.
       ``(e) Outreach to Students From Underrepresented Groups.--
     In carrying out a program authorized under this section, the 
     Secretary shall give consideration to the goal of promoting 
     the participation of individuals identified in section 33 or 
     34 of the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885a or 1885b).
       ``(f) Consultation and Partnership With Other Agencies.--In 
     carrying out the programs and activities authorized under 
     this section, the Secretary shall--
       ``(1) consult with the Secretary of Education and the 
     Director of the National Science Foundation regarding 
     activities designed to improve elementary and secondary STEM 
     education; and
       ``(2) consult and partner with the Director of the National 
     Science Foundation in carrying out programs under this 
     section designed to build capacity in STEM education at the 
     undergraduate and graduate level, including by supporting 
     excellent proposals in energy systems science and engineering 
     that are submitted for funding to the Foundation's Advanced 
     Technological Education Program.''; and
       (4) in section 3191--
       (A) in subsection (a)--
       (i) by striking ``web-based'' and inserting ``, through a 
     publicly available website,''; and
       (ii) by inserting ``and project-based learning 
     opportunities'' after ``laboratory experiments'';
       (B) in subsection (b)(1), by inserting ``, including energy 
     systems science and engineering'' after ``the science of 
     energy''; and
       (C) by striking subsection (d).
       (c) Energy Applied Science Talent Expansion Program for 
     Institutions of Higher Education.--
       (1) Amendment.--Strike sections 5004 and 5005 of the 
     America COMPETES Act (42 U.S.C. 16532 and 16533) and insert 
     the following new section:

     ``SEC. 5004. ENERGY APPLIED SCIENCE TALENT EXPANSION PROGRAM 
                   FOR INSTITUTIONS OF HIGHER EDUCATION.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to address the decline in the number of and resources 
     available to energy systems science and engineering programs 
     at institutions of higher education, including community 
     colleges; and
       ``(2) to increase the number of graduates with degrees in 
     energy systems science and

[[Page 8554]]

     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 3 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; and
       ``(3) $36,000,000 for fiscal year 2013.''.
       (2) Conforming amendment.--The table of contents for the 
     America COMPETES Act is amended by striking the items 
     relating to sections 5004 and 5005 and inserting the 
     following:

``Sec. 5004. Energy applied science talent expansion program for 
              institutions of higher education.''.

       (d) Department of Energy Early Career Awards for Science, 
     Engineering, and Mathematics Researchers.--Section 5006 of 
     the America COMPETES Act (42 U.S.C. 16534) is amended--
       (1) in subsection (a), by striking ``Director of the 
     Office'' and all that follows through ``shall carry'' and 
     inserting ``Secretary shall carry'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (A), by inserting ``per year'' after 
     ``$80,000''; and
       (B) in subparagraph (B), by striking ``$125,000'' and 
     inserting ``$175,000 per year'';
       (3) in subsection (c)(1), by striking ``, as determined by 
     the Director'';
       (4) in subsections (c)(2), (e), (f), and (g), by striking 
     ``Director'' each place it appears and inserting 
     ``Secretary'';
       (5) in subsection (d), by striking ``merit-reviewed'' and 
     inserting ``merit-based, peer reviewed''; and
       (6) in subsection (h)--
       (A) by striking ``, acting through the Director,''; and
       (B) by striking ``$25,000,000 for each of fiscal years 2008 
     through 2010'' and inserting ``such sums as are necessary''.
       (e) Protecting America's Competitive Edge (PACE) Graduate 
     Fellowship Program.--Section 5009 of the America COMPETES Act 
     (42 U.S.C. 16536) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``involving written and 
     oral interviews, that will result in a wide distribution of 
     awards throughout the United States,''; and
       (B) in paragraph (2)(B)(iv), by striking ``verbal and'';
       (2) in subsection (d)(1)(B)(i), by inserting ``partial or 
     full'' before ``graduate tuition''; and
       (3) by striking subsection (f).
       (f) Repeal.--Section 3164 of the Department of Energy 
     Science Education Enhancement Act (42 U.S.C. 7381a) is 
     repealed.

     SEC. 304. GREEN ENERGY EDUCATION.

       (a) Short Title.--This section may be cited as the ``Green 
     Energy Education Act of 2010''.
       (b) Definition.--For the purposes of this section:
       (1) Director.--The term ``Director'' means the Director of 
     the National Science Foundation.
       (2) High performance building.--The term ``high performance 
     building'' has the meaning given that term in section 914(a) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16194(a)).
       (c) Graduate Training in Energy Research and Development.--
       (1) Funding.--In carrying out research, development, 
     demonstration, and commercial application activities 
     authorized for the Department of Energy, the Secretary may 
     contribute funds to the National Science Foundation for the 
     Integrative Graduate Education and Research Traineeship 
     program to support projects that enable graduate education 
     related to such activities.
       (2) Consultation.--The Director shall consult with the 
     Secretary when preparing solicitations and awarding grants 
     for projects described in paragraph (1).
       (d) Curriculum Development for High Performance Building 
     Design.--
       (1) Funding.--In carrying out advanced energy technology 
     research, development, demonstration, and commercial 
     application activities authorized for the Department of 
     Energy related to high performance buildings, the Secretary 
     may contribute funds to curriculum development activities at 
     the National Science Foundation for the purpose of improving 
     undergraduate or graduate interdisciplinary engineering and 
     architecture education related to the design and construction 
     of high performance buildings, including development of 
     curricula, of laboratory activities, of training practicums, 
     or of design projects. A primary goal of curriculum 
     development activities supported under this subsection shall 
     be to improve the ability of engineers, architects, landscape 
     architects, and planners to work together on the 
     incorporation of advanced energy technologies during the 
     design and construction of high performance buildings.
       (2) Consultation.--The Director shall consult with the 
     Secretary when preparing solicitations and awarding grants 
     for projects described in paragraph (1).
       (3) Priority.--In awarding grants with respect to which the 
     Secretary has contributed funds under this subsection, the 
     Director shall give priority to applications from 
     departments, programs, or centers of a school of engineering 
     that are partnered with schools, departments, or programs of 
     design, architecture, landscape architecture, and city, 
     regional, or urban planning.

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

       Not later than 6 months after the date of enactment of this 
     Act, the Office of Science and Technology Policy shall enter 
     into a contract with the National Academy of Sciences to 
     carry out a study evaluating the role of 2-year institutions 
     of higher education as STEM educators, including in the 
     preparation of students for direct entry into the STEM 
     workforce and in preparation of students for transition into 
     4-year STEM degree programs, as well as the role of the 
     Federal Government in helping 2-year institutions of higher 
     education build their capacity to be effective STEM 
     educators. At a minimum, the report shall include--
       (1) an evaluation of the current capacity of 2-year 
     institutions of higher education to be effective STEM 
     educators, including in the preparation of students for 
     direct entry into the STEM workforce and for transition into 
     4-year STEM degree programs;
       (2) a description of existing challenges to expanding 
     opportunities for 2-year institutions of higher education to 
     provide and enhance STEM learning and provide STEM degrees 
     that prepare students well for direct entry into the STEM 
     workforce or for transition into 4-year degree programs;
       (3) identification and description of Federal programs that 
     have successfully strengthened the capacity of 2-year 
     institutions of higher education to provide and enhance STEM 
     opportunities;
       (4) a recommendation or recommendations regarding how 
     Federal agencies should set priorities for supporting STEM 
     education at 2-year institutions of higher education;
       (5) a recommendation or recommendations regarding ways 
     Federal agencies can provide increased opportunities for 2-
     year institutions of higher education to participate across 
     their portfolios of STEM education and research programs, 
     including--
       (A) ways to engage 2-year institution of higher education 
     faculty and students with research experiences;
       (B) strategies for improving the curriculum and teaching of 
     developmental mathematics given that many 2-year institutions 
     of higher education provide remediation in mathematics and 
     other STEM coursework; and
       (C) enhancing the basic scientific laboratory 
     infrastructure; and
       (6) a recommendation or recommendations regarding the need 
     for and appropriateness of new Federal programs in support of 
     STEM education at 2-year institutions of higher education.

     SEC. 306. SENSE OF CONGRESS ON ENGINEERING EDUCATION.

       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;

[[Page 8555]]

       (2) the incorporation of engineering education at the 
     elementary and secondary levels has the potential to improve 
     student learning and achievement in science and mathematics, 
     and to increase the technological literacy of all students;
       (3) formal and informal educational providers, including K-
     12 schools, should integrate engineering design principles 
     into their curriculum; and
       (4) exposing elementary and secondary students to 
     engineering education can expand students' understanding of 
     engineering and their awareness of career opportunities in 
     these fields.

     SEC. 307. SENSE OF CONGRESS ON GRANT APPLICATION 
                   CONSIDERATION.

       For science, technology, engineering, and mathematics 
     (STEM) education programs or activities authorized under this 
     Act or amendments made by this Act, it is the sense of 
     Congress that when more than 1 applicant is competing for the 
     same grant and the applications from each applicant are 
     considered equal in merit by the grant-awarding authority, 
     the grant-awarding authority shall give additional 
     consideration to any of the following:
       (1) An applicant that has not previously received funding.
       (2) An applicant that is an institution of higher education 
     in a rural area.

     SEC. 308. ENCOURAGING FEDERAL SCIENTISTS AND ENGINEERS TO 
                   PARTICIPATE IN STEM EDUCATION.

       Not later than 6 months after the date of enactment of this 
     Act, the Director of the Office of Science and Technology 
     Policy, in consultation with the Department of Education, 
     shall develop a policy to--
       (1) increase volunteerism in STEM education activities by 
     encouraging scientists and engineers from Federal science 
     agencies conducting nonmilitary scientific research and 
     development, including scientists and engineers of the 
     federally funded research and development centers supported 
     by those agencies, to volunteer in STEM education activities, 
     and by providing administrative support for such scientists 
     and engineers to engage in such volunteerism; and
       (2) support increased communication and partnerships 
     between scientists and engineers from Federal science 
     agencies conducting nonmilitary scientific research and 
     development, including scientists and engineers of the 
     federally funded research and development centers supported 
     by those agencies, and elementary and secondary schools and 
     teachers through volunteerism in STEM education activities.

        TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``National Institute of 
     Standards and Technology Authorization Act of 2010''.

     SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2011.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Commerce $991,100,000 for the National 
     Institute of Standards and Technology for fiscal year 2011.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $620,000,000 shall be authorized for scientific and 
     technical research and services laboratory activities;
       (B) $125,000,000 shall be authorized for the construction 
     and maintenance of facilities; and
       (C) $246,100,000 shall be authorized for industrial 
     technology services activities, of which--
       (i) $95,000,000 shall be authorized for the Technology 
     Innovation Program under section 28 of the National Institute 
     of Standards and Technology Act (15 U.S.C. 278n);
       (ii) $141,100,000 shall be authorized for the Manufacturing 
     Extension Partnership program under sections 25 and 26 of 
     such Act (15 U.S.C. 278k and 278l); and
       (iii) $10,000,000 shall be authorized for the Malcolm 
     Baldrige National Quality Award program under section 17 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3711a).
       (b) Fiscal Year 2012.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Commerce $992,400,000 for the National 
     Institute of Standards and Technology for fiscal year 2012.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $657,200,000 shall be authorized for scientific and 
     technical research and services laboratory activities;
       (B) $85,000,000 shall be authorized for the construction 
     and maintenance of facilities; and
       (C) $250,200,000 shall be authorized for industrial 
     technology services activities, of which--
       (i) $89,000,000 shall be authorized for the Technology 
     Innovation Program under section 28 of the National Institute 
     of Standards and Technology Act (15 U.S.C. 278n);
       (ii) $150,900,000 shall be authorized for the Manufacturing 
     Extension Partnership program under sections 25 and 26 of 
     such Act (15 U.S.C. 278k and 278l); and
       (iii) $10,300,000 shall be authorized for the Malcolm 
     Baldrige National Quality Award program under section 17 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3711a).
       (c) Fiscal Year 2013.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of Commerce $1,079,809,000 for the National 
     Institute of Standards and Technology for fiscal year 2013.
       (2) Specific allocations.--Of the amount authorized under 
     paragraph (1)--
       (A) $696,700,000 shall be authorized for scientific and 
     technical research and services laboratory activities;
       (B) $122,000,000 shall be authorized for the construction 
     and maintenance of facilities; and
       (C) $261,109,000 shall be authorized for industrial 
     technology services activities, of which--
       (i) $89,000,000 shall be authorized for the Technology 
     Innovation Program under section 28 of the National Institute 
     of Standards and Technology Act (15 U.S.C. 278n);
       (ii) $161,500,000 shall be authorized for the Manufacturing 
     Extension Partnership program under sections 25 and 26 of 
     such Act (15 U.S.C. 278k and 278l); and
       (iii) $10,609,000 shall be authorized for the Malcolm 
     Baldrige National Quality Award program under section 17 of 
     the Stevenson- Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3711a).

     SEC. 403. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND 
                   TECHNOLOGY.

       (a) Establishment.--Section 4 of the National Institute of 
     Standards and Technology Act is amended to read as follows:

     ``SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND 
                   TECHNOLOGY.

       ``(a) Establishment.--There shall be in the Department of 
     Commerce an Under Secretary of Commerce for Standards and 
     Technology (in this section referred to as the `Under 
     Secretary').
       ``(b) Appointment.--The Under Secretary shall be appointed 
     by the President by and with the advice and consent of the 
     Senate.
       ``(c) Compensation.--The Under Secretary shall be 
     compensated at the rate in effect for level III of the 
     Executive Schedule under section 5314 of title 5, United 
     States Code.
       ``(d) Duties.--The Under Secretary shall serve as the 
     Director of the Institute and shall perform such duties as 
     required of the Director by the Secretary under this Act or 
     by law.
       ``(e) Applicability.--The individual serving as the 
     Director of the Institute on the date of enactment of the 
     National Institute of Standards and Technology Authorization 
     Act of 2010 shall also serve as the Under Secretary until 
     such time as a successor is appointed under subsection 
     (b).''.
       (b) Conforming Amendments.--
       (1) Title 5, united states code.--
       (A) Level iii.--Section 5314 of title 5, United States 
     Code, is amended by inserting before the item ``Associate 
     Attorney General'' the following:
       ``Under Secretary of Commerce for Standards and Technology, 
     who also serves as Director of the National Institute of 
     Standards and Technology.''.
       (B) Level iv.--Section 5315 of title 5, United States Code, 
     is amended by striking ``Director, National Institute of 
     Standards and Technology, Department of Commerce.''.
       (2) National institute of standards and technology act.--
     Section 5 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 274) is amended by striking the 
     first, fifth, and sixth sentences.

     SEC. 404. REORGANIZATION OF NIST LABORATORIES.

       (a) Organization.--The Director shall reorganize the 
     scientific and technical research and services laboratory 
     program into the following operational units:
       (1) The Physical Measurement Laboratory, whose mission is 
     to realize and disseminate the national standards for length, 
     mass, time and frequency, electricity, temperature, force, 
     and radiation by activities including fundamental research in 
     measurement science, the provision of measurement services 
     and standards, and the provision of testing facilities 
     resources for use by the Federal Government.
       (2) The Information Technology Laboratory, whose mission is 
     to develop and disseminate standards, measurements, and 
     testing capabilities for interoperability, security, 
     usability, and reliability of information technologies, 
     including cyber security standards and guidelines for Federal 
     agencies, United States industry, and the public, through 
     fundamental and applied research in computer science, 
     mathematics, and statistics.
       (3) The Engineering Laboratory, whose mission is to develop 
     and disseminate advanced manufacturing and construction 
     technologies to the United States manufacturing and 
     construction industries through activities including 
     measurement science research, performance metrics, tools for 
     engineering applications, and promotion of standards 
     adoption.
       (4) The Material Measurement Laboratory, whose mission is 
     to serve as the national reference laboratory in biological, 
     chemical, and material sciences and engineering through 
     activities including fundamental research in the composition, 
     structure, and properties of biological and environmental 
     materials and processes, the development of certified 
     reference materials and critically evaluated data, and other 
     programs to assure

[[Page 8556]]

     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 2013, the Secretary may 
     not provide to a Center more than 50 percent of the costs 
     incurred by such Center and may not require that a Center's 
     cost share exceed 50 percent.
       ``(8) Not later than 2 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 2013 to provide 
     for the long-term sustainability of the program.''.
       (e) Advisory Board.--Section 25(e)(4) of such Act (15 
     U.S.C. 278k(e)(4)) is amended to read as follows:
       ``(4) Federal advisory committee act applicability.--
       ``(A) In general.--In discharging its duties under this 
     subsection, the MEP Advisory Board shall function solely in 
     an advisory capacity, in accordance with the Federal Advisory 
     Committee Act.
       ``(B) Exception.--Section 14 of the Federal Advisory 
     Committee Act shall not apply to the MEP Advisory Board.''.
       (f) Definitions.--Section 25 of such Act (15 U.S.C. 278k) 
     is further amended by adding after subsection (h), as added 
     by subsection (c), the following:
       ``(i) Definition.--In this section, the term `community 
     college' means an institution of higher education (as defined 
     under section 101(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1001(a))) at which the highest degree that is 
     predominately awarded to students is an associate's 
     degree.''.
       (g) Evaluation of Obstacles Unique to Small 
     Manufacturers.--Section 25 of such Act (15 U.S.C. 278k) is 
     further amended by adding after subsection (i), as added by 
     subsection (f), the following:
       ``(j) Evaluation of Obstacles Unique to Small 
     Manufacturers.--The Director shall--
       ``(1) evaluate obstacles that are unique to small 
     manufacturers that prevent such manufacturers from 
     effectively competing in the global market;
       ``(2) implement a comprehensive plan to train the Centers 
     to address such obstacles; and
       ``(3) facilitate improved communication between the Centers 
     to assist such manufacturers in implementing appropriate, 
     targeted solutions to such obstacles.''.

