[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2272 Enrolled Bill (ENR)]
H.R.2272
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To invest in innovation through research and development, and to improve
the competitiveness of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America COMPETES Act'' or the
``America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT-WIDE
SCIENCE
Sec. 1001. National Science and Technology Summit.
Sec. 1002. Study on barriers to innovation.
Sec. 1003. National Technology and Innovation Medal.
Sec. 1004. Semiannual Science, Technology, Engineering, and Mathematics
Days.
Sec. 1005. Study of service science.
Sec. 1006. President's Council on Innovation and Competitiveness.
Sec. 1007. National coordination of research infrastructure.
Sec. 1008. Sense of Congress on innovation acceleration research.
Sec. 1009. Release of scientific research results.
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Sec. 2001. NASA's contribution to innovation.
Sec. 2002. Aeronautics.
Sec. 2003. Basic research enhancement.
Sec. 2004. Aging workforce issues program.
Sec. 2005. Sense of Congress regarding NASA's undergraduate student
research program.
Sec. 2006. Use of International Space Station National Laboratory to
support math and science education and competitiveness.
TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Amendments to the Stevenson-Wydler Technology Innovation Act
of 1980.
Sec. 3003. Manufacturing Extension Partnership.
Sec. 3004. Institute-wide planning report.
Sec. 3005. Report by Visiting Committee.
Sec. 3006. Meetings of Visiting Committee on Advanced Technology.
Sec. 3007. Collaborative manufacturing research pilot grants.
Sec. 3008. Manufacturing Fellowship Program.
Sec. 3009. Procurement of temporary and intermittent services.
Sec. 3010. Malcolm Baldrige awards.
Sec. 3011. Report on National Institute of Standards and Technology
efforts to recruit and retain early career science and
engineering researchers.
Sec. 3012. Technology Innovation Program.
Sec. 3013. Technical amendments to the National Institute of Standards
and Technology Act and other technical amendments.
Sec. 3014. Retention of depreciation surcharge.
Sec. 3015. Post-doctoral fellows.
TITLE IV--OCEAN AND ATMOSPHERIC PROGRAMS
Sec. 4001. Ocean and atmospheric Research and development Program.
Sec. 4002. NOAA ocean and atmospheric Science education Programs.
Sec. 4003. NOAA's contribution to innovation.
TITLE V--DEPARTMENT OF ENERGY
Sec. 5001. Short title.
Sec. 5002. Definitions.
Sec. 5003. Science, engineering, and mathematics education at the
Department of Energy.
Sec. 5004. Nuclear science talent expansion program for institutions of
higher education.
Sec. 5005. Hydrocarbon systems science talent expansion program for
institutions of higher education.
Sec. 5006. Department of Energy early career awards for science.
engineering, and mathematics researchers.
Sec. 5007. Authorization of appropriations for Department of Energy for
basic research.
Sec. 5008. Discovery science and engineering innovation institutes.
Sec. 5009. Protecting America's Competitive Edge (PACE) graduate
fellowship program.
Sec. 5010. Sense of Congress regarding certain recommendations and
reviews.
Sec. 5011. Distinguished scientist program.
Sec. 5012. Advanced Research Projects Agency--Energy.
TITLE VI--EDUCATION
Sec. 6001. Findings.
Sec. 6002. Definitions.
Subtitle A--Teacher Assistance
Part I--Teachers for a Competitive Tomorrow
Sec. 6111. Purpose.
Sec. 6112. Definitions.
Sec. 6113. Programs for baccalaureate degrees in science, technology,
engineering, mathematics, or critical foreign languages, with
concurrent teacher certification.
Sec. 6114. Programs for master's degrees in science, technology,
engineering, mathematics, or critical foreign language
education.
Sec. 6115. General provisions.
Sec. 6116. Authorization of appropriations.
Part II--Advanced Placement and International Baccalaureate Programs
Sec. 6121. Purpose.
Sec. 6122. Definitions.
Sec. 6123. Advanced Placement and International Baccalaureate Programs.
Part III--Promising Practices in Science, Technology, Engineering, and
Mathematics Teaching
Sec. 6131. Promising practices.
Subtitle B--Mathematics
Sec. 6201. Math Now for elementary school and middle school students
program.
Sec. 6202. Summer term education programs.
Sec. 6203. Math skills for secondary school students.
Sec. 6204. Peer review of State applications.
Subtitle C--Foreign Language Partnership Program
Sec. 6301. Findings and purpose.
Sec. 6302. Definitions.
Sec. 6303. Program authorized.
Sec. 6304. Authorization of appropriations.
Subtitle D--Alignment of Education Programs
Sec. 6401. Alignment of secondary school graduation requirements with
the demands of 21st century postsecondary endeavors and
support for P-16 education data systems.
Subtitle E--Mathematics and Science Partnership Bonus Grants
Sec. 6501. Mathematics and science partnership bonus grants.
Sec. 6502. Authorization of appropriations.
TITLE VII--NATIONAL SCIENCE FOUNDATION
Sec. 7001. Definitions.
Sec. 7002. Authorization of appropriations.
Sec. 7003. Reaffirmation of the merit-review process of the National
Science Foundation.
Sec. 7004. Sense of the Congress regarding the mathematics and science
partnership programs of the Department of Education and the
National Science Foundation.
Sec. 7005. Curricula.
Sec. 7006. Centers for research on learning and education improvement.
Sec. 7007. Interdisciplinary research.
Sec. 7008. Postdoctoral research fellows.
Sec. 7009. Responsible conduct of research.
Sec. 7010. Reporting of research results.
Sec. 7011. Sharing research results.
Sec. 7012. Funding for successful science, technology, engineering, and
mathematics education programs.
Sec. 7013. Cost sharing.
Sec. 7014. Additional reports.
Sec. 7015. Administrative amendments.
Sec. 7016. National Science Board reports.
Sec. 7017. Program Fraud Civil Remedies Act of 1986 amendment.
Sec. 7018. Meeting critical national science needs.
Sec. 7019. Research on innovation and inventiveness.
Sec. 7020. Cyberinfrastructure.
Sec. 7021. Pilot program of grants for new investigators.
Sec. 7022. Broader impacts merit review criterion.
Sec. 7023. Donations.
Sec. 7024. High-performance computing and networking.
Sec. 7025. Science, technology, engineering, and mathematics talent
expansion program.
Sec. 7026. Laboratory science pilot program.
Sec. 7027. Study on laboratory equipment donations for schools.
Sec. 7028. Mathematics and Science Education Partnerships amendments.
Sec. 7029. National Science Foundation teacher institutes for the 21st
century.
Sec. 7030. Robert Noyce Teacher Scholarship Program.
Sec. 7031. Encouraging participation.
Sec. 7032. National Academy of Sciences report on diversity in science,
technology, engineering, and mathematics fields.
Sec. 7033. Hispanic-serving institutions undergraduate program.
Sec. 7034. Professional science master's degree programs.
Sec. 7035. Sense of Congress on communications training for scientists.
Sec. 7036. Major research instrumentation.
Sec. 7037. Limit on proposals.
TITLE VIII--GENERAL PROVISIONS
Sec. 8001. Collection of data relating to trade in services.
Sec. 8002. Sense of the Senate regarding small business growth and
capital markets.
Sec. 8003. Government Accountability Office review of activities,
grants, and programs.
Sec. 8004. Sense of the Senate regarding anti-competitive tax policy.
Sec. 8005. Study of the provision of online degree programs.
Sec. 8006. Sense of the Senate regarding deemed exports.
Sec. 8007. Sense of the Senate regarding capital markets.
Sec. 8008. Accountability and transparency of activities authorized by
this Act.
TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT-WIDE
SCIENCE
SEC. 1001. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall convene a National Science
and Technology Summit to examine the health and direction of the United
States' science, technology, engineering, and mathematics enterprises.
The Summit shall include representatives of industry, small business,
labor, academia, State government, Federal research and development
agencies, non-profit environmental and energy policy groups concerned
with science and technology issues, and other nongovernmental
organizations, including representatives of science, technology, and
engineering organizations and associations that represent individuals
identified in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b).
(b) Report.--Not later than 90 days after the date of the
conclusion of the Summit, the President shall submit to Congress a
report on the results of the Summit. The report shall identify key
research and technology challenges and recommendations, including
recommendations to increase the representation of individuals
identified in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b) in science, engineering,
and technology enterprises, for areas of investment for Federal
research and technology programs to be carried out during the 5-year
period beginning on the date the report is issued.
(c) Annual Evaluation.--Beginning with the President's budget
submission for the fiscal year following the conclusion of the National
Science and Technology Summit and for each of the following 4 budget
submissions, the Analytical Perspectives component of the budget
document that describes the Research and Development budget priorities
shall include a description of how those priorities relate to the
conclusions and recommendations of the Summit contained in the report
required under subsection (b).
SEC. 1002. STUDY ON BARRIERS TO INNOVATION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy shall enter into a contract with the National Academy
of Sciences to conduct and complete a study to identify, and to review
methods to mitigate, new forms of risk for businesses beyond
conventional operational and financial risk that affect the ability to
innovate, including studying and reviewing--
(1) incentive and compensation structures that could
effectively encourage long-term value creation and innovation;
(2) methods of voluntary and supplemental disclosure by
industry of intellectual capital, innovation performance, and
indicators of future valuation;
(3) means by which government could work with industry to
enhance the legal and regulatory framework to encourage the
disclosures described in paragraph (2);
(4) practices that may be significant deterrents to United
States businesses engaging in innovation risk-taking compared to
foreign competitors;
(5) costs faced by United States businesses engaging in
innovation compared to foreign competitors, including the burden
placed on businesses by high and rising health care costs;
(6) means by which industry, trade associations, and
universities could collaborate to support research on management
practices and methodologies for assessing the value and risks of
longer term innovation strategies;
(7) means to encourage new, open, and collaborative dialogue
between industry associations, regulatory authorities, management,
shareholders, labor, and other concerned interests to encourage
appropriate approaches to innovation risk-taking;
(8) incentives to encourage participation among institutions of
higher education, especially those in rural and underserved areas,
to engage in innovation;
(9) relevant Federal regulations that may discourage or
encourage innovation;
(10) all provisions of the Internal Revenue Code of 1986,
including tax provisions, compliance costs, and reporting
requirements, that discourage innovation;
(11) the extent to which Federal funding promotes or hinders
innovation; and
(12) the extent to which individuals are being equipped with
the knowledge and skills necessary for success in the 21st century
workforce, as measured by--
(A) elementary school and secondary school student academic
achievement on the State academic assessments required under
section 1111(b)(3) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 (b)(3)), especially in mathematics,
science, and reading, identified by ethnicity, race, and
gender;
(B) the rate of student entrance into institutions of
higher education, identified by ethnicity, race, and gender, by
type of institution, and barriers to access to institutions of
higher education;
(C) the rates of--
(i) students successfully completing postsecondary
education programs, identified by ethnicity, race, and
gender; and
(ii) certificates, associate degrees, and baccalaureate
degrees awarded in the fields of science, technology,
engineering, and mathematics, identified by ethnicity,
race, and gender; and
(D) access to, and availability of, high quality job
training programs.
(b) Report Required.--Not later than 1 year after entering into the
contract required by subsection (a) and 4 years after entering into
such contract, the National Academy of Sciences shall submit to
Congress a report on the study conducted under such subsection.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Office of Science and Technology Policy $1,000,000
for fiscal year 2008 for the purpose of carrying out the study required
under this section.
SEC. 1003. NATIONAL TECHNOLOGY AND INNOVATION MEDAL.
Section 16 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3711) is amended--
(1) in the section heading, by striking ``national medal'' and
inserting ``national technology and innovation medal''; and
(2) in subsection (a), by striking ``Technology Medal'' and
inserting ``Technology and Innovation Medal''.
SEC. 1004. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
DAYS.
It is the sense of Congress that the Director of the Office of
Science and Technology Policy should--
(1) encourage all elementary and middle schools to observe a
Science, Technology, Engineering, and Mathematics Day twice in
every school year for the purpose of bringing in science,
technology, engineering, and mathematics mentors to provide hands-
on lessons to excite and inspire students to pursue the science,
technology, engineering, and mathematics fields (including
continuing education and career paths);
(2) initiate a program, in consultation with Federal agencies
and departments, to provide support systems, tools (from existing
outreach offices), and mechanisms to allow and encourage Federal
employees with scientific, technological, engineering, or
mathematical responsibilities to reach out to local classrooms on
such Science, Technology, Engineering, and Mathematics Days to
instruct and inspire school children, focusing on real life
science, technology, engineering, and mathematics-related
applicable experiences along with hands-on demonstrations in order
to demonstrate the advantages and direct applications of studying
the science, technology, engineering, and mathematics fields; and
(3) promote Science, Technology, Engineering, and Mathematics
Days involvement by private sector and institutions of higher
education employees, including partnerships with scientific,
engineering, and mathematical professional organizations
representing individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b), in a manner similar to the Federal employee involvement
described in paragraph (2).
SEC. 1005. STUDY OF SERVICE SCIENCE.
(a) Sense of Congress.--It is the sense of Congress that, in order
to strengthen the competitiveness of United States enterprises and
institutions and to prepare the people of the United States for high-
wage, high-skill employment, the Federal Government should better
understand and respond strategically to the emerging management and
learning discipline known as service science.
(b) Study.--Not later than 1 year after the date of the enactment
of this Act, the Director of the Office of Science and Technology
Policy shall, through the National Academy of Sciences, conduct a study
and report to Congress on how the Federal Government should support,
through research, education, and training, the emerging management and
learning discipline known as service science.
(c) Outside Resources.--In conducting the study under subsection
(b), the National Academy of Sciences shall consult with leaders from
2- and 4-year institutions of higher education, as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), leaders
from corporations, and other relevant parties.
(d) Service Science Defined.--In this section, the term ``service
science'' means curricula, training, and research programs that are
designed to teach individuals to apply scientific, engineering, and
management disciplines that integrate elements of computer science,
operations research, industrial engineering, business strategy,
management sciences, and social and legal sciences, in order to
encourage innovation in how organizations create value for customers
and shareholders that could not be achieved through such disciplines
working in isolation.
SEC. 1006. PRESIDENT'S COUNCIL ON INNOVATION AND COMPETITIVENESS.
(a) In General.--The President shall establish a President's
Council on Innovation and Competitiveness.
(b) Duties.--The duties of the Council shall include--
(1) monitoring implementation of public laws and initiatives
for promoting innovation, including policies related to research
funding, taxation, immigration, trade, and education that are
proposed in this Act or in any other Act;
(2) providing advice to the President with respect to global
trends in competitiveness and innovation and allocation of Federal
resources in education, job training, and technology research and
development considering such global trends in competitiveness and
innovation;
(3) in consultation with the Director of the Office of
Management and Budget, developing a process for using metrics to
assess the impact of existing and proposed policies and rules that
affect innovation capabilities in the United States;
(4) identifying opportunities and making recommendations for
the heads of executive agencies to improve innovation, monitoring,
and reporting on the implementation of such recommendations;
(5) developing metrics for measuring the progress of the
Federal Government with respect to improving conditions for
innovation, including through talent development, investment, and
infrastructure improvements; and
(6) submitting to the President and Congress an annual report
on such progress.
(c) Membership and Coordination.--
(1) Membership.--The Council shall be composed of the Secretary
or head of each of the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Education.
(D) The Department of Energy.
(E) The Department of Health and Human Services.
(F) The Department of Homeland Security.
(G) The Department of Labor.
(H) The Department of the Treasury.
(I) The National Aeronautics and Space Administration.
(J) The Securities and Exchange Commission.
(K) The National Science Foundation.
(L) The Office of the United States Trade Representative.
(M) The Office of Management and Budget.
(N) The Office of Science and Technology Policy.
(O) The Environmental Protection Agency.
(P) The Small Business Administration.
(Q) Any other department or agency designated by the
President.
(2) Chairperson.--The Secretary of Commerce shall serve as
Chairperson of the Council.
(3) Coordination.--The Chairperson of the Council shall ensure
appropriate coordination between the Council and the National
Economic Council, the National Security Council, and the National
Science and Technology Council.
(4) Meetings.--The Council shall meet on a semi-annual basis at
the call of the Chairperson and the initial meeting of the Council
shall occur not later than 6 months after the date of the enactment
of this Act.
(d) Development of Innovation Agenda.--
(1) In general.--The Council shall develop a comprehensive
agenda for strengthening the innovation and competitiveness
capabilities of the Federal Government, State governments,
academia, and the private sector in the United States.
(2) Contents.--The comprehensive agenda required by paragraph
(1) shall include the following:
(A) An assessment of current strengths and weaknesses of
the United States investment in research and development.
(B) Recommendations for addressing weaknesses and
maintaining the United States as a world leader in research and
development and technological innovation, including strategies
for increasing the participation of individuals identified in
section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b) in science,
technology, engineering, and mathematics fields.
(C) Recommendations for strengthening the innovation and
competitiveness capabilities of the Federal Government, State
governments, academia, and the private sector in the United
States.
(3) Advisors.--
(A) Recommendation.--Not later than 30 days after the date
of the enactment of this Act, the National Academy of Sciences,
in consultation with the National Academy of Engineering, the
Institute of Medicine, and the National Research Council, shall
develop and submit to the President a list of 50 individuals
that are recommended to serve as advisors to the Council during
the development of the comprehensive agenda required by
paragraph (1). The list of advisors shall include appropriate
representatives from the following:
(i) The private sector of the economy.
(ii) Labor.
(iii) Various fields including information technology,
energy, engineering, high-technology manufacturing, health
care, and education.
(iv) Scientific organizations.
(v) Academic organizations and other nongovernmental
organizations working in the area of science or technology.
(vi) Nongovernmental organizations, such as
professional organizations, that represent individuals
identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b) in the areas of science, engineering, technology,
and mathematics.
(B) Designation.--Not later than 30 days after the date
that the National Academy of Sciences submits the list of
recommended individuals to serve as advisors, the President
shall designate 50 individuals to serve as advisors to the
Council.
(C) Requirement to consult.--The Council shall develop the
comprehensive agenda required by paragraph (1) in consultation
with the advisors.
(4) Initial submission and updates.--
(A) Initial submission.--Not later than 1 year after the
date of the enactment of this Act, the Council shall submit to
Congress and the President the comprehensive agenda required by
paragraph (1).
(B) Updates.--At least once every 2 years, the Council
shall update the comprehensive agenda required by paragraph (1)
and submit each such update to Congress and the President.
(e) Optional Assignment.--Notwithstanding subsection (a) and
paragraphs (1) and (2) of subsection (c), the President may designate
an existing council to carry out the requirements of this section.
SEC. 1007. NATIONAL COORDINATION OF RESEARCH INFRASTRUCTURE.
(a) Identification and Prioritization of Deficiencies in Federal
Research Facilities.--Each year the Director of the Office of Science
and Technology Policy shall, through the National Science and
Technology Council, identify and prioritize the deficiencies in
research facilities and major instrumentation located at Federal
laboratories and national user facilities at academic institutions that
are widely accessible for use by researchers in the United States. In
prioritizing such deficiencies, the Director shall consider research
needs in areas relevant to the specific mission requirements of Federal
agencies.
(b) Planning for Acquisition, Refurbishment, and Maintenance of
Research Facilities and Major Instrumentation.--The Director shall,
through the National Science and Technology Council, coordinate the
planning by Federal agencies for the acquisition, refurbishment, and
maintenance of research facilities and major instrumentation to address
the deficiencies identified under subsection (a).
(c) Report.--The Director shall submit to Congress each year,
together with documents submitted to Congress in support of the budget
of the President for the fiscal year beginning in such year (as
submitted pursuant to section 1105 of title 31, United States Code), a
report, current as of the fiscal year ending in the year before such
report is submitted, setting forth the following:
(1) A description of the deficiencies in research
infrastructure identified in accordance with subsection (a).
(2) A list of projects and budget proposals of Federal research
facilities, set forth by agency, for major instrumentation
acquisitions that are included in the budget proposal of the
President.
(3) An explanation of how the projects and instrumentation
acquisitions described in paragraph (2) relate to the deficiencies
and priorities identified pursuant to subsection (a).
SEC. 1008. SENSE OF CONGRESS ON INNOVATION ACCELERATION RESEARCH.
(a) Sense of Congress on Support and Promotion of Innovation in the
United States.--It is the sense of Congress that each Federal research
agency should strive to support and promote innovation in the United
States through high-risk, high-reward basic research projects that--
(1) meet fundamental technological or scientific challenges;
(2) involve multidisciplinary work; and
(3) involve a high degree of novelty.
(b) Sense of Congress on Setting Annual Funding Goals for Basic
Research.--It is the sense of Congress that each Executive agency that
funds research in science, technology, engineering, or mathematics
should set a goal of allocating an appropriate percentage of the annual
basic research budget of such agency to funding high-risk, high-reward
basic research projects described in subsection (a).
(c) Report.--Each Executive agency described in subsection (b)
shall submit to Congress each year, together with documents submitted
to Congress in support of the budget of the President for the fiscal
year beginning in such year (as submitted pursuant to section 1105 of
title 31, United States Code), a report describing whether a funding
goal as described in subsection (b) has been established, and if such a
goal has been established, the following:
(1) A description of such funding goal.
(2) Whether such funding goal is being met by the agency.
(3) A description of activities supported by amounts allocated
in accordance with such funding goal.
(d) Definitions.--In this section:
(1) Basic research.--The term ``basic research'' has the
meaning given such term in the Office of Management and Budget
Circular No. A-11.
(2) Executive agency.--The term ``Executive agency'' has the
meaning given such term in section 105 of title 5, United States
Code.
SEC. 1009. RELEASE OF SCIENTIFIC RESEARCH RESULTS.
(a) Principles.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy, in consultation with the Director of the Office of
Management and Budget and the heads of all Federal civilian agencies
that conduct scientific research, shall develop and issue an
overarching set of principles to ensure the communication and open
exchange of data and results to other agencies, policymakers, and the
public of research conducted by a scientist employed by a Federal
civilian agency and to prevent the intentional or unintentional
suppression or distortion of such research findings. The principles
shall encourage the open exchange of data and results of research
undertaken by a scientist employed by such an agency and shall be
consistent with existing Federal laws, including chapter 18 of title
35, United States Code (commonly known as the ``Bayh-Dole Act''). The
principles shall also take into consideration the policies of peer-
reviewed scientific journals in which Federal scientists may currently
publish results.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy shall ensure that all civilian Federal agencies that
conduct scientific research develop specific policies and procedures
regarding the public release of data and results of research conducted
by a scientist employed by such an agency consistent with the
principles established under subsection (a). Such polices and
procedures shall--
(1) specifically address what is and what is not permitted or
recommended under such policies and procedures;
(2) be specifically designed for each such agency;
(3) be applied uniformly throughout each such agency; and
(4) be widely communicated and readily accessible to all
employees of each such agency and the public.
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SEC. 2001. NASA'S CONTRIBUTION TO INNOVATION.
(a) Participation in Interagency Activities.--The National
Aeronautics and Space Administration shall be a full participant in any
interagency effort to promote innovation and economic competitiveness
through near-term and long-term basic scientific research and
development and the promotion of science, technology, engineering, and
mathematics education, consistent with the National Aeronautics and
Space Administration's mission, including authorized activities.
(b) Historic Foundation.--In order to carry out the participation
described in subsection (a), the Administrator of the National
Aeronautics and Space Administration shall build on the historic role
of the National Aeronautics and Space Administration in stimulating
excellence in the advancement of physical science and engineering
disciplines and in providing opportunities and incentives for the
pursuit of academic studies in science, technology, engineering, and
mathematics.
(c) Balanced Science Program and Robust Authorization Levels.--The
balanced science program authorized by section 101(d) of the National
Aeronautics and Space Administration Authorization Act of 2005 (42
U.S.C. 16611) shall be an element of the contribution by the National
Aeronautics and Space Administration to such interagency programs.
(d) Sense of Congress on Contribution of Appropriately Funded
National Aeronautics and Space Administration.--It is the sense of
Congress that a robust National Aeronautics and Space Administration,
funded at the levels authorized for fiscal years 2007 and 2008 under
sections 202 and 203 of the National Aeronautics and Space
Administration Authorization Act of 2005 (42 U.S.C. 16631 and 16632)
and at appropriate levels in subsequent fiscal years--
(1) can contribute significantly to innovation in, and the
competitiveness of, the United States;
(2) would enable a fair balance among science, aeronautics,
education, exploration, and human space flight programs; and
(3) would allow full participation in any interagency efforts
to promote innovation and economic competitiveness.
(e) Annual Report.--
(1) Requirement.--The Administrator shall submit to Congress
and the President an annual report describing the activities
conducted pursuant to this section, including a description of the
goals and the objective metrics upon which funding decisions were
made.
(2) Content.--Each report submitted pursuant to paragraph (1)
shall include, with regard to science, technology, engineering, and
mathematics education programs, at a minimum, the following:
(A) A description of each program.
(B) The amount spent on each program.
(C) The number of students or teachers served by each
program.
(f) Assessment Plan.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit to Congress a
report on its plan for instituting assessments of the effectiveness of
the National Aeronautics and Space Administration's science,
technology, engineering, and mathematics education programs in
improving student achievement, including with regard to challenging
State achievement standards.
SEC. 2002. AERONAUTICS.
(a) Sense of Congress.--It is the sense of Congress that the
aeronautics research and development program of the National
Aeronautics and Space Administration has been an important contributor
to innovation and to the competitiveness of the United States and the
National Aeronautics and Space Administration should maintain its
capabilities to advance the state of aeronautics.
(b) Cooperation With Other Agencies on Aeronautics Activities.--The
Administrator shall coordinate, as appropriate, the National
Aeronautics and Space Administration's aeronautics activities with
relevant programs in the Department of Transportation, the Department
of Defense, the Department of Commerce, and the Department of Homeland
Security, including the activities of the Joint Planning and
Development Office established under section 709 of the Vision 100-
Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat.
2582).
SEC. 2003. BASIC RESEARCH ENHANCEMENT.
(a) In General.--The Administrator of the National Aeronautics and
Space Administration, the Director of the National Science Foundation,
the Secretary of Energy, the Secretary of Defense, and Secretary of
Commerce shall, to the extent practicable, coordinate basic research
activities related to physical sciences, technology, engineering, and
mathematics.
(b) Basic Research Defined.--In this section, the term ``basic
research'' has the meaning given such term in Office of Management and
Budget Circular No. A-11.
SEC. 2004. AGING WORKFORCE ISSUES PROGRAM.
It is the sense of Congress that the Administrator of the National
Aeronautics and Space Administration should implement a program to
address aging work force issues in aerospace that--
(1) documents technical and management experiences before
senior people leave the National Aeronautics and Space
Administration, including--
(A) documenting lessons learned;
(B) briefing organizations;
(C) providing opportunities for archiving lessons in a
database; and
(D) providing opportunities for near-term retirees to
transition out early from their primary assignment in order to
document their career lessons learned and brief new employees
prior to their separation from the National Aeronautics and
Space Administration;
(2) provides incentives for retirees to return and teach new
employees about their career lessons and experiences; and
(3) provides for the development of an award to recognize and
reward outstanding senior employees for their contributions to
knowledge sharing.
SEC. 2005. SENSE OF CONGRESS REGARDING NASA'S UNDERGRADUATE STUDENT
RESEARCH PROGRAM.
It is the sense of Congress that in order to generate interest in
careers in science, technology, engineering, and mathematics and to
help train the next generation of space and aeronautical scientists,
technologists, engineers, and mathematicians the Administrator of the
National Aeronautics and Space Administration should utilize the
existing Undergraduate Student Research Program of the National
Aeronautics and Space Administration to support basic research projects
on subjects of relevance to the National Aeronautics and Space
Administration that--
(1) are to be carried out primarily by undergraduate students;
and
(2) combine undergraduate research with other research
supported by the National Aeronautics and Space Administration.
SEC. 2006. USE OF INTERNATIONAL SPACE STATION NATIONAL LABORATORY TO
SUPPORT MATH AND SCIENCE EDUCATION AND COMPETITIVENESS.
(a) Sense of Congress.--It is the sense of Congress that the
International Space Station National Laboratory offers unique
opportunities for educational activities and provides a unique resource
for research and development in science, technology, and engineering,
which can enhance the global competitiveness of the United States.
(b) Development of Educational Projects.--The Administrator of the
National Aeronautics and Space Administration shall develop a detailed
plan for implementation of 1 or more education projects that utilize
the resources offered by the International Space Station. In developing
any detailed plan according to this paragraph, the Administrator shall
make use of the findings and recommendations of the International Space
Station National Laboratory Education Concept Development Task Force.
(c) Development of Research Plans for Competitiveness
Enhancement.--The Administrator shall develop a detailed plan for
identification and support of research to be conducted aboard the
International Space Station, which offers the potential for enhancement
of United States competitiveness in science, technology, and
engineering. In developing any detailed plan pursuant to this
subsection, the Administrator shall consult with agencies and entities
with which cooperative agreements have been reached regarding
utilization of International Space Station National Laboratory
facilities.
TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) Scientific and Technical Research and Services.--
(1) Laboratory activities.--There are authorized to be
appropriated to the Secretary of Commerce for the scientific and
technical research and services laboratory activities of the
National Institute of Standards and Technology--
(A) $502,100,000 for fiscal year 2008;
(B) $541,900,000 for fiscal year 2009; and
(C) $584,800,000 for fiscal year 2010.
(2) Construction and maintenance.--There are authorized to be
appropriated to the Secretary of Commerce for construction and
maintenance of facilities of the National Institute of Standards
and Technology--
(A) $150,900,000 for fiscal year 2008;
(B) $86,400,000 for fiscal year 2009; and
(C) $49,700,000 for fiscal year 2010.
(b) Industrial Technology Services.--There are authorized to be
appropriated to the Secretary of Commerce for Industrial Technology
Services activities of the National Institute of Standards and
Technology--
(1) $210,000,000 for fiscal year 2008, of which--
(A) $100,000,000 shall be for the Technology Innovation
Program under section 28 of the National Institute of Standards
and Technology Act (15 U.S.C. 278n), of which at least
$40,000,000 shall be for new awards; and
(B) $110,000,000 shall be for the Manufacturing Extension
Partnership program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and
278l), of which not more than $1,000,000 shall be for the
competitive grant program under section 25(f) of such Act;
(2) $253,500,000 for fiscal year 2009, of which--
(A) $131,500,000 shall be for the Technology Innovation
Program under section 28 of the National Institute of Standards
and Technology Act (15 U.S.C. 278n), of which at least
$40,000,000 shall be for new awards; and
(B) $122,000,000 shall be for the Manufacturing Extension
Partnership Program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and
278l), of which not more than $4,000,000 shall be for the
competitive grant program under section 25(f) of such Act; and
(3) $272,300,000 for fiscal year 2010, of which--
(A) $140,500,000 shall be for the Technology Innovation
Program under section 28 of the National Institute of Standards
and Technology Act (15 U.S.C. 278n), of which at least
$40,000,000 shall be for new awards; and
(B) $131,800,000 shall be for the Manufacturing Extension
Partnership Program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and
278l), of which not more than $4,000,000 shall be for the
competitive grant program under section 25(f) of such Act.
SEC. 3002. AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT
OF 1980.
(a) In General.--Section 5 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3704) is amended--
(1) by striking subsections (a) through (e);
(2) by redesignating subsection (f) as subsection (a);
(3) in subsection (a), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``The Secretary, acting
through the Under Secretary, shall establish for fiscal year
1999'' and inserting ``Beginning in fiscal year 1999, the
Secretary shall establish'';
(B) by striking ``, acting through the Under Secretary,''
each place it appears;
(C) by redesignating paragraph (6) as subsection (b);
(D) by striking paragraph (7); and
(E) in the subsection heading, by striking ``Experimental
Program to Stimulate Competitive Technology'' and inserting
``Program Establishment'';
(4) in subsection (b), as redesignated by paragraph (3)(C), by
striking ``this subsection'' and inserting ``subsection (a)''; and
(5) in the section heading by striking ``commerce and
technological innovation'' and inserting ``experimental program to
stimulate competitive technology''.
(b) Construction.--The amendments made by subsection (a) shall not
be construed to eliminate the National Institute of Standards and
Technology or the National Technical Information Service.
(c) Conforming Amendments.--
(1) Title 5, united states code.--Section 5314 of title 5,
United States Code, is amended by striking ``Under Secretary of
Commerce for Technology.''.
(2) National institute of standards and technology.--The
National Institute of Standards and Technology Act (15 U.S.C. 271
et seq.) is amended--
(A) in section 2 of such Act (15 U.S.C. 272)--
(i) in subsection (b), by striking ``and, if
appropriate, through other officials,''; and
(ii) in subsection (c), by striking ``and, if
appropriate, through other appropriate officials,''; and
(B) in section 5 of such Act (15 U.S.C. 274), by striking
``The Director shall have the general'' and inserting ``The
Director shall report directly to the Secretary and shall have
the general''.
(3) Definitions.--Section 4 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703) is amended--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (2) through (13) as
paragraphs (1) through (11), respectively.
(4) Functions of secretary.--Section 11(g)(1) of such Act (15
U.S.C. 3710(g)(1)) is amended by striking ``through the Under
Secretary, and''.
(5) Repeal of authorization.--Section 21(a) of such Act (15
U.S.C. 3713(a)) is amended--
(A) in paragraph (1), by striking ``sections 5, 11(g), and
16'' and inserting ``sections 11(g) and 16''; and
(B) in paragraph (2), by striking ``$500,000 is authorized
only for the purpose of carrying out the requirements of the
Japanese technical literature program established under section
5(d) of this Act;''.
(6) High-performance computing act of 1991.--Section 208 of the
High-Performance Computing Act of 1991 (15 U.S.C. 5528) is amended
by striking subsection (c) and redesignating subsection (d) as
subsection (c).
(7) Assistive technology act of 1998.--Section 6(b)(4)(B)(v) of
the Assistive Technology Act of 1998 (29 U.S.C. 3005(b)(4)(B)(v))
is amended by striking ``the Technology Administration of the
Department of Commerce,'' and inserting ``the National Institute of
Standards and Technology,''.
SEC. 3003. MANUFACTURING EXTENSION PARTNERSHIP.
(a) Clarification of Eligible Contributions in Connection With
Regional Centers Responsible for Implementing the Objectives of the
Program.--Paragraph (3) of section 25(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(c)(3)) is amended to read
as follows:
``(3)(A) Any nonprofit institution, or group thereof, or consortia
of nonprofit institutions, including entities existing on August 23,
1988, may submit to the Secretary an application for financial support
under this subsection, in accordance with the procedures established by
the Secretary and published in the Federal Register under paragraph
(2).
``(B) In order to receive assistance under this section, an
applicant for financial assistance under subparagraph (A) shall provide
adequate assurances that non-Federal assets obtained from the applicant
and the applicant's partnering organizations will be used as a funding
source to meet not less than 50 percent of the costs incurred for the
first 3 years and an increasing share for each of the last 3 years. For
purposes of the preceding sentence, the costs incurred means the costs
incurred in connection with the activities undertaken to improve the
management, productivity, and technological performance of small- and
medium-sized manufacturing companies.
``(C) In meeting the 50 percent requirement, it is anticipated that
a Center will enter into agreements with other entities such as private
industry, universities, and State governments to accomplish
programmatic objectives and access new and existing resources that will
further the impact of the Federal investment made on behalf of small-
and medium-sized manufacturing companies. All non-Federal costs,
contributed by such entities and determined by a Center as
programmatically reasonable and allocable under MEP program procedures
are includable as a portion of the Center's contribution.
``(D) Each applicant under subparagraph (A) shall also submit a
proposal for the allocation of the legal rights associated with any
invention which may result from the proposed Center's activities.''.
(b) Manufacturing Center Evaluation.--Paragraph (5) of section
25(c) of the National Institute of Standards and Technology Act (15
U.S.C. 278k(c)(5)) is amended by inserting ``A Center that has not
received a positive evaluation by the evaluation panel shall be
notified by the panel of the deficiencies in its performance and shall
be placed on probation for one year, after which time the panel shall
reevaluate the Center. If the Center has not addressed the deficiencies
identified by the panel, or shown a significant improvement in its
performance, the Director shall conduct a new competition to select an
operator for the Center or may close the Center.'' after ``at declining
levels.''.
(c) Federal Share.--Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k) is amended by striking
subsection (d) and inserting the following:
``(d) Acceptance of Funds.--
``(1) In general.--In addition to such sums as may be
appropriated to the Secretary and Director to operate the Centers
program, the Secretary and Director also may accept funds from
other Federal departments and agencies and under section 2(c)(7)
from the private sector for the purpose of strengthening United
States manufacturing.
``(2) Allocation of funds.--
``(A) Funds accepted from other federal departments or
agencies.--The Director shall determine whether funds accepted
from other Federal departments or agencies shall be counted in
the calculation of the Federal share of capital and annual
operating and maintenance costs under subsection (c).
``(B) Funds accepted from the private sector.--Funds
accepted from the private sector under section 2(c)(7), if
allocated to a Center, shall not be considered in the
calculation of the Federal share under subsection (c) of this
section.''.
(d) MEP Advisory Board.--Such section 25 is further amended by
adding at the end the following:
``(e) MEP Advisory Board.--
``(1) Establishment.--There is established within the Institute
a Manufacturing Extension Partnership Advisory Board (in this
subsection referred to as the `MEP Advisory Board').
``(2) Membership.--
``(A) In general.--The MEP Advisory Board shall consist of
10 members broadly representative of stakeholders, to be
appointed by the Director. At least 2 members shall be employed
by or on an advisory board for the Centers, and at least 5
other members shall be from United States small businesses in
the manufacturing sector. No member shall be an employee of the
Federal Government.
``(B) Term.--Except as provided in subparagraph (C) or (D),
the term of office of each member of the MEP Advisory Board
shall be 3 years.
