PUBLIC LAW 110–69—AUG. 9, 2007 

AMERICA COMPETES ACT 

121 STAT. 572 PUBLIC LAW 110–69—AUG. 9, 2007 

Public Law 110–69 

110th Congress 

An Act 

To invest in innovation through research and development, and to improve the 

competitiveness of the United States. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘America COMPETES Act’’ or 

the ‘‘America Creating Opportunities to Meaningfully Promote 

Excellence in Technology, Education, and Science Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENTWIDE SCIENCE 

Sec. 1001. National Science and Technology Summit. 

Sec. 1002. Study on barriers to innovation. 

Sec. 1003. National Technology and Innovation Medal. 

Sec. 1004. Semiannual Science, Technology, Engineering, and Mathematics Days. 

Sec. 1005. Study of service science. 

Sec. 1006. President’s Council on Innovation and Competitiveness. 

Sec. 1007. National coordination of research infrastructure. 

Sec. 1008. Sense of Congress on innovation acceleration research. 

Sec. 1009. Release of scientific research results. 

TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

Sec. 2001. NASA’s contribution to innovation. 

Sec. 2002. Aeronautics. 

Sec. 2003. Basic research enhancement. 

Sec. 2004. Aging workforce issues program. 

Sec. 2005. Sense of Congress regarding NASA’s undergraduate student research 

program. 

Sec. 2006. Use of International Space Station National Laboratory to support math 

and science education and competitiveness. 

TITLE III—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

Sec. 3001. Authorization of appropriations. 

Sec. 3002. Amendments to the Stevenson-Wydler Technology Innovation Act of 

1980. 

Sec. 3003. Manufacturing Extension Partnership. 

Sec. 3004. Institute-wide planning report. 

Sec. 3005. Report by Visiting Committee. 

Sec. 3006. Meetings of Visiting Committee on Advanced Technology. 

Sec. 3007. Collaborative manufacturing research pilot grants. 

Sec. 3008. Manufacturing Fellowship Program. 

Sec. 3009. Procurement of temporary and intermittent services. 

Sec. 3010. Malcolm Baldrige awards. 

Sec. 3011. Report on National Institute of Standards and Technology efforts to recruit and retain early career science and engineering researchers. 

America 

COMPETES Act. 

20 USC 9801 

note. 

Aug. 9, 2007 

[H.R. 2272] 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 573 

Sec. 3012. Technology Innovation Program. 

Sec. 3013. Technical amendments to the National Institute of Standards and Technology Act and other technical amendments. Sec. 3014. Retention of depreciation surcharge. 

Sec. 3015. Post-doctoral fellows. 

TITLE IV—OCEAN AND ATMOSPHERIC PROGRAMS 

Sec. 4001. Ocean and atmospheric Research and development Program. 

Sec. 4002. NOAA ocean and atmospheric Science education Programs. 

Sec. 4003. NOAA’s contribution to innovation. 

TITLE V—DEPARTMENT OF ENERGY 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

Sec. 5003. Science, engineering, and mathematics education at the Department of 

Energy. Sec. 5004. Nuclear science talent expansion program for institutions of higher education. 

Sec. 5005. Hydrocarbon systems science talent expansion program for institutions 

of higher education. Sec. 5006. Department of Energy early career awards for science. engineering, and 

mathematics researchers. 

Sec. 5007. Authorization of appropriations for Department of Energy for basic research. 

Sec. 5008. Discovery science and engineering innovation institutes. 

Sec. 5009. Protecting America’s Competitive Edge (PACE) graduate fellowship program. Sec. 5010. Sense of Congress regarding certain recommendations and reviews. 

Sec. 5011. Distinguished scientist program. 

Sec. 5012. Advanced Research Projects Agency—Energy. 

TITLE VI—EDUCATION 

Sec. 6001. Findings. 

Sec. 6002. Definitions. 

Subtitle A—Teacher Assistance 

PART I—TEACHERS FOR A COMPETITIVE TOMORROW

Sec. 6111. Purpose. 

Sec. 6112. Definitions. 

Sec. 6113. Programs for baccalaureate degrees in science, technology, engineering, 

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

Sec. 6114. Programs for master’s degrees in science, technology, engineering, mathematics, or critical foreign language education. Sec. 6115. General provisions. 

Sec. 6116. Authorization of appropriations. 

PART II—ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS

Sec. 6121. Purpose. 

Sec. 6122. Definitions. 

Sec. 6123. Advanced Placement and International Baccalaureate Programs. 

PART III—PROMISING PRACTICES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND

MATHEMATICS TEACHING

Sec. 6131. Promising practices. 

Subtitle B—Mathematics 

Sec. 6201. Math Now for elementary school and middle school students program. 

Sec. 6202. Summer term education programs. 

Sec. 6203. Math skills for secondary school students. 

Sec. 6204. Peer review of State applications. 

Subtitle C—Foreign Language Partnership Program 

Sec. 6301. Findings and purpose. 

Sec. 6302. Definitions. 

Sec. 6303. Program authorized. 

Sec. 6304. Authorization of appropriations. 

Subtitle D—Alignment of Education Programs 

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

education data systems. 

121 STAT. 574 PUBLIC LAW 110–69—AUG. 9, 2007 

Subtitle E—Mathematics and Science Partnership Bonus Grants 

Sec. 6501. Mathematics and science partnership bonus grants. 

Sec. 6502. Authorization of appropriations. 

TITLE VII—NATIONAL SCIENCE FOUNDATION 

Sec. 7001. Definitions. 

Sec. 7002. Authorization of appropriations. 

Sec. 7003. Reaffirmation of the merit-review process of the National Science Foundation. 

Sec. 7004. Sense of the Congress regarding the mathematics and science partnership programs of the Department of Education and the National Science 

Foundation. 

Sec. 7005. Curricula. 

Sec. 7006. Centers for research on learning and education improvement. 

Sec. 7007. Interdisciplinary research. 

Sec. 7008. Postdoctoral research fellows. 

Sec. 7009. Responsible conduct of research. 

Sec. 7010. Reporting of research results. 

Sec. 7011. Sharing research results. 

Sec. 7012. Funding for successful science, technology, engineering, and mathematics education programs. 

Sec. 7013. Cost sharing. 

Sec. 7014. Additional reports. 

Sec. 7015. Administrative amendments. 

Sec. 7016. National Science Board reports. 

Sec. 7017. Program Fraud Civil Remedies Act of 1986 amendment. 

Sec. 7018. Meeting critical national science needs. 

Sec. 7019. Research on innovation and inventiveness. 

Sec. 7020. Cyberinfrastructure. 

Sec. 7021. Pilot program of grants for new investigators. 

Sec. 7022. Broader impacts merit review criterion. 

Sec. 7023. Donations. 

Sec. 7024. High-performance computing and networking. 

Sec. 7025. Science, technology, engineering, and mathematics talent expansion program. 

Sec. 7026. Laboratory science pilot program. 

Sec. 7027. Study on laboratory equipment donations for schools. 

Sec. 7028. Mathematics and Science Education Partnerships amendments. 

Sec. 7029. National Science Foundation teacher institutes for the 21st century. 