     SEC. 407. EMERGENCY COMMUNICATION AND TRACKING TECHNOLOGIES 
                   RESEARCH INITIATIVE.

       (a) Establishment.--The Director shall establish a research 
     initiative to support the development of emergency 
     communication and tracking technologies for use in locating 
     trapped individuals in confined spaces, such as underground 
     mines, and other shielded environments, such as high-rise 
     buildings or collapsed structures, where conventional radio 
     communication is limited.
       (b) Activities.--In order to carry out this section, the 
     Director shall work with the private sector and appropriate 
     Federal agencies to--
       (1) perform a needs assessment to identify and evaluate the 
     measurement, technical standards, and conformity assessment 
     needs required to improve the operation and reliability of 
     such emergency communication and tracking technologies;
       (2) support the development of technical standards and 
     conformance architecture to improve the operation and 
     reliability of such emergency communication and tracking 
     technologies; and
       (3) incorporate and build upon existing reports and studies 
     on improving emergency communications.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Director shall submit to Congress 
     and make publicly available a report describing the 
     assessment performed under subsection (b)(1)

[[Page 8557]]

     and making recommendations about research priorities to 
     address gaps in the measurement, technical standards, and 
     conformity assessment needs identified by such assessment.

     SEC. 408. TIP ADVISORY BOARD.

       Section 28(k)(4) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278n(k)(4)) is amended to read as 
     follows:
       ``(4) Federal advisory committee act applicability.--
       ``(A) In general.--In discharging its duties under this 
     subsection, the TIP Advisory Board shall function solely in 
     an advisory capacity, in accordance with the Federal Advisory 
     Committee Act.
       ``(B) Exception.--Section 14 of the Federal Advisory 
     Committee Act shall not apply to the TIP Advisory Board.''.

     SEC. 409. UNDERREPRESENTED MINORITIES.

       (a) Research Fellowships.--Section 18 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-1) 
     is amended by adding at the end the following:
       ``(c) Underrepresented Minorities.--In evaluating 
     applications for fellowships under this section, the Director 
     shall give consideration to the goal of promoting the 
     participation of underrepresented minorities in research 
     areas supported by the Institute.''.
       (b) Postdoctoral Fellowship Program.--Section 19 of such 
     Act (15 U.S.C. 278g-2) is amended by adding at the end the 
     following: ``In evaluating applications for fellowships under 
     this section, the Director shall give consideration to the 
     goal of promoting the participation of underrepresented 
     minorities in research areas supported by the Institute.''.
       (c) Teacher Development.--Section 19A(c) of such Act (15 
     U.S.C. 278g-2a(c)) is amended by adding at the end the 
     following: ``The Director shall give special consideration to 
     an application from a teacher from a high-need school, as 
     defined in section 200 of the Higher Education Act of 1965 
     (20 U.S.C. 1021).''.

     SEC. 410. CYBER SECURITY STANDARDS AND GUIDELINES.

       Cyber security standards and guidelines developed by the 
     National Institute of Standards and Technology for use by 
     United States industry and the public shall be voluntary.

     SEC. 411. DISASTER RESILIENT BUILDINGS AND INFRASTRUCTURE.

       (a) Establishment.--The Director shall carry out a disaster 
     resilient buildings and infrastructure program.
       (b) Real-Scale Structures.--As part of the program, the 
     Director shall--
       (1) develop the capability to test real-scale structures 
     under realistic fire and structural loading conditions; and
       (2) assist in the validation of predictive models by 
     developing a database on the performance of large-scale 
     structures under realistic fire and structural loading 
     conditions.
       (c) Database.--As part of the program, the Director shall 
     develop a database on the performance of the built 
     environment during natural and man-made hazard events.

     SEC. 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).

     SEC. 413. REPORT ON THE USE OF MODELING AND SIMULATION.

       (a) In General.--Within 1 year after the date of enactment 
     of this Act, the Director shall submit a report to Congress 
     examining the use of high-performance computational modeling 
     and simulation by small- and medium-sized manufacturers.
       (b) Specific Requirements.--Such report shall include the 
     following:
       (1) An assessment of the current utilization of high-
     performance computational modeling and simulation by small- 
     and medium-sized manufacturers.
       (2) An examination of any barriers or challenges to the use 
     of high-performance computational modeling and simulation by 
     small- and medium-sized manufacturers, including--
       (A) access to high-performance computing facilities and 
     resources;
       (B) the availability of software and other applications 
     tailored to meet the needs of such manufacturers;
       (C) appropriate expertise and training; and
       (D) the availability of tools and other methods to 
     understand and manage the costs and risks associated with 
     transitioning to the use of computational modeling and 
     simulation.
       (3) Recommendations for addressing any barriers or 
     challenges identified in paragraph (2) and, if appropriate, 
     suggestions for action that the Federal Government may take 
     to foster the development and utilization of high-performance 
     computing resources by small- and medium-sized manufacturers.
       (c) Consultation.--In carrying out this section, the 
     Director shall consult with the Office of Science and 
     Technology Policy and with other relevant Federal agencies.

     SEC. 414. GREEN MANUFACTURING AND CONSTRUCTION.

       The Director shall carry out a green manufacturing and 
     construction initiative to--
       (1) develop accurate sustainability metrics and practices 
     for use in manufacturing;
       (2) advance the development of standards and the creation 
     of an information infrastructure to communicate 
     sustainability information about suppliers; and
       (3) improve energy performance, service life, and indoor 
     air quality of new and retrofitted buildings through 
     validated measurement data.

     SEC. 415. NANOMATERIAL INITIATIVE.

       The Director shall carry out a nanomaterial research 
     initiative to--
       (1) develop reference materials for nanomaterials and 
     derived products to be used in benchmarking toxicity, 
     calibrating instruments, and facilitating laboratory 
     comparisons;
       (2) assist in the development of international documentary 
     standards relating to nanomaterials;
       (3) develop instruments and measurement methods to 
     determine the physical and chemical properties of 
     nanomaterials; and
       (4) gather and develop data to support the correlation of 
     physical and chemical properties of nanomaterials to any 
     environmental, safety, or other risks.

     SEC. 416. MANUFACTURING RESEARCH.

       (a) In General.--The Director shall carry out a program to 
     support transformational manufacturing research.
       (b) Activities.--As part of such program, the Director 
     shall--
       (1) develop and disseminate measurement tools and 
     capabilities for new additive manufacturing and robotics 
     technologies and methods;
       (2) establish new techniques and methods to efficiently 
     generate and assemble products integrating nanoscale 
     materials and devices; and
       (3) carry out other research with significant 
     transformational potential for manufacturing.

                          TITLE V--INNOVATION

     SEC. 501. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

       The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 24. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

       ``(a) In General.--The Secretary shall establish an Office 
     of Innovation and Entrepreneurship to foster innovation and 
     the commercialization of new technologies, products, 
     processes, and services with the goal of promoting 
     productivity and economic growth in the United States.
       ``(b) Duties.--The Office of Innovation and 
     Entrepreneurship shall be responsible for--
       ``(1) developing policies to accelerate innovation and 
     advance the commercialization of research and development, 
     including federally funded research and development;
       ``(2) identifying existing barriers to innovation and 
     commercialization, including access to capital and other 
     resources, and ways to overcome those barriers;
       ``(3) providing access to relevant data, research, and 
     technical assistance on innovation and commercialization;
       ``(4) strengthening collaboration on and coordination of 
     policies relating to innovation and commercialization, 
     including those focused on the needs of small businesses and 
     rural communities, within the Department of Commerce and 
     between the Department of Commerce and other Federal 
     agencies, as appropriate; and
       ``(5) any other duties as determined by the Secretary.
       ``(c) Advisory Committee.--The Secretary shall establish an 
     Advisory Council on Innovation and Entrepreneurship to 
     provide advice to the Secretary on carrying out subsection 
     (b).''.

     SEC. 502. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES 
                   IN MANUFACTURING.

       The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.) is further amended by adding after 
     section 24, as added by section 501 of this title, the 
     following new section:

     ``SEC. 25. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 
                   TECHNOLOGIES IN MANUFACTURING.

       ``(a) Establishment.--The Secretary shall establish a 
     program to provide loan guarantees for obligations to small- 
     or medium-sized manufacturers for the use or production of 
     innovative technologies.
       ``(b) Eligible Projects.--A loan guarantee may be made 
     under such program only for a project that reequips, expands, 
     or establishes a manufacturing facility in the United States 
     to--
       ``(1) use an innovative technology or an innovative process 
     in manufacturing; or
       ``(2) manufacture an innovative technology product or an 
     integral component of such product.
       ``(c) Eligible Borrower.--A loan guarantee may be made 
     under such program only for a borrower who is a small- or 
     medium-sized manufacturer, as determined by the Secretary 
     under the criteria established pursuant to subsection (m).
       ``(d) Limitation on Amount.--A loan guarantee shall not 
     exceed an amount equal to 80 percent of the obligation, as 
     estimated at the time at which the loan guarantee is issued.
       ``(e) Limitations on Loan Guarantee.--No loan guarantee 
     shall be made unless the Secretary determines that--

[[Page 8558]]

       ``(1) there is a reasonable prospect of repayment of the 
     principal and interest on the obligation by the borrower;
       ``(2) the amount of the obligation (when combined with 
     amounts available to the borrower from other sources) is 
     sufficient to carry out the project;
       ``(3) the obligation is not subordinate to other financing;
       ``(4) the obligation bears interest at a rate that does not 
     exceed a level that the Secretary determines appropriate, 
     taking into account the prevailing rate of interest in the 
     private sector for similar loans and risks; and
       ``(5) the term of an obligation requires full repayment 
     over a period not to exceed the lesser of--
       ``(A) 30 years; or
       ``(B) 90 percent of the projected useful life, as 
     determined by the Secretary, of the physical asset to be 
     financed by the obligation.
       ``(f) Defaults.--
       ``(1) Payment by secretary.--
       ``(A) In general.--If a borrower defaults (as defined in 
     regulations promulgated by the Secretary and specified in the 
     loan guarantee) on the obligation, the holder of the loan 
     guarantee shall have the right to demand payment of the 
     unpaid amount from the Secretary.
       ``(B) Payment required.--Within such period as may be 
     specified in the loan guarantee or related agreements, the 
     Secretary shall pay to the holder of the loan guarantee the 
     unpaid interest on and unpaid principal of the obligation as 
     to which the borrower has defaulted, unless the Secretary 
     finds that there was no default by the borrower in the 
     payment of interest or principal or that the default has been 
     remedied.
       ``(C) Forbearance.--Nothing in this subsection precludes 
     any forbearance by the holder of the obligation for the 
     benefit of the borrower which may be agreed upon by the 
     parties to the obligation and approved by the Secretary.
       ``(2) Subrogation.--
       ``(A) In general.--If the Secretary makes a payment under 
     paragraph (1), the Secretary shall be subrogated to the 
     rights, as specified in the loan guarantee, of the recipient 
     of the payment or related agreements including, if 
     appropriate, the authority (notwithstanding any other 
     provision of law) to--
       ``(i) complete, maintain, operate, lease, or otherwise 
     dispose of any property acquired pursuant to such loan 
     guarantee or related agreement; or
       ``(ii) permit the borrower, pursuant to an agreement with 
     the Secretary, to continue to pursue the purposes of the 
     project if the Secretary determines that such an agreement is 
     in the public interest.
       ``(B) Superiority of rights.--The rights of the Secretary, 
     with respect to any property acquired pursuant to a loan 
     guarantee or related agreements, shall be superior to the 
     rights of any other person with respect to the property.
       ``(3) Notification.--If the borrower defaults on an 
     obligation, the Secretary shall notify the Attorney General 
     of the default.
       ``(g) Payment of Principal and Interest by Secretary.--With 
     respect to any obligation guaranteed under this section, the 
     Secretary may enter into a contract to pay, and pay, holders 
     of the obligation for and on behalf of the borrower from 
     funds appropriated for that purpose the principal and 
     interest payments that become due and payable on the unpaid 
     balance of the obligation if the Secretary finds that--
       ``(1)(A) the borrower is unable to make the payments and is 
     not in default;
       ``(B) it is in the public interest to permit the borrower 
     to continue to pursue the project; and
       ``(C) the probable net benefit to the Federal Government in 
     paying the principal and interest will be greater than that 
     which would result in the event of a default;
       ``(2) the amount of the payment that the Secretary is 
     authorized to pay shall be no greater than the amount of 
     principal and interest that the borrower is obligated to pay 
     under the obligation being guaranteed; and
       ``(3) the borrower agrees to reimburse the Secretary for 
     the payment (including interest) on terms and conditions that 
     are satisfactory to the Secretary.
       ``(h) Terms and Conditions.--A loan guarantee under this 
     section shall include such detailed terms and conditions as 
     the Secretary determines appropriate to--
       ``(1) protect the interests of the United States in the 
     case of default; and
       ``(2) have available all the patents and technology 
     necessary for any person selected, including the Secretary, 
     to complete and operate the project.
       ``(i) Consultation.--In establishing the terms and 
     conditions of a loan guarantee under this section, the 
     Secretary shall consult with the Secretary of the Treasury.
       ``(j) Fees.--
       ``(1) In general.--The Secretary shall charge and collect 
     fees for loan guarantees in amounts the Secretary determines 
     are sufficient to cover applicable administrative expenses.
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary into the Treasury of 
     the United States; and
       ``(B) remain available until expended, subject to such 
     other conditions as are contained in annual appropriations 
     Acts.
       ``(3) Limitation.--In charging and collecting fees under 
     paragraph (1), the Secretary shall take into consideration 
     the amount of the obligation.
       ``(k) Records.--
       ``(1) In general.--With respect to a loan guarantee under 
     this section, the borrower, the lender, and any other 
     appropriate party shall keep such records and other pertinent 
     documents as the Secretary shall prescribe by regulation, 
     including such records as the Secretary may require to 
     facilitate an effective audit.
       ``(2) Access.--The Secretary and the Comptroller General of 
     the United States, or their duly authorized representatives, 
     shall have access to records and other pertinent documents 
     for the purpose of conducting an audit.
       ``(l) Full Faith and Credit.--The full faith and credit of 
     the United States is pledged to the payment of all loan 
     guarantees issued under this section with respect to 
     principal and interest.
       ``(m) Regulations.--The Secretary shall issue final 
     regulations before making any loan guarantees under the 
     program. Such regulations shall include--
       ``(1) criteria that the Secretary shall use to determine 
     eligibility for loan guarantees under this section, 
     including--
       ``(A) whether a borrower is a small- or medium-sized 
     manufacturer; and
       ``(B) whether a borrower demonstrates that a market exists 
     for the innovative technology product, or the integral 
     component of such product, to be manufactured, as evidenced 
     by written statements of interest from potential purchasers;
       ``(2) criteria that the Secretary shall use to determine 
     the amount of any fees charged under subsection (j), 
     including criteria related to the amount of the obligation;
       ``(3) policies and procedures for selecting and monitoring 
     lenders and loan performance; and
       ``(4) any other policies, procedures, or information 
     necessary to implement this section.
       ``(n) Audit.--
       ``(1) Annual independent audits.--The Secretary shall enter 
     into an arrangement with an independent auditor for annual 
     evaluations of the program under this section.
       ``(2) Comptroller general review.--The Comptroller General 
     shall conduct a biennial review of the Secretary's execution 
     of the program under this section.
       ``(3) Report.--The results of the independent audit under 
     paragraph (1) and the Comptroller General's review under 
     paragraph (2) shall be provided directly to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate.
       ``(o) Report to Congress.--Concurrent with the submission 
     to Congress of the President's annual budget request in each 
     year after the date of enactment of this section, the 
     Secretary shall transmit to the Committee on Science and 
     Technology of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate a 
     report containing a summary of all activities carried out 
     under this section.
       ``(p) Coordination and Nonduplication.--To the maximum 
     extent practicable, the Secretary shall ensure that the 
     activities carried out under this section are coordinated 
     with, and do not duplicate the efforts of, other loan 
     guarantee programs within the Federal Government.
       ``(q) MEP Centers.--The Secretary may use centers 
     established under section 25 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k) to provide 
     information about the program established under this section 
     and to conduct outreach to potential borrowers, as 
     appropriate.
       ``(r) Minimizing Risk.--The Secretary shall promulgate 
     regulations and policies to carry out this section in 
     accordance with Office of Management and Budget Circular No. 
     A-129, entitled `Policies for Federal Credit Programs and 
     Non-Tax Receivables', as in effect on the date of enactment 
     of this section.
       ``(s) Sense of Congress.--It is the sense of Congress that 
     no loan guarantee shall be made under this section unless the 
     borrower agrees to use a federally-approved electronic 
     employment eligibility verification system to verify the 
     employment eligibility of--
       ``(1) all persons hired during the contract term by the 
     borrower to perform employment duties within the United 
     States; and
       ``(2) all persons assigned by the borrower to perform work 
     within the United States on the project.
       ``(t) Definitions.--In this section:
       ``(1) Cost.--The term `cost' has the meaning given such 
     term under section 502 of the Federal Credit Reform Act of 
     1990 (2 U.S.C. 661a).
       ``(2) Innovative process.--The term `innovative process' 
     means a process that is significantly improved as compared to 
     the process in general use in the commercial marketplace in 
     the United States at the time the loan guarantee is issued.
       ``(3) Innovative technology.--The term `innovative 
     technology' means a technology

