[Congressional Record (Bound Edition), Volume 153 (2007), Part 7]
[Senate]
[Pages 9845-9871]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 913. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FEASIBILITY STUDY ON FREE ONLINE COLLEGE DEGREE 
                   PROGRAM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Commerce shall enter 
     into a contract with the National Academy of Sciences to 
     conduct and complete a feasibility study on creating a 
     national, free online college degree program that would be 
     available to all United States citizens who wish to pursue a 
     degree in a field of strategic importance to the United 
     States and where expertise is in demand, such as mathematics, 
     sciences, and foreign languages. The study shall look at the 
     need for a free college degree program as well as the 
     feasibility of--
       (1) developing online course content;
       (2) developing sufficiently rigorous tests to determine 
     mastery of a field of study; and
       (3) sustaining the program through private funding.
       (b) Study.--The study described in subsection (a) shall 
     also include a review of existing online education programs 
     to determine the extent to which these programs offer a 
     rigorous curriculum in areas like mathematics and science and 
     the National Academy of Sciences shall make recommendations 
     for how online degree programs can be assessed and 
     accredited.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $500,000 for 
     fiscal year 2008.
                                 ______
                                 
  SA 914. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. H-1B VISA EMPLOYER FEE.

       (a) In General.--Section 214(c)(9)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by 
     striking ``$1,500'' and inserting ``$2,000''.
       (b) Use of Additional Fee.--Section 286 of such Act (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(w) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account 25 percent 
     of the fees collected under section 214(c)(9)(B).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
                                 ______
                                 
  SA 915. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       On page 120, strike lines 1 through 8, and insert the 
     following:
       (d) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to eligible entities that--
       (1) 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; and
       (2) make Advanced Placement math, science, and critical 
     foreign language courses available to students who are 
     prepared for such work not later than 9th or 10th grade.
       On page 127, line 6, insert ``by the grade the student is 
     enrolled in,'' after ``subject,''.
       On page 127, line 12, insert ``by the grade the student is 
     enrolled in at the time of the examination'' before the 
     semicolon.
                                 ______
                                 
  SA 916. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       Beginning on page 69, strike line 21 and all that follows 
     through line 4 on page 70, and insert the following:
       ``(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--
       ``(A) 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); and
       ``(B) experimental learning opportunities to advanced 
     students in middle and secondary schools to strengthen 
     learning in mathematics and science in accordance with the 
     activities authorized under subsection (c).''.
       On page 70, line 13, inserting after ``grade 12,'' the 
     following: ``and to provide experimental learning 
     opportunities to advanced students in middle and secondary 
     schools to strengthen learning in mathematics and science''.
       On page 70, line 21, strike ``and'' at the end.
       On page 70, between lines 21 and 22, insert the following:
       ``(ii) assists in providing experimental learning 
     opportunities to advanced middle and secondary school 
     students; and''.
       On page 70, line 22, strike ``(ii)'' and insert ``(iii)''.
       On page 72, line 2, strike ``and'' at the end.
       On page 72, line 4, strike the period and insert ``; and''.
       On page 72, between lines 4 and 5, insert the following:
       ``(9) in the case of a program described in subsection 
     (b)(1)(B), create, under the guidance of experienced 
     teachers, college faculty, and math and science 
     professionals, experimental, hands-on opportunities for 
     advanced middle and secondary school students that supplement 
     coursework available in their school districts, allows them 
     to explore science topics in depth, provides opportunities to 
     work with scientists on current and future research projects, 
     and expose students to math and science career paths.''.
                                 ______
                                 
  SA 917. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--

[[Page 9846]]

       (1) The national debt of the United States of America now 
     exceeds $8,500,000,000,000.
       (2) Each United States citizen's share of this debt exceeds 
     $29,000.
       (3) Every cent that the United States Government borrows 
     and adds to this debt is money stolen from future generations 
     of Americans and from important programs, including Social 
     Security and Medicare on which our senior citizens depend for 
     their retirement security.
       (4) The power of the purse belongs to Congress.
       (5) Congress authorizes and appropriates all Federal 
     discretionary spending and creates new mandatory spending 
     programs.
       (6) For too long, Congress has simply borrowed more and 
     more money to pay for new spending, while Americans want 
     Congress to live within its means, using the same set of 
     common sense rules and restraints Americans face everyday; 
     because in the real world, families cannot follow Congress's 
     example and must make difficult decisions and set priorities 
     on how to spend their limited financial resources.
       (7) Last year, the interest costs of the Federal debt the 
     government must pay to those who buy U.S. Treasury bonds were 
     about 8 percent of the total Federal budget. In total, the 
     Federal government spent $226 billion on interest costs alone 
     last year.
       (8) According to the Government Accountability Office, 
     interest costs will consume 25 percent of the entire Federal 
     budget by 2035. By way of comparison, the Department of 
     Education's share of Federal spending in 2005 was 
     approximately 3 percent of all Federal spending. The 
     Department of Health and Human Services was responsible for 
     approximately 23 percent of all Federal spending. Spending by 
     the Social Security Administration was responsible for about 
     20 percent of all Federal spending. Spending on Medicare was 
     about 12 percent of all Federal spending. Spending in 2005 by 
     the Department of Defense--in the midst of two wars in Iraq 
     and Afghanistan and a global war against terrorism--comprised 
     about 19 percent of all Federal spending. Thus, if we do not 
     change our current spending habits, GAO estimates that as a 
     percentage of Federal spending, interest costs in 2035 will 
     be larger than defense costs today, Social Security costs 
     today, Medicare costs today, and education costs today.
       (9) The Federal debt undermines United States 
     competitiveness by consuming capital that would otherwise be 
     available for private enterprise and innovation.
       (10) It is irresponsible for Congress to create or expand 
     government programs that will result in borrowing from Social 
     Security, Medicare, foreign nations, or future generations of 
     Americans without reductions in spending elsewhere within the 
     Federal budget.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress has a moral obligation to offset the cost of 
     new Government programs and initiatives.

                                 ______
                                 
  SA 918. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                     DIVISION E--GENERAL PROVISIONS

     SEC. 5001. SUNSET.

       The provisions of this Act, and the amendments made by this 
     Act, shall cease to have force or effect on and after October 
     1, 2011.
                                 ______
                                 
  SA 919. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       Strike title III.
                                 ______
                                 
  SA 920. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       Beginning on page 68, strike line 16 and all that follows 
     through page 74, line 8, and insert the following:

                      ``CHAPTER 4--NUCLEAR SCIENCE

                                 ______
                                 
  SA 921. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows.

       At the appropriate place, insert the following:

     SEC. __. DISCONTINUATION OF THE ADVANCED TECHNOLOGY PROGRAM.

       (a) Repeal.--Section 28 of the Act of March 3, 1901 (15 
     U.S.C. 278n) is repealed.
       (b) Unobligated Balances.--Any amounts appropriated for the 
     Advanced Technology Program of the National Institute of 
     Standards and Technology, which are unobligated as of the 
     effective date of this section, shall be deposited in the 
     General Fund of the Treasury of the United States for debt 
     reduction.
       (c) Effective Date.--This section shall take effect on the 
     date that is 90 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 922. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows.

       At the end of title V of division A, add the following:

     SEC. 1503. NOAA ACCOUNTABILITY AND TRANSPARENCY.

       (a) Review of Activities Carried Out With NOAA Funds.--
       (1) Requirement for review.--The Inspector General of the 
     Department of Commerce shall conduct routine, independent 
     reviews of the activities carried out with grants or other 
     financial assistance made available by the Administrator of 
     the National Oceanic and Atmospheric Administration. Such 
     reviews shall include cost-benefit analysis of such 
     activities and reviews to determine if the goals of such 
     activities are being accomplished.
       (2) Availability to the public.--The Administrator shall 
     make each review conducted pursuant to paragraph (1) 
     available to the public through the website of the 
     Administration not later than 60 days after the date such 
     review is completed.
       (b) Prohibition on Use of NOAA Funds for Meetings.--No 
     funds made available by the Administrator through a grant or 
     contract may be used by the person who received such grant or 
     contract, including any subcontractor to such person, for a 
     banquet or conference, other than a conference related to 
     training or a routine meeting with officers or employees of 
     the Administration to discuss an ongoing project or training.
       (c) Prohibition on Conflicts of Interest.--Each person who 
     receives funds from the Administrator through a grant or 
     contract shall submit to the Administrator a certification 
     stating that none of such funds will be made available 
     through a subcontract or in any other manner to another 
     person who has a financial interest or other conflict of 
     interest with the person who received such funds from the 
     Administrator.
                                 ______
                                 
  SA 923. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows.

       On page 5, line 19, strike the period at the end and insert 
     the following: ``, including representatives of science, 
     technology, and engineering organizations and associations 
     that represent women and underrepresented minorities in 
     science and technology enterprises.''.
       On page 5, line 24, strike ``for areas'' and insert ``, 
     including recommendations to increase the representation of 
     women and underrepresented minorities in science, 
     engineering, and technology enterprises, for areas''.
       Beginning on page 8, strike line 9 and all that follows 
     through page 9, line 8, and insert the following:
       ``(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, identified 
     by ethnicity, race, and gender;
       ``(B) the rate of student entrance into institutions of 
     higher education, identified by ethnicity, race, and gender, 
     by type of institution, and barriers to access to 
     institutions of higher education;
       ``(C) the rates of--
       ``(i) students successfully completing postsecondary 
     education programs, identified by ethnicity, race, and 
     gender; and
       ``(ii) certificates, associate degrees, and baccalaureate 
     degrees awarded in the fields of science, technology, 
     engineering, and mathematics, identified by ethnicity, race, 
     and gender; and
       ``(D) access to, and availability of, high quality job 
     training programs;
       ``(12) the projected outcomes of increasing the number of 
     members of underrepresented groups, such as women and 
     underrepresented minorities, in science, technology, 
     engineering, and mathematics fields; and
       ``(13) the identification of strategies to increase the 
     participation of women and underrepresented minorities into 
     science, technology, engineering, and mathematics fields.

[[Page 9847]]

       On page 12, line 20, after ``employees'' insert the 
     following: ``, including partnerships with scientific, 
     engineering, and mathematical professional organizations 
     representing women and minorities underrepresented in such 
     areas,''.
       On page 17, line 18, strike the period at the end and 
     insert the following: ``, including strategies for increasing 
     the participation of women and underrepresented minorities 
     into science, technology, engineering, and mathematics 
     fields.''.
       On page 19, insert between lines 22 and 23, the following:
       ``(vi) Nongovernmental organizations, such as professional 
     organizations, that represent women and underrepresented 
     minorities in the areas of science, engineering, technology, 
     and mathematics.
                                 ______
                                 
  SA 924. Mr. OBAMA (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       On page 145, between lines 13 and 14, insert the following:

     SEC. 3202. SUMMER TERM EDUCATION PROGRAMS.

       (a) Purpose.--The purpose of this section is to create 
     opportunities for summer learning by providing students with 
     access to summer learning in mathematics, technology, and 
     problem-solving to ensure that students do not experience 
     learning losses over the summer and to remedy, reinforce, and 
     accelerate the learning of mathematics and problem-solving.
       (b) Definitions.--In this section:
       (1) Educational service agency.--The term ``educational 
     service agency'' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).
       (2) Eligible entity.--The term ``eligible entity'' means an 
     entity that--
       (A) desires to participate in a summer learning grant 
     program under this section by providing summer learning 
     opportunities described in subsection (d)(4)(A)(ii) to 
     eligible students; and
       (B) is--
       (i) a local educational agency;
       (ii) a for-profit educational provider, nonprofit 
     organization, science center, museum, or summer enrichment 
     camp, that has been approved by the State educational agency 
     to provide the summer learning opportunity described in 
     subsection (d)(4)(A)(ii), including an entity that is in good 
     standing that has been previously approved by a State 
     educational agency to provide supplemental educational 
     services; or
       (iii) a consortium consisting of a local educational agency 
     and 1 or more of the following entities:

       (I) Another local educational agency.
       (II) A community-based youth development organization with 
     a demonstrated record of effectiveness in helping students 
     learn.
       (III) An institution of higher education.
       (IV) An educational service agency.
       (V) A for-profit educational provider described in clause 
     (ii).
       (VI) A nonprofit organization described in clause (ii).
       (VII) A summer enrichment camp described in clause (ii)

       (3) Eligible student.--The term ``eligible student'' means 
     a student who--
       (A) is eligible for a free lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
       (B) is served by a local educational agency identified by 
     the State educational agency in the application described in 
     subsection (c)(2); or
       (C)(i) in the case of a summer learning grant program 
     authorized under this section for fiscal year 2008, 2009, or 
     2010, is eligible to enroll in any of the grades kindergarten 
     through grade 3 for the school year following participation 
     in the program; or
       (ii) in the case of a summer learning grant program 
     authorized under this section for fiscal year 2011 or 2012, 
     is eligible to enroll in any of the grades kindergarten 
     through grade 5 for the school year following participation 
     in the program.
       (4) 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)).
       (5) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (7) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the United 
     States Virgin Islands, the Commonwealth of the Northern 
     Mariana Islands, the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and the Republic of Palau.
       (8) State educational agency.--The term ``State educational 
     agency'' has the meaning given the term in section 9101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (c) Demonstration Grant Program.--
       (1) Program authorized.--
       (A) In general.--From the funds appropriated under 
     subsection (f) for a fiscal year, the Secretary shall carry 
     out a demonstration grant program in which the Secretary 
     awards grants, on a competitive basis, to State educational 
     agencies to enable the State educational agencies to pay the 
     Federal share of summer learning grants for eligible 
     students.
       (B) Number of grants.--For each fiscal year, the Secretary 
     shall award not more than 5 grants under this section.
       (2) Application.--A State educational agency that desires 
     to receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require. Such application shall identify the areas in the 
     State where the summer learning grant program will be offered 
     and the local educational agencies that serve such areas.
       (3) Award basis.--
       (A) Special consideration.--In awarding grants under this 
     section, the Secretary shall give special consideration to a 
     State educational agency that agrees, to the extent possible, 
     to enter into agreements under subsection (d)(4) with 
     eligible entities that are consortia described in subsection 
     (b)(2)(B)(iii) and that include 2 or more of the entities 
     described in subclauses (I) through (VII) of such subsection 
     (b)(2)(B)(iii) as partners.
       (B) Geographic distribution.--In awarding grants under this 
     section, the Secretary shall take into consideration an 
     equitable geographic distribution of the grants.
       (d) Summer Learning Grants.--
       (1) Use of grants for summer learning grants.--
       (A) In general.--Each State educational agency that 
     receives a grant under subsection (c) for a fiscal year shall 
     use the grant funds to provide summer learning grants for the 
     fiscal year to eligible students in the State who desire to 
     attend a summer learning opportunity offered by an eligible 
     entity that enters into an agreement with the State 
     educational agency under paragraph (4)(A).
       (B) Amount; federal and non-federal shares.--
       (i) Amount.--The amount of a summer learning grant provided 
     under this section shall be--

       (I) for each of the fiscal years 2008 through 2011, $1,600; 
     and
       (II) for fiscal year 2012, $1,800.

       (ii) Federal share.--The Federal share of each summer 
     learning grant shall be not more than 50 percent of the 
     amount of the summer learning grant determined under clause 
     (i).
       (iii) Non-federal share.--The non-Federal share of each 
     summer learning grant shall be not less than 50 percent of 
     the amount of the summer learning grant determined under 
     clause (i), and shall be provided from non-Federal sources, 
     such as State or local sources.
       (2) Designation of summer scholars.--Eligible students who 
     receive summer learning grants under this section shall be 
     known as ``summer scholars''.
       (3) Selection of summer learning opportunity.--
       (A) Dissemination of information.--A State educational 
     agency that receives a grant under subsection (c) shall 
     disseminate information about summer learning opportunities 
     and summer learning grants to the families of eligible 
     students in the State.
       (B) Application.--The parents of an eligible student who 
     are interested in having their child participate in a summer 
     learning opportunity and receive a summer learning grant 
     shall submit an application to the State educational agency 
     that includes a ranked list of preferred summer learning 
     opportunities.
       (C) Process.--A State educational agency that receives an 
     application under subparagraph (B) shall--
       (i) process such application;
       (ii) determine whether the eligible student shall receive a 
     summer learning grant;
       (iii) coordinate the assignment of eligible students 
     receiving summer learning grants with summer learning 
     opportunities; and
       (iv) if demand for a summer learning opportunity exceeds 
     capacity--

       (I) in a case where information on the school readiness 
     (based on school records and assessments of student 
     achievement) of the eligible students is available, give 
     priority for the summer learning opportunity to eligible 
     students with low levels of school readiness; or
       (II) in a case where such information on school readiness 
     is not available, rely on randomization to assign the 
     eligible students.

       (D) Flexibility.--A State educational agency may assign a 
     summer scholar to a summer learning opportunity program that 
     is offered in an area served by a local educational agency 
     that is not the local educational agency serving the area 
     where such scholar resides.
       (E) Requirement of acceptance.--An eligible entity shall 
     accept, enroll, and provide the summer learning opportunity 
     of such entity to, any summer scholar assigned to such

[[Page 9848]]

     summer learning opportunity by a State educational agency 
     pursuant to this subsection.
       (4) Agreement with eligible entity.--
       (A) In general.--A State educational agency shall enter 
     into an agreement with the eligible entity offering a summer 
     learning opportunity, under which--
       (i) the State educational agency shall agree to make 
     payments to the eligible entity, in accordance with 
     subparagraph (B), for a summer scholar; and
       (ii) the eligible entity shall agree to provide the summer 
     scholar with a summer learning opportunity that--

       (I) provides a total of not less than the equivalent of 30 
     full days of instruction (or not less than the equivalent of 
     25 full days of instruction, if the equivalent of an 
     additional 5 days is devoted to field trips or other 
     enrichment opportunities) to the summer scholar;
       (II) employs small-group, research-based educational 
     programs, materials, curricula, and practices;
       (III) provides a curriculum that--

       (aa) emphasizes mathematics, technology, engineering, and 
     problem-solving through experiential learning opportunities;
       (bb) is primarily designed to increase the numeracy and 
     problem-solving skills of the summer scholar; and
       (cc) is aligned with the standards and goals of the school 
     year curriculum of the local educational agency serving the 
     summer scholar;

       (IV) applies assessments to measure the skills taught in 
     the summer learning opportunity and disaggregates the results 
     of the assessments for summer scholars by race and ethnicity, 
     economic status, limited English proficiency status, and 
     disability category, in order to determine the opportunity's 
     impact on each subgroup of summer scholars;
       (V) collects daily attendance data on each summer scholar;
       (VI) provides professional development opportunities for 
     teachers to improve their practice in teaching numeracy, and 
     in integrating problem-solving techniques into the 
     curriculum; and
       (VII) meets all applicable Federal, State, and local civil 
     rights laws.

       (B) Amount of payment.--
       (i) In general.--Except as provided in clause (ii), a State 
     educational agency shall make a payment to an eligible entity 
     for a summer scholar in the amount determined under paragraph 
     (1)(B)(i).
       (ii) Adjustment.--In the case in which a summer scholar 
     does not attend the full summer learning opportunity, the 
     State educational agency shall reduce the amount provided to 
     the eligible entity pursuant to clause (i) by a percentage 
     that is equal to the percentage of the summer learning 
     opportunity not attended by such scholar.
       (5) Use of school facilities.--State educational agencies 
     are encouraged to require local educational agencies in the 
     State to allow eligible entities, in offering summer learning 
     opportunities, to make use of school facilities in schools 
     served by such local educational agencies at reasonable or no 
     cost.
       (6) Access of records.--An eligible entity offering a 
     summer learning opportunity under this section is eligible to 
     receive, upon request, the school records and any previous 
     supplemental educational services assessment records of a 
     summer scholar served by such entity.
       (7) Administrative costs.--A State educational agency or 
     eligible entity receiving funding under this section may use 
     not more than 5 percent of such funding for administrative 
     costs associated with carrying out this section.
       (e) Evaluations; Report; Website.--
       (1) Evaluation and assessment.--For each year that an 
     eligible entity enters into an agreement under subsection 
     (d)(4), the eligible entity shall prepare and submit to the 
     Secretary a report on the activities and outcomes of each 
     summer learning opportunity that enrolled a summer scholar, 
     including--
       (A) information on the design of the summer learning 
     opportunity;
       (B) the alignment of the summer learning opportunity with 
     State standards; and
       (C) data from assessments of student mathematics and 
     problem-solving skills for the summer scholars and on the 
     attendance of the scholars, disaggregated by the subgroups 
     described in subsection (d)(4)(A)(ii)(IV).
       (2) Report.--For each year funds are appropriated under 
     subsection (f) for this section, the Secretary shall prepare 
     and submit a report to Congress on the summer learning grant 
     programs, including the effectiveness of the summer learning 
     opportunities in improving student achievement and learning.
       (3) Summer learning grants website.--The Secretary shall 
     make accessible, on the Department of Education website, 
     information for parents and school personnel on successful 
     programs and curricula, and best practices, for summer 
     learning opportunities.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $50,000,000 for 
     fiscal year 2008 and such sums as may be necessary for each 
     of the fiscal years 2009 through 2012.
                                 ______
                                 
  SA 925. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                    TITLE     --TECHNOLOGY TRANSFER

       SEC. --01. TECHNOLOGY TRANSFER OPPORTUNITIES.

