H.R. 1806 — Reported in House → Engrossed in House

Sec. 101 Authorization of appropriations

(a)

Fiscal year 2016—

(1)

In general— There are authorized to be appropriated to the Foundation $7,597,140,000 for fiscal year 2016.

(2)

Specific allocations— Of the amount authorized by paragraph (1)—

(A)

$6,186,300,000 shall be made available to carry out research and related activities, including—

(i)

changed ~~$834,800,000~~ $823,000,000 for the Biological Science Directorate;

(ii)

changed ~~$1,050,000,000~~ $1,038,000,000 for the Computer and Information Science and Engineering Directorate;

(iii)

changed ~~$1,034,000,000~~ $1,010,000,000 for the Engineering Directorate;

(iv)

$1,200,000,000 for the Geosciences Directorate;

(v)

$1,500,000,000 for the Mathematical and Physical Science Directorate;

(vi)

$150,000,000 for the Social, Behavioral, and Economics Directorate, of which $50,000,000 shall be for the National Center for Science and Engineering Statistics;

(vii)

$38,520,000 for the Office of International Science and Engineering;

(viii)

changed ~~$377,500,000~~ $425,300,000 for Integrative Activities; and

(ix)

$1,480,000 for the United States Arctic Commission;

(B)

$866,000,000 shall be made available for education and human resources;

(C)

$200,310,000 shall be made available for major research equipment and facilities construction;

(D)

$325,000,000 shall be made available for agency operations and award management;

(E)

$4,370,000 shall be made available for the Office of the National Science Board; and

(F)

$15,160,000 shall be made available for the Office of Inspector General.

(b)

Fiscal year 2017—

(1)

In general— There are authorized to be appropriated to the Foundation $7,597,140,000 for fiscal year 2017.

(2)

Specific allocations— Of the amount authorized by paragraph (1)—

(A)

$6,186,300,000 shall be made available to carry out research and related activities, including—

(i)

changed ~~$834,800,000~~ $823,000,000 for the Biological Science Directorate;

(ii)

changed ~~$1,050,000,000~~ $1,038,000,000 for the Computer and Information Science and Engineering Directorate;

(iii)

changed ~~$1,034,000,000~~ $1,010,000,000 for the Engineering Directorate;

(iv)

$1,200,000,000 for the Geosciences Directorate;

(v)

$1,500,000,000 for the Mathematical and Physical Science Directorate;

(vi)

$150,000,000 for the Social, Behavioral, and Economics Directorate, of which $50,000,000 shall be for the National Center for Science and Engineering Statistics;

(vii)

$38,520,000 for the Office of International Science and Engineering;

(viii)

changed ~~$377,500,000~~ $425,300,000 for Integrative Activities; and

(ix)

$1,480,000 for the United States Arctic Commission;

(B)

$866,000,000 shall be made available for education and human resources;

(C)

$200,310,000 shall be made available for major research equipment and facilities construction;

(D)

$325,000,000 shall be made available for agency operations and award management;

(E)

$4,370,000 shall be made available for the Office of the National Science Board; and

(F)

$15,160,000 shall be made available for the Office of Inspector General.

Sec. 108 Management and oversight of large facilities

(a)

Large facilities office— The Director shall maintain a Large Facilities Office within the Office of the Director. The functions of the Large Facilities Office shall be to support the research directorates in the development, implementation, and assessment of major multi-user research facilities, including by—

(1)

serving as the Foundation’s primary resource for all policy or process issues related to the development and implementation of major multi-user research facilities;

(2)

serving as a Foundation-wide resource on project management, including providing expert assistance on nonscientific and nontechnical aspects of project planning, budgeting, implementation, management, and oversight;

(3)

coordinating and collaborating with research directorates to share best management practices and lessons learned from prior projects; and

(4)

assessing projects during preconstruction and construction phases for cost and schedule risk.

(b)

Oversight of large facilities— The Director shall appoint a senior agency official within the Office of the Director whose primary responsibility is oversight of major multi-user research facilities. The duties of this official shall include—

(1)

oversight of the development, construction, and operation of major multi-user research facilities across the Foundation;

(2)

in collaboration with the directors of the research directorates and other senior agency officials as appropriate, ensuring that the requirements of section 14(a) of the National Science Foundation Authorization Act of 2002 are satisfied;

(3)

serving as a liaison to the National Science Board for approval and oversight of major multi-user research facilities; and

(4)

periodically reviewing and updating as necessary Foundation policies and guidelines for the development and construction of major multi-user research facilities.

(c)

Policies for large facility costs—

(1)

changed In general— The Director shall ensure that the Foundation’s policies for developing and managing major multi-user research facility construction costs are consistent with the best practices described in the March 2009 Government Accountability Office Report ~~GAO-09-3SP,~~ GAO–09–3SP, or any successor report thereto.

(2)

changed Report— Not later than 12 months after the date of enactment of this Act, the Director shall submit to Congress the results of a study and a report reforming the Foundation’s policies on financial management of major multi-user research facilities, including a description of any aspects of the policies that diverge from the best practices recommended in Government Accountability Office Report ~~GAO-09-3SP~~ GAO–09–3SP and the Uniform Guidance in 2 ~~C.F.R.~~ CFR Part 200.

(3)

Management fees—

(A)

changed Definition— In this paragraph, the term “management fee” means a portion of an award made by the Foundation for the purpose of covering ordinary and necessary business expenses necessary to maintain operational stability which are not otherwise allowable under Cost Principles Uniform Guidance in 2 ~~C.F.R.~~ CFR part 200, Subpart E, , or any successor regulation thereto.

(B)

changed Limitation— The Foundation may provide management fees under an award only if the awardee has demonstrated that it has limited or no other financial resources available for covering the expenses for which the management fees are sought.

(C)

changed Financial information— The Foundation shall require award applicants to provide income and financial information covering a period of no less than ~~three~~ 3 prior years (or in the case of an entity established less than ~~three~~ 3 years prior to the entity’s application date, the period beginning on the date of establishment and ending on the application date), including cash on hand and net asset information, in support of a request for management fees. The Foundation shall also require awardees seeking subsequent management fees to report to the Foundation, ~~within 30 days~~ prior to the consideration of ~~receipt,~~ such a request, any sources of non-Federal funds received in excess of ~~$50,000 during~~ $100,000. This reporting shall apply to the period following any initial management fee award ~~period.~~and for the consideration of any subsequent fee.

(D)

changed Expense reporting— The Foundation shall require awardees to track and report to the Foundation annually all expenses reimbursed or otherwise paid for with management fee funds, in accordance with Federal accounting practices as established in Government Accountability Office Report ~~GAO-12-331G,~~ GAO–12–331G, or any successor report thereto.

(E)

changed ~~Audits—~~Review— The Inspector General of the Foundation may audit or review any Foundation award for compliance with this ~~paragraph.~~subsection.

(F)

Prohibited uses— An awardee may not use management fees for—

(i)

changed costs allowable under Cost Principles Uniform Guidance in 2 ~~C.F.R.~~ CFR part 200, Subpart E, or any successor regulation thereto;

(ii)

alcoholic beverages;

(iii)

tickets to concerts, or sporting and other entertainment events;

(iv)

vacation or other travel for nonbusiness purposes;

(v)

charitable contributions;

(vi)

social or sporting club memberships;

(vii)

changed meals or social activities for nonbusiness purposes;

(viii)

luxury or personal items;

(ix)

changed lobbying, as described in the Uniform Guidance at 2 ~~C.F.R. 200.450;~~ CFR 200.450 or FAR 31.205–22; or

(x)

any other purpose the Foundation determines is inappropriate.

(G)

Review— The Foundation shall review management fee usage under each Foundation award on at least an annual basis for compliance with this paragraph and the Foundation’s Large Facilities Manual.

(4)

changed Report— Not later than 12 months after the date of enactment of this Act, the Director shall submit to Congress a report describing the Foundation’s policies for developing and managing major multi-user research facility construction costs, including a description of any aspects of the policies that diverge from the best practices recommended in Government Accountability Office Report ~~GAO-09-3SP,~~ GAO–09–3SP, or any successor report thereto, and the Uniform Guidance in 2 ~~C.F.R.~~ CFR part 200.

Sec. 110 Graduate student support

(a)

Sense of Congress— It is the sense of Congress that the essential elements of the NSF Research Traineeship Program, formerly the Integrative Graduate Education and Research Traineeship program, (or any successor thereto) should be maintained, including—

(1)

collaborative research that transcends traditional disciplinary boundaries to solve large and complex research problems of significant scientific and societal importance; and

(2)

providing students the opportunity to become leaders in the science and engineering of the future.

(b)

Models for support— The Director shall enter into an agreement with the National Research Council to convene a workshop or roundtable to examine models of Federal support for STEM graduate students, including the Foundation’s Graduate Research Fellowship program and comparable fellowship programs at other agencies, traineeship programs, and the research assistant model.

