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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-289
======================================================================
21ST CENTURY COMPETITIVENESS ACT, 2007
_______
August 1, 2007.--Ordered to be printed
_______
Mr. Gordon, from the committee of conference, submitted the following
Conference Report (H. Rept. 110-289)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2272), to invest in innovation through research and
development, and to improve the competitiveness of the United
States, having met, after full and free conference, have agreed
to recommend and do recommend to their respective Houses as
follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
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.
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.
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. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall convene a
National 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 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;
(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
(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 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 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. PRESIDENT'S COUNCIL ON INNOVATION AND COMPETITIVENESS.
(a) In General.--The 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.
(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 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 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 or 1885b) in the areas of
science, engineering, technology, and
mathematics.
(B) Designation.--Not 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 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. 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.
(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. 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. RELEASE OF SCIENTIFIC RESEARCH RESULTS.
(a) Principles.--Not 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.
(b) Implementation.--Not 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 policies 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. 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.--
(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 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. 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. 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 workforce 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;
(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. 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.
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.
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) 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 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) 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) 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 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 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.
``(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
(2) by inserting before the section moved by
paragraph (1) the following new section:
``SEC. 33. 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--
(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. 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.''.
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. 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.
``(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.
``(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 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.--
``(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--
``(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-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) 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. 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 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 by 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. 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.
SEC. 4002. 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. 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 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. 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)).
(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) 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 Secretary shall
offer to enter into a contract with the
National Academy of Sciences under which the
National Academy, not later than 5 years after,
and not later than 10 years after, the date of
enactment of this paragraph, shall assess the
performance of the 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 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) 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:
``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. 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 1--PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR SCIENCE
AND MATHEMATICS
``SEC. 3171. 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.
``(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
``(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--
``(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. 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
``(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. 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 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.
``CHAPTER 4--SUMMER INSTITUTES
``SEC. 3185. 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
``(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.--
``(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. 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. MENTORING PROGRAM.
``(a) In General.--As part of the programs established
under chapters 1, 3, and 4, the Director shall establish a
program to 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 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. 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;
(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. 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.
(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 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. 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.--
(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.
(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.''.
SEC. 5008. DISCOVERY SCIENCE AND ENGINEERING INNOVATION INSTITUTES.
(a) In General.--The Secretary shall establish distributed,
multidisciplinary institutes (referred to in this section as
``Institutes'') centered at National Laboratories to apply
fundamental science and engineering discoveries to
technological innovations 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 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. PROTECTING AMERICA'S COMPETITIVE EDGE (PACE) GRADUATE
FELLOWSHIP PROGRAM.
(a) Definition of Eligible Student.--In this section, the
term ``eligible student'' means a student who attends an
institution of higher education that offers a doctoral degree
in a field relevant to a mission area of the Department.
(b) Establishment.--The Secretary shall establish a
graduate fellowship program for eligible students pursuing a
doctoral degree in a mission area of the Department.
(c) Selection.--
(1) In general.--The Secretary shall award
fellowships to eligible students under this section
through a competitive merit review process, involving
written and oral interviews, that will result in a wide
distribution of awards throughout the United States, 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
(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. 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).
(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. 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) 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 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, 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.--
(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) 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 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. 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. 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 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. 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. 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--
(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
(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. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, TECHNOLOGY,
ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN
LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION.
(a) Program Authorized.--From 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 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;
(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).
(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. 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--
(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 teacher's 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 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.
(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. 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. 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. 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--
(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. 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--
(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. 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;
(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, 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).
(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 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. 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 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
(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) 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.
Subtitle B--Mathematics
SEC. 6201. 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) 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 paragraphs (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:
(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, 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
(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 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 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 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) 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 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) establish 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 (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. 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 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
(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--
(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--
(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. 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 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) 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:
(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 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 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 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 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 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) 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 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).
(ii) Report.--The Secretary shall--
(I) establish 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;
(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. PEER REVIEW OF STATE APPLICATIONS.
(a) 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 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) 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) 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.
Subtitle C--Foreign Language Partnership Program
SEC. 6301. 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. 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. PROGRAM AUTHORIZED.
(a) Program Authorized.--
(1) In general.--The 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 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--
(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 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 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. 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.
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.
(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;
(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--
(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--
(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 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
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--
(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).
(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. 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 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. 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. 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.
(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.
(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.
(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.
SEC. 7003. 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. 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) 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''.
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. 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. 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. 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. 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 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. 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.--
(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 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 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 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 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. 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. 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.
SEC. 7020. 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. 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. 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.
SEC. 7022. 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;
``(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 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) 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) 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. The advisory committee shall report
not less frequently than once every 2 fiscal years to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on its findings and
recommendations. 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 (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) 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;
(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 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 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,
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,
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 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) 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 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 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.
``(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) 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 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.
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:
``(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 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 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--
``(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 entity (and
participating institutions of higher education
of the consortium, if applicable) are active
participants in the program.
``(5) 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
``(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 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 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).
``(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, \1/
2\ 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, 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 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 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. 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 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 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
``(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 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.
``(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 \1/4\ of the total amount
for each year of service completed, plus \1/2\
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 \1/2\, 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
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) 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 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. HISPANIC-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM.
(a) In General.--The 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 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. PROFESSIONAL SCIENCE MASTER'S DEGREE PROGRAMS.
(a) Clearinghouse.--
(1) Development.--The 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 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 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 \2/3\ 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 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. 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. 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 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. 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;
(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. 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 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 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.
SEC. 8008. 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 of the
total costs related to, and justifications for, all banquets
and conferences shall be reported to the appropriate
Department, Administration, or Foundation. 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 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. 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 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.
And the Senate agree to the same.
From the Committee on Science and Technology,
for consideration of the House bill and the
Senate amendment, and modifications committed
to conference:
Bart Gordon,
Daniel Lipinski,
Brian Baird,
David Wu,
Nick Lampson,
Mark Udall,
Gabrielle Giffords,
Jerry McNerney,
Vernon J. Ehlers,
From the Committee on Education and Labor, for
consideration of Division C of the Senate
amendment, and modifications committed to
conference:
George Miller,
Rush Holt,
Managers on the Part of the House.
Jeff Bingaman,
Daniel K. Inouye,
Edward Kennedy,
Joseph Lieberman,
Barbara A. Mikulski,
John F. Kerry,
Bill Nelson,
Pete V. Domenici,
Ted Stevens,
Michael B. Enzi,
Lamar Alexander,
John Ensign,
Norm Coleman,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 2272) to invest
in innovation through research and development, and to improve
the competitiveness of the United States, submit the following
joint statement to the House and the Senate in explanation of
the effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT-WIDE
SCIENCE
NATIONAL SCIENCE AND TECHNOLOGY SUMMIT (SEC. 1001)
The Senate amendment contained a provision (sec. 1101)
that would require the President to convene a National Science
and Technology Summit within 180 days of enactment to evaluate
the health and direction of the nation's science, technology,
engineering, and mathematics enterprises and to identify key
research and technology challenges and recommendations for
research and development investment over the next five years.
The House bill contained no similar provision.
The House recedes to subsections (a) and (b) and agrees
to modified text for subsection (c).
STUDY ON BARRIERS TO INNOVATION (SEC. 1002)
The Senate amendment contained a provision (sec. 1102)
that requires the Director of the Office of Science and
Technology Policy (OSTP) to enter into a contract with the
National Academy of Sciences one year after enactment and four
years after enactment to conduct a study to identify forms of
risk that create barriers to innovation. The study is intended
to review the long-term value of innovation to the business
community and to identify means to mitigate risks presently
associated with such innovation activities.
The House bill contained no similar provision.
The House recedes to the Senate provision with the
removal of paragraphs (a)(13) and (a)(14).
NATIONAL TECHNOLOGY AND INNOVATION MEDAL (SEC. 1003)
The Senate amendment contained a provision (sec. 1103)
that amends Section 16 of the Stevenson-Wydler Technology
Innovation Act of 1980 to rename the ``National Technology
Medal'' as the ``National Technology and Innovation Medal.''
The House bill contained a provision (sec. 205) that
establishes the Presidential Innovation Award to be presented
periodically, on the basis of recommendations from the director
of the Office of Science and Technology Policy, to citizens or
permanent residents of the United States who develop unique
scientific or engineering ideas judged to stimulate scientific
and engineering advances in the national interest, to
illustrate the linkage between science and engineering and
national needs, and to provide an example to excite the
interest of students in science or engineering professions.
The House recedes.
SEMIANNUAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS DAYS (SEC.
1004)
The Senate amendment contained a provision (sec. 1105)
that expresses the Sense of Congress that OSTP should encourage
all elementary and middle schools to observe a Science,
Technology, Engineering, and Mathematics Day twice in every
school year for the purpose of facilitating the interaction
between science, technology, engineering, and mathematics
mentors and grade school students. This section also expresses
a Sense of Congress that OSTP should encourage involvement of
federal employees, the private sector, and institutions of
higher learning in such days.
The House bill contained no similar provision.
The House recedes.
STUDY OF SERVICE SCIENCE (SEC. 1005)
The Senate amendment contained a provision (sec. 1106)
that would express a Sense of Congress that the Federal
Government should better understand and respond strategically
to the emerging management and learning discipline known as
``service science.'' The provision would require the Director
of OSTP, through the National Academy of Sciences, to conduct a
study on how the Federal Government should best support service
science through research, education, and training.
The House bill contained no similar provision.
The House recedes with an amendment to change the report
requirement from 270 days to 1 year.
PRESIDENT'S COUNCIL ON INNOVATION AND COMPETITIVENESS (SEC. 1006)
The Senate amendment contained a provision (sec. 1201)
that would require the President to establish a President's
Council on Innovation and Competitiveness to develop a
comprehensive agenda to promote innovation in the public and
private sectors. The Council, which could be constituted by
designating an existing body to perform its functions, would
include the Secretaries of Commerce, Defense, Education, Health
and Human Services, Homeland Security, Labor, and Treasury
along with the heads of the National Aeronautics and Space
Administration, the Securities and Exchange Commission, the
National Science Foundation, the Office of the United States
Trade Representative, the Office of Management and Budget, the
Office of Science and Technology Policy, the Environmental
Protection Agency, the Small Business Administration, and other
relevant federal agencies involved in innovation. As the
President's Council on Innovation and Competitiveness develops
a comprehensive agenda for strengthening innovation and
competitiveness it should consult with advisors from the
private sector, labor, scientific organizations, academic
organizations, and other nongovernmental organizations working
in the area of science or technology.
The House bill contained no similar provision.
The House recedes.
NATIONAL COORDINATION OF RESEARCH INFRASTRUCTURE (SEC. 1007)
The House bill contained a provision (sec. 206) that
establishes a National Coordination Office for Research
Infrastructure under the OSTP to identify and prioritize
deficiencies in research facilities and instrumentation in
academic institutions and national laboratories and to make
recommendations for use of funding authorized. The Office is
directed to report to Congress annually at the time of the
Administration's budget proposal.
The Senate amendment contained no similar provision.
The Conferees agree to modified language that directs the
Director of the OSTP to 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. The provision also requires
the Director of OSTP to annually submit to Congress, in support
of the President's budget, a report setting forth the
deficiencies in research infrastructure, projects, and budget
proposals of Federal research facilities for major
instrumentation acquisitions that are included in the budget
and an explanation of how the projects and instrumentation
acquisitions relate to the identified deficiencies and
priorities.
SENSE OF CONGRESS ON INNOVATION ACCELERATION RESEARCH (SEC. 1008)
The Senate amendment contained a provision (sec. 1202)
that would require the President, through the head of each
Federal research agency, to establish the ``Innovation
Acceleration Research Program'' to support and promote
innovation in the United States by requiring each department or
agency that sponsors scientific research to set as a goal 8
percent of its annual research budget to be directed toward
innovation acceleration research.
The House bill contained no similar provision.
The Conferees agree to a modified provision that
expresses the Sense of Congress that each Federal research
agency should strive to support and promote innovation through
high-risk, high-reward basic research and set a goal of
allocating an appropriate percentage of its annual basic
research budget to funding high-risk, high-reward basic
research projects.
RELEASE OF SCIENTIFIC RESEARCH RESULTS (SEC. 1009)
The Senate amendment contained a provision (sec. 1104)
that would require the Director of OSTP, in consultation with
the Director of the Office of Management and Budget (OMB) and
the heads of all Federal civilian agencies that conduct
scientific research, to develop and issue a set of principles
for the communication of scientific information by government
scientists, policy makers, and managers to the public within 90
days after the date of enactment.
The House bill contained no similar provision.
The House recedes with a clarifying amendment.
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
NASA'S CONTRIBUTION TO INNOVATION (SEC. 2001)
The House bill contained a provision (sec. 209) that
expresses the Sense of the Congress that a balanced and robust
program in science, aeronautics, exploration, and human space
flight at NASA, as authorized in the NASA Authorization Act of
2005, contributes significantly to national innovation and
competitiveness. It also directs the NASA Administrator to
participate fully in interagency efforts to promote innovation
and economic competitiveness through scientific research and
development.
