Congressional Record, Volume 153 Issue 37 (Monday, March 5, 2007)

[Congressional Record Volume 153, Number 37 (Monday, March 5, 2007)]
[Senate]
[Pages S2600-S2631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. DODD:
S. 756. A bill to authorize appropriations for the Department of
Defense to address the equipment reset and other equipment needs of the
National Guard, and for other purposes; to the Committee on Armed
Services.
Mr. DODD. Mr. President, no one has worked harder or sacrificed more
in the war on terrorism than our soldiers, sailors, airmen, and
Marines.
Regrettably, they have been tested in unprecedented ways--with too
few troops in our overall forces, our soldiers are rotating in and out
of Iraq for year-long stretches. By the beginning of next year, members
of the 3rd Infantry Division will have spent more time in Iraq than at
home in a span of five years.
On top of the physical and psychological strains caused by these
deployments, our troops are contending with grave equipment shortfalls
and sparse resources to restock their supplies.
Congress and the American public were already informed that two-
thirds of the Army's forces in the United States are ``not ready'' for
combat duty, largely due to these equipment shortfalls.
But the situation for our National Guard is far worse. In a report
submitted to Congress last Thursday by the Commission on the National
Guard and Reserves, we learned that 88 percent of the National Guard
has been classified as ``not ready'' for duty. Such a statistic seems
earth-shattering to me--it should drive all of us in Congress to action
immediately.
As my colleagues know, the National Guard operates under dual
authorities: overseas, they become fully integrated into the U.S. Armed
Forces, serving under the President in a variety of combat missions; at
home, the National Guard serves under our States' governors, performing
homeland security functions during local or statewide emergencies, such
as storms, fires, earthquakes or civil disturbances.
For years now, however, the administration's foreign policies have
actually endangered the Guard's abilities to perform either of these
functions. Under orders by the administration, National Guard troops
have been forced to leave their State's equipment in Iraq and
Afghanistan for other troops rotating into combat theaters. Many of
their military vehicles and aircraft are being worn down and destroyed
in battle. But any critical equipment that may have survived is simply
being transferred to other units coming into Iraq or Afghanistan.
This means that when the National Guard comes home, they are finding
their stocks of equipment--ranging from humvees to night-vision
goggles, generators and radios--cleaned out. So today, we face a
frightening series of questions--what happens when the next Hurricane
Katrina strikes? Who will help restore order? Who will help provide
critical emergency response services? And what equipment will they use?
The National Guard Commission, led by former Senate Armed Services
Committee Staff Director retired Marine General Arnold Punaro, lays out
the problems in stark terms. Unless we address this situation
immediately, we will jeopardize not only our troops' safety but our
very nation's security.
That is why today I am introducing legislation to rebuild our
National Guard and ensure that it can fully perform both its homeland
security and national defense missions. According to the National Guard
Bureau at the Pentagon, the President's budget is short $38 billion
over the next five years. My bill would allocate funding according to
the needs projected by National Guard Bureau Chief Lieutenant General
H. Steven Blum.
Some may suggest that this is not an issue that can simply be fixed
with more money. As in prior years, the Department of Defense may say
that the defense industry simply just does not have adequate capacity
to manufacture all of these new product orders. If that is the case, we
will need to find ways to expand our nation's defense production. For
that reason, my bill will also require the Defense Department to
provide a plan for investing in industry to expand their manufacturing
capacity.
This legislation will complement the Leahy-Bond Guard Empowerment Act
of 2007, legislation that I have proudly cosponsored to elevate
National Guard leadership at the Department of Defense so that it may
better contribute to the formulation of key defense policies. But
without the necessary resources, the National Guard will be unable to
do its job. That is why my legislation is so important today.
These conclusions were further confirmed by a January 2007 Government
Accountability Office (GAO) report which found that our National
Guard's equipment inventories in the United States have decreased
largely because of overseas operations. The GAO further found that as
of November 2006, nondeployed Army National Guard forces nationwide
only have 64 percent of the total amount of equipment they need.
Let me be clear about the reasons why my legislation is needed to lay
out our budget for the next five years. While the administration's
recent five-year budget projections have sought large increases for
National Guard equipment, according to the National Guard Commission
Report data, the administration and Republican-led Congresses have
repeatedly failed to follow through on such requirements.
According to the Commission, funding from 1999-2005 has been reduced
significantly from the amounts identified several years earlier. For
example, when the administration's first five-year budget was submitted
to Congress, it showed that the Army planned to fund $1.346 billion in
Fiscal Year 2004

[[Page S2601]]

for Army National Guard procurement. But in reality, the Army Guard
actually had only $578.4 million to spend that year. Similarly, the
Fiscal Year 2005 budget was initially projected to be $1.625 billion
for the Army National Guard. But when it came time to allocate the
funding, the Administration and their Congressional allies could only
come up with $660.9 million for Army National Guard procurement.
Indeed, while our troops have given their all on the battlefield, the
administration and United States Congress have not held up their end of
the bargain. We owe it to our troops to do all that we can to promote
their wellbeing--whether providing appropriate care at our military and
VA hospitals or providing the military equipment they need to complete
their missions safely and effectively.
Regrettably, the sad and simple fact is that the administration has
repeatedly come up short in this regard. And these failures are having
devastating consequences, not only for our troops but for our Nation's
very defense and homeland security.
This situation is not new. I have come to the floor to try to address
lacking resources for our military's essential equipment needs from the
very first year of the Iraq war. In 2003, the Army identified $322
million in shortfalls in critical health and safety gear--ranging from
body armor, camelback hydration systems, and combat helmets to
equipment for deactivating high-explosives--all priorities that the
Rumsfeld Pentagon and Bush administration failed to provide for in
their initial budgets. I offered an amendment to the Emergency
Appropriations bill to resolve these problems. Unfortunately, the Bush
administration opposed this legislation, and the amendment was defeated
along party lines.
In 2004, we tried a different approach--requiring the Department of
Defense to reimburse military personnel who bought equipment for
military service in Iraq and Afghanistan that the Rumsfeld Pentagon had
failed to provide. This time, despite ardent objections of Secretary
Rumsfeld's Pentagon, Congress approved the legislation. And in October
2004, President Bush signed the bill into law. We approved similar
legislation in 2005 to further extend this benefit as troops, their
families, and their communities continued to dig into their own pockets
to buy needed lifesaving equipment for use on the battlefield.
But last year, the difficulties associated with equipment shortfalls
posed a far more serious problem. Working with Senators Inouye, Reed
and Stevens, I offered an amendment to address a $17 billion budget
shortfall to replace and repair thousands of war battered tanks,
aircraft, and vehicles. Without these additional resources, the Army
Chief of Staff claimed that U.S. Army readiness would deteriorate even
further. This provision was approved unanimously and enacted in law.
But much more remains to be done.
If Congress and the administration do not finally heed the warnings
of the U.S. military's top generals, and fully fund our equipment
needs, the Armed Forces' ability to respond to future challenges to
America's national security--whether on the Korean Peninsula, the
Middle East, or elsewhere in the world--could be harmed.
Moreover, if we do not take the findings of the independent National
Guard Commission seriously, and fully address the equipment shortfalls
of our Citizen Soldiers here at home, I am afraid we will further erode
our states' most pressing emergency response capabilities.
For the last six years, our troops have unconditionally served in
Afghanistan, battling Al Qaeda and Taliban forces. And for four years,
they have bravely followed orders into Iraq, despite the
administration's ill-defined objectives and faulty intelligence.
Our troops have served with characteristic honor, dedication, and
skill. It is high time that we meet our commitments to them--and give
them the mission-critical gear they need to get their jobs done. I
strongly urge my colleagues to support my legislation.
______

By Mrs. CLINTON:
S. 757. A bill to create a national set of effective voluntary
national expectations for mathematics and science education in
kindergarten through grade 12, and for other purposes; to the Committee
on Health, Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, I rise today to reintroduce legislation
to help ensure that American students are competitive in today's global
economy. If approved, The National Mathematics and Science Consistency
Act would ensure that America's children have access to a rigorous math
and science education.
The reality is that modern technology makes it increasingly possible
for employers to hire the most skilled workers wherever they live.
Additionally, too many American students--even some graduates of high
school and college--are not equipped with the skills they need to
compete successfully in the global economy. That is why I am
reintroducing the Mathematics and Science Consistency Act.
This legislation calls for the National Academy of Sciences (NAS) to
convene a national panel of experts to collect proven effective K-12
science and mathematics teaching standards and materials to serve as
promising practices. Under this bill, it is entirely up to states
whether to adopt these promising practices. States that do so, however,
would be eligible for grants to acquire instructional materials, to
make those materials available online to teachers and staff for free,
and to train teachers to effectively use these materials. These
promising practices would provide effective standards for K-12
education.
Regrettably, many States have set standards for math and science
education at an abysmally low level. A Fordham Institute report
entitled ``The State of State Science Standards 2006'' deemed the
average grade for State standards across all subjects as a ``C-minus,''
while two-thirds of our K-12 students attend schools in States with C-,
D-, or F-rated standards. The result of low State standards is that
States think their students are demonstrating proficiency in math and
science when in fact they are not.
For example, a recent Trends in International Mathematics and Science
Study, the largest and most comprehensive comparative international
study of education, found that 12th graders in the U.S. ranked 21st out
of 40 industrialized nations on general math and science knowledge. In
addition, just one in three of America's college graduates earn degrees
in math, science, and engineering while two in three college graduates
of other countries do so. We must act now to improve education and
research in math and science if America is to retain leadership of the
global economy in the 21st century.
The Mathematics and Science Consistency Act will help States to raise
their standards, invest in high-quality teaching through the collection
of best practices, and ensure that a world-class curriculum is
available to all students. I am hopeful that my Senate colleagues from
both sides of the aisle will join me today to move this legislation to
the floor without delay.
______

By Mr. WEBB:
S. 759. A bill to prohibit the use of funds for military operations
in Iran; to the Committee on Foreign Relations.
Mr. WEBB. Mr. President, I rise today to introduce legislation that
will prohibit the use of funds for military operations in Iran without
congressional authorization. The purpose of this legislation is to
restore a proper balance between the executive and legislative branches
when it comes to the commencement of military activities.
I have taken great care in the preparation of this bill to ensure it
will not in any way prevent our military forces from carrying out their
tactical responsibilities in places such as Iraq and in the
international waters off of Iran's coast.
I want to put up a chart. These are the exceptions that are clearly
outlined in this bill: The legislation allows American forces to
directly respond to attacks or possible attacks that might be initiated
from Iran as well as those that might be begun elsewhere and then carry
over into Iranian territory; the so-called hot pursuit exception. I
have also excluded operations relating to intelligence gathering.
The major function of this legislation is to prevent this
administration from commencing unprovoked military activities against
Iran without the approval of the Congress. The legislation accomplishes
this goal through the

[[Page S2602]]

proper constitutional process of prohibiting all funding for such an
endeavor.
Unlike the current situation in Iraq, where cutting off funds might
impede or interrupt ongoing operations, this legislation denies funding
that would be necessary to begin such operations against Iran in the
first place.
In the past 2 weeks, we have seen a fresh willingness on the part of
this administration to pursue new approaches for a regional settlement
that will eventually allow the United States to withdraw our forces
from Iraq and also increase stability in the Middle East. I commend
Secretary of State Rice and Secretary of Defense Gates for their
efforts in bringing about what seems to be the beginning of a clear and
much needed course correction.
It is particularly significant that Iran and Syria have been invited
to participate and that the United States will join in the upcoming
regional meetings regarding Iraq. These upcoming meetings will offer
many different countries the opportunity to address legitimate concerns
and to emphasize mutual interests. I am hopeful it will open the door
for a different kind of dialogue with Iran.
Despite its newfound level of influence in Iraq, it is not in Iran's
best interest to see Iraq disintegrate into anarchy. Iran also has
challenges with its own sectarian groups, not the least of which are
the Kurds. Al-Qaida represents a threat to Iran as well, and it is not
in Iran's interest to see this terrorist movement gain even more power.
Free and open access to the Strait of Hormuz also is vital to Iran's
economy given its overwhelming reliance on oil exports.
As this regional conference approaches, the rhetoric with respect to
possible Iranian activities inside Iraq continues, and the increases to
our naval and missile defense presence in the gulf remain. The
administration's past failure to engage with Iran diplomatically in a
meaningful way, coupled with what Iran could perceive as preparations
for a military strike, creates a potent brew that easily could lead to
miscalculation on both sides.
The 1988 incident with the USS Vincennes comes to mind, when an
overly aggressive commanding officer, operating inside Iranian
territorial waters, according to a subsequent admission by Joint Chiefs
of Staff Chairman Admiral Crowe, shot down commercial passenger
aircraft Iran Air Flight 655.
These circumstances--the stated desire of many connected to this
administration to invade Iran, the saber-rattling rhetoric, the
strategic miscalculations in Iraq--call for this Congress to formalize
an historic mandate that in recent years seems to have been lost to the
public's understanding. Quite simply, it is the constitutional
obligation of the administration to obtain congressional approval in
order to commence military action against another country, except under
very limited circumstances. This is the very process our Founding
Fathers envisioned.
In fact, the records from the Constitutional Convention in August
1787 make this abundantly clear. There was much debate during this
convention regarding how much authority should be in the hands of the
President with respect to actually initiating military action. The
Convention's participants carefully decided the President should not be
given the power to decide with whom this Nation should go to war or to
undertake aggressive actions without the consent of Congress. The
President's powers to initiate military action were to be for the
purpose of repelling sudden attacks--and this is the language I have
used in this legislation.
As Constitutional Convention delegate James Wilson explained to the
Pennsylvania ratifying convention:

This system will not hurry us into war, it is calculated to
guard against it. It will not be in the power of a single
man, or a single body of men, to involve us in such distress.

To state the obvious, Iran is not Iraq. The President has no
authority to begin unilateral military operations against Iran. In this
regard, I strongly urge my colleagues to consider that the issue before
us is not simply policies with respect to Iran but the proper
procedures with respect to how we as a government lead the United
States.
This is far less a matter of possible differences between Republicans
and Democrats than it is our mutual concern for protecting the rightful
place of the legislative branch in determining the interests of the
country and the possible consequences of further military action. In
this regard, I point out that the principal sponsor of similar
legislation in the other body is Congressman Walter Jones, a
Republican, from North Carolina.
On the one hand, the administration assures us it has no intention of
launching military operations against Iran. On the other, the
administration tells us all options remain on the table, at a time when
our military buildup in the region continues to grow rapidly. While we
see encouraging diplomatic initiatives with respect to Iraq, it is
important that we clarify formally the perimeter of our immediate
military interests in the Middle East.
It is time we move forward to end our military involvement in Iraq,
and the path to doing so is not to widen the war into Iran. Proper
robust diplomacy will enable us to bring greater stability to the
region, to remove the American military from Iraq, to increase our
ability to defeat the forces of international terrorism, and, finally,
to focus on the true strategic challenges that face us around the
world.

I hope my colleagues will take note of the news articles today in the
media around the world that show China again has increased its defense
budget by double digits last year to the tune of 18 percent. These are
strategic challenges the United States is ignoring at its peril as it
remains paralyzed in the Middle East.
I believe the American people will welcome this legislation. This
administration has used force recklessly, choosing the military option
again and again, while never matching the quality of our military's
performance with robust, creative diplomacy. Furthermore, the
President's signing statement accompanying the 2002 congressional
resolution authorizing the use of force in Iraq indicates that this
administration believes it possesses the broadest imaginable authority
to commence military action without the consent of the Congress.
In signing that 2002 Iraq resolution, the President denied that the
Congress has the power to affect his decisions when it comes to the use
of our military. He shrugged off this resolution, stating that on the
question of a threat posed by Iraq, his views and those of the Congress
merely happen to be the same. He characterized the resolution as simply
a gesture of additional support rather than as having any legitimate
authority. He stated, and I think it is worth noting:

My signing this resolution does not constitute any change
in the President's constitutional authority to use force to
deter, prevent, or respond to aggression or other threats to
the United States interests.

