[114th Congress Public Law 329]
[From the U.S. Government Publishing Office]
[[Page 130 STAT. 2969]]
Public Law 114-329
114th Congress
An Act
To invest in innovation through research and development, and to improve
the competitiveness of the United States. <<NOTE: Jan. 6, 2017 - [S.
3084]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: American
Innovation and Competitiveness Act. 42 USC 1861 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Innovation
and Competitiveness Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--MAXIMIZING BASIC RESEARCH
Sec. 101. Reaffirmation of merit-based peer review.
Sec. 102. Transparency and accountability.
Sec. 103. EPSCoR reaffirmation and update.
Sec. 104. Cybersecurity research.
Sec. 105. Networking and Information Technology Research and Development
Update.
Sec. 106. Physical sciences coordination.
Sec. 107. Laboratory program improvements.
Sec. 108. Standard Reference Data Act update.
Sec. 109. NSF mid-scale project investments.
Sec. 110. Oversight of NSF major multi-user research facility projects.
Sec. 111. Personnel oversight.
Sec. 112. Management of the U.S. Antarctic Program.
Sec. 113. NIST campus security.
Sec. 114. Coordination of sustainable chemistry research and
development.
Sec. 115. Misrepresentation of research results.
Sec. 116. Research reproducibility and replication.
Sec. 117. Brain Research through Advancing Innovative Neurotechnologies
Initiative.
TITLE II--ADMINISTRATIVE AND REGULATORY BURDEN REDUCTION
Sec. 201. Interagency working group on research regulation.
Sec. 202. Scientific and technical collaboration.
Sec. 203. NIST grants and cooperative agreements update.
Sec. 204. Repeal of certain obsolete reports.
Sec. 205. Repeal of certain provisions.
Sec. 206. Grant subrecipient transparency and oversight.
Sec. 207. Micro-purchase threshold for procurement solicitations by
research institutions.
Sec. 208. Coordination of international science and technology
partnerships.
TITLE III--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH EDUCATION
Sec. 301. Robert Noyce Teacher Scholarship Program update.
Sec. 302. Space grants.
Sec. 303. STEM Education Advisory Panel.
Sec. 304. Committee on STEM Education.
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Sec. 305. Programs to expand STEM opportunities.
Sec. 306. NIST education and outreach.
Sec. 307. Presidential awards for excellence in STEM mentoring.
Sec. 308. Working group on inclusion in STEM fields.
Sec. 309. Improving undergraduate STEM experiences.
Sec. 310. Computer science education research.
Sec. 311. Informal STEM education.
Sec. 312. Developing STEM apprenticeships.
Sec. 313. NSF report on broadening participation.
Sec. 314. NOAA science education programs.
Sec. 315. Hispanic-serving institutions undergraduate program update.
TITLE IV--LEVERAGING THE PRIVATE SECTOR
Sec. 401. Prize competition authority update.
Sec. 402. Crowdsourcing and citizen science.
Sec. 403. NIST director functions update.
Sec. 404. NIST Visiting Committee on Advanced Technology update.
TITLE V--MANUFACTURING
Sec. 501. Hollings manufacturing extension partnership improvements.
TITLE VI--INNOVATION AND TECHNOLOGY TRANSFER
Sec. 601. Innovation corps.
Sec. 602. Translational research grants.
Sec. 603. Optics and photonics technology innovations.
Sec. 604. United States chief technology officer.
Sec. 605. National research council study on technology for emergency
notifications on campuses.
SEC. 2. <<NOTE: 42 USC 1862s note.>> DEFINITIONS.
In this Act, unless expressly provided otherwise:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives.
(2) Federal science agency.--The term ``Federal science
agency'' has the meaning given the term in section 103 of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6623).
(3) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(4) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5) NIST.--The term ``NIST'' means the National Institute of
Standards and Technology.
(6) STEM.--The term ``STEM'' has the meaning given the term
in section 2 of the American COMPETES Reauthorization Act of
2010 (42 U.S.C. 6621 note).
(7) STEM education.--The term ``STEM education'' has the
meaning given the term in section 2 of the STEM Education Act of
2015 (42 U.S.C. 6621 note).
TITLE I--MAXIMIZING BASIC RESEARCH
SEC. 101. <<NOTE: 42 USC 1862s.>> REAFFIRMATION OF MERIT-BASED
PEER REVIEW.
(a) Sense of Congress.--It is the sense of Congress that--
(1) sustained, predictable Federal funding of basic research
is essential to United States leadership in science and
technology;
[[Page 130 STAT. 2971]]
(2) the Foundation's intellectual merit and broader impacts
criteria are appropriate for evaluating grant proposals, as
concluded by the 2011 National Science Board Task Force on Merit
Review;
(3) evaluating proposals on the basis of the Foundation's
intellectual merit and broader impacts criteria should be used
to assure that the Foundation's activities are in the national
interest as these reviews can affirm that--
(A) the proposals funded by the Foundation are of
high quality and advance scientific knowledge; and
(B) the Foundation's grants address societal needs
through basic research findings or through related
activities; and
(4) as evidenced by the Foundation's contributions to
scientific advancement, economic growth, human health, and
national security, its peer review and merit review processes
have identified and funded scientifically and societally
relevant basic research and should be preserved.
(b) Merit Review Criteria.--The Foundation shall maintain the
intellectual merit and broader impacts criteria, among other specific
criteria as appropriate, as the basis for evaluating grant proposals in
the merit review process.
(c) <<NOTE: Deadline.>> Updates.--If after the date of enactment of
this Act a change is made to the merit-review process, the Director
shall submit a report to the appropriate committees of Congress not
later than 30 days after the date of the change.
SEC. 102. <<NOTE: 42 USC 1862s-1.>> TRANSPARENCY AND
ACCOUNTABILITY.
(a) Findings.--
(1) building the understanding of and confidence in
investments in basic research is essential to public support for
sustained, predictable Federal funding;
(2) the Foundation has improved transparency and
accountability of the outcomes made through the merit review
process, but additional transparency into individual grants is
valuable in communicating and assuring the public value of
federally funded research; and
(3) the Foundation should commit to transparency and
accountability and to clear, consistent public communication
regarding the national interest for each Foundation-awarded
grant and cooperative agreement.
(b) Guidance.--
(1) In general.--The Director of the Foundation shall issue
and periodically update, as appropriate, policy guidance for
both Foundation staff and other Foundation merit review process
participants on the importance of transparency and
accountability to the outcomes made through the merit review
process.
(2) Requirements.--The guidance under paragraph (1) shall
require that each public notice of a Foundation-funded research
project justify the expenditure of Federal funds by--
(A) describing how the project--
(i) reflects the statutory mission of the
Foundation, as established in the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.);
and
(ii) addresses the Foundation's intellectual
merit and broader impacts criteria; and
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(B) clearly identifying the research goals of the
project in a manner that can be easily understood by
both technical and non-technical audiences.
(c) Broader Impacts Review Criterion Update.--Section 526(a) of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-14(a)) is
amended to read as follows:
``(a) <<NOTE: Applicability.>> Goals.--The Foundation shall apply a
broader impacts review criterion to identify and demonstrate project
support of the following goals:
``(1) Increasing the economic competitiveness of the United
States.
``(2) Advancing of the health and welfare of the American
public.
``(3) Supporting the national defense of the United States.
``(4) Enhancing partnerships between academia and industry
in the United States.
``(5) Developing an American STEM workforce that is globally
competitive through improved pre-kindergarten through grade 12
STEM education and teacher development, and improved
undergraduate STEM education and instruction.
``(6) Improving public scientific literacy and engagement
with science and technology in the United States.
``(7) Expanding participation of women and individuals from
underrepresented groups in STEM.''.
SEC. 103. EPSCOR REAFFIRMATION AND UPDATE.
(a) Findings.--Section 517(a) of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-9(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``The National'' and inserting ``the
National''; and
(B) by striking ``education,'' and inserting
``education'';
(2) in paragraph (2), by striking ``with 27 States'' and all
that follows through the semicolon at the end and inserting
``with 28 States and jurisdictions, taken together, receiving
only about 12 percent of all National Science Foundation
research funding;'';
(3) by striking paragraph (3) and inserting the following:
``(3) each of the States described in paragraph (2) receives
only a fraction of 1 percent of the Foundation's research
dollars each year;''; and
(4) by adding at the end the following:
``(4) first established at the National Science Foundation
in 1979, the Experimental Program to Stimulate Competitive
Research (referred to in this section as `EPSCoR') assists
States and jurisdictions historically underserved by Federal
research and development funding in strengthening their research
and innovation capabilities;
``(5) the EPSCoR structure requires each participating State
to develop a science and technology plan suited to State and
local research, education, and economic interests and
objectives;
``(6) EPSCoR has been credited with advancing the research
competitiveness of participating States, improving awareness of
science, promoting policies that link scientific investment and
economic growth, and encouraging partnerships between
government, industry, and academia;
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``(7) EPSCoR proposals are evaluated through a rigorous and
competitive merit-review process to ensure that awarded research
and development efforts meet high scientific standards; and
``(8) according to the National Academy of Sciences, EPSCoR
has strengthened the national research infrastructure and
enhanced the educational opportunities needed to develop the
science and engineering workforce.''.
(b) Sense of Congress.--
(1) In general.--It is the sense of Congress that--
(A) since maintaining the Nation's scientific and
economic leadership requires the participation of
talented individuals nationwide, EPSCoR investments into
State research and education capacities are in the
Federal interest and should be sustained; and
(B) EPSCoR should maintain its experimental
component by supporting innovative methods for improving
research capacity and competitiveness.
(2) Definition of epscor.--In this subsection, the term
``EPSCoR'' has the meaning given the term in section 502 of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p
note).
(c) Award Structure Updates.--Section 517 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-9) is amended by adding at
the end the following:
``(g) Award Structure Updates.--In implementing the mandate to
maximize the impact of Federal EPSCoR support on building competitive
research infrastructure, and based on the inputs and recommendations of
previous EPSCoR reviews, the head of each Federal agency administering
an EPSCoR program shall--
``(1) consider modifications to EPSCoR proposal
solicitation, award type, and project evaluation--
``(A) to more closely align with current agency
priorities and initiatives;
``(B) to focus EPSCoR funding on achieving critical
scientific, infrastructure, and educational needs of
that agency;
``(C) to encourage collaboration between EPSCoR-
eligible institutions and researchers, including with
institutions and researchers in other States and
jurisdictions;
``(D) to improve communication between State and
Federal agency proposal reviewers; and
``(E) to continue to reduce administrative burdens
associated with EPSCoR;
``(2) consider modifications to EPSCoR award structures--
``(A) to emphasize long-term investments in building
research capacity, potentially through the use of
larger, renewable funding opportunities; and
``(B) to allow the agency, States, and jurisdictions
to experiment with new research and development funding
models; and
``(3) consider modifications to the mechanisms used to
monitor and evaluate EPSCoR awards--
``(A) to increase collaboration between EPSCoR-
funded researchers and agency staff, including by
providing opportunities for mentoring young researchers
and for the use of Federal facilities;
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``(B) to identify and disseminate best practices;
and
``(C) to harmonize metrics across participating
Federal agencies, as appropriate.''.
(d) Reports.--
(1) Congressional reports.--Section 517 of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9), as
amended, is further amended--
(A) by striking subsection (c);
(B) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(C) in subsection (c), as redesignated--
(i) in paragraph (1), by striking
``Experimental Programs to Stimulate Competitive
Research'' and inserting ``EPSCoR''; and
(ii) in paragraph (2)--
(I) in subparagraphs (A) and (E), by
striking ``EPSCoR and Federal EPSCoR-
like programs'' and inserting ``each
EPSCoR'';
(II) in subparagraph (D), by
striking ``EPSCoR and other Federal
EPSCoR-like programs'' and inserting
``each EPSCoR'';
(III) in subparagraph (E), by
striking ``EPSCoR or Federal EPSCoR-like
programs'' and inserting ``each
EPSCoR''; and
(IV) in subparagraph (G), by
striking ``EPSCoR programs'' and
inserting ``each EPSCoR''; and
(D) by amending subsection (d), as redesignated, to
read as follows:
``(d) Federal Agency Reports.--Each Federal agency that administers
an EPSCoR shall submit to Congress, as part of its Federal budget
submission--
``(1) a description of the program strategy and objectives;
``(2) a description of the awards made in the previous
fiscal year, including--
``(A) the total amount made available, by State,
under EPSCoR;
``(B) the total amount of agency funding made
available to all institutions and entities within each
EPSCoR State;
``(C) the efforts and accomplishments to more fully
integrate the EPSCoR States in major agency activities
and initiatives;
``(D) the percentage of EPSCoR reviewers from EPSCoR
States; and
``(E) the number of programs or large collaborator
awards involving a partnership of organizations and
institutions from EPSCoR and non-EPSCoR States; and
``(3) an analysis of the gains in academic research quality
and competitiveness, and in science and technology human
resource development, achieved by the program over the last 5
fiscal years.''; and
(E) in subsection (e)(1), as redesignated, by
striking ``Experimental Program to Stimulate Competitive
Research or a program similar to the Experimental
Program to Stimulate Competitive Research'' and
inserting ``EPSCoR''.
(2) <<NOTE: Deadline.>> Results of award structure plan.--
Not later than 1 year after the date of enactment of this Act,
the EPSCoR Interagency Coordinating Committee shall brief the
appropriate
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committees of Congress on the updates made to the award
structure under 517(f) of the America COMPETES Reauthorization
Act of 2010 (42 U.S.C. 1862p-9(f)), as amended by this
subsection.
(e) Definition of EPSCoR.--
(1) In general.--Section 502 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p note) is amended by
amending paragraph (2) to read as follows:
``(2) EPSCoR.--The term `EPSCoR' means--
``(A) the Established Program to Stimulate
Competitive Research established by the Foundation; or
``(B) a program similar to the Established Program
to Stimulate Competitive Research at another Federal
agency.''.
(2) Technical and conforming amendments.--Section 113 of the
National Science Foundation Authorization Act of 1988 (42 U.S.C.
1862g) is amended--
(A) in the heading, by striking ``experimental'' and
inserting ``established'';
(B) in subsection (a), by striking ``an Experimental
Program to Stimulate Competitive Research'' and
inserting ``a program to stimulate competitive research
(known as the `Established Program to Stimulate
Competitive Research')''; and
(C) in subsection (b), by striking ``the program''
and inserting ``the Program''.
SEC. 104. CYBERSECURITY RESEARCH.
(a) Foundation Cybersecurity Research.--Section 4(a)(1) of the Cyber
Security Research and Development Act, as amended (15 U.S.C. 7403(a)(1))
is amended--
(1) in subparagraph (O), by striking ``and'' at the end;
(2) in subparagraph (P), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(Q) security of election-dedicated voting system
software and hardware; and
``(R) role of the human factor in cybersecurity and
the interplay of computers and humans and the physical
world.''.
(b) <<NOTE: 15 USC 272 note.>> NIST Cybersecurity Priorities.--
(1) Critical infrastructure awareness.--The Director of NIST
shall continue to raise public awareness of the voluntary,
industry-led cybersecurity standards and best practices for
critical infrastructure developed under section 2(c)(15) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(c)(15)).
(2) Quantum computing.--Under section 2(b) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(b)) and
section 20 of that Act (15 U.S.C. 278g-3), the Director of NIST
shall--
(A) research information systems for future
cybersecurity needs; and
(B) coordinate with relevant stakeholders to develop
a process--
(i) to research and identify or, if necessary,
develop cryptography standards and guidelines for
future
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cybersecurity needs, including quantum-resistant
cryptography standards; and
(ii) to provide recommendations to Congress,
Federal agencies, and industry consistent with the
National Technology Transfer and Advancement Act
of 1995 (Public Law 104-113; 110 Stat. 775), for a
secure and smooth transition to the standards
under clause (i).
(3) Federal information systems research and development.--
Section 20(d)(3) of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(d)(3)) is amended to read as
follows:
``(3) <<NOTE: Analysis.>> conduct research and analysis--
``(A) to determine the nature and extent of
information security vulnerabilities and techniques for
providing cost-effective information security;
``(B) <<NOTE: Review.>> to review and determine
prevalent information security challenges and
deficiencies identified by agencies or the Institute,
including any challenges or deficiencies described in
any of the annual reports under section 3553 or 3554 of
title 44, United States Code, and in any of the reports
and the independent evaluations under section 3555 of
that title, that may undermine the effectiveness of
agency information security programs and practices; and
``(C) <<NOTE: Evaluation.>> to evaluate the
effectiveness and sufficiency of, and challenges to,
Federal agencies' implementation of standards and
guidelines developed under this section and policies and
standards promulgated under section 11331 of title 40,
United States Code;''.
(4) Voting.--Section 2(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(c)) is amended--
(A) by redesignating paragraphs (16) through (23) as
paragraphs (17) through (24), respectively; and
(B) by inserting after paragraph (15) the following:
``(16) perform research to support the development of
voluntary, consensus-based, industry-led standards and
recommendations on the security of computers, computer networks,
and computer data storage used in election systems to ensure
voters can vote securely and privately.''.
SEC. 105. <<NOTE: Networking and Information Technology Research
and Development Modernization Act of
2016. 15 USC 5501 note.>> NETWORKING AND
INFORMATION TECHNOLOGY RESEARCH AND
DEVELOPMENT UPDATE.
(a) Short Title.--This section may be cited as the ``Networking and
Information Technology Research and Development Modernization Act of
2016''.
(b) Findings.--Section 2 of the High-Performance Computing Act of
1991 (15 U.S.C. 5501) is amended--
(1) in paragraphs (2) and (5), by striking ``high-
performance computing'' and inserting ``networking and
information technology, including high-performance computing,'';
and
(2) in paragraph (3), by striking ``high-performance
computing'' and inserting ``networking and information
technology, including high-performance computing'';
(c) Purposes.--Section 3 of the High-Performance Computing Act of
1991 (15 U.S.C. 5502) is amended--
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(1) in the matter preceding paragraph (1), by striking
``high-performance computing'' and inserting ``networking and
information technology'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``expanding Federal support for research,
development, and application of high-performance
computing'' and inserting ``supporting Federal research,
development, and application of networking and
information technology'';
(B) in subparagraph (A), by striking ``high-
performance computing'' both places it appears and
inserting ``networking and information technology'';
(C) by striking subparagraphs (C) and (D);
(D) by inserting after subparagraph (B) the
following:
``(C) stimulate research on and promote more rapid
development of high-end computing systems software and
applications software;'';
(E) by redesignating subparagraphs (E) through (H)
as subparagraphs (D) through (G), respectively;
(F) in subparagraph (D), as redesignated, by
inserting ``high-end'' after ``the development of'';
(G) in subparagraphs (E) and (F), as redesignated,
by striking ``high-performance computing'' each place it
appears and inserting ``networking and information
technology''; and
(H) in subparagraph (G), as redesignated, by
striking ``high-performance'' and inserting ``high-
end''; and
(3) in paragraph (2)--
(A) by striking ``high-performance computing and''
and inserting ``networking and information technology
and''; and
(B) by striking ``high-performance computing
network'' and inserting ``networking and information
technology''.