(c)

Purpose— The purpose of the workshop or roundtable shall be to compare and evaluate the extent to which each of these models helps to prepare graduate students for diverse careers utilizing STEM degrees, including at diverse types of institutions of higher education, in industry, and at government agencies and research laboratories, and to make recommendations regarding—

(1)

how current Federal programs and models, including programs and models at the Foundation, can be improved;

(2)

the appropriateness of the current distribution of funding among the different models at the Foundation and across the agencies; and

(3)

changed the appropriateness of creating a new education and training program for graduate students distinct from programs that provide direct financial support, including the grants authorized in section 527 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. ~~1862p-15).~~1862p–15).

(d)

Criteria— At a minimum, in comparing programs and models, the workshop or roundtable participants shall consider the capacity of such programs or models to provide students with knowledge and skills—

(1)

to become independent, creative, successful researchers;

(2)

to participate in large interdisciplinary research projects, including in an international context;

(3)

to adhere to the highest standards for research ethics;

(4)

to become high-quality teachers utilizing the most currently available evidence-based pedagogy;

(5)

in oral and written communication, to both technical and nontechnical audiences;

(6)

in innovation, entrepreneurship, and business ethics; and

(7)

in program management.

(e)

Graduate student input— The participants in the workshop or roundtable shall include current or recent STEM graduate students.

(f)

Report— Not later than 1 year after the date of enactment of this Act, the National Research Council shall submit to Congress a summary report of the findings and recommendations of the workshop or roundtable convened under this section.

Sec. 112 Expanding STEM opportunities

(a)

In general— Within the Directorate for Education and Human Resources (or any successor thereto), under existing programs targeting broadening participation, the Director shall provide grants on a merit-reviewed, competitive basis for research on programming that engages underrepresented students in grades kindergarten through 8 in STEM.

(b)

Use of funds—

(1)

In general— Grants awarded under this section shall be used for research to advance the engagement of underrepresented students in grades kindergarten through 8 in STEM through the development and implementation of innovative before-school, after-school, out-of-school, or summer activities, including programs (if applicable to the target population) provided in a single-gender environment, that are designed to encourage interest, engagement, and skills development of underrepresented students in STEM. Such research shall be conducted in learning environments that actively provide programming to underrepresented students in grades kindergarten through 8 in STEM.

(2)

Permitted activities— Such activities may include—

(A)

the development and implementation of programming described in subsection (a) for the purpose of research;

(B)

the use of a variety of engagement methods, including cooperative and hands-on learning;

(C)

exposure of underrepresented youth to role models in the fields of STEM, including researchers in the National Laboratories, and nearpeer mentors;

(D)

training of informal learning educators and youth-serving professionals using evidence-based methods consistent with the target student population being served;

(E)

education of students on the relevance and significance of STEM careers, provision of academic advice and assistance, and activities designed to help students make real-world connections to STEM content activities;

(F)

the attendance of underrepresented youth at events, competitions, and academic programs to provide content expertise and encourage career exposure in STEM;

(G)

activities designed to engage parents of underrepresented youth;

(H)

innovative strategies to engage underrepresented youth, such as using leadership skill outcome measures to encourage youth with the confidence to pursue STEM coursework and academic study;

(I)

changed coordination with STEM-rich environments, including other nonprofit, nongovernmental organizations, classroom and out-of-classroom settings, institutions of higher education, vocational facilities, corporations, museums, National Laboratories, or science ~~centers; and~~centers;

(J)

changed the acquisition of instructional materials or technology-based tools to conduct applicable grant ~~activity.~~activity;

(K)

added efforts to effectively expand, broaden, or scale-up existing activities or programs;

(L)

added creating State and regional workshops to train K–12 teachers in science and technology project-based learning to provide instruction in how to initiate robotics and other STEM competition team development programs; and

(M)

added encouraging and supporting efforts led by institutions of higher education, businesses, and local public and private educational agencies to establish collaborative efforts to provide K–12 students residing in areas with unemployment rates that exceed the national average by 1 percent or more.

(c)

Application— An applicant seeking funding under the section shall submit an application at such time, in such manner, and containing such information as may be required. The application shall include, at a minimum, the following:

(1)

A description of the target audience to be served by the program.

(2)

A description of the process for recruitment and selection of students, as appropriate.

(3)

A description of how such research activity may inform programming that engages underrepresented students in grades kindergarten through 8 in STEM.

(4)

A description of how such research activity may inform programming that promotes student academic achievement in STEM.

(5)

An evaluation plan that includes, at a minimum, the use of outcome-oriented measures to determine the impact and efficacy of activities being researched.

(d)

Awards— In awarding grants under this section, the Director shall give priority to applicants which, for the purpose of grant activity, include or partner with a nonprofit, nongovernmental organization that has extensive experience and expertise in increasing the participation of underrepresented students in STEM.

(e)

Accountability and dissemination—

(1)

Evaluation required— Not later than 5 years after the date of enactment of this Act, the Director shall evaluate the grants provided under this section. In addition to evaluating the effectiveness of the grant activities, such evaluation shall—

(A)

use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research; and

(B)

to the extent practicable, combine the research resulting from the grant activity with the current research on serving underrepresented students in grades kindergarten through 8.

(2)

Report on evaluations— Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes—

(A)

the results of the evaluation; and

(B)

any recommendations for administrative and legislative action that could optimize the effectiveness of the program.

(f)

Coordination— In carrying out this section, the Director shall consult, cooperate, and coordinate, to enhance program effectiveness and to avoid duplication, with the programs and policies of other relevant Federal agencies.

Sec. 114 Recompetition of awards

(a)

Findings— The Congress finds that—

(1)

the merit-reviewed competition of grant and award proposals is a hallmark of the Foundation grant and award making process;

(2)

changed the majority of Foundation-funded multi-user research facilities have transitioned to ~~five-year~~ 5-year cooperative agreements, and every ~~five~~ 5 years the program officer responsible for the facility makes a recommendation to the National Science Board as to the renewal, recompetition, or termination of support for the facility; and

(3)

requiring the recompetition of expiring awards is based on the conviction that competition is most likely to ensure the effective stewardship of Foundation funds for supporting research and education.

(b)

Recompetition— The Director shall ensure that the system for recompetition of Maintenance and Operations of facilities, equipment and instrumentation is fair, consistent, and transparent and is applied in a manner that renews grants and awards in a timely manner. The Director shall periodically evaluate whether the criteria of the system are being applied in a manner that is transparent, reliable, and valid.

Sec. 115 Sense of the Congress regarding industry investment in STEM education

It is the sense of Congress that—

(1)

changed in order to bolster the STEM workforce pipeline, many industry sectors are becoming involved in ~~K-12~~ K–12 initiatives and supporting undergraduate and graduate work in STEM subject areas and fields;

(2)

partnerships with education providers, STEM focused competitions, and other opportunities have become important aspects of private sector efforts to strengthen the STEM workforce;

(3)

understanding the work that private sector organizations are undertaking in STEM fields should inform the Federal Government’s role in STEM education; and

(4)

successful private sector STEM initiatives, as reflected by measurements of relevant outcomes, should be encouraged and supported by the Foundation.

Sec. 116 Misrepresentation of research results

(a)

changed Prohibition— The findings and conclusions of any article authored by a principal investigator receiving a research grant from the Foundation, using the results of the research conducted under the grant, that is published in a peer-reviewed publication, otherwise made publicly available, or incorporated in an application for a research grant or grant extension from the Foundation may not contain any falsification, fabrication, or plagiarism, as established in the Foundation’s Research Misconduct regulation (45 ~~C.F.R.~~ CFR 689).

(b)

changed Publication— The Director shall make publicly available any finding that research misconduct (as defined in 45 ~~C.F.R.~~ CFR 689) has been committed, including the name of the principal investigator, within 30 days of the final administration action of the Foundation.

Sec. 122 Sense of Congress regarding Innovation Corps

It is the sense of Congress that—

(1)

the Foundation’s Innovation Corps (I-Corps) was established to foster a national innovation ecosystem by encouraging institutions, scientists, engineers, and entrepreneurs to identify and explore the innovation and commercial potential of Foundation-funded research well beyond the laboratory;

(2)

changed the Foundation’s I-Corps includes investment in entrepreneurship and commercialization education, training, and mentoring, ultimately leading to the practical deployment of technologies, products, processes, and services that improve the Nation’s competitiveness, promote economic growth, and benefit ~~society; and~~society;

(3)

changed by building networks of entrepreneurs, educators, mentors, institutions, and collaborations, and supporting specialized education and training, I-Corps is at the leading edge of a strong, lasting foundation for an American innovation ~~ecosystem.~~ecosystem; and

(4)

added I-Corps should continue to promote a strong innovation system by investing in and supporting female entrepreneurs, who are historically underrepresented in entrepreneurial fields, through mentorship, education, and training.