       (a) In General.--The Secretary of Commerce shall conduct a 
     study of technology transfer barriers, best practices, and 
     outcomes of technology transfer activities at Federal 
     laboratories related to the licensing and commercialization 
     of energy efficient technologies, and other technologies 
     that, compared to similar technology in commercial use, 
     result in reduced emissions of greenhouse gases, increased 
     ability to adapt to climate change impacts, or increased 
     sequestration of greenhouse gases. The Secretary shall submit 
     a report setting forth the findings and conclusions of the 
     study to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science within 6 months after the date of enactment of this 
     Act. The Secretary shall work with the existing interagency 
     working group to address identified barriers to technology 
     transfer.
       (b) Business Opportunities Study.--The Secretary of 
     Commerce shall perform an analysis of business opportunities, 
     both domestically and internationally, available for climate 
     change technologies. The Secretary shall transmit the 
     Secretary's findings and recommendations from the first such 
     analysis to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science within 6 months after the date of enactment of this 
     Act, and shall transmit a revised report of such findings and 
     recommendations to those Committees annually thereafter.
       (c) Agency Report to Include Information on Technology 
     Transfer Income and Royalties.--Paragraph (2)(B) of section 
     11(f) of the Stevenson-Wydler Technology Innovation Act of 
     1980 (15 U.S.C. 3710(f)) is amended--
       (1) by striking ``and'' after the semicolon in clause (vi);
       (2) by redesignating clause (vii) as clause (ix); and
       (3) by inserting after clause (vi) the following:
       ``(vii) the number of fully-executed licenses which 
     received royalty income in the preceding fiscal year for 
     climate-change or energy-efficient technology;
       ``(viii) the total earned royalty income for climate-change 
     or energy-efficient technology; and''.
       (d) Increased Incentives for Development of Climate-Change 
     or Energy-Efficient Technology.--Section 14(a) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710c(a)) is amended--
       (1) by striking ``15 percent,'' in paragraph (1)(A) and 
     inserting ``15 percent (25 percent for climate change-related 
     technologies),''; and
       (2) by inserting ``($250,000 for climate change-related 
     technologies)'' after ``$150,000'' each place it appears in 
     paragraph (3).

       SEC. --02. INTERDISCIPLINARY RESEARCH AND 
                   COMMERCIALIZATION.

       (a) In General.--The Director of the National Science 
     Foundation shall develop and implement a plan to increase and 
     establish priorities for funding for multidisciplinary and 
     interdisciplinary research at universities in support of the 
     adaptation to and mitigation of climate change. The plan 
     shall--
       (1) address the cross-fertilization and fusion of research 
     within and across the biological and physical sciences, the 
     spectrum of engineering disciplines, and entirely new fields 
     of scientific exploration; and
       (2) include the area of emerging service sciences.
       (b) Report to Congress.--The Director shall transmit a copy 
     of the plan to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science within 6 months after the date of enactment of this 
     Act.
       (c) Service Science Defined.--In this section, the term 
     ``service science'' means the melding together of the fields 
     of computer science, operations research, industrial 
     engineering, mathematics, management science, decision 
     sciences, social sciences, and legal sciences in a manner 
     that may transform entire enterprises and drive innovation at 
     the intersection of business and technology expertise.

       SEC. --03. CLIMATE INNOVATION PARTNERSHIPS.

       (a) In General.--The Secretary of Commerce, in consultation 
     with the Director of the National Science Foundation, shall 
     create a program of public-private partnerships that--
       (1) focus on supporting climate change related regional 
     innovation;
       (2) bridge the gap between the long-term research and 
     commercialization;
       (3) focus on deployment of technologies needed by a 
     particular region in adapting or mitigating the impacts of 
     climate change; and

[[Page 9849]]

       (4) support activities that are selected from proposals 
     submitted in merit-based competitions.
       (b) Institutional Diversity.--In creating the program, the 
     Secretary and the Administrator shall--
       (1) encourage institutional diversity; and
       (2) provide that universities, research centers, national 
     laboratories, and other non-profit organizations are allowed 
     to partner with private industry in submitting applications.
       (c) Grants.--The Secretary may make grants under the 
     program to the partnerships, but the Federal share of funding 
     for any project may not exceed 50 percent of the total 
     investment in any fiscal year.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to carry out this section.

       SEC. --04. RESEARCH GRANTS.

       Section 105 of the Global Change Research Act of 1990 (15 
     U.S.C. 2935) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Research Grants.--
       ``(1) Committee to develop list of priority research 
     areas.--The Committee shall develop a list of priority areas 
     for research and development on climate change that are not 
     being addressed by Federal agencies.
       ``(2) Director of OSTP to transmit list to NSF.--The 
     Director of the Office of Science and Technology Policy shall 
     transmit the list to the National Science Foundation.
       ``(3) Funding through NSF.--
       ``(A) Budget request.--The National Science Foundation 
     shall include, as part of the annual request for 
     appropriations for the Science and Technology Policy 
     Institute, a request for appropriations to fund research in 
     the priority areas on the list developed under paragraph (1).
       ``(B) Authorization.--For fiscal year 2008 and each fiscal 
     year thereafter, there are authorized to be appropriated to 
     the National Science Foundation not less than $25,000,000, to 
     be made available through the Science and Technology Policy 
     Institute, for research in those priority areas.''.

       SEC. --05. ABRUPT CLIMATE CHANGE RESEARCH.

       (a) In General.--The Secretary, through the National 
     Oceanic and Atmospheric Administration, shall carry out a 
     program of scientific research on potential abrupt climate 
     change designed--
       (1) to develop a global array of terrestrial and 
     oceanographic indicators of paleoclimate in order 
     sufficiently to identify and describe past instances of 
     abrupt climate change;
       (2) to improve understanding of thresholds and 
     nonlinearities in geophysical systems related to the 
     mechanisms of abrupt climate change;
       (3) to incorporate these mechanisms into advanced 
     geophysical models of climate change; and
       (4) to test the output of these models against an improved 
     global array of records of past abrupt climate changes.
       (b) Abrupt Climate Change Defined.--In this section, the 
     term ``abrupt climate change'' means a change in climate that 
     occurs so rapidly or unexpectedly that human or natural 
     systems may have difficulty adapting to it.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $60,000,000 for fiscal 
     year 2008 to carry out this section, such sum to remain 
     available until expended.

       SEC. --06. NATIONAL CLIMATE CHANGE VULNERABILITY AND 
                   RESILIENCE PROGRAM.

       (a) Establishment.--The Secretary of Commerce shall 
     establish a National Climate Change Vulnerability and 
     Resilience Program to evaluate and make recommendations about 
     local, regional, and national vulnerability and resilience to 
     impacts relating to longer-term climatic changes and shorter-
     term climatic variations, including changes and variations 
     resulting from human activities.
       (b) Consultation.--In designing the Program, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration shall consult with Federal agencies 
     participating in the United States Global Change Research 
     Program established under section 103 of the Global Change 
     Research Act of 1990 (15 U.S.C. 2933) and any other 
     appropriate Federal, State, or local agency.
       (c) Office of Climate Change Vulnerability and Resilience 
     Research.--The Secretary shall establish an Office of Climate 
     Change Vulnerability and Resilience Research within the 
     Department of Commerce, which shall--
       (1) be responsible for managing the Program; and
       (2) in accordance with the design of the Program, 
     coordinate climatic change and climatic variation 
     vulnerability and resilience research in the United States.
       (d) Vulnerability Assessments.--The Program shall include--
       (1) evaluations, based on historical data, current 
     observational data, and, where appropriate, available 
     predictions, of local, State, regional, and national 
     vulnerability to phenomena associated with climatic change 
     and climatic variation, including--
       (A) severe weather events, such as severe thunderstorms, 
     tornadoes, and hurricanes;
       (B) annual and interannual climate events, such as the El 
     Nino Southern Oscillation and the North Atlantic Oscillation;
       (C) changes in sea level and shifts in the hydrological 
     cycle;
       (D) natural hazards, including tsunamis, droughts, floods, 
     and wildfires; and
       (E) alterations of ecological communities as a result of 
     climatic change and climatic variation; and
       (2) the production of a vulnerability scorecard, in 
     cooperation with State and local institutions including 
     university researchers and programs, that assesses the 
     vulnerability and capacity of each State to respond to 
     climatic change and climatic variation hazards.
       (e) Preparedness Recommendations.--Not later than 2 years 
     after the date of enactment of this Act, the Office shall 
     submit to Congress a report that--
       (1) includes the vulnerability scorecards produced under 
     subsection (d)(2); and
       (2) identifies, and recommends implementation and funding 
     strategies for, short-term and long-term actions that may be 
     taken at the local, State, regional, or national level--
       (A) to minimize climatic change and climatic variation 
     threats to human life and property;
       (B) to minimize negative economic impacts of climatic 
     change and climatic variation; and
       (C) to improve resilience to climatic change and climatic 
     variation hazards.
       (f) Vulnerability Research.--In addition to other 
     responsibilities under this section, the Office shall--
       (1) apply the results of available vulnerability research 
     to develop and improve criteria that measure resilience to 
     climatic change and climatic variation hazards at the local, 
     State, regional, and national levels;
       (2) coordinate the implementation of short-term and long-
     term research programs based on the recommendations made 
     under subsection (e)(2);
       (3) measure progress in increasing the capacity of each 
     State to respond to climatic change and climatic variation 
     hazards, using the vulnerability scorecards produced under 
     subsection (d)(2) as a benchmark; and
       (4) not less than annually, review and, if appropriate due 
     to the availability of additional information, update the 
     vulnerability scorecards and the recommendations made under 
     subsection (e)(2).
       (g) Information and Technology Dissemination.--The 
     Secretary shall--
       (1) make widely available appropriate information, 
     technologies, and products to assist local, State, regional, 
     and national efforts to reduce loss of life and property due 
     to climatic change and climatic variation; and
       (2) coordinate the dissemination of the information, 
     technologies, and products through all appropriate channels.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $10,000,000.
                                 ______
                                 
  SA 926. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the end of division D, insert the following:

     SEC. ___. PARTNERSHIPS FOR ACCESS TO LABORATORY SCIENCE PILOT 
                   PROGRAM.

       (a) Findings.--Congress finds the following:
       (1) To remain competitive in science and technology in the 
     global economy, the United States must increase the number of 
     students graduating from high school prepared to pursue 
     postsecondary education in science, technology, engineering, 
     and mathematics.
       (2) There is broad agreement in the scientific community 
     that learning science requires direct involvement by students 
     in scientific inquiry and that laboratory experience is so 
     integral to the nature of science that it must be included in 
     every science program for every science student.
       (3) In America's Lab Report, the National Research Council 
     concluded that the current quality of laboratory experiences 
     is poor for most students and that educators and researchers 
     do not agree on how to define high school science 
     laboratories or on their purpose, hampering the accumulation 
     of research on how to improve labs.
       (4) The National Research Council found that schools with 
     higher concentrations of non-Asian minorities and schools 
     with higher concentrations of poor students are less likely 
     to have adequate laboratory facilities than other schools.
       (5) The Government Accountability Office reported that 49.1 
     percent of schools where the minority student population is 
     greater than 50.5 percent reported not meeting functional 
     requirements for laboratory science well or at all.

[[Page 9850]]

       (6) 40 percent of those college students who left the 
     science fields reported some problems related to high school 
     science preparation, including lack of laboratory experience 
     and no introduction to theoretical or to analytical modes of 
     thought.
       (7) It is the national interest for the Federal Government 
     to invest in research and demonstration projects to improve 
     the teaching of laboratory science in the Nation's high 
     schools.
       (b) Grant Program.--Section 8(8) of the National Science 
     Foundation Authorization Act of 2002 (Public Law 107-368) is 
     amended--
       (1) by redesignating subparagraphs (A) through (F) as 
     clauses (i) through (vi), respectively, and indenting 
     appropriately;
       (2) by moving the flush language at the end 2 ems to the 
     right;
       (3) in the flush language at the end, by striking 
     ``paragraph'' and inserting ``subparagraph'';
       (4) by striking ``Initiative.--A program of'' and inserting 
     ``initiative.--
       ``(A) In general.--A program of''; and
       (5) by inserting at the end the following:
       ``(B) Pilot program.--
       ``(i) In general.--In accordance with subparagraph (A)(v), 
     the Director shall establish a pilot program designated as 
     `Partnerships for Access to Laboratory Science' to award 
     grants to partnerships to pay the Federal share of the costs 
     of improving laboratories and providing instrumentation as 
     part of a comprehensive program to enhance the quality of 
     mathematics, science, engineering, and technology instruction 
     at the secondary school level. Grants under this subparagraph 
     may be used for--

       ``(I) purchase, rental, or leasing of equipment, 
     instrumentation, and other scientific educational materials;
       ``(II) maintenance, renovation, and improvement of 
     laboratory facilities;
       ``(III) professional development and training for teachers;
       ``(IV) development of instructional programs designed to 
     integrate the laboratory experience with classroom 
     instruction and to be consistent with State mathematics and 
     science academic achievement standards;
       ``(V) training in laboratory safety for school personnel;
       ``(VI) design and implementation of hands-on laboratory 
     experiences to encourage the interest of individuals 
     identified in section 33 or 34 of the Science and Engineering 
     Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in 
     mathematics, science, engineering, and technology and help 
     prepare such individuals to pursue postsecondary studies in 
     these fields; and
       ``(VII) assessment of the activities funded under this 
     subparagraph.

       ``(ii) Partnership.--Grants awarded under clause (i) shall 
     be to a partnership that--

       ``(I) includes an institution of higher education or a 
     community college;
       ``(II) includes a high-need local educational agency;
       ``(III) includes a business or eligible nonprofit 
     organization; and
       ``(IV) may include a State educational agency, other public 
     agency, National Laboratory, or community-based organization.

       ``(iii) Federal share.--The Federal share of the cost of 
     activities carried out using amounts from a grant under 
     clause (i) shall not exceed 50 percent.''.
       (c) Report.--The Director of the National Science 
     Foundation shall evaluate the effectiveness of activities 
     carried out under the pilot projects funded by the grant 
     program established pursuant to the amendment made by 
     subsection (b) in improving student performance in 
     mathematics, science, engineering, and technology. A report 
     documenting the results of that evaluation shall be submitted 
     to the Committee on Commerce, Science, and Transportation and 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Science and Technology of the 
     House of Representatives not later than 5 years after the 
     date of enactment of this Act. The report shall identify best 
     practices and materials developed and demonstrated by grant 
     awardees.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the National Science Foundation to 
     carry out this section and the amendments made by this 
     section $5,000,000 for fiscal year 2008, and such sums as may 
     be necessary for each of the 3 succeeding fiscal years.
                                 ______
                                 
  SA 927. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       On page 24, between lines 19 and 20, insert the following:

     SEC. 1203. BRINGING UNIVERSITY GENERATED TECHNOLOGICAL 
                   INNOVATIONS TO MARKET.

       Section 5 of the Stevenson-Wydler Technology Innovation Act 
     of 1980 (15 U.S.C. 3704) is amended by adding at the end the 
     following:
       ``(g) Grants To Bring Technological Innovations to 
     Commercial Markets.--
       ``(1) In General.--The Secretary shall work with technology 
     transfer offices of institutions of higher education to 
     develop a program to identify technological innovations with 
     commercial potential, enhance the commercial viability of 
     those technological innovations, bring them to the attention 
     of potential investors, and bring their technological 
     innovations to market.
       ``(2) Grants.--
       ``(A) In general.--As part of the program developed under 
     paragraph (1), the Secretary shall establish a grant program 
     to underwrite efforts by a higher education institution's 
     technology transfer office--
       ``(i) to identify technological innovations with 
     significant potential commercial applications;
       ``(ii) to evaluate steps necessary to modify, enhance, or 
     further develop the technological innovations for commercial 
     applications;
       ``(iii) to assist in such modification, enhancement, or 
     development; and
       ``(iv) to bring the technological innovations to the 
     attention of potential investors.
       ``(B) Support levels.--The Secretary may make grants under 
     the program of--
       ``(i) not more than $5,000 for the evaluation of a 
     technological innovation for further development, including 
     market analysis, determining adoption drivers, assessment of 
     risk factors and identification of additional steps required, 
     including the production of preliminary product or prototype 
     specifications, analysis of critical success factors, and 
     prospects for private sector funding; and
       ``(ii) not more than $50,000 for investment in a working 
     prototype or detailed development plan.
       ``(3) Administrative matters.--
       ``(A) Competitive awards.--Grants under the program shall 
     be awarded on a competitive basis.
       ``(B) Applications.--An application for a grant under the 
     program shall be submitted to the Secretary at such time, in 
     such manner, and containing such information as the Secretary 
     may require.
       ``(C) Related technological innovations.--For the purpose 
     of determining the amount of a grant awarded under the 
     program, all related technological innovations intended or 
     designed to function in concert for a product or technology 
     shall be considered a single technological innovation.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary for fiscal 
     years 2008 through 2013 such sums as may be necessary to 
     carry out this section not to exceed 20 million dollars.''.
                                 ______
                                 
  SA 928. Mr. DeMINT (for himself, Mr. Martinez, Mr. Cornyn, and Mr. 
Ensign) submitted an amendment intended to be proposed by him to the 
bill S. 761, to invest in innovation and education to improve the 
competitiveness of the United States in the global economy; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SMALLER PUBLIC COMPANY OPTION REGARDING INTERNAL 
                   CONTROL PROVISION.

       Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 
     7262) is amended by adding at the end the following:
       ``(c) Smaller Public Company Option.--
       ``(1) Voluntary compliance.--A smaller issuer shall not be 
     subject to the requirements of subsection (a), unless the 
     smaller issuer voluntarily elects to comply with such 
     requirements, in accordance with regulations prescribed by 
     the Commission. Any smaller issuer that does not elect to 
     comply with subsection (a) shall state such election, 
     together with the reasons therefor, in its annual report to 
     the Commission under section 13(a) or 15(d) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)).
       ``(2) Definition of smaller issuer.--
       ``(A) In general.--For purposes of this subsection, and 
     subject to subparagraph (B), the term `smaller issuer' means 
     an issuer for which an annual report is required by section 
     13(a) or 15(d) of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m or 78o(d)), that--
       ``(i) has a total market capitalization at the beginning of 
     the relevant reporting period of less than $700,000,000;
       ``(ii) has total product and services revenue for that 
     reporting period of less than $125,000,000; or
       ``(iii) has, at the beginning of the relevant reporting 
     period, fewer than 1500 record beneficial holders.
       ``(B) Annual adjustments.--The amounts referred to in 
     clauses (i) and (ii) of subparagraph (A) shall be adjusted 
     annually to account for changes in the Consumer Price Index 
     for all urban consumers, United States city average, as 
     published by the Bureau of Labor Statistics.''.
                                 ______
                                 
  SA 929. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
as follows:

       On page 8, strike lines 7 through 9, and insert the 
     following:

[[Page 9851]]

       (10) all provisions of the Internal Revenue Code of 1986, 
     including tax provisions, compliance costs, and reporting 
     requirements, that discourage innovation;
       (11) the extent to which Federal funding promotes or 
     hinders innovation; and
       (12) the extent to which individuals are being
                                 ______
                                 
  SA 930. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EARMARKS.

