[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2272 Enrolled Bill (ENR)]
H.R.2272
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To invest in innovation through research and development, and to improve
the competitiveness of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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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''.

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The table of contents of this Act is as follows:

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TITLE I

-OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT-WIDE

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TITLE II

-NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

support math and science education and competitiveness.

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TITLE III

-NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

efforts to recruit and retain early career science and
engineering researchers.

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and Technology Act and other technical amendments.

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TITLE V

-DEPARTMENT OF ENERGY

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engineering, and mathematics researchers.

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Subtitle A--Teacher Assistance
Part I--Teachers for a Competitive Tomorrow

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TITLE VI

-EDUCATION

engineering, mathematics, or critical foreign languages, with
concurrent teacher certification.

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engineering, mathematics, or critical foreign language
education.

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Part II--Advanced Placement and International Baccalaureate Programs

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

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Subtitle C--Foreign Language Partnership Program

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Subtitle D--Alignment of Education Programs

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the demands of 21st century postsecondary endeavors and
support for P-16 education data systems.
Subtitle E--Mathematics and Science Partnership Bonus Grants

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TITLE VII

-NATIONAL SCIENCE FOUNDATION

partnership programs of the Department of Education and the
National Science Foundation.

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technology, engineering, and mathematics fields.

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TITLE VIII

-GENERAL PROVISIONS

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(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).

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(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.

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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''.

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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).

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(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.

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(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.

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(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).

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(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.

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(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 polices and
procedures shall--
(1) specifically address what is and what is not permitted or
recommended under such policies and procedures;
(2) be specifically designed for each such agency;
(3) be applied uniformly throughout each such agency; and
(4) be widely communicated and readily accessible to all
employees of each such agency and the public.

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(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.

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(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).

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(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.

9eed97eef48fa345a5b506a1d37cc073e73ec360727b3d6d6919e51b032de743

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

d0920c161e75c55be042cfc0b24c68b73a78768ba44ce265275d783ffa9e87a9

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.

609daa1af736486252bd84b3a1e4456182bbbf316d0435bac95d38ef73b4b6cb

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.

18f472780245d1c750b50d2f8c3462743aadbc0711efa47399dffce5eb64c66d

(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.

f91b2401e5df1b8e3c46debbe500e2441e88c8517a1128c5b31137e32eaecef8

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,''.

8819b998480cac6bb90512de8624c1585f159144995a2fcbc398bb6bf01356c0

(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.''.

47932425440c30d8e5aec56a89745d15d71061f18285f11dd9cdea58ea05d9ef

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.''.

788f68816be2704039fa85c5674651985f6879d59e01a6ce32cb4e3d02e4a19c

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.''.

47019503e75879faaaebb99fb330b84e3be2fb8eda62937fc292c72cb91d9c08

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''.

229611d6f95830259b91d947dc7eea4ea850ab9fafff239b1d34ae470d85e431

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.''.

8790aff83419e0270347e72c316b692827ce96eadb2cd158c9ed02d51c4304c7

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.''.

81c10b7ed6995e392ca76c9a2aa1ec5f31bc3d4711bfd8b6f265dc1f9483b6ea

(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.

524efb60c3d0bf172533d7976f37760f67c3315c80fef5925eeb511b0d839da4

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.''.

20ce2699e0746b0a21db341dec9ac646f6ddd0b4c93291037297f4cc849854c3

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.

1ebf484b314a6474318faf80b0ac7f5e9ab4a9fa7026d9979005c416b8144317

(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.

a671c01f7838f85e4ae93c6f65c7f0277d016d327048f45da0b7b9fc3f10b4e0

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 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.

affcd54ef04e2a8cb9ad72f382d74d07d5f41b10d40c0905664be0381d2bd58d

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.''.

9335332983dff4c3f1e62b12e5800b4563d385f08190cb139b3f2b1eb984e8d6

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''.

8678271b9e6ea458379410c581cbd58d2abc21a2b6cb4eb56ba06c64ce8fa4f7

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.

b8db2a342e7fb5282d24b0dd11e50cff3d5eca6f378f8941bf84a315d501f768

TITLE IV

-OCEAN AND ATMOSPHERIC 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).

2f5dfc1525fcc8333c3b22efe2b7f9fb89d7a9930ed188437d30207d544b689f

(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.

29b724b36454e9ea581cc1a596c0784847c2a7de5c820d95b4fa7039ea557b7c

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

7dc56f5255617254d92a4151e8801ad8308e8d12b449da24dfbf2c03c88cfe54

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.

1591396ca416bed59140ea77eff2f48072348833fc7b6ed1986e2cfc108e9b28

e9a3c5cd2efbc5c0b0da3bec573ee988a9ec8a9acdc5a20a70049a1604a577f0

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.

a039413dd1587e05b169e248f5ef5ea121b723f101a428ee5f5e695a13b8e928

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.

e226ca0f9fd51d605296b07c88e69250ee1ba957523bb04e6176a25d2da01c31

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.

39e06c2dad86604c04f71fa78f6eb8bd3eddd3693a7893f33d93228e6b3341ca

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.''.

5b254192a0c96aa1269befedb148f1dc673bcb86548044ac4f8aa66303da5586

(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.

1571744f4a0d6d3ab7c756fac31879eceb7fc1750de3fc8f01ed30b8eaaec9f7

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.

fd48f8e25a3751364305861b488033d080fd788291797d0584095ca65310cb39

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.

60d162a3151efe054642e2c90e4f9aadc8cd21b5c0ecdba0772f4f7dd29864bd

(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.

30817767b1e1c610018f94ccac977b034928e4f40db0aafe87685ac5fe872169

(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.

b0bcc90b8d441aed3af5df97cb522fdf3ff2f51a18377f6fc0df704705c34181

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.

599eca105407ab0a723822d6ab68431f521be1cabf1b5808167aa775f6350fa1

(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

280d3676a57a76a92316bb5df31a96a6922dccf94c7d50011e8f8eec7c4ac753

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.

240b7d429db9da73be312c7684e2e4f8243f689fea8f446ac11543452d09528c

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.

f10f923aa3ffe8838bcf8ad68ca0740f1866cf88c227c7b81debf2dacee531f3

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.

3fc1ea6b68acf1e27e975bc69d4b67c2b539d9c0f0f812d9dd7d78eefe76c34c

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

27d7a512fca45c9833a9adb98e1b945722430b662d86af8de77c86cba63207b0

(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.

0445ebccf137cb9a85d4faea82ae8b3fdbdb847398a2702ddab6896c08271028

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

51c724673529af47a48dbfdfaeb9e817ba8579b2e0d04f44fab9fbee70bc4d5d

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.

43b3de37b0d1d6f3770212947b474e15836cbb873ec3ce29d2016e4aa60837cb

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.

dd5ddc8e246cadbd7ab4f2144408b64781b1aa40588c1e2c682c3417ef6083aa

(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

cd4067c7ca032ec1b7b5d12b7bf1fb769049c506f3797f8a101cf80cf43cdaae

(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

179b27d455976cc78aec9e7ebc5a08a4ca936bcc6d05b56515ccb638daa19943

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

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(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.

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(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

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(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.

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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.

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(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.

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National Science Foundation Authorization Act of 2007 — HR. 2272

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