[Senate Report 109-249]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 411
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-249

======================================================================



 
    PROTECTING AMERICA'S COMPETITIVE EDGE THROUGH ENERGY ACT OF 2006

                                _______
                                

                 April 24, 2006.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2197]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2197) to improve the global 
competitiveness of the United States in science and energy 
technology, to strengthen basic research programs at the 
Department of Energy, and to provide support for mathematics 
and science education at all levels through the resources 
available through the Department of Energy, including at the 
National Laboratories, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Protecting America's Competitive Edge 
Through Energy Act of 2006'' or the ``PACE-Energy Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Department.--The term ``Department'' means the Department 
        of Energy.
          (2) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
          (3) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy, acting through the Under Secretary for Science 
        appointed under section 202(b) of the Department of Energy 
        Organization Act (42 U.S.C. 7132(b)).

SEC. 3. MATHEMATICS, SCIENCE, AND ENGINEERING EDUCATION AT THE 
                    DEPARTMENT OF ENERGY.

  (a) Science Education Programs.--Section 3164 of the Department of 
Energy Science Education Enhancement Act (42 U.S.C. 7381a) is amended--
          (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively;
          (2) by inserting after subsection (a) the following:
  ``(b) Organization of Mathematics, Science, and Engineering Education 
Programs.--
          ``(1) Director of mathematics, science and engineering 
        education.--The Secretary, acting through the Under Secretary 
        for Science (referred to in this subsection as the `Under 
        Secretary'), shall appoint a Director of Mathematics, Science, 
        and Engineering Education (referred to in this subsection as 
        the `Director') with the principal responsibility for 
        administering mathematics, science, and engineering education 
        programs of the Department.
          ``(2) Qualifications.--The Director shall be an individual, 
        who by reason of professional background and experience, is 
        specially qualified to advise the Under Secretary on all 
        matters pertaining to mathematics, science, and engineering 
        education at the Department.
          ``(3) Duties.--The Director shall--
                  ``(A) oversee all mathematics, science, and 
                engineering education programs of the Department;
                  ``(B) represent the Department as the principal 
                interagency liaison for all mathematics, science, and 
                engineering education programs, unless otherwise 
                represented by the Secretary or the Under Secretary;
                  ``(C) prepare the annual budget and advise the Under 
                Secretary on all budgetary issues for mathematics, 
                science, and engineering education programs of the 
                Department;
                  ``(D) increase, to the maximum extent practicable, 
                the participation and advancement of women and 
                underrepresented minorities at every level of science, 
                technology, engineering, and mathematics education; and
                  ``(E) perform other such matters related to 
                mathematics, science, and engineering education as are 
                required by the Secretary or the Under Secretary.
          ``(4) Staff and other resources.--The Secretary shall assign 
        to the Director such personnel and other resources as the 
        Secretary considers necessary to permit the Director to carry 
        out the duties of the Director.
          ``(5) Assessment.--The Secretary shall offer to enter into a 
        contract with the National Academy of Sciences under which the 
        National Academy, not later than 5 years after, and not later 
        than 10 years after, the date of enactment of this paragraph, 
        shall assess the performance of the mathematics, science, and 
        engineering education programs of the Department.
          ``(6) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection.''; and
          (3) by striking subsection (d) (as redesignated by paragraph 
        (1)) and inserting the following:
  ``(d) Mathematics, Science, and Engineering Education Fund.--The 
Secretary shall establish a Mathematics, Science, and Engineering 
Education Fund, using not less than 0.3 percent of the amount made 
available to the Department for research, development, demonstration, 
and commercial application for each fiscal year, to carry out sections 
3165, 3166, and 3167.''.
  (b) Definition.--Section 3168 of the Department of Energy Science 
Education Enhancement Act (42 U.S.C. 7381d) is amended by adding at the 
end the following:
          ``(5) National laboratory.--The term `National Laboratory' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).''.
  (c) Mathematics, Science, and Engineering Education Programs.--The 
Department of Energy Science Education Enhancement Act (42 U.S.C. 7381 
et seq.) is amended--
          (1) by inserting after section 3162 the following:

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

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

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

``SEC. 3170. DEFINITIONS.

  ``In this subpart:
          ``(1) Director.--The term `Director' means the Director of 
        Mathematics, Science, and Engineering Education.
          ``(2) National laboratory.--The term `National Laboratory' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).

   ``CHAPTER 1--ASSISTANCE FOR SPECIALTY SCHOOLS FOR MATHEMATICS AND 
                                SCIENCE

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

  ``(a) In General.--Consistent with sections 3165 and 3166, the 
Director shall make available necessary funds for a program using 
scientific and engineering staff of the National Laboratories, in which 
the staff--
          ``(1) assists teaching courses at statewide specialty 
        secondary schools that provide comprehensive mathematics and 
        science (including engineering) education; and
          ``(2) uses National Laboratory scientific equipment in the 
        teaching of the courses.
  ``(b) Report to Congress.--Not later than 2 years after the date of 
enactment of the Protecting America's Competitive Edge Through Energy 
Act of 2006, the Director shall submit a report to the appropriate 
committees of Congress detailing the impact of the activities assisted 
with funds made available under this section.

         ``CHAPTER 2--EXPERIENTIAL-BASED LEARNING OPPORTUNITIES

``SEC. 3175. EXPERIENTIAL-BASED LEARNING OPPORTUNITIES.

  ``(a) Internships Authorized.--From the amounts authorized under 
subsection (e), the Secretary, acting through the Director, shall 
establish a summer internship program for middle school and secondary 
school students that shall--
          ``(1) provide the students with internships at the National 
        Laboratories; and
          ``(2) promote experiential, hands-on learning in mathematics 
        or science.
  ``(b) Eligibility Criteria.--The Director shall establish criteria to 
determine the sufficient level of academic preparedness necessary for a 
student to be eligible for an internship under this section.
  ``(c) Priority.--
          ``(1) In general.--The Director shall give priority for an 
        internship under this section to a student who meets the 
        eligibility criteria described in subsection (b) and who 
        attends a school--
                  ``(A)(i) in which not less than 30 percent of the 
                children enrolled in the school are from low-income 
                families; or
                  ``(ii) that is designated with a school locale code 
                of 7 or 8 or otherwise designated as a rural school, as 
                determined by the Secretary of Education; and
                  ``(B) for which there is--
                          ``(i) a high percentage of teachers who are 
                        not teaching in the academic subject areas or 
                        grade levels in which the teachers were trained 
                        to teach;
                          ``(ii) a high teacher turnover rate; or
                          ``(iii) a high percentage of teachers with 
                        emergency, provisional, or temporary 
                        certification or licenses.
          ``(2) Coordination.--The Director shall consult with the 
        Secretary of Education in order to determine whether a student 
        meets the priority requirements of this subsection.
  ``(d) Outreach and Experiential-Based Programs for Minority 
Students.--
          ``(1) In general.--The Secretary, acting through the 
        Director, in cooperation with Hispanic-serving institutions, 
        historically Black colleges and universities, tribal colleges, 
        and other minority-serving institutions and nonprofit entities 
        with substantial experience relating to outreach and 
        experiential-based learning projects, shall establish outreach 
        and experiential-based learning programs that will encourage 
        underrepresented minority students in kindergarten through 
        grade 12 to pursue careers in math, science, and engineering.
          ``(2) Community involvement.--The Secretary shall ensure that 
        the programs established under paragraph (1) involve, to the 
        maximum extent practicable--
                  ``(A) participation by parents and educators; and
                  ``(B) the establishment of partnerships with business 
                organizations and appropriate Federal, State, and local 
                agencies.
          ``(3) Distribution.--The Secretary shall ensure that the 
        programs established under paragraph (1) are located in various 
        geographic regions of the United States, to the maximum extent 
        practicable.
  ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of the 
fiscal years 2007 through 2013.