       (a) In General.--It shall not be in order to consider a 
     bill, resolution, amendment, or conference report that 
     proposes a congressional earmark of appropriated funds 
     authorized by this Act.
       (b) Definitions.--For the purpose of this section, the term 
     ``congressional earmark'' means a provision or report 
     language included primarily at the request of a Member, 
     Delegate, Resident Commissioner, or Senator providing, 
     authorizing or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process.
       (c) Supermajority Waiver and Appeal.--This section may be 
     waived or suspended in the Senate only by an affirmative vote 
     of \3/5\ of the Members, duly chosen and sworn. An 
     affirmative vote of \3/5\ of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
                                 ______
                                 
  SA 931. Mrs. McCASKILL (for herself and Mr. DeMint) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF 
                   ACTIVITIES, GRANTS, AND PROGRAMS.

       (a) Review.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress that--
       (1) examines each annual and interim report required to be 
     submitted to Congress under this Act (including any amendment 
     made by this Act);
       (2) assesses the effectiveness of the activities, grants, 
     and programs carried out under this Act (including any 
     amendment made by this Act); and
       (3) includes any recommendation of legislative or 
     administrative actions as the Comptroller General determines 
     are appropriate to improve the effectiveness of such 
     activities, grants, and programs.
       (b) Survey.--
       (1) In general.--In carrying out subsection (a), the 
     Comptroller General shall conduct an anonymous, double blind 
     survey of employees of departments and agencies, contractors, 
     and other recipients of relevant funds, and stakeholders to 
     assess--
       (A) compliance with the provisions of law applicable to 
     activities, grants, and programs carried out under this Act 
     (including any amendment made by this Act);
       (B) any mismanagement of such activities, grants, and 
     programs; and
       (C) any retaliation or pressure against any individual who 
     reports or refuses to participate in any violation of law 
     applicable to such activities, grants, and programs.
       (2) Publication.--The Comptroller General shall--
       (A) publish the results of the survey conducted under this 
     subsection in the Federal Register; and
       (B) post the results on the website of the Government 
     Accountability Office.
                                 ______
                                 
  SA 932. Mrs. McCASKILL (for herself and Mr. DeMint) submitted an 
amendment intended to be proposed by her to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF 
                   ACTIVITIES, GRANTS, AND PROGRAMS.

       (a) Review.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress that--
       (1) examines each annual and interim report required to be 
     submitted under this Act (including any amendment made by 
     this Act);
       (2) assesses the effectiveness of the activities, grants, 
     and programs carried out under this Act (including any 
     amendment made by this Act); and
       (3) includes any recommendation of legislative or 
     administrative actions as the Comptroller General determines 
     are appropriate to improve the effectiveness of such 
     activities, grants, and programs.
       (b) Survey.--
       (1) In general.--In carrying out subsection (a), the 
     Comptroller General shall conduct an anonymous, double blind 
     survey of employees of departments and agencies, contractors, 
     and other recipients of relevant funds, and stakeholders to 
     assess--
       (A) compliance with the provisions of law applicable to 
     activities, grants, and programs carried out under this Act 
     (including any amendment made by this Act);
       (B) any mismanagement of such activities, grants, and 
     programs; and
       (C) any retaliation or pressure against any individual who 
     reports or refuses to participate in any violation of law 
     applicable to such activities, grants, and programs.
       (2) Publication.--The Comptroller General shall--
       (A) publish the results of the survey conducted under this 
     subsection in the Federal Register; and
       (B) post the results on the website of the Government 
     Accountability Office.
       (c) Sunset.--Effective on and after the date occurring 5 
     years after the date of enactment of this Act, the provisions 
     of this Act (including any amendment made by this Act) shall 
     cease to have any force and effect.
                                 ______
                                 
  SA 933. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL INSTITUTE FOR LEARNING SCIENCE AND 
                   TECHNOLOGY.

       (a) Establishment.--There is established within the 
     Department of Commerce a pilot program, which shall be known 
     as the ``National Institute for Learning Science and 
     Technology'' (referred to in this section as the 
     ``Institute''), to provide leadership and coordination in 
     developing applications for the research described in 
     subsection (c)(1).
       (b) Director.--The Institute shall be headed by a Director, 
     who shall be appointed by the Secretary of Commerce.
       (c) Grants.--
       (1) Authorization.--The Director shall award grants, on a 
     competitive basis, to entities described in paragraph (2), to 
     support basic and applied research in developing technologies 
     for enhancing education, learning, and workforce training, 
     including--
       (A) innovative learning and assessment systems;
       (B) advanced technology prototypes for learning;
       (C) education and training; and
       (D) the tools needed to create the systems and prototypes 
     referred to in subparagraphs (A) and (B).
       (2) Applications.--An entity with demonstrated scientific 
     research experience in technology, learning, math, or 
     science, which is seeking a grant under this subsection, 
     shall submit an application to the Director at such time, in 
     such manner, and accompanied by such information as the 
     Director, in consultation with the Secretary, may reasonably 
     require.
       (d) Evaluation and Report.--
       (1) Evaluation.--The Secretary shall conduct, on an annual 
     basis, a rigorous evaluation of all of the programs and 
     projects carried out with grants awarded under this section.
       (2) Report.--Not later than April 30 of each year, the 
     Director shall submit a report describing the activities of 
     the Institute during the previous year to--
       (A) the Secretary of Commerce; and
       (B) the appropriate committees of Congress.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $10,000,000 for fiscal year 2008; and
       (2) such sums as may be necessary for each of the fiscal 
     years 2009 through 2012.
       (f) Sunset Date.--This section is repealed on September 30, 
     2012.
                                 ______
                                 
  SA 934. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       Strike title III of division A.
                                 ______
                                 
  SA 935. Mr. VOINOVICH (for himself and Mr. Kohl) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:


[[Page 9852]]

       At the appropriate place, insert the following:

     SEC. __. ADVANCED MULTIDISCIPLINARY COMPUTING SOFTWARE 
                   CENTERS.

       (a) Definitions.--In this section:
       (1) Advanced multidisciplinary computing software center; 
     center.--The terms ``Advanced Multidisciplinary Computing 
     Software Center'' and ``Center'' mean a center created by an 
     eligible entity with a grant awarded under subsection (b).
       (2) Eligible entity.--The term ``eligible entity'' means 
     any--
       (A) nonprofit organization;
       (B) consortium of nonprofit organizations; or
       (C) partnership between a for profit and a nonprofit 
     organization.
       (3) Nonprofit organization.--The term ``nonprofit 
     organization'' means any organization that--
       (A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986; and
       (B) is exempt from taxation under section 501(a) of such 
     Code.
       (4) Small business or manufacturer.--The term ``small 
     business or manufacturer'' has the meaning given the term 
     ``small business concern'' in section 3(a) of the Small 
     Business Act (15 U.S.C. 632(a)), including a small 
     manufacturing concern.
       (5) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Technology of the Department of 
     Commerce.
       (b) Grants.--
       (1) In general.--The Under Secretary shall award grants to 
     eligible entities to establish up to 5 Advanced 
     Multidisciplinary Computing Software Centers throughout the 
     United States.
       (2) Purposes.--Each Center established with grant funds 
     awarded under paragraph (1) shall--
       (A) conduct general outreach to small businesses and 
     manufacturers in all industry sectors within the geographic 
     region assigned to the Center by the Under Secretary; and
       (B) conduct technology transfer, development, and 
     utilization programs for businesses throughout the United 
     States in the specific industry sector assigned to the Center 
     by the Under Secretary.
       (3) Application.--
       (A) In general.--Each eligible entity desiring a grant 
     under this section shall submit an application to the Under 
     Secretary at such time, in such manner, and accompanied by 
     such additional information as the Under Secretary may 
     reasonably require.
       (B) Publication in federal register.--Not later than 6 
     months after the date of the enactment of this Act, the Under 
     Secretary shall publish the application requirements referred 
     to in subparagraph (A) in the Federal Register.
       (C) Contents.--Each application submitted under 
     subparagraph (A) shall--
       (i) conform to the requirements prescribed by the Under 
     Secretary under this paragraph; and
       (ii) a proposal for the allocation of the legal rights 
     associated with any invention that may result from the 
     activities of the proposed Center.
       (D) Selection criteria.--In evaluating each application 
     submitted under subparagraph (A) on the basis of merit, the 
     Under Secretary shall consider--
       (i) the extent to which the eligible entity--

       (I) has a partnership with nonprofit organizations, 
     businesses, software vendors, and academia recognized for 
     relevant expertise in its selected industry sector;
       (II) uses State-funded academic supercomputing centers and 
     universities or colleges with expertise in the computational 
     needs of the industry assigned to the eligible entity under 
     paragraph (2)(A);
       (III) has a history of working with small businesses and 
     manufacturers;
       (IV) has experience providing educational programs aimed at 
     helping organizations adopt the use of high-performance 
     computing and computational science;
       (V) has partnerships with education or training 
     organizations that can help educate future workers on the 
     application of computational science to industry needs;
       (VI) is accessible to businesses, academia, incubators, or 
     other economic development organizations via high-speed 
     networks; and
       (VII) is capable of partnering with small businesses and 
     manufacturers to enhance the ability of such entities to 
     compete in the global marketplace;

       (ii) the ability of the eligible entity to enter 
     successfully into collaborative agreements with small 
     businesses and manufacturers to experiment with new high 
     performance computing and computational science technologies; 
     and
       (iii) such other factors that the Under Secretary considers 
     relevant.
       (4) Maximum amount.--The Under Secretary may not award a 
     grant under this section in an amount which exceeds 
     $5,000,000 for any year of the grant period.
       (5) Duration.--
       (A) In general.--Except as provided under subparagraph (B), 
     a grant may not be awarded under this subsection for a period 
     exceeding 5 years.
       (B) Renewal.--The Under Secretary may renew any grant 
     awarded under this subsection.
       (6) Matching requirement.--
       (A) In general.--The Under Secretary may not award a grant 
     under this subsection unless the eligible entity receiving 
     such grant agrees to provide not less than 50 percent of the 
     capital and annual operating and maintenance funds required 
     to create and maintain the Center established with such grant 
     funds.
       (B) Funding from other federal, state, or local government 
     agencies.--The funds provided by the eligible entity under 
     subparagraph (A) may include amounts received by the eligible 
     entity from the Federal Government (other than the Department 
     of Commerce), a State, or a unit of local government.
       (7) Limitation on administrative expenses.--The Under 
     Secretary may establish a reasonable limitation on the 
     portion of each grant awarded under this subsection that may 
     be used for administrative expenses or other overhead costs.
       (8) Fees and alternative funding sources authorized.--
       (A) In general.--A Center established with a grant awarded 
     under this Act may, in accordance with regulations 
     established by the Under Secretary--
       (i) collect a nominal fee from a small business or 
     manufacturer for a service provided under this section, if 
     such fee is utilized for the budget and operation of the 
     Center; and
       (ii) accept financial assistance from the Federal 
     Government (other than the Department of Commerce) for 
     capital costs and operating budget expenses.
       (B) Condition.--Any Center receiving financial assistance 
     from the Federal Government (other than the Department of 
     Commerce) may be selected, and if selected shall be operated, 
     in accordance with this section.
       (c) Use of Funds.--Grant funds received under subsection 
     (b) shall be used for the benefit of businesses in the 
     industry sector designated by the Under Secretary under 
     subsection (b)(2)(A) to--
       (1) create a repository of nonclassified, nonproprietary 
     new and existing federally funded software and algorithms;
       (2) test and validate software in the repository;
       (3) determine when and how the industry sector it serves 
     could benefit from resources in the repository;
       (4) work with software vendors to commercialize repository 
     software and algorithms from the repository;
       (5) make software available to small businesses and 
     manufacturers where it has not been commercialized by a 
     software vendor;
       (6) help software vendors, small businesses, and 
     manufacturers test or utilize the software on high-
     performance computing systems; and
       (7) maintain a research and outreach team that will work 
     with small businesses and manufacturers to aid in the 
     identification of software or computational science 
     techniques which can be used to solve challenging problems, 
     or meet contemporary business needs of such organizations.
       (d) Reports and Evaluations.--
       (1) Annual report.--Each eligible entity that receives a 
     grant under subsection (b) shall submit an annual report to 
     the Under Secretary that describes--
       (A) the goals of the Center established by the eligible 
     entity; and
       (B) the progress made by the eligible entity in achieving 
     the purposes described in subsection (b)(2).
       (2) Evaluation.--The Under Secretary shall establish a peer 
     review committee, composed of representatives from industry 
     and academia, to review the goals and progress made by each 
     Center during the grant period.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $25,000,000 for each of the fiscal years 2008 through 2012 to 
     carry out this section.
       (2) Availability.--Funds appropriated pursuant to paragraph 
     (1) shall remain available until expended.
                                 ______
                                 
  SA 936. Mr. SANDERS (for himself, Mr. Baucus, Mr. Leahy, and Mrs. 
Lincoln) submitted an amendment intended to be proposed by him to the 
bill S. 761, to invest in innovation and education to improve the 
competitiveness of the United States in the global economy; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMPLOYEE OWNERSHIP EXPANSION.

       (a) Findings.--Congress makes the following findings:
       (1) Between 2000 and 2006, the United States lost more than 
     3,000,000 manufacturing jobs.
       (2) In 2006, the international trade deficit of the United 
     States was more than $763,000,000,000, $232,000,000,000 of 
     which was due to the Nation's trade imbalance with China.
       (3) Preserving and increasing jobs in the United States 
     that pay a living wage should be a top priority of Congress.
       (4) Providing loan guarantees, direct loans, grants, and 
     technical assistance to employees to buy their own companies 
     will increase the competitiveness of the United States.
       (b) United States Employee Ownership Competitiveness 
     Fund.--
       (1) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act,

[[Page 9853]]

     the Secretary of Commerce (referred to in this section as the 
     ``Secretary'') shall establish the United States Employee 
     Ownership Competitiveness Fund (referred to in this section 
     as the ``Fund'') to foster increased employee ownership of 
     companies and greater employee participation in company 
     decision-making throughout the United States.
       (2) Organization.--
       (A) Management.--The Fund shall be managed by a Director, 
     who shall be appointed by, and serve at the pleasure of, the 
     Secretary.
       (B) Staff.--The Director may select, appoint, employ, and 
     fix the compensation of such employees as shall be necessary 
     to carry out the functions of the Fund.
       (3) Functions.--Amounts in the Fund established under 
     paragraph (1) may be used to provide--
       (A) loans subordinated to the interests of all other 
     creditors, loan guarantees, and technical assistance, on such 
     terms and subject to such conditions as the Secretary 
     determines to be appropriate, to employees to purchase a 
     business through an employee stock ownership plan or eligible 
     worker-owned cooperative that are at least 51 percent 
     employee owned; and
       (B) grants to States and nonprofit and cooperative 
     organizations with experience in developing employee-owned 
     businesses and worker-owned cooperatives to--
       (i) provide education and outreach to inform people about 
     the possibilities and benefits of employee ownership of 
     companies, gain sharing, and participation in company 
     decision-making, including some financial education;
       (ii) provide technical assistance to assist employee 
     efforts to become business owners;
       (iii) provide participation training to teach employees and 
     employers methods of employee participation in company 
     decision-making; and
       (iv) conduct objective third party prefeasibility and 
     feasibility studies to determine if employees desiring to 
     start employee stock ownership plans or worker cooperatives 
     could make a profit.
       (4) Preconditions.--Before the Director makes any 
     subordinated loan or loan guarantee from the Fund under 
     paragraph (3)(A), the recipient employees shall submit to the 
     Fund--
       (A) a business plan showing that--
       (i) at least 51 percent of all interests in the employee 
     stock ownership plan or eligible worker-owned cooperative is 
     owned or controlled by employees;
       (ii) the Board of Directors of the employee stock ownership 
     plan or eligible worker-owned cooperative is elected by all 
     of the employees; and
       (iii) all employees receive basic information about company 
     progress and have the opportunity to participate in day-to-
     day operations; and
       (B) a feasibility study from an objective third party with 
     a positive determination that the employee stock ownership 
     plan or eligible worker-owned cooperative will be profitable 
     enough to pay any loan, subordinated loan, or loan guarantee 
     that was made possible through the Fund.
       (5) Insurance of subordinated loans and loan guarantees.--
       (A) In general.--The Director shall use amounts in the Fund 
     to insure any subordinated loan or loan guarantee provided 
     under this section against the nonrepayment of the 
     outstanding balance of the loan.
       (B) Annual premiums.--The annual premium for the insurance 
     of each subordinated loan or loan guarantee under this 
     subsection shall be paid by the borrower in such manner and 
     in such amount as the Secretary determines to be appropriate.
       (C) Premiums and guarantee fees available to cover 
     losses.--The premiums paid to the Fund from insurance issued 
     under this paragraph and the fees paid to the Fund for loan 
     guarantees issued under paragraph (2)(A) shall be deposited 
     in an account managed by the Secretary of Commerce and may be 
     used to reimburse the Fund for any losses incurred by the 
     Fund in connection with any such loan or loan guarantee.
       (6) Technical assistance in the discretion of the 
     secretary.--If a grant is made under paragraph (3)(B)(ii), 
     the Secretary may require the Director to--
       (A) provide for the targeting of key groups such as 
     retiring business owners, unions, managers, trade 
     associations, and community organizations;
       (B) encourage cooperation in organizing workshops and 
     conferences; and
       (C) provide for the preparation and distribution of 
     materials concerning employee ownership and participation.
       (7) Participation training in the discretion of the 
     secretary.--If a grant is made under paragraph (3)(B)(iii), 
     the Secretary may require the Director to provide for--
       (A) courses on employee participation; and
       (B) the development and fostering of networks of employee-
     owned companies to spread the use of successful participation 
     techniques.
       (c) Rulemaking.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     promulgate regulations that ensure--
       (1) the safety and soundness of the Fund; and
       (2) that the Fund does not compete with commercial 
     financial institutions.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $100,000,000 for fiscal year 2008; and
       (2) such sums as may be necessary for subsequent fiscal 
     years.

                                 ______
                                 
  SA 937. Mr. SUNUNU submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       After section 3002 of division C, insert the following:

     SEC. 3003. CONSOLIDATION AND ELIMINATION AUTHORITY FOR STEM 
                   PROGRAMS.

       (a) Authority.--Notwithstanding any other provision of law, 
     the Director of the Office of Science and Technology Policy 
     shall be authorized to--
       (1) eliminate existing Federal education programs focused 
     on science, technology, engineering, and mathematics; or
       (2) consolidate such Federal education programs.
       (b) Effective Date of Elimination or Consolidation.--The 
     Director of the Office of Science and Technology Policy's 
     decision to eliminate or consolidate any program under 
     subsection (a) shall become effective 60 days after the 
     Director notifies Congress of such consolidation or 
     elimination.

                                 ______
                                 
  SA 938. Mr. SUNUNU submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
as follows:

       Strike section 4002.

                                 ______
                                 
  SA 939. Mr. SUNUNU submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND 
                   MULTIPLE AND DISCRIMINATORY TAXES ON ELECTRONIC 
                   COMMERCE.

       Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 
     151 note) is amended by striking ``taxes during the period 
     beginning November 1, 2003, and ending November 1, 2007:'' 
     and inserting ``taxes:''.
                                 ______
                                 
  SA 940. Mr. KENNEDY proposed an amendment to the bill S. 761, to 
invest in innovation and education to improve the competitiveness of 
the United States in the global economy; as follows:

       On page 98, lines 14 and 15, strike ``mathematics, 
     science,'' and insert ``mathematics, science, technology,''.
       On page 98, between lines 17 and 18, insert the following:
       (3) to develop programs for professionals in mathematics, 
     science, or critical foreign language education that lead to 
     a master's degree in teaching that results in teacher 
     certification.
       On page 103, lines 19 and 20, strike ``mathematics, 
     science,'' and insert ``mathematics, science, technology, 
     engineering,''.
       On page 105, line 18, strike ``mathematics or science'' and 
     insert ``mathematics, science, technology, or engineering''.
       On page 105, lines 22 and 23, strike ``mathematics, 
     science'' and insert ``mathematics, science, technology, 
     engineering,''.
       On page 106, line 15, strike ``mathematics and science'' 
     and insert ``mathematics, science, and where applicable, 
     technology and engineering''.
       On page 106, line 18, strike ``mathematics and science'' 
     and insert ``mathematics, science, and, where available, 
     technology and engineering''.
       On page 109, lines 1 and 2, strike ``MATHEMATICS, 
     SCIENCE,'' and insert ``MATHEMATICS, SCIENCE, TECHNOLOGY,''.
       On page 109, line 10, strike ``and implement'' and all that 
     follows through line 13, and insert the following:
     and implement--
       (1) 2- or 3-year part-time master's degree programs in 
     mathematics, science, technology, or critical foreign 
     language education for teachers in order to enhance the 
     teacher's content knowledge and teaching skills; or
       (2) programs for professionals in mathematics, science, 
     engineering, or critical foreign language that lead to a 1 
     year master's degree in teaching that results in teacher 
     certification.
       On page 109, line 18, strike ``mathematics, science,'' and 
     insert ``mathematics, science, engineering, technology,''.
       On page 109, line 21, insert ``the'' after ``of''.
       On page 109, lines 21 through 24, strike ``in mathematics, 
     science, or a critical foreign language for teachers that 
     enhance the

[[Page 9854]]

     teachers' content knowledge and teaching skills'' and insert 
     ``authorized under subsection (a)''.
       On page 110, line 12, strike ``mathematics and science'' 
     and insert ``mathematics, science, and, where applicable, 
     technology and engineering''.
       On page 110, line 19, strike ``teachers'' and insert 
     ``participants''.
       On page 110, line 22, strike ``teachers'' and insert 
     ``participants''.
       On page 110, line 24, insert ``(or mathematics, science, or 
     critical language professionals)'' after ``teachers''.
       Beginning on page 110, line 25 through page 111, line 1, 
     strike ``mathematics, science,'' and insert ``mathematics, 
     science, engineering, technology,''.
       On page 111, line 12, strike ``teachers participating in 
     the program'' and insert ``the program participants''.
       On page 111, insert between lines 12 and 13 the following:
       (11) methods to ensure applicants to the master's degree 
     program for professionals in mathematics, science, or 
     critical foreign language demonstrate advanced knowledge in 
     the relevant subject.
       On page 111, line 19, insert ``, or programs for 
     professionals in mathematics, science, or critical foreign 
     language that lead to a 1-year master's degree in teaching 
     that results in teacher certification'' after ``skills''.
       On page 111, lines 20 and 21, strike ``the teachers 
     participating in the program'' and insert ``that program 
     participants''.
       On page 112, lines 2 and 3, strike ``mathematics and 
     science'' and insert ``mathematics, science, technology, and 
     engineering''.
       On page 113, line 1, strike ``mathematics, science,'' and 
     insert ``mathematics, science, engineering, technology,''.
       On page 113, insert between lines 6 and 7 the following:
       (9) create opportunities for enhanced and ongoing 
     professional development for teachers that improves the 
     mathematics and science content knowledge and teaching skills 
     of such teachers; and
       On page 113, line 14, strike ``increasing''.
       On page 113, line 15, strike ``The'' and insert 
     ``Increasing the''.
       On page 113, lines 15 and 16, strike ``mathematics, 
     science,'' and insert ``mathematics, science, engineering, 
     technology,''.
       On page 114, strike lines 6 and 7 and insert the following:
       (2) Bringing professionals in mathematics, science, 
     engineering, or critical foreign language into the field of 
     teaching.
       (3) Retaining teachers who participate in the program.
       On page 114, line 13, strike ``section'' and insert 
     ``subtitle''.
       On page 117, line 21, insert ``, or another highly 
     rigorous, evidence-based, postsecondary preparatory program 
     terminating in an examination administered by a nationally 
     recognized educational association'' before the period at the 
     end.
       On page 129, between lines 11 and 12, insert the following:

 Subtitle C--Promising Practices in Mathematics, Science, Technology, 
                        and Engineering Teaching

     SEC. 3131. PROMISING PRACTICES.

       (a) Purpose.--The purpose of this section is to strengthen 
     the skills of mathematics, science, technology, and 
     engineering teachers by identifying promising practices in 
     the teaching of mathematics, science, technology, and 
     engineering in elementary and secondary education.
       (b) National Panel on Promising Practices in Teaching 
     Mathematics, Science, Technology, and Engineering.--The 
     Secretary is authorized to contract with the National Academy 
     of Sciences to convene, not later than 1 year after the date 
     of enactment of this Act, a national panel to identify 
     existing promising practices in the teaching of mathematics, 
     science, technology, and engineering in kindergarten through 
     grade 12.
       (c) Composition of National Panel.--
       (1) Consultation.--The Secretary shall enter into a 
     contract with the National Academy of Sciences to establish a 
     panel to identify existing promising practices in the 
     teaching of mathematics, science, technology, and engineering 
     in elementary and secondary education with demonstrated 
     evidence of increasing student academic achievement.
       (2) Selection.--The National Academy of Sciences shall 
     ensure that the panel established under paragraph (1) broadly 
     represents scientists, practitioners, teachers, principals, 
     and representatives from entities with expertise in 
     education, mathematics, and science. The National Academy of 
     Sciences shall ensure that the panel includes the following:
       (A) A majority representation of teachers and principals 
     directly involved in teaching mathematics, science, 
     technology, or engineering in kindergarten through grade 12.
       (B) Representation of teachers and principals from all 
     demographic areas, including urban, suburban, and rural 
     schools.
       (C) Representation of teachers from public and private 
     schools.
       (3) Qualifications of members.--The members of the panel 
     established under paragraph (1) shall be individuals who have 
     substantial knowledge or experience relating to--
       (A) mathematics, science, technology, or engineering 
     education programs; or
       (B) mathematics, science, technology, or engineering 
     curricula content development.
       (d) Authorized Activities of National Panel.--The panel 
     shall--
       (1) identify promising practices in the teaching of 
     mathematics, science, technology, and engineering in 
     elementary and secondary education;
       (2) identify techniques proven to help teachers increase 
     their skills and expertise in improving student achievement 
     in mathematics, science, technology, and engineering; and
       (3) identify areas of need for promising practices in 
     mathematics, science, technology, and engineering.
       (e) Dissemination.--The Secretary shall disseminate 
     information collected pursuant to this section to the public, 
     State educational agencies, and local educational agencies, 
     and shall publish appropriate and relevant information on the 
     promising practices on the website of the Department in an 
     easy to understand format.
       (f) Mathematics, Science, Technology, and Engineering 
     ``Promising Practices''.--
       (1) Reliability and measurement.--The promising practices 
     in the teaching of mathematics, science, technology, and 
     engineering in elementary and secondary education collected 
     under this section shall be--
       (A) reliable, valid, and grounded in scientific theory and 
     research;
       (B) reviewed regularly to assess effectiveness; and
       (C) reviewed in the context of State academic assessments 
     and student academic achievement standards.
       (2) Students with diverse learning needs.--In identifying 
     promising practices under this section, the panel established 
     under subsection (c) shall take into account the needs of 
     students with diverse learning needs, particularly for 
     students with disabilities and students who are limited 
     English proficient.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for fiscal year 2008.
       On page 129, strike line 12 and insert the following:

                         TITLE II--MATHEMATICS

       On page 129, lines 23 and 24, strike ``based on the best 
     available evidence of effectiveness'' and insert ``research-
     based and reflect a demonstrated record of effectiveness''.
       On page 133, strike lines 12 through 15 and insert the 
     following:
       (i) implementing mathematics programs or comprehensive 
     mathematics initiatives that are research-based and reflect a 
     demonstrated record of effectiveness;
       On page 134, lines 9 through 11, strike ``instructional 
     materials and interventions (including intensive and 
     systematic instruction)'' and insert ``programs or 
     comprehensive mathematics initiatives''.
       On page 134, lines 16 and 17, strike ``based on the best 
     available evidence of effectiveness'' and insert ``research-
     based and reflect a demonstrated record of effectiveness''.
       On page 136, line 24, strike ``materials or''.
       On page 137, lines 2 and 3, strike ``based on the best 
     available evidence of effectiveness'' and insert ``research-
     based and reflect a demonstrated record of effectiveness''.
       On page 137, line 11, strike ``and''.
       On page 137, line 19, strike the period at the end and 
     insert ``; and''.
       On page 137, between lines 19 and 20, insert the following:
       (E) an assurance that the State will establish a process to 
     safeguard against conflicts of interest, consistent with 
     subsection (g)(2), for individuals providing technical 
     assistance on behalf of the State educational agency or 
     participating in the State peer review process under this 
     title.
       On page 138, line 16, strike ``materials or''.
       On page 138, lines 20 and 21, strike ``and materials are 
     based on the best available evidence of effectiveness'' and 
     insert ``are research-based and reflect a demonstrated record 
     of effectiveness''.
       On page 139, strike lines 19 and 20 and insert the 
     following:
       (g) Prohibitions.--
       On page 140, between lines 5 and 6, insert the following:
       (2) Conflict of interest.--Any Federal employee, 
     contractor, or subcontractor involved in the administration, 
     implementation, or provision of oversight or technical 
     assistance duties or activities under this section shall--
       (A) disclose to the Secretary any financial ties to 
     publishers, entities, private individuals, or organizations 
     that will benefit from funds provided under this section; and
       (B) be prohibited from maintaining significant financial 
     interests in areas directly related to duties or activities 
     under this section, unless granted a waiver by the Secretary.
       (3) Reporting.--The Secretary shall report annually to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and to the Committee on Education and Labor of the 
     House of Representatives on any of the special allowances or 
     waivers granted under paragraph (2)(B).
       On page 140, line 6, strike ``(2)'' and insert ``(3)''.

[[Page 9855]]

       Beginning on page 156, line 24, strike ``elementary'' and 
     all that follows through ``requirements'' on page 157, line 
     1, and insert ``State academic content standards''.
       On page 157, lines 18 and 19, strike ``prekindergarten'' 
     and insert ``preschool''.
       On page 158, between lines 5 and 6, insert the following:
       (iii) a representative of the agencies in the State that 
     administer Federal or State-funded early childhood education 
     programs;
       (iv) not less than 1 representative of a public community 
     college;
       On page 158, strike lines 15 through 17 and insert the 
     following:
       (viii) not less than 1 early childhood educator in the 
     State;
       On page 161, line 7, strike ``prekindergarten'' and insert 
     ``preschool''.
       On page 161, line 21, after ``developing'' insert ``or 
     providing guidance to local educational agencies within the 
     State on the adoption of''.
       On page 162, lines 20 through 22, strike ``the students are 
     adequately prepared when the students enter secondary 
     school'' and insert ``such standards and assessments are 
     appropriately aligned and adequately reflect the content 
     needed to prepare students to enter secondary school''.
       On page 165, line 3, strike ``Prekindergarten'' and insert 
     ``Preschool''.
       On page 165, line 6, strike ``prekindergarten'' and insert 
     ``preschool''.
       On page 166, line 1, strike ``Prekindergarten'' and insert 
     ``Preschool''.
       On page 166, line 3, strike ``prekindergarten'' and insert 
     ``preschool''.
       On page 168, lines 1 and 2, strike ``student knowledge and 
     skills'' and insert ``State academic content standards''.
       On page 168, line 25, after ``school'' insert ``and 
     preschool''.
       On page 169, line 7, strike ``content'' and all that 
     follows through ``students'' on line 11, and insert 
     ``academic content standards, substantive curricula, 
     remediation, and acceleration opportunities for students, as 
     well as other changes determined necessary by the State''.
       On page 177, strike lines 7 through 15, and insert the 
     following:
       (3) Preferences.--The Director shall give preference in 
     making awards to 4-year institutions of higher education 
     seeking Federal funding to create or improve professional 
     science master's degree programs, to those applicants--
       (A) located in States with low percentages of citizens with 
     graduate or professional degrees, as determined by the Bureau 
     of the Census, that demonstrate success in meeting the unique 
     needs of the corporate, non-profit, and government 
     communities in the State, as evidenced by providing 
     internships for professional science master's degree students 
     or similar partnership arrangements; or
       (B) that secure more than \2/3\ of the funding for such 
     professional science master's degree programs from sources 
     other than the Federal Government.
       On page 181, line 17, after ``science'' insert ``, 
     technology,''.
       Strike section 4012 and insert the following:

     SEC. 4012. ROBERT NOYCE TEACHER 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 striking ``SCHOLARSHIP'' and 
     inserting ``TEACHER'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``(or consortia of such institutions)'' and 
     inserting ``, consortia of such institutions, or 
     partnerships'';
       (ii) by striking ``to provide scholarships, stipends, and 
     programming designed'';
       (iii) by inserting ``and to provide scholarships, stipends, 
     or fellowships to individuals participating in the program'' 
     after ``science teachers''; and
       (iv) by striking ``Scholarship'' and inserting ``Teacher'';
       (B) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``or consortia'' and inserting ``consortia, or 
     partnerships'';
       (ii) 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;'';
       (iii) 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 is necessary to meet requirements for teacher 
     certification or licensing; and''; and

       (III) in clause (iii), by striking the period at the end 
     and inserting ``; or''; and

       (iv) by adding at the end the following:
       ``(C) to develop and implement a program to recruit and 
     prepare mathematics, science, or engineering professionals to 
     become NSF Teaching Fellows, and to recruit existing teachers 
     to become NSF Master Teaching Fellows, through--
       ``(i) administering fellowships in accordance with 
     subsection (e);
       ``(ii) offering academic courses and clinical teaching 
     experiences that are designed to prepare students 
     participating in the program to teach in secondary schools 
     and that, in the case of NSF Teaching Fellows, result in a 
     master's degree in teaching and teacher certification or 
     licensing; and
       ``(iii) offering programs to participants to assist in the 
     fulfillment of the participants' responsibilities under this 
     section, including mentoring, training, mentoring training, 
     and induction and professional development programs.''; 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, a 
     consortium of such institutions, or a partnership 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 
     or partnership) 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 and 
     consortium may also include teachers to participate in 
     developing the pedagogical content of the program and to 
     supervise students participating in the program in the 
     students' field teaching experiences. No institution of 
     higher education, consortium, or partnership shall be 
     eligible for an award unless faculty from the mathematics, 
     science, or engineering department of the institution (or 
     such participating institution) are active participants in 
     the program.
       ``(5) Matching requirement.--An institution of higher 
     education, consortium of institutions of higher education, or 
     partnership receiving a grant under this section shall 
     provide, from non-Federal sources, an amount equal to 50 
     percent of the amount of the grant (which may be provided in 
     cash or in-kind) to carry out the activities supported by the 
     grant.
       ``(6) Supplement, not supplant.--Grant funds provided under 
     this section shall be used to supplement, and not supplant, 
     other Federal or State funds available for the type of 
     activities supported by the grant.'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``or consortium'' and inserting ``consortium, or 
     partnership'';
       (ii) by striking subparagraph (A) and inserting the 
     following:
       ``(A) a description of the program that the applicant 
     intends to operate, including--
       ``(i) the number of scholarships and summer internships or 
     the size and number of stipends or fellowships the applicant 
     intends to award;
       ``(ii) the type of activities proposed for the recruitment 
     of students to the program; and
       ``(iii) the selection process that will be used in awarding 
     the scholarships, stipends, or fellowships;'';
       (iii) 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 
     mathematics and science teachers and the number of teachers 
     graduated annually from such programs;''; and

       (iv) by striking subparagraph (C) and inserting the 
     following:
       ``(C) a description of the academic courses and clinical 
     teaching experiences required under subparagraph (A)(ii), 
     (B)(ii), or (C)(ii) of subsection (a)(3), as applicable, 
     including--
       ``(i)(I) a description of the undergraduate program under 
     subsection (a)(3)(A)(ii) 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; 
     or

[[Page 9856]]

       ``(II) a description of the master's degree programs 
     offered under subsection (a)(3)(C)(ii);
       ``(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), (B)(iii), or (C)(iii) of subsection 
     (a)(3), as applicable, 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;
       (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;''; and
       (iii) in subparagraph (D) (as redesignated by clause (i)), 
     by striking ``or stipend'' and inserting ``, stipend, or 
     fellowship'';
       (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 ``scholarship was received'';
       (5) in subsection (d)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Stipends under this section shall be 
     available only to--
       ``(A) teachers enrolled in a master's degree program in 
     science, technology, engineering, or mathematics; and
       ``(B) mathematics, science, or engineering professionals 
     who, while receiving the stipend, are enrolled in a program 
     to receive certification or licensing to teach.'';
       (B) in paragraph (3), by inserting ``, except that if an 
     individual is enrolled in a part-time program, such stipend 
     shall be prorated according to the length of the program'' 
     after ``stipend support''; and
       (C) in paragraph (4), by striking ``for each year a stipend 
     was received'';
       (6) by redesignating subsections (e) through (h) and 
     subsection (i) as subsections (f) through (i) and subsection 
     (l), respectively;
       (7) by inserting after subsection (d) the following:
       ``(e) National Science Foundation Teaching Fellowships.--
       ``(1) Purpose.--The purpose of the fellowships under this 
     subsection is to promote and recognize high-level achievement 
     in advanced mathematics and science teaching.
       ``(2) Partnership requirements.--In order to receive a 
     grant under this section to carry out this subsection, the 
     recipient of such grant shall be a partnership and the only 
     local educational agencies that shall be members of the 
     partnership shall be local educational agencies that agree 
     not to reduce the base salary normally paid to an individual 
     solely because such individual receives a salary supplement 
     under this subsection.
       ``(3) General criteria.--A partnership receiving a grant to 
     carry out a fellowship program under this subsection shall 
     award such fellowships only to--
       ``(A) mathematics, science, or engineering professionals 
     who enroll in 1-year master's degree programs in teaching 
     that result in teacher certification or licensing and who 
     shall be referred to as `NSF Teaching Fellows'; and
       ``(B) mathematics and science teachers who possess a 
     master's degree in their field and who shall be referred to 
     as `NSF Master Teaching Fellows'.
       ``(4) Selection.--Individuals shall be selected to receive 
     fellowships under this section primarily on the basis of--
       ``(A) professional achievement;
       ``(B) academic merit;
       ``(C) demonstrated advanced content knowledge; and
       ``(D) in the case of NSF Master Teaching Fellows, 
     demonstrated success in improving student academic 
     achievement in mathematics, science, technology, or 
     engineering.
       ``(5) Use of funds.--Each partnership receiving a grant 
     under this section to award fellowships under this subsection 
     shall--
       ``(A) provide a stipend to each NSF Teaching Fellow for the 
     duration of the Fellow's enrollment in the master's degree 
     program, to be used to offset the cost of tuition, fees, and 
     living expenses; and
       ``(B) provide salary supplements to each NSF Teaching 
     Fellow and NSF Master Teaching Fellow during the period of 
     the Fellow's service obligation under paragraph (4).
       ``(6) Service obligation.--If an individual is awarded a 
     fellowship under this subsection, that individual shall be 
     required to serve in a high-need local educational agency 
     for--
       ``(A) in the case of a NSF Teaching Fellow, 4 years; and
       ``(B) in the case of a NSF Master Teaching Fellow, 5 years.
       ``(7) Duties.--A recipient of a fellowship under this 
     section, during the service obligation required under 
     paragraph (6) and in addition to regular classroom 
     activities, shall take on a leadership role within the school 
     or local educational agency in which the recipient is 
     employed, as defined by the partnership according to the 
     recipient's expertise, including serving as a mentor or 
     master teacher, developing curricula, and assisting in the 
     development and implementation of professional development 
     activities.'';
       (8) in subsection (f) (as redesignated by paragraph (6))--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) accepting--
       ``(A) the terms of the scholarship pursuant to subsection 
     (c), the stipend pursuant to subsection (d), or the 
     fellowship pursuant to subsection (e); and
       ``(B) the terms regarding the failure to complete a service 
     obligation required for the scholarship, stipend, or 
     fellowship pursuant to subsection (h);''; and
       (B) in paragraph (3)--
       (i) by striking ``scholarship'' and inserting 
     ``scholarship, stipend, or fellowship''; and
       (ii) by striking ``subsection (g)'' and inserting 
     ``subsection (h)'';
       (9) in subsection (g)(1) (as redesignated by paragraph 
     (6))--
       (A) by striking ``(or consortium thereof)'' and inserting 
     ``, consortium, or partnership''; and
       (B) by striking ``scholarship and stipend'' and inserting 
     ``scholarship, stipend, and fellowship'';
       (10) in subsection (h) (as redesignated by paragraph (6))--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, stipend, or fellowship'' after ``scholarship''; and
       (ii) in subparagraph (C), by striking ``baccalaureate 
     degree''; 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.'';
       (11) in subsection (i) (as redesignated by paragraph (6))--
       (A) by striking ``or consortia'' and inserting ``, 
     consortia, or partnerships'';
       (B) by striking ``scholarship recipients and stipend 
     recipients'' and inserting ``scholarship, stipend, and 
     fellowship recipients''; and
       (C) by striking ``subsection (e)'' and inserting 
     ``subsection (f)'';
       (12) by inserting after subsection (i) (as redesignated by 
     paragraph (6)) the following:
       ``(j) 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, internships, or fellowships 
     associated with the programs under this section.
       ``(k) 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.'';
       (13) in subsection (l) (as redesignated by paragraph (6))--
       (A) by redesignating paragraphs (1), (2), (3), (4), and (5) 
     as paragraphs (2), (5), (7), (9), and (10), respectively;
       (B) by inserting before paragraph (2) (as redesignated by 
     subparagraph (A)) the following:

