In the Senate of the United States,

July 19, 2007.

Resolved, That the bill from the House of Representatives (H.R. 2272) entitled ‘‘An Act to invest in innovation

through research and development, and to improve the competitiveness of the United States.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘America COMPETES

3 Act’’ or the ‘‘America Creating Opportunities to Meaning4 fully Promote Excellence in Technology, Education, and

5 Science Act’’.
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into 5 divisions

4 as follows:

5 (1) DIVISION A.—Commerce and Science.

6 (2) DIVISION B.—Department of Energy.

7 (3) DIVISION C.—Education.

8 (4) DIVISION D.—National Science Foundation.

9 (5) DIVISION E.—General Provisions.

10 (b) TABLE OF CONTENTS.—The table of contents for

11 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

DIVISION A—COMMERCE AND SCIENCE

Sec. 1001. Short title.

TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY;

GOVERNMENT-WIDE SCIENCE

Sec. 1101. National Science and Technology Summit.

Sec. 1102. Study on barriers to innovation.

Sec. 1103. National Innovation Medal.

Sec. 1104. Release of scientific research results.

Sec. 1105. Semiannual Science, Technology, Engineering, and Mathematics Days.

Sec. 1106. Study of service science.

TITLE II—INNOVATION PROMOTION

Sec. 1201. President’s Council on Innovation and Competitiveness.

Sec. 1202. Innovation acceleration research.

TITLE III—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Sec. 1301. NASA’s contribution to innovation.

Sec. 1302. Aeronautics Institute for Research.

Sec. 1303. Basic research enhancement.

Sec. 1304. Aging workforce issues program.

Sec. 1305. Conforming amendments.

Sec. 1306. Fiscal year 2008 basic science and research funding.

TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Sec. 1401. Authorization of appropriations.
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Sec. 1402. Amendments to the Stevenson-Wydler Technology Innovation Act of

1980.

Sec. 1403. Innovation acceleration.

Sec. 1404. Manufacturing extension.

Sec. 1405. Experimental Program to Stimulate Competitive Technology.

Sec. 1406. Technical amendments to the National Institute of Standards and

Technology Act and other technical amendments.

Sec. 1407. Clarification of eligible contributions in connection with regional Centers responsible for implementing the objectives of the hollings

manufacturing partnership program.

TITLE V—OCEAN AND ATMOSPHERIC PROGRAMS

Sec. 1501. Ocean and atmospheric research and development program.

Sec. 1502. NOAA ocean and atmospheric science education programs.

Sec. 1503. NOAA’s contribution to innovation.

Sec. 1504. NOAA accountability and transparency.

DIVISION B—DEPARTMENT OF ENERGY

Sec. 2001. Short title.

Sec. 2002. Definitions.

Sec. 2003. Mathematics, science, and engineering education at the Department of

Energy.

Sec. 2004. Department of Energy early-career research grants.

Sec. 2005. Advanced Research Projects Authority-Energy.

Sec. 2006. Authorization of appropriations for the Department of Energy for

basic research.

Sec. 2007. Discovery science and engineering innovation institutes.

Sec. 2008. Protecting America’s Competitive Edge (PACE) graduate fellowship

program.

Sec. 2009. Title IX compliance.

Sec. 2010. High-risk, high-reward research.

Sec. 2011. Distinguished scientist program.

DIVISION C—EDUCATION

Sec. 3001. Findings.

Sec. 3002. Definitions.

TITLE I—TEACHER ASSISTANCE

Subtitle A—Teachers for a Competitive Tomorrow

Sec. 3111. Purpose.

Sec. 3112. Definitions.

Sec. 3113. Programs for baccalaureate degrees in mathematics, science, engineering, or critical foreign languages, with concurrent teacher certification.

Sec. 3114. Programs for master’s degrees in mathematics, science, technology, or

critical foreign languages education.

Sec. 3115. General provisions.

Sec. 3116. Authorization of appropriations.

Subtitle B—Advanced Placement and International Baccalaureate Programs

Sec. 3121. Purpose.

Sec. 3122. Definitions.
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Sec. 3123. Advanced Placement and International Baccalaureate programs.

Subtitle C—Promising Practices in Mathematics, Science, Technology, and

Engineering Teaching

Sec. 3131. Promising practices.

TITLE II—MATHEMATICS

Sec. 3201. Math Now for elementary school and middle school students program.

Sec. 3202. Summer term education programs.

Sec. 3203. Math skills for secondary school students.

TITLE III—FOREIGN LANGUAGE PARTNERSHIP PROGRAM

Sec. 3301. Findings and purpose.

Sec. 3302. Definitions.

Sec. 3303. Program authorized.

Sec. 3304. Authorization of appropriations.

TITLE IV—ALIGNMENT OF EDUCATION PROGRAMS

Sec. 3401. Alignment of secondary school graduation requirements with the demands of 21st century postsecondary endeavors and support for

P–16 education data systems.

TITLE V—MATHEMATICS AND SCIENCE PARTNERSHIP BONUS

GRANTS

Sec. 3501. Mathematics and science partnership bonus grants.

Sec. 3502. Authorization of appropriations.

DIVISION D—NATIONAL SCIENCE FOUNDATION

Sec. 4001. Authorization of appropriations.

Sec. 4002. Strengthening of education and human resources directorate through

equitable distribution of new funds.

Sec. 4003. Graduate fellowships and graduate traineeships.

Sec. 4004. Professional science master’s degree programs.

Sec. 4005. Increased support for science education through the National Science

Foundation.

Sec. 4006. Meeting critical national science needs.

Sec. 4007. Reaffirmation of the merit-review process of the National Science

Foundation.

Sec. 4008. Experimental Program to Stimulate Competitive Research.

Sec. 4009. Encouraging participation.

Sec. 4010. Cyberinfrastructure.

Sec. 4011. Federal information and communications technology research.

Sec. 4012. Robert Noyce Teacher Program.

Sec. 4013. Sense of the Senate regarding the mathematics and science partnership

programs of the Department of Education and the National

Science Foundation.

Sec. 4014. National Science Foundation teacher institutes for the 21st century.

Sec. 4015. Partnerships for access to laboratory science.

DIVISION E—GENERAL PROVISIONS

Sec. 5001. Collection of data relating to trade in services.
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Sec. 5002. Sense of the Senate regarding small business growth and capital markets.

Sec. 5003. Government Accountability Office Review of Activities, Grants, and

Programs.

Sec. 5004. Prohibition against funding anti-competitiveness.

Sec. 5005. Feasibility study on free online college degree program.

Sec. 5006. Sense of the Senate regarding deemed exports.

Sec. 5007. Sense of the Senate regarding capital markets.

1 DIVISION A—COMMERCE AND

2 SCIENCE

3 SEC. 1001. SHORT TITLE.

4 This division may be cited as the ‘‘American Innova5 tion and Competitiveness Act’’.

6 TITLE I—OFFICE OF SCIENCE

7 AND TECHNOLOGY POLICY;

8 GOVERNMENT-WIDE SCIENCE

9 SEC. 1101. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.

10 (a) IN GENERAL.—Not later than 180 days after the

11 date of enactment of this Act, the President shall convene

12 a National Science and Technology Summit to examine the

13 health and direction of the United States’ science, tech14 nology, engineering, and mathematics enterprises. The

15 Summit shall include representatives of industry, small

16 business, labor, academia, State government, Federal re17 search and development agencies, non-profit environmental

18 and energy policy groups concerned with science and tech19 nology issues, and other nongovernmental organizations, in20 cluding representatives of science, technology, and engineer21 ing organizations and associations that represent individ-
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1 uals identified in section 33 or 34 of the Science and Engi2 neering Equal Opportunities Act (42 U.S.C. 1885a or

3 1885b).

4 (b) REPORT.—Not later than 90 days after the date

5 of the conclusion of the Summit, the President shall issue

6 a report on the results of the Summit. The report shall iden7 tify key research and technology challenges and rec8 ommendations, including recommendations to increase the

9 representation of individuals identified in section 33 or 34

10 of the Science and Engineering Equal Opportunities Act

11 (42 U.S.C. 1885a or 1885b) in science, engineering, and

12 technology enterprises, for areas of investment for Federal

13 research and technology programs to be carried out during

14 the 5-year period beginning on the date the report is issued.

15 (c) ANNUAL EVALUATION.—Beginning in 2008, the

16 Director of the Office of Science and Technology Policy shall

17 publish and submit to Congress an annual report that con18 tains recommendations for areas of investment for Federal

19 research and technology programs, including a justification

20 for each area identified in the report. Each report submitted

21 during the 5-year period beginning on the date of the con22 clusion of the Summit shall take into account any rec23 ommendations made by the Summit.
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1 SEC. 1102. STUDY ON BARRIERS TO INNOVATION.

2 (a) IN GENERAL.—Not later than 90 days after the

3 date of enactment of this Act, the Director of the Office of

4 Science and Technology Policy shall enter into a contract

5 with the National Academy of Sciences to conduct and com6 plete a study to identify, and to review methods to mitigate,

7 new forms of risk for businesses beyond conventional oper8 ational and financial risk that affect the ability to inno9 vate, including studying and reviewing—

10 (1) incentive and compensation structures that

11 could effectively encourage long-term value creation

12 and innovation;

13 (2) methods of voluntary and supplemental dis14 closure by industry of intellectual capital, innovation

15 performance, and indicators of future valuation;

16 (3) means by which government could work with

17 industry to enhance the legal and regulatory frame18 work to encourage the disclosures described in para19 graph (2);

20 (4) practices that may be significant deterrents

21 to United States businesses engaging in innovation

22 risk-taking compared to foreign competitors;

23 (5) costs faced by United States businesses en24 gaging in innovation compared to foreign competi25 tors, including the burden placed on businesses by

26 high and rising health care costs;
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1 (6) means by which industry, trade associations,

2 and universities could collaborate to support research

3 on management practices and methodologies for as4 sessing the value and risks of longer term innovation

5 strategies;

6 (7) means to encourage new, open, and collabo7 rative dialogue between industry associations, regu8 latory authorities, management, shareholders, labor,

9 and other concerned interests to encourage appro10 priate approaches to innovation risk-taking;

11 (8) incentives to encourage participation among

12 institutions of higher education, especially those in

13 rural and underserved areas, to engage in innovation;

14 (9) relevant Federal regulations that may dis15 courage or encourage innovation;

16 (10) all provisions of the Internal Revenue Code

17 of 1986, including tax provisions, compliance costs,

18 and reporting requirements, that discourage innova19 tion;

20 (11) the extent to which Federal funding pro21 motes or hinders innovation;

22 (12) the extent to which individuals are being

23 equipped with the knowledge and skills necessary for

24 success in the 21st century workforce, as measured

25 by—
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1 (A) elementary school and secondary school

2 student academic achievement on the State aca3 demic assessments required under section

4 1111(b)(3) of the Elementary and Secondary

5 Education Act of 1965 (20 U.S.C. 6311 (b)(3)),

6 especially in mathematics, science, and reading,

7 identified by ethnicity, race, and gender;

8 (B) the rate of student entrance into insti9 tutions of higher education, identified by eth10 nicity, race, and gender, by type of institution,

11 and barriers to access to institutions of higher

12 education;

13 (C) the rates of—

14 (i) students successfully completing

15 postsecondary education programs, identi16 fied by ethnicity, race, and gender; and

17 (ii) certificates, associate degrees, and

18 baccalaureate degrees awarded in the fields

19 of science, technology, engineering, and

20 mathematics, identified by ethnicity, race,

21 and gender; and

22 (D) access to, and availability of, high qual23 ity job training programs;

24 (13) the projected outcomes of increasing the

25 number of individuals identified in section 33 or 34
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1 of the Science and Engineering Equal Opportunities

2 Act (42 U.S.C. 1885a or 1885b) in science, tech3 nology, engineering, and mathematics fields; and

4 (14) the identification of strategies to increase

5 the participation of individuals identified in section

6 33 or 34 of the Science and Engineering Equal Op7 portunities Act (42 U.S.C. 1885a or 1885b) in

8 science, technology, engineering, and mathematics

9 fields.

10 (b) REPORT REQUIRED.—Not later than 1 year after

11 entering into the contract required by subsection (a) and

12 4 years after entering into such contract, the National

13 Academy of Sciences shall submit to Congress a report on

14 the study conducted under such subsection.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated to the National Academy of

17 Sciences $1,000,000 for fiscal year 2008 for the purpose of

18 carrying out the study required under this section.

19 SEC. 1103. NATIONAL INNOVATION MEDAL.

20 Section 16 of the Stevenson-Wydler Technology Inno21 vation Act of 1980 (15 U.S.C. 3711) is amended—

22 (1) by striking the section heading and inserting

23 ‘‘SEC. 16. NATIONAL TECHNOLOGY AND INNO24 VATION MEDAL.’’; and
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1 (2) in subsection (a), by striking ‘‘Technology

2 Medal’’ and inserting ‘‘Technology and Innovation

3 Medal’’.

4 SEC. 1104. RELEASE OF SCIENTIFIC RESEARCH RESULTS.

5 (a) PRINCIPLES.—Not later than 90 days after the

6 date of enactment of this Act, the Director of the Office of

7 Science and Technology Policy, in consultation with the Di8 rector of the Office of Management and Budget and the

9 heads of all Federal civilian agencies that conduct scientific

10 research, shall develop and issue an overarching set of prin11 ciples to ensure the communication and open exchange of

12 data and results to other agencies, policymakers, and the

13 public of research conducted by a scientist employed by a

14 Federal civilian agency and to prevent the intentional or

15 unintentional suppression or distortion of such research

16 findings. The principles shall encourage the open exchange

17 of data and results of research undertaken by a scientist

18 employed by such an agency and shall be consistent with

19 existing Federal laws, including chapter 18 of title 35,

20 United States Code (commonly known as the ‘‘Bayh-Dole

21 Act’’).

22 (b) IMPLEMENTATION.—Not later than 180 days after

23 the date of enactment of this Act, the Director of the Office

24 of Science and Technology Policy shall ensure that all civil25 ian Federal agencies that conduct scientific research develop
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1 specific policies and procedures regarding the public release

2 of data and results of research conducted by a scientist em3 ployed by such an agency consistent with the principles es4 tablished under subsection (a). Such polices and procedures

5 shall—

6 (1) specifically address what is and what is not

7 permitted or recommended under such policies and

8 procedures;

9 (2) be specifically designed for each such agency;

10 (3) be applied uniformly throughout each such

11 agency; and

12 (4) be widely communicated and readily acces13 sible to all employees of each such agency and the

14 public.

15 SEC. 1105. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGI16 NEERING, AND MATHEMATICS DAYS.

17 It is the sense of Congress that the Director of the Office

18 of Science and Technology Policy should—

19 (1) encourage all elementary and middle schools

20 to observe a Science, Technology, Engineering, and

21 Mathematics Day twice in every school year for the

22 purpose of bringing in science, technology, engineer23 ing, and mathematics mentors to provide hands-on

24 lessons to excite and inspire students to pursue the

25 science, technology, engineering, and mathematics
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1 fields (including continuing education and career

2 paths);

3 (2) initiate a program, in consultation with

4 Federal agencies and departments, to provide support

5 systems, tools (from existing outreach offices), and

6 mechanisms to allow and encourage Federal employ7 ees with scientific, technological, engineering, or

8 mathematical responsibilities to reach out to local

9 classrooms on such Science, Technology, Engineering,

10 and Mathematics Days to instruct and inspire school

11 children, focusing on real life science, technology, en12 gineering, and mathematics-related applicable experi13 ences along with hands-on demonstrations in order to

14 demonstrate the advantages and direct applications of

15 studying the science, technology, engineering, and

16 mathematics fields; and

17 (3) promote Science, Technology, Engineering,

18 and Mathematics Days involvement by private sector

19 and institutions of higher education employees, in20 cluding partnerships with scientific, engineering, and

21 mathematical professional organizations representing

22 individuals identified in section 33 or 34 of the

23 Science and Engineering Equal Opportunities Act

24 (42 U.S.C. 1885a or 1885b), in a manner similar to
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1 the Federal employee involvement described in para2 graph (2).

3 SEC. 1106. STUDY OF SERVICE SCIENCE.

4 (a) SENSE OF CONGRESS.—It is the sense of Congress

5 that, in order to strengthen the competitiveness of United

6 States enterprises and institutions and to prepare the peo7 ple of the United States for high-wage, high-skill employ8 ment, the Federal Government should better understand and

9 respond strategically to the emerging management and

10 learning discipline known as service science.

11 (b) STUDY.—Not later than 270 days after the date

12 of enactment of this Act, the Director of the Office of Science

13 and Technology Policy, through the National Academy of

14 Sciences, shall conduct a study and report to Congress re15 garding how the Federal Government should support,

16 through research, education, and training, the emerging

17 management and learning discipline known as service

18 science.

19 (c) OUTSIDE RESOURCES.—In conducting the study

20 under subsection (b), the National Academy of Sciences

21 shall consult with leaders from 2- and 4-year institutions

22 of higher education, as defined in section 101(a) of the

23 Higher Education Act of 1965 (20 U.S.C. 1001(a)), leaders

24 from corporations, and other relevant parties.
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1 (d) SERVICE SCIENCE DEFINED.—In this section, the

2 term ‘‘service science’’ means curricula, training, and re3 search programs that are designed to teach individuals to

4 apply scientific, engineering, and management disciplines

5 that integrate elements of computer science, operations re6 search, industrial engineering, business strategy, manage7 ment sciences, and social and legal sciences, in order to en8 courage innovation in how organizations create value for

9 customers and shareholders that could not be achieved

10 through such disciplines working in isolation.

11 TITLE II—INNOVATION

12 PROMOTION

13 SEC. 1201. PRESIDENT’S COUNCIL ON INNOVATION AND

14 COMPETITIVENESS.

15 (a) IN GENERAL.—The President shall establish a

16 President’s Council on Innovation and Competitiveness.

17 (b) DUTIES.—The Council’s duties shall include—

18 (1) monitoring implementation of public laws

19 and initiatives for promoting innovation, including

20 policies related to research funding, taxation, immi21 gration, trade, and education that are proposed in

22 this Act or in any other Act;

23 (2) providing advice to the President with re24 spect to global trends in competitiveness and innova25 tion and allocation of Federal resources in education,
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1 job training, and technology research and develop2 ment considering such global trends in competitive3 ness and innovation;

4 (3) in consultation with the Director of the Of5 fice of Management and Budget, developing a process

6 for using metrics to assess the impact of existing and

7 proposed policies and rules that affect innovation ca8 pabilities in the United States;

9 (4) identifying opportunities and making rec10 ommendations for the heads of executive agencies to

11 improve innovation, monitoring, and reporting on the

12 implementation of such recommendations;

13 (5) developing metrics for measuring the progress

14 of the Federal Government with respect to improving

15 conditions for innovation, including through talent

16 development, investment, and infrastructure improve17 ments; and

18 (6) submitting to the President and Congress an

19 annual report on such progress.

20 (c) MEMBERSHIP AND COORDINATION.—

21 (1) MEMBERSHIP.—The Council shall be com22 posed of the Secretary or head of each of the following:

23 (A) The Department of Commerce.

24 (B) The Department of Defense.

25 (C) The Department of Education.
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1 (D) The Department of Energy.

2 (E) The Department of Health and Human

3 Services.

4 (F) The Department of Homeland Security.

5 (G) The Department of Labor.

6 (H) The Department of the Treasury.

7 (I) The National Aeronautics and Space

8 Administration.

9 (J) The Securities and Exchange Commis10 sion.

11 (K) The National Science Foundation.

12 (L) The Office of the United States Trade

13 Representative.

14 (M) The Office of Management and Budget.

15 (N) The Office of Science and Technology

16 Policy.

17 (O) The Environmental Protection Agency.

18 (P) The Small Business Administration.

19 (Q) Any other department or agency des20 ignated by the President.

21 (2) CHAIRPERSON.—The Secretary of Commerce

22 shall serve as Chairperson of the Council.

23 (3) COORDINATION.—The Chairperson of the

24 Council shall ensure appropriate coordination be25 tween the Council and the National Economic Coun-
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1 cil, the National Security Council, and the National

2 Science and Technology Council.

3 (4) MEETINGS.—The Council shall meet on a

4 semi-annual basis at the call of the Chairperson and

5 the initial meeting of the Council shall occur not later

6 than 6 months after the date of enactment of this Act.

7 (d) DEVELOPMENT OF INNOVATION AGENDA.—

8 (1) IN GENERAL.—The Council shall develop a

9 comprehensive agenda for strengthening the innova10 tion and competitiveness capabilities of the Federal

11 Government, State governments, academia, and the

12 private sector in the United States.

13 (2) CONTENTS.—The comprehensive agenda re14 quired by paragraph (1) shall include the following:

15 (A) An assessment of current strengths and

16 weaknesses of the United States investment in re17 search and development.

18 (B) Recommendations for addressing weak19 nesses and maintaining the United States as a

20 world leader in research and development and

21 technological innovation, including strategies for

22 increasing the participation of individuals iden23 tified in section 33 or 34 of the Science and En24 gineering Equal Opportunities Act (42 U.S.C.
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1 1885a or 1885b) in science, technology, engineer2 ing, and mathematics fields.

3 (C) Recommendations for strengthening the

4 innovation and competitiveness capabilities of

5 the Federal government, State governments, aca6 demia, and the private sector in the United

7 States.

8 (3) ADVISORS.—

9 (A) RECOMMENDATION.—Not later than 30

10 days after the date of enactment of this Act, the

11 National Academy of Sciences, in consultation

12 with the National Academy of Engineering, the

13 Institute of Medicine, and the National Research

14 Council, shall develop and submit to the Presi15 dent a list of 50 individuals that are rec16 ommended to serve as advisors to the Council

17 during the development of the comprehensive

18 agenda required by paragraph (1). The list of

19 advisors shall include appropriate representa20 tives from the following:

21 (i) The private sector of the economy.

22 (ii) Labor.

23 (iii) Various fields including informa24 tion technology, energy, engineering, high-
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1 technology manufacturing, health care, and

2 education.

3 (iv) Scientific organizations.

4 (v) Academic organizations and other

5 nongovernmental organizations working in

6 the area of science or technology.

7 (vi) Nongovernmental organizations,

8 such as professional organizations, that rep9 resent individuals identified in section 33

10 or 34 of the Science and Engineering Equal

11 Opportunities Act (42 U.S.C. 1885a or

12 1885b) in the areas of science, engineering,

13 technology, and mathematics.

14 (B) DESIGNATION.—Not later than 30 days

15 after the date that the National Academy of

16 Sciences submits the list of recommended indi17 viduals to serve as advisors, the President shall

18 designate 50 individuals to serve as advisors to

19 the Council.

20 (C) REQUIREMENT TO CONSULT.—The

21 Council shall develop the comprehensive agenda

22 required by paragraph (1) in consultation with

23 the advisors.

24 (4) INITIAL SUBMISSION AND UPDATES.—
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1 (A) INITIAL SUBMISSION.—Not later than 1

2 year after the date of enactment of this Act, the

3 Council shall submit to Congress and the Presi4 dent the comprehensive agenda required by para5 graph (1).

6 (B) UPDATES.—At least once every 2 years,

7 the Council shall update the comprehensive agen8 da required by paragraph (1) and submit each

9 such update to Congress and the President.

10 (e) TECHNICAL AMENDMENT.—Section 101(b) of the

11 High-Performance Computing Act of 1991 (15 U.S.C.

12 5511(b)) is amended by striking ‘‘an’’ in the first sentence

13 and inserting ‘‘a distinct’’.

14 (f) OPTIONAL ASSIGNMENT.—Notwithstanding sub15 section (a) and paragraphs (1) and (2) of subsection (c),

16 the President may designate an existing council to carry

17 out the requirements of this section.

18 SEC. 1202. INNOVATION ACCELERATION RESEARCH.

19 (a) PROGRAM ESTABLISHED.—The President, through

20 the head of each Federal research agency, shall establish a

21 program, to be known as the Innovation Acceleration Re22 search Program, to support and promote innovation in the

23 United States through research projects that can yield re24 sults with far-ranging or wide-ranging implications but are

25 considered too novel or span too diverse a range of dis-
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1 ciplines to fare well in the traditional peer review process.

2 Priority in the awarding of grants under this program shall

3 be given to research projects that—

4 (1) meet fundamental technology or scientific

5 challenges;

6 (2) involve multidisciplinary work; and

7 (3) involve a high degree of novelty.

8 (b) DEPARTMENTS AND AGENCIES.—

9 (1) FUNDING GOALS.—The President shall ensure

10 that it is the goal of each Executive agency (as de11 fined in section 105 of title 5, United States Code)

12 that finances research in science, mathematics, engi13 neering, and technology to allocate approximately 8

14 percent of the agency’s total annual research and de15 velopment budget to funding research, including

16 grants, under the Innovation Acceleration Research

17 Program.

18 (2) ADMINISTRATION.—

19 (A) IN GENERAL.—Not later than 90 days

20 after the date of enactment of this Act, the head

21 of each Executive agency participating in the In22 novation Acceleration Research Program under

23 paragraph (1) shall submit to the Director of the

24 Office of Science and Technology Policy and the

25 Director of the Office of Management and Budget
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1 a plan for implementing the research program

2 within such Executive agency. An implementa3 tion plan may incorporate existing initiatives of

4 the Executive agencies that promote research in

5 innovation as described in subsection (a).

6 (B) REQUIRED METRICS.—

7 (i) IN GENERAL.—The head of each

8 Executive agency submitting an implemen9 tation plan pursuant to subparagraph (A)

10 shall include metrics upon which grant

11 funding decisions will be made and metrics

12 for assessing the success of the grants

13 awarded.

14 (ii) METRICS FOR BASIC RESEARCH.—

15 The metrics developed under clause (i) to

16 assess basic research programs shall assess

17 management of the programs and shall not

18 assess specific scientific outcomes of the re19 search conducted by the programs.

20 (C) GRANT DURATION AND RENEWALS.—

21 (i) IN GENERAL.—Any grants issued

22 by an Executive agency under this section

23 shall be for a period not to exceed 3 years.

24 (ii) EVALUATION.—Not later than 90

25 days prior to the expiration of a grant
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1 issued under this section, the Executive

2 agency that approved the grant shall com3 plete an evaluation of the effectiveness of the

4 grant based on the metrics established pur5 suant to subparagraph (B). In its evalua6 tion, the Executive agency shall consider the

7 extent to which the program funded by the

8 grant met the goals of quality improvement

9 and job creation.

10 (iii) PUBLICATION OF REVIEW.—The

11 Executive agency shall publish and make

12 available to the public the review of each

13 grant approved pursuant to this section.

14 (iv) FAILURE TO MEET METRICS.—

15 Any grant that the Executive agency

16 awarding the grant determines has failed to

17 satisfy any of the metrics developed pursu18 ant to subparagraph (B), shall not be eligi19 ble for a renewal.

20 (v) RENEWAL.—A grant issued under

21 this section that satisfies all of the metrics

22 developed pursuant to subparagraph (B),

23 may be renewed once for a period of not

24 more than 3 years. Additional renewals

25 may be considered only if the head of the
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1 Executive agency makes a specific finding

2 that the program being funded involves a

3 significant technology or scientific advance

4 that requires a longer time frame to com5 plete critical research, and the research sat6 isfies all the metrics developed pursuant to

7 subparagraph (B).

8 (vi) WAIVER.—The head of the Execu9 tive agency may authorize a waiver of the

10 requirement of clauses (iv) and (v) related

11 to satisfying metric requirements if he or

12 she determines that the grant failed to meet

13 a small number of metrics and the failure

14 was not significant for the overall perform15 ance of the grant.

16 (c) DEFINITIONS.—In this section:

17 (1) FEDERAL RESEARCH AGENCY.—The term

18 ‘‘Federal research agency’’ means a major organiza19 tional component of a department or agency of the

20 Federal Government, or other establishment of the

21 Federal Government operating with appropriated

22 funds, that has as its primary purpose the perform23 ance of scientific research.

24 (2) MAJOR ORGANIZATIONAL COMPONENT.—The

25 term ‘‘major organizational component’’, with respect
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1 to a department, agency, or other establishment of the

2 Federal Government, means a component of the de3 partment, agency, or other establishment that is ad4 ministered by an individual whose rate of basic pay

5 is not less than the rate of basic pay payable under

6 level V of the Executive Schedule under section 5316

7 of title 5, United States Code.

8 TITLE III—NATIONAL AERO9 NAUTICS AND SPACE ADMIN10 ISTRATION

11 SEC. 1301. NASA’S CONTRIBUTION TO INNOVATION.

12 (a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—

13 The National Aeronautics and Space Administration shall

14 be a full participant in any interagency effort to promote

15 innovation and economic competitiveness through near16 term and long-term basic scientific research and develop17 ment and the promotion of science, technology, engineering,

18 and mathematics education, consistent with the agency mis19 sion, including authorized activities.

20 (b) HISTORIC FOUNDATION.—In order to carry out the

21 participation described in subsection (a), the Administrator

22 of the National Aeronautics and Space Administration

23 shall build on the historic role of the National Aeronautics

24 and Space Administration in stimulating excellence in the

25 advancement of physical science and engineering dis-
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1 ciplines and in providing opportunities and incentives for

2 the pursuit of academic studies in science, technology, engi3 neering, and mathematics.

4 (c) BALANCED SCIENCE PROGRAMAND ROBUST AU5 THORIZATION LEVELS.—The balanced science program au6 thorized by section 101(d) of the National Aeronautics and

7 Space Administration Authorization Act of 2005 (42 U.S.C.

8 16611) shall be an element of the contribution by the Na9 tional Aeronautics and Space Administration to such inter10 agency programs. It is the sense of Congress that a robust

11 National Aeronautics and Space Administration, funded at

12 the levels authorized for fiscal years 2007 and 2008 under

13 sections 202 and 203 of such Act (42 U.S.C. 16631 and

14 16632) and at appropriate levels in subsequent fiscal years

15 would enable a fair balance among science, aeronautics,

16 education, exploration, and human space flight programs

17 and allow full participation in any interagency efforts to

18 promote innovation and economic competitiveness.

19 (d) ANNUAL REPORT.—

20 (1) REQUIREMENT.—The Administrator shall

21 submit to Congress and the President an annual re22 port describing the activities conducted pursuant to

23 this section, including a description of the goals and

24 the objective metrics upon which funding decisions

25 were made.
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1 (2) CONTENT.—Each report submitted pursuant

2 to paragraph (1) shall include, with regard to science,

3 technology, engineering, and mathematics education

4 programs, at a minimum, the following:

5 (A) A description of each program.

6 (B) The amount spent on each program.

7 (C) The number of students or teachers

8 served by each program.

9 (D) Measurement of how each program im10 proved student achievement, including with re11 gard to challenging State achievement standards.

12 SEC. 1302. AERONAUTICS INSTITUTE FOR RESEARCH.

13 (a) ESTABLISHMENT.—

14 (1) IN GENERAL.—The Administrator of the Na15 tional Aeronautics and Space Administration shall

16 establish within the Administration an Aeronautics

17 Institute for Research for the purpose of managing the

18 aeronautics research carried out by the Administra19 tion.

20 (2) DIRECTOR.—The Institute shall be headed by

21 a Director with appropriate experience in aeronautics

22 research and development.

23 (b) DUTIES.—The Institute shall implement the pro24 grams authorized under title IV of the National Aeronautics
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1 and Space Administration Authorization Act of 2005 (42

2 U.S.C. 16701 et seq.).

3 (c) COOPERATION WITH OTHER AGENCIES.—

4 (1) IN GENERAL.—The Institute shall operate in

5 conjunction with relevant programs in the Depart6 ment of Transportation, the Department of Defense,

7 the Department of Commerce, and the Department of

8 Homeland Security, including the activities of the

9 Joint Planning and Development Office established

10 under the Vision 100—Century of Aviation Reauthor11 ization Act (Public Law 108–176; 117 Stat. 2490).

12 (2) RESOURCES.—The Director of the Institute

13 may accept assistance, staff, and funding from those

14 Departments and other Federal agencies. Any such

15 funding shall be in addition to funds authorized for

16 aeronautics under the National Aeronautics and

17 Space Administration Authorization Act of 2005

18 (Public Law 109–155).

19 (3) OTHER COORDINATION.—The Director of the

20 Institute may utilize the Next Generation Air Trans21 portation Senior Policy Committee established under

22 section 710 of the Vision 100—Century of Aviation

23 Reauthorization Act (Public Law 108–176; 49 U.S.C.

24 40101 note) to coordinate its programs with other De25 partments and agencies.
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1 (d) PARTNERSHIPS.—In developing and carrying out

2 its plans, the Institute shall consult with the public and

3 ensure the participation of experts from the private sector

4 including representatives of commercial aviation, general

5 aviation, aviation labor groups, aviation research and de6 velopment entities, aircraft and air traffic control sup7 pliers, and the space industry.

8 SEC. 1303. BASIC RESEARCH ENHANCEMENT.

9 (a) IN GENERAL.—The Administrator of the National

10 Aeronautics and Space Administration, the Director of the

11 National Science Foundation, the Secretary of Energy, the

12 Secretary of Defense, and Secretary of Commerce shall, to

13 the extent practicable, coordinate basic and fundamental re14 search activities related to physical sciences, technology, en15 gineering and mathematics.

16 (b) ESTABLISHMENT OF BASIC RESEARCH EXECUTIVE

17 COUNCIL.—In order to ensure effective application of re18 sources to basic science activity and to facilitate cooperative

19 basic and fundamental research activities with other gov20 ernmental organizations, the Administrator of the National

21 Aeronautics and Space Administration shall establish with22 in the Administration a Basic Research Executive Council

23 to oversee the distribution and management of programs

24 and resources engaged in support of basic research activity.
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1 (c) MEMBERSHIP.—The membership of the Basic Re2 search Executive Council shall consist of the most senior

3 agency official representing each of the following areas of

4 research:

5 (1) Space Science.

6 (2) Earth Science.

7 (3) Life and Microgravity Sciences.

8 (4) Aeronautical Research.

9 (d) LEADERSHIP.—The Basic Research Executive

10 Council shall be chaired by an individual appointed for

11 that purpose who shall have, as a minimum, a appropriate

12 graduate degree in a recognizable discipline in the physical

13 sciences, and appropriate experience in the conduct and

14 management of basic research activity. The Chairman of

15 the Council shall report directly to the Administrator of the

16 National Aeronautics and Space Administration.

17 (e) SUPPORTING RESOURCES AND PERSONNEL.—The

18 Chairman of the Basic Research Executive Council shall be

19 provided with adequate administrative staff support to con20 duct the activity and functions of the Council.

21 (f) DUTIES.—The Basic Research Executive Council

22 shall have, at minimum, the following duties:

23 (1) To establish criteria for the identification of

24 research activity as basic in nature.
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1 (2) To establish, in consultation with the Office

2 of Science and Technology Policy, the National

3 Science Foundation, the National Academy of

4 Sciences, the National Institutes of Health, and other

5 appropriate external organizations, a prioritization

6 of fundamental research activity to be conducted by

7 the National Aeronautics and Space Administration,

8 to be reviewed and updated on an annual basis, tak9 ing into consideration evolving national research pri10 orities.

11 (3) To monitor, review, and evaluate all basic

12 research activity of the National Aeronautics and

13 Space Administration for compliance with basic re14 search priorities established under paragraph (2).

15 (4) To make recommendations to the Adminis16 trator of the National Aeronautics and Space Admin17 istration regarding adjustments in the basic research

18 activities of the Administration to ensure consistency

19 with the research priorities established under this sec20 tion.

21 (5) To provide an annual report to the Com22 mittee on Commerce, Science, and Transportation of

23 the Senate and the Committee on Science of the

24 House of Representatives outlining the activities of

25 the Council during the preceding year and the status
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1 of basic research activity within the Administration.

2 The initial such report, to serve as a baseline docu3 ment, shall be provided within 90 days after the es4 tablishment and initial operations of the Council.

5 SEC. 1304. AGING WORKFORCE ISSUES PROGRAM.

6 It is the sense of Congress that the Administrator of

7 the National Aeronautics and Space Administration should

8 implement a program to address aging work force issues

9 in aerospace that—

10 (1) documents technical and management experi11 ences before senior people leave the Administration,

12 including—

13 (A) documenting lessons learned;

14 (B) briefing organizations;

15 (C) providing opportunities for archiving

16 lessons in a database; and

17 (D) providing opportunities for near-term

18 retirees to transition out early from their pri19 mary assignment in order to document their ca20 reer lessons learned and brief new employees

21 prior to their separation from the Administra22 tion;

23 (2) provides incentives for retirees to return and

24 teach new employees about their career lessons and

25 experiences; and
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1 (3) provides for the development of an award to

2 recognize and reward outstanding senior employees

3 for their contributions to knowledge sharing.

