[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

121 STAT. 572

Public Law 110-69
110th Congress

An Act


 
To invest in innovation through research and development, and to improve
the competitiveness of the United States. [NOTE: Aug. 9, 2007 -  [H.R.
2272]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: America COMPETES Act. 20
USC 9801 note.] assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``America COMPETES Act'' or the
``America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act''.

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

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

Sec. 1001. National Science and Technology Summit.
Sec. 1002. Study on barriers to innovation.
Sec. 1003. National Technology and Innovation Medal.
Sec. 1004. Semiannual Science, Technology, Engineering, and Mathematics
Days.
Sec. 1005. Study of service science.
Sec. 1006. President's Council on Innovation and Competitiveness.
Sec. 1007. National coordination of research infrastructure.
Sec. 1008. Sense of Congress on innovation acceleration research.
Sec. 1009. Release of scientific research results.

TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Sec. 2001. NASA's contribution to innovation.
Sec. 2002. Aeronautics.
Sec. 2003. Basic research enhancement.
Sec. 2004. Aging workforce issues program.
Sec. 2005. Sense of Congress regarding NASA's undergraduate student
research program.
Sec. 2006. Use of International Space Station National Laboratory to
support math and science education and competitiveness.

TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Sec. 3001. Authorization of appropriations.
Sec. 3002. Amendments to the Stevenson-Wydler Technology Innovation Act
of 1980.
Sec. 3003. Manufacturing Extension Partnership.
Sec. 3004. Institute-wide planning report.
Sec. 3005. Report by Visiting Committee.
Sec. 3006. Meetings of Visiting Committee on Advanced Technology.
Sec. 3007. Collaborative manufacturing research pilot grants.
Sec. 3008. Manufacturing Fellowship Program.
Sec. 3009. Procurement of temporary and intermittent services.
Sec. 3010. Malcolm Baldrige awards.
Sec. 3011. Report on National Institute of Standards and Technology
efforts to recruit and retain early career science and
engineering researchers.

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121 STAT. 573

Sec. 3012. Technology Innovation Program.
Sec. 3013. Technical amendments to the National Institute of Standards
and Technology Act and other technical amendments.
Sec. 3014. Retention of depreciation surcharge.
Sec. 3015. Post-doctoral fellows.

TITLE IV--OCEAN AND ATMOSPHERIC PROGRAMS

Sec. 4001. Ocean and atmospheric Research and development Program.
Sec. 4002. NOAA ocean and atmospheric Science education Programs.
Sec. 4003. NOAA's contribution to innovation.

TITLE V--DEPARTMENT OF ENERGY

Sec. 5001. Short title.
Sec. 5002. Definitions.
Sec. 5003. Science, engineering, and mathematics education at the
Department of Energy.
Sec. 5004. Nuclear science talent expansion program for institutions of
higher education.
Sec. 5005. Hydrocarbon systems science talent expansion program for
institutions of higher education.
Sec. 5006. Department of Energy early career awards for science.
engineering, and mathematics researchers.
Sec. 5007. Authorization of appropriations for Department of Energy for
basic research.
Sec. 5008. Discovery science and engineering innovation institutes.
Sec. 5009. Protecting America's Competitive Edge (PACE) graduate
fellowship program.
Sec. 5010. Sense of Congress regarding certain recommendations and
reviews.
Sec. 5011. Distinguished scientist program.
Sec. 5012. Advanced Research Projects Agency--Energy.

TITLE VI--EDUCATION

Sec. 6001. Findings.
Sec. 6002. Definitions.

Subtitle A--Teacher Assistance

Part I--Teachers for a Competitive Tomorrow

Sec. 6111. Purpose.
Sec. 6112. Definitions.
Sec. 6113. Programs for baccalaureate degrees in science, technology,
engineering, mathematics, or critical foreign languages, with
concurrent teacher certification.
Sec. 6114. Programs for master's degrees in science, technology,
engineering, mathematics, or critical foreign language
education.
Sec. 6115. General provisions.
Sec. 6116. Authorization of appropriations.

Part II--Advanced Placement and International Baccalaureate Programs

Sec. 6121. Purpose.
Sec. 6122. Definitions.
Sec. 6123. Advanced Placement and International Baccalaureate Programs.

Part III--Promising Practices in Science, Technology, Engineering, and
Mathematics Teaching

Sec. 6131. Promising practices.

Subtitle B--Mathematics

Sec. 6201. Math Now for elementary school and middle school students
program.
Sec. 6202. Summer term education programs.
Sec. 6203. Math skills for secondary school students.
Sec. 6204. Peer review of State applications.

Subtitle C--Foreign Language Partnership Program

Sec. 6301. Findings and purpose.
Sec. 6302. Definitions.
Sec. 6303. Program authorized.
Sec. 6304. Authorization of appropriations.

Subtitle D--Alignment of Education Programs

Sec. 6401. Alignment of secondary school graduation requirements with
the demands of 21st century postsecondary endeavors and
support for P-16 education data systems.

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121 STAT. 574

Subtitle E--Mathematics and Science Partnership Bonus Grants

Sec. 6501. Mathematics and science partnership bonus grants.
Sec. 6502. Authorization of appropriations.

TITLE VII--NATIONAL SCIENCE FOUNDATION

Sec. 7001. Definitions.
Sec. 7002. Authorization of appropriations.
Sec. 7003. Reaffirmation of the merit-review process of the National
Science Foundation.
Sec. 7004. Sense of the Congress regarding the mathematics and science
partnership programs of the Department of Education and the
National Science Foundation.
Sec. 7005. Curricula.
Sec. 7006. Centers for research on learning and education improvement.
Sec. 7007. Interdisciplinary research.
Sec. 7008. Postdoctoral research fellows.
Sec. 7009. Responsible conduct of research.
Sec. 7010. Reporting of research results.
Sec. 7011. Sharing research results.
Sec. 7012. Funding for successful science, technology, engineering, and
mathematics education programs.
Sec. 7013. Cost sharing.
Sec. 7014. Additional reports.
Sec. 7015. Administrative amendments.
Sec. 7016. National Science Board reports.
Sec. 7017. Program Fraud Civil Remedies Act of 1986 amendment.
Sec. 7018. Meeting critical national science needs.
Sec. 7019. Research on innovation and inventiveness.
Sec. 7020. Cyberinfrastructure.
Sec. 7021. Pilot program of grants for new investigators.
Sec. 7022. Broader impacts merit review criterion.
Sec. 7023. Donations.
Sec. 7024. High-performance computing and networking.
Sec. 7025. Science, technology, engineering, and mathematics talent
expansion program.
Sec. 7026. Laboratory science pilot program.
Sec. 7027. Study on laboratory equipment donations for schools.
Sec. 7028. Mathematics and Science Education Partnerships amendments.
Sec. 7029. National Science Foundation teacher institutes for the 21st
century.
Sec. 7030. Robert Noyce Teacher Scholarship Program.
Sec. 7031. Encouraging participation.
Sec. 7032. National Academy of Sciences report on diversity in science,
technology, engineering, and mathematics fields.
Sec. 7033. Hispanic-serving institutions undergraduate program.
Sec. 7034. Professional science master's degree programs.
Sec. 7035. Sense of Congress on communications training for scientists.
Sec. 7036. Major research instrumentation.
Sec. 7037. Limit on proposals.

TITLE VIII--GENERAL PROVISIONS

Sec. 8001. Collection of data relating to trade in services.
Sec. 8002. Sense of the Senate regarding small business growth and
capital markets.
Sec. 8003. Government Accountability Office review of activities,
grants, and programs.
Sec. 8004. Sense of the Senate regarding anti-competitive tax policy.
Sec. 8005. Study of the provision of online degree programs.
Sec. 8006. Sense of the Senate regarding deemed exports.
Sec. 8007. Sense of the Senate regarding capital markets.
Sec. 8008. Accountability and transparency of activities authorized by
this Act.

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

SEC. 1001. [NOTE: President.] NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.

(a) In General.--Not [NOTE: Deadline.] later than 180 days after
the date of the enactment of this Act, the President shall convene a
National

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121 STAT. 575

Science and Technology Summit to examine the health and direction of the
United States' science, technology, engineering, and mathematics
enterprises. The Summit shall include representatives of industry, small
business, labor, academia, State government, Federal research and
development agencies, non-profit environmental and energy policy groups
concerned with science and technology issues, and other nongovernmental
organizations, including representatives of science, technology, and
engineering organizations and associations that represent individuals
identified in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b).

(b) Report.--Not later than 90 days after the date of the conclusion
of the Summit, the President shall submit to Congress a report on the
results of the Summit. The report shall identify key research and
technology challenges and recommendations, including recommendations to
increase the representation of individuals identified in section 33 or
34 of the Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b) in science, engineering, and technology enterprises, for
areas of investment for Federal research and technology programs to be
carried out during the 5-year period beginning on the date the report is
issued.
(c) Annual Evaluation.--Beginning with the President's budget
submission for the fiscal year following the conclusion of the National
Science and Technology Summit and for each of the following 4 budget
submissions, the Analytical Perspectives component of the budget
document that describes the Research and Development budget priorities
shall include a description of how those priorities relate to the
conclusions and recommendations of the Summit contained in the report
required under subsection (b).

SEC. 1002. STUDY ON BARRIERS TO INNOVATION.

(a) In General.--Not [NOTE: Deadline. Contracts.] later than 90
days after the date of the enactment of this Act, the Director of the
Office of Science and Technology Policy shall enter into a contract with
the National Academy of Sciences to conduct and complete a study to
identify, and to review methods to mitigate, new forms of risk for
businesses beyond conventional operational and financial risk that
affect the ability to innovate, including studying and reviewing--
(1) incentive and compensation structures that could
effectively encourage long-term value creation and innovation;
(2) methods of voluntary and supplemental disclosure by
industry of intellectual capital, innovation performance, and
indicators of future valuation;
(3) means by which government could work with industry to
enhance the legal and regulatory framework to encourage the
disclosures described in paragraph (2);
(4) practices that may be significant deterrents to United
States businesses engaging in innovation risk-taking compared to
foreign competitors;
(5) costs faced by United States businesses engaging in
innovation compared to foreign competitors, including the burden
placed on businesses by high and rising health care costs;

[[Page 576]]
121 STAT. 576

(6) means by which industry, trade associations, and
universities could collaborate to support research on management
practices and methodologies for assessing the value and risks of
longer term innovation strategies;
(7) means to encourage new, open, and collaborative dialogue
between industry associations, regulatory authorities,
management, shareholders, labor, and other concerned interests
to encourage appropriate approaches to innovation risk-taking;
(8) incentives to encourage participation among institutions
of higher education, especially those in rural and underserved
areas, to engage in innovation;
(9) relevant Federal regulations that may discourage or
encourage innovation;
(10) all provisions of the Internal Revenue Code of 1986,
including tax provisions, compliance costs, and reporting
requirements, that discourage innovation;
(11) the extent to which Federal funding promotes or hinders
innovation; and
(12) the extent to which individuals are being equipped with
the knowledge and skills necessary for success in the 21st
century workforce, as measured by--
(A) elementary school and secondary school student
academic achievement on the State academic assessments
required under section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 (b)(3)),
especially in mathematics, science, and reading,
identified by ethnicity, race, and gender;
(B) the rate of student entrance into institutions
of higher education, identified by ethnicity, race, and
gender, by type of institution, and barriers to access
to institutions of higher education;
(C) the rates of--
(i) students successfully completing
postsecondary education programs, identified by
ethnicity, race, and gender; and
(ii) certificates, associate degrees, and
baccalaureate degrees awarded in the fields of
science, technology, engineering, and mathematics,
identified by ethnicity, race, and gender; and
(D) access to, and availability of, high quality job
training programs.

(b) Report Required.--Not later than 1 year after entering into the
contract required by subsection (a) and 4 years after entering into such
contract, the National Academy of Sciences shall submit to Congress a
report on the study conducted under such subsection.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Office of Science and Technology Policy $1,000,000
for fiscal year 2008 for the purpose of carrying out the study required
under this section.

SEC. 1003. NATIONAL TECHNOLOGY AND INNOVATION MEDAL.

Section 16 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3711) is amended--
(1) in the section heading, by striking ``national medal''
and inserting ``national technology and innovation medal''; and

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121 STAT. 577

(2) in subsection (a), by striking ``Technology Medal'' and
inserting ``Technology and Innovation Medal''.

SEC. 1004. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
DAYS.

It is the sense of Congress that the Director of the Office of
Science and Technology Policy should--
(1) encourage all elementary and middle schools to observe a
Science, Technology, Engineering, and Mathematics Day twice in
every school year for the purpose of bringing in science,
technology, engineering, and mathematics mentors to provide
hands-on lessons to excite and inspire students to pursue the
science, technology, engineering, and mathematics fields
(including continuing education and career paths);
(2) initiate a program, in consultation with Federal
agencies and departments, to provide support systems, tools
(from existing outreach offices), and mechanisms to allow and
encourage Federal employees with scientific, technological,
engineering, or mathematical responsibilities to reach out to
local classrooms on such Science, Technology, Engineering, and
Mathematics Days to instruct and inspire school children,
focusing on real life science, technology, engineering, and
mathematics-related applicable experiences along with hands-on
demonstrations in order to demonstrate the advantages and direct
applications of studying the science, technology, engineering,
and mathematics fields; and
(3) promote Science, Technology, Engineering, and
Mathematics Days involvement by private sector and institutions
of higher education employees, including partnerships with
scientific, engineering, and mathematical professional
organizations representing individuals identified in section 33
or 34 of the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b), in a manner similar to the Federal
employee involvement described in paragraph (2).

SEC. 1005. STUDY OF SERVICE SCIENCE.

(a) Sense of Congress.--It is the sense of Congress that, in order
to strengthen the competitiveness of United States enterprises and
institutions and to prepare the people of the United States for high-
wage, high-skill employment, the Federal Government should better
understand and respond strategically to the emerging management and
learning discipline known as service science.
(b) Study.--Not [NOTE: Deadline. Reports.] later than 1 year after
the date of the enactment of this Act, the Director of the Office of
Science and Technology Policy shall, through the National Academy of
Sciences, conduct a study and report to Congress on how the Federal
Government should support, through research, education, and training,
the emerging management and learning discipline known as service
science.

(c) Outside Resources.--In conducting the study under subsection
(b), the National Academy of Sciences shall consult with leaders from 2-
and 4-year institutions of higher education, as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), leaders
from corporations, and other relevant parties.
(d) Service Science Defined.--In this section, the term ``service
science'' means curricula, training, and research programs

[[Page 578]]
121 STAT. 578

that are designed to teach individuals to apply scientific, engineering,
and management disciplines that integrate elements of computer science,
operations research, industrial engineering, business strategy,
management sciences, and social and legal sciences, in order to
encourage innovation in how organizations create value for customers and
shareholders that could not be achieved through such disciplines working
in isolation.

SEC. 1006. [NOTE: 15 USC 3718.] PRESIDENT'S COUNCIL ON INNOVATION AND
COMPETITIVENESS.

(a) In General.--The [NOTE: Establishment.] President shall
establish a President's Council on Innovation and Competitiveness.

(b) Duties.--The duties of the Council shall include--
(1) monitoring implementation of public laws and initiatives
for promoting innovation, including policies related to research
funding, taxation, immigration, trade, and education that are
proposed in this Act or in any other Act;
(2) providing advice to the President with respect to global
trends in competitiveness and innovation and allocation of
Federal resources in education, job training, and technology
research and development considering such global trends in
competitiveness and innovation;
(3) in consultation with the Director of the Office of
Management and Budget, developing a process for using metrics to
assess the impact of existing and proposed policies and rules
that affect innovation capabilities in the United States;
(4) identifying opportunities and making recommendations for
the heads of executive agencies to improve innovation,
monitoring, and reporting on the implementation of such
recommendations;
(5) developing metrics for measuring the progress of the
Federal Government with respect to improving conditions for
innovation, including through talent development, investment,
and infrastructure improvements; and
(6) submitting to the President and Congress an annual
report on such progress.

(c) Membership and Coordination.--
(1) Membership.--The Council shall be composed of the
Secretary or head of each of the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Education.
(D) The Department of Energy.
(E) The Department of Health and Human Services.
(F) The Department of Homeland Security.
(G) The Department of Labor.
(H) The Department of the Treasury.
(I) The National Aeronautics and Space
Administration.
(J) The Securities and Exchange Commission.
(K) The National Science Foundation.
(L) The Office of the United States Trade
Representative.
(M) The Office of Management and Budget.
(N) The Office of Science and Technology Policy.
(O) The Environmental Protection Agency.
(P) The Small Business Administration.

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121 STAT. 579

(Q) Any other department or agency designated by the
President.
(2) Chairperson.--The Secretary of Commerce shall serve as
Chairperson of the Council.
(3) Coordination.--The Chairperson of the Council shall
ensure appropriate coordination between the Council and the
National Economic Council, the National Security Council, and
the National Science and Technology Council.
(4) Meetings.--The [NOTE: Deadline.] Council shall meet on
a semi-annual basis at the call of the Chairperson and the
initial meeting of the Council shall occur not later than 6
months after the date of the enactment of this Act.

(d) Development of Innovation Agenda.--
(1) In general.--The Council shall develop a comprehensive
agenda for strengthening the innovation and competitiveness
capabilities of the Federal Government, State governments,
academia, and the private sector in the United States.
(2) Contents.--The comprehensive agenda required by
paragraph (1) shall include the following:
(A) An assessment of current strengths and
weaknesses of the United States investment in research
and development.
(B) Recommendations for addressing weaknesses and
maintaining the United States as a world leader in
research and development and technological innovation,
including strategies for increasing the participation of
individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b) in science, technology,
engineering, and mathematics fields.
(C) Recommendations for strengthening the innovation
and competitiveness capabilities of the Federal
Government, State governments, academia, and the private
sector in the United States.
(3) Advisors.--
(A) Recommendation.--Not [NOTE: Deadline.] later
than 30 days after the date of the enactment of this
Act, the National Academy of Sciences, in consultation
with the National Academy of Engineering, the Institute
of Medicine, and the National Research Council, shall
develop and submit to the President a list of 50
individuals that are recommended to serve as advisors to
the Council during the development of the comprehensive
agenda required by paragraph (1). The list of advisors
shall include appropriate representatives from the
following:
(i) The private sector of the economy.
(ii) Labor.
(iii) Various fields including information
technology, energy, engineering, high-technology
manufacturing, health care, and education.
(iv) Scientific organizations.
(v) Academic organizations and other
nongovernmental organizations working in the area
of science or technology.
(vi) Nongovernmental organizations, such as
professional organizations, that represent
individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a

[[Page 580]]
121 STAT. 580

or 1885b) in the areas of science, engineering,
technology, and mathematics.
(B) Designation.--
Not [NOTE: Deadline. President.] later than 30 days
after the date that the National Academy of Sciences
submits the list of recommended individuals to serve as
advisors, the President shall designate 50 individuals
to serve as advisors to the Council.
(C) Requirement to consult.--The Council shall
develop the comprehensive agenda required by paragraph
(1) in consultation with the advisors.
(4) Initial submission and [NOTE: Deadlines.] updates.--
(A) Initial submission.--Not later than 1 year after
the date of the enactment of this Act, the Council shall
submit to Congress and the President the comprehensive
agenda required by paragraph (1).
(B) Updates.--At least once every 2 years, the
Council shall update the comprehensive agenda required
by paragraph (1) and submit each such update to Congress
and the President.

(e) Optional Assignment.--Notwithstanding subsection (a) and
paragraphs (1) and (2) of subsection (c), the President may designate an
existing council to carry out the requirements of this section.

SEC. 1007. [NOTE: 42 USC 6619.] NATIONAL COORDINATION OF RESEARCH
INFRASTRUCTURE.

(a) Identification and Prioritization of Deficiencies in Federal
Research Facilities.--Each year the Director of the Office of Science
and Technology Policy shall, through the National Science and Technology
Council, identify and prioritize the deficiencies in research facilities
and major instrumentation located at Federal laboratories and national
user facilities at academic institutions that are widely accessible for
use by researchers in the United States. In prioritizing such
deficiencies, the Director shall consider research needs in areas
relevant to the specific mission requirements of Federal agencies.
(b) Planning for Acquisition, Refurbishment, and Maintenance of
Research Facilities and Major Instrumentation.--The Director shall,
through the National Science and Technology Council, coordinate the
planning by Federal agencies for the acquisition, refurbishment, and
maintenance of research facilities and major instrumentation to address
the deficiencies identified under subsection (a).
(c) Report.--The Director shall submit to Congress each year,
together with documents submitted to Congress in support of the budget
of the President for the fiscal year beginning in such year (as
submitted pursuant to section 1105 of title 31, United States Code), a
report, current as of the fiscal year ending in the year before such
report is submitted, setting forth the following:
(1) A description of the deficiencies in research
infrastructure identified in accordance with subsection (a).
(2) A list of projects and budget proposals of Federal
research facilities, set forth by agency, for major
instrumentation acquisitions that are included in the budget
proposal of the President.

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121 STAT. 581

(3) An explanation of how the projects and instrumentation
acquisitions described in paragraph (2) relate to the
deficiencies and priorities identified pursuant to subsection
(a).

SEC. 1008. [NOTE: 42 USC 6603.] SENSE OF CONGRESS ON INNOVATION
ACCELERATION RESEARCH.

(a) Sense of Congress on Support and Promotion of Innovation in the
United States.--It is the sense of Congress that each Federal research
agency should strive to support and promote innovation in the United
States through high-risk, high-reward basic research projects that--
(1) meet fundamental technological or scientific challenges;
(2) involve multidisciplinary work; and
(3) involve a high degree of novelty.

(b) Sense of Congress on Setting Annual Funding Goals for Basic
Research.--It is the sense of Congress that each Executive agency that
funds research in science, technology, engineering, or mathematics
should set a goal of allocating an appropriate percentage of the annual
basic research budget of such agency to funding high-risk, high-reward
basic research projects described in subsection (a).
(c) Report.--Each Executive agency described in subsection (b) shall
submit to Congress each year, together with documents submitted to
Congress in support of the budget of the President for the fiscal year
beginning in such year (as submitted pursuant to section 1105 of title
31, United States Code), a report describing whether a funding goal as
described in subsection (b) has been established, and if such a goal has
been established, the following:
(1) A description of such funding goal.
(2) Whether such funding goal is being met by the agency.
(3) A description of activities supported by amounts
allocated in accordance with such funding goal.

(d) Definitions.--In this section:
(1) Basic research.--The term ``basic research'' has the
meaning given such term in the Office of Management and Budget
Circular No. A-11.
(2) Executive agency.--The term ``Executive agency'' has the
meaning given such term in section 105 of title 5, United States
Code.

SEC. 1009. [NOTE: 42 USC 6620.] RELEASE OF SCIENTIFIC RESEARCH
RESULTS.

(a) Principles.--Not [NOTE: Deadline.] later than 90 days after
the date of the enactment of this Act, the Director of the Office of
Science and Technology Policy, in consultation with the Director of the
Office of Management and Budget and the heads of all Federal civilian
agencies that conduct scientific research, shall develop and issue an
overarching set of principles to ensure the communication and open
exchange of data and results to other agencies, policymakers, and the
public of research conducted by a scientist employed by a Federal
civilian agency and to prevent the intentional or unintentional
suppression or distortion of such research findings. The principles
shall encourage the open exchange of data and results of research
undertaken by a scientist employed by such an agency and shall be
consistent with existing Federal laws, including chapter 18 of title 35,
United States Code (commonly known as the ``Bayh-Dole Act''). The
principles shall also take into consideration the policies of peer-
reviewed scientific journals in which Federal scientists may currently
publish results.

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121 STAT. 582

(b) Implementation.--Not [NOTE: Deadline. Procedures.] later than
180 days after the date of the enactment of this Act, the Director of
the Office of Science and Technology Policy shall ensure that all
civilian Federal agencies that conduct scientific research develop
specific policies and procedures regarding the public release of data
and results of research conducted by a scientist employed by such an
agency consistent with the principles established under subsection (a).
Such polices and procedures shall--
(1) specifically address what is and what is not permitted
or recommended under such policies and procedures;
(2) be specifically designed for each such agency;
(3) be applied uniformly throughout each such agency; and
(4) be widely communicated and readily accessible to all
employees of each such agency and the public.

TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SEC. 2001. [NOTE: 42 USC 16611a.] NASA'S CONTRIBUTION TO INNOVATION.

(a) Participation in Interagency Activities.--The National
Aeronautics and Space Administration shall be a full participant in any
interagency effort to promote innovation and economic competitiveness
through near-term and long-term basic scientific research and
development and the promotion of science, technology, engineering, and
mathematics education, consistent with the National Aeronautics and
Space Administration's mission, including authorized activities.
(b) Historic Foundation.--In order to carry out the participation
described in subsection (a), the Administrator of the National
Aeronautics and Space Administration shall build on the historic role of
the National Aeronautics and Space Administration in stimulating
excellence in the advancement of physical science and engineering
disciplines and in providing opportunities and incentives for the
pursuit of academic studies in science, technology, engineering, and
mathematics.
(c) Balanced Science Program and Robust Authorization Levels.--The
balanced science program authorized by section 101(d) of the National
Aeronautics and Space Administration Authorization Act of 2005 (42
U.S.C. 16611) shall be an element of the contribution by the National
Aeronautics and Space Administration to such interagency programs.
(d) Sense of Congress on Contribution of Appropriately Funded
National Aeronautics and Space Administration.--It is the sense of
Congress that a robust National Aeronautics and Space Administration,
funded at the levels authorized for fiscal years 2007 and 2008 under
sections 202 and 203 of the National Aeronautics and Space
Administration Authorization Act of 2005 (42 U.S.C. 16631 and 16632) and
at appropriate levels in subsequent fiscal years--
(1) can contribute significantly to innovation in, and the
competitiveness of, the United States;
(2) would enable a fair balance among science, aeronautics,
education, exploration, and human space flight programs; and
(3) would allow full participation in any interagency
efforts to promote innovation and economic competitiveness.

(e) Annual Report.--

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121 STAT. 583

(1) Requirement.--The Administrator shall submit to Congress
and the President an annual report describing the activities
conducted pursuant to this section, including a description of
the goals and the objective metrics upon which funding decisions
were made.
(2) Content.--Each report submitted pursuant to paragraph
(1) shall include, with regard to science, technology,
engineering, and mathematics education programs, at a minimum,
the following:
(A) A description of each program.
(B) The amount spent on each program.
(C) The number of students or teachers served by
each program.

(f) Assessment Plan.--Not [NOTE: Deadline. Reports.] later than 1
year after the date of the enactment of this Act, the Administrator
shall submit to Congress a report on its plan for instituting
assessments of the effectiveness of the National Aeronautics and Space
Administration's science, technology, engineering, and mathematics
education programs in improving student achievement, including with
regard to challenging State achievement standards.

SEC. 2002. [NOTE: 42 USC 16712.] AERONAUTICS.

(a) Sense of Congress.--It is the sense of Congress that the
aeronautics research and development program of the National Aeronautics
and Space Administration has been an important contributor to innovation
and to the competitiveness of the United States and the National
Aeronautics and Space Administration should maintain its capabilities to
advance the state of aeronautics.
(b) Cooperation With Other Agencies on Aeronautics Activities.--The
Administrator shall coordinate, as appropriate, the National Aeronautics
and Space Administration's aeronautics activities with relevant programs
in the Department of Transportation, the Department of Defense, the
Department of Commerce, and the Department of Homeland Security,
including the activities of the Joint Planning and Development Office
established under section 709 of the Vision 100-Century of Aviation
Reauthorization Act (Public Law 108-176; 117 Stat. 2582).

SEC. 2003. [NOTE: 42 USC 16658.] BASIC RESEARCH ENHANCEMENT.

(a) In General.--The Administrator of the National Aeronautics and
Space Administration, the Director of the National Science Foundation,
the Secretary of Energy, the Secretary of Defense, and Secretary of
Commerce shall, to the extent practicable, coordinate basic research
activities related to physical sciences, technology, engineering, and
mathematics.
(b) Basic Research Defined.--In this section, the term ``basic
research'' has the meaning given such term in Office of Management and
Budget Circular No. A-11.

SEC. 2004. AGING WORKFORCE ISSUES PROGRAM.

It is the sense of Congress that the Administrator of the National
Aeronautics and Space Administration should implement a program to
address aging work force issues in aerospace that--
(1) documents technical and management experiences before
senior people leave the National Aeronautics and Space
Administration, including--
(A) documenting lessons learned;
(B) briefing organizations;

[[Page 584]]
121 STAT. 584

(C) providing opportunities for archiving lessons in
a database; and
(D) providing opportunities for near-term retirees
to transition out early from their primary assignment in
order to document their career lessons learned and brief
new employees prior to their separation from the
National Aeronautics and Space Administration;
(2) provides incentives for retirees to return and teach new
employees about their career lessons and experiences; and
(3) provides for the development of an award to recognize
and reward outstanding senior employees for their contributions
to knowledge sharing.

SEC. 2005. SENSE OF CONGRESS REGARDING NASA'S UNDERGRADUATE STUDENT
RESEARCH PROGRAM.

It is the sense of Congress that in order to generate interest in
careers in science, technology, engineering, and mathematics and to help
train the next generation of space and aeronautical scientists,
technologists, engineers, and mathematicians the Administrator of the
National Aeronautics and Space Administration should utilize the
existing Undergraduate Student Research Program of the National
Aeronautics and Space Administration to support basic research projects
on subjects of relevance to the National Aeronautics and Space
Administration that--
(1) are to be carried out primarily by undergraduate
students; and
(2) combine undergraduate research with other research
supported by the National Aeronautics and Space Administration.

SEC. 2006. [NOTE: Plans. 42 USC 2451 note.] USE OF INTERNATIONAL SPACE
STATION NATIONAL LABORATORY TO SUPPORT MATH AND SCIENCE
EDUCATION AND COMPETITIVENESS.

(a) Sense of Congress.--It is the sense of Congress that the
International Space Station National Laboratory offers unique
opportunities for educational activities and provides a unique resource
for research and development in science, technology, and engineering,
which can enhance the global competitiveness of the United States.
(b) Development of Educational Projects.--The Administrator of the
National Aeronautics and Space Administration shall develop a detailed
plan for implementation of 1 or more education projects that utilize the
resources offered by the International Space Station. In developing any
detailed plan according to this paragraph, the Administrator shall make
use of the findings and recommendations of the International Space
Station National Laboratory Education Concept Development Task Force.
(c) Development of Research Plans for Competitiveness Enhancement.--
The Administrator shall develop a detailed plan for identification and
support of research to be conducted aboard the International Space
Station, which offers the potential for enhancement of United States
competitiveness in science, technology, and engineering. In developing
any detailed plan pursuant to this subsection, the Administrator shall
consult with agencies and entities with which cooperative agreements
have been reached regarding utilization of International Space Station
National Laboratory facilities.

[[Page 585]]
121 STAT. 585

TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

(a) Scientific and Technical Research and Services.--
(1) Laboratory activities.--There are authorized to be
appropriated to the Secretary of Commerce for the scientific and
technical research and services laboratory activities of the
National Institute of Standards and Technology--
(A) $502,100,000 for fiscal year 2008;
(B) $541,900,000 for fiscal year 2009; and
(C) $584,800,000 for fiscal year 2010.
(2) Construction and maintenance.--There are authorized to
be appropriated to the Secretary of Commerce for construction
and maintenance of facilities of the National Institute of
Standards and Technology--
(A) $150,900,000 for fiscal year 2008;
(B) $86,400,000 for fiscal year 2009; and
(C) $49,700,000 for fiscal year 2010.

(b) Industrial Technology Services.--There are authorized to be
appropriated to the Secretary of Commerce for Industrial Technology
Services activities of the National Institute of Standards and
Technology--
(1) $210,000,000 for fiscal year 2008, of which--
(A) $100,000,000 shall be for the Technology
Innovation Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n), of which at least $40,000,000 shall be for new
awards; and
(B) $110,000,000 shall be for the Manufacturing
Extension Partnership program under sections 25 and 26
of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l), of which not more than
$1,000,000 shall be for the competitive grant program
under section 25(f) of such Act;
(2) $253,500,000 for fiscal year 2009, of which--
(A) $131,500,000 shall be for the Technology
Innovation Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n), of which at least $40,000,000 shall be for new
awards; and
(B) $122,000,000 shall be for the Manufacturing
Extension Partnership Program under sections 25 and 26
of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l), of which not more than
$4,000,000 shall be for the competitive grant program
under section 25(f) of such Act; and
(3) $272,300,000 for fiscal year 2010, of which--
(A) $140,500,000 shall be for the Technology
Innovation Program under section 28 of the National
Institute of Standards and Technology Act (15 U.S.C.
278n), of which at least $40,000,000 shall be for new
awards; and
(B) $131,800,000 shall be for the Manufacturing
Extension Partnership Program under sections 25 and 26
of the National Institute of Standards and Technology
Act (15 U.S.C. 278k and 278l), of which not more than
$4,000,000 shall be for the competitive grant program
under section 25(f) of such Act.

[[Page 586]]
121 STAT. 586

SEC. 3002. AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT
OF 1980.

(a) In General.--Section 5 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3704) is amended--
(1) by striking subsections (a) through (e);
(2) by redesignating subsection (f) as subsection (a);
(3) in subsection (a), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``The Secretary,
acting through the Under Secretary, shall establish for
fiscal year 1999'' and inserting ``Beginning in fiscal
year 1999, the Secretary shall establish'';
(B) by striking ``, acting through the Under
Secretary,'' each place it appears;
(C) by redesignating paragraph (6) as subsection
(b);
(D) by striking paragraph (7); and
(E) in the subsection heading, by striking
``Experimental Program to Stimulate Competitive
Technology'' and inserting ``Program Establishment'';
(4) in subsection (b), as redesignated by paragraph (3)(C),
by striking ``this subsection'' and inserting ``subsection
(a)''; and
(5) in the section heading by striking ``commerce and
technological innovation'' and inserting ``experimental program
to stimulate competitive technology''.

(b) [NOTE: 15 USC 3704 note.] Construction.--The amendments made
by subsection (a) shall not be construed to eliminate the National
Institute of Standards and Technology or the National Technical
Information Service.

(c) Conforming Amendments.--
(1) Title 5, united states code.--Section 5314 of title 5,
United States Code, is amended by striking ``Under Secretary of
Commerce for Technology.''.
(2) National institute of standards and technology.--The
National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended--
(A) in section 2 of such Act (15 U.S.C. 272)--
(i) in subsection (b), by striking ``and, if
appropriate, through other officials,''; and
(ii) in subsection (c), by striking ``and, if
appropriate, through other appropriate
officials,''; and
(B) in section 5 of such Act (15 U.S.C. 274), by
striking ``The Director shall have the general'' and
inserting ``The Director shall report directly to the
Secretary and shall have the general''.
(3) Definitions.--Section 4 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3703) is amended--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (2) through (13) as
paragraphs (1) through (11), respectively.
(4) Functions of secretary.--Section 11(g)(1) of such Act
(15 U.S.C. 3710(g)(1)) is amended by striking ``through the
Under Secretary, and''.
(5) Repeal of authorization.--Section 21(a) of such Act (15
U.S.C. 3713(a)) is amended--
(A) in paragraph (1), by striking ``sections 5,
11(g), and 16'' and inserting ``sections 11(g) and 16'';
and
(B) in paragraph (2), by striking ``$500,000 is
authorized only for the purpose of carrying out the
requirements

[[Page 587]]
121 STAT. 587

of the Japanese technical literature program established
under section 5(d) of this Act;''.
(6) High-performance computing act of 1991.--Section 208 of
the High-Performance Computing Act of 1991 (15 U.S.C. 5528) is
amended by striking subsection (c) and redesignating subsection
(d) as subsection (c).
(7) Assistive technology act of 1998.--Section 6(b)(4)(B)(v)
of the Assistive Technology Act of 1998 (29 U.S.C.
3005(b)(4)(B)(v)) is amended by striking ``the Technology
Administration of the Department of Commerce,'' and inserting
``the National Institute of Standards and Technology,''.

SEC. 3003. MANUFACTURING EXTENSION PARTNERSHIP.

(a) Clarification of Eligible Contributions in Connection With
Regional Centers Responsible for Implementing the Objectives of the
Program.--Paragraph (3) of section 25(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(c)(3)) is amended to read
as follows:
``(3)(A) Any nonprofit institution, or group thereof, or consortia
of nonprofit institutions, including entities existing on August 23,
1988, may submit to the Secretary an application for financial support
under this subsection, in accordance with the procedures established by
the Secretary and published in the Federal Register under paragraph (2).
``(B) In order to receive assistance under this section, an
applicant for financial assistance under subparagraph (A) shall provide
adequate assurances that non-Federal assets obtained from the applicant
and the applicant's partnering organizations will be used as a funding
source to meet not less than 50 percent of the costs incurred for the
first 3 years and an increasing share for each of the last 3 years. For
purposes of the preceding sentence, the costs incurred means the costs
incurred in connection with the activities undertaken to improve the
management, productivity, and technological performance of small- and
medium-sized manufacturing companies.
``(C) In meeting the 50 percent requirement, it is anticipated that
a Center will enter into agreements with other entities such as private
industry, universities, and State governments to accomplish programmatic
objectives and access new and existing resources that will further the
impact of the Federal investment made on behalf of small- and medium-
sized manufacturing companies. All non-Federal costs, contributed by
such entities and determined by a Center as programmatically reasonable
and allocable under MEP program procedures are includable as a portion
of the Center's contribution.
``(D) [NOTE: Proposal.] Each applicant under subparagraph (A)
shall also submit a proposal for the allocation of the legal rights
associated with any invention which may result from the proposed
Center's activities.''.

(b) [NOTE: Notification.] Manufacturing Center Evaluation.--
Paragraph (5) of section 25(c) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(c)(5)) is amended by inserting ``A
Center that has not received a positive evaluation by the evaluation
panel shall be notified by the panel of the deficiencies in its
performance and shall be placed on probation for one year, after which
time the panel shall reevaluate the Center. If the Center has not

[[Page 588]]
121 STAT. 588

addressed the deficiencies identified by the panel, or shown a
significant improvement in its performance, the Director shall conduct a
new competition to select an operator for the Center or may close the
Center.'' after ``at declining levels.''.

(c) Federal Share.--Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k) is amended by striking
subsection (d) and inserting the following:
``(d) Acceptance of Funds.--
``(1) In general.--In addition to such sums as may be
appropriated to the Secretary and Director to operate the
Centers program, the Secretary and Director also may accept
funds from other Federal departments and agencies and under
section 2(c)(7) from the private sector for the purpose of
strengthening United States manufacturing.
``(2) Allocation of funds.--
``(A) Funds accepted from other federal departments
or agencies.--The Director shall determine whether funds
accepted from other Federal departments or agencies
shall be counted in the calculation of the Federal share
of capital and annual operating and maintenance costs
under subsection (c).
``(B) Funds accepted from the private sector.--Funds
accepted from the private sector under section 2(c)(7),
if allocated to a Center, shall not be considered in the
calculation of the Federal share under subsection (c) of
this section.''.

