H. Res. 1344: H.R. 5116 - America COMPETES Reauthorization Act of 2010

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday, May 11, 2010.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 243-177 on Wednesday, May 12, 2010.  

MANAGERS:Perlmutter/Diaz-Balart

111th Congress 
2nd Session

H.RES 1344

[Report No. 111-479]

 

 

H.R. 5116 - America COMPETES Reauthorization Act of 2010

1.

Structured rule. 

2.

Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.

3.

Provides 1 hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Science and Technology.

4.

Provides that the amendment in the nature of a substitute recommended by the Committee on Science and Technology modified by the amendment printed in part A of the Rules Committee report shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5.

Waives all points of order against the amendment in the nature of a substitute except those arising under clause 10 of rule XXI. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

6.

No amendments shall be in order except those amendments printed in part B of the Rules Committee report and the amendments en bloc described in section 3.  Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7.

Waives all points of order against the amendments printed in part B of the report or amendments en bloc except those arising under clause 9 or 10 of rule XXI.

8.

Provides that the chair of the Committee on Committee on Science and Technology or his designee may offer amendments en bloc consisting of amendments printed in part B of the Rules Committee report not earlier disposed of. Amendments en bloc shall be considered as read, shall be debatable for 40 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Committee on Science and Technology or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question. The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.

9.

Provides one motion to recommit with or without instructions.

10.

Provides that the Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Science and Technology or his designee.

11.

Provides that the Chair may not entertain a motion to strike out the enacting words of the bill.

 

 

 

RESOLUTION

 

 

 

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5116) to invest in innovation through research and development, to improve the competitiveness of the United States, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Science and Technology. After general debate the bill shall be considered for amendment under the five-minute rule.

Sec. 2. (a) It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Science and Technology now printed in the bill modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI. (b) Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 3 of this resolution. (c) Each amendment printed in part B of the report of the Committee on Rules may be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. (d) All points of order against amendments printed in part B of the report of the Committee on Rules or amendments en bloc described in section 3 of this resolution are waived except those arising under clause 9 or 10 of rule XXI.

Sec. 3. It shall be in order at any time for the chair of the Committee on Science and Technology or his designee to offer amendments en bloc consisting of amendments printed in part B of the report of the Committee on Rules accompanying this resolution not earlier disposed of. Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 40 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Science and Technology or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question. The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.

Sec. 4. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 5. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Science and Technology or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

 

SUMMARY OF AMENDMENT IN PART A PROPOSED TO BE CONSIDERED AS ADOPTED

 

 

 

 

Strikes section 407 and excludes medical research from section 609.

 

 

 

 

Text of Part A

 

 

 

 

 

SUMMARY OF AMENDMENTS IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

 

Sponsor

Description

Debate Time

1. Gordon (TN)

(REVISED) Would make technical and clarifying changes to the bill. Would also amend Section 243 (“Robert Noyce Teacher Scholarship Program”) and Section 702 (“Persons with Disabilities), and add new Sections 412 (“Report On the Use of Modeling and Simulation”) and Section 704 (“Budgetary Effects”), Section 705 (“Limitation”), and Section 706 (“Prohibition on Lobbying”), among other changes.

(40 minutes)

2. Cardoza (CA)

Would instruct the NIST Director to carry out a green manufacturing and construction initiative that develops an understanding of sustainability in manufacturing and shares that information with manufacturers so that they can adopt the best sustainable manufacturing practices.

(10 minutes)

3. Matsui (CA)

Would ensure that Smart Grid technologies are included in the list of research, development, demonstration, and commercial application activities that may be undertaken by a DOE Energy Innovation Hub.

(10 minutes)

4. Matsui (CA)

Would ensure that the development of new smart grid technologies are an important part of the Office of Science's research activities as it continues to strengthen its collaborations with the rest of DOE to accelerate the advancement of new energy technologies.

(10 minutes)

5. Wu (OR)

Would require ARPA-E to make awards designed to overcome the long-term and high-risk barriers relating to its goals and to facilitate submission, where possible by small businesses and entrepreneurs, of funding opportunities.

(10 minutes)

6. Broun (GA)

Would strike title V of the bill (Innovation).

(10 minutes)

7. Boswell (IA), Michaud (ME)

Would ensure that biomass technology systems and related courses are included in the list of fields that would be encompassed by the energy systems science and engineering education programs.

(10 minutes)

8. Davis, Danny K. (IL), Grijalva, Raul (AZ), Honda (CA), Kildee (MI)

Would ensure that students enrolled in two-year, certificate, associate, or baccalaureate programs are eligible for STEM programs. It also would call for a report of agency approaches to increase minority participation in STEM careers.

(10 minutes)

9. Kanjorski (PA)

Would permit a Regional Innovation Center to use funding for interacting with the general public and state and local governments in order to meet the goals of the cluster.

