America COMPETES Reauthorization Act of2010 and the America COMPETES Act: Selected Policy Issues

Heather B. Gonzalez, Coordinator
Specialist in Science and Technology Policy

John F. Sargent Jr.
Specialist in Science and Technology Policy

Patricia Moloney Figliola
Specialist in Internet and Telecommunications Policy

Enacted in 2007, the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science (COMPETES) Act (P.L. 110-69) is being considered for reauthorization this year. The law responded to concerns about long-term U.S. economic competitiveness and innovative capacity by authorizing increased investments in science, technology, engineering, and mathematics (STEM) education and federal research in the physical sciences and engineering. Statutory authorities for certain America COMPETES Act provisions expire in 2010. 

Two America COMPETES Act reauthorization bills have been introduced in the House: H.R. 5116 and H.R. 5325. Both measures are titled the "America COMPETES Reauthorization Act of 2010." H.R. 5116 was heard on the House floor on May 12 and 13, 2010, but was subsequently recommitted to committee and ultimately pulled from consideration. H.R. 5325, introduced on May 18, 2010, was heard on the House floor on May 19, 2010, under suspension of the rules and failed to garner the required two-thirds vote. H.R. 5325 may come back to the House floor under a rule. Similar legislation has not been introduced in the Senate. 

H.R. 5325 includes the provisions of H.R. 5116 as amended in committee and on the floor, and adopts some of the provisions of the motion to recommit. Although these measures are for the most part identical, one difference between them is the authorization period for appropriations. H.R. 5116 would have authorized appropriations for five years while H.R. 5325 would authorize appropriations for three years. 

As with its predecessor, H.R. 5116, H.R. 5325 builds upon, and differs from, the original America COMPETES Act. Among its many provisions, the bill augments and amends P.L. 110-69's provisions in STEM education and federal research in the physical sciences and engineering. H.R. 5325 seeks to increase the coordination of federal STEM education programs and to improve STEM teaching and learning in higher education. It would also increase authorizations for the National Science Foundation, National Institute of Standards and Technology laboratories, and Department of Energy Office of Science for three years; and would make program changes designed to provide for high-risk, high-reward research, increased collaboration, and commercialization. 

The reauthorization measure would also expand provisions of P.L. 110-69 that sought to increase the participation of underrepresented populations in STEM education and employment, and would reauthorize the National Nanotechnology Initiative and Networking and Information Technology Research and Development program, two federal multi-agency R&D initiatives. 

In both the debates about H.R. 5116 and H.R. 5325 and the evaluation of P.L. 110-69, critics have raised concerns about appropriations. Some critics argue these measures are fiscally unsustainable in the current economic and budgetary environment. Supporters contend existing weaknesses in STEM education and federal research in the physical sciences and engineering threaten the fundamental underpinnings of the economy and therefore justify national investment even in an era of fiscal constraint. 


Date of Report: May 24, 2010
Number of Pages: 18
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The National Nanotechnology Initiative: Overview, Reauthorization, and Appropriations Issues

John F. Sargent Jr.
Specialist in Science and Technology Policy

Nanotechnology—a term encompassing the science, engineering, and applications of submicron materials—involves the harnessing of unique physical, chemical, and biological properties of nanoscale substances in fundamentally new and useful ways. The economic and societal promise of nanotechnology has led to substantial and sustained investments by governments and companies around the world. In 2000, the United States launched the world's first national nanotechnology program. From FY2001 through FY2010, the federal government invested approximately $12.4 billion in nanoscale science, engineering, and technology through the U.S. National Nanotechnology Initiative (NNI). U.S. companies and state governments have invested billions more. President Obama has requested an additional $1.8 billion in NNI funding for FY2011. As a result of this focus and these investments, the United States has, in the view of many experts, emerged as a global leader in nanotechnology. However, the competition for global leadership in nanotechnology is intensifying as countries and companies around the world increase their investments. 

Nanotechnology's complexity and intricacies, early stage of development (with commercial payoff possibly years away for many potential applications), and broad scope of potential applications engender a wide range of public policy issues. Maintaining U.S. technological and commercial leadership in nanotechnology poses a variety of technical and policy challenges, including development of technologies that will enable commercial scale manufacturing of nanotechnology materials and products; environmental, health, and safety (EHS) concerns; and maintenance of public confidence in its safety. 