(d) Definitions.--Section 4 of the High-Performance Computing Act of
1991 (15 U.S.C. 5503) is amended--
(1) by striking paragraphs (3) and (5);
(2) by redesignating paragraphs (1), (2), (4), (6), and (7)
as paragraphs (2), (3), (5), (8), and (9), respectively;
(3) by inserting before paragraph (2), as redesignated, the
following:
``(1) `cyber-physical systems' means physical or engineered
systems whose networking and information technology functions
and physical elements are deeply integrated and are actively
connected to the physical world through sensors, actuators, or
other means to enable safe and effective, real-time performance
in safety-critical and other applications;'';
(4) in paragraph (3), as redesignated, by striking ``high-
performance computing'' and inserting ``networking and
information technology'';
(5) by inserting after paragraph (3), as redesignated, the
following:
``(4) `high-end computing' means the most advanced and
capable computing systems, including their hardware, storage,
networking and software, encompassing both massive computational
capability and large-scale data analytics to solve computational
problems of national importance that are beyond
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the capability of small- to medium-scale systems, including
computing formerly known as high-performance computing;'';
(6) by inserting after paragraph (5), as redesignated, the
following:
``(6) `networking and information technology' means high-end
computing, communications, and information technologies, high-
capacity and high-speed networks, special purpose and
experimental systems, high-end computing systems software and
applications software, and the management of large data sets;
``(7) `participating agency' means an agency described in
section 101(a)(3)(C);''; and
(7) in paragraph (8), as redesignated, by striking
``National High-Performance Computing Program'' and inserting
``Networking and Information Technology Research and Development
Program''.
(e) Title I Heading.--The heading of title I of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by striking
``HIGH-PERFORMANCE COMPUTING'' and inserting ``NETWORKING AND
INFORMATION TECHNOLOGY''.
(f) Networking and Information Technology Research and Development
Program.--Section 101 of the High-Performance Computing Act of 1991 (15
U.S.C. 5511) is amended--
(1) in the section heading, by striking ``national high-
performance computing program'' and inserting ``networking and
information technology research and development program'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``National High-Performance Computing Program'' and
inserting ``Networking and Information Technology
Research and Development'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``National High-Performance Computing
Program'' and inserting ``Networking and
Information Technology Research and Development
Program'';
(ii) in subparagraph (A), by striking ``high-
performance computing, including networking'' and
inserting ``networking and information
technology'';
(iii) in subparagraphs (B) and (G), by
striking ``high-performance'' each place it
appears and inserting ``high-end'';
(iv) in subparagraph (C), by striking ``high-
performance computing and networking'' and
inserting ``high-end computing, distributed, and
networking'';
(v) by amending subparagraph (D) to read as
follows:
``(D) provide for efforts to increase software
security and reliability;'';
(vi) in subparagraph (H)--
(I) by inserting ``support and
guidance'' after ``provide''; and
(II) by striking ``and'' after the
semicolon;
(vii) in subparagraph (I)--
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(I) by striking ``improving the
security'' and inserting ``improving the
security, reliability, and resilience'';
and
(II) by striking the period at the
end and inserting a semicolon; and
(viii) by adding at the end the following:
``(J) provide for increased understanding of the
scientific principles of cyber-physical systems and
improve the methods available for the design,
development, and operation of cyber-physical systems
that are characterized by high reliability, safety, and
security;
``(K) provide for research and development on human-
computer interactions, visualization, and big data;
``(L) provide for research and development on the
enhancement of cybersecurity, including the human facets
of cyber threats and secure cyber systems;
``(M) provide for the understanding of the science,
engineering, policy, and privacy protection related to
networking and information technology;
``(N) provide for the transition of high-end
computing hardware, system software, development tools,
and applications into development and operations; and
``(O) foster public-private collaboration among
government, industry research laboratories, academia,
and nonprofit organizations to maximize research and
development efforts and the benefits of networking and
information technology, including high-end computing.'';
(C) in paragraph (2)--
(i) by amending subparagraph (A) to read as
follows:
``(A) establish the goals and priorities for Federal
networking and information technology research,
development, education, and other activities;'';
(ii) by amending subparagraph (C) to read as
follows:
``(C) provide for interagency coordination of
Federal networking and information technology research,
development, education, and other activities undertaken
pursuant to the Program--
``(i) among the participating agencies; and
``(ii) to the extent practicable, with other
Federal agencies not described in paragraph
(3)(C), other Federal and private research
laboratories, industry, research entities,
institutions of higher education, relevant
nonprofit organizations, and international
partners of the United States;'';
(iii) by amending subparagraph (E) to read as
follows:
``(E) encourage and monitor the efforts of the
agencies participating in the Program to allocate the
level of resources and management attention necessary to
ensure that the strategic plans under subsection (e) are
developed and executed effectively and that the
objectives of the Program are met; and''; and
(iv) in subparagraph (F), by striking ``high-
performance'' and inserting ``high-end''; and
(D) in paragraph (3)--
[[Page 130 STAT. 2980]]
(i) by redesignating subparagraphs (B), (C),
(D), and (E) as subparagraphs (C), (D), (E), and
(G), respectively;
(ii) by inserting after subparagraph (A) the
following:
``(B) provide a detailed description of the nature
and scope of research infrastructure designated as such
under the Program;'';
(iii) in subparagraph (C), as redesignated--
(I) by amending clause (i) to read
as follows:
``(i) the Department of Justice;'';
(II) by redesignating clauses (vii)
through (xi) as clauses (viii) through
(xii), respectively;
(III) by inserting after clause (vi)
the following:
``(vii) the Department of Homeland
Security;''; and
(IV) by amending clause (viii), as
redesignated, to read as follows:
``(viii) the National Archives and Records
Administration;'';
(iv) in subparagraph (D), as redesignated--
(I) by striking ``is submitted,''
and inserting ``is submitted, the levels
for the previous fiscal year,''; and
(II) by striking ``each Program
Component Area;'' and inserting ``each
Program Component Area and research area
supported in accordance with section
102;'';
(v) by amending subparagraph (E), as
redesignated, to read as follows:
``(E) describe the levels of Federal funding for
each participating agency, and for each Program
Component Area, for the fiscal year during which such
report is submitted, the levels for the previous fiscal
year, and the levels proposed for the fiscal year with
respect to which the budget submission applies;''; and
(vi) by inserting after subparagraph (E), as
redesignated, the following:
``(F) include a description of how the objectives
for each Program Component Area, and the objectives for
activities that involve multiple Program Component
Areas, relate to the objectives of the Program
identified in the strategic plans required under
subsection (e); and'';
(3) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by striking ``high-performance computing''
both places it appears and inserting ``networking
and information technology''; and
(ii) after the first sentence, by inserting
the following: ``Each chair of the advisory
committee shall meet the qualifications of
committee membership and may be a member of the
President's Council of Advisors on Science and
Technology.'';
(B) in paragraph (1)(D), by striking ``high-
performance computing, networking technology, and
related software'' and inserting ``networking and
information technology''; and
[[Page 130 STAT. 2981]]
(C) in paragraph (2)--
(i) in the second sentence, by striking ``2''
and inserting ``3'';
(ii) by striking ``Committee on Science and
Technology'' and inserting ``Committee on Science,
Space, and Technology''; and
(iii) by striking ``The first report shall be
due within 1 year after the date of enactment of
the America COMPETES Act.'';
(4) in subsection (c)(1)(A), by striking ``high-performance
computing'' and inserting ``networking and information
technology''; and
(5) by adding at the end the following:
``(d) Periodic Reviews.--The heads of the participating agencies,
working through the National Science and Technology Council and the
Program, shall--
``(1) <<NOTE: Assessment.>> periodically assess and update,
as appropriate, the structure of the Program, including the
Program Component Areas and associated contents, scope, and
funding levels, taking into consideration any relevant
recommendations of the advisory committee established under
subsection (b); and
``(2) ensure that such agency's implementation of the
Program includes foundational, large-scale, long-term, and
interdisciplinary information technology research and
development activities, including activities described in
section 102.
``(e) Strategic Plans.--
``(1) In general.--The heads of the participating agencies,
working through the National Science and Technology Council and
the Program, shall develop and implement strategic plans to
guide--
``(A) emerging activities of Federal networking and
information technology research and development; and
``(B) the activities described in subsection (a)(1).
``(2) Updates.--The heads of the participating agencies
shall update the strategic plans as appropriate.
``(3) Contents.--Each strategic plan shall--
``(A) specify near-term and long-term objectives for
the portions of the Program relevant to the strategic
plan, the anticipated schedule for achieving the near-
term and long-term objectives, and the metrics to be
used for assessing progress toward the near-term and
long-term objectives;
``(B) specify how the near-term and long-term
objectives complement research and development areas in
which academia and the private sector are actively
engaged;
``(C) describe how the heads of the participating
agencies will support mechanisms for foundational,
large-scale, long-term, and interdisciplinary
information technology research and development and for
Grand Challenges, including through collaborations--
``(i) across Federal agencies;
``(ii) across Program Component Areas; and
``(iii) with industry, Federal and private
research laboratories, research entities,
institutions of higher education, relevant
nonprofit organizations, and international
partners of the United States;
[[Page 130 STAT. 2982]]
``(D) describe how the heads of the participating
agencies will foster the rapid transfer of research and
development results into new technologies and
applications in the national interest, including through
cooperation and collaborations with networking and
information technology research, development, and
technology transition initiatives supported by the
States; and
``(E) describe how the portions of the Program
relevant to the strategic plan will address long-term
challenges for which solutions require foundational,
large-scale, long-term, and interdisciplinary
information technology research and development.
``(4) <<NOTE: Coordinate.>> Private sector efforts.--In
developing, implementing, and updating strategic plans, the
heads of the participating agencies, working through the
National Science and Technology Council and the Program, shall
coordinate with industry, academia, and other interested
stakeholders to ensure, to the extent practicable, that the
Federal networking and information technology research and
development activities carried out under this section do not
duplicate the efforts of the private sector.
``(5) <<NOTE: Strategic plans.>> Recommendations.--In
developing and updating strategic plans, the heads of the
participating agencies shall solicit recommendations and advice
from--
``(A) the advisory committee under subsection (b);
``(B) the Committee on Science and relevant
subcommittees of the National Science and Technology
Council; and
``(C) a wide range of stakeholders, including
industry, academia, National Laboratories, and other
relevant organizations and institutions.
``(f) Reports.--The heads of the participating agencies, working
through the National Science and Technology Council and the Program,
shall submit to the advisory committee, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on Science,
Space, and Technology of the House of Representatives--
``(1) the strategic plans developed under subsection (e)(1);
and
``(2) each update under subsection (e)(2).''.
(g) <<NOTE: Repealed.>> National Research and Education Network.--
Section 102 of the High-Performance Computing Act of 1991 (15 U.S.C.
5512) is repealed.
(h) <<NOTE: Repealed.>> Next Generation Internet.--Section 103 of
the High-Performance Computing Act of 1991 (15 U.S.C. 5513) is repealed.
(i) Grand Challenges in Areas of National Importance.--Title I of
the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is
amended by adding at the end the following:
``SEC. 102. <<NOTE: 15 USC 5512.>> GRAND CHALLENGES IN AREAS OF
NATIONAL IMPORTANCE.
``(a) In General.--The Program shall encourage the participating
agencies to support foundational, large-scale, long-term,
interdisciplinary, and interagency information technology research and
development activities in networking and information technology directed
toward agency mission areas that have the potential for significant
contributions to national economic competitiveness and for other
significant societal benefits. Such activities, ranging
[[Page 130 STAT. 2983]]
from basic research to the demonstration of technical solutions, shall
be designed to advance the development of fundamental
discoveries. <<NOTE: Recommenda- tions.>> The advisory committee
established under section 101(b) shall make recommendations to the
Program for candidate research and development areas for support under
this section.
``(b) Characteristics.--
``(1) In general.--Research and development activities under
this section shall--
``(A) include projects selected on the basis of
applications for support through a competitive, merit-
based process;
``(B) to the extent practicable, involve
collaborations among researchers in institutions of
higher education and industry, and may involve nonprofit
research institutions and Federal laboratories, as
appropriate;
``(C) to the extent practicable, leverage Federal
investments through collaboration with related State and
private sector initiatives; and
``(D) <<NOTE: Plan.>> include a plan for fostering
the transfer of research discoveries and the results of
technology demonstration activities, including from
institutions of higher education and Federal
laboratories, to industry for commercial development.
``(2) Cost-sharing.--In selecting applications for support,
the agencies may give special consideration to projects that
include cost sharing from non-Federal sources.''.
(j) National Science Foundation Activities.--Section 201 of the
High-Performance Computing Act of 1991 (15 U.S.C. 5521) is amended--
(1) in subsection (a)--
(A) by striking ``(a) General Responsibilities.--'';
(B) in paragraph (1)--
(i) by inserting ``high-end'' after ``National
Science Foundation shall provide''; and
(ii) by striking ``high-performance
computing'' and all that follows through
``networking;'' and inserting ``networking and
information technology; and'';
(C) by striking paragraphs (2) through (4); and
(D) by inserting after paragraph (1) the following:
``(2) the National Science Foundation shall use its existing
programs, in collaboration with other agencies, as appropriate,
to improve the teaching and learning of networking and
information technology at all levels of education and to
increase participation in networking and information technology
fields, including by individuals identified in sections 33 and
34 of the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a and 1885b).''; and
(2) by striking subsection (b).
(k) National Aeronautics and Space Administration Activities.--
Section 202 of the High-Performance Computing Act of 1991 (15 U.S.C.
5522) is amended--
(1) by striking ``(a) General Responsibilities.--'';
(2) by striking ``high-performance computing'' and inserting
``networking and information technology''; and
(3) by striking subsection (b).
[[Page 130 STAT. 2984]]
(l) Department of Energy Activities.--Section 203 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5523) is amended--
(1) by striking ``(a) General Responsibilities.--'';
(2) in paragraph (1), by striking ``high-performance
computing and networking'' and inserting ``networking and
information technology'';
(3) in paragraph (2)(A), by striking ``high-performance''
and inserting ``high-end''; and
(4) by striking subsection (b).
(m) Department of Commerce Activities.--Section 204 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5524) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``high-
performance computing systems and networks'' and
inserting ``networking and information technology
systems and capabilities'';
(B) in subparagraph (B), by striking
``interoperability of high-performance computing systems
in networks and for common user interfaces to systems''
and inserting ``interoperability and usability of
networking and information technology systems''; and
(C) in subparagraph (C), by striking ``high-
performance computing'' and inserting ``networking and
information technology'';
(2) in subsection (b)--
(A) in the heading, by striking ``High-Performance
Computing and Network'' and inserting ``Networking and
Information Technology'';
(B) by striking ``Pursuant to the Computer Security
Act of 1987 (Public Law 100-235; 101 Stat. 1724), the''
and inserting ``The''; and
(C) by striking ``sensitive information in Federal
computer systems'' and inserting ``Federal agency
information and information systems''; and
(3) by striking subsections (c) and (d).
(n) Environmental Protection Agency Activities.--Section 205 of the
High-Performance Computing Act of 1991 (15 U.S.C. 5525) is repealed.
(o) Role of the Department of Education.--Section 206 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5526) is repealed.
(p) Miscellaneous Provisions.--Section 207 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5527) is amended--
(1) in subsection (a)(2), by striking ``paragraphs (1)
through (5) of section 2315(a) of title 10'' and inserting
``section 3552(b)(6)(A)(i) of title 44''; and
(2) in subsection (b), by striking ``high-performance
computing'' and inserting ``networking and information
technology''.
(q) Repeal.--Section 208 of the High-Performance Computing Act of
1991 (15 U.S.C. 5528) is repealed.
(r) National Science Foundation Research.--Section 4(b)(5)(K) of the
Cyber Security Research and Development Act (15 U.S.C. 7403(b)(5)(K)) is
amended by striking ``high-performance computing'' and inserting
``networking and information technology''.
[[Page 130 STAT. 2985]]
(s) National Information Technology Research and Development
Program.--Section 13202(b) of the America Recovery and Reinvestment Act
of 2009 (42 U.S.C. 17912(b)) is amended by striking ``National High-
Performance Computing Program'' and inserting ``Networking and
Information Technology Research and Development Program''.
(t) Federal Cybersecurity Research and Development.--Section
201(a)(4) of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7431(a)(4)) is amended--
(1) by striking ``clauses (i) through (x)'' and inserting
``clauses (i) through (xi)''; and
(2) by striking ``under clause (xi)'' and inserting ``under
clause (xii)''.
(u) Additional Repeal.--Section 4 of the Department of Energy High-
End Computing Revitalization Act of 2004 (15 U.S.C. 5543) is repealed.
SEC. 106. <<NOTE: 42 USC 6601 note.>> PHYSICAL SCIENCES
COORDINATION.
(a) High-energy Physics.--
(1) <<NOTE: Coordination.>> In general.--The Physical
Science Subcommittee of the National Science and Technology
Council (referred to in this section as ``Subcommittee'') shall
continue to coordinate Federal efforts related to high-energy
physics research to maximize the efficiency and effectiveness of
United States investment in high-energy physics.
(2) Purposes.--The purposes of the Subcommittee include--
(A) to advise and assist the Committee on Science
and the National Science and Technology Council on
United States policies, procedures, and plans in the
physical sciences, including high-energy physics; and
(B) to identify emerging opportunities, stimulate
international cooperation, and foster the development of
the physical sciences in the United States, including--
(i) in high-energy physics research, including
related underground science and engineering
research;
(ii) in physical infrastructure and
facilities;
(iii) in information and analysis; and
(iv) in coordination activities.
(3) Responsibilities.--In regard to coordinating Federal
efforts related to high-energy physics research, the
Subcommittee shall, taking into account the findings and
recommendations of relevant advisory committees--
(A) <<NOTE: Recommenda- tions.>> provide
recommendations on planning for construction and
stewardship of large facilities participating in high-
energy physics;
(B) <<NOTE: Recommenda- tions.>> provide
recommendations on research coordination and
collaboration among the programs and activities of
Federal agencies related to underground science,
neutrino research, dark energy, and dark matter
research;
(C) establish goals and priorities for high-energy
physics, related underground science, and research and
development that will strengthen United States
competitiveness in high-energy physics;
[[Page 130 STAT. 2986]]
(D) propose methods for engagement with
international, Federal, and State agencies and Federal
laboratories not represented on the National Science and
Technology Council to identify and reduce regulatory,
logistical, and fiscal barriers that inhibit United
States leadership in high-energy physics and related
underground science; and
(E) <<NOTE: Strategic plan.>> develop, and update
as necessary, a strategic plan to guide Federal programs
and activities in support of high-energy physics
research, including--
(i) the efforts taken in support of paragraph
(2) since the last strategic plan;
(ii) an evaluation of the current research
needs for maintaining United States leadership in
high-energy physics; and
(iii) an identification of future priorities
in the area of high-energy physics.
(b) Radiation Biology.--
(1) <<NOTE: Coordination.>> In general.--The Subcommittee
shall continue to coordinate Federal efforts related to
radiation biology research to maximize the efficiency and
effectiveness of United States investment in radiation biology.