The Senate amendment contained a provision (sec. 1301)
that directs that NASA be regarded as a full participant in
interagency activities to promote competitiveness and
innovation and to enhance science, technology, engineering, and
mathematics education, provided that such efforts are
consistent with NASA's mission, including authorized
activities. It also identifies NASA's balanced science program
as an essential part of NASA's contribution to innovation in
and the economic competitiveness of the United States and that
funding NASA at the levels authorized in the NASA Authorization
Act of 2005 would enable NASA's programs to contribute to U.S.
innovation and competitiveness.
The House recedes with modifications.
AERONAUTICS (SEC. 2002)
The Senate amendment contained a provision (sec. 1302)
that would consolidate NASA's aeronautics research authorized
under the NASA Authorization Act of 2005 into an Aeronautics
Institute for Research within NASA. It would require the
Institute to cooperate with relevant programs in the Department
of Transportation, the Department of Defense, the Department of
Commerce, and the Department of Homeland Security, including
the Joint Planning and Development Office established under the
VISION 100-Century of Aviation Reauthorization Act. The
Aeronautics Institute would be allowed to accept assistance,
staff, and funding from other federal departments and agencies.
The House bill contained no similar provision.
The Conferees agree to modified language that includes a
Sense of Congress that NASA's aeronautics research and
development program has been an important contributor to
innovation and to the competitiveness of the United States, and
that NASA should maintain its capabilities to advance the state
of aeronautics. The provision also includes language that
directs the Administrator to coordinate NASA's aeronautics
activities with relevant departments and agencies.
BASIC RESEARCH ENHANCEMENT (SEC. 2003)
The Senate amendment contained a provision (sec. 1303)
that establishes, within NASA, a Basic Research Executive
council to oversee the distribution and management of programs
and resources engaged in support of basic research activity
including the most senior agency official representing the
space science, earth science, life and microgravity sciences,
and aeronautical research areas. The duties of the Council will
be to set criteria for identification of basic research, set
priority of research activity, review and evaluate research
activity, make recommendations regarding needed adjustments in
research activities, and provide annual reports to Congress on
research activities.
The House bill contained no similar provision.
The Conferees agree to strike all but subsection (a) as
amended.
AGING WORKFORCE ISSUES PROGRAM (SEC. 2004)
The Senate amendment contained a provision (sec. 1304)
that expresses the Sense of Congress that the NASA
Administrator should implement a program to address aging
workforce issues in aerospace that would document technical and
management experiences of senior NASA employees before they
leave the Administration, provide incentives for retirees to
return to NASA to teach new NASA employees about their lessons
and experiences, and provide for the development of an award to
recognize and reward senior NASA employees for their
contribution to knowledge sharing.
The House bill contained no similar provision.
The House recedes.
SENSE OF THE CONGRESS REGARDING NASA'S UNDERGRADUATE STUDENT RESEARCH
PROGRAM (SEC. 2005)
The Senate amendment contained no provision.
The House bill contained no provision.
The Conferees agree to include a provision to express 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 aeronautics
scientists, technologists, engineers, and mathematicians, the
Administrator should utilize NASA's existing Undergraduate
Student Research Program to support basic research projects on
subjects relevant to NASA.
USE OF INTERNATIONAL SPACE STATION NATIONAL LABORATORY TO SUPPORT MATH
AND SCIENCE EDUCATION AND COMPETITIVENESS (SEC. 2006)
The Senate amendment contained no provision.
The House bill contained no provision.
The Conferees agree to include a provision to express 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. The
provision also directs the Administrator to develop detailed
plans for implementing one or more education projects that
utilize the International Space Station and identifying and
supporting research to be conducted aboard the International
Space Station.
Fiscal Year 2008 basic science and research funding
The Senate amendment contained a provision (sec. 1306)
that increases funding for basic science and research,
including for the Explorer program, for fiscal year 2008 by
$160 million by transferring such amount for such purpose from
NASA accounts. The availability of these funds is made
contingent upon unobligated balances being available to NASA.
The House bill contained no similar provision.
The Senate recedes.
Conforming amendments
The Senate amendment contained a provision (sec. 1305)
that would amend Section 101(d) of the NASA Authorization Act
of 2005 by adding that the assessment undertaken by NASA
examines the number and content of science activities which may
be considered as fundamental, or basic research, whether
incorporated within specific missions or conducted
independently of any specific mission. In addition, this
section would require NASA to assess how NASA science
activities can best be structured to ensure that basic and
fundamental research can be effectively maintained and
coordinated in response to national goals in competitiveness
and innovation.
The House bill contained no similar provision.
The Senate recedes.
TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
AUTHORIZATION OF APPROPRIATIONS (SEC. 3001)
The House bill contained provisions (sec. 411 and 412)
that authorize appropriations for the next three fiscal years.
Included in the House provisions were authorizations for
Science and Technical Research and Services of $470.9 million
for Laboratory Activities, $7.9 million for the Malcolm
Baldrige National Quality Award Program, and $93.9 million for
Construction and Maintenance in FY08; $497.8 million for
Laboratory Activities, $8.1 million for the Malcolm Baldrige
National Quality Award Program, and $86.4 million for
Construction and Maintenance in FY09; and $537.6 million for
Laboratory Activities, $8.3 million for the Malcolm Baldrige
National Quality Award Program, and $49.7 million for
Construction and Maintenance in FY10. In addition, the House
provision authorizes for Industrial Technology Services: $223
million for FY08, of which $110 million is for the Technology
Innovation Program (TIP) of which at least $45 million shall be
for new awards, and $113 million is for the Manufacturing
Extension Partnership (MEP) Program of which not more than $1
million is for the MEP competitive grant program; $263.5
million for FY09, of which $141.5 million is for the TIP of
which at least $45 million shall be for new awards, and $122
million is for the MEP of which not more than $4 million is for
the MEP competitive grant program; and $282.3 million for FY10,
of which $150.5 million is for the TIP of which at least $45
million shall be for new awards, and $131.8 million is for the
MEP of which not more than $4 million is for the MEP
competitive grant program.
The Senate amendment contained a provision (sec. 1401)
that authorized appropriations for the next four fiscal years.
The Senate provision authorizes $703.6 million in FY08 of which
$115 million is for the MEP; $774 million in FY09 of which $122
million is for the MEP; $851.4 million in FY10 of which $131.8
million is for the MEP; and $936.5 million in FY11 of which
$142.3 million is for the MEP.
The Conferees agree to alternate language that authorizes
NIST appropriations for three years and at sums for Science and
Technical Research and Services of $502.1 million for
Laboratory Activities and $150.9 million for Construction and
Maintenance in FY08; $541.9 million for Laboratory Activities
and $86.4 million for Construction and Maintenance in FY09; and
$584.8 million for Laboratory Activities and $49.7 million for
Construction and Maintenance in FY10. In addition, the
Conferees authorize for Industrial Technology Services: $210
million for FY08, of which $100 million is for the Technology
Innovation Program (TIP) of which at least $40 million shall be
for new awards, and $110 million is for the Manufacturing
Extension Partnership (MEP) Program of which not more than $1
million is for the MEP competitive grant program; $253.5
million for FY09, of which $131.5 million is for the TIP of
which at least $40 million shall be for new awards, and $122
million is for the MEP of which not more than $4 million is for
the MEP competitive grant program; and $272.3 million for FY10,
of which $140.5 million is for the TIP of which at least $40
million shall be for new awards, and $131.8 million is for the
MEP of which not more than $4 million is for the MEP
competitive grant program.
AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980
(SEC. 3002)
The Senate amendment contained a provision (sec. 1402)
that eliminates the Technology Administration and the Under
Secretary of Commerce for Technology at the Department of
Commerce, and makes conforming amendments.
The House bill contained no similar provision.
The Conferees agree to a modified provision that
restructures the Technology Administration Authority and makes
appropriate conforming amendments, including clarification that
the Directors of the National Institute of Standards and
Technology and the National Technical Information Service shall
report directly to the Secretary of Commerce.
The Senate amendment contained a provision (sec. 1405)
that re-establishes the Experimental Program to Stimulate
Competitive Technology (EPSCoT), which was previously managed
by the Technology Administration, at NIST. In making awards
under this section the NIST Director is directed to ensure that
the awards are made on a competitive basis. Special emphasis
would be given to projects which would increase the
participation of women, Native Americans (including Native
Hawaiians and Alaska Natives) and other under-represented
groups in science and technology. The program has a matching
requirement of not less than 50 percent.
The House bill contains no similar provision.
The Conferees agree to a modified provision that
transfers the responsibility of the EPSCoT to the Secretary of
Commerce rather than the Director of the National Institute of
Standards and Technology as in the original Senate provision.
MANUFACTURING EXTENSION PARTNERSHIP (SEC. 3003)
The Senate amendment contained a provision (sec. 1407)
that would amend paragraph 3 of section 25(c) of the National
Institute of Standards and Technology Act to clarify that a MEP
Center that receives Federal aid must pay for at least 50
percent of the costs incurred in operating the Center with
funding from non-Federal sources for the first 3 years and an
increasing percentage for the last three years in which the
Center is receiving aid under the program. All non-Federal
funding that a Center receives from private industry,
universities, and State governments, may be included as a
portion of the Center's 50 percent or greater funding
obligation, if it is determined by the Center to be
programmatically reasonable and allocable.
The House bill contained no similar provision.
The House recedes to a modified provision.
The House bill contained a provision (sec. 423(A)) that
creates an independent and outside Advisory Board for the MEP
to assess and provide advice on MEP programs, plans, policies,
and performance.
The Senate amendment contained no similar provision.
The Senate recedes.
The House bill contained a provision (sec. 423(B)) that
allows the MEP to accept funds from the private sector and
other Federal departments and agencies. The provision specifies
that these funds shall not be considered in the calculation of
the Federal cost-share.
The Senate amendment contained a similar provision (sec.
1404(b)) that allows the MEP to accept funds from the private
sector and other Federal departments and agencies and
stipulates that any private sector funding would not be
considered a part of the Federal share in the calculation of
the Federal cost-share. Funding accepted from other Federal
departments or agencies may be considered in the calculation of
the Federal cost share.
The Conferees agree to a modified provision that allows
the MEP to accept funds from the private sector and other
Federal departments and agencies. Any private sector funding
would not be considered a part of the Federal share in the
calculation of the Federal cost-share. When funds are accepted
from other Federal departments or agencies, the provision
specifies that the Director shall make the determination if
funds from other Federal departments and agencies shall be
considered a part of the Federal share in the calculation of
the Federal cost share.
The Senate amendment contained a provision (sec. 1404(a))
that amends section 25(c)(5) of the National Institute of
Standards and Technology Act (15 U.S.C. 278(c)(5)) by inserting
a probationary program for MEP Centers that have not received a
satisfactory rating. If a Center's performance has not improved
in one year, the Director would be required to conduct a
competition to select a new operator for the Center.
The House bill contained no similar provision.
The House recedes.
The House bill contained a provision (sec. 423(C)) that
establishes a competitive grants program for MEP Centers or
consortia of Centers. The grants are for Centers to conduct
projects to solve new or emerging manufacturing problems.
Awardees are not required to provide matching funds.
The Senate amendment contained no similar provision.
The Senate recedes.
INSTITUTE-WIDE PLANNING REPORT (SEC. 3004)
The House bill contained a provision (sec. 421) that
requires the Director of NIST to submit a 3-year programmatic
planning document for NIST to Congress and submit yearly
updates thereafter.
The Senate amendment contained no similar provision.
The Senate recedes.
REPORT BY VISITING COMMITTEE (SEC. 3005)
The House bill contained a provision (sec. 422) that
changes the reporting requirement for the Visiting Committee on
Advanced Technology to be due 30 days after the budget
submission and to comment on the NIST Director's 3-year
planning document.
The Senate amendment contained no similar provision.
The Senate recedes.
MEETINGS OF VISITING COMMITTEE ON ADVANCED TECHNOLOGY (SEC. 3006)
The House bill contained a provision (sec. 428) that
reduces the frequency of meetings for the Visiting Committee on
Advanced Technology from quarterly to twice annually.
The Senate amendment contained no similar provision.
The Senate recedes.
COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS (SEC. 3007)
The House bill contained a provision (sec. 426) that
establishes a collaborative manufacturing research pilot grant
program for partnerships between at least one industry and one
non-industry partner, with the purpose of fostering
collaboration and conducting applied research on manufacturing.
The award can be no more than one-third of the cost of the
partnership, with no more than an additional one-third coming
from other Federal sources. NIST will run one pilot competition
and awards will be for three years.
The Senate amendment contained no similar provision.
The Senate recedes.