This is a sweeping assertion of powers that leaves out virtually
nothing. It is a far different matter than repelling an immediate
attack or conducting a war that has been authorized by the Congress.
Let us match up a couple of those words. The President is saying, for
instance, he possesses the authority to use force to deter threats to
U.S. interests. How does one use force to deter a threat rather than
responding to it? What kind of U.S. interest is worthy of the use of
force? Most importantly, how do these vague terms fit into the
historically accepted notions of a Commander in Chief's power to repel
attacks or to conduct military operations once they have been approved
by the Congress?
During our recent hearings in the Senate Committee on Foreign
Relations, I asked both the Secretary of State, and the Deputy
Secretary of State during his confirmation hearings, for a
clarification of this paragraph. My question was whether this
administration believes it has the authority to conduct unilateral
military operations against Iran in the absence of a direct attack or a
compelling immediate threat, without the consent of the Congress. Both
wrote me lengthy letters in reply but neither could give me a clear
response.
The situation we now face is that the administration repeatedly
states it seeks no war with Iran at the same time it claims the
authority to begin one, and at the same time it continues a military
buildup in the region. The legislation I introduce today is intended to
clarify this ambiguity. In so doing, the Congress will be properly
restating its constitutional relationship

[[Page S2603]]

with the executive branch, the Congress will be reinstituting its
historical role as it relates to the conduct of foreign policy, and the
Congress will be reassuring the American people that there will be no
more shooting from the hip when it comes to the gravely serious
question of when we send our military people into harm's way.
I emphasize that this bill will not take any military operations off
the table nor will it tie the hands of the administration if our
military forces are actually attacked from Iranian soil or its
territorial waters or by forces that retreat into Iranian territory.
Nor does this legislation let Iran off the hook in terms of our
insistence that Iran become a more responsible nation, including our
positions regarding Iran's nuclear program and Iran's recognition of
Israel's right to exist.
I was one of the early voices warning that in terms of national
security Iran was a far greater threat than Iraq. This was one of the
reasons I opposed the invasion of Iraq in the first place. All of the
options regarding Iran remain on the table. The question is in what
context these options should be debated, alongside other options
designed to eventually open Iran and bring it responsibly into the
world community. In my view, and in terms of the constitutional
process, absent a direct attack or a clearly imminent threat, the place
for that debate is here in the open forum of the Congress and not in
some closed-door meeting at the White House.
It is my hope we can take up this necessary legislation either in the
format in which I have introduced it today or as an amendment to the
2007 supplemental appropriations bill, which we will consider in the
next few weeks. I look forward to working with my colleagues on both
sides of the aisle, and I would welcome their support.
______

By Mr. REID (for himself, Mr. McConnell, Mr. Bingaman, Mr.
Domenici, Mr. Inouye, Mr. Stevens, Mr. Kennedy. Mr. Enzi, Mr.
Lieberman, Mr. Ensign, Ms. Mikulski, Mr. Alexander, Mr. Nelson
of Florida, Mrs. Hutchison, Mr. Kerry, Mr. Smith, Mr. Menendez,
Mr. Roberts, Mr. Salazar, Mr. Cornyn, Mr. Pryor, Mr. Coleman,
Ms. Cantwell, Mr. Martinez, Mr. Carper, Ms. Murkowski, Mrs.
Clinton, Mr. Craig, Mr. Kohl, Mr. Lugar, Mr. Brown, Mr.
Voinovich, Mr. Rockefeller, Mr. Warner, Ms. Landrieu, and Mr.
Obama):
S. 761. A bill to invest in innovation and education to improve the
competitiveness of the United States in the global economy; read the
first time.
Mr. REID. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.

S. 761

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. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.

(a) Divisions.--This Act is organized into 4 divisions as
follows:
(1) Division a.--Commerce and Science.
(2) Division b.--Department of Energy.
(3) Division c.--Education.
(4) Division d.--National Science Foundation.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.

DIVISION A--COMMERCE AND SCIENCE

Sec. 1001. Short title.

TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT-WIDE
SCIENCE

Sec. 1101. National Science and Technology Summit.
Sec. 1102. Study on barriers to innovation.
Sec. 1103. National Innovation Medal.
Sec. 1104. Release of scientific research results.
Sec. 1105. Semiannual Science, Technology, Engineering, and Mathematics
Days.
Sec. 1106. Study of service science.

TITLE II--INNOVATION PROMOTION

Sec. 1201. President's Council on Innovation and Competitiveness.
Sec. 1202. Innovation acceleration research.

TITLE III--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Sec. 1301. NASA's contribution to innovation.
Sec. 1302. Aeronautics Institute for Research.
Sec. 1303. Basic research enhancement.
Sec. 1304. Aging workforce issues program.
Sec. 1305. Conforming amendments.
Sec. 1306. Fiscal year 2008 basic science and research funding.

TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Sec. 1401. Authorization of appropriations.
Sec. 1402. Amendments to the Stevenson-Wydler Technology Innovation Act
of 1980.
Sec. 1403. Innovation acceleration.
Sec. 1404. Manufacturing extension.
Sec. 1405. Experimental Program to Stimulate Competitive Technology.
Sec. 1406. Technical amendments to the National Institute of Standards
and Technology Act and other technical amendments.

TITLE V--OCEAN AND ATMOSPHERIC PROGRAMS

Sec. 1501. Ocean and atmospheric research and development program.
Sec. 1502. NOAA ocean and atmospheric science education programs.

DIVISION B--DEPARTMENT OF ENERGY

Sec. 2001. Short title.
Sec. 2002. Definitions.
Sec. 2003. Mathematics, science, and engineering education at the
Department of Energy.
Sec. 2004. Department of Energy early-career research grants.
Sec. 2005. Advanced Research Projects Authority-Energy.
Sec. 2006. Authorization of appropriations for the Department of Energy
for basic research.
Sec. 2007. Discovery science and engineering innovation institutes.
Sec. 2008. Protecting America's Competitive Edge (PACE) graduate
fellowship program.
Sec. 2009. Title IX compliance.
Sec. 2010. High-risk, high-reward research.
Sec. 2011. Distinguished scientist program.

DIVISION C--EDUCATION

Sec. 3001. Findings.
Sec. 3002. Definitions.

TITLE I--TEACHER ASSISTANCE

Subtitle A--Teachers for a Competitive Tomorrow

Sec. 3111. Purpose.
Sec. 3112. Definitions.
Sec. 3113. Programs for baccalaureate degrees in mathematics, science,
engineering, or critical foreign languages, with
concurrent teacher certification.
Sec. 3114. Programs for master's degrees in mathematics, science, or
critical foreign languages education.
Sec. 3115. General provisions.
Sec. 3116. Authorization of appropriations.

Subtitle B--Advanced Placement and International Baccalaureate Programs

Sec. 3121. Purpose.
Sec. 3122. Definitions.
Sec. 3123. Advanced Placement and International Baccalaureate programs.

TITLE II--MATH NOW

Sec. 3201. Math Now for elementary school and middle school students
program.

TITLE III--FOREIGN LANGUAGE PARTNERSHIP PROGRAM

Sec. 3301. Findings and purpose.
Sec. 3302. Definitions.
Sec. 3303. Program authorized.
Sec. 3304. Authorization of appropriations.

TITLE IV--ALIGNMENT OF EDUCATION PROGRAMS

Sec. 3401. Alignment of secondary school graduation requirements with
the demands of 21st century postsecondary endeavors and
support for P-16 education data systems.

DIVISION D--NATIONAL SCIENCE FOUNDATION

Sec. 4001. Authorization of appropriations.
Sec. 4002. Strengthening of education and human resources directorate
through equitable distribution of new funds.
Sec. 4003. Graduate fellowships and graduate traineeships.
Sec. 4004. Professional science master's degree programs.
Sec. 4005. Increased support for science education through the National
Science Foundation.
Sec. 4006. Meeting critical national science needs.
Sec. 4007. Reaffirmation of the merit-review process of the National
Science Foundation.
Sec. 4008. Experimental Program to Stimulate Competitive Research.
Sec. 4009. Encouraging participation.
Sec. 4010. Cyberinfrastructure.
Sec. 4011. Federal information and communications technology research.
Sec. 4012. Robert Noyce Teacher Scholarship Program.
Sec. 4013. Sense of the Senate regarding the mathematics and science
partnership programs of the Department of Education and
the National Science Foundation.

[[Page S2604]]

Sec. 4014. National Science Foundation teacher institutes for the 21st
century.

DIVISION A--COMMERCE AND SCIENCE

SEC. 1001. SHORT TITLE.

This division may be cited as the ``American Innovation and
Competitiveness Act''.

TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT-WIDE
SCIENCE

SEC. 1101. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.

(a) In General.--Not later than 180 days after the date of
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 and technology
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.
(b) Report.--Not later than 90 days after the date of the
conclusion of the Summit, the President shall issue a report
on the results of the Summit. The report shall identify key
research and technology challenges and recommendations 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 in 2008, the Director of
the Office of Science and Technology Policy shall publish and
submit to Congress an annual report that contains
recommendations for areas of investment for Federal research
and technology programs, including a justification for each
area identified in the report. Each report submitted during
the 5-year period beginning on the date of the conclusion of
the Summit shall take into account any recommendations made
by the Summit.

SEC. 1102. STUDY ON BARRIERS TO INNOVATION.

(a) In General.--Not later than 90 days after the date of
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) the extent to which Federal funding promotes or
hinders innovation; and
(11) 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;
(B) the rate of student entrance into institutions of
higher education by type of institution, and barriers to
access to institutions of higher education;
(C) the rates of--
(i) students successfully completing postsecondary
education programs; and
(ii) certificates, associate degrees, and baccalaureate
degrees awarded in the fields of science, technology,
engineering, and mathematics; 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 National Academy of Sciences
$1,000,000 for fiscal year 2008 for the purpose of carrying
out the study required under this section.

SEC. 1103. NATIONAL INNOVATION MEDAL.

Section 16 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3711) is amended--
(1) by striking the section heading and inserting ``SEC.
16. NATIONAL TECHNOLOGY AND INNOVATION MEDAL.''; and
(2) in subsection (a), by striking ``Technology Medal'' and
inserting ``Technology and Innovation Medal''.

SEC. 1104. RELEASE OF SCIENTIFIC RESEARCH RESULTS.

(a) Principles.--Not later than 90 days after the date of
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'').
(b) Implementation.--Not later than 180 days after the date
of 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.

SEC. 1105. 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 in a manner
similar to the Federal employee involvement described in
paragraph (2).

SEC. 1106. 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 270 days after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy, through the National Academy of
Sciences, shall conduct a study and report to Congress
regarding 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

[[Page S2605]]

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.

TITLE II--INNOVATION PROMOTION

SEC. 1201. 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 Council's duties 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) 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 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.
(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 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.
(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 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) Technical Amendment.--Section 101(b) of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511(b)) is
amended by striking ``an'' in the first sentence and
inserting ``a distinct''.
(f) 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. 1202. INNOVATION ACCELERATION RESEARCH.

(a) Program Established.--The President, through the head
of each Federal research agency, shall establish a program,
to be known as the Innovation Acceleration Research Program,
to support and promote innovation in the United States
through research projects that can yield results with far-
ranging or wide-ranging implications but are considered too
novel or span too diverse a range of disciplines to fare well
in the traditional peer review process. Priority in the
awarding of grants under this program shall be given to
research projects that--
(1) meet fundamental technology or scientific challenges;
(2) involve multidisciplinary work; and
(3) involve a high degree of novelty.
(b) Departments and Agencies.--
(1) Funding goals.--The President shall ensure that it is
the goal of each Executive agency (as defined in section 105
of title 5, United States Code) that finances research in
science, mathematics, engineering, and technology to allocate
approximately 8 percent of the agency's total annual research
and development budget to funding research, including grants,
under the Innovation Acceleration Research Program.
(2) Administration.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the head of each Executive agency
participating in the Innovation Acceleration Research Program
under paragraph (1) shall submit to the Director of the
Office of Science and Technology Policy and the Director of
the Office of Management and Budget a plan for implementing
the research program within such Executive agency. An
implementation plan may incorporate existing initiatives of
the Executive agencies that promote research in innovation as
described in subsection (a).
(B) Required metrics.--
(i) In general.--The head of each Executive agency
submitting an implementation plan pursuant to subparagraph
(A) shall include metrics upon which grant funding decisions
will be made and metrics for assessing the success of the
grants awarded.
(ii) Metrics for basic research.--The metrics developed
under clause (i) to assess basic research programs shall
assess management of the programs and shall not assess
specific scientific outcomes of the research conducted by the
programs.
(C) Grant duration and renewals.--
(i) In general.--Any grants issued by an Executive agency
under this section shall be for a period not to exceed 3
years.
(ii) Evaluation.--Not later than 90 days prior to the
expiration of a grant issued under this section, the
Executive agency that approved the grant shall complete an
evaluation of the effectiveness of the grant based on the
metrics established pursuant to subparagraph (B). In its
evaluation, the Executive agency shall consider the extent to
which the program funded by the grant met the goals of
quality improvement and job creation.
(iii) Publication of review.--The Executive agency shall
publish and make available to the public the review of each
grant approved pursuant to this section.
(iv) Failure to meet metrics.--Any grant that the Executive
agency awarding the grant determines has failed to satisfy
any of the metrics developed pursuant to subparagraph (B),
shall not be eligible for a renewal.
(v) Renewal.--A grant issued under this section that
satisfies all of the metrics developed pursuant to
subparagraph (B), may be renewed once for a period of not
more than 3 years. Additional renewals may be considered only
if the head of the Executive agency makes a specific finding
that the program being funded involves a significant
technology or scientific advance that requires a longer time
frame to complete critical research, and the research
satisfies all the metrics developed pursuant to subparagraph
(B).

[[Page S2606]]

(vi) Waiver.--The head of the Executive agency may
authorize a waiver of the requirement of clauses (iv) and (v)
related to satisfying metric requirements if he or she
determines that the grant failed to meet a small number of
metrics and the failure was not significant for the overall
performance of the grant.
(c) Definitions.--In this section:
(1) Federal research agency.--The term ``Federal research
agency'' means a major organizational component of a
department or agency of the Federal Government, or other
establishment of the Federal Government operating with
appropriated funds, that has as its primary purpose the
performance of scientific research.
(2) Major organizational component.--The term ``major
organizational component'', with respect to a department,
agency, or other establishment of the Federal Government,
means a component of the department, agency, or other
establishment that is administered by an individual whose
rate of basic pay is not less than the rate of basic pay
payable under level V of the Executive Schedule under section
5316 of title 5, United States Code.

TITLE III--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SEC. 1301. 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.
(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. 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 such
Act (42 U.S.C. 16631 and 16632) and at appropriate levels in
subsequent fiscal years would enable a fair balance among
science, aeronautics, education, exploration, and human space
flight programs and allow full participation in any
interagency efforts to promote innovation and economic
competitiveness.
(d) 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.
(D) Measurement of how each program improved student
achievement, including with regard to challenging State
achievement standards.

SEC. 1302. AERONAUTICS INSTITUTE FOR RESEARCH.

(a) Establishment.--
(1) In general.--The Administrator of the National
Aeronautics and Space Administration shall establish within
the Administration an Aeronautics Institute for Research for
the purpose of managing the aeronautics research carried out
by the Administration.
(2) Director.--The Institute shall be headed by a Director
with appropriate experience in aeronautics research and
development.
(b) Duties.--The Institute shall implement the programs
authorized under title IV of the National Aeronautics and
Space Administration Authorization Act of 2005 (42 U.S.C.
16701 et seq.).
(c) Cooperation With Other Agencies.--
(1) In general.--The Institute shall operate in conjunction
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 the Vision 100--Century of Aviation Reauthorization Act
(Public Law 108-176; 117 Stat. 2490).
(2) Resources.--The Director of the Institute may accept
assistance, staff, and funding from those Departments and
other Federal agencies. Any such funding shall be in addition
to funds authorized for aeronautics under the National
Aeronautics and Space Administration Authorization Act of
2005 (Public Law 109-155).
(3) Other coordination.--The Director of the Institute may
utilize the Next Generation Air Transportation Senior Policy
Committee established under section 710 of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176;
49 U.S.C. 40101 note) to coordinate its programs with other
Departments and agencies.
(d) Partnerships.--In developing and carrying out its
plans, the Institute shall consult with the public and ensure
the participation of experts from the private sector
including representatives of commercial aviation, general
aviation, aviation labor groups, aviation research and
development entities, aircraft and air traffic control
suppliers, and the space industry.

SEC. 1303. 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 and fundamental research
activities related to physical sciences, technology,
engineering and mathematics.
(b) Establishment of Basic Research Executive Council.--In
order to ensure effective application of resources to basic
science activity and to facilitate cooperative basic and
fundamental research activities with other governmental
organizations, the Administrator of the National Aeronautics
and Space Administration shall establish within the
Administration a Basic Research Executive Council to oversee
the distribution and management of programs and resources
engaged in support of basic research activity.
(c) Membership.--The membership of the Basic Research
Executive Council shall consist of the most senior agency
official representing each of the following areas of
research:
(1) Space Science.
(2) Earth Science.
(3) Life and Microgravity Sciences.
(4) Aeronautical Research.
(d) Leadership.--The Basic Research Executive Council shall
be chaired by an individual appointed for that purpose who
shall have, as a minimum, a appropriate graduate degree in a
recognizable discipline in the physical sciences, and
appropriate experience in the conduct and management of basic
research activity. The Chairman of the Council shall report
directly to the Administrator of the National Aeronautics and
Space Administration.
(e) Supporting Resources and Personnel.--The Chairman of
the Basic Research Executive Council shall be provided with
adequate administrative staff support to conduct the activity
and functions of the Council.
(f) Duties.--The Basic Research Executive Council shall
have, at minimum, the following duties:
(1) To establish criteria for the identification of
research activity as basic in nature.
(2) To establish, in consultation with the Office of
Science and Technology Policy, the National Science
Foundation, the National Academy of Sciences, the National
Institutes of Health, and other appropriate external
organizations, a prioritization of fundamental research
activity to be conducted by the National Aeronautics and
Space Administration, to be reviewed and updated on an annual
basis, taking into consideration evolving national research
priorities.
(3) To monitor, review, and evaluate all basic research
activity of the National Aeronautics and Space Administration
for compliance with basic research priorities established
under paragraph (2).
(4) To make recommendations to the Administrator of the
National Aeronautics and Space Administration regarding
adjustments in the basic research activities of the
Administration to ensure consistency with the research
priorities established under this section.
(5) To provide an annual report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science of the House of Representatives
outlining the activities of the Council during the preceding
year and the status of basic research activity within the
Administration. The initial such report, to serve as a
baseline document, shall be provided within 90 days after the
establishment and initial operations of the Council.