[[Page 8559]]

     that is significantly improved as compared to the technology 
     in general use in the commercial marketplace in the United 
     States at the time the loan guarantee is issued.
       ``(4) Loan guarantee.--The term `loan guarantee' has the 
     meaning given such term in section 502 of the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan 
     guarantee commitment (as defined in section 502 of such Act 
     (2 U.S.C. 661a)).
       ``(5) Obligation.--The term `obligation' means the loan or 
     other debt obligation that is guaranteed under this section.
       ``(6) Program.--The term `program' means the loan guarantee 
     program established in subsection (a).
       ``(u) Authorization of Appropriations.--
       ``(1) Cost of loan guarantees.--There are authorized to be 
     appropriated $100,000,000 for each of fiscal years 2011 
     through 2013 to provide the cost of loan guarantees under 
     this section.
       ``(2) Principal and interest.--There are authorized to be 
     appropriated such sums as are necessary to carry out 
     subsection (g).''.

     SEC. 503. REGIONAL INNOVATION PROGRAM.

       The Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3701 et seq.) is further amended by adding after 
     section 25, as added by section 502 of this title, the 
     following new section:

     ``SEC. 26. REGIONAL INNOVATION PROGRAM.

       ``(a) Establishment.--The Secretary shall establish a 
     regional innovation program to encourage and support the 
     development of regional innovation strategies, including 
     regional innovation clusters.
       ``(b) Regional Innovation Cluster Grants.--
       ``(1) In general.--As part of the program established under 
     subsection (a), the Secretary may award grants on a 
     competitive basis to eligible recipients for activities 
     relating to the formation and development of regional 
     innovation clusters.
       ``(2) Permissible activities.--Grants awarded under this 
     subsection may be used for activities determined appropriate 
     by the Secretary, including the following:
       ``(A) Feasibility studies.
       ``(B) Planning activities.
       ``(C) Technical assistance.
       ``(D) Developing or strengthening communication and 
     collaboration between and among participants of a regional 
     innovation cluster.
       ``(E) Attracting additional participants to a regional 
     innovation cluster.
       ``(F) Facilitating market development of products and 
     services developed by a regional innovation cluster, 
     including through demonstration, deployment, technology 
     transfer, and commercialization activities.
       ``(G) Developing relationships between a regional 
     innovation cluster and entities or clusters in other regions.
       ``(H) Interacting with the public and State and local 
     governments to meet the goals of the cluster.
       ``(3) Eligible recipient.--For purposes of this subsection, 
     the term `eligible recipient' means any of the following:
       ``(A) A State.
       ``(B) An Indian tribe.
       ``(C) A city or other political subdivision of a State.
       ``(D) An entity that--
       ``(i) is a nonprofit organization, an institution of higher 
     education, a public-private partnership, a science park, a 
     Federal laboratory, or an economic development organization 
     or similar entity; and
       ``(ii) has an application that is supported by a State or a 
     political subdivision of a State.
       ``(E) A consortium of any of the entities listed in 
     subparagraphs (A) through (D).
       ``(4) Application.--
       ``(A) In general.--An eligible recipient shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information and assurances as the 
     Secretary may require.
       ``(B) Components.--The application shall include, at a 
     minimum, a description of the regional innovation cluster 
     supported by the proposed activity, including a description 
     of the following:
       ``(i) Whether the regional innovation cluster is supported 
     by the private sector, State and local governments, and other 
     relevant stakeholders.
       ``(ii) How the existing participants in the regional 
     innovation cluster will encourage and solicit participation 
     by all types of entities that might benefit from 
     participation, including newly formed entities and those 
     rival to existing participants.
       ``(iii) The extent to which the regional innovation cluster 
     is likely to stimulate innovation and have a positive impact 
     on regional economic growth and development.
       ``(iv) Whether the participants in the regional innovation 
     cluster have access to, or contribute to, a well-trained 
     workforce.
       ``(v) Whether the participants in the regional innovation 
     cluster are capable of attracting additional funds from non-
     Federal sources.
       ``(vi) The likelihood that the participants in the regional 
     innovation cluster will be able to sustain activities once 
     grant funds under this subsection have been expended.
       ``(5) Special consideration.--The Secretary shall give 
     special consideration to--
       ``(A) applications from regions that contain communities 
     negatively impacted by trade; and
       ``(B) an eligible recipient who agrees to collaborate with 
     local workforce investment area boards.
       ``(6) Cost share.--The Secretary may not provide more than 
     50 percent of the total cost of any activity funded under 
     this subsection.
       ``(7) Use and application of research and information 
     program.--To the maximum extent practicable, the Secretary 
     shall ensure that activities funded under this subsection use 
     and apply any relevant research, best practices, and metrics 
     developed under the program established in subsection (c).
       ``(c) Regional Innovation Research and Information 
     Program.--
       ``(1) In general.--As part of the program established under 
     subsection (a), the Secretary shall establish a regional 
     innovation research and information program to--
       ``(A) gather, analyze, and disseminate information on best 
     practices for regional innovation strategies (including 
     regional innovation clusters), including information relating 
     to how innovation, productivity, and economic development can 
     be maximized through such strategies;
       ``(B) provide technical assistance, including through the 
     development of technical assistance guides, for the 
     development and implementation of regional innovation 
     strategies (including regional innovation clusters);
       ``(C) support the development of relevant metrics and 
     measurement standards to evaluate regional innovation 
     strategies (including regional innovation clusters), 
     including the extent to which such strategies stimulate 
     innovation, productivity, and economic development; and
       ``(D) collect and make available data on regional 
     innovation cluster activity in the United States, including 
     data on--
       ``(i) the size, specialization, and competitiveness of 
     regional innovation clusters;
       ``(ii) the regional domestic product contribution, total 
     jobs and earnings by key occupations, establishment size, 
     nature of specialization, patents, Federal research and 
     development spending, and other relevant information for 
     regional innovation clusters; and
       ``(iii) supply chain product and service flows within and 
     between regional innovation clusters.
       ``(2) Research grants.--The Secretary may award research 
     grants on a competitive basis to support and further the 
     goals of the program established under this subsection.
       ``(3) Dissemination of information.--Data and analysis 
     compiled by the Secretary under the program established in 
     this subsection shall be made available to other Federal 
     agencies, State and local governments, and nonprofit and for-
     profit entities.
       ``(4) Cluster grant program.--The Secretary shall 
     incorporate data and analysis relating to any regional 
     innovation cluster supported by a grant under subsection (b) 
     into the program established under this subsection.
       ``(d) Interagency Coordination.--
       ``(1) In general.--To the maximum extent practicable, the 
     Secretary shall ensure that the activities carried out under 
     this section are coordinated with, and do not duplicate the 
     efforts of, other programs at the Department of Commerce or 
     other Federal agencies.
       ``(2) Collaboration.--
       ``(A) In general.--The Secretary shall explore and pursue 
     collaboration with other Federal agencies, including through 
     multiagency funding opportunities, on regional innovation 
     strategies.
       ``(B) Small businesses.--The Secretary shall ensure that 
     such collaboration with Federal agencies prioritizes the 
     needs and challenges of small businesses.
       ``(e) Evaluation.--
       ``(1) In general.--Not later than 4 years after the date of 
     enactment of this section, the Secretary shall enter into a 
     contract with an independent entity, such as the National 
     Academy of Sciences, to conduct an evaluation of the program 
     established under subsection (a).
       ``(2) Requirements.--The evaluation shall include--
       ``(A) whether such program is achieving its goals;
       ``(B) any recommendations for how such program may be 
     improved; and
       ``(C) a recommendation as to whether such program should be 
     continued or terminated.
       ``(f) Definitions.--In this section:
       ``(1) Regional innovation cluster.--The term `regional 
     innovation cluster' means a geographically bounded network of 
     similar, synergistic, or complementary entities that--
       ``(A) are engaged in or with a particular industry sector;
       ``(B) have active channels for business transactions and 
     communication;
       ``(C) share specialized infrastructure, labor markets, and 
     services; and
       ``(D) leverage the region's unique competitive strengths to 
     stimulate innovation and create jobs.
       ``(2) State.--The term `State' means one of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or any other 
     territory or possession of the United States.

[[Page 8560]]

       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary for 
     each of fiscal years 2011 through 2013 to carry out this 
     section, including such sums as are necessary to carry out 
     the evaluation required under subsection (e).''.

     SEC. 504. CLEAN ENERGY CONSORTIUM.

       (a) Purpose.--The Secretary shall carry out a program to 
     establish a Clean Energy Consortium to enhance the Nation's 
     economic, environmental, and energy security by promoting 
     commercial application of clean energy technology and 
     ensuring that the United States maintains a technological 
     lead in the development and commercial application of state-
     of-the-art energy technologies. To achieve these purposes the 
     program shall leverage the expertise and resources of the 
     university and private research communities, industry, 
     venture capital, national laboratories, and other 
     participants in energy innovation to support collaborative, 
     cross-disciplinary research and development in areas not 
     being served by the private sector in order to develop and 
     accelerate the commercial application of innovative clean 
     energy technologies.
       (b) Definitions.--For purposes of this section:
       (1) Clean energy technology.--The term ``clean energy 
     technology'' means a technology that--
       (A) produces energy from solar, wind, geothermal, biomass, 
     tidal, wave, ocean, and other renewable energy resources (as 
     such term is defined in section 610 of the Public Utility 
     Regulatory Policies Act of 1978);
       (B) more efficiently transmits, distributes, or stores 
     energy;
       (C) enhances energy efficiency for buildings and industry, 
     including combined heat and power;
       (D) enables the development of a Smart Grid (as described 
     in section 1301 of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17381)), including integration of 
     renewable energy resources and distributed generation, demand 
     response, demand side management, and systems analysis;
       (E) produces an advanced or sustainable material with 
     energy or energy efficiency applications; or
       (F) improves energy efficiency for transportation, 
     including electric vehicles.
       (2) Cluster.--The term ``cluster'' means a network of 
     entities directly involved in the research, development, 
     finance, and commercial application of clean energy 
     technologies whose geographic proximity facilitates 
     utilization and sharing of skilled human resources, 
     infrastructure, research facilities, educational and training 
     institutions, venture capital, and input suppliers.
       (3) Consortium.--The term ``Consortium'' means a Clean 
     Energy Consortium established in accordance with this 
     section.
       (4) Project.--The term ``project'' means an activity with 
     respect to which a Consortium provides support under 
     subsection (e).
       (5) Qualifying entity.--The term ``qualifying entity'' 
     means each of the following:
       (A) A research university.
       (B) A State or Federal institution with a focus on the 
     advancement of clean energy technologies.
       (C) A nongovernmental organization with research or 
     technology transfer expertise in clean energy technology 
     development.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (7) Technology development focus.--The term ``technology 
     development focus'' means the unique clean energy technology 
     or technologies in which a Consortium specializes.
       (8) Translational research.--The term ``translational 
     research'' means coordination of basic or applied research 
     with technical applications to enable promising discoveries 
     or inventions to achieve commercial application of energy 
     technology.
       (c) Role of the Secretary.--The Secretary shall--
       (1) have ultimate responsibility for, and oversight of, all 
     aspects of the program under this section;
       (2) select a recipient of a grant for the establishment and 
     operation of a Consortium through a competitive selection 
     process;
       (3) coordinate the innovation activities of the Consortium 
     with those occurring through other Department of Energy 
     entities, including the National Laboratories, the Advanced 
     Research Projects Agency--Energy, Energy Innovation Hubs, and 
     Energy Frontier Research Collaborations, and within industry, 
     including by annually--
       (A) issuing guidance regarding national energy research and 
     development priorities and strategic objectives; and
       (B) convening a conference of staff of the Department of 
     Energy and representatives from such other entities to share 
     research results, program plans, and opportunities for 
     collaboration.
       (d) Entities Eligible for Support.--A consortium shall be 
     eligible to receive support under this section if--
       (1) it is composed of--
       (A) 2 research universities with a combined annual research 
     budget of $500,000,000; and
       (B) 1 or more additional qualifying entities;
       (2) its members have established a binding agreement that 
     documents--
       (A) the structure of the partnership agreement;
       (B) a governance and management structure to enable cost-
     effective implementation of the program;
       (C) a conflicts of interest policy consistent with 
     subsection (e)(1)(B);
       (D) an accounting structure that meets the requirements of 
     the Department of Energy and can be audited under subsection 
     (f)(4); and
       (E) that it has an External Advisory Committee consistent 
     with subsection (e)(3);
       (3) it receives funding from States, consortium 
     participants, or other non-Federal sources, to be used to 
     support project awards pursuant to subsection (e);
       (4) it is part of an existing cluster or demonstrates high 
     potential to develop a new cluster; and
       (5) it operates as a nonprofit organization.
       (e) Clean Energy Consortium.--
       (1) Role.--The Consortium shall support translational 
     research activities leading to commercial application of 
     clean energy technologies, in accordance with the purposes of 
     this section, through issuance of awards to projects managed 
     by qualifying entities and other entities meeting the 
     Consortium's project criteria, including national 
     laboratories. The Consortium shall--
       (A) develop and make available to the public through the 
     Department of Energy's Web site proposed plans, programs, 
     project selection criteria, and terms for individual project 
     awards under this subsection;
       (B) establish conflict of interest procedures, consistent 
     with those of the Department of Energy, to ensure that 
     employees and designees for Consortium activities who are in 
     decisionmaking capacities disclose all material conflicts of 
     interest, including financial, organizational, and personal 
     conflicts of interest;
       (C) establish policies--
       (i) to prevent resources provided to the Consortium from 
     being used to displace private sector investment otherwise 
     likely to occur, including investment from private sector 
     entities that are members of the Consortium;
       (ii) to facilitate the participation of private entities 
     that invest in clean energy technologies to perform due 
     diligence on award proposals, to participate in the award 
     review process, and to provide guidance to projects supported 
     by the Consortium; and
       (iii) to facilitate the participation of parties with a 
     demonstrated history of commercial application of clean 
     energy technologies in the development of Consortium 
     projects;
       (D) oversee project solicitations, review proposed 
     projects, and select projects for awards; and
       (E) monitor project implementation.
       (2) Distribution of awards.--The Consortium, with prior 
     approval of the Secretary, shall distribute awards under this 
     subsection to support clean energy technology projects 
     conducting translational research, provided that at least 50 
     percent of such support shall be provided to projects related 
     to the Consortium's clean energy technology development 
     focus. Upon approval by the Secretary, all remaining funds 
     shall be available to support any clean energy technology 
     projects conducting translational research.
       (3) External advisory committee.--
       (A) In general.--The Consortium shall establish an External 
     Advisory Committee, the members of which shall have extensive 
     and relevant scientific, technical, industry, financial, or 
     research management expertise. The External Advisory 
     Committee shall review the Consortium's proposed plans, 
     programs, project selection criteria, and projects and shall 
     ensure that projects selected for awards meet the conflict of 
     interest policies of the Consortium. External Advisory 
     Committee members other than those representing Consortium 
     members shall serve for no more than 3 years. All External 
     Advisory Committee members shall comply with the Consortium's 
     conflict of interest policies and procedures.
       (B) Members.--The External Advisory Committee shall consist 
     of--
       (i) 5 members selected by the Consortium's research 
     universities;
       (ii) 2 members selected by the Consortium's other 
     qualifying entities;
       (iii) 2 members selected at large by other External 
     Advisory Committee members to represent the entrepreneur and 
     venture capital communities; and
       (iv) 1 member appointed by the Secretary.
       (4) Conflict of interest.--The Secretary may disqualify an 
     application or revoke funds distributed to the Consortium if 
     the Secretary discovers a failure to comply with conflict of 
     interest procedures established under paragraph (1)(B).
       (f) Grant.--
       (1) In general.--The Secretary shall make a grant under 
     this section in accordance with section 989 of the Energy 
     Policy Act of 2005 (42 U.S.C. 16353). The Secretary shall 
     award the grant, on a competitive basis, to 1 regional 
     Consortium, for a term of 3 years.
       (2) Amount.--A grant under this subsection shall be in an 
     amount not greater than $10,000,000 per fiscal year over the 
     3 years of the term of the grant.
       (3) Use.--The grant distributed under this section shall be 
     used exclusively to support project awards pursuant to 
     subsection (e)(1) and (2), provided that the Consortium may 
     use not more than 10 percent of the amount