(2) Responsibilities for radiation biology.--In regard to
coordinating Federal efforts related to radiation biology
research, the Subcommittee shall--
(A) advise and assist the National Science and
Technology Council on policies and initiatives in
radiation biology, including enhancing scientific
knowledge of the effects of low dose radiation on
biological systems to improve radiation risk management
methods;
(B) identify opportunities to stimulate
international cooperation and leverage research and
knowledge from sources outside of the United States;
(C) <<NOTE: Coordination.>> ensure coordination
between the Department of Energy Office of Science,
Foundation, National Aeronautics and Space
Administration, National Institutes of Health,
Environmental Protection Agency, Department of Defense,
Nuclear Regulatory Commission, and Department of
Homeland Security;
(D) identify ongoing scientific challenges for
understanding the long-term effects of ionizing
radiation on biological systems; and
(E) formulate overall scientific goals for the
future of low-dose radiation research in the United
States.
(c) Fusion Energy Sciences.--
(1) <<NOTE: Coordination.>> In general.--The Subcommittee
shall continue to coordinate Federal efforts related to fusion
energy research to maximize the efficiency and effectiveness of
United States investment in fusion energy sciences.
(2) Responsibilities for fusion energy sciences.--In regard
to coordinating Federal efforts related to fusion energy
sciences, the Subcommittee shall--
(A) advise and assist the National Science and
Technology Council on policies and initiatives in fusion
energy sciences, including enhancing scientific
knowledge of fusion energy science, plasma physics, and
related materials sciences;
[[Page 130 STAT. 2987]]
(B) identify opportunities to stimulate
international cooperation and leverage research and
knowledge from sources outside of the United States,
including the ITER project;
(C) <<NOTE: Coordination.>> ensure coordination
between the Department of Energy Office of Science,
National Nuclear Security Administration, Advanced
Research Projects Agency-Energy, National Aeronautics
and Space Administration, Foundation, and Department of
Defense regarding fusion energy sciences and plasma
physics; and
(D) formulate overall scientific goals for the
future of fusion energy sciences and plasma physics.
SEC. 107. <<NOTE: 15 USC 272.>> LABORATORY PROGRAM IMPROVEMENTS.
(a) <<NOTE: Strategic plan.>> In General.--The Director of NIST,
acting through the Associate Director for Laboratory Programs, shall
develop and implement a comprehensive strategic plan for laboratory
programs that expands--
(1) interactions with academia, international researchers,
and industry; and
(2) commercial and industrial applications.
(b) Optimizing Commercial and Industrial Applications.--In
accordance with the purpose under section 1(b)(3) of the National
Institute of Standards and Technology Act (15 U.S.C. 271(b)(3)), the
comprehensive strategic plan shall--
(1) include performance metrics for the dissemination of
fundamental research results, measurements, and standards
research results to industry, including manufacturing, and other
interested parties;
(2) document any positive benefits of research on the
competitiveness of the interested parties described in paragraph
(1);
(3) clarify the current approach to the technology transfer
activities of NIST; and
(4) consider recommendations from the National Academy of
Sciences.
SEC. 108. STANDARD REFERENCE DATA ACT UPDATE.
Section 2 of the Standard Reference Data Act (15 U.S.C. 290a) is
amended to read as follows:
``SEC. 2. DEFINITIONS.
``For the purposes of this Act:
``(1) Standard reference data.--The term `standard reference
data' means data that is--
``(A) either--
``(i) quantitative information related to a
measurable physical, or chemical, or biological
property of a substance or system of substances of
known composition and structure;
``(ii) measurable characteristics of a
physical artifact or artifacts;
``(iii) engineering properties or performance
characteristics of a system; or
``(iv) 1 or more digital data objects that
serve--
``(I) to calibrate or characterize
the performance of a detection or
measurement system; or
[[Page 130 STAT. 2988]]
``(II) to interpolate or
extrapolate, or both, data described in
subparagraph (A) through (C); and
``(B) that is critically evaluated as to its
reliability under section 3 of this Act.
``(2) <<NOTE: Definition.>> Secretary.--The term
`Secretary' means the Secretary of Commerce.''.
SEC. 109. NSF MID-SCALE PROJECT INVESTMENTS.
(a) Findings.--Congress makes the following findings:
(1) The Foundation funds major research facilities,
infrastructure, and instrumentation that provide unique
capabilities at the frontiers of science and engineering.
(2) Modern and effective research facilities,
infrastructure, and instrumentation are critical to maintaining
United States leadership in science and engineering.
(3) The costs of some proposed research instrumentation,
equipment, and upgrades to major research facilities fall
between programs currently funded by the Foundation, creating a
gap between the established parameters of the Major Research
Instrumentation and Major Research Equipment and Facilities
Construction programs, including projects that have been
identified as cost-effective additions of high priority to the
advancement of scientific understanding.
(4) The 2010 Astronomy and Astrophysics Decadal Survey
recommended a mid-scale innovations program.
(b) Mid-scale Projects.--
(1) <<NOTE: Evaluation.>> In general.--The Foundation shall
evaluate the existing and future needs, across all disciplines
supported by the Foundation, for mid-scale projects.
(2) Strategy.--The Director of the Foundation shall develop
a strategy to address the needs identified in paragraph (1).
(3) <<NOTE: Deadline.>> Briefing.--Not later than 180 days
after the date of enactment of this Act, the Director of the
Foundation shall provide a briefing to the appropriate
committees of Congress on the evaluation under paragraph (1) and
the strategy under paragraph (2).
(4) Definition of mid-scale projects.--In this subsection,
the term ``mid-scale projects'' means research instrumentation,
equipment, and upgrades to major research facilities or other
research infrastructure investments that exceed the maximum
award funded by the major research instrumentation program and
are below the minimum award funded by the major research
equipment and facilities construction program as described in
section 507 of the AMERICA Competes Reauthorization Act of 2010
(Public Law 111-358; 124 Stat. 4008).
SEC. 110. <<NOTE: 42 USC 1862s-2.>> OVERSIGHT OF NSF MAJOR MULTI-
USER RESEARCH FACILITY PROJECTS.
(a) Facilities Oversight.--
(1) In general.--The Director of the Foundation shall
strengthen oversight and accountability over the full life-cycle
of each major multi-user research facility project, including
planning, development, procurement, construction, operations,
and support, and shut-down of the facility, in order to maximize
research investment.
(2) Requirements.--In carrying out paragraph (1), the
Director shall--
[[Page 130 STAT. 2989]]
(A) prioritize the scientific outcomes of a major
multi-user research facility project and the internal
management and financial oversight of the major multi-
user research facility project;
(B) clarify the roles and responsibilities of all
organizations, including offices, panels, committees,
and directorates, involved in supporting a major multi-
user research facility project, including the role of
the Major Research Equipment and Facilities Construction
Panel;
(C) <<NOTE: Procedures.>> establish policies and
procedures for the planning, management, and oversight
of a major multi-user research facility project at each
phase of the life-cycle of the major multi-user research
facility project;
(D) ensure that policies for estimating and managing
costs and schedules are consistent with the best
practices described in the Government Accountability
Office Cost Estimating and Assessment Guide, the
Government Accountability Office Schedule Assessment
Guide, and the Office of Management and Budget Uniform
Guidance (2 C.F.R. Part 200);
(E) establish the appropriate project management and
financial management expertise required for Foundation
staff to oversee each major multi-user research facility
project effectively, including by improving project
management training and certification;
(F) <<NOTE: Coordination.>> coordinate the sharing
of the best management practices and lessons learned
from each major multi-user research facility project;
(G) continue to maintain a Large Facilities Office
to support the research directorates in the development,
implementation, and oversight of each major multi-user
research facility project, including by--
(i) serving as the Foundation's primary
resource for all policy or process issues related
to the development, implementation, and oversight
of a major multi-user research facility project;
(ii) 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;
(iii) <<NOTE: Coordination.>> coordinating
and collaborating with research directorates to
share best management practices and lessons
learned from prior major multi-user research
facility projects; and
(iv) <<NOTE: Assessment.>> assessing each
major multi-user research facility project for
cost and schedule risk; and
(H) <<NOTE: Appointment.>> appoint a senior agency
official whose responsibility is oversight of the
development, construction, and operations of major
multi-user research facilities across the Foundation.
(b) Facilities Full Life-cycle Costs.--
(1) <<NOTE: Analysis.>> In general.--Subject to subsection
(c)(1), the Director of the Foundation shall require that any
pre-award analysis of a major multi-user research facility
project includes the development and consideration of the full
life-cycle cost (as defined in section 2 of the National Science
Foundation
[[Page 130 STAT. 2990]]
Authorization Act of 1998 (42 U.S.C. 1862k note)) in accordance
with section 14 of the National Science Foundation Authorization
Act of 2002 (42 U.S.C. 1862n-4).
(2) Implementation.--Based on the pre-award analysis
described in paragraph (1), the Director of the Foundation shall
include projected operational costs within the Foundation's out-
years as part of the President's annual budget submission to
Congress under section 1105 of title 31, United States Code.
(c) Cost Oversight.--
(1) Pre-award analysis.--
(A) In general.--The Director of the Foundation and
the National Science Board may not approve or execute
any agreement to start construction on any proposed
major multi-user research facility project unless--
(i) an external analysis of the proposed
budget has been conducted to ensure the proposal
is complete and reasonable;
(ii) the analysis under clause (i) follows the
Government Accountability Office Cost Estimating
and Assessment Guide;
(iii) except as provided under subparagraph
(C), an analysis of the accounting systems has
been conducted;
(iv) an independent cost estimate of the
construction of the project has been conducted
using the same detailed technical information as
the project proposal estimate to determine whether
the estimate is well-supported and realistic; and
(v) the Foundation and the National Science
Board have considered the analyses under clauses
(i) and (iii) and the independent cost estimate
under clause (iv) <<NOTE: Estimate.>> and resolved
any major issues identified therein.
(B) Audits.--An external analysis under subparagraph
(A)(i) may include an audit.
(C) <<NOTE: Waiver authority.>> Exception.--The
Director of the Foundation, at the Director's
discretion, may waive the requirement under subparagraph
(A)(iii) if a similar analysis of the accounting systems
was conducted in the prior years.
(2) Construction oversight.--The Director of the Foundation
shall require for each major multi-user research facility
project--
(A) periodic external reviews on project management
and performance;
(B) adequate internal controls, policies, and
procedures, and reliable accounting systems in
preparation for the incurred cost audits under
subparagraph (D);
(C) annual incurred cost submissions of financial
expenditures; and
(D) an incurred cost audit of the major multi-user
research facility project in accordance with Government
Accountability Office Government Auditing Standards--
(i) <<NOTE: Time period.>> at least once
during construction at a time determined based on
risk analysis and length of the award, except that
the length of time between audits may not exceed 3
years; and
(ii) at the completion of the construction
phase.
[[Page 130 STAT. 2991]]
(3) Operations cost analysis.--The Director of the
Foundation shall require an independent cost analysis of the
operational proposal for each major multi-user research facility
project.
(d) Contingency.--
(1) In general.--The Director of the Foundation shall
strengthen internal controls to improve oversight of contingency
on a major multi-user research facility project.
(2) Requirements.--In carrying out paragraph (1), the
Director of the Foundation shall--
(A) only include contingency amounts in an award in
accordance with section 200.433 of title 2, Code of
Federal Regulations (relating to contingency
provisions), or any successor regulation;
(B) retain control over funds budgeted for
contingency, except that the Director may disburse
budgeted contingency funds incrementally to the awardee
to ensure project stability and continuity;
(C) track contingency use; and
(D) ensure that contingency amounts allocated to the
performance baseline are reasonable and allowable.
(e) Use of Fees.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the use of taxpayer-funded award fees should be
transparent and explicable; and
(B) the Foundation should implement an award fee
policy that ensures more transparency and accountability
in the funding of necessary and appropriate expenses
directly related to the construction and operation of
major multi-user research facilities.
(2) <<NOTE: Guidelines.>> Reporting and recordkeeping.--The
Director of the Foundation shall establish guidelines for
awardees regarding inappropriate expenditures associated with
all fee types used in cooperative agreements, including for
alcoholic beverages, lobbying, meals or entertainment for non-
business purposes, non-business travel, and any other purpose
the Director determines is inappropriate.
(f) Oversight Implementation Progress.--The Director of the
Foundation shall--
(1) <<NOTE: Deadlines. Briefings.>> not later than 90 days
after the date of enactment of this Act, and periodically
thereafter until the completion date, provide a briefing to the
appropriate committees of Congress on the response to or
progress made toward implementation of--
(A) this section;
(B) <<NOTE: Time period.>> all of the issues and
recommendations identified in cooperative agreement
audit reports and memoranda issued by the Inspector
General of the Foundation in the last 5 years; and
(C) all of the issues and recommendations identified
by a panel of the National Academy of Public
Administration in the December 2015 report entitled
``National Science Foundation: Use of Cooperative
Agreements to Support Large Scale Investment in
Research''; and
(2) <<NOTE: Deadline. Notification.>> not later than 1 year
after the date of enactment of this Act, notify the appropriate
committees of Congress when
[[Page 130 STAT. 2992]]
the Foundation has implemented the recommendations identified in
a panel of the National Academy of Public Administration report
issued December 2015.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Science,
Space, and Technology and the Committee on Appropriations of the
House of Representatives.
(2) Major multi-user research facility project.--The term ``
`major multi-user research facility project' '' means a science
and engineering facility project that--
(A) exceeds the lesser of--
(i) 10 percent of a Directorate's annual
budget; or
(ii) $100,000,000 in total project costs; or
(B) is funded by the major research equipment and
facilities construction account, or any successor
account.
SEC. 111. <<NOTE: 42 USC 1862s-3.>> PERSONNEL OVERSIGHT.
(a) <<NOTE: Procedures.>> Conflicts of Interest.--The Director of
the Foundation shall update the policy and procedure of the Foundation
relating to conflicts of interest to improve documentation and
management of any known conflict of interest of an individual on
temporary assignment at the Foundation, including an individual on
assignment under the Intergovernmental Personnel Act of 1970 (42 U.S.C.
4701 et seq.).
(b) <<NOTE: Deadline.>> Justifications.--The Deputy Director of the
Foundation shall submit annually to the appropriate committees of
Congress written justification for each rotator employed under the
Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.), or
other rotator employed, by the Foundation that year that is paid at a
rate that exceeds the maximum rate of pay for the Senior Executive
Service, including, if applicable, the level of adjustment for the
certified Senior Executive Service Performance Appraisal System.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Director of the Foundation shall submit to the appropriate
committees of Congress a report on the Foundation's efforts to control
costs associated with employing rotators, including the results of and
participation in the Foundation's cost-sharing pilot program and the
Foundation's progress in responding to the findings and implementing the
recommendations of the Office of Inspector General of the Foundation
related to the employment of rotators.
SEC. 112. <<NOTE: 42 USC 1862 note.>> MANAGEMENT OF THE U.S.
ANTARCTIC PROGRAM.
(a) Review.--
(1) In general.--The Director of the Foundation shall
continue to review the efforts by the Foundation to sustain and
strengthen scientific efforts in the face of logistical
challenges for the United States Antarctic Program.
(2) <<NOTE: Review.>> Issues to be examined.--In conducting
the review, the Director shall examine, at a minimum, the
following:
(A) Implementation by the Foundation of issues and
recommendations identified by--
[[Page 130 STAT. 2993]]
(i) the Inspector General of the National
Science Foundation in audit reports and memoranda
on the United States Antarctic Program in the last
4 years;
(ii) the U.S. Antarctic Program Blue Ribbon
Panel report, More and Better Science in
Antarctica through Increased Logistical
Effectiveness, issued July 23, 2012; and
(iii) the National Research Council report,
Future Science Opportunities in Antarctica and the
Southern Ocean, issued September 2011.
(B) Efforts by the Foundation to track its progress
in addressing the issues and recommendations under
subparagraph (A).
(C) Efforts by the Foundation to address other
opportunities and challenges, including efforts on
scientific research, coordination with other Federal
agencies and international partners, logistics and
transportation, health and safety of participants,
oversight and financial management of awardees and
contractors, and resources and policy challenges.
(b) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of enactment of this Act, the Director shall brief the
appropriate committees of Congress on the ongoing review, including
findings and any recommendations.
SEC. 113. <<NOTE: 15 USC 278e note.>> NIST CAMPUS SECURITY.
(a) Supervisory Authority.--The Department of Commerce Office of
Security shall directly manage the law enforcement and site security
programs of NIST through an assigned Director of Security for NIST
without increasing the number of full-time equivalent employees of the
Department of Commerce, including NIST.
(b) Reports.--The Director of Security for NIST shall provide an
activities and security report on a quarterly basis for the first year
after the date of enactment of this Act, and on an annual basis
thereafter, to the Under Secretary for Standards and Technology and the
appropriate committees of Congress.
SEC. 114. <<NOTE: 42 USC 1862p-3 note.>> COORDINATION OF
SUSTAINABLE CHEMISTRY RESEARCH AND
DEVELOPMENT.
(a) Importance of Sustainable Chemistry.--It is the sense of
Congress that--
(1) the science of chemistry is vital to improving the
quality of human life and plays an important role in addressing
critical global challenges, including water quality, energy,
health care, and agriculture;
(2) sustainable chemistry can reduce risks to human health
and the environment, reduce waste, improve pollution prevention,
promote safe and efficient manufacturing, and promote efficient
use of resources in developing new materials, processes, and
technologies that support viable long-term solutions to a
significant number of challenges;
(3) sustainable chemistry can stimulate innovation,
encourage new and creative approaches to problems, create jobs,
and save money; and
(4) a coordinated effort on sustainable chemistry will allow
for a greater return on research investment in this area.
[[Page 130 STAT. 2994]]
(b) Sustainable Chemistry Basic Research.--Subject to the
availability of appropriated funds, the Director of the Foundation may
continue to carry out the Sustainable Chemistry Basic Research program
authorized under section 509 of the National Science Foundation
Authorization Act of 2010 (42 U.S.C. 1862p-3).
SEC. 115. <<NOTE: 42 USC 1870 note.>> MISREPRESENTATION OF
RESEARCH RESULTS.
(a) Prohibition.--The Director of the Foundation may revise the
regulations under part 689 of title 45, Code of Federal Regulations
(relating to research misconduct) to ensure that the findings and
conclusions of any article authored by a principal investigator, using
the results of research conducted under a Foundation grant, that is
published in a peer-reviewed publication, made publicly available, or
incorporated in an application for a research grant or grant extension
from the Foundation, does not contain any falsification, fabrication, or
plagiarism.
(b) <<NOTE: Notification.>> Interagency Communication.--Upon a
finding that research misconduct has occurred, the Foundation shall, in
addition to any possible final action under section 689.3 of title 45,
Code of Federal Regulations, notify other Federal science agencies of
the finding.
SEC. 116. RESEARCH REPRODUCIBILITY AND REPLICATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the gold standard of good science is the ability of a
researcher or research laboratory to reproduce a published
research finding, including methods;
(2) there is growing concern that some published research
findings cannot be reproduced or replicated, which can
negatively affect the public's trust in science;
(3) there are a complex set of factors affecting
reproducibility and replication; and
(4) the increasing interdisciplinary nature and complexity
of scientific research may be a contributing factor to issues
with research reproducibility and replication.
(b) Report.--
(1) <<NOTE: Contracts.>> In general.--Not later than 45
days after the date of enactment of this Act, the Director of
the Foundation shall enter into an agreement with the National
Research Council--
(A) <<NOTE: Assessment.>> to assess research and
data reproducibility and replicability issues in
interdisciplinary research;
(B) <<NOTE: Recommenda- tions.>> to make
recommendations for improving rigor and transparency in
scientific research; and
(C) to submit to the Director of the Foundation a
report on the assessment, including its findings and
recommendations, not later than 1 year after the date of
enactment of this Act.
