Robert C. Byrd Honors Scholarship Program

Subpart 6 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070d–31 et seq.) is amended to read as follows:

Robert C. Byrd American Competitiveness Program

419A.

Robert C. Byrd mathematics and science honors scholarship program

(a)

Purpose

The purpose of this section is to award scholarships to students who are enrolled in studies leading to baccalaureate and advanced degrees in physical, life, or computer sciences, mathematics, and engineering. (b)

Definitions

As used in this section— (1)the term computer science means the branch of knowledge or study of computers, including such fields of knowledge or study as computer hardware, computer software, computer engineering, information systems, and robotics; (2)the term critical foreign language includes the languages of Arabic, Korean, Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, Russian, Portuguese, and any other language identified by the Secretary of Education, in consultation with the Defense Language Institute, the Foreign Service Institute, and the National Security Education Program, as a critical foreign language need; (3)the term eligible student means a student who— (A)is a citizen of the United States; (B)is selected by the managing agent to receive a scholarship; (C)is enrolled full-time in an institution of higher education, other than a United States service academy; and (D)has shown a commitment to and is pursuing a major in studies leading to a baccalaureate, masters, or doctoral degree (or a combination thereof) in physical, life, or computer sciences, mathematics, or engineering; (4)the term engineering means the science by which the properties of matter and the sources of energy in nature are made useful to humanity in structures, machines, and products, as in the construction of engines, bridges, buildings, mines, and chemical plants, including such fields of knowledge or study as aeronautical engineering, chemical engineering, civil engineering, electrical engineering, industrial engineering, materials engineering, manufacturing engineering, and mechanical engineering; (5)the term life sciences means the branch of knowledge or study of living things, including such fields of knowledge or study as biology, biochemistry, biophysics, microbiology, genetics, physiology, botany, zoology, ecology, and behavioral biology, except that the term does not encompass social psychology or the health professions; (6)the term managing agent means an entity to which an award is made under subsection (c) to manage a program of Mathematics and Science Honors Scholarships; (7)the term mathematics means the branch of knowledge or study of numbers and the systematic treatment of magnitude, relationships between figures and forms, and relations between quantities expressed symbolically, including such fields of knowledge or study as statistics, applied mathematics, and operations research; and (8)the term physical sciences means the branch of knowledge or study of the material universe, including such fields of knowledge or study as astronomy, atmospheric sciences, chemistry, earth sciences, ocean sciences, physics, and planetary sciences. (c)

Award

(1)(A)From funds authorized under section 419F to carry out this section, the Secretary is authorized, through a grant or cooperative agreement, to make an award to a private, non-profit organization, other than an institution of higher education or system of institutions of higher education, to manage, through a public and private partnership, a program of Mathematics and Science Honors Scholarships under this section. (B)The award under subparagraph (A) shall be for a five-year period. (2)(A)One hundred percent of the funds awarded under paragraph (1)(A) for any fiscal year shall be obligated and expended solely on scholarships to eligible students. (B)No Federal funds shall be used to provide more than 50 percent of the cost of any scholarship to an eligible student. (C)The maximum scholarship award shall be the difference between an eligible student’s cost of attendance minus any non-loan based aid such student receives. (3)(A)The secretary may establish— (i)eligibility criteria for applicants for managing agent, including criteria regarding financial and administrative capability; and (ii)operational standards for the managing agent, including management and performance requirements, such as audit, recordkeeping, record retention, and reporting procedures and requirements. (B)The Secretary, as necessary, may review and revise any criteria, standards, and rules established under this paragraph and, through the agreement with the managing agent, see that any revisions are implemented. (4)If the managing agent fails to meet the requirements of this section the Secretary may terminate the award to the managing agent. (5)The Secretary shall conduct outreach efforts to help raise awareness of the Mathematics and Science Honors Scholarships. (d)