``(C) Classes.--The original members of the MEP Advisory
Board shall be appointed to 3 classes. One class of 3 members
shall have an initial term of 1 year, one class of 3 members
shall have an initial term of 2 years, and one class of 4
members shall have an initial term of 3 years.
``(D) 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.
``(E) Serving consecutive terms.--Any person who has
completed two consecutive full terms of service on the MEP
Advisory Board shall thereafter be ineligible for appointment
during the one-year period following the expiration of the
second such term.
``(3) Meetings.--The MEP Advisory Board shall meet not less
than 2 times annually, and provide to the Director--
``(A) advice on Manufacturing Extension Partnership
programs, plans, and policies;
``(B) assessments of the soundness of Manufacturing
Extension Partnership plans and strategies; and
``(C) assessments of current performance against
Manufacturing Extension Partnership program plans.
``(4) Federal advisory committee act.--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) Report.--The MEP Advisory Board shall transmit an annual
report to the Secretary for transmittal to Congress within 30 days
after the submission to Congress of the President's annual budget
request in each year. Such report shall address the status of the
program established pursuant to this section and comment on 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.''.
(e) Manufacturing Extension Center Competitive Grant Program.--Such
section 25 is further amended by adding at the end the following:
``(f) Competitive Grant Program.--
``(1) Establishment.--The Director shall establish, within the
Centers program under this section and section 26 of this Act, a
program of competitive awards among participants described in
paragraph (2) for the purposes described in paragraph (3).
``(2) Participants.--Participants receiving awards under this
subsection shall be the Centers, or a consortium of such Centers.
``(3) Purpose.--The purpose of the program under this
subsection is to develop projects to solve new or emerging
manufacturing problems as determined by the Director, in
consultation with the Director of the Centers program, the
Manufacturing Extension Partnership Advisory Board, and small and
medium-sized manufacturers. One or more themes for the competition
may be identified, which may vary from year to year, depending on
the needs of manufacturers and the success of previous
competitions. These themes shall be related to projects associated
with manufacturing extension activities, including supply chain
integration and quality management, and including the transfer of
technology based on the technological needs of manufacturers and
available technologies from institutions of higher education,
laboratories, and other technology producing entities, or extend
beyond these traditional areas.
``(4) Applications.--Applications for awards under this
subsection shall be submitted in such manner, at such time, and
containing such information as the Director shall require, in
consultation with the Manufacturing Extension Partnership Advisory
Board.
``(5) Selection.--Awards under this subsection shall be peer
reviewed and competitively awarded. The Director shall select
proposals to receive awards--
``(A) that utilize innovative or collaborative approaches
to solving the problem described in the competition;
``(B) that will improve the competitiveness of industries
in the region in which the Center or Centers are located; and
``(C) that will contribute to the long-term economic
stability of that region.
``(6) Program contribution.--Recipients of awards under this
subsection shall not be required to provide a matching
contribution.''.
SEC. 3004. INSTITUTE-WIDE PLANNING REPORT.
Section 23 of the National Institute of Standards and Technology
Act (15 U.S.C. 278i) is amended by adding at the end the following:
``(c) Three-Year Programmatic Planning Document.--Concurrent with
the submission to Congress of the President's annual budget request in
the first year after the date of enactment of this subsection, the
Director shall submit to Congress a 3-year programmatic planning
document for the Institute, including programs under the Scientific and
Technical Research and Services, Industrial Technology Services, and
Construction of Research Facilities functions.
``(d) Annual Update on Three-Year Programmatic Planning Document.--
Concurrent with the submission to the Congress of the President's
annual budget request in each year after the date of enactment of this
subsection, the Director shall submit to Congress an update to the 3-
year programmatic planning document submitted under subsection (c),
revised to cover the first 3 fiscal years after the date of that
update.''.
SEC. 3005. REPORT BY VISITING COMMITTEE.
Section 10(h)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278(h)(1)) is amended--
(1) by striking ``on or before January 31 in each year'' and
inserting ``not later than 30 days after the submittal to Congress
of the President's annual budget request in each year''; and
(2) by adding to the end the following: ``Such report also
shall comment on the programmatic planning document and updates
thereto submitted to Congress by the Director under subsections (c)
and (d) of section 23.''.
SEC. 3006. MEETINGS OF VISITING COMMITTEE ON ADVANCED TECHNOLOGY.
Section 10(d) of the National Institute of Standards and Technology
Act (15 U.S.C. 278(d)) is amended by striking ``quarterly'' and
inserting ``twice each year''.
SEC. 3007. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.
The National Institute of Standards and Technology Act is amended--
(1) by redesignating the first section 32 (15 U.S.C. 271 note)
as section 34 and moving it to the end of the Act; and
(2) by inserting before the section moved by paragraph (1) the
following new section:
``SEC. 33. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.
``(a) Authority.--
``(1) Establishment.--The Director shall establish a pilot
program of awards to partnerships among participants described in
paragraph (2) for the purposes described in paragraph (3). Awards
shall be made on a peer-reviewed, competitive basis.
``(2) Participants.--Such partnerships shall include at least--
``(A) 1 manufacturing industry partner; and
``(B) 1 nonindustry partner.
``(3) Purpose.--The purpose of the program under this section
is to foster cost-shared collaborations among firms, educational
institutions, research institutions, State agencies, and nonprofit
organizations to encourage the development of innovative,
multidisciplinary manufacturing technologies. Partnerships
receiving awards under this section shall conduct applied research
to develop new manufacturing processes, techniques, or materials
that would contribute to improved performance, productivity, and
competitiveness of United States manufacturing, and build lasting
alliances among collaborators.
``(b) Program Contribution.--Awards under this section shall
provide for not more than one-third of the costs of a partnership. Not
more than an additional one-third of such costs may be obtained
directly or indirectly from other Federal sources.
``(c) 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. Such applications shall
describe at a minimum--
``(1) how each partner will participate in developing and
carrying out the research agenda of the partnership;
``(2) the research that the grant would fund; and
``(3) how the research to be funded with the award would
contribute to improved performance, productivity, and
competitiveness of the United States manufacturing industry.
``(d) Selection Criteria.--In selecting applications for awards
under this section, the Director shall consider at a minimum--
``(1) the degree to which projects will have a broad impact on
manufacturing;
``(2) the novelty and scientific and technical merit of the
proposed projects; and
``(3) the demonstrated capabilities of the applicants to
successfully carry out the proposed research.
``(e) Distribution.--In selecting applications under this section
the Director shall ensure, to the extent practicable, a distribution of
overall awards among a variety of manufacturing industry sectors and a
range of firm sizes.
``(f) Duration.--In carrying out this section, the Director shall
run a single pilot competition to solicit and make awards. Each award
shall be for a 3-year period.''.
SEC. 3008. MANUFACTURING FELLOWSHIP PROGRAM.
Section 18 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-1) is amended--
(1) by inserting ``(a) In General.--'' before ``The Director is
authorized''; and
(2) by adding at the end the following new subsection:
``(b) Manufacturing Fellowship Program.--
``(1) Establishment.--To promote the development of a robust
research community working at the leading edge of manufacturing
sciences, the Director shall establish a program to award--
``(A) postdoctoral research fellowships at the Institute
for research activities related to manufacturing sciences; and
``(B) senior research fellowships to established
researchers in industry or at institutions of higher education
who wish to pursue studies related to the manufacturing
sciences at the Institute.
``(2) Applications.--To be eligible for an award under this
subsection, an individual shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may require.
``(3) Stipend levels.--Under this subsection, the Director
shall provide stipends for postdoctoral research fellowships at a
level consistent with the National Institute of Standards and
Technology Postdoctoral Research Fellowship Program, and senior
research fellowships at levels consistent with support for a
faculty member in a sabbatical position.''.
SEC. 3009. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.
(a) In General.--The Director of the National Institute of
Standards and Technology may procure the temporary or intermittent
services of experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United States Code, to
assist with urgent or short-term research projects.
(b) Extent of Authority.--A procurement under this section may not
exceed 1 year in duration, and the Director shall procure no more than
200 experts and consultants per year.
(c) Sunset.--This section shall cease to be effective after
September 30, 2010.
(d) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General shall submit to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on whether additional safeguards would be needed with respect to
the use of authorities granted under this section if such authorities
were to be made permanent.
SEC. 3010. MALCOLM BALDRIGE AWARDS.
Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3711a(c)(3)) is amended to read as follows:
``(3) In any year, not more than 18 awards may be made under this
section to recipients who have not previously received an award under
this section, and no award shall be made within any category described
in paragraph (1) if there are no qualifying enterprises in that
category.''.
SEC. 3011. REPORT ON NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
EFFORTS TO RECRUIT AND RETAIN EARLY CAREER SCIENCE AND
ENGINEERING RESEARCHERS.
Not later than 3 months after the date of the enactment of this
Act, the Director of the National Institute of Standards and Technology
shall submit to the Committee on Science and Technology of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate a report on efforts to recruit and retain
young scientists and engineers at the early stages of their careers at
the National Institute of Standards and Technology laboratories and
joint institutes. The report shall include--
(1) a description of National Institute of Standards and
Technology policies and procedures, including financial incentives,
awards, promotions, time set aside for independent research, access
to equipment or facilities, and other forms of recognition,
designed to attract and retain young scientists and engineers;
(2) an evaluation of the impact of these incentives on the
careers of young scientists and engineers at the National Institute
of Standards and Technology, and also on the quality of the
research at the National Institute of Standards and Technology's
laboratories and in the National Institute of Standards and
Technology's programs;
(3) a description of what barriers, if any, exist to efforts to
recruit and retain young scientists and engineers, including
limited availability of full time equivalent positions, legal and
procedural requirements, and pay grading systems; and
(4) the amount of funding devoted to efforts to recruit and
retain young researchers and the source of such funds.
SEC. 3012. TECHNOLOGY INNOVATION PROGRAM.
(a) Repeal of Advanced Technology Program.--Section 28 of the
National Institute of Standards and Technology Act (15 U.S.C. 278n) is
repealed.
(b) Establishment of Technology Innovation Program.--The National
Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is
amended by inserting after section 27 the following:
``SEC. 28. TECHNOLOGY INNOVATION PROGRAM.
``(a) Establishment.--There is established within the Institute a
program linked to the purpose and functions of the Institute, to be
known as the `Technology Innovation Program' for the purpose of
assisting United States businesses and institutions of higher education
or other organizations, such as national laboratories and nonprofit
research institutions, to support, promote, and accelerate innovation
in the United States through high-risk, high-reward research in areas
of critical national need.
``(b) External Funding.--
``(1) In general.--The Director shall award competitive, merit-
reviewed grants, cooperative agreements, or contracts to--
``(A) eligible companies that are small-sized businesses or
medium-sized businesses; or
``(B) joint ventures.
``(2) Single company awards.--No award given to a single
company shall exceed $3,000,000 over 3 years.
``(3) Joint venture awards.--No award given to a joint venture
shall exceed $9,000,000 over 5 years.
``(4) Federal cost share.--The Federal share of a project
funded by an award under the program shall not be more than 50
percent of total project costs.
``(5) Prohibitions.--Federal funds awarded under this program
may be used only for direct costs and not for indirect costs,
profits, or management fees of a contractor. Any business that is
not a small-sized or medium-sized business may not receive any
funding under this program.
``(c) Award Criteria.--The Director shall only provide assistance
under this section to an entity--
``(1) whose proposal has scientific and technical merit and may
result in intellectual property vesting in a United States entity
that can commercialize the technology in a timely manner;
``(2) whose application establishes that the proposed
technology has strong potential to address critical national needs
through transforming the Nation's capacity to deal with major
societal challenges that are not currently being addressed, and
generate substantial benefits to the Nation that extend
significantly beyond the direct return to the applicant;
``(3) whose application establishes that the research has
strong potential for advancing the state-of-the-art and
contributing significantly to the United States science and
technology knowledge base;
``(4) whose proposal explains why Technology Innovation Program
support is necessary, including evidence that the research will not
be conducted within a reasonable time period in the absence of
financial assistance under this section;
``(5) whose application demonstrates that reasonable efforts
have been made to secure funding from alternative funding sources
and no other alternative funding sources are reasonably available
to support the proposal; and
``(6) whose application explains the novelty of the technology
and demonstrates that other entities have not already developed,
commercialized, marketed, distributed, or sold similar
technologies.
``(d) Competitions.--The Director shall solicit proposals at least
annually to address areas of critical national need for high-risk,
high-reward projects.
``(e) Intellectual Property Rights Ownership.--
``(1) In general.--Title to any intellectual property developed
by a joint venture from assistance provided under this section may
vest in any participant in the joint venture, as agreed by the
members of the joint venture, notwithstanding section 202 (a) and
(b) of title 35, United States Code. The United States may reserve
a nonexclusive, nontransferable, irrevocable paid-up license, to
have practice for or on behalf of the United States in connection
with any such intellectual property, but shall not in the exercise
of such license publicly disclose proprietary information related
to the license. Title to any such intellectual property shall not
be transferred or passed, except to a participant in the joint
venture, until the expiration of the first patent obtained in
connection with such intellectual property.
``(2) Licensing.--Nothing in this subsection shall be construed
to prohibit the licensing to any company of intellectual property
rights arising from assistance provided under this section.
``(3) Definition.--For purposes of this subsection, the term
`intellectual property' means an invention patentable under title
35, United States Code, or any patent on such an invention, or any
work for which copyright protection is available under title 17,
United States Code.
``(f) Program Operation.--Not later than 9 months after the date of
the enactment of this section, the Director shall promulgate
regulations--
``(1) establishing criteria for the selection of recipients of
assistance under this section;
``(2) establishing procedures regarding financial reporting and
auditing to ensure that awards are used for the purposes specified
in this section, are in accordance with sound accounting practices,
and are not funding existing or planned research programs that
would be conducted within a reasonable time period in the absence
of financial assistance under this section; and
``(3) providing for appropriate dissemination of Technology
Innovation Program research results.
``(g) Annual Report.--The Director shall submit annually to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science and Technology of the House of Representatives
a report describing the Technology Innovation Program's activities,
including a description of the metrics upon which award funding
decisions were made in the previous fiscal year, any proposed changes
to those metrics, metrics for evaluating the success of ongoing and
completed awards, and an evaluation of ongoing and completed awards.
The first annual report shall include best practices for management of
programs to stimulate high-risk, high-reward research.
``(h) Continuation of ATP Grants.--The Director shall, through the
Technology Innovation Program, continue to provide support originally
awarded under the Advanced Technology Program, in accordance with the
terms of the original award and consistent with the goals of the
Technology Innovation Program.
``(i) Coordination With Other State and Federal Technology
Programs.--In carrying out this section, the Director shall, as
appropriate, coordinate with other senior State and Federal officials
to ensure cooperation and coordination in State and Federal technology
programs and to avoid unnecessary duplication of efforts.
``(j) Acceptance of Funds From Other Federal Agencies.--In addition
to amounts appropriated to carry out this section, the Secretary and
the Director may accept funds from other Federal agencies to support
awards under the Technology Innovation Program. Any award under this
section which is supported with funds from other Federal agencies shall
be selected and carried out according to the provisions of this
section. Funds accepted from other Federal agencies shall be included
as part of the Federal cost share of any project funded under this
section.
``(k) TIP Advisory Board.--
``(1) Establishment.--There is established within the Institute
a TIP Advisory Board.
``(2) Membership.--
``(A) In general.--The TIP Advisory Board shall consist of
10 members appointed by the Director, at least 7 of whom shall
be from United States industry, chosen to reflect the wide
diversity of technical disciplines and industrial sectors
represented in Technology Innovation Program projects. No
member shall be an employee of the Federal Government.
``(B) Term.--Except as provided in subparagraph (C) or (D),
the term of office of each member of the TIP Advisory Board
shall be 3 years.
``(C) Classes.--The original members of the TIP Advisory
Board shall be appointed to 3 classes. One class of 3 members
shall have an initial term of 1 year, one class of 3 members
shall have an initial term of 2 years, and one class of 4
members shall have an initial term of 3 years.
``(D) 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.
``(E) Serving consecutive terms.--Any person who has
completed 2 consecutive full terms of service on the TIP
Advisory Board shall thereafter be ineligible for appointment
during the 1-year period following the expiration of the second
such term.
``(3) Purpose.--The TIP Advisory Board shall meet not less than
2 times annually, and provide the Director--
``(A) advice on programs, plans, and policies of the
Technology Innovation Program;
``(B) reviews of the Technology Innovation Program's
efforts to accelerate the research and development of
challenging, high-risk, high-reward technologies in areas of
critical national need;
``(C) reports on the general health of the program and its
effectiveness in achieving its legislatively mandated mission;
and
``(D) guidance on investment areas that are appropriate for
Technology Innovation Program funding;
``(4) Advisory capacity.--In discharging its duties under this
subsection, the TIP Advisory Board shall function solely in an
advisory capacity, in accordance with the Federal Advisory
Committee Act.
``(5) Annual report.--The TIP Advisory Board shall transmit an
annual report to the Secretary for transmittal to the Congress not
later than 30 days after the submission to Congress of the
President's annual budget request in each year. Such report shall
address the status of the Technology Innovation Program and comment
on 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.
``(l) Definitions.--In this section--
``(1) the term `eligible company' means a small-sized or
medium-sized business that is incorporated in the United States and
does a majority of its business in the United States, and that
either--
``(A) is majority owned by citizens of the United States;
or
``(B) is owned by a parent company incorporated in another
country and the Director finds that--
``(i) the company's participation in the Technology
Innovation Program would be in the economic interest of the
United States, as evidenced by--
``(I) investments in the United States in research
and manufacturing;
``(II) significant contributions to employment in
the United States; and
``(III) agreement with respect to any technology
arising from assistance provided under this section to
promote the manufacture within the United States of
products resulting from that technology; and
``(ii) the company is incorporated in a country which--
``(I) affords to United States-owned companies
opportunities, comparable to those afforded to any
other company, to participate in any joint venture
similar to those receiving funding under this section;
``(II) affords to United States-owned companies
local investment opportunities comparable to those
afforded any other company; and
``(III) affords adequate and effective protection
for intellectual property rights of United States-owned
companies;
``(2) the term `high-risk, high-reward research' means research
that--
``(A) has the potential for yielding transformational
results with far-ranging or wide-ranging implications;
``(B) addresses critical national needs within the National
Institute of Standards and Technology's areas of technical
competence; and
``(C) is too novel or spans too diverse a range of
disciplines to fare well in the traditional peer-review
process;
``(3) the term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001);
``(4) the term `joint venture' means a joint venture that--
``(A) includes either--
``(i) at least 2 separately owned for-profit companies
that are both substantially involved in the project and
both of which are contributing to the cost-sharing required
under this section, with the lead entity of the joint
venture being one of those companies that is a small-sized
or medium-sized business; or
``(ii) at least 1 small-sized or medium-sized business
and 1 institution of higher education or other
organization, such as a national laboratory or nonprofit
research institute, that are both substantially involved in
the project and both of which are contributing to the cost-
sharing required under this section, with the lead entity
of the joint venture being either that small-sized or
medium-sized business or that institution of higher
education; and
``(B) may include additional for-profit companies,
institutions of higher education, and other organizations, such
as national laboratories and nonprofit research institutes,
that may or may not contribute non-Federal funds to the
project; and
``(5) the term `TIP Advisory Board' means the advisory board
established under subsection (k).''.
(c) Transition.--Notwithstanding the repeal made by subsection (a),
the Director shall carry out section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n) as such section was in
effect on the day before the date of the enactment of this Act, with
respect to applications for grants under such section submitted before
such date, until the earlier of--
(1) the date that the Director promulgates the regulations
required under section 28(f) of the National Institute of Standards
and Technology Act, as added by subsection (b); or
(2) December 31, 2007.
SEC. 3013. TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY ACT AND OTHER TECHNICAL AMENDMENTS.
(a) Research Fellowships.--Section 18 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-l) is amended by striking
``up to 1 per centum of the'' and inserting ``up to 1.5 percent of
the''.
(b) Financial Agreements Clarification.--Section 2(b)(4) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(b)(4)) is amended by inserting ``and grants and cooperative
agreements,'' after ``arrangements,''.
(c) Outdated Specifications.--
(1) Redefinition of the metric system.--Section 3570 of the
Revised Statutes of the United States (derived from section 2 of
the Act of July 28, 1866, entitled ``An Act to authorize the Use of
the Metric System of Weights and Measures'' (15 U.S.C. 205; 14
Stat. 339)) is amended to read as follows:
``SEC. 3570. METRIC SYSTEM DEFINED.
``The metric system of measurement shall be defined as the
International System of Units as established in 1960, and subsequently
maintained, by the General Conference of Weights and Measures, and as
interpreted or modified for the United States by the Secretary of
Commerce.''.
(2) Repeal of redundant and obsolete authority.--The Act of
July 21, 1950, entitled, ``An Act To redefine the units and
establish the standards of electrical and photometric
measurements.'' (15 U.S.C. 223 and 224) is hereby repealed.
(3) Standard time.--Section 1 of the Act of March 19, 1918,
(commonly known as the ``Calder Act'') (15 U.S.C. 261) is amended--
(A) by inserting ``(a) In General.--'' before ``For the
purpose'';
(B) by striking the second sentence and the extra period
after it and inserting ``Except as provided in section 3(a) of
the Uniform Time Act of 1966 (15 U.S.C. 260a), the standard
time of the first zone shall be Coordinated Universal Time
retarded by 4 hours; that of the second zone retarded by 5
hours; that of the third zone retarded by 6 hours; that of the
fourth zone retarded by 7 hours; that of the fifth zone
retarded 8 hours; that of the sixth zone retarded by 9 hours;
that of the seventh zone retarded by 10 hours; that of the
eighth zone retarded by 11 hours; and that of the ninth zone
shall be Coordinated Universal Time advanced by 10 hours.'';
and
(C) by adding at the end the following:
``(b) Coordinated Universal Time Defined.--In this section, the
term `Coordinated Universal Time' means the time scale maintained
through the General Conference of Weights and Measures and interpreted
or modified for the United States by the Secretary of Commerce in
coordination with the Secretary of the Navy.''.
(4) Idaho time zone.--Section 3 of the Act of March 19, 1918,
(commonly known as the ``Calder Act'') (15 U.S.C. 264) is amended
by striking ``third zone'' and inserting ``fourth zone''.
(d) Non-Energy Inventions Program.--Section 27 of the National
Institute of Standards and Technology Act (15 U.S.C. 278m) is repealed.
SEC. 3014. RETENTION OF DEPRECIATION SURCHARGE.
Section 14 of the National Institute of Standards and Technology
Act (15 U.S.C. 278d) is amended--
(1) by inserting ``(a) In General.--'' before ``Within''; and
(2) by adding at the end the following:
``(b) Retention of Fees.--The Director is authorized to retain all
building use and depreciation surcharge fees collected pursuant to OMB
Circular A-25. Such fees shall be collected and credited to the
Construction of Research Facilities Appropriation Account for use in
maintenance and repair of the Institute's existing facilities.''.
SEC. 3015. POST-DOCTORAL FELLOWS.
Section 19 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-2) is amended by striking ``nor more than 60 new
fellows'' and inserting ``nor more than 120 new fellows''.
TITLE IV--OCEAN AND ATMOSPHERIC PROGRAMS
SEC. 4001. OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT PROGRAM.
The Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Director of the National
Science Foundation and the Administrator of the National Aeronautics
and Space Administration, shall establish a coordinated program of
ocean, coastal, Great Lakes, and atmospheric research and development,
in collaboration with academic institutions and other nongovernmental
entities, that shall focus on the development of advanced technologies
and analytical methods that will promote United States leadership in
ocean and atmospheric science and competitiveness in the applied uses
of such knowledge.
SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall conduct, develop, support, promote,
and coordinate formal and informal educational activities at all levels
to enhance public awareness and understanding of ocean, coastal, Great
Lakes, and atmospheric science and stewardship by the general public
and other coastal stakeholders, including underrepresented groups in
ocean and atmospheric science and policy careers. In conducting those
activities, the Administrator shall build upon the educational programs
and activities of the agency.
(b) NOAA Science Education Plan.--The Administrator, appropriate
National Oceanic and Atmospheric Administration programs, ocean
atmospheric science and education experts, and interested members of
the public shall develop a science education plan setting forth
education goals and strategies for the Administration, as well as
programmatic actions to carry out such goals and priorities over the
next 20 years, and evaluate and update such plan every 5 years.
(c) Construction.--Nothing in this section may be construed to
affect the application of section 438 of the General Education
Provisions Act (20 U.S.C. 1232a) or sections 504 and 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794 and 794d).
SEC. 4003. NOAA'S CONTRIBUTION TO INNOVATION.
(a) Participation in Interagency Activities.--The National Oceanic
and Atmospheric Administration shall be a full participant in any
interagency effort to promote innovation and economic competitiveness
through near-term and long-term basic scientific research and
development and the promotion of science, technology, engineering, and
mathematics education, consistent with the agency mission, including
authorized activities.
(b) Historic Foundation.--In order to carry out the participation
described in subsection (a), the Administrator of the National Oceanic
and Atmospheric Administration shall build on the historic role of the
National Oceanic and Atmospheric Administration in stimulating
excellence in the advancement of ocean and atmospheric science and
engineering disciplines and in providing opportunities and incentives
for the pursuit of academic studies in science, technology,
engineering, and mathematics.
TITLE V--DEPARTMENT OF ENERGY
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Protecting America's Competitive
Edge Through Energy Act'' or the ``PACE-Energy Act''.
SEC. 5002. DEFINITIONS.
In this title:
(1) Department.--The term ``Department'' means the Department
of Energy.
(2) 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)).
(3) National laboratory.--The term ``National Laboratory'' has
the meaning given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
SEC. 5003. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION AT THE
DEPARTMENT OF ENERGY.
(a) Science Education Programs.--Section 3164 of the Department of
Energy Science Education Enhancement Act (42 U.S.C. 7381a) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (f), respectively;
(2) by inserting after subsection (a) the following:
``(b) Organization of Science, Engineering, and Mathematics
Education Programs.--
``(1) Director of science, engineering, and mathematics
education.--Notwithstanding any other provision of law, the
Secretary, acting through the Under Secretary for Science (referred
to in this subsection as the `Under Secretary'), shall appoint a
Director of Science, Engineering, and Mathematics Education
(referred to in this subsection as the `Director') with the
principal responsibility for administering science, engineering,
and mathematics education programs across all functions of the
Department.
``(2) Qualifications.--The Director shall be an individual, who
by reason of professional background and experience, is specially
qualified to advise the Under Secretary on all matters pertaining
to science, engineering, and mathematics education at the
Department.
``(3) Duties.--The Director shall--
``(A) oversee all science, engineering, and mathematics
education programs of the Department;
``(B) represent the Department as the principal interagency
liaison for all science, engineering, and mathematics education
programs, unless otherwise represented by the Secretary or the
Under Secretary;
``(C) prepare the annual budget and advise the Under
Secretary on all budgetary issues for science, engineering, and
mathematics education programs of the Department;
``(D) increase, to the maximum extent practicable, the
participation and advancement of women and underrepresented
minorities at every level of science, technology, engineering,
and mathematics education; and
``(E) perform other such matters relating to science,
engineering, and mathematics education as are required by the
Secretary or the Under Secretary.
``(4) Staff and other resources.--The Secretary shall assign to
the Director such personnel and other resources as the Secretary
considers necessary to permit the Director to carry out the duties
of the Director.
``(5) Assessment.--
``(A) In general.--The Secretary shall offer to enter into
a contract with the National Academy of Sciences under which
the National Academy, not later than 5 years after, and not
later than 10 years after, the date of enactment of this
paragraph, shall assess the performance of the science,
engineering, and mathematics education programs of the
Department.
``(B) Considerations.--An assessment under this paragraph
shall be conducted taking into consideration, where applicable,
the effect of science, engineering, and mathematics education
programs of the Department on student academic achievement in
science and mathematics.
``(6) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
subsection.''; and
(3) by striking subsection (d) (as redesignated by paragraph
(1)) and inserting the following:
``(d) Science, Engineering, and Mathematics Education Fund.--The
Secretary shall establish a Science, Engineering, and Mathematics
Education Fund, using not less than 0.3 percent of the amount made
available to the Department for research, development, demonstration,
and commercial application for each fiscal year, to carry out sections
3165, 3166, and 3167.
``(e) Annual Plan for Allocation of Education Funding.--The
Secretary shall submit to Congress as part of the annual budget
submission for a fiscal year a report describing the manner in which
the Department has complied with subsection (d) for the prior fiscal
year and the manner in which the Department proposes to comply with
subsection (d) during the following fiscal year, including--
``(1) the total amount of funding for research, development,
demonstration, and commercial application activities for the
corresponding fiscal year;
``(2) the amounts set aside for the Science, Engineering, and
Mathematics Education Fund under subsection (d) from funding for
research activities, development activities, demonstration
activities, and commercial application activities for the
corresponding fiscal year; and
``(3) a description of how the funds set aside under subsection
(d) were allocated for the prior fiscal year and will be allocated
for the following fiscal year.''.
(b) Consultation.--The Secretary shall--
(1) consult with the Secretary of Education and the Director of
the National Science Foundation regarding activities authorized
under subpart B of the Department of Energy Science Education
Enhancement Act (as added by subsection (d)(3)) to improve science
and mathematics education; and
(2) otherwise make available to the Secretary of Education
reports associated with programs authorized under that section.
(c) Definition.--Section 3168 of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381d) is amended by adding at the
end the following:
``(5) National laboratory.--The term `National Laboratory' has
the meaning given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).''.
(d) Science, Engineering, and Mathematics Education Programs.--The
Department of Energy Science Education Enhancement Act (42 U.S.C. 7381
et seq.) is amended--
(1) by inserting after section 3162 (42 U.S.C. 7381) the
following:
``Subpart A--Science Education Enhancement'';
(2) in section 3169 (42 U.S.C. 7381e), by striking ``part'' and
inserting ``subpart''; and
(3) by adding at the end the following:
``Subpart B--Science, Engineering, and Mathematics Education Programs
``SEC. 3170. DEFINITIONS.
``In this subpart:
``(1) Director.--The term `Director' means the Director of
Science, Engineering, and Mathematics Education.
``(2) National laboratory.--The term `National Laboratory' has
the meaning given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
``CHAPTER 1--PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR SCIENCE
AND MATHEMATICS
``SEC. 3171. PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR SCIENCE
AND MATHEMATICS.
``(a) Purpose.--The purpose of this section is to establish a pilot
program of grants to States to help establish or expand public,
statewide specialty secondary schools that provide comprehensive
science and mathematics (including technology and engineering)
education to improve the academic achievement of students in science
and mathematics.
``(b) Definition of Specialty School for Science and Mathematics.--
In this chapter, the term `specialty school for science and
mathematics' means a public secondary school (including a school that
provides residential services to students) that--
``(1) serves students residing in the State in which the school
is located; and
``(2) offers to those students a high-quality, comprehensive
science and mathematics (including technology and engineering)
curriculum designed to improve the academic achievement of students
in science and mathematics.
``(c) Pilot Program Authorized.--
``(1) In general.--From the amounts authorized under subsection
(i), the Secretary, acting through the Director and in consultation
with the Director of the National Science Foundation, shall award
grants, on a competitive basis, to States in order to provide
assistance to the States for the costs of establishing or expanding
public, statewide specialty schools for science and mathematics.
``(2) Resources.--The Director shall ensure that appropriate
resources of the Department, including the National Laboratories,
are available to schools funded under this section in order to--
``(A) increase experiential, hands-on learning
opportunities in science, technology, engineering, and
mathematics for students attending such schools; and
``(B) provide ongoing professional development
opportunities for teachers employed at such schools.
``(3) Assistance.--Consistent with sections 3165 and 3166, the
Director shall make available from funds authorized in this section
to carry out a program using scientific and engineering staff of
the National Laboratories, during which the staff--
``(A) assists teachers in teaching courses at the schools
funded under this section;
``(B) uses National Laboratory scientific equipment in
teaching the courses; and
``(C) uses distance education and other technologies to
provide assistance described in subparagraphs (A) and (B) to
schools funded under this section that are not located near the
National Laboratories.
``(4) Restrictions.--
``(A) Maximum number of funded specialty schools per
state.--No State shall receive funding for more than 1
specialty school for science and mathematics for a fiscal year.
``(B) Maximum amount and duration of grants.--A grant
awarded to a State for a specialty school for science and
mathematics under this section--
``(i) shall not exceed $2,000,000 for a fiscal year;
and
``(ii) shall not be provided for more than 3 fiscal
years.
``(d) Federal and Non-Federal Shares.--
``(1) Federal share.--The Federal share of the costs described
in subsection (c)(1) shall not exceed 33 percent.
``(2) Non-federal share.--The non-Federal share of the costs
described in subsection (c)(1) shall be--
``(A) not less than 67 percent; and
``(B) provided from non-Federal sources, in cash or in
kind, fairly evaluated, including services.
``(e) Application.--To be eligible to receive a grant under this
section, a State shall submit to the Director an application at such
time, in such manner, and containing such information as the Director
may require that describes--
``(1) the process by which and selection criteria with which
the State will select and designate a school as a specialty school
for science and mathematics in accordance with this section;
``(2) how the State will ensure that funds made available under
this section are used to establish or expand a specialty school for
science and mathematics--
``(A) in accordance with the activities described in
subsection (g); and
``(B) that has the capacity to improve the academic
achievement of all students in all core academic subjects, and
particularly in science and mathematics;
``(3) how the State will measure the extent to which the school
increases student academic achievement on State academic
achievement standards in science, mathematics, and, to the maximum
extent applicable, technology and engineering;
``(4) the curricula and materials to be used in the school;
``(5) the availability of funds from non-Federal sources for
the costs of the activities authorized under this section; and
``(6) how the State will use technical assistance and support
from the Department, including the National Laboratories, and other
entities with experience and expertise in science, technology,
engineering, and mathematics education, including institutions of
higher education.
``(f) Distribution.--In awarding grants under this section, the
Director shall--
``(1) ensure a wide, equitable distribution among States that
propose to serve students from urban and rural areas; and
``(2) provide equal consideration to States without National
Laboratories.
``(g) Uses of Funds.--
``(1) Requirement.--A State that receives a grant under this
section shall use the funds made available through the grant to--
``(A) employ proven strategies and methods for improving
student learning and teaching in science, technology,
engineering, and mathematics;
``(B) integrate into the curriculum of the school
comprehensive science and mathematics education, including
instruction and assessments in science, mathematics, and to the
extent applicable, technology and engineering that are aligned
with the academic content and student academic achievement
standards of the State, within the meaning of section 1111 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311);
``(C) create opportunities for enhanced and ongoing
professional development for teachers that improves the
science, technology, engineering, and mathematics content
knowledge of the teachers; and
``(D) design and implement hands-on laboratory experiences
to help prepare students to pursue postsecondary studies in
science, technology, engineering, and mathematics fields.
``(2) Special rule.--Grant funds under this section may be used
for activities described in paragraph (1) only if the activities
are directly relating to improving student academic achievement in
science, mathematics, and to the extent applicable, technology and
engineering.
``(h) Evaluation and Report.--
``(1) State evaluation and report.--
``(A) Evaluation.--Each State that receives a grant under
this section shall develop and carry out an evaluation and
accountability plan for the activities funded through the grant
that measures the impact of the activities, including
measurable objectives for improved student academic achievement
on State science, mathematics, and, to the maximum extent
applicable, technology and engineering assessments.
``(B) Report.--The State shall submit to the Director a
report containing the results of the evaluation and
accountability plan.
``(2) Report to congress.--Not later than 2 years after the
date of enactment of the PACE-Energy Act, the Director shall submit
a report detailing the impact of the activities assisted with funds
made available under this section to--
``(A) the Committee on Science and Technology of the House
of Representatives;
``(B) the Committee on Energy and Natural Resources of the
Senate; and
``(C) the Committee on Health, Education, Labor, and
Pensions of the Senate.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $14,000,000 for fiscal year 2008;
``(2) $22,500,000 for fiscal year 2009; and
``(3) $30,000,000 for fiscal year 2010.
``CHAPTER 2--EXPERIENTIAL-BASED LEARNING OPPORTUNITIES
``SEC. 3175. EXPERIENTIAL-BASED LEARNING OPPORTUNITIES.
``(a) Internships Authorized.--
``(1) In general.--From the amounts authorized under subsection
(f), the Secretary, acting through the Director, shall establish a
summer internship program for middle school and secondary school
students that shall--
``(A) provide the students with internships at the National
Laboratories;
``(B) promote experiential, hands-on learning in science,
technology, engineering, or mathematics; and
``(C) be of at least 2 weeks in duration.
``(2) Residential services.--The Director may provide
residential services to students participating in the internship
program authorized under paragraph (1).
``(b) Selection Criteria.--
``(1) In general.--The Director shall establish criteria to
determine the sufficient level of academic preparedness necessary
for a student to be eligible for an internship under this section.
``(2) Participation.--The Director shall ensure the
participation of students from a wide distribution of States,
including States without National Laboratories.
``(3) Student achievement.--The Director may consider the
academic achievement of middle and secondary school students in
determining eligibility under this section, in accordance with
paragraphs (1) and (2).
``(c) Priority.--
``(1) In general.--The Director shall give priority for an
internship under this section to a student who meets the
eligibility criteria described in subsection (b) and who attends a
school--
``(A)(i) in which not less than 30 percent of the children
enrolled in the school are from low-income families; or
``(ii) that is designated with a school locale code of 41,
42, or 43, as determined by the Secretary of Education; and
``(B) for which there is--
``(i) a high percentage of teachers who are not
teaching in the academic subject areas or grade levels in
which the teachers were trained to teach;
``(ii) a high teacher turnover rate; or
``(iii) a high percentage of teachers with emergency,
provisional, or temporary certification or licenses.