[[Page 8561]]

     of such grant for its administrative expenses related to 
     making such awards. The grant made under this section shall 
     not be used for construction of new buildings or facilities, 
     and construction of new buildings or facilities shall not be 
     considered as part of the non-Federal share of a cost sharing 
     agreement under this section.
       (4) Audit.--The Consortium shall conduct, in accordance 
     with such requirements as the Secretary may prescribe, an 
     annual audit to determine the extent to which a grant 
     distributed to the Consortium under this subsection, and 
     awards under subsection (e), have been utilized in a manner 
     consistent with this section. The auditor shall transmit a 
     report of the results of the audit to the Secretary and to 
     the Government Accountability Office. The Secretary shall 
     include such report in an annual report to Congress, along 
     with a plan to remedy any deficiencies cited in the report. 
     The Government Accountability Office may review such audits 
     as appropriate and shall have full access to the books, 
     records, and personnel of the Consortium to ensure that the 
     grant distributed to the Consortium under this subsection, 
     and awards made under subsection (e), have been utilized in a 
     manner consistent with this section.
       (5) Revocation of awards.--The Secretary shall have 
     authority to review awards made under this subsection and to 
     revoke such awards if the Secretary determines that the 
     Consortium has used the award in a manner not consistent with 
     the requirements of this section.

                     TITLE VI--DEPARTMENT OF ENERGY

                     Subtitle A--Office of Science

     SEC. 601. SHORT TITLE.

       This subtitle may be cited as the ``Department of Energy 
     Office of Science Authorization Act of 2010''.

     SEC. 602. DEFINITIONS.

       Except as otherwise provided, in this subtitle:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Science.
       (3) Office of science.--The term ``Office of Science'' 
     means the Department of Energy Office of Science.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 603. MISSION OF THE OFFICE OF SCIENCE.

       (a) Mission.--The mission of the Office of Science shall be 
     the delivery of scientific discoveries, capabilities, and 
     major scientific tools to transform the understanding of 
     nature and to advance the energy, economic, and national 
     security of the United States.
       (b) Duties.--In support of this mission, the Secretary 
     shall carry out, through the Office of Science, programs on 
     basic energy sciences, biological and environmental research, 
     advanced scientific computing research, fusion energy 
     sciences, high energy physics, and nuclear physics through 
     activities focused on--
       (1) Science for Discovery to unravel nature's mysteries 
     through the study of subatomic particles, atoms, and 
     molecules that make up the materials of our everyday world to 
     DNA, proteins, cells, and entire biological systems;
       (2) Science for National Need by--
       (A) advancing a clean energy agenda through research on 
     energy production, storage, transmission, efficiency, and 
     use; and
       (B) advancing our understanding of the Earth's climate 
     through research in atmospheric and environmental sciences 
     and climate change; and
       (3) National Scientific User Facilities to deliver the 21st 
     century tools of science, engineering, and technology and 
     provide the Nation's researchers with the most advanced tools 
     of modern science including accelerators, colliders, 
     supercomputers, light sources and neutron sources, and 
     facilities for studying the nanoworld.
       (c) Supporting Activities.--The activities described in 
     subsection (b) shall include providing for relevant 
     facilities and infrastructure, analysis, coordination, and 
     education and outreach activities.
       (d) User Facilities.--The Director shall carry out the 
     construction, operation, and maintenance of user facilities 
     to support the activities described in subsection (b). As 
     practicable, these facilities shall serve the needs of the 
     Department, industry, the academic community, and other 
     relevant entities for the purposes of advancing the missions 
     of the Department.
       (e) Other Authorized Activities.--In addition to the 
     activities authorized under this subtitle, the Office of 
     Science shall carry out such other activities it is 
     authorized or required to carry out by law.
       (f) Coordination and Joint Activities.--The Department's 
     Under Secretary for Science shall ensure the coordination of 
     activities under this subtitle with the other activities of 
     the Department, and shall support joint activities among the 
     programs of the Department.
       (g) Domestically Sourced Hardware.--
       (1) Plan.--The Director shall develop a plan to increase 
     the percentage of domestically sourced hardware for planned 
     and ongoing projects of the Office of Science. In developing 
     this plan, the Director shall--
       (A) give consideration to technologies that the United 
     States does not currently have the capacity to manufacture 
     and to procurement activities that can strengthen United 
     States high-technology competitiveness broadly;
       (B) seek opportunities to engage and partner with domestic 
     manufacturers; and
       (C) annually assess levels of domestically available goods 
     relevant to planned and ongoing projects of the Office of 
     Science.
       (2) International agreements.--This subsection shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
       (3) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, the Director shall transmit 
     the plan developed under this subsection to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Science and Technology of the House of Representatives, 
     and shall transmit any appropriate updates to those 
     committees.
       (h) Merit-Reviewed Study.--As part of the President's 
     annual budget request, the Secretary shall include a detailed 
     summary of the degree to which current research activities 
     are competitive and merit-reviewed, including a list of 
     activities that would have been undertaken in the absence of 
     Congressionally-directed projects and an analysis of the 
     effects of increasing the proportion of competitive, merit-
     reviewed activities on the strategic objectives of the Office 
     of Science.

     SEC. 604. BASIC ENERGY SCIENCES PROGRAM.

       (a) Program.--As part of the activities authorized under 
     section 603, the Director shall carry out a program in basic 
     energy sciences, including materials sciences and 
     engineering, chemical sciences, physical biosciences, and 
     geosciences, for the purpose of providing the scientific 
     foundations for new energy technologies.
       (b) Basic Energy Sciences User Facilities.--
       (1) In general.--The Director shall carry out a program for 
     the construction, operation, and maintenance of national user 
     facilities to support the program under this section. As 
     practicable, these facilities shall serve the needs of the 
     Department, industry, the academic community, and other 
     relevant entities to create and examine new materials and 
     chemical processes for the purposes of advancing new energy 
     technologies and improving the competitiveness of the United 
     States. These facilities shall include--
       (A) x-ray light sources;
       (B) neutron sources;
       (C) electron beam microcharacterization centers;
       (D) nanoscale science research centers; and
       (E) other facilities the Director considers appropriate, 
     consistent with section 603(d).
       (2) Facility construction and upgrades.--Consistent with 
     the Office of Science's project management practices, the 
     Director shall support construction of--
       (A) the National Synchrotron Light Source II;
       (B) a Second Target Station at the Spallation Neutron 
     Source; and
       (C) an upgrade of the Advanced Photon Source to improve 
     brightness and performance.
       (c) Energy Frontier Research Centers.--
       (1) In general.--The Director shall carry out a grant 
     program to provide awards, on a competitive, merit-reviewed 
     basis, to multi-institutional collaborations or other 
     appropriate entities to conduct fundamental and use-inspired 
     energy research to accelerate scientific breakthroughs 
     related to needs identified in--
       (A) the Grand Challenges report of the Department's Basic 
     Energy Sciences Advisory Committee;
       (B) the Basic Energy Sciences Basic Research Needs workshop 
     reports;
       (C) energy-related Grand Challenges for Engineering, as 
     described by the National Academy of Engineering; or
       (D) other relevant reports identified by the Director.
       (2) Collaborations.--A collaboration receiving a grant 
     under this subsection may include multiple types of 
     institutions and private sector entities.
       (3) Selection and duration.--
       (A) In general.--A collaboration under this subsection 
     shall be selected for a period of 5 years.
       (B) Reapplication.--After the end of the period described 
     in subparagraph (A), a grantee may reapply for selection for 
     a second period of 5 years on a competitive, merit-reviewed 
     basis.
       (4) No funding for construction.--No funding provided 
     pursuant to this subsection may be used for the construction 
     of new buildings or facilities.
       (d) Accelerator Research and Development.--The Director 
     shall carry out research and development on advanced 
     accelerator technologies relevant to the development of Basic 
     Energy Sciences user facilities, in consultation with the 
     Office of Science's High Energy Physics and Nuclear Physics 
     programs.

     SEC. 605. BIOLOGICAL AND ENVIRONMENTAL RESEARCH PROGRAM.

       (a) In General.--As part of the activities authorized under 
     section 603, and coordinated with the activities authorized 
     in section 604, the Director shall carry out a program of 
     research, development, and demonstration in the areas of 
     biological systems

[[Page 8562]]

     science and climate and environmental science to support the 
     energy and environmental missions of the Department.
       (b) Biological Systems Science Activities.--
       (1) Activities.--As part of the activities authorized under 
     subsection (a), the Director shall carry out research, 
     development, and demonstration activities in fundamental, 
     structural, computational, and systems biology to increase 
     systems-level understanding of complex biological systems, 
     which shall include activities to--
       (A) accelerate breakthroughs and new knowledge that will 
     enable cost-effective sustainable production of--
       (i) biomass-based liquid transportation fuels, including 
     hydrogen;
       (ii) bioenergy; and
       (iii) biobased products,
     that support the energy and environmental missions of the 
     Department;
       (B) improve understanding of the global carbon cycle, 
     including processes for removing carbon dioxide from the 
     atmosphere, through photosynthesis and other biological 
     processes, for sequestration and storage; and
       (C) understand the biological mechanisms used to destroy, 
     immobilize, or remove contaminants from subsurface 
     environments.
       (2) Research plan.--
       (A) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall prepare and 
     transmit to Congress a research plan describing how the 
     activities authorized under this subsection will be 
     undertaken.
       (B) Utilization of existing plan.--In developing the plan 
     in subparagraph (A), the Director may utilize an existing 
     research plan and update such plan to incorporate the 
     activities identified in paragraph (1).
       (C) Updates.--Not later than 3 years after the initial 
     report under this paragraph, and at least once every 3 years 
     thereafter, the Director shall update the research plan and 
     transmit it to Congress.
       (3) Bioenergy research centers.--
       (A) In general.--In carrying out the activities under 
     paragraph (1), the Director shall support at least 3 
     bioenergy research centers to accelerate basic biological 
     research, development, demonstration, and commercial 
     application of biomass-based liquid transportation fuels, 
     bioenergy, and biobased products that support the energy and 
     environmental missions of the Department and are produced 
     from a variety of regionally diverse feedstocks.
       (B) Geographic distribution.--The Director shall ensure 
     that the bioenergy research centers under this paragraph are 
     established in geographically diverse locations.
       (C) Selection and duration.--A center established under 
     subparagraph (A) shall be selected on a competitive, merit-
     reviewed basis for a period of 5 years beginning on the date 
     of establishment of that center. A center already in 
     existence on the date of enactment of this Act may continue 
     to receive support for a period of 5 years beginning on the 
     date of establishment of that center.
       (4) Enabling synthetic biology plan.--
       (A) In general.--The Secretary, in consultation with other 
     relevant Federal agencies, the academic community, research-
     based nonprofit entities, and the private sector, shall 
     develop a comprehensive plan for federally supported research 
     and development activities that will support the energy and 
     environmental missions of the Department and enable a 
     competitive synthetic biology industry in the United States.
       (B) Plan.--The plan developed under subparagraph (A) shall 
     assess the need to create a database for synthetic biology 
     information, the need and process for developing standards 
     for biological parts, components and systems, and the need 
     for a federally funded facility that enables the discovery, 
     design, development, production, and systematic use of parts, 
     components, and systems created through synthetic biology. 
     The plan shall describe the role of the Federal Government in 
     meeting these needs.
       (C) Submission to congress.--The Secretary shall transmit 
     the plan developed under subparagraph (A) to the Congress not 
     later than 9 months after the date of enactment of this Act.
       (5) Computational biology and systems biology 
     knowledgebase.--As part of the activities described in 
     paragraph (1), the Director, in collaboration with the 
     Advanced Scientific Computing Research program described in 
     section 606, shall carry out research in computational 
     biology, acquire or otherwise ensure the availability of 
     hardware for biology-specific computation, and establish and 
     maintain an open virtual database and information management 
     system to centrally integrate systems biology data, 
     analytical software, and computational modeling tools that 
     will allow data sharing and free information exchange within 
     the scientific community.
       (6) Prohibition on biomedical and human cell and human 
     subject research.--
       (A) No biomedical research.--In carrying out activities 
     under subsection (b), the Secretary shall not conduct 
     biomedical research.
       (B) Limitations.--Nothing in subsection (b) shall authorize 
     the Secretary to conduct any research or demonstrations--
       (i) on human cells or human subjects; or
       (ii) designed to have direct application with respect to 
     human cells or human subjects.
       (C) Information sharing.--Nothing in this paragraph shall 
     restrict the Department from sharing information, including 
     research findings, research methodologies, models, or any 
     other information, with any Federal agency.
       (7) Repeal.--Section 977 of the Energy Policy Act of 2005 
     (42 U.S.C. 16317) is repealed.
       (c) Climate and Environmental Sciences Activities.--
       (1) In general.--As part of the activities authorized under 
     subsection (a), the Director shall carry out climate and 
     environmental science research, which shall include 
     activities to--
       (A) understand, observe, and model the response of the 
     Earth's atmosphere and biosphere, including oceans and the 
     Great Lakes, to increased concentrations of greenhouse gas 
     emissions, and any associated changes in climate;
       (B) understand the processes for sequestration, 
     destruction, immobilization, or removal of, and understand 
     the movement of, contaminants and carbon in subsurface 
     environments, including at facilities of the Department; and
       (C) inform potential mitigation and adaptation options for 
     increased concentrations of greenhouse gas emissions and any 
     associated changes in climate.
       (2) Subsurface biogeochemistry research.--
       (A) In general.--As part of the activities described in 
     paragraph (1), the Director shall carry out research to 
     advance a fundamental understanding of coupled physical, 
     chemical, and biological processes for controlling the 
     movement of sequestered carbon and subsurface environmental 
     contaminants, including field observations of subsurface 
     microorganisms and field-scale subsurface research.
       (B) Coordination.--
       (i) Director.--The Director shall carry out activities 
     under this paragraph in accordance with priorities 
     established by the Department's Under Secretary for Science 
     to support and accelerate the decontamination of relevant 
     facilities managed by the Department.
       (ii) Under secretary for science.--The Department's Under 
     Secretary for Science shall ensure the coordination of the 
     activities of the Department, including activities under this 
     paragraph, to support and accelerate the decontamination of 
     relevant facilities managed by the Department.
       (3) Next-generation ecosystem-climate experiment.--
       (A) In general.--As part of the activities described in 
     paragraph (1), the Director, in collaboration with other 
     relevant agencies that are participants in the United States 
     Global Change Research Program, shall carry out the selection 
     and development of a next-generation ecosystem-climate change 
     experiment to understand the impact and feedbacks of 
     increased temperature and elevated carbon levels on 
     ecosystems.
       (B) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall transmit to the 
     Congress a report containing--
       (i) an identification of the location or locations that 
     have been selected for the experiment described in 
     subparagraph (A);
       (ii) a description of the need for additional experiments; 
     and
       (iii) an associated research plan.
       (4) Ameriflux network coordination and research.--As part 
     of the activities described in paragraph (1), the Director 
     shall carry out research and coordinate the AmeriFlux Network 
     to directly observe and understand the exchange of greenhouse 
     gases, water vapor, and heat energy within terrestrial 
     ecosystems and the response of those systems to climate 
     change and other dynamic terrestrial landscape changes. The 
     Director, in collaboration with other relevant Federal 
     agencies, shall--
       (A) identify opportunities to incorporate innovative and 
     emerging observation technologies and practices into the 
     existing Network;
       (B) conduct research to determine the need for increased 
     greenhouse gas observation Network facilities across North 
     America to meet future mitigation and adaptation needs of the 
     United States; and
       (C) examine how the technologies and practices described in 
     subparagraph (A), and increased coordination among scientific 
     communities through the Network, have the potential to help 
     characterize terrestrial baseline greenhouse gas emission 
     sources and sinks in the United States and internationally.
       (5) Climate and earth modeling.--As part of the activities 
     described in paragraph (1), the Director, in collaboration 
     with the Advanced Scientific Computing Research program 
     described in section 606, shall carry out research to 
     develop, evaluate, and use high-resolution regional climate, 
     global climate, Earth, and predictive models to inform 
     decisions on reducing the impacts of changing climate.
       (6) Integrated assessment research.--As part of the 
     activities described in paragraph (1), the Director shall 
     carry out research into options for mitigation of and 
     adaptation to climate change through multiscale models of

[[Page 8563]]

     the entire climate system. Such modeling shall include human 
     processes and greenhouse gas emissions, land use, and 
     interaction among human and Earth systems.
       (7) Coordination.--The Director shall coordinate activities 
     under this subsection with other Office of Science activities 
     and with the United States Global Change Research Program.
       (d) User Facilities and Ancillary Equipment.--
       (1) In general.--The Director shall carry out a program for 
     the construction, operation, and maintenance of user 
     facilities to support the program under this section. As 
     practicable, these facilities shall serve the needs of the 
     Department, industry, the academic community, and other 
     relevant entities.
       (2) Included functions.--User facilities described in 
     paragraph (1) shall include facilities which carry out--
       (A) genome sequencing and analysis of plants, microbes, and 
     microbial communities using high throughput tools, 
     technologies, and comparative analysis;
       (B) molecular level research in biological, chemical, 
     environmental, and subsurface sciences, including synthesis, 
     dynamic properties, and interactions among natural and 
     engineered materials; and
       (C) measurement of cloud and aerosol properties used for 
     examining atmospheric processes and evaluating climate model 
     performance, including ground stations at various locations, 
     mobile resources, and aerial vehicles.