Duties of the Managing Agent

The managing agent shall— (1)develop criteria to award Mathematics and Science Honors Scholarships based on established measurements available to secondary students who wish to pursue degrees in physical, life, or computer sciences, mathematics, and engineering; (2)establish a Mathematics and Science Honors Scholarship Fund in a separate, named account that clearly discloses the amount of Federal and non-Federal funds deposited in the account and used for scholarships under this section; (3)solicit funds for scholarships and for the administration of the program from non-Federal sources; (4)solicit applicants for scholarships; (5)from the amounts in the Fund, award scholarships to eligible students and transfer such funds to the institutions of higher education that they attend; (6)annually submit to the Secretary a financial audit and a report on the progress of the program, and such other documents as the Secretary may require to determine the effective management of the program; and (7)shall not develop a criteria that discriminates against a student based on the type of program in which the student completed his or her secondary education. (e)

Applications

(1)Any eligible entity that desires to be the managing agent under this section shall submit an application to the Secretary, in such form and containing such information, as the Secretary may require. (2)Each application shall include a description of— (A)how the applicant meets or will meet requirements established under subsections (c)(3)(A) and (d); (B)how the applicant will solicit funds for scholarships and for the administration of the program from non-Federal sources; (C)how the applicant will provide nationwide outreach to inform students about the program and to encourage students to pursue degrees in physical, life, or computer sciences, mathematics, and engineering; (D)how the applicant will solicit applications for scholarships, including how the applicant will balance efforts in urban and rural areas; (E)the selection criteria based on established measurements available to secondary students the applicant will use to award scholarships and to renew those awards; (F)how the applicant will inform the institution of higher education chosen by the recipient of the name and scholarship amount of the recipient; (G)what procedures and assurances the applicant and the institution of higher education that the recipient attends will use to verify student eligibility, attendance, degree progress, and academic performance and to deliver and account for payments to such institution; (H)the management (including audit and accounting) procedures the applicant will use for the program; (I)the human, financial, and other resources that the applicant will need and use to manage the program; (J)how the applicant will evaluate the program and report to the Secretary annually; and (K)a description of how the entity will coordinate with, complement, and build on similar public and private mathematics and science programs. (f)

Scholarship Recipients

(1)A student receiving a scholarship under this section shall be known as a Byrd Mathematics and Science Honors Scholar. (2)Any student desiring to receive a scholarship under this section shall submit an application to the managing agent in such form, and containing such information, as the managing agent may require. (3)Any student that receives a scholarship under this section shall enter into an agreement with the managing agent to complete 5 consecutive years of service to begin no later than 12 months following completion of the final degree in a position related to the field in which the student obtained the degree. (4)If any student that receives a scholarship under this section fails to earn at least a baccalaureate degree in physical, life, or computer sciences, mathematics, or engineering as defined under this section, the student shall repay to the managing agent the amount of any financial assistance paid to such student. (5)If any student that receives a scholarship under this section fails to meet the requirements of paragraph (3), the student shall repay to the managing agent the amount of any financial assistance paid to such student. (6)(A)Scholarships shall be awarded for only one academic year of study at a time. (B)(i)A scholarship shall be renewable on an annual basis for the established length of the academic program if the student awarded the scholarship remains eligible. (ii)The managing agent may condition renewal of a scholarship on measures of academic progress and achievement, with the approval of the Secretary. (C)(i)If a student fails to either remain eligible or meet established measures of academic progress and achievement, the managing agent shall instruct the student’s institution of higher education to suspend payment of the student’s scholarship. (ii)A suspension of payment shall remain in effect until the student is able to demonstrate to the satisfaction of the managing agent that he or she is again eligible and meets the established measures of academic progress and achievement. (iii)A student’s eligibility for a scholarship shall be terminated if a suspension period exceeds 12 months. (D)(i)(I)A student awarded a scholarship may, in a manner and under the terms established by, and with the approval of, the managing agent, postpone or interrupt his or her enrollment at an institution of higher education for up to 12 months. (II)Such a postponement or interruption shall not be considered a suspension for purposes of subparagraph (C). (ii)Neither a student nor the student’s institution of higher education shall receive the student’s scholarship payments during the period of postponement or interruption, but such payments shall resume upon enrollment or reenrollment. (iii)In exceptional circumstances, such as serious injury or illness or the necessity to care for family members, the student’s postponement or interruption may, upon notification and approval of the managing agent, be extended beyond the 12 month period described in clause (i)(I). (g)