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

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

  ``(a) In General.--The Secretary shall establish at each of the 
National Laboratories a program to support a Center of Excellence in 
Mathematics and Science at 1 public secondary school located in the 
region of the National Laboratory to provide assistance in accordance 
with subsection (c).
  ``(b) Goals.--The Secretary shall establish goals and performance 
assessments for each Center of Excellence authorized under subsection 
(a).
  ``(c) Assistance.--Consistent with sections 3165 and 3166, the 
Director shall make available necessary funds for a program using 
scientific and engineering staff of the National Laboratories, during 
which the staff--
          ``(1) assists teaching courses at the Centers of Excellence 
        in Mathematics and Science; and
          ``(2) uses National Laboratory scientific equipment in the 
        teaching of the courses.
  ``(d) Evaluation.--The Secretary shall consider the results of the 
performance assessments required under subsection (b) in any 
performance review of a National Laboratories management and operations 
contractor.

                     ``CHAPTER 4--SUMMER INSTITUTES

``SEC. 3185. SUMMER INSTITUTES.

  ``(a) Definition of Summer Institute.--In this section, the term 
`summer institute' means an institute at a National Laboratory, 
conducted during the summer, that--
          ``(1) is conducted for a period of not less than 2 weeks;
          ``(2) includes, as a component, a program that provides 
        direct interaction between students and faculty; and
          ``(3) provides for follow-up training during the academic 
        year.
  ``(b) Summer Institute Programs Authorized.--The Secretary, acting 
through the Director, shall establish or expand program of summer 
institutes at each of the National Laboratories to provide additional 
training to strengthen the mathematics and science teaching skills of 
teachers employed at public schools in kindergarten through grade 12 
education, with a particular focus on teachers of kindergarten through 
grade 8.

              ``CHAPTER 5--DISTINGUISHED SCIENTIST PROGRAM

``SEC. 3191. DISTINGUISHED SCIENTIST PROGRAM.

  ``(a) Purpose.--The purpose of this section is to promote scientific 
and academic excellence at National Laboratories.
  ``(b) Establishment.--The Secretary, acting through the Director and 
in consultation with the Director of the Office of Science, shall 
establish a program to support the appointment of distinguished 
scientists by National Laboratories.
  ``(c) Qualifications.--Successful candidates under this section shall 
be persons who, by reason of professional background and experience, 
are able to bring international recognition to the appointing National 
Laboratory in their field of scientific endeavor.
  ``(d) Selection.--A distinguished scientist appointed under this 
section shall be selected through an open peer review process.
  ``(e) Appointment.--An appointment by a National Laboratory under 
this section shall be at the rank of the highest grade of distinguished 
scientist or technical staff of the National Laboratory.
  ``(f) Duration.--An appointment under this section shall be for 6 
years, consisting of 2 3-year funding allotments.
  ``(g) Use of Funds.--Funds made available under this section may be 
used for--
          ``(1) the salary of the distinguished scientist and support 
        staff;
          ``(2) undergraduate, graduate, and post-doctoral 
        appointments;
          ``(3) research-related equipment;
          ``(4) professional travel; and
          ``(5) such other requirements as the Director determines are 
        necessary to carry out the purpose of the program.
  ``(h) Review.--
          ``(1) In general.--The appointment of a distinguished 
        scientist under this section shall be reviewed at the end of 
        the first 3-year allotment for the distinguished scientist 
        through an open peer review process to determine if the 
        appointment is meeting the purpose of this section under 
        subsection (a).
          ``(2) Funding.--Funding of the appointment of the 
        distinguished scientist for the second 3-year allotment shall 
        be determined based on the review conducted under paragraph 
        (1).

                 ``CHAPTER 6--NUCLEAR SCIENCE EDUCATION

``SEC. 3195. NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR INSTITUTIONS 
                    OF HIGHER EDUCATION.

  ``(a) Purposes.--The purposes of this section are--
          ``(1) to address the decline in the number of and resources 
        available to nuclear science programs of institutions of higher 
        education; and
          ``(2) to increase the number of graduates with degrees in 
        nuclear science, an area of strategic importance to the 
        economic competitiveness and energy security of the United 
        States.
  ``(b) Definition of Nuclear Science.--In this section, the term 
`nuclear science' includes--
          ``(1) nuclear science;
          ``(2) nuclear engineering;
          ``(3) nuclear chemistry;
          ``(4) radiochemistry; and
          ``(5) health physics.
  ``(c) Establishment.--The Secretary, acting through the Director, 
shall establish in accordance with this section a program to expand and 
enhance institution of higher education nuclear science educational 
capabilities.
  ``(d) Nuclear Science Program Expansion Grants for Institutions of 
Higher Education.--
          ``(1) In general.--The Secretary, acting through the 
        Director, shall award up to 3 competitive grants for each 
        fiscal year to institutions of higher education that establish 
        new academic degree programs in nuclear science.
          ``(2) Eligibility.--To be eligible for a grant under this 
        subsection, an applicant shall partner with a National 
        Laboratory or other eligible nuclear entity, as determined by 
        the Secretary.
          ``(3) Criteria.--Criteria for a grant awarded under this 
        subsection shall be based on--
                  ``(A) the potential to attract new students to the 
                program;
                  ``(B) academic rigor; and
                  ``(C) the ability to offer hands-on learning 
                opportunities.
          ``(4) Duration and amount.--
                  ``(A) Duration.--A grant under this subsection shall 
                be 5 years in duration.
                  ``(B) Amount.--An institution of higher education 
                that receives a grant under this subsection shall be 
                eligible for up to $500,000 for each year of the grant 
                period.
          ``(5) Use of funds.--An institution of higher education that 
        receives a grant under this subsection may use the grant to--
                  ``(A) recruit and retain new faculty;
                  ``(B) develop core and specialized course content;
                  ``(C) encourage collaboration between faculty and 
                researchers in the nuclear science field; or
                  ``(D) support outreach efforts to recruit students.
  ``(e) Nuclear Science Competitiveness Grants for Institutions of 
Higher Education.--
          ``(1) In general.--The Secretary, acting through the Director 
        shall award up to 10 competitive grants for each fiscal year to 
        institutions of higher education with existing academic degree 
        programs that produce graduates in nuclear science.
          ``(2) Criteria.--Criteria for a grant awarded under this 
        subsection shall be based on the potential for increasing the 
        number and academic quality of graduates in the nuclear 
        sciences that enter into careers in nuclear-related fields.
          ``(3) Duration and amount.--
                  ``(A) Duration.--A grant under this subsection shall 
                be 5 years in duration.
                  ``(B) Amount.--An institution of higher education 
                that receives a grant under this subsection shall be 
                eligible for up to $250,000 for each year of the grant 
                period.
          ``(4) Use of funds.--An institution of higher education that 
        receives a grant under this subsection may use the grant to--
                  ``(A) increase the number of graduates in nuclear 
                science that enter into careers in the nuclear science 
                field;
                  ``(B) enhance the teaching of advanced nuclear 
                technologies;
                  ``(C) aggressively pursue collaboration opportunities 
                with industry and National Laboratories; and
                  ``(D) bolster or sustain nuclear infrastructure and 
                research facilities of the institution of higher 
                education, such as research and training reactors or 
                laboratories.
  ``(f) Nuclear Science Talent Expansion Scholarships.--
          ``(1) In general.--The Secretary, acting through the 
        Director, shall award up to 150 competitive scholarships for 
        each fiscal year to be used to provide for educational expenses 
        for students at eligible institutions of higher education who 
        enter into academic degree programs in nuclear science.
          ``(2) Criteria.--Scholarships under this subsection shall be 
        awarded competitively based on academic merit.
          ``(3) Duration and amount.--
                  ``(A) Duration.--Scholarship assistance under this 
                subsection may be awarded for up to 4 years.
                  ``(B) Amount.--A student who receives a grant under 
                this subsection shall be eligible for up to $40,000 for 
                each year of the scholarship period to be used for 
                educational expenses (including tuition, books, fees, 
                equipment, room, and board).
          ``(4) Termination.--A student who receives a scholarship 
        under this subsection but fails to maintain appropriate 
        academic achievement for a year, as determined by the Director, 
        shall not be eligible for a scholarship under this subsection 
        for subsequent years.
          ``(5) Internship.--The Secretary shall ensure that each 
        student who receives a scholarship under this subsection has 
        the opportunity to participate in an internship at a National 
        Laboratory during the course of study of the student.
  ``(g) Authorization of Appropriations.--
          ``(1) Nuclear science program expansion grants for 
        institutions of higher education.--There are authorized to be 
        appropriated to carry out subsection (d)--
                  ``(A) $1,500,000 for fiscal year 2007;
                  ``(B) $3,000,000 for fiscal year 2008;
                  ``(C) $4,500,000 for fiscal year 2009;
                  ``(D) $6,000,000 for fiscal year 2010; and
                  ``(E) $7,500,000 for fiscal year 2011.
          ``(2) Nuclear science competitiveness grants for institutions 
        of higher education.--There are authorized to be appropriated 
        to carry out subsection (e)--
                  ``(A) $2,500,000 for fiscal year 2007;
                  ``(B) $5,000,000 for fiscal year 2008;
                  ``(C) $7,500,000 for fiscal year 2009;
                  ``(D) $10,000,000 for fiscal year 2010; and
                  ``(E) $12,500,000 for fiscal year 2011.
          ``(3) Nuclear science talent expansion scholarships.--There 
        are authorized to be appropriated to carry out subsection (f)--
                  ``(A) $6,000,000 for fiscal year 2007;
                  ``(B) $12,000,000 for fiscal year 2008;
                  ``(C) $18,000,000 for fiscal year 2009;
                  ``(D) $24,000,000 for fiscal year 2010; and
                  ``(E) $30, 000,000 for fiscal year 2011.''.

