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AMERICA COMPETES REAUTHORIZATION ACT
OF 2010
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124 STAT. 3982
PUBLIC LAW 111–358—JAN. 4, 2011
Public Law 111–358
111th Congress
An Act
Jan. 4, 2011
[H.R. 5116]
To invest in innovation through research and development, to improve the competitiveness of the United States, and for other purposes.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
America
COMPETES
Reauthorization
Act of 2010.
42 USC 1861
note.
(a) SHORT TITLE.—this Act may be cited as the ‘‘America COMPETES Reauthorization Act of 2010’’ or the ‘‘America Creating
Opportunities to Meaningfully Promote Excellence in Technology,
Education, and Science Reauthorization Act of 2010’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Budgetary impact statement.
TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY
Sec.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
105.
Coordination of Federal STEM education.
Coordination of advanced manufacturing research and development.
Interagency public access committee.
Federal scientific collections.
Prize competitions.
TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Sec. 201. NASA’s contribution to innovation and competitiveness.
Sec. 202. NASA’s contribution to education.
Sec. 203. Assessment of impediments to space science and engineering workforce
development for minority and under-represented groups at NASA.
Sec. 204. International Space Station’s contribution to national competitiveness enhancement.
Sec. 205. Study of potential commercial orbital platform program impact on
Science, Technology, Engineering, and Mathematics.
Sec. 206. Definitions.
TITLE III—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Sec. 301. Oceanic and atmospheric research and development program.
Sec. 302. Oceanic and atmospheric science education programs.
Sec. 303. Workforce study.
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TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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401.
402.
403.
404.
405.
406.
407.
408.
409.
Short title.
Authorization of appropriations.
Under Secretary of Commerce for Standards and Technology.
Manufacturing Extension Partnership.
Emergency communication and tracking technologies research initiative.
Broadening participation.
NIST Fellowships.
Green manufacturing and construction.
Definitions.
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PUBLIC LAW 111–358—JAN. 4, 2011
124 STAT. 3983
TITLE V—SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
SUPPORT PROGRAMS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
521.
522.
523.
524.
525.
526.
527.
SUBTITLE A—NATIONAL SCIENCE FOUNDATION
Short title.
Definitions.
Authorization of appropriations.
National Science Board administrative amendments.
National Center for Science and Engineering statistics.
National Science Foundation manufacturing research and education.
National Science Board report on mid-scale instrumentation.
Partnerships for innovation.
Sustainable chemistry basic research.
Graduate student support.
Robert Noyce teacher scholarship program.
Undergraduate broadening participation program.
Research experiences for high school students.
Research experiences for undergraduates.
STEM industry internship programs.
Cyber-enabled learning for national challenges.
Experimental Program to Stimulate Competitive Research.
Sense of the Congress regarding the science, technology, engineering, and
mathematics talent expansion program.
Sense of the Congress regarding the National Science Foundation’s contributions to basic research and education.
Academic technology transfer and commercialization of university research.
Study to develop improved impact-on-society metrics.
NSF grants in support of sponsored post-doctoral fellowship programs.
Collaboration in planning for stewardship of large-scale facilities.
Cloud computing research enhancement.
Tribal colleges and universities program.
Broader impacts review criterion.
Twenty-first century graduate education.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
551.
552.
553.
554.
555.
556.
SUBTITLE B—STEM-TRAINING GRANT PROGRAM
Purpose.
Program requirements.
Grant program.
Grant oversight and administration.
Definitions.
Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
501.
502.
503.
504.
505.
506.
507.
508.
509.
510.
511.
512.
513.
514.
515.
516.
517.
518.
Sec. 519.
Sec. 520.
TITLE VI—INNOVATION
Office of innovation and entrepreneurship.
Federal loan guarantees for innovative technologies in manufacturing.
Regional innovation program.
Study on economic competitiveness and innovative capacity of United
States and development of national economic competitiveness strategy.
Sec. 605. Promoting use of high-end computing simulation and modeling by smalland medium-sized manufacturers.
Sec.
Sec.
Sec.
Sec.
601.
602.
603.
604.
TITLE VII—NIST GREEN JOBS
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. National Institute of Standards and Technology competitive grant program.
TITLE VIII—GENERAL PROVISIONS
Sec. 801. Government Accountability Office review.
Sec. 802. Salary restrictions.
Sec. 803. Additional research authorities of the FCC.
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Sec.
Sec.
Sec.
Sec.
901.
902.
903.
904.
TITLE IX—DEPARTMENT OF ENERGY
Science, engineering, and mathematics education programs.
Energy research programs.
Basic research.
Advanced Research Project Agency-Energy.
TITLE X—EDUCATION
Sec. 1001. References
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124 STAT. 3984
PUBLIC LAW 111–358—JAN. 4, 2011
Sec. 1002. Repeals and conforming amendments.
Sec. 1003. Authorizations of appropriations and matching requirement.
SEC. 2. DEFINITIONS.
42 USC 6621
note.
In this Act:
(1) DIRECTOR.—In title I, the term ‘‘Director’’ means the
Director of the Office of Science and Technology Policy.
(2) STEM.—The term ‘‘STEM’’ means the academic and
professional disciplines of science, technology, engineering, and
mathematics.
SEC. 3. BUDGETARY IMPACT STATEMENT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, submitted for printing in the
Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
TITLE I—OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
42 USC 6621.
SEC. 101. COORDINATION OF FEDERAL STEM EDUCATION.
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Strategic plan.
Deadline.
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(a) ESTABLISHMENT.—The Director shall establish a committee
under the National Science and Technology Council, including the
Office of Management and Budget, with the responsibility to 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.
(b) RESPONSIBILITIES.—The committee established under subsection (a) shall—
(1) coordinate the STEM education activities and programs
of the Federal agencies;
(2) coordinate STEM education activities and programs
with the Office of Management and Budget;
(3) encourage the teaching of innovation and entrepreneurship as part of STEM education activities;
(4) review STEM education activities and programs to
ensure they are not duplicative of similar efforts within the
Federal government;
(5) develop, implement through the participating agencies,
and update once every 5 years a 5-year STEM education strategic plan, which shall—
(A) specify and prioritize annual and long-term objectives;
(B) specify the common metrics that will be used to
assess progress toward achieving the objectives;
(C) describe the approaches that will be taken by each
participating agency to assess the effectiveness of its STEM
education programs and activities; and
(D) with respect to subparagraph (A), describe the
role of each agency in supporting programs and activities
designed to achieve the objectives; and
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(6) 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 women, underrepresented minorities, and persons in rural areas in such programs and activities.
(b) RESPONSIBILITIES OF OSTP.—The Director shall encourage
and monitor the efforts of the participating agencies to ensure
that the strategic plan under subsection (b)(5) is developed and
executed effectively and that the objectives of the strategic plan
are met.
(c) REPORT.—The Director shall transmit a report annually
to Congress at the time of the President’s budget request describing
the plan required under subsection (b)(5). The annual report shall
include—
(1) a description of the STEM education programs and
activities for the previous and current fiscal years, and the
proposed programs and activities under the President’s budget
request, of each participating Federal agency;
(2) the levels of funding for each participating Federal
agency for the programs and activities described under paragraph (1) for the previous fiscal year and under the President’s
budget request;
(3) an evaluation of the levels of duplication and fragmentation of the programs and activities described under paragraph
(1);
(4) except for the initial annual report, a description of
the progress made in carrying out the implementation plan,
including a description of the outcome of any program assessments completed in the previous year, and any changes made
to that plan since the previous annual report; and
(5) a description of how the participating Federal agencies
will disseminate information about federally supported
resources for STEM education practitioners, including teacher
professional development programs, to States and to STEM
education practitioners, including to teachers and administrators in schools that meet the criteria described in subsection
(c)(1)(A) and (B) of section 3175 of the Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381j(c)(1)(A)
and (B)).
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SEC. 102. COORDINATION OF ADVANCED MANUFACTURING RESEARCH
AND DEVELOPMENT.
42 USC 6622.
(a) INTERAGENCY COMMITTEE.—The Director shall establish or
designate a Committee on Technology under the National Science
and Technology Council. The Committee shall be responsible for
planning and coordinating Federal programs and activities in
advanced manufacturing research and development.
(b) RESPONSIBILITIES OF COMMITTEE.—The Committee shall—
(1) coordinate the advanced manufacturing research and
development programs and activities of the Federal agencies;
(2) establish goals and priorities for advanced manufacturing research and development that will strengthen United
States manufacturing;
(3) work with industry organizations, Federal agencies,
and Federally Funded Research and Development Centers not
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124 STAT. 3986
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Strategic plan.
Deadline.
42 USC 6623.
PUBLIC LAW 111–358—JAN. 4, 2011
represented on the Committee, to identify and reduce regulatory, logistical, and fiscal barriers within the Federal government and State governments that inhibit United States manufacturing;
(4) facilitate the transfer of intellectual property and technology based on federally supported university research into
commercialization and manufacturing;
(5) identify technological, market, or business challenges
that may best be addressed by public-private partnerships,
and are likely to attract both participation and primary funding
from industry;
(6) encourage the formation of public-private partnerships
to respond to those challenges for transition to United States
manufacturing; and
(7) develop, and update every 5 years, a strategic plan
to guide Federal programs and activities in support of advanced
manufacturing research and development, which shall—
(A) specify and prioritize near-term and long-term
research and development objectives, the anticipated time
frame for achieving the objectives, and the metrics for
use in assessing progress toward the objectives;
(B) specify the role of each Federal agency in carrying
out or sponsoring research and development to meet the
objectives of the strategic plan;
(C) describe how the Federal agencies and Federally
Funded Research and Development Centers supporting
advanced manufacturing research and development will
foster the transfer of research and development results
into new manufacturing technologies and United States
based manufacturing of new products and processes for
the benefit of society to ensure national, energy, and economic security;
(D) describe how Federal agencies and Federally
Funded Research and Development Centers supporting
advanced manufacturing research and development will
strengthen all levels of manufacturing education and
training programs to ensure an adequate, well-trained
workforce;
(E) describe how the Federal agencies and Federally
Funded Research and Development Centers supporting
advanced manufacturing research and development will
assist small- and medium-sized manufacturers in developing and implementing new products and processes; and
(F) take into consideration the recommendations of
a wide range of stakeholders, including representatives
from diverse manufacturing companies, academia, and
other relevant organizations and institutions.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Director shall transmit the strategic plan developed
under subsection (b)(7) to the Senate Committee on Commerce,
Science, and Transportation, and the House of Representatives
Committee on Science and Technology, and shall transmit subsequent updates to those committees as appropriate.
SEC. 103. INTERAGENCY PUBLIC ACCESS COMMITTEE.
(a) ESTABLISHMENT.—The Director shall establish a working
group under the National Science and Technology Council with
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PUBLIC LAW 111–358—JAN. 4, 2011
124 STAT. 3987
the responsibility to coordinate Federal science agency research
and policies related to the dissemination and long-term stewardship
of the results of unclassified research, including digital data and
peer-reviewed scholarly publications, supported wholly, or in part,
by funding from the Federal science agencies.
(b) RESPONSIBILITIES.—The working group shall—
(1) identify the specific objectives and public interests that
need to be addressed by any policies coordinated under (a);
(2) take into account inherent variability among Federal
science agencies and scientific disciplines in the nature of
research, types of data, and dissemination models;
(3) coordinate the development or designation of standards
for research data, the structure of full text and metadata,
navigation tools, and other applications to maximize 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;
(4) 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;
(5) work with international science and technology counterparts to maximize interoperability between United States based
unclassified research databases and international databases
and repositories;
(6) solicit input and recommendations from, and collaborate
with, non-Federal stakeholders, including the public, universities, nonprofit and for-profit publishers, libraries, federally
funded and non federally funded research scientists, and other
organizations and institutions with a stake in long term
preservation and access to the results of federally funded
research;
(7) establish priorities for coordinating the development
of any Federal science agency policies related to public access
to the results of federally funded research to maximize the
benefits of such policies with respect to their potential economic
or other impact on the science and engineering enterprise and
the stakeholders thereof;
(8) take into consideration the distinction between scholarly
publications and digital data;
(9) take into consideration the role that scientific publishers
play in the peer review process in ensuring the integrity of
the record of scientific research, including the investments and
added value that they make; and
(10) examine Federal agency practices and procedures for
providing research reports to the agencies charged with locating
and preserving unclassified research.
(c) PATENT OR COPYRIGHT LAW.—Nothing in this section shall
be construed to undermine any right under the provisions of title
17 or 35, United States Code.
(d) APPLICATION WITH EXISTING LAW.—Nothing defined in section (b) shall be construed to affect existing law with respect to
Federal science agencies’ policies related to public access.
(e) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, the Director shall transmit a report
to Congress describing—
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124 STAT. 3988
PUBLIC LAW 111–358—JAN. 4, 2011
(1) the specific objectives and public interest identified
under (b)(1);
(2) any priorities established under subsection (b)(7);
(3) the impact the policies described under (a) have had
on the science and engineering enterprise and the stakeholders,
including the financial impact on research budgets;
(4) the status of any Federal science agency policies related
to public access to the results of federally funded research;
and
(5) how any policies developed or being developed by Federal science agencies, as described in subsection (a), incorporate
input from the non-Federal stakeholders described in subsection
(b)(6).
(f) FEDERAL SCIENCE AGENCY DEFINED.—For the purposes of
this section, the term ‘‘Federal science agency’’ means any Federal
agency with an annual extramural research expenditure of over
$100,000,000.
42 USC 6624.
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SEC. 104. FEDERAL SCIENTIFIC COLLECTIONS.
(a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.—The Office of
Science and Technology Policy shall develop 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. In developing those policies the Office of Science and
Technology Policy shall consult, as appropriate, with—
(1) Federal agencies with such collections; and
(2) representatives of other organizations, institutions, and
other entities not a part of the Federal Government that have
a stake in the preservation, maintenance, and accessibility
of such collections, including State and local government agencies, institutions of higher education, museums, and other entities engaged in the acquisition, holding, management, or use
of scientific collections.
(b) CLEARINGHOUSE.—The Office of Science and Technology
Policy, in consultation with relevant Federal agencies, shall ensure
the development of an online clearinghouse for information on the
contents of and access to Federal scientific collections.
(c) DISPOSAL OF COLLECTIONS.—The policies developed under
subsection (a) shall—
(1) require that, before disposing of a scientific collection,
a Federal agency shall—
(A) conduct a review of the research value of the 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.
(d) COST PROJECTIONS.—The Office of Science and Technology
Policy, in consultation with relevant Federal agencies, shall develop
a common set of methodologies to be used by Federal agencies
for the assessment and projection of costs associated with the
management and preservation of their scientific collections.
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124 STAT. 3989
(e) SCIENTIFIC COLLECTION DEFINED.—In this section, the term
‘‘scientific collection’’ means a set of physical specimens, living or
inanimate, created for the purpose of supporting science and serving
as a long-term research asset, rather than for their market value
as collectibles or their historical, artistic, or cultural significance,
and, as appropriate and feasible, the associated specimen data
and materials.
SEC. 105. PRIZE COMPETITIONS.
(a) IN GENERAL.—The Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at
the end the following:
15 USC 3719.
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‘‘SEC. 24. PRIZE COMPETITIONS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AGENCY.—The term ‘agency’ means a Federal agency.
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director
of the Office of Science and Technology Policy.
‘‘(3) FEDERAL AGENCY.—The term ‘Federal agency’ has the
meaning given under section 4, except that term shall not
include any agency of the legislative branch of the Federal
Government.
‘‘(4) HEAD OF AN AGENCY.—The term ‘head of an agency’
means the head of a Federal agency.
‘‘(b) IN GENERAL.—Each head of an agency, or the heads of
multiple agencies in cooperation, may carry out a program to award
prizes competitively to stimulate innovation that has the potential
to advance the mission of the respective agency.
‘‘(c) PRIZES.—For purposes of this section, a prize may be one
or more of the following:
‘‘(1) A point solution prize that rewards and spurs the
development of solutions for a particular, well-defined problem.
‘‘(2) An exposition prize that helps identify and promote
a broad range of ideas and practices that may not otherwise
attract attention, facilitating further development of the idea
or practice by third parties.
‘‘(3) Participation prizes that create value during and after
the competition by encouraging contestants to change their
behavior or develop new skills that may have beneficial effects
during and after the competition.
‘‘(4) Such other types of prizes as each head of an agency
considers appropriate to stimulate innovation that has the
potential to advance the mission of the respective agency.
‘‘(d) TOPICS.—In selecting topics for prize competitions, the
head of an agency shall consult widely both within and outside
the Federal Government, and may empanel advisory committees.
‘‘(e) ADVERTISING.—The head of an agency shall widely advertise each prize competition to encourage broad participation.