Sec. 7030. Robert Noyce Teacher Scholarship Program. 

Sec. 7031. Encouraging participation. 

Sec. 7032. National Academy of Sciences report on diversity in science, technology, 

engineering, and mathematics fields. 

Sec. 7033. Hispanic-serving institutions undergraduate program. 

Sec. 7034. Professional science master’s degree programs. 

Sec. 7035. Sense of Congress on communications training for scientists. 

Sec. 7036. Major research instrumentation. 

Sec. 7037. Limit on proposals. 

TITLE VIII—GENERAL PROVISIONS 

Sec. 8001. Collection of data relating to trade in services. 

Sec. 8002. Sense of the Senate regarding small business growth and capital markets. 

Sec. 8003. Government Accountability Office review of activities, grants, and programs. 

Sec. 8004. Sense of the Senate regarding anti-competitive tax policy. 

Sec. 8005. Study of the provision of online degree programs. 

Sec. 8006. Sense of the Senate regarding deemed exports. 

Sec. 8007. Sense of the Senate regarding capital markets. 

Sec. 8008. Accountability and transparency of activities authorized by this Act. 

TITLE I—OFFICE OF SCIENCE AND 

TECHNOLOGY POLICY; GOVERNMENTWIDE SCIENCE 

SEC. 1001. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT. 

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

the enactment of this Act, the President shall convene a National 

Deadline. 

President. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 575 

Science and Technology Summit to examine the health and direction 

of the United States’ science, technology, engineering, and mathematics enterprises. The Summit shall include representatives of 

industry, small business, labor, academia, State government, Federal research and development agencies, non-profit environmental 

and energy policy groups concerned with science and technology 

issues, and other nongovernmental organizations, including representatives of science, technology, and engineering organizations 

and associations that represent individuals identified in section 

33 or 34 of the Science and Engineering Equal Opportunities Act 

(42 U.S.C. 1885a or 1885b). 

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

conclusion of the Summit, the President shall submit to Congress 

a report on the results of the Summit. The report shall identify 

key research and technology challenges and recommendations, 

including recommendations to increase the representation of 

individuals identified in section 33 or 34 of the Science and 

Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) 

in science, engineering, and technology enterprises, for areas of 

investment for Federal research and technology programs to be 

carried out during the 5-year period beginning on the date the 

report is issued. 

(c) ANNUAL EVALUATION.—Beginning with the President’s 

budget submission for the fiscal year following the conclusion of 

the National Science and Technology Summit and for each of the 

following 4 budget submissions, the Analytical Perspectives component of the budget document that describes the Research and 

Development budget priorities shall include a description of how 

those priorities relate to the conclusions and recommendations of 

the Summit contained in the report required under subsection 

(b). 

SEC. 1002. STUDY ON BARRIERS TO INNOVATION. 

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

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

and Technology Policy shall enter into a contract with the National 

Academy of Sciences to conduct and complete a study to identify, 

and to review methods to mitigate, new forms of risk for businesses 

beyond conventional operational and financial risk that affect the 

ability to innovate, including studying and reviewing— 

(1) incentive and compensation structures that could effectively encourage long-term value creation and innovation; 

(2) methods of voluntary and supplemental disclosure by 

industry of intellectual capital, innovation performance, and 

indicators of future valuation; 

(3) means by which government could work with industry 

to enhance the legal and regulatory framework to encourage 

the disclosures described in paragraph (2); 

(4) practices that may be significant deterrents to United 

States businesses engaging in innovation risk-taking compared 

to foreign competitors; 

(5) costs faced by United States businesses engaging in 

innovation compared to foreign competitors, including the burden placed on businesses by high and rising health care costs; 

Deadline. 

Contracts. 

121 STAT. 576 PUBLIC LAW 110–69—AUG. 9, 2007 

(6) means by which industry, trade associations, and 

universities could collaborate to support research on management practices and methodologies for assessing the value and 

risks of longer term innovation strategies; 

(7) means to encourage new, open, and collaborative dialogue between industry associations, regulatory authorities, 

management, shareholders, labor, and other concerned interests 

to encourage appropriate approaches to innovation risk-taking; 

(8) incentives to encourage participation among institutions 

of higher education, especially those in rural and underserved 

areas, to engage in innovation; 

(9) relevant Federal regulations that may discourage or 

encourage innovation; 

(10) all provisions of the Internal Revenue Code of 1986, 

including tax provisions, compliance costs, and reporting 

requirements, that discourage innovation; 

(11) the extent to which Federal funding promotes or 

hinders innovation; and 

(12) the extent to which individuals are being equipped 

with the knowledge and skills necessary for success in the 

21st century workforce, as measured by— 

(A) elementary school and secondary school student 

academic achievement on the State academic assessments 

required under section 1111(b)(3) of the Elementary and 

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

especially in mathematics, science, and reading, identified 

by ethnicity, race, and gender; 

(B) the rate of student entrance into institutions of 

higher education, identified by ethnicity, race, and gender, 

by type of institution, and barriers to access to institutions 

of higher education; 

(C) the rates of— 

(i) students successfully completing postsecondary 

education programs, identified by ethnicity, race, and 

gender; and 

(ii) certificates, associate degrees, and baccalaureate degrees awarded in the fields of science, technology, engineering, and mathematics, identified by 

ethnicity, race, and gender; and 

(D) access to, and availability of, high quality job 

training programs. 

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

into the contract required by subsection (a) and 4 years after 

entering into such contract, the National Academy of Sciences shall 

submit to Congress a report on the study conducted under such 

subsection. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Office of Science and Technology Policy 

$1,000,000 for fiscal year 2008 for the purpose of carrying out 

the study required under this section. 

SEC. 1003. NATIONAL TECHNOLOGY AND INNOVATION MEDAL. 

Section 16 of the Stevenson-Wydler Technology Innovation Act 

of 1980 (15 U.S.C. 3711) is amended— 

(1) in the section heading, by striking ‘‘NATIONAL MEDAL’’ 

and inserting ‘‘NATIONAL TECHNOLOGY AND INNOVATION

MEDAL’’; and 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 577 

(2) in subsection (a), by striking ‘‘Technology Medal’’ and 

inserting ‘‘Technology and Innovation Medal’’. 

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

MATHEMATICS DAYS. 

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

of Science and Technology Policy should— 

(1) encourage all elementary and middle schools to observe 

a Science, Technology, Engineering, and Mathematics Day twice 

in every school year for the purpose of bringing in science, 

technology, engineering, and mathematics mentors to provide 

hands-on lessons to excite and inspire students to pursue the 

science, technology, engineering, and mathematics fields 

(including continuing education and career paths); 

(2) initiate a program, in consultation with Federal agencies 

and departments, to provide support systems, tools (from 

existing outreach offices), and mechanisms to allow and encourage Federal employees with scientific, technological, 

engineering, or mathematical responsibilities to reach out to 

local classrooms on such Science, Technology, Engineering, and 

Mathematics Days to instruct and inspire school children, 

focusing on real life science, technology, engineering, and 

mathematics-related applicable experiences along with handson demonstrations in order to demonstrate the advantages 

and direct applications of studying the science, technology, 

engineering, and mathematics fields; and 

(3) promote Science, Technology, Engineering, and Mathematics Days involvement by private sector and institutions 

of higher education employees, including partnerships with scientific, engineering, and mathematical professional organizations representing individuals identified in section 33 or 34 

of the Science and Engineering Equal Opportunities Act (42 

U.S.C. 1885a or 1885b), in a manner similar to the Federal 

employee involvement described in paragraph (2). 