SEC. 4. DEPARTMENT OF ENERGY EARLY-CAREER RESEARCH GRANTS.

  (a) Purpose.--It is the purpose of this section to authorize research 
grants in the Department for early-career scientists and engineers for 
purposes of pursuing independent research.
  (b) Definition of Eligible Early-Career Researcher.--In this section, 
the term ``eligible early-career researcher'' means an individual who--
          (1) completed a doctorate or other terminal degree not more 
        than 10 years before the date of application for a grant 
        authorized under this section; and
          (2) has demonstrated promise in the field of science, 
        technology, engineering, mathematics, computer science, or 
        computational science.
  (c) Grant Program Authorized.--
          (1) In general.--The Secretary shall award not less than 65 
        grants per year to outstanding eligible early-career 
        researchers to support the work of such researchers in the 
        Department, particularly the National Laboratories, or other 
        federally-funded research and development centers.
          (2) Application.--An eligible early-career researcher who 
        desires to receive a grant under this section shall submit to 
        the Secretary an application at such time, in such manner, and 
        accompanied by such information as the Secretary may require.
          (3) Special consideration.--In awarding grants under this 
        section, the Secretary shall give special consideration to 
        eligible early-career researchers who have followed alternative 
        career paths such as working part-time or in non-academic 
        settings, or who have taken a significant career break or other 
        leave of absence.
          (4) Duration and amount.--A grant under this section shall be 
        5 years in duration. An eligible early career-researcher who 
        receives a grant under this section shall receive $100,000 for 
        each year of the grant period.
          (5) Use of funds.--An eligible early career-researcher who 
        receives a grant under this section shall use the grant funds 
        for basic research in natural sciences, engineering, 
        mathematics, or computer sciences at the Department, 
        particularly the National Laboratories, or other federally-
        funded research and development center.
          (6) Authorization of appropriations.--There are authorized to 
        be appropriated to carry out this section--
                  (A) $6,500,000 for fiscal year 2007;
                  (B) $13,000,000 for fiscal year 2008;
                  (C) $19,500,000 for fiscal year 2009;
                  (D) $26,000,000 for fiscal year 2010; and
                  (E) $32,500,000 for fiscal year 2011.

SEC. 5. ADVANCED RESEARCH PROJECTS AUTHORITY-ENERGY.

  (a) Definitions.--In this section:
          (1) Advisory board.--The term ``Advisory Board'' means the 
        Advisory Board established under subsection (d).
          (2) Applied energy technology.--The term ``applied 
        technology'' means technology used for--
                  (A) fossil energy;
                  (B) carbon sequestration;
                  (C) nuclear energy;
                  (D) renewable energy;
                  (E) energy distribution; or
                  (F) energy efficiency technology.
          (3) Authority.--The term ``Authority'' means the Advanced 
        Research Projects Authority--Energy established under 
        subsection (b).
          (4) Director.--The term ``Director'' means the Director of 
        the Authority appointed under subsection (c)(1).
  (b) Establishment.--The Secretary shall establish an Advanced 
Research Projects Authority-Energy to overcome the long-term and high-
risk technological barriers in the development of applied energy 
technologies (including carbon neutral technologies) that hinder the 
successful implementation of the technologies in commercial markets.
  (c) Director.--
          (1) Appointment.--The Secretary shall appoint a Director of 
        the Authority.
          (2) Qualifications.--The Director shall be an individual who, 
        by reason of professional background and experience, is 
        especially qualified to advise the Secretary on matters 
        pertaining to long-term, high-risk programs to overcome long-
        term and high-risk technological barriers to the development of 
        applied energy technologies in commercial markets.
          (3) Duties.--The Director shall--
                  (A) employ such qualified technical staff as are 
                necessary to carry out the duties of the Authority, 
                including providing staff for the Advisory Committee;
                  (B) serve as the selection official for proposals 
                relating to applied energy technologies that are 
                solicited within the Department;
                  (C) terminate programs carried out under this section 
                that are not achieving the goals of the programs; and
                  (D) perform such duties related to long-term and 
                high-risk technological barriers in the development of 
                applied energy technologies as are determined 
                appropriate by the Secretary.
  (d) Advisory Board.--
          (1) Appointment.--The Secretary shall, consistent with the 
        Federal Advisory Committee Act (5 U.S.C. App.), establish, and 
        appoint members to, an Advisory Board to make recommendations 
        to the Secretary and the Director on actions necessary to carry 
        out this section.
          (2) Qualifications.--The Advisory Board shall consist of 
        individuals who--
                  (A) by reason of professional background and 
                experience, are especially qualified to advise the 
                Secretary and the Director on matters pertaining to 
                long-term and high-risk technological barriers in the 
                development of applied energy technologies in 
                commercial markets; and
                  (B) are not employees or former employees of the 
                Federal Government.
          (3) Term.--A member of the Advisory Board shall be appointed 
        for a term of 5 years.
          (4) Information.--Each fiscal year, individuals who carry out 
        applied energy technology programs of the Department and staff 
        of the Authority shall provide to the Advisory Board written 
        proposals and oral briefings on long-term and high-risk 
        technological barriers that are critical to overcome for the 
        successful development of applied energy technologies in 
        commercial markets.
          (5) Duties.--Each fiscal year, the Advisory Board shall--
                  (A) recommend to the Secretary and the Director--
                          (i) in order of priority, proposals of 
                        applied energy programs of the Department that 
                        are critical to overcoming long-term and high-
                        risk technological barriers to enable the 
                        successful development of applied energy 
                        technologies in commercial markets; and
                          (ii) additional programs not covered in the 
                        proposals that are critical to overcoming the 
                        barriers described in clause (i); and
                  (B) make recommendations to the Secretary and the 
                Directory concerning whether programs funded under this 
                section are achieving the goals of the programs.
  (e) Review.--Not later than 3 and 6 years after the date of enactment 
of this Act, the Secretary shall enter into an agreement with the 
National Academy of Sciences under which the Academy shall--
          (1) conduct a review to determine whether the activities 
        carried out under this section are overcoming long-term and 
        high risk technological barriers to the successful 
        implementation of applied energy technologies in commercial 
        markets; and
          (2) submit to Congress, the Secretary, and the Director a 
        report describing the results of the review.
  (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000,000 for each of fiscal 
years 2007 through 2011.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY 
                    FOR BASIC RESEARCH.

  Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 16311(b)) 
is amended--
          (1) in paragraph (2), by striking ``and'' at the end;
          (2) in paragraph (3), by striking the period at the end and 
        inserting a semicolon; and
          (3) by adding at the end the following:
          ``(4) $5,320,000,000 for fiscal year 2010;
          ``(5) $5,851,000,000 for fiscal year 2011;
          ``(6) $6,436,000,000 for fiscal year 2012; and
          ``(7) $7,080,000,000 for fiscal year 2013.''.

SEC. 7. DISCOVERY SCIENCE AND ENGINEERING INNOVATION INSTITUTES.