‘‘(f) REQUIREMENTS AND REGISTRATION.—For each prize competition, the head of an agency shall publish a notice in the Federal
Register announcing—
‘‘(1) the subject of the competition;
‘‘(2) the rules for being eligible to participate in the competition;
‘‘(3) the process for participants to register for the competition;
‘‘(4) the amount of the prize; and
‘‘(5) the basis on which a winner will be selected.
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Consultation.
Federal Register,
publication.
Notice.
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124 STAT. 3990
PUBLIC LAW 111–358—JAN. 4, 2011
‘‘(g) ELIGIBILITY.—To be eligible to win a prize under this section, an individual or entity—
‘‘(1) shall have registered to participate in the competition
under any rules promulgated by the head of an agency under
subsection (f);
‘‘(2) shall have complied with all the requirements under
this section;
‘‘(3) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen or permanent resident
of the United States; and
‘‘(4) may not be a Federal entity or Federal employee acting
within the scope of their employment.
‘‘(h) CONSULTATION WITH FEDERAL EMPLOYEES.—An individual
or entity shall not be deemed ineligible under subsection (g) because
the individual or entity used Federal facilities or consulted with
Federal employees during a competition if the facilities and
employees are made available to all individuals and entities participating in the competition on an equitable basis.
‘‘(i) LIABILITY.—
‘‘(1) IN GENERAL.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘related
entity’ means a contractor or subcontractor at any tier,
and a supplier, user, customer, cooperating party, grantee,
investigator, or detailee.
‘‘(B) LIABILITY.—Registered participants shall be
required to agree to assume any and all risks and waive
claims against the Federal Government and its related
entities, except in the case of willful misconduct, for any
injury, death, damage, or loss of property, revenue, or
profits, whether direct, indirect, or consequential, arising
from their participation in a competition, whether the
injury, death, damage, or loss arises through negligence
or otherwise.
‘‘(2) INSURANCE.—Participants shall be required to obtain
liability insurance or demonstrate financial responsibility, in
amounts determined by the head of an agency, for claims
by—
‘‘(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under
the registered participant’s insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or
related to competition activities; and
‘‘(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
‘‘(3) EXCEPTION.—The head of an agency may not require
a participant to waive claims against the administering entity
arising out of the unauthorized use or disclosure by the agency
of the intellectual property, trade secrets, or confidential business information of the participant.
‘‘(j) INTELLECTUAL PROPERTY.—
‘‘(1) PROHIBITION ON THE GOVERNMENT ACQUIRING
INTELLECTUAL PROPERTY RIGHTS.—The Federal Government
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PUBLIC LAW 111–358—JAN. 4, 2011
124 STAT. 3991
may not gain an interest in intellectual property developed
by a participant in a competition without the written consent
of the participant.
‘‘(2) LICENSES.—The Federal Government may negotiate
a license for the use of intellectual property developed by a
participant for a competition.
‘‘(k) JUDGES.—
‘‘(1) IN GENERAL.—For each competition, the head of an
agency, either directly or through an agreement under subsection (l), shall appoint one or more qualified judges to select
the winner or winners of the prize competition on the basis
described under subsection (f). Judges for each competition
may include individuals from outside the agency, including
from the private sector.
‘‘(2) RESTRICTIONS.—A judge may not—
‘‘(A) have personal or financial interests in, or be an
employee, officer, director, or agent of any entity that is
a registered participant in a competition; or
‘‘(B) have a familial or financial relationship with an
individual who is a registered participant.
‘‘(3) GUIDELINES.—The heads of agencies who carry out
competitions under this section shall develop guidelines to
ensure that the judges appointed for such competitions are
fairly balanced and operate in a transparent manner.
‘‘(4) EXEMPTION FROM FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any committee,
board, commission, panel, task force, or similar entity, created
solely for the purpose of judging prize competitions under this
section.
‘‘(l) ADMINISTERING THE COMPETITION.—The head of an agency
may enter into an agreement with a private, nonprofit entity to
administer a prize competition, subject to the provisions of this
section.
‘‘(m) FUNDING.—
‘‘(1) IN GENERAL.—Support for a prize competition under
this section, including financial support for the design and
administration of a prize or funds for a monetary prize purse,
may consist of Federal appropriated funds and funds provided
by the private sector for such cash prizes. The head of an
agency may accept funds from other Federal agencies to support
such competitions. The head of an agency may not give any
special consideration to any private sector entity in return
for a donation.
‘‘(2) AVAILABILITY OF FUNDS.—Notwithstanding any other
provision of law, funds appropriated for prize awards under
this section shall remain available until expended. No provision
in this section permits obligation or payment of funds in violation of section 1341 of title 31, United States Code.
‘‘(3) AMOUNT OF PRIZE.—
‘‘(A) ANNOUNCEMENT.—No prize may be announced
under subsection (f) until all the funds needed to pay
out the announced amount of the prize have been appropriated or committed in writing by a private source.
‘‘(B) INCREASE IN AMOUNT.—The head of an agency
may increase the amount of a prize after an initial
announcement is made under subsection (f) only if—
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Notice.
Time period.
Deadline.
Guidelines.
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Contracts.
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‘‘(i) notice of the increase is provided in the same
manner as the initial notice of the prize; and
‘‘(ii) the funds needed to pay out the announced
amount of the increase have been appropriated or committed in writing by a private source.
‘‘(4) LIMITATION ON AMOUNT.—
‘‘(A) NOTICE TO CONGRESS.—No prize competition under
this section may offer a prize in an amount greater than
$50,000,000 unless 30 days have elapsed after written
notice has been transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Science and Technology of the House of
Representatives.
‘‘(B) APPROVAL OF HEAD OF AGENCY.—No prize competition under this section may result in the award of more
than $1,000,000 in cash prizes without the approval of
the head of an agency.
‘‘(n) GENERAL SERVICE ADMINISTRATION ASSISTANCE.—Not later
than 180 days after the date of the enactment of the America
COMPETES Reauthorization Act of 2010, the General Services
Administration shall provide government wide services to share
best practices and assist agencies in developing guidelines for
issuing prize competitions. The General Services Administration
shall develop a contract vehicle to provide agencies access to relevant products and services, including technical assistance in structuring and conducting prize competitions to take maximum benefit
of the marketplace as they identify and pursue prize competitions
to further the policy objectives of the Federal Government.
‘‘(o) COMPLIANCE WITH EXISTING LAW.—
‘‘(1) IN GENERAL.—The Federal Government shall not, by
virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and nonproliferation laws, and related regulations.
‘‘(2) OTHER PRIZE AUTHORITY.—Nothing in this section
affects the prize authority authorized by any other provision
of law.
‘‘(p) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than March 1 of each year,
the Director shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science and Technology of the House of Representatives
a report on the activities carried out during the preceding
fiscal year under the authority in subsection (b).
‘‘(2) INFORMATION INCLUDED.—The report for a fiscal year
under this subsection shall include, for each prize competition
under subsection (b), the following:
‘‘(A) PROPOSED GOALS.—A description of the proposed
goals of each prize competition.
‘‘(B) PREFERABLE METHOD.—An analysis of why the
utilization of the authority in subsection (b) was the preferable method of achieving the goals described in subparagraph (A) as opposed to other authorities available to the
agency, such as contracts, grants, and cooperative agreements.
‘‘(C) AMOUNT OF CASH PRIZES.—The total amount of
cash prizes awarded for each prize competition, including
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a description of amount of private funds contributed to
the program, the sources of such funds, and the manner
in which the amounts of cash prizes awarded and claimed
were allocated among the accounts of the agency for
recording as obligations and expenditures.
‘‘(D) SOLICITATIONS AND EVALUATION OF SUBMISSIONS.—The methods used for the solicitation and evaluation of submissions under each prize competition, together
with an assessment of the effectiveness of such methods
and lessons learned for future prize competitions.
‘‘(E) RESOURCES.—A description of the resources,
including personnel and funding, used in the execution
of each prize competition together with a detailed description of the activities for which such resources were used
and an accounting of how funding for execution was allocated among the accounts of the agency for recording as
obligations and expenditures.
‘‘(F) RESULTS.—A description of how each prize competition advanced the mission of the agency concerned.’’.
(b) REPEAL OF SPACE ACT LIMITATION.—Section 314(a) of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f–
1 is amended by striking ‘‘The Administration may carry out a
program to award prizes only in conformity with this section.’’.
51 USC 20144.
TITLE II—NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION
SEC. 201. NASA’S CONTRIBUTION TO INNOVATION AND COMPETITIVENESS.
It is the sense of Congress that a renewed emphasis on technology development would enhance current mission capabilities and
enable future missions, while encouraging NASA, private industry,
and academia to spur innovation. NASA’s Innovative Partnership
Program is a valuable mechanism to accelerate technology maturation and encourage the transfer of technology into the private
sector.
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SEC. 202. NASA’S CONTRIBUTION TO EDUCATION.
(a) SENSE OF CONGRESS.—It is the sense of Congress that
NASA is uniquely positioned to interest students in science, technology, engineering, and mathematics, not only by the example
it sets, but through its education programs.
(b) EDUCATIONAL PROGRAM GOALS.—NASA shall develop and
maintain educational programs—
(1) to carry out and support research based programs and
activities designed to increase student interest and participation in STEM, including students from minority and underrepresented groups;
(2) to improve public literacy in STEM;
(3) that employ proven strategies and methods for
improving student learning and teaching in STEM;
(4) to provide curriculum support materials and other
resources that—
(A) are designed to be integrated with comprehensive
STEM education;
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51 USC 40901
note prec.
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(B) are aligned with national science education standards;
(C) promote the adoption and implementation of highquality education practices that build toward college and
career-readiness; and
(5) to create and support opportunities for enhanced and
ongoing professional development for teachers using best practices that improve the STEM content and knowledge of the
teachers, including through programs linking STEM teachers
with STEM educators at the higher education level.
51 USC 30501
note prec.
SEC. 203. ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND
ENGINEERING
WORKFORCE
DEVELOPMENT
FOR
MINORITY AND UNDERREPRESENTED GROUPS AT NASA.
Contracts.
(a) ASSESSMENT.—The Administrator shall enter into an
arrangement for an independent assessment of any impediments
to space science and engineering workforce development for
minority and underrepresented groups at NASA, including recommendations on—
(1) measures to address such impediments;
(2) opportunities for augmenting the impact of space science
and engineering workforce development activities and for
expanding proven, effective programs; and
(3) best practices and lessons learned, as identified through
the assessment, to help maximize the effectiveness of existing
and future programs to increase the participation of minority
and underrepresented groups in the space science and
engineering workforce at NASA.
(b) REPORT.—A report on the assessment carried out under
subsection (a) shall be transmitted to the House of Representatives
Committee on Science and Technology and the Senate Committee
on Commerce, Science, and Transportation not later than 15 months
after the date of enactment of this Act.
(c) IMPLEMENTATION.—To the extent practicable, the Administrator shall take all necessary steps to address any impediments
identified in the assessment.
51 USC 20303
note.
SEC. 204. INTERNATIONAL SPACE STATION’S CONTRIBUTION TO
NATIONAL COMPETITIVENESS ENHANCEMENT.
(a) SENSE OF CONGRESS.—It is the sense of the Congress that
the International Space Station represents a valuable and unique
national asset which can be utilized to increase educational
opportunities and scientific and technological innovation which will
enhance the Nation’s economic security and competitiveness in the
global technology fields of endeavor. If the period for active utilization of the International Space Station is extended to at least
the year 2020, the potential for such opportunities and innovation
would be increased. Efforts should be made to fully realize that
potential.
(b) EVALUATION AND ASSESSMENT OF NASA’S INTERAGENCY
CONTRIBUTION.—Pursuant to the authority provided in title II of
the America COMPETES Act (Public Law 110–69), the Administrator shall evaluate and, where possible, expand efforts to maximize NASA’s contribution to interagency efforts to enhance science,
technology, engineering, and mathematics education capabilities,
and to enhance the Nation’s technological excellence and global
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124 STAT. 3995
competitiveness. The Administrator shall identify these enhancements in the annual reports required by section 2001(e) of that
Act (42 U.S.C. 16611a(e)).
(c) REPORT TO THE CONGRESS.—Within 120 days after the date
of enactment of this Act, the Administrator shall provide to the
House of Representatives Committee on Science and Technology
and the Senate Committee on Commerce, Science, and Transportation a report on the assessment made pursuant to subsection
(a). The report shall include—
(1) a description of current and potential activities associated with utilization of the International Space Station which
are supportive of the goals of educational excellence and innovation and competitive enhancement established or reaffirmed
by this Act, including a summary of the goals supported, the
number of individuals or organizations participating in or benefiting from such activities, and a summary of how such activities
might be expanded or improved upon;
(2) a description of government and private partnerships
which are, or may be, established to effectively utilize the
capabilities represented by the International Space Station to
enhance United States competitiveness, innovation and science,
technology, engineering, and mathematics education; and
(3) a summary of proposed actions or activities to be undertaken to ensure the maximum utilization of the International
Space Station to contribute to fulfillment of the goals and
objectives of this Act, and the identification of any additional
authority, assets, or funding that would be required to support
such activities.
SEC. 205. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM
PROGRAM
IMPACT
ON
SCIENCE,
TECHNOLOGY,
ENGINEERING, AND MATHEMATICS.
(a) IN GENERAL.—Section 1003 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18421) is amended to read as follows:
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‘‘SEC. 1003. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM
PROGRAM
IMPACT
ON
SCIENCE,
TECHNOLOGY,
ENGINEERING, AND MATHEMATICS.
42 USC 18421.
‘‘A fundamental and unique capability of NASA is in stimulating science, technology, engineering, and mathematics education
in the United States. In ensuring maximum use of that capability,
the Administrator shall carry out a study to—
‘‘(1) identify the benefits of and lessons learned from
ongoing and previous NASA orbital student programs including,
at a minimum, the Get Away Special (GAS) and Earth Knowledge Acquired by Middle School Students (EarthKAM) programs, on science, technology, engineering, and mathematics
education;
‘‘(2) assess the potential impacts on science, technology,
engineering, and mathematics education of a program that
would facilitate the development of scientific and educational
payloads involving United States students and educators and
the flights of those payloads on commercially available orbital
platforms, when available and operational, with the goal of
providing frequent and regular payload launches;
‘‘(3) identify NASA expertise, such as NASA science,
engineering, payload development, and payload operations, that
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note.
51 USC 10101
note.
PUBLIC LAW 111–358—JAN. 4, 2011
could be made available to facilitate a science, technology,
engineering, and mathematics program using commercial
orbital platforms; and
‘‘(4) identify the issues that would need to be addressed
before NASA could properly assess the merits and feasibility
of the program described in paragraph (2).’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 12, 2010.
SEC. 206. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of NASA.
(2) NASA.—The term ‘‘NASA’’ means the National Aeronautics and Space Administration.
TITLE III—NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
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SEC. 301. OCEANIC AND ATMOSPHERIC RESEARCH AND DEVELOPMENT PROGRAM.
Section 4001 of the America COMPETES Act (33 U.S.C. 893)
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Administrator’’; and
(2) by adding at the end the following:
‘‘(b) OCEANIC AND ATMOSPHERIC RESEARCH AND DEVELOPMENT
PROGRAM.—The Administrator shall implement programs and
activities—
‘‘(1) to identify emerging and innovative research and
development priorities to enhance United States competitiveness, support development of new economic opportunities based
on NOAA research, observations, monitoring modeling, and
predictions that sustain ecosystem services;
‘‘(2) to promote United States leadership in oceanic and
atmospheric science and competitiveness in the applied uses
of such knowledge, including for the development and expansion
of economic opportunities; and
‘‘(3) to advance ocean, coastal, Great Lakes, and
atmospheric research and development, including potentially
transformational research, in collaboration with other relevant
Federal agencies, academic institutions, the private sector, and
nongovernmental programs, consistent with NOAA’s mission
to understand, observe, and model the Earth’s atmosphere and
biosphere, including the oceans, in an integrated manner.
‘‘(c) REPORT.—No later than 12 months after the date of enactment of the America COMPETES Reauthorization Act of 2010,
the Administrator, in consultation with the National Science
Foundation or other such agencies with mature transformational
research portfolios, shall develop and submit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science and Technology
that describes NOAA’s strategy for enhancing transformational
research in its research and development portfolio to increase
United States competitiveness in oceanic and atmospheric science
and technology. The report shall—
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‘‘(1) define ‘transformational research’;
‘‘(2) identify emerging and innovative areas of research
and development where transformational research has the
potential to make significant and revolutionary –advancements
in both understanding and U.S. science leadership;
‘‘(3) describe how transformational research priorities are
identified and appropriately –balanced in the context of NOAA’s
broader research portfolio;
‘‘(4) describe NOAA’s plan for developing a competitive
peer review and priority-setting –process, funding mechanisms,
performance and evaluation measures, and transition-to-operation guidelines for transformational research; and
‘‘(5) describe partnerships with other agencies involved in
transformational research.’’.