MANUFACTURING FELLOWSHIP PROGRAM (SEC. 3008)
The House bill contained a provision (sec. 427) that
establishes a program of postdoctoral and senior research
fellowships at NIST in manufacturing sciences.
The Senate amendment contained no similar provision.
The Senate recedes.
PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES (SEC. 3009)
The House bill contained a provision (sec. 449) that
authorizes NIST to issue up to 200 personal services contracts
per year to procure the temporary or intermittent services of
scientific and technical experts and consultants. The authority
expires in 2010.
The Senate amendment contained no similar provision.
The Senate recedes.
MALCOLM BALDRIGE AWARDS (SEC. 3010)
The House bill contained a provision (sec. 450) that
raises to 18 the limit on the number of annual awards under the
Malcolm Baldrige National Quality Award Program and removes
category restrictions.
The Senate amendment contained no similar provision.
The Senate recedes.
REPORT ON NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY EFFORTS TO
RECRUIT AND RETAIN EARLY CAREER SCIENCE AND ENGINEERING RESEARCHERS
(SEC. 3011)
The House bill contained a provision (sec. 208) that
requires the Director of NIST to report on efforts to recruit
and retain young scientists and engineers at the early stages
of their careers.
The Senate amendment contained no similar provision.
The Senate recedes.
TECHNOLOGY INNOVATION PROGRAM (SEC. 3012)
The House bill contained a provision (sec. 424) that
repeals the existing Advanced Technology Program (ATP) statute
and creates the Technology Innovation Program (TIP). The
purpose of TIP is to assist businesses and universities to
accelerate the development of high-risk technologies that will
have broad-based economic impact. The TIP will make awards to
either small- or medium-sized businesses or joint ventures.
Awards made to single companies can be for no more than $3
million over three years. Awards made to joint ventures may not
exceed $9 million over five years. (A joint venture includes
either two separately owned for-profit companies with the lead
being a small- or medium-sized business, or at least one small-
or medium-sized business and one institution of higher
education.) The Federal share of a project shall not exceed 50
percent. To participate in the TIP an eligible company must be
majority owned by U.S. citizens or owned by a parent company
incorporated in another country provided that the company's
participation is in U.S. economic interests. The provision
establishes minimum criteria for the selection of awards based
upon scientific and technological merit, the project's
potential for benefits that extend beyond direct return to the
applicant, the applicant's ability to manage the award
successfully and an explanation of why TIP support is
necessary. In the case of joint ventures, language is included
to ensure that intellectual property is to vest in any
participant as agreed to by the joint venture participants. The
provision requires the TIP to continue funding awards made
under the prior Advanced Technology Program, requires the
Director to coordinate with other Federal agencies to ensure
there is no duplication of efforts, and allows the TIP to
accept funds from other Federal agencies. An Advisory board is
established to provide independent advice on TIP operations and
planning.
The Senate amendment contained no similar provision.
The Conferees agree to accept a modified version of the
House provision. The modifications clarify that the focus of
the program is to support, promote, and accelerate innovation
in the United States through high-risk, high-reward research in
areas of critical national need, and establish that large
companies may not receive any TIP funding. The modified version
also includes a list of award criteria requiring the applicant
to: establish 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; provide evidence that the
research will not be conducted within a reasonable time period
without TIP assistance; demonstrate that reasonable efforts
were made by the applicant to secure funding from alternative
sources and that no other alternative funding sources were
reasonably available; and demonstrate that other entities have
not already developed, commercialized, marketed, distributed or
sold similar technologies. In addition, the Director shall
transmit to Congress an annual report on the program's
activities. The TIP may accept funds from other Federal
agencies, and these funds will be included as part of the
Federal cost share of any TIP project. The section also
provides a definition of ``high-risk, high-reward research.''
TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY ACT AND OTHER TECHNICAL AMENDMENTS (SEC. 3013)
The House bill contained several provisions (sec. 425,
442, 443, 445, 446, 447, and 448) that make technical
amendments to the NIST Act. These provisions: raise the
limitation on the amount NIST can spend on research fellowships
from 1 percent to 1.5 percent of the total appropriations;
authorize NIST to enter into grants and cooperative agreements
in addition to its current authority to enter into contracts
and cooperative research and development agreements; authorize
NIST to transfer up to 0.25 percent of its total
appropriations, and any funds from other agencies given to NIST
to produce Standard Reference Materials, into the Working
Capital Fund; repeal an outdated statute requiring the NIST
Director to establish a program to evaluate non-energy
inventions; clarify in statute that the metric system used in
the U.S. is the modern system of metric measurement units;
eliminate archaic, special-case language related to the
definition of units of electrical and light measurement; and
specify that standard time in the U.S. is Coordinated Universal
Time and fix technical problems in statute with the time zone
definitions.
The Senate amendment contained a provision (sec. 1406)
that makes technical amendments to the NIST Act as requested in
previous years by the President. These provisions: eliminate
the limitation on the amount NIST can spend on research
fellowships; authorize NIST to enter in grants and cooperative
agreements in addition to its current authority to enter in
contracts and cooperative research and development agreements;
authorize NIST to purchase memberships in scientific
organizations and pay registration fees for NIST employees'
attendance at conferences; clarify in statute that the metric
system used in the U.S. is the modern system of metric
measurement units; eliminate archaic, special-case language
related to the definition of units of electrical and light
measurement; specify that standard time in the U.S. is
Coordinated Universal Time and fix technical problems in
statute with the time zone definitions; and repeal an outdated
statute requiring the NIST Director to establish a program to
evaluate non-energy inventions.
The Senate recedes to sec 425 of the House bill.
The Conferees agree to include all House and Senate
provisions, except the Working Capital Fund Transfers (sec. 443
of the House bill) and the authorization for NIST to purchase
memberships in scientific organizations and pay registration
fees for NIST employees' attendance at conferences (sec.
1406(b)(2) of the Senate amendment).
RETENTION OF DEPRECIATION SURCHARGE (SEC. 3014)
The House bill contained a provision (sec. 444) that
allows NIST to retain the building use and depreciation
surcharge fees that are charged by the General Services
Administration.
The Senate amendment contained no similar provision.
The Senate recedes.
POST-DOCTORAL FELLOWS (SEC. 3015)
The House bill contained a provision (sec. 441) that
raises the cap on the number of post-doctoral fellows that NIST
can accept each year from 60 to 120.
The Senate amendment contained no similar provision.
The Senate recedes.
Innovation acceleration
The Senate amendment contained a provision (sec. 1403)
that establishes an Innovation Acceleration grants program at
NIST to be known as the ``Standards and Technology Acceleration
Research Program.'' The purpose of the program is to support
and promote innovation in the United States through high-risk,
high-reward research. No less than 8 percent of the funds
available to NIST are for this program, and they shall be taken
from the funds available to NIST for Laboratory Activities. At
least 80 percent of the funds available to the program shall be
used to award competitive, merit-reviewed grants, cooperative
agreements or contracts to public or private entities,
including businesses and universities. The Director is required
to ensure that any resulting intellectual property from awards
under the program shall vest in a United States entity that can
commercialize the technology in a timely manner. Each funded
project would be required to have a least one small- or medium-
sized business and would receive priority when educational
institutions are involved. The Director is required to solicit
proposals annually to address areas of national need for high-
risk, high-reward research. ``High-risk, high-reward research''
is defined as research that: (1) has the potential for yielding
results with far-ranging or wide-ranging implications, (2)
addresses critical national needs related to measurement
standards and technology, and (3) is too novel or too
interdisciplinary to fare well in the traditional peer-review
process.
The House bill contained no similar provision.
The Senate recedes.
Manufacturing research database
The House bill contained a provision (sec. 429) that
requires NIST to establish a manufacturing research database to
enable private sector individuals and Federal officials to
access a broad range of information on manufacturing research
supported by Federal funding. NIST may charge a nominal fee for
use of the database. This section authorizes $2 million for
these activities.
The Senate amendment contained no similar provision.
The House recedes.
TITLE IV--OCEAN AND ATMOSPHERIC PROGRAMS
OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT PROGRAM (SEC. 4001)
The Senate amendment contained a provision (sec. 1501)
that directs the Administrator of NOAA, in consultation with
the NASA and the NSF, to establish a coordinated program of
ocean, coastal, Great Lakes, and atmospheric research, in
collaboration with academic and nongovernmental entities, that
is focused on the development of advanced technologies and
analytic methods to promote U.S. leadership in ocean and
atmospheric science and competitiveness in the uses of such
knowledge.
The House bill contains no similar provision.
The House recedes.
NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS (SEC. 4002)
The Senate amendment contained a provision (sec. 1502)
that directs the Administrator of NOAA to develop, conduct, and
coordinate education activities, built upon existing NOAA
programs, to increase public awareness of ocean, coastal, Great
Lakes, and atmospheric science and stewardship. The
Administrator of NOAA is also directed to develop a science
education plan for the next twenty years and evaluate and
update the education plan every five years thereafter.
The House bill contains no similar provision.
The House recedes.
NOAA'S CONTRIBUTION TO INNOVATION (SEC. 4003)
The Senate amendment contained a provision (sec. 1503)
that directs that NOAA is to be a full participant in
interagency efforts to promote innovation and economic
competitiveness, consistent with the agency mission.
The House contains no similar provision.
The House recedes.
TITLE V--DEPARTMENT OF ENERGY
MATHEMATICS, SCIENCE AND ENGINEERING EDUCATION AT THE DEPARTMENT OF
ENERGY (SEC. 5003)
The Senate amendment (section 2003) contained a provision
that would amend the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381a) to establish a Director of
Mathematics, Science and Engineering Education, reporting to
the Undersecretary of Science. The Director would be
responsible for coordinating Mathematics, Science and
Engineering Education across the Department of Energy;
preparing unified budgets; and acting as the interagency
liaison for this area. The Secretary is directed to establish a
separate fund to which 0.3 percent of funds made available to
the Department for research, development, demonstration and
commercial application activities for each fiscal year are made
available to carry out activities authorized in this Act.
The House bill contained no similar provision.
The House recedes to the Senate with an amendment
requiring along with the Department's annual budget proposal a
description of how funds were spent from this fund in the prior
fiscal year and a proposal for how they will be spent in the
fiscal year of the budget proposal.
PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR MATHEMATICS AND
SCIENCE (SEC. 5003, CHPT. 1)
The Senate amendment contained a provision to establish a
competitive grant program to assist States in establishing or
expanding public, statewide specialty schools that provide
comprehensive mathematics, science, engineering and technology
education. The provision authorized scientific and engineering
staff of the National Laboratories to assist in teaching
courses in statewide specialty schools in mathematics and
science education, and to use National Laboratory scientific
equipment in the teaching of courses. The Federal share of the
costs of establishing or expanding public statewide specialty
schools for mathematics and science would not exceed 50
percent. The Senate amendment provided $140 million over 4
years for these schools.
The House bill contained no similar provision.
The House recedes with an amendment authorizing a 3-year
pilot program; setting a cap on the award amount and duration
for each State; reducing the Federal share; clarifying the
required uses of funds; and reducing the total authorization to
$66.5 million over fiscal years 2008 through 2010.
The conferees intend for all 50 states to be eligible to
participate in the pilot program, and that schools serve
students residing in the State where the school is located and
offer a high quality comprehensive math, science, engineering
and technology curriculum designed to improve academic
achievement in those areas. The conferees intend for the
specialty schools to integrate parental involvement into
curricula.
EXPERIENTIAL-BASED LEARNING OPPORTUNITIES (SEC. 5003, CHPT. 2)
The Senate amendment contained a provision to establish
summer internships, including internships at the National
Laboratories, for middle and high school students to promote
experiential, hands-on learning in math and science. The Senate
amendment provided $60 million over 4 years for these
internships.
The House bill contained no similar provision.
The House recedes with an amendment to reduce the total
authorization to $22.5 million over fiscal years 2008 through
2010.
The conferees do not intend for this provision to
override any policies of the Department as they pertain to
liability concerns with hosting minors onsite at the National
Laboratories.
NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, TECHNOLOGY,
ENGINEERING AND MATHEMATICS EDUCATION (SEC. 5003, CHPT. 3)
The Senate amendment contained a provision to establish a
program at each of the National Laboratories to support a
Center of Excellence in Mathematics and Science at one high
need public secondary school located in the region of the
National Laboratory.
The House bill contained no similar provision.
The House recedes with an amendment providing the
National Laboratories flexibility to designate more than 1
high-need school in the region as a Center of Excellence;
clarifying the eligibility requirement for partnerships with
institutions of higher education; and permitting nonprofit
entities to participate in the partnerships.
The conferees intend for the institutions of higher
education and any nonprofit partners in this program to have
long-standing expertise in teacher training, including pre-
service preparation and postgraduate professional development
of teachers and other school personnel. In addition, the
conferees intend that the schools and students throughout the
region benefit from the Centers of Excellence through the
distribution of best practices and teacher training at the
Centers.