SEC. 1304. 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 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 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.

[[Page S2607]]

SEC. 1305. CONFORMING AMENDMENTS.

Section 101(d) of the National Aeronautics and Space
Administration Authorization Act of 2005 (42 U.S.C. 16611(d))
is amended--
(1) by striking ``and'' after the semicolon in paragraph
(2)(B);
(2) by striking ``Act.'' in paragraph (2)(C) and inserting
``Act; and'';
(3) by adding at the end of paragraph (2) the following:
``(D) the number and content of science activities which
are undertaken in support of science missions described in
subparagraph (A), and the number and content of science
activities which may be considered as fundamental, or basic
research, whether incorporated within specific missions or
conducted independently of any specific mission.''; and
(4) by adding at the end of paragraph (3) the following:
``(H) How NASA science activities can best be structured to
ensure that basic and fundamental research can be effectively
maintained and coordinated in response to national goals in
competitiveness and innovation, and in contributing to
national scientific, technology, engineering and mathematics
leadership.''.

SEC. 1306. FISCAL YEAR 2008 BASIC SCIENCE AND RESEARCH
FUNDING.

Notwithstanding any other provision of law, the
Administrator of the National Aeronautics and Space
Administration shall increase funding for basic science and
research, including for the Explorer Program, for fiscal year
2008 by $160,000,000 by transferring such amount for such
purpose from accounts of the National Aeronautics and Space
Administration. The transfer shall be contingent upon the
availability of unobligated balances to the National
Aeronautics and Space Administration.

TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 1401. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of
Commerce for the use of the National Institute of Standards
and Technology--
(1) for fiscal year 2008, $703,611,000, of which
$115,000,000 shall be used for the Hollings Manufacturing
Extension Partnership Program;
(2) for fiscal year 2009, $773,972,000, of which
$120,000,000 shall be used for the Hollings Manufacturing
Extension Partnership Program;
(3) for fiscal year 2010, $851,369,000, of which
$125,000,000 shall be used for the Hollings Manufacturing
Extension Partnership Program; and
(4) for fiscal year 2011, $936,506,000, of which
$130,000,000 shall be used for the Hollings Manufacturing
Extension Partnership Program.

SEC. 1402. 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
repealed.
(b) 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) 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.
(3) Repeal of authorization.--Section 21(a) of the
Stevenson-Wydler Technology Innovation Act of 1980 (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;''.
(4) 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).
(5) 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. 1403. INNOVATION ACCELERATION.

(a) Program.--In order to implement section 1202 of this
Act, the Director of the National Institute of Standards and
Technology shall--
(1) establish a program linked to the goals and objectives
of the measurement laboratories, to be known as the
``Standards and Technology Acceleration Research Program'',
to support and promote innovation in the United States
through high-risk, high-reward research; and
(2) set aside, from funds available to the measurement
laboratories, an amount equal to not less than 8 percent of
the funds available to the Institute each fiscal year for
such Program.
(b) External Funding.--The Director shall ensure that at
least 80 percent of the funds available for such Program
shall be used to award competitive, merit-reviewed grants,
cooperative agreements, or contracts to public or private
entities, including businesses and universities. In selecting
entities to receive such assistance, the Director shall
ensure that the project proposed by an entity has scientific
and technical merit and that any resulting intellectual
property shall vest in a United States entity that can
commercialize the technology in a timely manner. Each
external project shall involve at least one small or medium-
sized business and the Director shall give priority to joint
ventures between small or medium-sized businesses and
educational institutions. Any grant shall be for a period not
to exceed 3 years.
(c) Competitions.--The Director shall solicit proposals
annually to address areas of national need for high-risk,
high-reward research, as identified by the Director.
(d) Annual Report.--Each year the Director shall issue an
annual report describing the program's activities, including
include a description of the metrics upon which grant funding
decisions were made in the previous fiscal year, any proposed
changes to those metrics, metrics for evaluating the success
of ongoing and completed grants, and an evaluation of ongoing
and completed grants. The first annual report shall include
best practices for management of programs to stimulate high-
risk, high-reward research.
(e) Administrative Expenses.--No more than 5 percent of the
finding available to the program may be used for
administrative expenses.
(f) High-Risk, High-Reward Research Defined.--In this
section, the term ``high-risk, high-reward research'' means
research that--
(1) has the potential for yielding results with far-ranging
or wide-ranging implications;
(2) addresses critical national needs related to
measurement standards and technology; and
(3) is too novel or spans too diverse a range of
disciplines to fare well in the traditional peer review
process.

SEC. 1404. MANUFACTURING EXTENSION.

(a) Manufacturing Center Evaluation.--Section 25(c)(5) 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.''.
(b) 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.--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. Such funds from
the private sector, if allocated to a Center or Centers,
shall not be considered in the calculation of the Federal
share of capital and annual operating and maintenance costs
under subsection (c).''.

SEC. 1405. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
TECHNOLOGY.

(a) In General.--The Director of the National Institutes of
Standards and Technology shall re-establish the Experimental
Program to Stimulate Competitive Technology. The purpose of
the program shall be to strengthen the technological
competitiveness of those States that have historically
received less Federal research and development funds than a
majority of the States have received.
(b) Arrangements.--In carrying out the program, the
Director shall cooperate with State, regional, or local
science and technology-based economic development
organization and with representatives of small business firms
and other appropriate technology-based businesses.
(c) Grants and Cooperative Agreements.--In carrying out the
program, the Director may make grants or enter into
cooperative agreements to provide for--
(1) technology research and development;
(2) technology transfer from university research;
(3) technology deployment and diffusion; and
(4) the strengthening of technological and innovation
capabilities through consortia comprised of--
(A) technology-based small business firms;
(B) industries and emerging companies;
(C) institutions of higher education including community
colleges; and
(D) State and local development agencies and entities.
(d) Requirements for Making Awards.--
(1) In general.--In making awards under this section, the
Director shall ensure that the awards are awarded on a
competitive basis that includes a review of the merits of the
activities that are the subject of the award, giving special
emphasis to those projects which will increase the
participation of women, Native Americans (including Native
Hawaiians and Alaska Natives), and underrepresented groups in
science and technology.
(2) Matching requirement.--The non-Federal share of the
activities (other than planning activities) carried out under
an award under this subsection shall be not less than 50
percent of the cost of those activities.

[[Page S2608]]

(e) Criteria for States.--The Director shall establish
criteria for achievement by each State that participates in
the program. Upon the achievement of all such criteria, a
State shall cease to be eligible to participate in the
program.
(f) Coordination.--To the extent practicable, in carrying
out this subsection, the Director shall coordinate the
program with other programs of the Department of Commerce.
(g) Report.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director shall prepare and submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science of the House of
Representatives a report that meets the requirements of this
subsection.
(2) Requirements for report.--The report required by this
subsection shall contain--
(A) a description of the structure and procedures of the
program;
(B) a management plan for the program;
(C) a description of the merit-based review process to be
used in the program;
(D) milestones for the evaluation of activities to be
assisted under the program in fiscal year 2008;
(E) an assessment of the eligibility of each State that
participates in the Experimental Program to Stimulate
Competitive Research of the National Science Foundation to
participate in the program under this subsection; and
(F) the evaluation criteria with respect to which the
overall management and effectiveness of the program will be
evaluated.

SEC. 1406. 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-1)
is amended by striking ``up to 1 per centum of the'' in the
first sentence.
(b) Financial Agreements.--
(1) 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,''.
(2) Memberships.--Section 2(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(c)) is amended--
(A) by striking ``and'' after the semicolon in paragraph
(21);
(B) by redesignating paragraph (22) as paragraph (23); and
(C) by inserting after paragraph (21) the following:
``(22) notwithstanding subsection (b)(4) of this section,
sections 6301 through 6308 of title 31, United States Code
(commonly known as the `Grants and Cooperative Agreements
Act'), sections 3551 through 3556 of such title (commonly
known as the `Competition in Contracting Act'), and the
Federal Acquisition Regulations set forth in title 48, Code
of Federal Regulations, to expend appropriated funds for
National Institute of Standards and Technology memberships in
scientific organizations, registration fees for attendance at
conferences, and sponsorship of conferences in furtherance of
technology transfer; and''.
(c) Working Capital Fund.--Section 12 of the National
Institute of Standards and Development Act (15 U.S.C. 278b)
is amended by adding at the end the following:
``(g) Amount and Source of Transfers.--Not to exceed one-
quarter per centum of the amounts appropriated to the
Institute for any fiscal year may be transferred to the fund,
in addition to any other transfer authority. In addition,
funds provided to the Institute from other Federal agencies
for the purpose of production of Standard Reference Materials
may be transferred to the fund.''.
(d) Outdated Specifications.--
(1) Redefinition of metric system.--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. 2. 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 of 1950'' (15 U.S.C. 223) is hereby repealed.
(3) 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--
(A) in the section heading, by striking ``third zone'' and
inserting ``fourth zone''; and
(B) by striking ``third zone'' and inserting ``fourth
zone''.
(4) 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.''.
(e) 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 National Institute of Standards and Technology's
existing facilities.''.
(f) Non-Energy Inventions Program.--Section 27 of the
National Institute of Standards and Technology Act (15 U.S.C.
278m) is repealed.

TITLE V--OCEAN AND ATMOSPHERIC PROGRAMS

SEC. 1501. 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 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. 1502. 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, 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).

DIVISION B--DEPARTMENT OF ENERGY

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Protecting America's
Competitive Edge Through Energy Act'' or the ``PACE-Energy
Act''.

SEC. 2002. DEFINITIONS.

In this division:
(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 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, acting through the Under Secretary for Science
appointed under section 202(b) of the Department of Energy
Organization Act (42 U.S.C. 7132(b)).

SEC. 2003. MATHEMATICS, SCIENCE, AND ENGINEERING 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) through (d) as
subsections (c) through (e), respectively;
(2) by inserting after subsection (a) the following:
``(b) Organization of Mathematics, Science, and Engineering
Education Programs.--

[[Page S2609]]

``(1) Director of mathematics, science and engineering
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 Mathematics, Science, and
Engineering Education (referred to in this subsection as the
`Director') with the principal responsibility for
administering mathematics, science, and engineering 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 mathematics, science, and engineering
education at the Department.
``(3) Duties.--The Director shall--
``(A) oversee all mathematics, science, and engineering
education programs of the Department;
``(B) represent the Department as the principal interagency
liaison for all mathematics, science, and engineering
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 mathematics, science,
and engineering 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 related to mathematics,
science, and engineering 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 mathematics,
science, and engineering education programs of the
Department.
``(B) Considerations.--An assessment under this paragraph
shall be conducted taking into consideration, where
applicable, the effect of mathematics, science, and
engineering education programs of the Department on student
academic achievement in math and science.
``(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) Mathematics, Science, and Engineering Education
Fund.--The Secretary shall establish a Mathematics, Science,
and Engineering 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.''.
(b) Consultation.--The Secretary shall--
(1) consult with the Secretary of Education regarding
activities authorized under subpart B of the Department of
Energy Science Education Enhancement Act (as added by
subsection (d)(3)) to improve mathematics and science
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) Mathematics, Science, and Engineering 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 the following:

``Subpart A--Science Education Enhancement'';

(2) in section 3169, by striking ``part'' and inserting
``subpart''; and
(3) by adding at the end the following:

``Subpart B--Mathematics, Science, and Engineering Education Programs

``SEC. 3170. DEFINITIONS.

``In this subpart:
``(1) Director.--The term `Director' means the Director of
Mathematics, Science, and Engineering 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--ASSISTANCE FOR SPECIALTY SCHOOLS FOR MATHEMATICS AND
SCIENCE

``SEC. 3171. SPECIALTY SCHOOLS FOR MATHEMATICS AND SCIENCE.

``(a) Purpose.--The purpose of this section is to provide
assistance to States to establish or expand public, statewide
specialty secondary schools that provide comprehensive
mathematics and science (including engineering) education to
improve the academic achievement of students in mathematics
and science.
``(b) Definition of Specialty School for Mathematics and
Science.--In this chapter, the term `specialty school for
mathematics and science' 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 mathematics and science (including engineering)
curriculum designed to improve the academic achievement of
students in mathematics and science.
``(c) Grants Authorized.--
``(1) In general.--From the amounts authorized under
subsection (i), the Secretary, acting through the Director,
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 mathematics and science.
``(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 mathematics and science 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 necessary funds for 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) Restriction.--No State shall receive funding for more
than 1 specialty school for mathematics and science for a
fiscal year.
``(d) Federal and Non-Federal Shares.--
``(1) Federal share.--The Federal share of the costs
described in subsection (c)(1) shall not exceed 50 percent.
``(2) Non-federal share.--The non-Federal share of the
costs described in subsection (c)(1) shall be--
``(A) not less than 50 percent; and
``(B) provided from non-Federal sources, in cash or in
kind, fairly evaluated, including services.
``(e) Application.--Each State 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 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 mathematics and science 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 mathematics and science--
``(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 mathematics and science;
``(3) how the State will measure the extent to which the
school increases student academic achievement on State
academic achievement standards in mathematics and science;
``(4) the curricula and materials to be used in the school;
``(5) the availability of funds from non-Federal sources
for the non-Federal share of 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 mathematics and science 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) In general.--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 mathematics and science;
``(B) integrate into the curriculum of the school
comprehensive mathematics and science education, including
instruction and assessments that are aligned with the State's
academic content and student academic achievement standards
(within the meaning of section 1111 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311)), classroom
management, professional development, parental involvement,
and school management; and
``(C) provide high-quality and continuous teacher and staff
professional development.
``(2) Special rule.--Grant funds under this section may be
used for activities described

[[Page S2610]]

in paragraph (1) only if the activities are directly related
to improving student academic achievement in mathematics and
science.
``(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 mathematics and science 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 to the appropriate committees of Congress
detailing the impact of the activities assisted with funds
made available under this section.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $20,000,000 for fiscal year 2008;
``(2) $30,000,000 for fiscal year 2009;
``(3) $40,000,000 for fiscal year 2010; and
``(4) $50,000,000 for fiscal year 2011.

``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; and
``(B) promote experiential, hands-on learning in
mathematics or science.
``(2) Residential services.--The Director may provide
residential services to students participating in the
Internship authorized under this chapter.
``(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.
``(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 6,
7, or 8, 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 math, science, and engineering.
``(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 $15,000,000 for
each of fiscal years 2008 through 2011.

``CHAPTER 3--NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN MATHEMATICS
AND SCIENCE EDUCATION

``SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN
MATHEMATICS AND SCIENCE EDUCATION.

``(a) Definition of High-Need Public Secondary School.--In
this chapter, 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 6, 7, or 8,
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 Mathematics and Science at 1 high-need public
secondary school located in the region of the National
Laboratory to provide assistance in accordance with
subsection (f).
``(c) Partnership.--Each high-need public secondary school
selected as a Center of Excellence shall form a partnership
with a department that provides training for teachers and
principals at an institution of higher education for purposes
of compliance with subsection (g).
``(d) Selection.--
``(1) In general.--The Secretary, acting through the
Director, shall establish criteria to guide the National
Laboratories in selecting the sites of the Centers of
Excellence.
``(2) Process.--The National Laboratories shall select the
sites of the Centers 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 funds for a
program using scientific and engineering staff of the
National Laboratories, during which the staff--
``(1) assists teachers in teaching courses at the Centers
of Excellence in Mathematics and Science; and
``(2) uses National Laboratory scientific equipment in the
teaching of the courses.
``(g) Special Rule.--Each Center of Excellence shall
ensure--
``(1) provision of clinical practicum, student teaching, or
internship experiences for math and science teacher
candidates as part of its teacher preparation program;
``(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 chapter 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 subpart
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 mathematics or science (including engineering)
department at an institution of higher education, acting in
coordination with a department 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 mathematics or science teachers.
``(2) Summer institute.--The term `summer institute' means
an institute, conducted during the summer, that--
``(A) is conducted for a period of not less than 2 weeks;
``(B) 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; and
``(C) provides for follow-up training, during the academic
year, that is conducted in the classroom.
``(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
mathematics and science teaching skills of teachers employed
at public schools for kindergarten through grade 12, in
accordance with the activities authorized under subsections
(c) and (d).
``(2) Programs with eligible partners.--
``(A) In general.--The Secretary, acting through the
Director, shall identify and provide assistance to eligible
partners to establish or expand programs of summer institutes
that provide additional training to strengthen the
mathematics and science teaching skills of teachers employed
at public schools for kindergarten through grade 12, in
accordance with the activities authorized under subsections
(c) and (d).