SEC. 1005. STUDY OF SERVICE SCIENCE. 

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

in order to strengthen the competitiveness of United States enterprises and institutions and to prepare the people of the United 

States for high-wage, high-skill employment, the Federal Government should better understand and respond strategically to the 

emerging management and learning discipline known as service 

science. 

(b) STUDY.—Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Science and Technology 

Policy shall, through the National Academy of Sciences, conduct 

a study and report to Congress on how the Federal Government 

should support, through research, education, and training, the 

emerging management and learning discipline known as service 

science. 

(c) OUTSIDE RESOURCES.—In conducting the study under subsection (b), the National Academy of Sciences shall consult with 

leaders from 2- and 4-year institutions of higher education, as 

defined in section 101(a) of the Higher Education Act of 1965 

(20 U.S.C. 1001(a)), leaders from corporations, and other relevant 

parties. 

(d) SERVICE SCIENCE DEFINED.—In this section, the term 

‘‘service science’’ means curricula, training, and research programs 

Deadline. 

Reports. 

121 STAT. 578 PUBLIC LAW 110–69—AUG. 9, 2007 

that are designed to teach individuals to apply scientific, 

engineering, and management disciplines that integrate elements 

of computer science, operations research, industrial engineering, 

business strategy, management sciences, and social and legal 

sciences, in order to encourage innovation in how organizations 

create value for customers and shareholders that could not be 

achieved through such disciplines working in isolation. 

SEC. 1006. PRESIDENT’S COUNCIL ON INNOVATION AND COMPETITIVENESS. 

(a) IN GENERAL.—The President shall establish a President’s 

Council on Innovation and Competitiveness. 

(b) DUTIES.—The duties of the Council shall include— 

(1) monitoring implementation of public laws and initiatives for promoting innovation, including policies related to 

research funding, taxation, immigration, trade, and education 

that are proposed in this Act or in any other Act; 

(2) providing advice to the President with respect to global 

trends in competitiveness and innovation and allocation of Federal resources in education, job training, and technology 

research and development considering such global trends in 

competitiveness and innovation; 

(3) in consultation with the Director of the Office of 

Management and Budget, developing a process for using metrics 

to assess the impact of existing and proposed policies and 

rules that affect innovation capabilities in the United States; 

(4) identifying opportunities and making recommendations 

for the heads of executive agencies to improve innovation, monitoring, and reporting on the implementation of such recommendations; 

(5) developing metrics for measuring the progress of the 

Federal Government with respect to improving conditions for 

innovation, including through talent development, investment, 

and infrastructure improvements; and 

(6) submitting to the President and Congress an annual 

report on such progress. 

(c) MEMBERSHIP AND COORDINATION.— 

(1) MEMBERSHIP.—The Council shall be composed of the 

Secretary or head of each of the following: 

(A) The Department of Commerce. 

(B) The Department of Defense. 

(C) The Department of Education. 

(D) The Department of Energy. 

(E) The Department of Health and Human Services. 

(F) The Department of Homeland Security. 

(G) The Department of Labor. 

(H) The Department of the Treasury. 

(I) The National Aeronautics and Space Administration. 

(J) The Securities and Exchange Commission. 

(K) The National Science Foundation. 

(L) The Office of the United States Trade Representative. 

(M) The Office of Management and Budget. 

(N) The Office of Science and Technology Policy. 

(O) The Environmental Protection Agency. 

(P) The Small Business Administration. 

Establishment. 

15 USC 3718. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 579 

(Q) Any other department or agency designated by 

the President. 

(2) CHAIRPERSON.—The Secretary of Commerce shall serve 

as Chairperson of the Council. 

(3) COORDINATION.—The Chairperson of the Council shall 

ensure appropriate coordination between the Council and the 

National Economic Council, the National Security Council, and 

the National Science and Technology Council. 

(4) MEETINGS.—The Council shall meet on a semi-annual 

basis at the call of the Chairperson and the initial meeting 

of the Council shall occur not later than 6 months after the 

date of the enactment of this Act. 

(d) DEVELOPMENT OF INNOVATION AGENDA.— (1) IN GENERAL.—The Council shall develop a comprehensive agenda for strengthening the innovation and competitiveness capabilities of the Federal Government, State governments, academia, and the private sector in the United States. 

(2) CONTENTS.—The comprehensive agenda required by 

paragraph (1) shall include the following: 

(A) An assessment of current strengths and weaknesses 

of the United States investment in research and development. 

(B) Recommendations for addressing weaknesses and 

maintaining the United States as a world leader in research 

and development and technological innovation, including 

strategies for increasing the participation of individuals 

identified in section 33 or 34 of the Science and Engineering 

Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in 

science, technology, engineering, and mathematics fields. 

(C) Recommendations for strengthening the innovation 

and competitiveness capabilities of the Federal Government, State governments, academia, and the private sector 

in the United States. 

(3) ADVISORS.— 

(A) RECOMMENDATION.—Not later than 30 days after 

the date of the enactment of this Act, the National Academy 

of Sciences, in consultation with the National Academy 

of Engineering, the Institute of Medicine, and the National 

Research Council, shall develop and submit to the President 

a list of 50 individuals that are recommended to serve 

as advisors to the Council during the development of the 

comprehensive agenda required by paragraph (1). The list 

of advisors shall include appropriate representatives from 

the following: 

(i) The private sector of the economy. 

(ii) Labor. 

(iii) Various fields including information technology, energy, engineering, high-technology manufacturing, health care, and education. 

(iv) Scientific organizations. 

(v) Academic organizations and other nongovernmental organizations working in the area of science 

or technology. 

(vi) Nongovernmental organizations, such as 

professional organizations, that represent individuals 

identified in section 33 or 34 of the Science and 

Engineering Equal Opportunities Act (42 U.S.C. 1885a 

Deadline. 

Deadline. 

121 STAT. 580 PUBLIC LAW 110–69—AUG. 9, 2007 

or 1885b) in the areas of science, engineering, technology, and mathematics. 

(B) DESIGNATION.—Not later than 30 days after the 

date that the National Academy of Sciences submits the 

list of recommended individuals to serve as advisors, the 

President shall designate 50 individuals to serve as 

advisors to the Council. 

(C) REQUIREMENT TO CONSULT.—The Council shall 

develop the comprehensive agenda required by paragraph 

(1) in consultation with the advisors. 

(4) INITIAL SUBMISSION AND UPDATES.— 

(A) INITIAL SUBMISSION.—Not later than 1 year after 

the date of the enactment of this Act, the Council shall 

submit to Congress and the President the comprehensive 

agenda required by paragraph (1). 

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

shall update the comprehensive agenda required by paragraph (1) and submit each such update to Congress and 

the President. 