4 SEC. 1305. CONFORMING AMENDMENTS.

5 Section 101(d) of the National Aeronautics and Space

6 Administration Authorization Act of 2005 (42 U.S.C.

7 16611(d)) is amended—

8 (1) by striking ‘‘and’’ after the semicolon in

9 paragraph (2)(B);

10 (2) by striking ‘‘Act.’’ in paragraph (2)(C) and

11 inserting ‘‘Act; and’’;

12 (3) by adding at the end of paragraph (2) the

13 following:

14 ‘‘(D) the number and content of science ac15 tivities which are undertaken in support of

16 science missions described in subparagraph (A),

17 and the number and content of science activities

18 which may be considered as fundamental, or

19 basic research, whether incorporated within spe20 cific missions or conducted independently of any

21 specific mission.’’; and

22 (4) by adding at the end of paragraph (3) the

23 following:

24 ‘‘(H) How NASA science activities can best

25 be structured to ensure that basic and funda-
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1 mental research can be effectively maintained

2 and coordinated in response to national goals in

3 competitiveness and innovation, and in contrib4 uting to national scientific, technology, engineer5 ing and mathematics leadership.’’.

6 SEC. 1306. FISCAL YEAR 2008 BASIC SCIENCE AND RE7 SEARCH FUNDING.

8 Notwithstanding any other provision of law, the Ad9 ministrator of the National Aeronautics and Space Admin10 istration shall increase funding for basic science and re11 search, including for the Explorer Program, for fiscal year

12 2008 by $160,000,000 by transferring such amount for such

13 purpose from accounts of the National Aeronautics and

14 Space Administration. The transfer shall be contingent

15 upon the availability of unobligated balances to the Na16 tional Aeronautics and Space Administration.

17 TITLE IV—NATIONAL INSTITUTE

18 OF STANDARDS AND TECH19 NOLOGY

20 SEC. 1401. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to the Sec22 retary of Commerce for the use of the National Institute

23 of Standards and Technology—
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1 (1) for fiscal year 2008, $703,611,000, of which

2 $115,000,000 shall be used for the Hollings Manufac3 turing Extension Partnership Program;

4 (2) for fiscal year 2009, $773,972,000, of which

5 $122,005,000 shall be used for the Hollings Manufac6 turing Extension Partnership Program;

7 (3) for fiscal year 2010, $851,369,000, of which

8 $131,766,000 shall be used for the Hollings Manufac9 turing Extension Partnership Program; and

10 (4) for fiscal year 2011, $936,506,000, of which

11 $142,300,000 shall be used for the Hollings Manufac12 turing Extension Partnership Program.

13 SEC. 1402. AMENDMENTS TO THE STEVENSON-WYDLER

14 TECHNOLOGY INNOVATION ACT OF 1980.

15 (a) IN GENERAL.—Section 5 of the Stevenson-Wydler

16 Technology Innovation Act of 1980 (15 U.S.C. 3704) is re17 pealed.

18 (b) CONFORMING AMENDMENTS.—

19 (1) TITLE 5, UNITED STATES CODE.—Section

20 5314 of title 5, United States Code, is amended by

21 striking ‘‘Under Secretary of Commerce for Tech22 nology.’’.

23 (2) DEFINITIONS.—Section 4 of the Stevenson24 Wydler Technology Innovation Act of 1980 (15 U.S.C.

25 3703) is amended—
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1 (A) by striking paragraphs (1) and (3); and

2 (B) by redesignating paragraphs (2)

3 through (13) as paragraphs (1) through (11), re4 spectively.

5 (3) REPEAL OF AUTHORIZATION.—Section 21(a)

6 of the Stevenson-Wydler Technology Innovation Act of

7 1980 (15 U.S.C. 3713(a)) is amended—

8 (A) in paragraph (1), by striking ‘‘sections

9 5, 11(g), and 16’’ and inserting ‘‘sections 11(g)

10 and 16’’; and

11 (B) in paragraph (2), by striking

12 ‘‘$500,000 is authorized only for the purpose of

13 carrying out the requirements of the Japanese

14 technical literature program established under

15 section 5(d) of this Act;’’.

16 (4) HIGH-PERFORMANCE COMPUTING ACT OF

17 1991.—Section 208 of the High-Performance Com18 puting Act of 1991 (15 U.S.C. 5528) is amended by

19 striking subsection (c) and redesignating subsection

20 (d) as subsection (c).

21 (5) ASSISTIVE TECHNOLOGY ACT OF 1998.—Sec22 tion 6(b)(4)(B)(v) of the Assistive Technology Act of

23 1998 (29 U.S.C. 3005(b)(4)(B)(v)) is amended by

24 striking ‘‘the Technology Administration of the De-
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1 partment of Commerce,’’ and inserting ‘‘the National

2 Institute of Standards and Technology,’’.

3 SEC. 1403. INNOVATION ACCELERATION.

4 (a) PROGRAM.—In order to implement section 1202 of

5 this Act, the Director of the National Institute of Standards

6 and Technology shall—

7 (1) establish a program linked to the goals and

8 objectives of the measurement laboratories, to be

9 known as the ‘‘Standards and Technology Accelera10 tion Research Program’’, to support and promote in11 novation in the United States through high-risk, high12 reward research; and

13 (2) set aside, from funds available to the meas14 urement laboratories, an amount equal to not less

15 than 8 percent of the funds available to the Institute

16 each fiscal year for such Program.

17 (b) EXTERNAL FUNDING.—The Director shall ensure

18 that at least 80 percent of the funds available for such Pro19 gram shall be used to award competitive, merit-reviewed

20 grants, cooperative agreements, or contracts to public or

21 private entities, including businesses and universities. In

22 selecting entities to receive such assistance, the Director

23 shall ensure that the project proposed by an entity has sci24 entific and technical merit and that any resulting intellec25 tual property shall vest in a United States entity that can
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1 commercialize the technology in a timely manner. Each ex2 ternal project shall involve at least one small or medium3 sized business and the Director shall give priority to joint

4 ventures between small or medium-sized businesses and edu5 cational institutions. Any grant shall be for a period not

6 to exceed 3 years.

7 (c) COMPETITIONS.—The Director shall solicit pro8 posals annually to address areas of national need for high9 risk, high-reward research, as identified by the Director.

10 (d) ANNUAL REPORT.—Each year the Director shall

11 issue an annual report describing the program’s activities,

12 including include a description of the metrics upon which

13 grant funding decisions were made in the previous fiscal

14 year, any proposed changes to those metrics, metrics for

15 evaluating the success of ongoing and completed grants, and

16 an evaluation of ongoing and completed grants. The first

17 annual report shall include best practices for management

18 of programs to stimulate high-risk, high-reward research.

19 (e) ADMINISTRATIVE EXPENSES.—No more than 5 per20 cent of the finding available to the program may be used

21 for administrative expenses.

22 (f) HIGH-RISK, HIGH-REWARD RESEARCH DE23 FINED.—In this section, the term ‘‘high-risk, high-reward

24 research’’ means research that—
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1 (1) has the potential for yielding results with

2 far-ranging or wide-ranging implications;

3 (2) addresses critical national needs related to

4 measurement standards and technology; and

5 (3) is too novel or spans too diverse a range of

6 disciplines to fare well in the traditional peer review

7 process.

8 SEC. 1404. MANUFACTURING EXTENSION.

9 (a) MANUFACTURING CENTER EVALUATION.—Section

10 25(c)(5) of the National Institute of Standards and Tech11 nology Act (15 U.S.C. 278k(c)(5)) is amended by inserting

12 ‘‘A Center that has not received a positive evaluation by

13 the evaluation panel shall be notified by the panel of the

14 deficiencies in its performance and shall be placed on pro15 bation for one year, after which time the panel shall re16 evaluate the Center. If the Center has not addressed the defi17 ciencies identified by the panel, or shown a significant im18 provement in its performance, the Director shall conduct

19 a new competition to select an operator for the Center or

20 may close the Center.’’ after ‘‘at declining levels.’’.

21 (b) FEDERAL SHARE.—Section 25 of the National In22 stitute of Standards and Technology Act (15 U.S.C. 278k)

23 is amended by striking subsection (d) and inserting the fol24 lowing:
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1 ‘‘(d) ACCEPTANCE OF FUNDS.—In addition to such

2 sums as may be appropriated to the Secretary and Director

3 to operate the Centers program, the Secretary and Director

4 also may accept funds from other Federal departments and

5 agencies and under section 2(c)(7) from the private sector

6 for the purpose of strengthening United States manufac7 turing. Such funds from the private sector, if allocated to

8 a Center or Centers, shall not be considered in the calcula9 tion of the Federal share of capital and annual operating

10 and maintenance costs under subsection (c).’’.

11 SEC. 1405. EXPERIMENTAL PROGRAM TO STIMULATE COM12 PETITIVE TECHNOLOGY.

13 (a) IN GENERAL.—The Director of the National Insti14 tutes of Standards and Technology shall re-establish the Ex15 perimental Program to Stimulate Competitive Technology.

16 The purpose of the program shall be to strengthen the tech17 nological competitiveness of those States that have histori18 cally received less Federal research and development funds

19 than a majority of the States have received.

20 (b) ARRANGEMENTS.—In carrying out the program,

21 the Director shall cooperate with State, regional, or local

22 science and technology-based economic development organi23 zation and with representatives of small business firms and

24 other appropriate technology-based businesses.
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1 (c) GRANTS AND COOPERATIVE AGREEMENTS.—In

2 carrying out the program, the Director may make grants

3 or enter into cooperative agreements to provide for—

4 (1) technology research and development;

5 (2) technology transfer from university research;

6 (3) technology deployment and diffusion; and

7 (4) the strengthening of technological and inno8 vation capabilities through consortia comprised of—

9 (A) technology-based small business firms;

10 (B) industries and emerging companies;

11 (C) institutions of higher education includ12 ing community colleges; and

13 (D) State and local development agencies

14 and entities.

15 (d) REQUIREMENTS FOR MAKING AWARDS.—

16 (1) IN GENERAL.—In making awards under this

17 section, the Director shall ensure that the awards are

18 awarded on a competitive basis that includes a review

19 of the merits of the activities that are the subject of

20 the award, giving special emphasis to those projects

21 which will increase the participation of women, Na22 tive Americans (including Native Hawaiians and

23 Alaska Natives), and underrepresented groups in

24 science and technology.
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1 (2) MATCHING REQUIREMENT.—The non-Federal

2 share of the activities (other than planning activities)

3 carried out under an award under this subsection

4 shall be not less than 50 percent of the cost of those

5 activities.

6 (e) CRITERIA FOR STATES.—The Director shall estab7 lish criteria for achievement by each State that participates

8 in the program. Upon the achievement of all such criteria,

9 a State shall cease to be eligible to participate in the pro10 gram.

11 (f) COORDINATION.—To the extent practicable, in car12 rying out this subsection, the Director shall coordinate the

13 program with other programs of the Department of Com14 merce.

15 (g) REPORT.—

16 (1) IN GENERAL.—Not later than 90 days after

17 the date of enactment of this Act, the Director shall

18 prepare and submit to the Committee on Commerce,

19 Science, and Transportation of the Senate and the

20 Committee on Science of the House of Representatives

21 a report that meets the requirements of this sub22 section.

23 (2) REQUIREMENTS FOR REPORT.—The report

24 required by this subsection shall contain—
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1 (A) a description of the structure and proce2 dures of the program;

3 (B) a management plan for the program;

4 (C) a description of the merit-based review

5 process to be used in the program;

6 (D) milestones for the evaluation of activi7 ties to be assisted under the program in fiscal

8 year 2008;

9 (E) an assessment of the eligibility of each

10 State that participates in the Experimental Pro11 gram to Stimulate Competitive Research of the

12 National Science Foundation to participate in

13 the program under this subsection; and

14 (F) the evaluation criteria with respect to

15 which the overall management and effectiveness

16 of the program will be evaluated.

17 SEC. 1406. TECHNICAL AMENDMENTS TO THE NATIONAL IN18 STITUTE OF STANDARDS AND TECHNOLOGY

19 ACT AND OTHER TECHNICAL AMENDMENTS.

20 (a) RESEARCH FELLOWSHIPS.—Section 18 of the Na21 tional Institute of Standards and Technology Act (15

22 U.S.C. 278g–1) is amended by striking ‘‘up to 1 per centum

23 of the’’ in the first sentence.

24 (b) FINANCIAL AGREEMENTS.—
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1 (1) CLARIFICATION.—Section 2(b)(4) of the Na2 tional Institute of Standards and Technology Act (15

3 U.S.C. 272(b)(4)) is amended by inserting ‘‘and

4 grants and cooperative agreements,’’ after ‘‘arrange5 ments,’’.

6 (2) MEMBERSHIPS.—Section 2(c) of the National

7 Institute of Standards and Technology Act (15 U.S.C.

8 272(c)) is amended—

9 (A) by striking ‘‘and’’ after the semicolon in

10 paragraph (21);

11 (B) by redesignating paragraph (22) as

12 paragraph (23); and

13 (C) by inserting after paragraph (21) the

14 following:

15 ‘‘(22) notwithstanding subsection (b)(4) of this

16 section, sections 6301 through 6308 of title 31, United

17 States Code (commonly known as the ‘Grants and Co18 operative Agreements Act’), sections 3551 through

19 3556 of such title (commonly known as the ‘Competi20 tion in Contracting Act’), and the Federal Acquisi21 tion Regulations set forth in title 48, Code of Federal

22 Regulations, to expend appropriated funds for Na23 tional Institute of Standards and Technology mem24 berships in scientific organizations, registration fees
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1 for attendance at conferences, and sponsorship of con2 ferences in furtherance of technology transfer; and’’.

3 (c) OUTDATED SPECIFICATIONS.—

4 (1) REDEFINITION OF METRIC SYSTEM.—Section

5 2 of the Act of July 28, 1866, entitled ‘‘An Act to au6 thorize the Use of the Metric System of Weights and

7 Measures’’ (15 U.S.C. 205; 14 Stat. 339) is amended

8 to read as follows:

9 ‘‘SEC. 2. METRIC SYSTEM DEFINED.

10 ‘‘The metric system of measurement shall be defined

11 as the International System of Units as established in 1960,

12 and subsequently maintained, by the General Conference of

13 Weights and Measures, and as interpreted or modified for

14 the United States by the Secretary of Commerce.’’.

15 (2) REPEAL OF REDUNDANT AND OBSOLETE AU16 THORITY.—The Act of July 21, 1950, entitled, ‘‘An

17 Act To redefine the units and establish the standards

18 of electrical and photometric measurements of 1950’’

19 (15 U.S.C. 223) is hereby repealed.

20 (3) IDAHO TIME ZONE.—Section 3 of the Act of

21 March 19, 1918, (commonly known as the ‘‘Calder

22 Act’’) (15 U.S.C. 264) is amended—

23 (A) in the section heading, by striking

24 ‘‘third zone’’ and inserting ‘‘fourth zone’’;

25 and
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1 (B) by striking ‘‘third zone’’ and inserting

2 ‘‘fourth zone’’.

3 (4) STANDARD TIME.—Section 1 of the Act of

4 March 19, 1918, (commonly known as the ‘‘Calder

5 Act’’) (15 U.S.C. 261) is amended—

6 (A) by inserting ‘‘(a) IN GENERAL.—’’ be7 fore ‘‘For the purpose’’;

8 (B) by striking the second sentence and the

9 extra period after it and inserting ‘‘Except as

10 provided in section 3(a) of the Uniform Time

11 Act of 1966 (15 U.S.C. 260a), the standard time

12 of the first zone shall be Coordinated Universal

13 Time retarded by 4 hours; that of the second zone

14 retarded by 5 hours; that of the third zone re15 tarded by 6 hours; that of the fourth zone re16 tarded by 7 hours; that of the fifth zone retarded

17 8 hours; that of the sixth zone retarded by 9

18 hours; that of the seventh zone retarded by 10

19 hours; that of the eighth zone retarded by 11

20 hours; and that of the ninth zone shall be Coordi21 nated Universal Time advanced by 10 hours.’’;

22 and

23 (C) by adding at the end the following:

24 ‘‘(b) COORDINATED UNIVERSAL TIME DEFINED.—In

25 this section, the term ‘Coordinated Universal Time’ means
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1 the time scale maintained through the General Conference

2 of Weights and Measures and interpreted or modified for

3 the United States by the Secretary of Commerce in coordi4 nation with the Secretary of the Navy.’’.

5 (d) NON-ENERGY INVENTIONS PROGRAM.—Section 27

6 of the National Institute of Standards and Technology Act

7 (15 U.S.C. 278m) is repealed.

8 SEC. 1407. CLARIFICATION OF ELIGIBLE CONTRIBUTIONS

9 IN CONNECTION WITH REGIONAL CENTERS

10 RESPONSIBLE FOR IMPLEMENTING THE OB11 JECTIVES OF THE HOLLINGS MANUFAC12 TURING PARTNERSHIP PROGRAM.

13 Paragraph (3) of section 25(c) of the National Insti14 tute of Standards and Technology Act (15 U.S.C.

15 278k(c)(3)) is amended to read as follows:

16 ‘‘(3) FINANCIAL SUPPORT.—

17 ‘‘(A) IN GENERAL.—Any nonprofit institu18 tion, or group thereof, or consortia of nonprofit

19 institutions, including entities existing on Au20 gust 23, 1988, may submit to the Secretary an

21 application for financial support under this sub22 section, in accordance with the procedures estab23 lished by the Secretary and published in the Fed24 eral Register under paragraph (2).
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1 ‘‘(B) CENTER CONTRIBUTIONS.—In order to

2 receive assistance under this section, an appli3 cant for financial assistance under subparagraph

4 (A) shall provide adequate assurances that non5 Federal assets obtained from the applicant and

6 the applicant’s partnering organizations will be

7 used as a funding source to meet not less than

8 50 percent of the costs incurred for the first 3

9 years and an increasing share for each of the

10 last 3 years. For purposes of the preceding sen11 tence, the costs incurred means the costs incurred

12 in connection with the activities undertaken to

13 improve the management, productivity, and

14 technological performance of small- and medium15 sized manufacturing companies.

16 ‘‘(C) AGREEMENTS WITH OTHER ENTI17 TIES.—In meeting the 50 percent requirement, it

18 is anticipated that a Center will enter into

19 agreements with other entities such as private

20 industry, universities, and State governments to

21 accomplish programmatic objectives and access

22 new and existing resources that will further the

23 impact of the Federal investment made on behalf

24 of small- and medium-sized manufacturing com25 panies. All non-Federal costs, contributed by
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1 such entities and determined by a Center as pro2 grammatically reasonable and allocable are in3 cludable as a portion of the Center’s contribu4 tion.

5 ‘‘(D) ALLOCATION OF LEGAL RIGHTS.—

6 Each applicant under subparagraph (A) shall

7 also submit a proposal for the allocation of any

8 legal right associated with any invention that

9 may result from an activity of a Center for

10 which such applicant receives financial assist11 ance under this section.’’.

12 TITLE V—OCEAN AND

13 ATMOSPHERIC PROGRAMS

14 SEC. 1501. OCEAN AND ATMOSPHERIC RESEARCH AND DE15 VELOPMENT PROGRAM.

16 The Administrator of the National Oceanic and At17 mospheric Administration, in consultation with the Direc18 tor of the National Science Foundation and the Adminis19 trator of the National Aeronautics and Space Administra20 tion, shall establish a coordinated program of ocean, coast21 al, Great Lakes, and atmospheric research and development,

22 in collaboration with academic institutions and other non23 governmental entities, that shall focus on the development

24 of advanced technologies and analytical methods that will

25 promote United States leadership in ocean and atmospheric
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1 science and competitiveness in the applied uses of such

2 knowledge.

3 SEC. 1502. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDU4 CATION PROGRAMS.

5 (a) IN GENERAL.—The Administrator of the National

6 Oceanic and Atmospheric Administration shall conduct, de7 velop, support, promote, and coordinate formal and infor8 mal educational activities at all levels to enhance public

9 awareness and understanding of ocean, coastal, Great

10 Lakes, and atmospheric science and stewardship by the gen11 eral public and other coastal stakeholders, including under12 represented groups in ocean and atmospheric science and

13 policy careers. In conducting those activities, the Adminis14 trator shall build upon the educational programs and ac15 tivities of the agency.

16 (b) NOAA SCIENCE EDUCATION PLAN.—The Adminis17 trator, appropriate National Oceanic and Atmospheric Ad18 ministration programs, ocean atmospheric science and edu19 cation experts, and interested members of the public shall

20 develop a science education plan setting forth education

21 goals and strategies for the Administration, as well as pro22 grammatic actions to carry out such goals and priorities

23 over the next 20 years, and evaluate and update such plan

24 every 5 years.
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1 (c) CONSTRUCTION.—Nothing in this section may be

2 construed to affect the application of section 438 of the Gen3 eral Education Provisions Act (20 U.S.C. 1232a) or sec4 tions 504 and 508 of the Rehabilitation Act of 1973 (29

5 U.S.C. 794 and 794d).

6 SEC. 1503. NOAA’S CONTRIBUTION TO INNOVATION.

7 (a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—

8 The National Oceanic and Atmospheric Administration

9 shall be a full participant in any interagency effort to pro10 mote innovation and economic competitiveness through

11 near-term and long-term basic scientific research and devel12 opment and the promotion of science, technology, engineer13 ing, and mathematics education, consistent with the agency

14 mission, including authorized activities.

15 (b) HISTORIC FOUNDATION.—In order to carry out the

16 participation described in subsection (a), the Administrator

17 of the National Oceanic and Atmospheric Administration

18 shall build on the historic role of the National Oceanic and

19 Atmospheric Administration in stimulating excellence in

20 the advancement of ocean and atmospheric science and en21 gineering disciplines and in providing opportunities and

22 incentives for the pursuit of academic studies in science,

23 technology, engineering, and mathematics.
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1 SEC. 1504. NOAA ACCOUNTABILITY AND TRANSPARENCY.

2 (a) REVIEW OF ACTIVITIES CARRIED OUT WITH

3 NOAA FUNDS.—

4 (1) REQUIREMENT FOR REVIEW.—The Inspector

5 General of the Department of Commerce shall conduct

6 routine, independent reviews of the activities carried

7 out with grants or other financial assistance made

8 available by the Administrator of the National Oce9 anic and Atmospheric Administration. Such reviews

10 shall include cost-benefit analysis of such activities

11 and reviews to determine if the goals of such activities

12 are being accomplished.

13 (2) AVAILABILITY TO THE PUBLIC.—The Admin14 istrator shall make each review conducted pursuant to

15 paragraph (1) available to the public through the

16 website of the Administration not later than 60 days

17 after the date such review is completed.

18 (b) PROHIBITION ON USE OF NOAA FUNDS FOR

19 MEETINGS.—No funds made available by the Adminis20 trator through a grant or contract may be used by the per21 son who received such grant or contract, including any sub22 contractor to such person, for a banquet or conference, other

23 than a conference related to training or a routine meeting

24 with officers or employees of the Administration to discuss

25 an ongoing project or training.
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1 (c) PROHIBITION ON CONFLICTS OF INTEREST.—Each

2 person who receives funds from the Administrator through

3 a grant or contract shall submit to the Administrator a cer4 tification stating that none of such funds will be made

5 available through a subcontract or in any other manner to

6 another person who has a financial interest or other conflict

7 of interest with the person who received such funds from

8 the Administrator.

9 DIVISION B—DEPARTMENT OF

10 ENERGY

11 SEC. 2001. SHORT TITLE.

12 This division may be cited as the ‘‘Protecting Amer13 ica’s Competitive Edge Through Energy Act’’ or the

14 ‘‘PACE–Energy Act’’.

15 SEC. 2002. DEFINITIONS.

16 In this division:

17 (1) DEPARTMENT.—The term ‘‘Department’’

18 means the Department of Energy.

19 (2) INSTITUTION OF HIGHER EDUCATION.—The

20 term ‘‘institution of higher education’’ has the mean21 ing given in section 101(a) of the Higher Education

22 Act of 1965 (20 U.S.C. 1001(a)).

23 (3) NATIONAL LABORATORY.—The term ‘‘Na24 tional Laboratory’’ has the meaning given the term in
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1 section 2 of the Energy Policy Act of 2005 (42 U.S.C.

2 15801).

3 (4) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Energy, acting through the Under

5 Secretary for Science appointed under section 202(b)

6 of the Department of Energy Organization Act (42

7 U.S.C. 7132(b)).

8 SEC. 2003. MATHEMATICS, SCIENCE, AND ENGINEERING

9 EDUCATION AT THE DEPARTMENT OF EN10 ERGY.

11 (a) SCIENCE EDUCATION PROGRAMS.—Section 3164 of

12 the Department of Energy Science Education Enhancement

13 Act (42 U.S.C. 7381a) is amended—

14 (1) by redesignating subsections (b) through (d)

15 as subsections (c) through (e), respectively;

16 (2) by inserting after subsection (a) the fol17 lowing:

18 ‘‘(b) ORGANIZATION OF MATHEMATICS, SCIENCE, AND

19 ENGINEERING EDUCATION PROGRAMS.—

20 ‘‘(1) DIRECTOR OF MATHEMATICS, SCIENCE AND

21 ENGINEERING EDUCATION.—Notwithstanding any

22 other provision of law, the Secretary, acting through

23 the Under Secretary for Science (referred to in this

24 subsection as the ‘Under Secretary’), shall appoint a

25 Director of Mathematics, Science, and Engineering
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1 Education (referred to in this subsection as the ‘Di2 rector’) with the principal responsibility for admin3 istering mathematics, science, and engineering edu4 cation programs across all functions of the Depart5 ment.

6 ‘‘(2) QUALIFICATIONS.—The Director shall be an

7 individual, who by reason of professional background

8 and experience, is specially qualified to advise the

9 Under Secretary on all matters pertaining to mathe10 matics, science, and engineering education at the De11 partment.

12 ‘‘(3) DUTIES.—The Director shall—

13 ‘‘(A) oversee all mathematics, science, and

14 engineering education programs of the Depart15 ment;

16 ‘‘(B) represent the Department as the prin17 cipal interagency liaison for all mathematics,

18 science, and engineering education programs,

19 unless otherwise represented by the Secretary or

20 the Under Secretary;

21 ‘‘(C) prepare the annual budget and advise

22 the Under Secretary on all budgetary issues for

23 mathematics, science, and engineering education

24 programs of the Department;
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1 ‘‘(D) increase, to the maximum extent prac2 ticable, the participation and advancement of

3 women and underrepresented minorities at every

4 level of science, technology, engineering, and

5 mathematics education; and

6 ‘‘(E) perform other such matters related to

7 mathematics, science, and engineering education

8 as are required by the Secretary or the Under

9 Secretary.

10 ‘‘(4) STAFF AND OTHER RESOURCES.—The Sec11 retary shall assign to the Director such personnel and

12 other resources as the Secretary considers necessary to

13 permit the Director to carry out the duties of the Di14 rector.

15 ‘‘(5) ASSESSMENT.—

16 ‘‘(A) IN GENERAL.—The Secretary shall

17 offer to enter into a contract with the National

18 Academy of Sciences under which the National

19 Academy, not later than 5 years after, and not

20 later than 10 years after, the date of enactment

21 of this paragraph, shall assess the performance of

22 the mathematics, science, and engineering edu23 cation programs of the Department.

24 ‘‘(B) CONSIDERATIONS.—An assessment

25 under this paragraph shall be conducted taking
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1 into consideration, where applicable, the effect of

2 mathematics, science, and engineering education

3 programs of the Department on student aca4 demic achievement in math and science.

5 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

6 There are authorized to be appropriated such sums as

7 are necessary to carry out this subsection.’’; and

8 (3) by striking subsection (d) (as redesignated by

9 paragraph (1)) and inserting the following:

10 ‘‘(d) MATHEMATICS, SCIENCE, AND ENGINEERING

11 EDUCATION FUND.—The Secretary shall establish a Mathe12 matics, Science, and Engineering Education Fund, using

13 not less than 0.3 percent of the amount made available to

14 the Department for research, development, demonstration,

15 and commercial application for each fiscal year, to carry

16 out sections 3165, 3166, and 3167.’’.

17 (b) CONSULTATION.—The Secretary shall—

18 (1) consult with the Secretary of Education re19 garding activities authorized under subpart B of the

20 Department of Energy Science Education Enhance21 ment Act (as added by subsection (d)(3)) to improve

22 mathematics and science education; and

23 (2) otherwise make available to the Secretary of

24 Education reports associated with programs author25 ized under that section.
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1 (c) DEFINITION.—Section 3168 of the Department of

2 Energy Science Education Enhancement Act (42 U.S.C.

3 7381d) is amended by adding at the end the following:

4 ‘‘(5) NATIONAL LABORATORY.—The term ‘Na5 tional Laboratory’ has the meaning given the term in

6 section 2 of the Energy Policy Act of 2005 (42 U.S.C.

7 15801).’’.

8 (d) MATHEMATICS, SCIENCE, AND ENGINEERING EDU9 CATION PROGRAMS.—The Department of Energy Science

10 Education Enhancement Act (42 U.S.C. 7381 et seq.) is

11 amended—

12 (1) by inserting after section 3162 the following:

13 ‘‘Subpart A—Science Education Enhancement’’;

14 (2) in section 3169, by striking ‘‘part’’ and in15 serting ‘‘subpart’’; and

16 (3) by adding at the end the following:

17 ‘‘Subpart B—Mathematics, Science, and Engineering

18 Education Programs

19 ‘‘SEC. 3170. DEFINITIONS.

20 ‘‘In this subpart:

21 ‘‘(1) DIRECTOR.—The term ‘Director’ means the

22 Director of Mathematics, Science, and Engineering

23 Education.

24 ‘‘(2) NATIONAL LABORATORY.—The term ‘Na25 tional Laboratory’ has the meaning given the term in
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1 section 2 of the Energy Policy Act of 2005 (42 U.S.C.

2 15801).

3 ‘‘CHAPTER 1—ASSISTANCE FOR SPE4 CIALTY SCHOOLS FOR MATHEMATICS

5 AND SCIENCE

6 ‘‘SEC. 3171. SPECIALTY SCHOOLS FOR MATHEMATICS AND

7 SCIENCE.

8 ‘‘(a) PURPOSE.—The purpose of this section is to pro9 vide assistance to States to establish or expand public, state10 wide specialty secondary schools that provide comprehensive

11 mathematics and science (including engineering and tech12 nology) education to improve the academic achievement of

13 students in mathematics and science.

14 ‘‘(b) DEFINITION OF SPECIALTY SCHOOL FOR MATHE15 MATICS AND SCIENCE.—In this chapter, the term ‘specialty

16 school for mathematics and science’ means a public sec17 ondary school (including a school that provides residential

18 services to students) that—

19 ‘‘(1) serves students residing in the State in

20 which the school is located; and

21 ‘‘(2) offers to those students a high-quality, com22 prehensive mathematics and science (including engi23 neering and technology) curriculum designed to im24 prove the academic achievement of students in mathe25 matics and science.
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1 ‘‘(c) GRANTS AUTHORIZED.—

2 ‘‘(1) IN GENERAL.—From the amounts author3 ized under subsection (i), the Secretary, acting

4 through the Director, shall award grants, on a com5 petitive basis, to States in order to provide assistance

6 to the States for the costs of establishing or expanding

7 public, statewide specialty schools for mathematics

8 and science.

9 ‘‘(2) RESOURCES.—The Director shall ensure

10 that appropriate resources of the Department, includ11 ing the National Laboratories, are available to schools

12 funded under this section in order to—

13 ‘‘(A) increase experiential, hands-on learn14 ing opportunities in mathematics, science, engi15 neering, and technology for students attending

16 such schools; and

17 ‘‘(B) provide ongoing professional develop18 ment opportunities for teachers employed at such

19 schools.

20 ‘‘(3) ASSISTANCE.—Consistent with sections

21 3165 and 3166, the Director shall make available nec22 essary funds for a program using scientific and engi23 neering staff of the National Laboratories, during

24 which the staff—
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1 ‘‘(A) assists teachers in teaching courses at

2 the schools funded under this section;

3 ‘‘(B) uses National Laboratory scientific

4 equipment in teaching the courses; and

5 ‘‘(C) uses distance education and other tech6 nologies to provide assistance described in sub7 paragraphs (A) and (B) to schools funded under

8 this section that are not located near the Na9 tional Laboratories.

10 ‘‘(4) RESTRICTION.—No State shall receive fund11 ing for more than 1 specialty school for mathematics

12 and science for a fiscal year.

13 ‘‘(d) FEDERAL AND NON-FEDERAL SHARES.—

14 ‘‘(1) FEDERAL SHARE.—The Federal share of the

15 costs described in subsection (c)(1) shall not exceed 50

16 percent.

17 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

18 share of the costs described in subsection (c)(1) shall

19 be—

20 ‘‘(A) not less than 50 percent; and

21 ‘‘(B) provided from non-Federal sources, in

22 cash or in kind, fairly evaluated, including serv23 ices.

24 ‘‘(e) APPLICATION.—Each State desiring a grant

25 under this section shall submit an application to the Direc-
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1 tor at such time, in such manner, and accompanied by such

2 information as the Director may require that describes—

3 ‘‘(1) the process by which and selection criteria

4 with which the State will select and designate a school

5 as a specialty school for mathematics and science in

6 accordance with this section;

7 ‘‘(2) how the State will ensure that funds made

8 available under this section are used to establish or

9 expand a specialty school for mathematics and

10 science—

11 ‘‘(A) in accordance with the activities de12 scribed in subsection (g); and

13 ‘‘(B) that has the capacity to improve the

14 academic achievement of all students in all core

15 academic subjects, and particularly in mathe16 matics and science;

17 ‘‘(3) how the State will measure the extent to

18 which the school increases student academic achieve19 ment on State academic achievement standards in

20 mathematics, science, and, to the extent applicable,

21 technology and engineering;

22 ‘‘(4) the curricula and materials to be used in

23 the school;
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1 ‘‘(5) the availability of funds from non-Federal

2 sources for the non-Federal share of the costs of the

3 activities authorized under this section; and

4 ‘‘(6) how the State will use technical assistance

5 and support from the Department, including the Na6 tional Laboratories, and other entities with experience

7 and expertise in mathematics, science, technology,

8 and engineering education, including institutions of

9 higher education.

10 ‘‘(f) DISTRIBUTION.—In awarding grants under this

11 section, the Director shall—

12 ‘‘(1) ensure a wide, equitable distribution among

13 States that propose to serve students from urban and

14 rural areas; and

15 ‘‘(2) provide equal consideration to States with16 out National Laboratories.

17 ‘‘(g) USES OF FUNDS.—

18 ‘‘(1) IN GENERAL.—A State that receives a grant

19 under this section shall use the funds made available

20 through the grant to—

21 ‘‘(A) employ proven strategies and methods

22 for improving student learning and teaching in

23 mathematics, science, technology, and engineer24 ing;
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1 ‘‘(B) integrate into the curriculum of the

2 school comprehensive mathematics and science

3 education, including instruction and assessments

4 in mathematics, science, and to the extent appli5 cable, technology and engineering that are

6 aligned with the State’s academic content and

7 student academic achievement standards (within

8 the meaning of section 1111 of the Elementary

9 and Secondary Education Act of 1965 (20

10 U.S.C. 6311)), classroom management, profes11 sional development, parental involvement, and

12 school management; and

13 ‘‘(C) provide high-quality and continuous

14 teacher and staff professional development.

15 ‘‘(2) SPECIAL RULE.—Grant funds under this

16 section may be used for activities described in para17 graph (1) only if the activities are directly related to

18 improving student academic achievement in mathe19 matics, science, and to the extent applicable, tech20 nology and engineering.

21 ‘‘(h) EVALUATION AND REPORT.—

22 ‘‘(1) STATE EVALUATION AND REPORT.—

23 ‘‘(A) EVALUATION.—Each State that re24 ceives a grant under this section shall develop

25 and carry out an evaluation and accountability
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1 plan for the activities funded through the grant

2 that measures the impact of the activities, in3 cluding measurable objectives for improved stu4 dent academic achievement on State mathe5 matics, science, and, to the extent applicable,

6 technology and engineering assessments.