(10 minutes)

10. Markey, Edward (MA)

(REVISED) Would establish a program to support the development and commercial application of clean energy technologies through a Clean Energy Consortium selected competitively by the Secretary of Energy. The Consortium would be regionally based and include research universities, national labs, industry, and other state and nongovernmental organizations with research or technology transfer expertise in clean energy technology. The Consortium would have a technology focus to which at least 50 percent of support would be directed. The grant to establish and operate the Consortium is for an amount not more than $10,000,000 per year and is for a period not to exceed 3 years.

(10 minutes)

11. McCarthy, Carolyn (NY)

(REVISED) Would ensure that any assessments and studies on improving emergency communications build upon conclusions made in existing reports on the matter.

(10 minutes)

12. Miller, George (CA)

Would require public institutions of higher education, with respect to employees who are represented by labor organizations and who work on activities or programs supported by this Act, to maintain a policy to respond to union information requests, for information to which the union is legally entitled, on a timely basis in order to be eligible to receive facilities and administrative costs provided by any of the funding sources authorized by this Act. Failure to comply with such a policy would result in suspension of payments to the institution for facilities and administrative costs until compliance is achieved.

(10 minutes)

13. Reyes (TX), Connolly (VA)

Would require the STEM coordinating committee under OSTP to describe the approaches that will be taken by each agency to conduct outreach designed to promote widespread public understanding of career opportunities in the STEM fields. It also requires the establishment and maintenance of a publicly accessible online database of all federally sponsored STEM education programs.

(10 minutes)

14. Sanchez, Loretta (CA)

(REVISED) Would include the membership of elementary school and secondary school administrator associations to the President's Advisory Committee on STEM Education.

(10 minutes)

15. Bishop, Tim (NY)

(REVISED) Would direct the National Institute of Standards and Technology to develop, or assist in the development of, reference materials, standards, instruments and measurement methods for nanomaterials and derived products. The amendment also calls on NIST to develop data to support the correlation of properties of nanomaterials to any environmental, health, or safety risks.

(10 minutes)

16. Barrow (GA)

Would require the inclusion of manufacturing education and training in the strategic plan developed by Federal agencies.

(10 minutes)

17. Carney (PA)

Would require the National Science Foundation to conduct outreach encouraging rural colleges and private sector entities in rural areas to participate in the internship grant program.

(10 minutes)

18. Clarke (NY)

Would ensure that STEM evidence-based education programs increase participation by women and underrepresented minority students.

(10 minutes)

19. Cohen (TN)

Would express a Sense of Congress encouraging the incorporation of an engineering curriculum in K-12 schools.

(10 minutes)

20. Cuellar (TX)

(REVISED) Would direct the Director of the National Science Foundation to conduct outreach efforts to encourage applications from underrepresented groups.

(10 minutes)

21. Gingrey (GA)

(REVISED) Would direct the National Science Foundation to establish the Green Chemistry Basic Research and Development program and provide merit-based grants to support green chemistry applications. Green chemistry is chemistry that involves the design of chemical products and processes that reduce or eliminate the use or generation of hazardous substances, and it focuses on preventing pollution and waste from forming in the first place.

(10 minutes)

22. Herseth Sandlin (SD)

Would urge NSF to respond to the recommendations of the National Academy of Sciences and National Science and Technology Council regarding investments in facilities, and to make joint investments with the Department of Energy where possible.

(10 minutes)

23. Holt (NJ), Kind (WI), Murphy, Scott (NY)

Would require the Director of the White House Office of Science and Technology Policy to submit to Congress a national competitiveness and innovation strategy. The strategy must include suggested legislative and executive branch actions and a proposal for metric-based evaluation of improvements in U.S. competitiveness and innovation.

(10 minutes)

24. Holt (NJ), Ehlers (MI)

(REVISED) Would express the Sense of Congress that peer review is an important part of ensuring the integrity of scientific research and that in developing public access policies, the National Science and Technology working group established under this section should take into account the role of scientific publishers in the peer review process.

(10 minutes)

25. Honda (CA)

(REVISED) Would coordinate federal STEM education programs with the work being done by state-level P-16 and P-20 councils to coordinate, integrate, and improve education throughout all grade levels and the common core standards being developed by the states by adding facilitating improved coordination between these efforts as one of the responsibilities of the Advisory Committee on STEM Education created in the bill.

(10 minutes)

26. Issa (CA)

(REVISED) Would strike Section 124, "Fulfilling the Potential of Academic Women in Academic Science and Engineering."

(10 minutes)

27. Jackson-Lee (TX)

Would require the STEM Industry Internship Program report to include an economic and ethnic breakdown of the participating students.

(10 minutes)

28. Marshall (GA)

Would direct the Office of Innovation and Entrepreneurship to consider the needs of rural communities and small businesses when strengthening the collaboration on and coordination of policies relating to innovation and commercialization of new technologies within the Department of Commerce and between the Department of Commerce and other Federal agencies.

(10 minutes)

29. Michaud (ME)

Would prioritize the needs of challenges of small businesses in the Regional Innovation Program's inter-agency collaboration.