  (a) In General.--The Secretary shall establish distributed, 
multidisciplinary institutes (referred to in this section as 
``Institutes'') centered at National Laboratories to apply fundamental 
science and engineering discoveries to technological innovations for 
the creation of products, processes, and services related to the 
missions of the Department and the global competitiveness of the United 
States.
  (b) Topical Areas.--The Institutes shall support scientific and 
engineering research and education activities on critical emerging 
technologies determined by the Secretary to be essential to global 
competitiveness, including activities related to--
          (1) sustainable energy technologies;
          (2) multi-scale materials and processes;
          (3) micro- and nano-engineering;
          (4) computational and information engineering; and
          (5) genomics and proteomics.
  (c) Partnerships.--In carrying out this section, the Secretary shall 
establish partnerships between the Institutes and--
          (1) institutions of higher education to--
                  (A) train undergraduate and graduate engineering and 
                science students;
                  (B) develop innovative educational curricula; and
                  (C) conduct research within the topical areas 
                described in subsection (b);
          (2) private industry to develop innovative technologies 
        within the topical areas described in subsection (b);
          (3) State and local governments to promote regionally-based 
        commercialization and entrepreneurship; and
          (4) financing entities to guide successful technology 
        commercialization.
  (d) Merit-Based Selection.--The selection of Institutes under this 
section shall be based on merit.
  (e) Review.--Not later than 3 and 6 years after the date of enactment 
of this Act, the Secretary shall enter into an agreement with the 
National Academy of Sciences under which the Academy shall--
          (1) conduct a review of the performance of the Institutes 
        under this section; and
          (2) submit to Congress and the Secretary a report describing 
        the results of the review.
  (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the activities of each Institute selected 
under this section $50,000,000 for each of fiscal years 2007 through 
2013.

SEC. 8. PROTECTING AMERICA'S COMPETITIVE EDGE (PACE) GRADUATE 
                    FELLOWSHIP PROGRAM.

  (a) Definition of Eligible Student.--In this section, the term 
``eligible student'' means a student who attends an institution of 
higher education that offers a doctoral degree in a field relevant to a 
mission area of the Department.
  (b) Establishment.--The Secretary shall establish a graduate 
fellowship program for eligible students pursuing a doctoral degree in 
a mission area of the Department.
  (c) Selection.--
          (1) In general.--The Secretary shall award fellowships to 
        eligible students under this section through a competitive 
        merit review process (involving written and oral interviews) 
        that will result in a wide distribution of awards throughout 
        the United States.
          (2) Criteria.--The Secretary shall establish selection 
        criteria for awarding fellowships under this section that 
        require an eligible student to--
                  (A) pursue a field of science or engineering of 
                importance to the mission area of the Department;
                  (B) rank in the upper 10 percent of the class of the 
                eligible student;
                  (C) demonstrate to the Secretary--
                          (i) the capacity to understand technical 
                        topics related to the fellowship that can be 
                        derived from the first principles of the 
                        technical topics;
                          (ii) imagination and creativity;
                          (iii) leadership skills in organizations or 
                        intellectual endeavors, demonstrated through 
                        awards and past experience; and
                          (iv) excellent verbal and communication 
                        skills to explain, defend, and demonstrate an 
                        understanding of technical subjects related to 
                        the fellowship; and
                  (D) be a citizen or permanent resident alien of the 
                United States.
  (d) Awards.--
          (1) Amount.--A fellowship awarded under this section shall--
                  (A) provide an annual living stipend; and
                  (B) cover--
                          (i) graduate tuition at an institution of 
                        higher education; and
                          (ii) incidental expenses associated with 
                        curricula and research at the institution of 
                        higher education (including books, computers 
                        and software).
          (2) Duration.--A fellowship awarded under this section shall 
        be for a period of not longer than 5 years.
          (3) Portability.--A fellowship awarded under this section 
        shall be portable with the fellow.
  (e) Administration.--The Secretary (acting through the Director of 
Mathematics, Science, and Engineering Education)--
          (1) shall administer the program established under this 
        section; and,
          (2) may enter into a contract with a nonprofit entity to 
        administer the program, including the selection and award of 
        fellowships.
  (f) Revocation.--
          (1) In general.--Nothing in this section prevents the 
        Secretary from refusing or revoking a fellowship award, in 
        whole or on part, in the case of any applicant or recipient, if 
        the Secretary determines that such an award is not in the best 
        interests of the United States.
          (2) Non-delegable.--The Secretary may not delegate a 
        determination made under paragraph (1).
  (g) Authorization of Appropriations.--
          (1) Fellowships.--There are authorized to be appropriated to 
        award fellowships under this section--
                  (A) $4,500,000 for 100 fellowships for fiscal year 
                2007;
                  (B) $9,300,000 for 200 fellowships for fiscal year 
                2008 (including non-expiring fellowships for the prior 
                fiscal year);
                  (C) $14,500,000 for 300 fellowships for fiscal year 
                2009 (including non-expiring fellowships for prior 
                fiscal years);
                  (D) $25,000,000 for 500 fellowships for fiscal year 
                2010 (including non-expiring fellowships for prior 
                fiscal years);
                  (E) $35,500,000 for 700 fellowships for fiscal year 
                2011 (including non-expiring fellowships for prior 
                fiscal years);
                  (F) $52,500,000 for 1,000 fellowships for fiscal year 
                2012 (including non-expiring fellowships for prior 
                fiscal years); and
                  (G) $54,000,000 for 1,000 fellowships for fiscal year 
                2013 (including non-expiring fellowships for prior 
                fiscal years).
          (2) Administration.--There are authorized to be appropriated 
        for administrative expenses incurred in carrying out this 
        section--
                  (A) $1,000,000 for each of fiscal years 2007 and 
                2008;
                  (B) $1,000,000 for fiscal year 2008;
                  (C) $1,500,000 for fiscal year 2009;
                  (D) $2,500,000 for fiscal year 2010;
                  (E) $3,500,000 for fiscal year 2011;
                  (F) $5,500,000 for fiscal year 2012; and
                  (G) $5,500,000 for fiscal year 2013.

SEC. 9. TITLE IX COMPLIANCE.

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

                         Purpose of the Measure

    The purpose of S. 2197 is to improve the global 
competitiveness of the United States in science and energy 
technology, to strengthen basic research programs at the 
Department of Energy, and to provide support for mathematics 
and science education at all levels through the resources 
available through the Department of Energy, including at the 
National Laboratories.

                      Summary of Major Provisions

    S. 2197 broadens the Department of Energy's existing 
responsibilities in mathematics and science education. The Act 
establishes a Director of Mathematics, Science, and Engineering 
Education at the Department. Other provisions authorize staff 
of the National Laboratories to assist in teaching at statewide 
specialty schools in mathematics and science, and to use 
National Laboratory equipment in support of these efforts. The 
Act establishes internship programs at the National 
Laboratories, and requires each National Laboratory to 
establish a Center of Excellence at one public secondary school 
in each region for the purpose of strengthening mathematics and 
science education. Another provision establishes summer 
institutes, hosted by National Laboratories, to provide 
training for mathematics and science teachers on best 
practices.
    The Act establishes the Advanced Research Projects 
Authority-Energy, to overcome the long-term and high-risk 
technological barriers to the development of applied energy 
technologies (including carbon neutral technologies), which 
hinder the successful implementation of the technologies in 
commercial markets.