7 ‘‘(B) REPORT.—The State shall submit to

8 the Director a report containing the results of the

9 evaluation and accountability plan.

10 ‘‘(2) REPORT TO CONGRESS.—Not later than 2

11 years after the date of enactment of the PACE–En12 ergy Act, the Director shall submit a report to the ap13 propriate committees of Congress detailing the impact

14 of the activities assisted with funds made available

15 under this section.

16 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are

17 authorized to be appropriated to carry out this section—

18 ‘‘(1) $20,000,000 for fiscal year 2008;

19 ‘‘(2) $30,000,000 for fiscal year 2009;

20 ‘‘(3) $40,000,000 for fiscal year 2010; and

21 ‘‘(4) $50,000,000 for fiscal year 2011.
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1 ‘‘CHAPTER 2—EXPERIENTIAL-BASED

2 LEARNING OPPORTUNITIES

3 ‘‘SEC. 3175. EXPERIENTIAL-BASED LEARNING OPPORTUNI4 TIES.

5 ‘‘(a) INTERNSHIPS AUTHORIZED.—

6 ‘‘(1) IN GENERAL.—From the amounts author7 ized under subsection (f), the Secretary, acting

8 through the Director, shall establish a summer intern9 ship program for middle school and secondary school

10 students that shall—

11 ‘‘(A) provide the students with internships

12 at the National Laboratories;

13 ‘‘(B) promote experiential, hands-on learn14 ing in mathematics, science, technology, or engi15 neering; and

16 ‘‘(C) be of at least 2 weeks in duration.

17 ‘‘(2) RESIDENTIAL SERVICES.—The Director

18 may provide residential services to students partici19 pating in the Internship authorized under this chap20 ter.

21 ‘‘(b) SELECTION CRITERIA.—

22 ‘‘(1) IN GENERAL.—The Director shall establish

23 criteria to determine the sufficient level of academic

24 preparedness necessary for a student to be eligible for

25 an internship under this section.
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1 ‘‘(2) PARTICIPATION.—The Director shall ensure

2 the participation of students from a wide distribution

3 of States, including States without National Labora4 tories.

5 ‘‘(3) STUDENT ACHIEVEMENT.—The Director

6 may consider the academic achievement of middle

7 and secondary school students in determining eligi8 bility under this section, in accordance with sub9 section (1) and (2).

10 ‘‘(c) PRIORITY.—

11 ‘‘(1) IN GENERAL.—The Director shall give pri12 ority for an internship under this section to a student

13 who meets the eligibility criteria described in sub14 section (b) and who attends a school—

15 ‘‘(A)(i) in which not less than 30 percent of

16 the children enrolled in the school are from low17 income families; or

18 ‘‘(ii) that is designated with a school locale

19 code of 6, 7, or 8, as determined by the Secretary

20 of Education; and

21 ‘‘(B) for which there is—

22 ‘‘(i) a high percentage of teachers who

23 are not teaching in the academic subject

24 areas or grade levels in which the teachers

25 were trained to teach;
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1 ‘‘(ii) a high teacher turnover rate; or

2 ‘‘(iii) a high percentage of teachers

3 with emergency, provisional, or temporary

4 certification or licenses.

5 ‘‘(2) COORDINATION.—The Director shall consult

6 with the Secretary of Education in order to determine

7 whether a student meets the priority requirements of

8 this subsection.

9 ‘‘(d) OUTREACH AND EXPERIENTIAL-BASED PRO10 GRAMS FOR MINORITY STUDENTS.—

11 ‘‘(1) IN GENERAL.—The Secretary, acting

12 through the Director, in cooperation with Hispanic13 serving institutions, historically Black colleges and

14 universities, tribally controlled colleges and univer15 sities, Alaska Native- and Native Hawaiian-serving

16 institutions, and other minority-serving institutions

17 and nonprofit entities with substantial experience re18 lating to outreach and experiential-based learning

19 projects, shall establish outreach and experiential20 based learning programs that will encourage under21 represented minority students in kindergarten

22 through grade 12 to pursue careers in math, science,

23 and engineering.

24 ‘‘(2) COMMUNITY INVOLVEMENT.—The Secretary

25 shall ensure that the programs established under
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1 paragraph (1) involve, to the maximum extent

2 practicable—

3 ‘‘(A) participation by parents and edu4 cators; and

5 ‘‘(B) the establishment of partnerships with

6 business organizations and appropriate Federal,

7 State, and local agencies.

8 ‘‘(3) DISTRIBUTION.—The Secretary shall ensure

9 that the programs established under paragraph (1)

10 are located in diverse geographic regions of the

11 United States, to the maximum extent practicable.

12 ‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—The

13 Director shall develop an evaluation and accountability

14 plan for the activities funded under this chapter that objec15 tively measures the impact of the activities.

16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $15,000,000 for each of fiscal years 2008 through 2011.
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1 ‘‘CHAPTER 3—NATIONAL LABORATORIES

2 CENTERS OF EXCELLENCE IN MATHE3 MATICS, SCIENCE, TECHNOLOGY, AND

4 ENGINEERING EDUCATION

5 ‘‘SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCEL6 LENCE IN MATHEMATICS, SCIENCE, TECH7 NOLOGY, AND ENGINEERING EDUCATION.

8 ‘‘(a) DEFINITION OF HIGH-NEED PUBLIC SECONDARY

9 SCHOOL.—In this chapter, the term ‘high-need public sec10 ondary school’ means a secondary school—

11 ‘‘(1) with a high concentration of low-income in12 dividuals (as defined in section 1707 of the Elemen13 tary and Secondary Education Act of 1965 (20

14 U.S.C. 6537)); or

15 ‘‘(2) designated with a school locale code of 6, 7,

16 or 8, as determined by the Secretary of Education.

17 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish

18 at each of the National Laboratories a program to support

19 a Center of Excellence in Mathematics, Science, Technology,

20 and Engineering at 1 high-need public secondary school lo21 cated in the region of the National Laboratory to provide

22 assistance in accordance with subsection (f).

23 ‘‘(c) PARTNERSHIP.—Each high-need public secondary

24 school selected as a Center of Excellence shall form a part25 nership with a department that provides training for teach-
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1 ers and principals at an institution of higher education for

2 purposes of compliance with subsection (g).

3 ‘‘(d) SELECTION.—

4 ‘‘(1) IN GENERAL.—The Secretary, acting

5 through the Director, shall establish criteria to guide

6 the National Laboratories in selecting the sites of the

7 Centers of Excellence.

8 ‘‘(2) PROCESS.—The National Laboratories shall

9 select the sites of the Centers of Excellence through an

10 open, widely publicized, and competitive process.

11 ‘‘(e) GOALS.—The Secretary shall establish goals and

12 performance assessments for each Center of Excellence au13 thorized under subsection (b).

14 ‘‘(f) ASSISTANCE.—Consistent with sections 3165 and

15 3166, the Director shall make available necessary funds for

16 a program using scientific and engineering staff of the Na17 tional Laboratories, during which the staff—

18 ‘‘(1) assists teachers in teaching courses at the

19 Centers of Excellence in Mathematics, Science, Tech20 nology, and Engineering; and

21 ‘‘(2) uses National Laboratory scientific equip22 ment in the teaching of the courses.

23 ‘‘(g) SPECIAL RULE.—Each Center of Excellence shall

24 ensure—
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1 ‘‘(1) provision of clinical practicum, student

2 teaching, or internship experiences for mathematics,

3 science, and technology teacher candidates as part of

4 its teacher preparation program;

5 ‘‘(2) provision of supervision and mentoring for

6 teacher candidates in the teacher preparation pro7 gram; and

8 ‘‘(3) to the maximum extent practicable, provi9 sion of professional development for veteran teachers

10 in the public secondary schools in the region.

11 ‘‘(h) EVALUATION.—The Secretary shall consider the

12 results of performance assessments required under sub13 section (e) in determining the contract award fee of a Na14 tional Laboratory management and operations contractor.

15 ‘‘(i) PLAN.—The Director shall—

16 ‘‘(1) develop an evaluation and accountability

17 plan for the activities funded under this chapter that

18 objectively measures the impact of the activities; and

19 ‘‘(2) disseminate information obtained from

20 those measurements.

21 ‘‘(j) NO EFFECT ON SIMILAR PROGRAMS.—Nothing in

22 this section displaces or otherwise affects any similar pro23 gram being carried out as of the date of enactment of this

24 subpart at any National Laboratory under any other provi25 sion of law.
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1 ‘‘CHAPTER 4—SUMMER INSTITUTES

2 ‘‘SEC. 3185. SUMMER INSTITUTES.

3 ‘‘(a) DEFINITIONS.—In this section:

4 ‘‘(1) ELIGIBLE PARTNER.—The term ‘eligible

5 partner’ means—

6 ‘‘(A) the mathematics, science, or engineer7 ing department at an institution of higher edu8 cation, acting in coordination with a depart9 ment at an institution of higher education that

10 provides training for teachers and principals; or

11 ‘‘(B) a nonprofit entity with expertise in

12 providing professional development for mathe13 matics, science, or technology teachers.

14 ‘‘(2) SUMMER INSTITUTE.—The term ‘summer

15 institute’ means an institute, conducted during the

16 summer, that—

17 ‘‘(A) is conducted for a period of not less

18 than 2 weeks;

19 ‘‘(B) includes, as a component, a program

20 that provides direct interaction between students

21 and faculty, including personnel of 1 or more

22 National Laboratories who have scientific exper23 tise; and
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1 ‘‘(C) provides for follow-up training, during

2 the academic year, that is conducted in the class3 room.

4 ‘‘(b) SUMMER INSTITUTE PROGRAMS AUTHORIZED.—

5 ‘‘(1) PROGRAMS AT THE NATIONAL LABORA6 TORIES.—The Secretary, acting through the Director,

7 shall establish or expand programs of summer insti8 tutes at each of the National Laboratories to provide

9 additional training to strengthen the mathematics,

10 science, technology, and engineering teaching skills of

11 teachers employed at public schools for kindergarten

12 through grade 12, in accordance with the activities

13 authorized under subsections (c) and (d).

14 ‘‘(2) PROGRAMS WITH ELIGIBLE PARTNERS.—

15 ‘‘(A) IN GENERAL.—The Secretary, acting

16 through the Director, shall identify and provide

17 assistance to eligible partners to establish or ex18 pand programs of summer institutes that pro19 vide additional training to strengthen the mathe20 matics, science, technology, and engineering

21 teaching skills of teachers employed at public

22 schools for kindergarten through grade 12, in ac23 cordance with the activities authorized under

24 subsections (c) and (d).
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1 ‘‘(B) ASSISTANCE.—Consistent with sections

2 3165 and 3166, the Director shall make available

3 necessary funds for a program using scientific

4 and engineering staff of the National Labora5 tories, during which the staff—

6 ‘‘(i) assists in providing training to

7 teachers at summer institutes; and

8 ‘‘(ii) uses National Laboratory sci9 entific equipment in the training.

10 ‘‘(C) LIMITATION OF AMOUNT.—To carry

11 out this paragraph, the Director may use not

12 more than 50 percent of the amounts authorized

13 under subsection (h) for a fiscal year.

14 ‘‘(c) REQUIRED ACTIVITIES.—Each program author15 ized under subsection (b) shall—

16 ‘‘(1) create opportunities for enhanced and ongo17 ing professional development for teachers that im18 proves the mathematics, science, technology, and engi19 neering content knowledge of such teachers;

20 ‘‘(2) include material pertaining to recent devel21 opments in mathematics, science, technology, and en22 gineering pedagogy;

23 ‘‘(3) provide training on the use and integration

24 of technology in the classroom;
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1 ‘‘(4) directly relate to the curriculum and aca2 demic areas in which the teachers provide instruction;

3 ‘‘(5) enhance the ability of the teachers to under4 stand and use the challenging State academic content

5 standards for mathematics, science, and, to the extent

6 applicable, technology and engineering and to select

7 appropriate curricula;

8 ‘‘(6) train teachers to use curricula that are—

9 ‘‘(A) based on scientific research;

10 ‘‘(B) aligned with challenging State aca11 demic content standards; and

12 ‘‘(C) object-centered, experiment-oriented,

13 and concept- and content-based;

14 ‘‘(7) provide professional development activities,

15 including supplemental and follow-up activities; and

16 ‘‘(8) allow for the exchange of best practices

17 among the participants.

18 ‘‘(d) PERMISSIBLE ACTIVITIES.—A program author19 ized under subsection (b) may include—

20 ‘‘(1) a program that provides teachers with op21 portunities to work under the guidance of experienced

22 teachers and college faculty;

23 ‘‘(2) instruction in the use and integration of

24 data and assessments to inform and instruct class25 room practice; and
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1 ‘‘(3) extended master teacher programs.

2 ‘‘(e) PRIORITY.—To the maximum extent practicable,

3 the Director shall ensure that each summer institute pro4 gram authorized under subsection (b) provides training

5 to—

6 ‘‘(1) teachers from a wide range of school dis7 tricts;

8 ‘‘(2) teachers from disadvantaged school districts;

9 and

10 ‘‘(3) teachers from groups underrepresented in

11 the fields of mathematics, science, technology, and en12 gineering teaching, including women and members of

13 minority groups.

14 ‘‘(f) COORDINATION AND CONSULTATION.—The Direc15 tor shall consult and coordinate with the Secretary of Edu16 cation and the Director of the National Science Foundation

17 regarding the implementation of the programs authorized

18 under subsection (b).

19 ‘‘(g) EVALUATION AND ACCOUNTABILITY PLAN.—

20 ‘‘(1) IN GENERAL.—The Director shall develop

21 an evaluation and accountability plan for the activi22 ties funded under this section that measures the im23 pact of the activities.

24 ‘‘(2) CONTENTS.—The evaluation and account25 ability plan shall include—
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1 ‘‘(A) measurable objectives to increase the

2 number of mathematics, science, and technology

3 teachers who participate in the summer insti4 tutes involved; and

5 ‘‘(B) measurable objectives for improved stu6 dent academic achievement on State mathe7 matics, science, and to the extent applicable,

8 technology and engineering assessments.

9 ‘‘(3) REPORT TO CONGRESS.—The Secretary

10 shall submit to Congress with the annual budget sub11 mission of the Secretary a report on how the activities

12 assisted under this section improve the mathematics,

13 science, technology, and engineering teaching skills of

14 participating teachers.

15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this

17 section—

18 ‘‘(1) $25,000,000 for fiscal year 2008;

19 ‘‘(2) $40,000,000 for fiscal year 2009;

20 ‘‘(3) $50,000,000 for fiscal year 2010; and

21 ‘‘(4) $75,000,000 for fiscal year 2011.
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1 ‘‘CHAPTER 5—NUCLEAR SCIENCE

2 EDUCATION

3 ‘‘SEC. 3191. NUCLEAR SCIENCE TALENT EXPANSION PRO4 GRAM FOR INSTITUTIONS OF HIGHER EDU5 CATION.

6 ‘‘(a) PURPOSES.—The purposes of this section are—

7 ‘‘(1) to address the decline in the number of and

8 resources available to nuclear science programs of in9 stitutions of higher education; and

10 ‘‘(2) to increase the number of graduates with

11 degrees in nuclear science, an area of strategic impor12 tance to the economic competitiveness and energy se13 curity of the United States.

14 ‘‘(b) DEFINITION OF NUCLEAR SCIENCE.—In this sec15 tion, the term ‘nuclear science’ includes—

16 ‘‘(1) nuclear science;

17 ‘‘(2) nuclear engineering;

18 ‘‘(3) nuclear chemistry;

19 ‘‘(4) radio chemistry; and

20 ‘‘(5) health physics.

21 ‘‘(c) ESTABLISHMENT.—The Secretary, acting through

22 the Director, shall establish in accordance with this section

23 a program to expand and enhance institution of higher edu24 cation nuclear science educational capabilities.
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1 ‘‘(d) NUCLEAR SCIENCE PROGRAM EXPANSION

2 GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—

3 ‘‘(1) IN GENERAL.—The Secretary, acting

4 through the Director, shall award up to 3 competitive

5 grants for each fiscal year to institutions of higher

6 education that establish new academic degree pro7 grams in nuclear science.

8 ‘‘(2) ELIGIBILITY.—To be eligible for a grant

9 under this subsection, an applicant shall partner with

10 a National Laboratory or other eligible nuclear-re11 lated entity, as determined by the Secretary.

12 ‘‘(3) CRITERIA.—Criteria for a grant awarded

13 under this subsection shall be based on—

14 ‘‘(A) the potential to attract new students to

15 the program;

16 ‘‘(B) academic rigor; and

17 ‘‘(C) the ability to offer hands-on learning

18 opportunities.

19 ‘‘(4) DURATION AND AMOUNT.—

20 ‘‘(A) DURATION.—A grant under this sub21 section shall be 5 years in duration.

22 ‘‘(B) AMOUNT.—An institution of higher

23 education that receives a grant under this sub24 section shall be eligible for up to $1,000,000 for

25 each year of the grant period.
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1 ‘‘(5) USE OF FUNDS.—An institution of higher

2 education that receives a grant under this subsection

3 may use the grant to—

4 ‘‘(A) recruit and retain new faculty;

5 ‘‘(B) develop core and specialized course

6 content;

7 ‘‘(C) encourage collaboration between fac8 ulty and researchers in the nuclear science field;

9 or

10 ‘‘(D) support outreach efforts to recruit stu11 dents.

12 ‘‘(e) NUCLEAR SCIENCE COMPETITIVENESS GRANTS

13 FOR INSTITUTIONS OF HIGHER EDUCATION.—

14 ‘‘(1) IN GENERAL.—The Secretary, acting

15 through the Director shall award up to 10 competitive

16 grants for each fiscal year to institutions of higher

17 education with existing academic degree programs

18 that produce graduates in nuclear science.

19 ‘‘(2) CRITERIA.—Criteria for a grant awarded

20 under this subsection shall be based on the potential

21 for increasing the number and academic quality of

22 graduates in the nuclear sciences who enter into ca23 reers in nuclear-related fields.

24 ‘‘(3) DURATION AND AMOUNT.—
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1 ‘‘(A) DURATION.—A grant under this sub2 section shall be 5 years in duration.

3 ‘‘(B) AMOUNT.—An institution of higher

4 education that receives a grant under this sub5 section shall be eligible for up to $500,000 for

6 each year of the grant period.

7 ‘‘(4) USE OF FUNDS.—An institution of higher

8 education that receives a grant under this subsection

9 may use the grant to—

10 ‘‘(A) increase the number of graduates in

11 nuclear science that enter into careers in the nu12 clear science field;

13 ‘‘(B) enhance the teaching of advanced nu14 clear technologies;

15 ‘‘(C) aggressively pursue collaboration op16 portunities with industry and National Labora17 tories;

18 ‘‘(D) bolster or sustain nuclear infrastruc19 ture and research facilities of the institution of

20 higher education, such as research and training

21 reactors or laboratories; and

22 ‘‘(E) provide tuition assistance and sti23 pends to undergraduate and graduate students.

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
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1 ‘‘(1) NUCLEAR SCIENCE PROGRAMEXPANSION

2 GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—

3 There are authorized to be appropriated to carry out

4 subsection (d)—

5 ‘‘(A) $9,000,000 for fiscal year 2008;

6 ‘‘(B) $13,000,000 for fiscal year 2009;

7 ‘‘(C) $18,000,000 for fiscal year 2010; and

8 ‘‘(D) $22,500,000 for fiscal year 2011.

9 ‘‘(2) NUCLEAR SCIENCE COMPETITIVENESS

10 GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—

11 There are authorized to be appropriated to carry out

12 subsection (e)—

13 ‘‘(A) $11,000,000 for fiscal year 2008;

14 ‘‘(B) $16,500,000 for fiscal year 2009;

15 ‘‘(C) $22,000,000 for fiscal year 2010; and

16 ‘‘(D) $27,500,000 for fiscal year 2011.

17 ‘‘CHAPTER 6—ADMINISTRATION

18 ‘‘SEC. 3195. MENTORING PROGRAM.

19 ‘‘(a) IN GENERAL.—As part of the programs estab20 lished under chapters 1, 3, and 4, the Director shall estab21 lish a program to recruit and provide mentors for women

22 and underrepresented minorities who are interested in ca23 reers in mathematics, science, and engineering. The pro24 gram shall pair mentors with women and minorities who

25 are in programs of study at specialty schools for mathe-
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1 matics and science, Centers of Excellence, and summer in2 stitutes established under chapters 1, 3, and 4, respectively.

3 ‘‘(b) PROGRAM EVALUATION.—The Secretary shall

4 annually—

5 ‘‘(1) use metrics to evaluate the success of the

6 programs established under subsection (a); and

7 ‘‘(2) submit to Congress a report that describes

8 the results of each evaluation.’’.

9 ‘‘CHAPTER 7—NATIONAL ENERGY

10 EDUCATION DEVELOPMENT

11 ‘‘SEC. 3196. NATIONAL ENERGY EDUCATION DEVELOPMENT.

12 ‘‘(a) PURPOSE.—The purpose of this section is to en13 able all students to reach or exceed grade-level academic

14 achievement standards and to enhance the knowledge of the

15 students of the science of energy, the sources of energy, the

16 uses of energy in society, and the environmental con17 sequences and benefits of all energy sources and uses by—

18 ‘‘(1) improving instruction in science related to

19 energy for students in kindergarten through grade 9

20 through the implementation of energy education pro21 grams and with the support of comprehensive science

22 education initiatives that are based on the best avail23 able evidence of effectiveness; and

24 ‘‘(2) providing professional development and in25 structional leadership activities for teachers and, if
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1 appropriate, for administrators and other school staff,

2 on the implementation of comprehensive mathematics

3 initiatives designed—

4 ‘‘(A) to improve the understanding of stu5 dents of the scientific, economic, and environ6 mental impacts of energy;

7 ‘‘(B) to improve the knowledge of teachers,

8 administrators, and other school staff related to

9 the scientific content of energy;

10 ‘‘(C) to increase the use of effective instruc11 tional practices; and

12 ‘‘(D) to reflect science content that is con13 sistent with State academic achievement stand14 ards in mathematics described in section 1111(b)

15 of the Elementary and Secondary Education Act

16 of 1965 (20 U.S.C. 6311(b)).

17 ‘‘(b) PROGRAM.—The Secretary (acting through the

18 Director) (referred to in this section as the ‘Secretary’) shall

19 provide grants to States to assist the States in establishing

20 or expanding programs to enhance the quality of science

21 education in elementary schools with respect to conven22 tional and emerging energy sources and uses.

23 ‘‘(c) COORDINATION.—In carrying out this section, the

24 Secretary shall use and coordinate with existing State and

25 national programs that have a similar mission.
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1 ‘‘(d) GRANTS.—The Secretary shall award grants, on

2 a competitive basis, under this section to States to pay the

3 Federal share of the costs of establishing or expanding high4 quality energy education curricula and programs.

5 ‘‘(e) PROGRAMS.—In carrying out this section, the

6 Secretary shall award grants to establish or expand pro7 grams that enhance—

8 ‘‘(1) the quality of science education in elemen9 tary schools with respect to conventional and emerg10 ing energy sources and uses; and

11 ‘‘(2) the understanding of students of the science,

12 economics, and environmental impacts of energy pro13 duction and consumption.

14 ‘‘(f) FEDERAL AND NON-FEDERAL SHARES.—

15 ‘‘(1) FEDERAL SHARE.—The Federal share of the

16 costs of carrying out a program under this section

17 shall be 50 percent.

18 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

19 share of the costs of carrying out a program under

20 this section may be provided in the form of cash or

21 in-kind contributions, fairly evaluated, including

22 services.

23 ‘‘(g) DISTRIBUTION.—In awarding grants under this

24 section, the Secretary shall—
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1 ‘‘(1) ensure a wide, equitable distribution of

2 grants among States that propose to serve students

3 from urban and rural areas; and

4 ‘‘(2) provide equal consideration to States with5 out National Laboratories.

6 ‘‘(h) USES OF FUNDS.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

8 States, or other entities through States, that receive

9 grants under this section shall use the grant funds

10 to—

11 ‘‘(A) employ proven strategies and methods

12 for improving student learning and teaching re13 garding energy;

14 ‘‘(B) integrate into the curriculum of

15 schools comprehensive, science-based, energy edu16 cation, including instruction and assessments

17 that are aligned with—

18 ‘‘(i) the academic content and student

19 academic achievement standards of the

20 State (within the meaning of section 1111

21 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6311));

23 ‘‘(ii) classroom management;

24 ‘‘(iii) professional development;

25 ‘‘(iv) parental involvement; and
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1 ‘‘(v) school management; and

2 ‘‘(C) provide high-quality and continuous

3 teacher and staff professional development.

4 ‘‘(2) REQUIREMENTS.—Grant funds under this

5 section may be used for activities described in para6 graph (1) only if the activities are directly related to

7 improving student academic achievement related to—

8 ‘‘(A) the science of energy;

9 ‘‘(B) the sources of energy;

10 ‘‘(C) the uses of energy in society; and

11 ‘‘(D) the environmental consequences and

12 benefits of all energy sources and uses.

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are

14 authorized to be appropriated to carry out this section—

15 ‘‘(1) $1,000,000 for each of fiscal years 2008 and

16 2009; and

17 ‘‘(2) $2,000,000 for each of fiscal years 2010 and

18 2011.’’.

19 SEC. 2004. DEPARTMENT OF ENERGY EARLY-CAREER RE20 SEARCH GRANTS.

21 (a) PURPOSE.—It is the purpose of this section to au22 thorize research grants in the Department for early-career

23 scientists and engineers for purposes of pursuing inde24 pendent research.
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1 (b) DEFINITION OF ELIGIBLE EARLY-CAREER RE2 SEARCHER.—In this section, the term ‘‘eligible early-career

3 researcher’’ means an individual who—

4 (1) completed a doctorate or other terminal de5 gree not more than 10 years before the date of appli6 cation for a grant authorized under this section, ex7 cept as provided in subsection (c)(3); and

8 (2) has demonstrated promise in the field of

9 science, technology, engineering, mathematics, com10 puter science, or computational science.

11 (c) GRANT PROGRAM AUTHORIZED.—

12 (1) IN GENERAL.—The Secretary shall award

13 not less than 65 grants per year to outstanding eligi14 ble early-career researchers to support the work of

15 such researchers in the Department, particularly at

16 the National Laboratories, or other federally-funded

17 research and development centers.

18 (2) APPLICATION.—An eligible early-career re19 searcher who desires to receive a grant under this sec20 tion shall submit to the Secretary an application at

21 such time, in such manner, and accompanied by such

22 information as the Secretary may require.

23 (3) WAIVER.—The Secretary may find eligible a

24 candidate who has completed a doctorate more than

25 10 years prior to the date of application if the can-
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1 didate was unable to conduct research for a period of

2 time because of extenuating circumstances, including

3 military service or family responsibilities.

4 (4) DURATION AND AMOUNT.—

5 (A) DURATION.—A grant under this section

6 shall be 5 years in duration.

7 (B) AMOUNT.—An eligible early career-re8 searcher who receives a grant under this section

9 shall receive up to $100,000 for each year of the

10 grant period.

11 (5) USE OF FUNDS.—An eligible early career-re12 searcher who receives a grant under this section shall

13 use the grant funds for basic research in natural

14 sciences, engineering, mathematics, or computer

15 sciences at the Department, particularly the National

16 Laboratories, or other federally-funded research and

17 development center.

18 (6) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to carry out

20 this section—

21 (A) $13,000,000 for fiscal year 2008;

22 (B) $19,500,000 for fiscal year 2009;

23 (C) $26,000,000 for fiscal year 2010; and

24 (D) $32,500,000 for fiscal year 2011.
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1 SEC. 2005. ADVANCED RESEARCH PROJECTS AUTHORITY2 ENERGY.

3 (a) DEFINITIONS.—In this section:

4 (1) ADVISORY BOARD.—The term ‘‘Advisory

5 Board’’ means the Advisory Board established under

6 subsection (d).

7 (2) AUTHORITY.—The term ‘‘Authority’’ means

8 the Advanced Research Projects Authority—Energy

9 established under subsection (b).

10 (3) DIRECTOR.—The term ‘‘Director’’ means the

11 Director of the Authority appointed under subsection

12 (c)(1).

13 (4) ENERGY TECHNOLOGY.—The term ‘‘energy

14 technology’’ means technology, including carbon-neu15 tral technology, used for—

16 (A) fossil energy;

17 (B) carbon sequestration;

18 (C) nuclear energy;

19 (D) renewable energy;

20 (E) energy distribution; or

21 (F) energy efficiency technology.

22 (b) ESTABLISHMENT.—The Secretary shall establish

23 an Advanced Research Projects Authority-Energy to over24 come the long-term and high-risk technological barriers in

25 the development of energy technologies.

26 (c) DIRECTOR.—
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1 (1) APPOINTMENT.—The Secretary shall appoint

2 a Director of the Authority.

3 (2) QUALIFICATIONS.—The Director shall be an

4 individual who, by reason of professional background

5 and experience, is especially qualified to advise the

6 Secretary on matters pertaining to long-term, high7 risk programs to overcome long-term and high-risk

8 technological barriers to the development of energy

9 technologies.

10 (3) DUTIES.—The Director shall—

11 (A) employ such qualified technical staff as

12 are necessary to carry out the duties of the Au13 thority, including providing staff for the Advi14 sory Committee;

15 (B) serve as the selection official for pro16 posals relating to energy technologies that are so17 licited within the Department;

18 (C) develop metrics to assist in developing

19 funding criteria and for assessing the success of

20 existing programs;

21 (D) terminate programs carried out under

22 this section that are not achieving the goals of

23 the programs; and

24 (E) perform such duties relating to long25 term and high-risk technological barriers in the
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1 development of energy technologies as are deter2 mined to be appropriate by the Secretary.

3 (d) ADVISORY BOARD.—

4 (1) APPOINTMENT.—The Secretary shall, con5 sistent with the Federal Advisory Committee Act (5

6 U.S.C. App.), establish, and appoint members to, an

7 Advisory Board to make recommendations to the Sec8 retary and the Director on actions necessary to carry

9 out this section.

10 (2) QUALIFICATIONS.—The Advisory Board shall

11 consist of individuals who, by reason of professional

12 background and experience, are especially qualified to

13 advise the Secretary and the Director on matters per14 taining to long-term and high-risk technological bar15 riers in the development of energy technologies.

16 (3) TERM.—A member of the Advisory Board

17 shall be appointed for a term of 5 years.

18 (4) INFORMATION.—Each fiscal year, individuals

19 who carry out energy technology programs of the De20 partment and staff of the Authority shall provide to

21 the Advisory Board written proposals and oral brief22 ings on long-term and high-risk technological barriers

23 that are critical to overcome for the successful develop24 ment of energy technologies.
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1 (5) DUTIES.—Each fiscal year, the Advisory

2 Board shall—

3 (A) recommend to the Secretary and the

4 Director—

5 (i) in order of priority, proposals of

6 energy programs of the Department that are

7 critical to overcoming long-term and high8 risk technological barriers to enable the suc9 cessful development of energy technologies;

10 and

11 (ii) additional programs not covered in

12 the proposals that are critical to overcoming

13 the barriers described in clause (i); and

14 (B) based on the metrics described in sub15 section (c)(3)(C), make recommendations to the

16 Secretary and the Directory concerning whether

17 programs funded under this section are achiev18 ing the goals of the programs.

19 (e) REVIEW.—Not later than 1 year after the date of

20 enactment of this Act, the Secretary shall enter into an

21 agreement with the National Academy of Sciences under

22 which the Academy shall—

23 (1) conduct reviews during each of calendar

24 years 2010 and 2012 to determine the success of the

25 activities carried out under this section; and
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1 (2) submit to Congress, the Secretary, and the

2 Director a report describing the results of each review.

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated such sums as are necessary

5 to carry out this section for each of fiscal years 2008

6 through 2011.

7 SEC. 2006. AUTHORIZATION OF APPROPRIATIONS FOR THE

8 DEPARTMENT OF ENERGY FOR BASIC RE9 SEARCH.

10 Section 971(b) of the Energy Policy Act of 2005 (42

11 U.S.C. 16311(b)) is amended—

12 (1) in paragraph (2), by striking ‘‘and’’ at the

13 end;

14 (2) in paragraph (3)—

15 (A) by striking ‘‘$5,200,000,000’’ and in16 serting ‘‘$4,800,000,000’’; and

17 (B) by striking the period at the end and

18 inserting a semicolon; and

19 (3) by adding at the end the following:

20 ‘‘(4) $4,945,000,000 for fiscal year 2010; and

21 ‘‘(5) $5,265,000,000 for fiscal year 2011.’’.

22 SEC. 2007. DISCOVERY SCIENCE AND ENGINEERING INNO23 VATION INSTITUTES.

24 (a) IN GENERAL.—The Secretary shall establish dis25 tributed, multidisciplinary institutes (referred to in this
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1 section as ‘‘Institutes’’) centered at National Laboratories

2 to apply fundamental science and engineering discoveries

3 to technological innovations related to the missions of the

4 Department and the global competitiveness of the United

5 States.

6 (b) TOPICAL AREAS.—The Institutes shall support sci7 entific and engineering research and education activities on

8 critical emerging technologies determined by the Secretary

9 to be essential to global competitiveness, including activities

10 related to—

11 (1) sustainable energy technologies;

12 (2) multi-scale materials and processes;

13 (3) micro- and nano-engineering;

14 (4) computational and information engineering;

15 and

16 (5) genomics and proteomics.

17 (c) PARTNERSHIPS.—In carrying out this section, the

18 Secretary shall establish partnerships between the Institutes

19 and—

20 (1) institutions of higher education to—

21 (A) train undergraduate and graduate engi22 neering and science students;

23 (B) develop innovative educational cur24 ricula; and
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1 (C) conduct research within the topical

2 areas described in subsection (b);

3 (2) private industry to develop innovative tech4 nologies within the topical areas described in sub5 section (b);

6 (3) State and local governments to promote re7 gionally-based commercialization and entrepreneur8 ship; and

9 (4) financing entities to guide successful tech10 nology commercialization.

11 (d) MERIT-BASED SELECTION.—The selection of Insti12 tutes under this section shall be merit-based and made

13 through an open, competitive selection process.

14 (e) RESTRICTION.—Not more than 3 Institutes shall

15 receive grants for a fiscal year.

16 (f) REVIEW.—The Secretary shall enter into an agree17 ment with the National Academy of Sciences under which

18 the Academy shall, not later than 3 and 6 years after the

19 date of enactment of this Act—

20 (1) review the performance of the Institutes

21 under this section; and

22 (2) submit to Congress and the Secretary a re23 port describing the results of the review.

24 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated to carry out the activities of
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1 each Institute selected under this section $10,000,000 for

2 each of fiscal years 2008 through 2011.

3 SEC. 2008. PROTECTING AMERICA’S COMPETITIVE EDGE

4 (PACE) GRADUATE FELLOWSHIP PROGRAM.

5 (a) DEFINITION OF ELIGIBLE STUDENT.—In this sec6 tion, the term ‘‘eligible student’’ means a student who at7 tends an institution of higher education that offers a doc8 toral degree in a field relevant to a mission area of the De9 partment.

10 (b) ESTABLISHMENT.—The Secretary shall establish a

11 graduate fellowship program for eligible students pursuing

12 a doctoral degree in a mission area of the Department.

13 (c) SELECTION.—

14 (1) IN GENERAL.—The Secretary shall award fel15 lowships to eligible students under this section

16 through a competitive merit review process (involving

17 written and oral interviews) that will result in a

18 wide distribution of awards throughout the United

19 States.

20 (2) CRITERIA.—The Secretary shall establish se21 lection criteria for awarding fellowships under this

22 section that require an eligible student to—

23 (A) pursue a field of science or engineering

24 of importance to the mission area of the Depart25 ment;
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1 (B) rank in the upper 10 percent of the

2 class of the eligible student;

3 (C) demonstrate to the Secretary—

4 (i) the capacity to understand tech5 nical topics related to the fellowship that

6 can be derived from the first principles of

7 the technical topics;

8 (ii) imagination and creativity;

9 (iii) leadership skills in organizations

10 or intellectual endeavors, demonstrated

11 through awards and past experience; and

12 (iv) excellent verbal and communica13 tion skills to explain, defend, and dem14 onstrate an understanding of technical sub15 jects related to the fellowship; and

16 (D) be a citizen or legal permanent resident

17 of the United States.