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SEC. 302. OCEANIC AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.
Section 4002 of the America COMPETES Act (33 U.S.C. 893a)
is amended—
(1) by striking ‘‘the agency.’’ in subsection (a) and inserting
‘‘agency, with consideration given to the goal of promoting
the participation of individuals from underrepresented groups
in STEM fields and in promoting the acquisition and retention
of highly qualified and motivated young scientists to complement and supplement workforce needs.’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) EDUCATIONAL PROGRAM GOALS.—The education programs
developed by NOAA shall, to the extent applicable—
‘‘(1) carry out and support research based programs and
activities designed to increase student interest and participation in STEM;
‘‘(2) improve public literacy in STEM;
‘‘(3) employ proven strategies and methods for improving
student learning and teaching in STEM;
‘‘(4) provide curriculum support materials and other
resources that—
‘‘(A) are designed to be integrated with comprehensive
STEM education;
‘‘(B) are aligned with national science education standards; and
‘‘(C) promote the adoption and implementation of highquality education practices that build toward college and
career-readiness; and
‘‘(5) create and support opportunities for enhanced and
ongoing professional development for teachers using best practices that improves the STEM content and knowledge of the
teachers, including through programs linking STEM teachers
with STEM educators at the higher education level.’’;
(4) by striking ‘‘develop’’ in subsection (c), as redesignated,
and inserting ‘‘maintain’’; and
(5) by adding at the end thereof the following:
‘‘(e) STEM DEFINED.—In this section, the term ‘STEM’ means
the academic and professional disciplines of science, technology,
engineering, and mathematics.’’.
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124 STAT. 3998
33 USC 893c.
Consultation.
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Evaluation.
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PUBLIC LAW 111–358—JAN. 4, 2011
SEC. 303. WORKFORCE STUDY.
(a) IN GENERAL.—The Secretary of Commerce, in cooperation
with the Secretary of Education, shall request the National
Academy of Sciences to conduct a study on the scientific workforce
in the areas of oceanic and atmospheric research and development.
The study shall investigate—
(1) whether there is a shortage in the number of individuals
with advanced degrees in oceanic and atmospheric sciences
who have the ability to conduct high quality scientific research
in physical and chemical oceanography, meteorology, and
atmospheric modeling, and related fields, for government, nonprofit, and private sector entities;
(2) what Federal programs are available to help facilitate
the education of students hoping to pursue these degrees;
(3) barriers to transitioning highly qualified oceanic and
atmospheric scientists into Federal civil service scientist career
tracks;
(4) what institutions of higher education, the private sector,
and the Congress could do to increase the number of individuals
with such post baccalaureate degrees;
(5) the impact of an aging Federal scientist workforce on
the ability of Federal agencies to conduct high quality scientific
research; and
(6) what actions the Federal government can take to assist
the transition of highly qualified scientists into Federal career
scientist positions and ensure that the experiences of retiring
Federal scientists are adequately documented and transferred
prior to retirement from Federal service.
(b) COORDINATION.—The Secretary of Commerce and the Secretary of Education shall consult with the heads of other Federal
agencies and departments with oceanic and atmospheric expertise
or authority in preparing the specifications for the study.
(c) REPORT.—No later than 18 months after the date of enactment of this Act, the Secretary of Commerce and the Secretary
of Education shall transmit a joint report to each committee of
Congress with jurisdiction over the programs described in 4002(b)
of the America COMPETES Act (33 U.S.C. 893a(b)), as amended
by section 302 of this Act, detailing the findings and recommendations of the study and setting forth a prioritized plan to implement
the recommendations.
(d) PROGRAM AND PLAN.—The Administrator of the National
Oceanic and Atmospheric Administration shall evaluate the
National Academy of Sciences study and develop a workforce program and plan to institutionalize the Administration’s Federal
science career pathways and address aging workforce issues. The
program and plan shall be developed in consultation with the
Administration’s cooperative institutes and other academic partners
to identify and implement programs and mechanisms to ensure
that—
(1) sufficient highly qualified scientists are able to transition into Federal career scientist positions in the Administration’s laboratories and programs; and
(2) the technical and management experiences of senior
employees are documented and transferred before leaving Federal service.
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124 STAT. 3999
TITLE IV—NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY
National
Institute of
Standards and
Technology
Authorization
Act of 2010.
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘National Institute of Standards
and Technology Authorization Act of 2010’’.
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SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
(a) FISCAL YEAR 2011.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Secretary of Commerce $918,900,000 for the National
Institute of Standards and Technology for fiscal year 2011.
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by
paragraph (1)—
(A) $584,500,000 shall be authorized for scientific and
technical research and services laboratory activities;
(B) $124,800,000 shall be authorized for the construction and maintenance of facilities; and
(C) $209,600,000 shall be authorized for industrial
technology services activities, of which—
(i) $141,100,000 shall be authorized for the Manufacturing Extension Partnership program under sections 25 and 26 of such Act (15 U.S.C. 278k and
278l), of which not more than $5,000,000 shall be for
the competitive grant program under section 25(f) of
such Act; and
(ii) $10,000,000 shall be authorized for the 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 $970,800,000 for the National
Institute of Standards and Technology for fiscal year 2012.
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by
paragraph (1)—
(A) $661,100,000 shall be authorized for scientific and
technical research and services laboratory activities;
(B) $84,900,000 shall be authorized for the construction
and maintenance of facilities; and
(C) $224,800,000 shall be authorized for industrial
technology services activities, of which—
(i) $155,100,000 shall be authorized for the Manufacturing Extension Partnership program under sections 25 and 26 of such Act (15 U.S.C. 278k and
278l), of which not more than $5,000,000 shall be for
the competitive grant program under section 25(f) of
such Act; and
(ii) $10,300,000 shall be authorized for the 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 $1,039,709,000 for the National
Institute of Standards and Technology for fiscal year 2013.
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PUBLIC LAW 111–358—JAN. 4, 2011
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by
paragraph (1)—
(A) $676,700,000 shall be authorized for scientific and
technical research and services laboratory activities;
(B) $121,300,000 shall be authorized for the construction and maintenance of facilities; and
(C) $241,709,000 shall be authorized for industrial
technology services activities, of which—
(i) $165,100,000 shall be authorized for the Manufacturing Extension Partnership program under sections 25 and 26 of such Act (15 U.S.C. 278k and
278l), of which not more than $5,000,000 shall be for
the competitive grant program under section 25(f) of
such Act; and
(ii) $10,609,000 shall be authorized for the 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.—The National Institute of Standards and
Technology Act is amended by inserting after section 3 the following:
15 USC 273a.
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‘‘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.
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124 STAT. 4001
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SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP.
(a) COMMUNITY COLLEGE SUPPORT.—Section 25(a) of the
National Institute of Standards and Technology Act (15 U.S.C.
278k(a)) is amended—
(1) by striking ‘‘and’’ after the semicolon in paragraph
(4);
(2) by striking ‘‘Institute.’’ in paragraph (5) and inserting
‘‘Institute; and’’; and
(3) by adding at the end the following:
‘‘(6) providing to community colleges information about the
job skills needed in small- and medium-sized manufacturing
businesses in the regions they serve.’’.
(b) INNOVATIVE SERVICES INITIATIVE.—Section 25 of such Act
(15 U.S.C. 278k) is amended by adding at the end the following:
‘‘(g) INNOVATIVE SERVICES INITIATIVE.—
‘‘(1) ESTABLISHMENT.—The Director shall establish, within
the Centers program under this section, an innovative services
initiative to assist small- and medium-sized manufacturers in—
‘‘(A) reducing their energy usage, greenhouse gas emissions, and environmental waste to improve profitability;
‘‘(B) accelerating the domestic commercialization of
new product technologies, including components for renewable energy and energy efficiency systems; and
‘‘(C) identification of and diversification to new markets, including support for transitioning to the production
of components for renewable energy and energy efficiency
systems.
‘‘(2) MARKET DEMAND.—The Director may not undertake
any activity to accelerate the domestic commercialization of
a new product technology under this subsection unless an analysis of market demand for the new product technology has
been conducted.’’.
(c) REPORTS.—Section 25 of such Act (15 U.S.C. 278k), as
amended by subsection (b), is further amended by adding at the
end the following:
‘‘(h) REPORTS.—
‘‘(1) IN GENERAL.—In submitting the 3-year programmatic
planning document and annual updates under section 23, the
Director shall include an assessment of the Director’s governance of the program established under this section.
‘‘(2) CRITERIA.—In conducting the assessment, the Director
shall use the criteria established pursuant to the Malcolm
Baldrige National Quality Award under section 17(d)(1)(C) of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3711a(d)(1)(C)).’’.
(d) HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP 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) Not later than 90 days after the date of enactment
of the National Institute of Standards and Technology
Authorization Act of 2010, the Comptroller General shall
submit to Congress a report on the cost share requirements
under the program. The report shall—
‘‘(A) discuss various cost share structures, including
the cost share structure in place prior to such date of
enactment, and the effect of such cost share structures
on individual Centers and the overall program; and
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124 STAT. 4002
PUBLIC LAW 111–358—JAN. 4, 2011
‘‘(B) include recommendations for how best to structure
the cost share requirement to provide for the long-term
sustainability of the program.’’.
‘‘(8) If consistent with the recommendations in the report
transmitted to Congress under paragraph (7), the Secretary
shall alter the cost structure requirements specified under paragraph (3)(B) and (5) provided that the modification does not
increase the cost share structure in place before the date of
enactment of the America COMPETES Reauthorization Act
of 2010, or allow the Secretary to provide a Center more than
50 percent of the costs incurred by that Center.’’.
(e) ADVISORY BOARD.—Section 25(e)(4) of such Act (15 U.S.C.
278k(e)(4)) is amended to read as follows:
‘‘(4) FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.—
‘‘(A) IN GENERAL.—In discharging its duties under this
subsection, the MEP Advisory Board shall function solely
in an advisory capacity, in accordance with the Federal
Advisory Committee Act.
‘‘(B) EXCEPTION.—Section 14 of the Federal Advisory
Committee Act shall not apply to the MEP Advisory Board.’.
(f) DESIGNATION OF PROGRAM.—
(1) IN GENERAL.—Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k), as amended
by subsection (c), is further amended by adding at the end
the following:
‘‘(i) DESIGNATION.—
‘‘(1) HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.—
The program under this section shall be known as the ‘Hollings
Manufacturing Extension Partnership’.
‘‘(2) HOLLINGS MANUFACTURING EXTENSION CENTERS.—The
Regional Centers for the Transfer of Manufacturing Technology
created and supported under subsection (a) shall be known
as the ‘Hollings Manufacturing Extension Centers’ (in this Act
referred to as the ‘Centers’).’’.
(2) CONFORMING AMENDMENT TO CONSOLIDATED APPROPRIATIONS ACT, 2005.—Division B of title II of the Consolidated
Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2879;
15 U.S.C. 278k note) is amended under the heading ‘‘INDUSTRIAL TECHNOLOGY SERVICES’’ by striking ‘‘2007: Provided further, That’’ and all that follows through ‘‘Extension Centers.’’
and inserting ‘‘2007.’’.
(3) TECHNICAL AMENDMENTS.—
(A) Section 25(a) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(a)) is amended in
the matter preceding paragraph (1) by striking ‘‘Regional
Centers for the Transfer of Manufacturing Technology’’
and inserting ‘‘regional centers for the transfer of manufacturing technology’’.
(B) Section 25 of such Act (15 U.S.C. 278k), as amended
by subsection (f), is further amended by adding at the
end the following:
‘‘(j) COMMUNITY COLLEGE DEFINED.—In this section, the term
‘community college’ means an institution of higher education (as
defined under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))) at which the highest degree that is predominately awarded to students is an associate’s degree.’’.
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124 STAT. 4003
(h) EVALUATION OF OBSTACLES UNIQUE TO SMALL MANUFACTURERS.—Section 25 of such Act (15 U.S.C. 278k), as amended by
subsection (g), is further amended by adding at the end the following:
‘‘(k) 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.’’.
(i) NIST ACT AMENDMENT.—Section 25(f)(3) of the National
Institute of Standards and Technology Act (15 U.S.C. 278k(f)(3))
is amended by striking ‘‘Director of the Centers program,’’ and
inserting ‘‘Director of the Hollings MEP program,’’.
SEC.
405.
EMERGENCY COMMUNICATION AND
NOLOGIES RESEARCH INITIATIVE.
TRACKING
TECH-
Plans.
15 USC 278n–1.
(a) ESTABLISHMENT.—The Director shall establish a research
initiative to support the development of emergency communication
and tracking technologies for use in locating trapped individuals
in confined spaces, such as underground mines, and other shielded
environments, such as high-rise buildings or collapsed structures,
where conventional radio communication is limited.
(b) ACTIVITIES.—In order to carry out this section, the Director
shall work with the private sector and appropriate Federal agencies
to—
(1) perform a needs assessment to identify and evaluate
the measurement, technical standards, and conformity assessment needs required to improve the operation and reliability
of such emergency communication and tracking technologies;
(2) support the development of technical standards and
conformance architecture to improve the operation and reliability of such emergency communication and tracking technologies; and
(3) incorporate and build upon existing reports and studies
on improving emergency communications.
(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Director shall submit to Congress and make
publicly available a report describing the assessment performed
under subsection (b)(1) and making recommendations about
research priorities to address gaps in the measurement, technical
standards, and conformity assessment needs identified by the
assessment.
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SEC. 406. BROADENING PARTICIPATION.
(a) RESEARCH FELLOWSHIPS.—Section 18 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g–1) is
amended by adding at the end the following:
‘‘(c) UNDERREPRESENTED MINORITIES.—In evaluating 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.’’.
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124 STAT. 4004
PUBLIC LAW 111–358—JAN. 4, 2011
(b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Section 19 of such
Act (15 U.S.C. 278g–2) is amended by adding at the end the 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. 407. NIST FELLOWSHIPS.
(a) POST-DOCTORAL FELLOWSHIP PROGRAM.—Section 19 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g–2) is amended by striking ‘‘, in conjunction with the National
Academy of Sciences,’’.
(b) RESEARCH FELLOWSHIPS.—Section 18(a) of that Act (15 USC
278g–1(a)) is amended by striking ‘‘up to 1.5 percent of the’’.
(c) COMMERCE, SCIENCE, AND TECHNOLOGY FELLOWSHIP PROGRAM.—Section 5163(d) of the Omnibus Trade and Competition
Act of 1988 (15 U.S.C. 1533) is repealed.
15 USC 278n–2.
SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION.
The Director shall carry out a green manufacturing and
construction initiative—
(1) to develop accurate sustainability metrics and practices
for use in manufacturing;
(2) to advance the development of standards, including
high performance green building standards, and the creation
of an information infrastructure to communicate sustainability
information about suppliers; and
(3) to move buildings toward becoming high performance
green buildings, including improving energy performance,
service life, and indoor air quality of new and retrofitted
buildings through validated measurement data.
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15 USC 278n–1
note.
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SEC. 409. DEFINITIONS.
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In this title:
(1) DIRECTOR.—The term ‘‘Director’’ means the Director
of the National Institute of Standards and Technology.
(2) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the
meaning given such term in section 4 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3703).
(3) HIGH PERFORMANCE GREEN BUILDING.—The term ‘‘high
performance green building’’ has the meaning given that term
by section 401(13) of the Energy Independence and Security
Act of 2009 (42 U.S.C. 17061(13)).
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PUBLIC LAW 111–358—JAN. 4, 2011
124 STAT. 4005
TITLE V—SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT PROGRAMS
SUBTITLE A—NATIONAL SCIENCE
FOUNDATION
National Science
Foundation
Authorization
Act of 2010.
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ‘‘National Science Foundation
Authorization Act of 2010’’.
SEC. 502. DEFINITIONS.
In this subtitle:
(1) DIRECTOR.—The term ‘‘Director’’ means the Director
of the National Science Foundation.
(2) EPSCOR.—The term ‘‘EPSCoR’’ means the Experimental Program to Stimulate Competitive Research.
(3) FOUNDATION.—The term ‘‘Foundation’’ means the
National Science Foundation established under section 2 of
the National Science Foundation Act of 1950 (42 U.S.C. 1861).
(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘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)).
(5) STATE.—The term ‘‘State’’ means one of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory
or possession of the United States.
(6) UNITED STATES.—The term ‘‘United States’’ means the
several States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and any
other territory or possession of the United States.
42 USC 1861
note.
42 USC 1862p
note.
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SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
(a) FISCAL YEAR 2011.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Foundation $7,424,400,000 for fiscal year 2011.
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by
paragraph (1)—
(A) $5,974,782,000 shall be made available to carry
research and related activities;
(B) $937,850,000 shall be made available for education
and human resources;
(C) $164,744,000 shall be made available for major
research equipment and facilities construction;
(D) $327,503,000 shall be made available for agency
operations and award management;
(E) $4,803,000 shall be made available for the Office
of the National Science Board; and
(F) $14,718,000 shall be made available for the Office
of Inspector General.