[[Page 9857]]

       ``(1) the term `advanced content knowledge' means 
     demonstrated mathematics or science content knowledge as 
     measured by a rigorous, valid assessment tool that has been 
     approved by the Director;'';
       (C) by inserting after paragraph (2) (as redesignated by 
     subparagraph (A)) the following:
       ``(3) the term `fellowship' means an award under subsection 
     (e);
       ``(4) 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
       ``(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;'';
       (D) in paragraph (5) (as redesignated by subparagraph (A)), 
     by inserting ``engineering,'' after ``mathematics, 
     science,'';
       (E) by inserting after paragraph (5) (as redesignated by 
     subparagraph (A)) the following:
       ``(6) the term `mathematics and science teaching' means 
     mathematics, science, engineering, or technology teaching at 
     the elementary or secondary school level;'';
       (F) in paragraph (7) (as redesignated by subparagraph (A)) 
     by inserting ``or had a career'' after ``is working''; and
       (G) by inserting after paragraph (7) (as redesignated by 
     subparagraph (A)) the following:
       ``(8) the term `partnership' means a partnership that shall 
     include--
       ``(A) an institution of higher education or a consortium of 
     such institutions;
       ``(B) a department within an institution of higher 
     education participating in the partnership that provides an 
     advanced program of study in mathematics and science;
       ``(C)(i) a school or department within an institution of 
     higher education participating in the partnership that 
     provides a master teacher's preparation program; or
       ``(ii) a 2-year institution of higher education that has a 
     teacher preparation offering or a dual enrollment program 
     with an institution of higher education participating in the 
     partnership;
       ``(D) not less than 1 high-need local educational agency 
     and a public school or a consortium of public schools served 
     by the agency; and
       ``(E) 1 or more nonprofit organizations that have the 
     capacity to provide expertise or support to meet the purposes 
     of this section;''; and
       (14) by adding at the end the following:
       ``(m) 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 
     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), 
     clauses (ii) and (iii) of subsection (a)(3)(B), and clauses 
     (ii) and (iii) of subsection (a)(3)(C);
       ``(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 striking ``Scholarship'' 
     and inserting ``Teacher''; and
       (B) by striking ``Scholarship'' and inserting ``Teacher''.
       On page 205, line 8, strike ``during the summer''.
                                 ______
                                 
  SA 941. Ms. SNOWE (for herself and Mr. Kohl) submitted an amendment 
intended to be proposed by her to the bill S. 761, to invest in 
innovation and education to improve the competitiveness of the United 
States in the global economy; which was ordered to lie on the table; as 
follows:

       At the end of title IV of division A, insert the following:

     SEC. 1407. CLARIFICATION OF ELIGIBLE CONTRIBUTIONS IN 
                   CONNECTION WITH REGIONAL CENTERS RESPONSIBLE 
                   FOR IMPLEMENTING THE OBJECTIVES OF THE HOLLINGS 
                   MANUFACTURING PARTNERSHIP PROGRAM.

       Paragraph (3) of section 25(c) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k(c)(3)) is 
     amended to read as follows:
       ``(3) Financial support.--
       ``(A) In general.--Any nonprofit institution, or group 
     thereof, or consortia of nonprofit institutions, including 
     entities existing on August 23, 1988, may submit to the 
     Secretary an application for financial support under this 
     subsection, in accordance with the procedures established by 
     the Secretary and published in the Federal Register under 
     paragraph (2).
       ``(B) Center contributions.--In order to receive assistance 
     under this section, an applicant for financial assistance 
     under subparagraph (A) shall provide adequate assurances that 
     non-Federal assets obtained from the applicant and the 
     applicant's partnering organizations will be used as a 
     funding source to meet not less than 50 percent of the costs 
     incurred for the first 3 years and an increasing share for 
     each of the last 3 years. For purposes of the preceding 
     sentence, the costs incurred means the costs incurred in 
     connection with the activities undertaken to improve the 
     management, productivity, and technological performance of 
     small- and medium-sized manufacturing companies.
       ``(C) Agreements with other entities.--In meeting the 50 
     percent requirement, it is anticipated that a Center will 
     enter into agreements with other entities such as private 
     industry, universities, and State governments to accomplish 
     programmatic objectives and access new and existing resources 
     that will further the impact of the Federal investment made 
     on behalf of small- and medium-sized manufacturing companies. 
     All non-Federal costs, contributed by such entities and 
     determined by a Center as programmatically reasonable and 
     allocable are includable as a portion of the Center's 
     contribution.
       ``(D) Allocation of legal rights.--Each applicant under 
     subparagraph (A) shall also submit a proposal for the 
     allocation of any legal right associated with any invention 
     that may result from an activity of a Center for which such 
     applicant receives financial assistance under this 
     section.''.
                                 ______
                                 
  SA 942. Mr. KOHL (for himself, Ms. Snowe, Mr. Reed, Ms. Stabenow, Mr. 
Brown, Mr. Levin, Mr. Durbin, Mrs. Clinton, Mr. Kerry, Mr. Leahy, Mr. 
Roberts, and Mr. Biden) submitted an amendment intended to be proposed 
by him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       On page 34, line 17, strike ``$120,000,000'' and insert 
     ``$122,005,000''.
       On page 34, line 20, strike ``$125,000,000'' and insert 
     ``$131,766,000''.
       On page 34, line 23, strike ``$130,000,000'' and insert 
     ``$142,300,000''.
                                 ______
                                 
  SA 943. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENGLISH FOR ALL CHILDREN.

       (a) In General.--Notwithstanding any other provision of 
     law, Executive Order, administrative rule, or policy:
       (1) Any Federal funds provided for the education of English 
     language learners or limited English proficient children 
     shall be used solely for English language immersion programs 
     that are limited to a duration of 1 year.
       (2) Any consent decree that requires a State, county, 
     school district, or school to conduct programs of 
     transitional bilingual education or dual language immersion 
     is null and void and shall not be enforced.
       (b) Repeal.--Subsections (b) and (c) of section 3001 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6801(b) and (c)) are repealed.
                                 ______
                                 
  SA 944. Mr. COLEMAN (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:


[[Page 9858]]

       At the end of Division C, insert the following:

       TITLE _--MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS.

     SEC. _01. MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS.

       (a) In General.--From amounts appropriated under subsection 
     (d), the Secretary of Education shall award a grant--
       (1) for each of the school years 2007-2008 through 2010-
     2011, to each of the 3 elementary schools and each of the 3 
     secondary schools in each State, whose students demonstrate 
     the most improvement in mathematics, as measured by the 
     improvement in the students' average score on the State's 
     assessments in mathematics for the school year for which the 
     grant is awarded, as compared to the school year preceding 
     the school year for which the grant is awarded; and
       (2) for each of the school years 2008-2009 through 2010-
     2011, to each of the 3 elementary schools and each of the 3 
     secondary schools in each State, whose students demonstrate 
     the most improvement in science, as measured by the 
     improvement in the students' average score on the State's 
     assessments in science for the school year for which the 
     grant is awarded, as compared to the school year preceding 
     the school year for which the grant is awarded.
       (b) Grant Amount.--The amount of each grant awarded under 
     this section shall be $50,000.

     SEC. _02. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     section $15,000,000 for fiscal year 2008, and $30,000,000 for 
     each of the fiscal years 2009 through 2011.
                                 ______
                                 
  SA 945. Mr. WYDEN (for himself, Mr. Smith, Mr. Pryor, and Mr. Kerry) 
submitted an amendment intended to be proposed by him to the bill S. 
761, to invest in innovation and education to improve the 
competitiveness of the United States in the global economy; which was 
ordered to lie on the table; as follows.

       In division D, insert after section 4014 the following:

     SEC. 4015. NANOTECHNOLOGY IN THE SCHOOLS.

       (a) Findings.--Congress makes the following findings:
       (1) The rapidly growing field of nanotechnology is 
     generating scientific and technological breakthroughs that 
     will benefit society by improving the way many things are 
     designed and made.
       (2) Nanotechnology is likely to have a significant, 
     positive impact on the security, economic well-being, and 
     health of Americans as fields related to nanotechnology 
     expand.
       (3) In order to maximize the benefits of nanotechnology to 
     individuals in the United States, the United States must 
     maintain world leadership in the field of nanotechnology, 
     including nanoscience and microtechnology, in the face of 
     determined competition from other nations.
       (4) According to the National Science Foundation, foreign 
     students on temporary visas earned 32 percent of all science 
     and engineering doctorates awarded in the United States in 
     2003, the last year for which data is available. Foreign 
     students earned 55 percent of the engineering doctorates. 
     Many of these students expressed an intent to return to their 
     country of origin after completing their study.
       (5) To maintain world leadership in nanotechnology, the 
     United States must make a long-term investment in educating 
     United States students in secondary schools and institutions 
     of higher education, so that the students are able to conduct 
     nanoscience research and develop and commercialize 
     nanotechnology applications.
       (6) Preparing United States students for careers in 
     nanotechnology, including nanoscience, requires that the 
     students have access to the necessary scientific tools, 
     including scanning electron microscopes designed for 
     teaching, and requires training to enable teachers and 
     professors to use those tools in the classroom and the 
     laboratory.
       (b) Purpose.--The purpose of this section is to strengthen 
     the capacity of United States secondary schools and 
     institutions of higher education to prepare students for 
     careers in nanotechnology by providing grants to those 
     schools and institutions to provide the tools necessary for 
     such preparation.
       (c) Definitions.--In this section:
       (1) Eligible institution.--The term ``eligible 
     institution'' means an institution that is--
       (A) a public or charter secondary school that offers 1 or 
     more advanced placement science courses or international 
     baccalaureate science courses;
       (B) a community college, as defined in section 3301 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7011); or
       (C) a 4-year institution of higher education or a branch, 
     within the meaning of section 498 of the Higher Education Act 
     of 1965 (20 U.S.C. 1099c), of such an institution.
       (2) Qualified nanotechnology equipment.--The term 
     ``qualified nanotechnology equipment'' means equipment, 
     instrumentation, or hardware that is--
       (A) used for teaching nanotechnology in the classroom; and
       (B) manufactured in the United States at least 50 percent 
     from articles, materials, or supplies that are mined, 
     produced, or manufactured, as the case may be, in the United 
     States.
       (d) Program Authorized.--
       (1) Program authorized.--The Director of the National 
     Science Foundation (referred to in this section as the 
     ``Director'') shall establish a nanotechnology in the schools 
     program to strengthen the capacity of eligible institutions 
     to provide instruction in nanotechnology. In carrying out the 
     program, the Director shall award grants of not more than 
     $150,000 to eligible institutions to provide such 
     instruction.
       (2) Activities supported.--
       (A) In general.--An eligible institution shall use a grant 
     awarded under this section--
       (i) to acquire qualified nanotechnology equipment and 
     software designed for teaching students about nanotechnology 
     in the classroom;
       (ii) to develop and provide educational services, including 
     carrying out faculty development, to prepare students or 
     faculty seeking a degree or certificate that is approved by 
     the State, or a regional accrediting body recognized by the 
     Secretary of Education; and
       (iii) to provide teacher education and certification to 
     individuals who seek to acquire or enhance technology skills 
     in order to use nanotechnology in the classroom or 
     instructional process.
       (B) Limitation.--
       (i) Uses.--Not more than \1/4\ of the amount of the funds 
     made available through a grant awarded under this section may 
     be used for software, educational services, or teacher 
     education and certification as described in this paragraph.
       (ii) Programs.--In the case of a grant awarded under this 
     section to a community college or institution of higher 
     education, the funds made available through the grant may be 
     used only in undergraduate programs.
       (3) Applications and selection.--
       (A) In general.--To be eligible to receive a grant under 
     this section, an eligible institution shall submit an 
     application to the Director at such time, in such manner, and 
     accompanied by such information as the Director may 
     reasonably require.
       (B) Procedure.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall establish a 
     procedure for accepting such applications and publish an 
     announcement of such procedure, including a statement 
     regarding the availability of funds, in the Federal Register.
       (C) Selection.--In selecting eligible institutions to 
     receive grants under this section, and encouraging eligible 
     institutions to apply for such grants, the Director shall, to 
     the greatest extent practicable--
       (i) select eligible entities in geographically diverse 
     locations;
       (ii) encourage the application of historically Black 
     colleges and universities (meaning part B institutions, as 
     defined in section 322 of the Higher Education Act of 1965 
     (20 U.S.C. 1061)) and minority institutions (as defined in 
     section 365 of such Act (20 U.S.C. 1067k)); and
       (iii) select eligible institutions that include 
     institutions located in States participating in the 
     Experimental Program to Stimulate Competitive Research 
     (commonly known as ``EPSCoR'').
       (4) Matching requirement and limitation.--
       (A) In general.--
       (i) Requirement.--The Director may not award a grant to an 
     eligible institution under this section unless such 
     institution agrees that, with respect to the costs to be 
     incurred by the institution in carrying out the program for 
     which the grant was awarded, such institution will make 
     available (directly or through donations from public or 
     private entities) non-Federal contributions in an amount 
     equal to \1/4\ of the amount of the grant.
       (ii) Waiver.--The Director shall waive the matching 
     requirement described in clause (i) for any institution with 
     no endowment, or an endowment that has a dollar value lower 
     than $5,000,000, as of the date of the waiver.
       (B) Limitation.--
       (i) Branches.--If a branch described in subsection 
     (c)(1)(C) receives a grant under this section that exceeds 
     $100,000, that branch shall not be eligible, until 2 years 
     after the date of receipt of the grant, to receive another 
     grant under this section.
       (ii) Other eligible institutions.--If an eligible 
     institution other than a branch referred to in clause (i) 
     receives a grant under this section that exceeds $100,000, 
     that institution shall not be eligible, until 2 years after 
     the date of receipt of the grant, to receive another grant 
     under this section.
       (5) Annual report and evaluation.--
       (A) Report by institutions.--Each institution that receives 
     a grant under this section shall prepare and submit a report 
     to the Director, not later than 1 year after the date of 
     receipt of the grant, on its use of the grant funds.
       (B) Review and evaluation.--
       (i) Review.--The Director shall annually review the reports 
     submitted under subparagraph (A).

[[Page 9859]]

       (ii) Evaluation.--At the end of every third year, the 
     Director shall evaluate the program authorized by this 
     section on the basis of those reports. The Director, in the 
     evaluation, shall describe the activities carried out by the 
     institutions receiving grants under this section and shall 
     assess the short-range and long-range impact of the 
     activities carried out under the grants on the students, 
     faculty, and staff of the institutions.
       (C) Report to congress.--Not later than 6 months after 
     conducting an evaluation under subparagraph (B), the Director 
     shall prepare and submit a report to Congress based on the 
     evaluation. In the report, the Director shall include such 
     recommendations, including recommendations concerning the 
     continuing need for Federal support of the program carried 
     out under this section, as may be appropriate.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director to carry out this section 
     $15,000,000 for fiscal year 2008, and such sums as may be 
     necessary for fiscal years 2009 through 2011.
                                 ______
                                 
  SA 946. Mr. COLEMAN (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. _. SBIR-STEM WORKFORCE DEVELOPMENT GRANT PILOT PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (2) the term ``eligible entity'' means a grantee under the 
     SBIR Program that provides an internship program for STEM 
     college students;
       (3) the terms ``Phase I'' and ``Phase II'' mean Phase I and 
     Phase II grants under the SBIR Program, respectively;
       (4) the term ``pilot program'' means the SBIR-STEM 
     Workforce Development Grant Pilot Program established under 
     subsection (b);
       (5) the term ``SBIR Program'' has the meaning given that 
     term in section 9(e) of the Small Business Act (15 U.S.C. 
     638(e)); and
       (6) the term ``STEM college student'' means a college 
     student in the field of science, technology, engineering, or 
     math.
       (b) Pilot Program Established.--From amounts made available 
     to carry out this section, the Administrator shall establish 
     an SBIR-STEM Workforce Development Grant Pilot Program to 
     encourage the business community to provide workforce 
     development opportunities to STEM college students, by 
     providing an SBIR bonus grant to eligible entities.
       (c) Awards.--A bonus grant to an eligible entity under the 
     pilot program shall be in an amount equal to 10 percent of 
     either a Phase I or Phase II grant, as applicable, with a 
     total award maximum of not more than $10,000 per year.
       (d)  Evaluation.--Following the fourth year of funding 
     under this section, the Administrator shall submit a report 
     to Congress on the results of the pilot program.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $1,000,000 for fiscal year 2008;
       (2) $1,000,000 for fiscal year 2009;
       (3) $1,000,000 for fiscal year 2010; and
       (4) $1,000,000 for fiscal year 2011.
                                 ______
                                 
  SA 947. Mr. BINGAMAN (for Mr. Dodd (for himself, Mr. Shelby, and Mr. 
Reed)) proposed an amendment to the bill S. 761, to invest in 
innovation and education to improve the competitiveness of the United 
States in the global economy; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ___. SENSE OF THE SENATE REGARDING SMALL BUSINESS GROWTH 
                   AND CAPITAL MARKETS.

       (a) Findings.--The Congress finds that--
       (1) the United States has the most fair, most transparent, 
     and most efficient capital markets in the world, in part due 
     to its strong securities statutory and regulatory scheme;
       (2) it is of paramount importance for the continued growth 
     of our Nation's economy, that our capital markets retain 
     their leading position in the world;
       (3) small businesses are vital participants in United 
     States capital markets, and play a critical role in future 
     economic growth and high-wage job creation;
       (4) section 404 of the Sarbanes-Oxley Act of 2002, has 
     greatly enhanced the quality of corporate governance and 
     financial reporting for public companies and increased 
     investor confidence;
       (5) the Securities and Exchange Commission (in this section 
     referred to as the ``Commission'') and the Public Company 
     Accounting Oversight Board (in this section referred to as 
     the ``PCAOB'') have both determined that the current auditing 
     standard implementing section 404 of the Sarbanes-Oxley Act 
     of 2002 has imposed unnecessary and unintended cost burdens 
     on small and mid-sized public companies;
       (6) the Commission and PCAOB are now near completion of a 
     2-year process intended to revise the standard in order to 
     provide more efficient and effective regulation; and
       (7) the chairman of the Commission recently has said, with 
     respect to section 404 of the Sarbanes-Oxley Act of 2002, 
     that, ``We don't need to change the law, we need to change 
     the way the law is implemented. It is the implementation of 
     the law that has caused the excessive burden, not the law 
     itself. That's an important distinction. I don't believe 
     these important investor protections, which are even now only 
     a few years old, should be opened up for amendment, or that 
     they need to be.''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Commission and the PCAOB should complete 
     promulgation of the final rules implementing section 404 of 
     the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262).
                                 ______
                                 
  SA 948. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the end of division D, add the following:

     SEC. 4015. CENTER FOR NANOTECHNOLOGY RESEARCH AND 
                   ENGINEERING.

       (a) Center Established.--The Director of the National 
     Science Foundation shall establish a geographically diverse, 
     interdisciplinary Center for Nanotechnology Research and 
     Engineering (hereafter in this section referred to as the 
     ``Center'') to focus on--
       (1) the science and engineering of manufacturing at the 
     nanoscale in multiple dimensions; or
       (2) nanotechnology for sustainable energy, water, 
     agriculture, and the environment.
       (b) Center or Node.--The Center may be a Nanoscale Science 
     and Engineering Center or a National Nanotechnology 
     Infrastructure Network Node.
       (c) Composition.--The Center shall consist of a lead 
     academic institution located in an Experimental Program to 
     Stimulate Competitive Research (EPSCoR) State and at least 1 
     additional academic institution located in a second EPSCoR 
     State.
       (d) Duties.--The Center shall--
       (1) collaborate with other National Science Foundation 
     grantees, and with grantees from other Federal agencies, 
     working on nanomanufacturing;
       (2) share resources with the programs of the grantees 
     described in paragraph (1) for the purpose of mutual 
     advantage; and
       (3) work toward a nanomanufacturing network that encourages 
     extensive industrial collaboration.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the National Science Foundation to 
     carry out this section $2,500,000 for each of the fiscal 
     years 2008 through 2012.
                                 ______
                                 
  SA 949. Mr. DURBIN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 902 proposed by Mr. 
Cornyn to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       On page 21, after line 2, add the following:

        Subtitle E--H-1B and L-1 Visa Fraud and Abuse Prevention

     SEC. 1651. SHORT TITLE.