18 (d) AWARDS.—

19 (1) AMOUNT.—A fellowship awarded under this

20 section shall—

21 (A) provide an annual living stipend; and

22 (B) cover—

23 (i) graduate tuition at an institution

24 of higher education; and
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1 (ii) incidental expenses associated with

2 curricula and research at the institution of

3 higher education (including books, com4 puters and software).

5 (2) DURATION.—A fellowship awarded under

6 this section shall be for a period of not greater than

7 5 years.

8 (3) PORTABILITY.—A fellowship awarded under

9 this section shall be portable with the fellow.

10 (e) ADMINISTRATION.—The Secretary (acting through

11 the Director of Mathematics, Science, and Engineering

12 Education)—

13 (1) shall administer the program established

14 under this section; and,

15 (2) may enter into a contract with a nonprofit

16 entity to administer the program, including the selec17 tion and award of fellowships.

18 (f) AUTHORIZATION OF APPROPRIATIONS.—

19 (1) FELLOWSHIPS.—There are authorized to be

20 appropriated to award fellowships under this

21 section—

22 (A) $9,300,000 for 200 fellowships for fiscal

23 year 2008;
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1 (B) $14,500,000 for 300 fellowships for fis2 cal year 2009 (including non-expiring fellow3 ships for prior fiscal years);

4 (C) $25,000,000 for 500 fellowships for fis5 cal year 2010 (including non-expiring fellow6 ships for prior fiscal years); and

7 (D) $35,500,000 for 700 fellowships for fis8 cal year 2011 (including non-expiring fellow9 ships for prior fiscal years).

10 (2) ADMINISTRATION.—There are authorized to

11 be appropriated for administrative expenses incurred

12 in carrying out this section—

13 (A) $1,000,000 for fiscal year 2008;

14 (B) $1,500,000 for fiscal year 2009;

15 (C) $2,500,000 for fiscal year 2010; and

16 (D) $3,500,000 for fiscal year 2011.

17 SEC. 2009. TITLE IX COMPLIANCE.

18 (a) IN GENERAL.—Not later than 180 days after the

19 date of enactment of this Act, the Secretary of Energy shall

20 submit to the Committee on Energy and Commerce of the

21 House of Representatives and the Committee on Energy and

22 Natural Resources of the Senate a report that describes ac23 tions taken by the Department of Energy to implement the

24 recommendations in the report of the Government Account25 ability Office numbered 04–639.
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1 (b) COMPLIANCE.—To comply with title IX of the Edu2 cation Amendments of 1972 (20 U.S.C. 1681 et seq.), the

3 Secretary of Energy shall annually conduct compliance re4 views of at least 2 recipients of Department of Energy

5 grants.

6 SEC. 2010. HIGH-RISK, HIGH-REWARD RESEARCH.

7 (a) DEFINITION OF HIGH-RISK, HIGH-REWARD RE8 SEARCH.—In this section, the term ‘‘high-risk, high reward

9 research’’ means research that—

10 (1) has the potential for yielding results with

11 far-ranging implications;

12 (2) is too novel or spans too diverse a range of

13 disciplines to fare well in the traditional peer review

14 process; and

15 (3) is supportive of the missions of the spon16 soring agency.

17 (b) ESTABLISHMENT OF GRANT PROGRAMS.—

18 (1) ENERGY GRANT PROGRAM.—The Secretary

19 shall establish a grant program to encourage the con20 duct of high-risk, high-reward research at the Depart21 ment.

22 (2) GEOLOGICAL GRANT PROGRAM.—The Direc23 tor of the United States Geological Survey shall estab24 lish a grant program to encourage the conduct of
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1 high-risk, high-reward research at the United States

2 Geological Survey.

3 SEC. 2011. DISTINGUISHED SCIENTIST PROGRAM.

4 (a) PURPOSE.—The purpose of this section is to pro5 mote scientific and academic excellence through collabora6 tions between institutions of higher education and the Na7 tional Laboratories.

8 (b) ESTABLISHMENT.—The Secretary shall establish a

9 program to support the joint appointment of distinguished

10 scientists by institutions of higher education and National

11 Laboratories.

12 (c) QUALIFICATIONS.—Successful candidates under

13 this section shall be persons who, by reason of professional

14 background and experience, are able to bring international

15 recognition to the appointing institution of higher edu16 cation and National Laboratory in their field of scientific

17 endeavor.

18 (d) SELECTION.—A distinguished scientist appointed

19 under this section shall be selected through an open, com20 petitive process.

21 (e) APPOINTMENT.—

22 (1) INSTITUTION OF HIGHER EDUCATION.—An

23 appointment by an institution of higher education

24 under this section shall be filled within the tenure al-
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1 lotment of the institution of higher education at a

2 minimum rank of professor.

3 (2) NATIONAL LABORATORY.—An appointment

4 by a National Laboratory under this section shall be

5 at the rank of the highest grade of distinguished sci6 entist or technical staff of the National Laboratory.

7 (f) DURATION.—An appointment under this section

8 shall be for 6 years, consisting of 2 3-year funding allot9 ments.

10 (g) USE OF FUNDS.—Funds made available under this

11 section may be used for—

12 (1) the salary of the distinguished scientist and

13 support staff;

14 (2) undergraduate, graduate, and post-doctoral

15 appointments;

16 (3) research-related equipment;

17 (4) professional travel; and

18 (5) such other requirements as the Director deter19 mines are necessary to carry out the purpose of the

20 program.

21 (h) REVIEW.—

22 (1) IN GENERAL.—The appointment of a distin23 guished scientist under this section shall be reviewed

24 at the end of the first 3-year allotment for the distin25 guished scientist through an open peer-review process
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1 to determine whether the appointment is meeting the

2 purpose of this section under subsection (a).

3 (2) FUNDING.—Funding of the appointment of

4 the distinguished scientist for the second 3-year allot5 ment shall be determined based on the review con6 ducted under paragraph (1).

7 (i) COST SHARING.—To be eligible for assistance under

8 this section, an appointing institution of higher education

9 shall pay at least 50 percent of the total costs of the appoint10 ment.

11 (j) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated to carry out this section—

13 (1) $30,000,000 for fiscal year 2008 (to support

14 up to 30 appointments under this section);

15 (2) $60,000,000 for fiscal year 2009 (to support

16 up to 60 such appointments); and

17 (3) $100,000,000 for each of fiscal years 2010

18 and 2011 (to support up to 100 such appointments).

19 DIVISION C—EDUCATION

20 SEC. 3001. FINDINGS.

21 Congress makes the following findings:

22 (1) A well-educated population is essential to re23 taining America’s competitiveness in the global econ24 omy.
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1 (2) The United States needs to build on and ex2 pand the impact of existing programs by taking addi3 tional, well-coordinated steps to ensure that all stu4 dents are able to obtain the knowledge the students

5 need to obtain postsecondary education and partici6 pate successfully in the workforce or the Armed

7 Forces.

8 (3) The next steps must be informed by inde9 pendent information on the effectiveness of current

10 programs in science, technology, engineering, and

11 mathematics education, and by identification of best

12 practices that can be replicated.

13 (4) Teacher preparation and elementary school

14 and secondary school programs and activities must be

15 aligned with the requirements of the Elementary and

16 Secondary Education Act of 1965 (20 U.S.C. 6301 et

17 seq.) and the requirements of the Higher Education

18 Act of 1965 (20 U.S.C. 1001 et seq.).

19 (5) The ever increasing knowledge and skill de20 mands of the 21st century require that secondary

21 school preparation and requirements be better aligned

22 with the knowledge and skills needed to succeed in

23 postsecondary education and the workforce, and

24 States need better data systems to track educational
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1 achievement from prekindergarten through bacca2 laureate degrees.

3 SEC. 3002. DEFINITIONS.

4 (a) ESEA DEFINITIONS.—Unless otherwise specified

5 in this division, the terms used in this division have the

6 meanings given the terms in section 9101 of the Elementary

7 and Secondary Education Act of 1965 (20 U.S.C. 7801).

8 (b) OTHER DEFINITIONS.—In this division:

9 (1) CRITICAL FOREIGN LANGUAGE.—The term

10 ‘‘critical foreign language’’ means a foreign language

11 that the Secretary determines, in consultation with

12 the heads of such Federal departments and agencies

13 as the Secretary determines appropriate, is critical to

14 the national security and economic competitiveness of

15 the United States.

16 (2) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Education.

18 TITLE I—TEACHER ASSISTANCE

19 Subtitle A—Teachers for a

20 Competitive Tomorrow

21 SEC. 3111. PURPOSE.

22 The purpose of this subtitle is—

23 (1) to develop and implement programs to pro24 vide integrated courses of study in mathematics,

25 science, engineering, or critical foreign languages, and
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1 teacher education, that lead to a baccalaureate degree

2 with concurrent teacher certification;

3 (2) to develop and implement 2- or 3-year part4 time master’s degree programs in mathematics,

5 science, technology, or critical foreign language edu6 cation for teachers in order to enhance the teachers’

7 content knowledge and pedagogical skills; and

8 (3) to develop programs for professionals in

9 mathematics, science, or critical foreign language edu10 cation that lead to a master’s degree in teaching that

11 results in teacher certification.

12 SEC. 3112. DEFINITIONS.

13 In this subtitle:

14 (1) CHILDREN FROMLOW-INCOME FAMILIES.—

15 The term ‘‘children from low-income families’’ means

16 children described in section 1124(c)(1)(A) of the Ele17 mentary and Secondary Education Act of 1965 (20

18 U.S.C. 6333(c)(1)(A)).

19 (2) ELIGIBLE RECIPIENT.—The term ‘‘eligible re20 cipient’’ means an institution of higher education

21 that receives grant funds under this subtitle on behalf

22 of a department of mathematics, engineering, science,

23 or a critical foreign language, or on behalf of a de24 partment or school with a competency-based degree

25 program (in mathematics, engineering, science, or a
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1 critical foreign language) that includes teacher certifi2 cation, for use in carrying out activities assisted

3 under this subtitle.

4 (3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—

5 The term ‘‘high-need local educational agency’’ means

6 a local educational agency or educational service

7 agency—

8 (A)(i) that serves not fewer than 10,000

9 children from low-income families;

10 (ii) for which not less than 20 percent of the

11 children served by the agency are children from

12 low-income families; or

13 (iii) with a total of less than 600 students

14 in average daily attendance at the schools that

15 are served by the agency and all of whose schools

16 are designated with a school locale code of 6, 7,

17 or 8, as determined by the Secretary; and

18 (B)(i) for which there is a high percentage

19 of teachers providing instruction in academic

20 subject areas or grade levels for which the teach21 ers are not highly qualified; or

22 (ii) for which there is a high teacher turn23 over rate or a high percentage of teachers with

24 emergency, provisional, or temporary certifi25 cation or licensure.
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1 (4) HIGHLY QUALIFIED.—The term ‘‘highly

2 qualified’’ has the meaning given such term in section

3 9101 of the Elementary and Secondary Education

4 Act of 1965 (20 U.S.C. 7801) and, with respect to

5 special education teachers, in section 602 of the Indi6 viduals with Disabilities Education Act (20 U.S.C.

7 1401).

8 (5) PARTNERSHIP.—The term ‘‘partnership’’

9 means a partnership that—

10 (A) shall include—

11 (i) an eligible recipient;

12 (ii)(I)(aa) a department within the eli13 gible recipient that provides a program of

14 study in mathematics, engineering, science,

15 or a critical foreign language; and

16 (bb) a school or department within the

17 eligible recipient that provides a teacher

18 preparation program, or a 2-year institu19 tion of higher education that has a teacher

20 preparation offering or a dual enrollment

21 program with the eligible recipient; or

22 (II) a department or school within the

23 eligible recipient with a competency-based

24 degree program (in mathematics, engineer-
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1 ing, science, or a critical foreign language)

2 that includes teacher certification; and

3 (iii) not less than 1 high-need local

4 educational agency and a public school or a

5 consortium of public schools served by the

6 agency; and

7 (B) may include a nonprofit organization

8 that has the capacity to provide expertise or sup9 port to meet the purposes of this subtitle.

10 (6) TEACHING SKILLS.—The term ‘‘teaching

11 skills’’ means the ability to—

12 (A) increase student achievement;

13 (B) effectively convey and explain academic

14 subject matter;

15 (C) employ strategies that—

16 (i) are based on scientifically based re17 search;

18 (ii) are specific to academic subject

19 matter; and

20 (iii) focus on the identification of, and

21 tailoring of academic instruction to, stu22 dents’ specific learning needs, particularly

23 children with disabilities, students who are

24 limited English proficient, and students

25 who are gifted and talented;
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1 (D) conduct ongoing assessment of student

2 learning;

3 (E) effectively manage a classroom; and

4 (F) communicate and work with parents

5 and guardians, and involve parents and guard6 ians in their children’s education.

7 SEC. 3113. PROGRAMS FOR BACCALAUREATE DEGREES IN

8 MATHEMATICS, SCIENCE, ENGINEERING, OR

9 CRITICAL FOREIGN LANGUAGES, WITH CON10 CURRENT TEACHER CERTIFICATION.

11 (a) PROGRAM AUTHORIZED.—From the amounts

12 made available to carry out this section under section

13 3116(1) and not reserved under section 3115(d) for a fiscal

14 year, the Secretary is authorized to award grants, on a

15 competitive basis, to eligible recipients to enable partner16 ships served by the eligible recipients to develop and imple17 ment programs to provide courses of study in mathematics,

18 science, engineering, or critical foreign languages that—

19 (1) are integrated with teacher education; and

20 (2) lead to a baccalaureate degree with concur21 rent teacher certification.

22 (b) APPLICATION.—Each eligible recipient desiring a

23 grant under this section shall submit an application to the

24 Secretary at such time and in such manner as the Secretary

25 may require. Each application shall—
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1 (1) describe the program for which assistance is

2 sought;

3 (2) describe how a department of mathematics,

4 science, engineering, or a critical foreign language

5 participating in the partnership will ensure signifi6 cant collaboration with a teacher preparation pro7 gram in the development of undergraduate degrees in

8 mathematics, science, engineering, or a critical for9 eign language, with concurrent teacher certification,

10 including providing student teaching and other clin11 ical classroom experiences or how a department or

12 school participating in the partnership with a com13 petency-based degree program has ensured, in the de14 velopment of a baccalaureate degree program in

15 mathematics, science, engineering, or a critical for16 eign language, the provision of concurrent teacher cer17 tification, including providing student teaching and

18 other clinical classroom experiences;

19 (3) describe the high-quality research, laboratory,

20 or internship experiences, integrated with coursework,

21 that will be provided under the program;

22 (4) describe how members of groups that are

23 underrepresented in the teaching of mathematics,

24 science, technology, engineering, or critical foreign
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1 languages will be encouraged to participate in the

2 program;

3 (5) describe how program participants will be

4 encouraged to teach in schools determined by the part5 nership to be most in need, and what assistance in

6 finding employment in such schools will be provided;

7 (6) describe the ongoing activities and services

8 that will be provided to graduates of the program;

9 (7) describe how the activities of the partnership

10 will be coordinated with any activities funded

11 through other Federal grants, and how the partner12 ship will continue the activities assisted under the

13 program when the grant period ends;

14 (8) describe how the partnership will assess the

15 content knowledge and teaching skills of the program

16 participants; and

17 (9) provide any other information the Secretary

18 may reasonably require.

19 (c) AUTHORIZED ACTIVITIES.—

20 (1) IN GENERAL.—Each eligible recipient receiv21 ing a grant under this section shall use the grant

22 funds to enable a partnership to develop and imple23 ment a program to provide courses of study in mathe24 matics, science, engineering, or a critical foreign lan25 guage that—
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1 (A) are integrated with teacher education

2 programs that promote effective teaching skills;

3 and

4 (B) lead to a baccalaureate degree in math5 ematics, science, engineering, or a critical for6 eign language with concurrent teacher certifi7 cation.

8 (2) PROGRAMREQUIREMENTS.—The program

9 shall—

10 (A) provide high-quality research, labora11 tory, or internship experiences for program par12 ticipants;

13 (B) provide student teaching or other clin14 ical classroom experiences that—

15 (i) are integrated with coursework; and

16 (ii) lead to the participants’ ability to

17 demonstrate effective teaching skills;

18 (C) if implementing a program in which

19 program participants are prepared to teach

20 mathematics, science, technology, or engineering

21 courses, include strategies for improving student

22 literacy;

23 (D) encourage the participation of individ24 uals who are members of groups that are under25 represented in the teaching of mathematics,
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1 science, technology, engineering, or critical for2 eign languages;

3 (E) encourage participants to teach in

4 schools determined by the partnership to be most

5 in need, and actively assist the participants in

6 finding employment in such schools;

7 (F) offer training in the use of and integra8 tion of educational technology;

9 (G) collect data regarding and evaluate,

10 using measurable objectives and benchmarks, the

11 extent to which the program succeeded in—

12 (i) increasing the percentage of highly

13 qualified mathematics, science, or critical

14 foreign language teachers, including in15 creasing the percentage of such teachers

16 teaching in those schools determined by the

17 partnership to be most in need;

18 (ii) improving student academic

19 achievement in mathematics, science, and

20 where applicable, technology and engineer21 ing;

22 (iii) increasing the number of students

23 in secondary schools enrolled in upper level

24 mathematics, science, and, where available,

25 technology and engineering courses; and
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1 (iv) increasing the numbers of elemen2 tary school, middle school, and secondary

3 school students enrolled in and continuing

4 in critical foreign language courses;

5 (H) collect data on the employment place6 ment of all graduates of the program, including

7 information on how many graduates are teach8 ing and in what kinds of schools;

9 (I) provide ongoing activities and services

10 to graduates of the program who teach elemen11 tary school, middle school, or secondary school,

12 by—

13 (i) keeping the graduates informed of

14 the latest developments in their respective

15 academic fields; and

16 (ii) supporting the graduates of the

17 program who are employed in schools in the

18 local educational agency participating in

19 the partnership during the initial years of

20 teaching through—

21 (I) induction programs;

22 (II) promotion of effective teach23 ing skills; and

24 (III) providing opportunities for

25 regular professional development; and
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1 (J) develop recommendations to improve the

2 teacher preparation program participating in

3 the partnership.

4 (d) ANNUAL REPORT.—Each eligible recipient receiv5 ing a grant under this section shall collect and report to

6 the Secretary annually such information as the Secretary

7 may reasonably require, including—

8 (1) the number of participants in the program;

9 (2) information on the academic majors of par10 ticipating students;

11 (3) the race, gender, income, and disability sta12 tus of program participants;

13 (4) the employment placement of program par14 ticipants as teachers in schools determined by the

15 partnership to be most in need;

16 (5) the extent to which the program succeeded in

17 meeting the objectives and benchmarks described in

18 subsection (c)(2)(G); and

19 (6) the data collected under subparagraphs (G)

20 and (H) of subsection (c)(2).

21 (e) TECHNICAL ASSISTANCE.—From the funds made

22 available under section 3116(1), the Secretary may provide

23 technical assistance to an eligible recipient developing a

24 baccalaureate degree program with concurrent teacher cer25 tification, including technical assistance provided through
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1 a grant or contract awarded on a competitive basis to an

2 institution of higher education or a technical assistance cen3 ter.

4 SEC. 3114. PROGRAMS FOR MASTER’S DEGREES IN MATHE5 MATICS, SCIENCE, TECHNOLOGY, OR CRIT6 ICAL FOREIGN LANGUAGES EDUCATION.

7 (a) PROGRAM AUTHORIZED.—From the amounts

8 made available to carry out this section under section

9 3116(2) and not reserved under section 3115(d) for a fiscal

10 year, the Secretary is authorized to award grants, on a

11 competitive basis, to eligible recipients to enable the part12 nerships served by the eligible recipients to develop and

13 implement—

14 (1) 2- or 3-year part-time master’s degree pro15 grams in mathematics, science, technology, or critical

16 foreign language education for teachers in order to en17 hance the teacher’s content knowledge and teaching

18 skills; or

19 (2) programs for professionals in mathematics,

20 science, engineering, or critical foreign language that

21 lead to a 1 year master’s degree in teaching that re22 sults in teacher certification.

23 (b) APPLICATION.—Each eligible recipient desiring a

24 grant under this section shall submit an application to the
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1 Secretary at such time and in such manner as the Secretary

2 may require. Each application shall describe—

3 (1) how a department of mathematics, science,

4 engineering, technology, or a critical foreign language

5 will ensure significant collaboration with a teacher

6 preparation program in the development of the mas7 ter’s degree programs authorized under subsection (a),

8 or how a department or school with a competency9 based degree program has ensured, in the development

10 of a master’s degree program, the provision of rig11 orous studies in mathematics, science, or a critical

12 foreign language that enhance the teachers’ content

13 knowledge and teaching skills;

14 (2) the role of the local educational agency in the

15 partnership in developing and administering the pro16 gram and how feedback from the local educational

17 agency, school, and participants will be used to im18 prove the program;

19 (3) how the program will help increase the per20 centage of highly qualified mathematics, science, or

21 critical foreign language teachers, including increas22 ing the percentage of such teachers teaching in schools

23 determined by the partnership to be most in need;

24 (4) how the program will—
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1 (A) improve student academic achievement

2 in mathematics, science, and, where applicable,

3 technology and engineering and increase the

4 number of students taking upper-level courses in

5 such subjects; or

6 (B) increase the numbers of elementary

7 school, middle school, and secondary school stu8 dents enrolled and continuing in critical foreign

9 language courses;

10 (5) how the program will prepare participants

11 to become more effective mathematics, science, or crit12 ical foreign language teachers;

13 (6) how the program will prepare participants

14 to assume leadership roles in their schools;

15 (7) how teachers (or mathematics, science, or

16 critical language professionals) who are members of

17 groups that are underrepresented in the teaching of

18 mathematics, science, engineering, technology, or crit19 ical foreign languages and teachers from schools deter20 mined by the partnership to be most in need will be

21 encouraged to apply for and participate in the pro22 gram;

23 (8) the ongoing activities and services that will

24 be provided to graduates of the program;
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1 (9) how the partnership will continue the activi2 ties assisted under the grant when the grant period

3 ends;

4 (10) how the partnership will assess, during the

5 program, the content knowledge and teaching skills of

6 the program participants; and

7 (11) methods to ensure applicants to the master’s

8 degree program for professionals in mathematics,

9 science, or critical foreign language demonstrate ad10 vanced knowledge in the relevant subject.

11 (c) AUTHORIZED ACTIVITIES.—Each eligible recipient

12 receiving a grant under this section shall use the grant

13 funds to develop and implement a 2- or 3-year part-time

14 master’s degree program in mathematics, science, or critical

15 foreign language education for teachers in order to enhance

16 the teachers’ content knowledge and teaching skills, or pro17 grams for professionals in mathematics, science, or critical

18 foreign language that lead to a 1-year master’s degree in

19 teaching that results in teacher certification. The program

20 shall—

21 (1) promote effective teaching skills so that pro22 gram participants become more effective mathematics,

23 science, or critical foreign language teachers;

24 (2) prepare teachers to assume leadership roles

25 in their schools by participating in activities such as
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1 teacher mentoring, development of curricula that inte2 grate state of the art applications of mathematics,

3 science, technology, and engineering into the class4 room, working with school administrators in estab5 lishing in-service professional development of teachers,

6 and assisting in evaluating data and assessments to

7 improve student academic achievement;

8 (3) use high-quality research, laboratory, or in9 ternship experiences for program participants that

10 are integrated with coursework;

11 (4) provide student teaching or clinical class12 room experience;

13 (5) if implementing a program in which partici14 pants are prepared to teach mathematics or science

15 courses, provide strategies for improving student lit16 eracy;

17 (6) align the content knowledge in the master’s

18 degree program with challenging student academic

19 achievement standards and challenging academic con20 tent standards established by the State in which the

21 program is conducted;

22 (7) encourage the participation of—

23 (A) individuals who are members of groups

24 that are underrepresented in the teaching of
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1 mathematics, science, engineering, technology, or

2 critical foreign languages;

3 (B) members of the Armed Forces who are

4 transitioning to civilian life; and

5 (C) teachers teaching in schools determined

6 by the partnership to be most in need;

7 (8) offer tuition assistance, based on need, as ap8 propriate;

9 (9) create opportunities for enhanced and ongo10 ing professional development for teachers that im11 proves the mathematics and science content knowledge

12 and teaching skills of such teachers; and

13 (10) evaluate and report on the impact of the

14 program, in accordance with subsection (d).

15 (d) EVALUATION AND REPORT.—Each eligible recipi16 ent receiving a grant under this section shall evaluate,

17 using measurable objectives and benchmarks, and provide

18 an annual report to the Secretary regarding, the extent to

19 which the program assisted under this section succeeded in

20 the following:

21 (1) Increasing the number and percentage of

22 mathematics, science, engineering, technology, or crit23 ical foreign language teachers who have a master’s de24 gree and meet 1 or more of the following require25 ments:
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1 (A) Are teaching in schools determined by

2 the partnership to be most in need, and taught

3 in such schools prior to participation in the pro4 gram.

5 (B) Are teaching in schools determined by

6 the partnership to be most in need, and did not

7 teach in such schools prior to participation in

8 the program.

9 (C) Are members of a group underrep10 resented in the teaching of mathematics, science,

11 or a critical foreign language.

12 (2) Bringing professionals in mathematics,

13 science, engineering, or critical foreign language into

14 the field of teaching.

15 (3) Retaining teachers who participate in the

16 program.

17 SEC. 3115. GENERAL PROVISIONS.

18 (a) DURATION OF GRANTS.—The Secretary shall

19 award each grant under this subtitle for a period of not

20 more than 5 years.

21 (b) MATCHING REQUIREMENT.—Each eligible recipi22 ent that receives a grant under this subtitle shall provide,

23 from non-Federal sources, an amount equal to 50 percent

24 of the amount of the grant (which may be provided in cash
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1 or in kind) to carry out the activities supported by the

2 grant.

3 (c) SUPPLEMENT, NOT SUPPLANT.—Grant funds pro4 vided under this subtitle shall be used to supplement, and

5 not supplant, other Federal or State funds.

6 (d) EVALUATION.—From amounts made available for

7 any fiscal year under section 3116, the Secretary shall re8 serve such sums as may be necessary—

9 (1) to provide for the conduct of an annual inde10 pendent evaluation, by grant or by contract, of the ac11 tivities assisted under this subtitle, which shall in12 clude an assessment of the impact of the activities on

13 student academic achievement; and

14 (2) to prepare and submit an annual report on

15 the results of the evaluation described in paragraph

16 (1) to the Committee on Health, Education, Labor,

17 and Pensions of the Senate, the Committee on Edu18 cation and the Workforce of the House of Representa19 tives, and the Committees on Appropriations of the

20 Senate and House of Representatives.

21 SEC. 3116. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated to carry out

23 this section $210,000,000 for fiscal year 2008, and such

24 sums as may be necessary for each of the 3 succeeding fiscal

25 years, of which—
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1 (1) 57.1 percent shall be available to carry out

2 section 3113 for fiscal year 2008 and each succeeding

3 fiscal year; and

4 (2) 42.9 percent shall be available to carry out

5 section 3114 for fiscal year 2008 and each succeeding

6 fiscal year.

7 Subtitle B—Advanced Placement

8 and International Bacca9 laureate Programs

10 SEC. 3121. PURPOSE.

11 It is the purpose of this subtitle—

12 (1) to raise academic achievement through Ad13 vanced Placement and International Baccalaureate

14 programs by increasing, by 70,000, over a 4-year pe15 riod beginning in 2008, the number of teachers serv16 ing high-need schools who are qualified to teach Ad17 vanced Placement or International Baccalaureate

18 courses in mathematics, science, and critical foreign

19 languages;

20 (2) to increase, to 700,000 per year, the number

21 of students attending high-need schools who—

22 (A) take and score a 3, 4, or 5 on an Ad23 vanced Placement examination in mathematics,

24 science, or a critical foreign language adminis25 tered by the College Board; or
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1 (B) achieve a passing score on an examina2 tion administered by the International Bacca3 laureate Organization in such a subject;

4 (3) to increase the availability of, and enroll5 ment in, Advanced Placement or International Bac6 calaureate courses in mathematics, science, and crit7 ical foreign languages, and pre-Advanced Placement

8 or pre-International Baccalaureate courses in such

9 subjects, in high-need schools; and

10 (4) to support statewide efforts to increase the

11 availability of, and enrollment in, Advanced Place12 ment or International Baccalaureate courses in math13 ematics, science, and critical foreign languages, and

14 pre-Advanced Placement or pre-International Bacca15 laureate courses in such subjects, in high-need schools.

16 SEC. 3122. DEFINITIONS.

17 In this subtitle:

18 (1) ADVANCED PLACEMENT OR INTERNATIONAL

19 BACCALAUREATE COURSE.—The term ‘‘Advanced

20 Placement or International Baccalaureate course’’

21 means a course of college-level instruction provided to

22 middle or secondary school students, terminating in

23 an examination administered by the College Board or

24 the International Baccalaureate Organization, or an25 other such examination approved by the Secretary, or
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1 another highly rigorous, evidence-based, postsecondary

2 preparatory program terminating in an examination

3 administered by a nationally recognized educational

4 association.

5 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means—

7 (A) a State educational agency;

8 (B) a local educational agency; or

9 (C) a partnership consisting of—

10 (i) a national, regional, or statewide

11 nonprofit organization, with expertise and

12 experience in providing Advanced Place13 ment or International Baccalaureate serv14 ices; and

15 (ii) a State educational agency or local

16 educational agency.

17 (3) LOW-INCOME STUDENT.—The term ‘‘low-in18 come student’’ has the meaning given the term ‘‘low19 income individual’’ in section 1707(3) of the Elemen20 tary and Secondary Education Act of 1965 (20

21 U.S.C. 6537(3)).

22 (4) HIGH CONCENTRATION OF LOW-INCOME STU23 DENTS.—The term ‘‘high concentration of low-income

24 students’’ has the meaning given the term in section
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1 1707(2) of the Elementary and Secondary Education

2 Act of 1965 (20 U.S.C. 6537(2)).

3 (5) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—

4 The term ‘‘high-need local educational agency’’ means

5 a local educational agency or educational service

6 agency described in 3112(3)(A).

7 (6) HIGH-NEED SCHOOL.—The term ‘‘high-need

8 school’’ means a middle school or secondary school—

9 (A) with a pervasive need for Advanced

10 Placement or International Baccalaureate

11 courses in mathematics, science, or critical for12 eign languages, or for additional Advanced

13 Placement or International Baccalaureate

14 courses in such a subject; and

15 (B)(i) with a high concentration of low-in16 come students; or

17 (ii) designated with a school locale code of

18 6, 7 or 8, as determined by the Secretary.

19 SEC. 3123. ADVANCED PLACEMENT AND INTERNATIONAL

20 BACCALAUREATE PROGRAMS.

21 (a) PROGRAM AUTHORIZED.—From the amounts ap22 propriated under subsection (l), the Secretary is authorized

23 to award grants, on a competitive basis, to eligible entities

24 to enable the eligible entities to carry out the authorized

25 activities described in subsection (g).
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1 (b) DURATION OF GRANTS.—The Secretary may

2 award grants under this section for a period of not more

3 than 5 years.

4 (c) COORDINATION.—The Secretary shall coordinate

5 the activities carried out under this section with the activi6 ties carried out under section 1705 of the Elementary and

7 Secondary Education Act of 1965 (20 U.S.C. 6535).

8 (d) PRIORITY.—In awarding grants under this section,

9 the Secretary shall give priority to eligible entities that—

10 (1) are part of a statewide strategy for increas11 ing the availability of Advanced Placement or Inter12 national Baccalaureate courses in mathematics,

13 science, and critical foreign languages, and pre-Ad14 vanced Placement or pre-International Baccalaureate

15 courses in such subjects, in high-need schools; and

16 (2) make Advanced Placement math, science, and

17 critical foreign language courses available to students

18 who are prepared for such work in earlier grades than

19 traditionally made available.

20 (e) EQUITABLE DISTRIBUTION.—The Secretary, to the

21 extent practicable, shall—

22 (1) ensure an equitable geographic distribution

23 of grants under this section among the States; and

24 (2) promote an increase in participation in Ad25 vanced Placement or International Baccalaureate
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1 mathematics, science, and critical foreign language

2 courses and examinations in all States.

3 (f) APPLICATION.—

4 (1) IN GENERAL.—Each eligible entity desiring a

5 grant under this section shall submit an application

6 to the Secretary at such time, in such manner, and

7 containing such information as the Secretary may

8 reasonably require.

9 (2) CONTENTS.—The application shall, at a

10 minimum, include a description of—

11 (A) the goals and objectives for the project,

12 including—

13 (i) increasing the number of teachers

14 serving high-need schools who are qualified

15 to teach Advanced Placement or Inter16 national Baccalaureate courses in mathe17 matics, science, or critical foreign lan18 guages;

19 (ii) increasing the number of qualified

20 teachers serving high-need schools who are

21 teaching Advanced Placement or Inter22 national Baccalaureate courses in mathe23 matics, science, or critical foreign languages

24 to students in the high-need schools;
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1 (iii) increasing the number of Ad2 vanced Placement or International Bacca3 laureate courses in mathematics, science,

4 and critical foreign languages that are

5 available to students attending high-need

6 schools; and

7 (iv) increasing the number of students

8 attending a high-need school, particularly

9 low-income students, who enroll in and

10 pass—

11 (I) Advanced Placement or Inter12 national Baccalaureate courses in

13 mathematics, science, or critical for14 eign languages; and

15 (II) pre-Advanced Placement or

16 pre-International Baccalaureate

17 courses in such a subject (where pro18 vided in accordance with subpara19 graph (B));

20 (B) how the eligible entity will ensure that

21 students have access to courses, including pre22 Advanced Placement and pre-International Bac23 calaureate courses, that will prepare the students

24 to enroll and succeed in Advanced Placement or
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1 International Baccalaureate courses in mathe2 matics, science, or critical foreign languages;

3 (C) how the eligible entity will provide pro4 fessional development for teachers assisted under

5 this section;

6 (D) how the eligible entity will ensure that

7 teachers serving high-need schools are qualified

8 to teach Advanced Placement or International

9 Baccalaureate courses in mathematics, science,

10 or critical foreign languages;

11 (E) how the eligible entity will provide for

12 the involvement of business and community or13 ganizations and other entities, including institu14 tions of higher education, in the activities to be

15 assisted; and

16 (F) how the eligible entity will use funds re17 ceived under this section, including how the eli18 gible entity will evaluate the success of its

19 project.

20 (g) AUTHORIZED ACTIVITIES.—

21 (1) IN GENERAL.—Each eligible entity that re22 ceives a grant under this section shall use the grant

23 funds to carry out activities designed to increase—

24 (A) the number of qualified teachers serving

25 high-need schools who are teaching Advanced
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1 Placement or International Baccalaureate

2 courses in mathematics, science, or critical for3 eign languages; and

4 (B) the number of students attending high5 need schools who enroll in, and pass, the exami6 nations for such Advanced Placement or Inter7 national Baccalaureate courses.

8 (2) PERMISSIVE ACTIVITIES.—The activities de9 scribed in paragraph (1) may include—

10 (A) teacher professional development, in

11 order to expand the pool of teachers in the par12 ticipating State, local educational agency, or

13 high-need school who are qualified to teach Ad14 vanced Placement or International Bacca15 laureate courses in mathematics, science, or crit16 ical foreign languages;

17 (B) pre-Advanced Placement or pre-Inter18 national Baccalaureate course development and

19 professional development;

20 (C) coordination and articulation between

21 grade levels to prepare students to enroll and

22 succeed in Advanced Placement or International

23 Baccalaureate courses in mathematics, science,

24 or critical foreign languages;

25 (D) purchase of instructional materials;
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1 (E) activities to increase the availability of,

2 and participation in, online Advanced Place3 ment or International Baccalaureate courses in

4 mathematics, science, and critical foreign lan5 guages;

6 (F) reimbursing low-income students at7 tending high-need schools for part or all of the

8 cost of Advanced Placement or International

9 Baccalaureate examination fees;

10 (G) carrying out subsection (j), relating to

11 collecting and reporting data;

12 (H) in the case of a State educational agen13 cy that receives a grant under this section,

14 awarding subgrants to local educational agencies

15 to enable the local educational agencies to carry

16 out authorized activities described in subpara17 graphs (A) through (G); and

18 (I) providing salary increments or bonuses

19 to teachers serving high-need schools who—

20 (i) become qualified to teach, and

21 teach, Advanced Placement or International

22 Baccalaureate courses in mathematics,

23 science, or a critical foreign language; or

24 (ii) increase the number of low-income

25 students, who take Advanced Placement or
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1 International Baccalaureate examinations

2 in mathematics, science, or a critical for3 eign language with the goal of successfully

4 passing such examinations.