(2) Submission to congress.--Not later than 60 days after
the date the Director of the Foundation receives the report
under paragraph (1)(C), the Director shall submit the report to
the appropriate committees of Congress, including a response
from the Director of the Foundation and the Chair of the
National Science Board as to whether they agree with each of the
findings and recommendations in the report.
[[Page 130 STAT. 2995]]
SEC. 117. <<NOTE: 42 USC 1862s-4.>> BRAIN RESEARCH THROUGH
ADVANCING INNOVATIVE NEUROTECHNOLOGIES
INITIATIVE.
(a) In General.--The Foundation shall support research activities
related to the interagency Brain Research through Advancing Innovative
Neurotechnologies Initiative.
(b) Sense of Congress.--It is the sense of Congress that the
Foundation should work in conjunction with the Interagency Working Group
on Neuroscience established by the National Science and Technology
Council, Committee on Science to determine how to use the data
infrastructure of the Foundation and other applicable Federal science
agencies to help neuroscientists collect, standardize, manage, and
analyze the large amounts of data that result from research attempting
to understand how the brain functions.
TITLE II--ADMINISTRATIVE AND REGULATORY BURDEN REDUCTION
SEC. 201. <<NOTE: Research and Development Efficiency Act. 42 USC
6604.>> INTERAGENCY WORKING GROUP ON
RESEARCH REGULATION.
(a) Short Title.--This section may be cited as the ``Research and
Development Efficiency Act''.
(b) Findings.--Congress makes the following findings:
(1) Scientific and technological advancement have been the
largest drivers of economic growth in the last 50 years, with
the Federal Government being the largest investor in basic
research.
(2) Substantial and increasing administrative burdens and
costs in Federal research administration, particularly in the
higher education sector where most federally funded research is
performed, are eroding funds available to carry out basic
scientific research.
(3) Federally funded grants are increasingly competitive,
with the Foundation funding only approximately 1 in every 5
grant proposals.
(4) Progress has been made over the last decade in
streamlining the pre-award grant application process through the
Federal Government's Grants.gov website.
(5) Post-award administrative costs have increased as
Federal research agencies have continued to impose agency-unique
compliance and reporting requirements on researchers and
research institutions.
(6) Researchers spend as much as 42 percent of their time
complying with Federal regulations, including administrative
tasks such as applying for grants or meeting reporting
requirements.
(c) Sense of Congress.--It is the sense of Congress that--
(1) administrative burdens faced by researchers may be
reducing the return on investment of federally funded research
and development; and
(2) it is a matter of critical importance to United States
competitiveness that administrative costs of federally funded
research be streamlined so that a higher proportion of federal
funding is applied to direct research activities.
[[Page 130 STAT. 2996]]
(d) <<NOTE: Coordination.>> Establishment.--The Director of the
Office of Management and Budget, in coordination with the Office of
Science and Technology Policy, shall establish an interagency working
group (referred to in this section as the ``Working Group'') for the
purpose of reducing administrative burdens on federally funded
researchers while protecting the public interest through the
transparency of and accountability for federally funded activities.
(e) Responsibilities.--
(1) In general.--The Working Group shall--
(A) regularly review relevant, administration-
related regulations imposed on federally funded
researchers;
(B) recommend those regulations or processes that
may be eliminated, streamlined, or otherwise improved
for the purpose described in subsection (d);
(C) recommend ways to minimize the regulatory burden
on United States institutions of higher education
performing federally funded research while maintaining
accountability for federal funding; and
(D) recommend ways to identify and update specific
regulations to refocus on performance-based goals rather
than on process while achieving the outcome described in
subparagraph (C).
(2) Grant review.--
(A) In general.--The Working Group shall--
(i) conduct a comprehensive review of Federal
science agency grant proposal documents; and
(ii) develop, to the extent practicable, a
simplified, uniform grant format to be used by all
Federal science agencies.
(B) Considerations.--In developing the uniform grant
format, the Working Group shall consider whether to
implement--
(i) procedures for preliminary project
proposals in advance of peer-review selection;
(ii) increased use of ``Just-In-Time''
procedures for documentation that does not bear
directly on the scientific merit of a proposal;
(iii) simplified initial budget proposals in
advance of peer review selection; and
(iv) detailed budget proposals for applicants
that peer review selection identifies as likely to
be funded.
(3) Centralized researcher profile database.--
(A) Establishment.--The Working Group shall
establish, to the extent practicable, a secure,
centralized database for investigator biosketches,
curriculum vitae, licenses, lists of publications, and
other documents considered relevant by the Working
Group.
(B) Considerations.--In establishing the centralized
profile database under subparagraph (A), the Working
Group shall consider incorporating existing investigator
databases.
(C) Grant proposals.--To the extent practicable, all
grant proposals shall utilize the centralized
investigator profile database established under
subparagraph (A).
(D) Requirements.--Each investigator shall--
(i) be responsible for ensuring the
investigator's profile is current and accurate;
and
[[Page 130 STAT. 2997]]
(ii) be assigned a unique identifier linked to
the database and accessible to all Federal funding
agencies.
(4) Centralized assurances repository.--The Working Group
shall--
(A) establish a central repository for all of the
assurances required for Federal research grants; and
(B) <<NOTE: Guidance.>> provide guidance to
institutions of higher education and Federal science
agencies on the use of the centralized assurances
repository.
(5) Comprehensive review.--
(A) In general.--The Working Group shall--
(i) conduct a comprehensive review of the
mandated progress reports for federally funded
research; and
(ii) develop a strategy to simplify
investigator progress reports.
(B) Considerations.--In developing the strategy, the
Working Group shall consider limiting progress reports
to performance outcomes.
(f) Consultation.--In carrying out its responsibilities under
subsection (e)(1), the Working Group shall consult with academic
researchers outside the Federal Government, including--
(1) federally funded researchers;
(2) non-federally funded researchers;
(3) institutions of higher education and their
representative associations;
(4) scientific and engineering disciplinary societies and
associations;
(5) nonprofit research institutions;
(6) industry, including small businesses;
(7) federally funded research and development centers; and
(8) members of the public with a stake in ensuring
effectiveness, efficiency, and accountability in the performance
of scientific research.
(g) Reports.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter for 3 years, the Working Group shall
submit to the appropriate committees of Congress a report on its
responsibilities under this section, including a discussion of the
considerations described in paragraphs (2)(B), (3)(B), and (5)(B) of
subsection (e) and recommendations made under subsection (e)(1).
SEC. 202. SCIENTIFIC AND TECHNICAL COLLABORATION.
(a) Definition of Scientific and Technical Workshop.--In this
section, the term ``scientific and technical workshop'' means a
symposium, seminar, or any other organized, formal gathering where
scientists or engineers working in STEM research and development fields
assemble to coordinate, exchange and disseminate information or to
explore or clarify a defined subject, problem or area of knowledge in
the STEM fields.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should encourage broad dissemination
of Federal research findings and engagement of Federal
researchers with the scientific and technical community; and
(2) laboratory, test center, and field center directors and
other similar heads of offices should approve scientific and
technical workshop attendance if--
[[Page 130 STAT. 2998]]
(A) that attendance would meet the mission of the
laboratory or test center; and
(B) sufficient laboratory or test center funds are
available for that purpose.
(c) <<NOTE: Deadline. Action plan.>> Attendance Policies.--Not
later than 180 days after the date of enactment of this Act, the heads
of the Federal science agencies shall each develop an action plan for
the implementation of revisions and updates to their policies on
attendance at scientific and technical workshops.
(d) NIST Workshops.--Section 2(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(c)), as amended by section
104 of this Act, is further amended--
(1) by redesignating paragraphs (19) through (24) as
paragraphs (22) through (27), respectively; and
(2) by inserting after paragraph (18) the following:
``(19) host, participate in, and support scientific and
technical workshops (as defined in section 202 of the American
Innovation and Competitiveness Act);
``(20) collect and retain any fees charged by the Secretary
for hosting a scientific and technical workshop described in
paragraph (19);
``(21) notwithstanding title 31 of the United States Code,
use the fees described in paragraph (20) to pay for any related
expenses, including subsistence expenses for participants;''.
SEC. 203. NIST GRANTS AND COOPERATIVE AGREEMENTS UPDATE.
Section 8(a) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3706(a)) is amended by striking ``The total amount of
any such grant or cooperative agreement may not exceed 75 percent of the
total cost of the program.''.
SEC. 204. REPEAL OF CERTAIN OBSOLETE REPORTS.
(a) Repeal of Certain Obsolete Reports.--
(1) NIST reports.--
(A) Report on donation of educationally useful
federal equipment to schools.--Section 6(b) of the
Technology Administration Act of 1998 (15 U.S.C. 272
note) is amended--
(i) in paragraph (1), by striking ``(1) In
general.--'' and indenting appropriately; and
(ii) by striking paragraph (2).
(B) Three-year programmatic planning document.--
(i) In general.--Section 23 of the National
Institute of Standards and Technology Act (15
U.S.C. 278i) is amended by striking subsections
(c) and (d).
(ii) Conforming amendment.--Section 10(h)(1)
of the National Institute of Standards and
Technology Act (15 U.S.C. 278(h)(1)) is amended by
striking the last sentence.
(2) Multiagency report on innovation acceleration
research.--Section 1008 of the America COMPETES Act (42 U.S.C.
6603) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
(3) NSF reports.--
(A) Funding for successful stem education programs;
report to congress.--Section 7012 of the America
[[Page 130 STAT. 2999]]
COMPETES Act (42 U.S.C. 1862o-4) is amended by striking
subsection (c).
(B) Encouraging participation; evaluation and
report.--Section 7031 of the America COMPETES Act (42
U.S.C. 1862o-11) is amended by striking subsection (b).
(C) Math and science partnerships program
coordination report.--Section 9(c) of the National
Science Foundation Authorization Act of 2002 (42 U.S.C.
1862n(c)) is amended--
(i) by striking paragraph (4); and
(ii) by redesignating paragraph (5) as
paragraph (4).
(b) National Nanotechnology Initiative Reports.--The 21st Century
Nanotechnology Research and Development Act (15 U.S.C. 7501 et seq.) is
amended--
(1) by amending section 2(c)(4) (15 U.S.C. 7501(c)(4)) to
read as follows:
``(4) <<NOTE: Strategic plan.>> develop, not later than 5
years after the date of the release of the most-recent strategic
plan, and update every 5 years thereafter, a strategic plan to
guide the activities described under subsection (b) that
describes--
``(A) the near-term and long-term objectives for the
Program;
``(B) the anticipated schedule for achieving the
near-term objectives; and
``(C) the metrics that will be used to assess
progress toward the near-term and long-term objectives;
``(D) how the Program will move results out of the
laboratory and into application for the benefit of
society;
``(E) the Program's support for long-term funding
for interdisciplinary research and development in
nanotechnology; and
``(F) the allocation of funding for interagency
nanotechnology projects;'';
(2) by amending section 4(d) (15 U.S.C. 7503(d)) to read as
follows:
``(d) <<NOTE: Assessments. Recommenda- tions.>> Reports.--Not later
than 4 years after the date of the most recent assessment under
subsection (c), and quadrennially thereafter, the Advisory Panel shall
submit to the President, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science, Space, and
Technology of the House of Representatives a report its assessments
under subsection (c) and its recommendations for ways to improve the
Program.''; and
(3) in section 5 (15 U.S.C. 7504)--
(A) in the heading, by striking ``triennial'' and
inserting ``quadrennial'';
(B) in subsection (a), in the matter preceding
paragraph (1), by striking ``triennial'' and inserting
``quadrennial'';
(C) in subsection (b), by striking ``triennial'' and
inserting ``quadrennial'';
(D) in subsection (c), by striking ``triennial'' and
inserting ``quadrennial''; and
(E) by amending subsection (d) to read as follows:
``(d) Report.--
[[Page 130 STAT. 3000]]
``(1) <<NOTE: Assessments. Recommenda- tions.>> In
general.--Not later than 30 days after the date the first
evaluation under subsection (a) is received, and quadrennially
thereafter, the Director of the National Nanotechnology
Coordination Office shall report to the President its
assessments under subsection (c) and its recommendations for
ways to improve the Program.
``(2) <<NOTE: Records.>> Congress.--Not later than 30 days
after the date the President receives the report under paragraph
(1), the Director of the Office of Science and Technology Policy
shall transmit a copy of the report to Congress.''.
(c) Major Research Equipment and Facilities Construction.--Section
14 of the National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-4) is amended--
(1) by amending subsection (a) to read as follows:
``(a) <<NOTE: Lists.>> Prioritization of Proposed Major Research
Equipment and Facilities Construction.--
``(1) Development of priorities.--The Director shall--
``(A) develop a list indicating by number the
relative priority for funding under the major research
equipment and facilities construction account that the
Director assigns to each project the Board has approved
for inclusion in a future budget request; and
``(B) submit the list described in subparagraph (A)
to the Board for approval.
``(2) Criteria.--The Director shall include in the criteria
for developing the list under paragraph (1) the readiness of
plans for construction and operation, including confidence in
the estimates of the full life-cycle cost (as defined in section
2 of the National Science Foundation Authorization Act of 1998
(42 U.S.C. 1862k note)) and the proposed schedule of completion.
``(3) Updates.--The Director shall update the list prepared
under paragraph (1) each time the Board approves a new project
that would receive funding under the major research equipment
and facilities construction account and periodically submit any
updated list to the Board for approval.'';
(2) by striking subsection (e);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(4) by amending subsection (c), as redesignated, to read as
follows:
``(c) Board Approval of Major Research Equipment and Facilities
Projects.--The Board shall explicitly approve any project to be funded
out of the major research equipment and facilities construction account
before any funds may be obligated from such account for such project.''.
SEC. 205. REPEAL OF CERTAIN PROVISIONS.
(a) Technology Innovation Program.--
(1) In general.--Section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n) is repealed.
(2) Conforming amendments.--
(A) Additional award criteria.--Section 4226(b) of
the Small Business Jobs Act of 2010 (15 U.S.C. 278n
note) is repealed.
(B) Management costs.--Section 2(d) of the National
Institute of Standards and Technology Act (15 U.S.C.
[[Page 130 STAT. 3001]]
272(d)) is amended by striking ``sections 25, 26, and
28'' and inserting ``sections 25 and 26''.
(C) Annual and other reports to secretary and
congress.--Section 10(h)(1) of the National Institute of
Standards and Technology Act (15 U.S.C. 278(h)(1)) is
amended by striking ``, including the Program
established under section 28,''.
(b) Teachers for a Competitive Tomorrow.--Sections 6111 through 6116
of the America COMPETES Act (20 U.S.C. 9811, 9812, 9813, 9814, 9815,
9816) and the items relating to those sections in the table of contents
under section 2 of that Act (Public Law 110-69; 121 Stat. 572) are
repealed.
SEC. 206. GRANT SUBRECIPIENT TRANSPARENCY AND OVERSIGHT.
(a) <<NOTE: Deadline. Audit.>> In General.--Not later than 1 year
after the date of enactment of this Act, the Inspector General of the
Foundation shall prepare and submit to the appropriate committees of
Congress an audit of the Foundation's policies and procedures governing
the monitoring of pass-through entities with respect to subrecipients.
(b) Contents.--The audit shall include the following:
(1) Information regarding the Foundation's process to
oversee--
(A) the compliance of pass-through entities under
section 200.331 and subpart F of part 200 of chapter II
of subtitle A of title 2, Code of Federal Regulations,
and the other requirements of that title for
subrecipients;
(B) whether pass-through entities have processes and
controls in place regarding financial compliance of
subrecipients, where appropriate; and
(C) whether pass-through entities have processes and
controls in place to maintain approved grant objectives
for subrecipients, where appropriate.
(2) <<NOTE: Recommenda- tions.>> Recommendations, if
necessary, to increase transparency and oversight while
balancing administrative burdens.
SEC. 207. <<NOTE: 41 USC 1902 note.>> MICRO-PURCHASE THRESHOLD
FOR PROCUREMENT SOLICITATIONS BY RESEARCH
INSTITUTIONS.
(a) Micro-purchase Threshold.--The micro-purchase threshold for
procurement activities administered under sections 6303 through 6305 of
title 31, United States Code, awarded by the Foundation, the National
Aeronautics and Space Administration, or the National Institute of
Standards and Technology to institutions of higher education, or related
or affiliated nonprofit entities, or to nonprofit research organizations
or independent research institutes is--
(1) $10,000 (as adjusted periodically to account for
inflation); or
(2) such higher threshold as determined appropriate by the
head of the relevant executive agency and consistent with audit
findings under chapter 75 of title 31, United States Code,
internal institutional risk assessment, or State law.
(b) Uniform Guidance.--The Uniform Guidance shall be revised to
conform with the requirements of this section. For purposes of the
preceding sentence, the term ``Uniform Guidance'' means the uniform
administrative requirements, cost principles, and audit requirements for
Federal awards contained in part 200 of title 2 of the Code of Federal
Regulations.
[[Page 130 STAT. 3002]]
SEC. 208. <<NOTE: International Science and Technology Cooperation
Act of 2016. 42 USC 6625. Coordination.>>
COORDINATION OF INTERNATIONAL SCIENCE AND
TECHNOLOGY PARTNERSHIPS.
(a) Short Title.--This section may be cited as the ``International
Science and Technology Cooperation Act of 2016''.
(b) Establishment.--The Director of the Office of Science and
Technology Policy shall establish a body under the National Science and
Technology Council with the responsibility to identify and coordinate
international science and technology cooperation that can strengthen the
United States science and technology enterprise, improve economic and
national security, and support United States foreign policy goals.
(c) NSTC Body Leadership.--The body established under subsection (b)
shall be co-chaired by senior level officials from the Office of Science
and Technology Policy and the Department of State.
(d) Responsibilities.--The body established under subsection (b)
shall--
(1) plan and coordinate interagency international science
and technology cooperative research and training activities and
partnerships supported or managed by Federal agencies;
(2) work with other National Science and Technology Council
committees to help plan and coordinate the international
component of national science and technology priorities;
(3) establish Federal priorities and policies for aligning,
as appropriate, international science and technology cooperative
research and training activities and partnerships supported or
managed by Federal agencies with the foreign policy goals of the
United States;
(4) identify opportunities for new international science and
technology cooperative research and training partnerships that
advance both the science and technology and the foreign policy
priorities of the United States;
(5) in carrying out paragraph (4), solicit input and
recommendations from non-Federal science and technology
stakeholders, including institutions of higher education,
scientific and professional societies, industry, and other
relevant organizations and institutions; and
(6) identify broad issues that influence the ability of
United States scientists and engineers to collaborate with
foreign counterparts, including barriers to collaboration and
access to scientific information.
(e) Report to Congress.--The Director of the Office of Science and
Technology Policy shall submit to the Committee on Commerce, Science,
and Transportation and the Committee on Foreign Relations of the Senate
and the Committee on Science, Space, and Technology and the Committee on
Foreign Affairs of the House of Representatives a biennial report on the
requirements of this section.