     SEC. 606. ADVANCED SCIENTIFIC COMPUTING RESEARCH PROGRAM.

       (a) In General.--As part of the activities authorized under 
     section 603, the Director shall carry out a research, 
     development, demonstration, and commercial application 
     program to advance computational and networking capabilities 
     to analyze, model, simulate, and predict complex phenomena 
     relevant to the development of new energy technologies and 
     the competitiveness of the United States.
       (b) Coordination.--
       (1) Director.--The Director shall carry out activities 
     under this section in accordance with priorities established 
     by the Department's Under Secretary for Science to determine 
     and meet the computational and networking research and 
     facility needs of the Office of Science and all other 
     relevant energy technology and energy efficiency programs 
     within the Department.
       (2) Under secretary for science.--The Department's Under 
     Secretary for Science shall ensure the coordination of the 
     activities of the Department, including activities under this 
     section, to determine and meet the computational and 
     networking research and facility needs of the Office of 
     Science and all other relevant energy technology and energy 
     efficiency programs within the Department.
       (c) Research To Support Energy Applications.--As part of 
     the activities authorized under subsection (a), the program 
     shall support research in high-performance computing and 
     networking relevant to energy applications, including both 
     basic and applied energy research programs carried out by the 
     Secretary.
       (d) Reports.--
       (1) Advanced computing for energy applications.--Not later 
     than one year after the date of enactment of this Act, the 
     Secretary shall transmit to the Congress a plan to integrate 
     and leverage the expertise and capabilities of the program 
     described in subsection (a), as well as other relevant 
     computational and networking research programs and resources 
     supported by the Federal Government, to advance the missions 
     of the Department's applied energy and energy efficiency 
     programs, including the development of smart grid 
     technologies.
       (2) Exascale computing.--At least 18 months prior to the 
     initiation of construction or installation of any exascale-
     class computing facility, the Secretary shall transmit a plan 
     to the Congress detailing--
       (A) the proposed facility's cost projections and 
     capabilities to significantly accelerate the development of 
     new energy technologies;
       (B) technical risks and challenges that must be overcome to 
     achieve successful completion and operation of the facility; 
     and
       (C) an assessment of the scientific and technological 
     advances expected from such a facility relative to those 
     expected from a comparable investment in expanded research 
     and applications at terascale-class and petascale-class 
     computing facilities.
       (e) Applied Mathematics and Software Development for High-
     End Computing Systems.--The Director shall carry out 
     activities to develop, test, and support mathematics, models, 
     and algorithms for complex systems, as well as programming 
     environments, tools, languages, and operating systems for 
     high-end computing systems (as defined in section 2 of the 
     Department of Energy High-End Computing Revitalization Act of 
     2004 (15 U.S.C. 5541)).
       (f) High-End Computing Facilities.--The Director shall--
       (1) provide for sustained access by the public and private 
     research community in the United States to high-end computing 
     systems, including access to the National Energy Research 
     Scientific Computing Center and to Leadership Systems (as 
     defined in section 2 of the Department of Energy High-End 
     Computing Revitalization Act of 2004 (15 U.S.C. 5541));
       (2) provide technical support for users of such systems; 
     and
       (3) conduct research and development on next-generation 
     computing architectures and platforms to support the missions 
     of the Department.
       (g) Outreach.--The Secretary shall conduct outreach 
     programs and may form partnerships to increase the use of and 
     access to high-performance computing modeling and simulation 
     capabilities by industry, including manufacturers.

     SEC. 607. FUSION ENERGY RESEARCH PROGRAM.

       (a) Program.--As part of the activities authorized under 
     section 603, the Director shall carry out a fusion energy 
     sciences research and enabling technology development program 
     to effectively address the scientific and engineering 
     challenges to building a cost-competitive fusion power plant 
     and a competitive fusion power industry in the United States. 
     As part of this program, the Director shall carry out 
     research activities to expand the fundamental understanding 
     of plasmas and matter at very high temperatures and 
     densities.
       (b) ITER.--The Director shall coordinate and carry out the 
     responsibilities of the United States with respect to the 
     ITER international fusion project pursuant to the Agreement 
     on the Establishment of the ITER International Fusion Energy 
     Organization for the Joint Implementation of the ITER 
     Project.
       (c) Identification of Priorities.--Not later than 18 months 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Congress a report on the Department's 
     proposed research and development activities in magnetic 
     fusion over the 10 years following the date of enactment of 
     this Act under four realistic budget scenarios. The report 
     shall--
       (1) identify specific areas of fusion energy research and 
     enabling technology development in which the United States 
     can and should establish or solidify a lead in the global 
     fusion energy development effort; and
       (2) identify priorities for initiation of facility 
     construction and facility decommissioning under each of those 
     scenarios.
       (d) Fusion Materials Research and Development.--The 
     Director, in coordination with the Assistant Secretary for 
     Nuclear Energy of the Department, shall carry out research 
     and development activities to identify, characterize, and 
     create materials that can endure the neutron, plasma, and 
     heat fluxes expected in a commercial fusion power plant. As 
     part of the activities authorized under subsection (c), the 
     Secretary shall--
       (1) provide an assessment of the need for a facility or 
     facilities that can examine and test potential fusion and 
     next generation fission materials and other enabling 
     technologies relevant to the development of commercial fusion 
     power plants; and
       (2) provide an assessment of whether a single new facility 
     that substantially addresses magnetic fusion, inertial 
     fusion, and next generation fission materials research needs 
     is feasible, in conjunction with the expected capabilities of 
     facilities operational as of the date of enactment of this 
     Act.
       (e) Enabling Technology Development.--The Secretary shall 
     carry out activities to develop technologies necessary to 
     enable the reliable, sustainable, safe, and economically 
     competitive operation of a commercial fusion power plant.
       (f) Fusion Simulation Project.--In collaboration with the 
     Office of Science's Advanced Scientific Computing Research 
     program described in section 606, the Director shall carry 
     out a computational project to advance the capability of 
     fusion researchers to accurately simulate an entire fusion 
     energy system.
       (g) Inertial Fusion Energy Research and Development 
     Program.--The Secretary shall carry out a program of research 
     and technology development in inertial fusion for energy 
     applications, including ion beam and laser fusion. Not later 
     than 180 days after the release of a report from the National 
     Academies on inertial fusion energy research, the Secretary 
     shall transmit to Congress a report describing the 
     Department's plan to incorporate any relevant recommendations 
     from the National Academies' report into this program.

     SEC. 608. HIGH ENERGY PHYSICS PROGRAM.

       (a) Program.--As part of the activities authorized under 
     section 603, the Director shall carry out a research program 
     on the elementary constituents of matter and energy and the 
     nature of space and time.
       (b) Neutrino Research.--As part of the program described in 
     subsection (a), the Director shall carry out research 
     activities on rare decay processes and the nature of the 
     neutrino, which may--
       (1) include collaborations with the National Science 
     Foundation on relevant projects; and
       (2) utilize components of existing accelerator facilities 
     to produce neutrino beams of sufficient intensity to explore 
     research priorities identified by the High Energy Physics 
     Advisory Panel or the National Academy of Sciences.
       (c) Dark Energy and Dark Matter Research.--As part of the 
     program described in

[[Page 8564]]

     subsection (a), the Director shall carry out research 
     activities on the nature of dark energy and dark matter. 
     These activities shall be consistent with research priorities 
     identified by the High Energy Physics Advisory Panel or the 
     National Academy of Sciences, and may include--
       (1) the development of space-based and land-based 
     facilities and experiments; and
       (2) collaborations with the National Aeronautics and Space 
     Administration, the National Science Foundation, or 
     international collaborations on relevant research projects.
       (d) Accelerator Research and Development.--The Director 
     shall carry out research and development in advanced 
     accelerator concepts and technologies to reduce the necessary 
     scope and cost for the next generation of particle 
     accelerators.
       (e) International Collaboration.--The Director, as 
     practicable and in coordination with other appropriate 
     Federal agencies as necessary, shall ensure the access of 
     United States researchers to the most advanced accelerator 
     facilities and research capabilities in the world, including 
     the Large Hadron Collider.

     SEC. 609. NUCLEAR PHYSICS PROGRAM.

       (a) Program.--As part of the activities authorized under 
     section 603, the Director shall carry out a research program, 
     and support relevant facilities, to discover and understand 
     various forms of nuclear matter.
       (b) Facility Construction and Upgrades.--Consistent with 
     the Office of Science's project management practices, the 
     Director shall carry out--
       (1) an upgrade of the Continuous Electron Beam Accelerator 
     Facility to a 12 gigaelectronvolt beam of electrons; and
       (2) construction of the Facility for Rare Isotope Beams.
       (c) Isotope Development and Production for Research 
     Applications.--The Director shall carry out a program for the 
     production of isotopes, including the development of 
     techniques to produce isotopes, that the Secretary determines 
     are needed for research, excluding medical research. In 
     making this determination, the Secretary shall consider any 
     relevant recommendations made by Federal advisory committees, 
     the National Academies, and interagency working groups in 
     which the Department participates.

     SEC. 610. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.

       (a) Program.--The Director shall carry out a program to 
     improve the safety, efficiency, and mission readiness of 
     infrastructure at Office of Science laboratories. The program 
     shall include projects to--
       (1) renovate or replace space that does not meet research 
     needs;
       (2) replace facilities that are no longer cost effective to 
     renovate or operate;
       (3) modernize utility systems to prevent failures and 
     ensure efficiency;
       (4) remove excess facilities to allow safe and efficient 
     operations; and
       (5) construct modern facilities to conduct advanced 
     research in controlled environmental conditions.
       (b) Minor Construction Projects.--
       (1) Authority.--Using operation and maintenance funds or 
     facilities and infrastructure funds authorized by law, the 
     Secretary may carry out minor construction projects with 
     respect to laboratories administered by the Office of 
     Science.
       (2) Annual report.--The Secretary shall submit to Congress, 
     as part of the annual budget submission of the Department, a 
     report on each exercise of the authority under subsection (a) 
     during the preceding fiscal year. Each report shall include a 
     summary of maintenance and infrastructure needs and 
     associated funding requirements at each of the laboratories, 
     including the amount of both planned and deferred 
     infrastructure spending at each laboratory. Each report shall 
     provide a brief description of each minor construction 
     project covered by the report.
       (3) Cost variation reports.--If, at any time during the 
     construction of any minor construction project, the estimated 
     cost of the project is revised and the revised cost of the 
     project exceeds the minor construction threshold, the 
     Secretary shall immediately submit to Congress a report 
     explaining the reasons for the cost variation.
       (4) Definitions.--In this section--
       (A) the term ``minor construction project'' means any plant 
     project not specifically authorized by law for which the 
     approved total estimated cost does not exceed the minor 
     construction threshold; and
       (B) the term ``minor construction threshold'' means 
     $10,000,000, with such amount to be adjusted by the Secretary 
     in accordance with the Engineering News-Record Construction 
     Cost Index, or an appropriate alternative index as determined 
     by the Secretary, once every five years after the date of 
     enactment of this Act.
       (5) Nonapplicability.--Sections 4703 and 4704 of the Atomic 
     Energy Defense Act (50 U.S.C. 2743 and 2744) shall not apply 
     to laboratories administered by the Office of Science.

     SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     for the activities of the Office of Science--
       (1) $5,247,000,000 for fiscal year 2011, of which--
       (A) $1,875,000,000 shall be for Basic Energy Sciences 
     activities under section 604;
       (B) $667,000,000 shall be for Biological and Environmental 
     Research activities under section 605; and
       (C) $466,000,000 shall be for Advanced Scientific Computing 
     Research activities under section 606;
       (2) $5,614,000,000 for fiscal year 2012, of which--
       (A) $2,025,000,000 shall be for Basic Energy Sciences 
     activities under section 604;
       (B) $720,000,000 shall be for Biological and Environmental 
     Research activities under section 605; and
       (C) $503,000,000 shall be for Advanced Scientific Computing 
     Research activities under section 606; and
       (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.

         Subtitle B--Advanced Research Projects Agency--Energy

     SEC. 621. SHORT TITLE.

       This subtitle may be cited as the ``ARPA-E Reauthorization 
     Act of 2010''.

     SEC. 622. ARPA-E AMENDMENTS.