Sec. 124 Noyce scholarship program amendments

(a)

Amendments— Section 10A of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n—1a) is amended—

(1)

in subsection (a)(2)(B), by inserting “or bachelor’s” after “master’s”;

(2)

in subsection (c)—

(A)

by striking “and” at the end of paragraph (2)(B);

(B)

in paragraph (3)—

(i)

by inserting “for teachers with master’s degrees in their field” after “Teaching Fellowships”; and

(ii)

by striking the period at the end of subparagraph (B) and inserting “; and”; and

(C)

by adding at the end the following new paragraph:

“(4) in the case of National Science Foundation Master Teaching Fellowships for teachers with bachelor’s degrees in their field and working toward a master’s degree—

“(A) offering academic courses leading to a master’s degree and leadership training to prepare individuals to become master teachers in elementary and secondary schools; and

“(B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields.”

(3)

in subsection (e), by striking “subsection (g)” and inserting “subsection (h)”;

(4)

by redesignating subsections (g) through (i) as subsections (h) through (j), respectively; and

(5)

by inserting after subsection (f) the following new subsection:

“(g) Support for Master Teaching Fellows while enrolled in a master’s degree program—A National Science Foundation Master Teacher Fellow may receive a maximum of 1 year of fellowship support while enrolled in a master’s degree program as described in subsection (c)(4)(A), except that if such fellow is enrolled in a part-time program, such amount shall be prorated according to the length of the program.”

(b)

changed Definition— Section 10(i)(5) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. ~~1862n—1(i)(5))~~ 1862n–1(i)(5)) is amended by inserting “computer science,” after “means a science,”.

Sec. 125 Informal STEM education

(a)

Grants— The Director, through the Directorate for Education and Human Resources, shall continue to award competitive, merit-reviewed grants to support—

(1)

research and development of innovative out-of-school STEM learning and emerging STEM learning environments in order to improve STEM learning outcomes and engagement in STEM; and

(2)

research that advances the field of informal STEM education.

(b)

Uses of funds— Activities supported by grants under this section may encompass a single STEM discipline, multiple STEM disciplines, or integrative STEM initiatives and shall include—

(1)

research and development that improves our understanding of learning and engagement in informal environments, including the role of informal environments in broadening participation in STEM; and

(2)

changed design and testing of innovative STEM learning models, programs, and other resources for informal learning environments to improve STEM learning outcomes and increase engagement for ~~K-12~~ K–12 students, ~~K-12~~ K–12 teachers, and the general public, including design and testing of the scalability of models, programs, and other resources.

Sec. 127 Hispanic Opportunity Program in Education and Science

added

added Not later than 120 days after the date of enactment of this Act, the Director of the National Science Foundation shall establish the program described in section 7033 of the America COMPETES Act (42 U.S.C. 1862o–12) for Hispanic-serving institutions (as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a)).

Sec. 201 Findings; sense of Congress

(a)

Findings— Congress finds the following:

(1)

According to the National Science Board’s Science and Engineering Indicators, the science and engineering workforce has shown sustained growth for more than half a century, and workers with science and engineering degrees tend to earn more than comparable workers in other fields.

(2)

According to the Program for International Student Assessment 2012 results, America lags behind many other nations in STEM education. American students rank 21st in science and 26th in mathematics.

(3)

Junior Achievement USA and ING found a decrease of 25 percent in the percentage of teenage students interested in STEM careers.

(4)

changed According to a 2007 report from the Department of Labor, industries and firms dependent on a strong science and mathematics workforce have launched a variety of programs that target ~~K-12~~ K–12 students and undergraduate and graduate students in STEM fields.

(5)

The Federal Government spends nearly $3 billion annually on STEM education related program and activities, but encouraging STEM education activities beyond the scope of the Federal Government, including privately sponsored competitions and programs in our schools, is crucial to the future technical and economic competitiveness of the United States.

(b)

Sense of congress— It is the sense of Congress that—

(1)

more effective coordination and adoption of performance measurement based on objective outcomes for federally supported STEM programs is needed;

(2)

leveraging private and nonprofit investments in STEM education will be essential to strengthening the Federal STEM portfolio;

(3)

strengthening the Federal STEM portfolio may require program consolidations and terminations, but such changes should be based on evidence with stakeholder input;

(4)

coordinating STEM programs and activities across the Federal Government in order to limit duplication and engage stakeholders in STEM programs and related activities for which objective outcomes can be measured will bolster results of Federal STEM education programs, improve the return on taxpayers’ investments in STEM education programs, and in turn strengthen the United States economy; and

(5)

as the Committee on STEM Education implements the 5-year Strategic Plan for Federal STEM education required under section 101(b)(5) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621(b)(5)), STEM education stakeholders must be engaged and outcome-based evaluation metrics should be considered in the coordination and consolidation efforts for the Federal STEM portfolio.

Sec. 202 STEM Education Advisory Panel

(a)

Establishment— The President shall establish or designate a STEM Education Advisory Panel that incorporates key stakeholders from the education and industry sectors. The co-chairs shall be members of the President’s Council of Advisors on Science and Technology.

(b)

changed Qualifications— The Advisory Panel established or designated by the President under subsection (a) shall consist primarily of members from academic institutions, nonprofit organizations, and industry and shall include in-school, out-of-school, and informal educational practitioners. Members of the Advisory Panel shall be qualified to provide advice and information on STEM education research, development, training, implementation, interventions, professional development, or workforce needs or concerns. In selecting or designating an Advisory Panel, the President may also seek and give consideration to recommendations from the Congress, industry, the scientific community (including the National Academy of Sciences, scientific professional societies, and academia), State and local governments, and other appropriate ~~organizations.~~organizations. The Advisory Panel shall consist of 15 members, with 3 members appointed by the Speaker of the House of Representatives and 2 members appointed by the Majority Leader of the Senate.

(c)

Duties— The Advisory Panel shall advise the President, the Committee on STEM Education, and the STEM Education Coordinating Office established under section 204 on matters relating to STEM education, and shall each year provide general guidance to every Federal agency with STEM education programs or activities, including in the preparation of requests for appropriations for activities related to STEM education. The Advisory Panel shall also assess and develop recommendations for—

(1)

progress made in implementing the STEM education Strategic Plan required under section 101 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621), and any needs or opportunities to update the strategic plan;

(2)

the management, coordination, and implementation of STEM education programs and activities across the Federal Government;

(3)

the appropriateness of criteria used by Federal agencies to evaluate the effectiveness of Federal STEM education programs and activities;

(4)

ways to leverage private and nonprofit STEM investments and encourage public-private partnerships to strengthen STEM education and help build the STEM workforce pipeline;

(5)

ways to incorporate workforce needs into Federal STEM education programs, particularly for specific fields of national interest and areas experiencing high unemployment rates;

(6)

ways to better vertically and horizontally integrate Federal STEM programs and activities from pre-K through graduate study and the workforce, and from in-school to out-of-school in order to improve transitions for students moving through the STEM pipeline;

(7)

whether societal and workforce concerns are adequately addressed by current Federal STEM education programs and activities;

(8)

the extent to which Federal STEM education programs and activities are contributing to recruitment and retention of women and underrepresented students in the STEM education and workforce pipeline; and

(9)

ways to encourage geographic diversity in STEM education and the workforce pipeline.

(d)

Reports— The Advisory Panel shall report, not less frequently than once every 3 fiscal years, to the President and Congress on its assessments under subsection (c) and its recommendations for ways to improve Federal STEM education programs. The first report under this subsection shall be submitted within 1 year after the date of enactment of this Act.

(e)

Travel expenses of non-Federal members— Non-Federal members of the Advisory Panel, while attending meetings of the Advisory Panel or while otherwise serving at the request of the head of the Advisory Panel away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Panel who are officers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with existing law.

Sec. 305 Amendments to prize competitions

Section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) is amended—

(1)

in subsection (c)—

(A)

by inserting “competition” after “section, a prize”;

(B)

by inserting “types” after “following”; and

(C)

in paragraph (4), by striking “prizes” and inserting “prize competitions”;

(2)

in subsection (f)—

(A)

by striking “in the Federal Register” and inserting “on a publicly accessible Government website, such as www.challenge.gov,”; and

(B)

in paragraph (4), by striking “prize” and inserting “cash prize purse”;

(3)

in subsection (g), by striking “prize” and inserting “cash prize purse”;

(4)

in subsection (h), by inserting “prize” before “competition” both places it appears;

(5)

in subsection (i)—

(A)

in paragraph (1)(B), by inserting “prize” before “competition”;

(B)

in paragraph (2)(A), by inserting “prize” before “competition” both places it appears;

(C)

by redesignating paragraph (3) as paragraph (4); and

(D)

by inserting after paragraph (2) the following new paragraph:

“(3) Waiver—An agency may waive the requirement under paragraph (2). The annual report under subsection (p) shall include a list of such waivers granted during the preceding fiscal year, along with a detailed explanation of the reasons for granting the waivers.”