(b) FISCAL YEAR 2012.—
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124 STAT. 4006
PUBLIC LAW 111–358—JAN. 4, 2011
(1) IN GENERAL.—There are authorized to be appropriated
to the Foundation $7,800,000,000 for fiscal year 2012.
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by
paragraph (1)—
(A) $6,234,281,000 shall be made available to carry
research and related activities;
(B) $978,959,000 shall be made available for education
and human resources;
(C) $225,544,000 shall be made available for major
research equipment and facilities construction;
(D) $341,676,000 shall be made available for agency
operations and award management;
(E) $4,808,000 shall be made available for the Office
of the National Science Board; and
(F) $14,732,000 shall be made available for the Office
of Inspector General.
(c) FISCAL YEAR 2013.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Foundation $8,300,000,000 for fiscal year 2013.
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized by
paragraph (1)—
(A) $6,637,849,000 shall be made available to carry
research and related activities;
(B) $1,041,762,000 shall be made available for education and human resources;
(C) $236,764,000 shall be made available for major
research equipment and facilities construction;
(D) $363,670,000 shall be made available for agency
operations and award management;
(E) $4,906,000 shall be made available for the Office
of the National Science Board; and
(F) $15,049,000 shall be made available for the Office
of Inspector General.
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SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE AMENDMENTS.
(a) STAFFING AT THE NATIONAL SCIENCE BOARD.—Section 4(g)
of the National Science Foundation Act of 1950 (42 U.S.C. 1863(g))
is amended by striking ‘‘not more than 5’’.
(b) NATIONAL SCIENCE BOARD REPORTS.—Section 4(j)(2) of the
National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(2))
is amended by inserting ‘‘within the authority of the Foundation
(or otherwise as requested by the Congress or the President)’’ after
‘‘individual policy matters’’.
(c) BOARD ADHERENCE TO SUNSHINE ACT.—Section 15(a)(2) of
the National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n–5(a)(2)) is amended—
(1) by striking ‘‘The Board’’ and inserting ‘‘To ensure transparency of the Board’s entire decision-making process, including
deliberations on Board business occurring within its various
subdivisions, the Board’’; and
(2) by adding at the end the following: ‘‘The preceding
requirement will apply to meetings of the full Board, whenever
a quorum is present; and to meetings of its subdivisions, whenever a quorum of the subdivision is present.’’.
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124 STAT. 4007
SEC. 505. NATIONAL CENTER FOR SCIENCE AND ENGINEERING STATISTICS.
(a) ESTABLISHMENT.—There is established within the Foundation a National Center for Science and Engineering Statistics that
shall serve as a central Federal clearinghouse for the collection,
interpretation, analysis, and dissemination of objective data on
science, engineering, technology, and research and development.
(b) DUTIES.—In carrying out subsection (a) of this section, the
Director, acting through the Center shall—
(1) collect, acquire, analyze, report, and disseminate statistical data related to the science and engineering enterprise
in the United States and other nations that is relevant and
useful to practitioners, researchers, policymakers, and the
public, including statistical data on—
(A) research and development trends;
(B) the science and engineering workforce;
(C) United States competitiveness in science,
engineering, technology, and research and development;
and
(D) the condition and progress of United States STEM
education;
(2) support research using the data it collects, and on
methodologies in areas related to the work of the Center; and
(3) support the education and training of researchers in
the use of large-scale, nationally representative data sets.
(c) STATISTICAL REPORTS.—The Director or the National Science
Board, acting through the Center, shall issue regular, and as necessary, special statistical reports on topics related to the national
and international science and engineering enterprise such as the
biennial report required by section 4(j)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of the
state of science and engineering in the United States.
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SEC.
506.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND EDUCATION.
MANUFACTURING
42 USC 1862p.
Reports.
Public
information.
Grants.
42 USC 1862p–1.
(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.
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124 STAT. 4008
PUBLIC LAW 111–358—JAN. 4, 2011
SEC.
507.
NATIONAL SCIENCE BOARD
INSTRUMENTATION.
REPORT
ON
MID-SCALE
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(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.
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42 USC 1862p–2.
SEC. 508. PARTNERSHIPS FOR INNOVATION.
Grants.
(a) IN GENERAL.—The Director shall carry out a program to
award merit-reviewed, competitive grants to institutions of higher
education to establish and to expand partnerships that promote
innovation and increase the impact of research by developing tools
and resources to connect new scientific discoveries to practical uses.
(b) PARTNERSHIPS.—
(1) IN GENERAL.—To be eligible for funding under this
section, an institution of higher education must propose
establishment of a partnership that—
(A) includes at least one private sector entity; and
(B) may include other institutions of higher education,
public sector institutions, private sector entities, and 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 and at least one
of the following:
(A) A minority serving institution.
(B) A primarily undergraduate institution.
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124 STAT. 4009
(C) A 2-year institution of higher education.
(c) PROGRAM.—Proposals funded under this section shall seek—
(1) to increase the impact of the most promising research
at the institution or institutions of higher education that are
members of the partnership through knowledge transfer or
commercialization;
(2) to increase the engagement of faculty and students
across multiple disciplines and departments, including faculty
and students in schools of business and other appropriate nonSTEM fields and disciplines in knowledge transfer activities;
(3) to enhance education and mentoring of students and
faculty in innovation and entrepreneurship through networks,
courses, and development of best practices and curricula;
(4) to strengthen the culture of the institution or institutions of higher education to undertake and participate in activities related to innovation and leading to economic or social
impact;
(5) to broaden the participation of all types of institutions
of higher education in activities to meet STEM workforce needs
and promote innovation and knowledge transfer; and
(6) to build lasting partnerships with local and regional
businesses, local and State governments, and other relevant
entities.
(d) ADDITIONAL CRITERIA.—In selecting grant recipients under
this section, the Director shall also consider the extent to which
the applicants are able to demonstrate evidence of institutional
support for, and commitment to—
(1) achieving the goals of the program as described in
subsection (c);
(2) expansion to an institution-wide program if the initial
proposal is not for an institution-wide program; and
(3) sustaining any new innovation tools and resources 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.
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SEC. 509. SUSTAINABLE CHEMISTRY BASIC RESEARCH.
The Director shall establish a Green Chemistry Basic Research
program to award competitive, merit-based grants to support
research into green and sustainable chemistry which will lead to
clean, safe, and economical alternatives to traditional chemical 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.
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Grants.
42 USC 1862p–3.
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124 STAT. 4010
PUBLIC LAW 111–358—JAN. 4, 2011
SEC. 510. GRADUATE STUDENT SUPPORT.
42 USC 1869
note.
Effective date.
42 USC 1869
note.
(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) IN GENERAL.—’’ before ‘‘The Foundation
is authorized’’; and
(2) by adding at the end the following:
‘‘(b) AMOUNT.—The Director shall establish for each year the
amount to be awarded for scholarships and fellowships under this
section for that year. Each such scholarship and fellowship shall
include a cost of education allowance of $12,000, subject to any
restrictions on the use of cost of education allowance as determined
by the Director.’’.
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SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.
(a) MATCHING REQUIREMENT.—Section 10A(h)(1) of the National
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–
1a(h)(1)) is amended to read as follows:
‘‘(1) IN GENERAL.—An eligible entity receiving a grant under
this section shall provide, from non-Federal sources, to carry
out the activities supported by the grant—
‘‘(A) in the case of grants in an amount of less than
$1,500,000, an amount equal to at least 30 percent of
the amount of the grant, at least one half of which shall
be in cash; and
‘‘(B) in the case of grants in an amount of $1,500,000
or more, an amount equal to at least 50 percent of the
amount of the grant, at least one half of which shall be
in cash.’’.
(b) RETIRING STEM PROFESSIONALS.—Section 10A(a)(2)(A) of
the National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n–1a(a)(2)(A)) is amended by inserting ‘‘including
retiring professionals in those fields,’’ after ‘‘mathematics professionals,’’.
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124 STAT. 4011
SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION PROGRAM.
42 USC 1862p–4.
The Foundation shall continue to support the Historically Black
Colleges and Universities Undergraduate Program, the Louis Stokes
Alliances for Minority Participation program, the Tribal Colleges
and Universities Program, and Hispanic-serving institutions as
separate programs.
SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL STUDENTS.
42 USC 1862p–5.
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The Director shall permit specialized STEM high schools conducting research to participate in major data collection initiatives
from universities, corporations, or government labs under a research
grant from the Foundation, as part of the research proposal.
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SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADUATES.
42 USC 1862p–6.
(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.
Grants.
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42 USC 1862p–7.
SEC. 515. 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. The partnerships may also include industry
or professional associations.
(b) INTERNSHIP PROGRAM.—The grants awarded under subsection (a) may include internship programs in the manufacturing
sector.
(c) USE OF GRANT FUNDS.—Grants under this section may
be used—
(1) to develop and implement hands-on learning opportunities;
(2) to develop curricula and instructional materials related
to industry, including the manufacturing sector;
(3) to perform outreach to secondary schools;
(4) to develop mentorship programs for students with
partner organizations; and
(5) to conduct activities to support awareness of career
opportunities and skill requirements.
(d) PRIORITY.—In awarding grants under this section, the
Director shall give priority to institutions of higher education or
consortia thereof that demonstrate significant outreach to and
coordination with local or regional private sector entities and
Regional Centers for the Transfer of Manufacturing Technology
established by section 25(a) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(a)) in developing academic
courses designed to provide students with the skills or certifications
necessary for employment in local or regional companies.
(c) OUTREACH TO RURAL COMMUNITIES.—The Foundation shall
conduct outreach to institutions of higher education and private
sector entities in rural areas to encourage those entities to participate in partnerships under this section.
(d) COST-SHARE.—The Director shall require a 50 percent nonFederal cost-share from partnerships established or expanded under
this section.
(e) RESTRICTION.—No Federal funds provided under this section
may be used—
(1) for the purpose of providing stipends or compensation
to students for private sector internships unless private sector
entities match 75 percent of such funding; or
(2) as payment or reimbursement to private sector entities,
except for institutions of higher education.
(f) REPORT.—Not less than 3 years after the date of enactment
of this Act, the Director shall submit a report to Congress on
the number and total value of awards made under this section,
the number of students affected by those awards, any evidence
of the effect of those awards on workforce preparation and jobs
placement for participating students, and an economic and ethnic
breakdown of the participating students.
Payments.
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PUBLIC LAW 111–358—JAN. 4, 2011
42 USC 1862p–8.
SEC. 516. CYBER-ENABLED LEARNING FOR NATIONAL CHALLENGES.
The Director shall, in consultation with appropriate Federal
agencies, identify ways to use cyber-enabled learning to create
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an innovative STEM workforce and to help retrain and retain
our existing STEM workforce to address national challenges,
including national security and competitiveness, and use technology
to enhance or supplement laboratory based learning.
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SEC. 517. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
42 USC 1862p–9.
(a) FINDINGS.—The Congress finds that—
(1) The National Science Foundation Act of 1950 stated,
‘‘it shall be an objective of the Foundation to strengthen
research and education in the sciences and engineering,
including independent research by individuals, throughout the
United States, and to avoid undue concentration of such
research and education,’’;
(2) National Science Foundation funding remains highly
concentrated, with 27 States and 2 jurisdictions, taken together,
receiving only about 10 percent of all NSF research funding;
each of these States received only a fraction of one percent
of Foundation’s research dollars each year;
(3) the Nation requires the talent, expertise, and research
capabilities of all States in order to prepare sufficient numbers
of scientists and engineers, remain globally competitive and
support economic development.
(b) CONTINUATION OF PROGRAM.—The Director shall continue
to carry out EPSCoR, with the objective of helping the eligible
States to develop the research infrastructure that will make them
more competitive for Foundation and other Federal research
funding. The program shall continue to increase as the National
Science Foundation funding increases.
(c) CONGRESSIONAL REPORTS.—The Director shall report to the
appropriate committees of Congress on an annual basis, using the
most recent available data—
(1) the total amount made available, by State, under
EPSCoR;
(2) the amount of co-funding made available to EPSCoR
States;
(3) the total amount of National Science Foundation
funding made available to all institutions and entities within
EPSCoR States; and
(4) efforts and accomplishments to more fully integrate
the 29 EPSCoR jurisdictions in major activities and initiatives
of the Foundation.
(d) COORDINATION OF EPSCOR AND SIMILAR FEDERAL PROGRAMS.—
(1) ANOTHER FINDING.—The Congress finds that a number
of Federal agencies have programs, such as Experimental Programs to Stimulate Competitive Research and the National
Institutes of Health Institutional Development Award program,
designed to increase the capacity for and quality of science
and technology research and training at academic institutions
in States that historically have received relatively little Federal
research and development funding.
(2) COORDINATION REQUIRED.—The EPSCoR Interagency
Coordinating Committee, chaired by the National Science
Foundation, shall—
(A) coordinate EPSCoR and Federal EPSCoR-like programs to maximize the impact of Federal support for
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PUBLIC LAW 111–358—JAN. 4, 2011
building competitive research infrastructure, and in order
to achieve an integrated Federal effort;
(B) coordinate agency objectives with State and institutional goals, to obtain continued non-Federal support of
science and technology research and training;
(C) develop metrics to assess gains in academic
research quality and competitiveness, and in science and
technology human resource development;
(D) conduct a cross-agency evaluation of EPSCoR and
other Federal EPSCoR-like programs and accomplishments,
including management, investment, and metric-measuring
strategies implemented by the different agencies aimed
to increase the number of new investigators receiving peerreviewed funding, broaden participation, and empower
knowledge generation, dissemination, application, and
national research and development competitiveness;
(E) coordinate the development and implementation
of new, novel workshops, outreach activities, and followup mentoring activities among EPSCoR or EPSCoR-like
programs for colleges and universities in EPSCoR States
and territories in order to increase the number of proposals
submitted and successfully funded and to enhance statewide coordination of EPSCoR and Federal EPSCoR-like
programs;
(F) coordinate the development of new, innovative
solicitations and programs to facilitate collaborations, partnerships, and mentoring activities among faculty at all
levels in non-EPSCoR and EPSCoR States and jurisdictions;
(G) conduct an evaluation of the roles, responsibilities
and degree of autonomy that program officers or managers
(or the equivalent position) have in executing EPSCoR
programs at the different Federal agencies and the impacts
these differences have on the number of EPSCoR State
and jurisdiction faculty participating in the peer review
process and the percentage of successful awards by individual EPSCoR State jurisdiction and individual
researcher; and
(H) conduct a survey of colleges and university faculty
at all levels regarding their knowledge and understanding
of EPSCoR, and their level of interaction with and knowledge about their respective State or Jurisdictional EPSCoR
Committee.
(3) MEETINGS AND REPORTS.—The Committee shall meet
at least twice each fiscal year and shall submit an annual
report to the appropriate committees of Congress describing
progress made in carrying out paragraph (2).
(e) FEDERAL AGENCY REPORTS.—Each Federal agency that
administers an EPSCoR or Federal EPSCoR-like program shall
submit to the OSTP as part of its Federal budget submission—
(1) a description of the program strategy and objectives;
(2) a description of the awards made in the previous year,
including—
(A) the percentage of reviewers and number of new
reviewers from EPSCoR States;
(B) the percentage of new investigators from EPSCoR
States;
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(C) the number of programs or large collaborator
awards involving a partnership of organizations and
institutions from EPSCoR and non-EPSCoR States; and
(3) an analysis of the gains in academic research quality
and competitiveness, and in science and technology human
resource development, achieved by the program in the last
year.
(f) NATIONAL ACADEMY OF SCIENCES STUDY.—
(1) IN GENERAL.—The Director shall contract with the
National Academy of Sciences to conduct a study on all Federal
agencies that administer an Experimental Program to Stimulate Competitive Research or a program similar to the Experimental Program to Stimulate Competitive Research.
(2) MATTERS TO BE ADDRESSED.—The study conducted
under paragraph (1) shall include the following:
(A) A delineation of the policies of each Federal agency
with respect to the awarding of grants to EPSCoR States.
(B) The effectiveness of each program.
(C) Recommendations for improvements for each
agency to achieve EPSCoR goals.
(D) An assessment of the effectiveness of EPSCoR
States in using awards to develop science and engineering
research and education, and science and engineering infrastructure within their States.
(E) Such other issues that address the effectiveness
of EPSCoR as the National Academy of Sciences considers
appropriate.
Contracts.
SEC. 518. SENSE OF THE CONGRESS REGARDING THE SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS TALENT
EXPANSION PROGRAM.