SUMMER INSTITUTES (SEC. 5003, CHPT. 4)
The Senate amendment contained a provision to establish
programs of summer institutes, at both the National
Laboratories and at eligible partner institutions, including
universities and certain nonprofits, to strengthen the teaching
skills of K-12 math and science teachers. The provision gave
priority to the establishment of summer institutes that provide
training to teachers from a wide range of high need school
districts. The Senate amendment provided $190 million over 4
years for these institutes.
The House bill contained no similar provision.
The House recedes with an amendment clarifying the
definitions of ``eligible partner'' and ``summer institute'';
establishing selection criteria for eligible partners;
clarifying the assistance provided by the National Laboratories
to the eligible partners; specifying the required and allowable
uses of funds under this program; and reducing the total
authorization to $60 million over fiscal years 2008 through
2010.
The conferees intend for this provision to create two
programs. The first program would provide funds to the National
Laboratories to establish or expand existing summer institutes
on-site. The conferees encourage the National Laboratories to
leverage the federal contribution by continuing to solicit
state and local government support along with that of the
private sector for these summer institutes. The second program
would allow National Laboratory resources, including staff and
equipment, to be used to assist eligible partner institutions
seeking to establish or expand their own summer institutes.
Provision of such assistance may require travel and other
expenditures by the National Laboratories. However, the
conferees do not intend for any of the funds authorized under
this program to be made available directly to eligible partners
but that funds shall be made available through the National
Laboratories to the eligible partner for the costs associated
with hosting an institute provided that the Department of
Energy shall ensure adequate oversight of such funds. It is the
intent of the conferees that the National Laboratory seek
partnerships in which the National Laboratory contributes
unique expertise and resources. Under the definition of
eligible partners the conferees intend for the institution of
higher education that provides training for teachers and
principals to have strong and longstanding expertise in teacher
training, including pre-service preparation and postgraduate
professional development for teachers and other school
personnel.
NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR INSTITUTIONS OF HIGHER
EDUCATION (SEC. 5004) AND HYDROCARBON SYSTEMS SCIENCE TALENT EXPANSION
PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION (SEC. 5005)
The Senate bill contained a provision, Section 2003,
Chapter 5 that would create a program of grants to institutions
of higher education to create or expand research and education
programs in nuclear science. The Senate provision placed the
authority for this program under the newly created Director of
Mathematics, Science and Engineering Education, a position
reporting to the Undersecretary for Science. The Senate bill
provided $139.5 million over 4 years for these grants.
The House bill contained no similar provision.
The House recedes with an amendment removing this program
from the authority of the newly created Director and elevating
it to the level of the Secretary; giving the Secretary more
flexibility in determining the duration of grants; creating an
additional program for hydrocarbon systems sciences; and
reducing the overall authorizations for the program.
The conferees believe that the Office of Science and the
Office of Nuclear Energy have distinct roles in supporting
nuclear science research and education. Accordingly, the
conferees do not intend the new program created in this
provision to be a replacement for the existing University
Nuclear Science and Engineering Support program authorized in
Sec. 954 of the Energy Policy Act of 2005 (EPACT). In
particular, the conferees believe that the Office of Nuclear
Energy has the responsibility to support university research
and training reactors and associated infrastructure, as
described in subsection (d) of Sec. 954. In addition, while
nuclear sciences has been defined broadly in Sec. 5004 to
include a range of fields with varying degrees of relevance to
the nuclear energy mission of the Department, it is the intent
of the conferees that the Office of Nuclear Energy maintain its
primary responsibility for supporting research and human
infrastructure development in areas identified by the Secretary
as critical to the near term nuclear energy mission. Such
support may be in the form of fellowships or research grants as
authorized in Sec. 954 of EPACT, or in the form of
institutional grants authorized under this Act. The conferees
believe that the Office of Science should participate in the
new program only in support of basic sciences, which may
include fields like separations chemistry that are relevant to
the long-term nuclear energy research plan. The conferees
encourage the Secretary to allocate responsibilities under this
provision accordingly.
The conferees intend for the program of grants to
institutions of higher education to create or expand research
and education programs in hydrocarbon systems science
authorized in Section 5005 to begin to address the decline in
resources dedicated to hydrocarbons systems science education
at institutions of higher education and bolster the number of
graduates with degrees in hydrocarbon systems science. The
conferees believe that increasing hydrocarbon systems science
programs at institutions of higher education will rebuild the
science and engineering capabilities of the nation in this
critical energy sector. Programs to educate and create
graduates of hydrocarbon systems science are needed to replace
forecasted workforce shortages in this area due to retirements
of aging hydrocarbon systems science professionals. The
conferees seek to address this workforce challenge in the
nation's energy industry.
EARLY CAREER GRANTS (SEC. 5006)
The House bill contained a provision (section 203) to
award grants to scientists and engineers at the early stage of
their careers in academia or in nonprofit, non-degree granting
research organizations to conduct research in fields relevant
to the mission of the Department, giving priority to grants
expanding energy production and use through coal-to-liquids
technology and advanced nuclear reprocessing. The grants
provide 5 years of research funding support at a minimum of $80
thousand per year per award and are based upon merit.
The Senate amendment contained a similar provision
(section 2004) to award early career grants of not more than
$100 thousand annually for up to 5 years to scientists and
engineers within 10 years of completing their doctorate,
particularly at National Laboratories or other federally funded
research and development centers.
The Senate recedes to the House provision with an
amendment expanding eligibility for early career awards to
include scientists at the National Laboratories; requiring an
award ceiling of $125 thousand per year; [and striking the
priority given to coal-to-liquids technology and advanced
nuclear reprocessing.]
OFFICE OF SCIENCE AUTHORIZATION (SEC. 5007)
The Senate amendment contained a provision (section 2006)
that amended section 971(b) of the Energy Policy Act (42 U.S.C.
16311(B)) by lowering the authorization for the Office of
Science in fiscal year 2009 from $5.2 billion to $4.8 billion
and extending the authorization out to fiscal year 2010 to
$4.945 billion and fiscal year 2011 to $5.265 billion
consistent with the President's American Competitiveness
Initiative.
The House bill contained no similar provision.
The House recedes to the Senate with an amendment that
retains the authorization levels for the Office of Science
found in the Energy Policy Act of 2005 and adds an additional
year of authorization in Fiscal Year 2010, increasing it to
$5.814 billion.
DISCOVERY SCIENCE INSTITUTES (SEC. 5008)
The Senate amendment contained a provision (section 2007)
to select, based upon merit, 3 multidisciplinary institutes
centered at National Laboratories to apply fundamental science
and engineering discoveries to technological innovations
related to missions of the Department and the global
competitiveness of the United States. The institutes would
partner with institutions of higher education to train
engineering students and work with private industry, state and
local governments and financing entities, such as venture
capital funds, to transition innovative technologies from the
institutes to the private sector.
The House bill contained no similar provision.
The House recedes with an amendment striking the
partnership with state and local governments as well as
financing entities and limiting the funding of any one
institute to three years in duration.
PROTECTING AMERICA'S COMPETITIVE EDGE FELLOWSHIPS (SEC. 5009)
The Senate amendment contained a provision (section 2008)
that would award competitive, merit-based, portable fellowships
not exceeding 5 years in duration to students pursuing a Ph.D.
at an institution of higher education in a field relevant to
the mission of the Department. Selection criteria included that
the applicants be in the upper 10 percent of their class.
Funding was authorized based on a fellowship of $40 thousand--
$50 thousand per year, including a stipend, tuition and
incidentals. The enumerated authorizations were to fund in
fiscal year 2008 200 fellowships, increasing in fiscal year
2011 to 700 fellowships. A limit on a fee for a third party
administrator was placed on the program to approximately 10
percent of the fellowship program.
The House bill contained no similar provision.
The House recedes with an amendment limiting the duration
of the fellowship to 3 years within a 5 year period;
eliminating the criterion that applicants be in the upper 10
percent of their class; removing the cap on administrative
fees; and reducing the total authorization for the program such
that the number of fellowships available is approximately 160
in fiscal year 2008 (assuming the same fellowship amount as
above), increasing to approximately 430 in fiscal year 2010.
SENSE OF CONGRESS REGARDING CERTAIN RECOMMENDATIONS AND REVIEWS (SEC.
5010)
The Senate amendment contained a provision (section 2009)
requiring the Secretary of Energy to implement the
recommendations of Government Accountability Report number 04-
639 and annually conduct compliance reviews of at least 2
recipients of Department grants in order to comply with Title
IX of the Education Amendments of 1972.
The House bill contained no similar provision.
The House recedes with an amendment expressing a Sense of
Congress that the Department comply with the recommendations of
GAO report 04-639 and annually conduct reviews in accordance
with Title IX of at least 2 grant recipients.
DISTINGUISHED SCIENTIST PROGRAM (SEC. 5011)
The Senate amendment contained a provision (section 2011)
to establish a program to support the joint appointment of
distinguished scientists by institutions of higher education
and National Laboratories. The provision authorized $30 million
in fiscal year 2008 to support 30 appointments, increasing to
$100 million in fiscal year 2010 and 2011 to support 100
appointments at $1 million each, with a requirement for a $1
million cost-match by the institution of higher education.
The House bill contained no similar provision.
The House recedes with an amendment reducing the total
authorization level to $65 million over fiscal years 2008
through 2010.
It is the intent of the conferees that the amounts
authorized for each of fiscal years 2008 through 2010 support
appointments at approximately $1 million with an equal or
greater cost-match by the institution of higher education.
ADVANCED RESEARCH PROJECTS AGENCY--ENERGY (SEC. 5012)
The Senate amendment contained a provision (section 2005)
that establishes an Advanced Research Projects Authority--
Energy, enabling the Secretary acting through a Director to
fund projects to overcome long-term and high-risk technological
barriers to the development of energy technologies.
Authorization of the authority was established based on such
sum as necessary to carry out this section for Fiscal Years
2008 through 2011. An authorization for ARPA-E was previously
contained in Senate bill S. 2197 in the 109th Congress at $250
million annually for Fiscal Years 2008 through 2011.
The House bill contained no such provision.
The House recedes with an amendment that establishes an
Advanced Research Projects Agency--Energy, or ARPA-E, whose
purpose is to fund collaborative research and development to
overcome long-term or high-risk technological barriers in
energy technologies that industry by itself will not undertake
because of technical and financial uncertainty. ARPA-E is to be
headed by a Director nominated by the President and confirmed
by the Senate. The conferees expect the President to appoint an
acting Director who shall have the full authority allowed to
the Director under this Act, to serve from the time ARPA-E is
established until the Senate acts to confirm a Director.
Similar to the Defense Advanced Research Projects Agency the
Director is to establish and monitor project milestones,
initiate research projects quickly, and just as quickly
terminate or restructure projects if such milestones are not
achieved. The Director is to utilize the existing authorities
granted to the Department of Energy by Congress to fund
projects. Projects should be conducted through teams that
utilize the talent, resources and facilities found in the
nation's universities, National Laboratories and the private
sector. In the case of awards to consortia that include one or
more of the National Laboratories, the conferees intend that
the unique, taxpayer-funded resources and facilities of the
National Laboratories be used to complement the abilities of
companies, nonprofits, institutions of higher learning, or
other participants in the consortia. The Director is given
hiring authority to hire 70 to 120 scientific, engineering
personnel to act as program managers without regard to civil
service laws to quickly offer competitive salaries rivaling
those of industry. Use of this hiring authority is limited to a
3 year appointment which may be extended. This ensures that
technical program managers pass through ARPA-E with the intent
of executing technically challenging projects during their
tenure, while circulating new talent and ideas through ARPA-E.
A fund is established in the United States Treasury without
fiscal year limitation, for ARPA-E, to be included as a
separate line item in the annual budget request to the
Congress. Likewise, with this separate fund it is the intent
that ARPA-E should be a semi-autonomous agency outside the
Department of Energy bureaucracy, able to react quickly to the
most challenging energy problems in the 21st century to reduce
foreign imports of energy, develop revolutionary energy
efficient and low-emitting technologies, and ensure the United
States leads the world in energy technology competitiveness.
The conferees intend that funding for ARPA-E be provided
through the same appropriations process and subcommittee
consideration used for other semi-autonomous agencies of the
Department at the time of enactment of this Act. It is the
strong intent of the conferees that ARPA-E should not be
established at the expense of on-going programs at the
Department of Energy. In particular, the conferees intend that
ARPA-E be funded to the full extent practicable provided that
the Office of Science, the National Nuclear Security Agency
(NNSA), and laboratory directed research and development (LDRD)
at the National Laboratories maintain the funding levels they
would have received in the absence of ARPA-E. In this regard,
the provision contains language specifying that no funds for
ARPA-E shall be appropriated unless the appropriation for the
Office of Science increases by inflation over Fiscal Year 2007.
Authorization of appropriations for ARPA-E is established in FY
2008 at $300 million and such sums thereafter for fiscal years
2009 and 2010.