(e) OPTIONAL ASSIGNMENT.—Notwithstanding subsection (a) 

and paragraphs (1) and (2) of subsection (c), the President may 

designate an existing council to carry out the requirements of 

this section. 

SEC. 1007. NATIONAL COORDINATION OF RESEARCH INFRASTRUCTURE. 

(a) IDENTIFICATION AND PRIORITIZATION OF DEFICIENCIES IN

FEDERAL RESEARCH FACILITIES.—Each year the Director of the 

Office of Science and Technology Policy shall, through the National 

Science and Technology Council, identify and prioritize the deficiencies in research facilities and major instrumentation located 

at Federal laboratories and national user facilities at academic 

institutions that are widely accessible for use by researchers in 

the United States. In prioritizing such deficiencies, the Director 

shall consider research needs in areas relevant to the specific mission requirements of Federal agencies. 

(b) PLANNING FOR ACQUISITION, REFURBISHMENT, AND MAINTENANCE OF RESEARCH FACILITIES AND MAJOR INSTRUMENTATION.— 

The Director shall, through the National Science and Technology 

Council, coordinate the planning by Federal agencies for the acquisition, refurbishment, and maintenance of research facilities and 

major instrumentation to address the deficiencies identified under 

subsection (a). 

(c) REPORT.—The Director shall submit to Congress each year, 

together with documents submitted to Congress in support of the 

budget of the President for the fiscal year beginning in such year 

(as submitted pursuant to section 1105 of title 31, United States 

Code), a report, current as of the fiscal year ending in the year 

before such report is submitted, setting forth the following: 

(1) A description of the deficiencies in research infrastructure identified in accordance with subsection (a). 

(2) A list of projects and budget proposals of Federal 

research facilities, set forth by agency, for major instrumentation acquisitions that are included in the budget proposal of 

the President. 

42 USC 6619. 

Deadlines. 

Deadline. 

President. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 581 

(3) An explanation of how the projects and instrumentation 

acquisitions described in paragraph (2) relate to the deficiencies 

and priorities identified pursuant to subsection (a). 

SEC. 1008. SENSE OF CONGRESS ON INNOVATION ACCELERATION 

RESEARCH. 

(a) SENSE OF CONGRESS ON SUPPORT AND PROMOTION OF

INNOVATION IN THE UNITED STATES.—It is the sense of Congress 

that each Federal research agency should strive to support and 

promote innovation in the United States through high-risk, highreward basic research projects that— 

(1) meet fundamental technological or scientific challenges; 

(2) involve multidisciplinary work; and 

(3) involve a high degree of novelty. 

(b) SENSE OF CONGRESS ON SETTING ANNUAL FUNDING GOALS

FOR BASIC RESEARCH.—It is the sense of Congress that each Executive agency that funds research in science, technology, engineering, 

or mathematics should set a goal of allocating an appropriate 

percentage of the annual basic research budget of such agency 

to funding high-risk, high-reward basic research projects described 

in subsection (a). 

(c) REPORT.—Each Executive agency described in subsection 

(b) shall submit to Congress each year, together with documents 

submitted to Congress in support of the budget of the President 

for the fiscal year beginning in such year (as submitted pursuant 

to section 1105 of title 31, United States Code), a report describing 

whether a funding goal as described in subsection (b) has been 

established, and if such a goal has been established, the following: 

(1) A description of such funding goal. 

(2) Whether such funding goal is being met by the agency. 

(3) A description of activities supported by amounts allocated in accordance with such funding goal. 

(d) DEFINITIONS.—In this section: 

(1) BASIC RESEARCH.—The term ‘‘basic research’’ has the 

meaning given such term in the Office of Management and 

Budget Circular No. A–11. 

(2) EXECUTIVE AGENCY.—The term ‘‘Executive agency’’ has 

the meaning given such term in section 105 of title 5, United 

States Code. 

SEC. 1009. RELEASE OF SCIENTIFIC RESEARCH RESULTS. 

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

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

Technology Policy, in consultation with the Director of the Office 

of Management and Budget and the heads of all Federal civilian 

agencies that conduct scientific research, shall develop and issue 

an overarching set of principles to ensure the communication and 

open exchange of data and results to other agencies, policymakers, 

and the public of research conducted by a scientist employed by 

a Federal civilian agency and to prevent the intentional or unintentional suppression or distortion of such research findings. The principles shall encourage the open exchange of data and results of 

research undertaken by a scientist employed by such an agency 

and shall be consistent with existing Federal laws, including chapter 

18 of title 35, United States Code (commonly known as the ‘‘BayhDole Act’’). The principles shall also take into consideration the 

policies of peer-reviewed scientific journals in which Federal scientists may currently publish results. 

Deadline. 

42 USC 6620. 

42 USC 6603. 

121 STAT. 582 PUBLIC LAW 110–69—AUG. 9, 2007 

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

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

and Technology Policy shall ensure that all civilian Federal agencies 

that conduct scientific research develop specific policies and procedures regarding the public release of data and results of research 

conducted by a scientist employed by such an agency consistent 

with the principles established under subsection (a). Such polices 

and procedures shall— 

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

or recommended under such policies and procedures; 

(2) be specifically designed for each such agency; 

(3) be applied uniformly throughout each such agency; and 

(4) be widely communicated and readily accessible to all 

employees of each such agency and the public. 

TITLE II—NATIONAL AERONAUTICS 

AND SPACE ADMINISTRATION 

SEC. 2001. NASA’S CONTRIBUTION TO INNOVATION. 

(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The National 

Aeronautics and Space Administration shall be a full participant 

in any interagency effort to promote innovation and economic 

competitiveness through near-term and long-term basic scientific 

research and development and the promotion of science, technology, 

engineering, and mathematics education, consistent with the 

National Aeronautics and Space Administration’s mission, including 

authorized activities. 

(b) HISTORIC FOUNDATION.—In order to carry out the participation described in subsection (a), the Administrator of the National 

Aeronautics and Space Administration shall build on the historic 

role of the National Aeronautics and Space Administration in stimulating excellence in the advancement of physical science and 

engineering disciplines and in providing opportunities and incentives for the pursuit of academic studies in science, technology, 

engineering, and mathematics. 

(c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION

LEVELS.—The balanced science program authorized by section 

101(d) of the National Aeronautics and Space Administration 

Authorization Act of 2005 (42 U.S.C. 16611) shall be an element 

of the contribution by the National Aeronautics and Space Administration to such interagency programs. 

(d) SENSE OF CONGRESS ON CONTRIBUTION OF APPROPRIATELY

FUNDED NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.— It is the sense of Congress that a robust National Aeronautics 

and Space Administration, funded at the levels authorized for fiscal 

years 2007 and 2008 under sections 202 and 203 of the National 

Aeronautics and Space Administration Authorization Act of 2005 

(42 U.S.C. 16631 and 16632) and at appropriate levels in subsequent 

fiscal years— 

(1) can contribute significantly to innovation in, and the 

competitiveness of, the United States; 

(2) would enable a fair balance among science, aeronautics, 

education, exploration, and human space flight programs; and 

(3) would allow full participation in any interagency efforts 

to promote innovation and economic competitiveness. 