Responsibilities of Institution of Higher Education

(1)The managing agent shall require any institution of higher education that enrolls a student who receives a scholarship under this section to annually provide an assurance, prior to making any payment, that the student— (A)is eligible in accordance with subsection (b)(2); and (B)has provided the institution with a written commitment to attend, or is attending, classes and is satisfactorily meeting the institution’s academic criteria for enrollment in its program of study. (2)(A)The managing agent shall provide the institution of higher education with payments from the Fund for selected recipients in at least two installments. (B)An institution of higher education shall return prorated amounts of any scholarship payment to the managing agent, who shall deposit it in to the Fund, if a recipient declines a scholarship, does not attend courses, transfers to another institution of higher education, or becomes ineligible for a scholarship.

419B.

Mathematics and science incentive program

(a)

Program

(1)

In general

The Secretary is authorized to carry out a program of assuming the obligation to pay, pursuant to the provisions of this section, the interest on a loan made, insured, or guaranteed under part B or D of this title. (2)

Eligibility

The Secretary may assume interest payments under paragraph (1) only for a borrower who— (A)has submitted an application in compliance with subsection (d); (B)obtained one or more loans described in paragraph (1) as an undergraduate student; (C)is a new borrower (within the meaning of section 103(7) of this Act) on or after the date of enactment of the College Access and Opportunity Act of 2006; (D)is a highly qualified teacher (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) of science, technology, engineering or mathematics at an elementary or secondary school in a high need local educational agency, or is a mathematics, science, or engineering professional; and (E)enters into an agreement with the Secretary to complete 5 consecutive years of service in a position described in subparagraph (D), starting on the date of the agreement. (3)

Prior interest limitations

The Secretary shall not make any payments for interest that— (A)accrues prior to the beginning of the repayment period on a loan in the case of a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan; or (B)has accrued prior to the signing of an agreement under paragraph (2)(E). (4)

Initial selection

In selecting participants for the program under this section, the Secretary— (A)shall choose among eligible applicants on the basis of— (i)the national security, homeland security, and economic security needs of the United States, as determined by the Secretary, in consultation with other Federal agencies, including the Departments of Labor, Defense, Homeland Security, Commerce, and Energy, the Central Intelligence Agency, and the National Science Foundation; and (ii)the academic record or job performance of the applicant; and (B)may choose among eligible applicants on the basis of— (i)the likelihood of the applicant to complete the 5-year service obligation; (ii)the likelihood of the applicant to remain in science, mathematics, or engineering after the completion of the service requirement; or (iii)other relevant criteria determined by the Secretary. (5)

Availability subject to appropriations

Loan interest payments under this section shall be subject to the availability of appropriations. If the amount appropriated for any fiscal year is not sufficient to provide interest payments on behalf of all qualified applicants, the Secretary shall give priority to those individuals on whose behalf interest payments were made during the preceding fiscal year. (6)

Regulations

The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. (b)

Duration and Amount of Interest Payments

The period during which the Secretary shall pay interest on behalf of a student borrower who is selected under subsection (a) is the period that begins on the effective date of the agreement under subsection (a)(2)(E), continues after successful completion of the service obligation, and ends on the earlier of— (1)the completion of the repayment period of the loan; (2)payment by the Secretary of a total of $5,000 on behalf of the borrower; (3)if the borrower ceases to fulfill the service obligation under such agreement prior to the end of the 5-year period, as soon as the borrower is determined to have ceased to fulfill such obligation in accordance with regulations of the Secretary; or (4)6 months after the end of any calendar year in which the borrower’s gross income equals or exceeds 4 times the national per capita disposable personal income (current dollars) for such calendar year, as determined on the basis of the National Income and Product Accounts Tables of the Bureau of Economic Analysis of the Department of Commerce, as determined in accordance with regulations prescribed by the Secretary. (c)