(f) <<NOTE: Public information.>> Website.--The Director shall make
each report available to the public on the Office of Science and
Technology Policy website.
(g) Termination.--The body established under subsection (b) shall
terminate on the date that is 10 years after the date of enactment of
this Act.
(h) Additional Reports to Congress.--The Director of the Office of
Science and Technology Policy shall submit, not later than 60 days after
the date of enactment of this Act and annually
[[Page 130 STAT. 3003]]
thereafter, to the Committee on Commerce, Science, and Transportation
and the Committee on Foreign Relations of the Senate and the Committee
on Science, Space, and Technology and the Committee on Foreign Affairs
of the House of Representatives a report that lists and describes the
details of all foreign travel by Office of Science and Technology Policy
staff and detailees.
TITLE III--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH EDUCATION
SEC. 301. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM UPDATE.
Section 10A of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-1a) is amended by adding at the end the following:
``(k) STEM Teacher Service and Retention.--
``(1) In general.--The Director shall develop and implement
practices for increasing the proportion of individuals receiving
fellowships under this section who--
``(A) fulfill the service obligation required under
subsection (h); and
``(B) remain in the teaching profession in a high
need local educational agency beyond the service
obligation.
``(2) Practices.--The practices described under paragraph
(1) may include--
``(A) partnering with nonprofit or professional
associations or with other government entities to
provide individuals receiving fellowships under this
section with opportunities for professional development,
including mentorship programs that pair those
individuals with currently employed and recently retired
science, technology, engineering, mathematics, or
computer science professionals;
``(B) increasing recruitment from high need
districts;
``(C) establishing a system to better collect,
track, and respond to data on the career decisions of
individuals receiving fellowships under this section;
``(D) conducting research to better understand
factors relevant to teacher service and retention,
including factors specifically impacting the retention
of teachers who are individuals identified in sections
33 and 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a, 1885b); and
``(E) conducting pilot programs to improve teacher
service and retention.''.
SEC. 302. SPACE GRANTS.
(a) Sense of Congress.--It is the sense of Congress that the
National Space Grant College and Fellowship Program has been an
important program by which the Federal Government has partnered with
universities, colleges, industry, and other organizations to provide
hands-on STEM experiences, fostering of multidisciplinary space
research, and supporting graduate fellowships in space-related fields,
among other purposes.
(b) Administrative Costs.--Section 40303 of title 51, United States
Code, is amended by adding at the end the following:
[[Page 130 STAT. 3004]]
``(d) Program Administration Costs.--In carrying out the provisions
of this chapter, the Administrator--
``(1) shall maximize appropriated funds for grants and
contracts made under section 40304 in each fiscal year; and
``(2) in each fiscal year, the Administrator shall limit its
program administration costs to no more than 5 percent of funds
appropriated for this program for that fiscal year.
``(e) Reports.--For any fiscal year in which the Administrator
cannot meet the administration cost target under subsection (d)(2), if
the Administration is unable to limit program costs under subsection
(b), the Administrator shall submit to the appropriate committees of
Congress a report, including--
``(1) a description of why the Administrator did not meet
the cost target under subsection (d); and
``(2) the measures the Administrator will take in the next
fiscal year to meet the cost target under subsection (d) without
drawing upon other Federal funding.''.
SEC. 303. <<NOTE: 42 USC 6621 note. Deadline.>> STEM EDUCATION
ADVISORY PANEL.
(a) Establishment.--Not later than 180 days after the date of
enactment this Act, the Director of the Foundation, Secretary of
Education, Administrator of the National Aeronautics and Space
Administration, and Administrator of the National Oceanic and
Atmospheric Administration shall jointly establish an advisory panel
(referred to in this section as the ``STEM Education Advisory Panel'')
to advise the Committee on STEM Education of the National Science and
Technology Council (referred to in this section as ``CoSTEM'') on
matters relating to STEM education.
(b) Members.--
(1) In general.--The STEM Education Advisory Panel shall be
composed of not less than 11 members.
(2) Appointment.--
(A) In general.--Subject to subparagraph (B), the
Director of the Foundation, in consultation with the
Secretary of Education and the heads of the Federal
science agencies, shall appoint the members of the STEM
Education Advisory Panel.
(B) Consideration.--In selecting individuals to
appoint under subparagraph (A), the Director of the
Foundation shall seek and give consideration to
recommendations from Congress, industry, the scientific
community, including the National Academy of Sciences,
scientific professional societies, academia, State and
local governments, organizations representing
individuals identified in section 33 or section 34 of
the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a, 1885b), and such other organizations as
the Director considers appropriate.
(C) Qualifications.--Members shall--
(i) primarily be individuals from academic
institutions, nonprofit organizations, and
industry, including in-school, out-of-school, and
informal education practitioners; and
(ii) be individuals who are qualified to
provide advice and information on STEM education
research, development, training, implementation,
interventions,
[[Page 130 STAT. 3005]]
professional development, or workforce needs or
concerns.
(c) Responsibilities.--
(1) In general.--The STEM Education Advisory Panel shall--
(A) advise CoSTEM;
(B) periodically assess CoSTEM's progress in
carrying out its responsibilities under section 101(b)
of the America COMPETES Reauthorization Act of 2010 (42
U.S.C. 6621(b)); and
(C) help identify any need or opportunity to update
the strategic plan under section 101(b) of that Act.
(2) Considerations.--In its advisory role, the STEM
Education Advisory Panel shall consider--
(A) the management, coordination, and implementation
of STEM education programs and activities across the
Federal Government;
(B) the appropriateness of criteria used by Federal
agencies to evaluate the effectiveness of Federal STEM
education programs and activities;
(C) whether societal and workforce concerns are
adequately addressed by current Federal STEM education
programs and activities;
(D) how Federal agencies can incentivize
institutions of higher education to improve retention of
STEM students;
(E) ways to leverage private and nonprofit STEM
investments and encourage public-private partnerships to
strengthen STEM education and help build the STEM
workforce pipeline;
(F) ways to incorporate workforce needs into Federal
STEM education programs and activities, particularly for
specific employment fields of national interest and
employment fields experiencing high unemployment rates;
(G) ways to better vertically and horizontally
integrate Federal STEM education programs and activities
from pre-kindergarten 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 education and workforce pipelines;
(H) the extent to which Federal STEM education
programs and activities are contributing to recruitment
and retention of individuals identified in sections 33
and 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a, 1885b) in the STEM
education and workforce pipelines; and
(I) ways to encourage geographic diversity in the
STEM education and the workforce pipelines.
(3) Recommendations.--The STEM Education Advisory Panel
shall make recommendations to improve Federal STEM education
programs and activities based on each assessment under paragraph
(1)(B).
(d) Funding.--The Director of the Foundation, the Secretary of
Education, the Administrator of the National Aeronautics and Space
Administration, and the Administrator of the National Oceanic and
Atmospheric Administration shall jointly make funds available on an
annual basis to support the activities of the STEM Education Advisory
Panel.
[[Page 130 STAT. 3006]]
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, and after each assessment under subsection (c)(1)(B), the STEM
Education Advisory Panel shall submit to the appropriate committees of
Congress and CoSTEM a report on its assessment under that subsection and
its recommendations under subsection (c)(3).
(f) Travel Expenses of Non-Federal Members.--
(1) In general.--Non-Federal members of the STEM Education
Advisory Panel, while attending meetings of the panel or while
otherwise serving at the request of a co-chairperson 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.
(2) Rule of construction.--Nothing in this subsection shall
be construed to prohibit members of the STEM 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.
(g) Termination.--The STEM Education Advisory Panel established
under subsection (a) shall terminate on the date that is 5 years after
the date that it is established.
SEC. 304. COMMITTEE ON STEM EDUCATION.
(a) Responsibilities.--Section 101(b) of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 6621(b)) is amended--
(1) in paragraph (5)(D), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) collaborate with the STEM Education Advisory Panel
established under section 303 of the American Innovation and
Competitiveness Act and other outside stakeholders to ensure the
engagement of the STEM education community;
``(8) review the measures used by a Federal agency to
evaluate its STEM education activities and programs;
``(9) request and review feedback from States on how the
States are utilizing Federal STEM education programs and
activities; and
``(10) recommend the reform, termination, or consolidation
of Federal STEM education activities and programs, taking into
consideration the recommendations of the STEM Education Advisory
Panel.''.
(b) Reports.--Section 101 of the America COMPETES Reauthorization
Act of 2010 (42 U.S.C. 6621) is amended--
(1) by striking ``(c) Report.--'' and inserting ``(d)
Reports.--'';
(2) by striking ``(b) Responsibilities of OSTP.--'' and
inserting ``(c) Responsibilities of OSTP.--''; and
(3) in subsection (d), as redesignated--
(A) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
[[Page 130 STAT. 3007]]
``(6) a description of all consolidations and terminations
of Federal STEM education programs and activities implemented in
the previous fiscal year, including an explanation for the
consolidations and terminations;
``(7) recommendations for reforms, consolidations, and
terminations of STEM education programs or activities in the
upcoming fiscal year; and
``(8) a description of any significant new STEM education
public-private partnerships.''.
SEC. 305. <<NOTE: 42 USC 1862s-5.>> PROGRAMS TO EXPAND STEM
OPPORTUNITIES.
(a) Findings.--Congress makes the following findings:
(1) Economic projections by the Bureau of Labor Statistics
indicate that by 2018, there could be 2,400,000 unfilled STEM
jobs.
(2) Women represent slightly more than half the United
States population, and projections indicate that 54 percent of
the population will be a member of a racial or ethnic minority
group by 2050.
(3) Despite representing half the population, women comprise
only about 30 percent of STEM workers according to a 2015 report
by the National Center for Science and Engineering Statistics.
(4) A 2014 National Center for Education Statistics study
found that underrepresented populations leave the STEM fields at
higher rates than their counterparts.
(5) The representation of women in STEM drops significantly
at the faculty level. Overall, women hold only 25 percent of all
tenured and tenure-track positions and 17 percent of full
professor positions in STEM fields in our Nation's universities
and 4-year colleges.
(6) Black and Hispanic faculty together hold about 6.5
percent of all tenured and tenure-track positions and 5 percent
of full professor positions.
(7) Many of the numbers in the American Indian or Alaskan
Native and Native Hawaiian or Other Pacific Islander categories
for different faculty ranks were too small for the Foundation to
report publicly without potentially compromising confidential
information about the individuals being surveyed.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is critical to our Nation's economic leadership and
global competitiveness that the United States educate, train,
and retain more scientists, engineers, and computer scientists;
(2) there is currently a disconnect between the availability
of and growing demand for STEM-skilled workers;
(3) historically, underrepresented populations are the
largest untapped STEM talent pools in the United States; and
(4) given the shifting demographic landscape, the United
States should encourage full participation of individuals from
underrepresented populations in STEM fields.
(c) Reaffirmation.--The Director of the Foundation shall continue to
support programs designed to broaden participation of underrepresented
populations in STEM fields.
(d) Grants To Broaden Participation.--
(1) In general.--The Director of the Foundation shall award
grants on a competitive, merit-reviewed basis, to eligible
[[Page 130 STAT. 3008]]
entities to increase the participation of underrepresented
populations in STEM fields, including individuals identified in
section 33 or section 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a, 1885b).
(2) Center of excellence.--
(A) In general.--Grants awarded under this
subsection may include grants for the establishment of a
Center of Excellence to collect, maintain, and
disseminate information to increase participation of
underrepresented populations in STEM fields.
(B) Purpose.--The purpose of a Center of Excellence
under this subsection is to promote diversity in STEM
fields by building on the success of the INCLUDES
programs, providing technical assistance, maintaining
best practices, and providing related training at
federally funded academic institutions.
(e) Accountability and Dissemination.--
(1) Evaluation.--
(A) <<NOTE: Deadline.>> In general.--Not later than
5 years after the date of enactment of this Act, the
Director of the Foundation shall evaluate the grants
provided under this section.
(B) Requirements.--In conducting the evaluation
under subparagraph (A), the Director shall--
(i) use a common set of benchmarks and
assessment tools to identify best practices and
materials developed or demonstrated by the
research; and
(ii) to the extent practicable, combine the
research resulting from the grant activity under
subsection (e) with the current research on
serving underrepresented students in grades
kindergarten through 8.
(2) <<NOTE: Public information.>> Report on evaluations.--
Not later than 180 days after the completion of the evaluation
under paragraph (1), the Director of the Foundation shall submit
to the appropriate committees of 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) <<NOTE: Consultation.>> Coordination.--In carrying out this
section, the Director of the Foundation shall consult and cooperate with
the programs and policies of other relevant Federal agencies to avoid
duplication with and enhance the effectiveness of the program under this
section.
SEC. 306. NIST EDUCATION AND OUTREACH.
(a) Repeal.--The National Institute of Standards and Technology Act
(15 U.S.C. 271 et seq.) is amended by striking section 18 (15 U.S.C.
278g-1).
(b) Education and Outreach.--The National Institute of Standards and
Technology Act (15 U.S.C. 271 et seq.), as amended, is further amended
by inserting after section 17, the following:
``SEC. 18. <<NOTE: 15 USC 278g-1.>> EDUCATION AND OUTREACH.
``(a) In General.--The Director is authorized to expend funds
appropriated for activities of the Institute in any fiscal year, to
support, promote, and coordinate activities and efforts to enhance
public awareness and understanding of measurement sciences,
[[Page 130 STAT. 3009]]
standards and technology at the national measurement laboratories and
otherwise in fulfillment of the mission of the Institute. The Director
may carry out activities under this subsection, including education and
outreach activities to the general public, industry and academia in
support of the Institute's mission.
``(b) <<NOTE: Coordination.>> Hiring.--The Director, in
coordination with the Director of the Office of Personnel Management,
may revise the procedures the Director applies when making appointments
to laboratory positions within the competitive service--
``(1) to ensure corporate memory of and expertise in the
fundamental ongoing work, and on developing new capabilities in
priority areas;
``(2) to maintain high overall technical competence;
``(3) to improve staff diversity;
``(4) to balance emphases on the noncore and core areas; or
``(5) to improve the ability of the Institute to compete in
the marketplace for qualified personnel.
``(c) Volunteers.--
``(1) In general.--The Director may establish a program to
use volunteers in carrying out the programs of the Institute.
``(2) <<NOTE: Regulations.>> Acceptance of personnel.--The
Director may accept, subject to regulations issued by the Office
of Personnel Management, voluntary service for the Institute for
such purpose if the service--
``(A) is to be without compensation; and
``(B) will not be used to displace any current
employee or act as a substitute for any future full-time
employee of the Institute.
``(3) Federal employee status.--Any individual who provides
voluntary service under this subsection shall not be considered
a Federal employee, except for purposes of chapter 81 of title
5, United States Code (relating to compensation for injury), and
sections 2671 through 2680 of title 28, United States Code
(relating to tort claims).
``(d) Research Fellowships.--
``(1) In general.--The Director may expend funds
appropriated for activities of the Institute in any fiscal year,
as the Director considers appropriate, for awards of research
fellowships and other forms of financial and logistical
assistance, including direct stipend awards to--
``(A) students at institutions of higher learning
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, including
programs.
``(2) Selection criteria.--The selection of persons to
receive such fellowships and assistance shall be made on the
basis of ability and of the relevance of the proposed work to
the mission and programs of the Institute.
``(3) Financial and logistical assistance.--Notwithstanding
section 1345 of title 31, United States Code, or any other law
to the contrary, the Director may include as a form of financial
or logistical assistance under this subsection temporary housing
and transportation to and from Institute facilities.
``(e) Educational Outreach Activities.--The Director may--
[[Page 130 STAT. 3010]]
``(1) facilitate education programs for undergraduate and
graduate students, postdoctoral researchers, and academic and
industry employees;
``(2) sponsor summer workshops for STEM kindergarten through
grade 12 teachers as appropriate;
``(3) develop programs for graduate student internships and
visiting faculty researchers;
``(4) document publications, presentations, and interactions
with visiting researchers and sponsoring interns as performance
metrics for improving and continuing interactions with those
individuals; and
``(5) facilitate laboratory tours and provide presentations
for educational, industry, and community groups.''.
(c) Post-doctoral Fellowship Program.--Section 19 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-2) is amended
to read as follows:
``SEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM.
``(a) In General.--The Institute and the National Academy of
Sciences, jointly, shall establish and conduct a post-doctoral
fellowship program, subject to the availability of appropriations.
``(b) Organization.--The post-doctoral fellowship program shall
include not less than 20 new fellows per fiscal year.
``(c) Evaluations.--In evaluating applications for post-doctoral
fellowships under this section, the Director of the Institute and the
President of the National Academy of Sciences shall give consideration
to the goal of promoting the participation of individuals identified in
sections 33 and 34 of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885a, 1885b) in research areas supported by the
Institute.''.
(d) Savings Clauses.--
(1) <<NOTE: 15 USC 278g-1 note.>> Research fellowships and
other financial assistance to students at institutes of higher
education.--The repeal made by subsection (a) of this section
shall not affect any award of a research fellowship or other
form of financial assistance made under section 18 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-1) before the date of enactment of this Act. Such award
shall continue to be subject to the requirements to which such
funds were subject under that section before the date of
enactment of this Act.
(2) <<NOTE: 15 USC 278g-2 note.>> Post-doctoral fellowship
program.--The amendment made by subsection (c) of this section
shall not affect any award of a post-doctoral fellowship or
other form of financial assistance made under section 19 of the
National Institute of Standards and Technology Act (15 U.S.C.
278g-2) before the date of enactment of this Act. Such awards
shall continue to be subject to the requirements to which such
funds were subject under that section before the date of
enactment of this Act.
SEC. 307. <<NOTE: 42 USC 1862s-6.>> PRESIDENTIAL AWARDS FOR
EXCELLENCE IN STEM MENTORING.
(a) In General.--The Director of the Foundation shall continue to
administer awards on behalf of the Office of Science and Technology
Policy to recognize outstanding mentoring in STEM fields.
(b) <<NOTE: Lists.>> Annual Award Recipients.--The Director of the
Foundation shall provide Congress with a list of award recipients,
including
[[Page 130 STAT. 3011]]
the name, institution, and a brief synopsis of the impact of the
mentoring efforts.
SEC. 308. <<NOTE: 42 USC 6626.>> WORKING GROUP ON INCLUSION IN
STEM FIELDS.
(a) <<NOTE: Compilation. Summary.>> Establishment.--The Office of
Science and Technology Policy, in collaboration with Federal departments
and agencies, shall establish an interagency working group to compile
and summarize available research and best practices on how to promote
diversity and inclusions in STEM fields and examine whether barriers
exist to promoting diversity and inclusion within Federal agencies
employing scientists and engineers.
(b) Responsibilities.--The working group shall be responsible for
reviewing and assessing research, best practices, and policies across
Federal science agencies related to the inclusion of individuals
identified in sections 33 and 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a, 1885b) in the Federal STEM
workforce, including available research and best practices on how to
promote diversity and inclusion in STEM fields, including--
(1) policies providing flexibility for scientists and
engineers that are also caregivers, particularly on the timing
of research grants;
(2) policies to address the proper handling of claims of
sexual harassment;
(3) policies to minimize the effects of implicit bias and
other systemic factors in hiring, promotion, evaluation and the
workplace in general; and
(4) other evidence-based strategies that the working group
considers effective for promoting diversity and inclusion in the
STEM fields.