``(2) Coordination.--The Director shall consult with the
Secretary of Education in order to determine whether a student
meets the priority requirements of this subsection.
``(d) Outreach and Experiential-Based Programs for Minority
Students.--
``(1) In general.--The Secretary, acting through the Director,
in cooperation with Hispanic-serving institutions, historically
Black colleges and universities, tribally controlled colleges and
universities, Alaska Native- and Native Hawaiian-serving
institutions, and other minority-serving institutions and nonprofit
entities with substantial experience relating to outreach and
experiential-based learning projects, shall establish outreach and
experiential-based learning programs that will encourage
underrepresented minority students in kindergarten through grade 12
to pursue careers in science, engineering, and mathematics.
``(2) Community involvement.--The Secretary shall ensure that
the programs established under paragraph (1) involve, to the
maximum extent practicable--
``(A) participation by parents and educators; and
``(B) the establishment of partnerships with business
organizations and appropriate Federal, State, and local
agencies.
``(3) Distribution.--The Secretary shall ensure that the
programs established under paragraph (1) are located in diverse
geographic regions of the United States, to the maximum extent
practicable.
``(e) Evaluation and Accountability Plan.--The Director shall
develop an evaluation and accountability plan for the activities funded
under this chapter that objectively measures the impact of the
activities.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,500,000 for each of fiscal
years 2008 through 2010.
``CHAPTER 3--NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION
``SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION.
``(a) Definition of High-Need Public Secondary School.--In this
section, the term `high-need public secondary school' means a secondary
school--
``(1) with a high concentration of low-income individuals (as
defined in section 1707 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6537)); or
``(2) designated with a school locale code of 41, 42, or 43, as
determined by the Secretary of Education.
``(b) Establishment.--The Secretary shall establish at each of the
National Laboratories a program to support a Center of Excellence in
Science, Technology, Engineering, and Mathematics (referred to in this
section as a `Center of Excellence') in at least 1 high-need public
secondary school located in the region served by the National
Laboratory to provide assistance in accordance with subsection (f).
``(c) Collaboration.--
``(1) In general.--To comply with subsection (g), each high-
need public secondary school selected as a Center of Excellence and
the National Laboratory shall form a partnership with a school,
department, or program of education at an institution of higher
education.
``(2) Nonprofit entities.--The partnership may include a
nonprofit entity with demonstrated experience and effectiveness in
science or mathematics, as agreed to by other members of the
partnership.
``(d) Selection.--
``(1) In general.--The Secretary, acting through the Director,
shall establish criteria to guide the National Laboratories in
selecting the sites for Centers of Excellence.
``(2) Process.--A National Laboratory shall select a site for a
Center of Excellence through an open, widely-publicized, and
competitive process.
``(e) Goals.--The Secretary shall establish goals and performance
assessments for each Center of Excellence authorized under subsection
(b).
``(f) Assistance.--Consistent with sections 3165 and 3166, the
Director shall make available necessary assistance for a program
established under this section through the use of scientific and
engineering staff of a National Laboratory, including the use of
staff--
``(1) to assist teachers in teaching a course at a Center of
Excellence in Science, Technology, Engineering, and Mathematics;
and
``(2) to use National Laboratory scientific equipment in the
teaching of the course.
``(g) Special Rules.--A Center of Excellence in a region shall
ensure--
``(1) provision of clinical practicum, student teaching, or
internship experiences for science, technology, and mathematics
teacher candidates as part of the teacher preparation program of
the Center of Excellence;
``(2) provision of supervision and mentoring for teacher
candidates in the teacher preparation program; and
``(3) to the maximum extent practicable, provision of
professional development for veteran teachers in the public
secondary schools in the region.
``(h) Evaluation.--The Secretary shall consider the results of
performance assessments required under subsection (e) in determining
the contract award fee of a National Laboratory management and
operations contractor.
``(i) Plan.--The Director shall--
``(1) develop an evaluation and accountability plan for the
activities funded under this section that objectively measures the
impact of the activities; and
``(2) disseminate information obtained from those measurements.
``(j) No Effect on Similar Programs.--Nothing in this section
displaces or otherwise affects any similar program being carried out as
of the date of enactment of this section at any National Laboratory
under any other provision of law.
``CHAPTER 4--SUMMER INSTITUTES
``SEC. 3185. SUMMER INSTITUTES.
``(a) Definitions.--In this section:
``(1) Eligible partner.--The term `eligible partner' means--
``(A) the science, engineering, or mathematics department
at an institution of higher education, acting in coordination
with a school, department, or program of education at an
institution of higher education that provides training for
teachers and principals; or
``(B) a nonprofit entity with expertise in providing
professional development for science, technology, engineering,
or mathematics teachers.
``(2) Summer institute.--The term `summer institute' means an
institute, operated during the summer, that--
``(A) is hosted by a National Laboratory or an eligible
partner;
``(B) is operated for a period of not less than 2 weeks;
``(C) includes, as a component, a program that provides
direct interaction between students and faculty, including
personnel of 1 or more National Laboratories who have
scientific expertise;
``(D) provides for follow-up training, during the academic
year, that is conducted in the classroom; and
``(E) provides hands-on science, technology, engineering,
or mathematics laboratory experience for not less than 2 days.
``(b) Summer Institute Programs Authorized.--
``(1) Programs at the national laboratories.--The Secretary,
acting through the Director, shall establish or expand programs of
summer institutes at each of the National Laboratories to provide
additional training to strengthen the science, technology,
engineering, and mathematics teaching skills of teachers employed
at public schools for kindergarten through grade 12, in accordance
with the activities authorized under paragraphs (3) and (4).
``(2) Programs with eligible partners.--
``(A) In general.--The Secretary, acting through the
Director, shall identify and provide assistance as described in
subparagraph (C) to eligible partners to establish or expand
programs of summer institutes that provide additional training
to strengthen the science, technology, engineering, and
mathematics teaching skills of teachers employed at public
schools for kindergarten through grade 12, in accordance with
paragraphs (3) and (4).
``(B) Selection criteria.--In identifying eligible partners
under subparagraph (A), the Secretary shall require that
partner institutions describe--
``(i) how the partner institution has the capability to
administer the program in accordance with this section,
which may include a description of any existing programs at
the institution of the applicant that are targeted at
education of science and mathematics teachers and the
number of teachers graduated annually from the programs;
and
``(ii) how the partner institution will assist the
National Laboratory in carrying out the activities
described in paragraphs (3) and (4).
``(C) Assistance.--Consistent with sections 3165 and 3166,
the Director shall make available funds authorized under this
section to carry out a program using scientific and engineering
staff of the National Laboratories, during which the staff--
``(i) assists in providing training to teachers at
summer institutes; and
``(ii) uses National Laboratory scientific equipment in
the training.
``(3) Required activities.--Funds authorized under this section
shall be used for--
``(A) creating opportunities for enhanced and ongoing
professional development for teachers that improves the
science, technology, engineering, and mathematics content
knowledge of the teachers;
``(B) training to improve the ability of science,
technology, engineering, and mathematics teachers to translate
content knowledge and recent developments in pedagogy into
classroom practice, including training to use curricula that
are--
``(i) based on scientific research; and
``(ii) aligned with challenging State academic content
standards;
``(C) training on the use and integration of technology in
the classrooms; and
``(D) supplemental and follow-up professional development
activities as described in subsection (a)(2)(D).
``(4) Additional uses of funds.--Funds authorized under this
section may be used for--
``(A) training and classroom materials to assist in
carrying out paragraph (3);
``(B) expenses associated with scientific and engineering
staff at the National Laboratories assisting in providing
training to teachers at summer institutes;
``(C) instruction in the use and integration of data and
assessments to inform and instruct classroom practice; and
``(D) stipends and travel expenses for teachers
participating in the program.
``(c) Priority.--To the maximum extent practicable, the Director
shall ensure that each summer institute program authorized under
subsection (b) provides training to--
``(1) teachers from a wide range of school districts;
``(2) teachers from high-need school districts; and
``(3) teachers from groups underrepresented in the fields of
science, technology, engineering, and mathematics teaching,
including women and members of minority groups.
``(d) Coordination and Consultation.--The Director shall consult
and coordinate with the Secretary of Education and the Director of the
National Science Foundation regarding the implementation of the
programs authorized under subsection (b).
``(e) Evaluation and Accountability Plan.--
``(1) In general.--The Director shall develop an evaluation and
accountability plan for the activities funded under this section
that measures the impact of the activities.
``(2) Contents.--The evaluation and accountability plan shall
include--
``(A) measurable objectives to increase the number of
science, technology, and mathematics teachers who participate
in the summer institutes involved; and
``(B) measurable objectives for improved student academic
achievement on State science, mathematics, and to the maximum
extent applicable, technology and engineering assessments.
``(3) Report to congress.--The Secretary shall submit to
Congress with the annual budget submission of the Secretary a
report on how the activities assisted under this section improve
the science, technology, engineering, and mathematics teaching
skills of participating teachers.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $15,000,000 for fiscal year 2008;
``(2) $20,000,000 for fiscal year 2009; and
``(3) $25,000,000 for fiscal year 2010.
``CHAPTER 5--NATIONAL ENERGY EDUCATION DEVELOPMENT
``SEC. 3191. NATIONAL ENERGY EDUCATION DEVELOPMENT.
``(a) In General.--The Secretary, acting through the Director and
in consultation with the Director of the National Science Foundation,
shall establish a program to coordinate and make available to teachers
and students web-based kindergarten through high school science,
technology, engineering, and mathematics education resources relating
to the science and energy mission of the Department, including existing
instruction materials and protocols for classroom laboratory
experiments.
``(b) Energy Education.--The materials and other resources required
under subsection (a) shall include instruction relating to--
``(1) the science of energy;
``(2) the sources of energy;
``(3) the uses of energy in society; and
``(4) the environmental consequences and benefits of all energy
sources and uses.
``(c) Dissemination.--The Secretary, acting through the Director,
shall take all steps necessary, such as through participation in
education association conferences, to advertise the program authorized
under this section to K-12 teachers and science education coordinators
across the United States.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $500,000 for fiscal year 2008; and
``(2) such sums as necessary for each fiscal year thereafter.
``CHAPTER 6--ADMINISTRATION
``SEC. 3195. MENTORING PROGRAM.
``(a) In General.--As part of the programs established under
chapters 1, 3, and 4, the Director shall establish a program to recruit
and provide mentors for women and underrepresented minorities who are
interested in careers in science, engineering, and mathematics.
``(b) Pairing.--The program shall pair mentors with women and
minorities who are in programs of study at specialty schools for
science and mathematics, Centers of Excellence, and summer institutes
established under chapters 1, 3, and 4, respectively.
``(c) Program Evaluation.--The Secretary shall annually--
``(1) use metrics to evaluate the success of the programs
established under subsection (a); and
``(2) submit to Congress a report that describes the results of
each evaluation.''.
SEC. 5004. NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR INSTITUTIONS OF
HIGHER EDUCATION.
(a) Purposes.--The purposes of this section are--
(1) to address the decline in the number of and resources
available to nuclear science programs at institutions of higher
education; and
(2) to increase the number of graduates with degrees in nuclear
science, an area of strategic importance to the economic
competitiveness and energy security of the United States.
(b) Definition of Nuclear Science.--In this section, the term
``nuclear science'' includes--
(1) nuclear science;
(2) nuclear engineering;
(3) nuclear chemistry;
(4) radio chemistry; and
(5) health physics.
(c) Establishment.--The Secretary shall establish, in accordance
with this section, a program to expand and enhance institution of
higher education nuclear science educational capabilities.
(d) Nuclear Science Program Expansion Grants for Institutions of
Higher Education.--
(1) In general.--The Secretary shall award up to 3 competitive
grants for each fiscal year to institutions of higher education
that establish new academic degree programs in nuclear science.
(2) Priority.--In evaluating grants under this subsection, the
Secretary shall give priority to proposals that involve
partnerships with a National Laboratory or other eligible nuclear-
related entity, as determined by the Secretary.
(3) Criteria.--Criteria for a grant awarded under this
subsection shall be based on--
(A) the potential to attract new students to the program;
(B) academic rigor; and
(C) the ability to offer hands-on learning opportunities.
(4) Duration and amount.--
(A) Duration.--A grant under this subsection may be up to 5
years in duration.
(B) Amount.--An institution of higher education that
receives a grant under this subsection shall be eligible for up
to $1,000,000 for each year of the grant period.
(5) Use of funds.--An institution of higher education that
receives a grant under this subsection may use the grant to--
(A) recruit and retain new faculty;
(B) develop core and specialized course content;
(C) encourage collaboration between faculty and researchers
in the nuclear science field; and
(D) support outreach efforts to recruit students.
(e) Nuclear Science Competitiveness Grants for Institutions of
Higher Education.--
(1) In general.--The Secretary shall award up to 5 competitive
grants for each fiscal year to institutions of higher education
with existing academic degree programs that produce graduates in
nuclear science.
(2) Criteria.--Criteria for a grant awarded under this
subsection shall be based on the potential for increasing the
number and academic quality of graduates in the nuclear sciences
who enter into careers in nuclear-related fields.
(3) Duration and amount.--
(A) Duration.--A grant under this subsection may be up to 5
years in duration.
(B) Amount.--An institution of higher education that
receives a grant under this subsection shall be eligible for up
to $500,000 for each year of the grant period.
(4) Use of funds.--An institution of higher education that
receives a grant under this subsection may use the grant to--
(A) increase the number of graduates in nuclear science
that enter into careers in the nuclear science field;
(B) enhance the teaching of advanced nuclear technologies;
(C) aggressively pursue collaboration opportunities with
industry and National Laboratories;
(D) bolster or sustain nuclear infrastructure and research
facilities of the institution of higher education, such as
research and training reactors or laboratories; and
(E) provide tuition assistance and stipends to
undergraduate and graduate students.
(f) Authorization of Appropriations.--
(1) Nuclear science program expansion grants for institutions
of higher education.--There are authorized to be appropriated to
carry out subsection (d)--
(A) $3,500,000 for fiscal year 2008;
(B) $6,500,000 for fiscal year 2009; and
(C) $9,500,000 for fiscal year 2010.
(2) Nuclear science competitiveness grants for institutions of
higher education.--There are authorized to be appropriated to carry
out subsection (e)--
(A) $3,000,000 for fiscal year 2008;
(B) $5,500,000 for fiscal year 2009; and
(C) $8,000,000 for fiscal year 2010.
SEC. 5005. HYDROCARBON SYSTEMS SCIENCE TALENT EXPANSION PROGRAM FOR
INSTITUTIONS OF HIGHER EDUCATION.
(a) Purposes.--The purposes of this section are--
(1) to address the decline in the number of and resources
available to hydrocarbon systems science programs at institutions
of higher education; and
(2) to increase the number of graduates with degrees in
hydrocarbon systems science, an area of strategic importance to the
economic competitiveness and energy security of the United States.
(b) Definition of Hydrocarbon Systems Science.--In this section:
(1) In general.--The term ``hydrocarbon systems science'' means
a science involving natural gas or other petroleum exploration,
development, or production.
(2) Inclusions.--The term ``hydrocarbon systems science''
includes--
(A) petroleum or reservoir engineering;
(B) environmental geoscience;
(C) petrophysics;
(D) geophysics;
(E) geochemistry;
(F) petroleum geology;
(G) ocean engineering;
(H) environmental engineering; and
(I) computer science, as computer science relates to a
science described in this subsection.
(c) Establishment.--The Secretary shall establish, in accordance
with this section, a program to expand and enhance institution of
higher education hydrocarbon systems science educational capabilities.
(d) Hydrocarbon Systems Science Program Expansion Grants for
Institutions of Higher Education.--
(1) In general.--The Secretary shall award up to 3 competitive
grants for each fiscal year to institutions of higher education
that establish new academic degree programs in hydrocarbon systems
science.
(2) Eligibility.--In evaluating grants under this subsection,
the Secretary shall give priority to proposals that involve
partnerships with the National Laboratories, including the National
Energy Technology Laboratory, or other hydrocarbon systems
scientific entities, as determined by the Secretary.
(3) Criteria.--Criteria for a grant awarded under this
subsection shall be based on--
(A) the potential to attract new students to the program;
(B) academic rigor; and
(C) the ability to offer hands-on learning opportunities.
(4) Duration and amount.--
(A) Duration.--A grant under this subsection may be up to 5
years in duration.
(B) Amount.--An institution of higher education that
receives a grant under this subsection shall be eligible for up
to $1,000,000 for each year of the grant period.
(5) Use of funds.--An institution of higher education that
receives a grant under this subsection may use the grant to--
(A) recruit and retain new faculty;
(B) develop core and specialized course content;
(C) encourage collaboration between faculty and researchers
in the hydrocarbon systems science field; and
(D) support outreach efforts to recruit students.
(e) Hydrocarbon Systems Science Competitiveness Grants for
Institutions of Higher Education.--
(1) In general.--The Secretary shall award up to 5 competitive
grants for each fiscal year to institutions of higher education
with existing academic degree programs that produce graduates in
hydrocarbon systems science.
(2) Criteria.--Criteria for a grant awarded under this
subsection shall be based on the potential for increasing the
number and academic quality of graduates in hydrocarbon systems
sciences who enter into careers in natural gas and other petroleum
exploration, development, and production related fields.
(3) Duration and amount.--
(A) Duration.--A grant under this subsection may be up to 5
years in duration.
(B) Amount.--An institution of higher education that
receives a grant under this subsection shall be eligible for up
to $500,000 for each year of the grant period.
(4) Use of funds.--An institution of higher education that
receives a grant under this subsection may use the grant to--
(A) increase the number of graduates in the hydrocarbon
systems sciences that enter into careers in the natural gas and
other petroleum exploration, development, and production
science fields;
(B) enhance the teaching of advanced natural gas and other
petroleum exploration, development, and production
technologies;
(C) aggressively pursue collaboration opportunities with
industry and the National Laboratories, including the National
Energy Technology Laboratory;
(D) bolster or sustain natural gas and other petroleum
exploration, development, and production infrastructure and
research facilities of the institution of higher education,
such as research and training or laboratories; and
(E) provide tuition assistance and stipends to
undergraduate and graduate students.
(f) Authorization of Appropriations.--
(1) Hydrocarbon systems science program expansion grants for
institutions of higher education.--There are authorized to be
appropriated to carry out subsection (d)--
(A) $3,500,000 for fiscal year 2008;
(B) $6,500,000 for fiscal year 2009; and
(C) $9,500,000 for fiscal year 2010.
(2) Hydrocarbon systems science competitiveness grants for
institutions of higher education.--There are authorized to be
appropriated to carry out subsection (e)--
(A) $3,000,000 for fiscal year 2008;
(B) $5,500,000 for fiscal year 2009; and
(C) $8,000,000 for fiscal year 2010.
SEC. 5006. DEPARTMENT OF ENERGY EARLY CAREER AWARDS FOR SCIENCE.
ENGINEERING, AND MATHEMATICS RESEARCHERS.
(a) Grant Awards.--The Director of the Office of Science of the
Department (referred to in this section as the ``Director'') shall
carry out a program to award grants to scientists and engineers at an
early career stage at institutions of higher education and
organizations described in subsection (c) to conduct research in fields
relevant to the mission of the Department.
(b) Amount and Duration.--
(1) Amount.--The amount of a grant awarded under this section
shall be--
(A) not less than $80,000; and
(B) not more than $125,000.
(2) Duration.--The term of a grant awarded under this section
shall be not more than 5 years.
(c) Eligibility.--
(1) In general.--To be eligible to receive a grant under this
section, an individual shall, as determined by the Director--
(A) subject to paragraph (2), have completed a doctorate or
other terminal degree not more than 10 years before the date on
which the proposal for a grant is submitted under subsection
(e)(1);
(B) have demonstrated promise in a science, engineering, or
mathematics field relevant to the missions of the Department;
and
(C) be employed--
(i) in a tenure track-position as an assistant
professor or equivalent title at an institution of higher
education in the United States;
(ii) at an organization in the United States that is a
nonprofit, nondegree-granting research organization such as
a museum, observatory, or research laboratory; or
(iii) as a scientist at a National Laboratory.
(2) Waiver.--Notwithstanding paragraph (1)(A), the Director may
determine that an individual who has completed a doctorate more
than 10 years before the date of submission of a proposal under
subsection (e)(1) is eligible to receive a grant under this section
if the individual was unable to conduct research for a period of
time because of extenuating circumstances, including military
service or family responsibilities, as determined by the Director.
(d) Selection.--Grant recipients shall be selected on a
competitive, merit-reviewed basis.
(e) Selection Process and Criteria.--
(1) Proposal.--To be eligible to receive a grant under this
section, an individual shall submit to the Director a proposal at
such time, in such manner, and containing such information as the
Director may require.
(2) Evaluation.--In evaluating the proposals submitted under
paragraph (1), the Director shall take into consideration, at a
minimum--
(A) the intellectual merit of the proposed project;
(B) the innovative or transformative nature of the proposed
research;
(C) the extent to which the proposal integrates research
and education, including undergraduate education in science and
engineering disciplines; and
(D) the potential of the applicant for leadership at the
frontiers of knowledge.
(f) Diversity Requirement.--
(1) In general.--In awarding grants under this section, the
Director shall endeavor to ensure that the grant recipients
represent a variety of types of institutions of higher education
and nonprofit, nondegree-granting research organizations.
(2) Requirement.--In support of the goal described in paragraph
(1), the Director shall broadly disseminate information regarding
the deadlines applicable to, and manner in which to submit,
proposals for grants under this section, including by conducting
outreach activities for--
(A) part B institutions, as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061); and
(B) minority institutions, as defined in section 365 of
that Act (20 U.S.C. 1067k).
(g) Report on Recruiting and Retaining Early Career Science and
Engineering Researchers at National Laboratories.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director shall submit to the Committee
on Science and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
describing efforts of the Director to recruit and retain young
scientists and engineers at early career stages at the National
Laboratories.
(2) Inclusions.--The report under paragraph (1) shall include--
(A) a description of applicable Department and National
Laboratory policies and procedures, including policies and
procedures relating to financial incentives, awards,
promotions, time reserved for independent research, access to
equipment or facilities, and other forms of recognition,
designed to attract and retain young scientists and engineers;
(B) an evaluation of the impact of the incentives described
in subparagraph (A) on--
(i) the careers of young scientists and engineers at
the National Laboratories; and
(ii) the quality of the research at the National
Laboratories and in Department programs;
(C) a description of barriers, if any, that exist with
respect to efforts to recruit and retain young scientists and
engineers, including the limited availability of full-time
equivalent positions, legal and procedural requirements, and
pay grading systems; and
(D) the amount of funding devoted to efforts to recruit and
retain young researchers, and the source of the funds.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, acting through the Director, to carry
out this section $25,000,000 for each of fiscal years 2008 through
2010.
SEC. 5007. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF ENERGY FOR
BASIC RESEARCH.
Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C.
16311(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) $5,814,000,000 for fiscal year 2010.''.
SEC. 5008. DISCOVERY SCIENCE AND ENGINEERING INNOVATION INSTITUTES.
(a) In General.--The Secretary shall establish distributed,
multidisciplinary institutes (referred to in this section as
``Institutes'') centered at National Laboratories to apply fundamental
science and engineering discoveries to technological innovations
relating to--
(1) the missions of the Department; and
(2) the global competitiveness of the United States.
(b) Topical Areas.--The Institutes shall support scientific and
engineering research and education activities on critical emerging
technologies determined by the Secretary to be essential to global
competitiveness, including activities relating to--
(1) sustainable energy technologies;
(2) multiscale materials and processes;
(3) micro- and nano-engineering;
(4) computational and information engineering; and
(5) genomics and proteomics.
(c) Partnerships.--In carrying out this section, the Secretary
shall establish partnerships between the Institutes and--
(1) institutions of higher education--
(A) to train undergraduate and graduate science and
engineering students;
(B) to develop innovative undergraduate and graduate
educational curricula; and
(C) to conduct research within the topical areas described
in subsection (b); and
(2) private industry to develop innovative technologies within
the topical areas described in subsection (b).
(d) Grants.--
(1) In general.--For each fiscal year, the Secretary may select
not more than 3 Institutes to receive a grant under this section.
(2) Merit-based selection.--The selection of Institutes under
paragraph (1) shall be--
(A) merit-based; and
(B) made through an open, competitive selection process.
(3) Term.--An Institute shall receive a grant under this
section for not more than 3 fiscal years.
(e) Review.--The Secretary shall offer to enter into an agreement
with the National Academy of Sciences under which the Academy shall, by
not later than 3 years after the date of enactment of this Act--
(1) review the performance of the Institutes under this
section; and
(2) submit to Congress and the Secretary a report describing
the results of the review.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to provide grants to each Institute selected under this
section $10,000,000 for each of fiscal years 2008 through 2010.
SEC. 5009. PROTECTING AMERICA'S COMPETITIVE EDGE (PACE) GRADUATE
FELLOWSHIP PROGRAM.
(a) Definition of Eligible Student.--In this section, the term
``eligible student'' means a student who attends an institution of
higher education that offers a doctoral degree in a field relevant to a
mission area of the Department.
(b) Establishment.--The Secretary shall establish a graduate
fellowship program for eligible students pursuing a doctoral degree in
a mission area of the Department.
(c) Selection.--
(1) In general.--The Secretary shall award fellowships to
eligible students under this section through a competitive merit
review process, involving written and oral interviews, that will
result in a wide distribution of awards throughout the United
States, as determined by the Secretary.
(2) Criteria.--The Secretary shall establish selection criteria
for awarding fellowships under this section that require an
eligible student--
(A) to pursue a field of science or engineering of
importance to a mission area of the Department;
(B) to demonstrate to the Secretary--
(i) the capacity of the eligible student to understand
technical topics relating to the fellowship that can be
derived from the first principles of the technical topics;
(ii) imagination and creativity;
(iii) leadership skills in organizations or
intellectual endeavors, demonstrated through awards and
past experience; and
(iv) excellent verbal and communication skills to
explain, defend, and demonstrate an understanding of
technical subjects relating to the fellowship; and
(C) to be a citizen or legal permanent resident of the
United States.
(d) Awards.--
(1) Amount.--A fellowship awarded under this section shall--
(A) provide an annual living stipend; and
(B) cover--
(i) graduate tuition at an institution of higher
education described in subsection (a); and
(ii) incidental expenses associated with curricula and
research at the institution of higher education (including
books, computers, and software).
(2) Duration.--A fellowship awarded under this section shall be
up to 3 years duration within a 5-year period.
(3) Portability.--A fellowship awarded under this section shall
be portable with the eligible student.
(e) Administration.--The Secretary, acting through the Director of
Science, Engineering, and Mathematics Education--
(1) shall administer the program established under this
section; and
(2) may enter into a contract with a nonprofit entity to
administer the program, including the selection and award of
fellowships.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $7,500,000 for fiscal year 2008;
(2) $12,000,000 for fiscal year 2009, including nonexpiring
fellowships for the preceding fiscal year; and
(3) $20,000,000 for fiscal year 2010, including nonexpiring
fellowships for preceding fiscal years.
SEC. 5010. SENSE OF CONGRESS REGARDING CERTAIN RECOMMENDATIONS AND
REVIEWS.
It is the sense of Congress that--
(1) the Department of Energy should implement the
recommendations contained in the report of the Government
Accountability Office numbered 04-639; and
(2) the Secretary of Energy should annually conduct reviews in
accordance with title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) of at least 2 recipients of grants provided by
the Department of Energy.
SEC. 5011. DISTINGUISHED SCIENTIST PROGRAM.
(a) Purpose.--The purpose of this section is to promote scientific
and academic excellence through collaborations between institutions of
higher education and National Laboratories.
(b) Establishment.--The Secretary shall establish a program to
support the joint appointment of distinguished scientists by
institutions of higher education and National Laboratories.
(c) Qualifications.--To be eligible for appointment as a
distinguished scientist under this section, an individual, by reason of
professional background and experience, shall be able to bring
international recognition to the appointing institution of higher
education or National Laboratory in the field of scientific endeavor of
the individual.
(d) Selection.--A distinguished scientist appointed under this
section shall be selected through an open, competitive process.
(e) Appointment.--
(1) Institution of higher education.--An appointment by an
institution of higher education under this section shall be filled
within the tenure allotment of the institution of higher education,
at a minimum rank of professor.
(2) National laboratory.--An appointment by a National
Laboratory under this section shall be at the rank of the highest
grade of distinguished scientist or technical staff of the National
Laboratory.
(f) Duration.--An appointment under this section shall--
(1) be for a term of 6 years; and
(2) consist of 2 3-year funding allotments.
(g) Use of Funds.--Funds made available under this section may be
used for--
(1) the salary of the distinguished scientist and support
staff;
(2) undergraduate, graduate, and post-doctoral appointments;
(3) research-related equipment;
(4) professional travel; and
(5) such other requirements as the Secretary determines to be
necessary to carry out the purpose of the program.
(h) Review.--
(1) In general.--The appointment of a distinguished scientist
under this section shall be reviewed at the end of the first 3-year
allotment for the distinguished scientist through an open peer-
review process to determine whether the appointment is meeting the
purpose of this section under subsection (a).
(2) Funding.--Funding of the appointment of the distinguished
scientist for the second 3-year allotment shall be determined based
on the review conducted under paragraph (1).
(i) Cost Sharing.--To be eligible for assistance under this
section, an appointing institution of higher education shall pay at
least 50 percent of the total costs of the appointment.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $15,000,000 for fiscal year 2008;
(2) $20,000,000 for fiscal year 2009; and
(3) $30,000,000 for fiscal year 2010.
SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.
(a) Definitions.--In this section:
(1) ARPA-E.--The term ``ARPA-E'' means the Advanced Research
Projects Agency--Energy established by subsection (b).
(2) Director.--The term ``Director'' means the Director of
ARPA-E appointed under subsection (d).
(3) Fund.--The term ``Fund'' means the Energy Transformation
Acceleration Fund established under subsection (m)(1).
(b) Establishment.--There is established the Advanced Research
Projects Agency--Energy within the Department to overcome the long-term
and high-risk technological barriers in the development of energy
technologies.
(c) Goals.--
(1) In general.--The goals of ARPA-E shall be--
(A) to enhance the economic and energy security of the
United States through the development of energy technologies
that result in--
(i) reductions of imports of energy from foreign
sources;
(ii) reductions of energy-related emissions, including
greenhouse gases; and
(iii) improvement in the energy efficiency of all
economic sectors; and
(B) to ensure that the United States maintains a
technological lead in developing and deploying advanced energy
technologies.
(2) Means.--ARPA-E shall achieve the goals established under
paragraph (1) through energy technology projects by--
(A) identifying and promoting revolutionary advances in
fundamental sciences;
(B) translating scientific discoveries and cutting-edge
inventions into technological innovations; and
(C) accelerating transformational technological advances in
areas that industry by itself is not likely to undertake
because of technical and financial uncertainty.
(d) Director.--
(1) Appointment.--There shall be in the Department of Energy a
Director of ARPA-E, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Qualifications.--The Director shall be an individual who,
by reason of professional background and experience, is especially
qualified to advise the Secretary on, and manage research programs
addressing, matters pertaining to long-term and high-risk
technological barriers to the development of energy technologies.
(3) Relationship to secretary.--The Director shall report to
the Secretary.
(4) Relationship to other programs.--No other programs within
the Department shall report to the Director.
(e) Responsibilities.--The responsibilities of the Director shall
include--
(1) approving all new programs within ARPA-E;
(2) developing funding criteria and assessing the success of
programs through the establishment of technical milestones;
(3) administering the Fund through awards to institutions of
higher education, companies, research foundations, trade and
industry research collaborations, or consortia of such entities,
which may include federally-funded research and development
centers, to achieve the goals described in subsection (c) through
targeted acceleration of--
(A) novel early-stage energy research with possible
technology applications;
(B) development of techniques, processes, and technologies,
and related testing and evaluation;
(C) research and development of manufacturing processes for
novel energy technologies; and
(D) coordination with nongovernmental entities for
demonstration of technologies and research applications to
facilitate technology transfer; and
(4) terminating programs carried out under this section that
are not achieving the goals of the programs.
(f) Personnel.--
(1) Program managers.--
(A) In general.--The Director shall designate employees to
serve as program managers for each of the programs established
pursuant to the responsibilities established for ARPA-E under
subsection (e).
(B) Responsibilities.--A program manager of a program shall
be responsible for--
(i) establishing research and development goals for the
program, including through the convening of workshops and
conferring with outside experts, and publicizing the goals
of the program to the public and private sectors;
(ii) soliciting applications for specific areas of
particular promise, especially areas that the private
sector or the Federal Government are not likely to
undertake alone;
(iii) building research collaborations for carrying out
the program;
(iv) selecting on the basis of merit, with advice under
subsection (j) as appropriate, each of the projects to be
supported under the program after considering--
(I) the novelty and scientific and technical merit
of the proposed projects;
(II) the demonstrated capabilities of the
applicants to successfully carry out the proposed
project;
(III) the consideration by the applicant of future
commercial applications of the project, including the
feasibility of partnering with 1 or more commercial
entities; and
(IV) such other criteria as are established by the
Director;
(v) monitoring the progress of projects supported under
the program; and
(vi) recommending program restructure or termination of
research partnerships or whole projects.
(C) Term.--The term of a program manager shall be 3 years
and may be renewed.
(2) Hiring and management.--
(A) In general.--The Director shall have the authority to--
(i) make appointments of scientific, engineering, and
professional personnel without regard to the civil service
laws; and
(ii) fix the compensation of such personnel at a rate
to be determined by the Director.
(B) Number.--The Director shall appoint not less than 70,
and not more than 120, personnel under this section.
(C) Private recruiting firms.--The Secretary, or the
Director serving as an agent of the Secretary, may contract
with private recruiting firms for the hiring of qualified
technical staff to carry out this section.
(D) Additional staff.--The Director may use all authorities
in existence on the date of enactment of this Act that are
provided to the Secretary to hire administrative, financial,
and clerical staff as necessary to carry out this section.
(g) Reports and Roadmaps.--
(1) Annual report.--As part of the annual budget request
submitted for each fiscal year, the Director shall provide to the
relevant authorizing and appropriations committees of Congress a
report describing projects supported by ARPA-E during the previous
fiscal year.
(2) Strategic vision roadmap.--Not later than October 1, 2008,
and October 1, 2011, the Director shall provide to the relevant
authorizing and appropriations committees of Congress a roadmap
describing the strategic vision that ARPA-E will use to guide the
choices of ARPA-E for future technology investments over the
following 3 fiscal years.
(h) Coordination and Nonduplication.--
(1) In general.--To the maximum extent practicable, the
Director shall ensure that the activities of ARPA-E are coordinated
with, and do not duplicate the efforts of, programs and
laboratories within the Department and other relevant research
agencies.
(2) Technology transfer coordinator.--To the extent
appropriate, the Director may coordinate technology transfer
efforts with the Technology Transfer Coordinator appointed under
section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391).
(i) Federal Demonstration of Technologies.--The Secretary shall
make information available to purchasing and procurement programs of
Federal agencies regarding the potential to demonstrate technologies
resulting from activities funded through ARPA-E.
(j) Advice.--
(1) Advisory committees.--The Director may seek advice on any
aspect of ARPA-E from--
(A) an existing Department of Energy advisory committee;
and
(B) a new advisory committee organized to support the
programs of ARPA-E and to provide advice and assistance on--
(i) specific program tasks; or
(ii) overall direction of ARPA-E.
(2) Additional sources of advice.--In carrying out this
section, the Director may seek advice and review from--
(A) the President's Committee of Advisors on Science and
Technology; and
(B) any professional or scientific organization with
expertise in specific processes or technologies under
development by ARPA-E.
(k) ARPA-E Evaluation.--
(1) In general.--After ARPA-E has been in operation for 4
years, the Secretary shall offer to enter into a contract with the
National Academy of Sciences under which the National Academy shall
conduct an evaluation of how well ARPA-E is achieving the goals and
mission of ARPA-E.
(2) Inclusions.--The evaluation shall include--
(A) the recommendation of the National Academy of Sciences
on whether ARPA-E should be continued or terminated; and
(B) a description of lessons learned from operation of
ARPA-E.
(3) Availability.--On completion of the evaluation, the
evaluation shall be made available to Congress and the public.
(l) Existing Authorities.--The authorities granted by this section
are--
(1) in addition to existing authorities granted to the
Secretary; and
(2) are not intended to supersede or modify any existing
authorities.
(m) Funding.--
(1) Fund.--There is established in the Treasury of the United
States a fund, to be known as the ``Energy Transformation
Acceleration Fund'', which shall be administered by the Director
for the purposes of carrying out this section.
(2) Authorization of appropriations.--Subject to paragraphs (4)
and (5), there are authorized to be appropriated to the Director
for deposit in the Fund, without fiscal year limitation--
(A) $300,000,000 for fiscal year 2008; and
(B) such sums as are necessary for each of fiscal years
2009 and 2010.
(3) Separate budget and appropriation.--
(A) Budget request.--The budget request for ARPA-E shall be
separate from the rest of the budget of the Department.
(B) Appropriations.--Appropriations to the Fund shall be
separate and distinct from the rest of the budget for the
Department.
(4) Limitation.--No amounts may be appropriated for ARPA-E for
fiscal year 2008 unless the amount appropriated for the activities
of the Office of Science of the Department for fiscal year 2008
exceeds the amount appropriated for the Office for fiscal year
2007, as adjusted for inflation in accordance with the Consumer
Price Index published by the Bureau of Labor Statistics of the
Department of Labor.
(5) Allocation.--Of the amounts appropriated for a fiscal year
under paragraph (2)--
(A) not more than 50 percent of the amount shall be used to
carry out subsection (e)(3)(D);
(B) at least 2.5 percent of the amount shall be used for
technology transfer and outreach activities; and
(C) no funds may be used for construction of new buildings
or facilities during the 5-year period beginning on the date of
enactment of this Act.