       Section 5012 of the America COMPETES Act (42 U.S.C. 16538) 
     is amended--
       (1) in subsection (c)(2)--
       (A) in subparagraph (A), by inserting ``and applied'' after 
     ``advances in fundamental'';
       (B) by striking ``and'' at the end of subparagraph (B);
       (C) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (D) by adding at the end the following new subparagraph:
       ``(D) promoting the commercial application of advanced 
     energy technologies.'';
       (2) in subsection (e)(3), by amending subparagraph (C) to 
     read as follows:
       ``(C) research and development of advanced manufacturing 
     process and technologies for the domestic manufacturing of 
     novel energy technologies; and'';
       (3) in subsection (e)--
       (A) by striking ``and'' at the end of paragraph (3)(D);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) pursuant to subsection (c)(2)(C)--
       ``(A) ensuring that applications for funding disclose the 
     extent of current and prior efforts, including monetary 
     investments as appropriate, in pursuit of the technology area 
     for which funding is being requested;
       ``(B) adopting measures to ensure that, in making awards, 
     program managers adhere to the objectives in subsection 
     (c)(2)(C); and
       ``(C) providing as part of the annual report required by 
     subsection (h)(1) a summary of the instances of and reasons 
     for ARPA-E funding projects in technology areas already being 
     undertaken by industry.'';
       (4) by redesignating subsections (f) through (m) as 
     subsections (g), (h), (i), (j), (l), (m), (n), and (o), 
     respectively;
       (5) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Awards.--In carrying out this section, the Director 
     may initiate and execute awards in the form of grants, 
     contracts, cooperative agreements, cash prizes, and other 
     transactions. The Director shall make awards designed to 
     overcome the long-term and high-risk barriers relating to the 
     goals and means set forth in subsection (c) and facilitate 
     submissions, where possible by small businesses and 
     entrepreneurs, pursuant to announcements published not less 
     frequently than annually, of funding opportunities for--
       ``(1) specific areas of technological innovation; and
       ``(2) broadly defined areas of science and technology,
     to remain open for periods of one year.'';
       (6) in subsection (g), as so redesignated by paragraph (4) 
     of this section--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (B) by inserting before paragraph (2), as so redesignated 
     by subparagraph (A) of this paragraph, the following new 
     paragraph:
       ``(1) In general.--The Director shall establish and 
     maintain within ARPA-E a staff with sufficient qualifications 
     and expertise to enable ARPA-E to carry out its 
     responsibilities under this section in conjunction with the 
     operations of the rest of the Department.'';
       (C) in paragraph (2)(A), as so redesignated by subparagraph 
     (A) of this paragraph--
       (i) in the paragraph heading, by striking ``Program 
     managers'' and inserting ``Program directors'';
       (ii) by striking ``program managers'' and inserting 
     ``program directors''; and
       (iii) by striking ``each of'';
       (D) in paragraph (2)(B), as so redesignated by subparagraph 
     (A) of this paragraph--
       (i) by striking ``program manager'' and inserting ``program 
     director'';
       (ii) in clause (iv), by striking ``, with advice under 
     subsection (j) as appropriate,'';
       (iii) by redesignating clauses (v) and (vi) as clauses (vi) 
     and (viii), respectively;

[[Page 8565]]

       (iv) by inserting after clause (iv) the following new 
     clause:
       ``(v) identifying innovative cost-sharing arrangements for 
     ARPA-E projects, including through use of the authority under 
     section 988(b)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
     16352(b)(3));'';
       (v) in clause (vi), as so redesignated by clause (iii) of 
     this subparagraph, by striking ``; and'' and inserting a 
     semicolon; and
       (vi) by inserting after clause (vi), as so redesignated by 
     clause (iii) of this subparagraph, the following new clause:
       ``(vii) identifying mechanisms for commercial application 
     of successful energy technology development projects, 
     including through establishment of partnerships between 
     awardees and commercial entities; and'';
       (E) in paragraph (2)(C), as so redesignated by subparagraph 
     (A) of this paragraph, by inserting ``up to'' after ``shall 
     be'';
       (F) in paragraph (3)(B), as so redesignated by subparagraph 
     (A) of this paragraph, by striking ``not less than 70, and 
     not more than 120,'' and inserting ``not more than 120''; and
       (G) by adding at the end the following new paragraph:
       ``(4) Fellowships.--The Director is authorized to select 
     exceptional early-career and senior scientific, legal, 
     business, and technical personnel to serve as fellows to work 
     at ARPA-E for terms not to exceed two years. Responsibilities 
     of fellows may include--
       ``(A) supporting program directors in program creation, 
     design, implementation, and management;
       ``(B) exploring technical fields for future ARPA-E program 
     areas;
       ``(C) assisting the Director in the creation of the 
     strategic vision for ARPA-E referred to in subsection (h)(2);
       ``(D) preparing energy technology and economic analyses; 
     and
       ``(E) any other appropriate responsibilities identified by 
     the Director.'';
       (7) in subsection (h)(2), as so redesignated by paragraph 
     (4) of this section--
       (A) by striking ``2008'' and inserting ``2010''; and
       (B) by striking ``2011'' and inserting ``2013'';
       (8) by amending subsection (j), as so redesignated by 
     paragraph (4) of this section, to read as follows:
       ``(j) Federal Demonstration of Technologies.--The Director 
     shall seek opportunities to partner with purchasing and 
     procurement programs of Federal agencies to demonstrate 
     energy technologies resulting from activities funded through 
     ARPA-E.'';
       (9) by inserting after such subsection (j) the following 
     new subsection:
       ``(k) Events.--
       ``(1) The Director is authorized to convene, organize, and 
     sponsor events that further the objectives of ARPA-E, 
     including events that assemble awardees, the most promising 
     applicants for ARPA-E funding, and a broad range of ARPA-E 
     stakeholders (which may include members of relevant 
     scientific research and academic communities, government 
     officials, financial institutions, private investors, 
     entrepreneurs, and other private entities), for the purposes 
     of--
       ``(A) demonstrating projects of ARPA-E awardees;
       ``(B) demonstrating projects of finalists for ARPA-E awards 
     and other energy technology projects;
       ``(C) facilitating discussion of the commercial application 
     of energy technologies developed under ARPA-E and other 
     government-sponsored research and development programs; or
       ``(D) such other purposes as the Director considers 
     appropriate.
       ``(2) Funding for activities described in paragraph (1) 
     shall be provided as part of the technology transfer and 
     outreach activities authorized under subsection (o)(4)(B).'';
       (10) in subsection (m)(1), as so redesignated by paragraph 
     (4) of this section, by striking ``4 years'' and inserting 
     ``6 years'';
       (11) in subsection (m)(2)(B), as so redesignated by 
     paragraph (4) of this section, by inserting ``, and how those 
     lessons may apply to the operation of other programs within 
     the Department of Energy'' after ``ARPA-E'';
       (12) by amending subsection (o)(2), as so redesignated by 
     paragraph (4) of this section, to read as follows:
       ``(2) Authorization of appropriations.--Subject to 
     paragraph (4), there are authorized to be appropriated to the 
     Director for deposit in the Fund, without fiscal year 
     limitation--
       ``(A) $300,000,000 for fiscal year 2011;
       ``(B) $450,000,000 for fiscal year 2012; and
       ``(C) $600,000,000 for fiscal year 2013.'';
       (13) in subsection (o), as so redesignated by paragraph (4) 
     of this section, by--
       (A) striking paragraph (4); and
       (B) redesignating paragraph (5) as paragraph (4); and
       (14) in subsection (o)(4)(B), as so redesignated by 
     paragraphs (4) and (13)(B) of this subsection--
       (A) by striking ``2.5 percent'' and inserting ``5 
     percent''; and
       (B) by inserting ``, consistent with the goal described in 
     subsection (c)(2)(D) and within the responsibilities of 
     program directors as specified in subsection (g)(2)(B)(vii)'' 
     after ``outreach activities''.

                   Subtitle C--Energy Innovation Hubs

     SEC. 631. SHORT TITLE.

       This subtitle may be cited as the ``Energy Innovation Hubs 
     Authorization Act of 2010''.

     SEC. 632. ENERGY INNOVATION HUBS.

       (a) Establishment of Program.--
       (1) In general.--The Secretary of Energy shall carry out a 
     program to enhance the Nation's economic, environmental, and 
     energy security by making grants to consortia for 
     establishing and operating Energy Innovation Hubs to conduct 
     and support, whenever practicable at one centralized 
     location, multidisciplinary, collaborative research, 
     development, demonstration, and commercial application of 
     advanced energy technologies in areas not being served by the 
     private sector.
       (2) Technology development focus.--The Secretary shall 
     designate for each Hub a unique advanced energy technology 
     development focus.
       (3) Coordination.--The Secretary shall ensure the 
     coordination of, and avoid unnecessary duplication of, the 
     activities of Hubs with those of other Department of Energy 
     research entities, including the National Laboratories, the 
     Advanced Research Projects Agency--Energy, and Energy 
     Frontier Research Centers, and within industry. Such 
     coordination shall include convening and consulting with 
     representatives of staff of the Department of Energy, 
     representatives from Hubs and the qualifying entities that 
     are members of the consortia operating the Hubs, and 
     representatives of such other entities as the Secretary 
     considers appropriate, to share research results, program 
     plans, and opportunities for collaboration.
       (4) Administration.--The Secretary shall administer this 
     section with respect to each Hub through the Department 
     program office appropriate to administer the subject matter 
     of the technology development focus assigned under paragraph 
     (2) for the Hub.
       (b) Consortia.--
       (1) Eligibility.--To be eligible to receive a grant under 
     this section for the establishment and operation of a Hub, a 
     consortium shall--
       (A) be composed of no fewer than 2 qualifying entities;
       (B) operate subject to a binding agreement entered into by 
     its members that documents--
       (i) the proposed partnership agreement, including the 
     governance and management structure of the Hub;
       (ii) measures to enable cost-effective implementation of 
     the program under this section;
       (iii) a proposed budget, including financial contributions 
     from non-Federal sources;
       (iv) conflict of interest procedures consistent with 
     subsection (d)(3), all known material conflicts of interest, 
     and corresponding mitigation plans;
       (v) an accounting structure that enables the Secretary to 
     ensure that the consortium has complied with the requirements 
     of this section; and
       (vi) an external advisory committee consistent with 
     subsection (d)(2); and
       (C) operate as a nonprofit organization.
       (2) Application.--A consortium seeking to establish and 
     operate a Hub under this section, acting through a prime 
     applicant, shall transmit to the Secretary an application at 
     such time, in such form, and accompanied by such information 
     as the Secretary shall require, including a detailed 
     description of the elements of the consortium agreement 
     required under paragraph (1)(B). If the consortium members 
     will not be located at one centralized location, such 
     application shall include a communications plan that ensures 
     close coordination and integration of the Hub's activities.
       (c) Selection and Schedule.--The Secretary shall select 
     consortia for grants for the establishment and operation of 
     Hubs through competitive selection processes. In selecting 
     consortia, the Secretary shall consider the information a 
     consortium must disclose according to subsection (b), as well 
     as any existing facilities a consortium will provide for Hub 
     activities. Grants made to a Hub shall be for a period not to 
     exceed 5 years, after which the grant may be renewed, subject 
     to a competitive selection process.
       (d) Hub Operations.--
       (1) In general.--Hubs shall conduct or provide for 
     multidisciplinary, collaborative research, development, 
     demonstration, and commercial application of advanced energy 
     technologies within the technology development focus 
     designated for the Hub by the Secretary under subsection 
     (a)(2). Each Hub shall--
       (A) encourage collaboration and communication among the 
     member qualifying entities of the consortium and awardees by 
     conducting activities whenever practicable at one centralized 
     location;
       (B) develop and publish on the Department of Energy's 
     website proposed plans and programs;
       (C) submit an annual report to the Secretary summarizing 
     the Hub's activities, including detailing organizational 
     expenditures, listing external advisory committee members, 
     and describing each project undertaken by the Hub; and
       (D) monitor project implementation and coordination.
       (2) External advisory committee.--Each Hub shall establish 
     an external advisory committee, the membership of which shall

[[Page 8566]]

     have sufficient expertise to advise and provide guidance on 
     scientific, technical, industry, financial, and research 
     management matters.
       (3) Conflicts of interest.--
       (A) Procedures.--Hubs shall establish conflict of interest 
     procedures, consistent with those of the Department of 
     Energy, to ensure that employees and consortia designees for 
     Hub activities who are in decisionmaking capacities disclose 
     all material conflicts of interest, including financial, 
     organizational, and personal conflicts of interest.
       (B) Disqualification and revocation.--The Secretary may 
     disqualify an application or revoke funds distributed to a 
     Hub if the Secretary discovers a failure to comply with 
     conflict of interest procedures established under 
     subparagraph (A).
       (e) Prohibition on Construction.--
       (1) In general.--No funds provided pursuant to this section 
     may be used for construction of new buildings or facilities 
     for Hubs. Construction of new buildings or facilities shall 
     not be considered as part of the non-Federal share of a Hub 
     cost-sharing agreement.
       (2) Test bed and renovation exception.--Nothing in this 
     subsection shall prohibit the use of funds provided pursuant 
     to this section, or non-Federal cost share funds, for the 
     construction of a test bed or renovations to existing 
     buildings or facilities for the purposes of research if the 
     Oversight Board determines that the test bed or renovations 
     are limited to a scope and scale necessary for the research 
     to be conducted.
       (f) Oversight Board.--The Secretary shall establish and 
     maintain within the Department an Oversight Board to oversee 
     the progress of Hubs.
       (g) Priority Consideration.--The Secretary shall give 
     priority consideration to applications in which 1 or more of 
     the institutions under subsection (b)(1)(A) are 1890 Land 
     Grant Institutions (as defined in section 2 of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7061)), Predominantly Black Institutions (as 
     defined in section 318 of the Higher Education Act of 1965 
     (20 U.S.C. 1059e)), Tribal Colleges or Universities (as 
     defined in section 316(b) of the Higher Education Act of 1965 
     (20 U.S.C. 1059c(b)), or Hispanic Serving Institutions (as 
     defined in section 318 of the Higher Education Act of 1965 
     (20 U.S.C. 1059e)).
       (h) Definitions.--For purposes of this section:
       (1) Advanced energy technology.--The term ``advanced energy 
     technology'' means an innovative technology--
       (A) that produces energy from solar, wind, geothermal, 
     biomass, tidal, wave, ocean, or other renewable energy 
     resources;
       (B) that produces nuclear energy;
       (C) for carbon capture and sequestration;
       (D) that enables advanced vehicles, vehicle components, and 
     related technologies that result in significant energy 
     savings;
       (E) that generates, transmits, distributes, utilizes, or 
     stores energy more efficiently than conventional 
     technologies, including through Smart Grid technologies; or
       (F) that enhances the energy independence and security of 
     the United States by enabling improved or expanded supply and 
     production of domestic energy resources, including coal, oil, 
     and natural gas.
       (2) Hub.--The term ``Hub'' means an Energy Innovation Hub 
     established in accordance with this section.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).
       (4) Qualifying entity.--The term ``qualifying entity'' 
     means--
       (A) an institution of higher education;
       (B) an appropriate State or Federal entity, including the 
     Department of Energy Federally Funded Research and 
     Development Centers;
       (C) a nongovernmental organization with expertise in 
     advanced energy technology research, development, 
     demonstration, or commercial application; or
       (D) any other relevant entity the Secretary considers 
     appropriate.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     section--
       (1) $110,000,000 for fiscal year 2011;
       (2) $135,000,000 for fiscal year 2012; and
       (3) $195,000,000 for fiscal year 2013.

         Subtitle D--Cooperative Research and Development Fund

     SEC. 641. SHORT TITLE.

       This subtitle may be cited as the ``Cooperative Research 
     and Development Fund Authorization Act of 2010''.

     SEC. 642. COOPERATIVE RESEARCH AND DEVELOPMENT FUND.

       (a) In General.--The Secretary of Energy shall make funds 
     available to Department of Energy National Laboratories for 
     the Federal share of cooperative research and development 
     agreements. The Secretary of Energy shall determine the 
     apportionment of such funds to each Department of Energy 
     National Laboratory and shall ensure that special 
     consideration is given to small business firms and consortia 
     involving small business firms in the selection process for 
     which cooperative research and development agreements will 
     receive such funds.
       (b) Reporting.--Each year the Secretary shall submit to 
     Congress a report that describes how funds were expended 
     under this subtitle.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this section each fiscal year. No 
     funds allocated for this section shall come from funds 
     allocated for the Office of Science.

                Subtitle E--Technology Transfer Database

     SEC. 651. TECHNOLOGY TRANSFER DATABASE.

       To support the commercial application of new energy 
     technologies development by the Department of Energy, the 
     Secretary of Energy may establish an online database of 
     technologies, capabilities, and resources available to the 
     public at the National Laboratories.

                        TITLE VII--MISCELLANEOUS

     SEC. 701. SENSE OF CONGRESS.

       It is the sense of Congress that, among the programs and 
     activities authorized in this Act, those that correspond to 
     the recommendations of the National Academy of Sciences' 2005 
     report entitled ``Rising Above the Gathering Storm'' remain 
     critical to maintaining long-term United States economic 
     competitiveness, and accordingly shall receive funding 
     priority.

     SEC. 702. PERSONS WITH DISABILITIES.

       For the purposes of the activities and programs supported 
     by this Act and the amendments made by this Act--
       (1) institutions of higher education chartered to serve 
     large numbers of students with disabilities, including 
     Gallaudet University, Landmark College, and the National 
     Technical Institute for the Deaf, and institutions of higher 
     education offering science, technology, engineering, and 
     mathematics research and education activities and programs 
     that serve veterans with disabilities, shall receive special 
     consideration in the review of any proposals by these 
     institutions for funding under the research and education 
     programs authorized in this Act to ensure that institutions 
     of higher education chartered to or serving persons with 
     disabilities benefit from such research and education 
     activities and programs; and
       (2) agencies with respect to which appropriations are 
     authorized under this Act shall also conduct outreach to 
     veterans with disabilities pursuing studies in science, 
     technology, engineering, and mathematics to ensure that such 
     veterans are aware of and benefit from the research and 
     education activities and programs authorized by this Act.

     SEC. 703. VETERANS AND SERVICE MEMBERS.

       In awarding scholarships and fellowships under this Act, an 
     institution of higher education shall give preference to 
     applications from veterans and service members, including 
     those who have received or will receive the Afghanistan 
     Campaign Medal or the Iraq Campaign Medal as authorized by 
     Public Law 108-234 (10 U.S.C. 1121 note; 118 Stat. 655) and 
     Executive Order No. 13363.

     SEC. 704. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

     SEC. 705. LIMITATION ON EMPLOYMENT AND RECEIPT OF FUNDS.