(6)

in subsection (k)—

(A)

in paragraph (2)(A), by inserting “prize” before “competition”; and

(B)

in paragraph (3), by inserting “prize” before “competitions” both places it appears;

(7)

in subsection (l), by striking all after “may enter into” and inserting “a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competition, subject to the provisions of this section.”;

(8)

in subsection (m)—

(A)

by amending paragraph (1) to read as follows:

changed “(1) In general—Support for a prize competition under this section, including financial support for the design and administration of a prize competition or funds for a cash prize purse, may consist of Federal appropriated funds and funds provided by private sector for-profit and nonprofit entities. The head of an agency may accept funds from other Federal agencies, private sector for-profit entities, and nonprofit ~~entities~~ entities, to be available to the extent provided by appropriations Acts, to support such prize competitions. The head of an agency may not give any special consideration to any private sector for-profit or nonprofit entity in return for a donation.”

(B)

in paragraph (2), by striking “prize awards” and inserting “cash prize purses”;

(C)

in paragraph (3)(A)—

(i)

by striking “No prize” and inserting “No prize competition”; and

(ii)

by striking “the prize” and inserting “the cash prize purse”;

(D)

in paragraph (3)(B), by striking “a prize” and inserting “a cash prize purse”;

(E)

in paragraph (3)(B)(i), by inserting “competition” after “prize”;

(F)

in paragraph (4)(A), by striking “a prize” and inserting “a cash prize purse”; and

(G)

in paragraph (4)(B), by striking “cash prizes” and inserting “cash prize purses”;

(9)

in subsection (n), by inserting “for both for-profit and nonprofit entities,” after “contract vehicle”;

(10)

in subsection (o)(1), by striking “or providing a prize” and insert “a prize competition or providing a cash prize purse”; and

(11)

in subsection (p)(2)—

(A)

in subparagraph (C), by striking “cash prizes” both places it occurs and inserting “cash prize purses”; and

(B)

by adding at the end the following new subparagraph:

“(G) Plan—A description of crosscutting topical areas and agency-specific mission needs that may be the strongest opportunities for prize competitions during the upcoming 2 fiscal years.”

Sec. 401 Authorization of appropriations

(a)

Fiscal year 2016—

(1)

changed In general— There are authorized to be appropriated to the Secretary of Commerce ~~$933,700,000~~ $938,700,000 for the National Institute of Standards and Technology for fiscal year 2016.

(2)

Specific allocations— Of the amount authorized by paragraph (1)—

(A)

$744,700,000 shall be for scientific and technical research and services laboratory activities;

(B)

$59,000,000 shall be for the construction and maintenance of facilities; and

(C)

changed ~~$130,000,000~~ $135,000,000 shall be for industrial technology services activities, of which ~~$125,000,000~~ $130,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278I) and $5,000,000 shall be for the Network for Manufacturing Innovation Program under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s).

(b)

Fiscal year 2017—

(1)

changed In general— There are authorized to be appropriated to the Secretary of Commerce ~~$933,700,000~~ $938,700,000 for the National Institute of Standards and Technology for fiscal year 2017.

(2)

Specific allocations— Of the amount authorized by paragraph (1)—

(A)

$744,700,000 shall be for scientific and technical research and services laboratory activities;

(B)

$59,000,000 shall be for the construction and maintenance of facilities; and

(C)

changed ~~$130,000,000~~ $135,000,000 shall be for industrial technology services activities, of which ~~$125,000,000~~ $130,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278I) and $5,000,000 shall be for the Network for Manufacturing Innovation Program under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s).

Sec. 405 Education and outreach

The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by striking sections 18, 19, and 19A and inserting the following:

“18. Education and outreach

changed “(a) In general—The Director may support, promote, and coordinate activities and efforts to enhance public awareness and understanding of measurement sciences, standards, and technology by the general public, industry, government, and academia in support of the Institute’s mission.

“(b) Research fellowships

“(1) In general—The Director may award research fellowships and other forms of financial and logistical assistance, including direct stipend awards, to—

“(A) students at institutions of higher education within the United States who show promise as present or future contributors to the mission of the Institute; and

“(B) United States citizens for research and technical activities of the Institute.

“(2) Selection—The Director shall select persons to receive such fellowships and assistance on the basis of ability and of the relevance of the proposed work to the mission and programs of the Institute.

“(3) Definition—For the purposes of this subsection, financial and logistical assistance includes, notwithstanding section 1345 of title 31, United States Code, or any contrary provision of law, temporary housing and local transportation to and from the Institute facilities.

changed “(c) ~~Post-doctoral~~ Post-Doctoral fellowship program—The Director shall establish and conduct a post-doctoral fellowship program, subject to the availability of appropriations, that shall include not fewer than 20 fellows per fiscal year. In evaluating applications for fellowships under this subsection, the Director shall give consideration to the goal of promoting the participation of underrepresented students in research areas supported by the Institute.”

Sec. 407 Assessments by the National Research Council

(a)

National Academy of Sciences review— Not later than 6 months after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall enter into a contract with the National Academy of Sciences to conduct a single, comprehensive review of the Institute’s laboratory programs. The review shall—

(1)

assess the technical merits and scientific caliber of the research conducted at the laboratories;

(2)

examine the strengths and weaknesses of the 2010 laboratory reorganization on the Institute’s ability to fulfill its mission;

(3)

changed evaluate how ~~cross-cutting~~ crosscutting research and development activities are planned, coordinated, and executed across the laboratories; and

(4)

assess how the laboratories are engaging industry, including the incorporation of industry need, into the research goals and objectives of the Institute.

(b)

Additional assessments— Section 24 of the National Institute of Standards and Technology Act (15 U.S.C. 278j) is amended to read as follows:

“24. Assessments by the National Research Council

“(a) In general—The Institute shall contract with the National Research Council to perform and report on assessments of the technical quality and impact of the work conducted at Institute laboratories.

“(b) Schedule—Two laboratories shall be assessed under subsection (a) each year, and each laboratory shall be assessed at least once every 3 years.

changed “(c) Summary report—Beginning in the year after the first assessment is conducted under subsection (a), and once every ~~two~~ 2 years thereafter, the Institute shall contract with the National Research Council to prepare a report that summarizes the findings common across the individual assessment reports.

“(d) Additional assessments—The Institute, at the discretion of the Director, also may contract with the National Research Council to conduct additional assessments of Institute programs and projects that involve collaboration across the Institute laboratories and centers and assessments of selected scientific and technical topics.

“(e) Consultation with Visiting Committee on Advanced Technology—The National Research Council may consult with the Visiting Committee on Advanced Technology established under section 10 in performing the assessments under this section.

“(f) Reports—Not later than 30 days after the completion of each assessment, the Institute shall transmit the report on such assessment to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”

Sec. 408 Hollings Manufacturing Extension Partnership

Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended to read as follows:

“25. Hollings Manufacturing Extension Partnership

“(a) Establishment and purpose

“(1) In general—The Secretary, through the Director and, if appropriate, through other officials, shall provide assistance for the creation and support of manufacturing extension centers, to be known as the “Hollings Manufacturing Extension Centers”, for the transfer of manufacturing technology and best business practices (in this Act referred to as the “Centers”). The program under this section shall be known as the “Hollings Manufacturing Extension Partnership”.

“(2) Affiliations—Such Centers shall be affiliated with any United States-based public or nonprofit institution or organization, or group thereof, that applies for and is awarded financial assistance under this section.

“(3) Objective—The objective of the Centers is to enhance competitiveness, productivity, and technological performance in United States manufacturing through—

“(A) the transfer of manufacturing technology and techniques developed at the Institute to Centers and, through them, to manufacturing companies throughout the United States;

“(B) the participation of individuals from industry, institutions of higher education, State governments, other Federal agencies, and, when appropriate, the Institute in cooperative technology transfer activities;

“(C) efforts to make new manufacturing technology and processes usable by United States-based small and medium-sized companies;

“(D) the active dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms, including small and medium-sized manufacturing companies;

“(E) the utilization, when appropriate, of the expertise and capability that exists in Federal laboratories other than the Institute;

“(F) the provision to community colleges and area career and technical education schools of information about the job skills needed in small and medium-sized manufacturing businesses in the regions they serve; and

“(G) promoting and expanding certification systems offered through industry, associations, and local colleges, when appropriate.

“(b) Activities—The activities of the Centers shall include—

“(1) the establishment of automated manufacturing systems and other advanced production technologies, based on Institute-supported research, for the purpose of demonstrations and technology transfer;

“(2) the active transfer and dissemination of research findings and Center expertise to a wide range of companies and enterprises, particularly small and medium-sized manufacturers; and

“(3) the facilitation of collaborations and partnerships between small and medium-sized manufacturing companies and community colleges and area career and technical education schools to help such colleges and schools better understand the specific needs of manufacturers and to help manufacturers better understand the skill sets that students learn in the programs offered by such colleges and schools.

“(c) Operations

“(1) Financial support—The Secretary may provide financial support to any Center created under subsection (a). The Secretary may not provide to a Center more than 50 percent of the capital and annual operating and maintenance funds required to create and maintain such Center.