[[Page S2611]]

``(B) Assistance.--Consistent with sections 3165 and 3166,
the Director shall make available necessary funds for 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.
``(C) Limitation of amount.--To carry out this paragraph,
the Director may use not more than 50 percent of the amounts
authorized under subsection (h) for a fiscal year.
``(c) Required Activities.--Each program authorized under
subsection (b) shall--
``(1) create opportunities for enhanced and ongoing
professional development for teachers that improves the
mathematics and science content knowledge of such teachers;
``(2) include material pertaining to recent developments in
mathematics and science pedagogy;
``(3) provide training on the use and integration of
technology in the classroom;
``(4) directly relate to the curriculum and academic areas
in which the teachers provide instruction;
``(5) enhance the ability of the teachers to understand and
use the challenging State academic content standards for
mathematics and science and to select appropriate curricula;
``(6) train teachers to use curricula that are--
``(A) based on scientific research;
``(B) aligned with challenging State academic content
standards; and
``(C) object-centered, experiment-oriented, and concept-
and content-based;
``(7) provide professional development activities,
including supplemental and follow-up activities; and
``(8) allow for the exchange of best practices among the
participants.
``(d) Permissible Activities.--A program authorized under
subsection (b) may include--
``(1) a program that provides teachers with opportunities
to work under the guidance of experienced teachers and
college faculty;
``(2) instruction in the use and integration of data and
assessments to inform and instruct classroom practice; and
``(3) extended master teacher programs.
``(e) 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 disadvantaged school districts; and
``(3) teachers from groups underrepresented in the fields
of mathematics and science teaching, including women and
members of minority groups.
``(f) 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).
``(g) 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
mathematics and science teachers who participate in the
summer institutes involved; and
``(B) measurable objectives for improved student academic
achievement on State mathematics and science 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 mathematics and science teaching skills of
participating teachers.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $25,000,000 for fiscal year 2008;
``(2) $40,000,000 for fiscal year 2009;
``(3) $50,000,000 for fiscal year 2010; and
``(4) $75,000,000 for fiscal year 2011.

``CHAPTER 5--NUCLEAR SCIENCE EDUCATION

``SEC. 3191. 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 of 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, acting through the
Director, 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, acting through the
Director, 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) Eligibility.--To be eligible for a grant under this
subsection, an applicant shall partner 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 shall be 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; or
``(D) support outreach efforts to recruit students.
``(e) Nuclear Science Competitiveness Grants for
Institutions of Higher Education.--
``(1) In general.--The Secretary, acting through the
Director shall award up to 10 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 shall be 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) $9,000,000 for fiscal year 2008;
``(B) $13,000,000 for fiscal year 2009;
``(C) $18,000,000 for fiscal year 2010; and
``(D) $22,500,000 for fiscal year 2011.
``(2) Nuclear science competitiveness grants for
institutions of higher education.--There are authorized to be
appropriated to carry out subsection (e)--
``(A) $11,000,000 for fiscal year 2008;
``(B) $16,500,000 for fiscal year 2009;
``(C) $22,000,000 for fiscal year 2010; and
``(D) $27,500,000 for fiscal year 2011.''.

SEC. 2004. DEPARTMENT OF ENERGY EARLY-CAREER RESEARCH GRANTS.

(a) Purpose.--It is the purpose of this section to
authorize research grants in the Department for early-career
scientists and engineers for purposes of pursuing independent
research.
(b) Definition of Eligible Early-Career Researcher.--In
this section, the term ``eligible early-career researcher''
means an individual who--
(1) completed a doctorate or other terminal degree not more
than 10 years before the date of application for a grant
authorized under this section, except as provided in
subsection (c)(3); and
(2) has demonstrated promise in the field of science,
technology, engineering, mathematics, computer science, or
computational science.
(c) Grant Program Authorized.--
(1) In general.--The Secretary shall award not less than 65
grants per year to outstanding eligible early-career
researchers to support the work of such researchers in the
Department, particularly at the National Laboratories, or
other federally-funded research and development centers.
(2) Application.--An eligible early-career researcher who
desires to receive a grant under this section shall submit to
the Secretary an application at such time, in such manner,
and accompanied by such information as the Secretary may
require.

[[Page S2612]]

(3) Waiver.--The Secretary may find eligible a candidate
who has completed a doctorate more than 10 years prior to the
date of application if the candidate was unable to conduct
research for a period of time because of extenuating
circumstances, including military service or family
responsibilities.
(4) Duration and amount.--
(A) Duration.--A grant under this section shall be 5 years
in duration.
(B) Amount.--An eligible early career-researcher who
receives a grant under this section shall receive up to
$100,000 for each year of the grant period.
(5) Use of funds.--An eligible early career-researcher who
receives a grant under this section shall use the grant funds
for basic research in natural sciences, engineering,
mathematics, or computer sciences at the Department,
particularly the National Laboratories, or other federally-
funded research and development center.
(6) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section--
(A) $13,000,000 for fiscal year 2008;
(B) $19,500,000 for fiscal year 2009;
(C) $26,000,000 for fiscal year 2010; and
(D) $32,500,000 for fiscal year 2011.

SEC. 2005. ADVANCED RESEARCH PROJECTS AUTHORITY-ENERGY.

(a) Definitions.--In this section:
(1) Advisory board.--The term ``Advisory Board'' means the
Advisory Board established under subsection (d).
(2) Authority.--The term ``Authority'' means the Advanced
Research Projects Authority--Energy established under
subsection (b).
(3) Director.--The term ``Director'' means the Director of
the Authority appointed under subsection (c)(1).
(4) Energy technology.--The term ``energy technology''
means technology, including carbon-neutral technology, used
for--
(A) fossil energy;
(B) carbon sequestration;
(C) nuclear energy;
(D) renewable energy;
(E) energy distribution; or
(F) energy efficiency technology.
(b) Establishment.--The Secretary shall establish an
Advanced Research Projects Authority-Energy to overcome the
long-term and high-risk technological barriers in the
development of energy technologies.
(c) Director.--
(1) Appointment.--The Secretary shall appoint a Director of
the Authority.
(2) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience, is
especially qualified to advise the Secretary on matters
pertaining to long-term, high-risk programs to overcome long-
term and high-risk technological barriers to the development
of energy technologies.
(3) Duties.--The Director shall--
(A) employ such qualified technical staff as are necessary
to carry out the duties of the Authority, including providing
staff for the Advisory Committee;
(B) serve as the selection official for proposals relating
to energy technologies that are solicited within the
Department;
(C) develop metrics to assist in developing funding
criteria and for assessing the success of existing programs;
(D) terminate programs carried out under this section that
are not achieving the goals of the programs; and
(E) perform such duties relating to long-term and high-risk
technological barriers in the development of energy
technologies as are determined to be appropriate by the
Secretary.
(d) Advisory Board.--
(1) Appointment.--The Secretary shall, consistent with the
Federal Advisory Committee Act (5 U.S.C. App.), establish,
and appoint members to, an Advisory Board to make
recommendations to the Secretary and the Director on actions
necessary to carry out this section.
(2) Qualifications.--The Advisory Board shall consist of
individuals who, by reason of professional background and
experience, are especially qualified to advise the Secretary
and the Director on matters pertaining to long-term and high-
risk technological barriers in the development of energy
technologies.
(3) Term.--A member of the Advisory Board shall be
appointed for a term of 5 years.
(4) Information.--Each fiscal year, individuals who carry
out energy technology programs of the Department and staff of
the Authority shall provide to the Advisory Board written
proposals and oral briefings on long-term and high-risk
technological barriers that are critical to overcome for the
successful development of energy technologies.
(5) Duties.--Each fiscal year, the Advisory Board shall--
(A) recommend to the Secretary and the Director--
(i) in order of priority, proposals of energy programs of
the Department that are critical to overcoming long-term and
high-risk technological barriers to enable the successful
development of energy technologies; and
(ii) additional programs not covered in the proposals that
are critical to overcoming the barriers described in clause
(i); and
(B) based on the metrics described in subsection (c)(3)(C),
make recommendations to the Secretary and the Directory
concerning whether programs funded under this section are
achieving the goals of the programs.
(e) Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall enter into an
agreement with the National Academy of Sciences under which
the Academy shall--
(1) conduct reviews during each of calendar years 2010 and
2012 to determine the success of the activities carried out
under this section; and
(2) submit to Congress, the Secretary, and the Director a
report describing the results of each review.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2008 through 2011.

SEC. 2006. AUTHORIZATION OF APPROPRIATIONS FOR THE 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)--
(A) by striking ``$5,200,000,000'' and inserting
``$4,800,000,000''; and
(B) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(4) $4,945,000,000 for fiscal year 2010; and
``(5) $5,265,000,000 for fiscal year 2011.''.

SEC. 2007. 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 related to the missions of the
Department and 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
related to--
(1) sustainable energy technologies;
(2) multi-scale 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 to--
(A) train undergraduate and graduate engineering and
science students;
(B) develop innovative educational curricula; and
(C) conduct research within the topical areas described in
subsection (b);
(2) private industry to develop innovative technologies
within the topical areas described in subsection (b);
(3) State and local governments to promote regionally-based
commercialization and entrepreneurship; and
(4) financing entities to guide successful technology
commercialization.
(d) Merit-Based Selection.--The selection of Institutes
under this section shall be merit-based and made through an
open, competitive selection process.
(e) Restriction.--Not more than 3 Institutes shall receive
grants for a fiscal year.
(f) Review.--The Secretary shall enter into an agreement
with the National Academy of Sciences under which the Academy
shall, not later than 3 and 6 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.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the activities of each
Institute selected under this section $10,000,000 for each of
fiscal years 2008 through 2011.

SEC. 2008. 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.
(2) Criteria.--The Secretary shall establish selection
criteria for awarding fellowships under this section that
require an eligible student to--
(A) pursue a field of science or engineering of importance
to the mission area of the Department;
(B) rank in the upper 10 percent of the class of the
eligible student;
(C) demonstrate to the Secretary--
(i) the capacity to understand technical topics related 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 related to the fellowship; and

[[Page S2613]]

(D) 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;
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 for a period of not greater than 5 years.
(3) Portability.--A fellowship awarded under this section
shall be portable with the fellow.
(e) Administration.--The Secretary (acting through the
Director of Mathematics, Science, and Engineering
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.--
(1) Fellowships.--There are authorized to be appropriated
to award fellowships under this section--
(A) $9,300,000 for 200 fellowships for fiscal year 2008;
(B) $14,500,000 for 300 fellowships for fiscal year 2009
(including non-expiring fellowships for prior fiscal years);
(C) $25,000,000 for 500 fellowships for fiscal year 2010
(including non-expiring fellowships for prior fiscal years);
and
(D) $35,500,000 for 700 fellowships for fiscal year 2011
(including non-expiring fellowships for prior fiscal years).
(2) Administration.--There are authorized to be
appropriated for administrative expenses incurred in carrying
out this section--
(A) $1,000,000 for fiscal year 2008;
(B) $1,500,000 for fiscal year 2009;
(C) $2,500,000 for fiscal year 2010; and
(D) $3,500,000 for fiscal year 2011.

SEC. 2009. TITLE IX COMPLIANCE.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes actions taken
by the Department of Energy to implement the recommendations
in the report of the Government Accountability Office
numbered 04-639.
(b) Compliance.--To comply with title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), the Secretary of
Energy shall annually conduct compliance reviews of at least
2 recipients of Department of Energy grants.

SEC. 2010. HIGH-RISK, HIGH-REWARD RESEARCH.

(a) Definition of High-Risk, High-Reward Research.--In this
section, the term ``high-risk, high reward research'' means
research that--
(1) has the potential for yielding results with far-ranging
implications;
(2) is too novel or spans too diverse a range of
disciplines to fare well in the traditional peer review
process; and
(3) is supportive of the missions of the sponsoring agency.
(b) Establishment of Grant Programs.--
(1) Energy grant program.--The Secretary shall establish a
grant program to encourage the conduct of high-risk, high-
reward research at the Department.
(2) Geological grant program.--The Director of the United
States Geological Survey shall establish a grant program to
encourage the conduct of high-risk, high-reward research at
the United States Geological Survey.

SEC. 2011. 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 the 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.--Successful candidates under this
section shall be persons who, by reason of professional
background and experience, are able to bring international
recognition to the appointing institution of higher education
and National Laboratory in their field of scientific
endeavor.
(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 be
for 6 years, consisting 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 Director determines are
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) $30,000,000 for fiscal year 2008 (to support up to 30
appointments under this section);
(2) $60,000,000 for fiscal year 2009 (to support up to 60
such appointments); and
(3) $100,000,000 for each of fiscal years 2010 and 2011 (to
support up to 100 such appointments).

DIVISION C--EDUCATION

SEC. 3001. 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, and mathematics 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. 3002. DEFINITIONS.

(a) ESEA Definitions.--Unless otherwise specified in this
division, the terms used in this division 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 division:
(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) Secretary.--The term ``Secretary'' means the Secretary
of Education.

TITLE I--TEACHER ASSISTANCE

Subtitle A--Teachers for a Competitive Tomorrow

SEC. 3111. PURPOSE.

The purpose of this subtitle is--
(1) to develop and implement programs to provide integrated
courses of study in mathematics, science, engineering, or
critical foreign languages, and teacher education, that lead
to a baccalaureate degree with concurrent teacher
certification; and
(2) to develop and implement 2- or 3-year part-time
master's degree programs in mathematics, science, or critical
foreign language education for teachers in order to enhance
the teachers' content knowledge and pedagogical skills.

SEC. 3112. DEFINITIONS.

In this subtitle:
(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 subtitle on behalf of a department of
mathematics, engineering, science, or critical foreign
language for use in carrying out activities assisted under
this subtitle.
(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

[[Page S2614]]

(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 6, 7, or 8, 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) a department within the eligible recipient that
provides a program of study in mathematics, engineering,
science, or critical foreign languages;
(iii)(I) a school or department within the eligible
recipient that provides a teacher preparation program; or
(II) a 2-year institution of higher education that has a
teacher preparation offering or a dual enrollment program
with the eligible recipient; and
(iv) 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 the
capacity to provide expertise or support to meet the purposes
of this subtitle.
(6) Teaching skills.--The term ``teaching skills'' means
the ability to--
(A) increase student achievement;
(B) effectively convey and explain academic subject matter;
(C) employ strategies that--
(i) are based on scientifically based research;
(ii) are specific to academic subject matter; and
(iii) focus on the identification of, and tailoring of
academic instruction to, students' specific learning needs,
particularly children with disabilities, students who are
limited English proficient, and students who are gifted and
talented;
(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. 3113. PROGRAMS FOR BACCALAUREATE DEGREES IN MATHEMATICS,
SCIENCE, ENGINEERING, OR CRITICAL FOREIGN
LANGUAGES, WITH CONCURRENT TEACHER
CERTIFICATION.

(a) Program Authorized.--From the amounts made available to
carry out this section under section 3116(1) and not reserved
under section 3115(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 mathematics, science,
engineering, or critical foreign languages that--
(1) are integrated with teacher education; and
(2) lead to a baccalaureate degree 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 mathematics, science,
engineering, 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 mathematics, science, engineering,
or a critical foreign language, with 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 mathematics, science, 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 what assistance in finding employment in such
schools 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) 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 mathematics, science, engineering, 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 mathematics, science,
engineering, 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 mathematics or science 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 mathematics, science 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
and science;
(iii) increasing the number of students in secondary
schools enrolled in upper level mathematics and science
courses; and
(iv) increasing the numbers of elementary school, middle
school, and secondary school students enrolled in and
continuing in critical foreign language courses;
(H) collect data on the employment placement 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, middle 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 teacher
preparation program participating in the partnership.
(d) 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 employment 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
(c)(2)(G); and
(6) the data collected under subparagraphs (G) and (H) of
subsection (c)(2).
(e) Technical Assistance.--From the funds made available
under section 3116(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.

SEC. 3114. PROGRAMS FOR MASTER'S DEGREES IN MATHEMATICS,
SCIENCE, OR CRITICAL FOREIGN LANGUAGES
EDUCATION.

(a) Program Authorized.--From the amounts made available to
carry out this section under section 3116(2) and not reserved
under section 3115(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 2- or 3-year
part-time master's degree programs in mathematics, science,
or critical foreign language education for teachers in order
to enhance the teacher's content knowledge and teaching
skills.
(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--

[[Page S2615]]

(1) how a department of mathematics, science, or a critical
foreign language will ensure significant collaboration with a
teacher preparation program in the development of master's
degree programs in mathematics, science, or a critical
foreign language for teachers 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 and
science and increase the number of students taking upper-
level courses in such subjects; or
(B) increase the numbers of elementary school, middle
school, and secondary school students enrolled and continuing
in critical foreign language courses;
(5) how the program will prepare teachers to become more
effective mathematics, science, or critical foreign language
teachers;
(6) how the program will prepare teachers to assume
leadership roles in their schools;
(7) how teachers who are members of groups that are
underrepresented in the teaching of mathematics, science, 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; and
(10) how the partnership will assess, during the program,
the content knowledge and teaching skills of teachers
participating in the program.
(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 mathematics, science, or critical
foreign language education for teachers in order to enhance
the teachers' content knowledge and teaching skills. The
program shall--
(1) promote effective teaching skills so the teachers
participating in the program become more effective
mathematics, science, 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 mathematics and science 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 mathematics or science 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 mathematics, science, or
critical foreign languages; and
(B) teachers teaching in schools determined by the
partnership to be most in need;
(8) offer tuition assistance, based on need, as
appropriate; and
(9) 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 increasing
the following:
(1) The number and percentage of mathematics, science, 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 mathematics, science, or a critical foreign language.
(2) The retention of teachers who participate in the
program.

SEC. 3115. GENERAL PROVISIONS.