TITLE VI--EDUCATION
SEC. 6001. FINDINGS.
Congress makes the following findings:
(1) A well-educated population is essential to retaining
America's competitiveness in the global economy.
(2) The United States needs to build on and expand the impact
of existing programs by taking additional, well-coordinated steps
to ensure that all students are able to obtain the knowledge the
students need to obtain postsecondary education and participate
successfully in the workforce or the Armed Forces.
(3) The next steps must be informed by independent information
on the effectiveness of current programs in science, technology,
engineering, mathematics, and critical foreign language education,
and by identification of best practices that can be replicated.
(4) Teacher preparation and elementary school and secondary
school programs and activities must be aligned with the
requirements of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) and the requirements of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
(5) The ever increasing knowledge and skill demands of the 21st
century require that secondary school preparation and requirements
be better aligned with the knowledge and skills needed to succeed
in postsecondary education and the workforce, and States need
better data systems to track educational achievement from
prekindergarten through baccalaureate degrees.
SEC. 6002. DEFINITIONS.
(a) ESEA Definitions.--Unless otherwise specified in this title,
the terms used in this title have the meanings given the terms in
section 9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(b) Other Definitions.--In this title:
(1) Critical foreign language.--The term ``critical foreign
language'' means a foreign language that the Secretary determines,
in consultation with the heads of such Federal departments and
agencies as the Secretary determines appropriate, is critical to
the national security and economic competitiveness of the United
States.
(2) 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)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(4) Scientifically valid research.--The term ``scientifically
valid research'' includes applied research, basic research, and
field-initiated research in which the rationale, design, and
interpretation are soundly developed in accordance with accepted
principles of scientific research.
Subtitle A--Teacher Assistance
PART I--TEACHERS FOR A COMPETITIVE TOMORROW
SEC. 6111. PURPOSE.
The purpose of this part is--
(1) to develop and implement programs to provide integrated
courses of study in science, technology, engineering, mathematics,
or critical foreign languages, and teacher education, that lead to
a baccalaureate degree in science, technology, engineering,
mathematics, or a critical foreign language, with concurrent
teacher certification;
(2) to develop and implement 2- or 3-year part-time master's
degree programs in science, technology, engineering, mathematics,
or critical foreign language education for teachers in order to
enhance the teachers' content knowledge and pedagogical skills; and
(3) to develop programs for professionals in science,
technology, engineering, mathematics, or critical foreign language
education that lead to a master's degree in teaching that results
in teacher certification.
SEC. 6112. DEFINITIONS.
In this part:
(1) Children from low-income families.--The term ``children
from low-income families'' means children described in section
1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6333(c)(1)(A)).
(2) Eligible recipient.--The term ``eligible recipient'' means
an institution of higher education that receives grant funds under
this part on behalf of a department of science, technology,
engineering, mathematics, or a critical foreign language, or on
behalf of a department or school with a competency-based degree
program (in science, technology, engineering, mathematics, or a
critical foreign language) that includes teacher certification, for
use in carrying out activities assisted under this part.
(3) High-need local educational agency.--The term ``high-need
local educational agency'' means a local educational agency or
educational service agency--
(A)(i) that serves not fewer than 10,000 children from low-
income families;
(ii) for which not less than 20 percent of the children
served by the agency are children from low-income families; or
(iii) with a total of less than 600 students in average
daily attendance at the schools that are served by the agency
and all of whose schools are designated with a school locale
code of 41, 42, or 43, as determined by the Secretary; and
(B)(i) for which there is a high percentage of teachers
providing instruction in academic subject areas or grade levels
for which the teachers are not highly qualified; or
(ii) for which there is a high teacher turnover rate or a
high percentage of teachers with emergency, provisional, or
temporary certification or licensure.
(4) Highly qualified.--The term ``highly qualified'' has the
meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801) and, with respect
to special education teachers, in section 602 of the Individuals
with Disabilities Education Act (20 U.S.C. 1401).
(5) Partnership.--The term ``partnership'' means a partnership
that--
(A) shall include--
(i) an eligible recipient;
(ii)(I)(aa) a department within the eligible recipient
that provides a program of study in science, technology,
engineering, mathematics, or a critical foreign language;
and
(bb) a school, department, or program of education
within the eligible recipient, or a 2-year institution of
higher education that has a teacher preparation offering or
a dual enrollment program with the eligible recipient; or
(II) a department or school within the eligible
recipient with a competency-based degree program (in
science, technology, engineering, mathematics, or a
critical foreign language) that includes teacher
certification; and
(iii) not less than 1 high-need local educational
agency and a public school or a consortium of public
schools served by the agency; and
(B) may include a nonprofit organization that has a
demonstrated record of providing expertise or support to meet
the purposes of this part.
(6) Teaching skills.--The term ``teaching skills'' means the
ability to--
(A) increase student achievement and learning and increase
a student's ability to apply knowledge;
(B) effectively convey and explain academic subject matter;
(C) employ strategies grounded in the disciplines of
teaching and learning that--
(i) are based on scientifically valid research;
(ii) are specific to academic subject matter; and
(iii) focus on the identification of students' specific
learning needs, particularly students with disabilities,
students who are limited English proficient, students who
are gifted and talented, and students with low literacy
levels, and the tailoring of academic instruction to such
needs;
(D) conduct ongoing assessment of student learning;
(E) effectively manage a classroom; and
(F) communicate and work with parents and guardians, and
involve parents and guardians in their children's education.
SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, TECHNOLOGY,
ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN LANGUAGES,
WITH CONCURRENT TEACHER CERTIFICATION.
(a) Program Authorized.--From the amounts made available to carry
out this section under section 6116(1) and not reserved under section
6115(d) for a fiscal year, the Secretary is authorized to award grants,
on a competitive basis, to eligible recipients to enable partnerships
served by the eligible recipients to develop and implement programs to
provide courses of study in science, technology, engineering,
mathematics, or critical foreign languages that--
(1) are integrated with teacher education; and
(2) lead to a baccalaureate degree in science, technology,
engineering, mathematics, or a critical foreign language with
concurrent teacher certification.
(b) Application.--Each eligible recipient desiring a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. Each application
shall--
(1) describe the program for which assistance is sought;
(2) describe how a department of science, technology,
engineering, mathematics, or a critical foreign language
participating in the partnership will ensure significant
collaboration with a teacher preparation program in the development
of undergraduate degrees in science, technology, engineering,
mathematics, or a critical foreign language, with concurrent
teacher certification, including providing student teaching and
other clinical classroom experiences or how a department or school
participating in the partnership with a competency-based degree
program has ensured, in the development of a baccalaureate degree
program in science, technology, engineering, mathematics, or a
critical foreign language, the provision of concurrent teacher
certification, including providing student teaching and other
clinical classroom experiences;
(3) describe the high-quality research, laboratory, or
internship experiences, integrated with coursework, that will be
provided under the program;
(4) describe how members of groups that are underrepresented in
the teaching of science, technology, engineering, mathematics, or
critical foreign languages will be encouraged to participate in the
program;
(5) describe how program participants will be encouraged to
teach in schools determined by the partnership to be most in need,
and the assistance in finding employment in such schools that will
be provided;
(6) describe the ongoing activities and services that will be
provided to graduates of the program;
(7) describe how the activities of the partnership will be
coordinated with any activities funded through other Federal
grants, and how the partnership will continue the activities
assisted under the program when the grant period ends;
(8) describe how the partnership will assess the content
knowledge and teaching skills of the program participants; and
(9) provide any other information the Secretary may reasonably
require.
(c) Priority.--Priority shall be given to applications whose
primary focus is on placing participants in high-need local educational
agencies.
(d) Authorized Activities.--
(1) In general.--Each eligible recipient receiving a grant
under this section shall use the grant funds to enable a
partnership to develop and implement a program to provide courses
of study in science, technology, engineering, mathematics, or a
critical foreign language that--
(A) are integrated with teacher education programs that
promote effective teaching skills; and
(B) lead to a baccalaureate degree in science, technology,
engineering, mathematics, or a critical foreign language with
concurrent teacher certification.
(2) Program requirements.--The program shall--
(A) provide high-quality research, laboratory, or
internship experiences for program participants;
(B) provide student teaching or other clinical classroom
experiences that--
(i) are integrated with coursework; and
(ii) lead to the participants' ability to demonstrate
effective teaching skills;
(C) if implementing a program in which program participants
are prepared to teach science, technology, engineering,
mathematics, or critical foreign language courses, include
strategies for improving student literacy;
(D) encourage the participation of individuals who are
members of groups that are underrepresented in the teaching of
science, technology, engineering, mathematics, or critical
foreign languages;
(E) encourage participants to teach in schools determined
by the partnership to be most in need, and actively assist the
participants in finding employment in such schools;
(F) offer training in the use of and integration of
educational technology;
(G) collect data regarding and evaluate, using measurable
objectives and benchmarks, the extent to which the program
succeeded in--
(i) increasing the percentage of highly qualified
mathematics, science, or critical foreign language
teachers, including increasing the percentage of such
teachers teaching in those schools determined by the
partnership to be most in need;
(ii) improving student academic achievement in
mathematics, science, and where applicable, technology and
engineering;
(iii) increasing the number of students in secondary
schools enrolled in upper level mathematics, science, and,
where available, technology and engineering courses; and
(iv) increasing the numbers of elementary school and
secondary school students enrolled in and continuing in
critical foreign language courses;
(H) collect data on the employment placement and retention
of all graduates of the program, including information on how
many graduates are teaching and in what kinds of schools;
(I) provide ongoing activities and services to graduates of
the program who teach elementary school or secondary school,
by--
(i) keeping the graduates informed of the latest
developments in their respective academic fields; and
(ii) supporting the graduates of the program who are
employed in schools in the local educational agency
participating in the partnership during the initial years
of teaching through--
(I) induction programs;
(II) promotion of effective teaching skills; and
(III) providing opportunities for regular
professional development; and
(J) develop recommendations to improve the school,
department, or program of education participating in the
partnership.
(e) Annual Report.--Each eligible recipient receiving a grant under
this section shall collect and report to the Secretary annually such
information as the Secretary may reasonably require, including--
(1) the number of participants in the program;
(2) information on the academic majors of participating
students;
(3) the race, gender, income, and disability status of program
participants;
(4) the placement of program participants as teachers in
schools determined by the partnership to be most in need;
(5) the extent to which the program succeeded in meeting the
objectives and benchmarks described in subsection (d)(2)(G); and
(6) the data collected under subparagraphs (G) and (H) of
subsection (d)(2).
(f) Technical Assistance.--From the funds made available under
section 6116(1), the Secretary may provide technical assistance to an
eligible recipient developing a baccalaureate degree program with
concurrent teacher certification, including technical assistance
provided through a grant or contract awarded on a competitive basis to
an institution of higher education or a technical assistance center.
(g) Compliance With FERPA.--Any activity under this section shall
be carried out in compliance with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) (commonly known as the Family
Educational Rights and Privacy Act of 1974).
(h) Induction Program Defined.--In this section, the term
``induction program'' means a formalized program for new teachers
during not less than the teachers' first 2 years of teaching that is
designed to provide support for, and improve the professional
performance and advance the retention in the teaching field of,
beginning teachers. Such program shall promote effective teaching
skills and shall include the following components:
(1) High-quality teacher mentoring.
(2) Periodic, structured time for collaboration with teachers
in the same department or field, as well as time for information-
sharing among teachers, principals, administrators, and
participating faculty in the partner institution.
(3) The application of empirically based practice and
scientifically valid research on instructional practices.
(4) Opportunities for new teachers to draw directly upon the
expertise of teacher mentors, faculty, and researchers to support
the integration of empirically based practice and scientifically
valid research with practice.
(5) The development of skills in instructional and behavioral
interventions derived from empirically based practice and, where
applicable, scientifically valid research.
(6) Faculty who--
(A) model the integration of research and practice in the
classroom; and
(B) assist new teachers with the effective use and
integration of technology in the classroom.
(7) Interdisciplinary collaboration among exemplary teachers,
faculty, researchers, and other staff who prepare new teachers on
the learning process and the assessment of learning.
(8) Assistance with the understanding of data, particularly
student achievement data, and the data's applicability in classroom
instruction.
(9) Regular evaluation of the new teacher.
SEC. 6114. PROGRAMS FOR MASTER'S DEGREES IN SCIENCE, TECHNOLOGY,
ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN LANGUAGE
EDUCATION.
(a) Program Authorized.--From the amounts made available to carry
out this section under section 6116(2) and not reserved under section
6115(d) for a fiscal year, the Secretary is authorized to award grants,
on a competitive basis, to eligible recipients to enable the
partnerships served by the eligible recipients to develop and
implement--
(1) 2- or 3-year part-time master's degree programs in science,
technology, engineering, mathematics, or critical foreign language
education for teachers in order to enhance the teacher's content
knowledge and teaching skills; or
(2) programs for professionals in science, technology,
engineering, mathematics, or a critical foreign language that lead
to a 1-year master's degree in teaching that results in teacher
certification.
(b) Application.--Each eligible recipient desiring a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. Each application shall
describe--
(1) how a department of science, technology, engineering,
mathematics, or a critical foreign language will ensure significant
collaboration with a school, department, or program of education in
the development of the master's degree programs authorized under
subsection (a), or how a department or school with a competency-
based degree program has ensured, in the development of a master's
degree program, the provision of rigorous studies in science,
technology, engineering, mathematics, or a critical foreign
language that enhance the teachers' content knowledge and teaching
skills;
(2) the role of the local educational agency in the partnership
in developing and administering the program and how feedback from
the local educational agency, school, and participants will be used
to improve the program;
(3) how the program will help increase the percentage of highly
qualified mathematics, science, or critical foreign language
teachers, including increasing the percentage of such teachers
teaching in schools determined by the partnership to be most in
need;
(4) how the program will--
(A) improve student academic achievement in mathematics,
science, and, where applicable, technology and engineering and
increase the number of students taking upper-level courses in
such subjects; or
(B) increase the numbers of elementary school and secondary
school students enrolled and continuing in critical foreign
language courses;
(5) how the program will prepare participants to become more
effective science, technology, engineering, mathematics, or
critical foreign language teachers;
(6) how the program will prepare participants to assume
leadership roles in their schools;
(7) how teachers (or science, technology, engineering,
mathematics, or critical foreign language professionals) who are
members of groups that are underrepresented in the teaching of
science, technology, engineering, mathematics, or critical foreign
languages and teachers from schools determined by the partnership
to be most in need will be encouraged to apply for and participate
in the program;
(8) the ongoing activities and services that will be provided
to graduates of the program;
(9) how the partnership will continue the activities assisted
under the grant when the grant period ends;
(10) how the partnership will assess, during the program, the
content knowledge and teaching skills of the program participants;
and
(11) methods to ensure applicants to the master's degree
program for professionals in science, technology, engineering,
mathematics, or a critical foreign language demonstrate advanced
knowledge in the relevant subject.
(c) Authorized Activities.--Each eligible recipient receiving a
grant under this section shall use the grant funds to develop and
implement a 2- or 3-year part-time master's degree program in science,
technology, engineering, mathematics, or critical foreign language
education for teachers in order to enhance the teachers' content
knowledge and teaching skills, or programs for professionals in
science, technology, engineering, mathematics, or a critical foreign
language that lead to a 1-year master's degree in teaching that results
in teacher certification. The program shall--
(1) promote effective teaching skills so that program
participants become more effective science, technology,
engineering, mathematics, or critical foreign language teachers;
(2) prepare teachers to assume leadership roles in their
schools by participating in activities such as teacher mentoring,
development of curricula that integrate state of the art
applications of science, technology, engineering, mathematics, or
critical foreign language into the classroom, working with school
administrators in establishing in-service professional development
of teachers, and assisting in evaluating data and assessments to
improve student academic achievement;
(3) use high-quality research, laboratory, or internship
experiences for program participants that are integrated with
coursework;
(4) provide student teaching or clinical classroom experience;
(5) if implementing a program in which participants are
prepared to teach science, technology, engineering, mathematics, or
critical foreign language courses, provide strategies for improving
student literacy;
(6) align the content knowledge in the master's degree program
with challenging student academic achievement standards and
challenging academic content standards established by the State in
which the program is conducted;
(7) encourage the participation of--
(A) individuals who are members of groups that are
underrepresented in the teaching of science, technology,
engineering, mathematics, or critical foreign languages;
(B) members of the Armed Forces who are transitioning to
civilian life; and
(C) teachers teaching in schools determined by the
partnership to be most in need;
(8) offer tuition assistance, based on need, as appropriate;
(9) create opportunities for enhanced and ongoing professional
development for teachers that improves the science, technology,
engineering, mathematics, and critical foreign language content
knowledge and teaching skills of such teachers; and
(10) evaluate and report on the impact of the program, in
accordance with subsection (d).
(d) Evaluation and Report.--Each eligible recipient receiving a
grant under this section shall evaluate, using measurable objectives
and benchmarks, and provide an annual report to the Secretary
regarding, the extent to which the program assisted under this section
succeeded in the following:
(1) Increasing the number and percentage of science,
technology, engineering, mathematics, or critical foreign language
teachers who have a master's degree and meet 1 or more of the
following requirements:
(A) Are teaching in schools determined by the partnership
to be most in need, and taught in such schools prior to
participation in the program.
(B) Are teaching in schools determined by the partnership
to be most in need, and did not teach in such schools prior to
participation in the program.
(C) Are members of a group underrepresented in the teaching
of science, technology, engineering, mathematics, or a critical
foreign language.
(2) Bringing professionals in science, technology, engineering,
mathematics, or a critical foreign language into the field of
teaching.
(3) Retaining teachers who participate in the program.
SEC. 6115. GENERAL PROVISIONS.
(a) Duration of Grants.--The Secretary shall award each grant under
this part for a period of not more than 5 years.
(b) Matching Requirement.--Each eligible recipient that receives a
grant under this part shall provide, from non-Federal sources, an
amount equal to 50 percent of the amount of the grant (which may be
provided in cash or in kind) to carry out the activities supported by
the grant.
(c) Supplement, Not Supplant.--Grant funds provided under this part
shall be used to supplement, and not supplant, other Federal or State
funds.
(d) Evaluation.--From amounts made available for any fiscal year
under section 6116, the Secretary shall reserve such sums as may be
necessary--
(1) to provide for the conduct of an annual independent
evaluation, by grant or by contract, of the activities assisted
under this part, which shall include an assessment of the impact of
the activities on student academic achievement; and
(2) to prepare and submit an annual report on the results of
the evaluation described in paragraph (1) to the Committee on
Health, Education, Labor, and Pensions of the Senate, the Committee
on Education and Labor of the House of Representatives, and the
Committees on Appropriations of the Senate and House of
Representatives.
SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this section
$276,200,000 for fiscal year 2008, and such sums as may be necessary
for each of the 2 succeeding fiscal years, of which--
(1) $151,200,000 shall be available to carry out section 6113
for fiscal year 2008 and each succeeding fiscal year; and
(2) $125,000,000 shall be available to carry out section 6114
for fiscal year 2008 and each succeeding fiscal year.
PART II--ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS
SEC. 6121. PURPOSE.
It is the purpose of this part--
(1) to raise academic achievement through Advanced Placement
and International Baccalaureate programs by increasing, by 70,000,
over a 4-year period beginning in 2008, the number of teachers
serving high-need schools who are qualified to teach Advanced
Placement or International Baccalaureate courses in mathematics,
science, and critical foreign languages;
(2) to increase, to 700,000 per year, the number of students
attending high-need schools who--
(A) take and score a 3, 4, or 5 on an Advanced Placement
examination in mathematics, science, or a critical foreign
language administered by the College Board; or
(B) achieve a passing score on an examination administered
by the International Baccalaureate Organization in such a
subject;
(3) to increase the availability of, and enrollment in,
Advanced Placement or International Baccalaureate courses in
mathematics, science, and critical foreign languages, and pre-
Advanced Placement or pre-International Baccalaureate courses in
such subjects, in high-need schools; and
(4) to support statewide efforts to increase the availability
of, and enrollment in, Advanced Placement or International
Baccalaureate courses in mathematics, science, and critical foreign
languages, and pre-Advanced Placement or pre-International
Baccalaureate courses in such subjects, in high-need schools.
SEC. 6122. DEFINITIONS.
In this part:
(1) Advanced placement or international baccalaureate course.--
The term ``Advanced Placement or International Baccalaureate
course'' means--
(A) a course of college-level instruction provided to
secondary school students, terminating in an examination
administered by the College Board or the International
Baccalaureate Organization, or another such examination
approved by the Secretary; or
(B) another highly rigorous, evidence-based, postsecondary
preparatory program terminating in an examination administered
by another nationally recognized educational organization that
has a demonstrated record of effectiveness in assessing
secondary school students, or another such examination approved
by the Secretary.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State educational agency;
(B) a local educational agency; or
(C) a partnership consisting of--
(i) a national, regional, or statewide nonprofit
organization, with expertise and experience in providing
Advanced Placement or International Baccalaureate services;
and
(ii) a State educational agency or local educational
agency.
(3) Low-income student.--The term ``low-income student'' has
the meaning given the term ``low-income individual'' in section
1707(3) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6537(3)).
(4) High concentration of low-income students.--The term ``high
concentration of low-income students'' has the meaning given the
term in section 1707(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6537(2)).
(5) High-need local educational agency.--The term ``high-need
local educational agency'' means a local educational agency or
educational service agency described in 6112(3)(A).
(6) High-need school.--The term ``high-need school'' means a
secondary school--
(A) with a pervasive need for Advanced Placement or
International Baccalaureate courses in mathematics, science, or
critical foreign languages, or for additional Advanced
Placement or International Baccalaureate courses in such a
subject; and
(B)(i) with a high concentration of low-income students; or
(ii) designated with a school locale code of 41, 42, or 43,
as determined by the Secretary.
SEC. 6123. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS.
(a) Program Authorized.--From the amounts appropriated under
subsection (l), the Secretary is authorized to award grants, on a
competitive basis, to eligible entities to enable the eligible entities
to carry out the authorized activities described in subsection (g).
(b) Duration of Grants.--The Secretary may award grants under this
section for a period of not more than 5 years.
(c) Coordination.--The Secretary shall coordinate the activities
carried out under this section with the activities carried out under
section 1705 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6535).
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that are part of a statewide
strategy for increasing--
(1) the availability of Advanced Placement or International
Baccalaureate courses in mathematics, science, and critical foreign
languages, and pre-Advanced Placement or pre-International
Baccalaureate courses in such subjects, in high-need schools; and
(2) the number of students who participate in Advanced
Placement or International Baccalaureate courses in mathematics,
science, and critical foreign language in high-need schools, and
take and score a 3, 4, or 5 on an Advanced Placement examination in
such a subject, or pass an examination administered by the
International Baccalaureate Organization in such a subject in such
schools.
(e) Equitable Distribution.--The Secretary, to the extent
practicable, shall--
(1) ensure an equitable geographic distribution of grants under
this section among the States; and
(2) promote an increase in participation in Advanced Placement
or International Baccalaureate mathematics, science, and critical
foreign language courses and examinations in all States.
(f) Application.--
(1) In general.--Each eligible entity desiring 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 reasonably require.
(2) Contents.--The application shall, at a minimum, include a
description of--
(A) the goals and objectives for the project, including--
(i) increasing the number of teachers serving high-need
schools who are qualified to teach Advanced Placement or
International Baccalaureate courses in mathematics,
science, or critical foreign languages;
(ii) increasing the number of qualified teachers
serving high-need schools who are teaching Advanced
Placement or International Baccalaureate courses in
mathematics, science, or critical foreign languages to
students in the high-need schools;
(iii) increasing the number of Advanced Placement or
International Baccalaureate courses in mathematics,
science, and critical foreign languages that are available
to students attending high-need schools; and
(iv) increasing the number of students attending a
high-need school, particularly low-income students, who
enroll in and pass--
(I) Advanced Placement or International
Baccalaureate courses in mathematics, science, or
critical foreign languages; and
(II) pre-Advanced Placement or pre-International
Baccalaureate courses in such a subject (where provided
in accordance with subparagraph (B));
(B) how the eligible entity will ensure that students have
access to courses, including pre-Advanced Placement and pre-
International Baccalaureate courses, that will prepare the
students to enroll and succeed in Advanced Placement or
International Baccalaureate courses in mathematics, science, or
critical foreign languages;
(C) how the eligible entity will provide professional
development for teachers assisted under this section;
(D) how the eligible entity will ensure that teachers
serving high-need schools are qualified to teach Advanced
Placement or International Baccalaureate courses in
mathematics, science, or critical foreign languages;
(E) how the eligible entity will provide for the
involvement of business and community organizations and other
entities, including institutions of higher education, in the
activities to be assisted; and
(F) how the eligible entity will use funds received under
this section, including how the eligible entity will evaluate
the success of its project.
(g) Authorized Activities.--
(1) In general.--Each eligible entity that receives a grant
under this section shall use the grant funds to carry out
activities designed to increase--
(A) the number of qualified teachers serving high-need
schools who are teaching Advanced Placement or International
Baccalaureate courses in mathematics, science, or critical
foreign languages; and
(B) the number of students attending high-need schools who
enroll in, and pass, the examinations for such Advanced
Placement or International Baccalaureate courses.
(2) Permissive activities.--The activities described in
paragraph (1) may include--
(A) teacher professional development, in order to expand
the pool of teachers in the participating State, local
educational agency, or high-need school who are qualified to
teach Advanced Placement or International Baccalaureate courses
in mathematics, science, or critical foreign languages;
(B) pre-Advanced Placement or pre-International
Baccalaureate course development and professional development;
(C) coordination and articulation between grade levels to
prepare students to enroll and succeed in Advanced Placement or
International Baccalaureate courses in mathematics, science, or
critical foreign languages;
(D) purchase of instructional materials;
(E) activities to increase the availability of, and
participation in, online Advanced Placement or International
Baccalaureate courses in mathematics, science, and critical
foreign languages;
(F) reimbursing low-income students attending high-need
schools for part or all of the cost of Advanced Placement or
International Baccalaureate examination fees;
(G) carrying out subsection (j), relating to collecting and
reporting data;
(H) in the case of a State educational agency that receives
a grant under this section, awarding subgrants to local
educational agencies to enable the local educational agencies
to carry out authorized activities described in subparagraphs
(A) through (G); and
(I) providing salary increments or bonuses to teachers
serving high-need schools who--
(i) become qualified to teach, and teach, Advanced
Placement or International Baccalaureate courses in
mathematics, science, or a critical foreign language; or
(ii) increase the number of low-income students, who
take Advanced Placement or International Baccalaureate
examinations in mathematics, science, or a critical foreign
language with the goal of successfully passing such
examinations.
(h) Matching Requirement.--
(1) In general.--Subject to paragraph (2), each eligible entity
that receives a grant under this section shall provide, toward the
cost of the activities assisted under the grant, from non-Federal
sources, an amount equal to 200 percent of the amount of the grant,
except that an eligible entity that is a high-need local
educational agency shall provide an amount equal to not more than
100 percent of the amount of the grant.
(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any fiscal year
for an eligible entity described in subparagraph (A) or (B) of
section 6122(2), if the Secretary determines that applying the
matching requirement to such eligible entity would result in
serious hardship or an inability to carry out the authorized
activities described in subsection (g).
(i) Supplement Not Supplant.--Grant funds provided under this
section shall be used to supplement, not supplant, other Federal and
non-Federal funds available to carry out the activities described in
subsection (g).
(j) Collecting and Reporting Requirements.--
(1) Report.--Each eligible entity receiving a grant under this
section shall collect and report to the Secretary annually such
data on the results of the grant as the Secretary may reasonably
require, including data regarding--
(A) the number of students enrolling in Advanced Placement
or International Baccalaureate courses in mathematics, science,
or a critical foreign language, and pre-Advanced Placement or
pre-International Baccalaureate courses in such a subject, by
the grade the student is enrolled in, and the distribution of
grades those students receive;
(B) the number of students taking Advanced Placement or
International Baccalaureate examinations in mathematics,
science, or a critical foreign language, and the distribution
of scores on those examinations by the grade the student is
enrolled in at the time of the examination;
(C) the number of teachers receiving training in teaching
Advanced Placement or International Baccalaureate courses in
mathematics, science, or a critical foreign language who will
be teaching such courses in the next school year;
(D) the number of teachers becoming qualified to teach
Advanced Placement or International Baccalaureate courses in
mathematics, science, or a critical foreign language; and
(E) the number of qualified teachers who are teaching
Advanced Placement or International Baccalaureate courses in
mathematics, science, or critical foreign languages to students
in a high-need school.
(2) Reporting of data.--Each eligible entity receiving a grant
under this section shall report data required under paragraph (1)--
(A) disaggregated by subject area;
(B) in the case of student data, disaggregated in the same
manner as information is disaggregated under section
1111(h)(1)(C)(i) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); and
(C) to the extent feasible, in a manner that allows
comparison of conditions before, during, and after the project.
(k) Evaluation and Report.--From the amount made available for any
fiscal year under subsection (l), the Secretary shall reserve such sums
as may be necessary--
(1) to conduct an annual independent evaluation, by grant or by
contract, of the program carried out under this section, which
shall include an assessment of the impact of the program on student
academic achievement; and
(2) to prepare and submit an annual report on the results of
the evaluation described in paragraph (1) to the Committee on
Health, Education, Labor, and Pensions of the Senate, the Committee
on Education and Labor of the House of Representatives, and the
Committees on Appropriations of the Senate and House of
Representatives.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $75,000,000 for fiscal year
2008, and such sums as may be necessary for each of the 2 succeeding
fiscal years.
PART III--PROMISING PRACTICES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS TEACHING
SEC. 6131. PROMISING PRACTICES.
(a) Purpose.--The purpose of this section is to establish an expert
panel to provide information on promising practices for strengthening
teaching and learning in science, technology, engineering, and
mathematics at the elementary school and secondary school levels. The
panel shall build on prior Federal efforts, such as efforts by the
National Mathematics Advisory Panel, and shall synthesize scientific
evidence pertaining to the improvement of science, technology,
engineering, and mathematics teaching and learning.
(b) National Panel on Promising Practices in K-12 STEM Teaching and
Learning.--
(1) In general.--The Secretary shall enter into a contract with
the Center for Education of the National Academy of Sciences to
establish and convene, not later than 1 year after the date of
enactment of this Act, an expert panel to--
(A) identify promising practices for improving teaching and
student achievement in science, technology, engineering, and
mathematics in kindergarten through grade 12; and
(B) examine and synthesize the scientific evidence
pertaining to the improvement of science, technology,
engineering, and mathematics teaching and learning.
(2) Composition of national panel.--The National Academy of
Sciences shall ensure that the panel established under paragraph
(1) represents scientists, engineers, mathematicians,
technologists, computer and information technology experts,
educators, principals, researchers with expertise in teaching and
learning (including experts in cognitive science), and others with
relevant expertise. The National Academy of Sciences shall ensure
that the panel includes the following:
(A) Representation of teachers and principals directly
involved in teaching science, technology, engineering, and
mathematics in kindergarten through grade 12.
(B) Representation of teachers and principals from diverse
demographic groups and geographic areas, including urban,
suburban, and rural schools.
(C) Representation of teachers and principals from public
and private schools.
(3) Qualification of members.--The members of the panel
established under paragraph (1) shall be individuals who have
expertise and experience relating to--
(A) existing science, technology, engineering, and
mathematics education programs;
(B) developing and improving science, technology,
engineering, and mathematics curricula content;
(C) improving the academic achievement of students who are
below grade level in science, technology, engineering, and
mathematics fields; and
(D) research on teaching or learning.
(c) Authorized Activities of National Panel.--The panel established
under subsection (b) shall identify--
(1) promising practices in the effective teaching and learning
of science, technology, engineering, and mathematics topics in
kindergarten through grade 12;
(2) promising training and professional development techniques
designed to help teachers increase their skills and expertise in
improving student achievement in science, technology, engineering,
and mathematics in kindergarten through grade 12;
(3) critical skills and skills progressions needed to enable
students to acquire competence in science, technology, engineering,
and mathematics and readiness for advanced secondary school and
college level science, technology, engineering, and mathematics
coursework;
(4) processes by which students with varying degrees of prior
academic achievement and backgrounds learn effectively in the
science, technology, engineering, and mathematics fields; and
(5) areas in which existing data about promising practices in
science, technology, engineering, and mathematics education are
insufficient.
(d) Report.--The panel established under subsection (b) shall
prepare a written report for the Secretary that presents the findings
of the panel pursuant to this section and includes recommendations,
based on the findings of the panel, to strengthen science, technology,
engineering, and mathematics teaching and learning in kindergarten
through grade 12.
(e) Dissemination.--The Secretary shall disseminate the report
under subsection (d) to the public, State educational agencies, and
local educational agencies, and shall make the information in such
report available, in an easy to understand format, on the website of
the Department.
(f) Science, Technology, Engineering, and Mathematics Promising
Practices.--
(1) Reliability and measurement.--The promising practices in
the teaching of science, technology, engineering, and mathematics
in elementary schools and secondary schools collected under this
section shall be--
(A) reliable, valid, and grounded in scientifically valid
research;
(B) inclusive of the critical skills and skill progressions
needed for students to acquire competence in science,
technology, engineering, and mathematics;
(C) reviewed regularly to assess effectiveness; and
(D) reviewed in the context of State academic assessments
and student academic achievement standards.
(2) Students with diverse learning needs.--In identifying
promising practices under this section, the panel established under
subsection (b) shall take into account the needs of students with
diverse learning needs, particularly students with disabilities and
students who are limited English proficient.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,200,000 for fiscal year 2008.
Subtitle B--Mathematics
SEC. 6201. MATH NOW FOR ELEMENTARY SCHOOL AND MIDDLE SCHOOL STUDENTS
PROGRAM.
(a) Purpose.--The purpose of this section is to enable all students
to reach or exceed grade-level academic achievement standards and to
prepare the students to enroll in and pass algebra courses by--
(1) improving instruction in mathematics for students in
kindergarten through grade 9 through the implementation of
mathematics programs and the support of comprehensive mathematics
initiatives that are research-based and reflect a demonstrated
record of effectiveness; and
(2) providing targeted help to low-income students who are
struggling with mathematics and whose achievement is significantly
below grade level.
(b) Definition of Eligible Local Educational Agency.--In this
section, the term ``eligible local educational agency'' means a high-
need local educational agency (as defined in section 6112(3)) serving 1
or more schools--
(1) with significant numbers or percentages of students whose
mathematics skills are below grade level;
(2) that are not making adequate yearly progress in mathematics
under section 1111(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(2)); or
(3) in which students are receiving instruction in mathematics
from teachers who do not have mathematical content knowledge or
expertise in the teaching of mathematics.
(c) Program Authorized.--
(1) In general.--From the amounts appropriated under subsection
(k) for any fiscal year, the Secretary is authorized to award
grants, on a competitive basis, for a period of 3 years, to State
educational agencies to enable the State educational agencies to
award grants to eligible local educational agencies to carry out
the activities described in subsection (e) for students in any of
the grades kindergarten through grade 9.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications for projects that
will implement statewide strategies for improving mathematics
instruction and raising the mathematics achievement of students,
particularly students in grades 4 through 8.
(d) State Uses of Funds.--
(1) In general.--Each State educational agency that receives a
grant under this section for a fiscal year--
(A) shall expend not more than a total of 10 percent of the
grant funds to carry out the activities described in paragraph
(2) or (3) for the fiscal year; and
(B) shall use not less than 90 percent of the grant funds
to award grants, on a competitive basis, to eligible local
educational agencies to enable the eligible local educational
agencies to carry out the activities described in subsection
(e) for the fiscal year.
(2) Mandatory uses of funds.--A State educational agency shall
use the grant funds made available under paragraph (1)(A) to carry
out each of the following activities:
(A) Planning and administration.--Planning and
administration, including--
(i) evaluating applications from eligible local
educational agencies using peer review teams described in
subsection (f)(1)(D);
(ii) administering the distribution of grants to
eligible local educational agencies; and
(iii) assessing and evaluating, on a regular basis,
eligible local educational agency activities assisted under
this section, with respect to whether the activities have
been effective in increasing the number of students--
(I) making progress toward meeting grade-level
mathematics achievement; and
(II) meeting or exceeding grade-level mathematics
achievement.
(B) Reporting.--Annually providing the Secretary with a
report on the implementation of this section as described in
subsection (i).
(3) Permissive uses of funds; technical assistance.--
(A) In general.--A State educational agency may use the
grant funds made available under paragraph (1)(A) for 1 or more
of the following technical assistance activities that assist an
eligible local educational agency, upon request by the eligible
local educational agency, in accomplishing the tasks required
to design and implement a project under this section, including
assistance in--
(i) implementing mathematics programs or comprehensive
mathematics initiatives that are research-based and reflect
a demonstrated record of effectiveness;
(ii) evaluating and selecting diagnostic and classroom
based instructional mathematics assessments; and
(iii) identifying eligible professional development
providers to conduct the professional development
activities described in subsection (e)(1)(B).
(B) Guidance.--The technical assistance described in
subparagraph (A) shall be guided by researchers with expertise
in the pedagogy of mathematics, mathematicians, and mathematics
educators from high-risk, high-achievement schools and eligible
local educational agencies.
(e) Local Uses of Funds.--
(1) Mandatory uses of funds.--Each eligible local educational
agency receiving a grant under this section shall use the grant
funds to carry out each of the following activities for students in
any of the grades kindergarten through grade 9:
(A) To implement mathematics programs or comprehensive
mathematics initiatives--
(i) for students in the grades of a participating
school as identified in the application submitted under
subsection (f)(2)(B); and
(ii) that are research-based and reflect a demonstrated
record of effectiveness.