                          Background and Need

    The National Academy of Sciences and the National Academy 
of Engineering Councils, at their joint meeting in February 
2005, examined the position of the United States in the context 
of the global knowledge and discovery enterprise. Participants 
expressed concern that a weakening of science and technology in 
the United States would inevitably degrade its social and 
economic conditions and in particular erode the ability of its 
citizens to compete for high-quality jobs. Based on the urgency 
expressed by the council, the National Academies' Committee on 
Science, Engineering, and Public Policy was charged with 
organizing a planning meeting, which took place on May 11, 
2005. Speaking at that meeting, Senator Lamar Alexander 
indicated that the Energy Subcommittee of the Senate Committee 
on Energy and Natural Resources, which he chairs, had been 
given authority by the full committee's chair, Senator Pete V. 
Domenici, to hold a series of hearings to identify specific 
steps that the federal government should take to ensure the 
pre-eminence of America's science and technology enterprise.
    In a letter dated May 27, 2005, Senator Alexander and 
Senator Jeff Bingaman requested that the National Academy of 
Sciences undertake a formal study on the issue and identify the 
ten most important policy measures that could best ensure 
future U.S. competitiveness. The Academy subsequently formed a 
committee of twenty individuals including leaders in industry, 
presidents of American universities, and retired Federal 
officials. The resulting report, Rising Above the Gathering 
Storm: Energizing and Employing America for a Brighter Economic 
Future, was released in September 2005.
    The Gathering Storm provided twenty specific 
recommendations for policy action. These recommendations 
pertained to kindergarten through twelfth grade education, 
higher education, research, workforce issues, immigration, and 
tax policy. The report emphasized that efforts to strengthen 
America's standing in science and technology were most likely 
to succeed if targeted toward a central goal. The Academy 
committee recommended that this goal should be two-fold: to 
create high technology jobs in the United States, and to ensure 
that the United States maintains a lasting supply of clean, 
affordable, and reliable energy.
    Senator Domenici, Senator Bingaman and Senator Alexander 
developed legislation to address the twenty recommendations 
included in The Gathering Storm. The result was a legislative 
package of three bills (S. 2197, S. 2198, and S. 2199) 
introduced on January 26, 2006. Those recommendations requiring 
action by the Department of Energy were included in S. 2197.

                          Legislative History

    S. 2197 was introduced by Senator Domenici for himself, Mr. 
Bingaman, Mr. Alexander, Ms. Mikulski, Mr. Lugar, Mr. Dodd, Mr. 
Hatch, Mr. Obama, Mr. Warner, Mr. Lieberman, Mr. Bond, Mrs. 
Murray, Mr. Burns, Mr. Bayh, Mr. Craig, Ms. Cantwell, Mrs. 
Hutchison, Mr. Menendez, Mr. DeWine, Mr. Kohl, Mr. Thomas, Mr. 
Kerry, Mr. Smith, Mr. Nelson of Florida, Mr. Voinovich, Mr. 
Leahy, Mr. Allen, Mr. Akaka, Mr. Talent, Mrs. Clinton, Mr. 
Chambliss, Ms. Stabenow, Mr. Cornyn, Mr. Dayton, Mr. Coleman, 
Mr. Salazar, Mr. Martinez, Mr. Inouye, Mr. Stevens, Mr. Biden, 
Mr. Cochran, Mr. Hagel, Ms. Murkowski, Mr. Pryor, Ms. Collins, 
Mr. Vitter, and Ms. Landrieu on January 26, 2006. The Committee 
on Energy and Natural Resources held a hearing on S. 2197 on 
February 15, 2006. At the business meeting on March 8, 2006, 
the Committee on Energy and Natural Resources ordered S. 2197, 
as amended, favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on March 8, 2006, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 2197, if 
amended as described herein.

                          Committee Amendments

    During the consideration of S. 2197, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
technical corrections; authorizes the nuclear science talent 
expansion program for institutions of higher education, the 
Advanced Research Projects Authority-Energy, Discovery Science 
and Engineering Innovation Institutes, and the Protecting 
America'sCompetitive Edge (PACE) Graduate Fellowship Program; 
and ensures Department of Energy compliance with Title IX of the 
Education Amendments of 1972. The Committee first adopted a second-
degree amendment to the substitute to require the Department of Energy 
to increase, to the maximum extent practicable, the participation and 
advancement of women and under-represented minorities in every level of 
science, technology, engineering, and mathematics education.

                      Section-by-Section Analysis

    Section 1 provides the short title for the Act.
    Section 2 provides definitions of key terms used in the 
Act.
    Section 3 amends the Department of Energy Science Education 
Enhancement Act.
    Subsection 3(a) adds a new section 3164(b), which directs 
the Secretary to appoint a Director of Mathematics, Science, 
and Mathematics Education with the principle responsibility for 
administering the mathematics, science, and engineering 
education programs of the Department. The new subsection 
3164(b) also describes the qualifications and duties of the 
Director, authorizes staff and resources to be provided to the 
Director, and requires the Secretary to enter into an 
arrangement with the National Academy of Sciences to assess the 
Department's mathematics, science, and engineering programs not 
later than five years and not later than ten years after 
enactment.
    Subsection 3(b) adds a new definition of the term 
``National Laboratory'' to section 3168 of the Department of 
Energy Science Education Enhancement Act.
    Subsection 3(c) adds a new Subpart B, containing 6 new 
chapters, to the Department of Energy Science Education 
Enhancement Act. Chapter 1, section 3171, authorizes the 
Director to create a program using scientific and engineering 
staff of the National Laboratories to assist in teaching 
courses in statewide specialty schools that provide 
comprehensive mathematics and science (including engineering) 
education, and using National Laboratory scientific equipment 
in the teaching of courses. Chapter 2, section 3172, directs 
the Secretary to establish a summer internship program for 
middle school and secondary school students at the National 
Laboratories, and to establish outreach and experiential-based 
learning projects for minority students. The Secretary is 
encouraged to carry out such programs in States with 
significant representation (fifteen percent or more) of both 
Hispanic and African American students in their public schools. 
Chapter 3, Section 3181, directs the Secretary to establish a 
program to support a Center of Excellence in Mathematics and 
Science at one public secondary school located in the region of 
the National Laboratory. Chapter 4, Sec. 3185, directs the 
Secretary to establish or expand a program of summer institutes 
at each of the National Laboratories to provide additional 
training to strengthen the mathematics, science, and hands-on 
learning teaching skills of teachers employed at public schools 
in kindergarten through grade 12 education, with a particular 
focus on teachers of kindergarten through grade 8. Chapter 5, 
Section 3191, directs the Secretary to establish a program to 
support the appointment of up to one hundred distinguished 
scientists at the National Laboratories. Chapter 6, Section 
3195, directs the Secretary to establish a program to expand or 
enhance the nuclear science capabilities of institutions of 
higher education.
    Section 4 authorizes research grants for early-career 
scientists and engineers for purposes of pursuing independent 
research. Early-career scientists and engineers are defined as 
individuals who have completed a doctorate or other terminal 
degree not more than 10 years before the date of application 
for a grant authorized under this section, and have 
demonstrated promise in the field of science, technology, 
engineering, mathematics, computer science, or computational 
science. Grants awarded under this section are for 5 years at a 
level of $100,000 per year during the grant period.
    Section 5 establishes the Advanced Research Programs 
Authority--Energy (ARPA-E).
    Subsection 5(a) provides definitions for the terms 
``advisory board'', ``applied energy technologies'', and 
``director''.
    Subsection 5(b) directs the Secretary to establish the 
Advanced Research Programs Authority--Energy (ARPA-E) to 
overcome the long-term and high-risk technological barriers in 
the development of applied energy technologies (including 
carbon neutral technologies) that hinder the successful 
implementation of the technologies in commercial markets.
    Subsection 5(c) requires the Secretary to appoint a 
director, who by reason of professional background or 
experience, is especially qualified to advise the Secretary on 
matters pertaining to long-term, high-risk technological 
barriers to the development of applied energy technologies in 
commercial markets.
    Subsection 5(d) requires that, consistent with the Federal 
Advisory Committee Act (5 U.S.C. App.), the Secretary shall 
establish, and appoint members to, an Advisory Board to make 
recommendations to the Secretary and the Director on actions 
necessary to carry out this section. Subsection 5(d) further 
requires the Advisory Board to recommend to the Secretary and 
to the Director, each fiscal year and in order of priority, 
proposals of applied energy programs of the Department that are 
critical to overcoming long-term and high-risk technological 
barriers to enable the successful development of applied energy 
technologies in commercial markets. The Advisory Board may 
include additional programs not covered in the Department's 
submitted proposals that the Board determines to be critical to 
overcoming long-term and high-risk technological barriers.
    Section 6 provides authorizations of appropriations for the 
Department of Energy Office of Science for fiscal years 2010 
through 2013.
    Section 7 requires the Secretary to establish distributed, 
multi-disciplinary institutes centered at National Laboratories 
to apply fundamental science and engineering discoveries to 
technological innovations for the creation of products, 
processes, and services related to the missions of the 
Department and the global competitiveness of the United States. 
The Institutes are required to support scientific and 
engineering research and education activities on critical 
emerging technologies determined by the Secretary to be 
essential to global competitiveness.
    Section 8 requires the Secretary to establish a graduate 
fellowship program for students pursuing doctoral degrees in 
mission areas of the Department. The section requires that 
students be selected for the fellowship program through a 
competitive merit review process (involving writtenand oral 
interviews) that will result in a wide distribution of awards 
throughout the United States. A fellowship awarded under this section 
shall provide an annual living stipend, graduate tuition at an 
institution of higher education; and incidental expenses associated 
with curricula and research at the institution of higher education 
(including books, computers and software). The Committee notes that in 
similar fellowship programs, such tuition rates are generally 
negotiated between Federal agency providing the fellowship and the 
Institution of Higher Education. The Fellowships awarded under this 
section shall be for a period of not longer than 5 years. Fellowships 
awarded under this section shall be portable with the fellow.
    Section 9 requires that not later than 180 days after the 
date of enactment of this Act, the Secretary of Energy shall 
submit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes actions taken 
by the Department of Energy to implement the recommendations in 
the report of the Government Accountability Office numbered 04-
639. The section further requires that to comply with title IX 
of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
the Secretary shall annually conduct compliance reviews of at 
least 2 recipients of Department of Energy grants.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2197. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    The Secretary may need to collect some personal information 
from applicants for the internships, grants, scholarships, and 
fellowships authorized by S. 2197. The Committee expects the 
Secretary to limit the collection of personal information to 
the minimum amount needed to adequately administer the 
programs, and therefore anticipates little impact on personal 
privacy.
    Enactment of S. 2197 will result in the production of 
various applications, reports, and performance assessments 
necessary to the administration of the various programs 
authorized by the bill. Again, the Committee expects the 
Secretary to limit paperwork requirements to the minimum amount 
needed to adequately administer the program.