(d) MEP Advisory Board.--Such section 25 is further amended by
adding at the end the following:
``(e) MEP Advisory Board.--
``(1) Establishment.--There is established within the
Institute a Manufacturing Extension Partnership Advisory Board
(in this subsection referred to as the `MEP Advisory Board').
``(2) Membership.--
``(A) In general.--The MEP Advisory Board shall
consist of 10 members broadly representative of
stakeholders, to be appointed by the Director. At least
2 members shall be employed by or on an advisory board
for the Centers, and at least 5 other members shall be
from United States small businesses in the manufacturing
sector. No member shall be an employee of the Federal
Government.
``(B) Term.--Except as provided in subparagraph (C)
or (D), the term of office of each member of the MEP
Advisory Board shall be 3 years.
``(C) Classes.--The original members of the MEP
Advisory Board shall be appointed to 3 classes. One
class of 3 members shall have an initial term of 1 year,
one class of 3 members shall have an initial term of 2
years, and one class of 4 members shall have an initial
term of 3 years.
``(D) Vacancies.--Any member appointed to fill a
vacancy occurring prior to the expiration of the term
for which his predecessor was appointed shall be
appointed for the remainder of such term.
``(E) Serving consecutive terms.--Any person who has
completed two consecutive full terms of service on the
MEP Advisory Board shall thereafter be ineligible for

[[Page 589]]
121 STAT. 589

appointment during the one-year period following the
expiration of the second such term.
``(3) Meetings.--The MEP Advisory Board shall meet not less
than 2 times annually, and provide to the Director--
``(A) advice on Manufacturing Extension Partnership
programs, plans, and policies;
``(B) assessments of the soundness of Manufacturing
Extension Partnership plans and strategies; and
``(C) assessments of current performance against
Manufacturing Extension Partnership program plans.
``(4) Federal advisory committee act.--In discharging its
duties under this subsection, the MEP Advisory Board shall
function solely in an advisory capacity, in accordance with the
Federal Advisory Committee Act.
``(5) Report.--The MEP Advisory Board shall transmit an
annual report to the Secretary for transmittal to Congress
within 30 days after the submission to Congress of the
President's annual budget request in each year. Such report
shall address the status of the program established pursuant to
this section and comment on the relevant sections of the
programmatic planning document and updates thereto transmitted
to Congress by the Director under subsections (c) and (d) of
section 23.''.

(e) Manufacturing Extension Center Competitive Grant Program.--Such
section 25 is further amended by adding at the end the following:
``(f) Competitive Grant Program.--
``(1) Establishment.--The Director shall establish, within
the Centers program under this section and section 26 of this
Act, a program of competitive awards among participants
described in paragraph (2) for the purposes described in
paragraph (3).
``(2) Participants.--Participants receiving awards under
this subsection shall be the Centers, or a consortium of such
Centers.
``(3) Purpose.--The purpose of the program under this
subsection is to develop projects to solve new or emerging
manufacturing problems as determined by the Director, in
consultation with the Director of the Centers program, the
Manufacturing Extension Partnership Advisory Board, and small
and medium-sized manufacturers. One or more themes for the
competition may be identified, which may vary from year to year,
depending on the needs of manufacturers and the success of
previous competitions. These themes shall be related to projects
associated with manufacturing extension activities, including
supply chain integration and quality management, and including
the transfer of technology based on the technological needs of
manufacturers and available technologies from institutions of
higher education, laboratories, and other technology producing
entities, or extend beyond these traditional areas.
``(4) Applications.--Applications for awards under this
subsection shall be submitted in such manner, at such time, and
containing such information as the Director shall require, in
consultation with the Manufacturing Extension Partnership
Advisory Board.

[[Page 590]]
121 STAT. 590

``(5) Selection.--Awards under this subsection shall be peer
reviewed and competitively awarded. The Director shall select
proposals to receive awards--
``(A) that utilize innovative or collaborative
approaches to solving the problem described in the
competition;
``(B) that will improve the competitiveness of
industries in the region in which the Center or Centers
are located; and
``(C) that will contribute to the long-term economic
stability of that region.
``(6) Program contribution.--Recipients of awards under this
subsection shall not be required to provide a matching
contribution.''.

SEC. 3004. INSTITUTE-WIDE PLANNING REPORT.

Section 23 of the National Institute of Standards and Technology Act
(15 U.S.C. 278i) is amended by adding at the end the following:
``(c) Three-Year Programmatic Planning Document.--Concurrent with
the submission to Congress of the President's annual budget request in
the first year after the date of enactment of this subsection, the
Director shall submit to Congress a 3-year programmatic planning
document for the Institute, including programs under the Scientific and
Technical Research and Services, Industrial Technology Services, and
Construction of Research Facilities functions.
``(d) Annual Update on Three-Year Programmatic Planning Document.--
Concurrent with the submission to the Congress of the President's annual
budget request in each year after the date of enactment of this
subsection, the Director shall submit to Congress an update to the 3-
year programmatic planning document submitted under subsection (c),
revised to cover the first 3 fiscal years after the date of that
update.''.

SEC. 3005. REPORT BY VISITING COMMITTEE.

Section 10(h)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278(h)(1)) is amended--
(1) by striking ``on or before January 31 in each year'' and
inserting ``not later than 30 days after the submittal to
Congress of the President's annual budget request in each
year''; and
(2) by adding to the end the following: ``Such report also
shall comment on the programmatic planning document and updates
thereto submitted to Congress by the Director under subsections
(c) and (d) of section 23.''.

SEC. 3006. MEETINGS OF VISITING COMMITTEE ON ADVANCED TECHNOLOGY.

Section 10(d) of the National Institute of Standards and Technology
Act (15 U.S.C. 278(d)) is amended by striking ``quarterly'' and
inserting ``twice each year''.

SEC. 3007. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.

The National Institute of Standards and Technology Act is amended--
(1) by redesignating the first section 32 (15 U.S.C. 271
note) as section 34 and moving it to the end of the Act; and

[[Page 591]]
121 STAT. 591

(2) by inserting before the section moved by paragraph (1)
the following new section:

``SEC. 33. [NOTE: 15 USC 278r.] COLLABORATIVE MANUFACTURING RESEARCH
PILOT GRANTS.

``(a) Authority.--
``(1) Establishment.--The Director shall establish a pilot
program of awards to partnerships among participants described
in paragraph (2) for the purposes described in paragraph (3).
Awards shall be made on a peer-reviewed, competitive basis.
``(2) Participants.--Such partnerships shall include at
least--
``(A) 1 manufacturing industry partner; and
``(B) 1 nonindustry partner.
``(3) Purpose.--The purpose of the program under this
section is to foster cost-shared collaborations among firms,
educational institutions, research institutions, State agencies,
and nonprofit organizations to encourage the development of
innovative, multidisciplinary manufacturing technologies.
Partnerships receiving awards under this section shall conduct
applied research to develop new manufacturing processes,
techniques, or materials that would contribute to improved
performance, productivity, and competitiveness of United States
manufacturing, and build lasting alliances among collaborators.

``(b) Program Contribution.--Awards under this section shall provide
for not more than one-third of the costs of a partnership. Not more than
an additional one-third of such costs may be obtained directly or
indirectly from other Federal sources.
``(c) Applications.--Applications for awards under this section
shall be submitted in such manner, at such time, and containing such
information as the Director shall require. Such applications shall
describe at a minimum--
``(1) how each partner will participate in developing and
carrying out the research agenda of the partnership;
``(2) the research that the grant would fund; and
``(3) how the research to be funded with the award would
contribute to improved performance, productivity, and
competitiveness of the United States manufacturing industry.

``(d) Selection Criteria.--In selecting applications for awards
under this section, the Director shall consider at a minimum--
``(1) the degree to which projects will have a broad impact
on manufacturing;
``(2) the novelty and scientific and technical merit of the
proposed projects; and
``(3) the demonstrated capabilities of the applicants to
successfully carry out the proposed research.

``(e) Distribution.--In selecting applications under this section
the Director shall ensure, to the extent practicable, a distribution of
overall awards among a variety of manufacturing industry sectors and a
range of firm sizes.
``(f) Duration.--In carrying out this section, the Director shall
run a single pilot competition to solicit and make awards. Each award
shall be for a 3-year period.''.

SEC. 3008. MANUFACTURING FELLOWSHIP PROGRAM.

Section 18 of the National Institute of Standards and Technology Act
(15 U.S.C. 278g-1) is amended--

[[Page 592]]
121 STAT. 592

(1) by inserting ``(a) In General.--'' before ``The Director
is authorized''; and
(2) by adding at the end the following new subsection:

``(b) Manufacturing Fellowship Program.--
``(1) Establishment.--To promote the development of a robust
research community working at the leading edge of manufacturing
sciences, the Director shall establish a program to award--
``(A) postdoctoral research fellowships at the
Institute for research activities related to
manufacturing sciences; and
``(B) senior research fellowships to established
researchers in industry or at institutions of higher
education who wish to pursue studies related to the
manufacturing sciences at the Institute.
``(2) Applications.--To be eligible for an award under this
subsection, an individual shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may require.
``(3) Stipend levels.--Under this subsection, the Director
shall provide stipends for postdoctoral research fellowships at
a level consistent with the National Institute of Standards and
Technology Postdoctoral Research Fellowship Program, and senior
research fellowships at levels consistent with support for a
faculty member in a sabbatical position.''.

SEC. 3009. [NOTE: 15 USC 275 note.] PROCUREMENT OF TEMPORARY AND
INTERMITTENT SERVICES.

(a) In General.--The Director of the National Institute of Standards
and Technology may procure the temporary or intermittent services of
experts or consultants (or organizations thereof) in accordance with
section 3109(b) of title 5, United States Code, to assist with urgent or
short-term research projects.
(b) Extent of Authority.--A procurement under this section may not
exceed 1 year in duration, and the Director shall procure no more than
200 experts and consultants per year.
(c) Sunset.--This section shall cease to be effective after
September 30, 2010.
(d) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General shall submit to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on whether additional safeguards would be needed with respect to
the use of authorities granted under this section if such authorities
were to be made permanent.

SEC. 3010. MALCOLM BALDRIGE AWARDS.

Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3711a(c)(3)) is amended to read as follows:
``(3) In any year, not more than 18 awards may be made under this
section to recipients who have not previously received an award under
this section, and no award shall be made within any category described
in paragraph (1) if there are no qualifying enterprises in that
category.''.

[[Page 593]]
121 STAT. 593

SEC. 3011. REPORT ON NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
EFFORTS TO RECRUIT AND RETAIN EARLY CAREER SCIENCE AND
ENGINEERING RESEARCHERS.

Not later than 3 months after the date of the enactment of this Act,
the Director of the National Institute of Standards and Technology shall
submit to the Committee on Science and Technology of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate a report on efforts to recruit and retain
young scientists and engineers at the early stages of their careers at
the National Institute of Standards and Technology laboratories and
joint institutes. The report shall include--
(1) a description of National Institute of Standards and
Technology policies and procedures, including financial
incentives, awards, promotions, time set aside for independent
research, access to equipment or facilities, and other forms of
recognition, designed to attract and retain young scientists and
engineers;
(2) an evaluation of the impact of these incentives on the
careers of young scientists and engineers at the National
Institute of Standards and Technology, and also on the quality
of the research at the National Institute of Standards and
Technology's laboratories and in the National Institute of
Standards and Technology's programs;
(3) a description of what barriers, if any, exist to efforts
to recruit and retain young scientists and engineers, including
limited availability of full time equivalent positions, legal
and procedural requirements, and pay grading systems; and
(4) the amount of funding devoted to efforts to recruit and
retain young researchers and the source of such funds.

SEC. 3012. TECHNOLOGY INNOVATION PROGRAM.

(a) Repeal of Advanced Technology Program.--Section 28 of the
National Institute of Standards and Technology Act (15 U.S.C. 278n) is
repealed.
(b) Establishment of Technology Innovation Program.--The National
Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is
amended by inserting after section 27 the following:

``SEC. 28. [NOTE: 15 USC 278n.] TECHNOLOGY INNOVATION PROGRAM.

``(a) Establishment.--There is established within the Institute a
program linked to the purpose and functions of the Institute, to be
known as the `Technology Innovation Program' for the purpose of
assisting United States businesses and institutions of higher education
or other organizations, such as national laboratories and nonprofit
research institutions, to support, promote, and accelerate innovation in
the United States through high-risk, high-reward research in areas of
critical national need.
``(b) External Funding.--
``(1) In general.--The Director shall award competitive,
merit-reviewed grants, cooperative agreements, or contracts to--
``(A) eligible companies that are small-sized
businesses or medium-sized businesses; or
``(B) joint ventures.
``(2) Single company awards.--No award given to a single
company shall exceed $3,000,000 over 3 years.

[[Page 594]]
121 STAT. 594

``(3) Joint venture awards.--No award given to a joint
venture shall exceed $9,000,000 over 5 years.
``(4) Federal cost share.--The Federal share of a project
funded by an award under the program shall not be more than 50
percent of total project costs.
``(5) Prohibitions.--Federal funds awarded under this
program may be used only for direct costs and not for indirect
costs, profits, or management fees of a contractor. Any business
that is not a small-sized or medium-sized business may not
receive any funding under this program.

``(c) Award Criteria.--The Director shall only provide assistance
under this section to an entity--
``(1) whose proposal has scientific and technical merit and
may result in intellectual property vesting in a United States
entity that can commercialize the technology in a timely manner;
``(2) whose application establishes that the proposed
technology has strong potential to address critical national
needs through transforming the Nation's capacity to deal with
major societal challenges that are not currently being
addressed, and generate substantial benefits to the Nation that
extend significantly beyond the direct return to the applicant;
``(3) whose application establishes that the research has
strong potential for advancing the state-of-the-art and
contributing significantly to the United States science and
technology knowledge base;
``(4) whose proposal explains why Technology Innovation
Program support is necessary, including evidence that the
research will not be conducted within a reasonable time period
in the absence of financial assistance under this section;
``(5) whose application demonstrates that reasonable efforts
have been made to secure funding from alternative funding
sources and no other alternative funding sources are reasonably
available to support the proposal; and
``(6) whose application explains the novelty of the
technology and demonstrates that other entities have not already
developed, commercialized, marketed, distributed, or sold
similar technologies.

``(d) Competitions.--The Director shall solicit proposals at least
annually to address areas of critical national need for high-risk, high-
reward projects.
``(e) Intellectual Property Rights Ownership.--
``(1) In general.--Title to any intellectual property
developed by a joint venture from assistance provided under this
section may vest in any participant in the joint venture, as
agreed by the members of the joint venture, notwithstanding
section 202 (a) and (b) of title 35, United States Code. The
United States may reserve a nonexclusive, nontransferable,
irrevocable paid-up license, to have practice for or on behalf
of the United States in connection with any such intellectual
property, but shall not in the exercise of such license publicly
disclose proprietary information related to the license. Title
to any such intellectual property shall not be transferred or
passed, except to a participant in the joint venture, until the
expiration of the first patent obtained in connection with such
intellectual property.

[[Page 595]]
121 STAT. 595

``(2) Licensing.--Nothing in this subsection shall be
construed to prohibit the licensing to any company of
intellectual property rights arising from assistance provided
under this section.
``(3) Definition.--For purposes of this subsection, the term
`intellectual property' means an invention patentable under
title 35, United States Code, or any patent on such an
invention, or any work for which copyright protection is
available under title 17, United States Code.

``(f) Program Operation.--Not [NOTE: Deadline. Regulations.] later
than 9 months after the date of the enactment of this section, the
Director shall promulgate regulations--
``(1) establishing criteria for the selection of recipients
of assistance under this section;
``(2) establishing procedures regarding financial reporting
and auditing to ensure that awards are used for the purposes
specified in this section, are in accordance with sound
accounting practices, and are not funding existing or planned
research programs that would be conducted within a reasonable
time period in the absence of financial assistance under this
section; and
``(3) providing for appropriate dissemination of Technology
Innovation Program research results.

``(g) Annual Report.--The Director shall submit annually to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Science and Technology of the House of Representatives a
report describing the Technology Innovation Program's activities,
including a description of the metrics upon which award funding
decisions were made in the previous fiscal year, any proposed changes to
those metrics, metrics for evaluating the success of ongoing and
completed awards, and an evaluation of ongoing and completed awards. The
first annual report shall include best practices for management of
programs to stimulate high-risk, high-reward research.
``(h) Continuation of ATP Grants.--The Director shall, through the
Technology Innovation Program, continue to provide support originally
awarded under the Advanced Technology Program, in accordance with the
terms of the original award and consistent with the goals of the
Technology Innovation Program.
``(i) Coordination With Other State and Federal Technology
Programs.--In carrying out this section, the Director shall, as
appropriate, coordinate with other senior State and Federal officials to
ensure cooperation and coordination in State and Federal technology
programs and to avoid unnecessary duplication of efforts.
``(j) Acceptance of Funds From Other Federal Agencies.--In addition
to amounts appropriated to carry out this section, the Secretary and the
Director may accept funds from other Federal agencies to support awards
under the Technology Innovation Program. Any award under this section
which is supported with funds from other Federal agencies shall be
selected and carried out according to the provisions of this section.
Funds accepted from other Federal agencies shall be included as part of
the Federal cost share of any project funded under this section.
``(k) TIP Advisory Board.--
``(1) Establishment.--There is established within the
Institute a TIP Advisory Board.
``(2) Membership.--

[[Page 596]]
121 STAT. 596

``(A) In general.--The TIP Advisory Board shall
consist of 10 members appointed by the Director, at
least 7 of whom shall be from United States industry,
chosen to reflect the wide diversity of technical
disciplines and industrial sectors represented in
Technology Innovation Program projects. No member shall
be an employee of the Federal Government.
``(B) Term.--Except as provided in subparagraph (C)
or (D), the term of office of each member of the TIP
Advisory Board shall be 3 years.
``(C) Classes.--The original members of the TIP
Advisory Board shall be appointed to 3 classes. One
class of 3 members shall have an initial term of 1 year,
one class of 3 members shall have an initial term of 2
years, and one class of 4 members shall have an initial
term of 3 years.
``(D) Vacancies.--Any member appointed to fill a
vacancy occurring prior to the expiration of the term
for which his predecessor was appointed shall be
appointed for the remainder of such term.
``(E) Serving consecutive terms.--Any person who has
completed 2 consecutive full terms of service on the TIP
Advisory Board shall thereafter be ineligible for
appointment during the 1-year period following the
expiration of the second such term.
``(3) Purpose.--The TIP Advisory Board shall meet not less
than 2 times annually, and provide the Director--
``(A) advice on programs, plans, and policies of the
Technology Innovation Program;
``(B) reviews of the Technology Innovation Program's
efforts to accelerate the research and development of
challenging, high-risk, high-reward technologies in
areas of critical national need;
``(C) reports on the general health of the program
and its effectiveness in achieving its legislatively
mandated mission; and
``(D) guidance on investment areas that are
appropriate for Technology Innovation Program funding;
``(4) Advisory capacity.--In discharging its duties under
this subsection, the TIP Advisory Board shall function solely in
an advisory capacity, in accordance with the Federal Advisory
Committee Act.
``(5) Annual report.--The TIP Advisory Board shall transmit
an annual report to the Secretary for transmittal to the
Congress not later than 30 days after the submission to Congress
of the President's annual budget request in each year. Such
report shall address the status of the Technology Innovation
Program and comment on the relevant sections of the programmatic
planning document and updates thereto transmitted to Congress by
the Director under subsections (c) and (d) of section 23.

``(l) Definitions.--In this section--
``(1) the term `eligible company' means a small-sized or
medium-sized business that is incorporated in the United States
and does a majority of its business in the United States, and
that either--

[[Page 597]]
121 STAT. 597

``(A) is majority owned by citizens of the United
States; or
``(B) is owned by a parent company incorporated in
another country and the Director finds that--
``(i) the company's participation in the
Technology Innovation Program would be in the
economic interest of the United States, as
evidenced by--
``(I) investments in the United
States in research and manufacturing;
``(II) significant contributions to
employment in the United States; and
``(III) agreement with respect to
any technology arising from assistance
provided under this section to promote
the manufacture within the United States
of products resulting from that
technology; and
``(ii) the company is incorporated in a
country which--
``(I) affords to United States-owned
companies opportunities, comparable to
those afforded to any other company, to
participate in any joint venture similar
to those receiving funding under this
section;
``(II) affords to United States-
owned companies local investment
opportunities comparable to those
afforded any other company; and
``(III) affords adequate and
effective protection for intellectual
property rights of United States-owned
companies;
``(2) the term `high-risk, high-reward research' means
research that--
``(A) has the potential for yielding
transformational results with far-ranging or wide-
ranging implications;
``(B) addresses critical national needs within the
National Institute of Standards and Technology's areas
of technical competence; and
``(C) is too novel or spans too diverse a range of
disciplines to fare well in the traditional peer-review
process;
``(3) the term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001);
``(4) the term `joint venture' means a joint venture that--
``(A) includes either--
``(i) at least 2 separately owned for-profit
companies that are both substantially involved in
the project and both of which are contributing to
the cost-sharing required under this section, with
the lead entity of the joint venture being one of
those companies that is a small-sized or medium-
sized business; or
``(ii) at least 1 small-sized or medium-sized
business and 1 institution of higher education or
other organization, such as a national laboratory
or nonprofit research institute, that are both
substantially involved in the project and both of
which are contributing to the cost-sharing
required under this section, with the lead entity
of the joint venture being either that small-

[[Page 598]]
121 STAT. 598

sized or medium-sized business or that institution
of higher education; and
``(B) may include additional for-profit companies,
institutions of higher education, and other
organizations, such as national laboratories and
nonprofit research institutes, that may or may not
contribute non-Federal funds to the project; and
``(5) the term `TIP Advisory Board' means the advisory board
established under subsection (k).''.

(c) [NOTE: 15 USC 278n note.] Transition.--Notwithstanding the
repeal made by subsection (a), the Director shall carry out section 28
of the National Institute of Standards and Technology Act (15 U.S.C.
278n) as such section was in effect on the day before the date of the
enactment of this Act, with respect to applications for grants under
such section submitted before such date, until the earlier of--
(1) the date that the Director promulgates the regulations
required under section 28(f) of the National Institute of
Standards and Technology Act, as added by subsection (b); or
(2) December 31, 2007.

SEC. 3013. TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE OF STANDARDS
AND TECHNOLOGY ACT AND OTHER TECHNICAL AMENDMENTS.

(a) Research Fellowships.--Section 18 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-l) is amended by striking
``up to 1 per centum of the'' and inserting ``up to 1.5 percent of
the''.
(b) Financial Agreements Clarification.--Section 2(b)(4) of the
National Institute of Standards and Technology Act (15 U.S.C. 272(b)(4))
is amended by inserting ``and grants and cooperative agreements,'' after
``arrangements,''.
(c) Outdated Specifications.--
(1) Redefinition of the metric system.--Section 3570 of the
Revised Statutes of the United States (derived from section 2 of
the Act of July 28, 1866, entitled ``An Act to authorize the Use
of the Metric System of Weights and Measures'' (15 U.S.C. 205;
14 Stat. 339)) is amended to read as follows:

``SEC. 3570. [NOTE: 15 USC 205.] METRIC SYSTEM DEFINED.

``The metric system of measurement shall be defined as the
International System of Units as established in 1960, and subsequently
maintained, by the General Conference of Weights and Measures, and as
interpreted or modified for the United States by the Secretary of
Commerce.''.
(2) Repeal of redundant and obsolete authority.--The Act of
July 21, 1950, entitled, ``An Act To redefine the units and
establish the standards of electrical and photometric
measurements.'' (15 U.S.C. 223 and 224) is hereby repealed.
(3) Standard time.--Section 1 of the Act of March 19, 1918,
(commonly known as the ``Calder Act'') (15 U.S.C. 261) is
amended--
(A) by inserting ``(a) In General.--'' before ``For
the purpose'';
(B) by striking the second sentence and the extra
period after it and inserting ``Except as provided in
section 3(a) of the Uniform Time Act of 1966 (15 U.S.C.
260a), the

[[Page 599]]
121 STAT. 599

standard time of the first zone shall be Coordinated
Universal Time retarded by 4 hours; that of the second
zone retarded by 5 hours; that of the third zone
retarded by 6 hours; that of the fourth zone retarded by
7 hours; that of the fifth zone retarded 8 hours; that
of the sixth zone retarded by 9 hours; that of the
seventh zone retarded by 10 hours; that of the eighth
zone retarded by 11 hours; and that of the ninth zone
shall be Coordinated Universal Time advanced by 10
hours.''; and
(C) by adding at the end the following:

``(b) Coordinated Universal Time Defined.--In this section, the term
`Coordinated Universal Time' means the time scale maintained through the
General Conference of Weights and Measures and interpreted or modified
for the United States by the Secretary of Commerce in coordination with
the Secretary of the Navy.''.
(4) Idaho time zone.--Section 3 of the Act of March 19,
1918, (commonly known as the ``Calder Act'') (15 U.S.C. 264) is
amended by striking ``third zone'' and inserting ``fourth
zone''.

(d) Non-Energy Inventions Program.--Section 27 of the National
Institute of Standards and Technology Act (15 U.S.C. 278m) is repealed.

SEC. 3014. RETENTION OF DEPRECIATION SURCHARGE.

Section 14 of the National Institute of Standards and Technology Act
(15 U.S.C. 278d) is amended--
(1) by inserting ``(a) In General.--'' before ``Within'';
and
(2) by adding at the end the following:

``(b) Retention of Fees.--The Director is authorized to retain all
building use and depreciation surcharge fees collected pursuant to OMB
Circular A-25. Such fees shall be collected and credited to the
Construction of Research Facilities Appropriation Account for use in
maintenance and repair of the Institute's existing facilities.''.

SEC. 3015. POST-DOCTORAL FELLOWS.

Section 19 of the National Institute of Standards and Technology Act
(15 U.S.C. 278g-2) is amended by striking ``nor more than 60 new
fellows'' and inserting ``nor more than 120 new fellows''.

TITLE IV--OCEAN AND ATMOSPHERIC PROGRAMS

SEC. 4001. [NOTE: 33 USC 893.] OCEAN AND ATMOSPHERIC RESEARCH AND
DEVELOPMENT PROGRAM.

The Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Director of the National
Science Foundation and the Administrator of the National Aeronautics and
Space Administration, shall establish a coordinated program of ocean,
coastal, Great Lakes, and atmospheric research and development, in
collaboration with academic institutions and other nongovernmental
entities, that shall focus on the development of advanced technologies
and analytical methods that will promote United States leadership in
ocean and atmospheric science and competitiveness in the applied uses of
such knowledge.

[[Page 600]]
121 STAT. 600

SEC. 4002. [NOTE: 33 USC 893a.] NOAA OCEAN AND ATMOSPHERIC SCIENCE
EDUCATION PROGRAMS.

(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall conduct, develop, support, promote, and
coordinate formal and informal educational activities at all levels to
enhance public awareness and understanding of ocean, coastal, Great
Lakes, and atmospheric science and stewardship by the general public and
other coastal stakeholders, including underrepresented groups in ocean
and atmospheric science and policy careers. In conducting those
activities, the Administrator shall build upon the educational programs
and activities of the agency.
(b) NOAA Science Education Plan.--The Administrator, appropriate
National Oceanic and Atmospheric Administration programs, ocean
atmospheric science and education experts, and interested members of the
public shall develop a science education plan setting forth education
goals and strategies for the Administration, as well as programmatic
actions to carry out such goals and priorities over the next 20 years,
and evaluate and update such plan every 5 years.
(c) Construction.--Nothing in this section may be construed to
affect the application of section 438 of the General Education
Provisions Act (20 U.S.C. 1232a) or sections 504 and 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794 and 794d).

SEC. 4003. [NOTE: 33 USC 893b.] NOAA'S CONTRIBUTION TO INNOVATION.

(a) Participation in Interagency Activities.--The National Oceanic
and Atmospheric Administration shall be a full participant in any
interagency effort to promote innovation and economic competitiveness
through near-term and long-term basic scientific research and
development and the promotion of science, technology, engineering, and
mathematics education, consistent with the agency mission, including
authorized activities.
(b) Historic Foundation.--In order to carry out the participation
described in subsection (a), the Administrator of the National Oceanic
and Atmospheric Administration shall build on the historic role of the
National Oceanic and Atmospheric Administration in stimulating
excellence in the advancement of ocean and atmospheric science and
engineering disciplines and in providing opportunities and incentives
for the pursuit of academic studies in science, technology, engineering,
and mathematics.

TITLE [NOTE: Protecting America's Competitive Edge Through Energy
Act. 42 USC 15801 note.] V--DEPARTMENT OF ENERGY

SEC. 5001. SHORT TITLE.

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

SEC. 5002. [NOTE: 42 USC 16531.] DEFINITIONS.

In this title:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

[[Page 601]]
121 STAT. 601

(3) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy Policy
Act of 2005 (42 U.S.C. 15801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.

SEC. 5003. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION AT THE
DEPARTMENT OF ENERGY.

(a) Science Education Programs.--Section 3164 of the Department of
Energy Science Education Enhancement Act (42 U.S.C. 7381a) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (f), respectively;
(2) by inserting after subsection (a) the following:

``(b) Organization of Science, Engineering, and Mathematics
Education Programs.--
``(1) Director of science, engineering, and mathematics
education.--Notwithstanding any other provision of law, the
Secretary, acting through the Under Secretary for Science
(referred to in this subsection as the `Under Secretary'), shall
appoint a Director of Science, Engineering, and Mathematics
Education (referred to in this subsection as the `Director')
with the principal responsibility for administering science,
engineering, and mathematics education programs across all
functions of the Department.
``(2) Qualifications.--The Director shall be an individual,
who by reason of professional background and experience, is
specially qualified to advise the Under Secretary on all matters
pertaining to science, engineering, and mathematics education at
the Department.
``(3) Duties.--The Director shall--
``(A) oversee all science, engineering, and
mathematics education programs of the Department;
``(B) represent the Department as the principal
interagency liaison for all science, engineering, and
mathematics education programs, unless otherwise
represented by the Secretary or the Under Secretary;
``(C) [NOTE: Budget.] prepare the annual budget
and advise the Under Secretary on all budgetary issues
for science, engineering, and mathematics education
programs of the Department;
``(D) increase, to the maximum extent practicable,
the participation and advancement of women and
underrepresented minorities at every level of science,
technology, engineering, and mathematics education; and
``(E) perform other such matters relating to
science, engineering, and mathematics education as are
required by the Secretary or the Under Secretary.
``(4) Staff and other resources.--The Secretary shall assign
to the Director such personnel and other resources as the
Secretary considers necessary to permit the Director to carry
out the duties of the Director.
``(5) Assessment.--
``(A) In general.--
The [NOTE: Contracts. Deadlines.] 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

[[Page 602]]
121 STAT. 602

the science, engineering, and mathematics education
programs of the Department.
``(B) Considerations.--An assessment under this
paragraph shall be conducted taking into consideration,
where applicable, the effect of science, engineering,
and mathematics education programs of the Department on
student academic achievement in science and mathematics.
``(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.''; and
(3) by striking subsection (d) (as redesignated by paragraph
(1)) and inserting the following:

``(d) Science, Engineering, and Mathematics Education Fund.--The
Secretary shall establish a Science, Engineering, and Mathematics
Education Fund, using not less than 0.3 percent of the amount made
available to the Department for research, development, demonstration,
and commercial application for each fiscal year, to carry out sections
3165, 3166, and 3167.
``(e) Annual Plan for Allocation of
Education [NOTE: Reports.] Funding.--The Secretary shall submit to
Congress as part of the annual budget submission for a fiscal year a
report describing the manner in which the Department has complied with
subsection (d) for the prior fiscal year and the manner in which the
Department proposes to comply with subsection (d) during the following
fiscal year, including--
``(1) the total amount of funding for research, development,
demonstration, and commercial application activities for the
corresponding fiscal year;
``(2) the amounts set aside for the Science, Engineering,
and Mathematics Education Fund under subsection (d) from funding
for research activities, development activities, demonstration
activities, and commercial application activities for the
corresponding fiscal year; and
``(3) a description of how the funds set aside under
subsection (d) were allocated for the prior fiscal year and will
be allocated for the following fiscal year.''.

(b) [NOTE: 42 USC 7381g note.] Consultation.--The Secretary
shall--
(1) consult with the Secretary of Education and the Director
of the National Science Foundation regarding activities
authorized under subpart B of the Department of Energy Science
Education Enhancement Act (as added by subsection (d)(3)) to
improve science and mathematics education; and
(2) otherwise make available to the Secretary of Education
reports associated with programs authorized under that section.

(c) Definition.--Section 3168 of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381d) is amended by adding at the
end the following:
``(5) National laboratory.--The term `National Laboratory'
has the meaning given the term in section 2 of the Energy Policy
Act of 2005 (42 U.S.C. 15801).''.

(d) Science, Engineering, and Mathematics Education Programs.--The
Department of Energy Science Education Enhancement Act (42 U.S.C. 7381
et seq.) is amended--
(1) by inserting after section 3162 (42 U.S.C. 7381) the
following:

[[Page 603]]
121 STAT. 603

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

(2) in section 3169 (42 U.S.C. 7381e), by striking ``part''
and inserting ``subpart''; and
(3) by adding at the end the following:

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

``SEC. 3170. [NOTE: 42 USC 7381g.] DEFINITIONS.

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

``CHAPTER [NOTE: Inter- governmental relations.] 1--PILOT PROGRAM OF
GRANTS TO SPECIALTY SCHOOLS FOR SCIENCE AND MATHEMATICS

``SEC. 3171. [NOTE: 42 USC 7381h.] PILOT PROGRAM OF GRANTS TO
SPECIALTY SCHOOLS FOR SCIENCE AND MATHEMATICS.

``(a) Purpose.--The purpose of this section is to establish a pilot
program of grants to States to help establish or expand public,
statewide specialty secondary schools that provide comprehensive science
and mathematics (including technology and engineering) education to
improve the academic achievement of students in science and mathematics.
``(b) Definition of Specialty School for Science and Mathematics.--
In this chapter, the term `specialty school for science and mathematics'
means a public secondary school (including a school that provides
residential services to students) that--
``(1) serves students residing in the State in which the
school is located; and
``(2) offers to those students a high-quality, comprehensive
science and mathematics (including technology and engineering)
curriculum designed to improve the academic achievement of
students in science and mathematics.

``(c) Pilot Program Authorized.--
``(1) In general.--From the amounts authorized under
subsection (i), the Secretary, acting through the Director and
in consultation with the Director of the National Science
Foundation, shall award grants, on a competitive basis, to
States in order to provide assistance to the States for the
costs of establishing or expanding public, statewide specialty
schools for science and mathematics.
``(2) Resources.--The Director shall ensure that appropriate
resources of the Department, including the National
Laboratories, are available to schools funded under this section
in order to--
``(A) increase experiential, hands-on learning
opportunities in science, technology, engineering, and
mathematics for students attending such schools; and
``(B) provide ongoing professional development
opportunities for teachers employed at such schools.

[[Page 604]]
121 STAT. 604

``(3) Assistance.--Consistent with sections 3165 and 3166,
the Director shall make available from funds authorized in this
section to carry out a program using scientific and engineering
staff of the National Laboratories, during which the staff--
``(A) assists teachers in teaching courses at the
schools funded under this section;
``(B) uses National Laboratory scientific equipment
in teaching the courses; and
``(C) uses distance education and other technologies
to provide assistance described in subparagraphs (A) and
(B) to schools funded under this section that are not
located near the National Laboratories.
``(4) Restrictions.--
``(A) Maximum number of funded specialty schools per
state.--No State shall receive funding for more than 1
specialty school for science and mathematics for a
fiscal year.
``(B) Maximum amount and duration of grants.--A
grant awarded to a State for a specialty school for
science and mathematics under this section--
``(i) shall not exceed $2,000,000 for a fiscal
year; and
``(ii) shall not be provided for more than 3
fiscal years.

``(d) Federal and Non-Federal Shares.--
``(1) Federal share.--The Federal share of the costs
described in subsection (c)(1) shall not exceed 33 percent.
``(2) Non-federal share.--The non-Federal share of the costs
described in subsection (c)(1) shall be--
``(A) not less than 67 percent; and
``(B) provided from non-Federal sources, in cash or
in kind, fairly evaluated, including services.

``(e) Application.--To be eligible to receive a grant under this
section, a State shall submit to the Director an application at such
time, in such manner, and containing such information as the Director
may require that describes--
``(1) the process by which and selection criteria with which
the State will select and designate a school as a specialty
school for science and mathematics in accordance with this
section;
``(2) how the State will ensure that funds made available
under this section are used to establish or expand a specialty
school for science and mathematics--
``(A) in accordance with the activities described in
subsection (g); and
``(B) that has the capacity to improve the academic
achievement of all students in all core academic
subjects, and particularly in science and mathematics;
``(3) how the State will measure the extent to which the
school increases student academic achievement on State academic
achievement standards in science, mathematics, and, to the
maximum extent applicable, technology and engineering;
``(4) the curricula and materials to be used in the school;
``(5) the availability of funds from non-Federal sources for
the costs of the activities authorized under this section; and

[[Page 605]]
121 STAT. 605

``(6) how the State will use technical assistance and
support from the Department, including the National
Laboratories, and other entities with experience and expertise
in science, technology, engineering, and mathematics education,
including institutions of higher education.

``(f) Distribution.--In awarding grants under this section, the
Director shall--
``(1) ensure a wide, equitable distribution among States
that propose to serve students from urban and rural areas; and
``(2) provide equal consideration to States without National
Laboratories.

``(g) Uses of Funds.--
``(1) Requirement.--A State that receives a grant under this
section shall use the funds made available through the grant
to--
``(A) employ proven strategies and methods for
improving student learning and teaching in science,
technology, engineering, and mathematics;
``(B) integrate into the curriculum of the school
comprehensive science and mathematics education,
including instruction and assessments in science,
mathematics, and to the extent applicable, technology
and engineering that are aligned with the academic
content and student academic achievement standards of
the State, within the meaning of section 1111 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311);
``(C) create opportunities for enhanced and ongoing
professional development for teachers that improves the
science, technology, engineering, and mathematics
content knowledge of the teachers; and
``(D) design and implement hands-on laboratory
experiences to help prepare students to pursue
postsecondary studies in science, technology,
engineering, and mathematics fields.
``(2) Special rule.--Grant funds under this section may be
used for activities described in paragraph (1) only if the
activities are directly relating to improving student academic
achievement in science, mathematics, and to the extent
applicable, technology and engineering.

``(h) Evaluation and Report.--
``(1) State evaluation and report.--
``(A) Evaluation.--Each State that receives a grant
under this section shall develop and carry out an
evaluation and accountability plan for the activities
funded through the grant that measures the impact of the
activities, including measurable objectives for improved
student academic achievement on State science,
mathematics, and, to the maximum extent applicable,
technology and engineering assessments.
``(B) Report.--The State shall submit to the
Director a report containing the results of the
evaluation and accountability plan.
``(2) Report to congress.--Not later than 2 years after the
date of enactment of the PACE-Energy Act, the Director shall
submit a report detailing the impact of the activities assisted
with funds made available under this section to--

[[Page 606]]
121 STAT. 606

``(A) the Committee on Science and Technology of the
House of Representatives;
``(B) the Committee on Energy and Natural Resources
of the Senate; and
``(C) the Committee on Health, Education, Labor, and
Pensions of the Senate.

``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $14,000,000 for fiscal year 2008;
``(2) $22,500,000 for fiscal year 2009; and
``(3) $30,000,000 for fiscal year 2010.

``CHAPTER 2--EXPERIENTIAL-BASED LEARNING OPPORTUNITIES

``SEC. 3175. [NOTE: 42 USC 7381j.] EXPERIENTIAL-BASED LEARNING
OPPORTUNITIES.

``(a) Internships Authorized.--
``(1) In general.--From the amounts authorized under
subsection (f), the Secretary, acting through the Director,
shall establish a summer internship program for middle school
and secondary school students that shall--
``(A) provide the students with internships at the
National Laboratories;
``(B) promote experiential, hands-on learning in
science, technology, engineering, or mathematics; and
``(C) be of at least 2 weeks in duration.
``(2) Residential services.--The Director may provide
residential services to students participating in the internship
program authorized under paragraph (1).