It is the sense of the Congress that—
(1) the Science, Technology, Engineering, and Mathematics
Talent Expansion Program established by the National Science
Foundation Authorization Act of 2002 continues to be an effective program to increase the number of students, who are
citizens or permanent residents of the United States, receiving
associate or baccalaureate degrees in established or emerging
fields within science, technology, engineering, and mathematics,
and its authorization continues;
(2) the strategies employed continue to strengthen mentoring and tutoring between faculty and students and provide
students with information and exposure to potential career
pathways in science, technology, engineering, and mathematics
areas;
(3) this highly competitive program awarded 145 Program
implementation awards and 12 research projects in the first
6 years of operations; and
(4) the Science, Technology, Engineering, and Mathematics
Talent Expansion Program should continue to be supported
by the National Science Foundation.
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SEC. 519. SENSE OF THE CONGRESS REGARDING THE NATIONAL
SCIENCE FOUNDATION’S CONTRIBUTIONS TO BASIC
RESEARCH AND EDUCATION.
(a) FINDINGS.—The Congress finds that—
(1) the National Science Foundation is an independent
Federal agency created by Congress in 1950 to, among other
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things, promote the progress of science, to advance the national
health, prosperity, and welfare, and to secure the national
defense;
(2) the Foundation is the funding source for approximately
20 percent of all federally supported basic research conducted
by America’s colleges and universities, and is the major source
of Federal backing for mathematics, computer science and other
sciences;
(3) the America COMPETES Act of 2007 helped rejuvenate
our focus on increasing basic research investment in the physical sciences, strengthening educational opportunities in the
science, technology, engineering, and mathematics fields and
developing a robust innovation infrastructure; and
(4) reauthorization of the America COMPETES Act should
continue a robust investment in basic research and education
and preserve the essence of the original Act by increasing
the investment focus on science, technology, engineering, and
mathematics basic research and education as a national priority.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that—
(1) the National Science Foundation is the finest scientific
foundation in the world, and is a vital agency that must support
basic research needed to advance the United States into the
21st century;
(2) the National Science Foundation should focus Federal
research and development resources primarily in the areas
of science, technology, engineering, and mathematics basic
research and education; and
(3) the National Science Foundation should strive to ensure
that federally-supported research is of the finest quality, is
ground breaking, and answers questions or solves problems
that are of utmost importance to society at large.
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42 USC
1862p–10.
SEC. 520. ACADEMIC TECHNOLOGY TRANSFER AND COMMERCIALIZATION OF UNIVERSITY RESEARCH.
Reports.
Deadline.
Web site.
(a) IN GENERAL.—Any institution of higher education (as such
term is defined in section 101(A) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))) that receives National Science Foundation research support and has received at least $25,000,000 in
total Federal research grants in the most recent fiscal year shall
keep, maintain, and report annually to the National Science
Foundation the universal record locator for a public website that
contains information concerning its general approach to and mechanisms for transfer of technology and the commercialization of
research results, including—
(1) contact information for individuals and university offices
responsible for technology transfer and commercialization;
(2) information for both university researchers and industry
on the institution’s technology licensing and commercialization
strategies;
(3) success stories, statistics, and examples of how the
university supports commercialization of research results;
(4) technologies available for licensing by the university
where appropriate; and
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(5) any other information deemed by the institution to
be helpful to companies with the potential to commercialize
university inventions.
(b) NSF WEBSITE.—The National Science Foundation shall
create and maintain a website accessible to the public that links
to each website mentioned under (a).
(c) TRADE SECRET INFORMATION.—Notwithstanding subsection
(a), an institution shall not be required to reveal confidential, trade
secret, or proprietary information on its website.
SEC.
521.
STUDY TO
METRICS.
DEVELOP
IMPROVED
IMPACT-ON-SOCIETY
(a) IN GENERAL.—Within 180 days after the date of enactment
of this Act, the Director of the National Science Foundation shall
contract with the National Academy of Sciences to initiate a study
to evaluate, develop, or improve metrics for measuring the potential
impact-on-society, including—
(1) the potential for commercial applications of research
studies funded in whole or in part by grants of financial assistance from the Foundation or other Federal agencies;
(2) the manner in which research conducted at, and individuals graduating from, an institution of higher education contribute to the development of new intellectual property and
the success of commercial activities;
(3) the quality of relevant scientific and international
publications; and
(4) the ability of such institutions to attract external
research funding.
(b) REPORT.—Within 1 year after initiating the study required
by subsection (a), the Director shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science and Technology
setting forth the Director’s findings, conclusions, and recommendations.
Deadline.
Contracts.
SEC. 522. NSF GRANTS IN SUPPORT OF SPONSORED POST-DOCTORAL
FELLOWSHIP PROGRAMS.
42 USC
1862p–11.
The Director of the National Science Foundation may utilize
funds appropriated to carry out grants to institutions of higher
education (as such term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) to provide financial
support for post-graduate research in fields with potential commercial applications to match, in whole or in part, any private sector
grant of financial assistance to any post-doctoral program in such
a field of study.
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SEC. 523. COLLABORATION IN PLANNING FOR STEWARDSHIP OF
LARGE-SCALE FACILITIES.
It is the sense of Congress that—
(1) the Foundation should, in its planning for construction
and stewardship of large facilities, coordinate and collaborate
with other Federal agencies, including the Department of
Energy’s Office of Science, to ensure that joint investments
may be made when practicable;
(2) in particular, the Foundation should ensure that it
responds to recommendations by the National Academy of
Sciences and working groups convened by the National Science
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and Technology Council regarding such facilities and opportunities for partnership with other agencies in the design and
construction of such facilities; and
(3) for facilities in which research in multiple disciplines
will be possible, the Director should include multiple units
within the Foundation during the planning process.
42 USC
1862p–12.
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SEC. 524. CLOUD COMPUTING RESEARCH ENHANCEMENT.
(a) RESEARCH FOCUS AREA.—The Director may support a
national research agenda in key areas affected by the increased
use of public and private cloud computing, including—
(1) new approaches, techniques, technologies, and tools
for—
(A) optimizing the effectiveness and efficiency of cloud
computing environments; and
(B) mitigating security, identity, privacy, reliability,
and manageability risks in cloud-based environments,
including as they differ from traditional data centers;
(2) new algorithms and technologies to define, assess, and
establish large-scale, trustworthy, cloud-based infrastructures;
(3) models and advanced technologies to measure, assess,
report, and understand the performance, reliability, energy
consumption, and other characteristics of complex cloud
environments; and
(4) advanced security technologies to protect sensitive or
proprietary information in global-scale cloud environments.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Director shall initiate a review
and assessment of cloud computing research opportunities and
challenges, including research areas listed in subsection (a),
as well as related issues such as—
(A) the management and assurance of data that are
the subject of Federal laws and regulations in cloud computing environments, which laws and regulations exist on
the date of enactment of this Act;
(B) misappropriation of cloud services, piracy through
cloud technologies, and other threats to the integrity of
cloud services;
(C) areas of advanced technology needed to enable
trusted communications, processing, and storage; and
(D) other areas of focus determined appropriate by
the Director.
(2) UNSOLICITED PROPOSALS.—The Director may accept
unsolicited proposals that review and assess the issues
described in paragraph (1). The proposals may be judged
according to existing criteria of the National Science Foundation.
(c) REPORT.—The Director shall provide an annual report for
not less than 5 consecutive years to Congress on the outcomes
of National Science Foundation investments in cloud computing
research, recommendations for research focus and program improvements, or other related recommendations. The reports, including
any interim findings or recommendations, shall be made publicly
available on the website of the National Science Foundation.
(d) NIST SUPPORT.—The Director of the National Institute of
Standards and Technology shall—
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(1) collaborate with industry in the development of standards supporting trusted cloud computing infrastructures,
metrics, interoperability, and assurance; and
(2) support standards development with the intent of supporting common goals.
SEC. 525. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM.
(a) IN GENERAL.—The Director shall continue to support a
program to award grants on a competitive, merit-reviewed basis
to tribal colleges and universities (as defined in section 316 of
the Higher Education Act of 1965 (20 U.S.C. 1059c), including
institutions described in section 317 of such Act (20 U.S.C. 1059d),
to enhance the quality of undergraduate STEM education at such
institutions and to increase the retention and graduation rates
of Native American students pursuing associate’s or baccalaureate
degrees in STEM.
(b) PROGRAM COMPONENTS.—Grants awarded under this section
shall support—
(1) activities to improve courses and curriculum in STEM;
(2) faculty development;
(3) stipends for undergraduate students participating in
research; and
(4) other activities consistent with subsection (a), as determined by the Director.
(c) INSTRUMENTATION.—Funding provided under this section
may be used for laboratory equipment and materials.
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SEC. 526. BROADER IMPACTS REVIEW CRITERION.
(a) GOALS.—The Foundation shall apply a Broader Impacts
Review Criterion to achieve the following goals:
(1) Increased economic competitiveness of the United
States.
(2) Development of a globally competitive STEM workforce.
(3) Increased participation of women and underrepresented
minorities in STEM.
(4) Increased partnerships between academia and industry.
(5) Improved pre-K–12 STEM education and teacher
development.
(6) Improved undergraduate STEM education.
(7) Increased public scientific literacy.
(8) Increased national security.
(b) POLICY.—Not later than 6 months after the date of 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;
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42 USC
1862p–13.
Grants.
42 USC
1862p–14.
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(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.
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42 USC
1862p–15.
Grants.
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SEC. 527. TWENTY-FIRST CENTURY GRADUATE EDUCATION.
(a) IN GENERAL.—The Director shall award grants, on a
competitive, merit-reviewed basis, to institutions of higher 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, 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
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(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.
SUBTITLE B—STEM-TRAINING GRANT
PROGRAM
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SEC. 551. PURPOSE.
20 USC 9901.
The purpose of this subtitle is to replicate and implement
programs at institutions of higher education that provide integrated
courses of study in science, technology, engineering, or mathematics,
and teacher education, that lead to a baccalaureate degree in
science, technology, engineering, or mathematics with concurrent
teacher certification.
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20 USC 9902.
PUBLIC LAW 111–358—JAN. 4, 2011
SEC. 552. PROGRAM REQUIREMENTS.
The Director shall replicate and implement undergraduate
degree programs under this subtitle that—
(1) are designed to recruit and prepare students who pursue
a baccalaureate degree in science, technology, engineering, or
mathematics to become certified as elementary and secondary
teachers;
(2) require the education department (or its equivalent)
and the departments or division responsible for preparation
of science, technology, engineering, and mathematics majors
at an institution of higher education to collaborate in establishing and implementing the program at that institution;
(3) require students participating in the program to enter
the program through a field-based course and to continue to
complete field-based courses supervised by master teachers
throughout the program;
(4) hire sufficient teachers so that the ratio of students
to master teachers in the program does not exceed 100 to
1;
(5) include instruction in the use of scientifically-based
instructional materials and methods, assessments, pedagogical
content knowledge (including the interaction between mathematics and science), the use of instructional technology, and
how to incorporate State and local standards into the classroom
curriculum;
(6) restrict to students participating in the program those
courses that are specifically designed for the needs of teachers
of science, technology, engineering, and mathematics; and
(7) require students participating in the program to successfully complete a final evaluation of their teaching proficiency,
based on their classroom teaching performance, conducted by
multiple trained observers, and a portfolio of their accomplishments.
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20 USC 9903.
SEC. 553. GRANT PROGRAM.
(a) IN GENERAL.—The Director shall establish a grant program
to support programs at institutions of higher education to carry
out the purpose of this subtitle.
(b) GEOGRAPHICAL CONSIDERATIONS.—In the administration of
this subtitle, the Director shall take such steps as may be necessary
to ensure that grants are equitably distributed across all regions
of the United States, taking into account population density and
other geographic and demographic considerations.
(c) AMOUNT OF GRANT.—Subject to the requirements of subsection (d), the Director may award grants annually on a competitive basis to institutions of higher education in the amount of
$2,000,000, per institution of which—
(1) $1,500,000 shall be used—
(A) to design, implement, and evaluate a program that
meets the requirements of section 552;
(B) to employ master teachers at the institution to
oversee field experiences;
(C) to provide a stipend to mentor teachers participating in the program; and
(D) to support curriculum development and
implementation strategies for science, technology,
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PUBLIC LAW 111–358—JAN. 4, 2011
124 STAT. 4023
engineering, and mathematics content courses taught
through the program; and
(2) up to $500,000 shall be set aside by the grantee for
technical support and evaluation services from the institution
whose programs will be replicated.
(d) ELIGIBILITY.—To be eligible to apply for a grant under
this section, an institution of higher education shall—
(1) include former secondary school science, technology,
engineering, or mathematics master teachers as faculty in its
science department for this program;
(2) grant terminal degrees in science, technology,
engineering, and mathematics; and
(3) have a process to be used in establishing partnerships
with local educational agencies for placement of participating
students in their field experiences, including a process for
identifying mentor teachers working in local schools to supervise classroom field experiences in cooperation with universitybased master teachers;
(4) maintain policies allowing flexible entry to the program
throughout the undergraduate coursework;
(5) require that master teachers employed by the institution
will supervise field experiences of students in the program;
(6) require that the program complies with State certification or licensing requirements and the requirements under
section 9101(23) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(23)) for highly qualified teachers;
(7) develop during the course of the grant a plan for longterm support and assessment of its graduates, which shall
include—
(A) induction support for graduates in their first one
to two years of teaching;
(B) systems to determine the teaching status of graduates and thereby determine retention rates; and
(C) methods to analyze the achievement of students
taught by graduates, and methods to analyze classroom
practices of graduates; and
(8) be able upon completion of the grant at the end of
5 years to fund essential program costs, including salaries
of master teachers and other necessary personnel, from recurring university budgets.
(e) APPLICATION REQUIREMENTS.—An institution of higher education seeking a grant under the program shall submit an application to the Director in such form, at such time, and containing
such information and assurances as the Director may require,
including—
(1) a description of the current rate at which individuals
majoring in science, technology, engineering, and mathematics
become certified as elementary and secondary teachers;
(2) a description for the institution’s plan for increasing
the numbers of students enrolled in and graduating from the
program supported under this subtitle;
(3) a description of the institution’s capacity to develop
a program in which individuals majoring in science, technology,
engineering, and mathematics can become certified as
elementary and secondary teachers;
(4) identification of the organizational unit within the
department or division of arts and sciences or the science
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Deadline.
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20 USC 9904.
PUBLIC LAW 111–358—JAN. 4, 2011
department at the institution that will adopt teacher certification for elementary and secondary teachers as its primary
mission;
(5) identification of core faculty within the department
or division of arts and sciences or the science department
at the institution to champion teacher preparation in their
departments by teaching courses dedicated to preparing future
elementary and secondary school teachers, helping create new
degree plans, advising prospective students within their major,
and assisting as needed with program administration;
(6) identification of core faculty in the education department or its equivalent at the institution to champion teacher
preparation by creating and teaching courses specific to the
preparation of science, technology, engineering, and mathematics and working closely with colleagues in the department
or division of arts and sciences or the science department;
and
(7) a description of involving practical, field-based experience in teaching and degree plans enabling students to graduate
in 4 years with a major in science, technology, engineering,
or mathematics and elementary or secondary school teacher
certification.
(f) MATCHING REQUIREMENT.—An institution of higher education may not receive a grant under this section unless it provides,
from non-federal sources, to carry out the activities supported by
the grant, an amount that is not less than—
(1) 35 percent of the amount of the grant for the first
fiscal year of the grant;
(2) 55 percent of the amount of the grant for the second
and third fiscal years of the grant; and
(3) 75 percent of the amount of the grant for the fourth
and fifth fiscal years of the grant.
(g) GUIDANCE.—Within 90 days after the date of enactment
of this Act, the Director shall initiate a proceeding to promulgate
guidance for the administration of the grant program established
under subsection (a).
SEC. 554. GRANT OVERSIGHT AND ADMINISTRATION.
(a) IN GENERAL.—The Director may execute a contract for program oversight and fiscal management with an organization at
an institution of higher education, a non-profit organization, or
other entity that demonstrates capacity for and experience in—
(1) replicating 1 or more similar programs at regional or
national levels;
(2) providing programmatic and technical implementation
assistance for the program;
(3) performing data collection and analysis to ensure proper
implementation and continuous program improvement; and
(4) providing accountability for results by measuring and
monitoring achievement of programmatic milestones.
(b) OVERSIGHT RESPONSIBILITIES.—
(1) MANDATORY DUTIES.—If the Director executes a contract
under subsection (a) with an organization for program oversight
and fiscal management, the organization shall—
(A) ensure that a grant recipient faithfully replicates
and implements the program or programs for which the
grant is awarded;
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(B) ensure that grant funds are used for the purposes
authorized and that a grant recipient has a system in
place to track and account for all Federal grant funds
provided;
(C) provide technical assistance to grant recipients;
(D) collect and analyze data and report to the Director
annually on the effects of the program on—
(i) the progress of participating students in
achieving teaching competence and teaching certification;
(ii) the participation of students in the program
by major, compared with local and State needs on
secondary teachers by discipline; and
(iii) the participation of students in the program
by demographic subgroup;
(E) collect and analyze data and report to the Director
annually on the effects of the program on the academic
achievement of elementary and secondary school students
taught by graduates of programs funded by grants under
this subtitle; and
(F) submit an annual report to the Director demonstrating compliance with the requirements of subparagraphs (A) through (E).
