[Congressional Record Volume 161, Number 104 (Tuesday, July 7, 2015)]
[Senate]
[Page S4799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2113. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs. 
Murray) to the bill S. 1177, to reauthorize the Elementary and 
Secondary Education Act of 1965 to ensure that every child achieves; 
which was ordered to lie on the table; as follows:

       On page 424, strike lines 5 through 12 and insert the 
     following:
       ``(1) not more than 5 percent for national activities 
     authorized under section 4109;

       On page 452, between lines 4 and 5, insert the following:

     ``SEC. 4109. NATIONAL ACTIVITIES.

       ``(a) APRA-ED.--From the funds reserved under section 
     4103(a)(1) to carry about this section, the Secretary may 
     reserve not more than 40 percent for each fiscal year to 
     carry out the activities of the Advanced Research Projects 
     Agency-Education established under section 221 of the 
     Department of Education Organization Act, as added by part C 
     of title X of the Every Child Achieves Act of 2015.
       ``(b) National Activities.--From the funds reserved under 
     section 4103(a)(1) and not further reserved in accordance 
     with subsection (a), the Secretary may carry out national 
     activities directly or through grants, contracts, or 
     agreements with public or private entities or individuals, or 
     other Federal agencies, such as providing technical 
     assistance to States and local educational agencies carrying 
     out activities under this part or conducting a national 
     evaluation.''.

       At the end of title X, add the following:

          PART C--ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION

     SEC. 10301. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION.

       The Department of Education Organization Act (20 U.S.C. 
     3401 et seq.) is amended by inserting after section 220 the 
     following new section:

     ``SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION.

       ``(a) Establishment.--There shall be in the Department an 
     Advanced Research Projects Agency-Education (referred to in 
     this section as `ARPA-ED').
       ``(b) Purposes.--ARPA-ED is established under this section 
     for the purposes of pursuing breakthrough research and 
     development in educational technology and providing the 
     effective use of the technology to improve achievement for 
     all students, by--
       ``(1) identifying and promoting revolutionary advances in 
     fundamental and applied sciences and engineering that could 
     be translated into new learning technologies;
       ``(2) developing novel learning technologies, and the 
     enabling processes and contexts for effective use of those 
     technologies;
       ``(3) developing, testing, and evaluating the impact and 
     efficacy of those technologies;
       ``(4) accelerating transformational technological advances 
     in areas in which the private sector, by itself, is not 
     likely to accelerate such advances because of difficulties in 
     implementation or adoption, or technical and market 
     uncertainty;
       ``(5) coordinating activities with nongovernmental entities 
     to demonstrate technologies and research applications to 
     facilitate technology transfer; and
       ``(6) encouraging educational research using new 
     technologies and the data produced by the technologies.
       ``(c) Authorities of Secretary.--The Secretary is 
     authorized to--
       ``(1) appoint a Director, who shall be responsible for 
     carrying out the purposes of ARPA-ED, as described in 
     subsection (b), and such additional functions as the 
     Secretary may prescribe;
       ``(2) establish processes for the development and execution 
     of projects and the solicitation of entities to carry out the 
     projects in a manner that is--
       ``(A) tailored to the purposes of ARPA-ED and not 
     constrained by other Department-wide administrative 
     requirements that could detract from achieving program 
     results; and
       ``(B) designed to heighten transparency, and public- and 
     private-sector involvement, to ensure that investments are 
     made in the most promising areas;
       ``(3) award grants, contracts, cooperative agreements, and 
     cash prizes, and enter into other transactions (in accordance 
     with such regulations as the Secretary may establish 
     regarding other transactions);
       ``(4) make appointments of up to 20 scientific, 
     engineering, professional, and other mission-related 
     employees, for periods of up to 4 years (which appointments 
     may not be renewed) without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service;
       ``(5)(A) prescribe the rates of basic pay for the personnel 
     described in paragraph (4) at rates not in excess of the 
     maximum rate of basic pay authorized for senior-level 
     positions under section 5376 of title 5, United States Code, 
     notwithstanding any provision of that title governing the 
     rates of basic pay or classification of employees in the 
     executive branch, but those personnel shall not receive any 
     payment for service (such as an award, premium payment, 
     incentive payment or bonus, allowance, or other similar 
     payment) under any other provision of that title; and
       ``(B) pay any employee appointed pursuant to paragraph (4) 
     payments in addition to that basic pay, except that the total 
     amount of those payments for any calendar year shall not 
     exceed the lesser of--
       ``(i) $25,000; or
       ``(ii) the difference between the employee's annual rate of 
     basic pay under paragraph (4) and the annual rate for level I 
     of the Executive Schedule under section 5312 of title 5, 
     United States Code, based on the rates in effect at the end 
     of the applicable calendar year (or, if the employee 
     separated during that year, on the date of separation);
       ``(6) obtain independent, periodic, rigorous evaluations, 
     as appropriate, of--
       ``(A) the effectiveness of the processes ARPA-ED is using 
     to achieve its purposes; and
       ``(B) the effectiveness of individual projects assisted by 
     ARPA-ED, using evidence standards developed in consultation 
     with the Institute of Education Sciences, and the suitability 
     of ongoing projects assisted by ARPA-ED for further 
     investment or increased scale; and
       ``(7) disseminate, through the comprehensive centers 
     established under section 203 of the Educational Technical 
     Assistance Act of 2002 (20 U.S.C. 9602), the regional 
     educational laboratories system established under section 174 
     of the Education Sciences Reform Act of 2002 (20 U.S.C. 
     9564), or such other means as the Secretary determines to be 
     appropriate, information on effective practices and 
     technologies developed with ARPA-ED support.
       ``(d) Evaluation Funds.--The Secretary may use funds made 
     available for ARPA-ED to pay the cost of the evaluations 
     under subsection (c)(6).
       ``(e) Federal Advisory Committee Act.--Notwithstanding any 
     other provision of law, any advisory committee convened by 
     the Secretary to provide advice with respect to this section 
     shall be exempt from the requirements of the Federal Advisory 
     Committee Act (5 U.S.C. App.) and the definition of 
     `employee' in section 2105 of title 5, United States Code, 
     shall not be considered to include any appointee to such a 
     committee.
       ``(f) Nonduplication.--To the maximum extent practicable, 
     the Secretary shall ensure that grants, contracts, 
     cooperative agreements, cash prizes, or other assistance or 
     arrangements awarded or entered into pursuant to this section 
     that are designed to carry out the purposes of ARPA-ED do not 
     duplicate activities under programs carried out under Federal 
     law other than this section by the Department or other 
     Federal agencies.''.
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