Congress established programs, assigned responsibilities, and initiated research and development (R&D) related to these issues in the 21st Century Nanotechnology Research and Development Act of 2003 (P.L. 108-153). While many provisions of this act have no sunset provision, FY2008 was the last year of agency authorizations included in the act. Legislation to amend and reauthorize the act was introduced in the House (H.R. 5940, 110th Congress) and the Senate (S. 3274, 110th Congress) in the 110th Congress. Both bills were titled the National Nanotechnology Initiative Amendments Act of 2008. The House passed H.R. 5940 by a vote of 407-6; the Senate did not act on S. 3274. In January 2009, H.R. 554, the National Nanotechnology Initiative Amendments Act of 2009, was introduced in the 111th Congress. The act contains essentially the same provisions as H.R. 5940 (110th Congress). In February 2009, the House passed the bill by voice vote under a suspension of the rules. The bill was referred to the Senate Committee on Commerce, Science, and Transportation; no further action has been taken. On May 7, 2010, the House Committee on Science and Technology reported the America COMPETES Reauthorization Act of 2010 (H.R. 5116) which includes, as Title I, Subtitle A, the National Nanotechnology Initiative Amendments Act of 2010. Provisions of this subtitle are nearly identical to the provisions of H.R. 554. 

Proponents of the NNI assert that nanotechnology is one of the most important emerging and enabling technologies and that U.S. competitiveness, technological leadership, national security, and societal interests require an aggressive approach to the development and commercialization of nanotechnology. Critics of the NNI voice concerns that reflect disparate underlying beliefs. Some critics assert that the government is not doing enough to move technology from the laboratory into the marketplace. Others argue that the magnitude of the public investment may skew what should be market-based decisions in research, development, and commercialization. Still other critics say that the inherent risks of nanotechnology are not being addressed in a timely or effective manner.


Date of Report: May 13, 2010
Number of Pages: 53
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America COMPETES Reauthorization Act of2010 (H.R. 5116) and the America COMPETES Act (P.L. 110-69): Selected Policy Issues

Heather B. Gonzalez, Coordinator
Specialist in Science and Technology Policy

John F. Sargent Jr.
Specialist in Science and Technology Policy

Patricia Moloney Figliola
Specialist in Internet and Telecommunications Policy

On August 9, 2007, President George W. Bush signed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science (COMPETES) Act (P.L. 110-69) into law. The law responded to concerns about long-term U.S. economic competitiveness and innovative capacity by authorizing increased investments in science, technology, engineering, and mathematics (STEM) education and federal research in the physical sciences and engineering. Statutory authorities for certain America COMPETES Act provisions expire in 2010 and work on reauthorization has begun in both chambers of Congress. On May 12 and 13, 2010, the House debated the America COMPETES Reauthorization Act of 2010 (H.R. 5116), voted on a series of amendments, and voted to recommit the bill to committee. Further House action on the measure was postponed immediately after the motion to recommit passed and the bill was eventually pulled from consideration. Similar legislation has not been introduced in the Senate yet. 

H.R. 5116 builds upon, and differs from, P.L. 110-69. Among H.R. 5116's many provisions and titles, it augments and amends P.L. 110-69's provisions in STEM education and federal research in the physical sciences and engineering. H.R. 5116 includes new provisions that seek to increase coordination among federal STEM education programs and that seek to improve STEM teaching and learning in higher education. It would also increase authorizations for the National Science Foundation, National Institute of Standards and Technology laboratories, and Department of Energy Office of Science for a period of five years; and would make program changes that seek to provide for high-risk, high-reward research, and increased collaboration and commercialization. 

H.R. 5116 would also expand provisions of P.L. 110-69 that sought to increase the participation of underrepresented populations in STEM education and employment, and would reauthorize the National Nanotechnology Initiative and Networking and Information Technology Research and Development program, two federal multi-agency R&D initiatives. 

In both the debate about H.R. 5116 and evaluation of P.L. 110-69 critics have raised concerns about appropriations. They argue the bill is fiscally unsustainable in the current economic and budgetary environment. Supporters contend existing weaknesses in STEM education and federal research in the physical sciences and engineering threaten the fundamental underpinnings of the economy and therefore justify national investment even in an era of fiscal constraint. 