(2) DISCRETIONARY DUTIES.—At the request of the Director,
the organization under contract under subsection (a) may assist
the Director in evaluating grant applications.
(c) REPORTS TO CONGRESS.—The Director shall submit a copy
of the annual report required by subsection (b)(1)(F) to the Senate
Committee on Commerce, Science, and Transportation, the Senate
Committee on Health, Education, Labor, and Pensions, the House
of Representatives Committee on Science and Technology, and the
House of Representatives Committee on Education and Labor.
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SEC. 555. DEFINITIONS.
Reports.
Deadline.
Reports.
Deadline.
Reports.
Deadline.
20 USC 9905.
In this subtitle:
(1) FIELD-BASED COURSE.—The term ‘‘field-based course’’
means a course of instruction offered by an institution of higher
education that includes a requirement that students teach a
minimum of 3 lessons or sequences of lessons to elementary
or secondary students.
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given that term
by section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(3) MASTER TEACHER.—The term ‘‘master teacher’’ means
an individual—
(A) who has been awarded a master’s or doctoral degree
by an institution of higher education;
(B) whose graduate coursework included courses in
mathematics, science, computer science, or engineering;
(C) who has at least 3 years teaching experience in
K–12 settings; and
(D) whose teaching has been recognized for exceptional
accomplishments in educating students, or is demonstrated
to have resulted in improved student achievement.
(4) MENTOR TEACHER.—The term ‘‘mentor teacher’’ means
an elementary or secondary school classroom teacher who
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PUBLIC LAW 111–358—JAN. 4, 2011
assists with the training of students participating in a fieldbased course.
(5) DIRECTOR.—The term ‘‘Director’’ means the Director
of the National Science Foundation.
SEC. 556. AUTHORIZATION OF APPROPRIATIONS.
20 USC 9906.
There are authorized to be appropriated to the Director to
carry out this subtitle $10,000,000 for each of fiscal years 2011
through 2013.
TITLE VI—INNOVATION
SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.
The Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.), as amended by section 106 of this Act, is
amended by adding at the end the following:
Establishment.
15 USC 3720.
‘‘SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.
‘‘(a) IN GENERAL.—The Secretary shall establish an Office of
Innovation and Entrepreneurship to foster innovation and the
commercialization of new technologies, products, processes, and
services with the goal of promoting productivity and economic
growth in the United States.
‘‘(b) DUTIES.—The Office of Innovation and Entrepreneurship
shall be responsible for—
‘‘(1) developing policies to accelerate innovation and
advance the commercialization of research and development,
including federally funded research and development;
‘‘(2) identifying existing barriers to innovation and commercialization, including access to capital and other resources, and
ways to overcome those barriers, particularly in States participating in the Experimental Program to Stimulate Competitive
Research;
‘‘(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, between
the Department of Commerce and other Federal agencies, and
between the Department of Commerce and appropriate State
government agencies and institutions, as appropriate; and
‘‘(5) any other duties as determined by the Secretary.
‘‘(c) ADVISORY COMMITTEE.—The Secretary shall establish an
Advisory Council on Innovation and Entrepreneurship to provide
advice to the Secretary on carrying out subsection (b).’’.
SEC. 602. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN MANUFACTURING.
The Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.), as amended by section 601, is further amended
by adding at the end the following:
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15 USC 3721.
‘‘SEC. 26. 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-
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PUBLIC LAW 111–358—JAN. 4, 2011
124 STAT. 4027
sized manufacturers for the use or production of innovative technologies.
‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee may be made under
the program only for a project that re-equips, expands, or establishes a manufacturing facility in the United States—
‘‘(1) to use an innovative technology or an innovative
process in manufacturing;
‘‘(2) to manufacture an innovative technology product or
an integral component of such a product; or
‘‘(3) to commercialize an innovative product, process, or
idea that was developed by research funded in whole or in
part by a grant from the Federal government.
‘‘(c) ELIGIBLE BORROWER.—A loan guarantee may be made
under the program only for a borrower who is a small- or mediumsized manufacturer, as determined by the Secretary under the
criteria established pursuant to subsection (l).
‘‘(d) LIMITATION ON AMOUNT.—A loan guarantee shall not
exceed an amount equal to 80 percent of the obligation, as estimated
at the time at which the loan guarantee is issued.
‘‘(e) LIMITATIONS ON LOAN GUARANTEE.—No loan guarantee
shall be made unless the Secretary determines that—
‘‘(1) there is a reasonable prospect of repayment of the
principal and interest on the obligation by the borrower;
‘‘(2) the amount of the obligation (when combined with
amounts available to the borrower from other sources) is 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.
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Regulations.
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‘‘(2) SUBROGATION.—
‘‘(A) IN GENERAL.—If the Secretary makes a payment
under paragraph (1), the Secretary shall be subrogated
to the rights, as specified in the loan guarantee, of the
recipient of the payment or related agreements including,
if appropriate, the authority (notwithstanding any other
provision of law)—
‘‘(i) to complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such
loan guarantee or related agreement; or
‘‘(ii) to 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) TERMS AND CONDITIONS.—A loan guarantee under this
section shall include such detailed terms and conditions as the
Secretary determines appropriate—
‘‘(1) to protect the interests of the United States in the
case of default; and
‘‘(2) to have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project.
‘‘(h) CONSULTATION.—In establishing the terms and conditions
of a loan guarantee under this section, the Secretary shall consult
with the Secretary of the Treasury.
‘‘(i) FEES.—
‘‘(1) IN GENERAL.—The Secretary shall charge and collect
fees for loan guarantees in amounts the Secretary determines
are sufficient to cover applicable administrative expenses.
‘‘(2) AVAILABILITY.—Fees collected under this subsection
shall—
‘‘(A) be deposited by the Secretary into the Treasury
of the United States; and
‘‘(B) remain available until expended, subject to such
other conditions as are contained in annual appropriations
Acts.
‘‘(3) LIMITATION.—In charging and collecting fees under
paragraph (1), the Secretary shall take into consideration the
amount of the obligation.
‘‘(j) RECORDS.—
‘‘(1) IN GENERAL.—With respect to a loan guarantee under
this section, the borrower, the lender, and any other appropriate
party shall keep such records and other pertinent documents
as the Secretary shall prescribe by regulation, including such
records as the Secretary may require to facilitate an effective
audit.
‘‘(2) ACCESS.—The Secretary and the Comptroller General
of the United States, or their duly authorized representatives,
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PUBLIC LAW 111–358—JAN. 4, 2011
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shall have access to records and other pertinent documents
for the purpose of conducting an audit.
‘‘(k) FULL FAITH AND CREDIT.—The full faith and credit of
the United States is pledged to the payment of all loan guarantees
issued under this section with respect to principal and interest.
‘‘(l) REGULATIONS.—The Secretary shall issue final regulations
before making any loan guarantees under the program. The 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 a 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 (i), including
criteria related to the amount of the obligation;
‘‘(3) policies and procedures for selecting and monitoring
lenders and loan performance; and
‘‘(4) any other policies, procedures, or information necessary
to implement this section.
‘‘(m) AUDIT.—
‘‘(1) ANNUAL INDEPENDENT AUDITS.—The Secretary shall
enter into an arrangement with an independent auditor for
annual evaluations of the program under this section.
‘‘(2) COMPTROLLER GENERAL REVIEW.—The Comptroller
General of the United States shall conduct a biennial review
of the Secretary’s execution of the program under this section.
‘‘(3) REPORT.—The results of the independent audit under
paragraph (1) and the Comptroller General’s review under 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.
‘‘(n) REPORT TO CONGRESS.—Concurrent with the submission
to Congress of the President’s annual budget request in each year
after the date of enactment of the America COMPETES Reauthorization Act of 2010, the Secretary shall transmit to the Committee
on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a report containing a summary of all activities carried
out under this section.
‘‘(o) COORDINATION AND NONDUPLICATION.—To the maximum
extent practicable, the Secretary shall ensure that the activities
carried out under this section are coordinated with, and do not
duplicate the efforts of, other loan guarantee programs within the
Federal Government.
‘‘(p) MEP CENTERS.—The Secretary may use centers established
under section 25 of the National Institute of Standards and 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.
‘‘(q) 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
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Regulations.
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‘Policies for Federal Credit Programs and Non-Tax Receivables’,
as in effect on the date of enactment of the America COMPETES
Reauthorization Act of 2010.
‘‘(r) SENSE OF CONGRESS.—It is the sense of Congress that
no loan guarantee shall be made under this section unless the
borrower agrees to use a federally-approved electronic employment
eligibility verification system to verify the employment eligibility
of—
‘‘(1) all persons hired during the contract term by the
borrower to perform employment duties within the United
States; and
‘‘(2) all persons assigned by the borrower to perform work
within the United States on the project.
‘‘(s) DEFINITIONS.—In this section:
‘‘(1) COST.—The term ‘cost’ has the meaning given such
term under section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a).
‘‘(2) INNOVATIVE PROCESS.—The term ‘innovative process’
means a process that is significantly improved as compared
to the process in general use in the commercial marketplace
in the United States at the time the loan guarantee is issued.
‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘innovative technology’ means a technology that is significantly improved as
compared to the technology in general use in the commercial
marketplace in the United States at the time the loan guarantee
is issued.
‘‘(4) LOAN GUARANTEE.—The term ‘loan guarantee’ has the
meaning given such term in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan
guarantee commitment (as defined in section 502 of such Act
(2 U.S.C. 661a)).
‘‘(5) OBLIGATION.—The term ‘obligation’ means the loan
or other debt obligation that is guaranteed under this section.
‘‘(6) PROGRAM.—The term ‘program’ means the loan guarantee program established in subsection (a).
‘‘(t) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $20,000,000 for each of fiscal years 2011 through
2013 to provide the cost of loan guarantees under this section.’’.
SEC. 603. REGIONAL INNOVATION PROGRAM.
The Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.), as amended by section 602, is further amended
by adding at the end thereof the following:
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15 USC 3722.
‘‘SEC. 27. REGIONAL INNOVATION PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a regional
innovation program to encourage and support the development of
regional innovation strategies, including regional innovation clusters and science and research parks.
‘(b) CLUSTER GRANTS.—
‘‘(1) IN GENERAL.—As part of the program established under
subsection (a), the Secretary may award grants on a competitive
basis to eligible recipients for activities relating to the formation
and development of regional innovation clusters.
‘‘(2) PERMISSIBLE ACTIVITIES.—Grants awarded under this
subsection may be used for activities determined appropriate
by the Secretary, including the following:
‘‘(A) Feasibility studies.
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‘‘(B) Planning activities.
‘‘(C) Technical assistance.
‘‘(D) Developing or strengthening communication and
collaboration between and among participants of a regional
innovation cluster.
‘‘(E) Attracting additional participants to a regional
innovation cluster.
‘‘(F) Facilitating market development of products and
services developed by a regional innovation cluster,
including through demonstration, deployment, technology
transfer, and commercialization activities.
‘‘(G) Developing relationships between a regional
innovation cluster and entities or clusters in other regions.
‘‘(H) Interacting with the public and State and local
governments to meet the goals of the cluster.
‘‘(3) ELIGIBLE RECIPIENT DEFINED.—In this subsection, the
term ‘eligible recipient’ means—
‘‘(A) a State;
‘‘(B) an Indian tribe;
‘‘(C) a city or other political subdivision of a State;
‘‘(D) an entity that—
‘‘(i) is a nonprofit organization, an institution of
higher education, a public-private partnership, a
science or research park, a Federal laboratory, or an
economic development organization or similar entity;
and
‘‘(ii) has an application that is supported by a
State or a political subdivision of a State; or
‘‘(E) a consortium of any of the entities described in
subparagraphs (A) through (D).
‘‘(4) APPLICATION.—
‘‘(A) IN GENERAL.—An eligible recipient shall submit
an application to the Secretary at such time, in such
manner, and containing such information and assurances
as the Secretary may require.
‘‘(B) COMPONENTS.—The application shall include, at
a minimum, a description of the regional innovation cluster
supported by the proposed activity, including a description
of—
‘‘(i) whether the regional innovation cluster is 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 existing participants;
‘‘(iii) the extent to which the regional innovation
cluster is likely to stimulate innovation and have a
positive impact on regional economic growth and
development;
‘‘(iv) whether the participants in the regional
innovation cluster have access to, or contribute to,
a well-trained workforce;
‘‘(v) whether the participants in the regional
innovation cluster are capable of attracting additional
funds from non-Federal sources; and
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‘‘(vi) the likelihood that the participants in the
regional innovation cluster will be able to sustain
activities once grant funds under this subsection have
been expended.
‘‘(C) SPECIAL CONSIDERATION.—The Secretary shall give
special consideration to applications from regions that contain communities negatively impacted by trade.
‘‘(5) SPECIAL CONSIDERATION.—The Secretary shall give special consideration to an eligible recipient who agrees to collaborate with local workforce investment area boards.
‘‘(6) COST SHARE.—The Secretary may not provide more
than 50 percent of the total cost of any activity funded under
this subsection.
‘‘(7) USE AND APPLICATION OF RESEARCH AND INFORMATION
PROGRAM.—To the maximum extent practicable, the Secretary
shall ensure that activities funded under this subsection use
and apply any relevant research, best practices, and metrics
developed under the program established in subsection (c).
‘‘(c) SCIENCE AND RESEARCH PARK DEVELOPMENT GRANTS.—
‘‘(1) IN GENERAL.—As part of the program established under
subsection (a), the Secretary may award grants for the development of feasibility studies and plans for the construction of
new science parks or the renovation or expansion of existing
science parks.
‘‘(2) LIMITATION ON AMOUNT OF GRANTS.—The amount of
a grant awarded under this subsection may not exceed
$750,000.
‘‘(3) AWARD.—
‘‘(A) COMPETITION REQUIRED.—The Secretary shall
award grants under this subsection pursuant to a full
and open competition.
‘‘(B) GEOGRAPHIC DISPERSION.—In conducting a
competitive process, the Secretary shall consider the need
to avoid undue geographic concentration among any one
category of States based on their predominant rural or
urban character as indicated by population density.
‘‘(C) SELECTION CRITERIA.—The Secretary shall publish
the criteria to be utilized in any competition for the selection of recipients of grants under this subsection, which
shall include requirements relating to the—
‘‘(i) effect the science park will have on regional
economic growth and development;
‘‘(ii) number of jobs to be created at the science
park and the surrounding regional community each
year during its first 3 years;
‘‘(iii) funding to be required to construct, renovate
or expand the science park during its first 3 years;
‘‘(iv) amount and type of financing and access to
capital available to the applicant;
‘‘(v) types of businesses and research entities
expected in the science park and surrounding regional
community;
‘‘(vi) letters of intent by businesses and research
entities to locate in the science park;
‘‘(vii) capability to attract a well trained workforce
to the science park;
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‘‘(viii) the management of the science park during
its first 5 years;
‘‘(ix) expected financial risks in the construction
and operation of the science park and the risk mitigation strategy;
‘‘(x) physical infrastructure available to the science
park, including roads, utilities, and telecommunications;
‘‘(xi) utilization of energy-efficient building technology including nationally recognized green building
design practices, renewable energy, cogeneration, and
other methods that increase energy efficiency and conservation;
‘‘(xii) consideration to the transformation of military bases affected by the base realignment and closure
process or the redevelopment of existing buildings,
structures, or brownfield sites that are abandoned,
idled, or underused into single or multiple building
facilities for science and technology companies and
institutions;
‘‘(xiii) ability to collaborate with other science
parks throughout the world;
‘‘(xiv) consideration of sustainable development
practices and the quality of life at the science park;
and
‘‘(xv) other such criteria as the Secretary shall
prescribe.
‘‘(4) ALLOCATION CONSTRAINTS.—The Secretary may not
allocate less than one-third of the total grant funding allocated
under this section for any fiscal year to grants under subsection
(b) or this subsection without written notification to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committees on Science and Technology and on Energy and Commerce.
‘‘(d) LOAN GUARANTEES FOR SCIENCE PARK INFRASTRUCTURE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
may guarantee up to 80 percent of the loan amount for projects
for the construction or expansion, including renovation and
modernization, of science park infrastructure.
‘‘(2) LIMITATIONS ON GUARANTEE AMOUNTS.—The maximum
amount of loan principal guaranteed under this subsection may
not exceed—
‘‘(A) $50,000,000 with respect to any single project;
and
‘‘(B) $300,000,000 with respect to all projects.