Repayment to Eligible Lenders

Subject to the regulations prescribed by the Secretary by regulation under subsection (a)(6), the Secretary shall pay to each eligible lender or holder for each payment period the amount of the interest that accrues on a loan of a student borrower who is selected under subsection (a). (d)

Application for Repayment

(1)

In general

Each eligible individual desiring loan interest payment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2)

Failure to complete service agreement

Such application shall contain an agreement by the individual that, if the individual fails to complete the 5 consecutive years of service required by subsection (a)(2)(E), the individual agrees to repay the Secretary the amount of any interest paid by the Secretary on behalf of the individual. (e)

Treatment of Consolidation Loans

A consolidation loan made under section 428C of this Act, or a Federal Direct Consolidation Loan made under part D of title IV of this Act, may be a qualified loan for the purpose of this section only to the extent that such loan amount was used by a borrower who otherwise meets the requirements of this section to repay— (1)a loan made under section 428 or 428H of this Act; or (2)a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of this Act. (f)

Prevention of Double Benefits

No borrower may, for the same service, receive a benefit under both this section and— (1)any loan forgiveness program under title IV of this Act; or (2)subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). (g)

Definitions

As used in this section— (1)the term high need local educational agency has the same meaning given such term in section 201(b)(4); and (2)the term mathematics, science, or engineering professional means a person who— (A)holds a baccalaureate, masters, or doctoral degree (or a combination thereof) in science, mathematics, or engineering; and (B)works in a field the Secretary determines is closely related to that degree, which shall include working as a professor at a two- or four-year institution of higher education.

419C.

Mathematics and science education coordinating council Grants

(a)

Purposes

The purposes of this section include— (1)supporting programs that encourage students to enroll in and successfully complete baccalaureate and advanced degrees in science, technology, engineering, and mathematics; (2)achieving the common objective of organizing, leading, and implementing State-based reform agendas that support the continuing improvement of mathematics and science education; (3)improving collaboration in a State among the State educational agency, 2-year and 4-year institutions of higher education, and the business community through the development or improvement of a coordinating council; and (4)supporting regional workshops designed to permit the sharing of successful research-based strategies to improve the achievement of students in mathematics and science. (b)

Definitions

For the purposes of this section: (1)the term eligible State means— (A)the Governor of a State; or (B)in the case of a State for which the constitution or laws of the State designate an individual, entity, or agency in the State, other than the Governor, to be responsible for coordination among segments of the State’s educational systems, such individual, entity, or agency. (2)the term mathematics and science education coordinating council means an organization that is charged by a State with coordinating mathematics and science education in the State. Such a council shall be composed of education, business, and community leaders working together to increase student participation and academic achievement in mathematics and science. (c)

State Grants

From amounts authorized under section 419D for this section, the Secretary is authorized to use not more than $5,000,000 to award grants on a competitive basis to eligible States for the purpose of carrying out activities described in subsection (d). (d)

Uses of Funds

An eligible State that receives a grant under this section is authorized to use grant funds to carry out one or more of the following activities: (1)In a State in which a mathematics and science education coordinating council does not exist, planning and establishing such a council. (2)In a State in which such a council exists, reforming or expanding the activities of the council, including implementing State-based reform agendas that support the continuing improvement of mathematics and science education, and support services that lead to better teacher recruitment and training, increased student academic achievement, and increased student enrollment and degree attainment in science, technology, engineering, and mathematics. (3)Coordinating with activities under part B of title II of the Elementary and Secondary Education Act of 1965 and with title II of this Act, especially pertaining to the recruitment and preparation of highly qualified mathematics and science teachers. (4)Supporting regional workshops designed to permit educators, administrators responsible for professional development and curriculum development, and faculty of teacher preparation programs to share successful research based strategies for— (A)carrying out the activities described in section 2202(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6662(c)) (as amended by the No Child Left Behind Act of 2001); and (B)otherwise improving student achievement in mathematics and science instruction in elementary and secondary schools. (e)