Provisions deleted
High-Risk, High Reward Research
The Senate amendment contained a provision (section 2010)
that required the Secretary of Energy and the Director of the
United States Geological Survey to establish a grant program to
conduct high-risk, high-reward research.
The House bill contained no similar provision.
The Senate recedes to the House.
FINAL STATEMENT OF MANAGERS FOR TITLE VI--EDUCATION
FINDINGS OF CONGRESS (SEC. 6001)
The Senate amendment included findings regarding the
importance of improving education to ensure that the nation
remains competitive in the global economy.
The House bill had no similar provision.
The House recedes.
DEFINITIONS (SEC. 6002)
The Senate amendment provided that, unless otherwise
specified, all terms used in the division have the same
meanings given in section 9101 of the Elementary and Secondary
Education Act. It also defined critical foreign languages and
the Secretary.
The House bill had no similar provision.
The House recedes.
Subtitle A--Teacher Assistance
Part I--Teachers for a Competitive Tomorrow
PURPOSE (SEC. 6111)
The Senate amendment stated that the purposes of this
Part were: to develop and implement programs to provide
integrated courses of study in mathematics, science,
engineering, or critical foreign languages, and teacher
education that lead to a baccalaureate degree with concurrent
teacher certification; to develop and implement master's degree
programs that enhance science, mathematics, technology, or
critical foreign language teachers' content knowledge and
pedagogical skills; and to develop master's degree programs in
education for professionals in science, mathematics or critical
foreign language fields to become teachers.
The House bill had no similar provision.
The House recedes with an amendment to clarify that
technology and engineering fields should be supported by the
programs in this Part.
DEFINITIONS (SEC. 6112)
The Senate amendment defined Children from Low-income
Families, Eligible Recipient, High-Need Local Educational
Agencies, Highly Qualified, Partnership, and Teaching Skills.
The House bill had no similar provision.
The House recedes with an amendment to clarify the
definition of teaching skills.
PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, TECHNOLOGY, ENGINEERING,
MATHEMATICS, OR CRITICAL FOREIGN LANGUAGES, WITH CONCURRENT TEACHER
CERTIFICATION (SEC. 6113)
The Senate amendment authorized competitive grants that
enable partnerships to develop and implement programs to
provide courses of study in mathematics, science, engineering,
or critical foreign language in ways that are integrated with
teacher education and that lead to a baccalaureate degree with
concurrent teacher certification.
The House bill had no similar provision.
The House recedes with an amendment to collect data on
the retention of program graduates, placing a priority on
applications with a focus on placing participants in high need
local educational agencies clarifying that technology programs
also should be supported and to include a rule of construction
maintaining compliance with section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
PROGRAMS FOR MASTER'S DEGREES IN SCIENCE, TECHNOLOGY, ENGINEERING,
MATHEMATICS, OR CRITICAL FOREIGN LANGUAGE (SEC. 6114)
The Senate amendment authorized competitive grants for
partnerships to develop and implement 2- or 3-year part-time
master's degree programs in mathematics, science, technology,
or critical foreign language education for current teachers to
improve their content knowledge and pedagogical skills, and
programs for professionals in mathematics, science,
engineering, or critical foreign languages that lead to 1-year
master's degree in teaching that results in teacher
certification. The partnerships consist of institutions of
higher education, departments of mathematics, engineering,
science or critical foreign languages, teacher preparation
programs and high-need local educational agencies and their
schools.
The House bill had no similar provision.
The House recedes with an amendment that technology and
engineering fields should be supported by both programs.
GENERAL PROVISIONS (SEC. 6115)
The Senate amendment includes provisions requiring the
programs under sections 6113 and 6114 to provide grants for
five years, require applicants to provide matching funds and
ensure that grants supplement existing state and federal
funding. The Secretary is also required to evaluate the
programs and provide an annual report to Congress.
The House bill had no similar provision.
The House recedes with an amendment to change House
Committee on Education and the Workforce to House Committee on
Education and Labor.
AUTHORIZATION OF APPROPRIATIONS (SEC. 6116)
The Senate amendment authorized $210,000,000 for fiscal
year 2008, and such sums as may be necessary for each of the 3
succeeding fiscal years, of which 57.1 percent will be
available to carry out section 3113 for fiscal year 2008 and
each succeeding fiscal year; and 42.9 percent will be available
to carry out section 3114 for fiscal year 2008 and each
succeeding fiscal year.
The House bill had no similar provision.
The House recedes with an amendment changing the amounts
authorize to $276 million for fiscal year 2008 and such sums
for the two succeeding years, with $151,200,000 for section
6113 and $125,000,000 for section 6114.
Part II--Advanced Placement and International Baccalaureate Programs
PURPOSE (SEC. 6121)
The Senate amendment stated that the purpose of the
section was to increase the number of students taking Advanced
Placement (AP) and International Baccalaureate (IB) classes and
to increase the number of students passing AP and IB tests, and
to increase the number of qualified AP and IB teachers serving
in high-need schools teaching mathematics, science, and
critical foreign languages.
The House bill had no similar provision.
The House recedes.
DEFINITIONS (SEC. 6122)
The Senate amendment defined Advanced Placement or
International Baccalaureate courses as courses of college-level
instruction provided to middle or secondary school students,
terminating in an examination administered by the College Board
or the International Baccalaureate Organization, or 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.
The House had no similar provision.
The House recedes with an amendment to update the
definition to include the additional program that may be
allowed and to strike the reference to middle school students
from the definition because such students are included in the
definition of ``secondary school'' students used in this bill.
ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS (SEC. 6123)
The Senate amendment authorized competitive grants to
expand access to AP and IB and pre-AP and pre-IB classes and to
increase the number of qualified AP and IB teachers in high-
need schools. The Senate amendment outlined allowable uses of
funds, terms of grants and application requirements. It also
authorized appropriations of $58,000,000 for fiscal year 2008
and such sums as may be necessary for each of the three
succeeding fiscal years.
The House had no similar provision.
The House recedes with an amendment to change the
reference to the House Committee on Education and the Workforce
to the House Committee on Education and Labor and to increase
the authorized appropriation to $65,000,000 for 2008 and such
sums for each of the next 2 succeeding fiscal years. The
amendment also places a priority on grant applications that
increase the number of students in high need schools who
participate in and pass IB and AP courses.
Part III--Promising Practices in Mathematics, Science, Technology, and
Engineering Teaching
PROMISING PRACTICES (SEC. 6131)
The Senate amendment authorized the Secretary of
Education to contract with the National Academy of Sciences to
convene a national panel within a year after the enactment of
this Act to identify promising practices in the teaching of
science, technology, engineering and mathematics in elementary
and secondary education. Scientists, practitioners, teachers,
principals, and representatives from entities with expertise in
education, mathematics, and science would participate in the
panel.
The House bill had no similar provision.
The House recedes with an amendment clarifying the
provision, including that promising practices identified under
this program should be grounded in scientifically valid
research as that term is defined in the Higher Education Act of
1965. The House amendment also authorizes appropriations of
$1,200,000 for fiscal year 2008.
Subtitle B--Mathematics
MATH NOW FOR ELEMENTARY SCHOOL AND MIDDLE SCHOOL STUDENTS PROGRAM (SEC.
6201)
The Senate amendment authorized a grant program to
improve instruction in elementary and middle school mathematics
and provided targeted help for students struggling with
mathematics to reach or exceed grade-level academic achievement
standards. Grants would be awarded to implement mathematics
instructional materials and interventions, provide professional
development activities, and monitor the progress of students in
mathematics. State educational agencies would be awarded grants
on a competitive basis to enable them to award grants to
eligible local educational agencies. Priority would be given to
applications for projects that would implement statewide
strategies for improving mathematics instruction and raising
the mathematics achievement of students, particularly those in
grades 4 through 8. The provision requires a match, but the
Secretary is given the authority to waive all or part of it in
cases of serious hardship. The section authorized $146,700,000
for fiscal year 2008, and such sums as may be necessary for
each of the three succeeding fiscal years.
The House bill had no similar provision.
The House recedes with an amendment to decrease the
duration of the grants from five years to three years and to
authorize $95,000,000 in fiscal year 2008 and such sums in the
succeeding two, not three, years. The amendment also requires
the Secretary of Education to establish a screening process to
ensure that those providing technical assistance to states and
school districts under this program do not have financial
interests in the products, activities or services that grant
recipients might purchase with grant funding.
SUMMER TERM EDUCATION PROGRAMS (SEC. 6202)
The Senate amendment authorized the Secretary of
Education to provide grants to support summer learning
opportunities for low income students in the fields of
mathematics, technology, and problem-solving to mitigate
learning losses experienced over the summer. The Senate bill
authorized such sums as may be necessary for fiscal years 2008
through 2012.
The House bill had no similar provision.
The House recedes with an amendment to authorize such
sums as may be necessary to carry out the program for 2008 and
each of the succeeding two succeeding fiscal years.
MATH SKILLS FOR SECONDARY SCHOOL STUDENTS (SEC. 6203)
The Senate amendment authorized the Secretary of
Education to provide grants supporting the following
activities: (1) assistance to State and local education
agencies in implementing research-based mathematics programs
for students in secondary schools; (2) improving the
instruction of mathematics programs based on best practices;
(3) providing targeted help to low-income students who are
struggling with mathematics; and (4) providing in-service
training to instructors to improve the teaching of mathematics
to students.
The House bill had no similar provision.
The House recedes with an amendment to decrease the
duration of the grants from a period of four years to a period
of three years and to authorize $95,000,000 for fiscal year
2008 and such sums for the succeeding two, not three, fiscal
years. The amendment also requires the Secretary of Education
to establish a screening process that would ensure that those
providing technical assistance to states and school districts
under this program do not have financial interests in the
products, activities or services that recipients could purchase
with grant funding.
PEER REVIEW OF STATE APPLICATIONS (SEC. 6204)
The Senate amendment banned conflict of interests for
those reviewing grant applications for the Math Now program
(sec. 3201).
The House bill had no similar provisions.
The House recedes with an amendment adding a section
prohibiting conflicts of interest and establishing a screening
process for identifying such conflicts under the Math Now and
Math Skills programs. The amendment requires the Secretary of
Education to establish peer review panels to review State
applications and further requires that the Secretary and the
Office of General Counsel establish a process for screening
reviewers to prevent conflicts arising from professional
connections to teaching methodologies, connections to state
programs, or financial interests. The amendment requires that
the review process be transparent and that reviewer's reports
be available to the public but not reveal any personally
identifiable information about the reviewer. However, State
educational agencies shall have the opportunity for direct
interaction with the review panel including the disclosure of
the identities of the reviewers.
Subtitle C--Foreign Language Partnership Program
FINDINGS AND PURPOSE (SEC. 6301)
The Senate amendment included findings regarding the
shortage of skilled professionals with higher levels of
proficiency in foreign language and the need to provide
language instruction at younger ages, starting in elementary
school and carrying through to postsecondary education. The
Senate amendment stated that the purpose of the subtitle was to
significantly increase both the opportunities to study critical
foreign languages programs and the number of students who
obtain the highest levels of foreign language proficiency.
The House bill had no similar provision.
The House recedes.
DEFINITIONS (SEC. 6302)
The Senate amendment contained definitions for eligible
recipient and superior level of proficiency.
The House bill had no similar provision.
The House recedes with an amendment to revise the
definition of the term `eligible entity' to mean 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 title.
PROGRAM AUTHORIZED (SEC. 6303)
The Senate amendment authorizes a competitive grant
program to enable institutions of higher education and local
educational agencies working in partnership to establish
articulated programs of study in critical foreign languages so
that students from elementary school through postsecondary
education can advance their knowledge successfully and achieve
higher levels of proficiency in a critical foreign language.
The House bill had no similar provision.
The House recedes with an amendment to change the
reference to the House Committee on Education and the Workforce
to the House Committee on Education and Labor. The amendment
also requires that the evaluation required by the Senate bill
identify best practices on teaching and learning of foreign
languages. The amendment also clarifies that 2 of the 5 years
of the grant duration may be used for planning and development.
AUTHORIZATION OF APPROPRIATIONS (SEC. 6304)
The Senate amendment authorizes $22,000,000 for fiscal
year 2008 and such sums as may be necessary for each of the
three succeeding fiscal years.
The House bill had no similar provision.
The House recedes with an amendment to authorize
$28,000,000 for fiscal year 2008 and such sums as may be
necessary for each of the succeeding two, not three, fiscal
years.