(e) ANNUAL REPORT.— 

42 USC 16611a. 

Deadline. 

Procedures. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 583 

(1) REQUIREMENT.—The Administrator shall submit to Congress and the President an annual report describing the activities conducted pursuant to this section, including a description 

of the goals and the objective metrics upon which funding 

decisions were made. 

(2) CONTENT.—Each report submitted pursuant to paragraph (1) shall include, with regard to science, technology, 

engineering, and mathematics education programs, at a minimum, the following: 

(A) A description of each program. 

(B) The amount spent on each program. 

(C) The number of students or teachers served by 

each program. 

(f) ASSESSMENT PLAN.—Not later than 1 year after the date 

of the enactment of this Act, the Administrator shall submit to 

Congress a report on its plan for instituting assessments of the 

effectiveness of the National Aeronautics and Space Administration’s science, technology, engineering, and mathematics education 

programs in improving student achievement, including with regard 

to challenging State achievement standards. 

SEC. 2002. AERONAUTICS. 

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

the aeronautics research and development program of the National 

Aeronautics and Space Administration has been an important 

contributor to innovation and to the competitiveness of the United 

States and the National Aeronautics and Space Administration 

should maintain its capabilities to advance the state of aeronautics. 

(b) COOPERATION WITH OTHER AGENCIES ON AERONAUTICS

ACTIVITIES.—The Administrator shall coordinate, as appropriate, 

the National Aeronautics and Space Administration’s aeronautics 

activities with relevant programs in the Department of Transportation, the Department of Defense, the Department of Commerce, 

and the Department of Homeland Security, including the activities 

of the Joint Planning and Development Office established under 

section 709 of the Vision 100–Century of Aviation Reauthorization 

Act (Public Law 108–176; 117 Stat. 2582). 

SEC. 2003. BASIC RESEARCH ENHANCEMENT. 

(a) IN GENERAL.—The Administrator of the National Aeronautics and Space Administration, the Director of the National 

Science Foundation, the Secretary of Energy, the Secretary of 

Defense, and Secretary of Commerce shall, to the extent practicable, 

coordinate basic research activities related to physical sciences, 

technology, engineering, and mathematics. 

(b) BASIC RESEARCH DEFINED.—In this section, the term ‘‘basic 

research’’ has the meaning given such term in Office of Management 

and Budget Circular No. A–11. 

SEC. 2004. AGING WORKFORCE ISSUES PROGRAM. 

It is the sense of Congress that the Administrator of the 

National Aeronautics and Space Administration should implement 

a program to address aging work force issues in aerospace that— 

(1) documents technical and management experiences 

before senior people leave the National Aeronautics and Space 

Administration, including— 

(A) documenting lessons learned; 

(B) briefing organizations; 

42 USC 16658. 

42 USC 16712. 

Deadline. 

Reports. 

121 STAT. 584 PUBLIC LAW 110–69—AUG. 9, 2007 

(C) providing opportunities for archiving lessons in 

a database; and 

(D) providing opportunities for near-term retirees to 

transition out early from their primary assignment in order 

to document their career lessons learned and brief new 

employees prior to their separation from the National Aeronautics and Space Administration; 

(2) provides incentives for retirees to return and teach 

new employees about their career lessons and experiences; and 

(3) provides for the development of an award to recognize 

and reward outstanding senior employees for their contributions to knowledge sharing. 

SEC. 2005. SENSE OF CONGRESS REGARDING NASA’S UNDERGRADUATE 

STUDENT RESEARCH PROGRAM. 

It is the sense of Congress that in order to generate interest 

in careers in science, technology, engineering, and mathematics 

and to help train the next generation of space and aeronautical 

scientists, technologists, engineers, and mathematicians the 

Administrator of the National Aeronautics and Space Administration should utilize the existing Undergraduate Student Research 

Program of the National Aeronautics and Space Administration 

to support basic research projects on subjects of relevance to the 

National Aeronautics and Space Administration that— 

(1) are to be carried out primarily by undergraduate students; and 

(2) combine undergraduate research with other research 

supported by the National Aeronautics and Space Administration. 

SEC. 2006. USE OF INTERNATIONAL SPACE STATION NATIONAL LABORATORY TO SUPPORT MATH AND SCIENCE EDUCATION 

AND COMPETITIVENESS. 

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

the International Space Station National Laboratory offers unique 

opportunities for educational activities and provides a unique 

resource for research and development in science, technology, and 

engineering, which can enhance the global competitiveness of the 

United States. 

(b) DEVELOPMENT OF EDUCATIONAL PROJECTS.—The Administrator of the National Aeronautics and Space Administration shall 

develop a detailed plan for implementation of 1 or more education 

projects that utilize the resources offered by the International Space 

Station. In developing any detailed plan according to this paragraph, the Administrator shall make use of the findings and recommendations of the International Space Station National Laboratory Education Concept Development Task Force. 

(c) DEVELOPMENT OF RESEARCH PLANS FOR COMPETITIVENESS

ENHANCEMENT.—The Administrator shall develop a detailed plan 

for identification and support of research to be conducted aboard 

the International Space Station, which offers the potential for 

enhancement of United States competitiveness in science, technology, and engineering. In developing any detailed plan pursuant 

to this subsection, the Administrator shall consult with agencies 

and entities with which cooperative agreements have been reached 

regarding utilization of International Space Station National Laboratory facilities. 

Plans. 

42 USC 2451 

note. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 585 

TITLE III—NATIONAL INSTITUTE OF 

STANDARDS AND TECHNOLOGY 

SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

(a) SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES.— (1) LABORATORY ACTIVITIES.—There are authorized to be 

appropriated to the Secretary of Commerce for the scientific 

and technical research and services laboratory activities of the 

National Institute of Standards and Technology— (A) $502,100,000 for fiscal year 2008; 

(B) $541,900,000 for fiscal year 2009; and 

(C) $584,800,000 for fiscal year 2010. 

(2) CONSTRUCTION AND MAINTENANCE.—There are authorized to be appropriated to the Secretary of Commerce for 

construction and maintenance of facilities of the National 

Institute of Standards and Technology— (A) $150,900,000 for fiscal year 2008; 

(B) $86,400,000 for fiscal year 2009; and 

(C) $49,700,000 for fiscal year 2010. 