                        Executive Communications

    At a hearing before the Committee on Energy and Natural 
Resources on February 15, 2006, the Department of Energy 
provided the following testimony with respect to S. 2197:

  Statement of Raymond L. Orbach, Director of the Office of Science, 
                          Department of Energy

    Good morning, Chairman Domenici, Ranking Member Bingaman, 
and members of the Committee. I am pleased to appear before you 
to discuss S. 2197, the Protecting America's Competitive Edge 
through Energy Act of 2006--also known as the PACE-Energy Act--
which you introduced on January 26th.
    The President's American Competitiveness Initiative (ACI), 
unveiled in his State of the Union message, demonstrates the 
President's strong commitment to continued U.S. competitiveness 
through a renewed national effort in basic scientific research 
and math education. To repeat the President's own words: ``We 
must continue to lead the world in human talent and creativity. 
Our greatest advantage in the world has always been our 
educated, hardworking, ambitious people--and we're going to 
keep that edge. Tonight I announce an American Competitiveness 
Initiative, to encourage innovation throughout our economy, and 
to give our nation's children a firm grounding in math and 
science.''
    The State of the Union message, and the subsequent release 
of the President's FY 2007 budget that contains substantial 
increases for basic research in the physical sciences, are all 
part of the strategy. America's competitiveness is truly a 
result of the ingenuity of the American people. this native 
ingenuity can be nurtured and brought to fruition through the 
precise application of the President's ACT.
    The FY 2007 budget includes a $505 million increase in 
DOE's Science programs, which is part of a commitment to double 
funding for certain high-leverage science agencies over the 
next ten years. The ACI recognizes that scientific discovery 
and understanding help drive economic strength and security. 
Developing revolutionary, science-driven technology is at the 
heart of the Department of Energy's mission. The increase 
proposed for the Department's Science programs reflects the 
significant contribution DOE and its world-class research 
facilities make to the Nation.
    The President's ACI will encourage American innovation and 
bolster our ability to compete in the global economy through 
increased federal investment in critical areas of research, 
especially in the physical sciences and engineering, in large 
part through DOE's Office of Science. This initiative will 
generate scientific and technological advances for decades to 
come and will help ensure that future generations have an even 
brighter future. The Office of Science is educating and 
training our next generation of scientists and engineers. 
Roughly half of the researchers at Office of Science-run 
facilities are university faculty or graduate or postdoctoral 
students (who work side by side with scientists and researchers 
employed directly by the labs), and about a third of Office of 
Science research funds go to institutions of higher learning.
    Finally, the Administration welcomes the opportunity to 
discuss with Congress methods to accelerate progress in 
promising energy technologies, some of which may well require 
breakthroughs in basic science research. These important 
concerns were articulated very clearly in the Augustine Report. 
The specific proposal for the creation of an ARPA-E is not in 
the President's budget, and we have concerns about the creation 
of this additional mechanism, the resources that would be 
required to fund it, and whether there might be alternative and 
better ways to accomplish its goals. However, we are ready to 
work with you to explore these questions.
    The DOE's Office of Science is the steward of government 
funding for the physical sciences in this country. We operate 
10 national laboratories, and a number of scientific 
facilities, that provide superb facilities for the Nation's 
scientists, allowing them to perform multi-disciplinary 
scientific research at the frontiers of discovery. Yet, it 
falls to us to inspire our young people with the possibilities 
of science, mathematics, and engineering at DOE facilities, if 
we are to maintain our edge.
    I thank the Chair and the committee for this opportunity to 
testify and look forward to answering any questions you may 
have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2197, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

         DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCEMENT ACT


PART E OF TITLE XXXI OF PUBLIC LAW 101-510, AS AMENDED (42 U.S.C. 7381-
                                 7381E)


SEC. 3161. SHORT TITLE.

    This part may be cited as the ``Department of Energy 
Science Education Enhancement Act''.

SEC. 3162. FINDINGS AND PURPOSES.

           *       *       *       *       *       *       *


    (b) Purposes.--The purposes of this part are--
          (1) to encourage the development and implementation 
        of science, mathematics, and engineering education 
        programs at the Department of Energy and at its 
        research and development facilities as part of a 
        national effort to improve science, mathematics, and 
        engineering education; and
          (2) to provide more efficient coordination among 
        science, mathematics, and engineering education 
        programs.

Subpart A--Science Education Enhancement

           *       *       *       *       *       *       *


SEC. 3164. SCIENCE EDUCATION PROGRAMS.

    (a) Programs.--The Secretary is authorized to establish 
programs to enhance the quality of mathematics, science, and 
engineering education. Any such programs shall be operated at 
or through the support of Department research and development 
facilities, shall use the scientific resources of the 
Department, and shall be consistent with the overall Federal 
plan for education and human resources in science and 
technology developed by the Federal Coordinating Council for 
Science, Engineering, and Technology.
    (b) Organization of Mathematics, Science, and Engineering 
Education Programs.--
          (1) Director of mathematics, science and engineering 
        education.--The Secretary, acting through the Under 
        Secretary for Science (referred to in this subsection 
        as the ``Under Secretary''), shall appoint a Director 
        of Mathematics, Science, and Engineering Education 
        (referred to in this subsection as the ``Director'') 
        with the principal responsibility for administering 
        mathematics, science, and engineering education 
        programs of the Department.
          (2) Qualifications.--The Director shall be an 
        individual, who by reason of professional background 
        and experience, is specially qualified to advise the 
        Under Secretary on all matters pertaining to 
        mathematics, science, and engineering education at the 
        Department.
          (3) Duties.--The Director shall--
                  (A) oversee all mathematics, science, and 
                engineering education programs of the 
                Department;
                  (B) represent the Department as the principal 
                interagency liaison for all mathematics, 
                science, and engineering education programs, 
                unless otherwise represented by the Secretary 
                or the Under Secretary;
                  (C) prepare the annual budget and advise the 
                Under Secretary on all budgetary issues for 
                mathematics, science, and engineering education 
                programs of the Department;
                  (D) increase, to the maximum extent 
                practicable, the participation and advancement 
                of women and underrepresented minorities at 
                every level of science, technology, 
                engineering, and mathematics education; and
                  (E) perform other such matters related to 
                mathematics, science, and engineering education 
                as are required by the Secretary or the Under 
                Secretary.
          (4) Staff and other resources.--The Secretary shall 
        assign to the Director such personnel and other 
        resources as the Secretary considers necessary to 
        permit the Director to carry out the duties of the 
        Director.
          (5) Assessment.--The Secretary shall offer to enter 
        into a contract with the National Academy of Sciences 
        under which the National Academy, not later than 5 
        years after, and not later than 10 years after, the 
        date of enactment of this paragraph, shall assess the 
        performance of the mathematics, science, and 
        engineering education programs of the Department.
          (6) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
    [(b)] (c) Relationship to Other Department Activities.--The 
programs described in subsection (a) shall supplement and be 
coordinated with current activities of the Department, but 
shall not supplant them.
    [(c) Science Education Enhancement Fund.--The Secretary 
shall use not less than 0.3 percent of the amount made 
available to the Department for research, development, 
demonstration, and commercial application for fiscal year 2006 
and for each fiscal year thereafter to carry out activities 
authorized by this part.]
    (d) Mathematics, Science, and Engineering Education Fund.--
The Secretary shall establish a Mathematics, Science, and 
Engineering Education Fund, using not less than 0.3 percent of 
the amount made available to the Department for research, 
development, demonstration, and commercial application for each 
fiscal year, to carry out sections 3165, 3166, and 3167.
    [(d)] (e) Programs for Students From Under-Represented 
Groups.--In carrying out a program under subsection (a), the 
Secretary shall give priority to activities that are designed 
to encourage students from under-represented groups to pursue 
scientific and technical careers.