Application

To be eligible to receive a grant under this section, an eligible State shall submit an application to the Secretary that— (1)describes the activities the State will carry out with the funds, which may include a plan for establishing a regional working group to conduct regional workshops to share research-based information and approaches to improving the achievements of students in mathematics and science; (2)contains a plan for continuing such activities once Federal funding ceases; and (3)contains such other information and assurances as the Secretary may require. (f)

Consultation

The Governor of a State, or the individual, entity, or agency in the State described in subsection (b)(1)(B), shall consult with the State board of education, State educational agency, and the State agency for higher education, as appropriate, with respect to the activities assisted under this section. In the case of an individual, entity, or agency described in subsection (b)(1)(B), such consultation shall also include the Governor. (g)

Construction

Nothing in this section shall be construed to negate or supersede the legal authority under State law of any State agency, State entity, or State public official over programs that are under the jurisdiction of the agency, entity, or official. (h)

Administrative Provisions

(1)

In general

(A)Grants awarded under this section shall be awarded for a period not to exceed 5 years. (B)A grantee may receive a grant under this part only once. (C)Payments of grant funds under this section shall be annual. (2)

Secretarial selections

The Secretary shall determine which applications receive funds under this section, and the amount of the grant. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this section and the nature of each grant proposal, including whether funds are being sought to assist in the creation of a new State mathematics and science education coordinating council or to extend the work of an existing council. The Secretary shall also take into account the equitable geographic distribution of grants throughout the United States. (3)

Matching requirement

Each eligible State receiving a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant. (i)

Accountability and Evaluation

(1)

State grant accountability report

An eligible State that receives a grant under this section shall submit an annual accountability report to the Secretary. Such report shall include a description of the degree to which the eligible State, in using grant funds, has made substantial progress in meeting its objectives. (2)

Evaluation and dissemination

The Secretary shall evaluate the activities funded under this section and report the Secretary’s findings regarding such activities to the authorizing committees. The Secretary shall broadly disseminate successful practices developed by eligible States under this section, and shall broadly disseminate information regarding such practices that were found to be ineffective. (3)

Revocation

If the Secretary determines that an eligible State is not making substantial progress in meeting the purposes, objectives, and measures, as appropriate, required under this section by the end of the second year of a grant, then the grant payment shall not be made for the third year and subsequent years of the grant.

419D.

Adjunct teacher corps

(a)

Purpose

It is the purpose of this section to create opportunities for professionals and other individuals with subject-matter expertise to teach secondary school courses in mathematics, science, and critical foreign languages, on an adjunct basis. (b)

Program Authorized

The Secretary is authorized to award grants to eligible entities to recruit and place well-qualified individuals to serve as adjunct teachers in secondary school mathematics, science, and critical foreign language courses. (c)

Eligible Entity

For the purpose of this section, an eligible entity is— (1)a local educational agency; (2)a public or private educational organization (which may be a State educational agency); or (3)a partnership consisting of a local educational agency and a public or private educational organization. (d)

Duration of Grants

The Secretary may award grants under this section for a period of not more than five years. (e)

Priorities

In awarding grants under this section, the Secretary shall give priority to eligible entities that propose to— (1)serve local educational agencies that have a large number or percentage of students performing below grade level in mathematics, science, and critical foreign language courses; (2)serve local educational agencies that have a large number or percentage of students from families with incomes below the poverty line; and (3)recruit adjunct faculty to serve in schools that have an insufficient number of teachers in mathematics, science, and critical foreign languages. (f)

Applications

(1)

Application required

To be considered for a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2)

Contents

The Application shall, at a minimum, include a description of— (A)the need for, and expected benefits of using, adjunct teachers in the participating schools, which may include information on the difficulty participating schools face in recruiting qualified faculty in mathematics, science, and critical foreign language courses; (B)measurable objectives for the project, including the number of adjunct teachers the eligible entity intends to place in classrooms and gains in academic achievement intended to be achieved; (C)how the eligible entity will recruit qualified individuals and public or private educational organizations to participate in the program; (D)how the eligible entity will use funds received under this section, including how the eligible entity will evaluate the success of its program; (E)how the eligible entity will support and continue the program after the grant has expired, including how it will seek support from other sources, such as State and local government, foundations, and the private sector; (F)how the eligible entity will address legal, contractual, or administrative barriers to employment of adjunct faculty in the participating State or local educational agency or agencies; and (G)how the eligible entity will provide pre-service training to selected adjunct teachers, including the on-going mentoring of such teachers by highly qualified teachers. (g)