``(b) Selection Criteria.--
``(1) In general.--The Director shall establish criteria to
determine the sufficient level of academic preparedness
necessary for a student to be eligible for an internship under
this section.
``(2) Participation.--The Director shall ensure the
participation of students from a wide distribution of States,
including States without National Laboratories.
``(3) Student achievement.--The Director may consider the
academic achievement of middle and secondary school students in
determining eligibility under this section, in accordance with
paragraphs (1) and (2).

``(c) Priority.--
``(1) In general.--The Director shall give priority for an
internship under this section to a student who meets the
eligibility criteria described in subsection (b) and who attends
a school--
``(A)(i) in which not less than 30 percent of the
children enrolled in the school are from low-income
families; or
``(ii) that is designated with a school locale code
of 41, 42, or 43, as determined by the Secretary of
Education; and
``(B) for which there is--
``(i) a high percentage of teachers who are
not teaching in the academic subject areas or
grade levels in which the teachers were trained to
teach;
``(ii) a high teacher turnover rate; or

[[Page 607]]
121 STAT. 607

``(iii) a high percentage of teachers with
emergency, provisional, or temporary certification
or licenses.
``(2) Coordination.--The Director shall consult with the
Secretary of Education in order to determine whether a student
meets the priority requirements of this subsection.

``(d) Outreach and Experiential-Based Programs for Minority
Students.--
``(1) In general.--The Secretary, acting through the
Director, in cooperation with Hispanic-serving institutions,
historically Black colleges and universities, tribally
controlled colleges and universities, Alaska Native- and Native
Hawaiian-serving institutions, and other minority-serving
institutions and nonprofit entities with substantial experience
relating to outreach and experiential-based learning projects,
shall establish outreach and experiential-based learning
programs that will encourage underrepresented minority students
in kindergarten through grade 12 to pursue careers in science,
engineering, and mathematics.
``(2) Community involvement.--The Secretary shall ensure
that the programs established under paragraph (1) involve, to
the maximum extent practicable--
``(A) participation by parents and educators; and
``(B) the establishment of partnerships with
business organizations and appropriate Federal, State,
and local agencies.
``(3) Distribution.--The Secretary shall ensure that the
programs established under paragraph (1) are located in diverse
geographic regions of the United States, to the maximum extent
practicable.

``(e) Evaluation and Accountability Plan.--The Director shall
develop an evaluation and accountability plan for the activities funded
under this chapter that objectively measures the impact of the
activities.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,500,000 for each of fiscal
years 2008 through 2010.

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

``SEC. 3181. [NOTE: 42 USC 7381l.] NATIONAL LABORATORIES CENTERS OF
EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION.

``(a) Definition of High-Need Public Secondary School.--In this
section, the term `high-need public secondary school' means a secondary
school--
``(1) with a high concentration of low-income individuals
(as defined in section 1707 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6537)); or
``(2) designated with a school locale code of 41, 42, or 43,
as determined by the Secretary of Education.

``(b) Establishment.--The Secretary shall establish at each of the
National Laboratories a program to support a Center of Excellence in
Science, Technology, Engineering, and Mathematics (referred to in this
section as a `Center of Excellence') in at least 1 high-need public
secondary school located in the region served

[[Page 608]]
121 STAT. 608

by the National Laboratory to provide assistance in accordance with
subsection (f).
``(c) Collaboration.--
``(1) In general.--To comply with subsection (g), each high-
need public secondary school selected as a Center of Excellence
and the National Laboratory shall form a partnership with a
school, department, or program of education at an institution of
higher education.
``(2) Nonprofit entities.--The partnership may include a
nonprofit entity with demonstrated experience and effectiveness
in science or mathematics, as agreed to by other members of the
partnership.

``(d) Selection.--
``(1) In general.--The Secretary, acting through the
Director, shall establish criteria to guide the National
Laboratories in selecting the sites for Centers of Excellence.
``(2) Process.--A National Laboratory shall select a site
for a Center of Excellence through an open, widely-publicized,
and competitive process.

``(e) Goals.--The Secretary shall establish goals and performance
assessments for each Center of Excellence authorized under subsection
(b).
``(f) Assistance.--Consistent with sections 3165 and 3166, the
Director shall make available necessary assistance for a program
established under this section through the use of scientific and
engineering staff of a National Laboratory, including the use of staff--
``(1) to assist teachers in teaching a course at a Center of
Excellence in Science, Technology, Engineering, and Mathematics;
and
``(2) to use National Laboratory scientific equipment in the
teaching of the course.

``(g) Special Rules.--A Center of Excellence in a region shall
ensure--
``(1) provision of clinical practicum, student teaching, or
internship experiences for science, technology, and mathematics
teacher candidates as part of the teacher preparation program of
the Center of Excellence;
``(2) provision of supervision and mentoring for teacher
candidates in the teacher preparation program; and
``(3) to the maximum extent practicable, provision of
professional development for veteran teachers in the public
secondary schools in the region.

``(h) Evaluation.--The Secretary shall consider the results of
performance assessments required under subsection (e) in determining the
contract award fee of a National Laboratory management and operations
contractor.
``(i) Plan.--The Director shall--
``(1) develop an evaluation and accountability plan for the
activities funded under this section that objectively measures
the impact of the activities; and
``(2) disseminate information obtained from those
measurements.

``(j) No Effect on Similar Programs.--Nothing in this section
displaces or otherwise affects any similar program being carried out as
of the date of enactment of this section at any National Laboratory
under any other provision of law.

[[Page 609]]
121 STAT. 609

``CHAPTER 4--SUMMER INSTITUTES

``SEC. 3185. [NOTE: 42 USC 7381n.] SUMMER INSTITUTES.

``(a) Definitions.--In this section:
``(1) Eligible partner.--The term `eligible partner' means--
``(A) the science, engineering, or mathematics
department at an institution of higher education, acting
in coordination with a school, department, or program of
education at an institution of higher education that
provides training for teachers and principals; or
``(B) a nonprofit entity with expertise in providing
professional development for science, technology,
engineering, or mathematics teachers.
``(2) Summer institute.--The term `summer institute' means
an institute, operated during the summer, that--
``(A) is hosted by a National Laboratory or an
eligible partner;
``(B) is operated for a period of not less than 2
weeks;
``(C) includes, as a component, a program that
provides direct interaction between students and
faculty, including personnel of 1 or more National
Laboratories who have scientific expertise;
``(D) provides for follow-up training, during the
academic year, that is conducted in the classroom; and
``(E) provides hands-on science, technology,
engineering, or mathematics laboratory experience for
not less than 2 days.

``(b) Summer Institute Programs Authorized.--
``(1) Programs at the national laboratories.--The Secretary,
acting through the Director, shall establish or expand programs
of summer institutes at each of the National Laboratories to
provide additional training to strengthen the science,
technology, engineering, and mathematics teaching skills of
teachers employed at public schools for kindergarten through
grade 12, in accordance with the activities authorized under
paragraphs (3) and (4).
``(2) Programs with eligible partners.--
``(A) In general.--The Secretary, acting through the
Director, shall identify and provide assistance as
described in subparagraph (C) to eligible partners to
establish or expand programs of summer institutes that
provide additional training to strengthen the science,
technology, engineering, and mathematics teaching skills
of teachers employed at public schools for kindergarten
through grade 12, in accordance with paragraphs (3) and
(4).
``(B) Selection criteria.--In identifying eligible
partners under subparagraph (A), the Secretary shall
require that partner institutions describe--
``(i) how the partner institution has the
capability to administer the program in accordance
with this section, which may include a description
of any existing programs at the institution of the
applicant that are targeted at education of
science and mathematics teachers and the number of
teachers graduated annually from the programs; and

[[Page 610]]
121 STAT. 610

``(ii) how the partner institution will assist
the National Laboratory in carrying out the
activities described in paragraphs (3) and (4).
``(C) Assistance.--Consistent with sections 3165 and
3166, the Director shall make available funds authorized
under this section to carry out a program using
scientific and engineering staff of the National
Laboratories, during which the staff--
``(i) assists in providing training to
teachers at summer institutes; and
``(ii) uses National Laboratory scientific
equipment in the training.
``(3) Required activities.--Funds authorized under this
section shall be used for--
``(A) creating opportunities for enhanced and
ongoing professional development for teachers that
improves the science, technology, engineering, and
mathematics content knowledge of the teachers;
``(B) training to improve the ability of science,
technology, engineering, and mathematics teachers to
translate content knowledge and recent developments in
pedagogy into classroom practice, including training to
use curricula that are--
``(i) based on scientific research; and
``(ii) aligned with challenging State academic
content standards;
``(C) training on the use and integration of
technology in the classrooms; and
``(D) supplemental and follow-up professional
development activities as described in subsection
(a)(2)(D).
``(4) Additional uses of funds.--Funds authorized under this
section may be used for--
``(A) training and classroom materials to assist in
carrying out paragraph (3);
``(B) expenses associated with scientific and
engineering staff at the National Laboratories assisting
in providing training to teachers at summer institutes;
``(C) instruction in the use and integration of data
and assessments to inform and instruct classroom
practice; and
``(D) stipends and travel expenses for teachers
participating in the program.

``(c) Priority.--To the maximum extent practicable, the Director
shall ensure that each summer institute program authorized under
subsection (b) provides training to--
``(1) teachers from a wide range of school districts;
``(2) teachers from high-need school districts; and
``(3) teachers from groups underrepresented in the fields of
science, technology, engineering, and mathematics teaching,
including women and members of minority groups.

``(d) Coordination and Consultation.--The Director shall consult and
coordinate with the Secretary of Education and the Director of the
National Science Foundation regarding the implementation of the programs
authorized under subsection (b).
``(e) Evaluation and Accountability Plan.--

[[Page 611]]
121 STAT. 611

``(1) In general.--The Director shall develop an evaluation
and accountability plan for the activities funded under this
section that measures the impact of the activities.
``(2) Contents.--The evaluation and accountability plan
shall include--
``(A) measurable objectives to increase the number
of science, technology, and mathematics teachers who
participate in the summer institutes involved; and
``(B) measurable objectives for improved student
academic achievement on State science, mathematics, and
to the maximum extent applicable, technology and
engineering assessments.
``(3) Report to congress.--The Secretary shall submit to
Congress with the annual budget submission of the Secretary a
report on how the activities assisted under this section improve
the science, technology, engineering, and mathematics teaching
skills of participating teachers.

``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $15,000,000 for fiscal year 2008;
``(2) $20,000,000 for fiscal year 2009; and
``(3) $25,000,000 for fiscal year 2010.

``CHAPTER 5--NATIONAL ENERGY EDUCATION DEVELOPMENT

``SEC. 3191. [NOTE: 42 USC 7381p.] NATIONAL ENERGY EDUCATION
DEVELOPMENT.

``(a) In General.--The Secretary, acting through the Director and in
consultation with the Director of the National Science Foundation, shall
establish a program to coordinate and make available to teachers and
students web-based kindergarten through high school science, technology,
engineering, and mathematics education resources relating to the science
and energy mission of the Department, including existing instruction
materials and protocols for classroom laboratory experiments.
``(b) Energy Education.--The materials and other resources required
under subsection (a) shall include instruction relating to--
``(1) the science of energy;
``(2) the sources of energy;
``(3) the uses of energy in society; and
``(4) the environmental consequences and benefits of all
energy sources and uses.

``(c) Dissemination.--The Secretary, acting through the Director,
shall take all steps necessary, such as through participation in
education association conferences, to advertise the program authorized
under this section to K-12 teachers and science education coordinators
across the United States.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $500,000 for fiscal year 2008; and
``(2) such sums as necessary for each fiscal year
thereafter.

``CHAPTER 6--ADMINISTRATION

``SEC. 3195. [NOTE: 42 USC 7381r.] MENTORING PROGRAM.

``(a) In General.--As part of the programs established under
chapters 1, 3, and 4, the Director shall establish a program to

[[Page 612]]
121 STAT. 612

recruit and provide mentors for women and underrepresented minorities
who are interested in careers in science, engineering, and mathematics.
``(b) Pairing.--The program shall pair mentors with women and
minorities who are in programs of study at specialty schools for science
and mathematics, Centers of Excellence, and summer institutes
established under chapters 1, 3, and 4, respectively.
``(c) Program Evaluation.--The [NOTE: Reports.] Secretary shall
annually--
``(1) use metrics to evaluate the success of the programs
established under subsection (a); and
``(2) submit to Congress a report that describes the results
of each evaluation.''.

SEC. 5004. [NOTE: 42 USC 16532.] NUCLEAR SCIENCE TALENT EXPANSION
PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.

(a) Purposes.--The purposes of this section are--
(1) to address the decline in the number of and resources
available to nuclear science programs at institutions of higher
education; and
(2) to increase the number of graduates with degrees in
nuclear science, an area of strategic importance to the economic
competitiveness and energy security of the United States.

(b) Definition of Nuclear Science.--In this section, the term
``nuclear science'' includes--
(1) nuclear science;
(2) nuclear engineering;
(3) nuclear chemistry;
(4) radio chemistry; and
(5) health physics.

(c) Establishment.--The Secretary shall establish, in accordance
with this section, a program to expand and enhance institution of higher
education nuclear science educational capabilities.
(d) Nuclear Science Program Expansion Grants for Institutions of
Higher Education.--
(1) In general.--The Secretary shall award up to 3
competitive grants for each fiscal year to institutions of
higher education that establish new academic degree programs in
nuclear science.
(2) Priority.--In evaluating grants under this subsection,
the Secretary shall give priority to proposals that involve
partnerships with a National Laboratory or other eligible
nuclear-related entity, as determined by the Secretary.
(3) Criteria.--Criteria for a grant awarded under this
subsection shall be based on--
(A) the potential to attract new students to the
program;
(B) academic rigor; and
(C) the ability to offer hands-on learning
opportunities.
(4) Duration and amount.--
(A) Duration.--A grant under this subsection may be
up to 5 years in duration.
(B) Amount.--An institution of higher education that
receives a grant under this subsection shall be eligible
for up to $1,000,000 for each year of the grant period.
(5) Use of funds.--An institution of higher education that
receives a grant under this subsection may use the grant to--
(A) recruit and retain new faculty;

[[Page 613]]
121 STAT. 613

(B) develop core and specialized course content;
(C) encourage collaboration between faculty and
researchers in the nuclear science field; and
(D) support outreach efforts to recruit students.

(e) Nuclear Science Competitiveness Grants for Institutions of
Higher Education.--
(1) In general.--The Secretary shall award up to 5
competitive grants for each fiscal year to institutions of
higher education with existing academic degree programs that
produce graduates in nuclear science.
(2) Criteria.--Criteria for a grant awarded under this
subsection shall be based on the potential for increasing the
number and academic quality of graduates in the nuclear sciences
who enter into careers in nuclear-related fields.
(3) Duration and amount.--
(A) Duration.--A grant under this subsection may be
up to 5 years in duration.
(B) Amount.--An institution of higher education that
receives a grant under this subsection shall be eligible
for up to $500,000 for each year of the grant period.
(4) Use of funds.--An institution of higher education that
receives a grant under this subsection may use the grant to--
(A) increase the number of graduates in nuclear
science that enter into careers in the nuclear science
field;
(B) enhance the teaching of advanced nuclear
technologies;
(C) aggressively pursue collaboration opportunities
with industry and National Laboratories;
(D) bolster or sustain nuclear infrastructure and
research facilities of the institution of higher
education, such as research and training reactors or
laboratories; and
(E) provide tuition assistance and stipends to
undergraduate and graduate students.

(f) Authorization of Appropriations.--
(1) Nuclear science program expansion grants for
institutions of higher education.--There are authorized to be
appropriated to carry out subsection (d)--
(A) $3,500,000 for fiscal year 2008;
(B) $6,500,000 for fiscal year 2009; and
(C) $9,500,000 for fiscal year 2010.
(2) Nuclear science competitiveness grants for institutions
of higher education.--There are authorized to be appropriated to
carry out subsection (e)--
(A) $3,000,000 for fiscal year 2008;
(B) $5,500,000 for fiscal year 2009; and
(C) $8,000,000 for fiscal year 2010.

SEC. 5005. [NOTE: 42 USC 16533.] HYDROCARBON SYSTEMS SCIENCE TALENT
EXPANSION PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.

(a) Purposes.--The purposes of this section are--
(1) to address the decline in the number of and resources
available to hydrocarbon systems science programs at
institutions of higher education; and
(2) to increase the number of graduates with degrees in
hydrocarbon systems science, an area of strategic importance to
the economic competitiveness and energy security of the United
States.

[[Page 614]]
121 STAT. 614

(b) Definition of Hydrocarbon Systems Science.--In this section:
(1) In general.--The term ``hydrocarbon systems science''
means a science involving natural gas or other petroleum
exploration, development, or production.
(2) Inclusions.--The term ``hydrocarbon systems science''
includes--
(A) petroleum or reservoir engineering;
(B) environmental geoscience;
(C) petrophysics;
(D) geophysics;
(E) geochemistry;
(F) petroleum geology;
(G) ocean engineering;
(H) environmental engineering; and
(I) computer science, as computer science relates to
a science described in this subsection.

(c) Establishment.--The Secretary shall establish, in accordance
with this section, a program to expand and enhance institution of higher
education hydrocarbon systems science educational capabilities.
(d) Hydrocarbon Systems Science Program Expansion Grants for
Institutions of Higher Education.--
(1) In general.--The Secretary shall award up to 3
competitive grants for each fiscal year to institutions of
higher education that establish new academic degree programs in
hydrocarbon systems science.
(2) Eligibility.--In evaluating grants under this
subsection, the Secretary shall give priority to proposals that
involve partnerships with the National Laboratories, including
the National Energy Technology Laboratory, or other hydrocarbon
systems scientific entities, as determined by the Secretary.
(3) Criteria.--Criteria for a grant awarded under this
subsection shall be based on--
(A) the potential to attract new students to the
program;
(B) academic rigor; and
(C) the ability to offer hands-on learning
opportunities.
(4) Duration and amount.--
(A) Duration.--A grant under this subsection may be
up to 5 years in duration.
(B) Amount.--An institution of higher education that
receives a grant under this subsection shall be eligible
for up to $1,000,000 for each year of the grant period.
(5) Use of funds.--An institution of higher education that
receives a grant under this subsection may use the grant to--
(A) recruit and retain new faculty;
(B) develop core and specialized course content;
(C) encourage collaboration between faculty and
researchers in the hydrocarbon systems science field;
and
(D) support outreach efforts to recruit students.

(e) Hydrocarbon Systems Science Competitiveness Grants for
Institutions of Higher Education.--
(1) In general.--The Secretary shall award up to 5
competitive grants for each fiscal year to institutions of
higher

[[Page 615]]
121 STAT. 615

education with existing academic degree programs that produce
graduates in hydrocarbon systems science.
(2) Criteria.--Criteria for a grant awarded under this
subsection shall be based on the potential for increasing the
number and academic quality of graduates in hydrocarbon systems
sciences who enter into careers in natural gas and other
petroleum exploration, development, and production related
fields.
(3) Duration and amount.--
(A) Duration.--A grant under this subsection may be
up to 5 years in duration.
(B) Amount.--An institution of higher education that
receives a grant under this subsection shall be eligible
for up to $500,000 for each year of the grant period.
(4) Use of funds.--An institution of higher education that
receives a grant under this subsection may use the grant to--
(A) increase the number of graduates in the
hydrocarbon systems sciences that enter into careers in
the natural gas and other petroleum exploration,
development, and production science fields;
(B) enhance the teaching of advanced natural gas and
other petroleum exploration, development, and production
technologies;
(C) aggressively pursue collaboration opportunities
with industry and the National Laboratories, including
the National Energy Technology Laboratory;
(D) bolster or sustain natural gas and other
petroleum exploration, development, and production
infrastructure and research facilities of the
institution of higher education, such as research and
training or laboratories; and
(E) provide tuition assistance and stipends to
undergraduate and graduate students.

(f) Authorization of Appropriations.--
(1) Hydrocarbon systems science program expansion grants for
institutions of higher education.--There are authorized to be
appropriated to carry out subsection (d)--
(A) $3,500,000 for fiscal year 2008;
(B) $6,500,000 for fiscal year 2009; and
(C) $9,500,000 for fiscal year 2010.
(2) Hydrocarbon systems science competitiveness grants for
institutions of higher education.--There are authorized to be
appropriated to carry out subsection (e)--
(A) $3,000,000 for fiscal year 2008;
(B) $5,500,000 for fiscal year 2009; and
(C) $8,000,000 for fiscal year 2010.

SEC. 5006. [NOTE: 42 USC 16534.] DEPARTMENT OF ENERGY EARLY CAREER
AWARDS FOR SCIENCE. ENGINEERING, AND MATHEMATICS
RESEARCHERS.

(a) Grant Awards.--The Director of the Office of Science of the
Department (referred to in this section as the ``Director'') shall carry
out a program to award grants to scientists and engineers at an early
career stage at institutions of higher education and organizations
described in subsection (c) to conduct research in fields relevant to
the mission of the Department.
(b) Amount and Duration.--

[[Page 616]]
121 STAT. 616

(1) Amount.--The amount of a grant awarded under this
section shall be--
(A) not less than $80,000; and
(B) not more than $125,000.
(2) Duration.--The term of a grant awarded under this
section shall be not more than 5 years.

(c) Eligibility.--
(1) In general.--To be eligible to receive a grant under
this section, an individual shall, as determined by the
Director--
(A) subject to paragraph (2), have completed a
doctorate or other terminal degree not more than 10
years before the date on which the proposal for a grant
is submitted under subsection (e)(1);
(B) have demonstrated promise in a science,
engineering, or mathematics field relevant to the
missions of the Department; and
(C) be employed--
(i) in a tenure track-position as an assistant
professor or equivalent title at an institution of
higher education in the United States;
(ii) at an organization in the United States
that is a nonprofit, nondegree-granting research
organization such as a museum, observatory, or
research laboratory; or
(iii) as a scientist at a National Laboratory.
(2) Waiver.--Notwithstanding paragraph (1)(A), the Director
may determine that an individual who has completed a doctorate
more than 10 years before the date of submission of a proposal
under subsection (e)(1) is eligible to receive a grant under
this section if the individual was unable to conduct research
for a period of time because of extenuating circumstances,
including military service or family responsibilities, as
determined by the Director.

(d) Selection.--Grant recipients shall be selected on a competitive,
merit-reviewed basis.
(e) Selection Process and Criteria.--
(1) Proposal.--To be eligible to receive a grant under this
section, an individual shall submit to the Director a proposal
at such time, in such manner, and containing such information as
the Director may require.
(2) Evaluation.--In evaluating the proposals submitted under
paragraph (1), the Director shall take into consideration, at a
minimum--
(A) the intellectual merit of the proposed project;
(B) the innovative or transformative nature of the
proposed research;
(C) the extent to which the proposal integrates
research and education, including undergraduate
education in science and engineering disciplines; and
(D) the potential of the applicant for leadership at
the frontiers of knowledge.

(f) Diversity Requirement.--
(1) In general.--In awarding grants under this section, the
Director shall endeavor to ensure that the grant recipients
represent a variety of types of institutions of higher education
and nonprofit, nondegree-granting research organizations.

[[Page 617]]
121 STAT. 617

(2) Requirement.--In support of the goal described in
paragraph (1), the Director shall broadly disseminate
information regarding the deadlines applicable to, and manner in
which to submit, proposals for grants under this section,
including by conducting outreach activities for--
(A) part B institutions, as defined in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061);
and
(B) minority institutions, as defined in section 365
of that Act (20 U.S.C. 1067k).

(g) Report on Recruiting and Retaining Early Career Science and
Engineering Researchers at National Laboratories.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director shall submit to the
Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing efforts of the
Director to recruit and retain young scientists and engineers at
early career stages at the National Laboratories.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) a description of applicable Department and
National Laboratory policies and procedures, including
policies and procedures relating to financial
incentives, awards, promotions, time reserved for
independent research, access to equipment or facilities,
and other forms of recognition, designed to attract and
retain young scientists and engineers;
(B) an evaluation of the impact of the incentives
described in subparagraph (A) on--
(i) the careers of young scientists and
engineers at the National Laboratories; and
(ii) the quality of the research at the
National Laboratories and in Department programs;
(C) a description of barriers, if any, that exist
with respect to efforts to recruit and retain young
scientists and engineers, including the limited
availability of full-time equivalent positions, legal
and procedural requirements, and pay grading systems;
and
(D) the amount of funding devoted to efforts to
recruit and retain young researchers, and the source of
the funds.

(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, acting through the Director, to carry out
this section $25,000,000 for each of fiscal years 2008 through 2010.

SEC. 5007. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF ENERGY FOR
BASIC RESEARCH.

Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 16311(b))
is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) $5,814,000,000 for fiscal year 2010.''.

[[Page 618]]
121 STAT. 618

SEC. 5008. [NOTE: 42 USC 16535.] DISCOVERY SCIENCE AND ENGINEERING
INNOVATION INSTITUTES.

(a) In General.--The [NOTE: Establishment.] Secretary shall
establish distributed, multidisciplinary institutes (referred to in this
section as ``Institutes'') centered at National Laboratories to apply
fundamental science and engineering discoveries to technological
innovations relating to--
(1) the missions of the Department; and
(2) the global competitiveness of the United States.

(b) Topical Areas.--The Institutes shall support scientific and
engineering research and education activities on critical emerging
technologies determined by the Secretary to be essential to global
competitiveness, including activities relating to--
(1) sustainable energy technologies;
(2) multiscale materials and processes;
(3) micro- and nano-engineering;
(4) computational and information engineering; and
(5) genomics and proteomics.

(c) Partnerships.--In carrying out this section, the Secretary shall
establish partnerships between the Institutes and--
(1) institutions of higher education--
(A) to train undergraduate and graduate science and
engineering students;
(B) to develop innovative undergraduate and graduate
educational curricula; and
(C) to conduct research within the topical areas
described in subsection (b); and
(2) private industry to develop innovative technologies
within the topical areas described in subsection (b).

(d) Grants.--
(1) In general.--For each fiscal year, the Secretary may
select not more than 3 Institutes to receive a grant under this
section.
(2) Merit-based selection.--The selection of Institutes
under paragraph (1) shall be--
(A) merit-based; and
(B) made through an open, competitive selection
process.
(3) Term.--An Institute shall receive a grant under this
section for not more than 3 fiscal years.

(e) Review.--The [NOTE: Contracts. Deadline. Reports.] Secretary
shall offer to enter into an agreement with the National Academy of
Sciences under which the Academy shall, by not later than 3 years after
the date of enactment of this Act--
(1) review the performance of the Institutes under this
section; and
(2) submit to Congress and the Secretary a report describing
the results of the review.

(f) Authorization of Appropriations.--There is authorized to be
appropriated to provide grants to each Institute selected under this
section $10,000,000 for each of fiscal years 2008 through 2010.

SEC. 5009. [NOTE: 42 USC 16536.] 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

[[Page 619]]
121 STAT. 619

of higher education that offers a doctoral degree in a field relevant to
a mission area of the Department.
(b) Establishment.--The Secretary shall establish a graduate
fellowship program for eligible students pursuing a doctoral degree in a
mission area of the Department.
(c) Selection.--
(1) In general.--The Secretary shall award fellowships to
eligible students under this section through a competitive merit
review process, involving written and oral interviews, that will
result in a wide distribution of awards throughout the United
States, as determined by the Secretary.
(2) Criteria.--The Secretary shall establish selection
criteria for awarding fellowships under this section that
require an eligible student--
(A) to pursue a field of science or engineering of
importance to a mission area of the Department;
(B) to demonstrate to the Secretary--
(i) the capacity of the eligible student to
understand technical topics relating to the
fellowship that can be derived from the first
principles of the technical topics;
(ii) imagination and creativity;
(iii) leadership skills in organizations or
intellectual endeavors, demonstrated through
awards and past experience; and
(iv) excellent verbal and communication skills
to explain, defend, and demonstrate an
understanding of technical subjects relating to
the fellowship; and
(C) to be a citizen or legal permanent resident of
the United States.

(d) Awards.--
(1) Amount.--A fellowship awarded under this section shall--
(A) provide an annual living stipend; and
(B) cover--
(i) graduate tuition at an institution of
higher education described in subsection (a); and
(ii) incidental expenses associated with
curricula and research at the institution of
higher education (including books, computers, and
software).
(2) Duration.--A fellowship awarded under this section shall
be up to 3 years duration within a 5-year period.
(3) Portability.--A fellowship awarded under this section
shall be portable with the eligible student.

(e) Administration.--The Secretary, acting through the Director of
Science, Engineering, and Mathematics Education--
(1) shall administer the program established under this
section; and
(2) may enter into a contract with a nonprofit entity to
administer the program, including the selection and award of
fellowships.

(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $7,500,000 for fiscal year 2008;
(2) $12,000,000 for fiscal year 2009, including nonexpiring
fellowships for the preceding fiscal year; and

[[Page 620]]
121 STAT. 620

(3) $20,000,000 for fiscal year 2010, including nonexpiring
fellowships for preceding fiscal years.

SEC. 5010. SENSE OF CONGRESS REGARDING CERTAIN RECOMMENDATIONS AND
REVIEWS.

It is the sense of Congress that--
(1) the Department of Energy should implement the
recommendations contained in the report of the Government
Accountability Office numbered 04-639; and
(2) the Secretary of Energy should annually conduct reviews
in accordance with title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) of at least 2 recipients of grants
provided by the Department of Energy.

SEC. 5011. [NOTE: 42 USC 16537.] DISTINGUISHED SCIENTIST PROGRAM.

(a) Purpose.--The purpose of this section is to promote scientific
and academic excellence through collaborations between institutions of
higher education and National Laboratories.
(b) Establishment.--The Secretary shall establish a program to
support the joint appointment of distinguished scientists by
institutions of higher education and National Laboratories.
(c) Qualifications.--To be eligible for appointment as a
distinguished scientist under this section, an individual, by reason of
professional background and experience, shall be able to bring
international recognition to the appointing institution of higher
education or National Laboratory in the field of scientific endeavor of
the individual.
(d) Selection.--A distinguished scientist appointed under this
section shall be selected through an open, competitive process.
(e) Appointment.--
(1) Institution of higher education.--An appointment by an
institution of higher education under this section shall be
filled within the tenure allotment of the institution of higher
education, at a minimum rank of professor.
(2) National laboratory.--An appointment by a National
Laboratory under this section shall be at the rank of the
highest grade of distinguished scientist or technical staff of
the National Laboratory.

(f) Duration.--An appointment under this section shall--
(1) be for a term of 6 years; and
(2) consist of 2 3-year funding allotments.

(g) Use of Funds.--Funds made available under this section may be
used for--
(1) the salary of the distinguished scientist and support
staff;
(2) undergraduate, graduate, and post-doctoral appointments;
(3) research-related equipment;
(4) professional travel; and
(5) such other requirements as the Secretary determines to
be necessary to carry out the purpose of the program.

(h) Review.--
(1) In general.--The appointment of a distinguished
scientist under this section shall be reviewed at the end of the
first 3-year allotment for the distinguished scientist through
an open peer-review process to determine whether the appointment
is meeting the purpose of this section under subsection (a).

[[Page 621]]
121 STAT. 621

(2) Funding.--Funding of the appointment of the
distinguished scientist for the second 3-year allotment shall be
determined based on the review conducted under paragraph (1).

(i) Cost Sharing.--To be eligible for assistance under this section,
an appointing institution of higher education shall pay at least 50
percent of the total costs of the appointment.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $15,000,000 for fiscal year 2008;
(2) $20,000,000 for fiscal year 2009; and
(3) $30,000,000 for fiscal year 2010.

SEC. 5012. [NOTE: 42 USC 16538.] ADVANCED RESEARCH PROJECTS AGENCY--
ENERGY.

(a) Definitions.--In this section:
(1) ARPA-E.--The term ``ARPA-E'' means the Advanced Research
Projects Agency--Energy established by subsection (b).
(2) Director.--The term ``Director'' means the Director of
ARPA-E appointed under subsection (d).
(3) Fund.--The term ``Fund'' means the Energy Transformation
Acceleration Fund established under subsection (m)(1).

(b) Establishment.--There is established the Advanced Research
Projects Agency--Energy within the Department to overcome the long-term
and high-risk technological barriers in the development of energy
technologies.
(c) Goals.--
(1) In general.--The goals of ARPA-E shall be--
(A) to enhance the economic and energy security of
the United States through the development of energy
technologies that result in--
(i) reductions of imports of energy from
foreign sources;
(ii) reductions of energy-related emissions,
including greenhouse gases; and
(iii) improvement in the energy efficiency of
all economic sectors; and
(B) to ensure that the United States maintains a
technological lead in developing and deploying advanced
energy technologies.
(2) Means.--ARPA-E shall achieve the goals established under
paragraph (1) through energy technology projects by--
(A) identifying and promoting revolutionary advances
in fundamental sciences;
(B) translating scientific discoveries and cutting-
edge inventions into technological innovations; and
(C) accelerating transformational technological
advances in areas that industry by itself is not likely
to undertake because of technical and financial
uncertainty.

(d) Director.--
(1) [NOTE: President.] Appointment.--There shall be in the
Department of Energy a Director of ARPA-E, who shall be
appointed by the President, by and with the advice and consent
of the Senate.
(2) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience, is
especially qualified to advise the Secretary on, and manage
research programs addressing, matters pertaining to long-term

[[Page 622]]
121 STAT. 622

and high-risk technological barriers to the development of
energy technologies.
(3) Relationship to secretary.--The Director shall report to
the Secretary.
(4) Relationship to other programs.--No other programs
within the Department shall report to the Director.

(e) Responsibilities.--The responsibilities of the Director shall
include--
(1) approving all new programs within ARPA-E;
(2) developing funding criteria and assessing the success of
programs through the establishment of technical milestones;
(3) administering the Fund through awards to institutions of
higher education, companies, research foundations, trade and
industry research collaborations, or consortia of such entities,
which may include federally-funded research and development
centers, to achieve the goals described in subsection (c)
through targeted acceleration of--
(A) novel early-stage energy research with possible
technology applications;
(B) development of techniques, processes, and
technologies, and related testing and evaluation;
(C) research and development of manufacturing
processes for novel energy technologies; and
(D) coordination with nongovernmental entities for
demonstration of technologies and research applications
to facilitate technology transfer; and
(4) terminating programs carried out under this section that
are not achieving the goals of the programs.

(f) Personnel.--
(1) Program managers.--
(A) In general.--The Director shall designate
employees to serve as program managers for each of the
programs established pursuant to the responsibilities
established for ARPA-E under subsection (e).
(B) Responsibilities.--A program manager of a
program shall be responsible for--
(i) establishing research and development
goals for the program, including through the
convening of workshops and conferring with outside
experts, and publicizing the goals of the program
to the public and private sectors;
(ii) soliciting applications for specific
areas of particular promise, especially areas that
the private sector or the Federal Government are
not likely to undertake alone;
(iii) building research collaborations for
carrying out the program;
(iv) selecting on the basis of merit, with
advice under subsection (j) as appropriate, each
of the projects to be supported under the program
after considering--
(I) the novelty and scientific and
technical merit of the proposed
projects;
(II) the demonstrated capabilities
of the applicants to successfully carry
out the proposed project;
(III) the consideration by the
applicant of future commercial
applications of the project,

[[Page 623]]
121 STAT. 623

including the feasibility of partnering
with 1 or more commercial entities; and
(IV) such other criteria as are
established by the Director;
(v) monitoring the progress of projects
supported under the program; and
(vi) recommending program restructure or
termination of research partnerships or whole
projects.
(C) Term.--The term of a program manager shall be 3
years and may be renewed.
(2) Hiring and management.--
(A) In general.--The Director shall have the
authority to--
(i) make appointments of scientific,
engineering, and professional personnel without
regard to the civil service laws; and
(ii) fix the compensation of such personnel at
a rate to be determined by the Director.
(B) Number.--The Director shall appoint not less
than 70, and not more than 120, personnel under this
section.
(C) Private recruiting firms.--The Secretary, or the
Director serving as an agent of the Secretary, may
contract with private recruiting firms for the hiring of
qualified technical staff to carry out this section.
(D) Additional staff.--The Director may use all
authorities in existence on the date of enactment of
this Act that are provided to the Secretary to hire
administrative, financial, and clerical staff as
necessary to carry out this section.

(g) Reports and Roadmaps.--
(1) Annual report.--As part of the annual budget request
submitted for each fiscal year, the Director shall provide to
the relevant authorizing and appropriations committees of
Congress a report describing projects supported by ARPA-E during
the previous fiscal year.
(2) Strategic vision roadmap.--Not later than October 1,
2008, and October 1, 2011, the Director shall provide to the
relevant authorizing and appropriations committees of Congress a
roadmap describing the strategic vision that ARPA-E will use to
guide the choices of ARPA-E for future technology investments
over the following 3 fiscal years.

(h) Coordination and Nonduplication.--
(1) In general.--To the maximum extent practicable, the
Director shall ensure that the activities of ARPA-E are
coordinated with, and do not duplicate the efforts of, programs
and laboratories within the Department and other relevant
research agencies.
(2) Technology transfer coordinator.--To the extent
appropriate, the Director may coordinate technology transfer
efforts with the Technology Transfer Coordinator appointed under
section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391).

(i) Federal Demonstration of Technologies.--The Secretary shall make
information available to purchasing and procurement programs of Federal
agencies regarding the potential to demonstrate technologies resulting
from activities funded through ARPA-E.
(j) Advice.--

[[Page 624]]
121 STAT. 624

(1) Advisory committees.--The Director may seek advice on
any aspect of ARPA-E from--
(A) an existing Department of Energy advisory
committee; and
(B) a new advisory committee organized to support
the programs of ARPA-E and to provide advice and
assistance on--
(i) specific program tasks; or
(ii) overall direction of ARPA-E.
(2) Additional sources of advice.--In carrying out this
section, the Director may seek advice and review from--
(A) the President's Committee of Advisors on Science
and Technology; and
(B) any professional or scientific organization with
expertise in specific processes or technologies under
development by ARPA-E.

(k) ARPA-E Evaluation.--
(1) In general.--After ARPA-E has been in operation for 4
years, the Secretary shall offer to enter into a contract with
the National Academy of Sciences under which the National
Academy shall conduct an evaluation of how well ARPA-E is
achieving the goals and mission of ARPA-E.
(2) Inclusions.--The evaluation shall include--
(A) the recommendation of the National Academy of
Sciences on whether ARPA-E should be continued or
terminated; and
(B) a description of lessons learned from operation
of ARPA-E.
(3) [NOTE: Public information.] Availability.--On
completion of the evaluation, the evaluation shall be made
available to Congress and the public.

(l) Existing Authorities.--The authorities granted by this section
are--
(1) in addition to existing authorities granted to the
Secretary; and
(2) are not intended to supersede or modify any existing
authorities.

(m) Funding.--
(1) Fund.--There is established in the Treasury of the
United States a fund, to be known as the ``Energy Transformation
Acceleration Fund'', which shall be administered by the Director
for the purposes of carrying out this section.
(2) Authorization of appropriations.--Subject to paragraphs
(4) and (5), there are authorized to be appropriated to the
Director for deposit in the Fund, without fiscal year
limitation--
(A) $300,000,000 for fiscal year 2008; and
(B) such sums as are necessary for each of fiscal
years 2009 and 2010.
(3) Separate budget and appropriation.--
(A) Budget request.--The budget request for ARPA-E
shall be separate from the rest of the budget of the
Department.
(B) Appropriations.--Appropriations to the Fund
shall be separate and distinct from the rest of the
budget for the Department.
(4) Limitation.--No amounts may be appropriated for ARPA-E
for fiscal year 2008 unless the amount appropriated

[[Page 625]]
121 STAT. 625

for the activities of the Office of Science of the Department
for fiscal year 2008 exceeds the amount appropriated for the
Office for fiscal year 2007, as adjusted for inflation in
accordance with the Consumer Price Index published by the Bureau
of Labor Statistics of the Department of Labor.
(5) Allocation.--Of the amounts appropriated for a fiscal
year under paragraph (2)--
(A) not more than 50 percent of the amount shall be
used to carry out subsection (e)(3)(D);
(B) at least 2.5 percent of the amount shall be used
for technology transfer and outreach activities; and
(C) no funds may be used for construction of new
buildings or facilities during the 5-year period
beginning on the date of enactment of this Act.