           *       *       *       *       *       *       *


SEC. 3168. DEFINITIONS.

           *       *       *       *       *       *       *


          (4) The Term ``local education agency'' has the 
        meaning given that term by section 1471(12) of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 2891(12)).
          (5) National Laboratory.--The term ``National 
        Laboratory'' has the meaning given the term in section 
        2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

SEC. 3169. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary 
for carrying out university research support and other science, 
mathematics, and engineering education programs authorized by 
this [part] subpart and administered by the Office of Science 
of the Department of Energy, $40,000,000 for fiscal year 1991; 
and $40,000,000 for each of fiscal years 2004 through 2008.

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

SEC. 3170. DEFINITIONS.

    In this subpart:
          (1) Director.--The term ``Director'' means the 
        Director of Mathematics, Science, and Engineering 
        Education.
          (2) National Laboratory.--The term ``National 
        Laboratory'' has the meaning given the term in section 
        2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

CHAPTER 1--ASSISTANCE FOR SPECIALTY SCHOOLS FOR MATHEMATICS AND SCIENCE

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

    (a) In General.--Consistent with sections 3165 and 3166, 
the Director shall make available necessary funds for a program 
using scientific and engineering staff of the National 
Laboratories, in which the staff--
          (1) assists teaching courses at statewide specialty 
        secondary schools that provide comprehensive 
        mathematics and science (including engineering) 
        education; and
          (2) uses National Laboratory scientific equipment in 
        the teaching of the courses.
    (b) Report to Congress.--Not later than 2 years after the 
date of enactment of the Protecting America's Competitive Edge 
Through Energy Act of 2006, the Director shall submit a report 
to the appropriate committees of Congress detailing the impact 
of the activities assisted with funds made available under this 
section.

          CHAPTER 2--EXPERIENTIAL-BASED LEARNING OPPORTUNITIES

SEC. 3175. EXPERIENTIAL-BASED LEARNING OPPORTUNITIES.

    (a) Internships Authorized.--From the amounts authorized 
under subsection (e), the Secretary, acting through the 
Director, shall establish a summer internship program for 
middle school and secondary school students that shall--
          (1) provide the students with internships at the 
        National Laboratories; and
          (2) promote experiential, hands-on learning in 
        mathematics or science.
    (b) Eligibility Criteria.--The Director shall establish 
criteria to determine thesufficient level of academic 
preparedness necessary for a student to be eligible for an internship 
under this section.
    (c) Priority.--
          (1) In general.--The Director shall give priority for 
        an internship under this section to a student who meets 
        the eligibility criteria described in subsection (b) 
        and who attends a school--
                  (A)(i) in which not less than 30 percent of 
                the children enrolled in the school are from 
                low-income families; or
                  (ii) that is designated with a school locale 
                code of 7 or 8 or otherwise designated as a 
                rural school, as determined by the Secretary of 
                Education; and
                  (B) for which there is--
                          (i) a high percentage of teachers who 
                        are not teaching in the academic 
                        subject areas or grade levels in which 
                        the teachers were trained to teach;
                          (ii) a high teacher turnover rate; or
                          (iii) a high percentage of teachers 
                        with emergency, provisional, or 
                        temporary certification or licenses.
          (2) Coordination.--The Director shall consult with 
        the Secretary of Education in order to determine 
        whether a student meets the priority requirements of 
        this subsection.
    (d) Outreach and Experiential-Based Programs for Minority 
Students.--
          (1) In general.--The Secretary, acting through the 
        Director, in cooperation with Hispanic-serving 
        institutions, historically black colleges and 
        universities, tribal colleges, and other minority-
        serving institutions and nonprofit entities with 
        substantial experience relating to outreach and 
        experiential-based learning projects, shall establish 
        outreach and experiential-based learning programs that 
        will encourage underrepresented minority students in 
        kindergarten through grade 12 to pursue careers in 
        math, science, and engineering.
          (2) Community involvement.--The Secretary shall 
        ensure that the programs established under paragraph 
        (1) involve, to the maximum extent practicable--
                  (A) participation by parents and educators; 
                and
                  (B) the establishment of partnerships with 
                business organizations and appropriate Federal 
                State, and local agencies.
          (3) Distribution.--The Secretary shall ensure that 
        the programs established under paragraph (1) are 
        located in various geographic regions of the United 
        States, to the maximum extent practicable.
    (e) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $50,000,000 for 
each of the fiscal years 2007 through 2013.

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

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

    (a) In General.--The Secretary shall establish at each of 
the National Laboratories a program to support a Center of 
Excellence in Mathematics and Science at 1 public secondary 
school located in the region of the National Laboratory to 
provide assistance in accordance with subsection (c).
    (b) Goals.--The Secretary shall establish goals and 
performance assessments for each Center of Excellence 
authorized under subsection (a).
    (c) Assistance.--Consistent with sections 3165 and 3166, 
the Director shall make available necessary funds for a program 
using scientific and engineering staff of the National 
Laboratories, during which the staff--
          (1) assists teaching courses at the Centers of 
        Excellence in Mathematics and Science; and
          (2) uses National Laboratory scientific equipment in 
        the teaching of the courses.
    (d) Evaluation.--The Secretary shall consider the results 
of the performance assessments required under subsection (b) in 
any performance review of a National Laboratories management 
and operations contractor.

                      CHAPTER 4--SUMMER INSTITUTES

SEC. 3185. SUMMER INSTITUTES.

    (a) Definition of Summer Institute.--In this section, the 
term ``summer institute'' means an institute at a National 
Laboratory, conducted during the summer, that--
          (1) is conducted for a period of not less than 2 
        weeks;
          (2) includes, as a component, a program that provides 
        direct interaction between students and faculty; and
          (3) provides for follow-up training during the 
        academic year.
    (b) Summer Institute Programs Authorized.--The Secretary, 
acting through the Director, shall establish or expand program 
of summer institutes at each of the National Laboratories to 
provide additional training to strengthen the mathematics and 
science teaching skills of teachers employed at public schools 
in kindergarten through grade 12 education, with a particular 
focus on teachers of kindergarten through grade 8.

               CHAPTER 5--DISTINGUISHED SCIENTIST PROGRAM

SEC. 3191. DISTINGUISHED SCIENTIST PROGRAM.