(b) INDUSTRIAL TECHNOLOGY SERVICES.—There are authorized 

to be appropriated to the Secretary of Commerce for Industrial 

Technology Services activities of the National Institute of Standards 

and Technology— (1) $210,000,000 for fiscal year 2008, of which— (A) $100,000,000 shall be for the Technology Innovation 

Program under section 28 of the National Institute of 

Standards and Technology Act (15 U.S.C. 278n), of which 

at least $40,000,000 shall be for new awards; and (B) $110,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of 

the National Institute of Standards and Technology Act 

(15 U.S.C. 278k and 278l), of which not more than 

$1,000,000 shall be for the competitive grant program 

under section 25(f) of such Act; 

(2) $253,500,000 for fiscal year 2009, of which— (A) $131,500,000 shall be for the Technology Innovation 

Program under section 28 of the National Institute of 

Standards and Technology Act (15 U.S.C. 278n), of which 

at least $40,000,000 shall be for new awards; and (B) $122,000,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of 

the National Institute of Standards and Technology Act 

(15 U.S.C. 278k and 278l), of which not more than 

$4,000,000 shall be for the competitive grant program 

under section 25(f) of such Act; and 

(3) $272,300,000 for fiscal year 2010, of which— (A) $140,500,000 shall be for the Technology Innovation 

Program under section 28 of the National Institute of 

Standards and Technology Act (15 U.S.C. 278n), of which 

at least $40,000,000 shall be for new awards; and (B) $131,800,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of 

the National Institute of Standards and Technology Act 

(15 U.S.C. 278k and 278l), of which not more than 

$4,000,000 shall be for the competitive grant program 

under section 25(f) of such Act. 

121 STAT. 586 PUBLIC LAW 110–69—AUG. 9, 2007 

SEC. 3002. AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY 

INNOVATION ACT OF 1980. 

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

Innovation Act of 1980 (15 U.S.C. 3704) is amended— 

(1) by striking subsections (a) through (e); 

(2) by redesignating subsection (f) as subsection (a); 

(3) in subsection (a), as redesignated by paragraph (2)— 

(A) in paragraph (1), by striking ‘‘The Secretary, acting 

through the Under Secretary, shall establish for fiscal year 

1999’’ and inserting ‘‘Beginning in fiscal year 1999, the 

Secretary shall establish’’; 

(B) by striking ‘‘, acting through the Under Secretary,’’ 

each place it appears; 

(C) by redesignating paragraph (6) as subsection (b); 

(D) by striking paragraph (7); and 

(E) in the subsection heading, by striking ‘‘EXPERI- MENTAL PROGRAM TO STIMULATE COMPETITIVE TECH- NOLOGY’’ and inserting ‘‘PROGRAM ESTABLISHMENT’’; 

(4) in subsection (b), as redesignated by paragraph (3)(C), 

by striking ‘‘this subsection’’ and inserting ‘‘subsection (a)’’; 

and 

(5) in the section heading by striking ‘‘COMMERCE AND

TECHNOLOGICAL INNOVATION’’ and inserting ‘‘EXPERIMENTAL

PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY’’. 

(b) CONSTRUCTION.—The amendments made by subsection (a) 

shall not be construed to eliminate the National Institute of Standards and Technology or the National Technical Information Service. 

(c) CONFORMING AMENDMENTS.— 

(1) TITLE 5, UNITED STATES CODE.—Section 5314 of title 

5, United States Code, is amended by striking ‘‘Under Secretary 

of Commerce for Technology.’’. 

(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 

The National Institute of Standards and Technology Act (15 

U.S.C. 271 et seq.) is amended— 

(A) in section 2 of such Act (15 U.S.C. 272)— 

(i) in subsection (b), by striking ‘‘and, if appropriate, through other officials,’’; and 

(ii) in subsection (c), by striking ‘‘and, if appropriate, through other appropriate officials,’’; and 

(B) in section 5 of such Act (15 U.S.C. 274), by striking 

‘‘The Director shall have the general’’ and inserting ‘‘The 

Director shall report directly to the Secretary and shall 

have the general’’. 

(3) DEFINITIONS.—Section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703) is amended— 

(A) by striking paragraphs (1) and (3); and 

(B) by redesignating paragraphs (2) through (13) as 

paragraphs (1) through (11), respectively. 

(4) FUNCTIONS OF SECRETARY.—Section 11(g)(1) of such Act 

(15 U.S.C. 3710(g)(1)) is amended by striking ‘‘through the 

Under Secretary, and’’. 

(5) REPEAL OF AUTHORIZATION.—Section 21(a) of such Act 

(15 U.S.C. 3713(a)) is amended— 

(A) in paragraph (1), by striking ‘‘sections 5, 11(g), 

and 16’’ and inserting ‘‘sections 11(g) and 16’’; and 

(B) in paragraph (2), by striking ‘‘$500,000 is authorized only for the purpose of carrying out the requirements 

15 USC 3704 

note. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 587 

of the Japanese technical literature program established 

under section 5(d) of this Act;’’. 

(6) HIGH-PERFORMANCE COMPUTING ACT OF 1991.—Section 

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

5528) is amended by striking subsection (c) and redesignating 

subsection (d) as subsection (c). 

(7) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section 

6(b)(4)(B)(v) of the Assistive Technology Act of 1998 (29 U.S.C. 

3005(b)(4)(B)(v)) is amended by striking ‘‘the Technology 

Administration of the Department of Commerce,’’ and inserting 

‘‘the National Institute of Standards and Technology,’’. 

SEC. 3003. MANUFACTURING EXTENSION PARTNERSHIP. 

(a) CLARIFICATION OF ELIGIBLE CONTRIBUTIONS IN CONNECTION

WITH REGIONAL CENTERS RESPONSIBLE FOR IMPLEMENTING THE

OBJECTIVES OF THE PROGRAM.—Paragraph (3) of section 25(c) of 

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

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

‘‘(3)(A) Any nonprofit institution, or group thereof, or consortia 

of nonprofit institutions, including entities existing on August 23, 

1988, may submit to the Secretary an application for financial 

support under this subsection, in accordance with the procedures 

established by the Secretary and published in the Federal Register 

under paragraph (2). 

‘‘(B) In order to receive assistance under this section, an 

applicant for financial assistance under subparagraph (A) shall 

provide adequate assurances that non-Federal assets obtained from 

the applicant and the applicant’s partnering organizations will be 

used as a funding source to meet not less than 50 percent of 

the costs incurred for the first 3 years and an increasing share 

for each of the last 3 years. For purposes of the preceding sentence, 

the costs incurred means the costs incurred in connection with 

the activities undertaken to improve the management, productivity, 

and technological performance of small- and medium-sized manufacturing companies. 

‘‘(C) In meeting the 50 percent requirement, it is anticipated 

that a Center will enter into agreements with other entities such 

as private industry, universities, and State governments to accomplish programmatic objectives and access new and existing resources 

that will further the impact of the Federal investment made on 

behalf of small- and medium-sized manufacturing companies. All 

non-Federal costs, contributed by such entities and determined 

by a Center as programmatically reasonable and allocable under 

MEP program procedures are includable as a portion of the Center’s 

contribution. 

‘‘(D) Each applicant under subparagraph (A) shall also submit 

a proposal for the allocation of the legal rights associated with 

any invention which may result from the proposed Center’s activities.’’. 

(b) MANUFACTURING CENTER EVALUATION.—Paragraph (5) of 

section 25(c) of the National Institute of Standards and Technology 

Act (15 U.S.C. 278k(c)(5)) is amended by inserting ‘‘A Center that 

has not received a positive evaluation by the evaluation panel 

shall be notified by the panel of the deficiencies in its performance 

and shall be placed on probation for one year, after which time 

the panel shall reevaluate the Center. If the Center has not 

Notification. 

Proposal. 