(a) Duration of Grants.--The Secretary shall award each
grant under this subtitle for a period of not more than 5
years.
(b) Matching Requirement.--Each eligible recipient 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 (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 subtitle 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 3116, 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 subtitle, 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 the Workforce of the House of
Representatives, and the Committees on Appropriations of the
Senate and House of Representatives.

SEC. 3116. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
section $210,000,000 for fiscal year 2008, and such sums as
may be necessary for each of the 3 succeeding fiscal years,
of which--
(1) 57.1 percent shall be available to carry out section
3113 for fiscal year 2008 and each succeeding fiscal year;
and
(2) 42.9 percent shall be available to carry out section
3114 for fiscal year 2008 and each succeeding fiscal year.

Subtitle B--Advanced Placement and International Baccalaureate Programs

SEC. 3121. PURPOSE.

It is the purpose of this subtitle--
(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. 3122. DEFINITIONS.

In this subtitle:
(1) Advanced placement or international baccalaureate
course.--The term ``Advanced Placement or International
Baccalaureate course'' means a course of college-level
instruction provided to middle or 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.
(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 3112(3)(A).
(6) High-need school.--The term ``high-need school'' means
a middle school or 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

[[Page S2616]]

(ii) designated with a school locale code of 6, 7 or 8, as
determined by the Secretary.

SEC. 3123. 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 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.
(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 3122(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, 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;
(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 the Workforce 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 $58,000,000 for
fiscal

[[Page S2617]]

year 2008, and such sums as may be necessary for each of the
3 succeeding fiscal years.

TITLE II--MATH NOW

SEC. 3201. 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 based on the best available
evidence 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 3112(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 not
more than 5 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).
(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
paragraphs (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 children--

(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 use 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) selecting and implementing a program of mathematics
instruction, or materials and interventions, based on the
best available evidence 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:
(A) To implement mathematics instructional materials and
interventions (including intensive and systematic
instruction)--
(i) for students in the grades of a participating school as
identified in the application submitted under subsection
(f)(2)(A); and
(ii) that are based on the best available evidence 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
materials or program, supplemental instructional materials,
and intervention programs used by the eligible local
educational agencies for the project, are based on the best
available evidence 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; and
(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.
(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 3201(b);
(B) a description of the grades kindergarten through grade
9, 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
materials or program, supplemental instructional materials,
and intervention programs or strategies that will be used for
the project, including an assurance that the programs or
strategies and materials are based on the best available
evidence 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

[[Page S2618]]

and expertise of teachers, administrators, or other school
staff; and
(H) any other information the State educational agency may
reasonably require.
(g) Prohibition on Endorsement of Curriculum.--
(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 title 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 the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
(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 Health, Education, Labor, and Pensions of the
Senate, the Committee on Education and the Workforce of the
House of Representatives, and the Committees on
Appropriations of the Senate and House of Representatives, a
report on the results of the evaluation.
(2) Technical assistance.--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.
(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 $146,700,000 for
fiscal year 2008, and such sums as may be necessary for each
of the 3 succeeding fiscal years.

TITLE III--FOREIGN LANGUAGE PARTNERSHIP PROGRAM

SEC. 3301. 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 title 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. 3302. DEFINITIONS.

In this title:
(1) Eligible recipient.--The term ``eligible recipient''
means an institution of higher education that receives grant
funds under this title on behalf of a partnership for use in
carrying out the activities assisted under this title.
(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 title.
(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. 3303. 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. 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 title.
(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
title who are beginning

[[Page S2619]]

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
title;
(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 title--
(1) shall be used to develop and implement programs at the
elementary school level through postsecondary education,
consistent with the purpose of this title, 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 title 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 title;
(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; and
(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.
(d) Matching Requirement.--
(1) In general.--An eligible recipient that receives a
grant under this title 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 title.
(e) Supplement Not Supplant.--Grant funds provided under
this title 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
section. 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 title for
any fiscal year to annually evaluate the programs under this
title.
(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 the
Workforce of the House of Representatives, and the Committees
on Appropriations of the Senate and House of Representatives,
a report on the results of any program evaluation conducted
under this subsection.

SEC. 3304. AUTHORIZATION OF APPROPRIATIONS.

For the purpose of carrying out this title, there are
authorized to be appropriated $22,000,000 for fiscal year
2008, and such sums as may be necessary for each of the 3
succeeding fiscal years.

TITLE IV--ALIGNMENT OF EDUCATION PROGRAMS

SEC. 3401. 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
elementary and secondary education content knowledge
requirements 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) 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)).
(2) P-16 education.--The term ``P-16 education'' means the
educational system from prekindergarten through the
conferring of a baccalaureate degree.
(3) 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) not less than 1 representative of a technical school;
(iv) not less than 1 representative of a public secondary
school;
(v) the chief State school officer;
(vi) the chief executive officer of the State higher
education coordinating board;
(vii) not less than 1 public elementary school teacher
employed in the State;
(viii) not less than 1 public elementary school teacher
certified in early childhood education;
(ix) not less than 1 public secondary school teacher
employed in the State;
(x) not less than 1 representative of the business
community in the State; and
(xi) 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.

[[Page S2620]]

(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 prekindergarten 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 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 the students are adequately prepared when the students
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; or
(iv) identifying and addressing teacher certification
needs.
(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) Data and compliance with ferpa.--The State, through the
implementation of the statewide P-16 education data system,
shall--
(i) ensure the implementation and use of valid and reliable
secondary school dropout data; and
(ii) ensure that the statewide P-16 education data system
meets the requirements of the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. 1232g).
(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) Prekindergarten through grade 12 education and
postsecondary education.--With respect to prekindergarten
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) Prekindergarten through grade 12 education.--With
respect to prekindergarten 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
student knowledge and skills, 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 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 school
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 content knowledge requirements
through substantive curricula and other changes the State
determines necessary, including scientifically based
remediation and acceleration opportunities for students.
(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 and the timetable for the
establishment or improvement of such 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.--Nothing in this section shall be
construed to require States to provide raw data to the
Secretary.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $100,000,000 for
fiscal year 2008 and such sums as may be necessary for fiscal
year 2009.

DIVISION D--NATIONAL SCIENCE FOUNDATION

SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
the National Science Foundation--
(1) $6,808,000,000 for fiscal year 2008;
(2) $7,433,000,000 for fiscal year 2009;

[[Page S2621]]

(3) $8,446,000,000 for fiscal year 2010; and
(4) $11,200,000,000 for fiscal year 2011.
(b) Plan for Increased Research.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National
Science Foundation, in consultation with the National Science
Board, shall submit a comprehensive, multiyear plan that
describes how the funds authorized in subsection (a) would be
used, if appropriated, to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Science of the House of Representatives.
(2) Plan requirements.--The Director shall--
(A) develop the plan with a focus on strengthening the
Nation's lead in physical science and technology, increasing
overall workforce skills in physical science, technology,
engineering, and mathematics at all levels, and strengthening
innovation by expanding the focus of competitiveness and
innovation policy at the regional and local level; and
(B) emphasize spending increased research funds
appropriated pursuant to subsection (a) in areas of
investment for Federal research and technology programs
identified under section 1101(c) of this Act.

SEC. 4002. STRENGTHENING OF EDUCATION AND HUMAN RESOURCES
DIRECTORATE THROUGH EQUITABLE DISTRIBUTION OF
NEW FUNDS.

(a) Purpose.--The purpose of this section is to ensure the
continued involvement of experts at the National Science
Foundation in improving science, technology, engineering, and
mathematics education at the elementary, secondary, and
postsecondary school levels by providing annual funding
increases for the education and human resources programs of
the National Science Foundation that are proportional to the
funding increases provided to the Foundation overall.
(b) Equitable Distribution of New Funds.--Within the
amounts authorized to be appropriated by section 4001, there
are authorized to be appropriated for the education and human
resources programs of the National Science Foundation, for
each of the fiscal years 2008 through 2011, an amount equal
to $1,050,000,000 increased for each such fiscal year by an
amount equal to the percentage increase in the appropriation
for the National Science Foundation for such fiscal year
above the amount appropriated to the National Science
Foundation for fiscal year 2007.

SEC. 4003. GRADUATE FELLOWSHIPS AND GRADUATE TRAINEESHIPS.

(a) Graduate Research Fellowship Program.--
(1) In general.--During the 5-year period beginning on the
date of the enactment of this Act, the Director of the
National Science Foundation shall expand the Graduate
Research Fellowship Program of the National Science
Foundation so that an additional 1,250 fellowships are
awarded to citizens or nationals of the United States or
eligible lawful permanent residents under the Program during
that period.
(2) Extension of fellowship period.--The Director is
authorized to award fellowships under the Graduate Research
Fellowship Program for a period of up to 5 years.
(3) Authorization of appropriations.--Within the amounts
authorized to be appropriated by section 4001, there are
authorized to be appropriated, to provide an additional 250
fellowships under the Graduate Research Fellowship Program
during each of the fiscal years 2008 through 2011, the
following:
(A) $24,000,000 for fiscal year 2008.
(B) $36,000,000 for fiscal year 2009.
(C) $48,000,000 for fiscal year 2010.
(D) $60,000,000 for fiscal year 2011.
(b) Integrative Graduate Education and Research Traineeship
Program.--
(1) In general.--During the 5-year period beginning on the
date of the enactment of this Act, the Director shall expand
the Integrative Graduate Education and Research Traineeship
program of the National Science Foundation so that an
additional 1,250 individuals who are citizens or nationals of
the United States or eligible lawful permanent residents are
awarded grants under the program during that period.
(2) Authorization of appropriations.--Within the amounts
authorized to be appropriated by section 4001, there are
authorized to be appropriated, to provide grants to an
additional 250 individuals under the Integrative Graduate
Education and Research Traineeship program during each of the
fiscal years 2008 through 2011, the following:
(A) $22,000,000 for fiscal year 2008.
(B) $33,000,000 for fiscal year 2009.
(C) $44,000,000 for fiscal year 2010.
(D) $55,000,000 for fiscal year 2011.
(c) Definition of Eligible Lawful Permanent Resident.--In
this section, the term ``eligible lawful permanent resident''
means a lawful permanent resident of the United States who
declares an intent--
(1) to apply for United States citizenship; or
(2) to reside in the United States for not less than 5
years after the completion of a graduate fellowship or
traineeship awarded under this section.

SEC. 4004. PROFESSIONAL SCIENCE MASTER'S DEGREE PROGRAMS.

(a) Clearinghouse.--
(1) Development.--The Director of the National Science
Foundation 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, mathematics,
technology, and engineering.
(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.
(2) Application.--A 4-year institution of higher education
desiring a grant under this section shall submit an
application 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) 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
(C) 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) Preference for applicants with alternative funding
sources.--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 that secure more than
\2/3\ 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 of the National
Science Foundation, 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 described in subparagraph
(B); and
(ii) recommendations for administrative and legislative
action that could optimize the effectiveness of the pilot
programs, as the Director determines to be appropriate.
(c) Institution of Higher Education Defined.--In this
section, the term ``institution of higher education'' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(d) Authorization of Appropriations.--Within the amounts
authorized to be appropriated by section 4001, there are
authorized to be appropriated to carry out this section--
(1) $15,000,000 for fiscal year 2008;
(2) $18,000,000 for fiscal year 2009; and
(3) $20,000,000 for each of the fiscal years 2010 and 2011.

SEC. 4005. INCREASED SUPPORT FOR SCIENCE EDUCATION THROUGH
THE NATIONAL SCIENCE FOUNDATION.

(a) In General.--Within the amounts authorized to be
appropriated by section 4001, there are authorized to be
appropriated to carry out the science, mathematics,
engineering, and technology talent expansion program under
section 8(7) of the National Science Foundation Authorization
Act of 2002 (Public Law 107-368, 116 Stat. 3042)--
(1) $40,000,000 for fiscal year 2008;
(2) $45,000,000 for fiscal year 2009;
(3) $50,000,000 for fiscal year 2010; and
(4) $55,000,000 for fiscal year 2011.
(b) Promoting Outreach and High Quality.--Section 8(7)(C)
of the National Science Foundation Authorization Act of 2002
(Public Law 107-368, 116 Stat. 3042) is amended--

[[Page S2622]]

(1) by redesignating clauses (i) through (vi) as subclauses
(I) through (VI), respectively, and indenting appropriately;
(2) by striking ``include those that promote high quality--
'' and inserting ``include programs that--
``(i) promote high-quality--'';
(3) in clause (i) (as inserted by paragraph (2))--
(A) in subclause (III) (as redesignated by paragraph (1)),
by striking ``for students;'' and inserting ``for students,
especially underrepresented minority and female mathematics,
science, engineering, and technology students;'';
(B) in subclause (V) (as redesignated by paragraph (1)), by
striking ``and'' after the semicolon;
(C) in subclause (VI) (as redesignated by paragraph (1)),
by striking ``students.'' and inserting ``students; and'';
and
(D) by adding at the end the following:
``(VII) outreach programs that provide middle and secondary
school students and their science and math teachers
opportunities to increase the students' and teachers'
exposure to engineering and technology;''; and
(4) by adding at the end the following:
``(ii) finance summer internships for mathematics, science,
engineering, and technology undergraduate students;
``(iii) facilitate the hiring of additional mathematics,
science, engineering, and technology faculty; and
``(iv) serve as bridges to enable underrepresented minority
and female secondary school students to obtain extra
mathematics, science, engineering, and technology training
prior to entering an institution of higher education.''.

SEC. 4006. MEETING CRITICAL NATIONAL SCIENCE NEEDS.

(a) In General.--In addition to any other criteria, the
Director of the National Science Foundation shall include
consideration of the degree to which awards and research
activities that otherwise qualify for support by the National
Science Foundation may assist in meeting critical national
needs in innovation, competitiveness, the physical and
natural sciences, technology, engineering, and mathematics.
(b) Priority Treatment.--The Director shall give priority
in the selection of awards and the allocation of National
Science Foundation resources to proposed research activities,
and grants funded under the National Science Foundation's
Research and Related Activities Account, that can be expected
to make contributions in physical or natural science,
technology, engineering, or mathematics, or that enhance
competitiveness or innovation 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 National
Science Foundation to be consistent with its mandate nor to
change the core mission of the National Science Foundation.

SEC. 4007. REAFFIRMATION OF THE MERIT-REVIEW PROCESS OF THE
NATIONAL SCIENCE FOUNDATION.

Nothing in this division or division A, or the amendments
made by this division or division A, shall be interpreted to
require or recommend that the National Science 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. 4008. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.

Within the amounts authorized to be appropriated by section
4001, there are authorized to be appropriated to the National
Science Foundation for the Experimental Program to Stimulate
Competitive Research authorized under section 113 of the
National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862g), for each of fiscal years 2008 through 2011, an
amount equal to $125,000,000 increased for each such year by
an amount equal to the percentage increase in the
appropriation for the National Science Foundation for such
fiscal year above the total amount appropriated to the
National Science Foundation for fiscal year 2007.

SEC. 4009. ENCOURAGING PARTICIPATION.

(a) Mentoring Program.--The Director of the National
Science Foundation shall establish a program to recruit and
provide mentors for women who are interested in careers in
science, technology, engineering, and mathematics by pairing
such women who are in science, technology, engineering, or
mathematics programs of study in secondary school, community
college, undergraduate or graduate school with mentors who
are working in industry.
(b) Additional Learning Program.--The Director shall also
establish a program to provide grants to community colleges
to provide additional learning and other appropriate training
to allow women to enter higher-paying technical jobs in
fields related to science, technology, engineering, or
mathematics.
(c) Applications.--An institution of higher education,
including a community college, desiring a grant under this
section shall submit an application at such time, in such
manner, and accompanied by such information as the Director
may require.
(d) Program Evaluation.--The Director shall establish
metrics to evaluate the success of the programs established
under subsections (a) and (b) annually and report the
findings and conclusions of the evaluations annually to
Congress.

SEC. 4010. CYBERINFRASTRUCTURE.

In order to continue and expand efforts to ensure that
research institutions throughout the Nation can fully
participate in research programs of the National Science
Foundation and collaborate with colleagues throughout the
nation, the Director of the National Science Foundation,
within 180 days after the date of enactment of this Act,
shall develop and publish a plan that describes the current
status of broadband access for scientific research purposes
in States located in EPSCoR-eligible jurisdictions and
outlines actions which can be taken to ensure that such
connections are available to enable participation in those
National Science Foundation programs which rely heavily on
high-speed networking and collaborations across institutions
and regions.

SEC. 4011. FEDERAL INFORMATION AND COMMUNICATIONS TECHNOLOGY
RESEARCH.