       No funds authorized under this Act shall be used for the 
     employment of, or shall be received by, any individual who 
     has been convicted of, or pleaded guilty to, a crime of child 
     molestation, rape, or any other form of sexual assault.

     SEC. 706. PROHIBITION ON LOBBYING.

       Nothing in this Act shall be construed to supercede section 
     1913 of title 18, United States Code.

     SEC. 707. INFORMATION REQUESTS BY LABOR ORGANIZATIONS.

       (a) Eligibility for Funds.--Notwithstanding any other 
     provision of this Act, an institution of higher education 
     that employs employees who are represented by a labor 
     organization shall be eligible to receive funding for 
     facilities and administrative costs for an 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 
     employees of the institution, 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

[[Page 8567]]

     that does not provide information requested by a labor 
     organization in compliance with the requirements of a policy 
     described in subsections (a) and (b), the labor organization 
     may file a complaint of noncompliance with the head of the 
     agency overseeing any activity or program supported by this 
     Act or the amendments made by this Act for which the 
     institution is receiving funds.
       (2) Notification to institution.--Upon receiving such a 
     complaint, the head of such agency shall notify the 
     institution of the complaint and provide the institution an 
     additional 30 days to provide the requested information to 
     the labor organization or otherwise explain why the complaint 
     of non-compliance is not valid.
       (3) Agency action.--If the information has not been 
     provided by the institution at the conclusion of such 30 day 
     period and the head of such agency determines the complaint 
     to be valid, the head of such agency shall suspend payment of 
     any funds for facilities and administrative costs that would 
     otherwise be available to such institution for all activities 
     and programs supported by this Act and the amendments made by 
     this Act until such time as the requested information has 
     been provided by the institution.
       (d) Definitions.--For purposes of this section--
       (1) the term ``institution of higher education'' has the 
     meaning given such term in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)); and
       (2) the term ``facilities and administrative costs'' means 
     facilities and administrative (F&A) costs as defined in the 
     Office of Management and Budget Revised Circular A-21 (Cost 
     Principles for Educational Institutions, published in the 
     Federal Register on May 10, 2004).
       (e) Effective Date.--This section shall take effect on 
     January 1, 2011.

     SEC. 708. LIMITATION ON USE OF FUNDS.

       No funds authorized to be appropriated by this Act or the 
     amendments made by this Act may be used to purchase gift 
     items, knickknacks, souvenirs, trinkets, or other items 
     without direct educational value.

     SEC. 709. NO SALARIES FOR VIEWING PORNOGRAPHY.

       None of the funds authorized under this Act may be used to 
     pay the salary of any individual who has been officially 
     disciplined for violations of subpart G of the Standards of 
     Ethical Conduct for Employees of the Executive Branch for 
     viewing, downloading, or exchanging pornography, including 
     child pornography, on a Federal Government computer or while 
     performing official Federal Government duties.

  The SPEAKER pro tempore. Pursuant to the rule, 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.


                             General Leave

  Mr. GORDON of Tennessee. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on H.R. 5325, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  The bill before us today, H.R. 5325, is similar to the bill the House 
considered last week, H.R. 5116, including all 52 amendments adopted 
during floor consideration last week. However, the bill differs in two 
respects. One, it includes language from the motion to recommit barring 
money from going to agency employees who were disciplined for viewing 
pornography at work, and two, the authorization period for all programs 
in the bill has been changed from 5 years to 3 years.
  I understand the concerns of many of my colleagues about the overall 
size of a 5-year authorization, and this reduction is my sincere 
attempt to compromise on an issue that is very important to me and our 
country. The bill before us today includes an overall funding reduction 
of 50 percent from H.R. 5116, as introduced.
  I spoke at length about the background and need for this bill last 
week, so I'm only going to give the highlights today.
  On October 12, 2005, in response to a bipartisan, bicameral request 
of the Science Committee and our colleagues in the Senate, the National 
Academies announced the report, ``Rising Above the Gathering Storm.'' 
The distinguished panel, led by Norm Augustine, painted a very scary 
picture and told us that, without action, the future was bleak for our 
children and grandchildren. This report was, without question, a call 
to arms.
  Congress responded by turning the Gathering Storm recommendation into 
legislative language. The final result was 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're back to work on 
reauthorizing COMPETES.
  Since enactment of COMPETES, the Science and Technology Committee has 
held 48 hearings on areas addressed in the bill before us today. What 
we've heard from those hearings is that 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 necessary investments today.
  The statistics speak for themselves. More than 50 percent of our 
economic growth since World War II can be directly attributed to 
investments in research. The path is simple. Research leads to 
innovation. Innovation leads to economic development and good paying 
jobs, and ultimately, creating good jobs is the goal of this bill.
  During our committee's four markups, we accepted 25 amendments 
offered by the minority and, in addition, many additional changes have 
been made at the suggestion of the minority. I believe this is a good 
bill, both on substance and on inclusive procedure, and it is a better 
bill because of the contributions of our Members.
  I specifically want to thank my friend Ralph Hall for the cooperation 
and the spirit with which this bill has been brought before us and the 
way it was handled within our committee.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today to speak on H.R. 5325, a bill reauthorizing the America 
COMPETES Act. I believe long-term investment in science and technology, 
coupled with policies that reduce tax burdens, streamline Federal 
regulations, and balance the Federal budget are very vital for our 
Nation to remain competitive in the global marketplace. However, we 
must also put our fiscal house in order to ensure that we're not 
leveraging the future of our children and our grandchildren.
  While I remain committed to the underlying goals of the America 
COMPETES Act, the bill before us today continues to take us in a much 
more costly direction and authorizes a number of new programs which 
have little to do with prioritizing investments in basic science, 
technology, engineering, and math research and development.
  On May 12 and 13, this bill was considered by the full House of 
Representatives. Republican attempts to offer amendments to reduce the 
spending level in the bill and reduce the length of the authorization 
from 5 years to 3 years were denied. Our attempt to ensure schools 
serving the disabled and disabled veterans was also denied.
  Because Republicans were denied the opportunity to even offer these 
amendments on the House floor, have a meaningful dialogue about them, 
we sought to ensure that these ideas were considered by all of the 
Members of the House of Representatives through our motion to recommit. 
Our motion, as you well know, included the proposed compromise language 
to encourage education opportunities for the disabled and disabled 
veterans, language to reduce the authorization levels to fiscal year 
2010 levels, and to authorize these programs for 3 years rather than 5.
  The motion also included provisions to eliminate a number of new 
spending programs in favor of supporting the core COMPETES programs. 
Overall spending levels were reduced by around $47 billion in the 
motion to recommit, but still remained well above the $24 billion in 
the House-passed 2007 version of COMPETES. In addition to the 
reductions in spending, the motion addressed concerns about Federal 
employees' misuse of time and government property.

[[Page 8568]]

  When given the opportunity to consider these issues, the House of 
Representatives supported them overwhelmingly by a vote of 292-126. 
While I would have preferred to use the regular amendment process, I 
believe these changes made the bill better. The spending levels 
supported by the motion showed that we could be fiscally responsible 
while still supporting important investments in science and technology. 
It was disappointing when the majority made the decision to pull this 
improved bill from consideration by the whole House of Representatives.
  I'm pleased that the bill before us today includes a couple of 
provisions from the successful motion to recommit, such as the 
reduction in the authorized length from 5 years to 3 years, as well as 
the prohibition on paying the salaries of workers who misuse government 
time and property. These are sensible, good government provisions.
  Unfortunately, the bill before us today continues to contain new and 
duplicative programs, including some that were added during floor 
consideration last week. For example, the bill includes language 
establishing energy innovation hubs at DOE which are duplicative of a 
number of programs already in existence at DOE. There is also a new 
program to pursue commercialization of clean energy technology which is 
duplicative of the hubs program. Several of these programs fund 
activities beyond basic science research and development and will 
divert money away from priority basic research. At a time when the 
Federal Government spending is out of control, we need to be 
streamlining and prioritizing programs to protect taxpayers, not 
duplicating them.
  I'm also opposed to a provision that was added on the floor last week 
that dictates that any public university receiving funds under this 
bill would be required to maintain an information policy wherein 
failure to respond within 15 days to any union request for information 
would result in the threat of losing Federal funding. This provision 
places Federal agencies awarding funding in the role of administering 
State labor laws. This is an inappropriate provision that will place 
added burdens on our university system and certainly does nothing to 
advance the main goals of the COMPETES legislation.
  I also remain concerned with the overall funding levels in this bill. 
At almost $48 billion, the bill represents $9.5 billion above the 
fiscal year 2010 baseline extended out 3 years. It's also important to 
note that the core agencies in this bill received an additional $5 
billion in the American Recovery and Reinvestment Act already. 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 must be mindful of our spending if 
America is to continue to compete globally.
  Finally, I'm disappointed that the compromise language for disabled 
veterans that was included in the motion to recommit is not contained 
in this bill. This is the second time disabled veterans language has 
been overwhelmingly accepted by both sides of the aisle, and this is 
the second time that it has been stripped out of the bill. Every one of 
us will run into these fine young men and women back in our districts 
in about 10 days when we speak to them on Memorial Day. I think we 
ought to be telling these wounded warriors who are returning to 
civilian life after making life-altering sacrifices in defense of our 
freedom that we just ensured that the colleges and universities they 
attend will get the same special consideration as other schools 
afforded special consideration so that they, too, can take advantage of 
STEM opportunities and contribute to the competitiveness of this great 
Nation that they so ably defended.
  Unfortunately, this is no longer the case. In my opinion, this is 
really shameful if we were denied this small opportunity to show our 
appreciation not only to them but to the schools that are reaching out 
to them.
  Mr. Speaker, I certainly rise today to urge us not to approve the 
present bill, and I urge my colleagues to oppose this legislation until 
the language that they all agreed to and agreed to include by a vote of 
292-126 is put back in this bill. The will of the House and its Members 
should be followed.
  And I, as a veteran of World War II, would hate to go back 10 days 
from now and look into the faces of those that we're addressing on 
Memorial Day, at a time when we should be remembering them, that we do 
stop here and pray for them and drop our heads for a minute, and I 
think that's a wonderful thing for the Speaker to do. But I think 
today's the day for us to raise our head, lift up our thoughts, 
remember these men and include them. If we can spend this kind of money 
and ignore the needs of a very dedicated few, I think we'll be making a 
dreadful mistake.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  I will take time a little bit later to try to respond to some of Mr. 
Hall's concerns, but I want to get to the veterans right now. I want to 
assure Mr. Hall that when he goes home for Memorial Day, he can look at 
those veterans and say, I fought for you. I fought for you.
  And I want to read the language so there'll be no misunderstanding 
about this issue. We don't need to have red herrings here. This is an 
important bill. So I'm going to read the language of the bill.
  ``For the purposes of the activities and programs supported by this 
Act and the amendments made by this Act . . . institutions of higher 
education offering STEM 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 research and education programs authorized in this Act . 
. . ''
  So let's be sure that we know that has been addressed.
  Now, let me also point out that there's 435 Members of Congress, and 
if we each wrote a bill, we would probably write it a little bit 
differently. This is a matter of trying to bring folks together, 
develop consensus, and that's what we did with 49 different hearings, a 
bipartisan vote through four different markups, so I think that we have 
addressed that.
  I will address other issues later, but I would like to now yield 2 
minutes to my friend from Wisconsin (Mr. Kind).

                              {time}  1045

  Mr. KIND. I thank my good friend and colleague from Tennessee for 
recognizing me.
  Mr. Speaker, as one of the co-chairs in the New Democrat Coalition, 
and as a co-chair with Representative Rush Holt of our Innovation Task 
Force, I rise in proud support of the reauthorization of the America 
COMPETES Act. And I commend our Chairman Bart Gordon on the Science 
Committee for the work that he has put into producing this bipartisan 
bill. We may be losing him to retirement, but he is leaving one of the 
most important legacies that we can do around here, and that is to 
ensure strong and robust job growth in the short term, the midterm, and 
the long term. That is what this bill is all about.
  This bill is about making crucial investments to make sure that our 
Nation remains the most innovative and creative Nation in the world, on 
the cutting edge of scientific, medical, and technological discoveries 
and breakthroughs. We do that by investing in the STEM fields of 
study--science, technology, engineering, math--where the job growth is 
going to be occurring; by investing in basic and applied research in 
both the private and public sector; by creating innovation centers 
around the Nation so that we can partner with the private sector to 
create the jobs of the future, and ensuring that all Americans are full 
participants in the 21st century global economy. That is what the 
America COMPETES Act is all about.
  I would encourage my colleagues on the other side who may be playing 
this political gotcha game yet again today to stop. Stop playing this 
game and do the right thing and support this bill.
  If you think that we ought to be prohibiting Federal dollars to be 
used for

[[Page 8569]]

lobbying purposes, that's in the bill. So support it. If you believe 
that veterans should be full participants in all the programs being 
offered in the bill, including the STEM education programs, that's in 
the bill. If you believe that we should prohibit Federal funds from 
being used to pay the salaries of child molesters and rapists, that's 
already in the bill. And if you think we should fire any Federal 
employee who has been looking at pornography on their government 
computer, that's in this bill. So let's end the political gotcha games 
that delayed passage of this bill last week and do the right thing 
today.
  I hope it's not something that's going to come up again on the floor 
today, because this is the right thing to do for the future of our 
economy. It's the right thing to do for the American people. Let's make 
sure that we remain the most innovative Nation in the world. That's 
what the America COMPETES Act does.
  This should pass with wide bipartisan majorities, as the first 
authorization of this bill did a couple of years ago, with roughly 360 
Members supporting it. We should support it again today. I urge its 
passage.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I recognize that we all write language differently. However, once the 
House has voted on and passed that language, I think it ought to be 
included in the bill that the House is considering. And that's happened 
not once, but a couple of times. Regretfully, I disagree with the 
chairman. There is no assurance in the underlying bill that a single 
institution helping disabled veterans would benefit.
  Further, let me say this. I don't say that the gentleman from 
Tennessee doesn't support disabled veterans, or anybody on this floor. 
I think we are all mindful of the debt we owe to those people. It's a 
matter of trying to get together on something that really gives them 
that that we are intending, that we indicate that we are giving them. 
And they just don't receive that under the language that's proposed in 
this bill, but it can be fixed.
  I have worked with the chairman. He is an honorable, decent, very 
good chairman, a good friend, and has worked hard and has improved this 
bill. He knocked it down from 5 years to 3. And that knocked it down to 
almost $47 billion, the cost of this bill. Still, $11 billion at least 
too excessive, but he has made an effort.
  And we are so close that the language that he just read to you, if we 
can change two words in it. Instead of on the sixth sentence of what 
the current bill is that we are looking at today, they put that they 
serve veterans, change that just ``available to veterans.'' We are that 
close to settling this, and probably at least giving the veterans 
something, not giving them everything they need.
  I just think that while it gives some special consideration to 
schools that are chartered for disabled students and those serving 
disabled veterans, it's not a consideration that's consistent with 
other schools in the bill or in schools with unrepresented populations 
today. And I say based on that, creating yet another tier or class of 
institutions versus playing them on the same and putting them on the 
same equal playing field is just not quite enough.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  We have all heard the story of two people seeing the same accident, 
and with their best intentions viewing it differently. You know, I 
think this is what we have here today. This really has become something 
of a red herring on a much bigger bill. But let me once again address 
this veterans issue.
  Mr. Hall says he wants to make these programs available to the 
veterans. I want to require it. We require it. So let me read the 
language again. ``For the purposes of the activities and programs 
supported by this Act and the amendments made by this Act . . . 
institutions of higher education offering STEM research and education 
activities and programs that serve veterans with disabilities shall 
receive''--not made available--``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 . . . '' Shall 
receive. Not made available; shall receive.
  I reserve the balance of my time.
  Mr. HALL of Texas. I yield 2 minutes to the gentleman from Michigan, 
Dr. Ehlers.
  Mr. EHLERS. I want to thank Chairman Gordon and Ranking Member Hall 
for all their hard work on this legislation. It is a complex bill. It 
has been from the start, beginning in 2006, when President George W. 
Bush developed the idea of the American Competitiveness Initiative, 
which launched a three-pronged approach by strengthening research at 
the NSF, the DOE, and NIST. We must continue that effort.
  We heard a speech this morning during the 1-minute segment by the 
gentleman from Texas (Mr. Johnson) about his concern about our debt to 
the Chinese. It's going to get worse and worse unless we generate more 
wealth in this country. And any economist will tell you that one of the 
best ways to generate wealth in this Nation is through manufacturing. 
We must restore our manufacturing operations in this Nation. We must 
work together to put our country on a more stable fiscal basis. We must 
stop overspending. And we have to restore manufacturing and other 
wealth-building mechanisms such as mining and farming.
  This bill goes a long way to do that, and I support this bill. It's 
not everything I wanted. None of us ever get everything we want. But at 
least we can move this bill over to the Senate. And at the very least, 
we can go into conference with the Senate and try to resolve the issues 
such as the veterans issue. I believe that we are in total agreement on 
what we want to achieve. I just encourage us to pass this bill, and get 
it into conference, where all the viewpoints can be heard and debated.
  I hope my colleagues from both sides of the aisle will support the 
bill before us today. The National Association of Manufacturers 
supports it. All others who are involved in wealth generation through 
manufacturing support it. We absolutely have to restore our 
manufacturing sector. And the President we have now is trying to do 
that through the Department of Commerce and through the Manufacturing 
Council that he has appointed.
  We have our work cut out for us, but I think we can come together and 
continue the work with the Senate and finally develop a really good 
bill we can all vote for.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield 2 minutes to the 
gentlelady from Texas (Ms. Eddie Bernice Johnson).
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise in support of 
H.R. 5325, the America COMPETES Reauthorization Act for 2010. It was 
once said, ``When the world says, Give up, Hope whispers, Try it one 
more time.'' America cannot afford to give up on science, innovation, 
and education.
  I want to applaud my colleagues, the leadership, as well as the 
entire Committee on Science and Technology for their hard work on this 
legislation. Our Nation is being outpaced by competitors in graduating 
scientists and engineers. It is so important to invest wisely in 
programs that truly make a difference in the achievement of our young 
people.
  America COMPETES is about our future. It's about ensuring that we are 
taking the right steps toward increasing American competitiveness and 
innovation. It is also about strengthening diversity in our Nation's 
scientific enterprise so that all Americans can compete in the 21st 
century. We have an obligation to the future of our Nation to ensure 
every segment of our population has equal access and opportunity to 
pursue these careers in STEM.
  The bill was put together in a bipartisan fashion and represents a 
concerted effort to create a more competitive science and engineering 
workforce.