       This subtitle may be cited as the ``H-1B and L-1 Visa Fraud 
     and Abuse Prevention Act of 2007''.

     SEC. 1652. H-1B EMPLOYER REQUIREMENTS.

       (a) Application of Nondisplacement and Good Faith 
     Recruitment Requirements to All H-1B Employers.--
       (1) Amendments.--Section 212(n) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E);

       (I) in clause (i), by striking ``(E)(i) In the case of an 
     application described in clause (ii), the'' and inserting 
     ``(E) The''; and
       (II) by striking clause (ii);

       (ii) in subparagraph (F), by striking ``In the case of'' 
     and all that follows through ``where--'' and inserting the 
     following: ``The employer will not place the nonimmigrant 
     with another employer if--''; and
       (iii) in subparagraph (G), by striking ``In the case of an 
     application described in subparagraph (E)(ii), subject'' and 
     inserting ``Subject'';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by striking ``If an H-1B-dependent 
     employer'' and inserting ``If an employer that employs H-1B 
     nonimmigrants''; and
       (ii) in subparagraph (F), by striking ``The preceding 
     sentence shall apply to an employer regardless of whether or 
     not the employer is an H-1B-dependent employer.''; and
       (C) by striking paragraph (3).

[[Page 9860]]

       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (b) Nondisplacement Requirement.--
       (1) Extending time period for nondisplacement.--Section 
     212(n) of such Act, as amended by subsection (a), is further 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking ``90 days'' each place 
     it appears and inserting ``180 days'';
       (ii) in subparagraph (F)(ii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''; and
       (B) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (c) Public Listing of Available Positions.--
       (1) Listing of available positions.--Section 212(n)(1)(C) 
     of such Act is amended--
       (A) in clause (i), by striking ``(i) has provided'' and 
     inserting the following:
       ``(ii)(I) has provided'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by inserting before clause (ii), as redesignated, the 
     following:
       ``(i) has advertised the job availability on the list 
     described in paragraph (6), for at least 30 calendar days; 
     and''.
       (2) List maintained by the department of labor.--Section 
     212(n) of such Act, as amended by this section, is further 
     amended by adding at the end the following:
       ``(6)(A) Not later than 90 days after the date of the 
     enactment of this paragraph, the Secretary of Labor shall 
     establish a list of available jobs, which shall be publicly 
     accessible without charge--
       ``(i) on a website maintained by the Department of Labor, 
     which website shall be searchable by--
       ``(I) the name, city, State, and zip code of the employer;
       ``(II) the date on which the job is expected to begin;
       ``(III) the title and description of the job; and
       ``(IV) the State and city (or county) at which the work 
     will be performed; and
       ``(ii) at each 1-stop center created under the Workforce 
     Investment Act of 1998 (Public Law 105-220).
       ``(B) Each available job advertised on the list shall 
     include--
       ``(i) the employer's full legal name;
       ``(ii) the address of the employer's principal place of 
     business;
       ``(iii) the employer's State, city, and zip code;
       ``(iv) the employer's Federal Employer Identification 
     Number;
       ``(v) the phone number, including area code and extension, 
     as appropriate, of the hiring official or other designated 
     official of the employer;
       ``(vi) the e-mail address, if available, of the hiring 
     official or other designated official of the employer;
       ``(vii) the wage rate to be paid for the position and, if 
     the wage rate in the offer is expressed as a range, the 
     bottom of the wage range;
       ``(viii) whether the rate of pay is expressed on an annual, 
     monthly, biweekly, weekly, or hourly basis;
       ``(ix) a statement of the expected hours per week that the 
     job will require;
       ``(x) the date on which the job is expected to begin;
       ``(xi) the date on which the job is expected to end, if 
     applicable;
       ``(xii) the number of persons expected to be employed for 
     the job;
       ``(xiii) the job title;
       ``(xiv) the job description;
       ``(xv) the city and State of the physical location at which 
     the work will be performed; and
       ``(xvi) a description of a process by which a United States 
     worker may submit an application to be considered for the 
     job.
       ``(C) The Secretary of Labor may charge a nominal filing 
     fee to employers who advertise available jobs on the list 
     established under this paragraph to cover expenses for 
     establishing and administering the requirements under this 
     paragraph.
       ``(D) The Secretary may promulgate rules, after notice and 
     a period for comment--
       ``(i) to carry out the requirements of this paragraph; and
       ``(ii) that require employers to provide other information 
     in order to advertise available jobs on the list.''.
       (3) Effective date.--The amendments made by paragraph (1)--
       (A) shall take effect on the date that is 30 days after the 
     creation of the list described in section 212(n)(6) of the 
     Immigration and Nationality Act, as added by paragraph (2); 
     and
       (B) shall apply to all applications filed on or after such 
     date.
       (d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of 
     such Act, as amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       ``(H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       ``(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       ``(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.''; and
       (2) in the undesignated paragraph at the end, by striking 
     ``The employer'' and inserting the following:
       ``(K) The employer''.
       (e) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) of such Act, as amended by 
     this section, is further amended--
       (A) in paragraph (1), by amending subparagraph (F) to read 
     as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an alien admitted or 
     provided status as an H-1B nonimmigrant with another 
     employer;'' and
       (B) in paragraph (2), by striking subparagraph (E).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (f) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (d)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.''.
       (g) Wage Determination.--
       (1) Change in minimum wages.--Section 212(n)(1) of such 
     Act, as amended by this section, is further amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) The employer--
       ``(i) is offering and will offer, during the period of 
     authorized employment, to aliens admitted or provided status 
     as an H-1B nonimmigrant, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(I) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(II) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(III) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(ii) will provide working conditions for such a 
     nonimmigrant that will not adversely affect the working 
     conditions of workers similarly employed.''; and
       (B) in subparagraph (D), by inserting ``the wage 
     determination methodology used under subparagraph (A)(i),'' 
     after ``shall contain''.
       (2) Provision of w-2 forms.--Section 212(n)(1) of such Act 
     is amended by inserting after subparagraph (I), as added by 
     subsection (f), the following:
       ``(J) If the employer, in such previous period as the 
     Secretary shall specify, employed 1 or more H-1B 
     nonimmigrants, the employer shall submit to the Secretary the 
     Internal Revenue Service Form W-2 Wage and Tax Statement 
     filed by the employer with respect to such nonimmigrants for 
     such period.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (h) Immigration Documents.--Section 204 of such Act (8 
     U.S.C. 1154) is amended by adding at the end the following:
       ``(l) Employer To Share All Immigration Paperwork Exchanged 
     With Federal Agencies.--Not later than 10 working days after 
     receiving a written request from a former, current, or future 
     employee or beneficiary, an employer shall provide the 
     employee or beneficiary with the original (or a certified 
     copy of the original) of all petitions, notices, and other 
     written communication exchanged between the employer and the 
     Department of Labor, the Department of Homeland Security, or 
     any other Federal agency that is related to an immigrant or 
     nonimmigrant petition filed by the employer for the employee 
     or beneficiary.''.

     SEC. 1653. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K) of the 
     Immigration and Nationality Act, as redesignated by section 
     1652(d)(2), is amended--
       (1) by inserting ``and through the website of the 
     Department of Labor, without charge.'' after ``D.C.'';
       (2) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';

[[Page 9861]]

       (3) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (4) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (5) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2).
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) of such Act is amended--
       (1) in subparagraph (A)--
       (A) by striking ``12 months'' and inserting ``24 months''; 
     and
       (B) by striking ``The Secretary shall conduct'' and all 
     that follows and inserting ``Upon the receipt of such a 
     complaint, the Secretary may initiate an investigation to 
     determine if such a failure or misrepresentation has 
     occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``a condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';
       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.'';
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2) of such 
     Act, as amended by this section, is further amended by 
     inserting after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year. The Secretary shall conduct annual 
     compliance audits of each employer with more than 100 
     employees who work in the United States if more than 15 
     percent of such employees are H-1B nonimmigrants.''.
       (e) Penalties.--Section 212(n)(2)(C) of such Act, as 
     amended by this section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n) of such Act, as amended by this 
     section, is further amended by inserting after paragraph (2) 
     the following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.''.

     SEC. 1654. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (H), if an 
     alien spouse admitted under section 101(a)(15)(L)''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     up to 12 months only if the employer operating the new 
     facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     preceding 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the preceding 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii), and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a petition subsequently filed 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly

[[Page 9862]]

     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Restriction on Blanket Petitions.--Section 214(c)(2)(A) 
     of such Act is amended to read as follows:
       ``(2)(A) The Secretary of Homeland Security may not permit 
     the use of blanket petitions to import aliens as 
     nonimmigrants described in section 101(a)(15)(L).''.
       (c) Prohibition on Outplacement.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(H) An employer who imports 1 or more aliens as 
     nonimmigrants described in section 101(a)(15)(L) shall not 
     place, outsource, lease, or otherwise contract for the 
     placement of an alien admitted or provided status as an L-1 
     nonimmigrant with another employer.''.
       (d) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) of such Act, as amended by this section, is 
     further amended by adding at the end the following:
       ``(I)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5, United 
     States Code.
       ``(iii) The Secretary of Homeland Security shall establish 
     a procedure for any person desiring to provide the Secretary 
     with information described in clause (ii) that may be used, 
     in whole or in part, as the basis for the commencement of an 
     investigation described in such clause, to provide the 
     information in writing on a form developed and provided by 
     the Secretary and completed by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to conduct 
     such investigation. The notice shall be provided in such a 
     manner, and shall contain sufficient detail, to permit the 
     employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that employ H-1B 
     nonimmigrants. The Secretary shall conduct annual compliance 
     audits of not less than 1 percent of the employers that 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year. The Secretary shall 
     conduct annual compliance audits of each employer with more 
     than 100 employees who work in the United States if more than 
     15 percent of such employees are nonimmigrants described in 
     section 101(a)(15)(L).''.
       (2) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (e) Penalties.--Section 214(c)(2) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following:
       ``(J)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.
       (f) Wage Determination.--
       (1) Change in minimum wages.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(aa) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(bb) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(cc) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(II) provide working conditions for such nonimmigrant 
     that will not adversely affect the working conditions of 
     workers similarly employed.
       ``(ii) If an employer, in such previous period specified by 
     the Secretary of Homeland Security, employed 1 or more L-1 
     nonimmigrants, the employer shall provide to the Secretary of 
     Homeland Security the Internal Revenue Service Form W-2 Wage 
     and Tax Statement filed by the employer with respect to such 
     nonimmigrants for such period.
       ``(iii) It is a failure to meet a condition under this 
     subparagraph for an employer, who has filed a petition to 
     import 1 or more aliens as nonimmigrants described in section 
     101(a)(15)(L), to--
       ``(I) require such a nonimmigrant to pay a penalty for 
     ceasing employment with the employer before a date mutually 
     agreed to by the nonimmigrant and the employer; or
       ``(II) fail to offer to such a nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--
       ``(aa) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(bb) the opportunity to participate in retirement and 
     savings plans; and
       ``(cc) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance).
       ``(iv) The Secretary of Homeland Security shall determine 
     whether a required payment under clause (iii)(I) is a penalty 
     (and not liquidated damages) pursuant to relevant State 
     law.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.

     SEC. 1655. WHISTLEBLOWER PROTECTIONS.

       (a) H-1B Whistleblower Protections.--Section 
     212(n)(2)(C)(iv) of the Immigration

[[Page 9863]]

     and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended--
       (1) by inserting ``take, fail to take, or threaten to take 
     or fail to take, a personnel action, or'' before ``to 
     intimidate''; and
       (2) by adding at the end the following: ``An employer that 
     violates this clause shall be liable to the employees harmed 
     by such violation for lost wages and benefits.''.
       (b) L-1 Whistleblower Protections.--Section 214(c)(2) of 
     such Act, as amended by section 1654, is further amended by 
     adding at the end the following:
       ``(L)(i) It is a violation of this subparagraph for an 
     employer who has filed a petition to import 1 or more aliens 
     as nonimmigrants described in section 101(a)(15)(L) to take, 
     fail to take, or threaten to take or fail to take, a 
     personnel action, or to intimidate, threaten, restrain, 
     coerce, blacklist, discharge, or discriminate in any other 
     manner against an employee because the employee--
       ``(I) has disclosed information that the employee 
     reasonably believes evidences a violation of this subsection, 
     or any rule or regulation pertaining to this subsection; or
       ``(II) cooperates or seeks to cooperate with the 
     requirements of this subsection, or any rule or regulation 
     pertaining to this subsection.
       ``(ii) An employer that violates this subparagraph shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.
       ``(iii) In this subparagraph, the term `employee' 
     includes--
       ``(I) a current employee;
       ``(II) a former employee; and
       ``(III) an applicant for employment.''.

     SEC. 1656. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

       (a) In General.--The Secretary of Labor is authorized to 
     hire 200 additional employees to administer, oversee, 
     investigate, and enforce programs involving H-1B nonimmigrant 
     workers.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 950. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       On page 163, between lines 6 and 7, insert the following:
       (v) incorporating 21st century learning skills into the 
     State plan, which skills shall include critical thinking, 
     problem solving, communication, collaboration, global 
     awareness, and business and financial literacy.
                                 ______
                                 
  SA 951. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       On page 153, between lines 12 and 13, insert the following:
       (M) distance learning projects for critical foreign 
     language learning.
                                 ______
                                 
  SA 952. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                     DIVISION E--GENERAL PROVISIONS

     SEC. 5001. COLLECTION OF DATA RELATING TO TRADE IN SERVICES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     establish a program within the Bureau of Economic Analysis to 
     collect and study data relating to export and import of 
     services. As part of the program, the Secretary shall 
     annually--
       (1) provide data collection and analysis relating to export 
     and import of services;
       (2) collect and analyze data for service imports and 
     exports in not less than 40 service industry categories, on a 
     state-by-state basis;
       (3) include data collection and analysis of the employment 
     effects of exports and imports on the service industry; and
       (4) integrate ongoing and planned data collection and 
     analysis initiatives in research and development and 
     innovation.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Commerce $3,000,000 
     for each of the fiscal years 2008, 2009, 2010, 2011, 2012, to 
     carry out the provisions of this section.
                                 ______
                                 
  SA 953. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       Beginning on page 85, strike line 18 and all that follows 
     through page 86, line 5, and insert the following:
       Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 
     16311(b)) is amended by striking paragraphs (2) and (3) and 
     inserting the following:
       ``(2) $5,000,000,000 for fiscal year 2008;
       ``(3) $6,000,000,000 for fiscal year 2009;
       ``(4) $7,000,000,000 for fiscal year 2010; and
       ``(5) $8,000,000,000 for fiscal year 2011.''.
                                 ______
                                 
  SA 954. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       Strike section 2005 and insert the following:

     SEC. 2005. ADVANCED RESEARCH PROJECTS ADMINISTRATION-ENERGY.

       (a) Establishment.--There is established the Advanced 
     Research Projects Administration-Energy (referred to in this 
     section as ``ARPA-E'').
       (b) Goals.--The goals of ARPA-E are to reduce the quantity 
     of energy the United States imports from foreign sources and 
     to improve the competitiveness of the United States economy 
     by--
       (1) promoting revolutionary changes in the critical 
     technologies that would promote energy competitiveness;
       (2) turning cutting-edge science and engineering into 
     technologies for energy and environmental application; and
       (3) accelerating innovation in energy and the environment 
     for both traditional and alternative energy sources and in 
     energy efficiency mechanisms to--
       (A) reduce energy use;
       (B) decrease the reliance of the United States on foreign 
     energy sources; and
       (C) improve energy competitiveness.
       (c) Director.--
       (1) In general.--ARPA-E shall be headed by a Director 
     (referred to in this section as the ``Director'') appointed 
     by the President.
       (2) Positions at level v.--Section 5316 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Director, Advanced Research Projects Administration-
     Energy.''.
       (d) Duties.--
       (1) In general.--In carrying out this section, the Director 
     shall award competitive grants, cooperative agreements, or 
     contracts to institutions of higher education, companies, or 
     consortia of such entities (which may include federally 
     funded research and development centers) to achieve the goal 
     described in subsection (b) through acceleration of--
       (A) energy-related research;
       (B) development of resultant techniques, processes, and 
     technologies, and related testing and evaluation; and
       (C) demonstration and commercial application of the most 
     promising technologies and research applications.
       (2) Small-business concerns.--The Director shall carry out 
     programs established under this section, to the maximum 
     extent practicable, in a manner that is similar to the Small 
     Business Innovation Research Program established under 
     section 9 of the Small Business Act (15 U.S.C. 638) to ensure 
     that small-business concerns are fully able to participate in 
     the programs.
       (e) Personnel.--
       (1) Program managers.--
       (A) Appointment.--The Director shall appoint employees to 
     serve as program managers for each of the programs that are 
     established to carry out the duties of ARPA-E under this 
     section.
       (B) Duties.--Program managers shall be responsible for--
       (i) establishing research and development goals for the 
     program, as well as publicizing goals of the program to the 
     public and private sectors;
       (ii) soliciting applications for specific areas of 
     particular promise, especially areas for which the private 
     sector cannot or will not provide funding;
       (iii) selecting research projects for support under the 
     program from among applications submitted to ARPA-E, based 
     on--

       (I) the scientific and technical merit of the proposed 
     projects;
       (II) the demonstrated capabilities of the applicants to 
     successfully carry out the proposed research project; and
       (III) such other criteria as are established by the 
     Director; and

       (iv) monitoring the progress of projects supported under 
     the program.
       (2) Other personnel.--
       (A) In general.--Subject to subparagraph (B), the Director 
     shall appoint such employees as are necessary to carry out 
     the duties of ARPA-E under this section.
       (B) Limitations.--The Director shall appoint not more than 
     250 employees to carry out the duties of ARPA-E under this 
     section, including not less than 180 technical staff, of 
     which--
       (i) not less than 20 staff shall be senior technical 
     managers (including program managers designated under 
     paragraph (1)); and
       (ii) not less than 80 staff shall be technical program 
     managers.

[[Page 9864]]

       (3) Experimental personnel authority.--In appointing 
     personnel for ARPA-E, the Director shall have the hiring and 
     management authorities described in section 1101 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 5 U.S.C. 3104 note).
       (4) Maximum duration of employment.--
       (A) Program managers and senior technical managers.--
       (i) In general.--Subject to clause (ii), a program manager 
     and a senior technical manager appointed under this 
     subsection shall serve for a term not to exceed 4 years after 
     the date of appointment.
       (ii) Extensions.--The Director may extend the term of 
     employment of a program manager or a senior technical manager 
     appointed under this subsection for not more than 4 years 
     through 1 or more 2-year terms.
       (B) Technical program managers.--A technical program 
     manager appointed under this subsection shall serve for a 
     term not to exceed 6 years after the date of appointment.
       (5) Location.--The office of an officer or employee of 
     ARPA-E shall not be located in the headquarters of the 
     Department of Energy.
       (f) Transactions Other Than Contracts and Grants.--
       (1) In general.--To carry out projects through ARPA-E, the 
     Director may enter into transactions (other than contracts, 
     cooperative agreements, and grants) to carry out advanced 
     research projects under this section under similar terms and 
     conditions as the authority is exercised under section 646(g) 
     of the Department of Energy Organization Act (42 U.S.C. 
     7256(g)).
       (2) Peer review.--Peer review shall not be required for 75 
     percent of the research projects carried out by the Director 
     under this section.
       (g) Prizes for Advanced Technology Achievements.--The 
     Director may carry out a program to award cash prizes in 
     recognition of outstanding achievements in basic, advanced, 
     and applied research, technology development, and prototype 
     development that have the potential for application to the 
     performance of the mission of ARPA-E under similar terms and 
     conditions as the authority is exercised under section 1008 
     of the Energy Policy Act of 2005 (42 U.S.C. 16396).
       (h) Coordination of Activities.--The Director--
       (1) shall ensure that the activities of ARPA-E are 
     coordinated with activities of Department of Energy offices 
     and outside agencies; and
       (2) may carry out projects jointly with other agencies.
       (i) Report.--Not later than September 30, 2008, the 
     Director shall submit to Congress a report on the activities 
     of ARPA-E under this section, including a recommendation on 
     whether ARPA-E needs an energy research laboratory.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $300,000,000 for fiscal year 2008;
       (2) $600,000,000 for fiscal year 2009;
       (3) $1,100,000,000 for fiscal year 2010;
       (4) $1,500,000,000 for fiscal year 2011; and
       (5) $2,000,000,000 for fiscal year 2012.
                                 ______
                                 
  SA 955. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. . PROHIBITION AGAINST FUNDING ANTI-COMPETITIVENESS

       Notwithstanding any other provision of the Law; no federal 
     funds shall be provided to any organization or entity that 
     advocates against tax competition or United States tax 
     competitiveness.
                                 ______
                                 
  SA 956. Mr. CRAPO (for himself and Mr. Schumer) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING CAPITAL MARKETS.