“(2) Regulations—The Secretary shall implement, review, and update the sections of the Code of Federal Regulations related to this section at least once every 3 years.

“(3) Application

“(A) In general—Any nonprofit institution, or consortium thereof, or State or local government, may submit to the Secretary an application for financial support under this section, in accordance with the procedures established by the Secretary.

“(B) Cost sharing—In order to receive assistance under this section, an applicant for financial assistance under subparagraph (A) shall provide adequate assurances that non-Federal assets obtained from the applicant and the applicant’s partnering organizations will be used as a funding source to meet not less than 50 percent of the costs incurred. For purposes of the preceding sentence, the costs incurred means the costs incurred in connection with the activities undertaken to improve the competitiveness, management, productivity, and technological performance of small and medium-sized manufacturing companies.

“(C) Agreements with other entities—In meeting the 50 percent requirement, it is anticipated that a Center will enter into agreements with other entities such as private industry, institutions of higher education, and State governments to accomplish programmatic objectives and access new and existing resources that will further the impact of the Federal investment made on behalf of small and medium-sized manufacturing companies.

“(D) Legal rights—Each applicant under subparagraph (A) shall also submit a proposal for the allocation of the legal rights associated with any invention which may result from the proposed Center’s activities.

“(4) Merit review—The Secretary shall subject each such application to merit review. In making a decision whether to approve such application and provide financial support under this section, the Secretary shall consider, at a minimum, the following:

“(A) The merits of the application, particularly those portions of the application regarding technology transfer, training and education, and adaptation of manufacturing technologies to the needs of particular industrial sectors.

“(B) The quality of service to be provided.

“(C) Geographical diversity and extent of service area.

“(D) The percentage of funding and amount of in-kind commitment from other sources.

“(5) Evaluation

“(A) In general—Each Center that receives financial assistance under this section shall be evaluated during its third year of operation by an evaluation panel appointed by the Secretary.

“(B) Composition—Each such evaluation panel shall be composed of private experts, none of whom shall be connected with the involved Center, and Federal officials.

“(C) Chair—An official of the Institute shall chair the panel.

“(D) Performance measurement—Each evaluation panel shall measure the involved Center’s performance against the objectives specified in this section.

“(E) Positive evaluation—If the evaluation is positive, the Secretary may provide continued funding through the sixth year.

changed “(F) Probation—The Secretary shall not provide funding unless the Center has received a positive evaluation. A Center that has not received a positive evaluation by the evaluation panel shall be notified by the panel of the deficiencies in its performance and shall be placed on probation for ~~one~~ 1 year, after which time the panel shall reevaluate the Center. If the Center has not addressed the deficiencies identified by the panel, or shown a significant improvement in its performance, the Director shall conduct a new competition to select an operator for the Center or may close the Center.

“(G) Additional financial support—After the sixth year, a Center may receive additional financial support under this section if it has received a positive evaluation through an independent review, under procedures established by the Institute.

changed “(H) Eight-year review—A Center shall undergo an independent review in the ~~8th~~ eighth year of operation. Each evaluation panel shall measure the Center’s performance against the objectives specified in this section. A Center that has not received a positive evaluation as a result of an independent review shall be notified by the Program of the deficiencies in its performance and shall be placed on probation for ~~one~~ 1 year, after which time the Program shall reevaluate the Center. If the Center has not addressed the deficiencies identified by the review, or shown a significant improvement in its performance, the Director shall conduct a new competition to select an operator for the Center or may close the Center.

“(I) Recompetition—If a recipient of a Center award has received financial assistance for 10 consecutive years, the Director shall conduct a new competition to select an operator for the Center consistent with the plan required in this Act. Incumbent Center operators in good standing shall be eligible to compete for the new award.

“(J) Reports

“(i) Plan—Not later than 180 days after the date of enactment of the America COMPETES Reauthorization Act of 2015, the Director shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan as to how the Institute will conduct reviews, assessments, and reapplication competitions under this paragraph.

“(ii) Independent assessment—The Director shall contract with an independent organization to perform an assessment of the implementation of the reapplication competition process under this paragraph within 3 years after the transmittal of the report under clause (i). The organization conducting the assessment under this clause may consult with the MEP Advisory Board.

“(iii) Comparison of centers—Not later than 2 years after the date of enactment of the America COMPETES Reauthorization Act of 2015, the Director shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report providing information on the first and second years of operations for centers operating from new competitions or recompetition as compared to longstanding centers. The report shall provide detail on the engagement in services provided by Centers and the characteristics of services provided, including volume and type of services, so that the Committees can evaluate whether the cost-sharing ratio has an effect on the services provided at Centers.

“(6) Patent rights—The provisions of chapter 18 of title 35, United States Code, shall apply, to the extent not inconsistent with this section, to the promotion of technology from research by Centers under this section except for contracts for such specific technology extension or transfer services as may be specified by statute or by the Director.

“(7) Protection of Center client confidential information—Section 552 of title 5, United States Code, shall apply to the following information obtained by the Federal Government on a confidential basis in connection with the activities of any participant involved in the Hollings Manufacturing Extension Partnership:

“(A) Information on the business operation of any participant in a Hollings Manufacturing Extension Partnership program or of a client of a Center.

“(B) Trade secrets possessed by any client of a Center.

“(8) Advisory boards—Each Center’s advisory boards shall institute a conflict of interest policy, approved by the Director, that ensures the Board represents local small and medium-sized manufacturers in the Center’s region. Board Members may not serve as a vendor or provide services to the Center, nor may they serve on more than one Center’s oversight board simultaneously.

“(d) Acceptance of funds

changed “(1) In general—In addition to such sums as may be appropriated to the Secretary and Director to operate the Hollings Manufacturing Extension Partnership, the Secretary and Director also may accept funds from other Federal departments and agencies and, under section 2(c)(7), from the private ~~sector~~ sector, to be available to the extent provided by appropriations Acts, for the purpose of strengthening United States manufacturing.

“(2) Allocation of funds

“(A) Funds accepted from other Federal departments or agencies—The Director shall determine whether funds accepted from other Federal departments or agencies shall be counted in the calculation of the Federal share of capital and annual operating and maintenance costs under subsection (c).

“(B) Funds accepted from the private sector—Funds accepted from the private sector under section 2(c)(7), if allocated to a Center, may not be considered in the calculation of the Federal share under subsection (c) of this section.

“(e) MEP Advisory Board

“(1) Establishment—There is established within the Institute a Manufacturing Extension Partnership Advisory Board (in this subsection referred to as the “MEP Advisory Board”).

“(2) Membership

changed “(A) In general—The MEP Advisory Board shall consist of not fewer than 10 members broadly representative of stakeholders, to be appointed by the Director. At least 2 two members shall be employed by or on an advisory board for the Centers, at least 1 one member shall represent a community college, and at least 5 five other members shall be from United States small businesses in the manufacturing sector. No member shall be an employee of the Federal Government.

“(B) Term—Except as provided in subparagraph (C) or (D), the term of office of each member of the MEP Advisory Board shall be 3 years.

“(C) Vacancies—Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.

changed “(D) Serving consecutive terms—Any person who has completed two consecutive full terms of service on the MEP Advisory Board shall thereafter be ineligible for appointment during the ~~one-year~~ 1-year period following the expiration of the second such term.

changed “(3) Meetings—The MEP Advisory Board shall meet not less than 2 two times annually and shall provide to the Director—

“(A) advice on Hollings Manufacturing Extension Partnership programs, plans, and policies;

“(B) assessments of the soundness of Hollings Manufacturing Extension Partnership plans and strategies; and

“(C) assessments of current performance against Hollings Manufacturing Extension Partnership program plans.

“(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.

“(5) Report—The MEP Advisory Board shall transmit an annual report to the Secretary for transmittal to Congress within 30 days after the submission to Congress of the President’s annual budget request in each year. Such report shall address the status of the program established pursuant to this section and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and (d) of section 23.

“(f) Competitive Grant Program

“(1) Establishment—The Director shall establish, within the Hollings Manufacturing Extension Partnership, under this section and section 26, a program of competitive awards among participants described in paragraph (2) for the purposes described in paragraph (3).

“(2) Participants—Participants receiving awards under this subsection shall be the Centers, or a consortium of such Centers.

“(3) Purpose—The purpose of the program under this subsection is to add capabilities to the Hollings Manufacturing Extension Partnership, including the development of projects to solve new or emerging manufacturing problems as determined by the Director, in consultation with the Director of the Hollings Manufacturing Extension Partnership program, the MEP Advisory Board, and small and medium-sized manufacturers. One or more themes for the competition may be identified, which may vary from year to year, depending on the needs of manufacturers and the success of previous competitions. Centers may be reimbursed for costs incurred under the program.

“(4) Applications—Applications for awards under this subsection shall be submitted in such manner, at such time, and containing such information as the Director shall require, in consultation with the MEP Advisory Board.