    (a) Purpose.--The purpose of this section is to promote 
scientific and academic excellence at National Laboratories.
    (b) Establishment.--The Secretary, acting through the 
Director and in consultation with the Director of the Office of 
Science, shall establish a program to support the appointment 
of distinguished scientists by National Laboratories.
    (c) Qualifications.--Successful candidates under this 
section shall be persons who, by reason of professional 
background and experience, are able to bring international 
recognition to the appointing National Laboratory in their 
field of scientific endeavor.
    (d) Selection.--A distinguished scientist appointed under 
this section shall be selected through an open peer review 
process.
    (e) Appointment.--An appointment by a National Laboratory 
under this section shall be at the rank of the highest grade of 
distinguished scientist or technical staff of the National 
Laboratory.
    (f) Duration.--An appointment under this section shall be 
for 6 years, consisting of 2 3-year funding allotments.
    (g) Use of Funds.--Funds made available under this section 
may be used for--
          (1) the salary of the distinguished scientist and 
        support staff;
          (2) undergraduate, graduate, and post-doctoral 
        appointments;
          (3) research-related equipment;
          (4) professional travel; and
          (5) such other requirements as the Director 
        determines are necessary to carry out the purpose of 
        the program.
    (h) Review.--
          (1) In general.--The appointment of a distinguished 
        scientist under this section shall be reviewed at the 
        end of the first 3-year allotment for the distinguished 
        scientist through an open peer review process to 
        determine if the appointment is meeting the purpose of 
        this section under subsection (a).
          (2) Funding.--Funding of the appointment of the 
        distinguished scientist for the second 3-year allotment 
        shall be determined based on the review conducted under 
        paragraph (1).

                  CHAPTER 6--NUCLEAR SCIENCE EDUCATION

SEC. 3195. NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR INSTITUTIONS OF 
                    HIGHER EDUCATION.

    (a) Purposes.--The purposes of this section are--
          (1) to address the decline in the number of and 
        resources available to nuclear science programs of 
        institutions of higher education; and
          (2) to increase the number of graduates with degrees 
        in nuclear science, an area of strategic importance to 
        the economic competitiveness and energy security of the 
        United States.
    (b) Definition of Nuclear Science.--In this section, the 
term ``nuclear science'' includes--
          (1) nuclear science;
          (2) nuclear engineering;
          (3) nuclear chemistry;
          (4) radiochemistry; and
          (5) health physics.
    (c) Establishment.--The Secretary, acting through the 
Director shall establish in accordance with this section a 
program to expand and enhance Institution of Higher Education 
nuclear science educational capabilities.
    (d) Nuclear Science Program Expansion Grants for 
Institutions of Higher Education.--
          (1) In general.--The Secretary, acting through the 
        Director, shall award up to 3 competitive grants for 
        each fiscal year to institutions of higher education 
        that establish new academic degree programs in nuclear 
        science.
          (2) Eligibility.--To be eligible for a grant under 
        this subsection, an applicant shall partner with a 
        National Laboratory or other eligible nuclear entity, 
        as determined by the Secretary.
          (3) Criteria.--Criteria for a grant awarded under 
        this subsection shall be based on--
                  (A) the potential to attract new students to 
                the program;
                  (B) academic rigor; and
                  (C) the ability to offer hands-on learning 
                opportunities.
          (4) Duration and amount.--
                  (A) Duration.--A grant under this subsection 
                shall be 5 years in duration.
                  (B) Amount.--An Institution of Higher 
                Education that receives a grant under this 
                subsection shall be eligible for up to $500,000 
                for each year of the grant period.
          (5) Use of funds.--An Institution of Higher Education 
        that receives a grant under this subsection may use the 
        grant to--
                  (A) recruit and retain new faculty;
                  (B) develop core and specialized course 
                content;
                  (C) encourage collaboration between faculty 
                and researchers in the nuclear science field; 
                or
                  (D) support outreach efforts to recruit 
                students.
    (e) Nuclear Science Competitiveness Grants for Institutions 
of Higher Education.--
          (1) In general.--The Secretary, acting through the 
        Director shall award up to 10 competitive grants for 
        each fiscal year to institutions of higher education 
        with existing academic degree programs that produce 
        graduates in nuclear science.
          (2) Criteria.--Criteria for a grant awarded under 
        this subsection shall be based on the potential for 
        increasing the number and academic quality of graduates 
        in the nuclear sciences that enter into careers in 
        nuclear-related fields.
          (3) Duration and amount.--
                  (A) Duration.--A grant under this subsection 
                shall be 5 years in duration.
                  (B) Amount.--An Institution of Higher 
                Education that receives a grant under this 
                subsection shall be eligible for up to $250,000 
                for each year of the grant period.
          (4) Use of funds.--An Institution of Higher Education 
        that receives a grant under this subsection may use the 
        grant to--
                  (A) increase the number of graduates in 
                nuclear science that enter into careers in the 
                nuclear science field;
                  (B) enhance the teaching of advanced nuclear 
                technologies
                  (C) aggressively pursue collaboration 
                opportunities with industry and National 
                Laboratories; and
                  (D) bolster or sustain nuclear infrastructure 
                and research facilities of the Institution of 
                Higher Education, such as research and training 
                reactors or laboratories.
    (f) Nuclear Science Talent Expansion Scholarships.--
          (1) In general.--The Secretary, acting through the 
        Director, shall award up to 150 competitive 
        scholarships for each fiscal year to be used to provide 
        for educational expenses for students at eligible 
        institutions of higher education who enter into 
        academic degree programs in nuclear science.
          (2) Criteria.--Scholarships under this subsection 
        shall be awarded competitively based on academic merit.
          (3) Duration and amount.--
                  (A) Duration.--Scholarship assistance under 
                this subsection may be awarded for up to 4 
                years.
                  (B) Amount.--A student who receives a grant 
                under this subsection shall be eligible for up 
                to $40,000 for each year of the scholarship 
                period to be used for educational expenses 
                (including tuition, books, fees, equipment, 
                room, and board).
          (4) Termination.--A student who receives a 
        scholarship under this subsection but fails to maintain 
        appropriate academic achievement for a year, as 
        determined by the Director, shall not be eligible for a 
        scholarship under this subsection for subsequent years.
          (5) Internship.--The Secretary shall ensure that each 
        student who receives a scholarship under this 
        subsection, has the opportunity to participate in an 
        internship at a National Laboratory during the course 
        of study of the student.
    (g) Authorization of Appropriations.--
          (1) Nuclear science program expansion grants for 
        institutions of higher education.--There are authorized 
        to be appropriated to carry out subsection (d)--
                  (A) $1,500,000 for fiscal year 2007;
                  (B) $3,000,000 for fiscal year 2008;
                  (C) $4,500,000 for fiscal year 2009;
                  (D) $6,000,000 for fiscal year 2010; and
                  (E) $7,500,000 for fiscal year 2011.
          (2) Nuclear science competitiveness grants for 
        institutions of higher education.--There are authorized 
        to be appropriated to carry out subsection (e)--
                  (A) $2,500,000 for fiscal year 2007;
                  (B) $5,000,000 for fiscal year 2008;
                  (C) $7,500,000 for fiscal year 2009;
                  (D) $10,000,000 for fiscal year 2010; and
                  (E) $12,500,000 for fiscal year 2011.
          (3) Nuclear science talent expansion scholarships.--
        There are authorized to be appropriated to carry out 
        subsection (f)--
                  (A) $6,000,000 for fiscal year 2007;
                  (B) $12,000,000 for fiscal year 2008;
                  (C) $18,000,000 for fiscal year 2009;
                  (D) $24,000,000 for fiscal year 2010; and
                  (E) $30,000,000 for fiscal year 2011.
                              ----------                              


ENERGY POLICY ACT OF 2005 (P. L. 109-58)

           *       *       *       *       *       *       *



SEC. 971. SCIENCE.

           *       *       *       *       *       *       *


    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out research, 
development, demonstration, and commercial application 
activities of the Office of Science, including activities 
authorized under this subtitle (including the amounts 
authorized under the amendment made by section 976(b) and 
including basic energy sciences, advanced scientific and 
computing research, biological and environmental research, 
fusion energy sciences, high energy physics, nuclear physics, 
research analysis, and infrastructure support)--
          (1) $4,153,000,000 for fiscal year 2007;
          (2) $4,586,000,000 for fiscal year 2008; [and]
          (3) $5,200,000,000 for fiscal year 2009[.];
          (4) $5,320,000,000 for fiscal year 2010;
          (5) $5,851,000,000 for fiscal year 2011;
          (6) $6,436,000,000 for fiscal year 2012; and
          (7) $7,080,000,000 for fiscal year 2013.

                                  
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