(c) Stakeholder Input.--In carrying out the responsibilities under
section (b), the working group shall solicit and consider input and
recommendations from non-Federal stakeholders, including--
(1) the Council of Advisors on Science and Technology;
(2) federally funded and non-federally funded researchers,
institutions of higher education, scientific disciplinary
societies, and associations;
(3) nonprofit research institutions;
(4) industry, including small businesses;
(5) federally funded research and development centers;
(6) non-governmental organizations; and
(7) such other members of the public interested in promoting
a diverse and inclusive Federal STEM workforce.
(d) <<NOTE: Summary. Recommenda- tions. Updates.>> Public
Reports.--Not later than 1 year after the date of enactment of this Act,
and periodically thereafter, the working group shall publish a report on
the review and assessment under subsection (b), including a summary of
available research and best practices, any recommendations for Federal
actions to promote a diverse and inclusive Federal STEM workforce, and
updates on the implementation of previous recommendations for Federal
actions.
(e) Termination.--The interagency working group established under
subsection (a) shall terminate on the date that is 10 years after the
date that it is established.
[[Page 130 STAT. 3012]]
SEC. 309. IMPROVING UNDERGRADUATE STEM EXPERIENCES.
(a) Sense of Congress.--It is the sense of Congress that each
Federal science agency should invest in and expand research
opportunities for undergraduate students attending institutions of
higher education during the undergraduate students' first 2 academic
years of postsecondary education.
(b) <<NOTE: Deadline. Recommenda- tions.>> Identification of
Research Programs.--Not later than 1 year after the date of enactment of
this Act, the head of each Federal agency shall submit to the President
recommendations regarding how the agency could best fulfill the goals
described in subsection (a).
SEC. 310. <<NOTE: 42 USC 1862s-7.>> COMPUTER SCIENCE EDUCATION
RESEARCH.
(a) Findings.--Congress finds that as the lead Federal agency for
building the research knowledge base for computer science education, the
Foundation is well positioned to make investments that will accelerate
ongoing efforts to enable rigorous and engaging computer science
throughout the Nation as an integral part of STEM education.
(b) Grant Program.--
(1) In general.--The Director of the Foundation shall award
grants to eligible entities to research computer science
education and computational thinking.
(2) Research.--The research described in paragraph (1) may
include the development or adaptation, piloting or full
implementation, and testing of--
(A) models of preservice preparation for teachers
who will teach computer science and computational
thinking;
(B) scalable and sustainable models of professional
development and ongoing support for the teachers
described in subparagraph (A);
(C) tools and models for teaching and learning aimed
at supporting student success and inclusion in computing
within and across diverse populations, particularly
poor, rural, and tribal populations and other
populations that have been historically underrepresented
in computer science and STEM fields; and
(D) high-quality learning opportunities for teaching
computer science and, especially in poor, rural, or
tribal schools at the elementary school and middle
school levels, for integrating computational thinking
into STEM teaching and learning.
(c) Collaborations.--In carrying out the grants established in
subsection (b), eligible entities may collaborate and partner with local
or remote schools to support the integration of computing and
computational thinking within pre-kindergarten through grade 12 STEM
curricula and instruction.
(d) Metrics.--The Director of the Foundation shall develop metrics
to measure the success of the grant program funded under this section in
achieving program goals.
(e) Report.--The Director of the Foundation shall report, in the
annual budget submission to Congress, on the success of the program as
measured by the metrics in subsection (d).
(f) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means an institution of higher education or a
nonprofit research organization.
[[Page 130 STAT. 3013]]
SEC. 311. INFORMAL STEM EDUCATION.
(a) National STEM Partnership Grants.--Section 3(a) of the STEM
Education Act of 2015 (42 U.S.C. 1862q(a)) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) a national partnership of institutions involved in
informal STEM learning.''.
(b) Use of Funds.--Section 3(b) of the STEM Education Act of 2015
(42 U.S.C. 1862q(b)) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) fostering on-going partnerships between institutions
involved in informal STEM learning, institutions of higher
education, and education research centers; and
``(4) developing, and making available informal STEM
education activities and educational materials.''.
SEC. 312. <<NOTE: 15 USC 3723 note.>> DEVELOPING STEM
APPRENTICESHIPS.
(a) Findings.--Congress makes the following findings:
(1) The lack of data on the return on investment for United
States employers using registered apprenticeships makes it
difficult--
(A) to communicate the value of these programs to
businesses; and
(B) to expand registered apprenticeships.
(2) The lack of data on the value and impact of employer-
provided worker training, which is likely substantial, hinders
the ability of the Federal Government to formulate policy
related to workforce training.
(3) The Secretary of Commerce has initiated--
(A) the first study on the return on investment for
United States employers using registered apprenticeships
through case studies of firms in various sectors,
occupations, and geographic locations to provide the
business community with data on employer benefits and
costs; and
(B) discussions with officials at relevant Federal
agencies about the need to collect comprehensive data
on--
(i) employer-provided worker training; and
(ii) existing tools that could be used to
collect such data.
(b) Development of Apprenticeship Information.--The Secretary of
Commerce shall continue to research the value to businesses of utilizing
apprenticeship programs, including--
(1) evidence of return on investment of apprenticeships,
including estimates for the average time it takes a business to
recover the costs associated with training apprentices; and
(2) data from the United States Census Bureau and other
statistical surveys on employer-provided training, including
apprenticeships and other on-the-job training and industry-
recognized certification programs.
[[Page 130 STAT. 3014]]
(c) Dissemination of Apprenticeship Information.--The Secretary of
Commerce shall disseminate findings from research on apprenticeships to
businesses and other relevant stakeholders, including--
(1) institutions of higher education;
(2) State and local chambers of commerce; and
(3) workforce training organizations.
(d) New Apprenticeship Program Study.--The Secretary of Commerce may
collaborate with the Secretary of Labor to study approaches for reducing
the cost of creating new apprenticeship programs and hosting apprentices
for businesses, particularly small businesses, including--
(1) training sharing agreements;
(2) group training models; and
(3) pooling resources and best practices.
(e) Economic Development Administration Grants.--The Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is
amended by adding at the end the following:
``SEC. 28. <<NOTE: 15 USC 3723.>> STEM APPRENTICESHIP PROGRAMS.
``(a) In General.--The Secretary of Commerce may carry out a grant
program to identify the need for skilled science, technology,
engineering, and mathematics (referred to in this section as `STEM')
workers and to expand STEM apprenticeship programs.
``(b) Eligible Recipient Defined.--In this section, the term
`eligible recipient' means--
``(1) a State;
``(2) an Indian tribe;
``(3) a city or other political subdivision of a State;
``(4) an entity that--
``(A) is a nonprofit organization, an institution of
higher education, a public-private partnership, a
science or research park, a Federal laboratory, or an
economic development organization or similar entity; and
``(B) has an application that is supported by a
State, a political subdivision of a State, or a native
organization; or
``(5) a consortium of any of the entities described in
paragraphs (1) through (5).
``(c) Needs Assessment Grants.--The Secretary of Commerce may
provide a grant to an eligible recipient to conduct a needs assessment
to identify--
``(1) the unmet need of a region's employer base for skilled
STEM workers;
``(2) the potential of STEM apprenticeships to address the
unmet need described in paragraph (1); and
``(3) any barriers to addressing the unmet need described in
paragraph (1).
``(d) Apprenticeship Expansion Grants.--The Secretary of Commerce
may provide a grant to an eligible recipient that has conducted a needs
assessment as described in subsection (c)(1) to develop infrastructure
to expand STEM apprenticeship programs.''.
SEC. 313. NSF REPORT ON BROADENING PARTICIPATION.
Section 204(e) of the National Science Foundation Authorization Act
of 1988 (42 U.S.C. 1885c(e)) is amended to read as follows:
[[Page 130 STAT. 3015]]
``(e) Biennial Report.--Every 2 years, the Committee shall prepare
and submit to the Director a report on its activities during the
previous 2 years and proposed activities for the next 2 years. The
Director shall submit to Congress the report, unaltered, together with
such comments as the Director considers appropriate, including--
``(1) <<NOTE: Review.>> review data on the participation in
Foundation activities of institutions serving populations that
are underrepresented in STEM disciplines, including poor, rural,
and tribal populations; and
``(2) <<NOTE: Recommenda- tions.>> recommendations
regarding how the Foundation could improve outreach and
inclusion of these populations in Foundation activities.''.
SEC. 314. NOAA SCIENCE EDUCATION PROGRAMS.
(a) In General.--Section 4002(a) of the America COMPETES Act (33
U.S.C. 893a(a)) is amended by striking ``agency, with consideration
given to the goal of promoting the participation of individuals from
underrepresented groups'' and inserting ``the agency, with consideration
given to the goal of promoting the participation of individuals
identified in sections 33 and 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a, 1885b)''.
(b) Educational Program Goals.--Section 4002(b)(4) of the America
COMPETES Act (33 U.S.C. 893a(b)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) and subparagraph (D);
(3) by inserting after subparagraph (B) the following:
``(C) are designed considering the unique needs of
underrepresented groups, translating such materials and
other resources;''; and
(4) by adding at the end the following:
``(E) are promoted widely, especially among
individuals identified in sections 33 and 34 of the
Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a, 1885b); and''.
(c) Metrics.--Section 4002 of the America COMPETES Act (33 U.S.C.
893a) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by adding after section (c) the following:
``(d) <<NOTE: Evaluation.>> Metrics.--In executing the National
Oceanic and Atmospheric Administration science education plan under
subsection (c), the Administrator shall maintain a comprehensive system
for evaluating the Administration's educational programs and activities.
In so doing, the Administrator shall ensure that such education programs
have measurable objectives and milestones as well as clear, documented
metrics for evaluating programs. For each such education program or
portfolio of similar programs, the Administrator shall--
``(1) encourage the collection of evidence as relevant to
the measurable objectives and milestones; and
``(2) ensure that program or portfolio evaluations focus on
educational outcomes and not just inputs, activities completed,
or the number of participants.''.
[[Page 130 STAT. 3016]]
SEC. 315. HISPANIC-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM
UPDATE.
(a) In General.--Section 7033(a) of the America COMPETES Act (42
U.S.C. 1862o-12(a)) is amended as follows:
``(a) <<NOTE: Grants.>> In General.--The Director shall award
grants on a competitive, merit-reviewed basis to Hispanic-serving
institutions (as defined in section 502 of the Higher Education Act of
1965 (20 U.S.C. 1101a)) to enhance the quality of undergraduate STEM
education at such institutions and to increase the retention and
graduation rates of students pursuing associate's or baccalaureate
degrees in science, technology, engineering, and mathematics.''.
(b) <<NOTE: 42 USC 1862o-12 note.>> Savings Provision.--The
amendment made by subsection (a) of this section shall not affect any
award of a grant or other form of financial assistance made under
section 7033 of the America COMPETES Act (42 U.S.C. 1862o-12) before the
date of enactment of this Act. Such awards shall continue to be subject
to the requirements to which such funds were subject under that section
before the date of enactment of this Act.
TITLE IV--LEVERAGING THE PRIVATE SECTOR
SEC. 401. <<NOTE: Science Prize Competition Act. 15 USC 3701
note.>> PRIZE COMPETITION AUTHORITY
UPDATE.
(a) Short Title.--This section may be cited as the ``Science Prize
Competition Act''.
(b) In General.--Section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719) is amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking
``Prizes'' and by inserting ``Prize Competitions'';
(B) in the matter preceding paragraph (1), by
striking ``prize may be one or more of the following''
and inserting ``prize competition may be 1 or more of
the following types of activities'';
(C) in paragraph (2), by inserting ``competition''
after ``prize''; and
(D) in paragraphs (3) and (4), by striking
``prizes'' and inserting ``prize competitions'';
(2) in subsection (f)--
(A) in the matter preceding paragraph (1), by
striking ``in the Federal Register'' and inserting ``on
a publicly accessible Government website, such as
www.challenge.gov,'';
(B) in paragraphs (1), (2), and (3), by inserting
``prize'' before ``competition''; and
(C) in paragraph (4), by striking ``prize'' and
inserting ``cash prize purse or non-cash prize award'';
(3) in subsection (g)--
(A) in the matter preceding paragraph (1), by
striking ``prize'' and inserting ``cash prize purse'';
and
(B) in paragraph (1), by inserting ``prize'' before
``competition'';
(4) in subsection (h), by inserting ``prize'' before
``competition'' each place it appears;
(5) in subsection (i)--
[[Page 130 STAT. 3017]]
(A) in paragraph (1)(B), by inserting ``prize''
before ``competition'';
(B) in paragraph (2)(A), by inserting ``prize''
before ``competition'' each place it appears;
(C) by redesignating paragraph (3) as paragraph (4);
and
(D) by inserting after paragraph (2) the following:
``(3) Waivers.--
``(A) In general.--An agency may waive the
requirement under paragraph (2).
``(B) List.--The Director shall include a list of
all of the waivers granted under this paragraph during
the preceding fiscal year, including a detailed
explanation of the reason for granting the waiver.'';
(6) in subsection (j)--
(A) in paragraph (1), by inserting ``prize'' before
``competition''; and
(B) by amending paragraph (2) to read as follows:
``(2) Licenses.--As appropriate and to further the goals of
a prize competition, the Federal Government may negotiate a
license for the use of intellectual property developed by a
registered participant in a prize competition.'';
(7) in subsection (k)--
(A) in paragraph (1), by striking ``each
competition'' and inserting ``each prize competition''
each place it appears;
(B) in paragraph (2)(A), by inserting ``prize''
before ``competition''; and
(C) in paragraph (3), by inserting ``prize'' before
``competitions'' each place it appears;
(8) in subsection (l), by striking ``an agreement with'' and
all that follows through the period at the end and inserting ``a
grant, contract, cooperative agreement, or other agreement with
a private sector for-profit or nonprofit entity or State or
local government agency to administer the prize competition,
subject to the provisions of this section.'';
(9) in subsection (m)--
(A) by amending paragraph (1) to read as follows:
``(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 request and accept funds from other
Federal agencies, State, United States territory, local, or
tribal government agencies, private sector for-profit entities,
and nonprofit 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
agency or entity in return for a donation.'';
(B) in paragraph (2), by striking ``prize awards''
and inserting ``cash prize purses or non-cash prize
awards'';
(C) in paragraph (3)--
(i) by amending subparagraph (A) to read as
follows:
``(A) Announcement.--No prize competition may be
announced under subsection (f) until all the funds
needed
[[Page 130 STAT. 3018]]
to pay out the announced amount of the cash prize purse
have been appropriated or committed in writing by a
private or State, United States territory, local, or
tribal government source.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``a prize'' and
inserting ``a cash prize purse or non-
cash prize award'';
(II) in clause (i), by inserting
``competition'' after ``prize''; and
(III) in clause (ii), by inserting
``or State, United States territory,
local, or tribal government'' after
``private''; and
(D) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``a prize'' and
inserting ``a cash prize purse or a non-
cash prize award''; and
(II) by striking ``Science and
Technology'' and inserting ``Science,
Space, and Technology''; and
(ii) in subparagraph (B), by striking ``cash
prizes'' and inserting ``cash prize purses or non-
cash prize awards'';
(10) in subsection (n)--
(A) in the heading, by striking ``Service'' and
inserting ``Services'';
(B) by striking ``the date of the enactment of the
America COMPETES Reauthorization Act of 2010,'' and
inserting ``the date of enactment of the American
Innovation and Competitiveness Act,''; and
(C) by inserting ``for both for-profit and nonprofit
entities and State, United States territory, local, and
tribal government entities,'' after ``contract
vehicle'';
(11) in subsection (o)(1), by striking ``or providing a
prize'' and inserting ``a prize competition or providing a cash
prize purse or non-cash prize award''; and
(12) in subsection (p)--
(A) in the heading, by striking ``Annual'' and
inserting ``Biennial'';
(B) in paragraph (1)--
(i) by striking ``each year'' and inserting
``every other year'';
(ii) by striking ``Science and Technology''
and inserting ``Science, Space, and Technology'';
and
(iii) by striking ``fiscal year'' and
inserting ``2 fiscal years''; and
(C) in paragraph (2)--
(i) by striking ``The report for a fiscal
year'' and inserting ``A report'';
(ii) in subparagraph (C)--
(I) in the heading, by striking
``prizes'' and inserting ``prize purses
or non-cash prize awards''; and
(II) by striking ``cash prizes''
each place it appears and inserting
``cash prize purses or non-cash prize
awards''; and
(iii) by adding at the end the following:
[[Page 130 STAT. 3019]]
``(G) <<NOTE: Time period.>> 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. 402. <<NOTE: Crowdsourcing and Citizen Science Act. 15 USC
3724.>> CROWDSOURCING AND CITIZEN
SCIENCE.
(a) Short Title.--This section may be cited as the ``Crowdsourcing
and Citizen Science Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the authority granted to Federal agencies under the
America COMPETES Reauthorization Act of 2010 (Public Law 111-
358; 124 Stat. 3982) to pursue the use of incentive prizes and
challenges has yielded numerous benefits;
(2) crowdsourcing and citizen science projects have a number
of additional unique benefits, including accelerating scientific
research, increasing cost effectiveness to maximize the return
on taxpayer dollars, addressing societal needs, providing hands-
on learning in STEM, and connecting members of the public
directly to Federal science agency missions and to each other;
and
(3) granting Federal science agencies the direct, explicit
authority to use crowdsourcing and citizen science will
encourage its appropriate use to advance Federal science agency
missions and stimulate and facilitate broader public
participation in the innovation process, yielding numerous
benefits to the Federal Government and citizens who participate
in such projects.
(c) Definitions.--In this section:
(1) Citizen science.--The term ``citizen science'' means a
form of open collaboration in which individuals or organizations
participate voluntarily in the scientific process in various
ways, including--
(A) enabling the formulation of research questions;
(B) creating and refining project design;
(C) conducting scientific experiments;
(D) collecting and analyzing data;
(E) interpreting the results of data;
(F) developing technologies and applications;
(G) making discoveries; and
(H) solving problems.
(2) Crowdsourcing.--The term ``crowdsourcing'' means a
method to obtain needed services, ideas, or content by
soliciting voluntary contributions from a group of individuals
or organizations, especially from an online community.
(3) Participant.--The term ``participant'' means any
individual or other entity that has volunteered in a
crowdsourcing or citizen science project under this section.
(d) Crowdsourcing and Citizen Science.--
(1) In general.--The head of each Federal science agency, or
the heads of multiple Federal science agencies working
cooperatively, may utilize crowdsourcing and citizen science to
conduct projects designed to advance the mission of the
respective Federal science agency or the joint mission of
Federal science agencies, as applicable.
(2) Voluntary services.--Notwithstanding section 1342 of
title 31, United States Code, the head of a Federal science
agency may accept, subject to regulations issued by the Director
[[Page 130 STAT. 3020]]
of the Office of Personnel Management, in coordination with the
Director of the Office of Science and Technology Policy,
services from participants under this section if such services--
(A) are performed voluntarily as a part of a
crowdsourcing or citizen science project authorized
under paragraph (1);
(B) are not financially compensated for their time;
and
(C) will not be used to displace any employee of the
Federal Government.
(3) <<NOTE: Public information.>> Outreach.--The head of
each Federal science agency engaged in a crowdsourcing or
citizen science project under this section shall make public and
promote such project to encourage broad participation.