121 STAT. 588 PUBLIC LAW 110–69—AUG. 9, 2007 

addressed the deficiencies identified by the panel, or shown a significant improvement in its performance, the Director shall conduct 

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

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

(c) FEDERAL SHARE.—Section 25 of the National Institute of 

Standards and Technology Act (15 U.S.C. 278k) is amended by 

striking subsection (d) and inserting the following: 

‘‘(d) ACCEPTANCE OF FUNDS.— ‘‘(1) IN GENERAL.—In addition to such sums as may be 

appropriated to the Secretary and Director to operate the Centers program, the Secretary and Director also may accept funds 

from other Federal departments and agencies and under section 

2(c)(7) from the private sector for the purpose of strengthening 

United States manufacturing. 

‘‘(2) ALLOCATION OF FUNDS.— ‘‘(A) FUNDS ACCEPTED FROM OTHER FEDERAL DEPARTMENTS OR AGENCIES.—The Director shall determine 

whether funds accepted from other Federal departments 

or agencies shall be counted in the calculation of the Federal share of capital and annual operating and maintenance 

costs under subsection (c). 

‘‘(B) FUNDS ACCEPTED FROM THE PRIVATE SECTOR.— 

Funds accepted from the private sector under section 

2(c)(7), if allocated to a Center, shall not be considered 

in the calculation of the Federal share under subsection 

(c) of this section.’’. 

(d) MEP ADVISORY BOARD.—Such section 25 is further amended 

by adding at the end the following: 

‘‘(e) MEP ADVISORY BOARD.— 

‘‘(1) ESTABLISHMENT.—There is established within the 

Institute a Manufacturing Extension Partnership Advisory 

Board (in this subsection referred to as the ‘MEP Advisory 

Board’). 

‘‘(2) MEMBERSHIP.— 

‘‘(A) IN GENERAL.—The MEP Advisory Board shall consist of 10 members broadly representative of stakeholders, 

to be appointed by the Director. At least 2 members shall 

be employed by or on an advisory board for the Centers, 

and at least 5 other members shall be from United States 

small businesses in the manufacturing sector. No member 

shall be an employee of the Federal Government. 

‘‘(B) TERM.—Except as provided in subparagraph (C) 

or (D), the term of office of each member of the MEP 

Advisory Board shall be 3 years. 

‘‘(C) CLASSES.—The original members of the MEP 

Advisory Board shall be appointed to 3 classes. One class 

of 3 members shall have an initial term of 1 year, one 

class of 3 members shall have an initial term of 2 years, 

and one class of 4 members shall have an initial term 

of 3 years. 

‘‘(D) VACANCIES.—Any member appointed to fill a 

vacancy occurring prior to the expiration of the term for 

which his predecessor was appointed shall be appointed 

for the remainder of such term. 

‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who 

has completed two consecutive full terms of service on 

the MEP Advisory Board shall thereafter be ineligible for 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 589 

appointment during the one-year period following the 

expiration of the second such term. 

‘‘(3) MEETINGS.—The MEP Advisory Board shall meet not 

less than 2 times annually, and provide to the Director— 

‘‘(A) advice on Manufacturing Extension Partnership 

programs, plans, and policies; 

‘‘(B) assessments of the soundness of Manufacturing 

Extension Partnership plans and strategies; and 

‘‘(C) assessments of current performance against Manufacturing Extension Partnership program plans. 

‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—In discharging 

its duties under this subsection, the MEP Advisory Board shall 

function solely in an advisory capacity, in accordance with 

the Federal Advisory Committee Act. 

‘‘(5) REPORT.—The MEP Advisory Board shall transmit an 

annual report to the Secretary for transmittal to Congress 

within 30 days after the submission to Congress of the President’s annual budget request in each year. Such report shall 

address the status of the program established pursuant to 

this section and comment on the relevant sections of the programmatic planning document and updates thereto transmitted 

to Congress by the Director under subsections (c) and (d) of 

section 23.’’. 

(e) MANUFACTURING EXTENSION CENTER COMPETITIVE GRANT

PROGRAM.—Such section 25 is further amended by adding at the 

end the following: 

‘‘(f) COMPETITIVE GRANT PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Director shall establish, within 

the Centers program under this section and section 26 of this 

Act, a program of competitive awards among participants 

described in paragraph (2) for the purposes described in paragraph (3). 

‘‘(2) PARTICIPANTS.—Participants receiving awards under 

this subsection shall be the Centers, or a consortium of such 

Centers. 

‘‘(3) PURPOSE.—The purpose of the program under this 

subsection is to develop projects to solve new or emerging 

manufacturing problems as determined by the Director, in consultation with the Director of the Centers program, the Manufacturing Extension Partnership Advisory Board, and small 

and medium-sized manufacturers. One or more themes for the 

competition may be identified, which may vary from year to 

year, depending on the needs of manufacturers and the success 

of previous competitions. These themes shall be related to 

projects associated with manufacturing extension activities, 

including supply chain integration and quality management, 

and including the transfer of technology based on the technological needs of manufacturers and available technologies from 

institutions of higher education, laboratories, and other technology producing entities, or extend beyond these traditional 

areas. 

‘‘(4) APPLICATIONS.—Applications for awards under this 

subsection shall be submitted in such manner, at such time, 

and containing such information as the Director shall require, 

in consultation with the Manufacturing Extension Partnership 

Advisory Board. 

121 STAT. 590 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(5) SELECTION.—Awards under this subsection shall be 

peer reviewed and competitively awarded. The Director shall 

select proposals to receive awards— 

‘‘(A) that utilize innovative or collaborative approaches 

to solving the problem described in the competition; 

‘‘(B) that will improve the competitiveness of industries 

in the region in which the Center or Centers are located; 

and 

‘‘(C) that will contribute to the long-term economic 

stability of that region. 

‘‘(6) PROGRAM CONTRIBUTION.—Recipients of awards under 

this subsection shall not be required to provide a matching 

contribution.’’. 

SEC. 3004. INSTITUTE-WIDE PLANNING REPORT. 

Section 23 of the National Institute of Standards and Technology Act (15 U.S.C. 278i) is amended by adding at the end 

the following: 

‘‘(c) THREE-YEAR PROGRAMMATIC PLANNING DOCUMENT.— 

Concurrent with the submission to Congress of the President’s 

annual budget request in the first year after the date of enactment 

of this subsection, the Director shall submit to Congress a 3-year 

programmatic planning document for the Institute, including programs under the Scientific and Technical Research and Services, 

Industrial Technology Services, and Construction of Research Facilities functions. 

‘‘(d) ANNUAL UPDATE ON THREE-YEAR PROGRAMMATIC PLANNING

DOCUMENT.—Concurrent with the submission to the Congress of 

the President’s annual budget request in each year after the date 

of enactment of this subsection, the Director shall submit to Congress an update to the 3-year programmatic planning document 

submitted under subsection (c), revised to cover the first 3 fiscal 

years after the date of that update.’’. 

SEC. 3005. REPORT BY VISITING COMMITTEE. 