This report provides background information on P.L. 110-69 and H.R. 5116 and analyzes four policy issues addressed by both measures: (1) STEM Education, (2) Federal Research Programs and Activities, (3) Broadening Participation, and (4) Funding. It also discusses selected policy concerns identified in the debate about U.S. competitiveness and describes how H.R. 5116 responds to those concerns. It contains a description of federal multi-agency research and development initiatives that are included in H.R. 5116 but not found in P.L. 110-69. This report does not attempt to address all provisions of H.R. 5116 or to project likely outcomes from its provisions. 


Date of Report: May 13, 2010
Number of Pages: 17
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Access to Broadband Networks: The Net Neutrality Debate

Angele A. Gilroy
Specialist in Telecommunications Policy

As congressional policymakers continue to debate telecommunications reform, a major point of contention is the question of whether action is needed to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and non-discriminatory treatment, is referred to as "net neutrality." There is no single accepted definition of "net neutrality." However, most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network. 

A major focus in the debate over telecommunications reform is concern over whether it is necessary for policymakers to take steps to ensure access to the Internet for content, services, and applications providers, as well as consumers, and if so, what these steps should be. Some policymakers contend that more specific regulatory guidelines may be necessary to protect the marketplace from potential abuses which could threaten the net neutrality concept. Others contend that existing laws and Federal Communications Commission (FCC) policies are sufficient to deal with potential anti-competitive behavior and that additional regulations would have negative effects on the expansion and future development of the Internet. An April 2010 court ruling in FCC v. Comcast that vacated the FCC's application of its Internet principles in an order against Comcast has focused attention on the issue. Although most concede that networks have and will always need some management, the use of prioritization tools, such as deep packet inspection, as well as the initiation of metered/consumption-based billing practices have further fueled the debate. 

A consensus on this issue has not yet formed, but one stand-alone measure (H.R. 3458) that comprehensively addresses the net neutrality debate has been introduced in the 111th Congress to date. Two bills (S. 1836, H.R. 3924) to prohibit, with some exceptions, the FCC from proposing, promulgating, or issuing any further regulations regarding the Internet or IP-enabled services, were introduced in response to the adoption, by the FCC, of a notice of proposed rulemaking (NPR) seeking comment on proposed rules to, among other things, codify and expand on rules to "preserve the open Internet." The net neutrality issue has also been narrowly addressed within the context of the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5). Provisions require the National Telecommunications and Information Administration (NTIA), in consultation with the FCC, to establish "nondiscrimination and network interconnection obligations" as a requirement for grant participants in the Broadband Technology Opportunities Program (BTOP). These obligations were released, July 1, 2009, in conjunction with the issuance of a notice of funds availability soliciting applications. The ARRA also required the FCC to submit a report, containing a national broadband plan, to both the House and Senate Commerce Committees; it was released on March 16, 2010. Furthermore, legislation (H.R. 2902) authorizing the Federal Trade Commission, in consultation with the FCC, to review volume usage service plans offered by broadband providers was introduced June 16, 2009.


Date of Report: May 6, 2010
Number of Pages: 16
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United States Fire Administration: An Overview

Lennard G. Kruger
Specialist in Science and Technology Policy

The U.S. Fire Administration (USFA)—which includes the National Fire Academy (NFA)—is currently an entity within the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS). The objective of the USFA is to significantly reduce the nation's loss of life from fire, while also achieving a reduction in property loss and non-fatal injury due to fire. The United States Fire Administration Reauthorization Act of 2008 (H.R. 4847/S. 2606) was signed into law on October 8, 2008 (P.L. 110-376). 

P.L. 111-83, the FY2010 Department of Homeland Security appropriations bill, provided $45.588 million for USFA, the same level as the Administration's proposal. The Administration's FY2011 budget proposal requested $45.930 million for USFA, an increase of 0.7% from the FY2010 level. 

In the 111th Congress, debate over the USFA budget focuses on whether the USFA is receiving sufficient funding to accomplish its mission, given that appropriations for USFA have consistently been well below the agency's authorized level. An ongoing issue is the viability and status of the USFA and National Fire Academy within the Department of Homeland Security.


Date of Report: May 3, 2010
Number of Pages: 9
Order Number: RS20071
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