(4) Consent, registration, and terms of use.--
(A) <<NOTE: Determination.>> In general.--Each
Federal science agency shall determine the appropriate
level of consent, registration, or acknowledgment of the
terms of use that are required from participants in
crowdsourcing or citizen science projects under this
section on a per-project basis.
(B) Disclosures.--In seeking consent, conducting
registration, or developing terms of use for a project
under this subsection, a Federal science agency shall
disclose the privacy, intellectual property, data
ownership, compensation, service, program, and other
terms of use to the participant in a clear and
reasonable manner.
(C) Mode of consent.--A Federal agency or Federal
science agencies, as applicable, may obtain consent
electronically or in written form from participants
under this section.
(5) Protections for human subjects.--Any crowdsourcing or
citizen science project under this section that involves
research involving human subjects shall be subject to part 46 of
title 28, Code of Federal Regulations (or any successor
regulation).
(6) Data.--
(A) <<NOTE: Public information.>> In general.--A
Federal science agency shall, where appropriate and to
the extent practicable, make data collected through a
crowdsourcing or citizen science project under this
section available to the public, in a machine readable
format, unless prohibited by law.
(B) Notice.--As part of the consent process, the
Federal science agency shall notify all participants--
(i) of the expected uses of the data compiled
through the project;
(ii) if the Federal science agency will retain
ownership of such data;
(iii) if and how the data and results from the
project would be made available for public or
third party use; and
(iv) if participants are authorized to publish
such data.
(7) <<NOTE: Public information.>> Technologies and
applications.--Federal science agencies shall endeavor to make
technologies, applications, code, and derivations of such
intellectual property developed through a crowdsourcing or
citizen science project under this section available to the
public.
[[Page 130 STAT. 3021]]
(8) Liability.--Each participant in a crowdsourcing or
citizen science project under this section shall agree--
(A) to assume any and all risks associated with such
participation; and
(B) <<NOTE: Waiver.>> to waive all claims against
the Federal Government and its related entities, except
for claims based on willful misconduct, for any injury,
death, damage, or loss of property, revenue, or profits
(whether direct, indirect, or consequential) arising
from participation in the project.
(9) Research misconduct.--Federal science agencies
coordinating crowdsourcing or citizen science projects under
this section shall make all practicable efforts to ensure that
participants adhere to all relevant Federal research misconduct
policies and other applicable ethics policies.
(10) Multi-sector partnerships.--The head of each Federal
science agency engaged in crowdsourcing or citizen science under
this section, or the heads of multiple Federal science agencies
working cooperatively, may enter into a contract or other
agreement to share administrative duties for such projects
with--
(A) a for profit or nonprofit private sector entity,
including a private institution of higher education;
(B) a State, tribal, local, or foreign government
agency, including a public institution of higher
education; or
(C) a public-private partnership.
(11) Funding.--In carrying out crowdsourcing and citizen
science projects under this section, the head of a Federal
science agency, or the heads of multiple Federal science
agencies working cooperatively--
(A) may use funds appropriated by Congress;
(B) may publicize projects and solicit and accept
funds or in-kind support for such projects, to be
available to the extent provided by appropriations Acts,
from--
(i) other Federal agencies;
(ii) for profit or nonprofit private sector
entities, including private institutions of higher
education; or
(iii) State, tribal, local, or foreign
government agencies, including public institutions
of higher education; and
(C) may not give any special consideration to any
entity described in subparagraph (B) in return for such
funds or in-kind support.
(12) Facilitation.--
(A) <<NOTE: Coordination.>> General services
administration assistance.--The Administrator of the
General Services Administration, in coordination with
the Director of the Office of Personnel Management and
the Director of the Office of Science and Technology
Policy, shall, at no cost to Federal science agencies,
identify and develop relevant products, training, and
services to facilitate the use of crowdsourcing and
citizen science projects under this section, including
by specifying the appropriate contract vehicles and
technology and organizational platforms to enhance the
ability of Federal science agencies to carry out the
projects under this section.
(B) Additional guidance.--The head of each Federal
science agency engaged in crowdsourcing or citizen
science under this section may--
[[Page 130 STAT. 3022]]
(i) consult any guidance provided by the
Director of the Office of Science and Technology
Policy, including the Federal Crowdsourcing and
Citizen Science Toolkit;
(ii) designate a coordinator for that Federal
science agency's crowdsourcing and citizen science
projects; and
(iii) share best practices with other Federal
agencies, including participation of staff in the
Federal Community of Practice for Crowdsourcing
and Citizen Science.
(e) Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Director of the Office of Science
and Technology Policy shall include, as a component of an annual
report required under section 24(p) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719(p)), a report
on the projects and activities carried out under this section.
(2) Information included.--The report required under
paragraph (1) shall include--
(A) <<NOTE: Summary.>> a summary of each
crowdsourcing and citizen science project conducted by a
Federal science agency during the most recently
completed 2 fiscal years, including a description of the
proposed goals of each crowdsourcing and citizen science
project;
(B) <<NOTE: Analysis.>> an analysis of why the
utilization of a crowdsourcing or citizen science
project summarized in subparagraph (A) was the
preferable method of achieving the goals described in
subparagraph (A) as opposed to other authorities
available to the Federal science agency, such as
contracts, grants, cooperative agreements, and prize
competitions;
(C) the participation rates, submission levels,
number of consents, and any other statistic that might
be considered relevant in each crowdsourcing and citizen
science project;
(D) a detailed description of--
(i) the resources, including personnel and
funding, that were used in the execution of each
crowdsourcing and citizen science project;
(ii) the project activities for which such
resources were used; and
(iii) how the obligations and expenditures
relating to the project's execution were allocated
among the accounts of the Federal science agency,
including a description of the amount and source
of all funds, private, public, and in-kind,
contributed to each crowdsourcing and citizen
science project;
(E) <<NOTE: Summary.>> a summary of the use of
crowdsourcing and citizen science by all Federal science
agencies, including interagency and multi-sector
partnerships;
(F) a description of how each crowdsourcing and
citizen science project advanced the mission of each
participating Federal science agency;
(G) an identification of each crowdsourcing or
citizen science project where data collected through
such project
[[Page 130 STAT. 3023]]
was not made available to the public, including the
reasons for such action; and
(H) any other information that the Director of the
Office of Science and Technology Policy considers
relevant.
(f) Savings Provision.--Nothing in this section may be construed--
(1) to affect the authority to conduct crowdsourcing and
citizen science authorized by any other provision of law; or
(2) to displace Federal Government resources allocated to
the Federal science agencies that use crowdsourcing or citizen
science authorized under this section to carry out a project.
SEC. 403. NIST DIRECTOR FUNCTIONS UPDATE.
Section 2(b) of the National Institute of Standards and Technology
Act (15 U.S.C. 272(b)), as amended by section 403 of this Act, is
further amended--
(1) in the matter preceding paragraph (1), by striking
``authorized to take'' and inserting ``authorized to serve as
the President's principal adviser on standards policy pertaining
to the Nation's technological competitiveness and innovation
ability and to take'';
(2) in paragraph (3), by striking ``compare standards'' and
all that follows through ``Federal Government'' and inserting
``facilitate standards-related information sharing and
cooperation between Federal agencies''; and
(3) in paragraph (13), by striking ``Federal, State, and
local'' and all that follows through ``private sector'' and
inserting ``technical standards activities and conformity
assessment activities of Federal, State, and local governments
with private sector''.
SEC. 404. NIST VISITING COMMITTEE ON ADVANCED TECHNOLOGY UPDATE.
Section 10 of the National Institute of Standards and Technology Act
(15 U.S.C. 278) is amended--
(1) in subsection (a)--
(A) in the second sentence, by striking ``15 members
appointed by the Director, at least 10 of whom'' and
inserting ``not fewer than 9 members appointed by the
Director, a majority of whom''; and
(B) in the third sentence, by striking ``National
Bureau of Standards'' and inserting ``National Institute
of Standards and Technology''; and
(2) in subsection (h)(1), by striking ``, including the
Program established under section 28,''.
TITLE V--MANUFACTURING
SEC. 501. <<NOTE: Manufacturing Extension Partnership Improvement
Act. 15 USC 271 note.>> HOLLINGS
MANUFACTURING EXTENSION PARTNERSHIP
IMPROVEMENTS.
(a) Short Title.--This section may be cited as the ``Manufacturing
Extension Partnership Improvement Act''.
(b) In General.--Section 25 of the National Institute of Standards
and Technology Act (15 U.S.C. 278k) is amended to read as follows:
[[Page 130 STAT. 3024]]
``SEC. 25. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Science, Space, and
Technology of the House of Representatives.
``(2) Area career and technical education school.--The term
`area career and technical education school' has the meaning
given the term in section 3 of the Vocational Education Act of
1963 (20 U.S.C. 2302).
``(3) Center.--The term `Center' means a manufacturing
extension center that--
``(A) is created under subsection (b); and
``(B) is affiliated with an eligible entity that
applies for and is awarded financial support under
subsection (e).
``(4) Community college.--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.
``(5) Eligible entity.--The term `eligible entity' means a
United States-based nonprofit institution, or consortium
thereof, an institution of higher education, or a State, United
States territory, local, or tribal government.
``(6) Hollings manufacturing extension partnership or
program.--The term `Hollings Manufacturing Extension
Partnership' or `Program' means the program established under
subsection (b).
``(7) MEP advisory board.--The term `MEP Advisory Board'
means the Manufacturing Extension Partnership Advisory Board
established under subsection (n).
``(b) Establishment and Purpose.--The Secretary, acting through the
Director and, if appropriate, through other Federal officials, shall
establish a program to provide assistance for the creation and support
of manufacturing extension centers for the transfer of manufacturing
technology and best business practices.
``(c) Objective.--The objective of the Program shall be to enhance
competitiveness, productivity, and technological performance in United
States manufacturing through--
``(1) the transfer of manufacturing technology and
techniques developed at the Institute to Centers and, through
them, to manufacturing companies throughout the United States;
``(2) 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;
``(3) efforts to make new manufacturing technology and
processes usable by United States-based small and medium-sized
companies;
``(4) the active dissemination of scientific, engineering,
technical, and management information about manufacturing to
industrial firms, including small and medium-sized manufacturing
companies;
[[Page 130 STAT. 3025]]
``(5) the utilization, when appropriate, of the expertise
and capability that exists in Federal agencies, other than the
Institute, and federally-sponsored laboratories;
``(6) the provision to community colleges and area career
and technical education schools of information about the job
skills needed in manufacturing companies, including small and
medium-sized manufacturing businesses in the regions they serve;
``(7) the promotion and expansion of certification systems
offered through industry, associations, and local colleges when
appropriate, including efforts such as facilitating training,
supporting new or existing apprenticeships, and providing access
to information and experts, to address workforce needs and
skills gaps in order to assist small- and medium-sized
manufacturing businesses; and
``(8) the growth in employment and wages at United States-
based small and medium-sized companies.
``(d) Activities.--The activities of a Center 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,
community colleges, and area career and technical education
schools, to help those entities 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.
``(e) Financial Assistance.--
``(1) Authorization.--Except as provided in paragraph (2),
the Secretary may provide financial assistance for the creation
and support of a Center through a cooperative agreement with an
eligible entity.
``(2) Cost sharing.--The Secretary may not provide more than
50 percent of the capital and annual operating and maintenance
funds required to establish and support a Center.
``(3) Rule of construction.--For purposes of paragraph (2),
any amount received by an eligible entity for a Center under a
provision of law other than paragraph (1) shall not be
considered an amount provided under paragraph (1).
``(4) Regulations.--The Secretary may revise or promulgate
such regulations as necessary to carry out this subsection.
``(f) Applications.--
``(1) In general.--An eligible entity shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(2) <<NOTE: Update. Procedures. Criteria.>> Program
description.--The Secretary shall establish and update, as
necessary--
``(A) a description of the Program;
``(B) the application procedures;
``(C) performance metrics;
``(D) criteria for determining qualified applicants;
and
[[Page 130 STAT. 3026]]
``(E) criteria for choosing recipients of financial
assistance from among the qualified applicants.
``(F) procedures for determining allowable cost
share contributions; and
``(G) such other program policy objectives and
operational procedures as the Secretary considers
necessary.
``(3) Cost sharing.--
``(A) In general.--To be considered for financial
assistance under this section, an applicant shall
provide adequate assurances that the applicant and if
applicable, the applicant's partnering organizations,
will obtain funding for not less than 50 percent of the
capital and annual operating and maintenance funds
required to establish and support the Center from
sources other than the financial assistance provided
under subsection (e).
``(B) <<NOTE: Determination.>> Agreements with
other entities.--In meeting the cost-sharing requirement
under subparagraph (A), an eligible entity may enter
into an agreement with 1 or more other entities, such as
a private industry, institutions of higher education, or
a State, United States territory, local, or tribal
government for the contribution by that other entity of
funding if the Secretary determines the agreement--
``(i) is programmatically reasonable;
``(ii) will help accomplish programmatic
objectives; and
``(iii) is allocable under Program procedures
under subsection (f)(2).
``(4) Legal rights.--Each applicant shall include in the
application a proposal for the allocation of the legal rights
associated with any intellectual property which may result from
the activities of the Center.
``(5) Merit review of applications.--
``(A) In general.--The Secretary shall subject each
application to merit review.
``(B) Considerations.--In making a decision whether
to approve an application and provide financial
assistance under subsection (e), the Secretary shall
consider, at a minimum--
``(i) 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;
``(ii) the quality of service to be provided;
``(iii) the geographical diversity and extent
of the service area; and
``(iv) the type and percentage of funding and
in-kind commitment from other sources under
paragraph (3).
``(g) Evaluations.--
``(1) Third and eighth year evaluations by panel.--
``(A) In general.--The Secretary shall ensure that
each Center is evaluated during its third and eighth
years of operation by an evaluation panel appointed by
the Secretary.
[[Page 130 STAT. 3027]]
``(B) Composition.--The Secretary shall ensure that
each evaluation panel appointed under subparagraph (A)
is composed of--
``(i) private experts, none of whom are
connected with the Center evaluated by the panel;
and
``(ii) Federal officials.
``(C) <<NOTE: Appointment.>> Chairperson.--For each
evaluation panel appointed under subparagraph (B), the
Secretary shall appoint a chairperson who is an official
of the Institute.
``(2) <<NOTE: Review.>> Fifth year evaluations by
secretary.--In the fifth year of operation of a Center, the
Secretary shall conduct a review of the Center.
``(3) Performance measurement.--In evaluating a Center an
evaluation panel or the Secretary, as applicable, shall measure
the performance of the Center against--
``(A) the objective specified in subsection (c);
``(B) the performance metrics under subsection
(f)(2)(C); and
``(C) such other criterion as considered appropriate
by the Secretary.
``(4) Positive evaluations.--If an evaluation of a Center is
positive, the Secretary may continue to provide financial
assistance for the Center--
``(A) in the case of an evaluation occurring in the
third year of a Center, through the fifth year of the
Center;
``(B) in the case of an evaluation occurring in the
fifth year of a Center, through the eighth year of the
Center; and
``(C) in the case of an evaluation occurring in the
eighth year of a Center, through the tenth year of the
Center.
``(5) Other than positive evaluations.--
``(A) <<NOTE: Time period.>> Probation.--If an
evaluation of a Center is other than positive, the
Secretary shall put the Center on probation during the
period beginning on the date that the Center receives
notice under subparagraph (B)(i) and ending on the date
that the reevaluation is complete under subparagraph
(B)(iii).
``(B) <<NOTE: Deadlines.>> Notice and
reevaluation.--If a Center receives an evaluation that
is other than positive, the evaluation panel or
Secretary, as applicable, shall--
``(i) notify the Center of the reason,
including any deficiencies in the performance of
the Center identified during the evaluation;
``(ii) <<NOTE: Analysis.>> assist the Center
in remedying the deficiencies by providing the
Center, not less frequently than once every 3
months, an analysis of the Center, if considered
appropriate by the panel or Secretary, as
applicable; and
``(iii) reevaluate the Center not later than 1
year after the date of the notice under clause
(i).
``(C) Continued support during period of
probation.--
``(i) In general.--The Secretary may continue
to provide financial assistance under subsection
(e) for a Center during the probation period.
``(ii) Post probation.--After the period of
probation, the Secretary shall not provide any
financial
[[Page 130 STAT. 3028]]
assistance unless the Center has received a
positive evaluation under subparagraph (B)(iii).
``(6) Failure to remedy.--
``(A) <<NOTE: Competition.>> In general.--If a
Center fails to remedy a deficiency or to show
significant improvement in performance before the end of
the probation period under paragraph (5), the Secretary
shall conduct a competition to select an operator for
the Center under subsection (h).
``(B) Treatment of centers subject to new
competition.--Upon the selection of an operator for a
Center under subsection (h), the Center shall be
considered a new Center and the calculation of the years
of operation of that Center for purposes of paragraphs
(1) through (5) of this subsection and subsection (h)(1)
shall start anew.
``(h) Reapplication Competition for Financial Assistance After 10
Years.--
``(1) In general.--If an eligible entity has operated a
Center under this section for a period of 10 consecutive years,
the Secretary shall conduct a competition to select an eligible
entity to operate the Center in accordance with the process plan
under subsection (i).
``(2) Incumbent eligible entities.--An eligible entity that
has received financial assistance under this section for a
period of 10 consecutive years and that the Secretary determines
is in good standing shall be eligible to compete in the
competition under paragraph (1).
``(3) Treatment of centers subject to reapplication
competition.--Upon the selection of an operator for a Center
under paragraph (1), the Center shall be considered a new Center
and the calculation of the years of operation of that Center for
purposes of paragraphs (1) through (5) of subsection (g) shall
start anew.
``(i) <<NOTE: Deadline. Evaluation.>> Process Plan.--Not later than
180 days after the date of the enactment of the American Innovation and
Competitiveness Act, the Secretary shall implement and submit to
Congress a plan for how the Institute will conduct an evaluation,
competition, and reapplication competition under this section.
``(j) Operational Requirements.--
``(1) Protection of confidential information of center
clients.--The following information, if obtained by the Federal
Government in connection with an activity of a Center or the
Program, shall be exempt from public disclosure under section
552 of title 5, United States Code:
``(A) Information on the business operation of any
participant in the Program or of a client of a Center.
``(B) Trade secrets of any client of a Center.
``(k) <<NOTE: Establishment.>> Oversight Boards.--
``(1) In general.--As a condition on receipt of financial
assistance for a Center under subsection (e), an eligible entity
shall establish a board to oversee the operations of the Center.
``(2) Standards.--
``(A) In general.--The Director shall establish
appropriate standards for each board described under
paragraph (1).
``(B) Considerations.--In establishing the
standards, the Director shall take into account the type
and organizational structure of an eligible entity.
[[Page 130 STAT. 3029]]
``(C) Requirements.--The standards shall address--
``(i) membership;
``(ii) composition;
``(iii) term limits;
``(iv) conflicts of interest; and
``(v) such other requirements as the Director
considers necessary.
``(3) Membership.--
``(A) In general.--Each board established under
paragraph (1) shall be composed of members as follows:
``(i) The membership of each board shall be
representative of stakeholders in the region in
which the Center is located.