5 (h) MATCHING REQUIREMENT.—

6 (1) IN GENERAL.—Subject to paragraph (2),

7 each eligible entity that receives a grant under this

8 section shall provide, toward the cost of the activities

9 assisted under the grant, from non-Federal sources,

10 an amount equal to 200 percent of the amount of the

11 grant, except that an eligible entity that is a high12 need local educational agency shall provide an

13 amount equal to not more than 100 percent of the

14 amount of the grant.

15 (2) WAIVER.—The Secretary may waive all or

16 part of the matching requirement described in para17 graph (1) for any fiscal year for an eligible entity de18 scribed in subparagraph (A) or (B) of section

19 3122(2), if the Secretary determines that applying the

20 matching requirement to such eligible entity would re21 sult in serious hardship or an inability to carry out

22 the authorized activities described in subsection (g).

23 (i) SUPPLEMENT NOT SUPPLANT.—Grant funds pro24 vided under this section shall be used to supplement, not
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1 supplant, other Federal and non-Federal funds available to

2 carry out the activities described in subsection (g).

3 (j) COLLECTING AND REPORTING REQUIREMENTS.—

4 (1) REPORT.—Each eligible entity receiving a

5 grant under this section shall collect and report to the

6 Secretary annually such data on the results of the

7 grant as the Secretary may reasonably require, in8 cluding data regarding—

9 (A) the number of students enrolling in Ad10 vanced Placement or International Bacca11 laureate courses in mathematics, science, or a

12 critical foreign language, and pre-Advanced

13 Placement or pre-International Baccalaureate

14 courses in such a subject, by the grade the stu15 dent is enrolled in, and the distribution of grades

16 those students receive;

17 (B) the number of students taking Advanced

18 Placement or International Baccalaureate ex19 aminations in mathematics, science, or a critical

20 foreign language, and the distribution of scores

21 on those examinations by the grade the student

22 is enrolled in at the time of the examination;

23 (C) the number of teachers receiving train24 ing in teaching Advanced Placement or Inter25 national Baccalaureate courses in mathematics,
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1 science, or a critical foreign language who will

2 be teaching such courses in the next school year;

3 (D) the number of teachers becoming quali4 fied to teach Advanced Placement or Inter5 national Baccalaureate courses in mathematics,

6 science, or a critical foreign language; and

7 (E) the number of qualified teachers who

8 are teaching Advanced Placement or Inter9 national Baccalaureate courses in mathematics,

10 science, or critical foreign languages to students

11 in a high-need school.

12 (2) REPORTING OF DATA.—Each eligible entity

13 receiving a grant under this section shall report data

14 required under paragraph (1)—

15 (A) disaggregated by subject area;

16 (B) in the case of student data,

17 disaggregated in the same manner as informa18 tion is disaggregated under section

19 1111(h)(1)(C)(i) of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C.

21 6311(h)(1)(C)(i)); and

22 (C) to the extent feasible, in a manner that

23 allows comparison of conditions before, during,

24 and after the project.
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1 (k) EVALUATION AND REPORT.—From the amount

2 made available for any fiscal year under subsection (l), the

3 Secretary shall reserve such sums as may be necessary—

4 (1) to conduct an annual independent evalua5 tion, by grant or by contract, of the program carried

6 out under this section, which shall include an assess7 ment of the impact of the program on student aca8 demic achievement; and

9 (2) to prepare and submit an annual report on

10 the results of the evaluation described in paragraph

11 (1) to the Committee on Health, Education, Labor,

12 and Pensions of the Senate, the Committee on Edu13 cation and the Workforce of the House of Representa14 tives, and the Committees on Appropriations of the

15 Senate and House of Representatives.

16 (l) AUTHORIZATION OF APPROPRIATIONS.—There are

17 authorized to be appropriated to carry out this section

18 $58,000,000 for fiscal year 2008, and such sums as may

19 be necessary for each of the 3 succeeding fiscal years.
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1 Subtitle C—Promising Practices in

2 Mathematics, Science, Tech3 nology, and Engineering Teach4 ing

5 SEC. 3131. PROMISING PRACTICES.

6 (a) PURPOSE.—The purpose of this section is to

7 strengthen the skills of mathematics, science, technology,

8 and engineering teachers by identifying promising practices

9 in the teaching of mathematics, science, technology, and en10 gineering in elementary and secondary education.

11 (b) NATIONAL PANEL ON PROMISING PRACTICES IN

12 TEACHING MATHEMATICS, SCIENCE, TECHNOLOGY, AND

13 ENGINEERING.—The Secretary is authorized to contract

14 with the National Academy of Sciences to convene, not later

15 than 1 year after the date of enactment of this Act, a na16 tional panel to identify existing promising practices in the

17 teaching of mathematics, science, technology, and engineer18 ing in kindergarten through grade 12.

19 (c) COMPOSITION OF NATIONAL PANEL.—

20 (1) CONSULTATION.—The Secretary shall enter

21 into a contract with the National Academy of

22 Sciences to establish a panel to identify existing

23 promising practices in the teaching of mathematics,

24 science, technology, and engineering in elementary
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1 and secondary education with demonstrated evidence

2 of increasing student academic achievement.

3 (2) SELECTION.—The National Academy of

4 Sciences shall ensure that the panel established under

5 paragraph (1) broadly represents scientists, practi6 tioners, teachers, principals, and representatives from

7 entities with expertise in education, mathematics, and

8 science. The National Academy of Sciences shall en9 sure that the panel includes the following:

10 (A) A majority representation of teachers

11 and principals directly involved in teaching

12 mathematics, science, technology, or engineering

13 in kindergarten through grade 12.

14 (B) Representation of teachers and prin15 cipals from all demographic areas, including

16 urban, suburban, and rural schools.

17 (C) Representation of teachers from public

18 and private schools.

19 (3) QUALIFICATIONS OF MEMBERS.—The mem20 bers of the panel established under paragraph (1)

21 shall be individuals who have substantial knowledge

22 or experience relating to—

23 (A) mathematics, science, technology, or en24 gineering education programs; or
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1 (B) mathematics, science, technology, or en2 gineering curricula content development.

3 (d) AUTHORIZED ACTIVITIES OF NATIONAL PANEL.—

4 The panel shall—

5 (1) identify promising practices in the teaching

6 of mathematics, science, technology, and engineering

7 in elementary and secondary education;

8 (2) identify techniques proven to help teachers

9 increase their skills and expertise in improving stu10 dent achievement in mathematics, science, technology,

11 and engineering; and

12 (3) identify areas of need for promising practices

13 in mathematics, science, technology, and engineering.

14 (e) DISSEMINATION.—The Secretary shall disseminate

15 information collected pursuant to this section to the public,

16 State educational agencies, and local educational agencies,

17 and shall publish appropriate and relevant information on

18 the promising practices on the website of the Department

19 in an easy to understand format.

20 (f) MATHEMATICS, SCIENCE, TECHNOLOGY, AND ENGI21 NEERING ‘‘PROMISING PRACTICES’’.—

22 (1) RELIABILITY AND MEASUREMENT.—The

23 promising practices in the teaching of mathematics,

24 science, technology, and engineering in elementary
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1 and secondary education collected under this section

2 shall be—

3 (A) reliable, valid, and grounded in sci4 entific theory and research;

5 (B) reviewed regularly to assess effective6 ness; and

7 (C) reviewed in the context of State aca8 demic assessments and student academic achieve9 ment standards.

10 (2) STUDENTS WITH DIVERSE LEARNING

11 NEEDS.—In identifying promising practices under

12 this section, the panel established under subsection (c)

13 shall take into account the needs of students with di14 verse learning needs, particularly for students with

15 disabilities and students who are limited English pro16 ficient.

17 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated to carry out this section such

19 sums as may be necessary for fiscal year 2008.

20 TITLE II—MATHEMATICS

21 SEC. 3201. MATH NOW FOR ELEMENTARY SCHOOL AND MID22 DLE SCHOOL STUDENTS PROGRAM.

23 (a) PURPOSE.—The purpose of this section is to enable

24 all students to reach or exceed grade-level academic achieve-
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1 ment standards and to prepare the students to enroll in

2 and pass algebra courses by—

3 (1) improving instruction in mathematics for

4 students in kindergarten through grade 9 through the

5 implementation of mathematics programs and the

6 support of comprehensive mathematics initiatives that

7 are research-based and reflect a demonstrated record

8 of effectiveness; and

9 (2) providing targeted help to low-income stu10 dents who are struggling with mathematics and whose

11 achievement is significantly below grade level.

12 (b) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL

13 AGENCY.—In this section, the term ‘‘eligible local edu14 cational agency’’ means a high-need local educational agen15 cy (as defined in section 3112(3)) serving 1 or more

16 schools—

17 (1) with significant numbers or percentages of

18 students whose mathematics skills are below grade

19 level;

20 (2) that are not making adequate yearly progress

21 in mathematics under section 1111(b)(2) of the Ele22 mentary and Secondary Education Act of 1965 (20

23 U.S.C. 6311(b)(2)); or

24 (3) in which students are receiving instruction

25 in mathematics from teachers who do not have mathe-
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1 matical content knowledge or expertise in the teaching

2 of mathematics.

3 (c) PROGRAM AUTHORIZED.—

4 (1) IN GENERAL.—From the amounts appro5 priated under subsection (k) for any fiscal year, the

6 Secretary is authorized to award grants, on a com7 petitive basis, for not more than 5 years, to State

8 educational agencies to enable the State educational

9 agencies to award grants to eligible local educational

10 agencies to carry out the activities described in sub11 section (e).

12 (2) PRIORITY.—In awarding grants under this

13 section, the Secretary shall give priority to applica14 tions for projects that will implement statewide strat15 egies for improving mathematics instruction and

16 raising the mathematics achievement of students, par17 ticularly students in grades 4 through 8.

18 (d) STATE USES OF FUNDS.—

19 (1) IN GENERAL.—Each State educational agen20 cy that receives a grant under this section for a fiscal

21 year—

22 (A) shall expend not more than a total of 10

23 percent of the grant funds to carry out the ac24 tivities described in paragraphs (2) or (3) for the

25 fiscal year; and
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1 (B) shall use not less than 90 percent of the

2 grant funds to award grants, on a competitive

3 basis, to eligible local educational agencies to en4 able the eligible local educational agencies to

5 carry out the activities described in subsection

6 (e) for the fiscal year.

7 (2) MANDATORY USES OF FUNDS.—A State edu8 cational agency shall use the grant funds made avail9 able under paragraph (1)(A) to carry out each of the

10 following activities:

11 (A) PLANNING AND ADMINISTRATION.—

12 Planning and administration, including—

13 (i) evaluating applications from eligi14 ble local educational agencies using peer re15 view teams described in subsection

16 (f)(1)(D);

17 (ii) administering the distribution of

18 grants to eligible local educational agencies;

19 and

20 (iii) assessing and evaluating, on a

21 regular basis, eligible local educational

22 agency activities assisted under this section,

23 with respect to whether the activities have

24 been effective in increasing the number of

25 children—
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1 (I) making progress toward meet2 ing grade-level mathematics achieve3 ment; and

4 (II) meeting or exceeding grade5 level mathematics achievement.

6 (B) REPORTING.—Annually providing the

7 Secretary with a report on the implementation

8 of this section as described in subsection (i).

9 (3) PERMISSIVE USE OF FUNDS; TECHNICAL AS10 SISTANCE.—

11 (A) IN GENERAL.—A State educational

12 agency may use the grant funds made available

13 under paragraph (1)(A) for 1 or more of the fol14 lowing technical assistance activities that assist

15 an eligible local educational agency, upon re16 quest by the eligible local educational agency, in

17 accomplishing the tasks required to design and

18 implement a project under this section, including

19 assistance in—

20 (i) implementing mathematics pro21 grams or comprehensive mathematics ini22 tiatives that are research-based and reflect a

23 demonstrated record of effectiveness;
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1 (ii) evaluating and selecting diagnostic

2 and classroom based instructional mathe3 matics assessments; and

4 (iii) identifying eligible professional

5 development providers to conduct the profes6 sional development activities described in

7 subsection (e)(1)(B).

8 (B) GUIDANCE.—The technical assistance

9 described in subparagraph (A) shall be guided by

10 researchers with expertise in the pedagogy of

11 mathematics, mathematicians, and mathematics

12 educators from high-risk, high-achievement

13 schools and eligible local educational agencies.

14 (e) LOCAL USES OF FUNDS.—

15 (1) MANDATORY USES OF FUNDS.—Each eligible

16 local educational agency receiving a grant under this

17 section shall use the grant funds to carry out each of

18 the following activities:

19 (A) To implement mathematics programs or

20 comprehensive mathematics initiatives—

21 (i) for students in the grades of a par22 ticipating school as identified in the appli23 cation submitted under subsection (f)(2)(A);

24 and
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1 (ii) that are research-based and reflect

2 a demonstrated record of effectiveness.

3 (B) To provide professional development

4 and instructional leadership activities for teach5 ers and, if appropriate, for administrators and

6 other school staff, on the implementation of com7 prehensive mathematics initiatives designed—

8 (i) to improve the achievement of stu9 dents performing significantly below grade

10 level;

11 (ii) to improve the mathematical con12 tent knowledge of the teachers, administra13 tors, and other school staff;

14 (iii) to increase the use of effective in15 structional practices; and

16 (iv) to monitor student progress.

17 (C) To conduct continuous progress moni18 toring, which may include the adoption and use

19 of assessments that—

20 (i) measure student progress and iden21 tify areas in which students need help in

22 learning mathematics; and

23 (ii) reflect mathematics content that is

24 consistent with State academic achievement

25 standards in mathematics described in sec-
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1 tion 1111(b) of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C.

3 6311(b)).

4 (2) PERMISSIVE USES OF FUNDS.—An eligible

5 local educational agency may use grant funds under

6 this section to—

7 (A) adopt and use mathematics instruc8 tional materials and assessments;

9 (B) implement classroom-based assessments,

10 including diagnostic or formative assessments;

11 (C) provide remedial coursework and inter12 ventions for students, which may be provided be13 fore or after school;

14 (D) provide small groups with individual15 ized instruction in mathematics;

16 (E) conduct activities designed to improve

17 the content knowledge and expertise of teachers,

18 such as the use of a mathematics coach, enrich19 ment activities, and interdisciplinary methods of

20 mathematics instruction; and

21 (F) collect and report performance data.

22 (f) APPLICATIONS.—

23 (1) STATE EDUCATIONAL AGENCY.—Each State

24 educational agency desiring a grant under this sec25 tion shall submit an application to the Secretary at
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1 such time and in such manner as the Secretary may

2 require. Each application shall include—

3 (A) an assurance that the core mathematics

4 instructional program, supplemental instruc5 tional materials, and intervention programs

6 used by the eligible local educational agencies for

7 the project, are research-based and reflect a dem8 onstrated record of effectiveness and are aligned

9 with State academic achievement standards;

10 (B) an assurance that eligible local edu11 cational agencies will meet the requirements de12 scribed in paragraph (2);

13 (C) an assurance that local applications

14 will be evaluated using a peer review process;

15 (D) a description of the qualifications of the

16 peer review teams, which shall consist of—

17 (i) researchers with expertise in the

18 pedagogy of mathematics;

19 (ii) mathematicians; and

20 (iii) mathematics educators serving

21 high-risk, high-achievement schools and eli22 gible local educational agencies; and

23 (E) an assurance that the State will estab24 lish a process to safeguard against conflicts of

25 interest, consistent with subsection (g)(2), for in-
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1 dividuals providing technical assistance on be2 half of the State educational agency or partici3 pating in the State peer review process under

4 this title.

5 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

6 Each eligible local educational agency desiring a

7 grant under this section shall submit an application

8 to the State educational agency at such time and in

9 such manner as the State educational agency may re10 quire. Each application shall include—

11 (A) an assurance that the eligible local edu12 cational agency will provide assistance to 1 or

13 more schools that are—

14 (i) served by the eligible local edu15 cational agency; and

16 (ii) described in section 3201(b);

17 (B) a description of the grades kindergarten

18 through grade 9, and of the schools, that will be

19 served;

20 (C) information, on an aggregate basis, on

21 each school to be served by the project, including

22 such demographic, socioeconomic, and mathe23 matics achievement data as the State edu24 cational agency may request;
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1 (D) a description of the core mathematics

2 instructional program, supplemental instruc3 tional materials, and intervention programs or

4 strategies that will be used for the project, in5 cluding an assurance that the programs or strat6 egies are research-based and reflect a dem7 onstrated record of effectiveness and are aligned

8 with State academic achievement standards;

9 (E) a description of the activities that will

10 be carried out under the grant, including a de11 scription of the professional development that

12 will be provided to teachers, and, if appropriate,

13 administrators and other school staff, and a de14 scription of how the activities will support

15 achievement of the purpose of this section;

16 (F) an assurance that the eligible local edu17 cational agency will report to the State edu18 cational agency all data on student academic

19 achievement that is necessary for the State edu20 cational agency’s report under subsection (i);

21 (G) a description of the eligible entity’s

22 plans for evaluating the impact of professional

23 development and leadership activities in mathe24 matics on the content knowledge and expertise of
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1 teachers, administrators, or other school staff;

2 and

3 (H) any other information the State edu4 cational agency may reasonably require.

5 (g) PROHIBITIONS.—

6 (1) IN GENERAL.—In implementing this section,

7 the Secretary shall not—

8 (A) endorse, approve, or sanction any math9 ematics curriculum designed for use in any

10 school; or

11 (B) engage in oversight, technical assist12 ance, or activities that will require the adoption

13 of a specific mathematics program or instruc14 tional materials by a State, local educational

15 agency, or school.

16 (2) CONFLICT OF INTEREST.—Any Federal em17 ployee, contractor, or subcontractor involved in the

18 administration, implementation, or provision of over19 sight or technical assistance duties or activities under

20 this section shall—

21 (A) disclose to the Secretary any financial

22 ties to publishers, entities, private individuals,

23 or organizations that will benefit from funds

24 provided under this section; and
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1 (B) be prohibited from maintaining signifi2 cant financial interests in areas directly related

3 to duties or activities under this section, unless

4 granted a waiver by the Secretary.

5 (3) REPORTING.—The Secretary shall report an6 nually to the Committee on Health, Education,

7 Labor, and Pensions of the Senate and to the Com8 mittee on Education and Labor of the House of Rep9 resentatives on any of the special allowances or waiv10 ers granted under paragraph (2)(B).

11 (4) RULE OF CONSTRUCTION.—Nothing in this

12 title shall be construed to authorize or permit the De13 partment of Education, or a Department of Edu14 cation contractor, to mandate, direct, control, or sug15 gest the selection of a mathematics curriculum, sup16 plemental instructional materials, or program of in17 struction by a State, local educational agency, or

18 school.

19 (h) MATCHING REQUIREMENTS.—

20 (1) STATE EDUCATIONAL AGENCY.—A State edu21 cational agency that receives a grant under this sec22 tion shall provide, from non-Federal sources, an

23 amount equal to 50 percent of the amount of the

24 grant, in cash or in kind, to carry out the activities

25 supported by the grant, of which not more than 20
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1 percent of such 50 percent may be provided by local

2 educational agencies within the State.

3 (2) WAIVER.—The Secretary may waive all of or

4 a portion of the matching requirement described in

5 paragraph (1) for any fiscal year, if the Secretary de6 termines that—

7 (A) the application of the matching require8 ment will result in serious hardship for the State

9 educational agency; or

10 (B) providing a waiver best serves the pur11 pose of the program assisted under this section.

12 (i) PROGRAM PERFORMANCE AND ACCOUNTABILITY.—

13 (1) INFORMATION.—Each State educational

14 agency receiving a grant under this section shall col15 lect and report to the Secretary annually such infor16 mation on the results of the grant as the Secretary

17 may reasonably require, including information on—

18 (A) mathematics achievement data that

19 show the progress of students participating in

20 projects under this section (including, to the ex21 tent practicable, comparable data from students

22 not participating in such projects), based pri23 marily on the results of State, school district

24 wide, or classroom-based, assessments,

25 including—
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1 (i) specific identification of those

2 schools and eligible local educational agen3 cies that report the largest gains in mathe4 matics achievement; and

5 (ii) evidence on whether the State edu6 cational agency and eligible local edu7 cational agencies within the State have—

8 (I) significantly increased the

9 number of students achieving at grade

10 level or above in mathematics;

11 (II) significantly increased the

12 percentages of students described in

13 section 1111(b)(2)(C)(v)(II) of the Ele14 mentary and Secondary Education Act

15 of 1965 (20 U.S.C.

16 6311(b)(2)(C)(v)(II)) who are achiev17 ing at grade level or above in mathe18 matics;

19 (III) significantly increased the

20 number of students making significant

21 progress toward meeting grade-level

22 mathematics achievement standards;

23 and

24 (IV) successfully implemented this

25 section;
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1 (B) the percentage of students in the schools

2 served by the eligible local educational agency

3 who enroll in algebra courses and the percentage

4 of such students who pass algebra courses; and

5 (C) the progress made in increasing the

6 quality and accessibility of professional develop7 ment and leadership activities in mathematics,

8 especially activities resulting in greater content

9 knowledge and expertise of teachers, administra10 tors, and other school staff, except that the Sec11 retary shall not require such information until

12 after the third year of a grant awarded under

13 this section.

14 (2) REPORTING AND DISAGGREGATION.—The in15 formation required under paragraph (1) shall be—

16 (A) reported in a manner that allows for a

17 comparison of aggregated score differentials of

18 student academic achievement before (to the ex19 tent feasible) and after implementation of the

20 project assisted under this section; and

21 (B) disaggregated in the same manner as

22 information is disaggregated under section

23 1111(h)(1)(C)(i) of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C.

25 6311(h)(1)(C)(i)).
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1 (3) PRIVACY PROTECTION.—The data in the re2 port shall be reported in a manner that—

3 (A) protects the privacy of individuals; and

4 (B) complies with the requirements of the

5 Family Educational Rights and Privacy Act of

6 1974 (20 U.S.C. 1232g).

7 (j) EVALUATION AND TECHNICAL ASSISTANCE.—

8 (1) EVALUATION.—

9 (A) IN GENERAL.—The Secretary shall con10 duct an annual independent evaluation, by

11 grant or by contract, of the program assisted

12 under this section, which shall include an assess13 ment of the impact of the program on student

14 academic achievement and teacher performance,

15 and may use funds available to carry out this

16 section to conduct the evaluation.

17 (B) REPORT.—The Secretary shall annually

18 submit, to the Committee on Health, Education,

19 Labor, and Pensions of the Senate, the Com20 mittee on Education and the Workforce of the

21 House of Representatives, and the Committees on

22 Appropriations of the Senate and House of Rep23 resentatives, a report on the results of the evalua24 tion.
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1 (2) TECHNICAL ASSISTANCE.—The Secretary

2 may use funds made available under paragraph (3)

3 to provide technical assistance to prospective appli4 cants and to eligible local educational agencies receiv5 ing a grant under this section.

6 (3) RESERVATION OF FUNDS.—The Secretary

7 may reserve not more than 2.5 percent of funds ap8 propriated under subsection (k) for a fiscal year to

9 carry out this subsection.

10 (k) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated to carry out this section

12 $146,700,000 for fiscal year 2008, and such sums as may

13 be necessary for each of the 3 succeeding fiscal years.

14 SEC. 3202. SUMMER TERM EDUCATION PROGRAMS.

15 (a) PURPOSE.—The purpose of this section is to create

16 opportunities for summer learning by providing students

17 with access to summer learning in mathematics, technology,

18 and problem-solving to ensure that students do not experi19 ence learning losses over the summer and to remedy, rein20 force, and accelerate the learning of mathematics and prob21 lem-solving.

22 (b) DEFINITIONS.—In this section:

23 (1) EDUCATIONAL SERVICE AGENCY.—The term

24 ‘‘educational service agency’’ has the meaning given
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1 the term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7801).

3 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti4 ty’’ means an entity that—

5 (A) desires to participate in a summer

6 learning grant program under this section by

7 providing summer learning opportunities de8 scribed in subsection (d)(4)(A)(ii) to eligible stu9 dents; and

10 (B) is—

11 (i) a high-need local educational agen12 cy; or

13 (ii) a consortium consisting of a high14 need local educational agency and 1 or

15 more of the following entities:

16 (I) Another local educational

17 agency;

18 (II) A community-based youth de19 velopment organization with a dem20 onstrated record of effectiveness in

21 helping students learn;

22 (III) An institution of higher edu23 cation;

24 (IV) An educational service agen25 cy; or
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1 (V) A for-profit educational pro2 vider, nonprofit organization, science

3 center, museum, or summer enrichment

4 camp, that has been approved by the

5 State educational agency to provide the

6 summer learning opportunity described

7 in subsection (d)(4)(A)(ii).

8 (3) ELIGIBLE STUDENT.—The term ‘‘eligible stu9 dent’’ means a student who—

10 (A) is eligible for a free lunch under the

11 Richard B. Russell National School Lunch Act

12 (42 U.S.C. 1751 et seq.); and

13 (B) is served by a local educational agency

14 identified by the State educational agency in the

15 application described in subsection (c)(2).

16 (4) INSTITUTION OF HIGHER EDUCATION.—The

17 term ‘‘institution of higher education’’ has the mean18 ing given the term in section 101(a) of the Higher

19 Education Act of 1965 (20 U.S.C. 1001(a)).

20 (5) LOCAL EDUCATIONAL AGENCY.—The term

21 ‘‘local educational agency’’ has the meaning given the

22 term in section 9101 of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 7801).

24 (6) HIGH-NEED LOCAL EDUCATIONAL AGEN25 CY.—The term high-need local educational agency
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1 means a local educational agency (as defined in sec2 tion 9101 of the Elementary and Secondary Edu3 cation Act of 1965)—

4 (A) that serves not less than 10,000 children

5 from low-income families;

6 (B) for which not less than 20 percent of the

7 children served by the agency are children from

8 low-income families; or

9 (C) with a total of not less than 600 stu10 dents in average daily attendance at the schools

11 that are served by the agency, and all of whose

12 schools are designated with a school locale code

13 of 6, 7, or 8 as determined by the Secretary of

14 Education.

15 (7) SECRETARY.—The term ‘‘Secretary’’ means

16 the Secretary of Education.

17 (8) STATE.—The term ‘‘State’’ means each of the

18 several States of the United States, the District of Co19 lumbia, the Commonwealth of Puerto Rico, Guam,

20 American Samoa, the United States Virgin Islands,

21 the Commonwealth of the Northern Mariana Islands,

22 the Republic of the Marshall Islands, the Federated

23 States of Micronesia, and the Republic of Palau.

24 (9) STATE EDUCATIONAL AGENCY.—The term

25 ‘‘State educational agency’’ has the meaning given the
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1 term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 7801).

3 (c) DEMONSTRATION GRANT PROGRAM.—

4 (1) PROGRAMAUTHORIZED.—

5 (A) IN GENERAL.—From the funds appro6 priated under subsection (f) for a fiscal year, the

7 Secretary shall carry out a demonstration grant

8 program in which the Secretary awards grants,

9 on a competitive basis, to State educational

10 agencies to enable the State educational agencies

11 to pay the Federal share of summer learning

12 grants for eligible students.

13 (B) NUMBER OF GRANTS.—For each fiscal

14 year, the Secretary shall award not more than 5

15 grants under this section.

16 (2) APPLICATION.—A State educational agency

17 that desires to receive a grant under this section shall

18 submit an application to the Secretary at such time,

19 in such manner, and accompanied by such informa20 tion as the Secretary may require. Such application

21 shall identify the areas in the State where the summer

22 learning grant program will be offered and the local

23 educational agencies that serve such areas.

24 (3) AWARD BASIS.—
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1 (A) SPECIAL CONSIDERATION.—In award2 ing grants under this section, the Secretary shall

3 give special consideration to a State educational

4 agency that agrees, to the extent possible, to enter

5 into agreements with eligible entities that are

6 consortia described in subsection (b)(2)(B)(iii)

7 and that proposes to target services to children

8 in grades K–8.

9 (B) GEOGRAPHIC DISTRIBUTION.—In

10 awarding grants under this section, the Sec11 retary shall take into consideration an equitable

12 geographic distribution of the grants.

13 (d) SUMMER LEARNING GRANTS.—

14 (1) USE OF GRANTS FOR SUMMER LEARNING

15 GRANTS.—

16 (A) IN GENERAL.—Each State educational

17 agency that receives a grant under subsection (c)

18 for a fiscal year shall use the grant funds to pro19 vide summer learning grants for the fiscal year

20 to eligible students in the State who desire to at21 tend a summer learning opportunity offered by

22 an eligible entity that enters into an agreement

23 with the State educational agency under para24 graph (4)(A).
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1 (B) AMOUNT; FEDERAL AND NON-FEDERAL

2 SHARES.—

3 (i) AMOUNT.—The amount of a sum4 mer learning grant provided under this sec5 tion shall be—

6 (I) for each of the fiscal years

7 2008 through 2011, $1,600; and

8 (II) for fiscal year 2012, $1,800.

9 (ii) FEDERAL SHARE.—The Federal

10 share of each summer learning grant shall

11 be not more than 50 percent of the amount

12 of the summer learning grant determined

13 under clause (i).

14 (iii) NON-FEDERAL SHARE.—The non15 Federal share of each summer learning

16 grant shall be not less than 50 percent of

17 the amount of the summer learning grant

18 determined under clause (i), and shall be

19 provided from non-Federal sources.

20 (2) DESIGNATION OF SUMMER SCHOLARS.—Eli21 gible students who receive summer learning grants

22 under this section shall be known as ‘‘summer schol23 ars’’.

24 (3) SELECTION OF SUMMER LEARNING OPPOR25 TUNITY.—
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1 (A) DISSEMINATION OF INFORMATION.—A

2 State educational agency that receives a grant

3 under subsection (c) shall disseminate informa4 tion about summer learning opportunities and

5 summer learning grants to the families of eligible

6 students in the State.

7 (B) APPLICATION.—The parents of an eligi8 ble student who are interested in having their

9 child participate in a summer learning oppor10 tunity and receive a summer learning grant

11 shall submit an application to the State edu12 cational agency that includes a ranked list of

13 preferred summer learning opportunities.

14 (C) PROCESS.—A State educational agency

15 that receives an application under subparagraph

16 (B) shall—

17 (i) process such application;

18 (ii) determine whether the eligible stu19 dent shall receive a summer learning grant;

20 (iii) coordinate the assignment of eligi21 ble students receiving summer learning

22 grants with summer learning opportunities;

23 and

24 (iv) if demand for a summer learning

25 opportunity exceeds capacity, the State edu-
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1 cational agency shall prioritize applications

2 to low-achieving eligible students.

3 (D) FLEXIBILITY.—A State educational

4 agency may assign a summer scholar to a sum5 mer learning opportunity program that is of6 fered in an area served by a local educational

7 agency that is not the local educational agency

8 serving the area where such scholar resides.

9 (E) REQUIREMENT OF ACCEPTANCE.—An

10 eligible entity shall accept, enroll, and provide

11 the summer learning opportunity of such entity

12 to, any summer scholar assigned to such summer

13 learning opportunity by a State educational

14 agency pursuant to this subsection.

15 (4) AGREEMENT WITH ELIGIBLE ENTITY.—

16 (A) IN GENERAL.—A State educational

17 agency shall enter into an agreement with one or

18 more eligible entities offering a summer learning

19 opportunity, under which—

20 (i) the State educational agency shall

21 agree to make payments to the eligible enti22 ty, in accordance with subparagraph (B),

23 for a summer scholar; and
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1 (ii) the eligible entity shall agree to

2 provide the summer scholar with a summer

3 learning opportunity that—

4 (I) provides a total of not less

5 than the equivalent of 30 full days of

6 instruction (or not less than the equiv7 alent of 25 full days of instruction, if

8 the equivalent of an additional 5 days

9 is devoted to field trips or other enrich10 ment opportunities) to the summer

11 scholar;

12 (II) employs small-group, re13 search-based educational programs,

14 materials, curricula, and practices;

15 (III) provides a curriculum

16 that—

17 (aa) emphasizes mathe18 matics, technology, engineering,

19 and problem-solving through expe20 riential learning opportunities;

21 (bb) is primarily designed to

22 increase the numeracy and prob23 lem-solving skills of the summer

24 scholar; and
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1 (cc) is aligned with State

2 academic content standards and

3 goals of the local educational

4 agency serving the summer schol5 ar;

6 (IV) measures student progress to

7 determine the gains made by summer

8 scholars in the summer learning oppor9 tunity, and disaggregates the results of

10 such progress for summer scholars by

11 race and ethnicity, economic status,

12 limited English proficiency status, and

13 disability status, in order to determine

14 the opportunity’s impact on each sub15 group of summer scholars;

16 (V) collects daily attendance data

17 on each summer scholar;

18 (VI) provides professional develop19 ment opportunities for teachers to im20 prove their practice in teaching

21 numeracy, and in integrating problem22 solving techniques into the curriculum;

23 and

24 (VII) meets all applicable Federal,

25 State, and local civil rights laws.
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1 (B) AMOUNT OF PAYMENT.—

2 (i) IN GENERAL.—Except as provided

3 in clause (ii), a State educational agency

4 shall make a payment to an eligible entity

5 for a summer scholar in the amount deter6 mined under paragraph (1)(B)(i).

7 (ii) ADJUSTMENT.—In the case in

8 which a summer scholar does not attend the

9 full summer learning opportunity, the State

10 educational agency shall reduce the amount

11 provided to the eligible entity pursuant to

12 clause (i) by a percentage that is equal to

13 the percentage of the summer learning op14 portunity not attended by such scholar.

15 (5) ADMINISTRATIVE COSTS.—A State edu16 cational agency or eligible entity receiving funding

17 under this section may use not more than 5 percent

18 of such funding for administrative costs associated

19 with carrying out this section.

20 (e) EVALUATIONS; REPORT; WEBSITE.—

21 (1) EVALUATION AND ASSESSMENT.—For each

22 year that an eligible entity enters into an agreement

23 under subsection (d)(4), the eligible entity shall pre24 pare and submit to the Secretary a report on the ac-
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1 tivities and outcomes of each summer learning oppor2 tunity that enrolled a summer scholar, including—

3 (A) information on the design of the sum4 mer learning opportunity;

5 (B) the alignment of the summer learning

6 opportunity with State standards; and

7 (C) data from assessments of student mathe8 matics and problem-solving skills for the summer

9 scholars and on the attendance of the scholars,

10 disaggregated by the subgroups described in sub11 section (d)(4)(A)(ii)(IV).

12 (2) REPORT.—For each year funds are appro13 priated under subsection (f) for this section, the Sec14 retary shall prepare and submit a report to the

15 HELP Committee of the Senate and the Education

16 and Labor Committee of the House on the summer

17 learning grant programs, including the effectiveness of

18 the summer learning opportunities in improving stu19 dent achievement and learning.

20 (3) SUMMER LEARNING GRANTS WEBSITE.—The

21 Secretary shall make accessible, on the Department of

22 Education website, information for parents and

23 school personnel on successful programs and cur24 ricula, and best practices, for summer learning oppor25 tunities.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out this section such

3 sums as may be necessary for fiscal year 2008 through fiscal

4 year 2012.

5 SEC. 3203. MATH SKILLS FOR SECONDARY SCHOOL STU6 DENTS.

7 (a) The purposes of this section are—

8 (1) to provide assistance to State educational

9 agencies and local educational agencies in imple10 menting effective research-based mathematics pro11 grams for students in secondary schools, including

12 students with disabilities and students with limited

13 English proficiency;

14 (2) to improve instruction in mathematics for

15 students in secondary school through the implementa16 tion of mathematics programs and the support of

17 comprehensive mathematics initiatives that are based

18 on the best available evidence of effectiveness;

19 (3) to provide targeted help to low-income stu20 dents who are struggling with mathematics and whose

21 achievement is significantly below grade level; and

22 (4) to provide in-service training for mathe23 matics coaches who can assist secondary school teach24 ers to utilize research-based mathematics instruction

25 to develop and improve students’ mathematical abili-
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1 ties and knowledge, and assist teachers in assessing

2 and improving student academic achievement.