“(5) Selection—Awards under this subsection shall be peer reviewed and competitively awarded. The Director shall endeavor to have broad geographic diversity among selected proposals. The Director shall select proposals to receive awards that will—

“(A) improve the competitiveness of industries in the region in which the Center or Centers are located;

“(B) create jobs or train newly hired employees; and

“(C) promote the transfer and commercialization of research and technology from institutions of higher education, national laboratories, and nonprofit research institutes.

“(6) Program contribution—Recipients of awards under this subsection shall not be required to provide a matching contribution.

“(7) Global marketplace projects—In making awards under this subsection, the Director, in consultation with the MEP Advisory Board and the Secretary, may take into consideration whether an application has significant potential for enhancing the competitiveness of small and medium-sized United States manufacturers in the global marketplace.

“(8) Duration—Awards under this subsection shall last no longer than 3 years.

“(g) 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.

“(h) Definitions—In this section—

“(1) the term “area career and technical education school” has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. 2302); and

“(2) the term community college means an institution of higher education (as defined under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) at which the highest degree that is predominately awarded to students is an associate’s degree.”

Sec. 411 Information systems standards consultation

changed Section 20(c)(1) of the National Institute of Standards and Technology Act (15 U.S.C. ~~278g—3(c)(1))~~ 278g–3(c)(1)) is amended by striking “the National Security Agency,”.

Sec. 503 Advanced scientific computing research

(a)

Program— The Director shall carry out a research, development, and demonstration program to advance computational and networking capabilities to analyze, model, simulate, and predict complex phenomena relevant to the development of new energy technologies and the competitiveness of the United States.

(b)

Facilities— The Director, as part of the program described in subsection (a), shall develop and maintain world-class computing and network facilities for science and deliver critical research in applied mathematics, computer science, and advanced networking to support the Department’s missions.

(c)

Definitions— Section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5541) is amended by striking paragraphs (1) through (5) and inserting the following:

“(1) Co-design—The term co-design means the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems.

“(2) Department—The term Department means the Department of Energy.

“(3) Exascale—The term exascale means computing system performance at or near 10 to the 18th power floating point operations per second.

“(4) High-end computing system—The term high-end computing system means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications.

“(5) Institution of higher education—The term institution of higher education has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

“(6) Leadership system—The term “leadership system” means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems.

“(7) National laboratory—The term National Laboratory means any one of the seventeen laboratories owned by the Department.

“(8) Secretary—The term Secretary means the Secretary of Energy.

“(9) Software technology—The term software technology includes optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems.”

(d)

changed Department of Energy ~~high-end~~ high-End computing research and development program— Section 3 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5542) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking “program” and inserting “coordinated program across the Department”;

(B)

by striking “and” at the end of paragraph (1);

(C)

by striking the period at the end of paragraph (2) and inserting “; and”; and

(D)

by adding at the end the following new paragraph:

“(3) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in this program to other challenges in science, engineering, medicine, and industry.”

(2)

in subsection (b)(2), by striking “vector” and all that follows through “architectures” and inserting “computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability”; and

(3)

by striking subsection (d) and inserting the following:

“(d) Exascale computing program

“(1) In general—The Secretary shall conduct a coordinated research program to develop exascale computing systems to advance the missions of the Department.

“(2) Execution—The Secretary shall, through competitive merit review, establish two or more National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures, and—

“(A) conduct mission-related co-design activities in developing such exascale platforms;

“(B) develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing Department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management; and

“(C) explore the use of exascale computing technologies to advance a broad range of science and engineering.

“(3) Administration—In carrying out this program, the Secretary shall—

“(A) provide, on a competitive, merit-reviewed basis, access for researchers in United States industry, institutions of higher education, National Laboratories, and other Federal agencies to these exascale systems, as appropriate; and

“(B) conduct outreach programs to increase the readiness for the use of such platforms by domestic industries, including manufacturers.

“(4) Reports

“(A) Integrated strategy and program management plan—The Secretary shall submit to Congress, not later than 90 days after the date of enactment of the America COMPETES Reauthorization Act of 2015, a report outlining an integrated strategy and program management plan, including target dates for prototypical and production exascale platforms, interim milestones to reaching these targets, functional requirements, roles and responsibilities of National Laboratories and industry, acquisition strategy, and estimated resources required, to achieve this exascale system capability. The report shall include the Secretary's plan for Departmental organization to manage and execute the Exascale Computing Program, including definition of the roles and responsibilities within the Department to ensure an integrated program across the Department. The report shall also include a plan for ensuring balance and prioritizing across ASCR subprograms in a flat or slow-growth budget environment.

“(B) Status reports—At the time of the budget submission of the Department for each fiscal year, the Secretary shall submit a report to Congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program.

“(C) Exascale merit report—At least 18 months prior to the initiation of construction or installation of any exascale-class computing facility, the Secretary shall transmit a plan to the Congress detailing—

“(i) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies;

“(ii) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and

“(iii) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances.”

Sec. 602 Strategic research portfolio analysis and coordination plan

Section 994 of Energy Policy Act of 2005 (42 U.S.C. 16358) is amended to read as follows:

“994. Strategic research portfolio analysis and coordination plan

“(a) In general—The Secretary shall periodically review all of the science and technology activities of the Department in a strategic framework that takes into account the frontiers of science to which the Department can contribute, the national needs relevant to the Department's statutory missions, and global energy dynamics.

“(b) Coordination analysis and plan—As part of the review under subsection (a), the Secretary shall develop a plan to improve coordination and collaboration in research, development, demonstration, and commercial application activities across Department organizational boundaries.

“(c) Plan contents—The plan shall describe—

changed “(1) ~~cross-cutting~~ crosscutting scientific and technical issues and research questions that span more than one program or major office of the Department;

“(2) how the applied technology programs of the Department are coordinating their activities, and addressing those questions;

“(3) ways in which the technical interchange within the Department, particularly between the Office of Science and the applied technology programs, can be enhanced, including limited ways in which the research agendas of the Office of Science and the applied programs can better interact and assist each other;

“(4) a description of how the Secretary will ensure that the Department’s overall research agenda include, in addition to fundamental, curiosity-driven research, fundamental research related to topics of concern to the applied programs, and applications in Departmental technology programs of research results generated by fundamental, curiosity-driven research;

changed “(5) critical assessments of any ongoing programs that have experienced sub-par performance or cost over-runs of 10 percent or more over ~~one~~ 1 or more ~~years; and~~years;

changed “(6) activities that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other ~~stakeholders.~~stakeholders; and

added “(7) detailed proposals for innovation hubs, institutes, and research centers prior to establishment or renewal by the Department, including—

added “(A) certification that all hubs, institutes, and research centers will advance the mission of the Department, and prioritize research, development, and demonstration;

added “(B) certification that the establishment or renewal of hubs, institutes, or research centers will not diminish funds available for basic research and development within the Office of Science; and

added “(C) certification that all hubs, institutes, and research centers established or renewed within the Office of Science are consistent with the mission of the Office of Science as described in section 209(c) of the Department of Energy Organization Act (42 U.S.C. 7139(c)).

“(d) Plan transmittal—Not later than 1 year after the date of enactment of the America COMPETES Reauthorization Act of 2015, and every 4 years thereafter, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the results of the review under subsection (a) and the coordination plan under subsection (b).”

Sec. 604 Energy Innovation Hubs

added

(a)

added Authorization of program—

(1)

added In general— The Secretary of Energy shall carry out a program to enhance the Nation’s economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support, whenever practicable at one centralized location, multidisciplinary, collaborative research, development, and demonstration of advanced energy technologies.

(2)

added Technology development focus— The Secretary shall designate for each Hub a unique advanced energy technology focus.

(3)

added Coordination— The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of Hubs with those of other Department of Energy research entities, including the National Laboratories, the Advanced Research Projects Agency-Energy, Energy Frontier Research Centers, and within industry.

(b)

added Consortia—

(1)

added Eligibility— To be eligible to receive an award under this section for the establishment and operation of a Hub, a consortium shall—

(A)

added be composed of no fewer than two qualifying entities; and

(B)

added operate subject to an agreement entered into by its members that documents—

(i)

added the proposed partnership agreement, including the governance and management structure of the Hub;

(ii)

added measures to enable cost-effective implementation of the program under this section;

(iii)

added a proposed budget, including financial contributions from non-Federal sources;

(iv)

added a plan for managing intellectual property rights; and

(v)

added an accounting structure that enables the Secretary to ensure that the consortium has complied with the requirements of this section.

(2)

added Application— A consortium seeking to establish and operate a Hub under this section, acting through a prime applicant, shall transmit to the Secretary an application at such time, in such form, and accompanied by such information as the Secretary shall require, including a detailed description of the elements of the consortium agreement required under paragraph (1)(B). If the consortium members will not be located at one centralized location, such application shall include a communications plan that ensures close coordination and integration of the Hub’s activities.