(a) Advanced Information and Communications Technology
Research.--
(1) National science foundation information and
communications technology research.--The Director of the
National Science Foundation shall establish a program of
basic research in advanced information and communications
technologies focused on enhancing or facilitating the
availability and affordability of advanced communications
services to all people of the United States. In developing
and carrying out the program, the Director shall consult with
the Board established under paragraph (2).
(2) Federal advanced information and communications
technology research board.--There is established within the
National Science Foundation a Federal Advanced Information
and Communications Technology Research Board (referred to in
this subsection as ``the Board'') which shall advise the
Director of the National Science Foundation in carrying out
the program authorized under paragraph (1). The Board shall
be composed of individuals with expertise in information and
communications technologies, including representatives from
the National Telecommunications and Information
Administration, the Federal Communications Commission, the
National Institute of Standards and Technology, and the
Department of Defense, and representatives from industry and
educational institutions.
(3) Grant program.--The Director of the National Science
Foundation, in consultation with the Board, shall award
grants for basic research into advanced information and
communications technologies that will contribute to enhancing
or facilitating the availability and affordability of
advanced communications services to all people of the United
States. Areas of research to be supported through the grants
include--
(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, in
consultation with the Board, finds appropriate.
(4) Centers.--The Director shall award multiyear grants,
subject to the availability of appropriations, to
institutions of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), nonprofit research institutions affiliated with
institutions of higher education, or consortia thereof to
establish multidisciplinary Centers for Communications
Research. The purpose of the Centers shall be to generate
innovative approaches to problems in communications and
information technology research, including the research areas
described in paragraph (3). 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 or for-profit
entities, or other institutions of higher education or
nonprofit research institutions.
(5) Applications.--The Director of the National Science
Foundation, in consultation with the Board, shall establish
criteria for the award of grants under paragraphs (3) and
(4). Such grants shall be awarded under the programs on a
merit-reviewed competitive basis. The Director shall give
priority to grants that offer the potential for revolutionary
rather than evolutionary breakthroughs.
(6) Authorization of appropriations.--Within the amounts
authorized to be appropriated by section 4001, there are
authorized to be appropriated to the National Science
Foundation to carry out this subsection--
(A) $45,000,000 for fiscal year 2008;
(B) $50,000,000 for fiscal year 2009;
(C) $55,000,000 for fiscal year 2010; and
(D) $60,000,000 for fiscal year 2011.
(b) National Institute of Standards and Technology
Responsibilities.--The Director of the National Institute of
Standards and Technology shall continue to support research
and support standards development in

[[Page S2623]]

advanced information and communications technologies focused
on enhancing or facilitating the availability and
affordability of advanced communications services to all
people of the United States, in order to implement the
Institute's responsibilities under section 2(c)(12) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(c)(12)). The Director shall support intramural research
and cooperative research with institutions of higher
education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)) and industry.

SEC. 4012. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

(a) In General.--Section 10 of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1) is
amended--
(1) in the section heading, by inserting ``TEACHER'' after
``NOYCE'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``to provide scholarships, stipends, and
programming designed'';
(ii) by inserting ``and to provide scholarships and
stipends to students participating in the program'' after
``science teachers''; and
(iii) by inserting ``Teacher'' after ``Noyce'';
(B) in paragraph (3)--
(i) in subparagraph (A)--

(I) in the matter preceding clause (i)--

(aa) by striking ``encourage top college juniors and
seniors majoring in'' and inserting ``recruit and prepare
undergraduate students to pursue degrees in''; and
(bb) by striking ``to become'' and inserting ``and become
qualified as'';

(II) in clause (ii)--

(aa) by striking ``programs to help scholarship
recipients'' and inserting ``academic courses and clinical
teaching experiences designed to prepare students
participating in the program'';
(bb) by striking ``programs that will result in'' and
inserting ``such preparation as is necessary to meet
requirements for''; and
(cc) by striking ``licensing; and'' and inserting
``licensing;'';

(III) in clause (iii)--

(aa) by striking ``scholarship recipients'' and inserting
``students participating in the program'';
(bb) by striking ``enable the recipients'' and inserting
``enable the students''; and
(cc) by striking ``; or'' and inserting ``; and''; and

(IV) by adding at the end the following:

``(iv) providing summer internships for freshman and
sophomore students participating in the program; or''; and
(ii) in subparagraph (B)--

(I) in the matter preceding clause (i)--

(aa) by striking ``encourage'' and inserting ``recruit and
prepare''; and
(bb) by inserting ``qualified as'' after ``to become'';

(II) by striking clause (ii) and inserting the following:

``(ii) offering academic courses and clinical teaching
experiences designed to prepare stipend recipients to teach
in elementary schools and secondary schools, including such
preparation as necessary to meet requirements for teacher
certification or licensing;''; and
(C) by adding at the end the following:
``(4) Eligibility requirement.--To be eligible for an award
under this section, an institution of higher education (or a
consortium of such institutions) shall ensure that specific
faculty members and staff from the mathematics, science, or
engineering department of the institution (or a participating
institution of the consortium) and specific education faculty
members of the institution (or such participating
institution) are designated to carry out the development and
implementation of the program. An institution of higher
education (or consortium) may also include teachers to
participate in developing the pedagogical content of the
program and to supervise students participating in the
program in their field teaching experiences. No institution
of higher education (or consortium) shall be eligible for an
award unless faculty from the institution's mathematics,
science, or engineering department are active participants in
the program.'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--

(I) by striking ``scholarship or stipend'';
(II) by inserting ``and summer internships'' after ``number
of scholarships''; and
(III) by inserting ``the type of activities proposed for
the recruitment of students to the program,'' after ``intends
to award,'';

(ii) in subparagraph (B)--

(I) by striking ``scholarship or stipend''; and
(II) by striking ``; and'' and inserting ``, which may
include a description of any existing programs at the
applicant's institution that are targeted to the education of
science and mathematics teachers and the number of teachers
graduated annually from such programs;''; and

(iii) by striking subparagraph (C) and inserting the
following:
``(C) a description of the academic courses and clinical
teaching experiences required under subparagraph (A)(ii) or
B)(ii) of subsection (a)(3), including--
``(i) a description of the undergraduate program that will
enable a student to graduate in 4 years with a major in
mathematics, science, or engineering and to obtain teacher
certification or licensing;
``(ii) a description of clinical teaching experiences
proposed; and
``(iii) evidence of agreements between the applicant and
the schools or school districts that are identified as the
locations at which clinical teaching experiences will occur;
``(D) a description of the programs required under
subparagraph (A)(iii) or (B)(iii) of subsection (a)(3),
including activities to assist new teachers in fulfilling
their service requirements under this section; and
``(E) an identification of the applicant's mathematics,
science, or engineering faculty and its education faculty who
will carry out the development and implementation of the
program as required under subsection (a)(4).''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(ii) by inserting after subparagraph (A) the following:
``(B) the extent to which the applicant's mathematics,
science, or engineering faculty and its education faculty
have worked or will work collaboratively to design new or
revised curricula that recognize the specialized pedagogy
required to teach mathematics and science effectively in
elementary schools and secondary schools;'';
(4) in subsection (c)--
(A) in paragraph (3)--
(i) by striking ``$7,500'' and inserting ``$10,000''; and
(ii) by striking ``of scholarship support'' and inserting
``of scholarship support, unless the Director establishes a
policy by which part-time students may receive additional
years of support''; and
(B) in paragraph (4), by inserting ``, with a maximum
service requirement of 4 years'' after ``was received'';
(5) in subsection (d)--
(A) in paragraph (2), by inserting ``and professional
achievement'' after ``academic merit''; and
(B) in paragraph (4), by striking ``for each year a stipend
was received'';
(6) in subsection (g)--
(A) in paragraph (1), by inserting ``or stipend'' after
scholarship; and
(B) by striking paragraph (2) and inserting the following:
``(2) Repayment for failure to complete service.--
``(A) Less than 1 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 sum of
the total amount of awards received by the individual under
this section shall be treated as a loan 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 Secretary of Education in
regulations promulgated to carry out this paragraph.
``(B) 1 year or more 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, an amount equal to \1/2\ of the sum of the
total amount of awards received by the individual under this
section shall be treated as a loan 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 Secretary of Education in regulations
promulgated to carry out this paragraph.'';
(7) by redesignating subsection (i) as subsection (k);
(8) by inserting after subsection (h) the following:
``(i) Science and Mathematics Scholarship Gift Fund.--In
accordance with section 11(f) of the National Science
Foundation Act of 1950, the Director is authorized to accept
donations from the private sector to supplement, but not
supplant, scholarships, stipends, or internships associated
with the programs under this section.
``(j) Assessment of Teacher Retention.--Not later than 4
years after the date of enactment of the America COMPETES
Act, the Director shall transmit to Congress a report on the
effectiveness of the program carried out under this section
regarding the retention of participants in the teaching
profession beyond the service obligation required under this
section.'';
(9) in subsection (k) (as redesignated by paragraph (7))--
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(B) by inserting after paragraph (1) the following:
``(2) the term `high-need local educational agency' means a
local educational agency or educational service agency (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965)--
``(A)(i) that serves not less 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 6, 7, or 8, as determined by the Secretary of
Education; and

[[Page S2624]]

``(B)(i) for which there is a higher 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;''; and
(C) in paragraph (4) (as redesignated by subparagraph (A))
by inserting ``or had a career'' after ``is working''; and
(10) by adding at the end the following:
``(l) Authorization of Appropriations.--
``(1) In general.--Within the amounts authorized to be
appropriated by section 4001 of the America COMPETES Act and
except as provided in paragraph (2), there are authorized to
be appropriated to the Director for the Robert Noyce Teacher
Scholarship Program under this section--
``(A) $117,000,000 for fiscal year 2008, of which at least
$18,000,000 shall be used for capacity building activities
described in clauses (ii) and (iii) of subsection (a)(3)(A)
and clauses (ii) and (iii) of subsection (a)(3)(B);
``(B) $130,000,000 for fiscal year 2009, of which at least
$21,000,000 shall be used for such capacity building
activities;
``(C) $148,000,000 for fiscal year 2010, of which at least
$24,000,000 shall be used for such capacity building
activities; and
``(D) $200,000,000 for fiscal year 2011, of which at least
$27,000,000 shall be used for such capacity building
activities.
``(2) Exception.--For any fiscal year for which the funding
allocated for activities under this section is less than
$105,000,000, the amount of funding available for capacity
building activities described in subparagraphs (A) through
(D) of paragraph (1) shall not exceed 15 percent of the
allocated funds.''.
(b) Conforming Amendments.--
(1) Section 4.--Section 4 of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n note)
is amended in the matter preceding paragraph (1) by striking
``In this Act:'' and inserting ``Except as otherwise
provided, in this Act:''.
(2) Section 8.--Section 8(6) of the National Science
Foundation Authorization Act of 2002 (Public Law 107-368) is
amended--
(A) in the paragraph heading, by inserting ``Teacher''
after ``Noyce''; and
(B) by inserting ``Teacher'' after ``Noyce''.

SEC. 4013. SENSE OF THE SENATE REGARDING THE MATHEMATICS AND
SCIENCE PARTNERSHIP PROGRAMS OF THE DEPARTMENT
OF EDUCATION AND THE NATIONAL SCIENCE
FOUNDATION.

It is the sense of the Senate that--
(1) although the mathematics and science education
partnership program at the National Science 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 National Science 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 National Science 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 of the National Science Foundation 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. 4014. NATIONAL SCIENCE FOUNDATION TEACHER INSTITUTES FOR
THE 21ST CENTURY.

(a) Authorization of Appropriations.--Within the amounts
authorized to be appropriated by section 4001, there are
authorized to be appropriated to carry out the teacher
institutes for the 21st century under paragraphs (3) and (7)
of section 9(a) of the National Science Foundation
Authorization Act of 2002 (as amended by subsection (b)) (42
U.S.C. 1862n(a))--
(1) $84,000,000 for fiscal year 2008;
(2) $94,000,000 for fiscal year 2009;
(3) $106,000,000 for fiscal year 2010; and
(4) $140,000,000 for fiscal year 2011.
(b) Teacher Institutes for the 21st Century.--Section 9(a)
of the National Science Foundation Authorization Act of 2002
(42 U.S.C. 1862n(a)) is amended--
(1) in paragraph (3)(B), by striking ``summer or'' and
inserting ``teacher institutes for the 21st century, as
described in paragraph (7),'';
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) 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 during the
summer;
``(iii) serve teachers who are considered highly qualified
(as defined in section 9101 of the Elementary and Secondary
Education Act of 1965), teach high-need subjects, and 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 theme and structure developed by the
Director under subparagraph (C);
``(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.
``(C) Theme and structure.--Each year, not later than 180
days before the application deadline for a grant under this
section, the Director shall, in consultation with a broad
group of relevant education organizations, develop a theme
and structure for the teacher institutes of the 21st century
supported under paragraph (3)(B).''.

Mr. INOUYE. Mr. President, innovation and economic competitiveness
have emerged as top priorities for this country. A number of reports
have detailed the Nation's need to address our investment in education
and science. The Augustine Commission's ``Rising Above the Gathering
Storm'' is often citied as the clarion call to action.
As Chairman of the Senate Committee on Commerce, Science, and
Transportation, I am proud to join my colleagues from the Energy and
Health, Education, Labor, and Pensions Committees in introducing the
America COMPETES Act. This bill was produced in a bipartisan manner
that brought together these three Senate committees.
The Commerce Committee plays a critical role in ensuring this
country's economic and commercial health. We have expertise that
touches industries ranging from telecommunications to transportation;
from the safety of the home to the security of the homeland; and from
marine containers to marine mammals. We have brought this broad
perspective in our efforts to improve the country's investment in the
vital components that make us successful.
At the heart of this investment is education. Education is the
foundation upon which scientific research and discoveries are made.
This bill uses educational programs to inspire students from
kindergarten through graduate school to pursue math and science. It
also ensures that the Nation's enterprise research is well funded and
focused on the needs of the Nation.
This bill would double funding for the National Science Foundation
(NSF) and significantly increase funding for the National Institute of
Standards and Technology (NIST). We were also able to include several
provisions related to ocean and atmospheric research and education. The
ocean truly is the last frontier on Earth, and ocean research and
technology may have broad implications for improving health and
understanding our environment.
It is vital that we recognize the importance of our oceans. The U.S.
Commission on Ocean Policy recommended

[[Page S2625]]

a number of ways to improve ocean education, basic research, and
technological innovation. We need to follow through on these
recommendations in order to provide young people with the opportunity
to use a readily available resource for learning and inspiration.
This bill is a critical first step in this country's journey to
answering the challenges that lay ahead. We must make the necessary
investments today to realize the returns in the near future. I support
this legislation and look forward to its thorough consideration before
the Senate.
Mr. KENNEDY. Mr. President, families across America are facing
serious challenges in today's global economy. The value of their wages
is declining, the cost of living is going up, and many of their jobs
are being shipped overseas.
We must respond to this challenge to ensure that our citizens can
still achieve the American dream. We have the best workers in the
world, and we must prepare them to compete and succeed in the global
economy.
America has long been at the forefront in innovation, invention, and
education. But other countries are catching up and surpassing us.
America's 15 year olds scored below average in math and science
literacy compared to the youth of other developed nations on the most
recent international assessment by the Programme for International
Student Assessment.
We are losing ground in overall high school and college graduation
rates. The U.S. has dropped below the average graduation rate for OECD
countries. Out of 24 nations, the U.S. ranks 14th, just ahead of
Portugal.
Since 1975, the U.S. has dropped from 3rd to 15th place in the
production of scientists and engineers.
Federal investment in research and development is essential to keep
us competitive, but federal dollars have been shrinking as a share of
the economy. Funding for government research programs has fallen in
real terms and is less than in 2004.
At the same time, fast-growing economies such as China, Ireland, and
South Korea are realizing the potential for economic growth that comes
with investing in innovation. China's investment in research and
development rose from $12.4 billion in 1991 to $84.6 billion in 2003,
an average increase of 17 percent a year. Over the same period, the
increase in U.S. investment averaged only 4 to 5 percent annually.
Study after study tells us that we need major new investments in
education and in research and development to stay ahead. We cannot just
tinker at the margins and expect to retain our leadership in the global
economy. We have a responsibility to make the investments that are
necessary to our progress--a responsibility to our people, our economy,
our nation, and our national security.
Last year, the Council on Competitiveness urged a focus on lifelong
skill development--through elementary, secondary and higher education,
and workforce training and support, as essential to keeping America on
the cutting edge of innovation.
The recent report by the National Academy of Sciences, ``Rising Above
the Gathering Storm,'' emphasized these recommendations. Two of the
report's four major recommendations involved education as the solution
to meeting the global challenge. The report set out a broad roadmap for
keeping America competitive, but it prioritized investment in education
over all other recommendations.
The National Association of Manufacturers has also issued a report
urging renewed focus on education and training to keep American
businesses competitive.
Last week, the National Governors Association released its
``Innovation America'' plan, which outlines opportunities for Federal
investment to help spur innovation in the states. Here again, improving
education and access to high quality job training take center stage.
It is clear that we must act, and today we are taking a step toward
putting America back on the right track.
I am pleased to join a number of my colleagues today in reintroducing
the ``America COMPETES Act,'' or the ``America Creating Opportunities
to Meaningfully Promote Excellence in Technology, Education, and
Science Act.'' The bill is identical to legislation we introduced last
year, but the need for action is even more important today to keep
America competitive in the years to come.
The legislation responds to many of the recommendations in the
``Gathering Storm'' and other recent reports; it takes important steps
to encourage innovation in America as a way to create jobs and move our
economy forward. Often, as we know, it is federally funded research
that primes the pump for technological, medical and scientific
breakthroughs. The bill will double basic research funding by the
National Science Foundation by 2011. It also puts us on a strong course
to doubling basic research funding by the Department of Energy.
In addition, the legislation creates a President's Council on
Innovation and Competitiveness, based on successful models being used
in established and emerging economies in Europe and Asia. The Council
will bring together the heads of federal agencies with leaders in
business and academia to develop a comprehensive agenda to promote
innovation. Japan for some time has had a similar council, and
Ireland--the Celtic Tiger--has already had extraordinary success in
expanding its R&D strength since it established its council two years
ago.
The bill also strengthens programs at college and universities to
encourage renewed interest in nuclear science. Massachusetts has long
been a leader in nuclear research. There are fewer than three dozen
licensed research reactors in the United States, and three of them are
located at Massachusetts universities--University of Massachusetts
Lowell, Worcester Polytechnic Institute, and MIT. These colleges will
have a vital role as nuclear science expands, and this bill will help
expand their programs and establish new ones to meet the growing
demand.
We must also make the research and development tax credit permanent.
The incentive provided by the credit has led to quality jobs, better
and safer products, greater productivity and a stronger and more robust
national economy. A growing number of countries recognize the
importance of research and development spending to future economic
growth, and they now offer more generous R&D tax incentives than the
United States. The top 6 pharmaceutical companies, and American high
tech companies like Microsoft, Intel and GE have all opened advanced
R&D facilities in India. We must give American companies the certainty
that our tax incentives will continue year after year and will not
expire, so that they can choose to maintain these high-skilled jobs
here at home, to keep America at the cutting edge as a leader in
innovation in the global economy.
R&D investments also depend on a talented pool of well-trained
individuals who can make discoveries and scientific breakthroughs. Jobs
in science and engineering are expected to increase 70 percent faster
than those in other fields over the next 6 years.
To ensure that Americans are well-trained for these jobs, we must
improve education at all levels--from the very early years in a child's
life all the way through doctoral study and beyond--especially in math,
science, engineering and technology.
International comparisons of student achievement show that the United
States is slipping behind other countries, but detailed analysis shows
that the picture is more complex. The real problem lies in the serious
and pervasive achievement gap in this country between higher income
students and lower income students and between white students and
students of color.
On the most recent test comparing student achievement in industrial
nations, white students in the United States performed better than the
average for all countries in both math literacy and problem-solving,
while their Hispanic and African American peers did worse. Low-income
students in the U.S. performed worse than their high-income peers, and
also performed worse than other low-income students in over half of the
developed countries surveyed.
If we can close this achievement gap, and guarantee all children in
this country a world-class education, we can put America back at the
top of the list. To do so, we need to renew and improve upon the
important reforms in the No Child Left Behind Act this year. As we