3 (b) DEFINITIONS.—In this section:

4 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

5 The term ‘‘eligible local educational agency’’ means a

6 local educational agency that is eligible to receive

7 funds, and that is receiving funds, under part A of

8 title I of the Elementary and Secondary Education

9 Act of 1965 (20 U.S.C. 6311 et seq.).

10 (2) MATHEMATICS COACH.—The term ‘‘mathe11 matics coach’’ means a certified or licensed teacher,

12 with a demonstrated effectiveness in teaching mathe13 matics to students with specialized needs in mathe14 matics and improving student academic achievement

15 in mathematics, a command of mathematical content

16 knowledge, and the ability to work with classroom

17 teachers to improve the teachers’ instructional tech18 niques to support mathematics improvement, who

19 works on site at a school—

20 (A) to train teachers to better assess student

21 learning in mathematics;

22 (B) to train teachers to assess students’

23 mathematics skills and identify students who

24 need remediation; and
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1 (C) to provide or assess remedial mathe2 matics instruction, including for—

3 (i) students in after-school and summer

4 school programs;

5 (ii) students requiring additional in6 struction;

7 (iii) students with disabilities; and

8 (iv) students with limited English pro9 ficiency.

10 (3) SECONDARY SCHOOL.—The term ‘‘secondary

11 school’’ means a school that provides secondary edu12 cation, as determined under State law.

13 (4) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of Education.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated to carry out this section such

17 sums as be necessary for fiscal year 2008 and each of the

18 3 succeeding fiscal years.

19 (d) GRANTS AUTHORIZED.—

20 (1) IN GENERAL.—From funds appropriated

21 under subsection (c) for a fiscal year, the Secretary

22 shall establish a program, in accordance with the re23 quirements of this section, that will provide grants on

24 a competitive basis to State educational agencies to

25 award grants and subgrants to eligible local edu-
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1 cational agencies for the purpose of establishing math2 ematics programs to improve the overall mathematics

3 performance of secondary school students in the State.

4 (2) LENGTH OF GRANT.—A grant to a State edu5 cational agency under this section shall be awarded

6 for a period of 4 years.

7 (e) RESERVATION OF FUNDS BY THE SECRETARY.—

8 From amounts appropriated under subsection (c) for a fis9 cal year, the Secretary may reserve—

10 (1) not more than 3 percent of such amounts to

11 fund national activities in support of the programs

12 assisted under this section, such as research and dis13 semination of best practices, except that the Secretary

14 may not use the reserved funds to award grants di15 rectly to local educational agencies; and

(2) not more than 1 16 ⁄2 of 1 percent of such

17 amounts for the Bureau of Indian Education of the

18 Department of the Interior to carry out the services

19 and activities described in subsection (l)(3) for Indian

20 children.

21 (f) GRANT FORMULAS.—

22 (1) COMPETITIVE GRANTS TO STATE EDU23 CATIONAL AGENCIES.—From amounts appropriated

24 under subsection (c) and not reserved under sub25 section (e), the Secretary shall award grants, on a
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1 competitive basis, to State educational agencies to en2 able the State educational agencies to provide sub3 grants to eligible local educational agencies to estab4 lish mathematics programs for the purpose of improv5 ing overall mathematics performance among students

6 in secondary school in the State.

7 (2) MINIMUM GRANT.—The Secretary shall en8 sure that the minimum grant made to any state edu9 cational agency under this section shall be not less

10 than $500,000.

11 (g) APPLICATIONS.—

12 (1) IN GENERAL.—In order to receive a grant

13 under this section, a State educational agency shall

14 submit an application to the Secretary at such time,

15 in such manner, and accompanied by such informa16 tion as the Secretary may require. Each such appli17 cation shall meet the following conditions:

18 (A) A State educational agency shall not

19 include the application for assistance under this

20 section in a consolidated application submitted

21 under section 9302 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 7842).

23 (B) The State educational agency’s applica24 tion shall include assurances that such applica25 tion and any technical assistance provided by
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1 the State will be guided by a peer review team,

2 which shall consist of—

3 (i) researchers with expertise in the

4 pedagogy of mathematics;

5 (ii) mathematicians; and

6 (iii) mathematics educators serving

7 high-risk, high-achievement schools and eli8 gible local educational agencies.

9 (C) The State educational agency will par10 ticipate, if requested, in any evaluation of the

11 State educational agency’s program under this

12 section.

13 (D) The State educational agency’s applica14 tion shall include a program plan that contains

15 a description of the following:

16 (i) How the State educational agency

17 will assist eligible local educational agencies

18 in implementing subgrants, including pro19 viding ongoing professional development for

20 mathematics coaches, teachers, paraprofes21 sionals, and administrators.

22 (ii) How the State educational agency

23 will help eligible local educational agencies

24 identify high-quality screening, diagnostic,
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1 and classroom-based instructional mathe2 matics assessments.

3 (iii) How the State educational agency

4 will help eligible local educational agencies

5 identify high-quality research-based mathe6 matics materials and programs.

7 (iv) How the State educational agency

8 will help eligible local educational agencies

9 identify appropriate and effective materials,

10 programs, and assessments for students with

11 disabilities and students with limited

12 English proficiency.

13 (v) How the State educational agency

14 will ensure that professional development

15 funded under this section—

16 (I) is based on mathematics re17 search;

18 (II) will effectively improve in19 structional practices for mathematics

20 for secondary school students;

21 (III) will improve student aca22 demic achievement in mathematics;

23 and

24 (IV) is coordinated with profes25 sional development activities funded
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1 through other programs, including sec2 tion 2113 of the Elementary and Sec3 ondary Education Act of 1965 (20

4 U.S.C. 6613).

5 (vi) How funded activities will help

6 teachers and other instructional staff to im7 plement research-based components of math8 ematics instruction and improve student

9 academic achievement.

10 (vii) The subgrant process the State

11 educational agency will use to ensure that

12 eligible local educational agencies receiving

13 subgrants implement programs and prac14 tices based on mathematics research.

15 (viii) How the State educational agen16 cy will build on and promote coordination

17 among mathematics programs in the State

18 to increase overall effectiveness in improv19 ing mathematics instruction and student

20 academic achievement, including for stu21 dents with disabilities and students with

22 limited English proficiency.

23 (ix) How the State educational agency

24 will regularly assess and evaluate the effec-
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1 tiveness of the eligible local educational

2 agency activities funded under this section.

3 (h) STATE USE OF FUNDS.—Each State educational

4 agency receiving a grant under this section shall—

5 (1) establish a peer review team comprised of re6 searchers with expertise in the pedagogy of mathe7 matics, mathematicians, and mathematics educators

8 from high-risk, high-achievement schools, to provide

9 guidance to eligible local educational agencies in se10 lecting or developing and implementing appropriate,

11 research-based mathematics programs for secondary

12 school students;

13 (2) use 80 percent of the grant funds received

14 under this section for a fiscal year to fund high-qual15 ity applications for subgrants to eligible local edu16 cational agencies having applications approved under

17 subsection (l); and

18 (3) use 20 percent of the grant funds received

19 under this section—

20 (A) to carry out State-level activities de21 scribed in the application submitted under sub22 section (g);

23 (B) to provide—

24 (i) technical assistance to eligible local

25 educational agencies; and
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1 (ii) high-quality professional develop2 ment to teachers and mathematics coaches

3 in the State;

4 (C) to oversee and evaluate subgrant serv5 ices and activities undertaken by the eligible

6 local educational agencies as described in sub7 section (l)(3); and

8 (D) for administrative costs, of which not

9 more than 5 percent of the grant funds may be

10 used for planning, administration, and report11 ing.

12 (i) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL AGEN13 CIES.—Each State educational agency receiving a grant

14 under this section shall provide notice to all eligible local

15 educational agencies in the State about the availability of

16 subgrants under this section.

17 (j) PROHIBITIONS.—

18 (1) IN GENERAL.—In implementing this section,

19 the Secretary shall not—

20 (A) endorse, approve, or sanction any math21 ematics curriculum designed for use in any

22 school; or

23 (B) engage in oversight, technical assist24 ance, or activities that will require the adoption

25 of a specific mathematics program or instruc-
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1 tional materials by a State, local educational

2 agency, or school.

3 (2) CONFLICT OF INTEREST.—Any federal em4 ployee, contractor, or subcontractor involved in the

5 administration, implementation, or provision of over6 sight or technical assistance duties or activities under

7 this section shall—

8 (A) disclose to the Secretary any financial

9 ties to publishers, entities, private individuals,

10 or organizations that will benefit from funds

11 provided under this section; and

12 (B) be prohibited from maintaining signifi13 cant financial interests in areas directly related

14 to duties or activities under this section, unless

15 granted a waiver by the Secretary.

16 (3) REPORTING.—The Secretary shall report an17 nually to the Committee on Health, Education,

18 Labor, and Pensions of the Senate, and the Com19 mittee on Education and Labor of the House of Rep20 resentatives, on each of the waivers granted under

21 paragraph (2)(B).

22 (4) RULE OF CONSTRUCTION.—Nothing in this

23 section shall be construed to authorize or permit the

24 Secretary, Department of Education, or a Depart25 ment of Education contractor, to mandate, direct,
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1 control, or suggest the selection of a mathematics cur2 riculum, supplemental instructional materials, or

3 program of instruction by a State, local educational

4 agency, or school.

5 (k) SUPPLEMENT NOT SUPPLANT.—Each State edu6 cational agency receiving a grant under this section shall

7 use the grant funds to supplement, not supplant, State

8 funding for activities authorized under this section or for

9 other educational activities.

10 (l) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL

11 AGENCIES.—

12 (1) APPLICATION.—

13 (A) IN GENERAL.—Each eligible local edu14 cational agency desiring a subgrant under this

15 subsection shall submit an application to the

16 State educational agency in the form and ac17 cording to the schedule established by the State

18 educational agency.

19 (B) CONTENTS.—In addition to any infor20 mation required by the State educational agency,

21 each application under paragraph (1) shall dem22 onstrate how the eligible local educational agency

23 will carry out the following required activities:
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1 (i) Development or selection and im2 plementation of research-based mathematics

3 assessments.

4 (ii) Development or selection and im5 plementation of research-based mathematics

6 programs, including programs for students

7 with disabilities and students with limited

8 English proficiency.

9 (iii) Selection of instructional mate10 rials based on mathematics research.

11 (iv) High-quality professional develop12 ment for mathematics coaches and teachers

13 based on mathematics research.

14 (v) Evaluation and assessment strate15 gies.

16 (vi) Reporting.

17 (vii) Providing access to research-based

18 mathematics materials.

19 (C) CONSORTIA.—Consistent with State

20 law, an eligible local educational agency may

21 apply to the State educational agency for a

22 subgrant as a member of a consortium of local

23 educational agencies if each member of the con24 sortium is an eligible local educational agency.

25 (2) AWARD BASIS.—
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1 (A) PRIORITY.—A State educational agency

2 awarding subgrants under this subsection shall

3 give priority to eligible local educational agen4 cies that—

5 (i) are among the local educational

6 agencies in the State with the lowest grad7 uation rates, as described in section

8 1111(b)(2)(C)(vi) of the Elementary and

9 Secondary Education Act of 1965 (20

10 U.S.C. 6311(b)(2)(C)(vi)); and

11 (ii) have the highest number or per12 centage of students who are counted under

13 section 1124(c) of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C.

15 6333(c)).

16 (B) AMOUNT OF GRANTS.—Subgrants under

17 this subsection shall be of sufficient size and

18 scope to enable eligible local educational agencies

19 to fully implement activities assisted under this

20 subsection.

21 (3) LOCAL USE OF FUNDS.—Each eligible local

22 educational agency receiving a subgrant under this

23 subsection shall use the subgrant funds to carry out,

24 at the secondary school level, the following services

25 and activities:
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1 (A) Hiring mathematics coaches and pro2 viding professional development for mathematics

3 coaches—

4 (i) at a level to provide effective coach5 ing to classroom teachers;

6 (ii) to work with classroom teachers to

7 better assess student academic achievement

8 in mathematics;

9 (iii) to work with classroom teachers to

10 identify students with mathematics prob11 lems and, where appropriate, refer students

12 to available programs for remediation and

13 additional services;

14 (iv) to work with classroom teachers to

15 diagnose and remediate mathematics dif16 ficulties of the lowest-performing students,

17 so that those teachers can provide intensive,

18 research-based instruction, including during

19 after-school and summer sessions, geared to20 ward ensuring that those students can ac21 cess and be successful in rigorous academic

22 coursework; and

23 (v) to assess and organize student data

24 on mathematics and communicate that data
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1 to school administrators to inform school re2 form efforts.

3 (B) Reviewing, analyzing, developing, and,

4 where possible, adapting curricula to make sure

5 mathematics skills are taught within other core

6 academic subjects.

7 (C) Providing mathematics professional de8 velopment for all relevant teachers in secondary

9 school, as necessary, that addresses both remedial

10 and higher level mathematics skills for students

11 in the applicable curriculum.

12 (D) Providing professional development for

13 teachers, administrators, and paraprofessionals

14 serving secondary schools to help the teachers,

15 administrators, and paraprofessionals improve

16 student academic achievement in mathematics.

17 (E) Procuring and implementing programs

18 and instructional materials based on mathe19 matics research, including software and other

20 education technology related to mathematics in21 struction with demonstrated effectiveness in im22 proving mathematics instruction and student

23 academic achievement.

24 (F) Building on and promoting coordina25 tion among mathematics programs in the eligible
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1 local educational agency to increase overall effec2 tiveness in—

3 (i) improving mathematics instruction;

4 and

5 (ii) increasing student academic

6 achievement, including for students with

7 disabilities and students with limited

8 English proficiency.

9 (G) Evaluating the effectiveness of the in10 structional strategies, teacher professional devel11 opment programs, and other interventions that

12 are implemented under the subgrant; and

13 (H) Measuring improvement in student

14 academic achievement, including through

15 progress monitoring or other assessments.

16 (4) SUPPLEMENT NOT SUPPLANT.—Each eligible

17 local educational agency receiving a subgrant under

18 this subsection shall use the subgrant funds to supple19 ment, not supplant, the eligible local educational

20 agency’s funding for activities authorized under this

21 section or for other educational activities.

22 (5) NEW SERVICES AND ACTIVITIES.—Subgrant

23 funds provided under this subsection may be used

24 only to provide services and activities authorized
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1 under this section that were not provided on the day

2 before the date of enactment of this Act.

3 (6) EVALUATIONS.—Each eligible local edu4 cational agency receiving a grant under this sub5 section shall participate, as requested by the State

6 educational agency or the Secretary, in reviews and

7 evaluations of the programs of the eligible local edu8 cational agency and the effectiveness of such pro9 grams, and shall provide such reports as are requested

10 by the State educational agency and the Secretary.

11 (m) MATCHING REQUIREMENTS.—

12 (1) STATE EDUCATIONAL AGENCY REQUIRE13 MENTS.—A State educational agency that receives a

14 grant under this section shall provide, from non-Fed15 eral sources, an amount equal to 50 percent of the

16 amount of the grant, in cash or in-kind, to carry out

17 the activities supported by the grant, of which not

18 more than 20 percent of such 50 percent may be pro19 vided by local educational agencies within the State.

20 (2) WAIVER.—The Secretary may waive all or a

21 portion of the matching requirements described in

22 paragraph (1) for any fiscal year, if the Secretary de23 termines that—
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1 (A) the application of the matching require2 ment will result in serious hardship for the State

3 educational agency; or

4 (B) providing a waiver best serves the pur5 pose of the program assisted under this section.

6 (n) PROGRAM PERFORMANCE AND ACCOUNTABILITY.—

7 (1) INFORMATION.—Each State educational

8 agency receiving a grant under this section shall col9 lect and report to the Secretary annually such infor10 mation on the results of the grant as the Secretary

11 may reasonably require, including information on—

12 (A) mathematics achievement data that

13 show the progress of students participating in

14 projects under this section (including, to the ex15 tent practicable, comparable data from students

16 not participating in such projects), based pri17 marily on the results of State, school district18 wide, or classroom-based monitoring reports or

19 assessments, including—

20 (i) specific identification of those

21 schools and eligible local educational agen22 cies that report the largest gains in mathe23 matics achievement; and
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1 (ii) evidence on whether the State edu2 cational agency and eligible local edu3 cational agencies within the State have—

4 (I) significantly increased the

5 number of students achieving at the

6 proficient or advanced level on the

7 State student academic achievement

8 standards in mathematics under sec9 tion 1111(b)(1)(D)(ii) of the Elemen10 tary and Secondary Education Act of

11 1965 (20 U.S.C. 6311(b)(1)(D)(ii));

12 (II) significantly increased the

13 percentages of students described in

14 section 1111(b)(2)(C)(v)(II) of the Ele15 mentary and Secondary Education Act

16 of 1965 (20 U.S.C.

17 6311(b)(2)(C)(v)(II)) who are achiev18 ing proficiency or advanced levels on

19 such State academic content standards

20 in mathematics;

21 (III) significantly increased the

22 number of students making significant

23 progress toward meeting such State

24 academic content and achievement

25 standards in mathematics; and
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1 (IV) successfully implemented this

2 section;

3 (B) the percentage of students in the schools

4 served by the eligible local educational agency

5 who enroll in advanced mathematics courses in

6 grades 9 through 12, including the percentage of

7 such students who pass such courses; and

8 (C) the progress made in increasing the

9 quality and accessibility of professional develop10 ment and leadership activities in mathematics,

11 especially activities resulting in greater content

12 knowledge and expertise of teachers, administra13 tors, and other school staff, except that the Sec14 retary shall not require such information until

15 after the third year of a grant awarded under

16 this section.

17 (2) REPORTING AND DISAGGREGATION.—The in18 formation required under paragraph (1) shall be—

19 (A) reported in a manner that allows for a

20 comparison of aggregated score differentials of

21 student academic achievement before (to the ex22 tent feasible) and after implementation of the

23 project assisted under this section; and

24 (B) disaggregated in the same manner as

25 information is disaggregated under section
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1 1111(h)(1)(C)(i) of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C.

3 6311(h)(1)(C)(i)).

4 TITLE III—FOREIGN LANGUAGE

5 PARTNERSHIP PROGRAM

6 SEC. 3301. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress makes the following findings:

8 (1) The United States faces a shortage of skilled

9 professionals with higher levels of proficiency in for10 eign languages and area knowledge critical to the Na11 tion’s security.

12 (2) Given the Nation’s economic competitiveness

13 interests, it is crucial that our Nation expand the

14 number of Americans who are able to function effec15 tively in the environments in which critical foreign

16 languages are spoken.

17 (3) Students’ ability to become proficient in for18 eign languages can be addressed by starting language

19 learning at a younger age and expanding opportuni20 ties for continuous foreign language education from

21 elementary school through postsecondary education.

22 (b) PURPOSE.—The purpose of this title is to signifi23 cantly increase—
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1 (1) the opportunities to study critical foreign

2 languages and the context in which the critical for3 eign languages are spoken; and

4 (2) the number of American students who achieve

5 the highest level of proficiency in critical foreign lan6 guages.

7 SEC. 3302. DEFINITIONS.

8 In this title:

9 (1) ELIGIBLE RECIPIENT.—The term ‘‘eligible re10 cipient’’ means an institution of higher education

11 that receives grant funds under this title on behalf of

12 a partnership for use in carrying out the activities

13 assisted under this title.

14 (2) PARTNERSHIP.—The term ‘‘partnership’’

15 means a partnership that—

16 (A) shall include—

17 (i) an institution of higher education;

18 and

19 (ii) 1 or more local educational agen20 cies; and

21 (B) may include 1 or more entities that

22 support the purposes of this title.

23 (3) SUPERIOR LEVEL OF PROFICIENCY.—The

24 term ‘‘superior level of proficiency’’ means level 3, the

25 professional working level, as measured by the Federal
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1 Interagency Language Roundtable (ILR) or by other

2 generally recognized measures of superior standards.

3 SEC. 3303. PROGRAM AUTHORIZED.

4 (a) PROGRAM AUTHORIZED.—

5 (1) IN GENERAL.—The Secretary is authorized to

6 award grants to eligible recipients to enable partner7 ships served by the eligible recipients to establish ar8 ticulated programs of study in critical foreign lan9 guages that will enable students to advance success10 fully from elementary school through postsecondary

11 education and achieve higher levels of proficiency in

12 a critical foreign language.

13 (2) DURATION.—A grant awarded under para14 graph (1) shall be for a period of not more than 5

15 years. A grant may be renewed for not more than 2

16 additional 5-year periods, if the Secretary determines

17 that the partnership’s program is effective and the re18 newal will best serve the purposes of this title.

19 (b) APPLICATIONS.—

20 (1) IN GENERAL.—Each eligible recipient desir21 ing a grant under this section shall submit an appli22 cation to the Secretary at such time, in such manner,

23 and containing such information as the Secretary

24 may require.

25 (2) CONTENTS.—Each application shall—
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1 (A) identify each local educational agency

2 partner, including contact information and let3 ters of commitment, and describe the responsibil4 ities of each member of the partnership,

5 including—

6 (i) how each of the partners will be in7 volved in planning, developing, and

8 implementing—

9 (I) program curriculum and ma10 terials; and

11 (II) teacher professional develop12 ment;

13 (ii) what resources each of the partners

14 will provide; and

15 (iii) how the partners will contribute

16 to ensuring the continuity of student

17 progress from elementary school through the

18 postsecondary level;

19 (B) describe how an articulated curriculum

20 for students will be developed and implemented,

21 which may include the use and integration of

22 technology into such curriculum;

23 (C) identify target proficiency levels for stu24 dents at critical benchmarks (such as grades 4,

25 8, and 12), and describe how progress toward
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1 those proficiency levels will be assessed at the

2 benchmarks, and how the program will use the

3 results of the assessments to ensure continuous

4 progress toward achieving a superior level of

5 proficiency at the postsecondary level;

6 (D) describe how the partnership will—

7 (i) ensure that students from a pro8 gram assisted under this title who are be9 ginning postsecondary education will be as10 sessed and enabled to progress to a superior

11 level of proficiency;

12 (ii) address the needs of students al13 ready at, or near, the superior level of pro14 ficiency, which may include diagnostic as15 sessments for placement purposes, cus16 tomized and individualized language learn17 ing opportunities, and experimental and

18 interdisciplinary language learning; and

19 (iii) identify and describe how the

20 partnership will work with institutions of

21 higher education outside the partnership to

22 provide participating students with mul23 tiple options for postsecondary education

24 consistent with the purposes of this title;
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1 (E) describe how the partnership will sup2 port and continue the program after the grant

3 has expired, including how the partnership will

4 seek support from other sources, such as State

5 and local governments, foundations, and the pri6 vate sector; and

7 (F) describe what assessments will be used

8 or, if assessments not available, how assessments

9 will be developed.

10 (c) USES OF FUNDS.—Grant funds awarded under

11 this title—

12 (1) shall be used to develop and implement pro13 grams at the elementary school level through postsec14 ondary education, consistent with the purpose of this

15 title, including—

16 (A) the development of curriculum and in17 structional materials; and

18 (B) recruitment of students; and

19 (2) may be used for—

20 (A) teacher recruitment (including recruit21 ment from other professions and recruitment of

22 native-language speakers in the community) and

23 professional development directly related to the

24 purposes of this title at the elementary school

25 through secondary school levels;
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1 (B) development of appropriate assessments;

2 (C) opportunities for maximum language

3 exposure for students in the program, such as the

4 creation of immersion environments (such as

5 language houses, language tables, immersion

6 classrooms, and weekend and summer experi7 ences) and special tutoring and academic sup8 port;

9 (D) dual language immersion programs;

10 (E) scholarships and study-abroad opportu11 nities, related to the program, for postsecondary

12 students and newly recruited teachers who have

13 advanced levels of proficiency in a critical for14 eign language, except that not more than 20 per15 cent of the grant funds provided to an eligible re16 cipient under this section for a fiscal year may

17 be used to carry out this subparagraph;

18 (F) activities to encourage community in19 volvement to assist in meeting the purposes of

20 this title;

21 (G) summer institutes for students and

22 teachers;

23 (H) bridge programs that allow dual enroll24 ment for secondary school students in institu25 tions of higher education;
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1 (I) programs that expand the under2 standing and knowledge of historic, geographic,

3 and contextual factors within countries with

4 populations who speak critical foreign languages,

5 if such programs are carried out in conjunction

6 with language instruction;

7 (J) research on, and evaluation of, the

8 teaching of critical foreign languages;

9 (K) data collection and analysis regarding

10 the results of—

11 (i) various student recruitment strate12 gies;

13 (ii) program design; and

14 (iii) curricular approaches;

15 (L) the impact of the strategies, program

16 design, and curricular approaches described in

17 subparagraph (K) on increasing—

18 (i) the number of students studying

19 critical foreign languages; and

20 (ii) the proficiency of the students in

21 the critical foreign languages; and

22 (M) distance learning projects for critical

23 foreign language learning.

24 (d) MATCHING REQUIREMENT.—
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1 (1) IN GENERAL.—An eligible recipient that re2 ceives a grant under this title shall provide, toward

3 the cost of carrying out the activities supported by the

4 grant, from non-Federal sources, an amount equal

5 to—

6 (A) 20 percent of the amount of the grant

7 payment for the first fiscal year for which a

8 grant payment is made;

9 (B) 30 percent of the amount of the grant

10 payment for the second such fiscal year;

11 (C) 40 percent of the amount of the grant

12 payment for the third such fiscal year; and

13 (D) 50 percent of the amount of the grant

14 payment for each of the fourth and fifth such fis15 cal years.

16 (2) NON-FEDERAL SHARE.—The non-Federal

17 share required under paragraph (1) may be provided

18 in cash or in-kind.

19 (3) WAIVER.—The Secretary may waive all or

20 part of the matching requirement of paragraph (1),

21 for any fiscal year, if the Secretary determines that—

22 (A) the application of the matching require23 ment will result in serious hardship for the part24 nership; or
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1 (B) the waiver will best serve the purposes

2 of this title.

3 (e) SUPPLEMENT NOT SUPPLANT.—Grant funds pro4 vided under this title shall be used to supplement, not sup5 plant, other Federal and non-Federal funds available to

6 carry out the activities described in subsection (c).

7 (f) TECHNICAL ASSISTANCE.—The Secretary shall

8 enter into a contract to establish a technical assistance cen9 ter to provide technical assistance to partnerships devel10 oping critical foreign language programs assisted under

11 this section. The center shall—

12 (1) assist the partnerships in the development of

13 critical foreign language instructional materials and

14 assessments; and

15 (2) disseminate promising foreign language in16 structional practices.

17 (g) PROGRAM EVALUATION.—

18 (1) IN GENERAL.—The Secretary may reserve

19 not more than 5 percent of the total amount appro20 priated for this title for any fiscal year to annually

21 evaluate the programs under this title.

22 (2) REPORT.—The Secretary shall prepare and

23 annually submit, to the Committee on Health, Edu24 cation, Labor, and Pensions of the Senate, the Com25 mittee on Education and the Workforce of the House
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1 of Representatives, and the Committees on Appropria2 tions of the Senate and House of Representatives, a

3 report on the results of any program evaluation con4 ducted under this subsection.

5 SEC. 3304. AUTHORIZATION OF APPROPRIATIONS.

6 For the purpose of carrying out this title, there are

7 authorized to be appropriated $22,000,000 for fiscal year

8 2008, and such sums as may be necessary for each of the

9 3 succeeding fiscal years.

10 TITLE IV—ALIGNMENT OF

11 EDUCATION PROGRAMS

12 SEC. 3401. ALIGNMENT OF SECONDARY SCHOOL GRADUA13 TION REQUIREMENTS WITH THE DEMANDS

14 OF 21ST CENTURY POSTSECONDARY ENDEAV15 ORS AND SUPPORT FOR P–16 EDUCATION

16 DATA SYSTEMS.

17 (a) PURPOSE.—It is the purpose of this section—

18 (1) to promote more accountability with respect

19 to preparation for higher education, the 21st century

20 workforce, and the Armed Forces, by aligning—

21 (A) student knowledge, student skills, State

22 academic content standards and assessments,

23 and curricula, in elementary and secondary edu24 cation, especially with respect to mathematics,
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1 science, reading, and, where applicable, engineer2 ing and technology; with

3 (B) the demands of higher education, the

4 21st century workforce, and the Armed Forces;

5 (2) to support the establishment or improvement

6 of statewide P–16 education data systems that—

7 (A) assist States in improving the rigor and

8 quality of State academic content standards and

9 assessments;

10 (B) ensure students are prepared to succeed

11 in—

12 (i) academic credit-bearing coursework

13 in higher education without the need for re14 mediation;

15 (ii) the 21st century workforce; or

16 (iii) the Armed Forces; and

17 (3) enable States to have valid and reliable in18 formation to inform education policy and practice.

19 (b) DEFINITIONS.—In this section:

20 (1) INSTITUTION OF HIGHER EDUCATION.—The

21 term ‘‘institution of higher education’’ has the mean22 ing given the term in section 101(a) of the Higher

23 Education Act of 1965 (20 U.S.C. 1001(a)).
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1 (2) P–16 EDUCATION.—The term ‘‘P–16 edu2 cation’’ means the educational system from preschool

3 through the conferring of a baccalaureate degree.

4 (3) STATEWIDE PARTNERSHIP.—The term

5 ‘‘statewide partnership’’ means a partnership that—

6 (A) shall include—

7 (i) the Governor of the State or the des8 ignee of the Governor;

9 (ii) the heads of the State systems for

10 public higher education, or, if such a posi11 tion does not exist, not less than 1 rep12 resentative of a public degree-granting insti13 tution of higher education;

14 (iii) a representative of the agencies in

15 the State that administer Federal or State16 funded early childhood education programs;

17 (iv) not less than 1 representative of a

18 public community college;

19 (v) not less than 1 representative of a

20 technical school;

21 (vi) not less than 1 representative of a

22 public secondary school;

23 (vii) the chief State school officer;

24 (viii) the chief executive officer of the

25 State higher education coordinating board;
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1 (ix) not less than 1 public elementary

2 school teacher employed in the State;

3 (x) not less than 1 early childhood edu4 cator in the State;

5 (xi) not less than 1 public secondary

6 school teacher employed in the State;

7 (xii) not less than 1 representative of

8 the business community in the State; and

9 (xiii) not less than 1 member of the

10 Armed Forces; and

11 (B) may include other individuals or rep12 resentatives of other organizations, such as a

13 school administrator, a faculty member at an in14 stitution of higher education, a member of a

15 civic or community organization, a representa16 tive from a private institution of higher edu17 cation, a dean or similar representative of a

18 school of education at an institution of higher

19 education or a similar teacher certification or li20 censure program, or the State official responsible

21 for economic development.

22 (c) GRANTS AUTHORIZED.—The Secretary is author23 ized to award grants, on a competitive basis, to States to

24 enable each such State to work with a statewide

25 partnership—
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1 (1) to promote better alignment of content knowl2 edge requirements for secondary school graduation

3 with the knowledge and skills needed to succeed in

4 postsecondary education, the 21st century workforce,

5 or the Armed Forces; or

6 (2) to establish or improve a statewide P–16

7 education data system.

8 (d) PERIOD OF GRANTS; NON-RENEWABILITY.—

9 (1) GRANT PERIOD.—The Secretary shall award

10 a grant under this section for a period of not more

11 than 3 years.

12 (2) NON-RENEWABILITY.—The Secretary shall

13 not award a State more than 1 grant under this sec14 tion.

15 (e) AUTHORIZED ACTIVITIES.—

16 (1) GRANTS FOR P–16 ALIGNMENT.—Each State

17 receiving a grant under subsection (c)(1)—

18 (A) shall use the grant funds for—

19 (i) identifying and describing the con20 tent knowledge and skills students who enter

21 institutions of higher education, the work22 force, and the Armed Forces need to have in

23 order to succeed without any remediation

24 based on detailed requirements obtained
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1 from institutions of higher education, em2 ployers, and the Armed Forces;

3 (ii) identifying and making changes

4 that need to be made to a State’s secondary

5 school graduation requirements, academic

6 content standards, academic achievement

7 standards, and assessments preceding grad8 uation from secondary school in order to

9 align the requirements, standards, and as10 sessments with the knowledge and skills nec11 essary for success in academic credit-bear12 ing coursework in postsecondary education,

13 in the 21st century workforce, and in the

14 Armed Forces without the need for remedi15 ation;

16 (iii) convening stakeholders within the

17 State and creating a forum for identifying

18 and deliberating on education issues that—

19 (I) involve preschool through

20 grade 12 education, postsecondary edu21 cation, the 21st century workforce, and

22 the Armed Forces; and

23 (II) transcend any single system

24 of education’s ability to address; and
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1 (iv) implementing activities designed

2 to ensure the enrollment of all elementary

3 school and secondary school students in rig4 orous coursework, which may include—

5 (I) specifying the courses and per6 formance levels necessary for accept7 ance into institutions of higher edu8 cation; and

9 (II) developing or providing guid10 ance to local educational agencies

11 within the State on the adoption of

12 curricula and assessments aligned with

13 State academic content standards,

14 which assessments may be used as

15 measures of student academic achieve16 ment in secondary school as well as for

17 entrance or placement at institutions

18 of higher education, including through

19 collaboration with institutions of high20 er education in, or State educational

21 agencies serving, other States; and

22 (B) may use the grant funds for—

23 (i) developing and making available

24 specific opportunities for extensive profes25 sional development for teachers, paraprofes-
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1 sionals, principals, and school administra2 tors, including collection and dissemination

3 of effective teaching practices to improve in4 struction and instructional support mecha5 nisms;

6 (ii) identifying changes in State aca7 demic content standards, academic achieve8 ment standards, and assessments for stu9 dents in grades preceding secondary school

10 in order to ensure such standards and as11 sessments are appropriately aligned and

12 adequately reflect the content needed to pre13 pare students to enter secondary school;

14 (iii) developing a plan to provide re15 mediation and additional learning opportu16 nities for students who are performing

17 below grade level to ensure that all students

18 will have the opportunity to meet secondary

19 school graduation requirements;

20 (iv) identifying and addressing teacher

21 certification needs; or

22 (v) incorporating 21st century learn23 ing skills into the State plan, which skills

24 shall include critical thinking, problem solv25 ing, communication, collaboration, global
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1 awareness, and business and financial lit2 eracy.

3 (2) GRANTS FOR STATEWIDE P–16 EDUCATION

4 DATA SYSTEMS.—

5 (A) ESTABLISHMENT OF SYSTEM.—Each

6 State that receives a grant under subsection

7 (c)(2) shall establish a statewide P–16 education

8 longitudinal data system that—

9 (i) provides each student, upon enroll10 ment in a public elementary school or sec11 ondary school in the State, with a unique

12 identifier, such as a bar code, that—

13 (I) does not permit a student to be

14 individually identified by users of the

15 system; and

16 (II) is retained throughout the

17 student’s enrollment in P–16 education

18 in the State; and

19 (ii) meets the requirements of subpara20 graphs (B) through (E).

21 (B) IMPROVEMENT OF EXISTING SYSTEM.—

22 Each State that receives a grant under sub23 section (c)(2) for the improvement of a statewide

24 P–16 education data system may employ, co25 ordinate, or revise an existing statewide data
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1 system to establish a statewide longitudinal P–

2 16 education data system that meets the require3 ments of subparagraph (A), if the statewide lon4 gitudinal P–16 education data system produces

5 valid and reliable data.

6 (C) PRIVACY AND ACCESS TO DATA.—

7 (i) IN GENERAL.—Each State that re8 ceives a grant under subsection (c)(2) shall

9 implement measures to—

10 (I) limit the State’s use of infor11 mation in the statewide P–16 edu12 cation data system to the purposes and

13 functions for use of such information

14 set forth in Federal or State law re15 garding education and allow access to

16 the information in the statewide data

17 system only to those State employees,

18 and only on such terms, as may be

19 necessary to fulfill those purposes and

20 functions;

21 (II) prohibit the disclosure of in22 formation in the statewide P–16 edu23 cation data system to any other per24 son, agency, institution, or entity, ex25 cept to the extent necessary to assist
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1 the State in fulfilling the purposes and

2 functions for use of such information

3 set forth in Federal or State law re4 garding education, and only if such

5 party has signed a data use agreement

6 that—

7 (aa) prohibits the party from

8 further disclosing the information;

9 (bb) prohibits the party from

10 using the information for any

11 purpose other than the purpose

12 specified in the agreement, which

13 purpose must relate to assisting

14 the State in carrying out the pur15 poses and functions for use of such

16 information set forth in Federal

17 or State law regarding education;

18 and

19 (cc) requires the party to de20 stroy the information when the

21 purpose for which the disclosure

22 was made is accomplished;

23 (III) keep an accurate accounting

24 of the date, nature, and purpose of

25 each disclosure of information in the
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1 statewide P–16 education data system,

2 and the name and address of the per3 son, agency, institution, or entity to

4 whom the disclosure is made, which ac5 counting shall be made available on re6 quest to parents of any student whose

7 information has been disclosed;

8 (IV) maintain adequate security

9 measures to ensure the confidentiality

10 and integrity of the data system;

11 (V) ensure that the statewide P–

12 16 education data system meets any

13 further requirements of the Family

14 Educational Rights and Privacy Act of

15 1974 (20 U.S.C. 1232g);

16 (VI) where rights are provided to

17 parents under this clause, provide those

18 rights to the student instead of the par19 ent if the student has reached the age

20 of 18 or is enrolled in a postsecondary

21 educational institution; and

22 (VII) ensure adequate enforcement

23 of the requirements of this clause.