(c)

added Selection and schedule— The Secretary shall select consortia for awards for the establishment and operation of Hubs through competitive selection processes. In selecting consortia, the Secretary shall consider the information a consortium must disclose according to subsection (b), as well as any existing facilities a consortium will provide for Hub activities. Awards made to a Hub shall be for a period not to exceed 5 years, subject to the availability of appropriations, after which the award may be renewed, subject to a rigorous merit review. A Hub already in existence on the date of enactment of this Act may continue to receive support for a period of 5 years, subject to the availability of appropriations, beginning on the date of establishment of that Hub.

(d)

added Hub operations—

(1)

added In general— Each Hub shall conduct or provide for multidisciplinary, collaborative research, development, and demonstration of advanced energy technologies within the technology development focus designated under subsection (a)(2). Each Hub shall—

(A)

added encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location;

(B)

added develop and publish on the Department of Energy’s website proposed plans and programs;

(C)

added submit an annual report to the Secretary summarizing the Hub’s activities, including detailing organizational expenditures, and describing each project undertaken by the Hub; and

(D)

added monitor project implementation and coordination.

(2)

added Conflicts of interest—

(A)

added Procedures— Hubs shall maintain conflict of interest procedures, consistent with those of the Department of Energy, to ensure that employees and consortia designees for Hub activities who are in decisionmaking capacities disclose all material conflicts of interest, and avoid such conflicts.

(B)

added Disqualification and revocation— The Secretary may disqualify an application or revoke funds distributed to a Hub if the Secretary discovers a failure to comply with conflict of interest procedures established under subparagraph (A).

(3)

added Prohibition on construction—

(A)

added In general— No funds provided pursuant to this section may be used for construction of new buildings or facilities for Hubs. Construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement.

(B)

added Test bed and renovation exception— Nothing in this subsection shall prohibit the use of funds provided pursuant to this section, or non-Federal cost share funds, for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research if the Secretary determines that the test bed or renovations are limited to a scope and scale necessary for the research to be conducted.

(e)

added Termination— Consistent with the existing authorities of the Department, the Secretary may terminate an underperforming Hub for cause during the performance period.

(f)

added Definitions— For purposes of this section:

(1)

added Advanced energy technology— The term “advanced energy technology” means—

(A)

added an innovative technology—

(i)

added that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources;

(ii)

added that produces nuclear energy;

(iii)

added for carbon capture and sequestration;

(iv)

added that enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings;

(v)

added that generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies, including through Smart Grid technologies; or

(vi)

added that enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources, including coal, oil, and natural gas;

(B)

added research, development, and demonstration activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements; or

(C)

added another innovative energy technology area identified by the Secretary.

(2)

added Hub— The term “Hub” means an Energy Innovation Hub established or operating in accordance with this section, including any Energy Innovation Hub existing as of the date of enactment of this Act.

(3)

added Qualifying entity— The term “qualifying entity” means—

(A)

added an institution of higher education;

(B)

added an appropriate State or Federal entity, including the Department of Energy Federally Funded Research and Development Centers;

(C)

added a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application; or

(D)

added any other relevant entity the Secretary considers appropriate.

Sec. 612 Electric transmission and distribution research and development

(a)

Amendments— Section 925 of the Energy Policy Act of 2005 (42 U.S.C. 16215) is amended—

(1)

by amending the section heading to read as follows: “Electric transmission and distribution research and development”;

(2)

by amending subsection (a) to read as follows:

“(a) Program—The Secretary shall establish a comprehensive research, development, and demonstration program to ensure the reliability, efficiency, and environmental integrity of electrical transmission and distribution systems, which shall include innovations for—

“(1) advanced energy delivery technologies, energy storage technologies, materials, and systems;

“(2) advanced grid reliability and efficiency technology development;

“(3) technologies contributing to significant load reductions;

“(4) advanced metering, load management, and control technologies;

“(5) technologies to enhance existing grid components;

“(6) the development and use of high-temperature superconductors to—

“(A) enhance the reliability, operational flexibility, or power-carrying capability of electric transmission or distribution systems; or

“(B) increase the efficiency of electric energy generation, transmission, distribution, or storage systems;

“(7) integration of power systems, including systems to deliver high-quality electric power, electric power reliability, and combined heat and power;

“(8) supply of electricity to the power grid by small scale, distributed, and residential-based power generators;

changed “(9) the development and use of advanced grid design, operation, and planning ~~tools; and~~tools;

changed “(10) ~~any other infrastructure technologies, as appropriate.”~~technologies to enhance security for electrical transmission and distributions systems; and

added “(11) any other infrastructure technologies, as appropriate.”

(3)

by amending subsection (c) to read as follows:

“(c) Implementation

“(1) Consortium—The Secretary shall consider implementing the program under this section using a consortium of participants from industry, institutions of higher education, and National Laboratories.

“(2) Objectives—To the maximum extent practicable the Secretary shall seek to—

“(A) leverage existing programs;

“(B) consolidate and coordinate activities, throughout the Department to promote collaboration and crosscutting approaches;

“(C) ensure activities are undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and

“(D) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders.”

(b)

Table of contents amendment— The item relating to section 925 in the table of contents of the Energy Policy Act of 2005 is amended to read as follows:

Sec. 622 Program objectives study

Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is further amended by adding at the end the following new subsection:

changed “(c) Program objectives study—In furtherance of the program objectives listed in subsection (a) of this section, the Government Accountability Office shall, within ~~one~~ 1 year after the date of enactment of this subsection, transmit to the Congress a report on the results of a study on the scientific and technical merit of major Federal and State requirements and standards, including moratoria, that delay or impede the further development and commercialization of nuclear power, and how the Department can assist in overcoming such delays or impediments.”

Sec. 629 Nuclear waste disposal

removed

removed To the extent consistent with the requirements of current law, the Department shall be responsible for disposal of high-level radioactive waste or spent nuclear fuel generated by reactors under the programs authorized in this subtitle, or the amendments made by this subtitle.

Sec. 648 Bioenergy program

Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is amended to read as follows:

“932. Bioenergy program

“(a) Program—The Secretary shall conduct a program of research, development, demonstration, and commercial application for bioenergy, including innovations in—

“(1) biopower energy systems;

“(2) biofuels;

“(3) bioproducts;

“(4) integrated biorefineries that may produce biopower, biofuels, and bioproducts; and

changed “(5) ~~cross-cutting~~ crosscutting research and development in feedstocks.

“(b) Biofuels and Bioproducts—The goals of the biofuels and bioproducts programs shall be to develop, in partnership with industry and institutions of higher education—

“(1) advanced biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks that are price-competitive with fossil-based fuels and fully compatible with either internal combustion engines or fuel cell-powered vehicles;

“(2) advanced conversion of biomass to biofuels and bioproducts as part of integrated biorefineries based on either biochemical processes, thermochemical processes, or hybrids of these processes; and

“(3) other advanced processes that will enable the development of cost-effective bioproducts, including biofuels.

“(c) Retrofit Technologies for the Development of Ethanol From Cellulosic Materials—The Secretary shall establish a program of research, development, demonstration, and commercial application for technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of biomass, including lignocellulosic feedstocks.

“(d) Limitations—None of the funds authorized for carrying out this section may be used to fund commercial biofuels production for defense purposes.

“(e) Definitions—In this section:

“(1) Biomass—The term biomass means—

“(A) any organic material grown for the purpose of being converted to energy;

“(B) any organic byproduct of agriculture (including wastes from food production and processing) that can be converted into energy; or

“(C) any waste material that can be converted to energy, is segregated from other waste materials, and is derived from—

“(i) any of the following forest-related resources: mill residues, precommercial thinnings, slash, brush, or otherwise nonmerchantable material;

“(ii) wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste, gas derived from the biodegradation of municipal solid waste, or paper that is commonly recycled; or

“(iii) solids derived from waste water treatment processes.

“(2) Lignocellulosic feedstock—The term lignocellulosic feedstock means any portion of a plant or coproduct from conversion, including crops, trees, forest residues, grasses, and agricultural residues not specifically grown for food, including from barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, cornstover, and sugarcane bagasse.”

Sec. 662 Coal research, development, demonstration, and commercial application programs

(a)

In general— Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is amended—

(1)

in subsection (a)—

(A)

in paragraph (10), by striking “and” at the end;

(B)

in paragraph (11), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

“(12) specific additional programs to address water use and reuse;

“(13) the testing, including the construction of testing facilities, of high temperature materials for use in advanced systems for combustion or use of coal; and

“(14) innovations to application of existing coal conversion systems designed to increase efficiency of conversion, flexibility of operation, and other modifications to address existing usage requirements.”