[[Page S2626]]

do so, we must make a strong commitment to adequately fund those
reforms.
We must also invest in teachers. Research shows that having a high
quality teacher for five years in a row can overcome the average 7th
grade mathematics achievement gap between lower income and higher
income children.
But almost half of math classes taught in high poverty and high
minority schools are taught by teachers without a college major or
minor in math or a related field. The problem is even more serious in
middle schools--70 percent of math classes in these schools are taught
by a teacher who doesn't even have a minor in math.
Our bill recognizes and responds to the critical need to recruit and
train high quality math, science, technology and engineering teachers
to teach in schools with the greatest need, so that we can begin to
close the achievement gap and ensure that all American students can
compete on a level playing field with their peers in other nations.
The bill provides a 10-fold increase in the Robert Noyce Teacher
Scholarship Program at the National Science Foundation to recruit math,
science, engineering and technology students and professionals to
become teachers in high-need school districts.
It provides grants to institutions of higher education to create
undergraduate programs that integrate the study of math, science,
engineering, or critical need foreign language with teacher education,
modeled on the successful U-Teach program at the University of Texas.
It also helps institutions create part-time master's degree programs to
improve the content knowledge and teaching skills of current teachers.
In both of these programs, universities would partner with high-need
school districts to ensure that these resources go where they are
needed most.
The bill expands the Teacher Institutes for the 21st Century Program
at the National Science Foundation to provide cutting-edge summer
professional development programs for teachers who teach in high-need
schools. It also creates a summer institute program in the Department
of Energy to strengthen the math and science teaching skills of
elementary and secondary school teachers.
Recruitment and training of good teachers are important, but so is
retention of good teachers. Each year, over 200,000 teachers leave the
profession--6 percent of the teaching workforce. High attrition rates
mean that one of every two teachers hired will completely drop out of
teaching within 5 years-just when they have gained the experience
needed to consistently improve student achievement.
To be successful in closing the achievement gap, we must also do more
to see that teachers have an incentive to stay in their classrooms once
they are there.
We should provide financial incentives--through fellowships or salary
increases--to teachers who commit to teach in the highest need schools,
where the unique challenges make the schools the hardest to staff. I
look forward to working with my colleagues as the bill moves forward to
add this critical component to the effort.
In addition to providing a high quality teacher in every classroom,
we must also ensure that children in low-income school districts have
access to the same college preparatory classes that more affluent
school districts are able to provide--and, importantly, that they have
the preparation they need to succeed in those classes. To do so, the
bill expands access to Advanced Placement and International
Baccalaureate classes as well as pre-AP and pre-IB courses, especially
in high need schools, and creates a program to improve instruction in
math for elementary and middle school students and provide targeted
help to students struggling with the subject.
The bill also addresses the critical need to ensure our education
system is preparing students for the challenges they will face after
graduation from high school.
According to recent research, the nation loses over $3.7 billion a
year in the cost of remedial education and lost earning potential
because students are not adequately prepared to enter college when they
leave high school.
For students directly entering the workforce, 60 percent of employers
in a survey conducted by the National Association of Manufacturers said
that a high school diploma did not adequately prepare a typical student
with even basic skills to qualify for an entry level job.
Many states have recognized the need to better align elementary and
secondary school standards, curricula, and assessments with the demands
of college, the 21st century workforce and the Armed Forces. Our bill
provides grants to assist states in those efforts. The grants would
support state P-16 councils that bring together leaders in the early
education, K-12, and higher education communities, in the business
sector, and in the military to improve the rigor of elementary and
secondary education and prepare students for the postsecondary
challenges they will face.
These provisions will help spur the development of more rigorous
standards, as well as innovative curricula that engage our children in
learning and inspire a new generation of scientists and engineers. It
will assist states in the work they are doing to create new disciplines
in engineering and technology at the elementary school level to teach
students the practical applications of math and science. The National
Center for Technological Literacy at the Museum of Science in Boston is
at the forefront of these efforts.
In addition to the education programs at the Department of Education
and the National Science Foundation, the legislation relies on the
resources of the Department of Energy to assist in the effort to
improve math and science education. The National Labs at the Department
of Energy can have a critical role in these efforts, and so can the
more than 300 colleges and universities across the country conducting
research supported by the Department of Energy. I appreciate my
colleagues' efforts to ensure that the resources of the Department of
Energy are used to enhance educational opportunities for children not
only in the states that host National Labs, but across the country.
It is also becoming increasingly important for students to become
exposed to and immersed in critical foreign languages and cultures. In
recent years, foreign language needs have significantly increased
throughout the public and private sector due to the presence of a wider
range of security threats, the emergence of new nation states, and the
globalization of the U.S. economy.
Currently, the U.S. government uses tens of thousands of employees
with foreign language skills in 100 languages and more than 80 Federal
agencies. In addition, American businesses increasingly need employees
experienced in foreign languages and international cultures to manage a
culturally diverse workforce.
For students to become proficient in these critical foreign
languages, they must have access to a sustained course of study,
beginning in the early grades.
But currently, only one-third of students in grades 7-12 and a mere 5
percent of elementary school students study a foreign language.
Even fewer study critical need foreign languages. Only about 24,000
of approximately 54 million elementary and secondary school children in
the United States are studying Chinese. In contrast, more than 200
million children in China study English--a compulsory subject for all
Chinese primary school students.
The bill begins to address these needs by providing grants to
institutions of higher education and local educational agencies to work
in partnerships to create programs of study in critical foreign
languages for students from elementary school through postsecondary
education.
These programs and investments will help prepare our students to
compete in the 21st century, but if we are serious about keeping
America competitive, there is still more we can--and must--do.
A college degree is fast becoming the price of admission to
participation in the global economy. Today, over 60 percent of jobs
require some postsecondary training, and the number is rising rapidly.
Such jobs bring higher pay as well. A recent study by the Organisation
for Economic Co-operation and Development shows that in the United
States, earnings of people with a post-secondary degree are 72

[[Page S2627]]

percent higher on average than those with only a high school diploma.
But with soaring costs and stagnant financial aid, college is
increasingly out of reach for students and families. Research shows
that 400,000 students a year do not go to a four-year college because
they cannot afford it. 170,000 do not go to college at all.
When our troops returned home from World War II, we created the GI
Bill and sent them to college to learn the skills they would need in
the changing world. The pay off to the nation was immense. The economy
reaped an estimated $7 in benefit for every dollar invested in that
effort.
In recent decades however, federal grant aid has dwindled and the
grants don't go as far as they used to. Thirty years ago, seventy-seven
percent of the federal assistance provided to students was in the form
of grants, but in recent years the number has dropped to twenty
percent.
With college costs skyrocketing, the value of the Pell Grant has not
kept pace. To ensure the prosperity of our families and the nation, we
must open the doors of college to all by restoring the Pell Grant as
the foundation of the student aid system.
Last year, Congress squandered an opportunity to significantly
increase aid for low income students. The Senate passed a bill that
would have immediately increased the Pell grant from $4,050 to $4,500.
But this increase was rejected, and the funds were used instead to pay
for tax giveaways for the wealthiest Americans.
Last month, under the new Democratic leadership, Congress made a
strong down payment to help low-income families afford college by
raising the maximum Pell grant for the first time since 2003 from
$4,050 to $4,310.
I know many of my colleagues on both sides of the aisle agree that
higher education is the key to keeping America competitive, and I look
forward to working with them to build on this down payment as we
reauthorize the Higher Education Act this year to ensure that the cost
of college is not a barrier to full participation in the new economy.
We need to reform the federal student aid system to redirect
excessive lender subsidies into additional help and support for
students and families, including increased need-based aid, making
student loans more manageable, and providing loan forgiveness for
individuals in public sector careers.
We must also do more to address the devastating impacts of the global
economy on American workers and their families.
Our workers are facing global competition that is often fundamentally
unfair, but this bill does nothing to level the playing field or to
help ease the burden of their transition to the global economy. To
truly improve our national competitiveness, we must address all aspects
of this challenge. We cannot continue to ignore the plight of working
Americans.
First, we need to level the playing field in the competition for good
jobs. Americans have nothing to fear from competition that's fair. But
it's not fair when Americans are competing with foreign workers who
lack basic protections such as child labor laws, a minimum wage, or the
right to organize. It's not fair when U.S. companies cut costs by
exploiting and abusing foreign workers.
We need to exercise global leadership in promoting fair wages and
safe working conditions for workers around the world, reward companies
that treat their foreign workforces fairly, and be a strong voice in
sanctioning those countries that will not play by the rules.
Beyond these basic steps to level the playing field, we owe a
particular duty to American workers who are losing their jobs because
of trade. We all benefit from the lower prices and variety of products
that globalization provides, but many of our most vulnerable workers
are paying the price. We've lost nearly 3 million manufacturing jobs
since 2001, and service sector jobs are now moving overseas as well.
These are good, middle-class jobs, with decent wages and benefits that
form the core of the American middle class.
Our response to globalization must address the disappearance of good
jobs. We must create the good jobs of the future. We must eliminate tax
incentives for companies to ship jobs overseas. We must give fair
warning to workers who are at risk of losing their jobs to overseas
competition, so that they can plan for their futures. We must
strengthen our commitment to help workers who lose their jobs to adjust
to the new economy, with well-funded training and income assistance
programs that ease the transition to new employment.
Fulfilling our commitment to American workers also demands that we
give them their fair share of the economic growth that globalization
brings. Both houses of Congress have now voted overwhelmingly to raise
the minimum wage to $7.25 an hour, and that vital legislation should
reach the President's desk soon. But that's only a first step. We need
to do much more to promote good jobs and ensure that workers get their
fair share of economic growth. We also must give workers a stronger
voice in the new economy by protecting their right to organize and form
a union.
If we truly want to be competitive in the global economy, we need to
address these challenges facing the American workforce head on. Our
employees deserve greater job security in the present, and better job
opportunities in the future. I hope that the same bipartisan coalition
that has worked together so effectively on this competitiveness bill
can also work together to address these important issues for America's
working families.
The legislation we are introducing today is not a complete package.
What it does represent is the beginning of a strong commitment that we
will need to sustain and build on if America is to remain competitive
in the years ahead. It's gratifying that this bill has strong
bipartisan support, because that support is critical to ensuring that
these proposals become a reality.
Words alone will not keep America competitive. This legislation must
be more than a promise. I look forward to working with my colleagues as
the bill moves forward to ensure that Congress provides the new
investments essential to fully support these important proposals.
Americans know how to rise to challenges and come out ahead. We've
done it before and we can do it again. We rose to the challenge after
World War II with the GI Bill. We rose to the Soviet Union's challenge
of Sputnik in 1957 by passing the National Defense Education Act, and
we went on to inspire the nation in the next decade by sending a man to
the moon and by doubling the federal investment in education.
We need the same bold commitment now to help the current generation
meet and master the global challenges we now face. The America COMPETES
Act can be an effective first step. I look forward to working with my
colleagues to improve upon the bill as it moves forward and to expand
on these efforts in the months to come to make this essential
initiative as effective as possible.
Mr. LIEBERMAN. Mr. President, I rise today in support of the America
COMPETES Act. I am pleased to join Senators Reid and McConnell in
introducing this bipartisan bill that addresses the challenges in
keeping the U.S. competitive in the global economy. The Council on
Competitiveness, through their ``Innovate America'' report, and the
National Academies, through the ``Rising Above the Gathering Storm''
report, made it clear that we owe the economic vitality of the Nation
to the productivity of highly trained people and the innovations they
produce. This bill addresses recommendations in these reports to
support the Nation's future health, vitality and economic prosperity.
Only 29 percent of Americans believe the United States has the most
innovative economy in the world. Nearly half choose China or Japan
instead. Why? The No. 1 reason cited by Americans is that these other
countries are more committed to their education, their youth or their
schools. We need this to change.
This bill addresses new and expanded approaches to science education
and research to meet the future needs of our children and the Nation.
Tests show that U.S. students are behind other developed nations in
math and science. We also found out in February that seniors in high
school cannot read as well as seniors back in 1992. This is telling us
that in some areas we are moving backwards. A good education is