24 (ii) USE OF UNIQUE IDENTIFIERS.—
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1 (I) GOVERNMENTAL USE OF

2 UNIQUE IDENTIFIERS.—It shall be un3 lawful for any Federal, State, or local

4 governmental agency to use the unique

5 identifiers employed in the statewide

6 P–16 education data systems for any

7 purpose other than as authorized by

8 Federal or State law regarding edu9 cation, or to deny any individual any

10 right, benefit, or privilege provided by

11 law because of such individual’s refusal

12 to disclose the individual’s unique

13 identifier.

14 (II) REGULATIONS.—Not later

15 than 180 days after the date of enact16 ment of this Act, the Secretary of Edu17 cation shall promulgate regulations

18 governing the use by governmental and

19 non-governmental entities of the unique

20 identifiers employed in statewide P–16

21 education data systems, including,

22 where necessary, regulations requiring

23 States desiring grants for statewide P–

24 16 education data systems under this

25 section to implement specified meas-
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1 ures, with the goal of safeguarding in2 dividual privacy to the maximum ex3 tent practicable consistent with the

4 uses of the information authorized in

5 this Act or other Federal or State law

6 regarding education.

7 (D) REQUIRED ELEMENTS OF A STATEWIDE

8 P–16 EDUCATION DATA SYSTEM.—The State shall

9 ensure that the statewide P–16 education data

10 system includes the following elements:

11 (i) PRESCHOOL THROUGH GRADE 12

12 EDUCATION AND POSTSECONDARY EDU13 CATION.—With respect to preschool through

14 grade 12 education and postsecondary

15 education—

16 (I) a unique statewide student

17 identifier that does not permit a stu18 dent to be individually identified by

19 users of the system;

20 (II) student-level enrollment, de21 mographic, and program participation

22 information;

23 (III) student-level information

24 about the points at which students exit,
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1 transfer in, transfer out, drop out, or

2 complete P–16 education programs;

3 (IV) the capacity to communicate

4 with higher education data systems;

5 and

6 (V) a State data audit system as7 sessing data quality, validity, and reli8 ability.

9 (ii) PRESCHOOL THROUGH GRADE 12

10 EDUCATION.—With respect to preschool

11 through grade 12 education—

12 (I) yearly test records of indi13 vidual students with respect to assess14 ments under section 1111(b) of the Ele15 mentary and Secondary Education Act

16 of 1965 (20 U.S.C. 6311(b));

17 (II) information on students not

18 tested by grade and subject;

19 (III) a teacher identifier system

20 with the ability to match teachers to

21 students;

22 (IV) student-level transcript infor23 mation, including information on

24 courses completed and grades earned;

25 and
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1 (V) student-level college readiness

2 test scores.

3 (iii) POSTSECONDARY EDUCATION.—

4 With respect to postsecondary education,

5 data that provide—

6 (I) information regarding the ex7 tent to which students transition suc8 cessfully from secondary school to post9 secondary education, including whether

10 students enroll in remedial coursework;

11 and

12 (II) other information determined

13 necessary to address alignment and

14 adequate preparation for success in

15 postsecondary education.

16 (E) FUNCTIONS OF THE STATEWIDE P–16

17 EDUCATION DATA SYSTEM.—In implementing the

18 statewide P–16 education data system, the State

19 shall—

20 (i) identify factors that correlate to

21 students’ ability to successfully engage in

22 and complete postsecondary-level general

23 education coursework without the need for

24 prior developmental coursework;
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1 (ii) identify factors to increase the per2 centage of low-income and minority stu3 dents who are academically prepared to

4 enter and successfully complete postsec5 ondary-level general education coursework;

6 and

7 (iii) use the data in the system to oth8 erwise inform education policy and practice

9 in order to better align State academic con10 tent standards, and curricula, with the de11 mands of postsecondary education, the 21st

12 century workforce, and the Armed Forces.

13 (f) APPLICATION.—

14 (1) IN GENERAL.—Each State desiring a grant

15 under this section shall submit an application to the

16 Secretary at such time, in such manner, and con17 taining such information as the Secretary may rea18 sonably require.

19 (2) APPLICATION CONTENTS.—Each application

20 submitted under this section shall specify whether the

21 State application is for the conduct P–16 education

22 alignment activities, or the establishment or improve23 ment of a statewide P–16 education data system. The

24 application shall include, at a minimum, the fol25 lowing:
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1 (A) A description of the activities and pro2 grams to be carried out with the grant funds and

3 a comprehensive plan for carrying out the activi4 ties.

5 (B) A description of how the concerns and

6 interests of the larger education community, in7 cluding parents, students, teachers, teacher edu8 cators, principals, and preschool administrators

9 will be represented in carrying out the author10 ized activities described in subsection (e).

11 (C) In the case of a State applying for

12 funding for P–16 education alignment, a de13 scription of how the State will provide assistance

14 to local educational agencies in implementing

15 rigorous State academic content standards, sub16 stantive curricula, remediation, and acceleration

17 opportunities for students, as well as other

18 changes determined necessary by the State.

19 (D) In the case of a State applying for

20 funding to establish or improve a statewide P–

21 16 education data system—

22 (i) a description of the privacy protec23 tion and enforcement measures that the

24 State has implemented or will implement

25 pursuant to subparagraph (C), and assur-
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1 ances that these measures will be in place

2 prior to the establishment or improvement

3 of the statewide P–16 education data sys4 tem; and

5 (ii) an assurance that the State will

6 continue to fund the statewide P–16 edu7 cation data system after the end of the

8 grant period.

9 (g) SUPPLEMENT NOT SUPPLANT.—Grant funds pro10 vided under this section shall be used to supplement, not

11 supplant, other Federal, State, and local funds available to

12 carry out the authorized activities described in subsection

13 (e).

14 (h) MATCHING REQUIREMENT.—Each State that re15 ceives a grant under this section shall provide, from non16 Federal sources, an amount equal to 100 percent of the

17 amount of the grant, in cash or in kind, to carry out the

18 activities supported by the grant.

19 (i) RULE OF CONSTRUCTION.—Nothing in this section

20 shall be construed to require States to provide raw data

21 to the Secretary.

22 (j) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated to carry out this section

24 $100,000,000 for fiscal year 2008 and such sums as may

25 be necessary for fiscal year 2009.
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1 TITLE V—MATHEMATICS AND

2 SCIENCE PARTNERSHIP

3 BONUS GRANTS.

4 SEC. 3501. MATHEMATICS AND SCIENCE PARTNERSHIP

5 BONUS GRANTS.

6 (a) IN GENERAL.—From amounts appropriated under

7 subsection (d), the Secretary of Education shall award a

8 grant—

9 (1) for each of the school years 2007–2008

10 through 2010–2011, to each of the 3 elementary

11 schools and each of the 3 secondary schools each of

12 which has a high concentration of low income stu13 dents as defined in section 1707(2) of the Elementary

14 and Secondary Education Act of 1965 (20 U.S.C.

15 6537(3)), in each State whose students demonstrate

16 the most improvement in mathematics, as measured

17 by the improvement in the students’ average score on

18 the State’s assessments in mathematics for the school

19 year for which the grant is awarded, as compared to

20 the school year preceding the school year for which the

21 grant is awarded; and

22 (2) for each of the school years 2008–2009

23 through 2010–2011, to each of the 3 elementary

24 schools and each of the 3 secondary schools each of

25 which has a high concentration of low income stu-
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1 dents as defined in section 1707(2) of the Elementary

2 and Secondary Education Act of 1965 (20 U.S.C.

3 6537(3)), in each State whose students demonstrate

4 the most improvement in science, as measured by the

5 improvement in the students’ average score on the

6 State’s assessments in science for the school year for

7 which the grant is awarded, as compared to the school

8 year preceding the school year for which the grant is

9 awarded.

10 (b) GRANT AMOUNT.—The amount of each grant

11 awarded under this section shall be $50,000.

12 SEC. 3502. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated to carry out

14 this section such sums for fiscal years 2008 through 2011.

15 DIVISION D—NATIONAL SCIENCE

16 FOUNDATION

17 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—There are authorized to be appro19 priated to the National Science Foundation—

20 (1) $6,729,000,000 for fiscal year 2008;

21 (2) $7,738,000,000 for fiscal year 2009;

22 (3) $8,899,000,000 for fiscal year 2010; and

23 (4) $10,234,000,000 for fiscal year 2011.

24 (b) PLAN FOR INCREASED RESEARCH.—
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1 (1) IN GENERAL.—Not later than 180 days after

2 the date of the enactment of this Act, the Director of

3 the National Science Foundation, in consultation

4 with the National Science Board, shall submit a com5 prehensive, multiyear plan that describes how the

6 funds authorized in subsection (a) would be used, if

7 appropriated, to the Committee on Commerce,

8 Science, and Transportation of the Senate, the Com9 mittee on Health, Education, Labor, and Pensions of

10 the Senate, and the Committee on Science of the

11 House of Representatives.

12 (2) PLAN REQUIREMENTS.—The Director shall—

13 (A) develop the plan with a focus on

14 strengthening the Nation’s lead in physical

15 science and technology, increasing overall work16 force skills in physical science, technology, engi17 neering, and mathematics at all levels, and

18 strengthening innovation by expanding the focus

19 of competitiveness and innovation policy at the

20 regional and local level; and

21 (B) emphasize spending increased research

22 funds appropriated pursuant to subsection (a) in

23 areas of investment for Federal research and

24 technology programs identified under section

25 1101(c) of this Act.
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1 SEC. 4002. STRENGTHENING OF EDUCATION AND HUMAN

2 RESOURCES DIRECTORATE THROUGH EQUI3 TABLE DISTRIBUTION OF NEW FUNDS.

4 (a) PURPOSE.—The purpose of this section is to ensure

5 the continued involvement of experts at the National

6 Science Foundation in improving science, technology, engi7 neering, and mathematics education at the elementary, sec8 ondary, and postsecondary school levels by providing an9 nual funding increases for the education and human re10 sources programs of the National Science Foundation that

11 are proportional to the funding increases provided to the

12 Foundation overall.

13 (b) EQUITABLE DISTRIBUTION OF NEW FUNDS.—

14 Within the amounts authorized to be appropriated by sec15 tion 4001, there are authorized to be appropriated for the

16 education and human resources programs of the National

17 Science Foundation, for fiscal year 2008, $1,050,000,000,

18 and, for each of the fiscal years 2009 through 2011, an

19 amount equal to $1,050,000,000 increased for each such fis20 cal year by an amount equal to the percentage increase in

21 the appropriation for the National Science Foundation for

22 such fiscal year above the amount appropriated to the Na23 tional Science Foundation for fiscal year 2008.

24 SEC. 4003. GRADUATE FELLOWSHIPS AND GRADUATE

25 TRAINEESHIPS.

26 (a) GRADUATE RESEARCH FELLOWSHIP PROGRAM.—
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1 (1) IN GENERAL.—During the 4-year period be2 ginning on the date of the enactment of this Act, the

3 Director of the National Science Foundation shall ex4 pand the Graduate Research Fellowship Program of

5 the National Science Foundation so that an addi6 tional 1,250 fellowships are awarded to citizens or

7 nationals of the United States or eligible lawful per8 manent residents under the Program during that pe9 riod.

10 (2) EXTENSION OF FELLOWSHIP PERIOD.—The

11 Director is authorized to award fellowships under the

12 Graduate Research Fellowship Program for a period

13 of up to 5 years.

14 (3) AUTHORIZATION OF APPROPRIATIONS.—

15 Within the amounts authorized to be appropriated by

16 section 4001, there are authorized to be appropriated,

17 to provide additional fellowships under the Graduate

18 Research Fellowship Program during each of the fis19 cal years 2008 through 2011, the following:

20 (A) $24,000,000 for fiscal year 2008.

21 (B) $36,000,000 for fiscal year 2009.

22 (C) $48,000,000 for fiscal year 2010.

23 (D) $60,000,000 for fiscal year 2011.

24 (b) INTEGRATIVE GRADUATE EDUCATION AND RE25 SEARCH TRAINEESHIP PROGRAM.—
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1 (1) IN GENERAL.—During the 4-year period be2 ginning on the date of the enactment of this Act, the

3 Director shall expand the Integrative Graduate Edu4 cation and Research Traineeship program of the Na5 tional Science Foundation so that an additional

6 1,250 individuals who are citizens or nationals of the

7 United States or eligible lawful permanent residents

8 are awarded grants under the program during that

9 period.

10 (2) AUTHORIZATION OF APPROPRIATIONS.—

11 Within the amounts authorized to be appropriated by

12 section 4001, there are authorized to be appropriated,

13 to provide grants to additional individuals under the

14 Integrative Graduate Education and Research

15 Traineeship program during each of the fiscal years

16 2008 through 2011, the following:

17 (A) $22,000,000 for fiscal year 2008.

18 (B) $33,000,000 for fiscal year 2009.

19 (C) $44,000,000 for fiscal year 2010.

20 (D) $55,000,000 for fiscal year 2011.

21 (c) DEFINITION OF ELIGIBLE LAWFUL PERMANENT

22 RESIDENT.—In this section, the term ‘‘eligible lawful per23 manent resident’’ means a lawful permanent resident of the

24 United States who declares an intent—

25 (1) to apply for United States citizenship; or
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1 (2) to reside in the United States for not less

2 than 5 years after the completion of a graduate fel3 lowship or traineeship awarded under this section.

4 SEC. 4004. PROFESSIONAL SCIENCE MASTER’S DEGREE

5 PROGRAMS.

6 (a) CLEARINGHOUSE.—

7 (1) DEVELOPMENT.—The Director of the Na8 tional Science Foundation shall establish a clearing9 house, in collaboration with 4-year institutions of

10 higher education (including applicable graduate

11 schools and academic departments), and industries

12 and Federal agencies that employ science-trained per13 sonnel, to share program elements used in successful

14 professional science master’s degree programs and

15 other advanced degree programs related to science,

16 mathematics, technology, and engineering.

17 (2) AVAILABILITY.—The Director shall make the

18 clearinghouse of program elements developed under

19 paragraph (1) available to institutions of higher edu20 cation that are developing professional science mas21 ter’s degree programs.

22 (b) PROGRAMS.—

23 (1) PROGRAMS AUTHORIZED.—The Director

24 shall award grants to 4-year institutions of higher

25 education to facilitate the institutions’ creation or
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1 improvement of professional science master’s degree

2 programs.

3 (2) APPLICATION.—A 4-year institution of high4 er education desiring a grant under this section shall

5 submit an application at such time, in such manner,

6 and accompanied by such information as the Director

7 may require. The application shall include—

8 (A) a description of the professional science

9 master’s degree program that the institution of

10 higher education will implement;

11 (B) the amount of funding from non-Fed12 eral sources, including from private industries,

13 that the institution of higher education shall use

14 to support the professional science master’s de15 gree program; and

16 (C) an assurance that the institution of

17 higher education shall encourage students in the

18 professional science master’s degree program to

19 apply for all forms of Federal assistance avail20 able to such students, including applicable grad21 uate fellowships and student financial assistance

22 under titles IV and VII of the Higher Education

23 Act of 1965 (20 U.S.C. 1070 et seq., 1133 et

24 seq.).
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1 (3) PREFERENCES.—The Director shall give

2 preference in making awards to 4-year institutions of

3 higher education seeking Federal funding to create or

4 improve professional science master’s degree pro5 grams, to those applicants—

6 (A) located in States with low percentages

7 of citizens with graduate or professional degrees,

8 as determined by the Bureau of the Census, that

9 demonstrate success in meeting the unique needs

10 of the corporate, non-profit, and government

11 communities in the State, as evidenced by pro12 viding internships for professional science mas13 ter’s degree students or similar partnership ar14 rangements; or

(B) that secure more than 2 15 ⁄3 of the funding

16 for such professional science master’s degree pro17 grams from sources other than the Federal Gov18 ernment.

19 (4) NUMBER OF GRANTS; TIME PERIOD OF

20 GRANTS.—

21 (A) NUMBER OF GRANTS.—Subject to the

22 availability of appropriated funds, the Director

23 shall award grants under paragraph (1) to a

24 maximum of 200 4-year institutions of higher

25 education.
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1 (B) TIME PERIOD OF GRANTS.—Grants

2 awarded under this section shall be for one 3-

3 year term. Grants may be renewed only once for

4 a maximum of 2 additional years.

5 (5) EVALUATION AND REPORTS.—

6 (A) DEVELOPMENT OF PERFORMANCE

7 BENCHMARKS.—Prior to the start of the grant

8 program, the Director of the National Science

9 Foundation, in collaboration with 4-year insti10 tutions of higher education (including applicable

11 graduate schools and academic departments),

12 and industries and Federal agencies that employ

13 science-trained personnel, shall develop perform14 ance benchmarks to evaluate the pilot programs

15 assisted by grants under this section.

16 (B) EVALUATION.—For each year of the

17 grant period, the Director, in consultation with

18 4-year institutions of higher education (includ19 ing applicable graduate schools and academic de20 partments), and industries and Federal agencies

21 that employ science-trained personnel, shall com22 plete an evaluation of each program assisted by

23 grants under this section. Any program that

24 fails to satisfy the performance benchmarks de-
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1 veloped under subparagraph (A) shall not be eli2 gible for further funding.

3 (C) REPORT.—Not later than 180 days

4 after the completion of an evaluation described

5 in subparagraph (B), the Director shall submit

6 a report to Congress that includes—

7 (i) the results of the evaluation de8 scribed in subparagraph (B); and

9 (ii) recommendations for administra10 tive and legislative action that could opti11 mize the effectiveness of the pilot programs,

12 as the Director determines to be appro13 priate.

14 (c) INSTITUTION OF HIGHER EDUCATION DEFINED.—

15 In this section, the term ‘‘institution of higher education’’

16 has the meaning given that term in section 101(a) of the

17 Higher Education Act of 1965 (20 U.S.C. 1001(a)).

18 (d) AUTHORIZATION OF APPROPRIATIONS.—Within

19 the amounts authorized to be appropriated by section 4001,

20 there are authorized to be appropriated to carry out this

21 section—

22 (1) $15,000,000 for fiscal year 2008;

23 (2) $18,000,000 for fiscal year 2009; and

24 (3) $20,000,000 for each of the fiscal years 2010

25 and 2011.
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1 SEC. 4005. INCREASED SUPPORT FOR SCIENCE EDUCATION

2 THROUGH THE NATIONAL SCIENCE FOUNDA3 TION.

4 (a) IN GENERAL.—Within the amounts authorized to

5 be appropriated by section 4001, there are authorized to be

6 appropriated to carry out the science, mathematics, engi7 neering, and technology talent expansion program under

8 section 8(7) of the National Science Foundation Authoriza9 tion Act of 2002 (Public Law 107–368, 116 Stat. 3042)—

10 (1) $40,000,000 for fiscal year 2008;

11 (2) $45,000,000 for fiscal year 2009;

12 (3) $50,000,000 for fiscal year 2010; and

13 (4) $55,000,000 for fiscal year 2011.

14 (b) PROMOTING OUTREACH AND HIGH QUALITY.—

15 Section 8(7)(C) of the National Science Foundation Author16 ization Act of 2002 (Public Law 107–368, 116 Stat. 3042)

17 is amended—

18 (1) by redesignating clauses (i) through (vi) as

19 subclauses (I) through (VI), respectively, and indent20 ing appropriately;

21 (2) by striking ‘‘include those that promote high

22 quality—’’ and inserting ‘‘include programs that—

23 ‘‘(i) promote high-quality—’’;

24 (3) in clause (i) (as inserted by paragraph

25 (2))—
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1 (A) in subclause (III) (as redesignated by

2 paragraph (1)), by striking ‘‘for students;’’ and

3 inserting ‘‘for students, especially underrep4 resented minority and female mathematics,

5 science, engineering, and technology students;’’;

6 (B) in subclause (V) (as redesignated by

7 paragraph (1)), by striking ‘‘and’’ after the

8 semicolon;

9 (C) in subclause (VI) (as redesignated by

10 paragraph (1)), by striking ‘‘students.’’ and in11 serting ‘‘students; and’’; and

12 (D) by adding at the end the following:

13 ‘‘(VII) outreach programs that provide

14 middle and secondary school students and

15 their science, technology, and math teachers

16 opportunities to increase the students’ and

17 teachers’ exposure to engineering and tech18 nology;’’; and

19 (4) by adding at the end the following:

20 ‘‘(ii) finance summer internships for mathe21 matics, science, engineering, and technology un22 dergraduate students;

23 ‘‘(iii) facilitate the hiring of additional

24 mathematics, science, engineering, and tech25 nology faculty; and
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1 ‘‘(iv) serve as bridges to enable underrep2 resented minority and female secondary school

3 students to obtain extra mathematics, science,

4 engineering, and technology training prior to en5 tering an institution of higher education.’’.

6 SEC. 4006. MEETING CRITICAL NATIONAL SCIENCE NEEDS.

7 (a) IN GENERAL.—In addition to any other criteria,

8 the Director of the National Science Foundation shall in9 clude consideration of the degree to which awards and re10 search activities that otherwise qualify for support by the

11 National Science Foundation may assist in meeting critical

12 national needs in innovation, competitiveness, the physical

13 and natural sciences, technology, engineering, and mathe14 matics.

15 (b) PRIORITY TREATMENT.—The Director shall give

16 priority in the selection of awards and the allocation of Na17 tional Science Foundation resources to proposed research

18 activities, and grants funded under the National Science

19 Foundation’s Research and Related Activities Account, that

20 can be expected to make contributions in physical or nat21 ural science, technology, engineering, or mathematics, or

22 that enhance competitiveness or innovation in the United

23 States.

24 (c) LIMITATION.—Nothing in this section shall be con25 strued to inhibit the grant selection process for funding
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1 other areas of research deemed by the National Science

2 Foundation to be consistent with its mandate nor to change

3 the core mission of the National Science Foundation.

4 SEC. 4007. REAFFIRMATION OF THE MERIT-REVIEW PROC5 ESS OF THE NATIONAL SCIENCE FOUNDA6 TION.

7 Nothing in this division or division A, or the amend8 ments made by this division or division A, shall be inter9 preted to require or recommend that the National Science

10 Foundation—

11 (1) alter or modify its merit-review system or

12 peer-review process; or

13 (2) exclude the awarding of any proposal by

14 means of the merit-review or peer-review process.

15 SEC. 4008. EXPERIMENTAL PROGRAM TO STIMULATE COM16 PETITIVE RESEARCH.

17 Within the amounts authorized to be appropriated by

18 section 4001, there are authorized to be appropriated to the

19 National Science Foundation for the Experimental Pro20 gram to Stimulate Competitive Research authorized under

21 section 113 of the National Science Foundation Authoriza22 tion Act of 1988 (42 U.S.C. 1862g), for fiscal year 2008,

23 $125,000,000, and, for each of fiscal years 2009 through

24 2011, an amount equal to $125,000,000 increased for each

25 such year by an amount equal to the percentage increase
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1 in the appropriation for the National Science Foundation

2 for such fiscal year above the total amount appropriated

3 to the National Science Foundation for fiscal year 2008.

4 SEC. 4009. ENCOURAGING PARTICIPATION.

5 (a) MENTORING PROGRAM.—The Director of the Na6 tional Science Foundation shall establish a program to re7 cruit and provide mentors for women who are interested

8 in careers in science, technology, engineering, and mathe9 matics by pairing such women who are in science, tech10 nology, engineering, or mathematics programs of study in

11 secondary school, community college, undergraduate or

12 graduate school with mentors who are working in industry.

13 (b) ADDITIONAL LEARNING PROGRAM.—The Director

14 shall also establish a program to provide grants to commu15 nity colleges to provide additional learning and other ap16 propriate training to allow women to enter higher-paying

17 technical jobs in fields related to science, technology, engi18 neering, or mathematics.

19 (c) APPLICATIONS.—An institution of higher edu20 cation, including a community college, desiring a grant

21 under this section shall submit an application at such time,

22 in such manner, and accompanied by such information as

23 the Director may require.

24 (d) PROGRAM EVALUATION.—The Director shall estab25 lish metrics to evaluate the success of the programs estab-
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1 lished under subsections (a) and (b) annually and report

2 the findings and conclusions of the evaluations annually to

3 Congress.

4 SEC. 4010. CYBERINFRASTRUCTURE.

5 In order to continue and expand efforts to ensure that

6 research institutions throughout the Nation can fully par7 ticipate in research programs of the National Science Foun8 dation and collaborate with colleagues throughout the na9 tion, the Director of the National Science Foundation, with10 in 180 days after the date of enactment of this Act, shall

11 develop and publish a plan that describes the current status

12 of broadband access for scientific research purposes in

13 States located in EPSCoR-eligible jurisdictions and out14 lines actions which can be taken to ensure that such connec15 tions are available to enable participation in those National

16 Science Foundation programs which rely heavily on high17 speed networking and collaborations across institutions and

18 regions.

19 SEC. 4011. FEDERAL INFORMATION AND COMMUNICATIONS

20 TECHNOLOGY RESEARCH.

21 (a) ADVANCED INFORMATION AND COMMUNICATIONS

22 TECHNOLOGY RESEARCH.—

23 (1) NATIONAL SCIENCE FOUNDATION INFORMA24 TION AND COMMUNICATIONS TECHNOLOGY RE25 SEARCH.—The Director of the National Science Foun-
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1 dation shall establish a program of basic research in

2 advanced information and communications tech3 nologies focused on enhancing or facilitating the

4 availability and affordability of advanced commu5 nications services to all people of the United States.

6 In developing and carrying out the program, the Di7 rector shall consult with the Board established under

8 paragraph (2).

9 (2) FEDERAL ADVANCED INFORMATION AND COM10 MUNICATIONS TECHNOLOGY RESEARCH BOARD.—

11 There is established within the National Science

12 Foundation a Federal Advanced Information and

13 Communications Technology Research Board (referred

14 to in this subsection as ‘‘the Board’’) which shall ad15 vise the Director of the National Science Foundation

16 in carrying out the program authorized under para17 graph (1). The Board shall be composed of individ18 uals with expertise in information and communica19 tions technologies, including representatives from the

20 National Telecommunications and Information Ad21 ministration, the Federal Communications Commis22 sion, the National Institute of Standards and Tech23 nology, and the Department of Defense, and rep24 resentatives from industry and educational institu25 tions.
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1 (3) GRANT PROGRAM.—The Director of the Na2 tional Science Foundation, in consultation with the

3 Board, shall award grants for basic research into ad4 vanced information and communications technologies

5 that will contribute to enhancing or facilitating the

6 availability and affordability of advanced commu7 nications services to all people of the United States.

8 Areas of research to be supported through the grants

9 include—

10 (A) affordable broadband access, including

11 wireless technologies;

12 (B) network security and reliability;

13 (C) communications interoperability;

14 (D) networking protocols and architectures,

15 including resilience to outages or attacks;

16 (E) trusted software;

17 (F) privacy;

18 (G) nanoelectronics for communications ap19 plications;

20 (H) low-power communications electronics;

21 (I) implementation of equitable access to

22 national advanced fiber optic research and edu23 cational networks in noncontiguous States; and
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1 (J) such other related areas as the Director,

2 in consultation with the Board, finds appro3 priate.

4 (4) CENTERS.—The Director shall award

5 multiyear grants, subject to the availability of appro6 priations, to institutions of higher education (as de7 fined in section 101(a) of the Higher Education Act

8 of 1965 (20 U.S.C. 1001(a)), nonprofit research insti9 tutions affiliated with institutions of higher edu10 cation, or consortia thereof to establish multidisci11 plinary Centers for Communications Research. The

12 purpose of the Centers shall be to generate innovative

13 approaches to problems in communications and infor14 mation technology research, including the research

15 areas described in paragraph (3). Institutions of

16 higher education, nonprofit research institutions af17 filiated with institutions of higher education, or con18 sortia receiving such grants may partner with 1 or

19 more government laboratories or for-profit entities, or

20 other institutions of higher education or nonprofit re21 search institutions.

22 (5) APPLICATIONS.—The Director of the Na23 tional Science Foundation, in consultation with the

24 Board, shall establish criteria for the award of grants

25 under paragraphs (3) and (4). Such grants shall be
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1 awarded under the programs on a merit-reviewed

2 competitive basis. The Director shall give priority to

3 grants that offer the potential for revolutionary rather

4 than evolutionary breakthroughs.

5 (6) AUTHORIZATION OF APPROPRIATIONS.—

6 Within the amounts authorized to be appropriated by

7 section 4001, there are authorized to be appropriated

8 to the National Science Foundation to carry out this

9 subsection—

10 (A) $45,000,000 for fiscal year 2008;

11 (B) $50,000,000 for fiscal year 2009;

12 (C) $55,000,000 for fiscal year 2010; and

13 (D) $60,000,000 for fiscal year 2011.

14 (b) NATIONAL INSTITUTE OF STANDARDS AND TECH15 NOLOGY RESPONSIBILITIES.—The Director of the National

16 Institute of Standards and Technology shall continue to

17 support research and support standards development in ad18 vanced information and communications technologies fo19 cused on enhancing or facilitating the availability and af20 fordability of advanced communications services to all peo21 ple of the United States, in order to implement the Insti22 tute’s responsibilities under section 2(c)(12) of the National

23 Institute of Standards and Technology Act (15 U.S.C.

24 272(c)(12)). The Director shall support intramural research

25 and cooperative research with institutions of higher edu-
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1 cation (as defined in section 101(a) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1001(a)) and industry.

3 SEC. 4012. ROBERT NOYCE TEACHER PROGRAM.

4 (a) IN GENERAL.—Section 10 of the National Science

5 Foundation Authorization Act of 2002 (42 U.S.C. 1862n–

6 1) is amended—

7 (1) in the section heading, by striking ‘‘SCHOL8 ARSHIP’’ and inserting ‘‘TEACHER’’;

9 (2) in subsection (a)—

10 (A) in paragraph (1)—

11 (i) by striking ‘‘(or consortia of such

12 institutions)’’ and inserting ‘‘, consortia of

13 such institutions, or partnerships’’;

14 (ii) by striking ‘‘to provide scholar15 ships, stipends, and programming de16 signed’’;

17 (iii) by inserting ‘‘and to provide

18 scholarships, stipends, or fellowships to in19 dividuals participating in the program’’

20 after ‘‘science teachers’’; and

21 (iv) by striking ‘‘Scholarship’’ and in22 serting ‘‘Teacher’’;

23 (B) in paragraph (3)—
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘or consortia’’ and

3 inserting ‘‘consortia, or partnerships’’;

4 (ii) in subparagraph (A)—

5 (I) in the matter preceding clause

6 (i)—

7 (aa) by striking ‘‘encourage

8 top college juniors and seniors

9 majoring in’’ and inserting ‘‘re10 cruit and prepare undergraduate

11 students to pursue degrees in’’;

12 and

13 (bb) by striking ‘‘to become’’

14 and inserting ‘‘and become quali15 fied as’’;

16 (II) in clause (ii)—

17 (aa) by striking ‘‘programs

18 to help scholarship recipients’’

19 and inserting ‘‘academic courses

20 and clinical teaching experiences

21 designed to prepare students par22 ticipating in the program’’;

23 (bb) by striking ‘‘programs

24 that will result in’’ and inserting
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1 ‘‘such preparation as is necessary

2 to meet requirements for’’; and

3 (cc) by striking ‘‘licensing;

4 and’’ and inserting ‘‘licensing;’’;

5 (III) in clause (iii)—

6 (aa) by striking ‘‘scholarship

7 recipients’’ and inserting ‘‘stu8 dents participating in the pro9 gram’’;

10 (bb) by striking ‘‘enable the

11 recipients’’ and inserting ‘‘enable

12 the students’’; and

13 (cc) by striking ‘‘; or’’ and

14 inserting ‘‘; and’’; and

15 (IV) by adding at the end the fol16 lowing:

17 ‘‘(iv) providing summer internships for

18 freshman and sophomore students partici19 pating in the program;’’;

20 (iii) in subparagraph (B)—

21 (I) in the matter preceding clause

22 (i)—

23 (aa) by striking ‘‘encourage’’

24 and inserting ‘‘recruit and pre25 pare’’; and
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1 (bb) by inserting ‘‘qualified

2 as’’ after ‘‘to become’’;

3 (II) by striking clause (ii) and in4 serting the following:

5 ‘‘(ii) offering academic courses and

6 clinical teaching experiences designed to

7 prepare stipend recipients to teach in ele8 mentary schools and secondary schools, in9 cluding such preparation as is necessary to

10 meet requirements for teacher certification

11 or licensing; and’’; and

12 (III) in clause (iii), by striking

13 the period at the end and inserting ‘‘;

14 or’’; and

15 (iv) by adding at the end the following:

16 ‘‘(C) to develop and implement a program

17 to recruit and prepare mathematics, science, or

18 engineering professionals to become NSF Teach19 ing Fellows, and to recruit existing teachers to

20 become NSF Master Teaching Fellows, through—

21 ‘‘(i) administering fellowships in ac22 cordance with subsection (e);

23 ‘‘(ii) offering academic courses and

24 clinical teaching experiences that are de25 signed to prepare students participating in
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1 the program to teach in secondary schools

2 and that, in the case of NSF Teaching Fel3 lows, result in a master’s degree in teaching

4 and teacher certification or licensing; and

5 ‘‘(iii) offering programs to partici6 pants to assist in the fulfillment of the par7 ticipants’ responsibilities under this section,

8 including mentoring, training, mentoring

9 training, and induction and professional

10 development programs.’’; and

11 (C) by adding at the end the following:

12 ‘‘(4) ELIGIBILITY REQUIREMENT.—To be eligible

13 for an award under this section, an institution of

14 higher education, a consortium of such institutions,

15 or a partnership shall ensure that specific faculty

16 members and staff from the mathematics, science, or

17 engineering department of the institution (or a par18 ticipating institution of the consortium or partner19 ship) and specific education faculty members of the

20 institution (or such participating institution) are

21 designated to carry out the development and imple22 mentation of the program. An institution of higher

23 education and consortium may also include teachers

24 to participate in developing the pedagogical content of

25 the program and to supervise students participating
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1 in the program in the students’ field teaching experi2 ences. No institution of higher education, consortium,

3 or partnership shall be eligible for an award unless

4 faculty from the mathematics, science, or engineering

5 department of the institution (or such participating

6 institution) are active participants in the program.

7 ‘‘(5) MATCHING REQUIREMENT.—An institution

8 of higher education, consortium of institutions of

9 higher education, or partnership receiving a grant

10 under this section shall provide, from non-Federal

11 sources, an amount equal to 50 percent of the amount

12 of the grant (which may be provided in cash or in13 kind) to carry out the activities supported by the

14 grant.