(10 minutes)

30. Michaud (ME)

(REVISED) Would direct the Secretary to prioritize communities impacted by trade when awarding Regional Innovation Cluster grants.

(10 minutes)

31. Michaud (ME)

(REVISED) Requires the Advisory Committee on STEM Education to consider the needs of rural schools.

(10 minutes)

32. Ruppersberger (MD)

Would clarify the eligibility of the Noyce scholarship to include retired STEM professionals.

(10 minutes)

33. Ruppersberger (MD)

(REVISED) Would direct the Director of the National Science Foundation to use cyber-enabled-learning to create an innovative STEM workforce and/or to retrain and retain our current STEM workforce to address critical national and economic issues.

(10 minutes)

34. Boccieri (OH), Schauer (MI), Davis, Lincoln (TN), Donnelly (IN)

Would increase the authorization level for funding for Federal Loan Guarantees for Innovative Technologies in Manufacturing from $50 million to $100 million.

(10 minutes)

35. Childers (MS)

(REVISED) Would require the NIST Director to carry out a disaster resilient buildings and infrastructure program.

(10 minutes)

36. Chu (CA)

Would clarify that one purpose of the Innovation through Institutional Integration grant program is to help under-represented students in STEM fields transition from 2-year institutions to 4-year institutions of higher education.

(10 minutes)

37. Ellsworth (IN)

Would ensure funds would not be used to purchase gift items, knickknacks, souvenirs, trinkets, or other items without direct educational value.

(10 minutes)

38. Halvorson (IL)

Would require the Director of the National Science Foundation to give consideration to the goal of promoting the participation of veterans in the postdoctoral research fellowship program established by section 246 (Postdoctoral research fellowships).

(10 minutes)

39. Hare (IL)

Would declare that it is the sense of Congress that when more than one applicant applies for STEM education programs or activities authorized under the COMPETES Act and are considered equal in merit, that the grant making authority shall give additional consideration to the applicant who has not previously received funding and those institutions of higher education in rural areas.

(10 minutes)

40. Heinrich (NM)

Would add science parks and federal laboratories as eligible recipients for the "Regional Innovation Program."

(10 minutes)

41. Heinrich (NM)

Would allow the Secretary of Energy to establish an online database of unclassified technologies and capabilities available at national laboratories for the purpose of commercial application.

(10 minutes)

42. Kissell, Larry (NC)

Would require the Secretary to consider the amount of the obligation when determining application fees for the newly established Innovative Technologies in Manufacturing Loan Guarantee Program.

(10 minutes)

43. Klein, Ron (FL)

(REVISED) Would instruct the director of the Hollings Manufacturing Extension Partnership (MEP) within NIST to evaluate obstacles unique to small manufacturers that prevent them from effectively competing in the global market, and design a comprehensive plan to support MEP centers in meeting the needs of these small manufacturers. The director shall also work to facilitate greater collaboration between centers on small manufacturers’ needs.

(10 minutes)

44. Kratovil (MD), Connolly (VA)

(REVISED) Would encourage employees of Federal agencies to volunteer in STEM education activities.

(10 minutes)

45. McNerney (CA)

Would add marine and hydrokinetic technology systems to the list of energy efficiency and renewable energy technology systems that would be included in the Department of Energy STEM education initiatives authorized under the section.

(10 minutes)

46. Minnick (ID)

Would require the President's Advisory Panel on STEM Education to coordinate with state and local workforce programs to better meet their needs.

(10 minutes)

47. Moore, Gwen (WI)

Would expand the bill’s proposed climate and environmental science research of the Earth's atmosphere and biosphere to include the Great Lakes in addition to oceans.

(10 minutes)

48. Murphy, Patrick (PA), Altmire (PA)

Would include in the list of STEM education programs and activities at the Department of Energy a competitive grant program for colleges and universities, including 2 year colleges, to create or expand courses and degree programs in the areas of energy systems science and engineering.

(10 minutes)

49. Perriello (VA)

Would provide that the President's advisory committee on STEM can provide advice to Federal agencies including through the section 301 interagency committee.

(10 minutes)

50. Quigley (IL), Flake, Jeff (AZ)

Would express the sense of Congress that retaining graduate-level talent trained at American universities in STEM fields is critical to enhancing the competitiveness of American businesses.

(10 minutes)

51. Salazar (CO)

(REVISED) Would provide Department of Energy with the authority to conduct training for energy auditors, field technicians, and building contractors so they can understand and promote the use of renewable energy and energy efficiency technology.

(10 minutes)

52. Schock (IL)

(REVISED) Would instruct the Secretary of Commerce to give priority to innovation clusters that partner with local Workforce Investment Area Boards.

(10 minutes)

53. Space (OH)

Would instruct the Director of NIST to carry out a program to support research into transformational manufacturing.

(10 minutes)

54. Titus (NV)

Would clarify that both pre-service and in-service teacher training and professional development shall be considered when identifying grand challenges in pre-K-12 STEM education.

(10 minutes)