``(ii) A majority of the members of the board
shall be selected from among individuals who own
or are employed by small or medium-sized
manufacturers.
``(B) Limitation.--A member of a board established
under paragraph (1) may not serve on more than 1 board
established under that paragraph.
``(4) Bylaws.--
``(A) In general.--Each board established under
paragraph (1) shall adopt and submit to the Director
bylaws to govern the operation of the board.
``(B) Conflicts of interest.--Bylaws adopted under
subparagraph (A) shall include policies to minimize
conflicts of interest, including such policies relating
to disclosure of relationships and recusal as may be
necessary to minimize conflicts of interest.
``(l) Acceptance of Funds.--In addition to such sums as may be
appropriated to the Secretary and Director to operate the Program, the
Secretary and Director may also accept funds from other Federal
departments and agencies and from the private sector under section
2(c)(7) of this Act (15 U.S.C. 272(c)(7)), to be available to the extent
provided by appropriations Acts, for the purpose of strengthening United
States manufacturing.
``(m) MEP Advisory Board.--
``(1) Establishment.--There is established within the
Institute a Manufacturing Extension Partnership Advisory Board.
``(2) Membership.--
``(A) Composition.--
``(i) <<NOTE: Appointment.>> In general.--The
MEP Advisory Board shall consist of not fewer than
10 members appointed by the Director and broadly
representative of stakeholders.
``(ii) Requirements.--Of the members appointed
under clause (i)--
``(I) at least 2 members shall be
employed by or on an advisory board for
a Center;
``(II) at least 5 members shall be
from United States small businesses in
the manufacturing sector; and
``(III) at least 1 member shall
represent a community college.
``(iii) Limitation.--No member of the MEP
Advisory Board shall be an employee of the Federal
Government.
[[Page 130 STAT. 3030]]
``(B) Term.--Except as provided in subparagraph (C),
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.
``(D) <<NOTE: Time period.>> Serving consecutive
terms.--Any person who has completed 2 consecutive full
terms of service on the MEP Advisory Board shall
thereafter be ineligible for appointment during the 1-
year period following the expiration of the second such
term.
``(3) Meetings.--The MEP Advisory Board shall--
``(A) meet not less than biannually; and
``(B) <<NOTE: Assessments.>> provide to the
Director--
``(i) advice on the activities, plans, and
policies of the Program;
``(ii) assessments of the soundness of the
plans and strategies of the Program; and
``(iii) assessments of current performance
against the plans of the Program.
``(4) FACA 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 (5 U.S.C. App.).
``(B) Exception.--Section 14 of the Federal Advisory
Committee Act shall not apply to the MEP Advisory Board.
``(5) Annual report.--
``(A) In general.--At a minimum, the MEP Advisory
Board shall transmit an annual report to the Secretary
for transmittal to Congress not later than 30 days after
the submission to Congress of the President's annual
budget under section 1105 of title 31, United States
Code.
``(B) Contents.--The report shall address the status
of the Program and describe 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 (15 U.S.C. 278i).
``(n) Small Manufacturers.--
``(1) Evaluation of obstacles.--As part of the Program, the
Director shall--
``(A) identify obstacles that prevent small
manufacturers from effectively competing in the global
market;
``(B) <<NOTE: Plan.>> implement a comprehensive
plan to train the Centers to address the obstacles
identified in paragraph (2); and
``(C) facilitate improved communication between the
Centers to assist such manufacturers in implementing
appropriate, targeted solutions to the obstacles
identified in paragraph (2).
``(2) <<NOTE: Records.>> Development of open access
resources.--As part of the Program, the Secretary shall develop
open access resources that address best practices related to
inventory sourcing, supply chain management, manufacturing
techniques, available Federal resources, and other topics to
further the competitiveness and profitability of small
manufacturers.''.
[[Page 130 STAT. 3031]]
(c) Competitive Awards Program.--The National Institute of Standards
and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after
section 25 the following:
``SEC. 25A. <<NOTE: 15 USC 278k-1.>> COMPETITIVE AWARDS PROGRAM.
``(a) Establishment.--The Director shall establish within the
Hollings Manufacturing Extension Partnership under section 25 (15 U.S.C.
278k) and section 26 (15 U.S.C. 278l) a program of competitive awards
among participants described in subsection (b) of this section for the
purposes described in subsection (c).
``(b) Participants.--Participants receiving awards under this
section shall be Centers, or a consortium of Centers.
``(c) Purpose, Themes, and Reimbursement.--
``(1) Purpose.--The purpose of the program established under
subsection (a) 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, the MEP
Advisory Board, other Federal agencies, and small and medium-
sized manufacturers.
``(2) Themes.--The Director may identify 1 or more themes
for a competition carried out under this section, which may vary
from year to year, as the Director considers appropriate after
assessing the needs of manufacturers and the success of previous
competitions.
``(3) Reimbursement.--Centers may be reimbursed for costs
incurred by the Centers under this section.
``(d) <<NOTE: Consultation.>> Applications.--Applications for
awards under this section 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.
``(e) Selection.--
``(1) Peer review and competitively awarded.--The Director
shall ensure that awards under this section are peer reviewed
and competitively awarded.
``(2) Geographic diversity.--The Director shall endeavor to
have broad geographic diversity among selected proposals.
``(3) Criteria.--The Director shall select applications to
receive awards that the Director determines will achieve 1 or
more of the following:
``(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.
``(C) Promote the transfer and commercialization of
research and technology from institutions of higher
education, national laboratories or other federally
funded research programs, and nonprofit research
institutes.
``(D) Recruit a diverse manufacturing workforce,
including through outreach to underrepresented
populations, including individuals identified in section
33 or section 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a, 1885b).
``(E) Such other result as the Director determines
will advance the objective set forth in section 25(c)
(15 U.S.C. 278k) or in section 26 (15 U.S.C. 278l).
[[Page 130 STAT. 3032]]
``(f) Program Contribution.--Recipients of awards under this section
shall not be required to provide a matching contribution.
``(g) <<NOTE: Consultation.>> Global Marketplace Projects.--In
making an award under this section, 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.
``(h) Duration.--The duration of an award under this section shall
be for not more than 3 years.
``(i) Definitions.--The terms used in this section have the meanings
given the terms in section 25 (15 U.S.C. 278k).''.
(d) Reports.--
(1) <<NOTE: Consultation. Analysis.>> In general.--Not
later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States, in consultation with
the MEP Advisory Board (as defined in section 25 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k)),
shall submit to the appropriate committees of Congress a report
analyzing--
(A) the effectiveness of the changes in the cost
share to Centers under section 25 of the National
Institute of Standards and Technology Act (15 U.S.C.
278k);
(B) the engagement in services and the
characteristics of services provided by 2 types of
Centers, including volume and type of service; and
(C) whether the cost-sharing ratio has any effect on
the services provided by either type of Center.
(2) Independent assessment.--
(A) <<NOTE: Contracts.>> In general.--Not later
than 3 years after the date of submission of the report
under paragraph (1), the Director of NIST shall contract
with an independent organization to perform an
assessment of the implementation of the reapplication
competition process.
(B) Consultation.--The independent organization
performing the assessment under subparagraph (A) may
consult with the MEP Advisory Board (as defined in
section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k)).
(3) Comparison of centers.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Director shall submit
to the appropriate committees of Congress a report
providing information on the first and second years of
operations for Centers (as defined in section 25 of the
National Institute of Standards and Technology Act (15
U.S.C. 278k)) operating from new competitions or
recompetition as compared to longstanding Centers.
(B) Contents.--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 appropriate committees
of Congress can evaluate whether the cost-sharing ratio
has an effect on the services provided at Centers.
(e) Conforming Amendments.--
(1) Definitions.--Section 2199(3) of title 10, United States
Code, is amended--
[[Page 130 STAT. 3033]]
(A) by striking ``regional center'' and inserting
``manufacturing extension center'';
(B) by inserting ``and best business practices''
before ``referred''; and
(C) by striking ``25(a)'' and inserting ``25(b)''.
(2) Enterprise integration initiative.--Section 3(a) of the
Enterprise Integration Act of 2002 (15 U.S.C. 278g-5(a)) is
amended by inserting ``Hollings'' before ``Manufacturing
Extension Partnership''.
(3) Assistance to state technology programs.--Section 26(a)
of the National Institute of Standards and Technology Act (15
U.S.C. 278l(a)) is amended by striking ``Centers program
created'' and inserting ``Hollings Manufacturing Extension
Partnership''.
(f) <<NOTE: 15 USC 278k note.>> Savings Provisions.--
Notwithstanding the amendments made by subsections (a) and (b) of this
section, the Secretary of Commerce may carry out section 25 of the
National Institute of Standards and Technology Act (15 U.S.C. 278k) as
that section was in effect on the day before the date of enactment of
this Act, with respect to existing grants, agreements, cooperative
agreements, or contracts, and with respect to applications for such
items that are received by the Secretary prior to the date of enactment
of this Act.
(g) <<NOTE: Applicability. 15 USC 278k note.>> Patent Rights.--The
provisions of chapter 18 of title 35, United States Code, shall apply,
to the extent not inconsistent with section 25 of the National Institute
of Standards and Technology Act (15 U.S.C. 278k) and section 25 of that
Act, to the promotion of technology from research by Centers under those
sections, except for contracts for such specific technology extension or
transfer services as may be specified by the Director of NIST or under
other law.
TITLE VI--INNOVATION AND TECHNOLOGY TRANSFER
SEC. 601. <<NOTE: 42 USC 1862s-8.>> INNOVATION CORPS.
(a) Findings.--Congress makes the following findings:
(1) The National Science Foundation Innovation Corps
(referred to in this section as the ``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
National Science Foundation-funded research well beyond the
laboratory.
(2) Through I-Corps, the Foundation invests in
entrepreneurship and commercialization education, training, and
mentoring that can ultimately lead to the practical deployment
of technologies, products, processes, and services that improve
the Nation's competitiveness, promote economic growth, and
benefit society.
(3) 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.
[[Page 130 STAT. 3034]]
(4) By translating federally funded research to a commercial
stage more quickly and efficiently, programs like the I-Corps
create new jobs and companies, help solve societal problems, and
provide taxpayers with a greater return on their investment in
research.
(5) The I-Corps program model has a strong record of success
that should be replicated at all Federal science agencies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) commercialization of federally funded research can
improve the Nation's competitiveness, grow the economy, and
benefit society;
(2) I-Corps is a useful tool in promoting the
commercialization of federally funded research by training
researchers funded by the Foundation in entrepreneurship and
commercialization;
(3) I-Corps should continue to build a network of
entrepreneurs, educators, mentors, and institutions and support
specialized education and training;
(4) researchers other than those funded by the Foundation
may also benefit from the education and training described in
paragraph (3); and
(5) I-Corps should continue to promote a strong innovation
system by investing in and supporting female entrepreneurs
through mentorship, education, and training because they are
historically underrepresented in entrepreneurial fields.
(c) <<NOTE: Grants.>> I-Corps Program.--
(1) In general.--In order to promote a strong, lasting
foundation for the national innovation ecosystem and increase
the positive economic and social impact of federally funded
research, the Director of the Foundation shall set forth
eligibility requirements and carry out a program to award grants
for entrepreneurship and commercialization education, training,
and mentoring.
(2) Expansion of i-corps.--
(A) In general.--The Director--
(i) shall encourage the development and
expansion of I-Corps and other training programs
that focus on professional development, including
education in entrepreneurship and
commercialization; and
(ii) <<NOTE: Contracts.>> may establish an
agreement with another Federal science agency--
(I) to make researchers, students,
and institutions funded by that agency
eligible to participate in the I-Corps
program; or
(II) to assist that agency with the
design and implementation of its own
program that is similar to the I-Corps
program.
(B) Partnership funding.--In negotiating an
agreement with another Federal science agency under
subparagraph (A)(ii), the Director shall require that
Federal science agency to provide funding for--
(i) the training for researchers, students,
and institutions selected for the I-Corps program;
and
(ii) the locations that Federal science agency
designates as regional and national infrastructure
for science and engineering entrepreneurship.
(3) Follow-on grants.--
[[Page 130 STAT. 3035]]
(A) <<NOTE: Consultation.>> In general.--Subject to
subparagraph (B), the Director, in consultation with the
Director of the Small Business Innovation Research
Program, shall make funds available for competitive
grants, including to I-Corps participants, to help
support--
(i) prototype or proof-of-concept development;
and
(ii) such activities as the Director considers
necessary to build local, regional, and national
infrastructure for science and engineering
entrepreneurship.
(B) Limitation.--Grants under subparagraph (A) shall
be limited to participants with innovations that because
of the early stage of development are not eligible to
participate in a Small Business Innovation Research
Program or a Small Business Technology Transfer Program.
(4) State and local partnerships.--The Director may engage
in partnerships with State and local governments, economic
development organizations, and nonprofit organizations to
provide access to the I-Corps program to support
entrepreneurship education and training for researchers,
students, and institutions under this subsection.
(5) Reports.--The Director shall submit to the appropriate
committees of Congress a biennial report on I-Corps program
efficacy, including metrics on the effectiveness of the program.
Each Federal science agency participating in the I-Corps program
or that implements a similar program under paragraph (2)(A)
shall contribute to the report.
(6) Definitions.--In this subsection, the terms ``Small
Business Innovation Research Program'' and ``Small Business
Technology Transfer Program'' have the meanings given those
terms in section 9 of the Small Business Act (15 U.S.C. 638).
SEC. 602. <<NOTE: 42 USC 1862s-9.>> TRANSLATIONAL RESEARCH
GRANTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) commercialization of federally funded research may
benefit society and the economy; and
(2) not-for-profit organizations support the
commercialization of federally funded research by providing
useful business and technical expertise to researchers.
(b) Commercialization Promotion.--The Director of the Foundation
shall continue to award grants on a competitive, merit-reviewed basis to
eligible entities to promote the commercialization of federally funded
research results.
(c) Use of Funds.--Activities supported by grants under this section
may include--
(1) identifying Foundation-sponsored research and
technologies that have the potential for accelerated
commercialization;
(2) supporting prior or current Foundation-sponsored
investigators, institutions of higher education, and non-profit
organizations that partner with an institution of higher
education in undertaking proof-of-concept work, including
development of prototypes of technologies that are derived from
Foundation-sponsored research and have potential market value;
(3) promoting sustainable partnerships between Foundation-
funded institutions, industry, and other organizations
[[Page 130 STAT. 3036]]
within academia and the private sector with the purpose of
accelerating the transfer of technology;
(4) developing multi-disciplinary innovation ecosystems
which involve and are responsive to specific needs of academia
and industry; and
(5) providing professional development, mentoring, and
advice in entrepreneurship, project management, and technology
and business development to innovators.
(d) Eligibility.--
(1) In general.--The following organizations may be eligible
for grants under this section:
(A) Institutions of higher education.
(B) Public or nonprofit technology transfer
organizations.
(C) A nonprofit organization that partners with an
institution of higher education.
(D) A consortia of 2 or more of the organizations
described under subparagraphs (A) through (C).
(2) Lead organizations.--Any eligible organization under
paragraph (1) may apply as a lead organization.
(e) Applications.--An eligible entity seeking a grant under this
section shall submit an application to the Director at such time, in
such manner, and containing such information as the Director may
require.
SEC. 603. OPTICS AND PHOTONICS TECHNOLOGY INNOVATIONS.
(a) Findings.--Congress makes the following findings:
(1) The 1998 National Research Council Report, ``Harnessing
Light'' presented a comprehensive overview on the importance of
optics and photonics to various sectors of the United States
economy.
(2) In 2012, in response to increased coordination and
investment by other nations, the National Research Council
released a follow up study recommending a national photonics
initiative to increase collaboration and coordination among
United States industry, Federal and State government, and
academia to identify and further advance areas of photonics
critical to regaining United States competitiveness and
maintaining national security.
(3) Publicly-traded companies focused on optics and
photonics in the United States enable more than $3 trillion in
revenue annually.
(b) Sense of Congress.--It is the sense of Congress that--
(1) optics and photonics research and technologies promote
United States global competitiveness in industry sectors,
including telecommunications and information technology, energy,
healthcare and medicine, manufacturing, and defense;
(2) Federal science agencies, industry, and academia should
seek partnerships with each other to develop basic research in
optics and photonics into more mature technologies and
capabilities; and
(3) each Federal science agency, as appropriate, should--
(A) survey and identify optics and photonics-related
programs within that Federal science agency and share
results with other Federal science agencies for the
purpose of generating multiple applications and uses;
[[Page 130 STAT. 3037]]
(B) partner with the private sector and academia to
leverage knowledge and resources to maximize
opportunities for innovation in optics and photonics;
(C) explore research and development opportunities,
including Federal and private sector-sponsored
internships, to ensure a highly trained optics and
photonics workforce in the United States;
(D) encourage partnerships between academia and
industry to promote improvement in the education of
optics and photonics technicians at the secondary school
level, undergraduate level, and 2-year college level,
including through the Foundation's Advanced
Technological Education program; and
(E) assess existing programs and explore
alternatives to modernize photonics laboratory equipment
in undergraduate institutions in the United States to
facilitate critical hands-on learning.
SEC. 604. <<NOTE: United States Chief Technology Officer Act. 42
USC 6601 note.>> UNITED STATES CHIEF
TECHNOLOGY OFFICER.
(a) Short Title.--This section may be cited as the ``United States
Chief Technology Officer Act''.
(b) In General.--Section 203 the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6612) is
amended--
(1) by inserting ``(b) Associate Directors.--'' before ``The
President is authorized'' and indenting appropriately;
(2) by inserting ``(a) In General.--'' before ``There shall
be'' and indenting appropriately; and
(3) by adding at the end the following:
``(c) <<NOTE: President. Designation.>> Chief Technology Officer.--
Subject to subsection (b), the President is authorized to designate 1 of
the Associate Directors under that subsection as a United States Chief
Technology Officer.''.
SEC. 605. NATIONAL RESEARCH COUNCIL STUDY ON TECHNOLOGY FOR
EMERGENCY NOTIFICATIONS ON CAMPUSES.
(a) <<NOTE: Deadline. Contracts.>> In General.--Not later than 90
days after the date of enactment of this Act, the Director of the Office
of Science and Technology Policy shall enter into an arrangement with
the National Research Council to conduct and complete a study to
identify and review technologies employed at institutions of higher
education to provide notifications to students, faculty, and other
personnel during emergency situations in accordance with law.
(b) Contents.--The study shall address--
(1) the timeliness of notifications provided by the
technologies during emergency situations;
(2) the durability of the technologies in delivering the
notifications to students, faculty, and other personnel; and
(3) the limitations exhibited by the technologies to
successfully deliver the notifications not more than 30 seconds
after the institution of higher education transmits the
notifications.
(c) <<NOTE: Recommenda- tions.>> Report Required.--Not later than 1
year after the date that the National Research Council enters into the
arrangement under subsection (a), the Director of the Office of Science
and Technology Policy shall submit to Congress a report on the study,
[[Page 130 STAT. 3038]]
including recommendations for addressing any limitations identified
under subsection (b)(3).
Approved January 6, 2017.
LEGISLATIVE HISTORY--S. 3084:
---------------------------------------------------------------------------
SENATE REPORTS: No. 114-389 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 9, considered and passed Senate.
Dec. 16, considered and passed House.
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