15 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Grant

16 funds provided under this section shall be used to sup17 plement, and not supplant, other Federal or State

18 funds available for the type of activities supported by

19 the grant.’’;

20 (3) in subsection (b)—

21 (A) in paragraph (1)—

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘or consortium’’ and

24 inserting ‘‘consortium, or partnership’’;
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1 (ii) by striking subparagraph (A) and

2 inserting the following:

3 ‘‘(A) a description of the program that the

4 applicant intends to operate, including—

5 ‘‘(i) the number of scholarships and

6 summer internships or the size and number

7 of stipends or fellowships the applicant in8 tends to award;

9 ‘‘(ii) the type of activities proposed for

10 the recruitment of students to the program;

11 and

12 ‘‘(iii) the selection process that will be

13 used in awarding the scholarships, stipends,

14 or fellowships;’’;

15 (iii) in subparagraph (B)—

16 (I) by striking ‘‘scholarship or sti17 pend’’; and

18 (II) by striking ‘‘; and’’ and in19 serting ‘‘, which may include a de20 scription of any existing programs at

21 the applicant’s institution that are tar22 geted to the education of mathematics

23 and science teachers and the number of

24 teachers graduated annually from such

25 programs;’’; and
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1 (iv) by striking subparagraph (C) and

2 inserting the following:

3 ‘‘(C) a description of the academic courses

4 and clinical teaching experiences required under

5 subparagraph (A)(ii), (B)(ii), or (C)(ii) of sub6 section (a)(3), as applicable, including—

7 ‘‘(i)(I) a description of the under8 graduate program under subsection

9 (a)(3)(A)(ii) that will enable a student to

10 graduate in 4 years with a major in mathe11 matics, science, or engineering and to ob12 tain teacher certification or licensing; or

13 ‘‘(II) a description of the master’s de14 gree programs offered under subsection

15 (a)(3)(C)(ii);

16 ‘‘(ii) a description of clinical teaching

17 experiences proposed; and

18 ‘‘(iii) evidence of agreements between

19 the applicant and the schools or school dis20 tricts that are identified as the locations at

21 which clinical teaching experiences will

22 occur;

23 ‘‘(D) a description of the programs required

24 under subparagraph (A)(iii), (B)(iii), or (C)(iii)

25 of subsection (a)(3), as applicable, including ac-
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1 tivities to assist new teachers in fulfilling their

2 service requirements under this section; and

3 ‘‘(E) an identification of the applicant’s

4 mathematics, science, or engineering faculty and

5 its education faculty who will carry out the de6 velopment and implementation of the program

7 as required under subsection (a)(4).’’; and

8 (B) in paragraph (2)—

9 (i) by redesignating subparagraphs (B)

10 through (E) as subparagraphs (C) through

11 (F), respectively;

12 (ii) by inserting after subparagraph

13 (A) the following:

14 ‘‘(B) the extent to which the applicant’s

15 mathematics, science, or engineering faculty and

16 its education faculty have worked or will work

17 collaboratively to design new or revised curricula

18 that recognize the specialized pedagogy required

19 to teach mathematics and science effectively in

20 elementary schools and secondary schools;’’; and

21 (iii) in subparagraph (D) (as redesig22 nated by clause (i)), by striking ‘‘or sti23 pend’’ and inserting ‘‘, stipend, or fellow24 ship’’;

25 (4) in subsection (c)—
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1 (A) in paragraph (3)—

2 (i) by striking ‘‘$7,500’’ and inserting

3 ‘‘$10,000’’; and

4 (ii) by striking ‘‘of scholarship sup5 port’’ and inserting ‘‘of scholarship support,

6 unless the Director establishes a policy by

7 which part-time students may receive addi8 tional years of support’’; and

9 (B) in paragraph (4), by inserting ‘‘with a

10 maximum service requirement of 4 years’’ after

11 ‘‘scholarship was received’’;

12 (5) in subsection (d)—

13 (A) by striking paragraph (1) and inserting

14 the following:

15 ‘‘(1) IN GENERAL.—Stipends under this section

16 shall be available only to—

17 ‘‘(A) teachers enrolled in a master’s degree

18 program in science, technology, engineering, or

19 mathematics; and

20 ‘‘(B) mathematics, science, or engineering

21 professionals who, while receiving the stipend,

22 are enrolled in a program to receive certification

23 or licensing to teach.’’;

24 (B) in paragraph (3), by inserting ‘‘, except

25 that if an individual is enrolled in a part-time
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1 program, such stipend shall be prorated accord2 ing to the length of the program’’ after ‘‘stipend

3 support’’; and

4 (C) in paragraph (4), by striking ‘‘for each

5 year a stipend was received’’;

6 (6) by redesignating subsections (e) through (h)

7 and subsection (i) as subsections (f) through (i) and

8 subsection (l), respectively;

9 (7) by inserting after subsection (d) the fol10 lowing:

11 ‘‘(e) NATIONAL SCIENCE FOUNDATION TEACHING FEL12 LOWSHIPS.—

13 ‘‘(1) PURPOSE.—The purpose of the fellowships

14 under this subsection is to promote and recognize

15 high-level achievement in advanced mathematics and

16 science teaching.

17 ‘‘(2) PARTNERSHIP REQUIREMENTS.—In order to

18 receive a grant under this section to carry out this

19 subsection, the recipient of such grant shall be a part20 nership and the only local educational agencies that

21 shall be members of the partnership shall be local edu22 cational agencies that agree not to reduce the base sal23 ary normally paid to an individual solely because

24 such individual receives a salary supplement under

25 this subsection.
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1 ‘‘(3) GENERAL CRITERIA.—A partnership receiv2 ing a grant to carry out a fellowship program under

3 this subsection shall award such fellowships only to—

4 ‘‘(A) mathematics, science, or engineering

5 professionals who enroll in 1-year master’s de6 gree programs in teaching that result in teacher

7 certification or licensing and who shall be re8 ferred to as ‘NSF Teaching Fellows’; and

9 ‘‘(B) mathematics and science teachers who

10 possess a master’s degree in their field and who

11 shall be referred to as ‘NSF Master Teaching

12 Fellows’.

13 ‘‘(4) SELECTION.—Individuals shall be selected

14 to receive fellowships under this section primarily on

15 the basis of—

16 ‘‘(A) professional achievement;

17 ‘‘(B) academic merit;

18 ‘‘(C) demonstrated advanced content knowl19 edge; and

20 ‘‘(D) in the case of NSF Master Teaching

21 Fellows, demonstrated success in improving stu22 dent academic achievement in mathematics,

23 science, technology, or engineering.
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1 ‘‘(5) USE OF FUNDS.—Each partnership receiv2 ing a grant under this section to award fellowships

3 under this subsection shall—

4 ‘‘(A) provide a stipend to each NSF Teach5 ing Fellow for the duration of the Fellow’s enroll6 ment in the master’s degree program, to be used

7 to offset the cost of tuition, fees, and living ex8 penses; and

9 ‘‘(B) provide salary supplements to each

10 NSF Teaching Fellow and NSF Master Teaching

11 Fellow during the period of the Fellow’s service

12 obligation under paragraph (4).

13 ‘‘(6) SERVICE OBLIGATION.—If an individual is

14 awarded a fellowship under this subsection, that indi15 vidual shall be required to serve in a high-need local

16 educational agency for—

17 ‘‘(A) in the case of a NSF Teaching Fellow,

18 4 years; and

19 ‘‘(B) in the case of a NSF Master Teaching

20 Fellow, 5 years.

21 ‘‘(7) DUTIES.—A recipient of a fellowship under

22 this section, during the service obligation required

23 under paragraph (6) and in addition to regular class24 room activities, shall take on a leadership role within

25 the school or local educational agency in which the re-
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1 cipient is employed, as defined by the partnership ac2 cording to the recipient’s expertise, including serving

3 as a mentor or master teacher, developing curricula,

4 and assisting in the development and implementation

5 of professional development activities.’’;

6 (8) in subsection (f) (as redesignated by para7 graph (6))—

8 (A) by striking paragraph (1) and inserting

9 the following:

10 ‘‘(1) accepting—

11 ‘‘(A) the terms of the scholarship pursuant

12 to subsection (c), the stipend pursuant to sub13 section (d), or the fellowship pursuant to sub14 section (e); and

15 ‘‘(B) the terms regarding the failure to com16 plete a service obligation required for the scholar17 ship, stipend, or fellowship pursuant to sub18 section (h);’’; and

19 (B) in paragraph (3)—

20 (i) by striking ‘‘scholarship’’ and in21 serting ‘‘scholarship, stipend, or fellowship’’;

22 and

23 (ii) by striking ‘‘subsection (g)’’ and

24 inserting ‘‘subsection (h)’’;
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1 (9) in subsection (g)(1) (as redesignated by para2 graph (6))—

3 (A) by striking ‘‘(or consortium thereof)’’

4 and inserting ‘‘, consortium, or partnership’’;

5 and

6 (B) by striking ‘‘scholarship and stipend’’

7 and inserting ‘‘scholarship, stipend, and fellow8 ship’’;

9 (10) in subsection (h) (as redesignated by para10 graph (6))—

11 (A) in paragraph (1)—

12 (i) in the matter preceding subpara13 graph (A), by inserting ‘‘, stipend, or fel14 lowship’’ after ‘‘scholarship’’; and

15 (ii) in subparagraph (C), by striking

16 ‘‘baccalaureate degree’’; and

17 (B) by striking paragraph (2) and inserting

18 the following:

19 ‘‘(2) REPAYMENT FOR FAILURE TO COMPLETE

20 SERVICE.—

21 ‘‘(A) LESS THAN 1 YEAR OF SERVICE.—If a

22 circumstance described in paragraph (1) occurs

23 before the completion of 1 year of a service obli24 gation under this section, the sum of the total

25 amount of awards received by the individual
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1 under this section shall be treated as a loan pay2 able to the Federal Government, consistent with

3 the provisions of part B or D of title IV of the

4 Higher Education Act of 1965, and shall be sub5 ject to repayment in accordance with terms and

6 conditions specified by the Secretary of Edu7 cation in regulations promulgated to carry out

8 this paragraph.

9 ‘‘(B) 1 YEAR OR MORE OF SERVICE.—If a

10 circumstance described in subparagraph (D) or

11 (E) of paragraph (1) occurs after the completion

12 of 1 year of a service obligation under this section, an amount equal to 1 13 ⁄2 of the sum of the

14 total amount of awards received by the indi15 vidual under this section shall be treated as a

16 loan payable to the Federal Government, con17 sistent with the provisions of part B or D of title

18 IV of the Higher Education Act of 1965, and

19 shall be subject to repayment in accordance with

20 terms and conditions specified by the Secretary

21 of Education in regulations promulgated to

22 carry out this paragraph.’’;

23 (11) in subsection (i) (as redesignated by para24 graph (6))—
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1 (A) by striking ‘‘or consortia’’ and inserting

2 ‘‘, consortia, or partnerships’’;

3 (B) by striking ‘‘scholarship recipients and

4 stipend recipients’’ and inserting ‘‘scholarship,

5 stipend, and fellowship recipients’’; and

6 (C) by striking ‘‘subsection (e)’’ and insert7 ing ‘‘subsection (f)’’;

8 (12) by inserting after subsection (i) (as redesig9 nated by paragraph (6)) the following:

10 ‘‘(j) SCIENCE AND MATHEMATICS SCHOLARSHIP GIFT

11 FUND.—In accordance with section 11(f) of the National

12 Science Foundation Act of 1950, the Director is authorized

13 to accept donations from the private sector to supplement,

14 but not supplant, scholarships, stipends, internships, or fel15 lowships associated with the programs under this section.

16 ‘‘(k) ASSESSMENT OF TEACHER RETENTION.—Not

17 later than 4 years after the date of enactment of the Amer18 ica COMPETES Act, the Director shall transmit to Con19 gress a report on the effectiveness of the program carried

20 out under this section regarding the retention of partici21 pants in the teaching profession beyond the service obliga22 tion required under this section.’’;

23 (13) in subsection (l) (as redesignated by para24 graph (6))—
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1 (A) by redesignating paragraphs (1), (2),

2 (3), (4), and (5) as paragraphs (2), (5), (7), (9),

3 and (10), respectively;

4 (B) by inserting before paragraph (2) (as

5 redesignated by subparagraph (A)) the following:

6 ‘‘(1) the term ‘advanced content knowledge’

7 means demonstrated mathematics or science content

8 knowledge as measured by a rigorous, valid assess9 ment tool that has been approved by the Director;’’;

10 (C) by inserting after paragraph (2) (as re11 designated by subparagraph (A)) the following:

12 ‘‘(3) the term ‘fellowship’ means an award under

13 subsection (e);

14 ‘‘(4) the term ‘high-need local educational agen15 cy’ means a local educational agency or educational

16 service agency (as defined in section 9101 of the Ele17 mentary and Secondary Education Act of 1965)—

18 ‘‘(A)(i) that serves not less than 10,000 chil19 dren from low-income families;

20 ‘‘(ii) for which not less than 20 percent of

21 the children served by the agency are children

22 from low-income families; or

23 ‘‘(iii) with a total of less than 600 students

24 in average daily attendance at the schools that

25 are served by the agency, and all of whose schools
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1 are designated with a school locale code of 6, 7,

2 or 8, as determined by the Secretary of Edu3 cation; and

4 ‘‘(B)(i) for which there is a higher percent5 age of teachers providing instruction in aca6 demic subject areas or grade levels for which the

7 teachers are not highly qualified; or

8 ‘‘(ii) for which there is a high teacher turn9 over rate or a high percentage of teachers with

10 emergency, provisional, or temporary certifi11 cation or licensure;’’;

12 (D) in paragraph (5) (as redesignated by

13 subparagraph (A)), by inserting ‘‘engineering,’’

14 after ‘‘mathematics, science,’’;

15 (E) by inserting after paragraph (5) (as re16 designated by subparagraph (A)) the following:

17 ‘‘(6) the term ‘mathematics and science teaching’

18 means mathematics, science, engineering, or tech19 nology teaching at the elementary or secondary school

20 level;’’;

21 (F) in paragraph (7) (as redesignated by

22 subparagraph (A)) by inserting ‘‘or had a ca23 reer’’ after ‘‘is working’’; and

24 (G) by inserting after paragraph (7) (as re25 designated by subparagraph (A)) the following:
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1 ‘‘(8) the term ‘partnership’ means a partnership

2 that shall include—

3 ‘‘(A) an institution of higher education or a

4 consortium of such institutions;

5 ‘‘(B) a department within an institution of

6 higher education participating in the partner7 ship that provides an advanced program of

8 study in mathematics and science;

9 ‘‘(C)(i) a school or department within an

10 institution of higher education participating in

11 the partnership that provides a master teacher’s

12 preparation program; or

13 ‘‘(ii) a 2-year institution of higher edu14 cation that has a teacher preparation offering or

15 a dual enrollment program with an institution

16 of higher education participating in the partner17 ship;

18 ‘‘(D) not less than 1 high-need local edu19 cational agency and a public school or a consor20 tium of public schools served by the agency; and

21 ‘‘(E) 1 or more nonprofit organizations that

22 have the capacity to provide expertise or support

23 to meet the purposes of this section;’’; and

24 (14) by adding at the end the following:

25 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—
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1 ‘‘(1) IN GENERAL.—Within the amounts author2 ized to be appropriated by section 4001 of the Amer3 ica COMPETES Act and except as provided in para4 graph (2), there are authorized to be appropriated to

5 the Director for the Robert Noyce Teacher Program

6 under this section—

7 ‘‘(A) $117,000,000 for fiscal year 2008, of

8 which at least $18,000,000 shall be used for ca9 pacity building activities described in clauses

10 (ii) and (iii) of subsection (a)(3)(A), clauses (ii)

11 and (iii) of subsection (a)(3)(B), and clauses (ii)

12 and (iii) of subsection (a)(3)(C);

13 ‘‘(B) $130,000,000 for fiscal year 2009, of

14 which at least $21,000,000 shall be used for such

15 capacity building activities;

16 ‘‘(C) $148,000,000 for fiscal year 2010, of

17 which at least $24,000,000 shall be used for such

18 capacity building activities; and

19 ‘‘(D) $200,000,000 for fiscal year 2011, of

20 which at least $27,000,000 shall be used for such

21 capacity building activities.

22 ‘‘(2) EXCEPTION.—For any fiscal year for which

23 the funding allocated for activities under this section

24 is less than $105,000,000, the amount of funding

25 available for capacity building activities described in
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1 subparagraphs (A) through (D) of paragraph (1)

2 shall not exceed 15 percent of the allocated funds.’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) SECTION 4.—Section 4 of the National

5 Science Foundation Authorization Act of 2002 (42

6 U.S.C. 1862n note) is amended in the matter pre7 ceding paragraph (1) by striking ‘‘In this Act:’’ and

8 inserting ‘‘Except as otherwise provided, in this Act:’’.

9 (2) SECTION 8.—Section 8(6) of the National

10 Science Foundation Authorization Act of 2002 (Pub11 lic Law 107–368) is amended—

12 (A) in the paragraph heading, by striking

13 ‘‘SCHOLARSHIP’’ and inserting ‘‘TEACHER’’; and

14 (B) by striking ‘‘Scholarship’’ and inserting

15 ‘‘Teacher’’.

16 SEC. 4013. SENSE OF THE SENATE REGARDING THE MATHE17 MATICS AND SCIENCE PARTNERSHIP PRO18 GRAMS OF THE DEPARTMENT OF EDUCATION

19 AND THE NATIONAL SCIENCE FOUNDATION.

20 It is the sense of the Senate that—

21 (1) although the mathematics and science edu22 cation partnership program at the National Science

23 Foundation and the mathematics and science part24 nership program at the Department of Education
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1 practically share the same name, the 2 programs are

2 intended to be complementary, not duplicative;

3 (2) the National Science Foundation partnership

4 programs are innovative, model reform initiatives

5 that move promising ideas in education from research

6 into practice to improve teacher quality, develop chal7 lenging curricula, and increase student achievement

8 in mathematics and science, and Congress intends

9 that the National Science Foundation peer-reviewed

10 partnership programs found to be effective should be

11 put into wider practice by dissemination through the

12 Department of Education partnership programs; and

13 (3) the Director of the National Science Founda14 tion and the Secretary of Education should have on15 going collaboration to ensure that the 2 components

16 of this priority effort for mathematics and science

17 education continue to work in concert for the benefit

18 of States and local practitioners nationwide.

19 SEC. 4014. NATIONAL SCIENCE FOUNDATION TEACHER IN20 STITUTES FOR THE 21ST CENTURY.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Within

22 the amounts authorized to be appropriated by section 4001,

23 there are authorized to be appropriated to carry out the

24 teacher institutes for the 21st century under paragraphs (3)

25 and (7) of section 9(a) of the National Science Foundation
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1 Authorization Act of 2002 (as amended by subsection (b))

2 (42 U.S.C. 1862n(a))—

3 (1) $84,000,000 for fiscal year 2008;

4 (2) $94,000,000 for fiscal year 2009;

5 (3) $106,000,000 for fiscal year 2010; and

6 (4) $140,000,000 for fiscal year 2011.

7 (b) TEACHER INSTITUTES FOR THE 21ST CENTURY.—

8 Section 9(a) of the National Science Foundation Authoriza9 tion Act of 2002 (42 U.S.C. 1862n(a)) is amended—

10 (1) in paragraph (3)(B), by striking ‘‘summer

11 or’’ and inserting ‘‘teacher institutes for the 21st cen12 tury, as described in paragraph (7),’’;

13 (2) by redesignating paragraph (7) as para14 graph (8); and

15 (3) by inserting after paragraph (6) the fol16 lowing:

17 ‘‘(7) TEACHER INSTITUTES FOR THE 21ST CEN18 TURY.—

19 ‘‘(A) IN GENERAL.—Teacher institutes for

20 the 21st century carried out in accordance with

21 paragraph (3)(B) shall—

22 ‘‘(i) be carried out in conjunction with

23 a school served by the local educational

24 agency in the partnership;
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1 ‘‘(ii) be science, technology, engineer2 ing, and mathematics focused institutes that

3 provide professional development to elemen4 tary school and secondary school teachers;

5 ‘‘(iii) serve teachers who are considered

6 highly qualified (as defined in section 9101

7 of the Elementary and Secondary Edu8 cation Act of 1965), teach high-need sub9 jects, and teach in high-need schools (as de10 scribed in section 1114(a)(1) of the Elemen11 tary and Secondary Education Act of

12 1965);

13 ‘‘(iv) focus on the theme and structure

14 developed by the Director under subpara15 graph (C);

16 ‘‘(v) be content-based and build on

17 school year curricula that are experiment18 oriented, content-based, and grounded in

19 current research;

20 ‘‘(vi) ensure that the pedagogy compo21 nent is designed around specific strategies

22 that are relevant to teaching the subject and

23 content on which teachers are being trained,

24 which may include training teachers in the

25 essential components of reading instruction
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1 for adolescents in order to improve student

2 reading skills within the subject areas of

3 science, technology, engineering, and mathe4 matics;

5 ‘‘(vii) be a multiyear program that is

6 conducted for a period of not less than 2

7 weeks per year;

8 ‘‘(viii) provide for direct interaction

9 between participants in and faculty of the

10 teacher institute;

11 ‘‘(ix) have a component that includes

12 the use of the Internet;

13 ‘‘(x) provide for followup training in

14 the classroom during the academic year for

15 a period of not less than 3 days, which may

16 or may not be consecutive, for participants

17 in the teacher institute, except that for

18 teachers in rural local educational agencies,

19 the followup training may be provided

20 through the Internet;

21 ‘‘(xi) provide teachers participating in

22 the teacher institute with travel expense re23 imbursement and classroom materials re24 lated to the teacher institute, and may in25 clude providing stipends as necessary; and
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1 ‘‘(xii) establish a mechanism to pro2 vide supplemental support during the aca3 demic year for teacher institute partici4 pants to apply the knowledge and skills

5 gained at the teacher institute.

6 ‘‘(B) OPTIONAL MEMBERS OF THE PART7 NERSHIP.—In addition to the partnership re8 quirement under paragraph (2), an institution

9 of higher education or eligible nonprofit organi10 zation (or consortium) desiring a grant for a

11 teacher institute for the 21st century may also

12 partner with a teacher organization, museum, or

13 educational partnership organization.

14 ‘‘(C) THEME AND STRUCTURE.—Each year,

15 not later than 180 days before the application

16 deadline for a grant under this section, the Di17 rector shall, in consultation with a broad group

18 of relevant education organizations, develop a

19 theme and structure for the teacher institutes of

20 the 21st century supported under paragraph

21 (3)(B).’’.
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1 SEC. 4015. PARTNERSHIPS FOR ACCESS TO LABORATORY

2 SCIENCE.

3 (a) GRANT PROGRAM.—Section 8(8) of the National

4 Science Foundation Authorization Act of 2002 (Public Law

5 107–368) is amended—

6 (1) by redesignating subparagraphs (A) through

7 (F) as clauses (i) through (vi), respectively, and in8 denting appropriately;

9 (2) by moving the flush language at the end 2

10 ems to the right;

11 (3) in the flush language at the end, by striking

12 ‘‘paragraph’’ and inserting ‘‘subparagraph’’;

13 (4) by striking ‘‘INITIATIVE.—A program of’’

14 and inserting ‘‘INITIATIVE.—

15 ‘‘(A) IN GENERAL.—A program of’’; and

16 (5) by inserting at the end the following:

17 ‘‘(B) PILOT PROGRAM.—

18 ‘‘(i) IN GENERAL.—In accordance with

19 subparagraph (A)(v), the Director shall es20 tablish a pilot program designated as ‘Part21 nerships for Access to Laboratory Science’

22 to award grants to partnerships to pay the

23 Federal share of the costs of improving lab24 oratories and providing instrumentation as

25 part of a comprehensive program to enhance

26 the quality of mathematics, science, engi-
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1 neering, and technology instruction at the

2 secondary school level. Grants under this

3 subparagraph may be used for—

4 ‘‘(I) purchase, rental, or leasing of

5 equipment, instrumentation, and other

6 scientific educational materials;

7 ‘‘(II) acquire appropriate

8 nanotechnology equipment and soft9 ware designed for teaching students

10 about nanotechnology in the classroom;

11 ‘‘(III) professional development

12 and training for teachers aligned with

13 activities supported under section 2123

14 of the ESEA of 1965;

15 ‘‘(IV) development of instructional

16 programs designed to integrate the lab17 oratory experience with classroom in18 struction and to be consistent with

19 State mathematics and science, and to

20 the extent applicable, technology and

21 engineering, academic achievement

22 standards;

23 ‘‘(V) training in laboratory safety

24 for relevant school personnel;
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1 ‘‘(VI) design and implementation

2 of hands-on laboratory experiences to

3 encourage the interest of individuals

4 identified in section 33 or 34 of the

5 Science and Engineering Equal Op6 portunities Act (42 U.S.C. 1885a or

7 1885b) in mathematics, science, engi8 neering, and technology and help pre9 pare such individuals to pursue post10 secondary studies in these fields; and

11 ‘‘(VII) assessment of the activities

12 funded under this subparagraph.

13 ‘‘(ii) PARTNERSHIP.—Grants awarded

14 under clause (i) shall be to a partnership

15 that—

16 ‘‘(I) includes an institution of

17 higher education or a community col18 lege;

19 ‘‘(II) includes a high-need local

20 educational agency;

21 ‘‘(III) includes a business or eligi22 ble nonprofit organization; and

23 ‘‘(IV) may include a State edu24 cational agency, other public agency,
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1 National Laboratory, or community2 based organization.

3 ‘‘(iii) FEDERAL SHARE.—The Federal

4 share of the cost of activities carried out

5 using amounts from a grant under clause

6 (i) shall not exceed 30 percent.’’.

7 (b) REPORT.—The Director of the National Science

8 Foundation shall evaluate the effectiveness of activities car9 ried out under the pilot projects funded by the grant pro10 gram established pursuant to the amendment made by sub11 section (b) in improving student performance in mathe12 matics, science, engineering, and technology and rec13 ommend whether such activities should continue. A report

14 documenting the results of that evaluation shall be sub15 mitted to the Committee on Commerce, Science, and Trans16 portation and the Committee on Health, Education, Labor,

17 and Pensions of the Senate and the Committee on Science

18 and Technology of the House of Representatives not later

19 than 3 years after the date of enactment of this Act. The

20 report shall identify best practices and materials for the

21 classroom developed and demonstrated by grant awardees.

22 (c) SUNSET.—The provisions of this section shall cease

23 to have force or effect at the beginning of fiscal year 2012.

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

25 authorized to be appropriated to the National Science
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1 Foundation to carry out this section and the amendments

2 made by this section such sums for fiscal year 2008 and

3 each of the 3 succeeding fiscal years.

4 DIVISION E—GENERAL

5 PROVISIONS

6 SEC. 5001. COLLECTION OF DATA RELATING TO TRADE IN

7 SERVICES.

8 (a) IN GENERAL.—Not later than 90 days after the

9 date of the enactment of this Act, the Secretary of Commerce

10 shall establish a program within the Bureau of Economic

11 Analysis to collect and study data relating to export and

12 import of services. As part of the program, the Secretary

13 shall annually—

14 (1) provide data collection and analysis relating

15 to export and import of services;

16 (2) collect and analyze data for service imports

17 and exports in not less than 40 service industry cat18 egories, on a state-by-state basis;

19 (3) include data collection and analysis of the

20 employment effects of exports and imports on the serv21 ice industry; and

22 (4) integrate ongoing and planned data collec23 tion and analysis initiatives in research and develop24 ment and innovation.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to the Department of Com3 merce such sums for each of the fiscal years 2008, 2009,

4 2010, 2011, 2012, to carry out the provisions of this section.

5 SEC. 5002. SENSE OF THE SENATE REGARDING SMALL BUSI6 NESS GROWTH AND CAPITAL MARKETS.

7 (a) FINDINGS.—The Congress finds that—

8 (1) the United States has the most fair, most

9 transparent, and most efficient capital markets in the

10 world, in part due to its strong securities statutory

11 and regulatory scheme;

12 (2) it is of paramount importance for the contin13 ued growth of our Nation’s economy, that our capital

14 markets retain their leading position in the world;

15 (3) small businesses are vital participants in

16 United States capital markets, and play a critical

17 role in future economic growth and high-wage job cre18 ation;

19 (4) section 404 of the Sarbanes-Oxley Act of

20 2002, has greatly enhanced the quality of corporate

21 governance and financial reporting for public compa22 nies and increased investor confidence;

23 (5) the Securities and Exchange Commission (in

24 this section referred to as the ‘‘Commission’’) and the

25 Public Company Accounting Oversight Board (in this
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1 section referred to as the ‘‘PCAOB’’) have both deter2 mined that the current auditing standard imple3 menting section 404 of the Sarbanes-Oxley Act of

4 2002 has imposed unnecessary and unintended cost

5 burdens on small and mid-sized public companies;

6 (6) the Commission and PCAOB are now near

7 completion of a 2-year process intended to revise the

8 standard in order to provide more efficient and effec9 tive regulation; and

10 (7) the chairman of the Commission recently has

11 said, with respect to section 404 of the Sarbanes12 Oxley Act of 2002, that, ‘‘We don’t need to change the

13 law, we need to change the way the law is imple14 mented. It is the implementation of the law that has

15 caused the excessive burden, not the law itself. That’s

16 an important distinction. I don’t believe these impor17 tant investor protections, which are even now only a

18 few years old, should be opened up for amendment, or

19 that they need to be.’’.

20 (b) SENSE OF THE SENATE.—It is the sense of the Sen21 ate that the Commission and the PCAOB should complete

22 promulgation of the final rules implementing section 404

23 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262).
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1 SEC. 5003. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW

2 OF ACTIVITIES, GRANTS, AND PROGRAMS.

3 Not later than 3 years after the date of enactment of

4 this Act, the Comptroller General of the United States shall

5 submit a report to Congress that—

6 (1) examines each annual and interim report re7 quired to be submitted to Congress under this Act (in8 cluding any amendment made by this Act);

9 (2) assesses or evaluates assessments of the effec10 tiveness of the new or expended activities, grants, and

11 programs carried out under this Act (including any

12 amendment made by this Act); and

13 (3) includes any recommendations as the Comp14 troller General determines are appropriate to improve

15 the effectiveness of such activities, grants, and pro16 grams.

17 SEC. 5004. PROHIBITION AGAINST FUNDING ANTI-COMPETI18 TIVENESS.

19 Notwithstanding any other provision of the Law; no

20 federal funds shall be provided to any organization or enti21 ty that advocates against tax competition or United States

22 tax competitiveness.

23 Provided, however, that advocating for effective tax in24 formation exchange, advocating for effective transfer pric25 ing, and advocating for income tax treaties is not consid-
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1 ered to be advocating against tax competition of United

2 States tax competitiveness.

3 SEC. 5005. FEASIBILITY STUDY ON FREE ONLINE COLLEGE

4 DEGREE PROGRAM.

5 (a) IN GENERAL.—Not later than 90 days after the

6 date of enactment of this Act, the Secretary of Commerce

7 shall enter into a contract with the National Academy of

8 Sciences to conduct and complete a feasibility study on cre9 ating a national, free online college degree program that

10 would be available to all individuals described under section

11 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C.

12 1091(a)(5)) who wish to pursue a degree in a field of stra13 tegic importance to the United States and where expertise

14 is in demand, such as mathematics, sciences, and foreign

15 languages. The study shall look at the need for a free college

16 degree program as well as the feasibility of—

17 (1) developing online course content;

18 (2) developing sufficiently rigorous tests to deter19 mine mastery of a field of study; and

20 (3) sustaining the program through private

21 funding.

22 (b) STUDY.—The study described in subsection (a)

23 shall also include a review of existing online education pro24 grams to determine the extent to which these programs offer

25 a rigorous curriculum in areas like mathematics and
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1 science and the National Academy of Sciences shall make

2 recommendations for how online degree programs can be as3 sessed and accredited.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

5 authorized to be appropriated to carry out this section

6 $500,000 for fiscal year 2008.

7 SEC. 5006. SENSE OF THE SENATE REGARDING DEEMED EX8 PORTS.

9 It is the sense of Senate that—

10 (1) United States government policies related to

11 deemed exports should safeguard United States na12 tional security and protect fundamental research.

13 (2) The Department of Commerce has established

14 the Deemed Export Advisory Committee to develop

15 recommendations for improving current controls on

16 deemed exports.

17 (3) The Administration and Congress should

18 consider the recommendations of the Deemed Export

19 Advisory Committee in its development and imple20 mentation of export control policies.

21 SEC. 5007. SENSE OF THE SENATE REGARDING CAPITAL

22 MARKETS.

23 (a) FINDINGS.—The Senate finds that—

24 (1) United States capital markets are losing

25 their competitive edge in the face of intensifying glob-
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1 al competition, posing a risk to economic growth, a

2 problem that is well-documented in initial public of3 ferings (IPO), over-the-counter (OTC) derivatives,

4 securitization, and traditional lending;

5 (2) according to the Senator Charles E. Schumer

6 and Mayor Michael R. Bloomberg report, entitled

7 ‘‘Sustaining New York’s and the US’s Global Finan8 cial Services Leadership’’, ‘‘In looking at several of

9 the critical contested investment banking and sales

10 and trading markets—initial public offerings (IPOs),

11 over-the-counter (OTC) derivatives, and debt—it is

12 clear that the declining position of the US goes be13 yond this natural market evolution to more control14 lable, intrinsic issues of US competitiveness. As mar15 ket effectiveness, liquidity and safety become more

16 prevalent in the world’s financial markets, the com17 petitive arena for financial services is shifting toward

18 a new set of factors—like availability of skilled people

19 and a balanced and effective legal and regulatory en20 vironment—where the US is moving in the wrong di21 rection.’’;

22 (3) further, the report referred to in paragraph

23 (2) stated that—

24 (A) ‘‘The IPO market also offers the most

25 dramatic illustration of the change in capital-
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1 raising needs around the world, and US ex2 changes are rapidly losing ground to foreign ri3 vals. When looking at all IPOs that took place

4 globally in 2006, the share of IPO volume at5 tracted by US exchanges is barely one-third of

6 that captured in 2001. By contrast, the global

7 share of IPO volume captured by European ex8 changes has expanded by more than 30 percent

9 over the same period, while non-Japan Asian

10 markets have doubled their equivalent market

11 share since 2001. When one considers mega-IPOs

12 – those over $1 billion – US exchanges attracted

13 57 percent of such transactions in 2001, com14 pared with just 16 percent during the first ten

15 months of 2006.’’; and

16 (B) ‘‘London already enjoys clear leadership

17 in the fast-growing and innovative over-the18 counter (OTC) derivatives market. This is sig19 nificant because of the trading flow that sur20 rounds derivatives markets and because of the in21 novation these markets drive, both of which are

22 key competitive factors for financial centers.

23 Dealers and investors increasingly see derivatives

24 and cash markets as interchangeable and are

25 therefore combining trading operations for both
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1 products. Indeed, the derivatives markets can be

2 more liquid than the underlying cash markets.

3 Therefore, as London takes the global lead in de4 rivatives, America’s competitiveness in both cash

5 and derivatives flow trading is at risk, as is its

6 position as a center for financial innovation.’’;

7 (4) on March 13, 2007, the Department of the

8 Treasury convened a conference on United States cap9 ital markets competitiveness, where—

10 (A) key policymakers, consumer advocates,

11 members of the international community, busi12 ness representatives, and academic experts, each

13 with different perspectives, discussed ways to

14 keep United States capital markets the strongest

15 and most innovative in the world; and

16 (B) conference delegates examined the im17 pact of the United States regulatory structure

18 and philosophy, the legal and corporate govern19 ance environment, and the auditing profession

20 and financial reporting on United States capital

21 markets competitiveness;

22 (5) the foundation of any competitive capital

23 market is investor confidence, and since 1930, the

24 United States has required some of the most extensive
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1 financial disclosures, supported by one of the most ro2 bust enforcement regimes in the world;

3 (6) a balanced regulatory system is essential to

4 protecting investors and the efficient functioning of

5 capital markets; and

6 (7) too much regulation stifles entrepreneurship,

7 competition, and innovation, and too little regulation

8 creates excessive risk to industry, investors, and the

9 overall system.

10 (b) SENSE OF THE SENATE.—It is the sense of the Sen11 ate that—

12 (1) Congress, the President, regulators, industry

13 leaders, and other stakeholders should take the nec14 essary steps to reclaim the preeminent position of the

15 United States in the global financial services market16 place;

17 (2) the Federal and State financial regulatory

18 agencies should, to the maximum extent possible, co19 ordinate activities on significant policy matters, so as

20 not to impose regulations that may have adverse un21 intended consequences on innovativeness with respect

22 to financial products, instruments, and services, or

23 that impose regulatory costs that are disproportionate

24 to their benefits, and, at the same time, ensure that

25 the regulatory framework overseeing the United States
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1 capital markets continues to promote and protect the

2 interests of investors in those markets; and

3 (3) given the complexity of the financial services

4 marketplace today, Congress should exercise vigorous

5 oversight over Federal regulatory and statutory re6 quirements affecting the financial services industry

7 and consumers, with the goal of eliminating excessive

8 regulation and problematic implementation of exist9 ing laws and regulations, while ensuring that nec10 essary investor protections are not compromised.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION H. R. 2272

AMENDMENT