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Title of Law:National Defense Authorization Act for Fiscal Year 2012
Law #:Public Law 112- 81
Passed by Congress:112th Congress (1st Session)

The following are excerpts, highlighted in red, from the final legislation and/or conference report which contain references to and studies for The National Academies. (Pound signs [##] between passages denote the deletion of unrelated text.)

HR1540 McKeon (R-Calif.) 12/15/11
Enrolled (finally passed both houses)
To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
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SUBTITLE C—OVERSIGHT AND EVALUATION

Sec. 5131. Streamlining annual evaluation requirements.
Sec. 5132. Data collection from agencies for SBIR.
Sec. 5133. Data collection from agencies for STTR.
Sec. 5134. Public database.
Sec. 5135. Government database.
Sec. 5136. Accuracy in funding base calculations.

Sec. 5137. Continued evaluation by the National Academy of Sciences.

Sec. 5138. Technology insertion reporting requirements.
Sec. 5139. Intellectual property protections.
Sec. 5140. Obtaining consent from SBIR and STTR applicants to release contact information to economic development organizations.
Sec. 5141. Pilot to allow funding for administrative, oversight, and contract processing costs.
Sec. 5142. GAO study with respect to venture capital operating company, hedge fund, and private equity firm involvement.
Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud, waste, and abuse.
Sec. 5144. Simplified paperwork requirements.

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DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

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Subtitle C—Reports

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SEC. 3125. REVIEW AND ANALYSIS OF NUCLEAR WASTE REPROCESSING AND NUCLEAR REACTOR TECHNOLOGY.

(a) Study Required.—The Secretary of Energy, in consultation with the Administrator for Nuclear Security and the Secretary of Defense, as needed, shall conduct a study on waste reprocessing and Generation IV nuclear reactor technology.

(b) Elements.—The study required under subsection (a) shall include—

(1) a review of previous studies conducted by the Department of Energy and the National Academy of Sciences related to the subject of nuclear waste reprocessing and the use of mixed oxide fuel in nuclear reactors, including Generation IV reactors, as a point of reference;

(2) a determination of the waste streams resulting from reprocessing and the use of mixed oxide fuel;

(3) an analysis of the nuclear proliferation risks of reprocessing and using mixed oxide fuel in nuclear reactors, including effects on the nuclear nonproliferation efforts of the United States;

(4) a comparison of the costs and proliferation risks of nuclear waste reprocessing technologies used in other countries and a comparison to the costs and risks of direct disposal of nuclear waste; and

(5) an analysis, in coordination with the Secretary of Defense, of the feasibility of deploying proven Generation IV reactors or other nuclear technology that could use mixed oxide fuel at military installations.

(c) Report Required.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the appropriate congressional committees a report on the study required under subsection (a).

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Foreign Relations of the Senate.

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TITLE LI—SBIR AND STTR REAUTHORIZATION

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Subtitle C—Oversight and Evaluation

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SEC. 5137. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF SCIENCES.

Section 108 of the Small Business Reauthorization Act of 2000 (15 U.S.C. 638 note) is amended by adding at the end the following:

“(e) Extensions and Enhancements of Authority.—

“(1) IN GENERAL.—Not later than 6 months after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, the head of each agency described in subsection (a), in consultation with the Small Business Administration, shall cooperatively enter into an agreement with the National Academy of Sciences for the National Research Council to, not later than 4 years after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, and every 4 years thereafter—

“(A) continue the most recent study under this section relating to the issues described in subparagraphs (A), (B), (C), and (E) of subsection (a)(1);

“(B) conduct a comprehensive study of how the STTR program has stimulated technological innovation and technology transfer, including—

“(i) a review of the collaborations created between small businesses and research institutions, including an evaluation of the effectiveness of the program in stimulating new collaborations and any obstacles that may prevent or inhibit the creation of such collaborations;

“(ii) an evaluation of the effectiveness of the program at transferring technology and capabilities developed through Federal funding;

“(iii) to the extent practicable, an evaluation of the economic benefits achieved by the STTR program, including the economic rate of return;

“(iv) an analysis of how Federal agencies are using small businesses that have completed Phase II under the STTR program to fulfill their procurement needs;

“(v) an analysis of whether additional funds could be employed effectively by the STTR program; and

“(vi) an assessment of the systems and minimum performance standards relating to commercialization success established under section 9(qq) of the Small Business Act;

“(C) make recommendations with respect to the issues described in subparagraphs (A), (D), and (E) of subsection (a)(2) and subparagraph (B) of this paragraph; and

“(D) estimate, to the extent practicable, the number of jobs created by the SBIR program or STTR program of the agency.

“(2) CONSULTATION.—An agreement under paragraph (1) shall require the National Research Council to ensure that there is participation by and consultation with the small business community, the Administration, and other interested parties as described in subsection (b).

“(3) REPORTING.—An agreement under paragraph (1) shall require that not later than 4 years after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, and every 4 years thereafter, the National Research Council shall submit to the head of the agency entering into the agreement, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, a report regarding the study conducted under paragraph (1) and containing the recommendations described in paragraph (1).”.

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HRpt 112-329, Part 1 - To accompany H.R. 1540 – To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes,
Conference Committee
(12/12/11)
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Sec. 5137. Continued evaluation by the National Academy of Sciences.

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DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

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SUBTITLE C—REPORTS

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SEC. 3125. REVIEW AND ANALYSIS OF NUCLEAR WASTE REPROCESSING AND NUCLEAR REACTOR TECHNOLOGY.