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every child's way to realize his and her American dream. We must keep
moving forward.
We need to consider how we can help our Nation's top universities
lead some of their best and brightest students, especially in STEM and
critical foreign languages, into successful teaching careers. This bill
encourages integrated college math, science, engineering and foreign
language programs with teacher development programs to produce
certified, knowledgeable teachers in areas with critical needs. The
resulting teachers will have the teaching credentials and, importantly,
the necessary content expertise in STEM disciplines with the hope of
improving student interest and achievement in STEM areas and critical
foreign languages.
New teachers are but a small portion of those teaching in STEM
classrooms each year across the country. These new instructors need
support and mentoring from established teachers. This bill supports
master's degree programs for existing teachers seeking to enhance their
content knowledge, teaching skills and leadership in STEM and foreign
languages. Teachers in these programs study part-time over 2 to 3 years
to obtain master's degrees. These programs also prepare them for
leadership roles in their schools through participation in, for
example, mentoring activities, math and science curriculum
enhancements, teacher development, and student achievement evaluations
and assessments.
It is troubling that many students with their newly-obtained high
school diplomas find themselves unprepared for college or the
workforce. It is time to ensure that high schools prepare their
students for the future. To do this right, States must start aligning
what children learn starting in kindergarten, or earlier, to meet the
evolving higher education and business needs for the 21st century and
beyond.
High schools are not preparing students for college or the workforce.
We know that middle and high school students engaged in challenging
coursework attend and succeed in college at a greater rate than those
who follow programs of study without rigorous content. What happens to
the others? To start, more than a quarter of college students end up
taking remedial classes. The percentage is much higher, more than two
in five, at institutions with large minority enrollments. We need to
prepare for the future through college-ready course content and
appropriate assessment standards all the way up through our high school
and continue that rigor until completion of college. I am pleased that
this legislation contains many of the components of S. 109-2337, the
College Pathways Act of 2006, a bill I introduced to increase access to
postsecondary education through better alignment of curriculum and
enhanced data systems.
High-quality data systems are also critical to improve schools and
student outcomes. Accountability for high school graduation numbers and
drop-out rates is important to addressing education reform in our high
schools. States and schools need data systems to trace successful
educational outcomes back to specific programs, coursework and
interventions. They need to know what works and what doesn't work.
Unique identifier for students from pre-kindergarten through college
will permit States to analyze school progress. Test results, grades,
college-readiness assessments, assigned teachers and whether students
needed remedial courses in college can all go into the data system.
This information should provide feedback to make needed improvements
while expanding and rewarding areas of success.
The legislation specifies that the unique student identifier could be
a bar code. That is appropriate. Bar codes and scanners were created
and expanded in the U.S. in part through federally funded research. The
National Science Foundation, NSF, funded research on scanners starting
back in the 1970s that made accurate bar codes a reality. Few realized
at the time the eventual widespread use of the technology. But this is
an example of the kinds of basic research investments in innovation and
ingenuity that drive much of our economy.
NSF is the principal agency sustaining basic research in all science
and engineering fields. Basic research outcomes have led to many
important innovations, stimulating economic growth and improving the
quality of life for all Americans. This legislation increases the
Nation's investment in this innovation by doubling the overall funding
for NSF from approximately $5.6 billion in 2006 to $11.2 billion in
2011. NSF's three strategic goals for its portfolio are discovery,
learning, and research infrastructure. These goals match up directly
with the three primary areas of the America Competes Act: increased
research investment, STEM education, and innovative infrastructure.
To encourage more students to enter technical professions, this
legislation increases Federal support for STEM graduate fellowships and
trainee programs by expanding the NSF Graduate Research Fellowship
Program by 1,250 fellowships. These fellowships follow the students
permitting the greatest flexibility in choosing graduate programs that
best fit their needs and interests.
We also expand the NSF Integrated Graduate Education and Research
Traineeship, IGERT, program by 1,250 new traineeships. In the IGERT
program, grants are awarded to universities to develop cross-
disciplinary training programs for students in areas including science,
math, engineering, and policy. The program is intended to produce a
change by establishing innovative new models for graduate education and
training that reach across traditional disciplinary boundaries. It is
also intended to facilitate diversity in student participation, and to
contribute to a world-class, broadly inclusive, and globally engaged
science and engineering workforce.
This legislation further addresses the issue of improving talent in
scientific disciplines by expanding the existing STEM Talent Expansion
Program, STEP, to the scope originally intended. The STEP, or Tech
Talent program, which I first proposed in October 2001, provides
competitive grants to undergraduate institutions to develop new methods
of increasing the number of students earning degrees in science, math,
and engineering. It is essential that we increase the number of college
graduates with the skills to contribute to the science and technology
workforce, yet this program has never been fully funded.
The Department of Energy's Office of Science is the principal Federal
agency for research in high energy physics, nuclear physics, and fusion
energy sciences. This legislation puts the Office of Science on a
doubling track, over 10 years, reaching more than $5.2 billion in 2011.
We create important educational opportunities through Centers of
Excellence in Mathematics and Science. These centers bring together our
premier National Laboratories as partners with high-need high schools.
National Laboratories also will host summer teacher institutes and will
provide expert assistance to teachers at specialty schools in math and
science.
The bill also creates an ``Innovation Acceleration Grants'' program
to stimulate high-risk research by setting a goal for Federal research
agencies to allocate no less than 8 percent of their current R&D
budgets to breakthrough research--the kind of research that gave us
fiber optics, the Internet and countless other technologies relied on
every day in this country and around the world. We anticipate this
funding would be used for ``grand challenges'' and other transformation
research at the frontiers of discovery and innovation. We must continue
to encourage the groundbreaking experimentation and longer term outlook
that made this country great.
I am pleased to join my colleagues in this bipartisan effort to
address the science, technology and education needs that will fuel
innovation and continue to drive American growth and prosperity. I urge
my colleagues to cosponsor this legislation and support its passage.
Mrs. HUTCHISON. Mr. President, I am delighted to join our
distinguished Majority and Minority Leaders in introducing and
cosponsoring the America COMPETES Act. This is an essential and
important first step in addressing critical challenges facing our
Nation in an increasingly competitive global economy. America must be a
leader in scientific research and education. It is in the best interest
of both our national and economic security.

[[Page S2629]]

This bill renews and expands our national focus on strengthening key
areas of research, education and innovation. It is the product of a
truly bipartisan effort, undertaken with the blessing and encouragement
of the Senate leadership and by the leadership of the three principal
committees with jurisdiction over these matters: the Committee on
Commerce, Science, and Transportation, the Committee on Energy and
Natural Resources, and the Committee on Health, Education, Labor, and
Pensions. Mr. President, I am proud to be part of this bipartisan
initiative to provide new resources to support these competitiveness
programs.
This legislation increases research investment by doubling the
authorized funding levels for the National Science Foundation (NSF)
from approximately $5.6 billion in fiscal year 2007 to $11.2 billion in
fiscal year 2011. It doubles funding for the Department of Energy's
Office of Science over 5 years, from $3.6 billion in fiscal year 2006
to over $5.2 billion in fiscal year 2011.
Another vital focus of the bill is to strengthen educational
opportunities in science, technology, engineering, mathematics and
critical foreign languages. It authorizes competitive grants to States
to promote better coordination of elementary and secondary education
with the knowledge and skills needed for success in post-secondary
education, the workforce and the U.S. Armed Forces. Another key
emphasis is strengthening the skills of thousands of math and science
teachers through support for the Teachers Institutes for the 21st
Century Program at NSF.
As Ranking Member of the Space, Aeronautics and Related Sciences
Subcommittee of the Commerce Committee, and a member of the Science,
Technology and Innovation Subcommittee, I am especially pleased that
this legislation ensures that both NASA and NSF are able to expand
their strong traditional roles in fostering technological and
scientific excellence. The language we have crafted increases essential
NASA funding to support basic research and foster new innovation by
calling for full use of existing budget authority that we provided
within the 2005 NASA Authorization Act. Under the terms of this
legislation and the previous authorization, the Congress could provide
an additional $1.4 billion dollars in fiscal year 2008 for application
towards these activities, above what has been requested. By directing
NASA's full participation in inter-agency efforts for competitiveness
and innovation, this legislation points the way for the Administration
to now make use of that additional authority in supporting projects
that can help meet these important competitiveness and innovation
goals.
This bill represents an important first step in our efforts to meet
the increasing challenges to our Nation's competitive posture. I
encourage all of my colleagues to join in cosponsoring this bill and
working with us at the appropriate time to ensure its passage by this
body and its enactment into law.
______

By Mr. GRASSLEY (for himself, Mr. McCain, and Mr. Durbin):
S. 762. A bill to include dehydroepiandrosterone as an anabolic
steroid; to the Committee on the Judiciary.
Mr. GRASSLEY. Mr. President. I rise today to introduce a bill that
would further expand the definition of anabolic steroids under the
Controlled Substances Act to include DHEA. I am pleased to be joined in
this bi-partisan effort by my colleagues Senator McCain and Senator
Durbin.
Eight years ago, baseball fans everywhere were witness to history as
Roger Maris' 37 year old single season record of 61 home-runs was
finally broken. Mark McGwire and Sammy Sosa captivated the public as
their chase for the home-run record unfolded in living rooms
everywhere. Three years later, Barry Bonds of the San Francisco Giants
set a new record when he hit an unthinkable 73 home-runs in just one
season. Now, with another Major League Baseball season just around the
corner, the 42 year old Barry Bonds is on the brink of breaking the all
time home-run record held by the great Hank Aaron.
A lot has changed since that historic 1998 season though. We now know
that Mark McGwire had been taking an over the counter testosterone
boosting supplement known as ``Andro'' at the time he broke the home-
run record. A few years later, an anonymous phone call sparked what has
since become the largest doping scandal in professional sports history.
The BALCO scandal as it is famously known today, has exposed numerous
top athletes across a wide range of sports and continues to this day.
In fact, just this week, we learned that investigators found evidence
that testosterone and other performance enhancing drugs may have been
illegally purchased over the internet by current and former Major
League Baseball and NFL players, college athletes, high school coaches,
a former Mr. Olympia champion, and another top contender in the body
building competition.
The publicity generated from these doping scandals even spurred
Congress into action. In 2004, we passed legislation expanding the list
from 23 to 59 anabolic steroids that are now regulated by the DEA,
including ``Andro''. Legislation has also been introduced that would
force Major League Baseball and other professional sports leagues, to
strengthen their testing procedures and set new minimum penalties for
any violations of the policy.
While all this publicity has helped to raise public awareness about
the dangers of illegal performance enhancing drugs, much work remains
to be done. Some recent studies appear to indicate that the use of
illegal steroids among adolescents is beginning to decline. While this
is good news, an alarming number of young people are still turning to
these dangerous drugs to improve performance, appearance, or their self
image.
Even more widespread however, is the use of over the counter
supplements. Many young people turn to these ``supplements'' as an
alternative to already illegal steroids, mistakenly believing that
because they are sold over the counter, they must be safe. Yet, many of
these over the counter ``supplements'' actually produce the same
dangerous effects on the body as illegal steroids, some even become
steroids in the blood stream.
In the year following Mark McGwire's record breaking 70 home-run
season, sales of andro surged by more than 1000 percent. In 2004, we
took action to control sales of these dangerous drugs and protect the
unsuspecting public. Yet as I speak today, one anabolic steroid remains
on the shelves of health stores around the country. This potentially
harmful steroid can be bought by anyone, at any age and without
consulting a physician first.
DHEA, is a steroid hormone that when ingested in the body, is
converted into other more powerful steroid hormones including Andro and
Testosterone. Both Andro and Testosterone are already controlled by the
DEA under the Controlled Substances Act.
DHEA like all other steroids, may cause a number of long-term
physical and psychological effects. Women could experience facial hair
growth, scalp hair loss, deepening of the voice, and increased girth.
Men could experience increased blood pressure or breast enlargement.
Unfortunately, side effects associated with hormones don't always
appear right away. While these effects may be mild at low doses,
according to many experts high levels of DHEA might promote liver
damage and cancer of the breast or prostate over time. The truth is we
know very little about DHEA's long term effects.
In addition, because DHEA is marketed as a dietary supplement rather
than a medicine, companies distributing DHEA products are not required
to prove their safety and effectiveness to the Food and Drug
Administration. Therefore, it is impossible to tell if these products
are 100 percent pure or whether you are getting the same amount of DHEA
the label claims. In fact, in 2000, the Good Housekeeping Research
Group examined 8 popular DHEA products with ``antiaging'' claims and
found that 5 of the 8 brands sent to an independent lab for testing,
failed to accurately state the level of DHEA labeled on their product.
While often cited as an anti-aging pill, some advertisements do
specifically target athletes. Take for example this advertisement on
www.bodybuilding.com:

DHEA is HOT, and you will see why. As a pre-cursor hormone,
it leads to the production of other hormones. When this
compound

[[Page S2630]]

is supplemented, it has shown to have awesome effects.

Here is another advertisement found on AST Sports Sciences,

If you're a bodybuilder, and want to increase lean body
mass at the expense of body fat, actual studies show this
supplement may significantly alter body composition, favoring
lean mass accrual.

DHEA is already banned by the Olympics, the World Anti-Doping Agency,
the National Collegiate Athletic Association, the National Football
League, the National Basketball Association and minor league baseball,
yet under current Federal law it enjoys special protections.
In 2005, as Major League Baseball and their steroid policy were
coming under increasingly heavy fire, the top medical advisor to the
League turned the tables on us as lawmakers, referring to DHEA and
accusing us of failing to write a zero tolerance steroids policy into
Federal law.
With that in mind, I am pleased to introduce this legislation today,
which would put these potentially dangerous steroids behind the counter
where they belong. We must make every effort to keep ALL steroids out
of the hands of children and protect unsuspecting consumers. DHEA is
not a food supplement, and should be treated as every other
testosterone boosting substance in the steroid family.
I encourage my colleagues to join in support of this legislation.
I send the draft of this legislation to the desk and ask unanimous
consent that the text of this bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. INCLUSION OF DEHYDROEPIANDROSTERONE.

Section 102(41)(A) of the Controlled Substances Act (21
U.S.C. 802(41)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``corticosteroids, and dehydroepiandrosterone'' and inserting
``and corticosteroids'';
(2) by redesignating clauses (x) through (xlx) as clauses
(xi) through (xlxi), respectively; and
(3) by inserting after clause (ix) the following:
``(x) dehydroepiandrosterone (androst-5-en-3b-ol-17-
one);''.
______

By Mrs. CLINTON (for herself, Ms. Snowe, Mr. Bingaman, Mr. Nelson
of Florida, Mr. Kerry, Mr. Durbin, and Ms. Cantwell):
S. 764. A bill to amend title IXX and XXI of the Social Security Act
to permit States the option of coverage of legal immigrants under the
Medicaid Program and the State children's health insurance program
(SCHIP); to the Committee on Finance.
Mrs. CLINTON. Mr. President, today I am introducing the Legal
Immigrant Children's Health Improvement Act, legislation that would
again allow States to use Federal funds to provide critical healthcare
services to pregnant women and children. I want to thank Senator Snowe
for partnering with me on this bipartisan effort.
All across New York and America, legal immigrants work hard, pay
taxes, and exercise their civic responsibilities. I see examples of
this every day in New York. They fight for our country in the military.
They contribute to our Nation's competitiveness and economic growth.
They help revitalize neighborhoods and small towns across the country.
And most are fiercely proud to call themselves Americans.
Yet, in 1996, Congress denied safety net services to legal immigrants
who had been in the country for less than five years. Today, Senator
Snowe and I are introducing legislation that would take a first step
towards correcting that injustice. The Legal Immigrant Children's
Health Improvement Act will allow States to use Federal funds to make
the State Children's Health Insurance Program (SCHIP) and Medicaid
available to legal immigrant pregnant women and children who are within
the five year ban.
There is tremendous need for this legislation. An Urban Institute
study found that children of immigrants under the age of 6 years are
two times as likely to be in fair or poor health compared to same-age
children of natives, whereas 6 to 17 year old children of immigrants
are almost three times as likely to be in fair or poor health. While
most children receive preventative medical care, such as vaccines and
routine dental care, too often immigrant children do not. They are
forced to forego treatment and can ultimately end up seeking needed
care in emergency rooms--the least cost-effective place to provide
care. To make matters worse, minor illnesses, which would be easily
treated by a pediatrician, may snowball into life-threatening
conditions.
And women without access to prenatal care are four times more likely
to deliver low birth weight infants and seven times more likely to
deliver prematurely than women who receive prenatal care, according to
the Institute of Medicine. All of these health outcomes are costly to
society and to the individuals involved.
Today, 16 States, including New York and Maine, use State funds to
provide healthcare services to legal immigrant pregnant women and
children within the five year waiting period. An additional six States
provide some coverage to either pregnant woman or children.
The Legal Immigrant Children's Health Improvement has been endorsed
by a wide range of organizations including Asian American Justice
Center, Catholic Health Association, National Immigration Law Center,
National Health Law Program, Families USA, and National Council of La
Raza and I want to thank them for their support.
This year Congress will reauthorize the SCHIP program and it is my
hope that we will finally eliminate the unfair ban on legal immigrant
children and pregnant woman by incorporating the Immigrant Children's
Health Improvement Act into the reauthorization of SCHIP. I look
forward to working with Senator Snowe and my colleagues to enact this
bill into law.
______

By Mr. DURBIN (for himself, Mr. Obama, Ms. Murkowski, and Ms.
Mikulski):
S.J. Res. 5. A joint resolution proclaiming Casimir Pulaski to be an
honorary citizen of the United States posthumously; to the Committee on
the Judiciary.
Mr. DURBIN. Mr. President, I rise today to introduce S.J. Res. 5,
honoring the valor of General Casimir Pulaski, who made the ultimate
sacrifice in pursuit of American freedom. This Resolution would grant
posthumous honorary citizenship to General Pulaski.
Casimir Pulaski was a young soldier whose activities to advance
Polish liberty'' from Russian influence led to his exile from Poland.
In Paris, he met Benjamin Franklin and was inspired to join the
Continental Army in its fight for American independence.
On September 11, 1777, Casimir Pulaski fought with distinction in the
Battle of Brandywine. His bravery and abilities in battle averted an
American defeat and saved the life of George Washington. That same
year, Pulaski wrote to George Washington, ``I came here, where freedom
is being defended, to serve it, and to live or die for it.''
Casimir Pulaski was promoted to Brigadier General and, as General,
continued to provide great leadership. In 1779, at the siege of
Charleston, South Carolina, he helped to fend off British forces. Later
that year, his letter to George Washington proved prophetic when in
October, during a major offensive against British forces in Savannah,
Georgia, Pulaski was mortally wounded. He died at sea, aboard the
U.S.S. Wasp, on October 11, 1779.
General Pulaski's life and death inspired his contemporaries just as
he inspires us today. Shortly after his death, the Continental Congress
resolved to build a monument in his honor; one that proved to be the
first of many. In 1825, General Lafayette, an honorary American
citizen, laid the cornerstone for the Pulaski monument in Savannah,
Georgia. In 1929, Congress resolved that October 11 of each year would
be Pulaski Day in the United States, and several states have followed
this example. In 1973, my own state of Illinois designated the first
Monday of March as Pulaski Commemorative Day and in 1986 declared that
day to be a state holiday. There are countless schools, streets, and
memorials across the country that bear his name, and honor his great
contributions.
We in Illinois are privileged to have a large and vibrant Polish-
American

[[Page S2631]]

community. From Casimir Pulaski to legendary artists like Ignacy Jan
Paderewski, the Polish people have contributed a great deal to
Illinois, and to this country. Chicago is home to the Polish American
Congress, which encompasses three thousand Polish organizations across
the county, as well as the Polish Museum of America. The Polish-
American community also has a large presence in the Illinois National
Guard which has enjoyed a long-standing relationship with the Polish
Air Force.
I am honored to rise today, on Pulaski Commemorative Day, to
introduce this Resolution to grant posthumous honorary citizenship to
General Casimir Pulaski. Honorary citizenship is a proper tribute to a
man who gave his labor and life to the cause of American independence.
When we think of our Nation's struggle for freedom in its early years,
we also must think of Casimir Pulaski and his indelible contribution to
our Nation's birth.

____________________