(B) To provide professional development and instructional
leadership activities for teachers and, if appropriate, for
administrators and other school staff, on the implementation of
comprehensive mathematics initiatives designed--
(i) to improve the achievement of students performing
significantly below grade level;
(ii) to improve the mathematical content knowledge of
the teachers, administrators, and other school staff;
(iii) to increase the use of effective instructional
practices; and
(iv) to monitor student progress.
(C) To conduct continuous progress monitoring, which may
include the adoption and use of assessments that--
(i) measure student progress and identify areas in
which students need help in learning mathematics; and
(ii) reflect mathematics content that is consistent
with State academic achievement standards in mathematics
described in section 1111(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)).
(2) Permissive uses of funds.--An eligible local educational
agency may use grant funds under this section to--
(A) adopt and use mathematics instructional materials and
assessments;
(B) implement classroom-based assessments, including
diagnostic or formative assessments;
(C) provide remedial coursework and interventions for
students, which may be provided before or after school;
(D) provide small groups with individualized instruction in
mathematics;
(E) conduct activities designed to improve the content
knowledge and expertise of teachers, such as the use of a
mathematics coach, enrichment activities, and interdisciplinary
methods of mathematics instruction; and
(F) collect and report performance data.
(f) Applications.--
(1) State educational agency.--Each State educational agency
desiring a grant under this section shall submit an application to
the Secretary at such time and in such manner as the Secretary may
require. Each application shall include--
(A) an assurance that the core mathematics instructional
program, supplemental instructional materials, and intervention
programs used by the eligible local educational agencies for
the project, are research-based and reflect a demonstrated
record of effectiveness and are aligned with State academic
achievement standards;
(B) an assurance that eligible local educational agencies
will meet the requirements described in paragraph (2);
(C) an assurance that local applications will be evaluated
using a peer review process;
(D) a description of the qualifications of the peer review
teams, which shall consist of--
(i) researchers with expertise in the pedagogy of
mathematics;
(ii) mathematicians; and
(iii) mathematics educators serving high-risk, high-
achievement schools and eligible local educational
agencies; and
(E) an assurance that the State has a process to safeguard
against conflicts of interest consistent with subsection (j)(2)
and section 6204 for individuals providing technical assistance
on behalf of the State educational agency or participating in
the State peer review process under this subtitle.
(2) Eligible local educational agency.--Each eligible local
educational agency desiring a grant under this section shall submit
an application to the State educational agency at such time and in
such manner as the State educational agency may require. Each
application shall include--
(A) an assurance that the eligible local educational agency
will provide assistance to 1 or more schools that are--
(i) served by the eligible local educational agency;
and
(ii) described in section 6201(b);
(B) a description of the grades, and of the schools, that
will be served;
(C) information, on an aggregate basis, on each school to
be served by the project, including such demographic,
socioeconomic, and mathematics achievement data as the State
educational agency may request;
(D) a description of the core mathematics instructional
program, supplemental instructional materials, and intervention
programs or strategies that will be used for the project,
including an assurance that the programs or strategies are
research-based and reflect a demonstrated record of
effectiveness and are aligned with State academic achievement
standards;
(E) a description of the activities that will be carried
out under the grant, including a description of the
professional development that will be provided to teachers,
and, if appropriate, administrators and other school staff, and
a description of how the activities will support achievement of
the purpose of this section;
(F) an assurance that the eligible local educational agency
will report to the State educational agency all data on student
academic achievement that is necessary for the State
educational agency's report under subsection (i);
(G) a description of the eligible entity's plans for
evaluating the impact of professional development and
leadership activities in mathematics on the content knowledge
and expertise of teachers, administrators, or other school
staff; and
(H) any other information the State educational agency may
reasonably require.
(g) Prohibitions.--
(1) In general.--In implementing this section, the Secretary
shall not--
(A) endorse, approve, or sanction any mathematics
curriculum designed for use in any school; or
(B) engage in oversight, technical assistance, or
activities that will require the adoption of a specific
mathematics program or instructional materials by a State,
local educational agency, or school.
(2) Rule of construction.--Nothing in this subtitle shall be
construed to authorize or permit the Department of Education, or a
Department of Education contractor, to mandate, direct, control, or
suggest the selection of a mathematics curriculum, supplemental
instructional materials, or program of instruction by a State,
local educational agency, or school.
(h) Matching Requirements.--
(1) State educational agency.--A State educational agency that
receives 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, of which not more than 20 percent of such 50 percent may be
provided by local educational agencies within the State.
(2) Waiver.--The Secretary may waive all of or a portion of the
matching requirement described in paragraph (1) for any fiscal
year, if the Secretary determines that--
(A) the application of the matching requirement will result
in serious hardship for the State educational agency; or
(B) providing a waiver best serves the purpose of the
program assisted under this section.
(i) Program Performance and Accountability.--
(1) Information.--Each State educational agency receiving a
grant under this section shall collect and report to the Secretary
annually such information on the results of the grant as the
Secretary may reasonably require, including information on--
(A) mathematics achievement data that show the progress of
students participating in projects under this section
(including, to the extent practicable, comparable data from
students not participating in such projects), based primarily
on the results of State, school district wide, or classroom-
based, assessments, including--
(i) specific identification of those schools and
eligible local educational agencies that report the largest
gains in mathematics achievement; and
(ii) evidence on whether the State educational agency
and eligible local educational agencies within the State
have--
(I) significantly increased the number of students
achieving at grade level or above in mathematics;
(II) significantly increased the percentages of
students described in section 1111(b)(2)(C)(v)(II) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)(v)(II)) who are achieving at grade
level or above in mathematics;
(III) significantly increased the number of
students making significant progress toward meeting
grade-level mathematics achievement standards; and
(IV) successfully implemented this section;
(B) the percentage of students in the schools served by the
eligible local educational agency who enroll in algebra courses
and the percentage of such students who pass algebra courses;
and
(C) the progress made in increasing the quality and
accessibility of professional development and leadership
activities in mathematics, especially activities resulting in
greater content knowledge and expertise of teachers,
administrators, and other school staff, except that the
Secretary shall not require such information until after the
third year of a grant awarded under this section.
(2) Reporting and disaggregation.--The information required
under paragraph (1) shall be--
(A) reported in a manner that allows for a comparison of
aggregated score differentials of student academic achievement
before (to the extent feasible) and after implementation of the
project assisted under this section; and
(B) disaggregated in the same manner as information is
disaggregated under section 1111(h)(1)(C)(i) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i)).
(3) Privacy protection.--The data in the report shall be
reported in a manner that--
(A) protects the privacy of individuals; and
(B) complies with the requirements of section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) (commonly
known as the Family Educational Rights and Privacy Act of
1974).
(j) Evaluation and Technical Assistance.--
(1) Evaluation.--
(A) In general.--The Secretary shall conduct an annual
independent evaluation, by grant or by contract, of the program
assisted under this section, which shall include an assessment
of the impact of the program on student academic achievement
and teacher performance, and may use funds available to carry
out this section to conduct the evaluation.
(B) Report.--The Secretary shall annually submit, to the
Committee on Education and Labor and the Committee on
Appropriations of the House of Representatives, and to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate, a report on the
results of the evaluation.
(C) Limitations.--
(i) In general.--The Secretary shall ensure that the
organization selected to carry out the independent
evaluation under subparagraph (A) does not hold a contract
or subcontract to implement any aspect of the program under
this section.
(ii) Subcontractors.--Any contract entered into under
subparagraph (A) shall prohibit the organization conducting
the evaluation from subcontracting with any entity that
holds a contract or subcontract for any aspect of the
implementation of this section.
(iii) Waiver.--Subject to clause (iv), the Secretary
may waive the application of clause (i) or (ii), or both,
in accordance with the requirements under section 9.503 of
title 48, Code of Federal Regulations, if the Secretary
determines that their application in a particular situation
would not be in the Federal Government's interest.
(iv) Special rule regarding waivers.--No organization
or subcontractor under this paragraph shall receive a
waiver that allows the organization or subcontractor to
evaluate any aspect of the program under this section that
the organization or subcontractor was involved in
implementing.
(2) Technical assistance.--
(A) In general.--The Secretary may use funds made available
under paragraph (3) to provide technical assistance to
prospective applicants and to eligible local educational
agencies receiving a grant under this section.
(B) Conflicts of interest.--If the Secretary carries out
subparagraph (A) through any contracts, the Secretary, in
consultation with the Office of the General Counsel of the
Department, shall ensure that each contract requires the
contractor to--
(i) screen for conflicts of interest when hiring
individuals to carry out the responsibilities under the
contract;
(ii) include the requirement of clause (i) in any
subcontracts the contractor enters into under the contract;
and
(iii) establish and follow a schedule for carrying out
clause (i) and subparagraph (C) and reporting to the
Secretary on the contractor's actions under those
provisions.
(C) Screening process.--Subject to subparagraph (D), the
screening process described in subparagraph (B)(i) shall--
(i) include, at a minimum, a review of--
(I) each individual performing duties under the
contract or subcontract for connections to any State's
program under this section;
(II) such individual's potential financial
interests in, or other connection to, products,
activities, or services that might be purchased by a
State educational agency or local educational agency in
the course of the agency's implementation of the
program under this section; and
(III) such individual's connections to teaching
methodologies that might require the use of specific
products, activities, or services; and
(ii) ensure that individuals performing duties under
the contract do not maintain significant financial
interests in products, activities, or services supported
under this section.
(D) Waiver.--
(i) In general.--The Secretary may, in consultation
with the Office of the General Counsel of the Department,
waive the requirements of subparagraph (C).
(ii) Report.--The Secretary shall--
(I) establish criteria for the waivers under clause
(i); and
(II) report any waivers under clause (i), and the
criteria under which such waivers are allowed, to the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(E) Information dissemination.--
(i) In general.--If the Secretary enters into contracts
to provide technical assistance under subparagraph (A), and
if a contractor enters into subcontracts for that purpose,
each such contract and subcontract shall require the
provider of technical assistance to clearly separate
technical assistance provided under the contract or
subcontract from information provided, or activities
engaged in, as part of the normal operations of the
contractor or subcontractor.
(ii) Methods of compliance.--Efforts to comply with
clause (i) may include the creation of separate webpages
for the purpose of fulfilling a contract or subcontract
entered into under subparagraph (A).
(3) Reservation of funds.--The Secretary may reserve not more
than 2.5 percent of funds appropriated under subsection (k) for a
fiscal year to carry out this subsection.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $95,000,000 for fiscal year
2008, and such sums as may be necessary for each of the 2 succeeding
fiscal years.
SEC. 6202. SUMMER TERM EDUCATION PROGRAMS.
(a) Purpose.--The purpose of this section is to create
opportunities for summer learning by providing students with access to
summer learning in mathematics, technology, and problem-solving to
ensure that students do not experience learning losses over the summer
and to remedy, reinforce, and accelerate the learning of mathematics
and problem-solving.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) desires to participate in a summer learning grant
program under this section by providing summer learning
opportunities described in subsection (d)(4)(A)(ii) to eligible
students; and
(B) is--
(i) a high-need local educational agency; or
(ii) a consortium consisting of a high-need local
educational agency and 1 or more of the following entities:
(I) Another local educational agency.
(II) A community-based youth development
organization with a demonstrated record of
effectiveness in helping students learn.
(III) An institution of higher education.
(IV) An educational service agency.
(V) A for-profit educational provider, nonprofit
organization, science center, museum, or summer
enrichment camp, that has been approved by the State
educational agency to provide the summer learning
opportunity described in subsection (d)(4)(A)(ii).
(2) Eligible student.--The term ``eligible student'' means a
student who--
(A) is eligible for a free lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and
(B) is served by a local educational agency identified by
the State educational agency in the application described in
subsection (c)(2).
(3) High-need local educational agency.--The term ``high-need
local educational agency'' has the meaning given the term in
section 6112.
(c) Demonstration Grant Program.--
(1) Program authorized.--
(A) In general.--From the funds appropriated under
subsection (f) for a fiscal year, the Secretary shall carry out
a demonstration grant program in which the Secretary awards
grants, on a competitive basis, to State educational agencies
to enable the State educational agencies to pay the Federal
share of summer learning grants for eligible students.
(B) Number of grants.--For each fiscal year, the Secretary
shall award not more than 5 grants under this section.
(2) Application.--A State educational agency that desires to
receive a grant under this section shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Such application shall
identify the areas in the State where the summer learning grant
program will be offered and the local educational agencies that
serve such areas.
(3) Award basis.--
(A) Special consideration.--In awarding grants under this
section, the Secretary shall give special consideration to a
State educational agency that agrees, to the extent possible,
to enter into agreements with eligible entities that are
consortia described in subsection (b)(1)(B)(ii) and that
proposes to target services to children in grades kindergarten
through grade 8.
(B) Geographic distribution.--In awarding grants under this
section, the Secretary shall take into consideration an
equitable geographic distribution of the grants.
(d) Summer Learning Grants.--
(1) Use of grants for summer learning grants.--
(A) In general.--Each State educational agency that
receives a grant under subsection (c) for a fiscal year shall
use the grant funds to provide summer learning grants for the
fiscal year to eligible students in the State who desire to
attend a summer learning opportunity offered by an eligible
entity that enters into an agreement with the State educational
agency under paragraph (4)(A).
(B) Amount; federal and non-federal shares.--
(i) Amount.--The amount of a summer learning grant
provided under this section shall be--
(I) for each of the fiscal years 2008 through 2011,
$1,600; and
(II) for fiscal year 2012, $1,800.
(ii) Federal share.--The Federal share of each summer
learning grant shall be not more than 50 percent of the
amount of the summer learning grant determined under clause
(i).
(iii) Non-federal share.--The non-Federal share of each
summer learning grant shall be not less than 50 percent of
the amount of the summer learning grant determined under
clause (i), and shall be provided from non-Federal sources.
(2) Designation of summer scholars.--Eligible students who
receive summer learning grants under this section shall be known as
``summer scholars''.
(3) Selection of summer learning opportunity.--
(A) Dissemination of information.--A State educational
agency that receives a grant under subsection (c) shall
disseminate information about summer learning opportunities and
summer learning grants to the families of eligible students in
the State.
(B) Application.--The parents of an eligible student who
are interested in having their child participate in a summer
learning opportunity and receive a summer learning grant shall
submit an application to the State educational agency that
includes a ranked list of preferred summer learning
opportunities.
(C) Process.--A State educational agency that receives an
application under subparagraph (B) shall--
(i) process such application;
(ii) determine whether the eligible student shall
receive a summer learning grant;
(iii) coordinate the assignment of eligible students
receiving summer learning grants with summer learning
opportunities; and
(iv) if demand for a summer learning opportunity
exceeds capacity, the State educational agency shall
prioritize applications to low-achieving eligible students.
(D) Flexibility.--A State educational agency may assign a
summer scholar to a summer learning opportunity program that is
offered in an area served by a local educational agency that is
not the local educational agency serving the area where such
scholar resides.
(E) Requirement of acceptance.--An eligible entity shall
accept, enroll, and provide the summer learning opportunity of
such entity to, any summer scholar assigned to such summer
learning opportunity by a State educational agency pursuant to
this subsection.
(4) Agreement with eligible entity.--
(A) In general.--A State educational agency shall enter
into an agreement with one or more eligible entities offering a
summer learning opportunity, under which--
(i) the State educational agency shall agree to make
payments to the eligible entity, in accordance with
subparagraph (B), for a summer scholar; and
(ii) the eligible entity shall agree to provide the
summer scholar with a summer learning opportunity that--
(I) provides a total of not less than the
equivalent of 30 full days of instruction (or not less
than the equivalent of 25 full days of instruction, if
the equivalent of an additional 5 days is devoted to
field trips or other enrichment opportunities) to the
summer scholar;
(II) employs small-group, research-based
educational programs, materials, curricula, and
practices;
(III) provides a curriculum that--
(aa) emphasizes mathematics, technology,
engineering, and problem-solving through
experiential learning opportunities;
(bb) is primarily designed to increase the
numeracy and problem-solving skills of the summer
scholar; and
(cc) is aligned with State academic content
standards and goals of the local educational agency
serving the summer scholar;
(IV) measures student progress to determine the
gains made by summer scholars in the summer learning
opportunity, and disaggregates the results of such
progress for summer scholars by race and ethnicity,
economic status, limited English proficiency status,
and disability status, in order to determine the
opportunity's impact on each subgroup of summer
scholars;
(V) collects daily attendance data on each summer
scholar;
(VI) provides professional development
opportunities for teachers to improve their practice in
teaching numeracy, and in integrating problem-solving
techniques into the curriculum; and
(VII) meets all applicable Federal, State, and
local civil rights laws.
(B) Amount of payment.--
(i) In general.--Except as provided in clause (ii), a
State educational agency shall make a payment to an
eligible entity for a summer scholar in the amount
determined under paragraph (1)(B)(i).
(ii) Adjustment.--In the case in which a summer scholar
does not attend the full summer learning opportunity, the
State educational agency shall reduce the amount provided
to the eligible entity pursuant to clause (i) by a
percentage that is equal to the percentage of the summer
learning opportunity not attended by such scholar.
(5) Administrative costs.--A State educational agency or
eligible entity receiving funding under this section may use not
more than 5 percent of such funding for administrative costs
associated with carrying out this section.
(e) Evaluations; Report; Website.--
(1) Evaluation and assessment.--For each year that an eligible
entity enters into an agreement under subsection (d)(4), the
eligible entity shall prepare and submit to the Secretary a report
on the activities and outcomes of each summer learning opportunity
that enrolled a summer scholar, including--
(A) information on the design of the summer learning
opportunity;
(B) the alignment of the summer learning opportunity with
State standards; and
(C) data from assessments of student mathematics and
problem-solving skills for the summer scholars and on the
attendance of the scholars, disaggregated by the subgroups
described in subsection (d)(4)(A)(ii)(IV).
(2) Report.--For each year funds are appropriated under
subsection (f) for this section, the Secretary shall prepare and
submit a report to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and Labor of
the House of Representatives on the summer learning grant programs,
including the effectiveness of the summer learning opportunities in
improving student achievement and learning.
(3) Summer learning grants website.--The Secretary shall make
accessible, on the Department of Education website, information for
parents and school personnel on successful programs and curricula,
and best practices, for summer learning opportunities.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2008 and each of the 2 succeeding fiscal years.
SEC. 6203. MATH SKILLS FOR SECONDARY SCHOOL STUDENTS.
(a) Purposes.--The purposes of this section are--
(1) to provide assistance to State educational agencies and
local educational agencies in implementing effective research-based
mathematics programs for students in secondary schools, including
students with disabilities and students with limited English
proficiency;
(2) to improve instruction in mathematics for students in
secondary school through the implementation of mathematics programs
and the support of comprehensive mathematics initiatives that are
based on the best available evidence of effectiveness;
(3) to provide targeted help to low-income students who are
struggling with mathematics and whose achievement is significantly
below grade level; and
(4) to provide in-service training for mathematics coaches who
can assist secondary school teachers to utilize research-based
mathematics instruction to develop and improve students'
mathematical abilities and knowledge, and assist teachers in
assessing and improving student academic achievement.
(b) Definitions.--In this section:
(1) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency that is
eligible to receive funds, and that is receiving funds, under part
A of title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.).
(2) Mathematics coach.--The term ``mathematics coach'' means a
certified or licensed teacher, with a demonstrated effectiveness in
teaching mathematics to students with specialized needs in
mathematics and improving student academic achievement in
mathematics, a command of mathematical content knowledge, and the
ability to work with classroom teachers to improve the teachers'
instructional techniques to support mathematics improvement, who
works on site at a school--
(A) to train teachers to better assess student learning in
mathematics;
(B) to train teachers to assess students' mathematics
skills and identify students who need remediation; and
(C) to provide or assess remedial mathematics instruction,
including for--
(i) students in after-school and summer school
programs;
(ii) students requiring additional instruction;
(iii) students with disabilities; and
(iv) students with limited English proficiency.
(c) Program Authorized.--
(1) In general.--From funds appropriated under subsection (o)
for a fiscal year, the Secretary shall establish a program, in
accordance with the requirements of this section, that will provide
grants on a competitive basis to State educational agencies to
award grants and subgrants to eligible local educational agencies
for the purpose of establishing mathematics programs to improve the
overall mathematics performance of secondary school students in the
State.
(2) Length of grant.--A grant to a State educational agency
under this section shall be awarded for a period of 3 years.
(d) Reservation of Funds by the Secretary.--From amounts
appropriated under subsection (o) for a fiscal year, the Secretary may
reserve--
(1) not more than 3 percent of such amounts to fund national
activities in support of the programs assisted under this section,
such as research and dissemination of best practices, except that
the Secretary may not use the reserved funds to award grants
directly to local educational agencies; and
(2) not more than \1/2\ of 1 percent of such amounts for the
Bureau of Indian Education of the Department of the Interior to
carry out the services and activities described in subsection
(k)(3) for Indian children.
(e) Grant Formulas.--
(1) Competitive grants to state educational agencies.--From
amounts appropriated under subsection (o) and not reserved under
subsection (d), the Secretary shall award grants, on a competitive
basis, to State educational agencies to enable the State
educational agencies to provide subgrants to eligible local
educational agencies to establish mathematics programs for the
purpose of improving overall mathematics performance among students
in secondary school in the State.
(2) Minimum grant.--The Secretary shall ensure that the minimum
grant made to any State educational agency under this section shall
be not less than $500,000.
(f) Applications.--In order to receive a grant under this section,
a State educational agency shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require. Each such application shall meet the
following conditions:
(1) A State educational agency shall not include the
application for assistance under this section in a consolidated
application submitted under section 9302 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7842).
(2) The State educational agency's application shall include
assurances that such application and any technical assistance
provided by the State will be guided by a peer review team, which
shall consist of--
(A) researchers with expertise in the pedagogy of
mathematics;
(B) mathematicians; and
(C) mathematics educators serving high-risk, high-
achievement schools and eligible local educational agencies.
(3) The State educational agency shall include an assurance
that the State has a process to safeguard against conflicts of
interest consistent with subsection (m)(2) and section 6204 for
individuals providing technical assistance on behalf of the State
educational agency or participating in the State peer review
process under this subtitle.
(4) The State educational agency will participate, if
requested, in any evaluation of the State educational agency's
program under this section.
(5) The State educational agency's application shall include a
program plan that contains a description of the following:
(A) How the State educational agency will assist eligible
local educational agencies in implementing subgrants, including
providing ongoing professional development for mathematics
coaches, teachers, paraprofessionals, and administrators.
(B) How the State educational agency will help eligible
local educational agencies identify high-quality screening,
diagnostic, and classroom-based instructional mathematics
assessments.
(C) How the State educational agency will help eligible
local educational agencies identify high-quality research-based
mathematics materials and programs.
(D) How the State educational agency will help eligible
local educational agencies identify appropriate and effective
materials, programs, and assessments for students with
disabilities and students with limited English proficiency.
(E) How the State educational agency will ensure that
professional development funded under this section--
(i) is based on mathematics research;
(ii) will effectively improve instructional practices
for mathematics for secondary school students;
(iii) will improve student academic achievement in
mathematics; and
(iv) is coordinated with professional development
activities funded through other programs, including section
2113 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6613).
(F) How funded activities will help teachers and other
instructional staff to implement research-based components of
mathematics instruction and improve student academic
achievement.
(G) The subgrant process the State educational agency will
use to ensure that eligible local educational agencies
receiving subgrants implement programs and practices based on
mathematics research.
(H) How the State educational agency will build on and
promote coordination among mathematics programs in the State to
increase overall effectiveness in improving mathematics
instruction and student academic achievement, including for
students with disabilities and students with limited English
proficiency.
(I) How the State educational agency will regularly assess
and evaluate the effectiveness of the eligible local
educational agency activities funded under this section.
(g) State Use of Funds.--Each State educational agency receiving a
grant under this section shall--
(1) establish a peer review team comprised of researchers with
expertise in the pedagogy of mathematics, mathematicians, and
mathematics educators from high-risk, high-achievement schools, to
provide guidance to eligible local educational agencies in
selecting or developing and implementing appropriate, research-
based mathematics programs for secondary school students;
(2) use 80 percent of the grant funds received under this
section for a fiscal year to fund high-quality applications for
subgrants to eligible local educational agencies having
applications approved under subsection (k); and
(3) use 20 percent of the grant funds received under this
section--
(A) to carry out State-level activities described in the
application submitted under subsection (f);
(B) to provide--
(i) technical assistance to eligible local educational
agencies; and
(ii) high-quality professional development to teachers
and mathematics coaches in the State;
(C) to oversee and evaluate subgrant services and
activities undertaken by the eligible local educational
agencies as described in subsection (k)(3); and
(D) for administrative costs, of which not more than 5
percent of the grant funds may be used for planning,
administration, and reporting.
(h) Notice to Eligible Local Educational Agencies.--Each State
educational agency receiving a grant under this section shall provide
notice to all eligible local educational agencies in the State about
the availability of subgrants under this section.
(i) Prohibitions.--
(1) In general.--In implementing this section, the Secretary
shall not--
(A) endorse, approve, or sanction any mathematics
curriculum designed for use in any school; or
(B) engage in oversight, technical assistance, or
activities that will require the adoption of a specific
mathematics program or instructional materials by a State,
local educational agency, or school.
(2) Rule of construction.--Nothing in this section shall be
construed to authorize or permit the Secretary, Department of
Education, or a Department of Education contractor, to mandate,
direct, control, or suggest the selection of a mathematics
curriculum, supplemental instructional materials, or program of
instruction by a State, local educational agency, or school.
(j) Supplement Not Supplant.--Each State educational agency
receiving a grant under this section shall use the grant funds to
supplement, not supplant, State funding for activities authorized under
this section or for other educational activities.
(k) Subgrants to Eligible Local Educational Agencies.--
(1) Application.--
(A) In general.--Each eligible local educational agency
desiring a subgrant under this subsection shall submit an
application to the State educational agency in the form and
according to the schedule established by the State educational
agency.
(B) Contents.--In addition to any information required by
the State educational agency, each application under
subparagraph (A) shall demonstrate how the eligible local
educational agency will carry out the following required
activities:
(i) Development or selection and implementation of
research-based mathematics assessments.
(ii) Development or selection and implementation of
research-based mathematics programs, including programs for
students with disabilities and students with limited
English proficiency.
(iii) Selection of instructional materials based on
mathematics research.
(iv) High-quality professional development for
mathematics coaches and teachers based on mathematics
research.
(v) Evaluation and assessment strategies.
(vi) Reporting.
(vii) Providing access to research-based mathematics
materials.
(C) Consortia.--Consistent with State law, an eligible
local educational agency may apply to the State educational
agency for a subgrant as a member of a consortium of local
educational agencies if each member of the consortium is an
eligible local educational agency.
(2) Award basis.--
(A) Priority.--A State educational agency awarding
subgrants under this subsection shall give priority to eligible
local educational agencies that--
(i) are among the local educational agencies in the
State with the lowest graduation rates, as described in
section 1111(b)(2)(C)(vi) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and
(ii) have the highest number or percentage of students
who are counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
(B) Amount of grants.--Subgrants under this subsection
shall be of sufficient size and scope to enable eligible local
educational agencies to fully implement activities assisted
under this subsection.
(3) Local use of funds.--Each eligible local educational agency
receiving a subgrant under this subsection shall use the subgrant
funds to carry out, at the secondary school level, the following
services and activities:
(A) Hiring mathematics coaches and providing professional
development for mathematics coaches--
(i) at a level to provide effective coaching to
classroom teachers;
(ii) to work with classroom teachers to better assess
student academic achievement in mathematics;
(iii) to work with classroom teachers to identify
students with mathematics problems and, where appropriate,
refer students to available programs for remediation and
additional services;
(iv) to work with classroom teachers to diagnose and
remediate mathematics difficulties of the lowest-performing
students, so that those teachers can provide intensive,
research-based instruction, including during after-school
and summer sessions, geared toward ensuring that those
students can access and be successful in rigorous academic
coursework; and
(v) to assess and organize student data on mathematics
and communicate that data to school administrators to
inform school reform efforts.
(B) Reviewing, analyzing, developing, and, where possible,
adapting curricula to make sure mathematics skills are taught
within other core academic subjects.
(C) Providing mathematics professional development for all
relevant teachers in secondary school, as necessary, that
addresses both remedial and higher level mathematics skills for
students in the applicable curriculum.
(D) Providing professional development for teachers,
administrators, and paraprofessionals serving secondary schools
to help the teachers, administrators, and paraprofessionals
improve student academic achievement in mathematics.
(E) Procuring and implementing programs and instructional
materials based on mathematics research, including software and
other education technology related to mathematics instruction
with demonstrated effectiveness in improving mathematics
instruction and student academic achievement.
(F) Building on and promoting coordination among
mathematics programs in the eligible local educational agency
to increase overall effectiveness in--
(i) improving mathematics instruction; and
(ii) increasing student academic achievement, including
for students with disabilities and students with limited
English proficiency.
(G) Evaluating the effectiveness of the instructional
strategies, teacher professional development programs, and
other interventions that are implemented under the subgrant.
(H) Measuring improvement in student academic achievement,
including through progress monitoring or other assessments.
(4) Supplement not supplant.--Each eligible local educational
agency receiving a subgrant under this subsection shall use the
subgrant funds to supplement, not supplant, the eligible local
educational agency's funding for activities authorized under this
section or for other educational activities.
(5) New services and activities.--Subgrant funds provided under
this subsection may be used only to provide services and activities
authorized under this section that were not provided on the day
before the date of enactment of this Act.
(6) Evaluations.--Each eligible local educational agency
receiving a grant under this subsection shall participate, as
requested by the State educational agency or the Secretary, in
reviews and evaluations of the programs of the eligible local
educational agency and the effectiveness of such programs, and
shall provide such reports as are requested by the State
educational agency and the Secretary.
(l) Matching Requirements.--
(1) State educational agency requirements.--A State educational
agency that receives 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, of which not more than 20 percent of such
50 percent may be provided by local educational agencies within the
State.
(2) Waiver.--The Secretary may waive all or a portion of the
matching requirements described in paragraph (1) for any fiscal
year, if the Secretary determines that--
(A) the application of the matching requirement will result
in serious hardship for the State educational agency; or
(B) providing a waiver best serves the purpose of the
program assisted under this section.
(m) Evaluation and Technical Assistance.--
(1) Evaluation.--
(A) In general.--The Secretary shall conduct an annual
independent evaluation, by grant or by contract, of the program
assisted under this section, which shall include an assessment
of the impact of the program on student academic achievement
and teacher performance, and may use funds available to carry
out this section to conduct the evaluation.
(B) Report.--The Secretary shall annually submit to the
Committee on Education and Labor and the Committee on
Appropriations of the House of Representatives, and to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate, a report on the
results of the evaluation.
(C) Limitations.--
(i) In general.--The Secretary shall ensure that the
organization selected to carry out the independent
evaluation under subparagraph (A) does not hold a contract
or subcontract to implement any aspect of the program under
this section.
(ii) Subcontractors.--Any contract entered into under
subparagraph (A) shall prohibit the organization conducting
the evaluation from subcontracting with any entity that
holds a contract or subcontract for any aspect of the
implementation of this section.
(iii) Waiver.--Subject to clause (iv), the Secretary
may waive the application of clause (i) or (ii), or both,
in accordance with the requirements under section 9.503 of
title 48, Code of Federal Regulations, if the Secretary
determines that their application in a particular situation
would not be in the Federal Government's interest.
(iv) Special rule regarding waivers.--No organization
or subcontractor under this paragraph shall receive a
waiver that allows the organization or subcontractor to
evaluate any aspect of the program under this section that
the organization or subcontractor was involved in
implementing.
(2) Technical assistance.--
(A) In general.--The Secretary may use funds made available
under paragraph (3) to provide technical assistance to
prospective applicants and to State educational agencies and
eligible local educational agencies receiving grants or
subgrants under this section.
(B) Conflicts of interest.--If the Secretary carries out
subparagraph (A) through any contracts, the Secretary, in
consultation with the Office of the General Counsel of the
Department, shall ensure that each contract requires the
contractor to--
(i) screen for conflicts of interest when hiring
individuals to carry out the responsibilities under the
contract;
(ii) include the requirement of clause (i) in any
subcontracts the contractor enters into under the contract;
and
(iii) establish and follow a schedule for carrying out
clause (i) and subparagraph (C) and reporting to the
Secretary on the contractor's actions under those
provisions.
(C) Screening process.--Subject to subparagraph (D), the
screening process described in subparagraph (B)(i) shall--
(i) include, at a minimum, a review of--
(I) each individual performing duties under the
contract or subcontract for connections to any State's
program under this section;
(II) such individual's potential financial
interests in, or other connection to, products,
activities, or services that might be purchased by a
State educational agency or local educational agency in
the course of the agency's implementation of the
program under this section; and
(III) such individual's connections to teaching
methodologies that might require the use of specific
products, activities, or services; and
(ii) ensure that individuals performing duties under
the contract do not maintain significant financial
interests in products, activities, or services supported
under this section.
(D) Waiver.--
(i) In general.--The Secretary may, in consultation
with the Office of the General Counsel of the Department,
waive the requirements of subparagraph (C).
(ii) Report.--The Secretary shall--
(I) establish criteria for the waivers under clause
(i); and
(II) report any waivers under clause (i), and the
criteria under which such waivers are allowed, to the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(E) Information dissemination.--
(i) In general.--If the Secretary enters into contracts
to provide technical assistance under subparagraph (A), and
if a contractor enters into subcontracts for that purpose,
each such contract and subcontract shall require the
provider of technical assistance to clearly separate
technical assistance provided under the contract or
subcontract from information provided, or activities
engaged in, as part of the normal operations of the
contractor or subcontractor.
(ii) Methods of compliance.--Efforts to comply with
clause (i) may include the creation of separate webpages
for the purpose of fulfilling a contract or subcontract
entered into under subparagraph (A).
(3) Reservation of funds.--The Secretary may reserve not more
than 2.5 percent of funds appropriated under subsection (o) for a
fiscal year to carry out this subsection.
(n) Program Performance and Accountability.--
(1) Information.--Each State educational agency receiving a
grant under this section shall collect and report to the Secretary
annually such information on the results of the grant as the
Secretary may reasonably require, including information on--
(A) mathematics achievement data that show the progress of
students participating in projects under this section
(including, to the extent practicable, comparable data from
students not participating in such projects), based primarily
on the results of State, school districtwide, or classroom-
based monitoring reports or assessments, including--
(i) specific identification of those schools and
eligible local educational agencies that report the largest
gains in mathematics achievement; and
(ii) evidence on whether the State educational agency
and eligible local educational agencies within the State
have--
(I) significantly increased the number of students
achieving at the proficient or advanced level on the
State student academic achievement standards in
mathematics under section 1111(b)(1)(D)(ii) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)(D)(ii));
(II) significantly increased the percentages of
students described in section 1111(b)(2)(C)(v)(II) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)(v)(II)) who are achieving
proficiency or advanced levels on such State academic
content standards in mathematics;
(III) significantly increased the number of
students making significant progress toward meeting
such State academic content and achievement standards
in mathematics; and
(IV) successfully implemented this section;
(B) the percentage of students in the schools served by the
eligible local educational agency who enroll in advanced
mathematics courses in grades 9 through 12, including the
percentage of such students who pass such courses; and
(C) the progress made in increasing the quality and
accessibility of professional development and leadership
activities in mathematics, especially activities resulting in
greater content knowledge and expertise of teachers,
administrators, and other school staff, except that the
Secretary shall not require such information until after the
third year of a grant awarded under this section.
(2) Reporting and disaggregation.--The information required
under paragraph (1) shall be--
(A) reported in a manner that allows for a comparison of
aggregated score differentials of student academic achievement
before (to the extent feasible) and after implementation of the
project assisted under this section; and
(B) disaggregated in the same manner as information is
disaggregated under section 1111(h)(1)(C)(i) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(i)).
(o) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $95,000,000 for fiscal year 2008
and each of the 2 succeeding fiscal years.
SEC. 6204. PEER REVIEW OF STATE APPLICATIONS.
(a) Peer Review of State Applications.--The Secretary shall
establish peer review panels to review State educational agency
applications submitted pursuant to sections 6201 and 6203 and shall
consider the recommendation of the peer review panels in deciding
whether to approve the applications.
(b) Screening.--
(1) In general.--The Secretary shall establish a process
through which individuals on the peer review panels who review
State applications under sections 6201 and 6203 (referred to in
this section as ``reviewers'') are screened for potential conflicts
of interest.
(2) Screening requirements.--The screening process described in
paragraph (1) shall, subject to paragraph (3)--
(A) be reviewed and approved by the Office of the General
Counsel of the Department;
(B) include, at a minimum, a review of each reviewer's--
(i) professional connection to any State's program
under such sections, including a disclosure of any
connection to publishers, entities, private individuals, or
organizations related to such State's program;
(ii) potential financial interest in products,
activities, or services that might be purchased by a State
educational agency or local educational agency in the
course of the agency's implementation of the programs under
such sections; and
(iii) professional connections to teaching
methodologies that might require the use of specific
products, activities, or services; and
(C) ensure that reviewers do not maintain significant
financial interests in products, activities, or services
supported under such sections.
(3) Waiver.--
(A) In general.--The Secretary may, in consultation with
the Office of the General Counsel of the Department, waive the
requirements of paragraph (2)(C).
(B) Report of waivers.--The Secretary shall--
(i) establish criteria for the waivers permitted under
subparagraph (A); and
(ii) report any waivers allowed under subparagraph (A),
and the criteria under which such waivers are allowed, to
the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(c) Guidance.--
(1) In general.--The Secretary shall develop procedures for,
and issue guidance regarding, how reviewers will review
applications submitted under sections 6201 and 6203 and provide
feedback to State educational agencies and recommendations to the
Secretary. The Secretary shall also develop guidance for how the
Secretary will review those recommendations and make final
determinations of approval or disapproval of those applications.