‘‘(3) SELECTION OF GUARANTEE RECIPIENTS.—The Secretary
shall select recipients of loan guarantees under this subsection
based upon the ability of the recipient to collateralize the
loan amount through bonds, equity, property, and such other
things of values as the Secretary shall deem necessary. Recipients of grants under subsection (c) are not eligible for a loan
guarantee during the period of the grant. To the extent that
the Secretary determines it to be feasible, the Secretary may
select recipients of guarantee assistance in accord with a
competitive process that takes into account the factors set
out in subsection (c)(3)(C) of this section.
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124 STAT. 4034
PUBLIC LAW 111–358—JAN. 4, 2011
‘‘(4) TERMS AND CONDITIONS FOR LOAN GUARANTEES.—The
loans guaranteed under this subsection shall be subject to
such terms and conditions as the Secretary may prescribe,
except that—
‘‘(A) the final maturity of such loans made or guaranteed may not exceed the lesser of—
‘‘(i) 30 years; or
‘‘(ii) 90 percent of the useful life of any physical
asset to be financed by the loan;
‘‘(B) a loan guaranteed under this subsection may not
be subordinated to another debt contracted by the borrower
or to any other claims against the borrowers in the case
of default;
‘‘(C) a loan may not be guaranteed under this subsection unless the Secretary determines that the lender
is responsible and that provision is made for servicing
the loan on reasonable terms and in a manner that adequately protects the financial interest of the United States;
‘‘(D) a loan may not be guaranteed under this subsection if—
‘‘(i) the income from the loan is excluded from
gross income for purposes of chapter 1 of the Internal
Revenue Code of 1986; or
‘‘(ii) the guarantee provides significant collateral
or security, as determined by the Secretary in coordination with the Secretary of the Treasury, for other
obligations the income from which is so excluded;
‘‘(E) any guarantee provided under this subsection shall
be conclusive evidence that—
‘‘(i) the guarantee has been properly obtained;
‘‘(ii) the underlying loan qualified for the guarantee; and
‘‘(iii) absent fraud or material misrepresentation
by the holder, the guarantee is presumed to be valid,
legal, and enforceable;
‘‘(F) the Secretary may not extend credit assistance
unless the Secretary has determined that there is a reasonable assurance of repayment; and
‘‘(G) new loan guarantees may not be committed except
to the extent that appropriations of budget authority to
cover their costs are made in advance, as required under
section 504 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c).
‘‘(5) PAYMENT OF LOSSES.—
‘‘(A) IN GENERAL.—If, as a result of a default by a
borrower under a loan guaranteed under this subsection,
after the holder has made such further collection efforts
and instituted such enforcement proceedings as the Secretary may require, the Secretary determines that the
holder has suffered a loss, the Secretary shall pay to the
holder the percentage of the loss specified in the guarantee
contract. Upon making any such payment, the Secretary
shall be subrogated to all the rights of the recipient of
the payment. The Secretary shall be entitled to recover
from the borrower the amount of any payments made
pursuant to any guarantee entered into under this section.
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‘‘(B) ENFORCEMENT OF RIGHTS.—The Attorney General
shall take such action as may be appropriate to enforce
any right accruing to the United States as a result of
the issuance of any guarantee under this section.
‘‘(C) FORBEARANCE.—Nothing in this section may be
construed to preclude any forbearance for the benefit of
the borrower which may be agreed upon by the parties
to the guaranteed loan and approved by the Secretary,
if budget authority for any resulting subsidy costs (as
defined in section 502(5) of the Federal Credit Reform
Act of 1990) is available.
‘‘(6) EVALUATION OF CREDIT RISK.—
‘‘(A) The Secretary shall periodically assess the credit
risk of new and existing direct loans or guaranteed loans.
‘‘(B) Not later than 2 years after the date of the enactment of the America COMPETES Reauthorization Act of
2010, the Comptroller General of the United States shall—
‘‘(i) conduct a review of the subsidy estimates for
the loan guarantees under this section; and
‘‘(ii) submit to Congress a report on the review
conducted under this paragraph.
‘‘(7) TERMINATION.—A loan may not be guaranteed under
this section after September 30, 2013.
‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $7,000,000 for each of fiscal
years 2011 through 2013 for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of guaranteeing
$300,000,000 in loans under this section, such sums to remain
available until expended.
‘‘(e) REGIONAL INNOVATION RESEARCH AND INFORMATION PROGRAM.—
‘‘(1) IN GENERAL.—As part of the program established under
subsection (a), the Secretary shall establish a regional innovation research and information program—
‘‘(A) to 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) to provide technical assistance, including through
the development of technical assistance guides, for the
development and implementation of regional innovation
strategies (including regional innovation clusters);
‘‘(C) to support the development of relevant metrics
and measurement standards to evaluate regional innovation strategies (including regional innovation clusters),
including the extent to which such strategies stimulate
innovation, productivity, and economic development; and
‘‘(D) to collect and make available data on regional
innovation cluster activity in the United States, including
data on—
‘‘(i) the size, specialization, and competitiveness
of regional innovation clusters;
‘‘(ii) the regional domestic product contribution,
total jobs and earnings by key occupations, establishment size, nature of specialization, patents, Federal
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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) REGIONAL INNOVATION GRANT PROGRAM.—The Secretary shall incorporate data and analysis relating to any grant
under subsection (b) or (c) and any loan guarantee under subsection (d) into the program established under this subsection.
‘‘(f) INTERAGENCY COORDINATION.—
‘‘(1) IN GENERAL.—To the maximum extent practicable, the
Secretary shall ensure that the activities carried out under
this section are coordinated with, and do not duplicate the
efforts of, other programs at the Department of Commerce
or other Federal agencies.
‘‘(2) COLLABORATION.—
‘‘(A) IN GENERAL.—The Secretary shall explore and
pursue collaboration with other Federal agencies, including
through multiagency funding opportunities, on regional
innovation strategies.
‘‘(B) SMALL BUSINESSES.—The Secretary shall ensure
that such collaboration with Federal agencies prioritizes
the needs and challenges of small businesses.
‘‘(g) EVALUATION.—
‘‘(1) IN GENERAL.—Not later than 3 years after the date
of enactment of the America COMPETES Reauthorization Act
of 2010, the Secretary shall enter into a contract with an
independent entity, such as the National Academy of Sciences,
to conduct an evaluation of the program established under
subsection (a).
‘‘(2) REQUIREMENTS.—The evaluation shall include—
‘‘(A) whether the program is achieving its goals;
‘‘(B) any recommendations for how the program may
be improved; and
‘‘(C) a recommendation as to whether the program
should be continued or terminated.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) REGIONAL INNOVATION CLUSTER.—The term ‘regional
innovation cluster’ means a geographically bounded network
of similar, synergistic, or complementary entities that—
‘‘(A) are engaged in or with a particular industry sector;
‘‘(B) have active channels for business transactions
and communication;
‘‘(C) share specialized infrastructure, labor markets,
and services; and
‘‘(D) leverage the region’s unique competitive strengths
to stimulate innovation and create jobs.
‘‘(2) SCIENCE PARK.—The term ‘Science park’ means a property-based venture, which has—
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‘‘(A) master-planned property and buildings designed
primarily for private-public research and development
activities, high technology and science-based companies,
and research and development support services;
‘‘(B) a contractual or operational relationship with one
or more science- or research-related institution of higher
education or governmental or non-profit research laboratories;
‘‘(C) a primary mission to promote research and
development through industry partnerships, assisting in
the growth of new ventures and promoting innovationdriven economic development;
‘‘(D) a role in facilitating the transfer of technology
and business skills between researchers and industry
teams; and
‘‘(E) a role in promoting technology-led economic
development for the community or region in which the
science park is located.A science park may be owned by
a governmental or not-for-profit entity, but it may enter
into partnerships or joint ventures with for-profit entities
for development or management of specific components
of the park.
‘‘(3) STATE.—The term ‘State’ means one of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory
or possession of the United States.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—Except as provided
in subsection (d)(8), there are authorized to be appropriated
$100,000,000 for each of fiscal years 2011 through 2013 to carry
out this section (other than for loan guarantees under subsection
(d)).’’.
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SEC. 604. STUDY ON ECONOMIC COMPETITIVENESS AND INNOVATIVE
CAPACITY OF UNITED STATES AND DEVELOPMENT OF
NATIONAL ECONOMIC COMPETITIVENESS STRATEGY.
(a) STUDY.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Secretary of Commerce shall
complete a comprehensive study of the economic competitiveness and innovative capacity of the United States.
(2) MATTERS COVERED.—The study required by paragraph
(1) shall include the following:
(A) An analysis of the United States economy and
innovation infrastructure.
(B) An assessment of the following:
(i) The current competitive and innovation
performance of the United States economy relative to
other countries that compete economically with the
United States.
(ii) Economic competitiveness and domestic innovation in the current business climate, including tax and
Federal regulatory policy.
(iii) The business climate of the United States
and those of other countries that compete economically
with the United States.
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124 STAT. 4038
PUBLIC LAW 111–358—JAN. 4, 2011
(iv) Regional issues that influence the economic
competitiveness and innovation capacity of the United
States, including—
(I) the roles of State and local governments
and institutions of higher education; and
(II) regional factors that contribute positively
to innovation.
(v) The effectiveness of the Federal Government
in supporting and promoting economic competitiveness
and innovation, including any duplicative efforts of,
or gaps in coverage between, Federal agencies and
departments.
(vi) Barriers to competitiveness in newly emerging
business or technology sectors, factors influencing
underperforming economic sectors, unique issues facing
small and medium enterprises, and barriers to the
development and evolution of start-ups, firms, and
industries.
(vii) The effects of domestic and international trade
policy on the competitiveness of the United States and
the United States economy.
(viii) United States export promotion and export
finance programs relative to export promotion and
export finance programs of other countries that compete economically with the United States, including
Canada, France, Germany, Italy, Japan, Korea, and
the United Kingdom, with noting of export promotion
and export finance programs carried out by such countries that are not analogous to any programs carried
out by the United States.
(ix) The effectiveness of current policies and programs affecting exports, including an assessment of
Federal trade restrictions and State and Federal export
promotion activities.
(x) The effectiveness of the Federal Government
and Federally funded research and development centers in supporting and promoting technology commercialization and technology transfer.
(xi) Domestic and international intellectual property policies and practices.
(xii) Manufacturing capacity, logistics, and supply
chain dynamics of major export sectors, including
access to a skilled workforce, physical infrastructure,
and broadband network infrastructure.
(xiii) Federal and State policies relating to science,
technology, and education and other relevant Federal
and State policies designed to promote commercial
innovation, including immigration policies.
(C) Development of recommendations on the following:
(i) How the United States should invest in human
capital.
(ii) How the United States should facilitate
entrepreneurship and innovation.
(iii) How best to develop opportunities for locally
and regionally driven innovation by providing Federal
support.
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PUBLIC LAW 111–358—JAN. 4, 2011
124 STAT. 4039
(iv) How best to strengthen the economic infrastructure and industrial base of the United States.
(v) How to improve the international competitiveness of the United States.
(3) CONSULTATION.—
(A) IN GENERAL.—The study required by paragraph
(1) shall be conducted in consultation with the National
Economic Council of the Office of Policy Development, such
Federal agencies as the Secretary considers appropriate,
and the Innovation Advisory Board established under
subparagraph (B). The Secretary shall also establish a
process for obtaining comments from the public.
(B) INNOVATION ADVISORY BOARD.—
(i) IN GENERAL.—The Secretary shall establish an
Innovation Advisory Board for purposes of obtaining
advice with respect to the conduct of the study required
by paragraph (1).
(ii) COMPOSITION.—The Advisory Board established
under clause (i) shall be comprised of 15 members,
appointed by the Secretary—
(I) who shall represent all major industry sectors;
(II) a majority of whom should be from private
industry, including large and small firms, representing advanced technology sectors and more
traditional sectors that use technology; and
(III) who may include economic or innovation
policy experts, State and local government officials
active in technology-based economic development,
and representatives from higher education.
(iii) EXEMPTION FROM FACA.—The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
advisory board established under clause (i).
(b) STRATEGY.—
(1) IN GENERAL.—Not later than 1 year after the completion
of the study required by subsection (a), the Secretary shall
develop, based on the study required by subsection (a)(1), a
national 10-year strategy to strengthen the innovative and
competitive capacity of the Federal Government, State and
local governments, United States institutions of higher education, and the private sector of the United States.
(2) ELEMENTS.—The strategy required by paragraph (1)
shall include the following:
(A) Actions to be taken by individual Federal agencies
and departments to improve competitiveness.
(B) Proposed legislative actions for consideration by
Congress.
(C) Annual goals and milestones for the 10-year period
of the strategy.
(D) A plan for monitoring the progress of the Federal
Government with respect to improving conditions for
innovation and the competitiveness of the United States.
(c) REPORT.—
(1) IN GENERAL.—Upon the completion of the strategy
required by subsection (b), the Secretary of Commerce shall
submit to Congress and the President a report on the study
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conducted under subsection (a) and the strategy developed
under subsection (b).
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) The findings of the Secretary with respect to the
study conducted under subsection (a).
(B) The strategy required by subsection (b).
15 USC 3701
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SEC. 605. PROMOTING USE OF HIGH-END COMPUTING SIMULATION
AND MODELING BY SMALL- AND MEDIUM-SIZED MANUFACTURERS.
(a) FINDINGS.—Congress finds that—
(1) the utilization of high-end computing simulation and
modeling by large-scale government contractors and Federal
research entities has resulted in substantial improvements in
the development of advanced manufacturing technologies; and
(2) such simulation and modeling would also benefit smalland medium-sized manufacturers in the United States if such
manufacturers were to deploy such simulation and modeling
throughout their manufacturing chains.
(b) POLICY.—It is the policy of the United States to take all
effective measures practicable to ensure that Federal programs
and policies encourage and contribute to the use of high-end computing simulation and modeling in the United States manufacturing
sector.
(c) STUDY.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of Energy and the Director
of the Office of Science and Technology Policy, shall carry
out, through an interagency consulting process, a study of the
barriers to the use of high-end computing simulation and modeling by small- and medium-sized manufacturers in the United
States.
(2) FACTORS.—In carrying out the study required by paragraph (1), the Secretary of Commerce, in consultation with
the Secretary of Energy and the Director of the Office of Science
and Technology Policy, shall consider the following:
(A) The access of small- and medium-sized manufacturers in the United States to high-performance computing
facilities and resources.
(B) The availability of software and other applications
tailored to meet the needs of such manufacturers.
(C) Whether such manufacturers employ or have access
to individuals with appropriate expertise for the use of
such facilities and resources.
(D) Whether such manufacturers have access to
training to develop such expertise.
(E) The availability of tools and other methods to such
manufacturers to understand and manage the costs and
risks associated with transitioning to the use of such facilities and resources.
(3) REPORT.—Not later than 270 days after the commencement of the study required by paragraph (1), the Secretary
of Commerce shall, in consultation with the Secretary of Energy
and the Director of the Office of Science and Technology Policy,
submit to Congress a report on such study. Such report shall
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include such recommendations for such legislative or administrative action as the Secretary of Commerce considers appropriate in light of the study to increase the utilization of highend computing simulation and modeling by small- and mediumsized manufacturers in the United States.
(d) AUTHORIZATION OF DEMONSTRATION AND PILOT PROGRAMS.—
As part of the study required by subsection (c)(1), the Secretary
of Commerce, the Secretary of Energy, and the Director of the
Office of Science and Technology Policy may carry out such demonstration or pilot programs as either Secretary or the Director
considers appropriate to gather experiential data to evaluate the
feasibility and advisability of a specific program or policy initiative
to reduce barriers to the utilization of high-end computer modeling
and simulation by small- and medium-sized manufacturers in the
United States.
TITLE VII—NIST GREEN JOBS
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘NIST Grants for Energy Efficiency, New Job Opportunities, and Business Solutions Act of 2010’’
or the ‘‘NIST GREEN JOBS Act of 2010’’.
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SEC. 702. FINDINGS.
Congress finds the following:
(1) Over its 20-year existence, the Hollings Manufacturing
Extension Partnership has proven its value to manufacturers
as demonstrated by the resulting impact on jobs and the economies of all 50 States and the Nation as a whole.
(2) The Hollings Manufacturing Extension Partnership has
helped thousands of companies reinvest in themselves through
process improvement and business growth initiatives leading
to more sales, new markets, and the adoption of technology
to deliver new products and services.
(3) Manufacturing is an increasingly important part of
the construction sector as the industry moves to the use of
more components and factory built sub-assemblies.
(4) Construction practices must become more efficient and
precise if the United States is to construct and renovate its
building stock to reduce related carbon emissions to levels
that are consistent with combating global warming.
(5) Many companies involved in construction are small,
without access to innovative manufacturing techniques, and
could benefit from the type of training and business analysis
activities that the Hollings Manufacturing Extension Partnership routinely provides to the Nation’s manufacturers and their
supply chains.