       (a) Findings.--The Senate finds that--
       (1) United States capital markets are losing their 
     competitive edge in the face of intensifying global 
     competition, posing a risk to economic growth, a problem that 
     is well-documented in initial public offerings (IPO), over-
     the-counter (OTC) derivatives, securitization, and 
     traditional lending;
       (2) according to the Senator Charles E. Schumer and Mayor 
     Michael R. Bloomberg report, entitled ``Sustaining New York's 
     and the US's Global Financial Services Leadership'', ``In 
     looking at several of the critical contested investment 
     banking and sales and trading markets--initial public 
     offerings (IPOs), over-the-counter (OTC) derivatives, and 
     debt--it is clear that the declining position of the US goes 
     beyond this natural market evolution to more controllable, 
     intrinsic issues of US competitiveness. As market 
     effectiveness, liquidity and safety become more prevalent in 
     the world's financial markets, the competitive arena for 
     financial services is shifting toward a new set of factors--
     like availability of skilled people and a balanced and 
     effective legal and regulatory environment--where the US is 
     moving in the wrong direction.'';
       (3) further, the report referred to in paragraph (2) stated 
     that--
       (A) ``The IPO market also offers the most dramatic 
     illustration of the change in capital-raising needs around 
     the world, and US exchanges are rapidly losing ground to 
     foreign rivals. When looking at all IPOs that took place 
     globally in 2006, the share of IPO volume attracted by US 
     exchanges is barely one-third of that captured in 2001. By 
     contrast, the global share of IPO volume captured by European 
     exchanges has expanded by more than 30 percent over the same 
     period, while non-Japan Asian markets have doubled their 
     equivalent market share since 2001. When one considers mega-
     IPOs - those over $1 billion - US exchanges attracted 57 
     percent of such transactions in 2001, compared with just 16 
     percent during the first ten months of 2006.''; and
       (B) ``London already enjoys clear leadership in the fast-
     growing and innovative over-the-counter (OTC) derivatives 
     market. This is significant because of the trading flow that 
     surrounds derivatives markets and because of the innovation 
     these markets drive, both of which are key competitive 
     factors for financial centers. Dealers and investors 
     increasingly see derivatives and cash markets as 
     interchangeable and are therefore combining trading 
     operations for both products. Indeed, the derivatives markets 
     can be more liquid than the underlying cash markets. 
     Therefore, as London takes the global lead in derivatives, 
     America's competitiveness in both cash and derivatives flow 
     trading is at risk, as is its position as a center for 
     financial innovation.'';
       (4) on March 13, 2007, the Department of the Treasury 
     convened a conference on United States capital markets 
     competitiveness, where--
       (A) key policymakers, consumer advocates, members of the 
     international community, business representatives, and 
     academic experts, each with different perspectives, discussed 
     ways to keep United States capital markets the strongest and 
     most innovative in the world; and
       (B) conference delegates examined the impact of the United 
     States regulatory structure and philosophy, the legal and 
     corporate governance environment, and the auditing profession 
     and financial reporting on United States capital markets 
     competitiveness;
       (5) the foundation of any competitive capital market is 
     investor confidence, and since1930, the United States has 
     required some of the most extensive financial disclosures, 
     supported by one of the most robust enforcement regimes in 
     the world;
       (6) a balanced regulatory system is essential to protecting 
     investors and the efficient functioning of capital markets; 
     and
       (7) too much regulation stifles entrepreneurship, 
     competition, and innovation, and too little regulation 
     creates excessive risk to industry, investors, and the 
     overall system.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) Congress, the President, regulators, industry leaders, 
     and other stakeholders should take the necessary steps to 
     reclaim the preeminent position of the United States in the 
     global financial services marketplace;
       (2) the Federal and State financial regulatory agencies 
     should, to the maximum extent possible, coordinate activities 
     on significant policy matters, so as not to impose 
     regulations that may have adverse unintended consequences on 
     innovativeness with respect to financial products, 
     instruments, and services, or that impose regulatory costs 
     that are disproportionate to their benefits, and, at the same 
     time, ensure that the regulatory framework overseeing the 
     United States capital markets continues to promote and 
     protect the interests of investors in those markets; and
       (3) given the complexity of the financial services 
     marketplace today, Congress should exercise vigorous 
     oversight over Federal regulatory and statutory requirements 
     affecting the financial services industry and consumers, with 
     the goal of eliminating excessive regulation and problematic 
     implementation of existing laws and regulations, while 
     ensuring that necessary investor protections are not 
     compromised.
                                 ______
                                 
  SA 957. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       On page 98, line 14, insert after ``master's degree 
     programs'' the following: ``, or full-time online master's 
     degree programs,''.
       On page 99, line 5, strike ``critical foreign language'' 
     and insert the following: ``a critical foreign language, or 
     on behalf of a department or school with a competency-based 
     degree program (in mathematics, engineering, science, or a 
     critical foreign language) that includes teacher 
     certification,''.

[[Page 9865]]

       Beginning on page 100, strike line 16 and all that follows 
     through page 101, line 3, and insert the following:
       (ii)(I)(aa) a department within the eligible recipient that 
     provides a program of study in mathematics, engineering, 
     science, or a critical foreign language; and
       (bb) a school or department within the eligible recipient 
     that provides a teacher preparation program, or a 2-year 
     institution of higher education that has a teacher 
     preparation offering or a dual enrollment program with the 
     eligible recipient; or
       (II) a department or school within the eligible recipient 
     with a competency-based degree program (in mathematics, 
     engineering, science, or a critical foreign language) that 
     includes teacher certification; and
       (iii) not less than 1 high-need local
       On page 103, line 13, insert before the semicolon the 
     following: ``or how a department or school participating in 
     the partnership with a competency-based degree program has 
     ensured, in the development of a baccalaureate degree program 
     in mathematics, science, engineering, or a critical foreign 
     language, the provision of concurrent teacher certification, 
     including providing student teaching and other clinical 
     classroom experiences''.
       On page 109, line 11, insert after ``grams'' the following: 
     ``, or full-time online master's degree programs,''.
       On page 109, line 24, insert before the semicolon the 
     following: ``, or how a department or school with a 
     competency-based degree program has ensured, in the 
     development of a master's degree program, the provision of 
     rigorous studies in mathematics, science, or a critical 
     foreign language that enhance the teachers' content knowledge 
     and teaching skills''.
       On page 111, line 16, insert after ``program'' the 
     following: ``, or a full-time online master's degree 
     program,''.
                                 ______
                                 
  SA 958. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FEASIBILITY STUDY ON FREE ONLINE COLLEGE DEGREE 
                   PROGRAM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Commerce shall enter 
     into a contract with the National Academy of Sciences to 
     conduct and complete a feasibility study on creating a 
     national, free online college degree program that would be 
     available to all individuals described under section 
     484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 
     1091(a)(5)) who wish to pursue a degree in a field of 
     strategic importance to the United States and where expertise 
     is in demand, such as mathematics, sciences, and foreign 
     languages. The study shall look at the need for a free 
     college degree program as well as the feasibility of--
       (1) developing online course content;
       (2) developing sufficiently rigorous tests to determine 
     mastery of a field of study; and
       (3) sustaining the program through private funding.
       (b) Study.--The study described in subsection (a) shall 
     also include a review of existing online education programs 
     to determine the extent to which these programs offer a 
     rigorous curriculum in areas like mathematics and science and 
     the National Academy of Sciences shall make recommendations 
     for how online degree programs can be assessed and 
     accredited.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $500,000 for 
     fiscal year 2008.
                                 ______
                                 
  SA 959. Mr. NELSON of Florida (for himself and Mr. Webb) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       At the end of division A, add the following new title:

               TITLE VI--BROADBAND REPORTING REQUIREMENTS

     SEC. 1601. BROADBAND REPORTING REQUIREMENTS.

       (a) Reporting Requirements.--
       (1) General requirements.--The Federal Communications 
     Commission shall revise FCC Form 477 reporting requirements 
     within 180 days after the date of enactment of this Act to 
     require broadband service providers to report the following 
     information:
       (A) Identification of where the provider provides broadband 
     service to customers, identified by zip code plus 4 digit 
     location (hereinafter referred to as ``service area'').
       (B) Percentage of households and businesses in each service 
     area that are offered broadband service by the provider, and 
     the percentage of such households that subscribe to each 
     service plan offered.
       (C) The average price per megabyte of download speed and 
     upload speed in each service area.
       (D) Identification by service area of the provider's 
     broadband service's--
       (i) actual average throughput; and
       (ii) contention ratio of the number of users sharing the 
     same line.
       (2) Exception.--The Federal Communications Commission shall 
     exempt a broadband service provider from the requirements in 
     paragraph (1) if the Commission determines that a provider's 
     compliance with the reporting requirements is cost 
     prohibitive, as defined by the Commission.
       (b) Demographic Information for Unserved Areas.--The 
     Federal Communications Commission, using available Census 
     Bureau data, shall provide to Congress, on an annual basis, a 
     report containing the following information for each service 
     area that is not served by any broadband service provider--
       (1) population;
       (2) population density; and
       (3) average per capita income.
                                 ______
                                 
  SA 960. Mr. LEVIN (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       On page 48, line 9, strike ``ocean'' and insert ``ocean, 
     coastal, Great Lakes,''
       On page 48, line 22, insert ``Great Lakes,'' after 
     ``coastal,''.
                                 ______
                                 
  SA 961. Mr. BROWN (for himself and Mr. Schumer) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       On page 24, between lines 19 and 20, insert the following:

     SEC. 1203. REVOLVING LOAN FUNDS FOR SMALL MANUFACTURERS.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means a Regional Center 
     for the Transfer of Manufacturing Technology described in 
     section 25 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278k).
       (2) Manufacturing extension partnership program.--The term 
     ``Manufacturing Extension Partnership program'' means the 
     program under sections 25 and 26 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278k and 278l).
       (3) Revolving loan fund.--The term ``revolving loan fund'' 
     means a revolving loan fund described in subsection (d).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (5) Small manufacturer.--The term ``small manufacturer'' 
     means a manufacturer with less than $50,000,000 in annual 
     sales.
       (b) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants to States to establish revolving loan funds.
       (2) Maximum amount.--The Secretary may not award a grant 
     under this section in an amount that exceeds $10,000,000.
       (3) Multiple grant awards.--A State may not receive more 
     than 1 grant under this section in any fiscal year.
       (c) Criteria for the Awarding of Grants.--
       (1) Matching funds.--The Secretary may not make a grant to 
     a State under this section unless the State agrees to provide 
     contributions in an amount equal to not less than 25 percent 
     of the Federal funds provided under the grant.
       (2) Administrative costs.--A State receiving a grant under 
     this section may only use such amount of the grant for the 
     costs of administering the revolving loan fund as the 
     Secretary shall provide in regulations.
       (3) Preference.--In awarding grants each year, the 
     Secretary shall give preference to States that have not 
     previously been awarded a grant under this section.
       (4) Application.--
       (A) In general.--Each State seeking a grant under this 
     section shall submit to the Secretary an application therefor 
     in such form and in such manner as the Secretary considers 
     appropriate.
       (B) Content.--Each application submitted under subparagraph 
     (A) shall contain the following:
       (i) Evidence that the applicant can establish and 
     administer a revolving loan fund.
       (ii) The applicant's need for a grant under this section.
       (iii) The impact that receipt of a grant under this section 
     would have on the applicant.
       (d) Revolving Loan Funds.--
       (1) In general.--A State receiving a grant under this 
     section shall establish, maintain, and administer a revolving 
     loan fund in accordance with this subsection.
       (2) Deposits.--A revolving loan fund shall consist of the 
     following:
       (A) Amounts from grants awarded under this section.

[[Page 9866]]

       (B) All amounts held or received by the State incident to 
     the provision of loans described in subsection (e), including 
     all collections of principal and interest.
       (3) Expenditures.--Amounts in the revolving loan fund shall 
     be available for the provision and administration of loans in 
     accordance with subsection (e).
       (4) Administration.--A State may enter into an agreement 
     with a Center to administer a revolving loan fund.
       (e) Loans.--
       (1) In general.--A State receiving a grant under this 
     section shall use the amount in the revolving loan fund to 
     make the following loans:
       (A) Stage-1 loans.--A stage-1 loan means a loan made to a 
     small manufacturer in an amount not to exceed $50,000, for 
     new product development to conduct the following:
       (i) Patent research.
       (ii) Market research.
       (iii) Technical feasibility testing.
       (iv) Competitive analysis.
       (B) Stage-2 loans.--A stage-2 loan means a loan made to a 
     small manufacturer in an amount not to exceed $100,000 to 
     develop a prototype of and test a new product.
       (2) Loan terms and conditions.--The following shall apply 
     with respect to loans provided under paragraph (1):
       (A) Duration.--Except as provided in subparagraph (B), 
     loans shall be for a period not to exceed 10 years.
       (B) Prepayment.--A recipient of a loan may prepay such loan 
     at any time without penalty.
       (C) Interest rate.--Loans shall bear interest at a rate of 
     3.5 percent annually.
       (D) Accrual of interest.--Loans shall accrue interest 
     during the entire duration of the loan.
       (E) Payment of interest.--A State may not require a 
     recipient of a loan to make interest payments on such loan 
     during the first 3 years of such loan.
       (F) Collateral.--No collateral or personal guaranty shall 
     be required for receipt of a loan.
       (G) Secured interest in intellectual property.--Each loan 
     shall be secured by an interest in any intellectual property 
     developed by the recipient of such loan through the use of 
     amounts from such loan.
       (H) Development of business plans and budgets.--Each 
     recipient of a loan shall develop, in cooperation with a 
     Center, a business plan and a budget for the use of loan 
     amounts.
       (I) Preference for loan applicants that participate in the 
     manufacturing extension partnership program.--In selecting 
     small manufacturers to receive a loan, a recipient of a grant 
     under this section shall give preference to small 
     manufacturers that are participants in the Manufacturing 
     Extension Partnership program.
       (J) Location of product development.--Each recipient of a 
     loan shall commit to developing and manufacturing the product 
     for which a loan is sought in the State that provides the 
     loan for the duration of the loan if such product is 
     developed during such duration.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the 
     provisions of this section, $52,000,000 for each of the 
     fiscal years 2008 through 2014, of which--
       (1) $50,000,000 shall be for providing grants under this 
     section; and
       (2) $2,000,000 shall be for the costs of administering 
     grants awarded under this section.
                                 ______
                                 
  SA 962. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                     DIVISION E--GENERAL PROVISIONS

     SEC. 5001. REQUIREMENTS FOR RECEIPT OF FEDERAL ASSISTANCE BY 
                   CERTAIN LARGE BUSINESS ENTITIES.

       (a) Information Required.--Each Federal department or 
     agency that provides grants, loans, or loan guarantees to 
     certain large business entities after the date of the 
     enactment of this Act shall require that, as a condition of 
     that grant, loan, or loan guarantee, the business entity 
     shall provide to the department or agency on an annual basis 
     for the duration of the grant, loan, or loan guarantee the 
     following information:
       (1) The number of individuals employed by the business 
     entity in the United States.
       (2) The number of individuals employed by the business 
     entity outside the United States.
       (3) A description of the wages and benefits being provided 
     to the employees of the business entity in the United States.
       (4) A description of the wages and benefits being provided 
     to the employees of the business entity outside the United 
     States.
       (b) Certification Regarding Layoffs.--In addition to the 
     information required under subsection (a), beginning on the 
     date that is 1 year after the date on which a Federal 
     department or agency provides a grant, loan, or loan 
     guarantee to a large business entity, the department or 
     agency shall require the business entity to provide to the 
     department or agency on an annual basis for the duration of 
     the grant, loan, or loan guarantee a written certification 
     that contains the following information:
       (1) The percentage of the workforce of the business entity 
     employed in the United States that has been laid off or 
     induced to resign from the business entity during the 12-
     month period preceding the submission of the certification.
       (2) The percentage of the total workforce of the business 
     entity that has been laid off or induced to resign from the 
     business entity during the 12-month period preceding the 
     submission of the certification.
       (c) Prohibition on Federal Assistance to Certain Large 
     Business Entities That Lay Off a Greater Percentage of 
     Workers in the United States Than in Other Countries.--
     Notwithstanding any other provision of law, if, in the 
     written certification provided to a Federal department or 
     agency by a large business entity under subsection (b), the 
     percentage described in paragraph (1) of subsection (b) is 
     greater than the percentage described in paragraph (2) of 
     subsection (b), the business entity shall be ineligible for 
     further assistance from the department or agency. The 
     business entity shall also be ineligible for assistance from 
     any other Federal department or agency, unless and until the 
     business entity provides to the department or agency a 
     written certification that the number of employees of the 
     business entity in the United States is in the same 
     proportion to the number of the employees of the business 
     entity worldwide, as that number was, on the later of--
       (1) the date the business entity last made a certification 
     under subsection (b), concerning the same financial 
     assistance, that did not cause the business entity to become 
     ineligible under this subsection for further financial 
     assistance; or
       (2) the date on which the business entity received the 
     financial assistance for which this certification is being 
     made.
       (d) Definitions.--In this section:
       (1) Business entity; large business entity.--The terms 
     ``business entity'' and ``large business entity'' mean a 
     corporation, partnership, or any other business entity that 
     employs 1,000 or more employees, including the subsidiaries, 
     parent companies, and affiliated businesses of the entity.
       (2) United states.--The term ``United States'' includes the 
     territories of the United States.
                                 ______
                                 
  SA 963. Mr. DURBIN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 761, to invest 
in innovation and education to improve the competitiveness of the 
United States in the global economy; which was ordered to lie on the 
table; as follows:

       On page 3, after line 5, add the following:

        Subtitle _--H-1B and L-1 Visa Fraud and Abuse Prevention

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``H-1B and L-1 Visa Fraud 
     and Abuse Prevention Act of 2007''.

     SEC. __2. H-1B EMPLOYER REQUIREMENTS.

       (a) Application of Nondisplacement and Good Faith 
     Recruitment Requirements to All H-1B Employers.--
       (1) Amendments.--Section 212(n) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E);

       (I) in clause (i), by striking ``(E)(i) In the case of an 
     application described in clause (ii), the'' and inserting 
     ``(E) The''; and
       (II) by striking clause (ii);

       (ii) in subparagraph (F), by striking ``In the case of'' 
     and all that follows through ``where--'' and inserting the 
     following: ``The employer will not place the nonimmigrant 
     with another employer if--''; and
       (iii) in subparagraph (G), by striking ``In the case of an 
     application described in subparagraph (E)(ii), subject'' and 
     inserting ``Subject'';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by striking ``If an H-1B-dependent 
     employer'' and inserting ``If an employer that employs H-1B 
     nonimmigrants''; and
       (ii) in subparagraph (F), by striking ``The preceding 
     sentence shall apply to an employer regardless of whether or 
     not the employer is an H-1B-dependent employer.''; and
       (C) by striking paragraph (3).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (b) Nondisplacement Requirement.--
       (1) Extending time period for nondisplacement.--Section 
     212(n) of such Act, as amended by subsection (a), is further 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking ``90 days'' each place 
     it appears and inserting ``180 days'';
       (ii) in subparagraph (F)(ii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''; and
       (B) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''.