TITLE VI--EDUCATION

SEC. 6001. [NOTE: 20 USC 9801.] FINDINGS.

Congress makes the following findings:
(1) A well-educated population is essential to retaining
America's competitiveness in the global economy.
(2) The United States needs to build on and expand the
impact of existing programs by taking additional, well-
coordinated steps to ensure that all students are able to obtain
the knowledge the students need to obtain postsecondary
education and participate successfully in the workforce or the
Armed Forces.
(3) The next steps must be informed by independent
information on the effectiveness of current programs in science,
technology, engineering, mathematics, and critical foreign
language education, and by identification of best practices that
can be replicated.
(4) Teacher preparation and elementary school and secondary
school programs and activities must be aligned with the
requirements of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) and the requirements of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
(5) The ever increasing knowledge and skill demands of the
21st century require that secondary school preparation and
requirements be better aligned with the knowledge and skills
needed to succeed in postsecondary education and the workforce,
and States need better data systems to track educational
achievement from prekindergarten through baccalaureate degrees.

SEC. 6002. [NOTE: 20 USC 9802.] DEFINITIONS.

(a) ESEA Definitions.--Unless otherwise specified in this title, the
terms used in this title have the meanings given the terms in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(b) Other Definitions.--In this title:
(1) Critical foreign language.--The term ``critical foreign
language'' means a foreign language that the Secretary
determines, in consultation with the heads of such Federal

[[Page 626]]
121 STAT. 626

departments and agencies as the Secretary determines
appropriate, is critical to the national security and economic
competitiveness of the United States.
(2) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) Scientifically valid research.--The term
``scientifically valid research'' includes applied research,
basic research, and field-initiated research in which the
rationale, design, and interpretation are soundly developed in
accordance with accepted principles of scientific research.

Subtitle A--Teacher Assistance

PART I--TEACHERS FOR A COMPETITIVE TOMORROW

SEC. 6111. [NOTE: 20 USC 9811.] PURPOSE.

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

SEC. 6112. [NOTE: 20 USC 9812.] DEFINITIONS.

In this part:
(1) Children from low-income families.--The term ``children
from low-income families'' means children described in section
1124(c)(1)(A) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6333(c)(1)(A)).
(2) Eligible recipient.--The term ``eligible recipient''
means an institution of higher education that receives grant
funds under this part on behalf of a department of science,
technology, engineering, mathematics, or a critical foreign
language, or on behalf of a department or school with a
competency-based degree program (in science, technology,
engineering, mathematics, or a critical foreign language) that
includes teacher certification, for use in carrying out
activities assisted under this part.
(3) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational agency
or educational service agency--

[[Page 627]]
121 STAT. 627

(A)(i) that serves not fewer than 10,000 children
from low-income families;
(ii) for which not less than 20 percent of the
children served by the agency are children from low-
income families; or
(iii) with a total of less than 600 students in
average daily attendance at the schools that are served
by the agency and all of whose schools are designated
with a school locale code of 41, 42, or 43, as
determined by the Secretary; and
(B)(i) for which there is a high percentage of
teachers providing instruction in academic subject areas
or grade levels for which the teachers are not highly
qualified; or
(ii) for which there is a high teacher turnover rate
or a high percentage of teachers with emergency,
provisional, or temporary certification or licensure.
(4) Highly qualified.--The term ``highly qualified'' has the
meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801) and, with
respect to special education teachers, in section 602 of the
Individuals with Disabilities Education Act (20 U.S.C. 1401).
(5) Partnership.--The term ``partnership'' means a
partnership that--
(A) shall include--
(i) an eligible recipient;
(ii)(I)(aa) a department within the eligible
recipient that provides a program of study in
science, technology, engineering, mathematics, or
a critical foreign language; and
(bb) a school, department, or program of
education within the eligible recipient, or a 2-
year institution of higher education that has a
teacher preparation offering or a dual enrollment
program with the eligible recipient; or
(II) a department or school within the
eligible recipient with a competency-based degree
program (in science, technology, engineering,
mathematics, or a critical foreign language) that
includes teacher certification; and
(iii) not less than 1 high-need local
educational agency and a public school or a
consortium of public schools served by the agency;
and
(B) may include a nonprofit organization that has a
demonstrated record of providing expertise or support to
meet the purposes of this part.
(6) Teaching skills.--The term ``teaching skills'' means the
ability to--
(A) increase student achievement and learning and
increase a student's ability to apply knowledge;
(B) effectively convey and explain academic subject
matter;
(C) employ strategies grounded in the disciplines of
teaching and learning that--
(i) are based on scientifically valid
research;
(ii) are specific to academic subject matter;
and

[[Page 628]]
121 STAT. 628

(iii) focus on the identification of students'
specific learning needs, particularly students
with disabilities, students who are limited
English proficient, students who are gifted and
talented, and students with low literacy levels,
and the tailoring of academic instruction to such
needs;
(D) conduct ongoing assessment of student learning;
(E) effectively manage a classroom; and
(F) communicate and work with parents and guardians,
and involve parents and guardians in their children's
education.

SEC. 6113. [NOTE: 20 USC 9813.] PROGRAMS FOR BACCALAUREATE DEGREES IN
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL
FOREIGN LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION.

(a) Program Authorized.--From [NOTE: Grants.] the amounts made
available to carry out this section under section 6116(1) and not
reserved under section 6115(d) for a fiscal year, the Secretary is
authorized to award grants, on a competitive basis, to eligible
recipients to enable partnerships served by the eligible recipients to
develop and implement programs to provide courses of study in science,
technology, engineering, mathematics, or critical foreign languages
that--
(1) are integrated with teacher education; and
(2) lead to a baccalaureate degree in science, technology,
engineering, mathematics, or a critical foreign language with
concurrent teacher certification.

(b) Application.--Each eligible recipient desiring a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. Each application
shall--
(1) describe the program for which assistance is sought;
(2) describe how a department of science, technology,
engineering, mathematics, or a critical foreign language
participating in the partnership will ensure significant
collaboration with a teacher preparation program in the
development of undergraduate degrees in science, technology,
engineering, mathematics, or a critical foreign language, with
concurrent teacher certification, including providing student
teaching and other clinical classroom experiences or how a
department or school participating in the partnership with a
competency-based degree program has ensured, in the development
of a baccalaureate degree program in science, technology,
engineering, mathematics, or a critical foreign language, the
provision of concurrent teacher certification, including
providing student teaching and other clinical classroom
experiences;
(3) describe the high-quality research, laboratory, or
internship experiences, integrated with coursework, that will be
provided under the program;
(4) describe how members of groups that are underrepresented
in the teaching of science, technology, engineering,
mathematics, or critical foreign languages will be encouraged to
participate in the program;
(5) describe how program participants will be encouraged to
teach in schools determined by the partnership to be most

[[Page 629]]
121 STAT. 629

in need, and the assistance in finding employment in such
schools that will be provided;
(6) describe the ongoing activities and services that will
be provided to graduates of the program;
(7) describe how the activities of the partnership will be
coordinated with any activities funded through other Federal
grants, and how the partnership will continue the activities
assisted under the program when the grant period ends;
(8) describe how the partnership will assess the content
knowledge and teaching skills of the program participants; and
(9) provide any other information the Secretary may
reasonably require.

(c) Priority.--Priority shall be given to applications whose primary
focus is on placing participants in high-need local educational
agencies.
(d) Authorized Activities.--
(1) In general.--Each eligible recipient receiving a grant
under this section shall use the grant funds to enable a
partnership to develop and implement a program to provide
courses of study in science, technology, engineering,
mathematics, or a critical foreign language that--
(A) are integrated with teacher education programs
that promote effective teaching skills; and
(B) lead to a baccalaureate degree in science,
technology, engineering, mathematics, or a critical
foreign language with concurrent teacher certification.
(2) Program requirements.--The program shall--
(A) provide high-quality research, laboratory, or
internship experiences for program participants;
(B) provide student teaching or other clinical
classroom experiences that--
(i) are integrated with coursework; and
(ii) lead to the participants' ability to
demonstrate effective teaching skills;
(C) if implementing a program in which program
participants are prepared to teach science, technology,
engineering, mathematics, or critical foreign language
courses, include strategies for improving student
literacy;
(D) encourage the participation of individuals who
are members of groups that are underrepresented in the
teaching of science, technology, engineering,
mathematics, or critical foreign languages;
(E) encourage participants to teach in schools
determined by the partnership to be most in need, and
actively assist the participants in finding employment
in such schools;
(F) offer training in the use of and integration of
educational technology;
(G) collect data regarding and evaluate, using
measurable objectives and benchmarks, the extent to
which the program succeeded in--
(i) increasing the percentage of highly
qualified mathematics, science, or critical
foreign language teachers, including increasing
the percentage of such teachers teaching in those
schools determined by the partnership to be most
in need;

[[Page 630]]
121 STAT. 630

(ii) improving student academic achievement in
mathematics, science, and where applicable,
technology and engineering;
(iii) increasing the number of students in
secondary schools enrolled in upper level
mathematics, science, and, where available,
technology and engineering courses; and
(iv) increasing the numbers of elementary
school and secondary school students enrolled in
and continuing in critical foreign language
courses;
(H) collect data on the employment placement and
retention of all graduates of the program, including
information on how many graduates are teaching and in
what kinds of schools;
(I) provide ongoing activities and services to
graduates of the program who teach elementary school or
secondary school, by--
(i) keeping the graduates informed of the
latest developments in their respective academic
fields; and
(ii) supporting the graduates of the program
who are employed in schools in the local
educational agency participating in the
partnership during the initial years of teaching
through--
(I) induction programs;
(II) promotion of effective teaching
skills; and
(III) providing opportunities for
regular professional development; and
(J) develop recommendations to improve the school,
department, or program of education participating in the
partnership.

(e) Annual Report.--Each eligible recipient receiving a grant under
this section shall collect and report to the Secretary annually such
information as the Secretary may reasonably require, including--
(1) the number of participants in the program;
(2) information on the academic majors of participating
students;
(3) the race, gender, income, and disability status of
program participants;
(4) the placement of program participants as teachers in
schools determined by the partnership to be most in need;
(5) the extent to which the program succeeded in meeting the
objectives and benchmarks described in subsection (d)(2)(G); and
(6) the data collected under subparagraphs (G) and (H) of
subsection (d)(2).

(f) Technical Assistance.--From the funds made available under
section 6116(1), the Secretary may provide technical assistance to an
eligible recipient developing a baccalaureate degree program with
concurrent teacher certification, including technical assistance
provided through a grant or contract awarded on a competitive basis to
an institution of higher education or a technical assistance center.
(g) Compliance With FERPA.--Any activity under this section shall be
carried out in compliance with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) (commonly known as the Family
Educational Rights and Privacy Act of 1974).

[[Page 631]]
121 STAT. 631

(h) Induction Program Defined.--In this section, the term
``induction program'' means a formalized program for new teachers during
not less than the teachers' first 2 years of teaching that is designed
to provide support for, and improve the professional performance and
advance the retention in the teaching field of, beginning teachers. Such
program shall promote effective teaching skills and shall include the
following components:
(1) High-quality teacher mentoring.
(2) Periodic, structured time for collaboration with
teachers in the same department or field, as well as time for
information-sharing among teachers, principals, administrators,
and participating faculty in the partner institution.
(3) The application of empirically based practice and
scientifically valid research on instructional practices.
(4) Opportunities for new teachers to draw directly upon the
expertise of teacher mentors, faculty, and researchers to
support the integration of empirically based practice and
scientifically valid research with practice.
(5) The development of skills in instructional and
behavioral interventions derived from empirically based practice
and, where applicable, scientifically valid research.
(6) Faculty who--
(A) model the integration of research and practice
in the classroom; and
(B) assist new teachers with the effective use and
integration of technology in the classroom.
(7) Interdisciplinary collaboration among exemplary
teachers, faculty, researchers, and other staff who prepare new
teachers on the learning process and the assessment of learning.
(8) Assistance with the understanding of data, particularly
student achievement data, and the data's applicability in
classroom instruction.
(9) Regular evaluation of the new teacher.

SEC. 6114. [NOTE: 20 USC 9814.] PROGRAMS FOR MASTER'S DEGREES IN
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL
FOREIGN LANGUAGE EDUCATION.

(a) Program Authorized.--From the amounts made available to carry
out this section under section 6116(2) and not reserved under section
6115(d) for a fiscal year, the Secretary is authorized to award grants,
on a competitive basis, to eligible recipients to enable the
partnerships served by the eligible recipients to develop and
implement--
(1) 2- or 3-year part-time master's degree programs in
science, technology, engineering, mathematics, or critical
foreign language education for teachers in order to enhance the
teacher's content knowledge and teaching skills; or
(2) programs for professionals in science, technology,
engineering, mathematics, or a critical foreign language that
lead to a 1-year master's degree in teaching that results in
teacher certification.

(b) Application.--Each eligible recipient desiring a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. Each application shall
describe--

[[Page 632]]
121 STAT. 632

(1) how a department of science, technology, engineering,
mathematics, or a critical foreign language will ensure
significant collaboration with a school, department, or program
of education in the development of the master's degree programs
authorized under subsection (a), or how a department or school
with a competency-based degree program has ensured, in the
development of a master's degree program, the provision of
rigorous studies in science, technology, engineering,
mathematics, or a critical foreign language that enhance the
teachers' content knowledge and teaching skills;
(2) the role of the local educational agency in the
partnership in developing and administering the program and how
feedback from the local educational agency, school, and
participants will be used to improve the program;
(3) how the program will help increase the percentage of
highly qualified mathematics, science, or critical foreign
language teachers, including increasing the percentage of such
teachers teaching in schools determined by the partnership to be
most in need;
(4) how the program will--
(A) improve student academic achievement in
mathematics, science, and, where applicable, technology
and engineering and increase the number of students
taking upper-level courses in such subjects; or
(B) increase the numbers of elementary school and
secondary school students enrolled and continuing in
critical foreign language courses;
(5) how the program will prepare participants to become more
effective science, technology, engineering, mathematics, or
critical foreign language teachers;
(6) how the program will prepare participants to assume
leadership roles in their schools;
(7) how teachers (or science, technology, engineering,
mathematics, or critical foreign language professionals) who are
members of groups that are underrepresented in the teaching of
science, technology, engineering, mathematics, or critical
foreign languages and teachers from schools determined by the
partnership to be most in need will be encouraged to apply for
and participate in the program;
(8) the ongoing activities and services that will be
provided to graduates of the program;
(9) how the partnership will continue the activities
assisted under the grant when the grant period ends;
(10) how the partnership will assess, during the program,
the content knowledge and teaching skills of the program
participants; and
(11) methods to ensure applicants to the master's degree
program for professionals in science, technology, engineering,
mathematics, or a critical foreign language demonstrate advanced
knowledge in the relevant subject.

(c) Authorized Activities.--Each eligible recipient receiving a
grant under this section shall use the grant funds to develop and
implement a 2- or 3-year part-time master's degree program in science,
technology, engineering, mathematics, or critical foreign language
education for teachers in order to enhance the teachers' content
knowledge and teaching skills, or programs for professionals

[[Page 633]]
121 STAT. 633

in science, technology, engineering, mathematics, or a critical foreign
language that lead to a 1-year master's degree in teaching that results
in teacher certification. The program shall--
(1) promote effective teaching skills so that program
participants become more effective science, technology,
engineering, mathematics, or critical foreign language teachers;
(2) prepare teachers to assume leadership roles in their
schools by participating in activities such as teacher
mentoring, development of curricula that integrate state of the
art applications of science, technology, engineering,
mathematics, or critical foreign language into the classroom,
working with school administrators in establishing in-service
professional development of teachers, and assisting in
evaluating data and assessments to improve student academic
achievement;
(3) use high-quality research, laboratory, or internship
experiences for program participants that are integrated with
coursework;
(4) provide student teaching or clinical classroom
experience;
(5) if implementing a program in which participants are
prepared to teach science, technology, engineering, mathematics,
or critical foreign language courses, provide strategies for
improving student literacy;
(6) align the content knowledge in the master's degree
program with challenging student academic achievement standards
and challenging academic content standards established by the
State in which the program is conducted;
(7) encourage the participation of--
(A) individuals who are members of groups that are
underrepresented in the teaching of science, technology,
engineering, mathematics, or critical foreign languages;
(B) members of the Armed Forces who are
transitioning to civilian life; and
(C) teachers teaching in schools determined by the
partnership to be most in need;
(8) offer tuition assistance, based on need, as appropriate;
(9) create opportunities for enhanced and ongoing
professional development for teachers that improves the science,
technology, engineering, mathematics, and critical foreign
language content knowledge and teaching skills of such teachers;
and
(10) evaluate and report on the impact of the program, in
accordance with subsection (d).

(d) Evaluation and Report.--Each eligible recipient receiving a
grant under this section shall evaluate, using measurable objectives and
benchmarks, and provide an annual report to the Secretary regarding, the
extent to which the program assisted under this section succeeded in the
following:
(1) Increasing the number and percentage of science,
technology, engineering, mathematics, or critical foreign
language teachers who have a master's degree and meet 1 or more
of the following requirements:
(A) Are teaching in schools determined by the
partnership to be most in need, and taught in such
schools prior to participation in the program.
(B) Are teaching in schools determined by the
partnership to be most in need, and did not teach in
such schools prior to participation in the program.

[[Page 634]]
121 STAT. 634

(C) Are members of a group underrepresented in the
teaching of science, technology, engineering,
mathematics, or a critical foreign language.
(2) Bringing professionals in science, technology,
engineering, mathematics, or a critical foreign language into
the field of teaching.
(3) Retaining teachers who participate in the program.

SEC. 6115. [NOTE: 20 USC 9815.] GENERAL PROVISIONS.

(a) Duration of Grants.--The Secretary shall award each grant under
this part for a period of not more than 5 years.
(b) Matching Requirement.--Each eligible recipient that receives a
grant under this part shall provide, from non-Federal sources, an amount
equal to 50 percent of the amount of the grant (which may be provided in
cash or in kind) to carry out the activities supported by the grant.
(c) Supplement, Not Supplant.--Grant funds provided under this part
shall be used to supplement, and not supplant, other Federal or State
funds.
(d) Evaluation.--From amounts made available for any fiscal year
under section 6116, the Secretary shall reserve such sums as may be
necessary--
(1) to provide for the conduct of an annual independent
evaluation, by grant or by contract, of the activities assisted
under this part, which shall include an assessment of the impact
of the activities on student academic achievement; and
(2) to prepare and submit an annual report on the results of
the evaluation described in paragraph (1) to the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Committee on Education and Labor of the House of
Representatives, and the Committees on Appropriations of the
Senate and House of Representatives.

SEC. 6116. [NOTE: 20 USC 9816.] AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this section
$276,200,000 for fiscal year 2008, and such sums as may be necessary for
each of the 2 succeeding fiscal years, of which--
(1) $151,200,000 shall be available to carry out section
6113 for fiscal year 2008 and each succeeding fiscal year; and
(2) $125,000,000 shall be available to carry out section
6114 for fiscal year 2008 and each succeeding fiscal year.

PART II--ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS

SEC. 6121. [NOTE: 20 USC 9831.] PURPOSE.

It is the purpose of this part--
(1) to raise academic achievement through Advanced Placement
and International Baccalaureate programs by increasing, by
70,000, over a 4-year period beginning in 2008, the number of
teachers serving high-need schools who are qualified to teach
Advanced Placement or International Baccalaureate courses in
mathematics, science, and critical foreign languages;
(2) to increase, to 700,000 per year, the number of students
attending high-need schools who--

[[Page 635]]
121 STAT. 635

(A) take and score a 3, 4, or 5 on an Advanced
Placement examination in mathematics, science, or a
critical foreign language administered by the College
Board; or
(B) achieve a passing score on an examination
administered by the International Baccalaureate
Organization in such a subject;
(3) to increase the availability of, and enrollment in,
Advanced Placement or International Baccalaureate courses in
mathematics, science, and critical foreign languages, and pre-
Advanced Placement or pre-International Baccalaureate courses in
such subjects, in high-need schools; and
(4) to support statewide efforts to increase the
availability of, and enrollment in, Advanced Placement or
International Baccalaureate courses in mathematics, science, and
critical foreign languages, and pre-Advanced Placement or pre-
International Baccalaureate courses in such subjects, in high-
need schools.

SEC. 6122. [NOTE: 20 USC 9832.] DEFINITIONS.

In this part:
(1) Advanced placement or international baccalaureate
course.--The term ``Advanced Placement or International
Baccalaureate course'' means--
(A) a course of college-level instruction provided
to secondary school students, terminating in an
examination administered by the College Board or the
International Baccalaureate Organization, or another
such examination approved by the Secretary; or
(B) another highly rigorous, evidence-based,
postsecondary preparatory program terminating in an
examination administered by another nationally
recognized educational organization that has a
demonstrated record of effectiveness in assessing
secondary school students, or another such examination
approved by the Secretary.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State educational agency;
(B) a local educational agency; or
(C) a partnership consisting of--
(i) a national, regional, or statewide
nonprofit organization, with expertise and
experience in providing Advanced Placement or
International Baccalaureate services; and
(ii) a State educational agency or local
educational agency.
(3) Low-income student.--The term ``low-income student'' has
the meaning given the term ``low-income individual'' in section
1707(3) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6537(3)).
(4) High concentration of low-income students.--The term
``high concentration of low-income students'' has the meaning
given the term in section 1707(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6537(2)).
(5) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational agency
or educational service agency described in 6112(3)(A).
(6) High-need school.--The term ``high-need school'' means a
secondary school--

[[Page 636]]
121 STAT. 636

(A) with a pervasive need for Advanced Placement or
International Baccalaureate courses in mathematics,
science, or critical foreign languages, or for
additional Advanced Placement or International
Baccalaureate courses in such a subject; and
(B)(i) with a high concentration of low-income
students; or
(ii) designated with a school locale code of 41, 42,
or 43, as determined by the Secretary.

SEC. 6123. [NOTE: 20 USC 9833.] ADVANCED PLACEMENT AND INTERNATIONAL
BACCALAUREATE PROGRAMS.

(a) Program Authorized.--From the amounts appropriated under
subsection (l), the Secretary is authorized to award grants, on a
competitive basis, to eligible entities to enable the eligible entities
to carry out the authorized activities described in subsection (g).
(b) Duration of Grants.--The Secretary may award grants under this
section for a period of not more than 5 years.
(c) Coordination.--The Secretary shall coordinate the activities
carried out under this section with the activities carried out under
section 1705 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6535).
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that are part of a statewide
strategy for increasing--
(1) the availability of Advanced Placement or International
Baccalaureate courses in mathematics, science, and critical
foreign languages, and pre-Advanced Placement or pre-
International Baccalaureate courses in such subjects, in high-
need schools; and
(2) the number of students who participate in Advanced
Placement or International Baccalaureate courses in mathematics,
science, and critical foreign language in high-need schools, and
take and score a 3, 4, or 5 on an Advanced Placement examination
in such a subject, or pass an examination administered by the
International Baccalaureate Organization in such a subject in
such schools.

(e) Equitable Distribution.--The Secretary, to the extent
practicable, shall--
(1) ensure an equitable geographic distribution of grants
under this section among the States; and
(2) promote an increase in participation in Advanced
Placement or International Baccalaureate mathematics, science,
and critical foreign language courses and examinations in all
States.

(f) Application.--
(1) In general.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
(2) Contents.--The application shall, at a minimum, include
a description of--
(A) the goals and objectives for the project,
including--
(i) increasing the number of teachers serving
high-need schools who are qualified to teach
Advanced Placement or International Baccalaureate
courses in mathematics, science, or critical
foreign languages;

[[Page 637]]
121 STAT. 637

(ii) increasing the number of qualified
teachers serving high-need schools who are
teaching Advanced Placement or International
Baccalaureate courses in mathematics, science, or
critical foreign languages to students in the
high-need schools;
(iii) increasing the number of Advanced
Placement or International Baccalaureate courses
in mathematics, science, and critical foreign
languages that are available to students attending
high-need schools; and
(iv) increasing the number of students
attending a high-need school, particularly low-
income students, who enroll in and pass--
(I) Advanced Placement or
International Baccalaureate courses in
mathematics, science, or critical
foreign languages; and
(II) pre-Advanced Placement or pre-
International Baccalaureate courses in
such a subject (where provided in
accordance with subparagraph (B));
(B) how the eligible entity will ensure that
students have access to courses, including pre-Advanced
Placement and pre-International Baccalaureate courses,
that will prepare the students to enroll and succeed in
Advanced Placement or International Baccalaureate
courses in mathematics, science, or critical foreign
languages;
(C) how the eligible entity will provide
professional development for teachers assisted under
this section;
(D) how the eligible entity will ensure that
teachers serving high-need schools are qualified to
teach Advanced Placement or International Baccalaureate
courses in mathematics, science, or critical foreign
languages;
(E) how the eligible entity will provide for the
involvement of business and community organizations and
other entities, including institutions of higher
education, in the activities to be assisted; and
(F) how the eligible entity will use funds received
under this section, including how the eligible entity
will evaluate the success of its project.

(g) Authorized Activities.--
(1) In general.--Each eligible entity that receives a grant
under this section shall use the grant funds to carry out
activities designed to increase--
(A) the number of qualified teachers serving high-
need schools who are teaching Advanced Placement or
International Baccalaureate courses in mathematics,
science, or critical foreign languages; and
(B) the number of students attending high-need
schools who enroll in, and pass, the examinations for
such Advanced Placement or International Baccalaureate
courses.
(2) Permissive activities.--The activities described in
paragraph (1) may include--
(A) teacher professional development, in order to
expand the pool of teachers in the participating State,

[[Page 638]]
121 STAT. 638

local educational agency, or high-need school who are
qualified to teach Advanced Placement or International
Baccalaureate courses in mathematics, science, or
critical foreign languages;
(B) pre-Advanced Placement or pre-International
Baccalaureate course development and professional
development;
(C) coordination and articulation between grade
levels to prepare students to enroll and succeed in
Advanced Placement or International Baccalaureate
courses in mathematics, science, or critical foreign
languages;
(D) purchase of instructional materials;
(E) activities to increase the availability of, and
participation in, online Advanced Placement or
International Baccalaureate courses in mathematics,
science, and critical foreign languages;
(F) reimbursing low-income students attending high-
need schools for part or all of the cost of Advanced
Placement or International Baccalaureate examination
fees;
(G) carrying out subsection (j), relating to
collecting and reporting data;
(H) in the case of a State educational agency that
receives a grant under this section, awarding subgrants
to local educational agencies to enable the local
educational agencies to carry out authorized activities
described in subparagraphs (A) through (G); and
(I) providing salary increments or bonuses to
teachers serving high-need schools who--
(i) become qualified to teach, and teach,
Advanced Placement or International Baccalaureate
courses in mathematics, science, or a critical
foreign language; or
(ii) increase the number of low-income
students, who take Advanced Placement or
International Baccalaureate examinations in
mathematics, science, or a critical foreign
language with the goal of successfully passing
such examinations.

(h) Matching Requirement.--
(1) In general.--Subject to paragraph (2), each eligible
entity that receives a grant under this section shall provide,
toward the cost of the activities assisted under the grant, from
non-Federal sources, an amount equal to 200 percent of the
amount of the grant, except that an eligible entity that is a
high-need local educational agency shall provide an amount equal
to not more than 100 percent of the amount of the grant.
(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any fiscal
year for an eligible entity described in subparagraph (A) or (B)
of section 6122(2), if the Secretary determines that applying
the matching requirement to such eligible entity would result in
serious hardship or an inability to carry out the authorized
activities described in subsection (g).

(i) Supplement Not Supplant.--Grant funds provided under this
section shall be used to supplement, not supplant, other Federal and
non-Federal funds available to carry out the activities described in
subsection (g).

[[Page 639]]
121 STAT. 639

(j) Collecting and Reporting Requirements.--
(1) Report.--Each eligible entity receiving a grant under
this section shall collect and report to the Secretary annually
such data on the results of the grant as the Secretary may
reasonably require, including data regarding--
(A) the number of students enrolling in Advanced
Placement or International Baccalaureate courses in
mathematics, science, or a critical foreign language,
and pre-Advanced Placement or pre-International
Baccalaureate courses in such a subject, by the grade
the student is enrolled in, and the distribution of
grades those students receive;
(B) the number of students taking Advanced Placement
or International Baccalaureate examinations in
mathematics, science, or a critical foreign language,
and the distribution of scores on those examinations by
the grade the student is enrolled in at the time of the
examination;
(C) the number of teachers receiving training in
teaching Advanced Placement or International
Baccalaureate courses in mathematics, science, or a
critical foreign language who will be teaching such
courses in the next school year;
(D) the number of teachers becoming qualified to
teach Advanced Placement or International Baccalaureate
courses in mathematics, science, or a critical foreign
language; and
(E) the number of qualified teachers who are
teaching Advanced Placement or International
Baccalaureate courses in mathematics, science, or
critical foreign languages to students in a high-need
school.
(2) Reporting of data.--Each eligible entity receiving a
grant under this section shall report data required under
paragraph (1)--
(A) disaggregated by subject area;
(B) in the case of student data, disaggregated in
the same manner as information is disaggregated under
section 1111(h)(1)(C)(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); and
(C) to the extent feasible, in a manner that allows
comparison of conditions before, during, and after the
project.

(k) Evaluation and Report.--From the amount made available for any
fiscal year under subsection (l), the Secretary shall reserve such sums
as may be necessary--
(1) to conduct an annual independent evaluation, by grant or
by contract, of the program carried out under this section,
which shall include an assessment of the impact of the program
on student academic achievement; and
(2) to prepare and submit an annual report on the results of
the evaluation described in paragraph (1) to the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Committee on Education and Labor of the House of
Representatives, and the Committees on Appropriations of the
Senate and House of Representatives.

(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $75,000,000 for fiscal

[[Page 640]]
121 STAT. 640

year 2008, and such sums as may be necessary for each of the 2
succeeding fiscal years.

PART III--PROMISING PRACTICES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS TEACHING

SEC. 6131. [NOTE: 20 USC 9841.] PROMISING PRACTICES.

(a) Purpose.--The purpose of this section is to establish an expert
panel to provide information on promising practices for strengthening
teaching and learning in science, technology, engineering, and
mathematics at the elementary school and secondary school levels. The
panel shall build on prior Federal efforts, such as efforts by the
National Mathematics Advisory Panel, and shall synthesize scientific
evidence pertaining to the improvement of science, technology,
engineering, and mathematics teaching and learning.
(b) National Panel on Promising Practices in K-12 STEM Teaching and
Learning.--
(1) In general.--
The [NOTE: Contracts. Establishment. Deadline.] Secretary
shall enter into a contract with the Center for Education of the
National Academy of Sciences to establish and convene, not later
than 1 year after the date of enactment of this Act, an expert
panel to--
(A) identify promising practices for improving
teaching and student achievement in science, technology,
engineering, and mathematics in kindergarten through
grade 12; and
(B) examine and synthesize the scientific evidence
pertaining to the improvement of science, technology,
engineering, and mathematics teaching and learning.
(2) Composition of national panel.--The National Academy of
Sciences shall ensure that the panel established under paragraph
(1) represents scientists, engineers, mathematicians,
technologists, computer and information technology experts,
educators, principals, researchers with expertise in teaching
and learning (including experts in cognitive science), and
others with relevant expertise. The National Academy of Sciences
shall ensure that the panel includes the following:
(A) Representation of teachers and principals
directly involved in teaching science, technology,
engineering, and mathematics in kindergarten through
grade 12.
(B) Representation of teachers and principals from
diverse demographic groups and geographic areas,
including urban, suburban, and rural schools.
(C) Representation of teachers and principals from
public and private schools.
(3) Qualification of members.--The members of the panel
established under paragraph (1) shall be individuals who have
expertise and experience relating to--
(A) existing science, technology, engineering, and
mathematics education programs;
(B) developing and improving science, technology,
engineering, and mathematics curricula content;
(C) improving the academic achievement of students
who are below grade level in science, technology,
engineering, and mathematics fields; and

[[Page 641]]
121 STAT. 641

(D) research on teaching or learning.

(c) Authorized Activities of National Panel.--The panel established
under subsection (b) shall identify--
(1) promising practices in the effective teaching and
learning of science, technology, engineering, and mathematics
topics in kindergarten through grade 12;
(2) promising training and professional development
techniques designed to help teachers increase their skills and
expertise in improving student achievement in science,
technology, engineering, and mathematics in kindergarten through
grade 12;
(3) critical skills and skills progressions needed to enable
students to acquire competence in science, technology,
engineering, and mathematics and readiness for advanced
secondary school and college level science, technology,
engineering, and mathematics coursework;
(4) processes by which students with varying degrees of
prior academic achievement and backgrounds learn effectively in
the science, technology, engineering, and mathematics fields;
and
(5) areas in which existing data about promising practices
in science, technology, engineering, and mathematics education
are insufficient.

(d) Report.--The panel established under subsection (b) shall
prepare a written report for the Secretary that presents the findings of
the panel pursuant to this section and includes recommendations, based
on the findings of the panel, to strengthen science, technology,
engineering, and mathematics teaching and learning in kindergarten
through grade 12.
(e) [NOTE: Public information. Website.] Dissemination.--The
Secretary shall disseminate the report under subsection (d) to the
public, State educational agencies, and local educational agencies, and
shall make the information in such report available, in an easy to
understand format, on the website of the Department.

(f) Science, Technology, Engineering, and Mathematics Promising
Practices.--
(1) Reliability and measurement.--The promising practices in
the teaching of science, technology, engineering, and
mathematics in elementary schools and secondary schools
collected under this section shall be--
(A) reliable, valid, and grounded in scientifically
valid research;
(B) inclusive of the critical skills and skill
progressions needed for students to acquire competence
in science, technology, engineering, and mathematics;
(C) reviewed regularly to assess effectiveness; and
(D) reviewed in the context of State academic
assessments and student academic achievement standards.
(2) Students with diverse learning needs.--In identifying
promising practices under this section, the panel established
under subsection (b) shall take into account the needs of
students with diverse learning needs, particularly students with
disabilities and students who are limited English proficient.

(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,200,000 for fiscal year 2008.

[[Page 642]]
121 STAT. 642

Subtitle B--Mathematics

SEC. 6201. [NOTE: 20 USC 9851.] MATH NOW FOR ELEMENTARY SCHOOL AND
MIDDLE SCHOOL STUDENTS PROGRAM.

(a) Purpose.--The purpose of this section is to enable all students
to reach or exceed grade-level academic achievement standards and to
prepare the students to enroll in and pass algebra courses by--
(1) improving instruction in mathematics for students in
kindergarten through grade 9 through the implementation of
mathematics programs and the support of comprehensive
mathematics initiatives that are research-based and reflect a
demonstrated record of effectiveness; and
(2) providing targeted help to low-income students who are
struggling with mathematics and whose achievement is
significantly below grade level.

(b) Definition of Eligible Local Educational Agency.--In this
section, the term ``eligible local educational agency'' means a high-
need local educational agency (as defined in section 6112(3)) serving 1
or more schools--
(1) with significant numbers or percentages of students
whose mathematics skills are below grade level;
(2) that are not making adequate yearly progress in
mathematics under section 1111(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)); or
(3) in which students are receiving instruction in
mathematics from teachers who do not have mathematical content
knowledge or expertise in the teaching of mathematics.

(c) Program Authorized.--
(1) [NOTE: Grants.] In general.--From the amounts
appropriated under subsection (k) for any fiscal year, the
Secretary is authorized to award grants, on a competitive basis,
for a period of 3 years, to State educational agencies to enable
the State educational agencies to award grants to eligible local
educational agencies to carry out the activities described in
subsection (e) for students in any of the grades kindergarten
through grade 9.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications for projects that
will implement statewide strategies for improving mathematics
instruction and raising the mathematics achievement of students,
particularly students in grades 4 through 8.

(d) State Uses of Funds.--
(1) In general.--Each State educational agency that receives
a grant under this section for a fiscal year--
(A) shall expend not more than a total of 10 percent
of the grant funds to carry out the activities described
in paragraph (2) or (3) for the fiscal year; and
(B) shall use not less than 90 percent of the grant
funds to award grants, on a competitive basis, to
eligible local educational agencies to enable the
eligible local educational agencies to carry out the
activities described in subsection (e) for the fiscal
year.
(2) Mandatory uses of funds.--A State educational agency
shall use the grant funds made available under paragraph (1)(A)
to carry out each of the following activities:

[[Page 643]]
121 STAT. 643

(A) Planning and administration.--Planning and
administration, including--
(i) evaluating applications from eligible
local educational agencies using peer review teams
described in subsection (f)(1)(D);
(ii) administering the distribution of grants
to eligible local educational agencies; and
(iii) assessing and evaluating, on a regular
basis, eligible local educational agency
activities assisted under this section, with
respect to whether the activities have been
effective in increasing the number of students--
(I) making progress toward meeting
grade-level mathematics achievement; and
(II) meeting or exceeding grade-
level mathematics achievement.
(B) Reporting.--Annually providing the Secretary
with a report on the implementation of this section as
described in subsection (i).
(3) Permissive uses of funds; technical assistance.--
(A) In general.--A State educational agency may use
the grant funds made available under paragraph (1)(A)
for 1 or more of the following technical assistance
activities that assist an eligible local educational
agency, upon request by the eligible local educational
agency, in accomplishing the tasks required to design
and implement a project under this section, including
assistance in--
(i) implementing mathematics programs or
comprehensive mathematics initiatives that are
research-based and reflect a demonstrated record
of effectiveness;
(ii) evaluating and selecting diagnostic and
classroom based instructional mathematics
assessments; and
(iii) identifying eligible professional
development providers to conduct the professional
development activities described in subsection
(e)(1)(B).
(B) Guidance.--The technical assistance described in
subparagraph (A) shall be guided by researchers with
expertise in the pedagogy of mathematics,
mathematicians, and mathematics educators from high-
risk, high-achievement schools and eligible local
educational agencies.

(e) Local Uses of Funds.--
(1) Mandatory uses of funds.--Each eligible local
educational agency receiving a grant under this section shall
use the grant funds to carry out each of the following
activities for students in any of the grades kindergarten
through grade 9:
(A) To implement mathematics programs or
comprehensive mathematics initiatives--
(i) for students in the grades of a
participating school as identified in the
application submitted under subsection (f)(2)(B);
and
(ii) that are research-based and reflect a
demonstrated record of effectiveness.
(B) To provide professional development and
instructional leadership activities for teachers and, if
appropriate,

[[Page 644]]
121 STAT. 644

for administrators and other school staff, on the
implementation of comprehensive mathematics initiatives
designed--
(i) to improve the achievement of students
performing significantly below grade level;
(ii) to improve the mathematical content
knowledge of the teachers, administrators, and
other school staff;
(iii) to increase the use of effective
instructional practices; and
(iv) to monitor student progress.
(C) To conduct continuous progress monitoring, which
may include the adoption and use of assessments that--
(i) measure student progress and identify
areas in which students need help in learning
mathematics; and
(ii) reflect mathematics content that is
consistent with State academic achievement
standards in mathematics described in section
1111(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)).
(2) Permissive uses of funds.--An eligible local educational
agency may use grant funds under this section to--
(A) adopt and use mathematics instructional
materials and assessments;
(B) implement classroom-based assessments, including
diagnostic or formative assessments;
(C) provide remedial coursework and interventions
for students, which may be provided before or after
school;
(D) provide small groups with individualized
instruction in mathematics;
(E) conduct activities designed to improve the
content knowledge and expertise of teachers, such as the
use of a mathematics coach, enrichment activities, and
interdisciplinary methods of mathematics instruction;
and
(F) collect and report performance data.

