Text: H.R.2272 — 110th Congress (2007-2008)All Bill Information (Except Text)

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Public Law No: 110-69 (08/09/2007)

 
[110th Congress Public Law 69]
[From the U.S. Government Printing Office]


[DOCID: f:publ069.110]

[[Page 571]]

                          AMERICA COMPETES ACT

[[Page 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.

[[Page 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.

[[Page 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

[[Page 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 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

[[Page 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 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.

[[Page 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 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.

[[Page 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.

[[Page 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.--

[[Page 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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. 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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):
---------------------------------------------------------------------------

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.

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