Subtitle D--Alignment of Education Programs
ALIGNMENT OF SECONDARY SCHOOL GRADUATION REQUIREMENTS WITH THE DEMANDS
OF 21ST CENTURY POSTSECONDARY ENDEAVORS AND SUPPORT FOR P-16 EDUCATION
DATA SYSTEMS (SEC. 6401)
The Senate amendment authorized the Secretary of
Education to award competitive grants to States to promote
better alignment of elementary and secondary education with the
knowledge and skills needed to succeed in academic credit-
bearing coursework in institutions of higher education, in the
21st century workforce and in the Armed Forces. The Senate
amendment also authorized competitive grants to support the
establishment or improvement of statewide P-16 educational
longitudinal data systems to assist States in improving the
rigor and quality of content knowledge requirements and
assessments, ensure that students are prepared to succeed in
postsecondary endeavors, and enable States to have valid and
reliable information to inform education policy and practice.
The Senate amendment authorized $100,000,000 for fiscal year
2008, and such sums as may be necessary for fiscal year 2009.
The House bill had no similar provision.
The House recedes with an amendment to add the
requirement that access to personally identifiable information
be limited by the provisions of the General Education
Provisions Act (20 USC 1232g) and to authorize $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
MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS (SEC. 6501)
The Senate amendment directed the Secretary of Education
to award grants of $50,000 to three elementary and three
secondary schools, each of which has a high concentration of
low income students, in each State whose students demonstrate
the largest improvement in mathematics and science.
The House bill had no similar provision.
The House recedes.
AUTHORIZATION OF APPROPRIATIONS (SEC. 6502)
The Senate amendment authorized such sums as may be
necessary for fiscal years 2008-2011 to carry out the
activities under Title V.
The House bill had no similar provision.
The House recedes with an amendment to authorize such
sums as may be necessary for fiscal year 2008 and each of the
two succeeding fiscal years.
TITLE VII--NATIONAL SCIENCE FOUNDATION
DEFINITIONS (SEC. 7001)
The House bill contained a provision (sec. 302) that
defined a number of terms used in this Title.
The Senate amendment contained no similar provision.
The Senate recedes with the addition of a definition for
the term basic research.
TOTAL AMOUNT AND LENGTH OF NSF AUTHORIZATION (SEC. 7002)
The House bill contained a provision authorizing total
appropriations for NSF as follows: $6.5 billion for FY 2008,
$6.98 billion for FY 2009, and $7.49 billion for FY 2010 (sec.
303).
The Senate amendment contained a provision authorizing
total appropriations as follows: $6.73 billion for FY 2008,
$7.74 billion for FY 2009, $8.9 billion for FY 2010, and $10.2
billion for FY 2011 (sec. 4001).
The Conference substitute provides $6.6 billion for FY
2008, $7.33 billion for FY 2009, and $8.13 billion for FY 2010,
which would place NSF on a path to achieve budget doubling in
approximately 7 years (sec. 7002).
The conferees intend that the rate of budget increase for
the education activities supported by NSF keep pace with the
rate of increase for the research activities for FY 2009 and
beyond.
RESEARCH AND RELATED ACTIVITIES (R&RA) AUTHORIZATION (SEC. 7002)
The House bill contained a provision authorizing
appropriations for Research and Related Activities (R&RA) as
follows: $5.08 billion for FY 2008, of which $115 million is
provided for Major Research Instrumentation (MRI); $5.46
billion for FY 2009, of which $123.1 million is provided for
MRI; and $5.86 billion for FY 2010, of which $131.7 million is
provided for MRI (sec. 303). In addition, the provision
required NSF to increase funding for Research Experiences for
Undergraduates (REU) in proportion to appropriations received
for R&RA (sec. 303(g)); and required NSF to allocate at least
3.5 percent of appropriations received for R&RA for the CAREER
program (sec. 202).
The Senate amendment contained no provision for
authorizing the overall R&RA budget. However, it contained
authorization amounts for specified programs: for the
Professional Science Master's program, it provided $15 million
for FY 2008, $18 million for FY 2009, and $20 million for each
of FY 2010 and FY 2011 (sec. 4004); for the EPSCoR program, it
provided $125 million for FY 2008 and provided for increases
above that amount in proportion to overall appropriations
increases in each year thereafter (sec. 4008); and for
communications technology research, it provided $45 million for
FY 2008, $50 million for FY 2009, $55 million for FY 2010, and
$60 million for FY 2011 (sec. 4011).
The Senate recedes on sections 303(g) and 202 with an
amendment to authorize specific amounts for REU and CAREER. The
Conference substitute (sec. 7002) provides the following
authorizations of appropriations for R&RA:
$5.156 billion for FY 2008, of which $115
million is provided for Major Research Instrumentation (MRI),
$165.4 million for early-career (CAREER) grants, $61.6 million
for Research Experiences for Undergraduates (REU), $120.0
million for Experimental Program to Stimulate Competitive
Research (EPSCoR), $47.3 million for the R&RA share of the
Integrated Graduate Education and Research Traineeship (IGERT)
program, $9.0 million for the R&RA share of the Graduate
Research Fellowship (GRF) program, and $10.0 million for the
Professional Science Masters (PSM) program.
$5.742 billion for FY 2009, of which $123.1
million is provided for MRI, $183.6 million for CAREER grants,
$68.4 million for REU, $133.2 million for EPSCoR, $52.5 million
for the R&RA share of IGERT, $10.0 million for the R&RA share
of GRF, and $12.0 million for PSM.
$6.401 billion for FY 2010, of which $131.7
million is provided for MRI, $203.8 million for CAREER grants,
$75.9 million for REU, $147.8 million for EPSCoR, $58.3 million
for the R&RA share of IGERT, $11.1 million for the R&RA share
of GRF, and $15.0 million for PSM.
SUMMARY OF R&RA AUTHORIZATIONS, IN MILLIONS OF DOLLARS
------------------------------------------------------------------------
FY08 FY09 FY10
------------------------------------------------------------------------
R&RA......................................... 5156 5742 6401
MRI.......................................... 115 123.1 131.7
CAREER....................................... 165.4 183.6 203.8
REU.......................................... 61.6 68.4 75.9
EPSCoR....................................... 120.0 133.2 147.8
IGERT........................................ 47.3 52.5 58.3
GRF.......................................... 9.0 10.0 11.1
PSM.......................................... 10.0 12.0 15.0
------------------------------------------------------------------------
EDUCATION AND HUMAN RESOURCES (EHR) AUTHORIZATION (SEC. 7002)
The House bill contained a provision authorizing
appropriations for Education and Human Resources (EHR) as
follows (sec. 303):
$873 million for FY08, of which $94 million was
provided for Math and Science Partnerships (MSP), $70 million
for the Noyce Scholarship Program (Noyce), $44 million for the
STEM Talent Expansion Program (STEP), and $51.6 million for the
Advanced Technological Education (ATE) program.
$934 million for FY09, of which $100.6 million
was provided for MSP, $101 million for Noyce, $55 million for
STEP, and $55.2 million for ATE.
$1.003 billion for FY10, of which $107.6 million
was provided for MSP, $133 million for Noyce, $60 million for
STEP, and $59.1 million for ATE.
In addition, the House bill required NSF to increase
funding for undergraduate education programs in proportion to
appropriations received for the entire Foundation (sec.
303(e)); and required NSF to support activities to create
informal educational materials relevant to global warming (sec
303(h)).
The Senate amendment contained a provision authorizing
$1050 million for EHR for FY08, with the rate of increase for
the three subsequent years equal to the rate of increase for
the entire Foundation (sec. 4002). It also authorized specific
amounts for the following programs:
For STEP, provided $40 million for FY08; $45
million for FY09, $50 million for FY10, and $55 million for
FY11 (sec. 4005);
For Noyce, provided $117 million for FY08, $130
million for FY09, $148 million for FY10, and $200 million for
FY11 (sec. 4012);
For the Teacher Institutes for the 21st Century,
provided $84 million for FY08, $94 million for FY09, $106
million for FY10, and $140 million for FY11 (sec. 4014)
The House recedes to the Senate on sections 303(e) and
(h). The Conference substitute provides (sec. 7002):
$896.0 million for FY 2008, of which $100.0
million is provided for MSP, $89.8 million for Noyce, $40.0
million for STEP, $52.0 million for ATE, $27.1 million for the
EHR share of the Integrated Graduate Education and Research
Traineeship (IGERT) program, and $96.6 million for the EHR
share of the Graduate Research Fellowship (GRF) program.
$995.0 million for FY 2009, of which $111.0
million is provided for MSP, $115.0 million for Noyce, $50.0
million for STEP, $57.7 million for ATE, $30.1 million for the
EHR share of the IGERT, and $107.2 million for the EHR share of
GRF.
$1.104 billion for FY 2010, of which $123.2
million is provided for MSP, $140.5 million for Noyce, $55.0
million for STEP, $64.0 million for ATE, $33.4 million for the
EHR share of the IGERT, and $119.0 million for the EHR share of
GRF.
The conferees intend that a significant proportion of the
appropriation for the Math and Science Partnerships be used to
support the Teacher Training Institutes for the 21st Century
(sec. 7029).
SUMMARY OF EHR AUTHORIZATIONS, IN MILLIONS OF DOLLARS
------------------------------------------------------------------------
FY08 FY09 FY10
------------------------------------------------------------------------
EHR.......................................... 896.0 995.0 1104.0
MSP.......................................... 100.0 111.0 123.2
Noyce........................................ 89.8 115.0 140.5
STEP......................................... 40.0 50.0 55.0
ATE.......................................... 52.0 57.7 64.0
IGERT........................................ 27.1 30.1 33.4
GRF.......................................... 96.6 107.2 119.0
------------------------------------------------------------------------
OTHER PROGRAMS AUTHORIZATIONS (SEC. 7002)
The House bill (sec. 303) contained a provision
authorizing appropriations for other accounts as follows:
For FY 2008, $245.0 million for Major Research
Equipment and Facilities Construction (MREFC), $285.6 million
for the Agency Operations & Award Management (AOAM), $4.05
million for the National Science Board (NSB), and $12.35
million for the Office of the Inspector General (IG).
For FY 2009, $262.0 million for MREFC, $309.8
million for the AOAM, $4.12 million for NSB, and $12.72 million
for the IG.
For FY 2010, $280.0 million for MREFC, $329.5
million for the AOAM, $4.25 million for NSB, and $13.1 million
for the IG.
The Senate amendment contained no similar provision.
The Conference Substitute provides (sec. 7002):
For FY 2008, $245.0 million for MREFC, $286.6
million for AOAM, $4.05 million for NSB, and $12.35 million for
the IG.
For FY 2009, $262.0 million for MREFC, $309.8
million for the AOAM, $4.19 million for NSB, and $12.75 million
for the IG.
For FY 2010, $280.0 million for MREFC, $329.5
million for the AOAM, $4.34 million for NSB, and $13.21 million
for the IG.
SUMMARY OF NSF AUTHORIZATIONS OTHER THAN R&RA OR EHR, IN MILLIONS OF
DOLLARS
------------------------------------------------------------------------
FY08 FY09 FY10
------------------------------------------------------------------------
MREFC........................................ 245.0 262.0 280.0
AOAM......................................... 285.6 309.8 329.5
NSB.......................................... 4.05 4.19 4.34
IG........................................... 12.35 12.75 13.21
------------------------------------------------------------------------
REAFFIRMATION OF THE MERIT-REVIEW PROCESS OF THE NATIONAL SCIENCE
FOUNDATION (SEC. 7003)
The House bill contained no provision.
The Senate amendment contained a provision clarifying
that the Act does not change NSF's merit-review system or peer
review process (sec. 4007).
The House recedes.
SENSE OF THE CONGRESS REGARDING THE MATHEMATICS AND SCIENCE PARTNERSHIP
PROGRAMS OF THE DEPARTMENT OF EDUCATION AND THE NATIONAL SCIENCE
FOUNDATION (SEC. 7004)
The House bill contained a provision expressing a sense
of the Congress that the Math and Science Partnerships programs
at NSF and the Department of Education are complementary and
not duplicative and that the two agencies should have ongoing
collaboration to ensure the two programs continue to work in
concert (sec. 319).
The Senate amendment contained a provision expressing a
sense of the Senate with language identical to the House
provision (sec. 4013).
The Senate recedes.
CURRICULA (SEC. 7005)
The House bill contained a provision clarifying that
nothing in the Act limits the authority of state or local
governments to determine curricula (sec. 124).
The Senate amendment contained no similar provision.
The Senate recedes.
CENTERS FOR RESEARCH ON LEARNING AND EDUCATION IMPROVEMENT (SEC. 7006)
The House bill contained a provision requiring NSF to
continue funding Centers for Research on Learning and Education
Improvement (sec. 304).
Senate amendment contained no similar provision.
The Senate recedes.
INTERDISCIPLINARY RESEARCH (SEC. 7007)
The House bill contained a provision requiring the
National Science Board to evaluate NSF's role and effectiveness
in supporting interdisciplinary research and to report to
Congress on its findings (sec. 305).
The Senate amendment contained no similar provision.
The Senate recedes.
POSTDOCTORAL RESEARCH FELLOWS (SEC. 7008)
The House bill contained a provision requiring all
research proposals that support postdoctoral researchers to
include a description of the mentoring activities that will be
provided and to require that this aspect of the proposal be
evaluated under NSF's ``broader impacts'' criterion (sec. 308).