(f) Applications.--
(1) State educational agency.--Each State educational agency
desiring a grant under this section shall submit an application
to the Secretary at such time and in such manner as the
Secretary may require. Each application shall include--
(A) an assurance that the core mathematics
instructional program, supplemental instructional
materials, and intervention programs used by the
eligible local educational agencies for the project, are
research-based and reflect a demonstrated record of
effectiveness and are aligned with State academic
achievement standards;
(B) an assurance that eligible local educational
agencies will meet the requirements described in
paragraph (2);
(C) an assurance that local applications will be
evaluated using a peer review process;
(D) a description of the qualifications of the peer
review teams, which shall consist of--
(i) researchers with expertise in the pedagogy
of mathematics;
(ii) mathematicians; and

[[Page 645]]
121 STAT. 645

(iii) mathematics educators serving high-risk,
high-achievement schools and eligible local
educational agencies; and
(E) an assurance that the State has a process to
safeguard against conflicts of interest consistent with
subsection (j)(2) and section 6204 for individuals
providing technical assistance on behalf of the State
educational agency or participating in the State peer
review process under this subtitle.
(2) Eligible local educational agency.--Each eligible local
educational agency desiring a grant under this section shall
submit an application to the State educational agency at such
time and in such manner as the State educational agency may
require. Each application shall include--
(A) an assurance that the eligible local educational
agency will provide assistance to 1 or more schools that
are--
(i) served by the eligible local educational
agency; and
(ii) described in section 6201(b);
(B) a description of the grades, and of the schools,
that will be served;
(C) information, on an aggregate basis, on each
school to be served by the project, including such
demographic, socioeconomic, and mathematics achievement
data as the State educational agency may request;
(D) a description of the core mathematics
instructional program, supplemental instructional
materials, and intervention programs or strategies that
will be used for the project, including an assurance
that the programs or strategies are research-based and
reflect a demonstrated record of effectiveness and are
aligned with State academic achievement standards;
(E) a description of the activities that will be
carried out under the grant, including a description of
the professional development that will be provided to
teachers, and, if appropriate, administrators and other
school staff, and a description of how the activities
will support achievement of the purpose of this section;
(F) an assurance that the eligible local educational
agency will report to the State educational agency all
data on student academic achievement that is necessary
for the State educational agency's report under
subsection (i);
(G) a description of the eligible entity's plans for
evaluating the impact of professional development and
leadership activities in mathematics on the content
knowledge and expertise of teachers, administrators, or
other school staff; and
(H) any other information the State educational
agency may reasonably require.

(g) Prohibitions.--
(1) In general.--In implementing this section, the Secretary
shall not--
(A) endorse, approve, or sanction any mathematics
curriculum designed for use in any school; or
(B) engage in oversight, technical assistance, or
activities that will require the adoption of a specific
mathematics

[[Page 646]]
121 STAT. 646

program or instructional materials by a State, local
educational agency, or school.
(2) Rule of construction.--Nothing in this subtitle shall be
construed to authorize or permit the Department of Education, or
a Department of Education contractor, to mandate, direct,
control, or suggest the selection of a mathematics curriculum,
supplemental instructional materials, or program of instruction
by a State, local educational agency, or school.

(h) Matching Requirements.--
(1) State educational agency.--A State educational agency
that receives a grant under this section shall provide, from
non-Federal sources, an amount equal to 50 percent of the amount
of the grant, in cash or in kind, to carry out the activities
supported by the grant, of which not more than 20 percent of
such 50 percent may be provided by local educational agencies
within the State.
(2) Waiver.--The Secretary may waive all of or a portion of
the matching requirement described in paragraph (1) for any
fiscal year, if the Secretary determines that--
(A) the application of the matching requirement will
result in serious hardship for the State educational
agency; or
(B) providing a waiver best serves the purpose of
the program assisted under this section.

(i) Program Performance and Accountability.--
(1) Information.--Each [NOTE: Reports. Deadline.] State
educational agency receiving a grant under this section shall
collect and report to the Secretary annually such information on
the results of the grant as the Secretary may reasonably
require, including information on--
(A) mathematics achievement data that show the
progress of students participating in projects under
this section (including, to the extent practicable,
comparable data from students not participating in such
projects), based primarily on the results of State,
school district wide, or classroom-based, assessments,
including--
(i) specific identification of those schools
and eligible local educational agencies that
report the largest gains in mathematics
achievement; and
(ii) evidence on whether the State educational
agency and eligible local educational agencies
within the State have--
(I) significantly increased the
number of students achieving at grade
level or above in mathematics;
(II) significantly increased the
percentages of students described in
section 1111(b)(2)(C)(v)(II) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II))
who are achieving at grade level or
above in mathematics;
(III) significantly increased the
number of students making significant
progress toward meeting grade-level
mathematics achievement standards; and
(IV) successfully implemented this
section;
(B) the percentage of students in the schools served
by the eligible local educational agency who enroll in

[[Page 647]]
121 STAT. 647

algebra courses and the percentage of such students who
pass algebra courses; and
(C) the progress made in increasing the quality and
accessibility of professional development and leadership
activities in mathematics, especially activities
resulting in greater content knowledge and expertise of
teachers, administrators, and other school staff, except
that the Secretary shall not require such information
until after the third year of a grant awarded under this
section.
(2) Reporting and disaggregation.--The information required
under paragraph (1) shall be--
(A) reported in a manner that allows for a
comparison of aggregated score differentials of student
academic achievement before (to the extent feasible) and
after implementation of the project assisted under this
section; and
(B) disaggregated in the same manner as information
is disaggregated under section 1111(h)(1)(C)(i) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(h)(1)(C)(i)).
(3) Privacy protection.--The data in the report shall be
reported in a manner that--
(A) protects the privacy of individuals; and
(B) complies with the requirements of section 444 of
the General Education Provisions Act (20 U.S.C. 1232g)
(commonly known as the Family Educational Rights and
Privacy Act of 1974).

(j) [NOTE: Grants. Contracts.] Evaluation and Technical
Assistance.--
(1) Evaluation.--
(A) In general.--The Secretary shall conduct an
annual independent evaluation, by grant or by contract,
of the program assisted under this section, which shall
include an assessment of the impact of the program on
student academic achievement and teacher performance,
and may use funds available to carry out this section to
conduct the evaluation.
(B) Report.--The Secretary shall annually submit, to
the Committee on Education and Labor and the Committee
on Appropriations of the House of Representatives, and
to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the
Senate, a report on the results of the evaluation.
(C) Limitations.--
(i) In general.--The Secretary shall ensure
that the organization selected to carry out the
independent evaluation under subparagraph (A) does
not hold a contract or subcontract to implement
any aspect of the program under this section.
(ii) Subcontractors.--Any contract entered
into under subparagraph (A) shall prohibit the
organization conducting the evaluation from
subcontracting with any entity that holds a
contract or subcontract for any aspect of the
implementation of this section.
(iii) Waiver.--Subject to clause (iv), the
Secretary may waive the application of clause (i)
or (ii), or both, in accordance with the
requirements under section 9.503 of title 48, Code
of Federal Regulations, if the

[[Page 648]]
121 STAT. 648

Secretary determines that their application in a
particular situation would not be in the Federal
Government's interest.
(iv) Special rule regarding waivers.--No
organization or subcontractor under this paragraph
shall receive a waiver that allows the
organization or subcontractor to evaluate any
aspect of the program under this section that the
organization or subcontractor was involved in
implementing.
(2) Technical assistance.--
(A) In general.--The Secretary may use funds made
available under paragraph (3) to provide technical
assistance to prospective applicants and to eligible
local educational agencies receiving a grant under this
section.
(B) Conflicts of interest.--If the Secretary carries
out subparagraph (A) through any contracts, the
Secretary, in consultation with the Office of the
General Counsel of the Department, shall ensure that
each contract requires the contractor to--
(i) screen for conflicts of interest when
hiring individuals to carry out the
responsibilities under the contract;
(ii) include the requirement of clause (i) in
any subcontracts the contractor enters into under
the contract; and
(iii) establish and follow a schedule for
carrying out clause (i) and subparagraph (C) and
reporting to the Secretary on the contractor's
actions under those provisions.
(C) Screening process.--Subject to subparagraph (D),
the screening process described in subparagraph (B)(i)
shall--
(i) include, at a minimum, a review of--
(I) each individual performing
duties under the contract or subcontract
for connections to any State's program
under this section;
(II) such individual's potential
financial interests in, or other
connection to, products, activities, or
services that might be purchased by a
State educational agency or local
educational agency in the course of the
agency's implementation of the program
under this section; and
(III) such individual's connections
to teaching methodologies that might
require the use of specific products,
activities, or services; and
(ii) ensure that individuals performing duties
under the contract do not maintain significant
financial interests in products, activities, or
services supported under this section.
(D) Waiver.--
(i) In general.--The Secretary may, in
consultation with the Office of the General
Counsel of the Department, waive the requirements
of subparagraph (C).
(ii) Report.--The Secretary shall--
(I) [NOTE: Criteria.] establish
criteria for the waivers under clause
(i); and

[[Page 649]]
121 STAT. 649

(II) [NOTE: Waivers.] report any
waivers under clause (i), and the
criteria under which such waivers are
allowed, to the Committee on Education
and Labor of the House of
Representatives and the Committee on
Health, Education, Labor, and Pensions
of the Senate.
(E) Information dissemination.--
(i) In general.--If the Secretary enters into
contracts to provide technical assistance under
subparagraph (A), and if a contractor enters into
subcontracts for that purpose, each such contract
and subcontract shall require the provider of
technical assistance to clearly separate technical
assistance provided under the contract or
subcontract from information provided, or
activities engaged in, as part of the normal
operations of the contractor or subcontractor.
(ii) Methods of compliance.--Efforts to comply
with clause (i) may include the creation of
separate webpages for the purpose of fulfilling a
contract or subcontract entered into under
subparagraph (A).
(3) Reservation of funds.--The Secretary may reserve not
more than 2.5 percent of funds appropriated under subsection (k)
for a fiscal year to carry out this subsection.

(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $95,000,000 for fiscal year 2008,
and such sums as may be necessary for each of the 2 succeeding fiscal
years.

SEC. 6202. [NOTE: 20 USC 9852.] SUMMER TERM EDUCATION PROGRAMS.

(a) Purpose.--The purpose of this section is to create opportunities
for summer learning by providing students with access to summer learning
in mathematics, technology, and problem-solving to ensure that students
do not experience learning losses over the summer and to remedy,
reinforce, and accelerate the learning of mathematics and problem-
solving.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) desires to participate in a summer learning
grant program under this section by providing summer
learning opportunities described in subsection
(d)(4)(A)(ii) to eligible students; and
(B) is--
(i) a high-need local educational agency; or
(ii) a consortium consisting of a high-need
local educational agency and 1 or more of the
following entities:
(I) Another local educational
agency.
(II) A community-based youth
development organization with a
demonstrated record of effectiveness in
helping students learn.
(III) An institution of higher
education.
(IV) An educational service agency.
(V) A for-profit educational
provider, nonprofit organization,
science center, museum, or summer
enrichment camp, that has been approved
by the State educational agency to
provide the summer

[[Page 650]]
121 STAT. 650

learning opportunity described in
subsection (d)(4)(A)(ii).
(2) Eligible student.--The term ``eligible student'' means a
student who--
(A) is eligible for a free lunch under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.); and
(B) is served by a local educational agency
identified by the State educational agency in the
application described in subsection (c)(2).
(3) High-need local educational agency.--The term ``high-
need local educational agency'' has the meaning given the term
in section 6112.

(c) Demonstration Grant Program.--
(1) Program authorized.--
(A) In general.--From the funds appropriated under
subsection (f) for a fiscal year, the Secretary shall
carry out a demonstration grant program in which the
Secretary awards grants, on a competitive basis, to
State educational agencies to enable the State
educational agencies to pay the Federal share of summer
learning grants for eligible students.
(B) Number of grants.--For each fiscal year, the
Secretary shall award not more than 5 grants under this
section.
(2) Application.--A State educational agency that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. Such
application shall identify the areas in the State where the
summer learning grant program will be offered and the local
educational agencies that serve such areas.
(3) Award basis.--
(A) Special consideration.--In awarding grants under
this section, the Secretary shall give special
consideration to a State educational agency that agrees,
to the extent possible, to enter into agreements with
eligible entities that are consortia described in
subsection (b)(1)(B)(ii) and that proposes to target
services to children in grades kindergarten through
grade 8.
(B) Geographic distribution.--In awarding grants
under this section, the Secretary shall take into
consideration an equitable geographic distribution of
the grants.

(d) Summer Learning Grants.--
(1) Use of grants for summer learning grants.--
(A) In general.--Each State educational agency that
receives a grant under subsection (c) for a fiscal year
shall use the grant funds to provide summer learning
grants for the fiscal year to eligible students in the
State who desire to attend a summer learning opportunity
offered by an eligible entity that enters into an
agreement with the State educational agency under
paragraph (4)(A).
(B) Amount; federal and non-federal shares.--
(i) Amount.--The amount of a summer learning
grant provided under this section shall be--
(I) for each of the fiscal years
2008 through 2011, $1,600; and

[[Page 651]]
121 STAT. 651

(II) for fiscal year 2012, $1,800.
(ii) Federal share.--The Federal share of each
summer learning grant shall be not more than 50
percent of the amount of the summer learning grant
determined under clause (i).
(iii) Non-federal share.--The non-Federal
share of each summer learning grant shall be not
less than 50 percent of the amount of the summer
learning grant determined under clause (i), and
shall be provided from non-Federal sources.
(2) Designation of summer scholars.--Eligible students who
receive summer learning grants under this section shall be known
as ``summer scholars''.
(3) Selection of summer learning opportunity.--
(A) Dissemination of information.--A State
educational agency that receives a grant under
subsection (c) shall disseminate information about
summer learning opportunities and summer learning grants
to the families of eligible students in the State.
(B) Application.--The parents of an eligible student
who are interested in having their child participate in
a summer learning opportunity and receive a summer
learning grant shall submit an application to the State
educational agency that includes a ranked list of
preferred summer learning opportunities.
(C) Process.--A State educational agency that
receives an application under subparagraph (B) shall--
(i) process such application;
(ii) determine whether the eligible student
shall receive a summer learning grant;
(iii) coordinate the assignment of eligible
students receiving summer learning grants with
summer learning opportunities; and
(iv) if demand for a summer learning
opportunity exceeds capacity, the State
educational agency shall prioritize applications
to low-achieving eligible students.
(D) Flexibility.--A State educational agency may
assign a summer scholar to a summer learning opportunity
program that is offered in an area served by a local
educational agency that is not the local educational
agency serving the area where such scholar resides.
(E) Requirement of acceptance.--An eligible entity
shall accept, enroll, and provide the summer learning
opportunity of such entity to, any summer scholar
assigned to such summer learning opportunity by a State
educational agency pursuant to this subsection.
(4) Agreement with eligible entity.--
(A) In general.--A State educational agency shall
enter into an agreement with one or more eligible
entities offering a summer learning opportunity, under
which--
(i) the State educational agency shall agree
to make payments to the eligible entity, in
accordance with subparagraph (B), for a summer
scholar; and
(ii) the eligible entity shall agree to
provide the summer scholar with a summer learning
opportunity that--

[[Page 652]]
121 STAT. 652

(I) provides a total of not less
than the equivalent of 30 full days of
instruction (or not less than the
equivalent of 25 full days of
instruction, if the equivalent of an
additional 5 days is devoted to field
trips or other enrichment opportunities)
to the summer scholar;
(II) employs small-group, research-
based educational programs, materials,
curricula, and practices;
(III) provides a curriculum that--
(aa) emphasizes mathematics,
technology, engineering, and
problem-solving through
experiential learning
opportunities;
(bb) is primarily designed
to increase the numeracy and
problem-solving skills of the
summer scholar; and
(cc) is aligned with State
academic content standards and
goals of the local educational
agency serving the summer
scholar;
(IV) measures student progress to
determine the gains made by summer
scholars in the summer learning
opportunity, and disaggregates the
results of such progress for summer
scholars by race and ethnicity, economic
status, limited English proficiency
status, and disability status, in order
to determine the opportunity's impact on
each subgroup of summer scholars;
(V) collects daily attendance data
on each summer scholar;
(VI) provides professional
development opportunities for teachers
to improve their practice in teaching
numeracy, and in integrating problem-
solving techniques into the curriculum;
and
(VII) meets all applicable Federal,
State, and local civil rights laws.
(B) Amount of payment.--
(i) In general.--Except as provided in clause
(ii), a State educational agency shall make a
payment to an eligible entity for a summer scholar
in the amount determined under paragraph
(1)(B)(i).
(ii) Adjustment.--In the case in which a
summer scholar does not attend the full summer
learning opportunity, the State educational agency
shall reduce the amount provided to the eligible
entity pursuant to clause (i) by a percentage that
is equal to the percentage of the summer learning
opportunity not attended by such scholar.
(5) Administrative costs.--A State educational agency or
eligible entity receiving funding under this section may use not
more than 5 percent of such funding for administrative costs
associated with carrying out this section.

(e) Evaluations; Report; Website.--
(1) Evaluation and assessment.--For each year that an
eligible entity enters into an agreement under subsection
(d)(4), the eligible entity shall prepare and submit to the
Secretary a report on the activities and outcomes of each summer
learning opportunity that enrolled a summer scholar, including--

[[Page 653]]
121 STAT. 653

(A) information on the design of the summer learning
opportunity;
(B) the alignment of the summer learning opportunity
with State standards; and
(C) data from assessments of student mathematics and
problem-solving skills for the summer scholars and on
the attendance of the scholars, disaggregated by the
subgroups described in subsection (d)(4)(A)(ii)(IV).
(2) Report.--For each year funds are appropriated under
subsection (f) for this section, the Secretary shall prepare and
submit a report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives on the summer learning
grant programs, including the effectiveness of the summer
learning opportunities in improving student achievement and
learning.
(3) Summer learning grants website.--The Secretary shall
make accessible, on the Department of Education website,
information for parents and school personnel on successful
programs and curricula, and best practices, for summer learning
opportunities.

(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary for
fiscal year 2008 and each of the 2 succeeding fiscal years.

SEC. 6203. [NOTE: 20 USC 9853.] MATH SKILLS FOR SECONDARY SCHOOL
STUDENTS.

(a) Purposes.--The purposes of this section are--
(1) to provide assistance to State educational agencies and
local educational agencies in implementing effective research-
based mathematics programs for students in secondary schools,
including students with disabilities and students with limited
English proficiency;
(2) to improve instruction in mathematics for students in
secondary school through the implementation of mathematics
programs and the support of comprehensive mathematics
initiatives that are based on the best available evidence of
effectiveness;
(3) to provide targeted help to low-income students who are
struggling with mathematics and whose achievement is
significantly below grade level; and
(4) to provide in-service training for mathematics coaches
who can assist secondary school teachers to utilize research-
based mathematics instruction to develop and improve students'
mathematical abilities and knowledge, and assist teachers in
assessing and improving student academic achievement.

(b) Definitions.--In this section:
(1) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency that
is eligible to receive funds, and that is receiving funds, under
part A of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.).
(2) Mathematics coach.--The term ``mathematics coach'' means
a certified or licensed teacher, with a demonstrated
effectiveness in teaching mathematics to students with
specialized needs in mathematics and improving student academic

[[Page 654]]
121 STAT. 654

achievement in mathematics, a command of mathematical content
knowledge, and the ability to work with classroom teachers to
improve the teachers' instructional techniques to support
mathematics improvement, who works on site at a school--
(A) to train teachers to better assess student
learning in mathematics;
(B) to train teachers to assess students'
mathematics skills and identify students who need
remediation; and
(C) to provide or assess remedial mathematics
instruction, including for--
(i) students in after-school and summer school
programs;
(ii) students requiring additional
instruction;
(iii) students with disabilities; and
(iv) students with limited English
proficiency.

(c) [NOTE: Grants.] Program Authorized.--
(1) In general.--From funds appropriated under subsection
(o) for a fiscal year, the Secretary shall establish a program,
in accordance with the requirements of this section, that will
provide grants on a competitive basis to State educational
agencies to award grants and subgrants to eligible local
educational agencies for the purpose of establishing mathematics
programs to improve the overall mathematics performance of
secondary school students in the State.
(2) Length of grant.--A grant to a State educational agency
under this section shall be awarded for a period of 3 years.

(d) Reservation of Funds by the Secretary.--From amounts
appropriated under subsection (o) for a fiscal year, the Secretary may
reserve--
(1) not more than 3 percent of such amounts to fund national
activities in support of the programs assisted under this
section, such as research and dissemination of best practices,
except that the Secretary may not use the reserved funds to
award grants directly to local educational agencies; and
(2) not more than \1/2\ of 1 percent of such amounts for the
Bureau of Indian Education of the Department of the Interior to
carry out the services and activities described in subsection
(k)(3) for Indian children.

(e) Grant Formulas.--
(1) Competitive grants to state educational agencies.--From
amounts appropriated under subsection (o) and not reserved under
subsection (d), the Secretary shall award grants, on a
competitive basis, to State educational agencies to enable the
State educational agencies to provide subgrants to eligible
local educational agencies to establish mathematics programs for
the purpose of improving overall mathematics performance among
students in secondary school in the State.
(2) Minimum grant.--The Secretary shall ensure that the
minimum grant made to any State educational agency under this
section shall be not less than $500,000.

(f) Applications.--In order to receive a grant under this section, a
State educational agency shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information as the
Secretary may require. Each such application shall meet the following
conditions:

[[Page 655]]
121 STAT. 655

(1) A State educational agency shall not include the
application for assistance under this section in a consolidated
application submitted under section 9302 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7842).
(2) The State educational agency's application shall include
assurances that such application and any technical assistance
provided by the State will be guided by a peer review team,
which shall consist of--
(A) researchers with expertise in the pedagogy of
mathematics;
(B) mathematicians; and
(C) mathematics educators serving high-risk, high-
achievement schools and eligible local educational
agencies.
(3) The State educational agency shall include an assurance
that the State has a process to safeguard against conflicts of
interest consistent with subsection (m)(2) and section 6204 for
individuals providing technical assistance on behalf of the
State educational agency or participating in the State peer
review process under this subtitle.
(4) The State educational agency will participate, if
requested, in any evaluation of the State educational agency's
program under this section.
(5) The State educational agency's application shall include
a program plan that contains a description of the following:
(A) How the State educational agency will assist
eligible local educational agencies in implementing
subgrants, including providing ongoing professional
development for mathematics coaches, teachers,
paraprofessionals, and administrators.
(B) How the State educational agency will help
eligible local educational agencies identify high-
quality screening, diagnostic, and classroom-based
instructional mathematics assessments.
(C) How the State educational agency will help
eligible local educational agencies identify high-
quality research-based mathematics materials and
programs.
(D) How the State educational agency will help
eligible local educational agencies identify appropriate
and effective materials, programs, and assessments for
students with disabilities and students with limited
English proficiency.
(E) How the State educational agency will ensure
that professional development funded under this
section--
(i) is based on mathematics research;
(ii) will effectively improve instructional
practices for mathematics for secondary school
students;
(iii) will improve student academic
achievement in mathematics; and
(iv) is coordinated with professional
development activities funded through other
programs, including section 2113 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6613).
(F) How funded activities will help teachers and
other instructional staff to implement research-based
components of mathematics instruction and improve
student academic achievement.
(G) The subgrant process the State educational
agency will use to ensure that eligible local
educational agencies

[[Page 656]]
121 STAT. 656

receiving subgrants implement programs and practices
based on mathematics research.
(H) How the State educational agency will build on
and promote coordination among mathematics programs in
the State to increase overall effectiveness in improving
mathematics instruction and student academic
achievement, including for students with disabilities
and students with limited English proficiency.
(I) How the State educational agency will regularly
assess and evaluate the effectiveness of the eligible
local educational agency activities funded under this
section.

(g) State Use of Funds.--Each State educational agency receiving a
grant under this section shall--
(1) establish a peer review team comprised of researchers
with expertise in the pedagogy of mathematics, mathematicians,
and mathematics educators from high-risk, high-achievement
schools, to provide guidance to eligible local educational
agencies in selecting or developing and implementing
appropriate, research-based mathematics programs for secondary
school students;
(2) use 80 percent of the grant funds received under this
section for a fiscal year to fund high-quality applications for
subgrants to eligible local educational agencies having
applications approved under subsection (k); and
(3) use 20 percent of the grant funds received under this
section--
(A) to carry out State-level activities described in
the application submitted under subsection (f);
(B) to provide--
(i) technical assistance to eligible local
educational agencies; and
(ii) high-quality professional development to
teachers and mathematics coaches in the State;
(C) to oversee and evaluate subgrant services and
activities undertaken by the eligible local educational
agencies as described in subsection (k)(3); and
(D) for administrative costs, of which not more than
5 percent of the grant funds may be used for planning,
administration, and reporting.

(h) Notice to Eligible Local Educational Agencies.--Each State
educational agency receiving a grant under this section shall provide
notice to all eligible local educational agencies in the State about the
availability of subgrants under this section.
(i) Prohibitions.--
(1) In general.--In implementing this section, the Secretary
shall not--
(A) endorse, approve, or sanction any mathematics
curriculum designed for use in any school; or
(B) engage in oversight, technical assistance, or
activities that will require the adoption of a specific
mathematics program or instructional materials by a
State, local educational agency, or school.
(2) Rule of construction.--Nothing in this section shall be
construed to authorize or permit the Secretary, Department of
Education, or a Department of Education contractor, to mandate,
direct, control, or suggest the selection of a mathematics

[[Page 657]]
121 STAT. 657

curriculum, supplemental instructional materials, or program of
instruction by a State, local educational agency, or school.

(j) Supplement Not Supplant.--Each State educational agency
receiving a grant under this section shall use the grant funds to
supplement, not supplant, State funding for activities authorized under
this section or for other educational activities.
(k) Subgrants to Eligible Local Educational Agencies.--
(1) Application.--
(A) In general.--Each eligible local educational
agency desiring a subgrant under this subsection shall
submit an application to the State educational agency in
the form and according to the schedule established by
the State educational agency.
(B) Contents.--In addition to any information
required by the State educational agency, each
application under subparagraph (A) shall demonstrate how
the eligible local educational agency will carry out the
following required activities:
(i) Development or selection and
implementation of research-based mathematics
assessments.
(ii) Development or selection and
implementation of research-based mathematics
programs, including programs for students with
disabilities and students with limited English
proficiency.
(iii) Selection of instructional materials
based on mathematics research.
(iv) High-quality professional development for
mathematics coaches and teachers based on
mathematics research.
(v) Evaluation and assessment strategies.
(vi) Reporting.
(vii) Providing access to research-based
mathematics materials.
(C) Consortia.--Consistent with State law, an
eligible local educational agency may apply to the State
educational agency for a subgrant as a member of a
consortium of local educational agencies if each member
of the consortium is an eligible local educational
agency.
(2) Award basis.--
(A) Priority.--A State educational agency awarding
subgrants under this subsection shall give priority to
eligible local educational agencies that--
(i) are among the local educational agencies
in the State with the lowest graduation rates, as
described in section 1111(b)(2)(C)(vi) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)(vi)); and
(ii) have the highest number or percentage of
students who are counted under section 1124(c) of
the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6333(c)).
(B) Amount of grants.--Subgrants under this
subsection shall be of sufficient size and scope to
enable eligible local educational agencies to fully
implement activities assisted under this subsection.
(3) Local use of funds.--Each eligible local educational
agency receiving a subgrant under this subsection shall use

[[Page 658]]
121 STAT. 658

the subgrant funds to carry out, at the secondary school level,
the following services and activities:
(A) Hiring mathematics coaches and providing
professional development for mathematics coaches--
(i) at a level to provide effective coaching
to classroom teachers;
(ii) to work with classroom teachers to better
assess student academic achievement in
mathematics;
(iii) to work with classroom teachers to
identify students with mathematics problems and,
where appropriate, refer students to available
programs for remediation and additional services;
(iv) to work with classroom teachers to
diagnose and remediate mathematics difficulties of
the lowest-performing students, so that those
teachers can provide intensive, research-based
instruction, including during after-school and
summer sessions, geared toward ensuring that those
students can access and be successful in rigorous
academic coursework; and
(v) to assess and organize student data on
mathematics and communicate that data to school
administrators to inform school reform efforts.
(B) Reviewing, analyzing, developing, and, where
possible, adapting curricula to make sure mathematics
skills are taught within other core academic subjects.
(C) Providing mathematics professional development
for all relevant teachers in secondary school, as
necessary, that addresses both remedial and higher level
mathematics skills for students in the applicable
curriculum.
(D) Providing professional development for teachers,
administrators, and paraprofessionals serving secondary
schools to help the teachers, administrators, and
paraprofessionals improve student academic achievement
in mathematics.
(E) Procuring and implementing programs and
instructional materials based on mathematics research,
including software and other education technology
related to mathematics instruction with demonstrated
effectiveness in improving mathematics instruction and
student academic achievement.
(F) Building on and promoting coordination among
mathematics programs in the eligible local educational
agency to increase overall effectiveness in--
(i) improving mathematics instruction; and
(ii) increasing student academic achievement,
including for students with disabilities and
students with limited English proficiency.
(G) Evaluating the effectiveness of the
instructional strategies, teacher professional
development programs, and other interventions that are
implemented under the subgrant.
(H) Measuring improvement in student academic
achievement, including through progress monitoring or
other assessments.
(4) Supplement not supplant.--Each eligible local
educational agency receiving a subgrant under this subsection
shall use the subgrant funds to supplement, not supplant, the
eligible

[[Page 659]]
121 STAT. 659

local educational agency's funding for activities authorized
under this section or for other educational activities.
(5) New services and activities.--Subgrant funds provided
under this subsection may be used only to provide services and
activities authorized under this section that were not provided
on the day before the date of enactment of this Act.
(6) Evaluations.--Each [NOTE: Reports.] eligible local
educational agency receiving a grant under this subsection shall
participate, as requested by the State educational agency or the
Secretary, in reviews and evaluations of the programs of the
eligible local educational agency and the effectiveness of such
programs, and shall provide such reports as are requested by the
State educational agency and the Secretary.

(l) Matching Requirements.--
(1) State educational agency requirements.--A State
educational agency that receives a grant under this section
shall provide, from non-Federal sources, an amount equal to 50
percent of the amount of the grant, in cash or in-kind, to carry
out the activities supported by the grant, of which not more
than 20 percent of such 50 percent may be provided by local
educational agencies within the State.
(2) Waiver.--The Secretary may waive all or a portion of the
matching requirements described in paragraph (1) for any fiscal
year, if the Secretary determines that--
(A) the application of the matching requirement will
result in serious hardship for the State educational
agency; or
(B) providing a waiver best serves the purpose of
the program assisted under this section.

(m) [NOTE: Grants. Contracts.] Evaluation and Technical
Assistance.--
(1) Evaluation.--
(A) In general.--The Secretary shall conduct an
annual independent evaluation, by grant or by contract,
of the program assisted under this section, which shall
include an assessment of the impact of the program on
student academic achievement and teacher performance,
and may use funds available to carry out this section to
conduct the evaluation.
(B) Report.--The Secretary shall annually submit to
the Committee on Education and Labor and the Committee
on Appropriations of the House of Representatives, and
to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the
Senate, a report on the results of the evaluation.
(C) Limitations.--
(i) In general.--The Secretary shall ensure
that the organization selected to carry out the
independent evaluation under subparagraph (A) does
not hold a contract or subcontract to implement
any aspect of the program under this section.
(ii) Subcontractors.--Any contract entered
into under subparagraph (A) shall prohibit the
organization conducting the evaluation from
subcontracting with any entity that holds a
contract or subcontract for any aspect of the
implementation of this section.
(iii) Waiver.--Subject to clause (iv), the
Secretary may waive the application of clause (i)
or (ii), or both,

[[Page 660]]
121 STAT. 660

in accordance with the requirements under section
9.503 of title 48, Code of Federal Regulations, if
the Secretary determines that their application in
a particular situation would not be in the Federal
Government's interest.
(iv) Special rule regarding waivers.--No
organization or subcontractor under this paragraph
shall receive a waiver that allows the
organization or subcontractor to evaluate any
aspect of the program under this section that the
organization or subcontractor was involved in
implementing.
(2) Technical assistance.--
(A) In general.--The Secretary may use funds made
available under paragraph (3) to provide technical
assistance to prospective applicants and to State
educational agencies and eligible local educational
agencies receiving grants or subgrants under this
section.
(B) Conflicts of interest.--If the Secretary carries
out subparagraph (A) through any contracts, the
Secretary, in consultation with the Office of the
General Counsel of the Department, shall ensure that
each contract requires the contractor to--
(i) screen for conflicts of interest when
hiring individuals to carry out the
responsibilities under the contract;
(ii) include the requirement of clause (i) in
any subcontracts the contractor enters into under
the contract; and
(iii) establish and follow a schedule for
carrying out clause (i) and subparagraph (C) and
reporting to the Secretary on the contractor's
actions under those provisions.
(C) Screening process.--Subject to subparagraph (D),
the screening process described in subparagraph (B)(i)
shall--
(i) include, at a minimum, a review of--
(I) each individual performing
duties under the contract or subcontract
for connections to any State's program
under this section;
(II) such individual's potential
financial interests in, or other
connection to, products, activities, or
services that might be purchased by a
State educational agency or local
educational agency in the course of the
agency's implementation of the program
under this section; and
(III) such individual's connections
to teaching methodologies that might
require the use of specific products,
activities, or services; and
(ii) ensure that individuals performing duties
under the contract do not maintain significant
financial interests in products, activities, or
services supported under this section.
(D) Waiver.--
(i) In general.--The Secretary may, in
consultation with the Office of the General
Counsel of the Department, waive the requirements
of subparagraph (C).

[[Page 661]]
121 STAT. 661

(ii) Report.--The Secretary shall--

(I) [NOTE: Criteria. Waivers.] establis
h criteria for the waivers under clause
(i); and
(II) report any waivers under clause
(i), and the criteria under which such
waivers are allowed, to the Committee on
Education and Labor of the House of
Representatives and the Committee on
Health, Education, Labor, and Pensions
of the Senate.
(E) Information dissemination.--
(i) In general.--If the Secretary enters into
contracts to provide technical assistance under
subparagraph (A), and if a contractor enters into
subcontracts for that purpose, each such contract
and subcontract shall require the provider of
technical assistance to clearly separate technical
assistance provided under the contract or
subcontract from information provided, or
activities engaged in, as part of the normal
operations of the contractor or subcontractor.
(ii) Methods of compliance.--Efforts to comply
with clause (i) may include the creation of
separate webpages for the purpose of fulfilling a
contract or subcontract entered into under
subparagraph (A).
(3) Reservation of funds.--The Secretary may reserve not
more than 2.5 percent of funds appropriated under subsection (o)
for a fiscal year to carry out this subsection.

(n) Program Performance and Accountability.--
(1) Information.--Each State educational agency receiving a
grant under this section shall collect and report to the
Secretary annually such information on the results of the grant
as the Secretary may reasonably require, including information
on--
(A) mathematics achievement data that show the
progress of students participating in projects under
this section (including, to the extent practicable,
comparable data from students not participating in such
projects), based primarily on the results of State,
school districtwide, or classroom-based monitoring
reports or assessments, including--
(i) specific identification of those schools
and eligible local educational agencies that
report the largest gains in mathematics
achievement; and
(ii) evidence on whether the State educational
agency and eligible local educational agencies
within the State have--
(I) significantly increased the
number of students achieving at the
proficient or advanced level on the
State student academic achievement
standards in mathematics under section
1111(b)(1)(D)(ii) of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)(D)(ii));
(II) significantly increased the
percentages of students described in
section 1111(b)(2)(C)(v)(II) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II))
who are achieving proficiency or
advanced levels on such State academic
content standards in mathematics;

[[Page 662]]
121 STAT. 662

(III) significantly increased the
number of students making significant
progress toward meeting such State
academic content and achievement
standards in mathematics; and
(IV) successfully implemented this
section;
(B) the percentage of students in the schools served
by the eligible local educational agency who enroll in
advanced mathematics courses in grades 9 through 12,
including the percentage of such students who pass such
courses; and
(C) the progress made in increasing the quality and
accessibility of professional development and leadership
activities in mathematics, especially activities
resulting in greater content knowledge and expertise of
teachers, administrators, and other school staff, except
that the Secretary shall not require such information
until after the third year of a grant awarded under this
section.
(2) Reporting and disaggregation.--The information required
under paragraph (1) shall be--
(A) reported in a manner that allows for a
comparison of aggregated score differentials of student
academic achievement before (to the extent feasible) and
after implementation of the project assisted under this
section; and
(B) disaggregated in the same manner as information
is disaggregated under section 1111(h)(1)(C)(i) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(h)(1)(C)(i)).

(o) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $95,000,000 for fiscal year 2008
and each of the 2 succeeding fiscal years.

SEC. 6204. [NOTE: 20 USC 9854.] PEER REVIEW OF STATE APPLICATIONS.

(a) [NOTE: Establishment.] Peer Review of State Applications.--The
Secretary shall establish peer review panels to review State educational
agency applications submitted pursuant to sections 6201 and 6203 and
shall consider the recommendation of the peer review panels in deciding
whether to approve the applications.

(b) Screening.--
(1) In general.--The Secretary shall establish a process
through which individuals on the peer review panels who review
State applications under sections 6201 and 6203 (referred to in
this section as ``reviewers'') are screened for potential
conflicts of interest.
(2) Screening requirements.--The screening process described
in paragraph (1) shall, subject to paragraph (3)--
(A) be reviewed and approved by the Office of the
General Counsel of the Department;
(B) include, at a minimum, a review of each
reviewer's--
(i) professional connection to any State's
program under such sections, including a
disclosure of any connection to publishers,
entities, private individuals, or organizations
related to such State's program;
(ii) potential financial interest in products,
activities, or services that might be purchased by
a State educational agency or local educational
agency in the

[[Page 663]]
121 STAT. 663

course of the agency's implementation of the
programs under such sections; and
(iii) professional connections to teaching
methodologies that might require the use of
specific products, activities, or services; and
(C) ensure that reviewers do not maintain
significant financial interests in products, activities,
or services supported under such sections.
(3) Waiver.--
(A) In general.--The Secretary may, in consultation
with the Office of the General Counsel of the
Department, waive the requirements of paragraph (2)(C).
(B) Report of waivers.--The Secretary shall--
(i) [NOTE: Criteria.] establish criteria for
the waivers permitted under subparagraph (A); and
(ii) report any waivers allowed under
subparagraph (A), and the criteria under which
such waivers are allowed, to the Committee on
Education and Labor of the House of
Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.

(c) Guidance.--
(1) [NOTE: Procedures.] In general.--The Secretary shall
develop procedures for, and issue guidance regarding, how
reviewers will review applications submitted under sections 6201
and 6203 and provide feedback to State educational agencies and
recommendations to the Secretary. The Secretary shall also
develop guidance for how the Secretary will review those
recommendations and make final determinations of approval or
disapproval of those applications.
(2) Requirements.--Such procedures shall, at a minimum--
(A) create a transparent process through which
review panels provide clear, consistent, and publicly
available documentation and explanations in support of
all recommendations, including the final reviews of the
individual reviewers, except that a final review shall
not reveal any personally identifiable information about
the reviewer;
(B) ensure that a State educational agency has the
opportunity for direct interaction with any review panel
that reviewed the agency's application under section
6201 or 6203 when revising that application as a result
of feedback from the panel, including the disclosure of
the identities of the reviewers;
(C) require that any review panel and the Secretary
clearly and consistently document that all required
elements of an application under section 6201 or 6203
are included before the application is approved; and
(D) create a transparent process through which the
Secretary clearly, consistently, and publicly documents
decisions to approve or disapprove applications under
such sections and the reasons for those decisions.