(2) Requirements.--Such procedures shall, at a minimum--
(A) create a transparent process through which review
panels provide clear, consistent, and publicly available
documentation and explanations in support of all
recommendations, including the final reviews of the individual
reviewers, except that a final review shall not reveal any
personally identifiable information about the reviewer;
(B) ensure that a State educational agency has the
opportunity for direct interaction with any review panel that
reviewed the agency's application under section 6201 or 6203
when revising that application as a result of feedback from the
panel, including the disclosure of the identities of the
reviewers;
(C) require that any review panel and the Secretary clearly
and consistently document that all required elements of an
application under section 6201 or 6203 are included before the
application is approved; and
(D) create a transparent process through which the
Secretary clearly, consistently, and publicly documents
decisions to approve or disapprove applications under such
sections and the reasons for those decisions.
Subtitle C--Foreign Language Partnership Program
SEC. 6301. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The United States faces a shortage of skilled professionals
with higher levels of proficiency in foreign languages and area
knowledge critical to the Nation's security.
(2) Given the Nation's economic competitiveness interests, it
is crucial that our Nation expand the number of Americans who are
able to function effectively in the environments in which critical
foreign languages are spoken.
(3) Students' ability to become proficient in foreign languages
can be addressed by starting language learning at a younger age and
expanding opportunities for continuous foreign language education
from elementary school through postsecondary education.
(b) Purpose.--The purpose of this subtitle is to significantly
increase--
(1) the opportunities to study critical foreign languages and
the context in which the critical foreign languages are spoken; and
(2) the number of American students who achieve the highest
level of proficiency in critical foreign languages.
SEC. 6302. DEFINITIONS.
In this subtitle:
(1) Eligible recipient.--The term ``eligible recipient'' means
an entity mutually agreed upon by a partnership that shall receive
grant funds under this subtitle on behalf of the partnership for
use in carrying out the activities assisted under this subtitle.
(2) Partnership.--The term ``partnership'' means a partnership
that--
(A) shall include--
(i) an institution of higher education; and
(ii) 1 or more local educational agencies; and
(B) may include 1 or more entities that support the
purposes of this subtitle.
(3) Superior level of proficiency.--The term ``superior level
of proficiency'' means level 3, the professional working level, as
measured by the Federal Interagency Language Roundtable (ILR) or by
other generally recognized measures of superior standards.
SEC. 6303. PROGRAM AUTHORIZED.
(a) Program Authorized.--
(1) In general.--The Secretary is authorized to award grants to
eligible recipients to enable partnerships served by the eligible
recipients to establish articulated programs of study in critical
foreign languages that will enable students to advance successfully
from elementary school through postsecondary education and achieve
higher levels of proficiency in a critical foreign language.
(2) Duration.--A grant awarded under paragraph (1) shall be for
a period of not more than 5 years, of which 2 years may be for
planning and development. A grant may be renewed for not more than
2 additional 5-year periods, if the Secretary determines that the
partnership's program is effective and the renewal will best serve
the purposes of this subtitle.
(b) Applications.--
(1) In general.--Each eligible recipient desiring 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,
including contact information and letters of commitment, and
describe the responsibilities of each member of the
partnership, including--
(i) how each of the partners will be involved in
planning, developing, and implementing--
(I) program curriculum and materials; and
(II) teacher professional development;
(ii) what resources each of the partners will provide;
and
(iii) how the partners will contribute to ensuring the
continuity of student progress from elementary school
through the postsecondary level;
(B) describe how an articulated curriculum for students
will be developed and implemented, which may include the use
and integration of technology into such curriculum;
(C) identify target proficiency levels for students at
critical benchmarks (such as grades 4, 8, and 12), and describe
how progress toward those proficiency levels will be assessed
at the benchmarks, and how the program will use the results of
the assessments to ensure continuous progress toward achieving
a superior level of proficiency at the postsecondary level;
(D) describe how the partnership will--
(i) ensure that students from a program assisted under
this subtitle who are beginning postsecondary education
will be assessed and enabled to progress to a superior
level of proficiency;
(ii) address the needs of students already at, or near,
the superior level of proficiency, which may include
diagnostic assessments for placement purposes, customized
and individualized language learning opportunities, and
experimental and interdisciplinary language learning; and
(iii) identify and describe how the partnership will
work with institutions of higher education outside the
partnership to provide participating students with multiple
options for postsecondary education consistent with the
purposes of this subtitle;
(E) describe how the partnership will support and continue
the program after the grant has expired, including how the
partnership will seek support from other sources, such as State
and local governments, foundations, and the private sector; and
(F) describe what assessments will be used or, if
assessments not available, how assessments will be developed.
(c) Uses of Funds.--Grant funds awarded under this subtitle--
(1) shall be used to plan, develop, and implement programs at
the elementary school level through postsecondary education,
consistent with the purpose of this subtitle, including--
(A) the development of curriculum and instructional
materials; and
(B) recruitment of students; and
(2) may be used for--
(A) teacher recruitment (including recruitment from other
professions and recruitment of native-language speakers in the
community) and professional development directly related to the
purposes of this subtitle at the elementary school through
secondary school levels;
(B) development of appropriate assessments;
(C) opportunities for maximum language exposure for
students in the program, such as the creation of immersion
environments (such as language houses, language tables,
immersion classrooms, and weekend and summer experiences) and
special tutoring and academic support;
(D) dual language immersion programs;
(E) scholarships and study-abroad opportunities, related to
the program, for postsecondary students and newly recruited
teachers who have advanced levels of proficiency in a critical
foreign language, except that not more than 20 percent of the
grant funds provided to an eligible recipient under this
section for a fiscal year may be used to carry out this
subparagraph;
(F) activities to encourage community involvement to assist
in meeting the purposes of this subtitle;
(G) summer institutes for students and teachers;
(H) bridge programs that allow dual enrollment for
secondary school students in institutions of higher education;
(I) programs that expand the understanding and knowledge of
historic, geographic, and contextual factors within countries
with populations who speak critical foreign languages, if such
programs are carried out in conjunction with language
instruction;
(J) research on, and evaluation of, the teaching of
critical foreign languages;
(K) data collection and analysis regarding the results of--
(i) various student recruitment strategies;
(ii) program design; and
(iii) curricular approaches;
(L) the impact of the strategies, program design, and
curricular approaches described in subparagraph (K) on
increasing--
(i) the number of students studying critical foreign
languages; and
(ii) the proficiency of the students in the critical
foreign languages; and
(M) distance learning projects for critical foreign
language learning.
(d) Matching Requirement.--
(1) In general.--An eligible recipient that receives a grant
under this subtitle shall provide, toward the cost of carrying out
the activities supported by the grant, from non-Federal sources, an
amount equal to--
(A) 20 percent of the amount of the grant payment for the
first fiscal year for which a grant payment is made;
(B) 30 percent of the amount of the grant payment for the
second such fiscal year;
(C) 40 percent of the amount of the grant payment for the
third such fiscal year; and
(D) 50 percent of the amount of the grant payment for each
of the fourth and fifth such fiscal years.
(2) Non-federal share.--The non-Federal share required under
paragraph (1) may be provided in cash or in-kind.
(3) Waiver.--The Secretary may waive all or part of the
matching requirement of paragraph (1), for any fiscal year, if the
Secretary determines that--
(A) the application of the matching requirement will result
in serious hardship for the partnership; or
(B) the waiver will best serve the purposes of this
subtitle.
(e) Supplement Not Supplant.--Grant funds provided under this
subtitle shall be used to supplement, not supplant, other Federal and
non-Federal funds available to carry out the activities described in
subsection (c).
(f) Technical Assistance.--The Secretary shall enter into a
contract to establish a technical assistance center to provide
technical assistance to partnerships developing critical foreign
language programs assisted under this subtitle. The center shall--
(1) assist the partnerships in the development of critical
foreign language instructional materials and assessments; and
(2) disseminate promising foreign language instructional
practices.
(g) Program Evaluation.--
(1) In general.--The Secretary may reserve not more than 5
percent of the total amount appropriated for this subtitle for any
fiscal year to annually evaluate the programs under this subtitle.
(2) Report.--The Secretary shall prepare and annually submit,
to the Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on Education and Labor of the House of
Representatives, and the Committees on Appropriations of the Senate
and House of Representatives, a report--
(A) on the results of any program evaluation conducted
under this subsection; and
(B) that includes best practices on the teaching and
learning of foreign languages based on the findings from the
evaluation.
SEC. 6304. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this subtitle, there are authorized
to be appropriated $28,000,000 for fiscal year 2008, and such sums as
may be necessary for each of the 2 succeeding fiscal years.
Subtitle D--Alignment of Education Programs
SEC. 6401. ALIGNMENT OF SECONDARY SCHOOL GRADUATION REQUIREMENTS WITH
THE DEMANDS OF 21ST CENTURY POSTSECONDARY ENDEAVORS AND
SUPPORT FOR P-16 EDUCATION DATA SYSTEMS.
(a) Purpose.--It is the purpose of this section--
(1) to promote more accountability with respect to preparation
for higher education, the 21st century workforce, and the Armed
Forces, by aligning--
(A) student knowledge, student skills, State academic
content standards and assessments, and curricula, in elementary
and secondary education, especially with respect to
mathematics, science, reading, and, where applicable,
engineering and technology; with
(B) the demands of higher education, the 21st century
workforce, and the Armed Forces;
(2) to support the establishment or improvement of statewide P-
16 education data systems that--
(A) assist States in improving the rigor and quality of
State academic content standards and assessments;
(B) ensure students are prepared to succeed in--
(i) academic credit-bearing coursework in higher
education without the need for remediation;
(ii) the 21st century workforce; or
(iii) the Armed Forces; and
(3) enable States to have valid and reliable information to
inform education policy and practice.
(b) Definitions.--In this section:
(1) P-16 education.--The term ``P-16 education'' means the
educational system from preschool through the conferring of a
baccalaureate degree.
(2) Statewide partnership.--The term ``statewide partnership''
means a partnership that--
(A) shall include--
(i) the Governor of the State or the designee of the
Governor;
(ii) the heads of the State systems for public higher
education, or, if such a position does not exist, not less
than 1 representative of a public degree-granting
institution of higher education;
(iii) a representative of the agencies in the State
that administer Federal or State-funded early childhood
education programs;
(iv) not less than 1 representative of a public
community college;
(v) not less than 1 representative of a technical
school;
(vi) not less than 1 representative of a public
secondary school;
(vii) the chief State school officer;
(viii) the chief executive officer of the State higher
education coordinating board;
(ix) not less than 1 public elementary school teacher
employed in the State;
(x) not less than 1 early childhood educator in the
State;
(xi) not less than 1 public secondary school teacher
employed in the State;
(xii) not less than 1 representative of the business
community in the State; and
(xiii) not less than 1 member of the Armed Forces; and
(B) may include other individuals or representatives of
other organizations, such as a school administrator, a faculty
member at an institution of higher education, a member of a
civic or community organization, a representative from a
private institution of higher education, a dean or similar
representative of a school of education at an institution of
higher education or a similar teacher certification or
licensure program, or the State official responsible for
economic development.
(c) Grants Authorized.--The Secretary is authorized to award
grants, on a competitive basis, to States to enable each such State to
work with a statewide partnership--
(1) to promote better alignment of content knowledge
requirements for secondary school graduation with the knowledge and
skills needed to succeed in postsecondary education, the 21st
century workforce, or the Armed Forces; or
(2) to establish or improve a statewide P-16 education data
system.
(d) Period of Grants; Non-Renewability.--
(1) Grant period.--The Secretary shall award a grant under this
section for a period of not more than 3 years.
(2) Non-renewability.--The Secretary shall not award a State
more than 1 grant under this section.
(e) Authorized Activities.--
(1) Grants for p-16 alignment.--Each State receiving a grant
under subsection (c)(1)--
(A) shall use the grant funds for--
(i) identifying and describing the content knowledge
and skills students who enter institutions of higher
education, the workforce, and the Armed Forces need to have
in order to succeed without any remediation based on
detailed requirements obtained from institutions of higher
education, employers, and the Armed Forces;
(ii) identifying and making changes that need to be
made to a State's secondary school graduation requirements,
academic content standards, academic achievement standards,
and assessments preceding graduation from secondary school
in order to align the requirements, standards, and
assessments with the knowledge and skills necessary for
success in academic credit-bearing coursework in
postsecondary education, in the 21st century workforce, and
in the Armed Forces without the need for remediation;
(iii) convening stakeholders within the State and
creating a forum for identifying and deliberating on
education issues that--
(I) involve preschool through grade 12 education,
postsecondary education, the 21st century workforce,
and the Armed Forces; and
(II) transcend any single system of education's
ability to address; and
(iv) implementing activities designed to ensure the
enrollment of all elementary school and secondary school
students in rigorous coursework, which may include--
(I) specifying the courses and performance levels
necessary for acceptance into institutions of higher
education; and
(II) developing or providing guidance to local
educational agencies within the State on the adoption
of curricula and assessments aligned with State
academic content standards, which assessments may be
used as measures of student academic achievement in
secondary school as well as for entrance or placement
at institutions of higher education, including through
collaboration with institutions of higher education in,
or State educational agencies serving, other States;
and
(B) may use the grant funds for--
(i) developing and making available specific
opportunities for extensive professional development for
teachers, paraprofessionals, principals, and school
administrators, including collection and dissemination of
effective teaching practices to improve instruction and
instructional support mechanisms;
(ii) identifying changes in State academic content
standards, academic achievement standards, and assessments
for students in grades preceding secondary school in order
to ensure such standards and assessments are appropriately
aligned and adequately reflect the content needed to
prepare students to enter secondary school;
(iii) developing a plan to provide remediation and
additional learning opportunities for students who are
performing below grade level to ensure that all students
will have the opportunity to meet secondary school
graduation requirements;
(iv) identifying and addressing teacher certification
needs; or
(v) incorporating 21st century learning skills into the
State plan, which skills shall include critical thinking,
problem solving, communication, collaboration, global
awareness, and business and financial literacy.
(2) Grants for statewide p-16 education data systems.--
(A) Establishment of system.--Each State that receives a
grant under subsection (c)(2) shall establish a statewide P-16
education longitudinal data system that--
(i) provides each student, upon enrollment in a public
elementary school or secondary school in the State, with a
unique identifier, such as a bar code, that--
(I) does not permit a student to be individually
identified by users of the system; and
(II) is retained throughout the student's
enrollment in P-16 education in the State; and
(ii) meets the requirements of subparagraphs (B)
through (E).
(B) Improvement of existing system.--Each State that
receives a grant under subsection (c)(2) for the improvement of
a statewide P-16 education data system may employ, coordinate,
or revise an existing statewide data system to establish a
statewide longitudinal P-16 education data system that meets
the requirements of subparagraph (A), if the statewide
longitudinal P-16 education data system produces valid and
reliable data.
(C) Privacy and access to data.--
(i) In general.--Each State that receives a grant under
subsection (c)(2) shall implement measures to--
(I) ensure that the statewide P-16 education data
system meets the requirements of section 444 of the
General Education Provisions Act (20 U.S.C. 1232g)
(commonly known as the Family Educational Rights and
Privacy Act of 1974);
(II) limit the use of information in the statewide
P-16 education data system by institutions of higher
education and State or local educational agencies or
institutions to the activities set forth in paragraph
(1) or State law regarding education, consistent with
the purposes of this subtitle;
(III) prohibit the disclosure of personally
identifiable information except as permitted under
section 444 of the General Education Provisions Act and
any additional limitations set forth in State law;
(IV) keep an accurate accounting of the date,
nature, and purpose of each disclosure of personally
identifiable information in the statewide P-16
education data system, a description of the information
disclosed, and the name and address of the person,
agency, institution, or entity to whom the disclosure
is made, which accounting shall be made available on
request to parents of any student whose information has
been disclosed;
(V) notwithstanding section 444 of the General
Education Provisions Act, require any non-governmental
party obtaining personally identifiable information to
sign a data use agreement prior to disclosure that--
(aa) prohibits the party from further
disclosing the information;
(bb) prohibits the party from using the
information for any purpose other than the purpose
specified in the agreement; and
(cc) requires the party to destroy the
information when the purpose for which the
disclosure was made is accomplished;
(VI) maintain adequate security measures to ensure
the confidentiality and integrity of the statewide P-16
education data system, such as protecting a student
record from identification by a unique identifier;
(VII) where rights are provided to parents under
this clause, provide those rights to the student
instead of the parent if the student has reached the
age of 18 or is enrolled in a postsecondary educational
institution; and
(VIII) ensure adequate enforcement of the
requirements of this clause.
(ii) Use of unique identifiers.--
(I) Governmental use of unique identifiers.--It
shall be unlawful for any Federal, State, or local
governmental agency to use the unique identifiers
employed in the statewide P-16 education data systems
for any purpose other than as authorized by Federal or
State law regarding education, or to deny any
individual any right, benefit, or privilege provided by
law because of such individual's refusal to disclose
the individual's unique identifier.
(II) Regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
promulgate regulations governing the use by
governmental and non-governmental entities of the
unique identifiers employed in statewide P-16 education
data systems, including, where necessary, regulations
requiring States desiring grants for statewide P-16
education data systems under this section to implement
specified measures, with the goal of safeguarding
individual privacy to the maximum extent practicable
consistent with the uses of the information authorized
in this Act or other Federal or State law regarding
education.
(D) Required elements of a statewide p-16 education data
system.--The State shall ensure that the statewide P-16
education data system includes the following elements:
(i) Preschool through grade 12 education and
postsecondary education.--With respect to preschool through
grade 12 education and postsecondary education--
(I) a unique statewide student identifier that does
not permit a student to be individually identified by
users of the system;
(II) student-level enrollment, demographic, and
program participation information;
(III) student-level information about the points at
which students exit, transfer in, transfer out, drop
out, or complete P-16 education programs;
(IV) the capacity to communicate with higher
education data systems; and
(V) a State data audit system assessing data
quality, validity, and reliability.
(ii) Preschool through grade 12 education.--With
respect to preschool through grade 12 education--
(I) yearly test records of individual students with
respect to assessments under section 1111(b) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b));
(II) information on students not tested by grade
and subject;
(III) a teacher identifier system with the ability
to match teachers to students;
(IV) student-level transcript information,
including information on courses completed and grades
earned; and
(V) student-level college readiness test scores.
(iii) Postsecondary education.--With respect to
postsecondary education, data that provide--
(I) information regarding the extent to which
students transition successfully from secondary school
to postsecondary education, including whether students
enroll in remedial coursework; and
(II) other information determined necessary to
address alignment and adequate preparation for success
in postsecondary education.
(E) Functions of the statewide p-16 education data
system.--In implementing the statewide P-16 education data
system, the State shall--
(i) identify factors that correlate to students'
ability to successfully engage in and complete
postsecondary-level general education coursework without
the need for prior developmental coursework;
(ii) identify factors to increase the percentage of
low-income and minority students who are academically
prepared to enter and successfully complete postsecondary-
level general education coursework; and
(iii) use the data in the system to otherwise inform
education policy and practice in order to better align
State academic content standards, and curricula, with the
demands of postsecondary education, the 21st century
workforce, and the Armed Forces.
(f) Application.--
(1) In general.--Each State desiring 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
reasonably require.
(2) Application contents.--Each application submitted under
this section shall specify whether the State application is for the
conduct of P-16 education alignment activities, or the
establishment or improvement of a statewide P-16 education data
system. The application shall include, at a minimum, the following:
(A) A description of the activities and programs to be
carried out with the grant funds and a comprehensive plan for
carrying out the activities.
(B) A description of how the concerns and interests of the
larger education community, including parents, students,
teachers, teacher educators, principals, and preschool
administrators will be represented in carrying out the
authorized activities described in subsection (e).
(C) In the case of a State applying for funding for P-16
education alignment, a description of how the State will
provide assistance to local educational agencies in
implementing rigorous State academic content standards,
substantive curricula, remediation, and acceleration
opportunities for students, as well as other changes determined
necessary by the State.
(D) In the case of a State applying for funding to
establish or improve a statewide P-16 education data system--
(i) a description of the privacy protection and
enforcement measures that the State has implemented or will
implement pursuant to subsection (e)(2)(C), and assurances
that these measures will be in place prior to the
establishment or improvement of the statewide P-16
education data system; and
(ii) an assurance that the State will continue to fund
the statewide P-16 education data system after the end of
the grant period.
(g) Supplement Not Supplant.--Grant funds provided under this
section shall be used to supplement, not supplant, other Federal,
State, and local funds available to carry out the authorized activities
described in subsection (e).
(h) Matching Requirement.--Each State 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) Rule of Construction.--
(1) No raw data requirement.--Nothing in this section shall be
construed to require States to provide raw data to the Secretary.
(2) Private or home schools.--Nothing in this section shall be
construed to affect any private school that does not receive funds
or services under this Act or any home school, whether or not the
home school is treated as a home school or a private school under
State law, including imposing new requirements for students
educated through a home school seeking admission to institutions of
higher education.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $120,000,000 for fiscal year
2008 and such sums as may be necessary for fiscal year 2009.
Subtitle E--Mathematics and Science Partnership Bonus Grants
SEC. 6501. MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS.
(a) In General.--From amounts appropriated under section 6502, the
Secretary shall award a grant--
(1) for each of the school years 2007-2008 through 2010-2011,
to each of the 3 elementary schools, and each of the 3 secondary
schools, each of which has a high concentration of low income
students as defined in section 1707(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6537(2)), in each State
whose students demonstrate the most improvement in mathematics, as
measured by the improvement in the students' average score on the
State's assessments in mathematics for the school year for which
the grant is awarded, as compared to the school year preceding the
school year for which the grant is awarded; and
(2) for each of the school years 2008-2009 through 2010-2011,
to each of the 3 elementary schools, and each of the 3 secondary
schools, each of which has a high concentration of low income
students as defined in section 1707(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6537(2)), in each State
whose students demonstrate the most improvement in science, as
measured by the improvement in the students' average score on the
State's assessments in science for the school year for which the
grant is awarded, as compared to the school year preceding the
school year for which the grant is awarded.
(b) Grant Amount.--The amount of each grant awarded under this
section shall be $50,000.
SEC. 6502. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
such sums as may be necessary for fiscal years 2008 and each of the 2
succeeding fiscal years.
TITLE VII--NATIONAL SCIENCE FOUNDATION
SEC. 7001. DEFINITIONS.
In this title:
(1) Basic research.--The term ``basic research'' has the
meaning given such term in the Office of Management and Budget
circular No. A-11.
(2) Board.--The term ``Board'' means the National Science Board
established under section 2 of the National Science Foundation Act
of 1950 (42 U.S.C. 1861).
(3) Director.--The term ``Director'' means the Director of the
Foundation.
(4) Elementary school.--The term ``elementary school'' has the
meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(6) Institution of higher education.--The term ``institution of
higher education'' has the meaning given such term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(7) Secondary school.--The term ``secondary school'' has the
meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 7002. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2008.--
(1) In general.--There are authorized to be appropriated to the
Foundation $6,600,000,000 for fiscal year 2008.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,156,000,000 shall be made available for research and
related activities, of which--
(i) $115,000,000 shall be made available for the Major
Research Instrumentation program;
(ii) $165,400,000 shall be made available for the
Faculty Early Career Development (CAREER) Program;
(iii) $61,600,000 shall be made available for the
Research Experiences for Undergraduates program;
(iv) $120,000,000 shall be made available for the
Experimental Program to Stimulate Competitive Research;
(v) $47,300,000 shall be made available for the
Integrative Graduate Education and Research Traineeship
program;
(vi) $9,000,000 shall be made available for the
Graduate Research Fellowship program; and
(vii) $10,000,000 shall be made available for the
professional science master's degree program under section
7034;
(B) $896,000,000 shall be made available for education and
human resources, of which--
(i) $100,000,000 shall be for Mathematics and Science
Education Partnerships established under section 9 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n);
(ii) $89,800,000 shall be for the Robert Noyce
Scholarship Program established under section 10 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1);
(iii) $40,000,000 shall be for the Science,
Mathematics, Engineering, and Technology Talent Expansion
Program established under section 8(7) of the National
Science Foundation Authorization Act of 2002 (Public Law
107-368);
(iv) $52,000,000 shall be for the Advanced
Technological Education program established by section 3(a)
of the Scientific and Advanced-Technology Act of 1992
(Public Law 102-476);
(v) $27,100,000 shall be made available for the
Integrative Graduate Education and Research Traineeship
program; and
(vi) $96,600,000 shall be made available for the
Graduate Research Fellowship program;
(C) $245,000,000 shall be made available for major research
equipment and facilities construction;
(D) $285,600,000 shall be made available for agency
operations and award management;
(E) $4,050,000 shall be made available for the Office of
the National Science Board; and
(F) $12,350,000 shall be made available for the Office of
Inspector General.
(b) Fiscal Year 2009.--
(1) In general.--There are authorized to be appropriated to the
Foundation $7,326,000,000 for fiscal year 2009.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,742,300,000 shall be made available for research and
related activities, of which--
(i) $123,100,000 shall be made available for the Major
Research Instrumentation program;
(ii) $183,600,000 shall be made available for the
Faculty Early Career Development (CAREER) Program;
(iii) $68,400,000 shall be made available for the
Research Experiences for Undergraduates program;
(iv) $133,200,000 shall be made available for the
Experimental Program to Stimulate Competitive Research;
(v) $52,500,000 shall be made available for the
Integrative Graduate Education and Research Traineeship
program;
(vi) $10,000,000 shall be made available for the
Graduate Research Fellowship program; and
(vii) $12,000,000 shall be made available for the
professional science master's degree program under section
7034;
(B) $995,000,000 shall be made available for education and
human resources, of which--
(i) $111,000,000 shall be for Mathematics and Science
Education Partnerships established under section 9 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n);
(ii) $115,000,000 shall be for the Robert Noyce
Scholarship Program established under section 10 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1);
(iii) $50,000,000 shall be for the Science,
Mathematics, Engineering, and Technology Talent Expansion
Program established under section 8(7) of the National
Science Foundation Authorization Act of 2002 (Public Law
107-368);
(iv) $57,700,000 shall be for the Advanced
Technological Education program as established by section
3(a) of the Scientific and Advanced-Technology Act of 1992
(Public Law 102-476);
(v) $30,100,000 shall be made available for the
Integrative Graduate Education and Research Traineeship
program; and
(vi) $107,200,000 shall be made available for the
Graduate Research Fellowship program;
(C) $262,000,000 shall be made available for major research
equipment and facilities construction;
(D) $309,760,000 shall be made available for agency
operations and award management;
(E) $4,190,000 shall be made available for the Office of
the National Science Board; and
(F) $12,750,000 shall be made available for the Office of
Inspector General.
(c) Fiscal Year 2010.--
(1) In general.--There are authorized to be appropriated to the
Foundation $8,132,000,000 for fiscal year 2010.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $6,401,000,000 shall be made available for research and
related activities, of which--
(i) $131,700,000 shall be made available for the Major
Research Instrumentation program;
(ii) $203,800,000 shall be made available for the
Faculty Early Career Development (CAREER) Program;
(iii) $75,900,000 shall be made available for the
Research Experiences for Undergraduates program;
(iv) $147,800,000 shall be made available for the
Experimental Program to Stimulate Competitive Research;
(v) $58,300,000 shall be made available for the
Integrative Graduate Education and Research Traineeship
program;
(vi) $11,100,000 shall be made available for the
Graduate Research Fellowship program; and
(vii) $15,000,000 shall be made available for the
professional science master's degree program under section
7034;
(B) $1,104,000,000 shall be made available for education
and human resources, of which--
(i) $123,200,000 shall be for Mathematics and Science
Education Partnerships established under section 9 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n);
(ii) $140,500,000 shall be for the Robert Noyce
Scholarship Program established under section 10 of the
National Science Foundation Authorization Act of 2002 (42
U.S.C. 1862n-1);
(iii) $55,000,000 shall be for the Science,
Mathematics, Engineering, and Technology Talent Expansion
Program established under section 8(7) of the National
Science Foundation Authorization Act of 2002 (Public Law
107-368);
(iv) $64,000,000 shall be for the Advanced
Technological Education program as established by section
3(a) of the Scientific and Advanced-Technology Act of 1992
(Public Law 102-476);
(v) $33,400,000 shall be made available for the
Integrative Graduate Education and Research Traineeship
program; and
(vi) $119,000,000 shall be made available for the
Graduate Research Fellowship program;
(C) $280,000,000 shall be made available for major research
equipment and facilities construction;
(D) $329,450,000 shall be made available for agency
operations and award management;
(E) $4,340,000 shall be made available for the Office of
the National Science Board; and
(F) $13,210,000 shall be made available for the Office of
Inspector General.
SEC. 7003. REAFFIRMATION OF THE MERIT-REVIEW PROCESS OF THE NATIONAL
SCIENCE FOUNDATION.
Nothing in this title or title I, or the amendments made by this
title or title I, shall be interpreted to require or recommend that the
Foundation--
(1) alter or modify its merit-review system or peer-review
process; or
(2) exclude the awarding of any proposal by means of the merit-
review or peer-review process.
SEC. 7004. SENSE OF THE CONGRESS REGARDING THE MATHEMATICS AND SCIENCE
PARTNERSHIP PROGRAMS OF THE DEPARTMENT OF EDUCATION AND
THE NATIONAL SCIENCE FOUNDATION.
It is the sense of the Congress that--
(1) although the mathematics and science education partnership
program at the Foundation and the mathematics and science
partnership program at the Department of Education practically
share the same name, the 2 programs are intended to be
complementary, not duplicative;
(2) the Foundation partnership programs are innovative, model
reform initiatives that move promising ideas in education from
research into practice to improve teacher quality, develop
challenging curricula, and increase student achievement in
mathematics and science, and Congress intends that the Foundation
peer-reviewed partnership programs found to be effective should be
put into wider practice by dissemination through the Department of
Education partnership programs; and
(3) the Director and the Secretary of Education should have
ongoing collaboration to ensure that the 2 components of this
priority effort for mathematics and science education continue to
work in concert for the benefit of States and local practitioners
nationwide.
SEC. 7005. CURRICULA.
Nothing in this title, or the amendments made by this title, shall
be construed to limit the authority of State governments or local
school boards to determine the curricula of their students.
SEC. 7006. CENTERS FOR RESEARCH ON LEARNING AND EDUCATION IMPROVEMENT.
(a) Funding for Centers.--The Director shall continue to carry out
the program of Centers for Research on Learning and Education
Improvement as established in section 11 of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-2).
(b) Eligibility for Centers.--Section 11 of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-2) is amended--
(1) in subsection (a)(1), by inserting ``or eligible nonprofit
organizations'' after ``institutions of higher education'';
(2) in subsection (b)(1), by inserting ``or an eligible
nonprofit organization'' after ``institution of higher education'';
and
(3) in subsection (b)(1), by striking ``of such institutions''
and inserting ``thereof''.
SEC. 7007. INTERDISCIPLINARY RESEARCH.
(a) In General.--The Board shall evaluate the role of the
Foundation in supporting interdisciplinary research, including through
the Major Research Instrumentation program, the effectiveness of the
Foundation's efforts in providing information to the scientific
community about opportunities for funding of interdisciplinary research
proposals, and the process through which interdisciplinary proposals
are selected for support. The Board shall also evaluate the
effectiveness of the Foundation's efforts to engage undergraduate
students in research experiences in interdisciplinary settings,
including through the Research in Undergraduate Institutions program
and the Research Experiences for Undergraduates program.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Board shall provide the results of its evaluation under
subsection (a), including a recommendation for the proportion of the
Foundation's research and related activities funding that should be
allocated for interdisciplinary research, to the Committee on Science
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on Health,
Education, Labor, and Pensions of the Senate.
SEC. 7008. POSTDOCTORAL RESEARCH FELLOWS.
(a) Mentoring.--The Director shall require that all grant
applications that include funding to support postdoctoral researchers
include a description of the mentoring activities that will be provided
for such individuals, and shall ensure that this part of the
application is evaluated under the Foundation's broader impacts merit
review criterion. Mentoring activities may include career counseling,
training in preparing grant applications, guidance on ways to improve
teaching skills, and training in research ethics.
(b) Reports.--The Director shall require that annual reports and
the final report for research grants that include funding to support
postdoctoral researchers include a description of the mentoring
activities provided to such researchers.
SEC. 7009. RESPONSIBLE CONDUCT OF RESEARCH.
The Director shall require that each institution that applies for
financial assistance from the Foundation for science and engineering
research or education describe in its grant proposal a plan to provide
appropriate training and oversight in the responsible and ethical
conduct of research to undergraduate students, graduate students, and
postdoctoral researchers participating in the proposed research
project.
SEC. 7010. REPORTING OF RESEARCH RESULTS.
The Director shall ensure that all final project reports and
citations of published research documents resulting from research
funded, in whole or in part, by the Foundation, are made available to
the public in a timely manner and in electronic form through the
Foundation's Web site.
SEC. 7011. SHARING RESEARCH RESULTS.
An investigator supported under a Foundation award, whom the
Director determines has failed to comply with the provisions of section
734 of the Foundation Grant Policy Manual, shall be ineligible for a
future award under any Foundation supported program or activity. The
Director may restore the eligibility of such an investigator on the
basis of the investigator's subsequent compliance with the provisions
of section 734 of the Foundation Grant Policy Manual and with such
other terms and conditions as the Director may impose.
SEC. 7012. FUNDING FOR SUCCESSFUL SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION PROGRAMS.
(a) Evaluation of Programs.--The Director shall, on an annual
basis, evaluate all of the Foundation's grants that are scheduled to
expire within 1 year and--
(1) that have the primary purpose of meeting the objectives of
the Science and Engineering Equal Opportunity Act (42 U.S.C. 1885
et seq.); or
(2) that have the primary purpose of providing teacher
professional development.
(b) Continuation of Funding.--For grants that are identified under
subsection (a) and that are determined by the Director to be successful
in meeting the objectives of the initial grant solicitation, the
Director may extend the duration of those grants for not more than 3
additional years beyond their scheduled expiration without the
requirement for a recompetition.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director shall
submit a report to the Committee on Science and Technology of the House
of Representatives and to the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor, and
Pensions of the Senate that--
(1) lists the grants that have been extended in duration by the
authority provided under this section; and
(2) provides any recommendations the Director may have
regarding the extension of the authority provided under this
section to programs other than those specified in subsection (a).
SEC. 7013. COST SHARING.
(a) In General.--The Board shall evaluate the impact of its policy
to eliminate cost sharing for research grants and cooperative
agreements for existing programs that were developed around industry
partnerships and historically required industry cost sharing, such as
the Engineering Research Centers and Industry/University Cooperative
Research Centers. The Board shall also consider the impact that the
cost sharing policy has on initiating new programs for which industry
interest and participation are sought.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Board shall report to the Committee on Science and
Technology and the Committee on Appropriations of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation, the Committee on Health, Education, Labor, and
Pensions, and the Committee on Appropriations of the Senate, on the
results of the evaluation under subsection (a).
SEC. 7014. ADDITIONAL REPORTS.
(a) Report on Funding for Major Facilities.--
(1) Preconstruction funding.--The Board shall evaluate the
appropriateness of the requirement that funding for detailed design
work and other preconstruction activities for major research
equipment and facilities come exclusively from the sponsoring
research division rather than being available, at least in part,
from the Major Research Equipment and Facilities Construction
account.
(2) Maintenance and operation costs.--The Board shall evaluate
the appropriateness of the Foundation's policies for allocation of
costs for, and oversight of, maintenance and operation of major
research equipment and facilities.
(3) Report.--Not later than 6 months after the date of
enactment of this Act, the Board shall report on the results of the
evaluations under paragraphs (1) and (2) and on any recommendations
for modifying the current policies related to allocation of funding
for major research equipment and facilities to the Committee on
Science and Technology and the Committee on Appropriations of the
House of Representatives, and to the Committee on Commerce,
Science, and Transportation, the Committee on Health, Education,
Labor, and Pensions, and the Committee on Appropriations of the
Senate.
(b) Inclusion of Polar Facilities Upgrades in Major Research
Equipment and Facilities Construction Plan.--Section 201(a)(2)(D) of
the National Science Foundation Authorization Act of 1998 (42 U.S.C.
1862l(a)(2)(D)) is amended by inserting ``and for major upgrades of
facilities in support of Antarctic research programs'' after
``facilities construction account''.
(c) Report on Education Programs Within the Research
Directorates.--Not later than 6 months after the date of enactment of
this Act, the Director shall transmit to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on Health,
Education, Labor, and Pensions of the Senate a report cataloging all
elementary school and secondary school, informal, and undergraduate
educational programs and activities supported through appropriations
for Research and Related Activities. The report shall display the
programs and activities by directorate, along with estimated funding
levels for the fiscal years 2006, 2007, and 2008, and shall provide a
description of the goals of each program and activity. The report shall
also describe how the programs and activities relate to or are
coordinated with the programs supported by the Education and Human
Resources Directorate.
(d) Report on Research in Undergraduate Institutions Program.--The
Director shall transmit to Congress, as part of the President's fiscal
year 2011 budget submission under section 1105 of title 31, United
States Code, a report listing the funding success rates and
distribution of awards for the Research in Undergraduate Institutions
program, by type of institution based on the highest academic degree
conferred by the institution, for fiscal years 2008, 2009, and 2010.
(e) Annual Plan for Allocation of Education and Human Resources
Funding.--
(1) In general.--Not later than 60 days after the date of
enactment of legislation providing for the annual appropriation of
funds for the Foundation, the Director shall submit to the
Committee on Science and Technology and the Committee on
Appropriations of the House of Representatives, and to the
Committee on Commerce, Science, and Transportation, the Committee
on Health, Education, Labor, and Pensions, and the Committee on
Appropriations of the Senate, a plan for the allocation of
education and human resources funds authorized by this title for
the corresponding fiscal year, including any funds from within the
research and related activities account used to support activities
that have the primary purpose of improving education or broadening
participation.