It also required that the grant annual and final reports
describe the mentoring activities that were provided.
The Senate amendment contained no similar provision.
The Senate recedes.
RESPONSIBLE CONDUCT OF RESEARCH (SEC. 7009)
The House bill contained a provision requiring
institutions funded by NSF to provide training in the
responsible conduct of research to students participating in
research projects (sec. 309).
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees recognize that what constitutes
``appropriate training'' may not be the same for undergraduate
students as for graduate students or postdocs. The conferees
prefer to give NSF maximum flexibility in determining the full
range of activities that would constitute appropriate training;
however, the conferees do expect NSF to promptly develop and
provide written guidelines and/or templates for universities to
follow so that compliance can be verified by all parties. The
conferees intend for NSF, when developing guidelines, to
consider the financial impact that these measures will have on
institutions and seek to minimize such impacts accordingly.
REPORTING OF RESEARCH RESULTS (SEC. 7010)
The House bill contained a provision requiring NSF to
make available to the public in electronic form final project
reports and citations to NSF-funded research (sec. 310).
The Senate amendment contained no similar provision.
The Senate recedes.
The conferees intend for NSF to provide to the public a
readily accessible summary of the outcomes of NSF-sponsored
research projects. In addition to citations to journal
publications, the conferees intend for NSF to make available
research project summaries, not including any proprietary or
otherwise sensitive information.
SHARING RESEARCH RESULTS (SEC. 7011)
The House bill contained a provision making investigators
who fail to comply with existing NSF policy on sharing of
research results ineligible for future NSF awards until they
come into compliance (sec. 311).
The Senate amendment contained no similar provision.
The Senate recedes.
In deciding if and when to reinstate eligibility, the
conferees urge the Director to weigh heavily whether the
research results being requested were withheld deliberately and
were critical to a policy decision being made at the time of
the denied request.
FUNDING FOR SUCCESSFUL SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION PROGRAMS (SEC. 7012)
The House bill contained a provision authorizing NSF to
exempt from re-competition and renew for up to 3 years, with
the possibility of a second extension of 3 years, grants that
are for teacher professional development or that have the
primary purpose of increasing diversity in STEM fields. Such
grant extensions are to be based on the success of the project
in meeting the objectives of the initial grant proposal (sec.
312).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to allow only one
extension of a grant under this exemption for a total of 3
years beyond the initial period of support.
COST SHARING (SEC. 7013)
The House bill contained a provision requiring the
National Science Board to evaluate and report to Congress on
the impact of its ruling to eliminate all cost-sharing for
NSF's awards as it affects programs that involve industry
partnerships and historically have required industry cost
sharing (sec. 313).
The Senate amendment contained no similar provision.
The Senate recedes.
ADDITIONAL REPORTS (SEC. 7014)
The House bill contained a provision requiring the
National Science Board to report to Congress on options for
supporting the cost of detailed design for major research
facilities construction projects; requiring NSF to include
plans for polar research facilities in its annual facilities
report; requiring NSF to report on education programs carried
out through the research directorates' programs; requiring NSF
to report on the success rates and distribution of awards by
type of institution under the Research in Undergraduate
Institutions program; and requiring NSF to provide an annual
plan for all its STEM education activities (sec. 315).
The Senate amendment contained no similar provision.
The Senate recedes.
ADMINISTRATIVE AMENDMENTS (SEC. 7015)
The House bill contained a provision changing from annual
to triannual the Inspector General's audit requirement for
assessing the compliance of the National Science Board with the
Government in Sunshine Act; authorizing the NSB to employ
individuals in rotator positions; and authorizing up to 3
Waterman awards in any year (sec. 316).
The Senate amendment contained no similar provision.
The Senate recedes.
NATIONAL SCIENCE BOARD REPORTS (SEC. 7016)
The House bill contained a provision requiring certain
NSB reports to be submitted directly to Congress (sec. 317).
The Senate amendment contained no similar provision.
The Senate recedes.
PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 AMENDMENT (SEC. 7017)
The Senate amendment contained no provision.
The House bill contained no provision.
The Conferees agree to include a provision amending the
Program Fraud and Civil Remedies Act (PFCRA) to include NSF.
This provision will authorize the agency to recover funds and
assess penalties under PFCRA's provisions.
MEETING CRITICAL NATIONAL SCIENCE NEEDS (SEC. 7018)
The House bill contained no similar provision.
The Senate amendment contained a provision requiring NSF
to give priority in making research awards to proposals that
assist in meeting critical national needs by advancing physical
or natural science, technology, engineering, mathematics, or
national competitiveness or innovation and specifying that the
provision does not inhibit NSF's support for other areas of
research that are within the agency's mandate or change the
core mission of NSF (sec. 4006).
The House recedes with an amendment to add social
sciences to the list of priority areas for making research
awards and to add safety and security as areas of critical
national needs.
The conferees cite the National Academies ``Rising Above
the Gathering Storm Report'' on which this Act is based in
calling attention to the unique contribution of research in the
social sciences, which have ``increased understanding of the
nature of competent performance and the principles of knowledge
organization that underlie people's abilities to solve problems
in a wide variety of fields, including mathematics and
science.'' The conferees further agree with the statement in
the report that ``special investment in physical sciences,
engineering, mathematics and information sciences does not mean
that there should be a disinvestment in such important fields
as the life sciences or the social sciences.'' It is the intent
of the conferees to ensure support for research in areas that
will address the critical national needs identified in the
``Gathering Storm'' report. The conferees do not intend the
language contained in subsections (a) and (b) of this provision
to in any way devalue the contributions of other fields or to
signal any desire on the part of the conferees to disinvest in
any field currently supported by the Foundation, as is made
clear in subsection (c).
RESEARCH ON INNOVATION AND INVENTIVENESS (SEC. 7019)
The House bill contained a provision authorizing NSF to
support research on the process of innovation and the teaching
of inventiveness as part of its research programs on science
policy and the science of learning (sec. 207).
The Senate amendment contained no similar provision.
The Senate recedes.
CYBERINFRASTRUCTURE (SEC. 7020)
The House bill contained no similar provision.
The Senate amendment contained a provision requiring NSF
to develop a plan that describes the status of broadband access
for scientific research purposes for institutions in EPSCoR-
eligible jurisdictions (sec. 4010).
The House recedes with amendment to expand the report to
include all rural areas and minority-serving institutions.
PILOT PROGRAM OF GRANTS FOR NEW INVESTIGATORS (SEC. 7021)
The House bill contained a provision establishing a pilot
program of one-year seed grants for new investigators whose
research proposals are rated ``excellent'' or ``very good'' but
who are nevertheless not funded, specifying that grants are to
support the eligible individuals in generating additional data
and performing additional analysis to enable them to submit
strengthened proposals to NSF. The provision also required the
National Science Board to evaluate the program and report to
Congress within 3 years with any recommendations regarding the
pilot program (sec. 306).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment authorizing such
seed grants only for new investigators whose initial,
unsuccessful proposals are rated ``excellent'' and requiring
the Board's report to Congress to state explicitly whether the
pilot program should be continued or terminated.
BROADER IMPACTS MERIT REVIEW CRITERION (SEC. 7022)
The House bill contained a provision requiring NSF, in
applying its ``broader impacts'' criterion in evaluating
research proposals, to give special consideration to proposals
involving partnerships with industry and to encourage proposals
that involve partnerships with industry, including cost-sharing
by industrial partners (sec. 307).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment specifying that NSF
must consider as appropriate, among other types of possible
activities for meeting its broader impacts criterion, proposals
involving partnerships with industry and deleting language in
the House bill on encouraging proposals involving industry
partnerships.
The conferees affirm that the primary mission of NSF is
to support discovery research, research that asks questions
about how the world works before any particular problem or
application has been identified. In specifying that research
proposals involving partnerships with industry should be
considered as appropriate for meeting the requirements of the
``broader impacts'' proposal review criterion, the conferees do
not intend to de-value other appropriate activities, such as
promoting learning or broadening participation in STEM fields.
The conferees simply point out that industry interest and
involvement in proposed basic research projects is one
indication of the potential value of the research and may arise
in areas important to innovation and technological
competitiveness, such as nanotechnology or information
technology.
DONATIONS (SEC. 7023)
The House bill contained a provision authorizing NSF to
accept private funds for specific prize competitions (sec.
314).
The Senate amendment contained no similar provision.
The Senate recedes with amendment to ensure that prizes
are for ``basic research''.
HIGH-PERFORMANCE COMPUTING AND NETWORKING (SEC. 7024)
The House bill contained a provision amending the High-
Performance Computing Act of 1991 to clarify the program's
goals and content; to require a regularly updated plan for the
development and deployment of high-end computing systems; and
to reestablish a dedicated external advisory committee for the
interagency program and specify its responsibilities (sec. 501
and 502).
The Senate amendment contained a provision authorizing a
communications research grant program; establishing a board
within the NSF to oversee the research program; authorizing
university-based research centers; and authorizing
appropriations for the program (sec. 4011).
The conference agreement accepts the House amendments to
the 1991 Act with minor language changes. The Senate provision
is replaced with a requirement for the interagency program
carried out under the 1991 Act to support communications
research in areas designated by section 4011 and to report to
Congress annually on the funding allocated to these areas. NSF
is directed to increase funding for these research areas in
proportion to appropriations received for its research and
related activities account. The House recedes on the centers
program, and the Senate recedes on creation of the new board.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS TALENT EXPANSION
PROGRAM (SEC. 7025)
The House bill contained a provision amending the NSF
STEM Talent Expansion Program (STEP) to create centers for
improvement of undergraduate education in STEM fields,
specifying that centers may support activities to help train
faculty and graduate students to be more effective teachers and
to develop more effective educational materials and methods
targeted for undergraduate instruction (sec. 125).
The Senate amendment contained a provision amending the
STEP Program to establish outreach programs for middle and high
school students and teachers to expand their exposure to
engineering and technology; provide summer internships for STEM
undergraduate students; facilitate hiring of STEM faculty; and
provide programs that bridge the transition to college for
students from underrepresented groups (sec. 4005).
The conference agreement amends the STEP Program to
establish a grant program to create up to 5 centers for the
improvement of undergraduate STEM education. It also amends the
current program to make the changes included in the Senate
amendment, except the provision regarding hiring of faculty.
LABORATORY SCIENCE PILOT PROGRAM (SEC. 7026)
The House bill contained a provision establishing a
``Partnerships for Access to Laboratory Science'' (PALS)
program at NSF to determine how best to integrate laboratory
experiences with STEM classroom instruction in secondary
schools. The provision specified that the pilot program should
support teacher training, development of instructional
programs, and acquisition and maintenance of equipment. The
provision required a 50 percent cost-share from non-Federal
sources (sec. 128).
The Senate amendment contained a provision establishing a
program that is similar to that in the House bill, except that
it included a sunset provision that would terminate the program
after FY 2011 and required a 70 percent cost-share from non-
Federal sources (sec. 4015).
The Senate recedes with an amendment requiring a 60
percent cost-share from non-Federal sources and including a
provision to sunset the program after FY 2010.
STUDY ON LABORATORY EQUIPMENT DONATIONS FOR SCHOOLS (SEC. 7027)
The House bill contained a provision directing NSF to
report to Congress on the extent to which institutions of
higher education are donating used laboratory equipment to
schools (sec. 129).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to extend the study
on donations of equipment to include other private sector
entities.
MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS AMENDMENTS (SEC. 7028)
The House bill contained a provision amending the Math
and Science Partnerships program (sec. 121), authorizing the
development of master's degree programs for in-service
teachers, after school and summer programs, mentoring programs
for teachers and students involved in STEM college-preparatory
courses, and development of curriculum tools for teaching
innovation. The provision also amended the program by setting
award size limits and requiring the identification and
reporting of model projects ready for wider replication. An
additional provision required NSF to develop a master's degree
program for in-service teachers through the Math and Science
Partnerships program (sec. 123).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment striking the
authorization for the master's degree program for teachers, the
limits on award size, and the requirement for identification
and reporting of model programs. The House recedes on the
section 123 provision.
The conferees strongly support the creation of master's
degree programs for in-service teachers to improve content
knowledge in science, technology, engineering and mathematics
and include a provision to fund such programs in section 6114
of this bill.
NATIONAL SCIENCE FOUNDATION TEACHER INSTITUTES FOR THE 21ST CENTURY
(SEC. 7029)
The House bill contained a provision directing NSF to
establish a grant program to support teacher institutes and
authorizing grantees under the Teacher Institutes for the 21st
Century program to carry out summer teacher institutes (sec.
122).
The Senate amendment contained a provision authorizing
the Teacher Institutes for the 21st Century program at NSF to
provide professional development for math and science teachers
in high-need schools (sec. 4014).