[[Page 664]]
121 STAT. 664

Subtitle C--Foreign Language Partnership Program

SEC. 6301. [NOTE: 20 USC 9861.] FINDINGS AND PURPOSE.

(a) Findings.--Congress makes the following findings:
(1) The United States faces a shortage of skilled
professionals with higher levels of proficiency in foreign
languages and area knowledge critical to the Nation's security.
(2) Given the Nation's economic competitiveness interests,
it is crucial that our Nation expand the number of Americans who
are able to function effectively in the environments in which
critical foreign languages are spoken.
(3) Students' ability to become proficient in foreign
languages can be addressed by starting language learning at a
younger age and expanding opportunities for continuous foreign
language education from elementary school through postsecondary
education.

(b) Purpose.--The purpose of this subtitle is to significantly
increase--
(1) the opportunities to study critical foreign languages
and the context in which the critical foreign languages are
spoken; and
(2) the number of American students who achieve the highest
level of proficiency in critical foreign languages.

SEC. 6302. [NOTE: 20 USC 9862.] DEFINITIONS.

In this subtitle:
(1) Eligible recipient.--The term ``eligible recipient''
means an entity mutually agreed upon by a partnership that shall
receive grant funds under this subtitle on behalf of the
partnership for use in carrying out the activities assisted
under this subtitle.
(2) Partnership.--The term ``partnership'' means a
partnership that--
(A) shall include--
(i) an institution of higher education; and
(ii) 1 or more local educational agencies; and
(B) may include 1 or more entities that support the
purposes of this subtitle.
(3) Superior level of proficiency.--The term ``superior
level of proficiency'' means level 3, the professional working
level, as measured by the Federal Interagency Language
Roundtable (ILR) or by other generally recognized measures of
superior standards.

SEC. 6303. [NOTE: 20 USC 9863.] PROGRAM AUTHORIZED.

(a) Program Authorized.--
(1) In general.--The [NOTE: Grants.] Secretary is
authorized to award grants to eligible recipients to enable
partnerships served by the eligible recipients to establish
articulated programs of study in critical foreign languages that
will enable students to advance successfully from elementary
school through postsecondary education and achieve higher levels
of proficiency in a critical foreign language.
(2) Duration.--A grant awarded under paragraph (1) shall be
for a period of not more than 5 years, of which 2 years

[[Page 665]]
121 STAT. 665

may be for planning and development. A grant may be renewed for
not more than 2 additional 5-year periods, if the Secretary
determines that the partnership's program is effective and the
renewal will best serve the purposes of this subtitle.

(b) Applications.--
(1) In general.--Each eligible recipient desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--Each application shall--
(A) identify each local educational agency partner,
including contact information and letters of commitment,
and describe the responsibilities of each member of the
partnership, including--
(i) how each of the partners will be involved
in planning, developing, and implementing--
(I) program curriculum and
materials; and
(II) teacher professional
development;
(ii) what resources each of the partners will
provide; and
(iii) how the partners will contribute to
ensuring the continuity of student progress from
elementary school through the postsecondary level;
(B) describe how an articulated curriculum for
students will be developed and implemented, which may
include the use and integration of technology into such
curriculum;
(C) identify target proficiency levels for students
at critical benchmarks (such as grades 4, 8, and 12),
and describe how progress toward those proficiency
levels will be assessed at the benchmarks, and how the
program will use the results of the assessments to
ensure continuous progress toward achieving a superior
level of proficiency at the postsecondary level;
(D) describe how the partnership will--
(i) ensure that students from a program
assisted under this subtitle who are beginning
postsecondary education will be assessed and
enabled to progress to a superior level of
proficiency;
(ii) address the needs of students already at,
or near, the superior level of proficiency, which
may include diagnostic assessments for placement
purposes, customized and individualized language
learning opportunities, and experimental and
interdisciplinary language learning; and
(iii) identify and describe how the
partnership will work with institutions of higher
education outside the partnership to provide
participating students with multiple options for
postsecondary education consistent with the
purposes of this subtitle;
(E) describe how the partnership will support and
continue the program after the grant has expired,
including how the partnership will seek support from
other sources, such as State and local governments,
foundations, and the private sector; and
(F) describe what assessments will be used or, if
assessments not available, how assessments will be
developed.

(c) Uses of Funds.--Grant funds awarded under this subtitle--

[[Page 666]]
121 STAT. 666

(1) shall be used to plan, develop, and implement programs
at the elementary school level through postsecondary education,
consistent with the purpose of this subtitle, including--
(A) the development of curriculum and instructional
materials; and
(B) recruitment of students; and
(2) may be used for--
(A) teacher recruitment (including recruitment from
other professions and recruitment of native-language
speakers in the community) and professional development
directly related to the purposes of this subtitle at the
elementary school through secondary school levels;
(B) development of appropriate assessments;
(C) opportunities for maximum language exposure for
students in the program, such as the creation of
immersion environments (such as language houses,
language tables, immersion classrooms, and weekend and
summer experiences) and special tutoring and academic
support;
(D) dual language immersion programs;
(E) scholarships and study-abroad opportunities,
related to the program, for postsecondary students and
newly recruited teachers who have advanced levels of
proficiency in a critical foreign language, except that
not more than 20 percent of the grant funds provided to
an eligible recipient under this section for a fiscal
year may be used to carry out this subparagraph;
(F) activities to encourage community involvement to
assist in meeting the purposes of this subtitle;
(G) summer institutes for students and teachers;
(H) bridge programs that allow dual enrollment for
secondary school students in institutions of higher
education;
(I) programs that expand the understanding and
knowledge of historic, geographic, and contextual
factors within countries with populations who speak
critical foreign languages, if such programs are carried
out in conjunction with language instruction;
(J) research on, and evaluation of, the teaching of
critical foreign languages;
(K) data collection and analysis regarding the
results of--
(i) various student recruitment strategies;
(ii) program design; and
(iii) curricular approaches;
(L) the impact of the strategies, program design,
and curricular approaches described in subparagraph (K)
on increasing--
(i) the number of students studying critical
foreign languages; and
(ii) the proficiency of the students in the
critical foreign languages; and
(M) distance learning projects for critical foreign
language learning.

(d) Matching Requirement.--
(1) In general.--An eligible recipient that receives a grant
under this subtitle shall provide, toward the cost of carrying

[[Page 667]]
121 STAT. 667

out the activities supported by the grant, from non-Federal
sources, an amount equal to--
(A) 20 percent of the amount of the grant payment
for the first fiscal year for which a grant payment is
made;
(B) 30 percent of the amount of the grant payment
for the second such fiscal year;
(C) 40 percent of the amount of the grant payment
for the third such fiscal year; and
(D) 50 percent of the amount of the grant payment
for each of the fourth and fifth such fiscal years.
(2) Non-federal share.--The non-Federal share required under
paragraph (1) may be provided in cash or in-kind.
(3) Waiver.--The Secretary may waive all or part of the
matching requirement of paragraph (1), for any fiscal year, if
the Secretary determines that--
(A) the application of the matching requirement will
result in serious hardship for the partnership; or
(B) the waiver will best serve the purposes of this
subtitle.

(e) Supplement Not Supplant.--Grant funds provided under this
subtitle shall be used to supplement, not supplant, other Federal and
non-Federal funds available to carry out the activities described in
subsection (c).
(f) Technical Assistance.--The [NOTE: Contracts.] Secretary shall
enter into a contract to establish a technical assistance center to
provide technical assistance to partnerships developing critical foreign
language programs assisted under this subtitle. The center shall--
(1) assist the partnerships in the development of critical
foreign language instructional materials and assessments; and
(2) disseminate promising foreign language instructional
practices.

(g) Program Evaluation.--
(1) In general.--The Secretary may reserve not more than 5
percent of the total amount appropriated for this subtitle for
any fiscal year to annually evaluate the programs under this
subtitle.
(2) Report.--The Secretary shall prepare and annually
submit, to the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Education and Labor of
the House of Representatives, and the Committees on
Appropriations of the Senate and House of Representatives, a
report--
(A) on the results of any program evaluation
conducted under this subsection; and
(B) that includes best practices on the teaching and
learning of foreign languages based on the findings from
the evaluation.

SEC. 6304. [NOTE: 20 USC 9864.] AUTHORIZATION OF APPROPRIATIONS.

For the purpose of carrying out this subtitle, there are authorized
to be appropriated $28,000,000 for fiscal year 2008, and such sums as
may be necessary for each of the 2 succeeding fiscal years.

[[Page 668]]
121 STAT. 668

Subtitle D--Alignment of Education Programs

SEC. 6401. [NOTE: 20 USC 9871.] ALIGNMENT OF SECONDARY SCHOOL
GRADUATION REQUIREMENTS WITH THE DEMANDS OF 21ST CENTURY
POSTSECONDARY ENDEAVORS AND SUPPORT FOR P-16 EDUCATION DATA
SYSTEMS.

(a) Purpose.--It is the purpose of this section--
(1) to promote more accountability with respect to
preparation for higher education, the 21st century workforce,
and the Armed Forces, by aligning--
(A) student knowledge, student skills, State
academic content standards and assessments, and
curricula, in elementary and secondary education,
especially with respect to mathematics, science,
reading, and, where applicable, engineering and
technology; with
(B) the demands of higher education, the 21st
century workforce, and the Armed Forces;
(2) to support the establishment or improvement of statewide
P-16 education data systems that--
(A) assist States in improving the rigor and quality
of State academic content standards and assessments;
(B) ensure students are prepared to succeed in--
(i) academic credit-bearing coursework in
higher education without the need for remediation;
(ii) the 21st century workforce; or
(iii) the Armed Forces; and
(3) enable States to have valid and reliable information to
inform education policy and practice.

(b) Definitions.--In this section:
(1) P-16 education.--The term ``P-16 education'' means the
educational system from preschool through the conferring of a
baccalaureate degree.
(2) Statewide partnership.--The term ``statewide
partnership'' means a partnership that--
(A) shall include--
(i) the Governor of the State or the designee
of the Governor;
(ii) the heads of the State systems for public
higher education, or, if such a position does not
exist, not less than 1 representative of a public
degree-granting institution of higher education;
(iii) a representative of the agencies in the
State that administer Federal or State-funded
early childhood education programs;
(iv) not less than 1 representative of a
public community college;
(v) not less than 1 representative of a
technical school;
(vi) not less than 1 representative of a
public secondary school;
(vii) the chief State school officer;
(viii) the chief executive officer of the
State higher education coordinating board;
(ix) not less than 1 public elementary school
teacher employed in the State;

[[Page 669]]
121 STAT. 669

(x) not less than 1 early childhood educator
in the State;
(xi) not less than 1 public secondary school
teacher employed in the State;
(xii) not less than 1 representative of the
business community in the State; and
(xiii) not less than 1 member of the Armed
Forces; and
(B) may include other individuals or representatives
of other organizations, such as a school administrator,
a faculty member at an institution of higher education,
a member of a civic or community organization, a
representative from a private institution of higher
education, a dean or similar representative of a school
of education at an institution of higher education or a
similar teacher certification or licensure program, or
the State official responsible for economic development.

(c) Grants Authorized.--The Secretary is authorized to award grants,
on a competitive basis, to States to enable each such State to work with
a statewide partnership--
(1) to promote better alignment of content knowledge
requirements for secondary school graduation with the knowledge
and skills needed to succeed in postsecondary education, the
21st century workforce, or the Armed Forces; or
(2) to establish or improve a statewide P-16 education data
system.

(d) Period of Grants; Non-Renewability.--
(1) Grant period.--The Secretary shall award a grant under
this section for a period of not more than 3 years.
(2) Non-renewability.--The Secretary shall not award a State
more than 1 grant under this section.

(e) Authorized Activities.--
(1) Grants for p-16 alignment.--Each State receiving a grant
under subsection (c)(1)--
(A) shall use the grant funds for--
(i) identifying and describing the content
knowledge and skills students who enter
institutions of higher education, the workforce,
and the Armed Forces need to have in order to
succeed without any remediation based on detailed
requirements obtained from institutions of higher
education, employers, and the Armed Forces;
(ii) identifying and making changes that need
to be made to a State's secondary school
graduation requirements, academic content
standards, academic achievement standards, and
assessments preceding graduation from secondary
school in order to align the requirements,
standards, and assessments with the knowledge and
skills necessary for success in academic credit-
bearing coursework in postsecondary education, in
the 21st century workforce, and in the Armed
Forces without the need for remediation;
(iii) convening stakeholders within the State
and creating a forum for identifying and
deliberating on education issues that--

[[Page 670]]
121 STAT. 670

(I) involve preschool through grade
12 education, postsecondary education,
the 21st century workforce, and the
Armed Forces; and
(II) transcend any single system of
education's ability to address; and
(iv) implementing activities designed to
ensure the enrollment of all elementary school and
secondary school students in rigorous coursework,
which may include--
(I) specifying the courses and
performance levels necessary for
acceptance into institutions of higher
education; and
(II) developing or providing
guidance to local educational agencies
within the State on the adoption of
curricula and assessments aligned with
State academic content standards, which
assessments may be used as measures of
student academic achievement in
secondary school as well as for entrance
or placement at institutions of higher
education, including through
collaboration with institutions of
higher education in, or State
educational agencies serving, other
States; and
(B) may use the grant funds for--
(i) developing and making available specific
opportunities for extensive professional
development for teachers, paraprofessionals,
principals, and school administrators, including
collection and dissemination of effective teaching
practices to improve instruction and instructional
support mechanisms;
(ii) identifying changes in State academic
content standards, academic achievement standards,
and assessments for students in grades preceding
secondary school in order to ensure such standards
and assessments are appropriately aligned and
adequately reflect the content needed to prepare
students to enter secondary school;
(iii) developing a plan to provide remediation
and additional learning opportunities for students
who are performing below grade level to ensure
that all students will have the opportunity to
meet secondary school graduation requirements;
(iv) identifying and addressing teacher
certification needs; or
(v) incorporating 21st century learning skills
into the State plan, which skills shall include
critical thinking, problem solving, communication,
collaboration, global awareness, and business and
financial literacy.
(2) Grants for statewide p-16 education data systems.--
(A) Establishment of system.--Each State that
receives a grant under subsection (c)(2) shall establish
a statewide P-16 education longitudinal data system
that--
(i) provides each student, upon enrollment in
a public elementary school or secondary school in
the State, with a unique identifier, such as a bar
code, that--

[[Page 671]]
121 STAT. 671

(I) does not permit a student to be
individually identified by users of the
system; and
(II) is retained throughout the
student's enrollment in P-16 education
in the State; and
(ii) meets the requirements of subparagraphs
(B) through (E).
(B) Improvement of existing system.--Each State that
receives a grant under subsection (c)(2) for the
improvement of a statewide P-16 education data system
may employ, coordinate, or revise an existing statewide
data system to establish a statewide longitudinal P-16
education data system that meets the requirements of
subparagraph (A), if the statewide longitudinal P-16
education data system produces valid and reliable data.
(C) Privacy and access to data.--
(i) In general.--Each State that receives a
grant under subsection (c)(2) shall implement
measures to--
(I) ensure that the statewide P-16
education data system meets the
requirements of section 444 of the
General Education Provisions Act (20
U.S.C. 1232g) (commonly known as the
Family Educational Rights and Privacy
Act of 1974);
(II) limit the use of information in
the statewide P-16 education data system
by institutions of higher education and
State or local educational agencies or
institutions to the activities set forth
in paragraph (1) or State law regarding
education, consistent with the purposes
of this subtitle;
(III) prohibit the disclosure of
personally identifiable information
except as permitted under section 444 of
the General Education Provisions Act and
any additional limitations set forth in
State law;
(IV) keep an accurate accounting of
the date, nature, and purpose of each
disclosure of personally identifiable
information in the statewide P-16
education data system, a description of
the information disclosed, and the name
and address of the person, agency,
institution, or entity to whom the
disclosure is made, which accounting
shall be made available on request to
parents of any student whose information
has been disclosed;
(V) notwithstanding section 444 of
the General Education Provisions Act,
require any non-governmental party
obtaining personally identifiable
information to sign a data use agreement
prior to disclosure that--
(aa) prohibits the party
from further disclosing the
information;
(bb) prohibits the party
from using the information for
any purpose other than the
purpose specified in the
agreement; and
(cc) requires the party to
destroy the information when the
purpose for which the disclosure
was made is accomplished;
(VI) maintain adequate security
measures to ensure the confidentiality
and integrity of the

[[Page 672]]
121 STAT. 672

statewide P-16 education data system,
such as protecting a student record from
identification by a unique identifier;
(VII) where rights are provided to
parents under this clause, provide those
rights to the student instead of the
parent if the student has reached the
age of 18 or is enrolled in a
postsecondary educational institution;
and
(VIII) ensure adequate enforcement
of the requirements of this clause.
(ii) Use of unique identifiers.--
(I) Governmental use of unique
identifiers.--It shall be unlawful for
any Federal, State, or local
governmental agency to use the unique
identifiers employed in the statewide P-
16 education data systems for any
purpose other than as authorized by
Federal or State law regarding
education, or to deny any individual any
right, benefit, or privilege provided by
law because of such individual's refusal
to disclose the individual's unique
identifier.
(II) Regulations.--
Not [NOTE: Deadline.] later than 180
days after the date of enactment of this
Act, the Secretary shall promulgate
regulations governing the use by
governmental and non-governmental
entities of the unique identifiers
employed in statewide P-16 education
data systems, including, where
necessary, regulations requiring States
desiring grants for statewide P-16
education data systems under this
section to implement specified measures,
with the goal of safeguarding individual
privacy to the maximum extent
practicable consistent with the uses of
the information authorized in this Act
or other Federal or State law regarding
education.
(D) Required elements of a statewide p-16 education
data system.--The State shall ensure that the statewide
P-16 education data system includes the following
elements:
(i) Preschool through grade 12 education and
postsecondary education.--With respect to
preschool through grade 12 education and
postsecondary education--
(I) a unique statewide student
identifier that does not permit a
student to be individually identified by
users of the system;
(II) student-level enrollment,
demographic, and program participation
information;
(III) student-level information
about the points at which students exit,
transfer in, transfer out, drop out, or
complete P-16 education programs;
(IV) the capacity to communicate
with higher education data systems; and
(V) a State data audit system
assessing data quality, validity, and
reliability.
(ii) Preschool through grade 12 education.--
With respect to preschool through grade 12
education--

[[Page 673]]
121 STAT. 673

(I) yearly test records of
individual students with respect to
assessments under section 1111(b) of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b));
(II) information on students not
tested by grade and subject;
(III) a teacher identifier system
with the ability to match teachers to
students;
(IV) student-level transcript
information, including information on
courses completed and grades earned; and
(V) student-level college readiness
test scores.
(iii) Postsecondary education.--With respect
to postsecondary education, data that provide--
(I) information regarding the extent
to which students transition
successfully from secondary school to
postsecondary education, including
whether students enroll in remedial
coursework; and
(II) other information determined
necessary to address alignment and
adequate preparation for success in
postsecondary education.
(E) Functions of the statewide p-16 education data
system.--In implementing the statewide P-16 education
data system, the State shall--
(i) identify factors that correlate to
students' ability to successfully engage in and
complete postsecondary-level general education
coursework without the need for prior
developmental coursework;
(ii) identify factors to increase the
percentage of low-income and minority students who
are academically prepared to enter and
successfully complete postsecondary-level general
education coursework; and
(iii) use the data in the system to otherwise
inform education policy and practice in order to
better align State academic content standards, and
curricula, with the demands of postsecondary
education, the 21st century workforce, and the
Armed Forces.

(f) Application.--
(1) In general.--Each State desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require.
(2) Application contents.--Each application submitted under
this section shall specify whether the State application is for
the conduct of P-16 education alignment activities, or the
establishment or improvement of a statewide P-16 education data
system. The application shall include, at a minimum, the
following:
(A) A description of the activities and programs to
be carried out with the grant funds and a comprehensive
plan for carrying out the activities.
(B) A description of how the concerns and interests
of the larger education community, including parents,
students, teachers, teacher educators, principals, and
preschool administrators will be represented in carrying
out the authorized activities described in subsection
(e).

[[Page 674]]
121 STAT. 674

(C) In the case of a State applying for funding for
P-16 education alignment, a description of how the State
will provide assistance to local educational agencies in
implementing rigorous State academic content standards,
substantive curricula, remediation, and acceleration
opportunities for students, as well as other changes
determined necessary by the State.
(D) In the case of a State applying for funding to
establish or improve a statewide P-16 education data
system--
(i) a description of the privacy protection
and enforcement measures that the State has
implemented or will implement pursuant to
subsection (e)(2)(C), and assurances that these
measures will be in place prior to the
establishment or improvement of the statewide P-16
education data system; and
(ii) an assurance that the State will continue
to fund the statewide P-16 education data system
after the end of the grant period.

(g) Supplement Not Supplant.--Grant funds provided under this
section shall be used to supplement, not supplant, other Federal, State,
and local funds available to carry out the authorized activities
described in subsection (e).
(h) Matching Requirement.--Each State that receives a grant under
this section shall provide, from non-Federal sources, an amount equal to
100 percent of the amount of the grant, in cash or in kind, to carry out
the activities supported by the grant.
(i) Rule of Construction.--
(1) No raw data requirement.--Nothing in this section shall
be construed to require States to provide raw data to the
Secretary.
(2) Private or home schools.--Nothing in this section shall
be construed to affect any private school that does not receive
funds or services under this Act or any home school, whether or
not the home school is treated as a home school or a private
school under State law, including imposing new requirements for
students educated through a home school seeking admission to
institutions of higher education.

(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $120,000,000 for fiscal year 2008
and such sums as may be necessary for fiscal year 2009.

Subtitle E--Mathematics and Science Partnership Bonus Grants

SEC. 6501. [NOTE: 20 USC 9881.] MATHEMATICS AND SCIENCE PARTNERSHIP
BONUS GRANTS.

(a) In General.--From amounts appropriated under section 6502, the
Secretary shall award a grant--
(1) for each of the school years 2007-2008 through 2010-
2011, to each of the 3 elementary schools, and each of the 3
secondary schools, each of which has a high concentration of low
income students as defined in section 1707(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6537(2)), in each
State whose students demonstrate the most

[[Page 675]]
121 STAT. 675

improvement in mathematics, as measured by the improvement in
the students' average score on the State's assessments in
mathematics for the school year for which the grant is awarded,
as compared to the school year preceding the school year for
which the grant is awarded; and
(2) for each of the school years 2008-2009 through 2010-
2011, to each of the 3 elementary schools, and each of the 3
secondary schools, each of which has a high concentration of low
income students as defined in section 1707(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6537(2)), in each
State whose students demonstrate the most improvement in
science, as measured by the improvement in the students' average
score on the State's assessments in science for the school year
for which the grant is awarded, as compared to the school year
preceding the school year for which the grant is awarded.

(b) Grant Amount.--The amount of each grant awarded under this
section shall be $50,000.

SEC. 6502. [NOTE: 20 USC 9882.] AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this subtitle
such sums as may be necessary for fiscal years 2008 and each of the 2
succeeding fiscal years.

TITLE VII--NATIONAL SCIENCE FOUNDATION

SEC. 7001. [NOTE: 42 USC 1862o note.] DEFINITIONS.

In this title:
(1) Basic research.--The term ``basic research'' has the
meaning given such term in the Office of Management and Budget
circular No. A-11.
(2) Board.--The term ``Board'' means the National Science
Board established under section 2 of the National Science
Foundation Act of 1950 (42 U.S.C. 1861).
(3) Director.--The term ``Director'' means the Director of
the Foundation.
(4) Elementary school.--The term ``elementary school'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(6) Institution of higher education.--The term ``institution
of higher education'' has the meaning given such term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(7) Secondary school.--The term ``secondary school'' has the
meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 7002. AUTHORIZATION OF APPROPRIATIONS.

(a) Fiscal Year 2008.--
(1) In general.--There are authorized to be appropriated to
the Foundation $6,600,000,000 for fiscal year 2008.

[[Page 676]]
121 STAT. 676

(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,156,000,000 shall be made available for
research and related activities, of which--
(i) $115,000,000 shall be made available for
the Major Research Instrumentation program;
(ii) $165,400,000 shall be made available for
the Faculty Early Career Development (CAREER)
Program;
(iii) $61,600,000 shall be made available for
the Research Experiences for Undergraduates
program;
(iv) $120,000,000 shall be made available for
the Experimental Program to Stimulate Competitive
Research;
(v) $47,300,000 shall be made available for
the Integrative Graduate Education and Research
Traineeship program;
(vi) $9,000,000 shall be made available for
the Graduate Research Fellowship program; and
(vii) $10,000,000 shall be made available for
the professional science master's degree program
under section 7034;
(B) $896,000,000 shall be made available for
education and human resources, of which--
(i) $100,000,000 shall be for Mathematics and
Science Education Partnerships established under
section 9 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n);
(ii) $89,800,000 shall be for the Robert Noyce
Scholarship Program established under section 10
of the National Science Foundation Authorization
Act of 2002 (42 U.S.C. 1862n-1);
(iii) $40,000,000 shall be for the Science,
Mathematics, Engineering, and Technology Talent
Expansion Program established under section 8(7)
of the National Science Foundation Authorization
Act of 2002 (Public Law 107-368);
(iv) $52,000,000 shall be for the Advanced
Technological Education program established by
section 3(a) of the Scientific and Advanced-
Technology Act of 1992 (Public Law 102-476);
(v) $27,100,000 shall be made available for
the Integrative Graduate Education and Research
Traineeship program; and
(vi) $96,600,000 shall be made available for
the Graduate Research Fellowship program;
(C) $245,000,000 shall be made available for major
research equipment and facilities construction;
(D) $285,600,000 shall be made available for agency
operations and award management;
(E) $4,050,000 shall be made available for the
Office of the National Science Board; and
(F) $12,350,000 shall be made available for the
Office of Inspector General.

(b) Fiscal Year 2009.--
(1) In general.--There are authorized to be appropriated to
the Foundation $7,326,000,000 for fiscal year 2009.

[[Page 677]]
121 STAT. 677

(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,742,300,000 shall be made available for
research and related activities, of which--
(i) $123,100,000 shall be made available for
the Major Research Instrumentation program;
(ii) $183,600,000 shall be made available for
the Faculty Early Career Development (CAREER)
Program;
(iii) $68,400,000 shall be made available for
the Research Experiences for Undergraduates
program;
(iv) $133,200,000 shall be made available for
the Experimental Program to Stimulate Competitive
Research;
(v) $52,500,000 shall be made available for
the Integrative Graduate Education and Research
Traineeship program;
(vi) $10,000,000 shall be made available for
the Graduate Research Fellowship program; and
(vii) $12,000,000 shall be made available for
the professional science master's degree program
under section 7034;
(B) $995,000,000 shall be made available for
education and human resources, of which--
(i) $111,000,000 shall be for Mathematics and
Science Education Partnerships established under
section 9 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n);
(ii) $115,000,000 shall be for the Robert
Noyce Scholarship Program established under
section 10 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1);
(iii) $50,000,000 shall be for the Science,
Mathematics, Engineering, and Technology Talent
Expansion Program established under section 8(7)
of the National Science Foundation Authorization
Act of 2002 (Public Law 107-368);
(iv) $57,700,000 shall be for the Advanced
Technological Education program as established by
section 3(a) of the Scientific and Advanced-
Technology Act of 1992 (Public Law 102-476);
(v) $30,100,000 shall be made available for
the Integrative Graduate Education and Research
Traineeship program; and
(vi) $107,200,000 shall be made available for
the Graduate Research Fellowship program;
(C) $262,000,000 shall be made available for major
research equipment and facilities construction;
(D) $309,760,000 shall be made available for agency
operations and award management;
(E) $4,190,000 shall be made available for the
Office of the National Science Board; and
(F) $12,750,000 shall be made available for the
Office of Inspector General.

(c) Fiscal Year 2010.--
(1) In general.--There are authorized to be appropriated to
the Foundation $8,132,000,000 for fiscal year 2010.

[[Page 678]]
121 STAT. 678

(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $6,401,000,000 shall be made available for
research and related activities, of which--
(i) $131,700,000 shall be made available for
the Major Research Instrumentation program;
(ii) $203,800,000 shall be made available for
the Faculty Early Career Development (CAREER)
Program;
(iii) $75,900,000 shall be made available for
the Research Experiences for Undergraduates
program;
(iv) $147,800,000 shall be made available for
the Experimental Program to Stimulate Competitive
Research;
(v) $58,300,000 shall be made available for
the Integrative Graduate Education and Research
Traineeship program;
(vi) $11,100,000 shall be made available for
the Graduate Research Fellowship program; and
(vii) $15,000,000 shall be made available for
the professional science master's degree program
under section 7034;
(B) $1,104,000,000 shall be made available for
education and human resources, of which--
(i) $123,200,000 shall be for Mathematics and
Science Education Partnerships established under
section 9 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n);
(ii) $140,500,000 shall be for the Robert
Noyce Scholarship Program established under
section 10 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1);
(iii) $55,000,000 shall be for the Science,
Mathematics, Engineering, and Technology Talent
Expansion Program established under section 8(7)
of the National Science Foundation Authorization
Act of 2002 (Public Law 107-368);
(iv) $64,000,000 shall be for the Advanced
Technological Education program as established by
section 3(a) of the Scientific and Advanced-
Technology Act of 1992 (Public Law 102-476);
(v) $33,400,000 shall be made available for
the Integrative Graduate Education and Research
Traineeship program; and
(vi) $119,000,000 shall be made available for
the Graduate Research Fellowship program;
(C) $280,000,000 shall be made available for major
research equipment and facilities construction;
(D) $329,450,000 shall be made available for agency
operations and award management;
(E) $4,340,000 shall be made available for the
Office of the National Science Board; and
(F) $13,210,000 shall be made available for the
Office of Inspector General.

[[Page 679]]
121 STAT. 679

SEC. 7003. [NOTE: 42 USC 1862o note.] REAFFIRMATION OF THE MERIT-
REVIEW PROCESS OF THE NATIONAL SCIENCE FOUNDATION.

Nothing in this title or title I, or the amendments made by this
title or title I, shall be interpreted to require or recommend that the
Foundation--
(1) alter or modify its merit-review system or peer-review
process; or
(2) exclude the awarding of any proposal by means of the
merit-review or peer-review process.

SEC. 7004. SENSE OF THE CONGRESS REGARDING THE MATHEMATICS AND SCIENCE
PARTNERSHIP PROGRAMS OF THE DEPARTMENT OF EDUCATION AND THE
NATIONAL SCIENCE FOUNDATION.

It is the sense of the Congress that--
(1) although the mathematics and science education
partnership program at the Foundation and the mathematics and
science partnership program at the Department of Education
practically share the same name, the 2 programs are intended to
be complementary, not duplicative;
(2) the Foundation partnership programs are innovative,
model reform initiatives that move promising ideas in education
from research into practice to improve teacher quality, develop
challenging curricula, and increase student achievement in
mathematics and science, and Congress intends that the
Foundation peer-reviewed partnership programs found to be
effective should be put into wider practice by dissemination
through the Department of Education partnership programs; and
(3) the Director and the Secretary of Education should have
ongoing collaboration to ensure that the 2 components of this
priority effort for mathematics and science education continue
to work in concert for the benefit of States and local
practitioners nationwide.

SEC. 7005. [NOTE: 42 USC 1862o note.] CURRICULA.

Nothing in this title, or the amendments made by this title, shall
be construed to limit the authority of State governments or local school
boards to determine the curricula of their students.

SEC. 7006. CENTERS FOR RESEARCH ON LEARNING AND EDUCATION IMPROVEMENT.

(a) [NOTE: 42 USC 1862n-2 note.] Funding for Centers.--The
Director shall continue to carry out the program of Centers for Research
on Learning and Education Improvement as established in section 11 of
the National Science Foundation Authorization Act of 2002 (42 U.S.C.
1862n-2).

(b) Eligibility for Centers.--Section 11 of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-2) is amended--
(1) in subsection (a)(1), by inserting ``or eligible
nonprofit organizations'' after ``institutions of higher
education'';
(2) in subsection (b)(1), by inserting ``or an eligible
nonprofit organization'' after ``institution of higher
education''; and
(3) in subsection (b)(1), by striking ``of such
institutions'' and inserting ``thereof''.

[[Page 680]]
121 STAT. 680

SEC. 7007. INTERDISCIPLINARY RESEARCH.

(a) In General.--The Board shall evaluate the role of the Foundation
in supporting interdisciplinary research, including through the Major
Research Instrumentation program, the effectiveness of the Foundation's
efforts in providing information to the scientific community about
opportunities for funding of interdisciplinary research proposals, and
the process through which interdisciplinary proposals are selected for
support. The Board shall also evaluate the effectiveness of the
Foundation's efforts to engage undergraduate students in research
experiences in interdisciplinary settings, including through the
Research in Undergraduate Institutions program and the Research
Experiences for Undergraduates program.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Board shall provide the results of its evaluation under
subsection (a), including a recommendation for the proportion of the
Foundation's research and related activities funding that should be
allocated for interdisciplinary research, to the Committee on Science
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on Health,
Education, Labor, and Pensions of the Senate.

SEC. 7008. [NOTE: 42 USC 1862o.] POSTDOCTORAL RESEARCH FELLOWS.

(a) Mentoring.--The Director shall require that all grant
applications that include funding to support postdoctoral researchers
include a description of the mentoring activities that will be provided
for such individuals, and shall ensure that this part of the application
is evaluated under the Foundation's broader impacts merit review
criterion. Mentoring activities may include career counseling, training
in preparing grant applications, guidance on ways to improve teaching
skills, and training in research ethics.
(b) Reports.--The Director shall require that annual reports and the
final report for research grants that include funding to support
postdoctoral researchers include a description of the mentoring
activities provided to such researchers.

SEC. 7009. [NOTE: 42 USC 1862o-1.] RESPONSIBLE CONDUCT OF RESEARCH.

The Director shall require that each institution that applies for
financial assistance from the Foundation for science and engineering
research or education describe in its grant proposal a plan to provide
appropriate training and oversight in the responsible and ethical
conduct of research to undergraduate students, graduate students, and
postdoctoral researchers participating in the proposed research project.

SEC. 7010. [NOTE: 42 USC 1862o-2.] REPORTING OF RESEARCH RESULTS.

The Director shall ensure that all final project reports and
citations of published research documents resulting from research
funded, in whole or in part, by the Foundation, are made available to
the public in a timely manner and in electronic form through the
Foundation's Web site.

SEC. 7011. [NOTE: 42 USC 1862o-3.] SHARING RESEARCH RESULTS.

An investigator supported under a Foundation award, whom the
Director determines has failed to comply with the provisions of section
734 of the Foundation Grant Policy Manual, shall be

[[Page 681]]
121 STAT. 681

ineligible for a future award under any Foundation supported program or
activity. The Director may restore the eligibility of such an
investigator on the basis of the investigator's subsequent compliance
with the provisions of section 734 of the Foundation Grant Policy Manual
and with such other terms and conditions as the Director may impose.

SEC. 7012. [NOTE: 42 USC 1862o-4.] FUNDING FOR SUCCESSFUL SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION PROGRAMS.

(a) Evaluation of Programs.--The Director shall, on an annual basis,
evaluate all of the Foundation's grants that are scheduled to expire
within 1 year and--
(1) that have the primary purpose of meeting the objectives
of the Science and Engineering Equal Opportunity Act (42 U.S.C.
1885 et seq.); or
(2) that have the primary purpose of providing teacher
professional development.

(b) Continuation of Funding.--For grants that are identified under
subsection (a) and that are determined by the Director to be successful
in meeting the objectives of the initial grant solicitation, the
Director may extend the duration of those grants for not more than 3
additional years beyond their scheduled expiration without the
requirement for a recompetition.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director shall
submit a report to the Committee on Science and Technology of the House
of Representatives and to the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor, and
Pensions of the Senate that--
(1) lists the grants that have been extended in duration by
the authority provided under this section; and
(2) provides any recommendations the Director may have
regarding the extension of the authority provided under this
section to programs other than those specified in subsection
(a).

SEC. 7013. COST SHARING.

(a) In General.--The Board shall evaluate the impact of its policy
to eliminate cost sharing for research grants and cooperative agreements
for existing programs that were developed around industry partnerships
and historically required industry cost sharing, such as the Engineering
Research Centers and Industry/University Cooperative Research Centers.
The Board shall also consider the impact that the cost sharing policy
has on initiating new programs for which industry interest and
participation are sought.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Board shall report to the Committee on Science and
Technology and the Committee on Appropriations of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation, the Committee on Health, Education, Labor, and Pensions,
and the Committee on Appropriations of the Senate, on the results of the
evaluation under subsection (a).

SEC. 7014. ADDITIONAL REPORTS.

(a) Report on Funding for Major Facilities.--

[[Page 682]]
121 STAT. 682

(1) Preconstruction funding.--The Board shall evaluate the
appropriateness of the requirement that funding for detailed
design work and other preconstruction activities for major
research equipment and facilities come exclusively from the
sponsoring research division rather than being available, at
least in part, from the Major Research Equipment and Facilities
Construction account.
(2) Maintenance and operation costs.--The Board shall
evaluate the appropriateness of the Foundation's policies for
allocation of costs for, and oversight of, maintenance and
operation of major research equipment and facilities.
(3) Report.--Not later than 6 months after the date of
enactment of this Act, the Board shall report on the results of
the evaluations under paragraphs (1) and (2) and on any
recommendations for modifying the current policies related to
allocation of funding for major research equipment and
facilities to the Committee on Science and Technology and the
Committee on Appropriations of the House of Representatives, and
to the Committee on Commerce, Science, and Transportation, the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.

(b) Inclusion of Polar Facilities Upgrades in Major Research
Equipment and Facilities Construction Plan.--Section 201(a)(2)(D) of the
National Science Foundation Authorization Act of 1998 (42 U.S.C.
1862l(a)(2)(D)) is amended by inserting ``and for major upgrades of
facilities in support of Antarctic research programs'' after
``facilities construction account''.
(c) Report on Education Programs Within the Research Directorates.--
Not later than 6 months after the date of enactment of this Act, the
Director shall transmit to the Committee on Science and Technology of
the House of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor, and
Pensions of the Senate a report cataloging all elementary school and
secondary school, informal, and undergraduate educational programs and
activities supported through appropriations for Research and Related
Activities. The report shall display the programs and activities by
directorate, along with estimated funding levels for the fiscal years
2006, 2007, and 2008, and shall provide a description of the goals of
each program and activity. The report shall also describe how the
programs and activities relate to or are coordinated with the programs
supported by the Education and Human Resources Directorate.
(d) Report on Research in Undergraduate Institutions Program.--The
Director shall transmit to Congress, as part of the President's fiscal
year 2011 budget submission under section 1105 of title 31, United
States Code, a report listing the funding success rates and distribution
of awards for the Research in Undergraduate Institutions program, by
type of institution based on the highest academic degree conferred by
the institution, for fiscal years 2008, 2009, and 2010.
(e) Annual Plan for Allocation of Education and Human Resources
Funding.--
(1) In general.--Not [NOTE: Deadline.] later than 60 days
after the date of enactment of legislation providing for the
annual appropriation of funds for the Foundation, the Director
shall submit to the Committee on Science and Technology and the
Committee

[[Page 683]]
121 STAT. 683

on Appropriations of the House of Representatives, and to the
Committee on Commerce, Science, and Transportation, the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate, a plan for the
allocation of education and human resources funds authorized by
this title for the corresponding fiscal year, including any
funds from within the research and related activities account
used to support activities that have the primary purpose of
improving education or broadening participation.
(2) Specific requirements.--The plan shall include a
description of how the allocation of funding--
(A) will affect the average size and duration of
education and human resources grants supported by the
Foundation;
(B) will affect trends in research support for the
effective instruction of science, technology,
engineering, and mathematics;
(C) will affect the kindergarten through grade 20
pipeline for the study of science, technology,
engineering, and mathematics; and
(D) will encourage the interest of individuals
identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b) in science, technology, engineering, and
mathematics, and help prepare such individuals to pursue
postsecondary studies in these fields.