(2)

by redesignating subsections (b) through (d) as subsections (c) through (e), respectively;

(3)

by inserting after subsection (a) the following:

“(b) Transformational coal technology program

“(1) In general—As part of the program established under subsection (a), the Secretary may carry out a program designed to undertake research, development, demonstration, and commercial application of technologies, including the accelerated development of—

“(A) chemical looping technology;

“(B) supercritical carbon dioxide power generation cycles;

“(C) pressurized oxycombustion, including new and retrofit technologies; and

“(D) other technologies that are characterized by the use of—

“(i) alternative energy cycles;

“(ii) thermionic devices using waste heat;

“(iii) fuel cells;

“(iv) replacement of chemical processes with biotechnology;

“(v) nanotechnology;

“(vi) new materials in applications (other than extending cycles to higher temperature and pressure), such as membranes or ceramics;

“(vii) carbon utilization, such as in construction materials, using low quality energy to reconvert back to a fuel, or manufactured food;

“(viii) advanced gas separation concepts; and

“(ix) other technologies, including—

“(I) modular, manufactured components; and

“(II) innovative production or research techniques, such as using 3–D printer systems, for the production of early research and development prototypes.

“(2) Cost share—In carrying out the program described in paragraph (1), the Secretary shall enter into partnerships with private entities to share the costs of carrying out the program. The Secretary may reduce the non-Federal cost share requirement if the Secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project.”

(4)

in subsection (c) (as so redesignated) by striking paragraph (1) and inserting the following:

“(1) In general—In carrying out programs authorized by this section, the Secretary shall identify cost and performance goals for coal-based technologies that would permit the continued cost-competitive use of coal for the production of electricity, chemical feedstocks, transportation fuels, and other marketable products.”

(b)

Advisory committee; authorization of appropriations— Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is amended—

(1)

by amending paragraph (6) of subsection (c) to read as follows:

“(6) Advisory committee

“(A) In general—Subject to subparagraph (B), the Secretary shall establish an advisory committee to undertake, not less frequently than once every 3 years, a review and prepare a report on the progress being made by the Department of Energy to achieve the goals described in subsections (a) and (b) of section 962 and subsection (b) of this section.

changed “(B) Membership requirements—Members of the advisory committee established under subparagraph (A) shall be appointed by the ~~Secretary.”~~Secretary, except that three members shall be appointed by the Speaker of the House of Representatives and two members shall be appointed by the Majority Leader of the Senate. The total number of members of the advisory committee shall be 15.”

(2)

by amending subsection (d) to read as follows:

“(d) Study of carbon dioxide pipelines—Not later than 1 year after the date of enactment of the America COMPETES Reauthorization Act of 2015, the Secretary shall transmit to Congress the results of a study to assess the cost and feasibility of engineering, permitting, building, maintaining, regulating, and insuring a national system of carbon dioxide pipelines.”

Sec. 681 Authorization of appropriations

(a)

Electricity Delivery and Energy Reliability Research and Development— There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for electrical delivery and energy reliability technology activities within the Office of Electricity $113,000,000 for each of fiscal years 2016 and 2017.

(b)

Nuclear energy—

(1)

In general— There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for nuclear energy technology activities within the Office of Nuclear Energy $504,600,000 for each of fiscal years 2016 and 2017.

(2)

Limitation— Any amounts made available pursuant to the authorization of appropriations under paragraph (1) shall not be derived from the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)).

(c)

changed Energy efficiency and renewable energy— There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for energy efficiency and renewable energy technology activities within the Office of Energy Efficiency and Renewable Energy ~~$1,198,500,000~~ $1,193,500,000 for each of fiscal years 2016 and 2017.

(d)

Fossil energy— There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for fossil energy technology activities within the Office of Fossil Energy $605,000,000 for each of fiscal years 2016 and 2017.

(e)

ARPA–E— There are authorized to be appropriated to the Secretary for the Advanced Research Projects Agency–Energy $140,000,000 for each of fiscal years 2016 and 2017.

Sec. 711 Under Secretary for Science and Energy

removed

(a)

removed ~~In general—~~ ~~Section 202(b) of the Department of Energy Organization Act (42 U.S.C. 7132(b)) is amended—~~

(1)

removed ~~by striking “Under Secretary for Science” each place it appears and inserting “Under Secretary for Science and Energy”; and~~

(2)

removed ~~in paragraph (4)—~~

(A)

removed ~~in subparagraph (F), by striking “and” at the end;~~

(B)

removed ~~in subparagraph (G), by striking the period at the end and inserting a semicolon; and~~

(C)

removed ~~by inserting after subparagraph (G) the following:~~

removed ~~“(H) establish appropriate linkages between offices under the jurisdiction of the Under Secretary; and~~

removed ~~“(I) perform such functions and duties as the Secretary shall prescribe, consistent with this section.”~~

(b)

removed ~~Conforming amendments—~~

(1)

removed Section 3164(b)(1) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by striking “Under Secretary for Science” and inserting “Under Secretary for Science and Energy”.

(2)

removed Section 641(h)(2) of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended by striking “Under Secretary for Science” and inserting “Under Secretary for Science and Energy”.

Sec. 721 Agreements for Commercializing Technology pilot program

(a)

In general— The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section.

(b)

Terms— Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations.

(c)

Eligibility—

(1)

In general— Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a).

(2)

Agreements with non-Federal entities— To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award.

(3)

Restriction— The requirements of chapter 18 of title 35, United States Code (commonly known as the “Bayh-Dole Act”) shall apply if—

(A)

the agreement is a funding agreement (as that term is defined in section 201 of that title); and

(B)

changed at least 1 one of the parties to the funding agreement is eligible to receive rights under that chapter.

(d)

Submission to Secretary— Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section—

(1)

a summary of information relating to the relevant project;

(2)

the total estimated costs of the project;

(3)

estimated commencement and completion dates of the project; and

(4)

other documentation determined to be appropriate by the Secretary.

(e)

Certification— The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section—

(1)

is not in direct competition with the private sector; and

(2)

does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section.

(f)

Extension— The pilot program referred to in subsection (a) shall be extended until October 31, 2017.

(g)

Reports—

(1)

Overall assessment— Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that—

(A)

assesses the overall effectiveness of the pilot program referred to in subsection (a);

(B)

identifies opportunities to improve the effectiveness of the pilot program;

(C)

assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and

(D)

provides a recommendation regarding the future of the pilot program.

(2)

Transparency— The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section.

Sec. 722 Public-private partnerships for commercialization

(a)

changed In general— Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than ~~$1,000,000.~~$1 million.

(b)

Agreements— Subsection (a) applies to—

(1)

a cooperative research and development agreement;

(2)

a non-Federal work-for-others agreement; and

(3)

any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories.

(c)

Administration—

(1)

Accountability— The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States.

(2)

Certification— The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section.

(3)

Availability of records— On entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement.

(4)

Rates— The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery, if such funds are used exclusively to support further research and development activities at the respective National Laboratory.

(d)

Exception— This section does not apply to any agreement with a majority foreign-owned company.

(e)

Conforming amendment— Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended—

(1)

in subsection (a)—

(A)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately;

(B)

by striking “Each Federal agency” and inserting the following:

“(1) In general—Except as provided in paragraph (2), each Federal agency”

(C)

by adding at the end the following:

changed “(2) Exception—Notwithstanding paragraph (1), in accordance with section 722(a) of the America COMPETES Reauthorization Act of 2015, approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than ~~$1,000,000.”~~$1 million.”

(2)

in subsection (b), by striking “subsection (a)(1)” each place it appears and inserting “subsection (a)(1)(A)”.

H.R. 1806 — what changed

Sec. 101 Authorization of appropriations

Sec. 108 Management and oversight of large facilities

Sec. 110 Graduate student support

Sec. 112 Expanding STEM opportunities

Sec. 114 Recompetition of awards

Sec. 115 Sense of the Congress regarding industry investment in STEM education

Sec. 116 Misrepresentation of research results

Sec. 122 Sense of Congress regarding Innovation Corps

Sec. 124 Noyce scholarship program amendments

Sec. 125 Informal STEM education

Sec. 127 Hispanic Opportunity Program in Education and Science

Sec. 201 Findings; sense of Congress

Sec. 202 STEM Education Advisory Panel

Sec. 305 Amendments to prize competitions

Sec. 401 Authorization of appropriations

Sec. 405 Education and outreach

Sec. 407 Assessments by the National Research Council

Sec. 408 Hollings Manufacturing Extension Partnership

Sec. 411 Information systems standards consultation

Sec. 503 Advanced scientific computing research

Sec. 602 Strategic research portfolio analysis and coordination plan

Sec. 604 Energy Innovation Hubs

Sec. 612 Electric transmission and distribution research and development

Sec. 622 Program objectives study

Sec. 629 Nuclear waste disposal

Sec. 648 Bioenergy program

Sec. 662 Coal research, development, demonstration, and commercial application programs

Sec. 681 Authorization of appropriations

Sec. 711 Under Secretary for Science and Energy

Sec. 721 Agreements for Commercializing Technology pilot program

Sec. 722 Public-private partnerships for commercialization

Cite this provision

Incoming references