The House recedes with an amendment to specify what
comprise ``high-need subjects'' and to clarify how priorities
are established for the institutes.
ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM (SEC. 7030)
The House bill contained a provision stating as a policy
objective the education of 10,000 highly qualified K-12
science, technology, engineering and mathematics (STEM)
teachers each year (sec. 113). The bill also amended and
expanded the NSF Noyce Teacher Scholarship Program as follows
(sec. 114): required collaboration between science and
education faculty to establish STEM teacher education programs,
required early classroom experiences for teachers in training,
increased scholarships and stipends to at least $10,000 per
year, and allowed for up to 3 years of scholarship support,
beginning with the sophomore year. Further, it replaced the
requirement for Noyce Scholars to serve their teaching
obligation in high-need schools with an incentive for teaching
in such schools; changed from 4 to 5 the number of years within
which Noyce Scholars must graduate with certification to teach;
and created a new partnership program for attracting STEM
professionals to teaching careers and provides for salary
supplements for such individuals, from non-Federal sources
through the partnership, during the period of their teaching
obligation.
The Senate amendment contained a provision amending and
expanding the NSF Noyce Teacher Scholarship Program in a way
similar to the House bill, except: it established NSF Teaching
Fellowships for attracting accomplished STEM professionals to
teaching and NSF Master Teaching Fellowships for creating
master teachers from among current exemplary STEM teachers
having master's degrees (in each case providing salary
supplements for the teaching obligation period); required a 50
percent cost share from non-Federal funds for all types of
Noyce awards; required that teaching obligations be served in
high-need schools; and limited scholarships to 2 years (sec.
4012).
The conference agreement amends and expands the Noyce
program: requires collaboration between science and education
faculty to establish STEM teacher education programs, requires
early classroom experiences for teachers in training, increases
scholarships and stipends to at least $10,000 per year, and
allows for up to 3 years of scholarship support, beginning with
the junior year. In addition it retains the requirement for
Noyce Scholars to serve their teaching obligation in high-need
schools; changes from 4 to 5 the number of years within which
Noyce Scholars must graduate with certification to teach; and
creates a new partnership program for attracting STEM
professionals to teaching careers (NSF Teaching Fellows) and
for preparing master teachers (NSF Master Teaching Fellows).
The agreement specifies that annual scholarship, stipend, and
fellowship awards may be granted on a pro-rated basis to
students in school part time and that scholarship and stipend
recipients' service obligation is based on the number of full
annual scholarships or stipends received, regardless of the
number of years over which such amounts are pro-rated. For the
two fellowship programs, the agreement requires 50 percent cost
sharing from non-federal sources and the provision for salary
supplements for fellows during the period of their teaching
obligation. The House recedes on the section 113 provision.
The agreement also clarifies the process for repayment in
the event that scholarship, stipend, or fellowship recipients
fail to maintain good status in the program or fail to meet
their service requirements. The conferees intend that the
Director consult with the Secretary of Education in developing
policies regarding the effective enforcement of the service
requirement under this section. The conferees note that the
changes made in the system of repayment collection are intended
to clarify such system but do not presume the creation of an
entirely new system of repayment collection.
The conferees anticipate that the Noyce program will grow
to become a major source of effective STEM teachers, which is
the reason for the large increases in authorizations of
appropriations provided for the program. The conferees have
required that teachers educated through the Noyce program carry
out their teaching obligations in high-need schools because
survey results have documented that such schools have the
highest percentages of poorly qualified STEM teachers on their
faculties. This requirement is appropriate during the period of
initial growth of the Noyce program but the conferees intend
for this national program to benefit all students. As the scale
of the program grows and the numbers of teachers educated under
the program increases substantially, the conferees expect this
policy to be reviewed in 2 years and when the program is next
reauthorized to ensure that all children have equal access to
high-quality teachers with strong subject matter knowledge.
The conferees note that eligibility for awards under the
Noyce program includes 2-year colleges and that such
institutions are specifically included among the institutions
that may form partnerships for carrying out the NSF Teaching
Fellowship and NSF Master Teaching Fellowship programs. The
conferees urge NSF, in soliciting applications for awards under
the Noyce program, to encourage participation by 2-year
institutions.
ENCOURAGING PARTICIPATION (SEC. 7031)
The House bill contained no similar provision.
The Senate amendment contained a provision establishing
at 2-year colleges a mentoring program to increase the
participation of women in STEM fields, including recruiting and
training of mentors.
The House recedes with an amendment to place the program
within the existing NSF Advanced Technological Education
program.
NATIONAL ACADEMY OF SCIENCES REPORT ON DIVERSITY IN SCIENCE,
TECHNOLOGY, ENGINEERING AND MATHEMATICS FIELDS (SEC. 7032)
The House bill contained a provision requiring NSF to
contract with the National Academy of Sciences (NAS) for a
report on barriers to and strategies for increasing the
participation of underrepresented minorities in STEM fields
(sec. 318).
The Senate amendment contained a provision with a similar
requirement as part of a study that the Office of Science and
Technology Policy is required to conduct through the NAS (sec.
1102).
The Senate recedes.
HISPANIC-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM (SEC. 7033)
The House bill contained a provision establishing a
program to improve STEM undergraduate education at Hispanic-
serving institutions through activities that may include
improved courses and curriculum, faculty development, and
support for research experiences for undergraduates (sec. 320).
The Senate amendment contained no similar provision.
The Senate recedes.
PROFESSIONAL SCIENCE MASTER'S DEGREE PROGRAMS (SEC. 7034)
The House bill contained no similar provision.
The Senate amendment contained a provision requiring NSF
to award grants to facilitate the creation or improvement of
Professional Science Master's degree programs at institutions
of higher education (sec. 4004).
The House recedes with an amendment that clarifies that
such programs may include linkages in the program between
institutions of higher education and industry and requires such
programs to describe how they will produce individuals for the
workforce in high need fields. The conferees intend that the
term ``high need fields'' take into account needs on a state,
regional and national basis.
SENSE OF CONGRESS ON COMMUNICATIONS TRAINING FOR SCIENTISTS (SEC. 7035)
The House bill contained a provision requiring NSF to
provide supplements, on a competitive, merit-reviewed basis, to
holders of IGERT grants to train graduate students in the
communication of the substance and importance of their research
to non-scientist audiences and to report to Congress on how the
funds are used (sec. 321).
The Senate amendment contained no similar provision.
The Senate recedes with an amendment to transform the
provision to a Sense of Congress statement that such
communications training should be part of the activities
carried out using IGERT grants. The report to Congress on how
IGERT grants are used for communications training is retained.
MAJOR RESEARCH INSTRUMENTATION (SEC. 7036)
The House bill contained a provision setting a minimum
and maximum award amount for major research instrumentation
(MRI) grants, specifying that MRI funds may be used for
operations and maintenance, and requiring cost-sharing by
grantees (sec. 303(d)).
The Senate amendment contained no similar provision.
The Senate recedes.
LIMIT ON PROPOSALS (SEC. 7037)
The House bill contained a provision requiring the
Director allow submission of a full proposal for each pre-
proposal that is determined to have merit and requiring a
review and assessment of Foundation policies regarding the
imposition of limitations on the number of proposals that may
be submitted by an institution of higher education.
The Senate amendment contained no similar provision.
The Senate recedes.
TITLE VIII--GENERAL PROVISIONS
COLLECTION OF DATA RELATING TO TRADE IN SERVICES (SECTION 8001)
The Senate amendment contained a provision (section 5001)
that established a five year program within the Bureau of
Economic Analysis to collect and study data relating to export
and import services.
The House bill contained no similar provision.
The House recedes to the Senate with an amendment that
would have the Secretary of Commerce acting through the
Director of the Bureau of Economic Analysis to prepare a report
to Congress, no later than January 31, 2008 on the feasibility,
cost and potential benefits of a program to collect and study
data relating to the export and import of services.
SENSE OF THE SENATE REGARDING SMALL BUSINESS GROWTH AND CAPITAL MARKETS
(SECTION 8002)
The Senate amendment contained a sense of the Senate
(section 5002) that Securities and Exchange Commission and the
Public Company Accounting Oversight Board should promulgate
final rules implementing section 404 of the Sarbanes Oxley Act
of 2002 (15 U.S.C. 7262).
The House bill contained no similar provision.
The House recedes to the Senate provision.
GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF ACTIVITIES, GRANTS AND
PROGRAMS (SECTION 8003)
The Senate amendment contained a provision (section 5003)
that required no later than 3 years after date of enactment
that the Comptroller General of the United States examine each
interim report submitted to the Congress under the Act and
assess or evaluate the effectiveness of the new or expanded
activities under the Act and include recommendations to improve
the effectiveness of activities under the Act including
termination.
The House bill contained no similar provision.
The House recedes to the Senate with an amendment that
selects a representative sample of new or expanded activities
required to be carried out under the Act and includes such
recommendations as the Comptroller General determines
appropriate to ensure effectiveness of, or improvements to the
programs and activities, including termination.
SENSE OF THE SENATE REGARDING ANTI-COMPETITIVE TAX POLICY (SECTION
8004)
The Senate amendment contained a provision (section 5004)
that notwithstanding any other provision of law, would prohibit
federal funds to any organization or entity that advocates
against tax competition or United States tax competitiveness.
The amendment notes that advocating for effective tax
information or advocating for effective tax transfer, and
advocating for income tax treaties is not considered to be
advocating against tax competition or the United States tax
competitiveness.
The House had no similar provision.
The House recedes to the Senate with an amendment that it
is a sense of the Senate that Federal funds should not be
provided to any organization or entity that advocates against
United States tax policy that is internationally competitive.
STUDY OF THE PROVISION OF ONLINE DEGREE PROGRAMS (SECTION 8005)
The Senate amendment contained a provision (section 5005)
that would require the Secretary of Commerce to enter into a
contract with the National Academy of Sciences to conduct a
feasibility study on creating a national, free online degree
program that would enable all individuals described under
section 484(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1091(a)(5)) who wish to pursue a degree in a field of
strategic importance to the United States and where expertise
is in demand such as mathematics, science and foreign
languages.
The House bill contained no similar provision.
The House recedes to the Senate with an amendment that
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, Secretary of Commerce and Congress
on the mechanisms and support needed for an institution of
higher education 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 and mathematics or foreign language
without using Federal funds including funds provided under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070).
SENSE OF THE SENATE REGARDING DEEMED EXPORTS (SECTION 8006)
The Senate amendment contained a sense of the Senate that
the Deemed Export Advisory Committee of the Department of
Commerce develop recommendations for improving current controls
on deemed exports and that the President and the Congress
should consider the recommendations of the Committee in
developing and implementing export control policies.
The House bill contained no similar provision.
The House recedes to the Senate provision.
ACCOUNTABILITY AND TRANSPARENCY OF ACTIVITIES AUTHORIZED BY THIS ACT
(SECTION 8008)
The Senate amendment contained a provision (section 1504)
that would have required the Inspector General of the
Department of Commerce to conduct routine independent, publicly
available reviews of activities carried out with grants and
other financial assistance made available by the Administrator
of the National Oceanic and Atmospheric Administration, NOAA.
The provision would have prohibited NOAA funds under a grant or
contract to be used by the person who receives the grant or
contract, including any subcontractor, for a banquet or
conference, other than a conference relating to the training or
a routine meeting with officers or employees of the
Administration to discuss an ongoing project. The provision
would also require that each person who receives funds from the
NOAA Administrator through a grant or contract shall submit to
the Administrator a certification stating that none of such
funds will be made available through a subcontract in any other
manner to another person who has a financial interest or other
conflict with the person who received such funds from the
Administrator.
The House bill contains no similar provision.
The House recedes with an amendment specifying that, 360
days after enactment of the Act, a grant or contract funded by
amounts authorized under the Act may not be used to defray the
costs of a banquet or conference not directly and
programmatically related to the purpose for which the grant or
contract was awarded where 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. The amendment also requires that any 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
previously disclosed and approved in the process of entering
into a contract or awarding a grant. The amendment does not
apply to sections 6201 and 6203 which contain separate conflict
of interest provisions.
From the Committee on Science and Technology,
for consideration of the House bill and the
Senate amendment, and modifications committed
to conference:
Bart Gordon,
Daniel Lipinski,
Brian Baird,
David Wu,
Nick Lampson,
Mark Udall,
Gabrielle Giffords,
Jerry McNerney,
Vernon J. Ehlers,
From the Committee on Education and Labor, for
consideration of Division C of the Senate
amendment, and modifications committed to
conference:
George Miller,
Rush Holt,
Managers on the Part of the House.
Jeff Bingaman,
Daniel K. Inouye,
Edward Kennedy,
Joseph Lieberman,
Barbara A. Mikulski,
John F. Kerry,
Bill Nelson,
Pete V. Domenici,
Ted Stevens,
Michael B. Enzi,
Lamar Alexander,
John Ensign,
Norm Coleman,
Managers on the Part of the Senate.