SEC. 7015. ADMINISTRATIVE AMENDMENTS.

(a) Triannual Audit of the Office of the National Science Board.--
Section 15(a) of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-5) is amended--
(1) in paragraph (3), by striking ``an annual audit'' and
inserting ``an audit every three years'';
(2) in paragraph (4), by striking ``each year'' and
inserting ``every third year''; and
(3) by inserting after paragraph (4) the following:
``(5) Materials relating to closed portions of meetings.--
To [NOTE: Records.] facilitate the audit required under
paragraph (3) of this subsection, the Office of the National
Science Board shall maintain the General Counsel's certificate,
the presiding officer's statement, and a transcript or recording
of any closed meeting, for at least 3 years after such
meeting.''.

(b) Limited Term Personnel for the National Science Board.--
Subsection (g) of section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863(g)) is amended to read as follows:
``(g) The Board may, with the concurrence of a majority of its
members, permit the appointment of a staff consisting of not more than 5
professional staff members, technical and professional personnel on
leave of absence from academic, industrial, or research institutions for
a limited term, and such operations and support staff members as may be
necessary. Such staff shall be appointed by the Chairman and assigned at
the direction of the Board. The professional members and limited term
technical and professional personnel of such staff may be appointed
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and the provisions of
chapter 51 of such title relating to classification, and shall be
compensated at

[[Page 684]]
121 STAT. 684

a rate not exceeding the maximum rate payable under section 5376 of such
title, as may be necessary to provide for the performance of such duties
as may be prescribed by the Board in connection with the exercise of its
powers and functions under this Act. Section 14(a)(3) shall apply to
each limited term appointment of technical and professional personnel
under this subsection. Each appointment under this subsection shall be
subject to the same security requirements as those required for
personnel of the Foundation appointed under section 14(a).''.
(c) Increase in Number of Waterman Awards to Three.--Section 6(c) of
the National Science Foundation Authorization Act, 1976 (42 U.S.C.
1881a) is amended to read as follows:
``(c) Not more than three awards may be made under this section in
any one fiscal year.''.

SEC. 7016. NATIONAL SCIENCE BOARD REPORTS.

Paragraphs (1) and (2) of section 4(j) of the National Science
Foundation Act of 1950 (42 U.S.C. 1863(j)(1) and (2)) are amended by
striking ``, for submission to'' and ``for submission to'',
respectively, and inserting ``and''.

SEC. 7017. PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 AMENDMENT.

Section 3801(a)(1) of title 31, United States Code (commonly known
as the ``Program Fraud Civil Remedies Act of 1986'') is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(E) the National Science Foundation.''.

SEC. 7018. [NOTE: 42 USC 1862o-5.] MEETING CRITICAL NATIONAL SCIENCE
NEEDS.

(a) In General.--In addition to any other criteria, the Director
shall include consideration of the degree to which awards and research
activities that otherwise qualify for support by the Foundation may
assist in meeting critical national needs in innovation,
competitiveness, safety and security, the physical and natural sciences,
technology, engineering, social sciences, and mathematics.
(b) Priority Treatment.--The Director shall give priority in the
selection of awards and the allocation of Foundation resources to
proposed research activities, and grants funded under the Foundation's
Research and Related Activities Account, that can be expected to make
contributions in physical or natural science, technology, engineering,
social sciences, or mathematics, or that enhance competitiveness,
innovation, or safety and security in the United States.
(c) Limitation.--Nothing in this section shall be construed to
restrict or bias the grant selection process against funding other areas
of research deemed by the Foundation to be consistent with its mandate
nor to change the core mission of the Foundation.

SEC. 7019. [NOTE: 42 USC 1862o-6.] RESEARCH ON INNOVATION AND
INVENTIVENESS.

In carrying out its research programs on science policy and on the
science of learning, the Foundation may support research on the process
of innovation and the teaching of inventiveness.

[[Page 685]]
121 STAT. 685

SEC. 7020. [NOTE: Deadline. Publication. Plan. 42 USC 1862o-
7.] CYBERINFRASTRUCTURE.

In order to continue and expand efforts to ensure that research
institutions throughout the Nation can fully participate in research
programs of the Foundation and collaborate with colleagues throughout
the Nation, the Director, not later than 180 days after the date of
enactment of this Act, shall develop and publish a plan that--
(1) describes the current status of broadband access for
scientific research purposes at institutions in EPSCoR-eligible
States, at institutions in rural areas, and at minority serving
institutions; and
(2) outlines actions that can be taken to ensure that such
connections are available to enable participation in those
Foundation programs that rely heavily on high-speed networking
and collaborations across institutions and regions.

SEC. 7021. [NOTE: 42 USC 1862o-8.] PILOT PROGRAM OF GRANTS FOR NEW
INVESTIGATORS.

(a) In General.--The Director shall carry out a pilot program to
award 1-year grants to individuals to assist them in improving research
proposals that were previously submitted to the Foundation but not
selected for funding.
(b) Eligibility.--To be eligible to receive a grant under this
section, an individual--
(1) may not have previously received funding as the
principal investigator of a research grant from the Foundation;
and
(2) shall have submitted a proposal to the Foundation, which
may include a proposal submitted to the Research in
Undergraduate Institutions program, that was rated excellent
under the Foundation's competitive merit review process.

(c) Selection Process.--The Director shall make awards under this
section based on the advice of the program officers of the Foundation.
(d) Use of Funds.--Grants awarded under this section shall be used
to enable an individual to resubmit an updated research proposal for
review by the Foundation through the agency's competitive merit review
process. Uses of funds made available under this section may include the
generation of new data and the performance of additional analysis.
(e) Program Administration.--The Director shall carry out this
section through the Small Grants for Exploratory Research program.
(f) National Science Board Review.--The Board shall conduct a review
and assessment of the pilot program under this section, including the
number of new investigators funded, the distribution of awards by type
of institution of higher education, and the success rate upon
resubmittal of proposals by new investigators funded through such pilot
program. [NOTE: Deadline. Reports.] Not later than 3 years after the
date of enactment of this Act, the Board shall summarize its findings
and any recommendations regarding changes to, the termination of, or the
continuation of the pilot program in a report to the Committee on
Science and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation and the Committee on Health,
Education, Labor, and Pensions of the Senate.

[[Page 686]]
121 STAT. 686

SEC. 7022. [NOTE: 42 USC 1862o-9.] BROADER IMPACTS MERIT REVIEW
CRITERION.

(a) In General.--Among the types of activities that the Foundation
shall consider as appropriate for meeting the requirements of its
broader impacts criterion for the evaluation of research proposals are
partnerships between academic researchers and industrial scientists and
engineers that address research areas identified as having high
importance for future national economic competitiveness, such as
nanotechnology.
(b) Report on Broader Impacts Criterion.--Not later than 1 year
after the date of enactment of this Act, the Director shall transmit to
Congress a report on the impact of the broader impacts grant criterion
used by the Foundation. The report shall--
(1) identify the criteria that each division and directorate
of the Foundation uses to evaluate the broader impacts aspects
of research proposals;
(2) provide a breakdown of the types of activities by
division that awardees have proposed to carry out to meet the
broader impacts criterion;
(3) provide any evaluations performed by the Foundation to
assess the degree to which the broader impacts aspects of
research proposals were carried out and how effective they have
been at meeting the goals described in the research proposals;
(4) describe what national goals, such as improving
undergraduate science, technology, engineering, and mathematics
education, improving kindergarten through grade 12 science and
mathematics education, promoting university-industry
collaboration, and broadening participation of underrepresented
groups, the broader impacts criterion is best suited to promote;
and
(5) describe what steps the Foundation is taking and should
take to use the broader impacts criterion to improve
undergraduate science, technology, engineering, and mathematics
education.

SEC. 7023. DONATIONS.

Section 11(f) of the National Science Foundation Act of 1950 (42
U.S.C. 1870(f)) is amended by inserting before the semicolon ``, except
that funds may be donated for specific prize competitions for `basic
research' as defined in the Office of Management and Budget Circular No.
A-11''.

SEC. 7024. HIGH-PERFORMANCE COMPUTING AND NETWORKING.

(a) High-Performance Computing Act of 1991.--
(1) Amendments.--Title I of the High-Performance Computing
Act of 1991 (15 U.S.C. 5511 et seq.) is amended--
(A) in the title heading, by striking ``AND THE
NATIONAL RESEARCH AND EDUCATION NETWORK'' and inserting
``RESEARCH AND DEVELOPMENT'';
(B) in section 101(a) (15 U.S.C. 5511(a))--
(i) by striking subparagraphs (A) and (B) of
paragraph (1) and inserting the following:
``(A) provide for long-term basic and applied research on
high-performance computing, including networking;

[[Page 687]]
121 STAT. 687

``(B) provide for research and development on, and
demonstration of, technologies to advance the capacity and
capabilities of high-performance computing and networking
systems, and related software;
``(C) provide for sustained access by the research community
throughout the United States to high-performance computing and
networking systems that are among the most advanced in the world
in terms of performance in solving scientific and engineering
problems, including provision for technical support for users of
such systems;
``(D) provide for widely dispersed efforts to increase
software availability, productivity, capability, security,
portability, and reliability;
``(E) provide for high-performance networks, including
experimental testbed networks, to enable research and
development on, and demonstration of, advanced applications
enabled by such networks;
``(F) provide for computational science and engineering
research on mathematical modeling and algorithms for
applications in all fields of science and engineering;
``(G) provide for the technical support of, and research and
development on, high-performance computing systems and software
required to address Grand Challenges;
``(H) provide for educating and training additional
undergraduate and graduate students in software engineering,
computer science, computer and network security, applied
mathematics, library and information science, and computational
science; and
``(I) provide for improving the security of computing and
networking systems, including Federal systems, including
providing for research required to establish security standards
and practices for these systems.'';
(ii) by striking paragraph (2) and
redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(iii) in paragraph (2), as redesignated by
clause (ii)--
(I) by striking subparagraph (B);
(II) by redesignating subparagraphs
(A) and (C) as subparagraphs (D) and
(F), respectively;
(III) by inserting before
subparagraph (D), as redesignated by
subclause (II), the following:
``(A) establish the goals and priorities for Federal high-
performance computing research, development, networking, and
other activities;
``(B) establish Program Component Areas that implement the
goals established under subparagraph (A), and identify the Grand
Challenges that the Program should address;
``(C) provide for interagency coordination of Federal high-
performance computing research, development, networking, and
other activities undertaken pursuant to the Program;''; and
(IV) by inserting after subparagraph
(D), as redesignated by subclause (II)
of this clause, the following:
``(E) develop and maintain a research, development, and
deployment roadmap covering all States and regions for the

[[Page 688]]
121 STAT. 688

provision of high-performance computing and networking systems
under paragraph (1)(C); and''; and
(iv) in paragraph (3), as so redesignated by
clause (ii) of this subparagraph--
(I) by striking ``paragraph (3)(A)''
and inserting ``paragraph (2)(D)'';
(II) by amending subparagraph (A) to
read as follows:
``(A) provide a detailed description of the Program
Component Areas, including a description of any changes in the
definition of or activities under the Program Component Areas
from the preceding report, and the reasons for such changes, and
a description of Grand Challenges addressed under the
Program;'';
(III) in subparagraph (C), by
striking ``specific activities'' and all
that follows through ``the Network'' and
inserting ``each Program Component
Area'';
(IV) in subparagraph (D), by
inserting ``, and for each Program
Component Area,'' after ``participating
in the Program'';
(V) in subparagraph (D), by striking
``applies;'' and inserting ``applies;
and'';
(VI) by striking subparagraph (E)
and redesignating subparagraph (F) as
subparagraph (E); and
(VII) in subparagraph (E), as
redesignated by subclause (VI), by
inserting ``and the extent to which the
Program incorporates the recommendations
of the advisory committee established
under subsection (b)'' after ``for the
Program'';
(C) by striking subsection (b) of section 101 (15
U.S.C. 5511) and inserting the following:

``(b) Advisory Committee.--
(1) [NOTE: President. Establishment.] The President shall establish an
advisory committee on high-performance computing, consisting of
geographically dispersed non-Federal members, including representatives
of the research, education, and library communities, network and related
software providers, and industry representatives in the Program
Component Areas, who are specially qualified to provide the Director
with advice and information on high-performance computing. The
recommendations of the advisory committee shall be considered in
reviewing and revising the Program. The advisory committee shall provide
the Director with an independent assessment of--
``(A) progress made in implementing the Program;
``(B) the need to revise the Program;
``(C) the balance between the components of the Program,
including funding levels for the Program Component Areas;
``(D) whether the research and development undertaken
pursuant to the Program is helping to maintain United States
leadership in high-performance computing, networking technology,
and related software; and
``(E) other issues identified by the Director.

``(2) [NOTE: Evaluations.] In addition to the duties outlined in
paragraph (1), the advisory committee shall conduct periodic evaluations
of the funding, management, coordination, implementation, and activities
of the Program. [NOTE: Reports. Deadline.] The advisory committee
shall report not less frequently than once every 2 fiscal years to the
Committee on Science

[[Page 689]]
121 STAT. 689

and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on its findings and
recommendations. [NOTE: Deadline.] The first report shall be due
within 1 year after the date of enactment of the America COMPETES Act.

``(3) Section 14 of the Federal Advisory Committee Act shall not
apply to the advisory committee established under this subsection.'';
and
(D) in section 101(c) (15 U.S.C. 5511(c))--
(i) in paragraph (1)(A), by striking ``Program
or'' and inserting ``Program Component Areas or'';
and
(ii) in paragraph (2), by striking
``subsection (a)(3)(A)'' and inserting
``subsection (a)(2)(D)''.
(2) Definitions.--Section 4 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5503) is amended--
(A) in paragraph (2), by inserting ``and
multidisciplinary teams of researchers'' after ``high-
performance computing resources'';
(B) in paragraph (3)--
(i) by striking ``scientific workstations,'';
(ii) by striking ``(including vector
supercomputers and large scale parallel
systems)'';
(iii) by striking ``and applications'' and
inserting ``applications''; and
(iv) by inserting ``, and the management of
large data sets'' after ``systems software'';
(C) in paragraph (4), by striking ``packet
switched'';
(D) by striking ``and'' at the end of paragraph (5);
(E) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(F) by adding at the end the following:
``(7) `Program Component Areas' means the major subject
areas under which related individual projects and activities
carried out under the Program are grouped.''.
(3) Conforming amendment.--Section 1(26) of the Act entitled
``An Act to prevent the elimination of certain reports'',
approved November 28, 2001 [NOTE: 31 USC 1113 note.]  (31
U.S.C. 3113 note) is amended--
(A) by striking ``101(a)(3)'' and inserting
``101(a)(2)''; and
(B) by striking ``(15 U.S.C. 5511(a)(3))'' and
inserting ``(15 U.S.C. 5511(a)(2))''.

(b) [NOTE: 42 USC 1862o-10.] Advanced Information and
Communications Technology Research.--
(1) In general.--As part of the Program described in title I
of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et
seq.), the Foundation shall support basic research related to
advanced information and communications technologies that will
contribute to enhancing or facilitating the availability and
affordability of advanced communications services for all people
of the United States. Areas of research to be supported may
include research on--
(A) affordable broadband access, including wireless
technologies;
(B) network security and reliability;
(C) communications interoperability;

[[Page 690]]
121 STAT. 690

(D) networking protocols and architectures,
including resilience to outages or attacks;
(E) trusted software;
(F) privacy;
(G) nanoelectronics for communications applications;
(H) low-power communications electronics;
(I) implementation of equitable access to national
advanced fiber optic research and educational networks
in noncontiguous States; and
(J) such other related areas as the Director finds
appropriate.
(2) Centers.--The [NOTE: Grants. Establishment.] Director
shall award multiyear grants, subject to the availability of
appropriations and on a merit-reviewed competitive basis, to
institutions of higher education, nonprofit research
institutions affiliated with institutions of higher education,
or consortia of either type of institution to establish
multidisciplinary Centers for Communications Research. The
purpose of the Centers shall be to generate innovative
approaches to problems in information and communications
technology research, including the research areas described in
paragraph (1). Institutions of higher education, nonprofit
research institutions affiliated with institutions of higher
education, or consortia receiving such grants may partner with 1
or more government laboratories, for-profit entities, or other
institutions of higher education or nonprofit research
institutions.
(3) Funding allocation.--The Director shall increase funding
for the basic research activities described in paragraph (1),
which shall include support for the Centers described in
paragraph (2), in proportion to the increase in the total amount
appropriated to the Foundation for research and related
activities for the fiscal years 2008 through 2010.
(4) Report to congress.--The Director shall transmit to
Congress, as part of the President's annual budget submission
under section 1105 of title 31, United States Code, a report on
the amounts allocated for support of research under this
subsection for the fiscal year during which such report is
submitted and the levels proposed for the fiscal year with
respect to which the budget submission applies.

SEC. 7025. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS TALENT
EXPANSION PROGRAM.

(a) Amendments.--Section 8(7) of the National Science Foundation
Authorization Act of 2002 [NOTE: 116 Stat. 3040.] is amended--
(1) in subparagraph (A), by striking ``competitive, merit-
based'' and all that follows through ``in recent years.'' and
inserting ``competitive, merit-based multiyear grants for
eligible applicants to improve undergraduate education in
science, technology, engineering, and mathematics through--
``(i) the creation of programs to increase the
number of students studying toward and completing
associate's or bachelor's degrees in science,
technology, engineering, and mathematics, particularly
in fields that have faced declining enrollment in recent
years; and
``(ii) the creation of not more than 5 centers (in
this paragraph referred to as `Centers') to increase the
number of students completing undergraduate courses in
science,

[[Page 691]]
121 STAT. 691

technology, engineering, and mathematics, including the
number of nonmajors, and to improve student academic
achievement in those courses, by developing--
``(I) undergraduate educational material,
including curricula and courses of study;
``(II) teaching methods for undergraduate
courses; and
``(III) methods to improve the professional
development of professors and teaching assistants
who teach undergraduate courses.
Grants made under clause (ii) shall be awarded jointly through
the Education and Human Resources Directorate and at least 1
research directorate of the Foundation.'';
(2) by amending subparagraph (B) to read as follows:
``(B) In selecting projects under subparagraph (A)(i), the
Director shall strive to increase the number of students
studying toward and completing associate's or bachelor's
degrees, concentrations, or certificates in science, technology,
engineering, or mathematics by giving priority to programs that
heavily recruit individuals who are--
``(i) individuals identified in section 33 or 34 of
the Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b); or
``(ii) graduates of a public secondary school that--
``(I) is among the highest 25 percent of
schools served by the local educational agency
that serves the school, in terms of the percentage
of students from families with incomes below the
poverty line, as defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)), applicable to a family of the size
involved; or
``(II) is designated with a school locale code
of 41, 42, or 43, as determined by the Secretary
of Education.'';
(3) by striking subparagraph (C) and inserting the
following:
``(C)(i) The types of projects the Foundation may support
under subparagraph (A)(i) include those programs that--
``(I) promote high quality--
``(aa) interdisciplinary teaching;
``(bb) undergraduate-conducted research;
``(cc) mentor relationships for students,
especially underrepresented minority and female
science, technology, engineering, and mathematics
students;
``(dd) bridge programs that enable students at
community colleges to matriculate directly into
baccalaureate science, technology, engineering, or
mathematics programs;
``(ee) internships carried out in partnership
with industry;
``(ff) innovative uses of digital
technologies, particularly at institutions of
higher education that serve high numbers or
percentages of economically disadvantaged
students; and
``(gg) bridge programs that enable
underrepresented minority and female secondary
school students to obtain extra science,
technology, engineering,

[[Page 692]]
121 STAT. 692

and mathematics instruction prior to entering an
institution of higher education;
``(II) finance summer internships for science,
technology, engineering, and mathematics undergraduate
students; and
``(III) conduct outreach programs that provide
secondary school students and their science, technology,
engineering, and mathematics teachers opportunities to
increase the students' and teachers' exposure to
engineering and technology.
``(ii) The types of activities the Foundation may support
under subparagraph (A)(ii) include--
``(I) creating model curricula and laboratory
programs;
``(II) developing and demonstrating research-based
instructional methods and technologies;
``(III) developing methods to train graduate
students and faculty to be more effective teachers of
undergraduates;
``(IV) conducting programs to disseminate curricula,
instructional methods, or training methods to faculty at
the grantee institutions and at other institutions;
``(V) conducting assessments of the effectiveness of
the Center at accomplishing the goals described in
subparagraph (A)(ii); and
``(VI) conducting any other activities the Director
determines will accomplish the goals described in
subparagraph (A)(ii).'';
(4) in subparagraph (D)(i), by striking ``under this
paragraph'' and inserting ``under subparagraph (A)(i)'';
(5) in subparagraph (D)(ii), by striking ``under this
paragraph'' and inserting ``under subparagraph (A)(i)'';
(6) after subparagraph (D)(iii), by adding at the end the
following:
``(iv) A grant under subparagraph (A)(ii) shall be awarded
for up to 5 years.'';
(7) in subparagraph (E), by striking ``under this
paragraph'' both places it appears and inserting ``under
subparagraph (A)(i)'';
(8) by redesignating subparagraph (F) as subparagraph (J);
and
(9) by inserting after subparagraph (E) the following:
``(F) Grants awarded under subparagraph (A)(ii) shall be
carried out by a department or departments of science,
technology, engineering, or mathematics at institutions of
higher education (or a consortia thereof), which may partner
with the department, college, or school of education at the
institution. Applications for awards under subparagraph (A)(ii)
shall be submitted to the Director at such time, in such manner,
and containing such information as the Director may require. At
a minimum, the application shall include--
``(i) a description of the activities to be carried
out by the Center;
``(ii) a plan for disseminating programs related to
the activities carried out by the Center to faculty at
the grantee institution and at other institutions;
``(iii) an estimate of the number of faculty,
graduate students (if any), and undergraduate students
who will

[[Page 693]]
121 STAT. 693

be affected by the activities carried out by the Center;
and
``(iv) a plan for assessing the effectiveness of the
Center at accomplishing the goals described in
subparagraph (A)(ii).
``(G) In evaluating the applications submitted under
subparagraph (F), the Director shall consider, at a minimum--
``(i) the ability of the applicant to effectively
carry out the proposed activities, including the
dissemination activities described in subparagraph
(C)(ii)(IV); and
``(ii) the extent to which the faculty, staff, and
administrators of the applicant institution are
committed to improving undergraduate science,
technology, engineering, and mathematics education.
``(H) In awarding grants under subparagraph (A)(ii), the
Director shall ensure that a wide variety of science,
technology, engineering, and mathematics fields and types of
institutions of higher education, including 2-year colleges and
minority-serving institutions, are covered, and that--
``(i) at least 1 Center is housed at a Doctoral/
Research University as defined by the Carnegie
Foundation for the Advancement of Teaching; and
``(ii) at least 1 Center is focused on improving
undergraduate education in an interdisciplinary area.
``(I) [NOTE: Meeting.] The Director shall convene an
annual meeting of the awardees under this paragraph to foster
collaboration and to disseminate the results of the Centers and
the other activities funded under this paragraph.''.

(b) Report on Data Collection.--Not later than 180 days after the
date of enactment of this Act, the Director shall transmit to Congress a
report on how the Director is determining whether current grant
recipients in the Science, Technology, Engineering, and Mathematics
Talent Expansion Program are making satisfactory progress as required by
section 8(7)(D)(ii) of the National Science Foundation Authorization Act
of 2002 and what funding actions have been taken as a result of the
Director's determinations.

SEC. 7026. LABORATORY SCIENCE PILOT PROGRAM.

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

[[Page 694]]
121 STAT. 694

higher concentrations of poor students are less likely to have
adequate laboratory facilities than other schools.
(5) The Government Accountability Office reported that 49.1
percent of schools where the minority student population is
greater than 50.5 percent reported not meeting functional
requirements for laboratory science well or at all.
(6) 40 percent of those college students who left the
science fields reported some problems related to high school
science preparation, including lack of laboratory experience and
no introduction to theoretical or to analytical modes of
thought.
(7) It is in the national interest for the Federal
Government to invest in research and demonstration projects to
improve the teaching of laboratory science in the Nation's high
schools.

(b) Grant Program.--Section 8(8) of the National Science Foundation
Authorization Act of 2002 [NOTE: 116 Stat. 3040.] is amended--
(1) by redesignating subparagraphs (A) through (F) as
clauses (i) through (vi), respectively;
(2) by inserting ``(A)'' before ``A program of
competitive''; and
(3) by adding at the end the following:
``(B) In accordance with subparagraph (A)(v), the Director
shall establish a research pilot program designated as
`Partnerships for Access to Laboratory Science' to award grants
to partnerships to improve laboratories and provide
instrumentation as part of a comprehensive program to enhance
the quality of science, technology, engineering, and mathematics
instruction at the secondary school level. Grants under this
subparagraph may be used for--
``(i) professional development and training for
teachers aligned with activities supported under section
2123 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6623);
``(ii) purchase, rental, or leasing of equipment,
instrumentation, and other scientific educational
materials;
``(iii) development of instructional programs
designed to integrate the laboratory experience with
classroom instruction and to be consistent with State
mathematics and science and, to the extent applicable,
technology and engineering, academic achievement
standards;
``(iv) training in laboratory safety for school
personnel;
``(v) design and implementation of hands-on
laboratory experiences to encourage the interest of
individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b) in science, technology,
engineering, and mathematics and help prepare such
individuals to pursue postsecondary studies in these
fields; and
``(vi) assessment of the activities funded under
this subparagraph.
``(C) Grants may be made under subparagraph (B) only to a
partnership--
``(i) for a project that includes significant
teacher preparation and professional development
components; or
``(ii) that establishes that appropriate teacher
preparation and professional development is being
addressed, or has been addressed, through other means.

[[Page 695]]
121 STAT. 695

``(D) Grants awarded under subparagraph (B) shall be to a
partnership that--
``(i) includes a 2-year or 4-year degree granting
institution of higher education;
``(ii) includes a high need local educational agency
(as defined in section 201 of the Higher Education Act
of 1965);
``(iii) includes a business or eligible nonprofit
organization; and
``(iv) may include a State educational agency, other
public agency, National Laboratory, or community-based
organization.
``(E) The Federal share of the cost of activities carried
out using amounts from a grant under subparagraph (B) shall not
exceed 40 percent.
``(F) [NOTE: Reports.] The Director shall require grant
recipients under subparagraph (B) to submit a report to the
Director on the results of the project supported by the
grant.''.

(c) Report.--The Director shall evaluate the effectiveness of
activities carried out under the research pilot projects funded by the
grant program established pursuant to the amendment made by subsection
(b) in improving student achievement in science, technology,
engineering, and mathematics. A report documenting the results of that
evaluation shall be submitted to the Committee on Science and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation and the Committee on Health, Education, Labor, and
Pensions of the Senate not later than 5 years after the date of
enactment of this Act. The report shall identify best practices and
materials developed and demonstrated by grant awardees.
(d) Sunset.--The provisions of this section shall cease to have
force or effect on the last day of fiscal year 2010.
(e) Authorization of Appropriations.--From the amounts authorized
under subsections (a)(2)(B), (b)(2)(B), and (c)(2)(B) of section 7002,
there are authorized to be appropriated to carry out this section and
the amendments made by this section $5,000,000 for fiscal year 2008, and
such sums as may be necessary for each of the 2 succeeding fiscal years.

SEC. 7027. STUDY ON LABORATORY EQUIPMENT DONATIONS FOR SCHOOLS.

Not [NOTE: Deadline. Reports.] later than 2 years after the date
of enactment of this Act, the Director shall transmit a report to
Congress examining the extent to which institutions of higher education
and entities in the private sector are donating used laboratory
equipment to elementary schools and secondary schools. The Director, in
consultation with the Secretary of Education, shall survey institutions
of higher education and entities in the private sector to determine--
(1) how often, how much, and what type of equipment is
donated;
(2) what criteria or guidelines the institutions and
entities are using to determine what types of equipment can be
donated, what condition the equipment should be in, and which
schools receive the equipment;
(3) whether the institutions and entities provide any
support to, or follow-up with the schools; and
(4) how appropriate donations can be encouraged.

[[Page 696]]
121 STAT. 696

SEC. 7028. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS AMENDMENTS.

Section 9 of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n) is amended--
(1) in subsection (a)(2)(A), by striking ``a State
educational agency'' and inserting ``the department, college, or
program of education at an institution of higher education, a
State educational agency,'';
(2) by striking subparagraph (B) of subsection (a)(3) and
inserting the following:
``(B) offering professional development programs,
including--
``(i) teacher institutes for the 21st century,
as described in paragraph (10); and
``(ii) academic year institutes or workshops
that--
``(I) are designed to strengthen the
capabilities of mathematics and science
teachers; and
``(II) may include professional
development activities to prepare
mathematics and science teachers to
teach challenging mathematics, science,
and technology college-preparatory
courses;'';
(3) in subsection (a)(3)(C)--
(A) by inserting ``and laboratory experiences''
after ``technology''; and
(B) by inserting ``and laboratory'' after ``provide
technical'';
(4) in subsection (a)(3)(I), by inserting ``including the
use of induction programs, as defined in section 6113(h) of the
America COMPETES Act, for teachers in their first 2 years of
teaching,'' after ``and science,'';
(5) by striking subparagraph (K) of section (a)(3) and
inserting the following:
``(K) developing science, technology, engineering,
and mathematics educational programs and materials and
conducting science, technology, engineering, and
mathematics enrichment programs for students, including
after-school programs and summer programs, with an
emphasis on including and serving students described in
subsection (b)(2)(G);'';
(6) in subsection (a), by adding at the end the following:
``(8) Mentors for teachers and students of challenging
courses.--Partnerships carrying out activities to prepare
mathematics and science teachers to teach challenging
mathematics, science, and technology college-preparatory courses
in accordance with paragraph (3)(B) shall encourage companies
employing scientists, technologists, engineers, or
mathematicians to provide mentors to teachers and students and
provide for the coordination of such mentoring activities.
``(9) Innovation.--Activities carried out in accordance with
paragraph (3)(H) may include the development and dissemination
of curriculum tools that will help foster inventiveness and
innovation.'';
(7) in subsection (b)(2)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the
following:

[[Page 697]]
121 STAT. 697

``(E) the extent to which the evaluation described
in paragraph (1)(E) will be independent and based on
objective measures;'';
(8) by striking paragraph (2) of subsection (c) and
inserting the following:
``(2) Report on evaluations.--Not later than 4 years after
the date of enactment of the America COMPETES Act, the Director
shall transmit a report summarizing the evaluations required
under subsection (b)(1)(E) of grants received under this program
and describing any changes to the program recommended as a
result of these evaluations to the Committee on Science and
Technology and the Committee on Education and Labor of the House
of Representatives and to the Committee on Commerce, Science,
and Transportation and the Committee on Health, Education,
Labor, and Pensions of the Senate. Such report shall be made
widely available to the public.''; and
(9) by adding at the end the following:

``(d) Definitions.--In this section--
``(1) the term `mathematics and science teacher' means a
science, technology, engineering, or mathematics teacher at the
elementary school or secondary school level; and
``(2) the term `science', in the context of elementary and
secondary education, includes technology and pre-engineering.''.

SEC. 7029. NATIONAL SCIENCE FOUNDATION TEACHER INSTITUTES FOR THE 21ST
CENTURY.

Section 9(a) of the National Science Foundation Authorization Act of
2002 (as amended by section 7028) (42 U.S.C. 1862n(a)) is further
amended by adding at the end the following:
``(10) Teacher institutes for the 21st century.--
``(A) In general.--Teacher institutes for the 21st
century carried out in accordance with paragraph (3)(B)
shall--
``(i) be carried out in conjunction with a
school served by the local educational agency in
the partnership;
``(ii) be science, technology, engineering,
and mathematics focused institutes that provide
professional development to elementary school and
secondary school teachers;
``(iii) serve teachers who--
``(I) are considered highly
qualified (as defined in section 9101 of
the Elementary and Secondary Education
Act of 1965);
``(II) teach high-need subjects in
science, technology, engineering, or
mathematics; and
``(III) teach in high-need schools
(as described in section 1114(a)(1) of
the Elementary and Secondary Education
Act of 1965);
``(iv) focus on the priorities developed by
the Director in consultation with a broad group of
relevant educational organizations;
``(v) be content-based and build on school
year curricula that are experiment-oriented,
content-based, and grounded in current research;
``(vi) ensure that the pedagogy component is
designed around specific strategies that are
relevant

[[Page 698]]
121 STAT. 698

to teaching the subject and content on which
teachers are being trained, which may include
training teachers in the essential components of
reading instruction for adolescents in order to
improve student reading skills within the subject
areas of science, technology, engineering, and
mathematics;
``(vii) be a multiyear program that is
conducted for a period of not less than 2 weeks
per year;
``(viii) provide for direct interaction
between participants in and faculty of the teacher
institute;
``(ix) have a component that includes the use
of the Internet;
``(x) provide for followup training in the
classroom during the academic year for a period of
not less than 3 days, which may or may not be
consecutive, for participants in the teacher
institute, except that for teachers in rural local
educational agencies, the followup training may be
provided through the Internet;
``(xi) provide teachers participating in the
teacher institute with travel expense
reimbursement and classroom materials related to
the teacher institute, and may include providing
stipends as necessary; and
``(xii) establish a mechanism to provide
supplemental support during the academic year for
teacher institute participants to apply the
knowledge and skills gained at the teacher
institute.
``(B) Optional members of the partnership.--In
addition to the partnership requirement under paragraph
(2), an institution of higher education or eligible
nonprofit organization (or consortium) desiring a grant
for a teacher institute for the 21st century may also
partner with a teacher organization, museum, or
educational partnership organization.''.

SEC. 7030. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

Section 10 of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-1) is amended to read as follows:

``SEC. 10. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

``(a) Scholarship Program.--
``(1) In general.--The [NOTE: Grants.] Director shall
carry out a program to award grants to eligible entities to
recruit and train mathematics and science teachers and to
provide scholarships and stipends to individuals participating
in the program. Such program shall be known as the `Robert Noyce
Teacher Scholarship Program'.
``(2) Merit review.--Grants shall be provided under this
section on a competitive, merit-reviewed basis.
``(3) Use of grants.--A grant provided under this section
shall be used by the eligible entity--
``(A) to develop and implement a program to recruit
and prepare undergraduate students majoring in science,
technology, engineering, and mathematics at the eligible
entity (and participating institutions of higher
education of the consortium, if applicable) to become
qualified as mathematics and science teachers, through--

[[Page 699]]
121 STAT. 699

``(i) administering scholarships in accordance
with subsection (c);
``(ii) offering academic courses and early
clinical teaching experiences designed to prepare
students participating in the program to teach in
elementary schools and secondary schools,
including such preparation as is necessary to meet
requirements for teacher certification or
licensing;
``(iii) offering programs to students
participating in the program, both before and
after the students receive their baccalaureate
degree, to enable the students to become better
mathematics and science teachers, to fulfill the
service requirements of this section, and to
exchange ideas with others in the students'
fields; and
``(iv) providing summer internships for
freshman and sophomore students participating in
the program; or
``(B) to develop and implement a program to recruit
and prepare science, technology, engineering, or
mathematics professionals to become qualified as
mathematics and science teachers, through--
``(i) administering stipends in accordance
with subsection (d);
``(ii) offering academic courses and clinical
teaching experiences designed to prepare stipend
recipients to teach in elementary schools and
secondary schools served by a high need local
educational agency, including such preparation as
is necessary to meet requirements for teacher
certification or licensing; and
``(iii) offering programs to stipend
recipients, both during and after matriculation in
the program for which the stipend is received, to
enable recipients to become better mathematics and
science teachers, to fulfill the service
requirements of this section, and to exchange
ideas with others in the students' fields.
``(4) Eligibility requirement.--
``(A) In general.--To be eligible to receive a grant
under this section, an eligible entity shall ensure that
specific faculty members and staff from the science,
technology, engineering, and mathematics departments and
specific education faculty of the eligible entity (and
participating institutions of higher education of the
consortium, if applicable) are designated to carry out
the development and implementation of the program.
``(B) Inclusion of master teachers.--An eligible
entity (and participating institutions of higher
education of the consortium, if applicable) receiving a
grant under this section may also include master
teachers in the development of the pedagogical content
of the program and in the supervision of students
participating in the program in their clinical teaching
experiences.
``(C) Active participants.--No eligible entity (or
participating institution of higher education of the
consortium, if applicable) shall be eligible for a grant
under this section unless faculty from the science,
technology, engineering, and mathematics departments of
the eligible

[[Page 700]]
121 STAT. 700

entity (and participating institutions of higher
education of the consortium, if applicable) are active
participants in the program.
``(5) [NOTE: Minorities.] Awards.--In awarding grants
under this section, the Director shall ensure that the eligible
entities (and participating institutions of higher education of
the consortia, if applicable) represent a variety of types of
institutions of higher education. In support of this goal, the
Director shall broadly disseminate information about when and
how to apply for grants under this section, including by
conducting outreach to--
``(A) historically Black colleges and universities
that are part B institutions, as defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)); and
``(B) minority institutions, as defined in section
365(3) of the Higher Education Act of 1965 (20 U.S.C.
1067k(3)).
``(6) Supplement not supplant.--Grant funds provided under
this section shall be used to supplement, and not supplant,
other Federal or State funds available for the type of
activities supported by the grant.

``(b) Selection Process.--
``(1) Application.--An eligible entity seeking funding under
this section shall submit an application to the Director at such
time, in such manner, and containing such information as the
Director may require. The application shall include, at a
minimum--
``(A) in the case of an applicant that is submitting
an application on behalf of a consortium of institutions
of higher education, a description of the participating
institutions of higher education and the roles and
responsibilities of each such institution;
``(B) a description of the program that the
applicant intends to operate, including the number of
scholarships and summer internships or the size and
number of stipends the applicant intends to award, the
type of activities proposed for the recruitment of
students to the program, and the selection process that
will be used in awarding the scholarships or stipends;
``(C) evidence that the applicant has the capability
to administer the program in accordance with the
provisions of this section, which may include a
description of any existing programs at the applicant
eligible entity (and participating institutions of
higher education of the consortium, if applicable) that
are targeted to the education of mathematics and science
teachers and the number of teachers graduated annually
from such programs;
``(D) a description of the academic courses and
clinical teaching experiences required under
subparagraphs (A)(ii) and (B)(ii) of subsection (a)(3),
as applicable, including--
``(i) a description of the undergraduate
program that will enable a student to graduate
within 5 years with a major in science,
technology, engineering, or mathematics and to
obtain teacher certification or licensing;
``(ii) a description of the clinical teaching
experiences proposed; and

[[Page 701]]
121 STAT. 701

``(iii) evidence of agreements between the
applicant and the schools or local educational
agencies that are identified as the locations at
which clinical teaching experiences will occur;
``(E) a description of the programs required under
subparagraphs (A)(iii) and (B)(iii) of subsection
(a)(3), including activities to assist new teachers in
fulfilling the teachers' service requirements under this
section;
``(F) an identification of the applicant eligible
entity's science, technology, engineering, and
mathematics faculty and its education faculty (and such
faculty of participating institutions of higher
education of the consortium, if applicable) who will
carry out the development and implementation of the
program as required under subsection (a)(4); and
``(G) a description of the process the applicant
will use to fulfill the requirements of subsection (f).
``(2) Review of applications.--In evaluating the
applications submitted under paragraph (1), the Director shall
consider, at a minimum--
``(A) the ability of the applicant (and the
participating institutions of higher education of the
consortium, if applicable) to effectively carry out the
program;
``(B) the extent to which the applicant's science,
technology, engineering, and mathematics faculty and its
education faculty (and such faculty of participating
institutions of higher education of the consortium, if
applicable) have worked or will work collaboratively to
design new or revised curricula that recognize the
specialized pedagogy required to teach science,
technology, engineering, and mathematics effectively in
elementary schools and secondary schools;
``(C) the extent to which the applicant (and the
participating institutions of higher education of the
consortium, if applicable) is committed to making the
program a central organizational focus;
``(D) the degree to which the proposed programming
will enable scholarship or stipend recipients to become
successful mathematics and science teachers;
``(E) the number and academic qualifications of the
students who will be served by the program; and
``(F) the ability of the applicant (and the
participating institutions of higher education of the
consortium, if applicable) to recruit students who would
otherwise not pursue a career in teaching in elementary
schools or secondary schools and students who are
individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b).