[[Page 9867]]

       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (c) Public Listing of Available Positions.--
       (1) Listing of available positions.--Section 212(n)(1)(C) 
     of such Act is amended--
       (A) in clause (i), by striking ``(i) has provided'' and 
     inserting the following:
       ``(ii)(I) has provided'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by inserting before clause (ii), as redesignated, the 
     following:
       ``(i) has advertised the job availability on the list 
     described in paragraph (6), for at least 30 calendar days; 
     and''.
       (2) List maintained by the department of labor.--Section 
     212(n) of such Act, as amended by this section, is further 
     amended by adding at the end the following:
       ``(6)(A) Not later than 90 days after the date of the 
     enactment of this paragraph, the Secretary of Labor shall 
     establish a list of available jobs, which shall be publicly 
     accessible without charge--
       ``(i) on a website maintained by the Department of Labor, 
     which website shall be searchable by--
       ``(I) the name, city, State, and zip code of the employer;
       ``(II) the date on which the job is expected to begin;
       ``(III) the title and description of the job; and
       ``(IV) the State and city (or county) at which the work 
     will be performed; and
       ``(ii) at each 1-stop center created under the Workforce 
     Investment Act of 1998 (Public Law 105-220).
       ``(B) Each available job advertised on the list shall 
     include--
       ``(i) the employer's full legal name;
       ``(ii) the address of the employer's principal place of 
     business;
       ``(iii) the employer's State, city, and zip code;
       ``(iv) the employer's Federal Employer Identification 
     Number;
       ``(v) the phone number, including area code and extension, 
     as appropriate, of the hiring official or other designated 
     official of the employer;
       ``(vi) the e-mail address, if available, of the hiring 
     official or other designated official of the employer;
       ``(vii) the wage rate to be paid for the position and, if 
     the wage rate in the offer is expressed as a range, the 
     bottom of the wage range;
       ``(viii) whether the rate of pay is expressed on an annual, 
     monthly, biweekly, weekly, or hourly basis;
       ``(ix) a statement of the expected hours per week that the 
     job will require;
       ``(x) the date on which the job is expected to begin;
       ``(xi) the date on which the job is expected to end, if 
     applicable;
       ``(xii) the number of persons expected to be employed for 
     the job;
       ``(xiii) the job title;
       ``(xiv) the job description;
       ``(xv) the city and State of the physical location at which 
     the work will be performed; and
       ``(xvi) a description of a process by which a United States 
     worker may submit an application to be considered for the 
     job.
       ``(C) The Secretary of Labor may charge a nominal filing 
     fee to employers who advertise available jobs on the list 
     established under this paragraph to cover expenses for 
     establishing and administering the requirements under this 
     paragraph.
       ``(D) The Secretary may promulgate rules, after notice and 
     a period for comment--
       ``(i) to carry out the requirements of this paragraph; and
       ``(ii) that require employers to provide other information 
     in order to advertise available jobs on the list.''.
       (3) Effective date.--The amendments made by paragraph (1)--
       (A) shall take effect on the date that is 30 days after the 
     creation of the list described in section 212(n)(6) of the 
     Immigration and Nationality Act, as added by paragraph (2); 
     and
       (B) shall apply to all applications filed on or after such 
     date.
       (d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of 
     such Act, as amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       ``(H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       ``(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       ``(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.''; and
       (2) in the undesignated paragraph at the end, by striking 
     ``The employer'' and inserting the following:
       ``(K) The employer''.
       (e) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) of such Act, as amended by 
     this section, is further amended--
       (A) in paragraph (1), by amending subparagraph (F) to read 
     as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an alien admitted or 
     provided status as an H-1B nonimmigrant with another 
     employer;'' and
       (B) in paragraph (2), by striking subparagraph (E).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (f) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (d)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.''.
       (g) Wage Determination.--
       (1) Change in minimum wages.--Section 212(n)(1) of such 
     Act, as amended by this section, is further amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) The employer--
       ``(i) is offering and will offer, during the period of 
     authorized employment, to aliens admitted or provided status 
     as an H-1B nonimmigrant, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(I) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(II) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(III) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(ii) will provide working conditions for such a 
     nonimmigrant that will not adversely affect the working 
     conditions of workers similarly employed.''; and
       (B) in subparagraph (D), by inserting ``the wage 
     determination methodology used under subparagraph (A)(i),'' 
     after ``shall contain''.
       (2) Provision of w-2 forms.--Section 212(n)(1) of such Act 
     is amended by inserting after subparagraph (I), as added by 
     subsection (f), the following:
       ``(J) If the employer, in such previous period as the 
     Secretary shall specify, employed 1 or more H-1B 
     nonimmigrants, the employer shall submit to the Secretary the 
     Internal Revenue Service Form W-2 Wage and Tax Statement 
     filed by the employer with respect to such nonimmigrants for 
     such period.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (h) Immigration Documents.--Section 204 of such Act (8 
     U.S.C. 1154) is amended by adding at the end the following:
       ``(l) Employer To Share All Immigration Paperwork Exchanged 
     With Federal Agencies.--Not later than 10 working days after 
     receiving a written request from a former, current, or future 
     employee or beneficiary, an employer shall provide the 
     employee or beneficiary with the original (or a certified 
     copy of the original) of all petitions, notices, and other 
     written communication exchanged between the employer and the 
     Department of Labor, the Department of Homeland Security, or 
     any other Federal agency that is related to an immigrant or 
     nonimmigrant petition filed by the employer for the employee 
     or beneficiary.''.

     SEC. __3. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K) of the 
     Immigration and Nationality Act, as redesignated by section 
     __2(d)(2), is amended--
       (1) by inserting ``and through the website of the 
     Department of Labor, without charge.'' after ``D.C.'';
       (2) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';
       (3) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (4) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (5) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2).
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) of such Act is amended--
       (1) in subparagraph (A)--
       (A) by striking ``12 months'' and inserting ``24 months''; 
     and

[[Page 9868]]

       (B) by striking ``The Secretary shall conduct'' and all 
     that follows and inserting ``Upon the receipt of such a 
     complaint, the Secretary may initiate an investigation to 
     determine if such a failure or misrepresentation has 
     occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``a condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';
       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.'';
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2) of such 
     Act, as amended by this section, is further amended by 
     inserting after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year. The Secretary shall conduct annual 
     compliance audits of each employer with more than 100 
     employees who work in the United States if more than 15 
     percent of such employees are H-1B nonimmigrants.''.
       (e) Penalties.--Section 212(n)(2)(C) of such Act, as 
     amended by this section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n) of such Act, as amended by this 
     section, is further amended by inserting after paragraph (2) 
     the following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.''.

     SEC. __4. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (H), if an 
     alien spouse admitted under section 101(a)(15)(L)''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     up to 12 months only if the employer operating the new 
     facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     preceding 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the preceding 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii), and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a petition subsequently filed 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Restriction on Blanket Petitions.--Section 214(c)(2)(A) 
     of such Act is amended to read as follows:
       ``(2)(A) The Secretary of Homeland Security may not permit 
     the use of blanket petitions to import aliens as 
     nonimmigrants described in section 101(a)(15)(L).''.
       (c) Prohibition on Outplacement.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:

[[Page 9869]]

       ``(H) An employer who imports 1 or more aliens as 
     nonimmigrants described in section 101(a)(15)(L) shall not 
     place, outsource, lease, or otherwise contract for the 
     placement of an alien admitted or provided status as an L-1 
     nonimmigrant with another employer.''.
       (d) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) of such Act, as amended by this section, is 
     further amended by adding at the end the following:
       ``(I)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5, United 
     States Code.
       ``(iii) The Secretary of Homeland Security shall establish 
     a procedure for any person desiring to provide the Secretary 
     with information described in clause (ii) that may be used, 
     in whole or in part, as the basis for the commencement of an 
     investigation described in such clause, to provide the 
     information in writing on a form developed and provided by 
     the Secretary and completed by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to conduct 
     such investigation. The notice shall be provided in such a 
     manner, and shall contain sufficient detail, to permit the 
     employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that employ H-1B 
     nonimmigrants. The Secretary shall conduct annual compliance 
     audits of not less than 1 percent of the employers that 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year. The Secretary shall 
     conduct annual compliance audits of each employer with more 
     than 100 employees who work in the United States if more than 
     15 percent of such employees are nonimmigrants described in 
     section 101(a)(15)(L).''.
       (2) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (e) Penalties.--Section 214(c)(2) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following:
       ``(J)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.
       (f) Wage Determination.--
       (1) Change in minimum wages.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(aa) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(bb) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(cc) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(II) provide working conditions for such nonimmigrant 
     that will not adversely affect the working conditions of 
     workers similarly employed.
       ``(ii) If an employer, in such previous period specified by 
     the Secretary of Homeland Security, employed 1 or more L-1 
     nonimmigrants, the employer shall provide to the Secretary of 
     Homeland Security the Internal Revenue Service Form W-2 Wage 
     and Tax Statement filed by the employer with respect to such 
     nonimmigrants for such period.
       ``(iii) It is a failure to meet a condition under this 
     subparagraph for an employer, who has filed a petition to 
     import 1 or more aliens as nonimmigrants described in section 
     101(a)(15)(L), to--
       ``(I) require such a nonimmigrant to pay a penalty for 
     ceasing employment with the employer before a date mutually 
     agreed to by the nonimmigrant and the employer; or
       ``(II) fail to offer to such a nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--
       ``(aa) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(bb) the opportunity to participate in retirement and 
     savings plans; and
       ``(cc) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance).
       ``(iv) The Secretary of Homeland Security shall determine 
     whether a required payment under clause (iii)(I) is a penalty 
     (and not liquidated damages) pursuant to relevant State 
     law.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.

     SEC. __5. WHISTLEBLOWER PROTECTIONS.

       (a) H-1B Whistleblower Protections.--Section 
     212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(2)(C)(iv)) is amended--
       (1) by inserting ``take, fail to take, or threaten to take 
     or fail to take, a personnel action, or'' before ``to 
     intimidate''; and
       (2) by adding at the end the following: ``An employer that 
     violates this clause shall be liable to the employees harmed 
     by such violation for lost wages and benefits.''.
       (b) L-1 Whistleblower Protections.--Section 214(c)(2) of 
     such Act, as amended by section __4, is further amended by 
     adding at the end the following:
       ``(L)(i) It is a violation of this subparagraph for an 
     employer who has filed a petition to import 1 or more aliens 
     as nonimmigrants described in section 101(a)(15)(L) to take, 
     fail to take, or threaten to take or fail to take, a 
     personnel action, or to intimidate, threaten, restrain, 
     coerce, blacklist,

[[Page 9870]]

     discharge, or discriminate in any other manner against an 
     employee because the employee--
       ``(I) has disclosed information that the employee 
     reasonably believes evidences a violation of this subsection, 
     or any rule or regulation pertaining to this subsection; or
       ``(II) cooperates or seeks to cooperate with the 
     requirements of this subsection, or any rule or regulation 
     pertaining to this subsection.
       ``(ii) An employer that violates this subparagraph shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.
       ``(iii) In this subparagraph, the term `employee' 
     includes--
       ``(I) a current employee;
       ``(II) a former employee; and
       ``(III) an applicant for employment.''.

     SEC. __6. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

       (a) In General.--The Secretary of Labor is authorized to 
     hire 200 additional employees to administer, oversee, 
     investigate, and enforce programs involving H-1B nonimmigrant 
     workers.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 964. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie ont he table; as follows:

       On page 36, between lines 14 and 15, insert the following:
       (c) Development of Science Parks.--
       (1) Finding.--Section 2 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3701) is amended by adding 
     at the end the following:
       ``(12) It is in the best interests of the Nation to 
     encourage the formation of science parks to promote the 
     clustering of innovation through high technology 
     activities.''.
       (2) Definition.--Section 4 of such Act (15 U.S.C. 3703) is 
     amended by adding at the end the following:
       ``(14) `Business or industrial park' means a primarily for-
     profit real estate venture of businesses or industries which 
     do not necessarily reinforce each other through supply chain 
     or technology transfer mechanisms.
       ``(15) `Science park'--
       ``(A) means a group of interrelated companies and 
     institutions, including suppliers, service providers, 
     institutions of higher education, start-up incubators, and 
     trade associations that--
       ``(i) cooperate and compete with each other;
       ``(ii) are located in a specific area whose administration 
     promotes real estate development, technology transfer, and 
     partnerships between such companies and institutions; and
       ``(B) does not mean a business or industrial park.
       ``(16) `Science park infrastructure' means facilities that 
     support the daily economic activity of a science park.''.
       (3) Science parks.--The Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 24. SCIENCE PARKS.

       ``(a) Development of Plans for Construction of Science 
     Parks.--
       ``(1) In general.--The Secretary shall award grants for the 
     development of feasibility studies and plans for the 
     construction of new or expansion of existing science parks.
       ``(2) Limitation on amount of grants.--The amount of a 
     grant awarded under this subsection may not exceed $750,000.
       ``(3) Award.--
       ``(A) Competition required.--The Secretary shall award any 
     grant under this subsection pursuant to a full and open 
     competition.
       ``(B) Advertising.--The Secretary shall advertise any 
     competition under this paragraph in the Commerce Business 
     Daily.
       ``(C) Selection criteria.--The Secretary shall publish the 
     criteria to be utilized in any competition under this 
     paragraph for the selection of recipients of grants under 
     this subsection, which shall include requirements relating 
     to--
       ``(i) the number of jobs to be created at the science park 
     each year during its first 5 years;
       ``(ii) the funding to be required to construct or expand 
     the science park during its first 5 years;
       ``(iii) the amount and type of cost matching by the 
     applicant;
       ``(iv) the types of businesses and research entities 
     expected in the science park and surrounding community;
       ``(v) letters of intent by businesses and research entities 
     to locate in the science park;
       ``(vi) the expansion capacity of the science park during a 
     25-year period;
       ``(vii) the quality of life at the science park for 
     employees at the science park;
       ``(viii) the capability to attract a well trained workforce 
     to the science park;
       ``(ix) the management of the science park;
       ``(x) expected risks in the construction and operation of 
     the science park;
       ``(xi) risk mitigation;
       ``(xii) transportation and logistics;
       ``(xiii) physical infrastructure, including 
     telecommunications; and
       ``(xiv) ability to collaborate with other science parks 
     throughout the world.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated $7,500,000 for each of the 
     fiscal years 2008 through 2012 to carry out this subsection.
       ``(b) Loan Guarantees for Science Park Infrastructure.--
       ``(1) In general.--The Secretary may guarantee up to 80 
     percent of the loan amount for loans exceeding $10,000,000 
     for projects for the construction of science park 
     infrastructure.
       ``(2) Limitations on guarantee amounts.--The maximum amount 
     of loan principal guaranteed under this subsection may not 
     exceed--
       ``(A) $50,000,000 with respect to any single project; and
       ``(B) $500,000,000 with respect to all projects.
       ``(3) Selection of guarantee recipients.--The Secretary 
     shall select recipients of loan guarantees under this 
     subsection based upon the ability of the recipient to 
     collateralize the loan amount through bonds, equity, 
     property, and other such criteria as the Secretary shall 
     prescribe. Entities receiving a grant under subsection (a) 
     are not eligible for a loan guarantee during the period of 
     such grant.
       ``(4) Terms and conditions for loan guarantees.--The loans 
     guaranteed under this subsection shall be subject to such 
     terms and conditions as the Secretary may prescribe, except 
     that--
       ``(A) the final maturity of such loans made or guaranteed 
     may not exceed the lesser of--
       ``(i) 30 years and 32 days; or
       ``(ii) 90 percent of the useful life of any physical asset 
     to be financed by such loan;
       ``(B) a loan made or guaranteed under this subsection may 
     not be subordinated to another debt contracted by the 
     borrower or to any other claims against the borrowers in the 
     case of default;
       ``(C) a loan may not be guaranteed under this subsection 
     unless the Secretary determines that the lender is 
     responsible and that adequate provision is made for servicing 
     the loan on reasonable terms and protecting the financial 
     interest of the United States;
       ``(D) a loan may not be guaranteed under this subsection 
     if--
       ``(i) the income from such loan is excluded from gross 
     income for purposes of chapter 1 of the Internal Revenue Code 
     of 1986; or
       ``(ii) the guarantee provides significant collateral or 
     security, as determined by the Secretary, for other 
     obligations the income from which is so excluded;
       ``(E) any guarantee provided under this subsection shall be 
     conclusive evidence that--
       ``(i) the guarantee has been properly obtained;
       ``(ii) the underlying loan qualified for such guarantee; 
     and
       ``(iii) absent fraud or material misrepresentation by the 
     holder, the guarantee is presumed to be valid, legal, and 
     enforceable;
       ``(F) the Secretary shall prescribe explicit standards for 
     use in periodically assessing the credit risk of new and 
     existing direct loans or guaranteed loans;
       ``(G) the Secretary may not extend credit assistance unless 
     the Secretary has determined that there is a reasonable 
     assurance of repayment; and
       ``(H) new loan guarantees may not be committed except to 
     the extent that appropriations of budget authority to cover 
     their costs are made in advance, as required under section 
     504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
       ``(5) Payment of losses.--
       ``(A) In general.--If, as a result of a default by a 
     borrower under a loan guaranteed under this subsection, after 
     the holder has made such further collection efforts and 
     instituted such enforcement proceedings as the Secretary may 
     require, the Secretary determines that the holder has 
     suffered a loss, the Secretary shall pay to such holder the 
     percentage of such loss specified in the guarantee contract. 
     Upon making any such payment, the Secretary shall be 
     subrogated to all the rights of the recipient of the payment. 
     The Secretary shall be entitled to recover from the borrower 
     the amount of any payments made pursuant to any guarantee 
     entered into under this section.
       ``(B) Enforcement of rights.--The Attorney General shall 
     take such action as may be appropriate to enforce any right 
     accruing to the United States as a result of the issuance of 
     any guarantee under this section.
       ``(C) Forbearance.--Nothing in this section may be 
     construed to preclude any forbearance for the benefit of the 
     borrower which may be agreed upon by the parties to the 
     guaranteed loan and approved by the Secretary, if budget 
     authority for any resulting subsidy costs (as defined under 
     the Federal Credit Reform Act of 1990) is available.
       ``(D) Management of property.--Notwithstanding any other 
     provision of law relating to the acquisition, handling, or 
     disposal of property by the United States, the Secretary may 
     complete, recondition, reconstruct, renovate, repair, 
     maintain, operate, or sell any

[[Page 9871]]

     property acquired by the Secretary pursuant to the provisions 
     of this section.
       ``(6) Review.--The Comptroller General of the United States 
     shall, not later than 2 years after the date of the enactment 
     of this section--
       ``(A) conduct a review of the subsidy estimates for the 
     loan guarantees under this subsection; and
       ``(B) submit to Congress a report on the review conducted 
     under this paragraph.
       ``(7) Termination.--A loan may not be guaranteed under this 
     subsection after September 30, 2012.
       ``(8) Authorization of appropriations.--There are 
     authorized to be appropriated--
       ``(A) $35,000,000 for the cost, as defined in section 
     502(5) of the Federal Credit Reform Act of 1990, of 
     guaranteeing $500,000,000 of loans under this subsection; and
       ``(B) $6,000,000 for administrative expenses for fiscal 
     year 2008, and such sums as necessary for administrative 
     expenses in subsequent years.
       ``(c) National Academy of Sciences Evaluation.--
       ``(1) In general.--The Secretary shall enter into an 
     agreement with the National Academy of Sciences under which 
     the Academy shall evaluate, every 3 years, the activities 
     under this section.
       ``(2) Tri-annual report.--Under the agreement entered into 
     under paragraph (1), the Academy shall submit to the 
     Secretary a report on its evaluation of science park 
     development under that paragraph. Each report may include 
     such recommendations as the Academy considers appropriate for 
     additional activities to promote and facilitate the 
     development of science parks in the United States.
       ``(d) Tri-Annual Report.--Not later than March 31 of every 
     third year, the Secretary shall submit to Congress a report 
     on the activities under this section during the preceding 3 
     years, including any recommendations made by the National 
     Academy of Sciences under subsection (c)(2) during such 
     period. Each report may include such recommendations for 
     legislative or administrative action as the Secretary 
     considers appropriate to further promote and facilitate the 
     development of science parks in the United States.
       ``(e) Rulemaking.--Not later than 1 year after the date of 
     the enactment of this section, the Secretary shall prescribe 
     regulations to carry out this section in accordance with with 
     Office of Management and Budget Circular A-129, `Policies for 
     Federal Credit Programs and Non-Tax Receivables'.''.

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