(2) Specific requirements.--The plan shall include a
description of how the allocation of funding--
(A) will affect the average size and duration of education
and human resources grants supported by the Foundation;
(B) will affect trends in research support for the
effective instruction of science, technology, engineering, and
mathematics;
(C) will affect the kindergarten through grade 20 pipeline
for the study of science, technology, engineering, and
mathematics; and
(D) will encourage the interest of individuals identified
in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b) in science,
technology, engineering, and mathematics, and help prepare such
individuals to pursue postsecondary studies in these fields.
SEC. 7015. ADMINISTRATIVE AMENDMENTS.
(a) Triannual Audit of the Office of the National Science Board.--
Section 15(a) of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-5) is amended--
(1) in paragraph (3), by striking ``an annual audit'' and
inserting ``an audit every three years'';
(2) in paragraph (4), by striking ``each year'' and inserting
``every third year''; and
(3) by inserting after paragraph (4) the following:
``(5) Materials relating to closed portions of meetings.--To
facilitate the audit required under paragraph (3) of this
subsection, the Office of the National Science Board shall maintain
the General Counsel's certificate, the presiding officer's
statement, and a transcript or recording of any closed meeting, for
at least 3 years after such meeting.''.
(b) Limited Term Personnel for the National Science Board.--
Subsection (g) of section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863(g)) is amended to read as follows:
``(g) The Board may, with the concurrence of a majority of its
members, permit the appointment of a staff consisting of not more than
5 professional staff members, technical and professional personnel on
leave of absence from academic, industrial, or research institutions
for a limited term, and such operations and support staff members as
may be necessary. Such staff shall be appointed by the Chairman and
assigned at the direction of the Board. The professional members and
limited term technical and professional personnel of such staff may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and the
provisions of chapter 51 of such title relating to classification, and
shall be compensated at a rate not exceeding the maximum rate payable
under section 5376 of such title, as may be necessary to provide for
the performance of such duties as may be prescribed by the Board in
connection with the exercise of its powers and functions under this
Act. Section 14(a)(3) shall apply to each limited term appointment of
technical and professional personnel under this subsection. Each
appointment under this subsection shall be subject to the same security
requirements as those required for personnel of the Foundation
appointed under section 14(a).''.
(c) Increase in Number of Waterman Awards to Three.--Section 6(c)
of the National Science Foundation Authorization Act, 1976 (42 U.S.C.
1881a) is amended to read as follows:
``(c) Not more than three awards may be made under this section in
any one fiscal year.''.
SEC. 7016. NATIONAL SCIENCE BOARD REPORTS.
Paragraphs (1) and (2) of section 4(j) of the National Science
Foundation Act of 1950 (42 U.S.C. 1863(j)(1) and (2)) are amended by
striking ``, for submission to'' and ``for submission to'',
respectively, and inserting ``and''.
SEC. 7017. PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 AMENDMENT.
Section 3801(a)(1) of title 31, United States Code (commonly known
as the ``Program Fraud Civil Remedies Act of 1986'') is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(E) the National Science Foundation.''.
SEC. 7018. MEETING CRITICAL NATIONAL SCIENCE NEEDS.
(a) In General.--In addition to any other criteria, the Director
shall include consideration of the degree to which awards and research
activities that otherwise qualify for support by the Foundation may
assist in meeting critical national needs in innovation,
competitiveness, safety and security, the physical and natural
sciences, technology, engineering, social sciences, and mathematics.
(b) Priority Treatment.--The Director shall give priority in the
selection of awards and the allocation of Foundation resources to
proposed research activities, and grants funded under the Foundation's
Research and Related Activities Account, that can be expected to make
contributions in physical or natural science, technology, engineering,
social sciences, or mathematics, or that enhance competitiveness,
innovation, or safety and security in the United States.
(c) Limitation.--Nothing in this section shall be construed to
restrict or bias the grant selection process against funding other
areas of research deemed by the Foundation to be consistent with its
mandate nor to change the core mission of the Foundation.
SEC. 7019. RESEARCH ON INNOVATION AND INVENTIVENESS.
In carrying out its research programs on science policy and on the
science of learning, the Foundation may support research on the process
of innovation and the teaching of inventiveness.
SEC. 7020. CYBERINFRASTRUCTURE.
In order to continue and expand efforts to ensure that research
institutions throughout the Nation can fully participate in research
programs of the Foundation and collaborate with colleagues throughout
the Nation, the Director, not later than 180 days after the date of
enactment of this Act, shall develop and publish a plan that--
(1) describes the current status of broadband access for
scientific research purposes at institutions in EPSCoR-eligible
States, at institutions in rural areas, and at minority serving
institutions; and
(2) outlines actions that can be taken to ensure that such
connections are available to enable participation in those
Foundation programs that rely heavily on high-speed networking and
collaborations across institutions and regions.
SEC. 7021. PILOT PROGRAM OF GRANTS FOR NEW INVESTIGATORS.
(a) In General.--The Director shall carry out a pilot program to
award 1-year grants to individuals to assist them in improving research
proposals that were previously submitted to the Foundation but not
selected for funding.
(b) Eligibility.--To be eligible to receive a grant under this
section, an individual--
(1) may not have previously received funding as the principal
investigator of a research grant from the Foundation; and
(2) shall have submitted a proposal to the Foundation, which
may include a proposal submitted to the Research in Undergraduate
Institutions program, that was rated excellent under the
Foundation's competitive merit review process.
(c) Selection Process.--The Director shall make awards under this
section based on the advice of the program officers of the Foundation.
(d) Use of Funds.--Grants awarded under this section shall be used
to enable an individual to resubmit an updated research proposal for
review by the Foundation through the agency's competitive merit review
process. Uses of funds made available under this section may include
the generation of new data and the performance of additional analysis.
(e) Program Administration.--The Director shall carry out this
section through the Small Grants for Exploratory Research program.
(f) National Science Board Review.--The Board shall conduct a
review and assessment of the pilot program under this section,
including the number of new investigators funded, the distribution of
awards by type of institution of higher education, and the success rate
upon resubmittal of proposals by new investigators funded through such
pilot program. Not later than 3 years after the date of enactment of
this Act, the Board shall summarize its findings and any
recommendations regarding changes to, the termination of, or the
continuation of the pilot program in a report to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on
Health, Education, Labor, and Pensions of the Senate.
SEC. 7022. BROADER IMPACTS MERIT REVIEW CRITERION.
(a) In General.--Among the types of activities that the Foundation
shall consider as appropriate for meeting the requirements of its
broader impacts criterion for the evaluation of research proposals are
partnerships between academic researchers and industrial scientists and
engineers that address research areas identified as having high
importance for future national economic competitiveness, such as
nanotechnology.
(b) Report on Broader Impacts Criterion.--Not later than 1 year
after the date of enactment of this Act, the Director shall transmit to
Congress a report on the impact of the broader impacts grant criterion
used by the Foundation. The report shall--
(1) identify the criteria that each division and directorate of
the Foundation uses to evaluate the broader impacts aspects of
research proposals;
(2) provide a breakdown of the types of activities by division
that awardees have proposed to carry out to meet the broader
impacts criterion;
(3) provide any evaluations performed by the Foundation to
assess the degree to which the broader impacts aspects of research
proposals were carried out and how effective they have been at
meeting the goals described in the research proposals;
(4) describe what national goals, such as improving
undergraduate science, technology, engineering, and mathematics
education, improving kindergarten through grade 12 science and
mathematics education, promoting university-industry collaboration,
and broadening participation of underrepresented groups, the
broader impacts criterion is best suited to promote; and
(5) describe what steps the Foundation is taking and should
take to use the broader impacts criterion to improve undergraduate
science, technology, engineering, and mathematics education.
SEC. 7023. DONATIONS.
Section 11(f) of the National Science Foundation Act of 1950 (42
U.S.C. 1870(f)) is amended by inserting before the semicolon ``, except
that funds may be donated for specific prize competitions for `basic
research' as defined in the Office of Management and Budget Circular
No. A-11''.
SEC. 7024. HIGH-PERFORMANCE COMPUTING AND NETWORKING.
(a) High-Performance Computing Act of 1991.--
(1) Amendments.--Title I of the High-Performance Computing Act
of 1991 (15 U.S.C. 5511 et seq.) is amended--
(A) in the title heading, by striking ``AND THE NATIONAL
RESEARCH AND EDUCATION NETWORK'' and inserting ``RESEARCH AND
DEVELOPMENT'';
(B) in section 101(a) (15 U.S.C. 5511(a))--
(i) by striking subparagraphs (A) and (B) of paragraph
(1) and inserting the following:
``(A) provide for long-term basic and applied research on high-
performance computing, including networking;
``(B) provide for research and development on, and
demonstration of, technologies to advance the capacity and
capabilities of high-performance computing and networking systems,
and related software;
``(C) provide for sustained access by the research community
throughout the United States to high-performance computing and
networking systems that are among the most advanced in the world in
terms of performance in solving scientific and engineering
problems, including provision for technical support for users of
such systems;
``(D) provide for widely dispersed efforts to increase software
availability, productivity, capability, security, portability, and
reliability;
``(E) provide for high-performance networks, including
experimental testbed networks, to enable research and development
on, and demonstration of, advanced applications enabled by such
networks;
``(F) provide for computational science and engineering
research on mathematical modeling and algorithms for applications
in all fields of science and engineering;
``(G) provide for the technical support of, and research and
development on, high-performance computing systems and software
required to address Grand Challenges;
``(H) provide for educating and training additional
undergraduate and graduate students in software engineering,
computer science, computer and network security, applied
mathematics, library and information science, and computational
science; and
``(I) provide for improving the security of computing and
networking systems, including Federal systems, including providing
for research required to establish security standards and practices
for these systems.'';
(ii) by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively;
(iii) in paragraph (2), as redesignated by clause
(ii)--
(I) by striking subparagraph (B);
(II) by redesignating subparagraphs (A) and (C) as
subparagraphs (D) and (F), respectively;
(III) by inserting before subparagraph (D), as
redesignated by subclause (II), the following:
``(A) establish the goals and priorities for Federal high-
performance computing research, development, networking, and other
activities;
``(B) establish Program Component Areas that implement the
goals established under subparagraph (A), and identify the Grand
Challenges that the Program should address;
``(C) provide for interagency coordination of Federal high-
performance computing research, development, networking, and other
activities undertaken pursuant to the Program;''; and
(IV) by inserting after subparagraph (D), as
redesignated by subclause (II) of this clause, the
following:
``(E) develop and maintain a research, development, and
deployment roadmap covering all States and regions for the
provision of high-performance computing and networking systems
under paragraph (1)(C); and''; and
(iv) in paragraph (3), as so redesignated by clause
(ii) of this subparagraph--
(I) by striking ``paragraph (3)(A)'' and inserting
``paragraph (2)(D)'';
(II) by amending subparagraph (A) to read as
follows:
``(A) provide a detailed description of the Program Component
Areas, including a description of any changes in the definition of
or activities under the Program Component Areas from the preceding
report, and the reasons for such changes, and a description of
Grand Challenges addressed under the Program;'';
(III) in subparagraph (C), by striking ``specific
activities'' and all that follows through ``the
Network'' and inserting ``each Program Component
Area'';
(IV) in subparagraph (D), by inserting ``, and for
each Program Component Area,'' after ``participating in
the Program'';
(V) in subparagraph (D), by striking ``applies;''
and inserting ``applies; and'';
(VI) by striking subparagraph (E) and redesignating
subparagraph (F) as subparagraph (E); and
(VII) in subparagraph (E), as redesignated by
subclause (VI), by inserting ``and the extent to which
the Program incorporates the recommendations of the
advisory committee established under subsection (b)''
after ``for the Program'';
(C) by striking subsection (b) of section 101 (15 U.S.C.
5511) and inserting the following:
``(b) Advisory Committee.--(1) The President shall establish an
advisory committee on high-performance computing, consisting of
geographically dispersed non-Federal members, including representatives
of the research, education, and library communities, network and
related software providers, and industry representatives in the Program
Component Areas, who are specially qualified to provide the Director
with advice and information on high-performance computing. The
recommendations of the advisory committee shall be considered in
reviewing and revising the Program. The advisory committee shall
provide the Director with an independent assessment of--
``(A) progress made in implementing the Program;
``(B) the need to revise the Program;
``(C) the balance between the components of the Program,
including funding levels for the Program Component Areas;
``(D) whether the research and development undertaken pursuant
to the Program is helping to maintain United States leadership in
high-performance computing, networking technology, and related
software; and
``(E) other issues identified by the Director.
``(2) In addition to the duties outlined in paragraph (1), the
advisory committee shall conduct periodic evaluations of the funding,
management, coordination, implementation, and activities of the
Program. The advisory committee shall report not less frequently than
once every 2 fiscal years to the Committee on Science and Technology of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on its findings and recommendations.
The first report shall be due within 1 year after the date of enactment
of the America COMPETES Act.
``(3) Section 14 of the Federal Advisory Committee Act shall not
apply to the advisory committee established under this subsection.'';
and
(D) in section 101(c) (15 U.S.C. 5511(c))--
(i) in paragraph (1)(A), by striking ``Program or'' and
inserting ``Program Component Areas or''; and
(ii) in paragraph (2), by striking ``subsection
(a)(3)(A)'' and inserting ``subsection (a)(2)(D)''.
(2) Definitions.--Section 4 of the High-Performance Computing
Act of 1991 (15 U.S.C. 5503) is amended--
(A) in paragraph (2), by inserting ``and multidisciplinary
teams of researchers'' after ``high-performance computing
resources'';
(B) in paragraph (3)--
(i) by striking ``scientific workstations,'';
(ii) by striking ``(including vector supercomputers and
large scale parallel systems)'';
(iii) by striking ``and applications'' and inserting
``applications''; and
(iv) by inserting ``, and the management of large data
sets'' after ``systems software'';
(C) in paragraph (4), by striking ``packet switched'';
(D) by striking ``and'' at the end of paragraph (5);
(E) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(F) by adding at the end the following:
``(7) `Program Component Areas' means the major subject areas
under which related individual projects and activities carried out
under the Program are grouped.''.
(3) Conforming amendment.--Section 1(26) of the Act entitled
``An Act to prevent the elimination of certain reports'', approved
November 28, 2001 (31 U.S.C. 3113 note) is amended--
(A) by striking ``101(a)(3)'' and inserting ``101(a)(2)'';
and
(B) by striking ``(15 U.S.C. 5511(a)(3))'' and inserting
``(15 U.S.C. 5511(a)(2))''.
(b) Advanced Information and Communications Technology Research.--
(1) In general.--As part of the Program described in title I of
the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et
seq.), the Foundation shall support basic research related to
advanced information and communications technologies that will
contribute to enhancing or facilitating the availability and
affordability of advanced communications services for all people of
the United States. Areas of research to be supported may include
research on--
(A) affordable broadband access, including wireless
technologies;
(B) network security and reliability;
(C) communications interoperability;
(D) networking protocols and architectures, including
resilience to outages or attacks;
(E) trusted software;
(F) privacy;
(G) nanoelectronics for communications applications;
(H) low-power communications electronics;
(I) implementation of equitable access to national advanced
fiber optic research and educational networks in noncontiguous
States; and
(J) such other related areas as the Director finds
appropriate.
(2) Centers.--The Director shall award multiyear grants,
subject to the availability of appropriations and on a merit-
reviewed competitive basis, to institutions of higher education,
nonprofit research institutions affiliated with institutions of
higher education, or consortia of either type of institution to
establish multidisciplinary Centers for Communications Research.
The purpose of the Centers shall be to generate innovative
approaches to problems in information and communications technology
research, including the research areas described in paragraph (1).
Institutions of higher education, nonprofit research institutions
affiliated with institutions of higher education, or consortia
receiving such grants may partner with 1 or more government
laboratories, for-profit entities, or other institutions of higher
education or nonprofit research institutions.
(3) Funding allocation.--The Director shall increase funding
for the basic research activities described in paragraph (1), which
shall include support for the Centers described in paragraph (2),
in proportion to the increase in the total amount appropriated to
the Foundation for research and related activities for the fiscal
years 2008 through 2010.
(4) Report to congress.--The Director shall transmit to
Congress, as part of the President's annual budget submission under
section 1105 of title 31, United States Code, a report on the
amounts allocated for support of research under this subsection for
the fiscal year during which such report is submitted and the
levels proposed for the fiscal year with respect to which the
budget submission applies.
SEC. 7025. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS TALENT
EXPANSION PROGRAM.
(a) Amendments.--Section 8(7) of the National Science Foundation
Authorization Act of 2002 is amended--
(1) in subparagraph (A), by striking ``competitive, merit-
based'' and all that follows through ``in recent years.'' and
inserting ``competitive, merit-based multiyear grants for eligible
applicants to improve undergraduate education in science,
technology, engineering, and mathematics through--
``(i) the creation of programs to increase the number of
students studying toward and completing associate's or
bachelor's degrees in science, technology, engineering, and
mathematics, particularly in fields that have faced declining
enrollment in recent years; and
``(ii) the creation of not more than 5 centers (in this
paragraph referred to as `Centers') to increase the number of
students completing undergraduate courses in science,
technology, engineering, and mathematics, including the number
of nonmajors, and to improve student academic achievement in
those courses, by developing--
``(I) undergraduate educational material, including
curricula and courses of study;
``(II) teaching methods for undergraduate courses; and
``(III) methods to improve the professional development
of professors and teaching assistants who teach
undergraduate courses.
Grants made under clause (ii) shall be awarded jointly through the
Education and Human Resources Directorate and at least 1 research
directorate of the Foundation.'';
(2) by amending subparagraph (B) to read as follows:
``(B) In selecting projects under subparagraph (A)(i), the
Director shall strive to increase the number of students studying
toward and completing associate's or bachelor's degrees,
concentrations, or certificates in science, technology,
engineering, or mathematics by giving priority to programs that
heavily recruit individuals who are--
``(i) individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b); or
``(ii) graduates of a public secondary school that--
``(I) is among the highest 25 percent of schools served
by the local educational agency that serves the school, in
terms of the percentage of students from families with
incomes below the poverty line, as defined in section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)), applicable to a family of the size involved; or
``(II) is designated with a school locale code of 41,
42, or 43, as determined by the Secretary of Education.'';
(3) by striking subparagraph (C) and inserting the following:
``(C)(i) The types of projects the Foundation may support under
subparagraph (A)(i) include those programs that--
``(I) promote high quality--
``(aa) interdisciplinary teaching;
``(bb) undergraduate-conducted research;
``(cc) mentor relationships for students, especially
underrepresented minority and female science, technology,
engineering, and mathematics students;
``(dd) bridge programs that enable students at
community colleges to matriculate directly into
baccalaureate science, technology, engineering, or
mathematics programs;
``(ee) internships carried out in partnership with
industry;
``(ff) innovative uses of digital technologies,
particularly at institutions of higher education that serve
high numbers or percentages of economically disadvantaged
students; and
``(gg) bridge programs that enable underrepresented
minority and female secondary school students to obtain
extra science, technology, engineering, and mathematics
instruction prior to entering an institution of higher
education;
``(II) finance summer internships for science, technology,
engineering, and mathematics undergraduate students; and
``(III) conduct outreach programs that provide secondary
school students and their science, technology, engineering, and
mathematics teachers opportunities to increase the students'
and teachers' exposure to engineering and technology.
``(ii) The types of activities the Foundation may support under
subparagraph (A)(ii) include--
``(I) creating model curricula and laboratory programs;
``(II) developing and demonstrating research-based
instructional methods and technologies;
``(III) developing methods to train graduate students and
faculty to be more effective teachers of undergraduates;
``(IV) conducting programs to disseminate curricula,
instructional methods, or training methods to faculty at the
grantee institutions and at other institutions;
``(V) conducting assessments of the effectiveness of the
Center at accomplishing the goals described in subparagraph
(A)(ii); and
``(VI) conducting any other activities the Director
determines will accomplish the goals described in subparagraph
(A)(ii).'';
(4) in subparagraph (D)(i), by striking ``under this
paragraph'' and inserting ``under subparagraph (A)(i)'';
(5) in subparagraph (D)(ii), by striking ``under this
paragraph'' and inserting ``under subparagraph (A)(i)'';
(6) after subparagraph (D)(iii), by adding at the end the
following:
``(iv) A grant under subparagraph (A)(ii) shall be awarded for
up to 5 years.'';
(7) in subparagraph (E), by striking ``under this paragraph''
both places it appears and inserting ``under subparagraph (A)(i)'';
(8) by redesignating subparagraph (F) as subparagraph (J); and
(9) by inserting after subparagraph (E) the following:
``(F) Grants awarded under subparagraph (A)(ii) shall be
carried out by a department or departments of science, technology,
engineering, or mathematics at institutions of higher education (or
a consortia thereof), which may partner with the department,
college, or school of education at the institution. Applications
for awards under subparagraph (A)(ii) shall be submitted to the
Director at such time, in such manner, and containing such
information as the Director may require. At a minimum, the
application shall include--
``(i) a description of the activities to be carried out by
the Center;
``(ii) a plan for disseminating programs related to the
activities carried out by the Center to faculty at the grantee
institution and at other institutions;
``(iii) an estimate of the number of faculty, graduate
students (if any), and undergraduate students who will be
affected by the activities carried out by the Center; and
``(iv) a plan for assessing the effectiveness of the Center
at accomplishing the goals described in subparagraph (A)(ii).
``(G) In evaluating the applications submitted under
subparagraph (F), the Director shall consider, at a minimum--
``(i) the ability of the applicant to effectively carry out
the proposed activities, including the dissemination activities
described in subparagraph (C)(ii)(IV); and
``(ii) the extent to which the faculty, staff, and
administrators of the applicant institution are committed to
improving undergraduate science, technology, engineering, and
mathematics education.
``(H) In awarding grants under subparagraph (A)(ii), the
Director shall ensure that a wide variety of science, technology,
engineering, and mathematics fields and types of institutions of
higher education, including 2-year colleges and minority-serving
institutions, are covered, and that--
``(i) at least 1 Center is housed at a Doctoral/Research
University as defined by the Carnegie Foundation for the
Advancement of Teaching; and
``(ii) at least 1 Center is focused on improving
undergraduate education in an interdisciplinary area.
``(I) The Director shall convene an annual meeting of the
awardees under this paragraph to foster collaboration and to
disseminate the results of the Centers and the other activities
funded under this paragraph.''.
(b) Report on Data Collection.--Not later than 180 days after the
date of enactment of this Act, the Director shall transmit to Congress
a report on how the Director is determining whether current grant
recipients in the Science, Technology, Engineering, and Mathematics
Talent Expansion Program are making satisfactory progress as required
by section 8(7)(D)(ii) of the National Science Foundation Authorization
Act of 2002 and what funding actions have been taken as a result of the
Director's determinations.
SEC. 7026. LABORATORY SCIENCE PILOT PROGRAM.
(a) Findings.--Congress finds the following:
(1) To remain competitive in science and technology in the
global economy, the United States must increase the number of
students graduating from high school prepared to pursue
postsecondary education in science, technology, engineering, and
mathematics.
(2) There is broad agreement in the scientific community that
learning science requires direct involvement by students in
scientific inquiry and that laboratory experience is so integral to
the nature of science that it must be included in every science
program for every science student.
(3) In America's Lab Report, the National Research Council
concluded that the current quality of laboratory experiences is
poor for most students and that educators and researchers do not
agree on how to define high school science laboratories or on their
purpose, hampering the accumulation of research on how to improve
laboratories.
(4) The National Research Council found that schools with
higher concentrations of non-Asian minorities and schools with
higher concentrations of poor students are less likely to have
adequate laboratory facilities than other schools.
(5) The Government Accountability Office reported that 49.1
percent of schools where the minority student population is greater
than 50.5 percent reported not meeting functional requirements for
laboratory science well or at all.
(6) 40 percent of those college students who left the science
fields reported some problems related to high school science
preparation, including lack of laboratory experience and no
introduction to theoretical or to analytical modes of thought.
(7) It is in the national interest for the Federal Government
to invest in research and demonstration projects to improve the
teaching of laboratory science in the Nation's high schools.
(b) Grant Program.--Section 8(8) of the National Science Foundation
Authorization Act of 2002 is amended--
(1) by redesignating subparagraphs (A) through (F) as clauses
(i) through (vi), respectively;
(2) by inserting ``(A)'' before ``A program of competitive'';
and
(3) by adding at the end the following:
``(B) In accordance with subparagraph (A)(v), the Director
shall establish a research pilot program designated as
`Partnerships for Access to Laboratory Science' to award grants to
partnerships to improve laboratories and provide instrumentation as
part of a comprehensive program to enhance the quality of science,
technology, engineering, and mathematics instruction at the
secondary school level. Grants under this subparagraph may be used
for--
``(i) professional development and training for teachers
aligned with activities supported under section 2123 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6623);
``(ii) purchase, rental, or leasing of equipment,
instrumentation, and other scientific educational materials;
``(iii) development of instructional programs designed to
integrate the laboratory experience with classroom instruction
and to be consistent with State mathematics and science and, to
the extent applicable, technology and engineering, academic
achievement standards;
``(iv) training in laboratory safety for school personnel;
``(v) design and implementation of hands-on laboratory
experiences to encourage the interest of individuals identified
in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b) in science,
technology, engineering, and mathematics and help prepare such
individuals to pursue postsecondary studies in these fields;
and
``(vi) assessment of the activities funded under this
subparagraph.
``(C) Grants may be made under subparagraph (B) only to a
partnership--
``(i) for a project that includes significant teacher
preparation and professional development components; or
``(ii) that establishes that appropriate teacher
preparation and professional development is being addressed, or
has been addressed, through other means.
``(D) Grants awarded under subparagraph (B) shall be to a
partnership that--
``(i) includes a 2-year or 4-year degree granting
institution of higher education;
``(ii) includes a high need local educational agency (as
defined in section 201 of the Higher Education Act of 1965);
``(iii) includes a business or eligible nonprofit
organization; and
``(iv) may include a State educational agency, other public
agency, National Laboratory, or community-based organization.
``(E) The Federal share of the cost of activities carried out
using amounts from a grant under subparagraph (B) shall not exceed
40 percent.
``(F) The Director shall require grant recipients under
subparagraph (B) to submit a report to the Director on the results
of the project supported by the grant.''.
(c) Report.--The Director shall evaluate the effectiveness of
activities carried out under the research pilot projects funded by the
grant program established pursuant to the amendment made by subsection
(b) in improving student achievement in science, technology,
engineering, and mathematics. A report documenting the results of that
evaluation shall be submitted to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on Health,
Education, Labor, and Pensions of the Senate not later than 5 years
after the date of enactment of this Act. The report shall identify best
practices and materials developed and demonstrated by grant awardees.
(d) Sunset.--The provisions of this section shall cease to have
force or effect on the last day of fiscal year 2010.
(e) Authorization of Appropriations.--From the amounts authorized
under subsections (a)(2)(B), (b)(2)(B), and (c)(2)(B) of section 7002,
there are authorized to be appropriated to carry out this section and
the amendments made by this section $5,000,000 for fiscal year 2008,
and such sums as may be necessary for each of the 2 succeeding fiscal
years.
SEC. 7027. STUDY ON LABORATORY EQUIPMENT DONATIONS FOR SCHOOLS.
Not later than 2 years after the date of enactment of this Act, the
Director shall transmit a report to Congress examining the extent to
which institutions of higher education and entities in the private
sector are donating used laboratory equipment to elementary schools and
secondary schools. The Director, in consultation with the Secretary of
Education, shall survey institutions of higher education and entities
in the private sector to determine--
(1) how often, how much, and what type of equipment is donated;
(2) what criteria or guidelines the institutions and entities
are using to determine what types of equipment can be donated, what
condition the equipment should be in, and which schools receive the
equipment;
(3) whether the institutions and entities provide any support
to, or follow-up with the schools; and
(4) how appropriate donations can be encouraged.
SEC. 7028. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS AMENDMENTS.
Section 9 of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n) is amended--
(1) in subsection (a)(2)(A), by striking ``a State educational
agency'' and inserting ``the department, college, or program of
education at an institution of higher education, a State
educational agency,'';
(2) by striking subparagraph (B) of subsection (a)(3) and
inserting the following:
``(B) offering professional development programs,
including--
``(i) teacher institutes for the 21st century, as
described in paragraph (10); and
``(ii) academic year institutes or workshops that--
``(I) are designed to strengthen the capabilities
of mathematics and science teachers; and
``(II) may include professional development
activities to prepare mathematics and science teachers
to teach challenging mathematics, science, and
technology college-preparatory courses;'';
(3) in subsection (a)(3)(C)--
(A) by inserting ``and laboratory experiences'' after
``technology''; and
(B) by inserting ``and laboratory'' after ``provide
technical'';
(4) in subsection (a)(3)(I), by inserting ``including the use
of induction programs, as defined in section 6113(h) of the America
COMPETES Act, for teachers in their first 2 years of teaching,''
after ``and science,'';
(5) by striking subparagraph (K) of section (a)(3) and
inserting the following:
``(K) developing science, technology, engineering, and
mathematics educational programs and materials and conducting
science, technology, engineering, and mathematics enrichment
programs for students, including after-school programs and
summer programs, with an emphasis on including and serving
students described in subsection (b)(2)(G);'';
(6) in subsection (a), by adding at the end the following:
``(8) Mentors for teachers and students of challenging
courses.--Partnerships carrying out activities to prepare
mathematics and science teachers to teach challenging mathematics,
science, and technology college-preparatory courses in accordance
with paragraph (3)(B) shall encourage companies employing
scientists, technologists, engineers, or mathematicians to provide
mentors to teachers and students and provide for the coordination
of such mentoring activities.
``(9) Innovation.--Activities carried out in accordance with
paragraph (3)(H) may include the development and dissemination of
curriculum tools that will help foster inventiveness and
innovation.'';
(7) in subsection (b)(2)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
``(E) the extent to which the evaluation described in
paragraph (1)(E) will be independent and based on objective
measures;'';
(8) by striking paragraph (2) of subsection (c) and inserting
the following:
``(2) Report on evaluations.--Not later than 4 years after the
date of enactment of the America COMPETES Act, the Director shall
transmit a report summarizing the evaluations required under
subsection (b)(1)(E) of grants received under this program and
describing any changes to the program recommended as a result of
these evaluations to the Committee on Science and Technology and
the Committee on Education and Labor of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor, and
Pensions of the Senate. Such report shall be made widely available
to the public.''; and
(9) by adding at the end the following:
``(d) Definitions.--In this section--
``(1) the term `mathematics and science teacher' means a
science, technology, engineering, or mathematics teacher at the
elementary school or secondary school level; and
``(2) the term `science', in the context of elementary and
secondary education, includes technology and pre-engineering.''.
SEC. 7029. NATIONAL SCIENCE FOUNDATION TEACHER INSTITUTES FOR THE 21ST
CENTURY.
Section 9(a) of the National Science Foundation Authorization Act
of 2002 (as amended by section 7028) (42 U.S.C. 1862n(a)) is further
amended by adding at the end the following:
``(10) Teacher institutes for the 21st century.--
``(A) In general.--Teacher institutes for the 21st century
carried out in accordance with paragraph (3)(B) shall--
``(i) be carried out in conjunction with a school
served by the local educational agency in the partnership;
``(ii) be science, technology, engineering, and
mathematics focused institutes that provide professional
development to elementary school and secondary school
teachers;
``(iii) serve teachers who--
``(I) are considered highly qualified (as defined
in section 9101 of the Elementary and Secondary
Education Act of 1965);
``(II) teach high-need subjects in science,
technology, engineering, or mathematics; and
``(III) teach in high-need schools (as described in
section 1114(a)(1) of the Elementary and Secondary
Education Act of 1965);
``(iv) focus on the priorities developed by the
Director in consultation with a broad group of relevant
educational organizations;
``(v) be content-based and build on school year
curricula that are experiment-oriented, content-based, and
grounded in current research;
``(vi) ensure that the pedagogy component is designed
around specific strategies that are relevant to teaching
the subject and content on which teachers are being
trained, which may include training teachers in the
essential components of reading instruction for adolescents
in order to improve student reading skills within the
subject areas of science, technology, engineering, and
mathematics;
``(vii) be a multiyear program that is conducted for a
period of not less than 2 weeks per year;
``(viii) provide for direct interaction between
participants in and faculty of the teacher institute;
``(ix) have a component that includes the use of the
Internet;
``(x) provide for followup training in the classroom
during the academic year for a period of not less than 3
days, which may or may not be consecutive, for participants
in the teacher institute, except that for teachers in rural
local educational agencies, the followup training may be
provided through the Internet;
``(xi) provide teachers participating in the teacher
institute with travel expense reimbursement and classroom
materials related to the teacher institute, and may include
providing stipends as necessary; and
``(xii) establish a mechanism to provide supplemental
support during the academic year for teacher institute
participants to apply the knowledge and skills gained at
the teacher institute.
``(B) Optional members of the partnership.--In addition to
the partnership requirement under paragraph (2), an institution
of higher education or eligible nonprofit organization (or
consortium) desiring a grant for a teacher institute for the
21st century may also partner with a teacher organization,
museum, or educational partnership organization.''.
SEC. 7030. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.
Section 10 of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-1) is amended to read as follows:
``SEC. 10. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.
``(a) Scholarship Program.--
``(1) In general.--The Director shall carry out a program to
award grants to eligible entities to recruit and train mathematics
and science teachers and to provide scholarships and stipends to
individuals participating in the program. Such program shall be
known as the `Robert Noyce Teacher Scholarship Program'.
``(2) Merit review.--Grants shall be provided under this
section on a competitive, merit-reviewed basis.
``(3) Use of grants.--A grant provided under this section shall
be used by the eligible entity--
``(A) to develop and implement a program to recruit and
prepare undergraduate students majoring in science, technology,
engineering, and mathematics at the eligible entity (and
participating institutions of higher education of the
consortium, if applicable) to become qualified as mathematics
and science teachers, through--
``(i) administering scholarships in accordance with
subsection (c);
``(ii) offering academic courses and early clinical
teaching experiences designed to prepare students
participating in the program to teach in elementary schools
and secondary schools, including such preparation as is
necessary to meet requirements for teacher certification or
licensing;
``(iii) offering programs to students participating in
the program, both before and after the students receive
their baccalaureate degree, to enable the students to
become better mathematics and science teachers, to fulfill
the service requirements of this section, and to exchange
ideas with others in the students' fields; and
``(iv) providing summer internships for freshman and
sophomore students participating in the program; or
``(B) to develop and implement a program to recruit and
prepare science, technology, engineering, or mathematics
professionals to become qualified as mathematics and science
teachers, through--
``(i) administering stipends in accordance with
subsection (d);
``(ii) offering academic courses and clinical teaching
experiences designed to prepare stipend recipients to teach
in elementary schools and secondary schools served by a
high need local educational agency, including such
preparation as is necessary to meet requirements for
teacher certification or licensing; and
``(iii) offering programs to stipend recipients, both
during and after matriculation in the program for which the
stipend is received, to enable recipients to become better
mathematics and science teachers, to fulfill the service
requirements of this section, and to exchange ideas with
others in the students' fields.
``(4) Eligibility requirement.--
``(A) In general.--To be eligible to receive a grant under
this section, an eligible entity shall ensure that specific
faculty members and staff from the science, technology,
engineering, and mathematics departments and specific education
faculty of the eligible entity (and participating institutions
of higher education of the consortium, if applicable) are
designated to carry out the development and implementation of
the program.
``(B) Inclusion of master teachers.--An eligible entity
(and participating institutions of higher education of the
consortium, if applicable) receiving a grant under this section
may also include master teachers in the development of the
pedagogical content of the program and in the supervision of
students participating in the program in their clinical
teaching experiences.
``(C) Active participants.--No eligible entity (or
participating institution of higher education of the
consortium, if applicable) shall be eligible for a grant under
this section unless faculty from the science, technology,
engineering, and mathematics departments of the eligible entity
(and participating institutions of higher education of the
consortium, if applicable) are active participants in the
program.
``(5) Awards.--In awarding grants under this section, the
Director shall ensure that the eligible entities (and participating
institutions of higher education of the consortia, if applicable)
represent a variety of types of institutions of higher education.
In support of this goal, the Director shall broadly disseminate
information about when and how to apply for grants under this
section, including by conducting outreach to--
``(A) historically Black colleges and universities that are
part B institutions, as defined in section 322(2) of the Higher
Education Act of 1965 (20 U.S.C. 1061(2)); and
``(B) minority institutions, as defined in section 365(3)
of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)).
``(6) Supplement not supplant.--Grant funds provided under this
section shall be used to supplement, and not supplant, other
Federal or State funds available for the type of activities
supported by the grant.