``(c) Scholarship Requirements.--
``(1) In general.--Scholarships under this section shall be
available only to students who--
``(A) are majoring in science, technology,
engineering, or mathematics; and
``(B) have attained at least junior status in a
baccalaureate degree program.
``(2) Selection.--Individuals shall be selected to receive
scholarships primarily on the basis of academic merit, with

[[Page 702]]
121 STAT. 702

consideration given to financial need and to the goal of
promoting the participation of individuals identified in section
33 or 34 of the Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a or 1885b).
``(3) Amount.--The Director shall establish for each year
the amount to be awarded for scholarships under this section for
that year, which shall be not less than $10,000 per year, except
that no individual shall receive for any year more than the cost
of attendance at that individual's institution. Full-time
students may receive annual scholarships through the completion
of a baccalaureate degree program, not to exceed a maximum of 3
years. Part-time students may receive scholarships that are
prorated according to such students' enrollment status, not to
exceed 6 years of scholarship support.
``(4) Service obligation.--If an individual receives a
scholarship under this section, such individual shall be
required to complete, within 8 years after graduation from the
baccalaureate degree program for which the scholarship was
awarded, 2 years of service as a mathematics or science teacher
for each full scholarship award received, with a maximum service
requirement of 6 years. Service required under this paragraph
shall be performed in a high need local educational agency.

``(d) Stipends.--
``(1) In general.--Stipends under this section shall be
available only to science, technology, engineering, or
mathematics professionals who, while receiving the stipend, are
enrolled in a program established under subsection (a)(3)(B).
``(2) Selection.--Individuals shall be selected to receive
stipends under this section primarily on the basis of academic
merit and professional achievement, with consideration given to
financial need and to the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).
``(3) Amount and duration.--Stipends under this section
shall be not less than $10,000 per year, except that no
individual shall receive for any year more than the cost of
attendance at such individual's institution. Individuals may
receive a maximum of 1 year of stipend support, except that if
an individual is enrolled in a part-time program, such amount
shall be prorated according to the length of the program.
``(4) Service obligation.--If an individual receives a
stipend under this section, such individual shall be required to
complete, within 4 years after graduation from the program for
which the stipend was awarded, 2 years of service as a
mathematics or science teacher. Service required under this
paragraph shall be performed in a high need local educational
agency.

``(e) Conditions of Support.--As a condition of acceptance of a
scholarship or stipend under this section, a recipient of a scholarship
or stipend shall enter into an agreement with the eligible entity--
``(1) accepting the terms of the scholarship or stipend
pursuant to subsection (c) or subsection (d);
``(2) agreeing to provide the eligible entity with annual
certification of employment and up-to-date contact information

[[Page 703]]
121 STAT. 703

and to participate in surveys conducted by the eligible entity
as part of an ongoing assessment program; and
``(3) establishing that if the service obligation required
under this section is not completed, all or a portion of the
scholarship or stipend received under this section shall be
repaid in accordance with subsection (g).

``(f) Collection for Noncompliance.--
``(1) Monitoring compliance.--An eligible entity receiving a
grant under this section shall, as a condition of participating
in the program, enter into an agreement with the Director to
monitor the compliance of scholarship or stipend recipients with
their respective service requirements.
``(2) Collection of repayment.--
``(A) In general.--In the event that a scholarship
or stipend recipient is required to repay the
scholarship or stipend under subsection (g), the
eligible entity shall--
``(i) be responsible for determining the
repayment amounts and for notifying the recipient
and the Director of the amount owed; and
``(ii) collect such repayment amount within a
period of time as determined under the agreement
described in paragraph (1), or the repayment
amount shall be treated as a loan in accordance
with subparagraph (C).
``(B) Returned to treasury.--Except as provided in
subparagraph (C), any such repayment shall be returned
to the Treasury of the United States.
``(C) Retain percentage.--An eligible entity may
retain a percentage of any repayment the eligible entity
collects to defray administrative costs associated with
the collection. The Director shall establish a single,
fixed percentage that will apply to all eligible
entities.

``(g) Failure to Complete Service Obligation.--
``(1) General rule.--If an individual who has received a
scholarship or stipend under this section--
``(A) fails to maintain an acceptable level of
academic standing in the educational institution in
which the individual is enrolled, as determined by the
Director;
``(B) is dismissed from such educational institution
for disciplinary reasons;
``(C) withdraws from the program for which the award
was made before the completion of such program;
``(D) declares that the individual does not intend
to fulfill the service obligation under this section; or
``(E) fails to fulfill the service obligation of the
individual under this section,
such individual shall be liable to the United States as provided
in paragraph (2).
``(2) Amount of repayment.--
``(A) Less than one year of service.--If a
circumstance described in paragraph (1) occurs before
the completion of 1 year of a service obligation under
this section, the total amount of awards received by the
individual under this section shall be repaid or such
amount shall be treated as a loan to be repaid in
accordance with subparagraph (C).

[[Page 704]]
121 STAT. 704

``(B) More than one year of service.--If a
circumstance described in subparagraph (D) or (E) of
paragraph (1) occurs after the completion of 1 year of a
service obligation under this section--
``(i) for a scholarship recipient, the total
amount of scholarship awards received by the
individual under this section, reduced by the
ratio of the number of years of service completed
divided by the number of years of service
required, shall be repaid or such amount shall be
treated as a loan to be repaid in accordance with
subparagraph (C); and
``(ii) for a stipend recipient, one-half of
the total amount of stipends received by the
individual under this section shall be repaid or
such amount shall be treated as a loan to be
repaid in accordance with subparagraph (C).
``(C) Repayments.--The loans described under
subparagraphs (A) and (B) shall be payable to the
Federal Government, consistent with the provisions of
part B or D of title IV of the Higher Education Act of
1965, and shall be subject to repayment in accordance
with terms and conditions specified by the Director (in
consultation with the Secretary of Education) in
regulations promulgated to carry out this paragraph.
``(3) Exceptions.--The Director may provide for the partial
or total waiver or suspension of any service or payment
obligation by an individual under this section whenever
compliance by the individual with the obligation is impossible
or would involve extreme hardship to the individual, or if
enforcement of such obligation with respect to the individual
would be unconscionable.

``(h) Data Collection.--An eligible entity receiving a grant under
this section shall supply to the Director any relevant statistical and
demographic data on scholarship and stipend recipients the Director may
request, including information on employment required under this
section.
``(i) Definitions.--In this section--
``(1) the term `cost of attendance' has the meaning given
such term in section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll);
``(2) the term `eligible entity' means--
``(A) an institution of higher education; or
``(B) an institution of higher education that
receives grant funds on behalf of a consortium of
institutions of higher education;
``(3) the term `fellowship' means an award to an individual
under section 10A;
``(4) the term `high need local educational agency' has the
meaning given such term in section 201 of the Higher Education
Act of 1965 (20 U.S.C. 1021);
``(5) the term `mathematics and science teacher' means a
science, technology, engineering, or mathematics teacher at the
elementary school or secondary school level;
``(6) the term `scholarship' means an award under subsection
(c);
``(7) the term `science, technology, engineering, or
mathematics professional' means a person who holds a
baccalaureate,

[[Page 705]]
121 STAT. 705

master's, or doctoral degree in science, technology,
engineering, or mathematics, and is working in or had a career
in such field or a related area; and
``(8) the term `stipend' means an award under subsection
(d).

``(j) Mathematics and Science Scholarship Gift Fund.--In accordance
with section 11(f) of the National Science Foundation Act of 1950 (42
U.S.C. 1870(f)), the Director is authorized to accept donations from the
private sector to supplement but not supplant scholarships, stipends,
internships, or fellowships associated with programs under this section
or section 10A.
``(k) Assessment of Teacher Service
and [NOTE: Deadline. Reports.] Retention.--Not later than 4 years
after the date of enactment of the America COMPETES Act, the Director
shall transmit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Science and Technology of
the House of Representatives a report on the effectiveness of the
programs carried out under this section and section 10A. The report
shall include the proportion of individuals receiving scholarships,
stipends, or fellowships under the program who--
``(1) fulfill the individuals' service obligation required
under this section or section 10A;
``(2) remain in the teaching profession beyond the
individuals' service obligation; and
``(3) remain in the teaching profession in a high need local
educational agency beyond the individuals' service obligation.

``(l) Evaluation.--Not [NOTE: Deadline.] less than 2 years after
the date of enactment of the America COMPETES Act, the Director, in
consultation with the Secretary of Education, shall conduct an
evaluation to determine whether the scholarships, stipends, and
fellowships authorized under this section and section 10A have been
effective in increasing the numbers of high-quality mathematics and
science teachers teaching in high need local educational agencies and
whether there continue to exist significant shortages of such teachers
in high need local educational agencies.

``SEC. 10A. [NOTE: 42 USC 1862n-1a.] NATIONAL SCIENCE FOUNDATION
TEACHING FELLOWSHIPS AND MASTER TEACHING FELLOWSHIPS.

``(a) In General.--
``(1) Grants.--
``(A) In general.--As part of the Robert Noyce
Teacher Scholarship Program established under section
10, the Director shall establish a separate program to
award grants to eligible entities to enable such
entities to administer fellowships in accordance with
this section.
``(B) Definitions.--The terms used in this section
have the meanings given the terms in section 10.
``(2) Fellowships.--Fellowships under this section shall be
available only to--
``(A) science, technology, engineering, or
mathematics professionals, who shall be referred to as
`National Science Foundation Teaching Fellows' and who,
in the first year of the fellowship, are enrolled in a
master's degree program leading to teacher certification
or licensing; and
``(B) mathematics and science teachers, who shall be
referred to as `National Science Foundation Master

[[Page 706]]
121 STAT. 706

Teaching Fellows' and who possess a master's degree in
their field.

``(b) Eligibility.--In order to be eligible to receive a grant under
this section, an eligible entity shall enter into a partnership that
shall include--
``(1) a department within an institution of higher education
participating in the partnership that provides an advanced
program of study in mathematics and science;
``(2)(A) a school or department within an institution of
higher education participating in the partnership that provides
a teacher preparation program; or
``(B) a 2-year institution of higher education that has a
teacher preparation offering or a dual enrollment program with
an institution of higher education participating in the
partnership;
``(3) not less than 1 high need local educational agency and
a public school or a consortium of public schools served by the
agency; and
``(4) 1 or more nonprofit organizations that have a
demonstrated record of capacity to provide expertise or support
to meet the purposes of this section.

``(c) Use of Grants.--Grants awarded under this section shall be
used by the eligible entity (and participating institutions of higher
education of the consortium, if applicable) to develop and implement a
program for National Science Foundation Teaching Fellows or National
Science Foundation Master Teaching Fellows, through--
``(1) administering fellowships in accordance with this
section, including providing the teaching fellowship salary
supplements described in subsection (f);
``(2) in the case of National Science Foundation Teaching
Fellowships--
``(A) offering academic courses and clinical
teaching experiences leading to a master's degree and
designed to prepare individuals to teach in elementary
schools and secondary schools, including such
preparation as is necessary to meet the requirements for
certification or licensing; and
``(B) offering programs both during and after
matriculation in the program for which the fellowship is
received to enable fellows to become highly effective
mathematics and science teachers, including mentoring,
training, induction, and professional development
activities, to fulfill the service requirements of this
section, including the requirements of subsection (e),
and to exchange ideas with others in their fields; and
``(3) in the case of National Science Foundation Master
Teaching Fellowships--
``(A) offering academic courses and leadership
training to prepare individuals to become master
teachers in elementary schools and secondary schools;
and
``(B) offering programs both during and after
matriculation in the program for which the fellowship is
received to enable fellows to become highly effective
mathematics and science teachers, including mentoring,
training, induction, and professional development
activities, to fulfill the

[[Page 707]]
121 STAT. 707

service requirements of this section, including the
requirements of subsection (e), and to exchange ideas
with others in their fields.

``(d) Selection Process.--
``(1) Merit review.--Grants shall be awarded under this
section on a competitive, merit-reviewed basis.
``(2) Applications.--An eligible entity desiring a grant
under this section shall submit an application to the Director
at such time, in such manner, and containing such information as
the Director may require. The application shall include, at a
minimum--
``(A) in the case of an applicant that is submitting
an application on behalf of a consortium of institutions
of higher education, a description of the participating
institutions of higher education and the roles and
responsibilities of each such institution;
``(B) a description of the program that the
applicant intends to operate, including the number of
fellowships the applicant intends to award, the type of
activities proposed for the recruitment of students to
the program, and the amount of the teaching fellowship
salary supplements to be provided in accordance with
subsection (f);
``(C) evidence that the applicant has the capability
to administer the program in accordance with the
provisions of this section, which may include a
description of any existing programs at the applicant
eligible entity (and participating institutions of
higher education of the consortium, if applicable) that
are targeted to the education of mathematics and science
teachers and the number of teachers graduated annually
from such programs;
``(D) in the case of National Science Foundation
Teaching Fellowships, a description of--
``(i) the selection process that will be used
in awarding fellowships, including a description
of the rigorous measures to be used, including the
rigorous, nationally recognized assessments to be
used, in order to determine whether individuals
applying for fellowships have advanced content
knowledge of science, technology, engineering, or
mathematics;
``(ii) the academic courses and clinical
teaching experiences described in subsection
(c)(2)(A), including--
``(I) a description of an
educational program that will enable a
student to obtain a master's degree and
teacher certification or licensing
within 1 year; and
``(II) evidence of agreements
between the applicant and the schools or
local educational agencies that are
identified as the locations at which
clinical teaching experiences will
occur;
``(iii) a description of the programs
described in subsection (c)(2)(B), including
activities to assist individuals in fulfilling
their service requirements under this section;
``(E) evidence that the eligible entity will provide
the teaching supplements required under subsection (f);
and

[[Page 708]]
121 STAT. 708

``(F) a description of the process the applicant
will use to fulfill the requirements of section 10(f).
``(3) Criteria.--In evaluating the applications submitted
under paragraph (2), the Director shall consider, at a minimum--
``(A) the ability of the applicant (and
participating institutions of higher education of the
consortium, if applicable) to effectively carry out the
program and to meet the requirements of subsection (f);
``(B) the extent to which the mathematics, science,
or engineering faculty and the education faculty at the
eligible entity (and participating institutions of
higher education of the consortium, if applicable) have
worked or will work collaboratively to design new or
revised curricula that recognizes the specialized
pedagogy required to teach science, technology,
engineering, and mathematics effectively in elementary
schools and secondary schools;
``(C) the extent to which the applicant (and
participating institutions of higher education of the
consortium, if applicable) is committed to making the
program a central organizational focus;
``(D) the degree to which the proposed programming
will enable participants to become highly effective
mathematics and science teachers and prepare such
participants to assume leadership roles in their
schools, in addition to their regular classroom duties,
including serving as mentor or master teachers,
developing curriculum, and assisting in the development
and implementation of professional development
activities;
``(E) the number and quality of the individuals that
will be served by the program; and
``(F) in the case of the National Science Foundation
Teaching Fellowship, the ability of the applicant (and
participating institutions of higher education of the
consortium, if applicable) to recruit individuals who
would otherwise not pursue a career in teaching and
individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42
U.S.C. 1855a or 1855b).
``(4) Selection of fellows.--
``(A) In general.--Individuals shall be selected to
receive fellowships under this section primarily on the
basis of--
``(i) professional achievement;
``(ii) academic merit;
``(iii) content knowledge of science,
technology, engineering, or mathematics, as
demonstrated by their performance on an assessment
in accordance with paragraph (2)(D)(i); and
``(iv) in the case of National Science
Foundation Master Teaching Fellows, demonstrated
success in improving student academic achievement
in science, technology, engineering, or
mathematics.
``(B) Promoting participation of certain
individuals.--Among individuals demonstrating equivalent
qualifications, consideration may be given to the goal
of promoting the participation of individuals identified
in section

[[Page 709]]
121 STAT. 709

33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b).

``(e) Duties of National Science Foundation Teaching Fellows and
Master Teaching Fellows.--A National Science Foundation Teaching Fellow
or a National Science Foundation Master Teaching Fellow, while
fulfilling the service obligation under subsection (g) and in addition
to regular classroom activities, shall take on a leadership role within
the school or local educational agency in which the fellow is employed,
as defined by the partnership according to such fellow's expertise,
including serving as a mentor or master teacher, developing curricula,
and assisting in the development and implementation of professional
development activities.
``(f) Teaching Fellowship Salary Supplements.--
``(1) In general.--An eligible entity receiving a grant
under this section shall provide salary supplements to
individuals who participate in the program under this section
during the period of their service obligation under subsection
(g). A local educational agency through which the service
obligation is fulfilled shall agree not to reduce the base
salary normally paid to an individual solely because such
individual receives a salary supplement under this subsection.
``(2) Amount and duration.--
``(A) Amount.--Salary supplements provided under
paragraph (1) shall be not less than $10,000 per year,
except that, in the case of a National Science
Foundation Teaching Fellow, while enrolled in the
master's degree program as described in subsection
(c)(2)(A), such fellow shall receive not more than the
cost of attendance at such fellow's institution.
``(B) Support while enrolled in master's degree
program.--A National Science Foundation Teaching Fellow
may receive a maximum of 1 year of fellowship support
while enrolled in a master's degree program as described
in subsection (c)(2)(A), except that if such fellow is
enrolled in a part-time program, such amount shall be
prorated according to the length of the program.
``(C) Duration of support.--An eligible entity
receiving a grant under this section shall provide
teaching fellowship salary supplements through the
period of the fellow's service obligation under
subsection (g).

``(g) Service Obligation.--An individual awarded a fellowship under
this section shall serve as a mathematics or science teacher in an
elementary school or secondary school served by a high need local
educational agency for--
``(1) in the case of a National Science Foundation Teaching
Fellow, 4 years, to be fulfilled within 6 years of completing
the master's program described in subsection (c)(2)(A); and
``(2) in the case of a National Science Foundation Master
Teaching Fellow, 5 years, to be fulfilled within 7 years of the
start of participation in the program under subsection (c)(3).

``(h) Matching Requirement.--
``(1) In general.--An eligible entity receiving a grant
under this section shall provide, from non-Federal sources, an
amount equal to 50 percent of the amount of the grant (which may
be provided in cash or in-kind) to carry out the activities
supported by the grant.

[[Page 710]]
121 STAT. 710

``(2) Waiver.--The Director may waive all or part of the
matching requirement described in paragraph (1) for any fiscal
year for an eligible entity receiving a grant under this
section, if the Director determines that applying the matching
requirement would result in serious hardship or inability to
carry out the authorized activities described in this section.

``(i) Conditions of Support; Collection for Noncompliance; Failure
to Complete Service Obligation; Data Collection.--
``(1) In general.--Except as provided in paragraph (2),
subsections (e), (f), (g), and (h) of section 10 shall apply to
eligible entities and recipients of fellowships under this
section, as applicable, in the same manner as such subsections
apply to eligible entities and recipients of scholarships and
stipends under section 10, as applicable.
``(2) Amount of repayment.--If a circumstance described in
subparagraph (D) or (E) of section 10(g)(1) occurs after the
completion of 1 year of a service obligation under this
section--
``(A) for a National Science Foundation Teaching
Fellow, the total amount of fellowship award received by
the individual under this section while enrolled in the
master's degree program, reduced by one-fourth of the
total amount for each year of service completed, plus
one-half of the total teaching fellowship salary
supplements received by such individual under this
section, shall be repaid or such amount shall be treated
as a loan to be repaid in accordance with section
10(g)(1)(C); and
``(B) for a National Science Foundation Master
Teaching Fellow, the total amount of teaching fellowship
salary supplements received by the individual under this
section, reduced by one-half, shall be repaid or such
amount shall be treated as a loan to be repaid in
accordance with section 10(g)(1)(C).''.

SEC. 7031. ENCOURAGING PARTICIPATION.

(a) Community College Program.--Section 3 of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) encourage participation of individuals
identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b);''; and
(2) in subsection (c), by adding at the end the following:
``(3) Mentor training grants.--The Director shall--
``(A) establish a program to encourage and make
grants available to institutions of higher education
that award associate degrees to recruit and train
individuals from the fields of science, technology,
engineering, and mathematics to mentor students who are
described in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b) in order to assist those

[[Page 711]]
121 STAT. 711

students in identifying, qualifying for, and entering
higher-paying technical jobs in those fields; and
``(B) make grants available to associate-degree-
granting colleges to carry out the program identified in
subsection (A).''.

(b) [NOTE: 42 USC 1862o-11.] Evaluation and Report.--The Director
shall establish metrics to evaluate the success of the programs
established by the Foundation for encouraging individuals identified in
section 33 or 34 of the Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a or 1885b) to study and prepare for careers in science,
technology, engineering, and mathematics, including programs that
provide for mentoring for such individuals. The Director shall carry out
evaluations based on the metrics developed and report to Congress
annually on the findings and conclusions of the evaluations.

SEC. 7032. NATIONAL ACADEMY OF SCIENCES REPORT ON DIVERSITY IN SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS FIELDS.

(a) In General.--The [NOTE: Contracts.] Director shall enter into
an arrangement with the National Academy of Sciences for a report, to be
transmitted to the Congress not later than 1 year after the date of
enactment of this Act, about barriers to increasing the number of
underrepresented minorities in science, technology, engineering, and
mathematics fields and to identify strategies for bringing more
underrepresented minorities into the science, technology, engineering,
and mathematics workforce.

(b) Specific Requirements.--The Director shall ensure that the
report described in subsection (a) addresses--
(1) social and institutional factors that shape the
decisions of minority students to commit to education and
careers in the science, technology, engineering, and mathematics
fields;
(2) specific barriers preventing greater minority student
participation in the science, technology, engineering, and
mathematics fields;
(3) primary focus points for policy intervention to increase
the recruitment and retention of underrepresented minorities in
the future workforce of the United States;
(4) programs already underway to increase diversity in the
science, technology, engineering, and mathematics fields, and
their level of effectiveness;
(5) factors that make such programs effective, and how to
expand and improve upon existing programs;
(6) the role of minority-serving institutions in the
diversification of the workforce of the United States in these
fields and how that role can be supported and strengthened; and
(7) how the public and private sectors can better assist
minority students in their efforts to join the workforce of the
United States in these fields.

SEC. 7033. [NOTE: 42 USC 1862o-12.] HISPANIC-SERVING INSTITUTIONS
UNDERGRADUATE PROGRAM.

(a) In General.--The [NOTE: Grants.] Director is authorized to
establish a new program to award grants on a competitive, merit-reviewed
basis to Hispanic-serving institutions (as defined in section 502 of the
Higher Education Act of 1965 (20 U.S.C. 1101a)) to enhance the quality
of undergraduate science, technology, engineering, and mathematics
education at such institutions and to increase the

[[Page 712]]
121 STAT. 712

retention and graduation rates of students pursuing associate's or
baccalaureate degrees in science, technology, engineering, and
mathematics.

(b) Program Components.--Grants awarded under this section shall
support--
(1) activities to improve courses and curriculum in science,
technology, engineering, and mathematics;
(2) faculty development;
(3) stipends for undergraduate students participating in
research; and
(4) other activities consistent with subsection (a), as
determined by the Director.

(c) Instrumentation.--Funding for instrumentation is an allowed use
of grants awarded under this section.

SEC. 7034. [NOTE: 42 USC 1862o-13.] PROFESSIONAL SCIENCE MASTER'S
DEGREE PROGRAMS.

(a) Clearinghouse.--
(1) Development.--The [NOTE: Establishment.] Director
shall establish a clearinghouse, in collaboration with 4-year
institutions of higher education (including applicable graduate
schools and academic departments), and industries and Federal
agencies that employ science-trained personnel, to share program
elements used in successful professional science master's degree
programs and other advanced degree programs related to science,
technology, engineering, and mathematics.
(2) Availability.--The Director shall make the clearinghouse
of program elements developed under paragraph (1) available to
institutions of higher education that are developing
professional science master's degree programs.

(b) Programs.--
(1) Programs authorized.--The [NOTE: Grants.] Director
shall award grants to 4-year institutions of higher education to
facilitate the institutions' creation or improvement of
professional science master's degree programs that may include
linkages between institutions of higher education and industries
that employ science-trained personnel, with an emphasis on
practical training and preparation for the workforce in high-
need fields.
(2) Application.--A 4-year institution of higher education
desiring a grant under this section shall submit an application
to the Director at such time, in such manner, and accompanied by
such information as the Director may require. The application
shall include--
(A) a description of the professional science
master's degree program that the institution of higher
education will implement;
(B) a description of how the professional science
master's degree program at the institution of higher
education will produce individuals for the workforce in
high-need fields;
(C) the amount of funding from non-Federal sources,
including from private industries, that the institution
of higher education shall use to support the
professional science master's degree program; and
(D) an assurance that the institution of higher
education shall encourage students in the professional
science master's degree program to apply for all forms
of Federal assistance available to such students,
including applicable

[[Page 713]]
121 STAT. 713

graduate fellowships and student financial assistance
under titles IV and VII of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq., 1133 et seq.).
(3) Preferences.--The Director shall give preference in
making awards to 4-year institutions of higher education seeking
Federal funding to create or improve professional science
master's degree programs, to those applicants--
(A) located in States with low percentages of
citizens with graduate or professional degrees, as
determined by the Bureau of the Census, that demonstrate
success in meeting the unique needs of the corporate,
non-profit, and government communities in the State, as
evidenced by providing internships for professional
science master's degree students or similar partnership
arrangements; or
(B) that secure more than two-thirds of the funding
for such professional science master's degree programs
from sources other than the Federal Government.
(4) Number of grants; time period of grants.--
(A) Number of grants.--Subject to the availability
of appropriated funds, the Director shall award grants
under paragraph (1) to a maximum of 200 4-year
institutions of higher education.
(B) Time period of grants.--Grants awarded under
this section shall be for one 3-year term. Grants may be
renewed only once for a maximum of 2 additional years.
(5) Evaluation and reports.--
(A) Development of performance benchmarks.--Prior to
the start of the grant program, the Director, in
collaboration with 4-year institutions of higher
education (including applicable graduate schools and
academic departments), and industries and Federal
agencies that employ science-trained personnel, shall
develop performance benchmarks to evaluate the pilot
programs assisted by grants under this section.
(B) Evaluation.--For each year of the grant period,
the Director, in consultation with 4-year institutions
of higher education (including applicable graduate
schools and academic departments), and industries and
Federal agencies that employ science-trained personnel,
shall complete an evaluation of each program assisted by
grants under this section. Any program that fails to
satisfy the performance benchmarks developed under
subparagraph (A) shall not be eligible for further
funding.
(C) Report.--Not later than 180 days after the
completion of an evaluation described in subparagraph
(B), the Director shall submit a report to Congress that
includes--
(i) the results of the evaluation; and
(ii) recommendations for administrative and
legislative action that could optimize the
effectiveness of the pilot programs, as the
Director determines to be appropriate.

SEC. 7035. SENSE OF CONGRESS ON COMMUNICATIONS TRAINING FOR SCIENTISTS.

(a) Sense of Congress.--It is the sense of Congress that
institutions of higher education receiving awards under the Integrative
Graduate Education and Research Traineeship program of

[[Page 714]]
121 STAT. 714

the Foundation should, among the activities supported under these
awards, train graduate students in the communication of the substance
and importance of their research to nonscientist audiences.
(b) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Director shall transmit a report to the
Committee on Science and Technology of the House of Representatives and
to the Committee on Commerce, Science, and Transportation and the
Committee on Health, Education, Labor, and Pensions of the Senate,
describing the training programs described in subsection (a) provided to
graduate students who participated in the Integrative Graduate Education
and Research Traineeship program. The report shall include data on the
number of graduate students trained and a description of the types of
activities funded.

SEC. 7036. [NOTE: 42 USC 1862o-14.] MAJOR RESEARCH INSTRUMENTATION.

(a) Award Amount.--The minimum amount of an award under the Major
Research Instrumentation program shall be $100,000. The maximum amount
of an award under the program shall be $4,000,000 except if the total
amount appropriated for the program for a fiscal year exceeds
$125,000,000, in which case the maximum amount of an award shall be
$6,000,000.
(b) Use of Funds.--In addition to the acquisition of instrumentation
and equipment, funds made available by awards under the Major Research
Instrumentation program may be used to support the operations and
maintenance of such instrumentation and equipment.
(c) Cost Sharing.--
(1) In general.--An institution of higher education
receiving an award under the Major Research Instrumentation
program shall provide at least 30 percent of the cost from
private or non-Federal sources.
(2) Exceptions.--Institutions of higher education that are
not Ph.D.-granting institutions are exempt from the cost sharing
requirement in paragraph (1), and the Director may reduce or
waive the cost sharing requirement for--
(A) institutions--
(i) that are not ranked among the top 100
institutions receiving Federal research and
development funding, as documented by the
statistical data published by the Foundation; and
(ii) for which the proposed project will make
a substantial improvement in the institution's
capabilities to conduct leading edge research, to
provide research experiences for undergraduate
students using leading edge facilities, and to
broaden the participation in science and
engineering research by individuals identified in
section 33 or 34 of the Science and Engineering
Equal Opportunities Act (42 U.S.C. 1885a or
1885b); and
(B) consortia of institutions of higher education
that include at least one institution that is not a
Ph.D.-granting institution.

SEC. 7037. [NOTE: 42 USC 1862o-15.] LIMIT ON PROPOSALS.

(a) Policy.--For programs supported by the Foundation that require
as part of the selection process for awards the submission of
preproposals and that also limit the number of preproposals

[[Page 715]]
121 STAT. 715

that may be submitted by an institution, the Director shall allow the
subsequent submission of a full proposal based on each preproposal that
is determined to have merit following the Foundation's merit review
process.
(b) Review and Assessment of Policies.--The Board shall review and
assess the effects on institutions of higher education of the policies
of the Foundation regarding the imposition of limitations on the number
of proposals that may be submitted by a single institution for programs
supported by the Foundation. The Board shall determine whether current
policies are well justified and appropriate for the types of programs
that limit the number of proposal
submissions. [NOTE: Deadline. Reports.] Not later than 1 year after
the date of enactment of this Act, the Board shall summarize the Board's
findings and any recommendations regarding changes to the current policy
on the restriction of proposal submissions in a report to the Committee
on Science and Technology of the House of Representatives and to the
Committee on Commerce, Science, and Transportation and the Committee on
Health, Education, Labor, and Pensions of the Senate.

TITLE VIII--GENERAL PROVISIONS

SEC. 8001. COLLECTION OF DATA RELATING TO TRADE IN SERVICES.

(a) Report.--Not later than January 31, 2008, the Secretary of
Commerce, acting through the Director of the Bureau of Economic
Analysis, shall report to Congress on the feasibility, annual cost, and
potential benefits of a program to collect and study data relating to
export and import of services.
(b) Program.--The proposed program to be studied under subsection
(a) shall include requirements that the Secretary annually--
(1) provide data collection and analysis relating to export
and import of services;
(2) collect and analyze data for service imports and exports
in not less than 40 service industry categories, on a State-by-
State basis;
(3) collect data on, and analyze, the employment effects of
exports and imports on the service industry; and
(4) integrate ongoing and planned data collection and
analysis initiatives in research and development and innovation.

SEC. 8002. SENSE OF THE SENATE REGARDING SMALL BUSINESS GROWTH AND
CAPITAL MARKETS.

(a) Findings.--Congress finds that--
(1) the United States has the most fair, most transparent,
and most efficient capital markets in the world, in part due to
its strong securities statutory and regulatory scheme;
(2) it is of paramount importance for the continued growth
of the economy of the Nation, that our capital markets retain
their leading position in the world;
(3) small businesses are vital participants in United States
capital markets, and play a critical role in future economic
growth and high-wage job creation;
(4) section 404 of the Sarbanes-Oxley Act of 2002 has
greatly enhanced the quality of corporate governance and
financial reporting for public companies and increased investor
confidence;

[[Page 716]]
121 STAT. 716

(5) the Securities and Exchange Commission (referred to in
this section as the ``Commission'') and the Public Company
Accounting Oversight Board (referred to in this section as the
``PCAOB'') have both determined that the current auditing
standard implementing section 404 of the Sarbanes-Oxley Act of
2002 has imposed unnecessary and unintended cost burdens on
small and mid-sized public companies;
(6) the Commission and the PCAOB are now near completion of
a 2-year process intended to revise the auditing standard in
order to provide more efficient and effective regulation; and
(7) the Chairman of the Commission recently has said, with
respect to section 404 of the Sarbanes-Oxley Act of 2002, that,
``We don't need to change the law, we need to change the way the
law is implemented. It is the implementation of the law that has
caused the excessive burden, not the law itself. That's an
important distinction. I don't believe these important investor
protections, which are even now only a few years old, should be
opened up for amendment, or that they need to be.''.

(b) Sense of the Senate.--It is the sense of the Senate that the
Commission and the PCAOB should complete promulgation of the final rules
implementing section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262).

SEC. 8003. [NOTE: Deadline. Reports.] GOVERNMENT ACCOUNTABILITY OFFICE
REVIEW OF ACTIVITIES, GRANTS, AND PROGRAMS.

Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a report to
Congress that--
(1) assesses and evaluates the effectiveness of a
representative sample of the new or expanded programs and
activities (including programs and activities carried out under
grants) required to be carried out under this Act; and
(2) includes such recommendations as the Comptroller General
determines are appropriate to ensure effectiveness of, or
improvements to, the programs and activities, including
termination of programs or activities.

SEC. 8004. SENSE OF THE SENATE REGARDING ANTI-COMPETITIVE TAX POLICY.

It is the sense of the Senate that Federal funds should not be
provided to any organization or entity that advocates against a United
States tax policy that is internationally competitive.

SEC. 8005. STUDY OF THE PROVISION OF ONLINE DEGREE PROGRAMS.

(a) In General.--Not [NOTE: Deadline. Contracts. Reports.] later
than 90 days after the date of enactment of this Act, the Secretary of
Education shall enter into an arrangement with the National Academy of
Sciences to conduct a study and provide a report to the Secretary, the
Secretary of Commerce, and Congress. The study shall consider the
mechanisms and supports needed for an institution of higher education
(as defined in section 7001) or nonprofit organization to develop and
maintain a program to provide free access to online educational content
as part of a degree program, especially in science, technology,
engineering, mathematics, or foreign languages, without using Federal
funds, including funds provided under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.) The study shall consider whether
such a program could be developed

[[Page 717]]
121 STAT. 717

and managed by such institution of higher education or nonprofit
organization and sustained through private funding. The study shall
examine how such program can--
(1) build on existing online programs, including making use
of existing online courses;
(2) modify or expand traditional course content for online
educational content;
(3) develop original course content for online courses and
degree programs;
(4) provide necessary laboratory experience for science,
technology, and engineering courses;
(5) be accepted for full credit by other institutions of
higher education; and
(6) provide credentials that would be recognized by
employers, enabling program participants to attain employment.

(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary for
fiscal year 2008.

SEC. 8006. SENSE OF THE SENATE REGARDING DEEMED EXPORTS.

It is the sense of the Senate that--
(1) the policies of the United States Government relating to
deemed exports should safeguard the national security of the
United States and protect fundamental research;
(2) the Department of Commerce has established the Deemed
Export Advisory Committee to develop recommendations for
improving current controls on deemed exports; and
(3) the President and Congress should consider the
recommendations of the Deemed Export Advisory Committee in the
development and implementation of export control policies.

SEC. 8007. SENSE OF THE SENATE REGARDING CAPITAL MARKETS.

It is the sense of the Senate that--
(1) Congress, the President, regulators, industry leaders,
and other stakeholders should take the necessary steps to
reclaim the preeminent position of the United States in the
global financial services marketplace;
(2) the Federal and State financial regulatory agencies
should, to the maximum extent possible--
(A) coordinate activities on significant policy
matters, so as not to impose regulations that may have
adverse unintended consequences on innovativeness with
respect to financial products, instruments, and
services, or that impose regulatory costs that are
disproportionate to their benefits; and
(B) at the same time, ensure that the regulatory
framework overseeing the United States capital markets
continues to promote and protect the interests of
investors in those markets; and
(3) given the complexity of the financial services
marketplace, Congress should exercise vigorous oversight over
Federal regulatory and statutory requirements affecting the
financial services industry and consumers, with the goal of
eliminating excessive regulation and problematic implementation
of existing laws and regulations, while ensuring that necessary
investor protections are not compromised.

[[Page 718]]
121 STAT. 718

SEC. 8008. [NOTE: 20 USC 9801 note.] ACCOUNTABILITY AND TRANSPARENCY
OF ACTIVITIES AUTHORIZED BY THIS ACT.

(a) Prohibited Use of Funds.--A grant or contract funded by amounts
authorized by this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant or contract
was awarded. A directly and programmatically related banquet or
conference includes a banquet or conference held in connection with
planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
Records [NOTE: Records.] of the total costs related to, and
justifications for, all banquets and conferences shall be reported to
the appropriate Department, Administration, or
Foundation. [NOTE: Deadline. Public information.] Not later than 60
days after receipt of such records, the appropriate Department,
Administration, or Foundation shall make the records available to the
public.

(b) Conflict of Interest Statement.--
Any [NOTE: Certification.] person awarded a grant or contract funded
by amounts authorized by this Act shall submit a statement to the
Secretary of Commerce, the Secretary of Energy, the Secretary of
Education, the Administrator, or the Director, as appropriate,
certifying that no funds derived from the grant or contract will be made
available through a subcontract or in any other manner to another person
who has a financial interest or other conflict of interest in the person
awarded the grant or contract, unless such conflict is previously
disclosed and approved in the process of entering into a contract or
awarding a grant. [NOTE: Deadline. Public information.] Not later than
60 days after receipt of the certification, the appropriate Secretary,
Administrator, or Director shall make all documents received that relate
to the certification available to the public.

(c) Application to Federal Grants and [NOTE: Effective
date.] Contracts.--Subsections (a) and (b) shall take effect 360 days
after the date of enactment of this Act.

(d) Exception.--Subsections (a) and (b) shall not apply to grants or
contracts authorized under sections 6201 and 6203.

Approved August 9, 2007.

LEGISLATIVE HISTORY--H.R. 2272 (S. 761):
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HOUSE REPORTS: No. 110-289 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 153 (2007):
May 21, considered and passed House.
July 19, considered and passed Senate, amended.
Aug. 2, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Aug. 9, Presidential statement.