[[Page 8570]]

This is the goal of America COMPETES, and I am pleased that the 
provisions are in this bill for all Americans. I will fight for 
innovation, justice, parity, and equality for all Americans as long as 
I can.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I thank Professor Ehlers for his good explanation of his position on 
the bill. That's been his position from the word ``go.'' And there were 
others on the Republican side in committee who differed with those of 
us that were addressing the bill. And we all have a right to disagree. 
And I respect that.
  This bill got better. It didn't get better out of Rules because it 
didn't give us a rule that gave us a shot at it. But it got better as 
they had the vote yesterday. It's a little bit better as the chairman 
has brought it to us today. And I must say this, that the chairman has 
improved the ability for the veterans to benefit. And we are very 
close.
  And the chairman has said that he wants to continue to work on this. 
And when we are just along three or four paragraphs, we are just two 
words away from it, I certainly take Bart Gordon at his word and will 
work with him. I think that we should have the words ``available to'' 
instead of ``that serve'' those to veterans. What's available to them 
is very important. And we would like to have that in the bill.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. As my friend from Texas says, we have worked 
together long and hard on many issues. And certainly, again, we are 
going to continue to try to work to get this language exactly where 
both parties that are seeing it in good faith can agree. To me it seems 
``shall receive'' is better than ``make available,'' but we are going 
to work to get that together.
  I yield 2 minutes to the chairman of the Research and Science 
Education Subcommittee, the gentleman from Illinois, Dr. Lipinski.
  Mr. LIPINSKI. Mr. Speaker, I rise today in strong support of this 
bill. As chairman of the Research and Science Education Subcommittee, I 
want to thank Dr. Ehlers not only for his support of the COMPETES Act, 
but also all the work that he has done as the ranking Republican on the 
subcommittee and all the years he has put in on these issues in 
Congress.
  I firmly believe that this bill is critical to maintaining America's 
global competitiveness. I thank Chairman Gordon for all his hard work 
on this bill and also his work through the years on these issues.
  Passage of this bill will help produce a brighter future for our 
Nation and our Nation's workers. Simply put, this bill creates jobs. As 
a former college professor and engineer and unceasing advocate for 
American manufacturing, I want to focus on the National Science 
Foundation title. This act keeps funding for the NSF on a doubling 
path, and it significantly increases support for basic research, 
graduate education, STEM education, and turning research into jobs. 
America is at risk of falling behind in all these areas. We cannot 
stand still while our competitors move forward. If we do, we will see 
the jobs created on their soil, not here in America.

                              {time}  1100

  This bill also contains a number of critical programs that support 
innovation and manufacturing. These provisions can help reverse the 
outsourcing of American jobs. In addition, the COMPETES Act also 
includes provisions that address serious deteriorations in the state of 
our research infrastructure which threatens America's competitiveness. 
Our competitors, especially China, are stealing scientists from our 
country, and I hear this all the time because they are offering better 
opportunities, better research infrastructure for their scientists. 
This means they will create the innovations, they will create the jobs 
over in their countries.
  The COMPETES Reauthorization Act takes a proactive bipartisan 
approach to securing America's position in the 21st century global 
economy and putting Americans to work.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. GORDON of Tennessee. I yield 30 additional seconds to Dr. 
Lipinski.
  Mr. LIPINSKI. With no investment, we have no gains. It's as simple as 
that. We cannot lose the race of competition to other nations. 
America's future depends on that. We must have the jobs. People are 
asking every day where are the jobs going to come from. They are going 
to come from the innovations that come from Americans, and this bill 
will help create the environment that will allow that to be done and 
provide a better future for our Nation.
  Mr. HALL of Texas. Mr. Speaker, at this time I yield 2 minutes to the 
gentleman from Michigan, Dr. Ehlers.
  Mr. EHLERS. I thank the gentleman from Texas, the ranking member of 
the committee, for being generous with his time again.
  I want to point out two additional items in the bill that are going 
to be of great importance to our country. I've already mentioned that 
we must become more competitive and that we have to develop a better 
approach to competing with other countries, if we are going to regain 
or retain the leadership that we have had for several centuries.
  But there is something else as well that's very important, and that 
is innovation. America has not only led through manufacturing but also 
through innovation in the products made. We have begun to slip in that 
category, and that is why it is so important to continue our research 
efforts at the National Science Foundation, the National Institute of 
Standards and Technology, and the Department of Energy.
  I am pleased this measure before us today focuses on the challenges 
faced by our Nation's manufacturers, and it will broaden and strengthen 
manufacturing extension services which will help corporations be more 
productive and innovative. This will revive manufacturing innovation 
through research and development.
  I hope my colleagues will be able to support this bill, which will be 
wonderful for our Nation and our financial status if we become more 
innovative and creative. This bill provides an opportunity to do that.
  So I, once again, say let's resolve the difficulties we have with 
this bill. Let's get them resolved as quickly as possible so we can 
pass this bill and begin breathing new life into manufacturing in this 
Nation.
  Mr. HALL of Texas. We are concerned with other parts of this program. 
We're concerned about the duplicative programs in the bill that are a 
waste of government resources and a waste of taxpayer dollars. In a 
time where we have scarce resources, we should be thinking about 
spending money on other things like research and not spending them on 
the same things that are in several different programs.
  One example of this in H.R. 5325 is the energy innovation hubs 
program which duplicates a number of programs that are already 
available at the Department of Energy.
  So let me say to the chairman and this Congress and anybody who would 
hear us, this bill has been improved; the chairman has been amenable to 
working together and making suggestions. He has listened to us. He 
hasn't always minded me, but he has listened; and I think that's 
unusual and kind of my friend from Tennessee.
  He's changed this bill from an $86 billion bill to a $47 billion from 
5 years to 3 years. So we feel like we've made considerable progress; 
and I think any bill, $86 billion to $47 billion, with that type of 
money, that ought to spawn money for the little disabled veterans that 
just want a small piece of it.
  I think as we go along, and I hope that we can work this out, I hope 
that we will oppose this bill. We have a vote today. It's going to take 
two-thirds to pass it. Perhaps the chairman has the votes. But if not, 
I think in the next 48 hours we can improve it substantially, and once 
again be more proud of a bill that we've been for from the word ``go.'' 
We've been for the thrust of the bill. We just objected to the cost and 
to the failure to include little people and

[[Page 8571]]

to duplicate so many of these processes.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, how much time do we have left?
  The SPEAKER pro tempore. The gentleman from Tennessee has 7\1/2\ 
minutes. The gentleman from Texas has 3 minutes.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  I would first say to my friend from Texas that I think I probably 
minded him more than his kids minded him, but probably less than his 
grandkids have minded him. We have tried to cooperate in a lot of ways.
  Let me address a couple of things.
  As I said earlier, Mr. Hall has said, and rightfully so, that 
everyone here is supportive of our veterans and our disabled veterans. 
So what I would suggest is that we use a suspenders and a belt. Let's 
make sure. And so, Mr. Hall, I want to assure you that we're going to 
include your language, but we can also keep our strong language as 
``shall.''
  So this is what we would have: institutions of higher education 
offering STEM research education activities and programs, rather than 
that ``serve,'' we'll use your language that are available to veterans 
with disabilities, and then we'll continue to say ``shall'' receive 
special consideration. So I think this can be a suspenders and belt to 
do what we all want, and that is to make sure that our disabled 
veterans are taken care of.
  Let me also mention that there is a discussion about duplicate 
programs. I guess sometimes that could happen. In that last bill that 
365 Members of the Congress voted for, we found that there were nine 
programs that didn't serve well and so those programs were taken out of 
this bill, and I think we can have disagreements as to whether a 
program is duplicative or not, but the funding doesn't go up. And so 
that is the good news there.
  Let me also point out that on page 195, section 502, ``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.'' So there is an 
effort to be sure that we do not have this kind of duplication.
  Once again, this is a bill that authorization has been cut by 50 
percent from what 365 Members of this House voted for just 3 years ago 
and that was unanimously approved by the other body.
  And I yield 2 minutes to my friend from New Jersey, Dr. Rush Holt.
  Mr. HOLT. Mr. Speaker, I thank the chair for yielding, and I rise in 
strong support of the America COMPETES Reauthorization Act. Our 
investments in scientific research and education underwrite our 
national prosperity and success. Yet for decades, we have underinvested 
in our Nation's tools for advancing innovation and competitiveness.
  The America COMPETES Reauthorization Act will build on the successes 
of the original America COMPETES Act and the American Recovery and 
Reinvestment Act by authorizing funding levels that will continue to 
double the budgets of our basic research agencies: NIST, NSF, DOE's 
Office of Science.
  I would have preferred the stability of a 5-year reauthorization, and 
some of my colleagues on the other side decided to play politics with 
science and have made that impossible. Still, the 3 years of 
investments authorized by this bill will pay big dividends as 
discoveries and innovations lead to new industries that will keep our 
Nation competitive.
  I am pleased that despite objections by some in the minority, the 
bill also provides assistance for small businesses and manufacturers, 
strengthens STEM education, enhances the participation of 
underrepresented groups in technical fields, and supports research in 
pursuit of clean energy in the United States.
  I am pleased that the bill includes a provision that I wrote to 
require the administration to develop national competitiveness and 
innovation strategy.
  I commend Chairman Gordon and the S&T Committee for their hard work 
on this important piece of legislation, and I urge my colleagues to 
support it.
  Mr. HALL of Texas. Mr. Speaker, I just want to reiterate that 
Republican motion to recommit eliminated the new programs in the bill. 
New programs in the bill shift an emphasis away from basic research 
towards technology commercialization activities that could potentially 
divert money away from basic research and could lead to inappropriate 
market innovation.
  Keeping the language in the bill would reduce authorization levels in 
the bill by $1.3 billion. The Republican motion to recommit kept all 
existing programs at fiscal year 2010 appropriated levels. Given that 
our Nation's debt is currently $13 trillion and our Nation's budget 
deficit has increased 50 percent in 3 years, it's prudent to put the 
brakes on significant increases in spending for years to come.
  This bill is better than the bill was when it was introduced. It's 
not as good as the bill was when it left the committee that first 
considered it. It's not as good a bill as it was when they accepted and 
voted ``yes''--Republicans and Democrats alike--on the motion to 
recommit.
  So we've made some improvements. I'm not discouraged. I still like 
the thrust of the bill, and I look forward to working with the chairman 
from this day forward.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  Let me make this suggestion: if you want to wait for the absolutely 
perfect bill that you agree with every word, then you shouldn't vote 
for this bill because this bill is a bipartisan compromise that was a 
result of 49 hearings, four bipartisan markups, and so we had to work 
together. So if you want the perfect bill that is just exactly what you 
want regardless of what anybody else might want, then this may not be 
your bill.
  But if you want a bill that is going to take America forward, if you 
want a bill that is supported by the U.S. Chamber of Commerce, by the 
National Association of Manufacturers, by the Information Technology 
Industry Association, by the Aerospace Industry Association, by the 
Business Roundtable, by the Council on Competitiveness, by the National 
Venture Capitalists Association, by TechAmerica, by TechNet, by 
Technological CEO Council, by the Telecommunication Industry 
Association, by the Energy Sciences Coalition, by the Biotech Industry 
Organization, by the American Council of Education, by the Association 
of American Colleges and Universities, by the Association of American 
Universities, by the Association of Public and Land-Grant Universities, 
and on, and on, and on, and on, then this is the bill for you.
  Now, do they agree with every word in it? No, I'm sure they don't. 
But do they understand that 50 percent of the growth in our GDP in this 
country since World War II is a direct result of the R&D investment 
that we made and the benefit from that R&D investment? Yes, they 
understand that.
  And so today we have a chance to cast a vote for our kids, for our 
grandkids. We have a chance to cast a vote for energy independence in 
this country. And when I say energy independence, I don't mean just 
independence from foreign oil; I mean energy independence from foreign 
technology, also.
  This is a good bill. I request everyone to take a look at it, see it, 
and I think they'll see that on the merits that this a good bill that 
serves our country. I think they'll see that this is a good bill that 
helps our disabled veterans. It was very specific in that.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself the amount of time 
that I may consume subject to my limitations.
  Yes, Mr. Chairman, I would like a perfect bill. All of us would like 
a perfect bill, and I don't wish to pit the National Taxpayers Union 
who oppose

[[Page 8572]]

this bill against the Chamber of Commerce who supports this bill. But I 
do seek perfection. I don't think we have a perfect bill. I doubt that 
we could ever get a perfect bill, but we can have a better bill. We've 
got a better bill than we had when it was introduced. We've got a 
better bill than we had when it came out of committee.

                              {time}  1115

  We can reach perfection if we work long enough. I don't seek 
perfection, but I would like as good a bill as we can get, treating 
veterans the way they ought to be treated and not spending money that 
is needed for other matters, certainly. I urge a ``no'' vote.
  I yield back the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, how much time do I have left?
  The SPEAKER pro tempore. The gentleman from Tennessee has 1 minute.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself that final 
minute.
  Let me point out to my friend from Texas that the National Taxpayers 
Union did oppose the previous bill, but they have not taken a position 
on this bill. We just checked their Web site. If you have something 
different, we would be glad to see it, because this bill is different 
than the last bill. This bill cuts the authorization by 50 percent. So 
we have a different bill here today.
  So again, as I have said before, Mr. Speaker, there are 6.5 billion 
people in the world. Half of those working make less than $2 a day. 
That is not the kind of way we want to compete in this country. We have 
to work at a higher technological level to be more productive. This 
bill will help us get there.
  I thank, once again, the Republican and Democratic Members that have 
worked together to bring this bipartisan bill. I thank the staff of the 
minority and majority for working together to bring us this good bill, 
and I urge passage.
  Mr. WU. Mr. Speaker, I rise today in strong support of the America 
COMPETES reauthorization, and I am particularly proud of the 
contribution my subcommittee--the Technology and Innovation 
Subcommittee--has made to this legislation. Innovation is critical to 
our nation's long-term global competitiveness, 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 helping to create an 
environment that encourages innovation and facilitates growth. Among 
other things, the bill makes critical investments in, and improvements 
to, the Manufacturing Extension Partnership, which will help this vital 
program better address the needs of our nation's small- and medium-
sized manufacturers. The bill will also help ensure that students have 
the training necessary to secure a good-paying job in their community 
by requiring MEP centers to inform local and regional community 
colleges of the skills needed by area manufacturers. America COMPETES 
also focuses the National Institute of Standards and Technology on 
creating jobs, supporting competitiveness, and meeting the needs of our 
nation's private sector.
  America COMPETES is the cornerstone of our nation's global 
competitiveness, and today's reauthorization bill represents another 
critical step in implementing the innovation agenda. I ask my 
colleagues to join me in supporting this important legislation.
  Mr. GORDON of Tennessee. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Gordon) that the House suspend the rules 
and pass the bill, H.R. 5325.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HALL of Texas. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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