(a) Study Required.—The Secretary of Energy, in consultation with the Administrator for Nuclear Security and the Secretary of Defense, as needed, shall conduct a study on waste reprocessing and Generation IV nuclear reactor technology.

(b) Elements.—The study required under subsection (a) shall include—

(1) a review of previous studies conducted by the Department of Energy and the National Academy of Sciences related to the subject of nuclear waste reprocessing and the use of mixed oxide fuel in nuclear reactors, including Generation IV reactors, as a point of reference;

(2) a determination of the waste streams resulting from reprocessing and the use of mixed oxide fuel;

(3) an analysis of the nuclear proliferation risks of reprocessing and using mixed oxide fuel in nuclear reactors, including effects on the nuclear nonproliferation efforts of the United States;

(4) a comparison of the costs and proliferation risks of nuclear waste reprocessing technologies used in other countries and a comparison to the costs and risks of direct disposal of nuclear waste; and

(5) an analysis, in coordination with the Secretary of Defense, of the feasibility of deploying proven Generation IV reactors or other nuclear technology that could use mixed oxide fuel at military installations.

(c) Report Required.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the appropriate congressional committees a report on the study required under subsection (a).

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term “appropriate congressional committees” means—

(A) the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Foreign Relations of the Senate.

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TITLE LI—SBIR AND STTR REAUTHORIZATION

######

SUBTITLE C—OVERSIGHT AND EVALUATION

######

SEC. 5137. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF SCIENCES.

Section 108 of the Small Business Reauthorization Act of 2000 (15 U.S.C. 638 note) is amended by adding at the end the following:

“(e) Extensions and Enhancements of Authority.—

“(1) IN GENERAL.—Not later than 6 months after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, the head of each agency described in subsection (a), in consultation with the Small Business Administration, shall cooperatively enter into an agreement with the National Academy of Sciences for the National Research Council to, not later than 4 years after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, and every 4 years thereafter—

“(A) continue the most recent study under this section relating to the issues described in subparagraphs (A), (B), (C), and (E) of subsection (a)(1);

“(B) conduct a comprehensive study of how the STTR program has stimulated technological innovation and technology transfer, including—

“(i) a review of the collaborations created between small businesses and research institutions, including an evaluation of the effectiveness of the program in stimulating new collaborations and any obstacles that may prevent or inhibit the creation of such collaborations;

“(ii) an evaluation of the effectiveness of the program at transferring technology and capabilities developed through Federal funding;

“(iii) to the extent practicable, an evaluation of the economic benefits achieved by the STTR program, including the economic rate of return;

“(iv) an analysis of how Federal agencies are using small businesses that have completed Phase II under the STTR program to fulfill their procurement needs;

“(v) an analysis of whether additional funds could be employed effectively by the STTR program; and

“(vi) an assessment of the systems and minimum performance standards relating to commercialization success established under section 9(qq) of the Small Business Act;

“(C) make recommendations with respect to the issues described in subparagraphs (A), (D), and (E) of subsection (a)(2) and subparagraph (B) of this paragraph; and

“(D) estimate, to the extent practicable, the number of jobs created by the SBIR program or STTR program of the agency.

“(2) CONSULTATION.—An agreement under paragraph (1) shall require the National Research Council to ensure that there is participation by and consultation with the small business community, the Administration, and other interested parties as described in subsection (b).

“(3) REPORTING.—An agreement under paragraph (1) shall require that not later than 4 years after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, and every 4 years thereafter, the National Research Council shall submit to the head of the agency entering into the agreement, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, a report regarding the study conducted under paragraph (1) and containing the recommendations described in paragraph (1).”.

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LEGISLATIVE PROVISIONS NOT ADOPTED

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DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

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SUBTITLE C—REPORTS

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Review and analysis of nuclear waste reprocessing and nuclear reactor technology (sec. 3125)

The House bill contained a provision (sec. 3125) that would require the Administrator for Nuclear Security to enter into an agreement with the National Academy of Sciences (NAS) to conduct a study on waste reprocessing and Generation IV reactor technologies. The study would include a review of previous studies on waste reprocessing and a determination on the feasibility of using nuclear reactor technology, including Generation IV reactor technology developed at certain sites, to reprocess and reuse nuclear materials in a proliferation-resistant manner while generating electricity. The report would also determine the waste streams from such reactors and analyze the proliferation risks of these waste streams, including their effects on nuclear nonproliferation efforts of the United States. In addition, the study would compare using Generation IV reactors for reprocessing with nuclear waste reprocessing technologies used in other countries and with direct waste disposal. Finally, the study would conduct a detailed analysis of large-scale deployment of such reactor technology at military installations. The Administrator would be required to submit the report transmitted from the NAS no later than 18 months after the date of enactment of this Act.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the Secretary of Energy, in consultation with the Administrator for Nuclear Security and the Secretary of Defense (as needed), to conduct a study on nuclear waste processing and Generation IV reactor technology. The study would include a review of prior studies conducted by the Department of Energy and the NAS related to nuclear waste reprocessing and the use of mixed oxide fuel in reactors, including Generation IV reactors. The study would determine the waste streams from reprocessing and the use of mixed oxide fuel, analyze the nuclear nonproliferation risks of reprocessing and using mixed oxide fuel, and compare the costs and proliferation risks of nuclear waste reprocessing technologies used in other countries with direct disposal. The provision would also require the Secretary of Energy, in coordination with the Secretary of Defense, to analyze the feasibility of deploying Generation IV reactors or other nuclear reactors using mixed oxide fuel at military installations. The report would be due 180 days after date of enactment of this Act.

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