``(b) Selection Process.--
``(1) Application.--An eligible entity seeking funding 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. The application shall include, at a minimum--
``(A) in the case of an applicant that is submitting an
application on behalf of a consortium of institutions of higher
education, a description of the participating institutions of
higher education and the roles and responsibilities of each
such institution;
``(B) a description of the program that the applicant
intends to operate, including the number of scholarships and
summer internships or the size and number of stipends the
applicant intends to award, the type of activities proposed for
the recruitment of students to the program, and the selection
process that will be used in awarding the scholarships or
stipends;
``(C) evidence that the applicant has the capability to
administer the program in accordance with the provisions of
this section, which may include a description of any existing
programs at the applicant eligible entity (and participating
institutions of higher education of the consortium, if
applicable) that are targeted to the education of mathematics
and science teachers and the number of teachers graduated
annually from such programs;
``(D) a description of the academic courses and clinical
teaching experiences required under subparagraphs (A)(ii) and
(B)(ii) of subsection (a)(3), as applicable, including--
``(i) a description of the undergraduate program that
will enable a student to graduate within 5 years with a
major in science, technology, engineering, or mathematics
and to obtain teacher certification or licensing;
``(ii) a description of the clinical teaching
experiences proposed; and
``(iii) evidence of agreements between the applicant
and the schools or local educational agencies that are
identified as the locations at which clinical teaching
experiences will occur;
``(E) a description of the programs required under
subparagraphs (A)(iii) and (B)(iii) of subsection (a)(3),
including activities to assist new teachers in fulfilling the
teachers' service requirements under this section;
``(F) an identification of the applicant eligible entity's
science, technology, engineering, and mathematics faculty and
its education faculty (and such faculty of participating
institutions of higher education of the consortium, if
applicable) who will carry out the development and
implementation of the program as required under subsection
(a)(4); and
``(G) a description of the process the applicant will use
to fulfill the requirements of subsection (f).
``(2) Review of applications.--In evaluating the applications
submitted under paragraph (1), the Director shall consider, at a
minimum--
``(A) the ability of the applicant (and the participating
institutions of higher education of the consortium, if
applicable) to effectively carry out the program;
``(B) the extent to which the applicant's science,
technology, engineering, and mathematics faculty and its
education faculty (and such faculty of participating
institutions of higher education of the consortium, if
applicable) have worked or will work collaboratively to design
new or revised curricula that recognize the specialized
pedagogy required to teach science, technology, engineering,
and mathematics effectively in elementary schools and secondary
schools;
``(C) the extent to which the applicant (and the
participating institutions of higher education of the
consortium, if applicable) is committed to making the program a
central organizational focus;
``(D) the degree to which the proposed programming will
enable scholarship or stipend recipients to become successful
mathematics and science teachers;
``(E) the number and academic qualifications of the
students who will be served by the program; and
``(F) the ability of the applicant (and the participating
institutions of higher education of the consortium, if
applicable) to recruit students who would otherwise not pursue
a career in teaching in elementary schools or secondary schools
and students who are individuals identified in section 33 or 34
of the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b).
``(c) Scholarship Requirements.--
``(1) In general.--Scholarships under this section shall be
available only to students who--
``(A) are majoring in science, technology, engineering, or
mathematics; and
``(B) have attained at least junior status in a
baccalaureate degree program.
``(2) Selection.--Individuals shall be selected to receive
scholarships primarily on the basis of academic merit, with
consideration given to financial need and to the goal of promoting
the participation of individuals identified in section 33 or 34 of
the Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b).
``(3) Amount.--The Director shall establish for each year the
amount to be awarded for scholarships under this section for that
year, which shall be not less than $10,000 per year, except that no
individual shall receive for any year more than the cost of
attendance at that individual's institution. Full-time students may
receive annual scholarships through the completion of a
baccalaureate degree program, not to exceed a maximum of 3 years.
Part-time students may receive scholarships that are prorated
according to such students' enrollment status, not to exceed 6
years of scholarship support.
``(4) Service obligation.--If an individual receives a
scholarship under this section, such individual shall be required
to complete, within 8 years after graduation from the baccalaureate
degree program for which the scholarship was awarded, 2 years of
service as a mathematics or science teacher for each full
scholarship award received, with a maximum service requirement of 6
years. Service required under this paragraph shall be performed in
a high need local educational agency.
``(d) Stipends.--
``(1) In general.--Stipends under this section shall be
available only to science, technology, engineering, or mathematics
professionals who, while receiving the stipend, are enrolled in a
program established under subsection (a)(3)(B).
``(2) Selection.--Individuals shall be selected to receive
stipends under this section primarily on the basis of academic
merit and professional achievement, with consideration given to
financial need and to the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).
``(3) Amount and duration.--Stipends under this section shall
be not less than $10,000 per year, except that no individual shall
receive for any year more than the cost of attendance at such
individual's institution. Individuals may receive a maximum of 1
year of stipend support, except that if an individual is enrolled
in a part-time program, such amount shall be prorated according to
the length of the program.
``(4) Service obligation.--If an individual receives a stipend
under this section, such individual shall be required to complete,
within 4 years after graduation from the program for which the
stipend was awarded, 2 years of service as a mathematics or science
teacher. Service required under this paragraph shall be performed
in a high need local educational agency.
``(e) Conditions of Support.--As a condition of acceptance of a
scholarship or stipend under this section, a recipient of a scholarship
or stipend shall enter into an agreement with the eligible entity--
``(1) accepting the terms of the scholarship or stipend
pursuant to subsection (c) or subsection (d);
``(2) agreeing to provide the eligible entity with annual
certification of employment and up-to-date contact information and
to participate in surveys conducted by the eligible entity as part
of an ongoing assessment program; and
``(3) establishing that if the service obligation required
under this section is not completed, all or a portion of the
scholarship or stipend received under this section shall be repaid
in accordance with subsection (g).
``(f) Collection for Noncompliance.--
``(1) Monitoring compliance.--An eligible entity receiving a
grant under this section shall, as a condition of participating in
the program, enter into an agreement with the Director to monitor
the compliance of scholarship or stipend recipients with their
respective service requirements.
``(2) Collection of repayment.--
``(A) In general.--In the event that a scholarship or
stipend recipient is required to repay the scholarship or
stipend under subsection (g), the eligible entity shall--
``(i) be responsible for determining the repayment
amounts and for notifying the recipient and the Director of
the amount owed; and
``(ii) collect such repayment amount within a period of
time as determined under the agreement described in
paragraph (1), or the repayment amount shall be treated as
a loan in accordance with subparagraph (C).
``(B) Returned to treasury.--Except as provided in
subparagraph (C), any such repayment shall be returned to the
Treasury of the United States.
``(C) Retain percentage.--An eligible entity may retain a
percentage of any repayment the eligible entity collects to
defray administrative costs associated with the collection. The
Director shall establish a single, fixed percentage that will
apply to all eligible entities.
``(g) Failure to Complete Service Obligation.--
``(1) General rule.--If an individual who has received a
scholarship or stipend under this section--
``(A) fails to maintain an acceptable level of academic
standing in the educational institution in which the individual
is enrolled, as determined by the Director;
``(B) is dismissed from such educational institution for
disciplinary reasons;
``(C) withdraws from the program for which the award was
made before the completion of such program;
``(D) declares that the individual does not intend to
fulfill the service obligation under this section; or
``(E) fails to fulfill the service obligation of the
individual under this section,
such individual shall be liable to the United States as provided in
paragraph (2).
``(2) Amount of repayment.--
``(A) Less than one year of service.--If a circumstance
described in paragraph (1) occurs before the completion of 1
year of a service obligation under this section, the total
amount of awards received by the individual under this section
shall be repaid or such amount shall be treated as a loan to be
repaid in accordance with subparagraph (C).
``(B) More than one year of service.--If a circumstance
described in subparagraph (D) or (E) of paragraph (1) occurs
after the completion of 1 year of a service obligation under
this section--
``(i) for a scholarship recipient, the total amount of
scholarship awards received by the individual under this
section, reduced by the ratio of the number of years of
service completed divided by the number of years of service
required, shall be repaid or such amount shall be treated
as a loan to be repaid in accordance with subparagraph (C);
and
``(ii) for a stipend recipient, one-half of the total
amount of stipends received by the individual under this
section shall be repaid or such amount shall be treated as
a loan to be repaid in accordance with subparagraph (C).
``(C) Repayments.--The loans described under subparagraphs
(A) and (B) shall be payable to the Federal Government,
consistent with the provisions of part B or D of title IV of
the Higher Education Act of 1965, and shall be subject to
repayment in accordance with terms and conditions specified by
the Director (in consultation with the Secretary of Education)
in regulations promulgated to carry out this paragraph.
``(3) Exceptions.--The Director may provide for the partial or
total waiver or suspension of any service or payment obligation by
an individual under this section whenever compliance by the
individual with the obligation is impossible or would involve
extreme hardship to the individual, or if enforcement of such
obligation with respect to the individual would be unconscionable.
``(h) Data Collection.--An eligible entity receiving a grant under
this section shall supply to the Director any relevant statistical and
demographic data on scholarship and stipend recipients the Director may
request, including information on employment required under this
section.
``(i) Definitions.--In this section--
``(1) the term `cost of attendance' has the meaning given such
term in section 472 of the Higher Education Act of 1965 (20 U.S.C.
1087ll);
``(2) the term `eligible entity' means--
``(A) an institution of higher education; or
``(B) an institution of higher education that receives
grant funds on behalf of a consortium of institutions of higher
education;
``(3) the term `fellowship' means an award to an individual
under section 10A;
``(4) the term `high need local educational agency' has the
meaning given such term in section 201 of the Higher Education Act
of 1965 (20 U.S.C. 1021);
``(5) the term `mathematics and science teacher' means a
science, technology, engineering, or mathematics teacher at the
elementary school or secondary school level;
``(6) the term `scholarship' means an award under subsection
(c);
``(7) the term `science, technology, engineering, or
mathematics professional' means a person who holds a baccalaureate,
master's, or doctoral degree in science, technology, engineering,
or mathematics, and is working in or had a career in such field or
a related area; and
``(8) the term `stipend' means an award under subsection (d).
``(j) Mathematics and Science Scholarship Gift Fund.--In accordance
with section 11(f) of the National Science Foundation Act of 1950 (42
U.S.C. 1870(f)), the Director is authorized to accept donations from
the private sector to supplement but not supplant scholarships,
stipends, internships, or fellowships associated with programs under
this section or section 10A.
``(k) Assessment of Teacher Service and Retention.--Not later than
4 years after the date of enactment of the America COMPETES Act, the
Director shall transmit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Science and Technology
of the House of Representatives a report on the effectiveness of the
programs carried out under this section and section 10A. The report
shall include the proportion of individuals receiving scholarships,
stipends, or fellowships under the program who--
``(1) fulfill the individuals' service obligation required
under this section or section 10A;
``(2) remain in the teaching profession beyond the individuals'
service obligation; and
``(3) remain in the teaching profession in a high need local
educational agency beyond the individuals' service obligation.
``(l) Evaluation.--Not less than 2 years after the date of
enactment of the America COMPETES Act, the Director, in consultation
with the Secretary of Education, shall conduct an evaluation to
determine whether the scholarships, stipends, and fellowships
authorized under this section and section 10A have been effective in
increasing the numbers of high-quality mathematics and science teachers
teaching in high need local educational agencies and whether there
continue to exist significant shortages of such teachers in high need
local educational agencies.
``SEC. 10A. NATIONAL SCIENCE FOUNDATION TEACHING FELLOWSHIPS AND MASTER
TEACHING FELLOWSHIPS.
``(a) In General.--
``(1) Grants.--
``(A) In general.--As part of the Robert Noyce Teacher
Scholarship Program established under section 10, the Director
shall establish a separate program to award grants to eligible
entities to enable such entities to administer fellowships in
accordance with this section.
``(B) Definitions.--The terms used in this section have the
meanings given the terms in section 10.
``(2) Fellowships.--Fellowships under this section shall be
available only to--
``(A) science, technology, engineering, or mathematics
professionals, who shall be referred to as `National Science
Foundation Teaching Fellows' and who, in the first year of the
fellowship, are enrolled in a master's degree program leading
to teacher certification or licensing; and
``(B) mathematics and science teachers, who shall be
referred to as `National Science Foundation Master Teaching
Fellows' and who possess a master's degree in their field.
``(b) Eligibility.--In order to be eligible to receive a grant
under this section, an eligible entity shall enter into a partnership
that shall include--
``(1) a department within an institution of higher education
participating in the partnership that provides an advanced program
of study in mathematics and science;
``(2)(A) a school or department within an institution of higher
education participating in the partnership that provides a teacher
preparation program; or
``(B) a 2-year institution of higher education that has a
teacher preparation offering or a dual enrollment program with an
institution of higher education participating in the partnership;
``(3) not less than 1 high need local educational agency and a
public school or a consortium of public schools served by the
agency; and
``(4) 1 or more nonprofit organizations that have a
demonstrated record of capacity to provide expertise or support to
meet the purposes of this section.
``(c) Use of Grants.--Grants awarded under this section shall be
used by the eligible entity (and participating institutions of higher
education of the consortium, if applicable) to develop and implement a
program for National Science Foundation Teaching Fellows or National
Science Foundation Master Teaching Fellows, through--
``(1) administering fellowships in accordance with this
section, including providing the teaching fellowship salary
supplements described in subsection (f);
``(2) in the case of National Science Foundation Teaching
Fellowships--
``(A) offering academic courses and clinical teaching
experiences leading to a master's degree and designed to
prepare individuals to teach in elementary schools and
secondary schools, including such preparation as is necessary
to meet the requirements for certification or licensing; and
``(B) offering programs both during and after matriculation
in the program for which the fellowship is received to enable
fellows to become highly effective mathematics and science
teachers, including mentoring, training, induction, and
professional development activities, to fulfill the service
requirements of this section, including the requirements of
subsection (e), and to exchange ideas with others in their
fields; and
``(3) in the case of National Science Foundation Master
Teaching Fellowships--
``(A) offering academic courses and leadership training to
prepare individuals to become master teachers in elementary
schools and secondary schools; and
``(B) offering programs both during and after matriculation
in the program for which the fellowship is received to enable
fellows to become highly effective mathematics and science
teachers, including mentoring, training, induction, and
professional development activities, to fulfill the service
requirements of this section, including the requirements of
subsection (e), and to exchange ideas with others in their
fields.
``(d) Selection Process.--
``(1) Merit review.--Grants shall be awarded under this section
on a competitive, merit-reviewed basis.
``(2) Applications.--An eligible entity desiring 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. The application shall include, at a minimum--
``(A) in the case of an applicant that is submitting an
application on behalf of a consortium of institutions of higher
education, a description of the participating institutions of
higher education and the roles and responsibilities of each
such institution;
``(B) a description of the program that the applicant
intends to operate, including the number of fellowships the
applicant intends to award, the type of activities proposed for
the recruitment of students to the program, and the amount of
the teaching fellowship salary supplements to be provided in
accordance with subsection (f);
``(C) evidence that the applicant has the capability to
administer the program in accordance with the provisions of
this section, which may include a description of any existing
programs at the applicant eligible entity (and participating
institutions of higher education of the consortium, if
applicable) that are targeted to the education of mathematics
and science teachers and the number of teachers graduated
annually from such programs;
``(D) in the case of National Science Foundation Teaching
Fellowships, a description of--
``(i) the selection process that will be used in
awarding fellowships, including a description of the
rigorous measures to be used, including the rigorous,
nationally recognized assessments to be used, in order to
determine whether individuals applying for fellowships have
advanced content knowledge of science, technology,
engineering, or mathematics;
``(ii) the academic courses and clinical teaching
experiences described in subsection (c)(2)(A), including--
``(I) a description of an educational program that
will enable a student to obtain a master's degree and
teacher certification or licensing within 1 year; and
``(II) evidence of agreements between the applicant
and the schools or local educational agencies that are
identified as the locations at which clinical teaching
experiences will occur;
``(iii) a description of the programs described in
subsection (c)(2)(B), including activities to assist
individuals in fulfilling their service requirements under
this section;
``(E) evidence that the eligible entity will provide the
teaching supplements required under subsection (f); and
``(F) a description of the process the applicant will use
to fulfill the requirements of section 10(f).
``(3) Criteria.--In evaluating the applications submitted under
paragraph (2), the Director shall consider, at a minimum--
``(A) the ability of the applicant (and participating
institutions of higher education of the consortium, if
applicable) to effectively carry out the program and to meet
the requirements of subsection (f);
``(B) the extent to which the mathematics, science, or
engineering faculty and the education faculty at the eligible
entity (and participating institutions of higher education of
the consortium, if applicable) have worked or will work
collaboratively to design new or revised curricula that
recognizes the specialized pedagogy required to teach science,
technology, engineering, and mathematics effectively in
elementary schools and secondary schools;
``(C) the extent to which the applicant (and participating
institutions of higher education of the consortium, if
applicable) is committed to making the program a central
organizational focus;
``(D) the degree to which the proposed programming will
enable participants to become highly effective mathematics and
science teachers and prepare such participants to assume
leadership roles in their schools, in addition to their regular
classroom duties, including serving as mentor or master
teachers, developing curriculum, and assisting in the
development and implementation of professional development
activities;
``(E) the number and quality of the individuals that will
be served by the program; and
``(F) in the case of the National Science Foundation
Teaching Fellowship, the ability of the applicant (and
participating institutions of higher education of the
consortium, if applicable) to recruit individuals who would
otherwise not pursue a career in teaching and individuals
identified in section 33 or 34 of the Science and Engineering
Equal Opportunities Act (42 U.S.C. 1855a or 1855b).
``(4) Selection of fellows.--
``(A) In general.--Individuals shall be selected to receive
fellowships under this section primarily on the basis of--
``(i) professional achievement;
``(ii) academic merit;
``(iii) content knowledge of science, technology,
engineering, or mathematics, as demonstrated by their
performance on an assessment in accordance with paragraph
(2)(D)(i); and
``(iv) in the case of National Science Foundation
Master Teaching Fellows, demonstrated success in improving
student academic achievement in science, technology,
engineering, or mathematics.
``(B) Promoting participation of certain individuals.--
Among individuals demonstrating equivalent qualifications,
consideration may be given to the goal of promoting the
participation of individuals identified in section 33 or 34 of
the Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b).
``(e) Duties of National Science Foundation Teaching Fellows and
Master Teaching Fellows.--A National Science Foundation Teaching Fellow
or a National Science Foundation Master Teaching Fellow, while
fulfilling the service obligation under subsection (g) and in addition
to regular classroom activities, shall take on a leadership role within
the school or local educational agency in which the fellow is employed,
as defined by the partnership according to such fellow's expertise,
including serving as a mentor or master teacher, developing curricula,
and assisting in the development and implementation of professional
development activities.
``(f) Teaching Fellowship Salary Supplements.--
``(1) In general.--An eligible entity receiving a grant under
this section shall provide salary supplements to individuals who
participate in the program under this section during the period of
their service obligation under subsection (g). A local educational
agency through which the service obligation is fulfilled shall
agree not to reduce the base salary normally paid to an individual
solely because such individual receives a salary supplement under
this subsection.
``(2) Amount and duration.--
``(A) Amount.--Salary supplements provided under paragraph
(1) shall be not less than $10,000 per year, except that, in
the case of a National Science Foundation Teaching Fellow,
while enrolled in the master's degree program as described in
subsection (c)(2)(A), such fellow shall receive not more than
the cost of attendance at such fellow's institution.
``(B) Support while enrolled in master's degree program.--A
National Science Foundation Teaching Fellow may receive a
maximum of 1 year of fellowship support while enrolled in a
master's degree program as described in subsection (c)(2)(A),
except that if such fellow is enrolled in a part-time program,
such amount shall be prorated according to the length of the
program.
``(C) Duration of support.--An eligible entity receiving a
grant under this section shall provide teaching fellowship
salary supplements through the period of the fellow's service
obligation under subsection (g).
``(g) Service Obligation.--An individual awarded a fellowship under
this section shall serve as a mathematics or science teacher in an
elementary school or secondary school served by a high need local
educational agency for--
``(1) in the case of a National Science Foundation Teaching
Fellow, 4 years, to be fulfilled within 6 years of completing the
master's program described in subsection (c)(2)(A); and
``(2) in the case of a National Science Foundation Master
Teaching Fellow, 5 years, to be fulfilled within 7 years of the
start of participation in the program under subsection (c)(3).
``(h) Matching Requirement.--
``(1) In general.--An eligible entity receiving a grant under
this section shall provide, from non-Federal sources, an amount
equal to 50 percent of the amount of the grant (which may be
provided in cash or in-kind) to carry out the activities supported
by the grant.
``(2) Waiver.--The Director may waive all or part of the
matching requirement described in paragraph (1) for any fiscal year
for an eligible entity receiving a grant under this section, if the
Director determines that applying the matching requirement would
result in serious hardship or inability to carry out the authorized
activities described in this section.
``(i) Conditions of Support; Collection for Noncompliance; Failure
to Complete Service Obligation; Data Collection.--
``(1) In general.--Except as provided in paragraph (2),
subsections (e), (f), (g), and (h) of section 10 shall apply to
eligible entities and recipients of fellowships under this section,
as applicable, in the same manner as such subsections apply to
eligible entities and recipients of scholarships and stipends under
section 10, as applicable.
``(2) Amount of repayment.--If a circumstance described in
subparagraph (D) or (E) of section 10(g)(1) occurs after the
completion of 1 year of a service obligation under this section--
``(A) for a National Science Foundation Teaching Fellow,
the total amount of fellowship award received by the individual
under this section while enrolled in the master's degree
program, reduced by one-fourth of the total amount for each
year of service completed, plus one-half of the total teaching
fellowship salary supplements received by such individual under
this section, shall be repaid or such amount shall be treated
as a loan to be repaid in accordance with section 10(g)(1)(C);
and
``(B) for a National Science Foundation Master Teaching
Fellow, the total amount of teaching fellowship salary
supplements received by the individual under this section,
reduced by one-half, shall be repaid or such amount shall be
treated as a loan to be repaid in accordance with section
10(g)(1)(C).''.
SEC. 7031. ENCOURAGING PARTICIPATION.
(a) Community College Program.--Section 3 of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B), by striking the semicolon and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) encourage participation of individuals identified in
section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b);''; and
(2) in subsection (c), by adding at the end the following:
``(3) Mentor training grants.--The Director shall--
``(A) establish a program to encourage and make grants
available to institutions of higher education that award
associate degrees to recruit and train individuals from the
fields of science, technology, engineering, and mathematics to
mentor students who are described in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b) in order to assist those students in
identifying, qualifying for, and entering higher-paying
technical jobs in those fields; and
``(B) make grants available to associate-degree-granting
colleges to carry out the program identified in subsection
(A).''.
(b) Evaluation and Report.--The Director shall establish metrics to
evaluate the success of the programs established by the Foundation for
encouraging individuals identified in section 33 or 34 of the Science
and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) to
study and prepare for careers in science, technology, engineering, and
mathematics, including programs that provide for mentoring for such
individuals. The Director shall carry out evaluations based on the
metrics developed and report to Congress annually on the findings and
conclusions of the evaluations.
SEC. 7032. NATIONAL ACADEMY OF SCIENCES REPORT ON DIVERSITY IN SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS FIELDS.
(a) In General.--The Director shall enter into an arrangement with
the National Academy of Sciences for a report, to be transmitted to the
Congress not later than 1 year after the date of enactment of this Act,
about barriers to increasing the number of underrepresented minorities
in science, technology, engineering, and mathematics fields and to
identify strategies for bringing more underrepresented minorities into
the science, technology, engineering, and mathematics workforce.
(b) Specific Requirements.--The Director shall ensure that the
report described in subsection (a) addresses--
(1) social and institutional factors that shape the decisions
of minority students to commit to education and careers in the
science, technology, engineering, and mathematics fields;
(2) specific barriers preventing greater minority student
participation in the science, technology, engineering, and
mathematics fields;
(3) primary focus points for policy intervention to increase
the recruitment and retention of underrepresented minorities in the
future workforce of the United States;
(4) programs already underway to increase diversity in the
science, technology, engineering, and mathematics fields, and their
level of effectiveness;
(5) factors that make such programs effective, and how to
expand and improve upon existing programs;
(6) the role of minority-serving institutions in the
diversification of the workforce of the United States in these
fields and how that role can be supported and strengthened; and
(7) how the public and private sectors can better assist
minority students in their efforts to join the workforce of the
United States in these fields.
SEC. 7033. HISPANIC-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM.
(a) In General.--The Director is authorized to establish a new
program to 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 science, technology, engineering, and mathematics
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) Program Components.--Grants awarded under this section shall
support--
(1) activities to improve courses and curriculum in science,
technology, engineering, and mathematics;
(2) faculty development;
(3) stipends for undergraduate students participating in
research; and
(4) other activities consistent with subsection (a), as
determined by the Director.
(c) Instrumentation.--Funding for instrumentation is an allowed use
of grants awarded under this section.
SEC. 7034. PROFESSIONAL SCIENCE MASTER'S DEGREE PROGRAMS.
(a) Clearinghouse.--
(1) Development.--The Director shall establish a clearinghouse,
in collaboration with 4-year institutions of higher education
(including applicable graduate schools and academic departments),
and industries and Federal agencies that employ science-trained
personnel, to share program elements used in successful
professional science master's degree programs and other advanced
degree programs related to science, technology, engineering, and
mathematics.
(2) Availability.--The Director shall make the clearinghouse of
program elements developed under paragraph (1) available to
institutions of higher education that are developing professional
science master's degree programs.
(b) Programs.--
(1) Programs authorized.--The Director shall award grants to 4-
year institutions of higher education to facilitate the
institutions' creation or improvement of professional science
master's degree programs that may include linkages between
institutions of higher education and industries that employ
science-trained personnel, with an emphasis on practical training
and preparation for the workforce in high-need fields.
(2) Application.--A 4-year institution of higher education
desiring a grant under this section shall submit an application to
the Director at such time, in such manner, and accompanied by such
information as the Director may require. The application shall
include--
(A) a description of the professional science master's
degree program that the institution of higher education will
implement;
(B) a description of how the professional science master's
degree program at the institution of higher education will
produce individuals for the workforce in high-need fields;
(C) the amount of funding from non-Federal sources,
including from private industries, that the institution of
higher education shall use to support the professional science
master's degree program; and
(D) an assurance that the institution of higher education
shall encourage students in the professional science master's
degree program to apply for all forms of Federal assistance
available to such students, including applicable graduate
fellowships and student financial assistance under titles IV
and VII of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq., 1133 et seq.).
(3) Preferences.--The Director shall give preference in making
awards to 4-year institutions of higher education seeking Federal
funding to create or improve professional science master's degree
programs, to those applicants--
(A) located in States with low percentages of citizens with
graduate or professional degrees, as determined by the Bureau
of the Census, that demonstrate success in meeting the unique
needs of the corporate, non-profit, and government communities
in the State, as evidenced by providing internships for
professional science master's degree students or similar
partnership arrangements; or
(B) that secure more than two-thirds of the funding for
such professional science master's degree programs from sources
other than the Federal Government.
(4) Number of grants; time period of grants.--
(A) Number of grants.--Subject to the availability of
appropriated funds, the Director shall award grants under
paragraph (1) to a maximum of 200 4-year institutions of higher
education.
(B) Time period of grants.--Grants awarded under this
section shall be for one 3-year term. Grants may be renewed
only once for a maximum of 2 additional years.
(5) Evaluation and reports.--
(A) Development of performance benchmarks.--Prior to the
start of the grant program, the Director, in collaboration with
4-year institutions of higher education (including applicable
graduate schools and academic departments), and industries and
Federal agencies that employ science-trained personnel, shall
develop performance benchmarks to evaluate the pilot programs
assisted by grants under this section.
(B) Evaluation.--For each year of the grant period, the
Director, in consultation with 4-year institutions of higher
education (including applicable graduate schools and academic
departments), and industries and Federal agencies that employ
science-trained personnel, shall complete an evaluation of each
program assisted by grants under this section. Any program that
fails to satisfy the performance benchmarks developed under
subparagraph (A) shall not be eligible for further funding.
(C) Report.--Not later than 180 days after the completion
of an evaluation described in subparagraph (B), the Director
shall submit a report to Congress that includes--
(i) the results of the evaluation; and
(ii) recommendations for administrative and legislative
action that could optimize the effectiveness of the pilot
programs, as the Director determines to be appropriate.
SEC. 7035. SENSE OF CONGRESS ON COMMUNICATIONS TRAINING FOR SCIENTISTS.
(a) Sense of Congress.--It is the sense of Congress that
institutions of higher education receiving awards under the Integrative
Graduate Education and Research Traineeship program of the Foundation
should, among the activities supported under these awards, train
graduate students in the communication of the substance and importance
of their research to nonscientist audiences.
(b) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Director shall transmit a report to the
Committee on Science and Technology of the House of Representatives and
to the Committee on Commerce, Science, and Transportation and the
Committee on Health, Education, Labor, and Pensions of the Senate,
describing the training programs described in subsection (a) provided
to graduate students who participated in the Integrative Graduate
Education and Research Traineeship program. The report shall include
data on the number of graduate students trained and a description of
the types of activities funded.
SEC. 7036. MAJOR RESEARCH INSTRUMENTATION.
(a) Award Amount.--The minimum amount of an award under the Major
Research Instrumentation program shall be $100,000. The maximum amount
of an award under the program shall be $4,000,000 except if the total
amount appropriated for the program for a fiscal year exceeds
$125,000,000, in which case the maximum amount of an award shall be
$6,000,000.
(b) Use of Funds.--In addition to the acquisition of
instrumentation and equipment, funds made available by awards under the
Major Research Instrumentation program may be used to support the
operations and maintenance of such instrumentation and equipment.
(c) Cost Sharing.--
(1) In general.--An institution of higher education receiving
an award under the Major Research Instrumentation program shall
provide at least 30 percent of the cost from private or non-Federal
sources.
(2) Exceptions.--Institutions of higher education that are not
Ph.D.-granting institutions are exempt from the cost sharing
requirement in paragraph (1), and the Director may reduce or waive
the cost sharing requirement for--
(A) institutions--
(i) that are not ranked among the top 100 institutions
receiving Federal research and development funding, as
documented by the statistical data published by the
Foundation; and
(ii) for which the proposed project will make a
substantial improvement in the institution's capabilities
to conduct leading edge research, to provide research
experiences for undergraduate students using leading edge
facilities, and to broaden the participation in science and
engineering research by individuals identified in section
33 or 34 of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885a or 1885b); and
(B) consortia of institutions of higher education that
include at least one institution that is not a Ph.D.-granting
institution.
SEC. 7037. LIMIT ON PROPOSALS.
(a) Policy.--For programs supported by the Foundation that require
as part of the selection process for awards the submission of
preproposals and that also limit the number of preproposals that may be
submitted by an institution, the Director shall allow the subsequent
submission of a full proposal based on each preproposal that is
determined to have merit following the Foundation's merit review
process.
(b) Review and Assessment of Policies.--The Board shall review and
assess the effects on institutions of higher education of the policies
of the Foundation regarding the imposition of limitations on the number
of proposals that may be submitted by a single institution for programs
supported by the Foundation. The Board shall determine whether current
policies are well justified and appropriate for the types of programs
that limit the number of proposal submissions. Not later than 1 year
after the date of enactment of this Act, the Board shall summarize the
Board's findings and any recommendations regarding changes to the
current policy on the restriction of proposal submissions in a report
to the Committee on Science and Technology of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor, and
Pensions of the Senate.
TITLE VIII--GENERAL PROVISIONS
SEC. 8001. COLLECTION OF DATA RELATING TO TRADE IN SERVICES.
(a) Report.--Not later than January 31, 2008, the Secretary of
Commerce, acting through the Director of the Bureau of Economic
Analysis, shall report to Congress on the feasibility, annual cost, and
potential benefits of a program to collect and study data relating to
export and import of services.
(b) Program.--The proposed program to be studied under subsection
(a) shall include requirements that the Secretary annually--
(1) provide data collection and analysis relating to export and
import of services;
(2) collect and analyze data for service imports and exports in
not less than 40 service industry categories, on a State-by-State
basis;
(3) collect data on, and analyze, the employment effects of
exports and imports on the service industry; and
(4) integrate ongoing and planned data collection and analysis
initiatives in research and development and innovation.
SEC. 8002. SENSE OF THE SENATE REGARDING SMALL BUSINESS GROWTH AND
CAPITAL MARKETS.
(a) Findings.--Congress finds that--
(1) the United States has the most fair, most transparent, and
most efficient capital markets in the world, in part due to its
strong securities statutory and regulatory scheme;
(2) it is of paramount importance for the continued growth of
the economy of the Nation, that our capital markets retain their
leading position in the world;
(3) small businesses are vital participants in United States
capital markets, and play a critical role in future economic growth
and high-wage job creation;
(4) section 404 of the Sarbanes-Oxley Act of 2002 has greatly
enhanced the quality of corporate governance and financial
reporting for public companies and increased investor confidence;
(5) the Securities and Exchange Commission (referred to in this
section as the ``Commission'') and the Public Company Accounting
Oversight Board (referred to in this section as the ``PCAOB'') have
both determined that the current auditing standard implementing
section 404 of the Sarbanes-Oxley Act of 2002 has imposed
unnecessary and unintended cost burdens on small and mid-sized
public companies;
(6) the Commission and the PCAOB are now near completion of a
2-year process intended to revise the auditing standard in order to
provide more efficient and effective regulation; and
(7) the Chairman of the Commission recently has said, with
respect to section 404 of the Sarbanes-Oxley Act of 2002, that,
``We don't need to change the law, we need to change the way the
law is implemented. It is the implementation of the law that has
caused the excessive burden, not the law itself. That's an
important distinction. I don't believe these important investor
protections, which are even now only a few years old, should be
opened up for amendment, or that they need to be.''.
(b) Sense of the Senate.--It is the sense of the Senate that the
Commission and the PCAOB should complete promulgation of the final
rules implementing section 404 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7262).
SEC. 8003. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF ACTIVITIES,
GRANTS, AND PROGRAMS.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a report to
Congress that--
(1) assesses and evaluates the effectiveness of a
representative sample of the new or expanded programs and
activities (including programs and activities carried out under
grants) required to be carried out under this Act; and
(2) includes such recommendations as the Comptroller General
determines are appropriate to ensure effectiveness of, or
improvements to, the programs and activities, including termination
of programs or activities.
SEC. 8004. SENSE OF THE SENATE REGARDING ANTI-COMPETITIVE TAX POLICY.
It is the sense of the Senate that Federal funds should not be
provided to any organization or entity that advocates against a United
States tax policy that is internationally competitive.
SEC. 8005. STUDY OF THE PROVISION OF ONLINE DEGREE PROGRAMS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Education shall enter into an arrangement
with the National Academy of Sciences to conduct a study and provide a
report to the Secretary, the Secretary of Commerce, and Congress. The
study shall consider the mechanisms and supports needed for an
institution of higher education (as defined in section 7001) or
nonprofit organization to develop and maintain a program to provide
free access to online educational content as part of a degree program,
especially in science, technology, engineering, mathematics, or foreign
languages, without using Federal funds, including funds provided under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)
The study shall consider whether such a program could be developed and
managed by such institution of higher education or nonprofit
organization and sustained through private funding. The study shall
examine how such program can--
(1) build on existing online programs, including making use of
existing online courses;
(2) modify or expand traditional course content for online
educational content;
(3) develop original course content for online courses and
degree programs;
(4) provide necessary laboratory experience for science,
technology, and engineering courses;
(5) be accepted for full credit by other institutions of higher
education; and
(6) provide credentials that would be recognized by employers,
enabling program participants to attain employment.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2008.
SEC. 8006. SENSE OF THE SENATE REGARDING DEEMED EXPORTS.
It is the sense of the Senate that--
(1) the policies of the United States Government relating to
deemed exports should safeguard the national security of the United
States and protect fundamental research;
(2) the Department of Commerce has established the Deemed
Export Advisory Committee to develop recommendations for improving
current controls on deemed exports; and
(3) the President and Congress should consider the
recommendations of the Deemed Export Advisory Committee in the
development and implementation of export control policies.
SEC. 8007. SENSE OF THE SENATE REGARDING CAPITAL MARKETS.
It is the sense of the Senate that--
(1) Congress, the President, regulators, industry leaders, and
other stakeholders should take the necessary steps to reclaim the
preeminent position of the United States in the global financial
services marketplace;
(2) the Federal and State financial regulatory agencies should,
to the maximum extent possible--
(A) coordinate activities on significant policy matters, so
as not to impose regulations that may have adverse unintended
consequences on innovativeness with respect to financial
products, instruments, and services, or that impose regulatory
costs that are disproportionate to their benefits; and
(B) at the same time, ensure that the regulatory framework
overseeing the United States capital markets continues to
promote and protect the interests of investors in those
markets; and
(3) given the complexity of the financial services marketplace,
Congress should exercise vigorous oversight over Federal regulatory
and statutory requirements affecting the financial services
industry and consumers, with the goal of eliminating excessive
regulation and problematic implementation of existing laws and
regulations, while ensuring that necessary investor protections are
not compromised.
SEC. 8008. ACCOUNTABILITY AND TRANSPARENCY OF ACTIVITIES AUTHORIZED BY
THIS ACT.
(a) Prohibited Use of Funds.--A grant or contract funded by amounts
authorized by this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant or contract
was awarded. A directly and programmatically related banquet or
conference includes a banquet or conference held in connection with
planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract. Records of the
total costs related to, and justifications for, all banquets and
conferences shall be reported to the appropriate Department,
Administration, or Foundation. Not later than 60 days after receipt of
such records, the appropriate Department, Administration, or Foundation
shall make the records available to the public.
(b) Conflict of Interest Statement.--Any person awarded a grant or
contract funded by amounts authorized by this Act shall submit a
statement to the Secretary of Commerce, the Secretary of Energy, the
Secretary of Education, the Administrator, or the Director, as
appropriate, certifying that no funds derived from the grant or
contract will be made available through a subcontract or in any other
manner to another person who has a financial interest or other conflict
of interest in the person awarded the grant or contract, unless such
conflict is previously disclosed and approved in the process of
entering into a contract or awarding a grant. Not later than 60 days
after receipt of the certification, the appropriate Secretary,
Administrator, or Director shall make all documents received that
relate to the certification available to the public.
(c) Application to Federal Grants and Contracts.--Subsections (a)
and (b) shall take effect 360 days after the date of enactment of this
Act.
(d) Exception.--Subsections (a) and (b) shall not apply to grants
or contracts authorized under sections 6201 and 6203.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.