(6) Broadening the competitiveness grant program under
section 25(f) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(f)) could help develop and diffuse
knowledge necessary to capture a large portion of the estimated
$100 billion or more in energy savings if buildings in the
United States met the level and quality of energy efficiency
now found in buildings in certain other countries.
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NIST Grants
for Energy
Efficiency,
New Job
Opportunities,
and Business
Solutions Act
of 2010.
15 USC 271 note.
15 USC 278k
note.
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(7) It is therefore in the national interest to expand the
capabilities of the Hollings Manufacturing Extension Partnership to be supportive of the construction and green energy
industries.
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SEC. 703. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
COMPETITIVE GRANT PROGRAM.
(a) IN GENERAL.—Section 25(f)(3) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended—
(1) by striking ‘‘to develop’’ in the first sentence and
inserting ‘‘to add capabilities to the MEP program, including
the development of’’; and
(2) by striking the last sentence and inserting ‘‘Centers
may be reimbursed for costs incurred under the program. These
themes—
‘‘(A) shall be related to projects designed to increase
the viability both of traditional manufacturing sectors and
other sectors, such as construction, that increasingly rely
on manufacturing through the use of manufactured components and manufacturing techniques, including supply
chain integration and quality management;
‘‘(B) shall be related to projects related to the transfer
of technology based on the technological needs of manufacturers and available technologies from institutions of higher
education, laboratories, and other technology producing
entities; and
‘‘(C) may extend beyond these traditional areas to
include projects related to construction industry modernization.’’.
(b) SELECTION.—Section 25(f)(5) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)(5)) is amended
to read as follows:
‘‘(5) SELECTION.—
‘‘(A) IN GENERAL.—Awards under this section shall be
peer reviewed and competitively awarded. The Director
shall endeavor to select at least one proposal in each of
the 9 statistical divisions of the United States (as designated by the Bureau of the Census). The Director shall
select proposals to receive awards that will—
‘‘(i) create jobs or train newly hired employees;
‘‘(ii) promote technology transfer and commercialization of environmentally focused materials, products, and processes;
‘‘(iii) increase energy efficiency; and
‘‘(iv) improve the competitiveness of industries in
the region in which the Center or Centers are located.
‘‘(B) ADDITIONAL SELECTION CRITERIA.—The Director
may select proposals to receive awards that will—
‘‘(i) encourage greater cooperation and foster partnerships in the region with similar Federal, State,
and locally funded programs to encourage energy efficiency and building technology; and
‘‘(ii) collect data and analyze the increasing connection
between manufactured products and manufacturing techniques, the future of construction practices, and the
emerging application of products from the green energy
industries.’’.
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(c) OTHER MODIFICATIONS.—Section 25(f) of the National
Institute of Standards and Technology Act (15 U.S.C. 278k(f)) is
amended—
(1) by adding at the end the following:
‘‘(7) DURATION.—Awards under this section shall last no
longer than 3 years.
‘‘(8) ELIGIBLE PARTICIPANTS.—In addition to manufacturing
firms eligible to participate in the Centers program, awards
under this subsection may be used by the Centers to assist
small- or medium-sized construction firms. Centers may be
reimbursed under the program for working with such eligible
participants.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In addition to
any amounts otherwise authorized or appropriated to carry
out this section, there are authorized to be appropriated to
the Secretary of Commerce $7,000,000 for each of the fiscal
years 2011 through 2013 to carry out this subsection.’’.
TITLE VIII—GENERAL PROVISIONS
SEC. 801. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.
Not later than May 31, 2013, the Comptroller General of the
United States shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology that evaluates
the status of the programs authorized in this Act, including the
extent to which such programs have been funded, implemented,
and are contributing to achieving the goals of the Act.
Deadline.
Reports.
SEC. 802. SALARY RESTRICTIONS.
(a) OBSCENE MATTER ON FEDERAL PROPERTY.—None of the
funds authorized under this Act may be used to pay the salary
of any individual who is convicted of violating section 1460 of
title 18, United States Code.
(b) USE OF FEDERAL COMPUTERS FOR CHILD PORNOGRAPHY OR
EXPLOITATION OF MINORS.—None of the funds authorized under
this Act may be used to pay the salary of any individual who
is convicted of a violation of section 2252 of title 18, United States
Code.
SEC. 803. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.
Title I of the Communications Act of 1934 (47 U.S.C. 151
et seq.) is amended by adding at the end the following:
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‘‘SEC. 12. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.
47 USC 162.
‘‘In order to carry out the purposes of this Act, the Commission
may—
‘‘(1) undertake research and development work in connection with any matter in relation to which the Commission
has jurisdiction; and
‘‘(2) promote the carrying out of such research and development by others, or otherwise to arrange for such research
and development to be carried out by others.’’.
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PUBLIC LAW 111–358—JAN. 4, 2011
TITLE IX—DEPARTMENT OF ENERGY
SEC. 901. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION
PROGRAMS.
(a) IN GENERAL.—Sections 3171, 3175, and 3191 of the Department of Energy Science Education Enhancement Act (42 U.S.C.
7381h, 7381j, 7381p) are repealed.
(b) AUTHORIZATION OF APPROPRIATIONS FOR SUMMER
INSTITUTES.—Section 3185(f) of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381n(f)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) $25,000,000 for each of fiscal years 2011 through
2013.’’.
(c) CONFORMING AMENDMENTS.—
(1) Subpart B of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381g et seq.) is amended
by striking chapters 1, 2, and 5 (42 U.S.C. 7381h, 7381j, 7381p).
(2) Section 3195 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381r) is amended by
striking ‘‘chapters 1, 3, and 4’’ each place it appears and
inserting ‘‘chapters 3 and 4’’.
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SEC. 902. ENERGY RESEARCH PROGRAMS.
(a) NUCLEAR SCIENCE TALENT PROGRAM.—Section 5004(f) of
the America COMPETES Act (42 U.S.C. 16532(f)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) $9,800,000 for fiscal year 2011;
‘‘(E) $10,100,000 for fiscal year 2012; and
‘‘(F) $10,400,000 for fiscal year 2013.’’; and
(2) in paragraph (2)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) $8,240,000 for fiscal year 2011;
‘‘(E) $8,500,000 for fiscal year 2012; and
‘‘(F) $8,750,000 for fiscal year 2013.’’.
(b) HYDROCARBON SYSTEMS SCIENCE TALENT PROGRAM.—Section 5005 of the America COMPETES Act (42 U.S.C. 16533) is
amended—
(1) in subsection (b)(2)—
(A) in subparagraph (H), by striking ‘‘and’’ at the end;
(B) in subparagraph (I), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(J) hydrocarbon spill response and remediation.’’; and
(2) in subsection (f)(1)—
(A) in subparagraph (B), by striking ‘‘and’’;
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(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(D) $9,800,000 for fiscal year 2011;
‘‘(E) $10,000,000 for fiscal year 2012; and
‘‘(F) $10,400,000 for fiscal year 2013.’’.
(c) EARLY CAREER AWARDS.—Section 5006(h) of the America
COMPETES Act (42 U.S.C. 16534(h)) is amended by striking ‘‘2010’’
and inserting ‘‘2013’’.
(d) PROTECTING AMERICA’S COMPETITIVE EDGE (PACE) GRADUATE FELLOWSHIP PROGRAM.—Section 5009(f) of the America COMPETES Act (42 U.S.C. 16536(f)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(4) $20,600,000 for fiscal year 2011;
‘‘(5) $21,200,000 for fiscal year 2012; and
‘‘(6) $21,900,000 for fiscal year 2013.’’.
(e) DISTINGUISHED SCIENTIST PROGRAM.—Section 5011(j) of the
America COMPETES Act (42 U.S.C. 16537(j)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(4) $31,000,000 for fiscal year 2011;
‘‘(5) $32,000,000 for fiscal year 2012; and
‘‘(6) $33,000,000 for fiscal year 2013.’’.
SEC. 903. BASIC RESEARCH.
Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C.
16311(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(5) $5,247,000,000 for fiscal year 2011;
‘‘(6) $5,614,000,000 for fiscal year 2012; and
‘‘(7) $6,007,000,000 for fiscal year 2013.’’.
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SEC. 904. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.
Section 5012 of the America COMPETES Act (42 U.S.C. 16538)
is amended—
(1) in subsection (a)(3), by striking ‘‘subsection (m)(1)’’ and
inserting ‘‘subsection (n)(1)’’;
(2) in subsection (c)(2)(A), by inserting ‘‘and applied’’ after
‘‘advances in fundamental’’;
(3) in subsection (e)—
(A) in paragraph (3)—
(i) by striking subparagraph (C) and inserting the
following:
‘‘(C) research and development of advanced manufacturing process and technologies for the domestic manufacturing of novel energy technologies; and’’; and
(ii) in subparagraph (D), by striking ‘‘and’’ after
the semicolon at the end;
(B) in paragraph (4), by striking the period at the
end and inserting ‘‘; and’’; and
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124 STAT. 4046
PUBLIC LAW 111–358—JAN. 4, 2011
(C) by adding at the end the following:
‘‘(5) pursuant to subsection (c)(2)(C)—
‘‘(A) ensuring that applications for funding disclose
the extent of current and prior efforts, including monetary
investments as appropriate, in pursuit of the technology
area for which funding is being requested;
‘‘(B) adopting measures to ensure that, in making
awards, program managers adhere to the purposes of 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) through (n), respectively;
(5) by inserting after subsection (e) the following:
‘‘(f) AWARDS.—In carrying out this section, the Director may
provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions.’’;
(6) in subsection (g) (as redesignated by paragraph (4))—
(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2) (as redesignated
by subparagraph (A)) the following:
‘‘(1) IN GENERAL.—The Director shall establish and maintain within ARPA–E a staff with sufficient qualifications and
expertise to enable ARPA–E to carry out the responsibilities
of ARPA–E under this section in conjunction with other operations of the Department.’’;
(C) in paragraph (2) (as redesignated by subparagraph
(A))—
(i) in the paragraph heading, by striking ‘‘PROGRAM
MANAGERS’’ and inserting ‘‘PROGRAM DIRECTORS’’;
(ii) in subparagraph (A), by striking ‘‘program managers for each of’’ and inserting ‘‘program directors
for’’;
(iii) in subparagraph (B)—
(I) in the matter preceding clause (i), by
striking ‘‘program manager’’ and inserting ‘‘program director’’;
(II) in clause (iv), by striking ‘‘, with advice
under subsection (j) as appropriate,’’;
(III) by redesignating clauses (v) and (vi) as
clauses (vi) and (viii), respectively;
(IV) by inserting after clause (iv) the following:
‘‘(v) identifying innovative cost-sharing arrangements for ARPA–E projects, including through use of
the authority provided under section 988(b)(3) of the
Energy Policy Act of 2005 (42 U.S.C. 16352(b)(3));’’;
(V) in clause (vi) (as redesignated by subclause
(III)), by striking ‘‘; and’’ and inserting a semicolon;
and
(VI) by inserting after clause (vi) (as redesignated by subclause (III)) the following:
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PUBLIC LAW 111–358—JAN. 4, 2011
124 STAT. 4047
‘‘(vii) identifying mechanisms for commercial
application of successful energy technology development projects, including through establishment of partnerships between awardees and commercial entities;
and’’;
(iv) in subparagraph (C), by inserting ‘‘not more
than’’ after ‘‘shall be’’; and
(D) in paragraph (3) (as redesignated by subparagraph
(A))—
(i) in subparagraph (A)—
(I) in clause (i), by striking ‘‘and’’ after the
semicolon at the end; and
(II) by striking clause (ii) and inserting the
following:
‘‘(ii) fix the basic pay of such personnel at a rate
to be determined by the Director at rates not in excess
of Level II of the Executive Schedule (EX–II) without
regard to the civil service laws; and
‘‘(iii) pay any employee appointed under this subpart payments in addition to basic pay, except that
the total amount of additional payments paid to an
employee under this subpart for any 12-month period
shall not exceed the least of the following amounts:
‘‘(I) $25,000.
‘‘(II) The amount equal to 25 percent of the
annual rate of basic pay of the employee.
‘‘(III) The amount of the limitation that is
applicable for a calendar year under section
5307(a)(1) of title 5, United States Code.’’;
(ii) in subparagraph (B), by striking ‘‘not less than
70, and not more than 120,’’ and inserting ‘‘not more
than 120’’;
(7) in subsection (h)(2) (as redesignated by paragraph (4))—
(A) by striking ‘‘2008’’ and inserting ‘‘2010’’; and
(B) by striking ‘‘2011’’ and inserting’’2013’’;
(8) by striking subsection (j) (as redesignated by paragraph
(4)) and inserting the following:
‘‘(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Director
shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate energy technologies resulting from activities funded through ARPA–E.’’;
(9) in subsection (l) (as redesignated by paragraph (4))—
(A) in paragraph (1), by striking ‘‘4 years’’ and
inserting’’ 6 years’’; and
(B) in paragraph (2)(B), by inserting ‘‘, and the manner
in which those lessons may apply to the operation of other
programs of the Department’’ after ‘‘ARPA–E’’; and
(10) in subsection (n) (as redesignated by paragraph (4))—
(A) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘and’’ after
the semicolon at the end;
(ii) in subparagraph (B), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(C) $300,000,000 for fiscal year 2011;
‘‘(D) $306,000,000 for fiscal year 2012; and
‘‘(E) $312,000,000 for fiscal year 2013.’’;
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PUBLIC LAW 111–358—JAN. 4, 2011
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph (4);
and
(D) in paragraph (4)(B) (as redesignated by subparagraph (C))—
(i) by striking ‘‘2.5 percent’’ and inserting ‘‘5 percent’’; and
(ii) by inserting ‘‘, consistent with the goal
described in subsection (c)(2)(D) and within the responsibilities of program directors described in subsection
(g)(2)(B)(vii)’’ after ‘‘outreach activities’’.
TITLE X—EDUCATION
SEC. 1001. REFERENCES.
Except as otherwise expressly provided, wherever in this title
an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
America COMPETES Act (Public Law 110–69).
SEC. 1002. REPEALS AND CONFORMING AMENDMENTS.
(a) REPEALS.—The following provisions of the Act are repealed:
(1) Section 6001 (20 U.S.C. 9801).
(2) Part III of subtitle A of title VI (20 U.S.C. 9841).
(3) Subtitle B of title VI (20 U.S.C. 9851 et seq.)
(4) Subtitle C of title VI (20 U.S.C. 9861 et seq.).
(5) Subtitle E of title VI (20 U.S.C. 9881 et seq.).
(b) CONFORMING AMENDMENTS.—The Act is amended—
(1) by redesignating section 6002 (20 U.S.C. 9802) as section 6001;
(2) by redesignating subtitle D of title VI (20 U.S.C. 9871)
as subtitle B of title VI; and
(3) by redesignating section 6401 (20 U.S.C. 9871) as section 6201.
20 USC
9851–9854.
20 USC
9861–9864.
20 USC
9881–9882.
SEC. 1003. AUTHORIZATIONS OF APPROPRIATIONS AND MATCHING
REQUIREMENT.
(a) TEACHERS FOR A COMPETITIVE TOMORROW.—Section 6116
(20 U.S.C. 9816) is amended to read as follows:
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‘‘SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
part $4,000,000 for each of fiscal years 2011 through 2013, of
which—
‘‘(1) $2,000,000 shall be available to carry out section 6113
for each of fiscal years 2011 through 2013; and
‘‘(2) $2,000,000 shall be available to carry out section 6114
for each of fiscal years 2011 through 2013.’’.
(b) ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE
PROGRAMS AND MATCHING REQUIREMENT.—Section 6123 (20 U.S.C.
9833) is amended—
(1) in subsection (h)(1)—
(A) by striking ‘‘100’’ and inserting ‘‘50’’; and
(B) by striking ‘‘200’’ and inserting ‘‘100’’; and
(2) by striking subsection (l) and inserting the following:
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‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $75,000,000 for each
of fiscal years 2011 through 2013.’’.
(c) ALIGNMENT OF EDUCATION PROGRAMS.—Section 6201(j), as
redesignated by section 1002(b)(3), is amended to read as follows:
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $120,000,000 for each
of fiscal years 2011 and 2012.’’.
20 USC 9871.
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Approved January 4, 2011.
LEGISLATIVE HISTORY—H.R. 5116:
HOUSE REPORTS: No. 111–478, Pt. 1 (Comm. on Science and Technology).
CONGRESSIONAL RECORD, Vol. 156 (2010):
May 12, 13, 28, considered and passed House.
Dec. 17, considered and passed Senate, amended.
Dec. 21, House concurred in Senate amendment.
Æ
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| File Type | application/pdf |
| File Title | PUBL358.PS |
| File Modified | 2012-03-20 |
| File Created | 2011-02-09 |