Uses of Funds

An eligible entity that receives a grant under this section is authorized to use grant funds to carry out one or more of the following activities: (1)To develop the capacity of the local educational agency or the State educational agency, or both, to identify, recruit, and train qualified individuals outside of the elementary and secondary education system (including individuals in business and government, and individuals who would participate through distance-learning arrangements) to become adjunct teachers in mathematics, science, and critical foreign language courses. (2)To provide signing bonuses and other financial incentives to encourage individuals to become adjunct teachers in mathematics, science, and critical foreign language courses. (3)To provide pre-service training to adjunct teachers, including the on-going mentoring of such teachers by highly qualified teachers. (4)To reimburse outside entities for the costs associated with allowing an employee to serve as an adjunct teacher, except that these costs shall not exceed the total cost of salary and benefits for teachers with comparable experience or expertise in the local educational agency. (h)

Matching Requirement

Each eligible entity that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant. (i)

Program Performance

Each eligible entity receiving a grant under this section shall prepare and submit to the Secretary a final report on the results of the project that contains such information as the Secretary may require including improvements in academic achievement as a result of instruction from adjunct teachers. (j)

Evaluation

The Secretary shall evaluate the activities funded under this section including the impact of the program on student academic achievement and shall report the results of the evaluation to the appropriate Committees of Congress. (k)

Definitions

As used in this section: (1)

Adjunct teacher

The term adjunct teacher means a teacher who— (A)possesses, at a minimum, a bachelor’s degree; (B)has demonstrated expertise in mathematics, science, or a critical foreign language by having met the requirements of section 9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965; and (C)is not required to meet the other requirements of section 9101(23) of the Elementary and Secondary Education Act of 1965. (2)

Critical foreign language

The term critical foreign language has the same meaning given such term under section 428K(h).

419E.

Foreign language partnerships

(a)

Purpose

The purpose of this section is to increase the number of highly qualified teachers in, and the number of United States’ students who achieve the highest level of proficiency in, foreign languages critical to the security and competitiveness of the Nation. (b)

Program Authorized

The Secretary is authorized to award grants to institutions of higher education, in partnership with one or more local educational agencies, to establish teacher preparation programs in critical foreign languages, and activities that will enable successful students to advance from elementary school through college to achieve proficiency in those languages. (c)

Applications

(1)

Application required

Any institution of higher education that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2)

Contents

Each Application shall— (A)identify each local educational agency partner and describe each such partner’s responsibilities (including how they will be involved in planning and implementing the program, what resources they will provide, and how they will ensure continuity of student progress from elementary school to the postsecondary level); and (B)describe how the applicant will support and continue the program after the grant has expired, including how it will seek support from other sources, such as State and local government, foundations, and the private sector. (d)

Uses of Funds

Funds awarded under this section shall be used to develop and implement programs consistent with the purpose of this section by carrying out one or more of the following activities: (1)To recruit highly qualified teachers in critical foreign languages and professional development activities for such teachers at the elementary through high school level. (2)To provide innovative opportunities for students that will allow for critical language learning, such as immersion environments, intensive study opportunities, internships, and distance learning. (e)

Matching Requirement

Each grantee under this section shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant (in cash or in kind) to carry out the activities supported by the grant. (f)

Evaluation

The Secretary shall evaluate the activities funded under this section and report the results of the evaluation to the appropriate Committees of Congress. (g)

Definition

As used in this section the term critical foreign language has the same meaning given such term under section 428K(h)(2).

419F.

Authorization of appropriations

There are authorized to be appropriated $41,000,000 for fiscal year 2007 and such sums as may be necessary for each of the 5 succeeding fiscal years to carry out this subpart.