Section 10(h)(1) of the National Institute of Standards and 

Technology Act (15 U.S.C. 278(h)(1)) is amended— 

(1) by striking ‘‘on or before January 31 in each year’’ 

and inserting ‘‘not later than 30 days after the submittal to 

Congress of the President’s annual budget request in each 

year’’; and 

(2) by adding to the end the following: ‘‘Such report also 

shall comment on the programmatic planning document and 

updates thereto submitted to Congress by the Director under 

subsections (c) and (d) of section 23.’’. 

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

Section 10(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278(d)) is amended by striking ‘‘quarterly’’ 

and inserting ‘‘twice each year’’. 

SEC. 3007. COLLABORATIVE MANUFACTURING RESEARCH PILOT 

GRANTS. 

The National Institute of Standards and Technology Act is 

amended— 

(1) by redesignating the first section 32 (15 U.S.C. 271 

note) as section 34 and moving it to the end of the Act; and 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 591 

(2) by inserting before the section moved by paragraph 

(1) the following new section: 

‘‘SEC. 33. COLLABORATIVE MANUFACTURING RESEARCH PILOT 

GRANTS. 

‘‘(a) AUTHORITY.— ‘‘(1) ESTABLISHMENT.—The Director shall establish a pilot 

program of awards to partnerships among participants 

described in paragraph (2) for the purposes described in paragraph (3). Awards shall be made on a peer-reviewed, competitive basis. 

‘‘(2) PARTICIPANTS.—Such partnerships shall include at 

least— 

‘‘(A) 1 manufacturing industry partner; and 

‘‘(B) 1 nonindustry partner. 

‘‘(3) PURPOSE.—The purpose of the program under this 

section is to foster cost-shared collaborations among firms, educational institutions, research institutions, State agencies, and 

nonprofit organizations to encourage the development of innovative, multidisciplinary manufacturing technologies. Partnerships receiving awards under this section shall conduct applied 

research to develop new manufacturing processes, techniques, 

or materials that would contribute to improved performance, 

productivity, and competitiveness of United States manufacturing, and build lasting alliances among collaborators. 

‘‘(b) PROGRAM CONTRIBUTION.—Awards under this section shall 

provide for not more than one-third of the costs of a partnership. 

Not more than an additional one-third of such costs may be obtained 

directly or indirectly from other Federal sources. 

‘‘(c) APPLICATIONS.—Applications for awards under this section 

shall be submitted in such manner, at such time, and containing 

such information as the Director shall require. Such applications 

shall describe at a minimum— 

‘‘(1) how each partner will participate in developing and 

carrying out the research agenda of the partnership; 

‘‘(2) the research that the grant would fund; and 

‘‘(3) how the research to be funded with the award would 

contribute to improved performance, productivity, and competitiveness of the United States manufacturing industry. 

‘‘(d) SELECTION CRITERIA.—In selecting applications for awards 

under this section, the Director shall consider at a minimum— 

‘‘(1) the degree to which projects will have a broad impact 

on manufacturing; 

‘‘(2) the novelty and scientific and technical merit of the 

proposed projects; and 

‘‘(3) the demonstrated capabilities of the applicants to 

successfully carry out the proposed research. 

‘‘(e) DISTRIBUTION.—In selecting applications under this section 

the Director shall ensure, to the extent practicable, a distribution 

of overall awards among a variety of manufacturing industry sectors 

and a range of firm sizes. 

‘‘(f) DURATION.—In carrying out this section, the Director shall 

run a single pilot competition to solicit and make awards. Each 

award shall be for a 3-year period.’’. 

SEC. 3008. MANUFACTURING FELLOWSHIP PROGRAM. 

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

15 USC 278r. 

121 STAT. 592 PUBLIC LAW 110–69—AUG. 9, 2007 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Director 

is authorized’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) MANUFACTURING FELLOWSHIP PROGRAM.— 

‘‘(1) ESTABLISHMENT.—To promote the development of a 

robust research community working at the leading edge of 

manufacturing sciences, the Director shall establish a program 

to award— 

‘‘(A) postdoctoral research fellowships at the Institute 

for research activities related to manufacturing sciences; 

and 

‘‘(B) senior research fellowships to established 

researchers in industry or at institutions of higher education who wish to pursue studies related to the manufacturing sciences at the Institute. 

‘‘(2) APPLICATIONS.—To be eligible for an award under this 

subsection, an individual shall submit an application to the 

Director at such time, in such manner, and containing such 

information as the Director may require. 

‘‘(3) STIPEND LEVELS.—Under this subsection, the Director 

shall provide stipends for postdoctoral research fellowships at 

a level consistent with the National Institute of Standards 

and Technology Postdoctoral Research Fellowship Program, and 

senior research fellowships at levels consistent with support 

for a faculty member in a sabbatical position.’’. 

SEC. 3009. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES. 

(a) IN GENERAL.—The Director of the National Institute of 

Standards and Technology may procure the temporary or intermittent services of experts or consultants (or organizations thereof) 

in accordance with section 3109(b) of title 5, United States Code, 

to assist with urgent or short-term research projects. 

(b) EXTENT OF AUTHORITY.—A procurement under this section 

may not exceed 1 year in duration, and the Director shall procure 

no more than 200 experts and consultants per year. 

(c) SUNSET.—This section shall cease to be effective after September 30, 2010. 

(d) REPORT TO CONGRESS.—Not later than 2 years after the 

date of the enactment of this Act, the Comptroller General shall 

submit to the Committee on Science and Technology of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on whether additional safeguards would be needed with respect to the use of authorities 

granted under this section if such authorities were to be made 

permanent. 

SEC. 3010. MALCOLM BALDRIGE AWARDS. 

Section 17(c)(3) of the Stevenson-Wydler Technology Innovation 

Act of 1980 (15 U.S.C. 3711a(c)(3)) is amended to read as follows: 

‘‘(3) In any year, not more than 18 awards may be made 

under this section to recipients who have not previously received 

an award under this section, and no award shall be made within 

any category described in paragraph (1) if there are no qualifying 

enterprises in that category.’’. 

15 USC 275 note. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 593 

SEC. 3011. REPORT ON NATIONAL INSTITUTE OF STANDARDS AND 

TECHNOLOGY EFFORTS TO RECRUIT AND RETAIN EARLY 

CAREER SCIENCE AND ENGINEERING RESEARCHERS. 

Not later than 3 months after the date of the enactment of 

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

Technology shall submit to the Committee on Science and Technology of the House of Representatives and to the Committee on 

Commerce, Science, and Transportation of the Senate a report 

on efforts to recruit and retain young scientists and engineers 

at the early stages of their careers at the National Institute of 

Standards and Technology laboratories and joint institutes. The 

report shall include— 

(1) a description of National Institute of Standards and 

Technology policies and procedures, including financial incentives, awards, promotions, time set aside for independent 

research, access to equipment or facilities, and other forms 

of recognition, designed to attract and retain young scientists 

and engineers; 

(2) an evaluation of the impact of these incentives on 

the careers of young scientists and engineers at the National 

Institute of Standards and Technology, and also on the quality 

of the research at the National Institute of Standards and 

Technology’s laboratories and in the National Institute of 

Standards and Technology’s programs; 

(3) a description of what barriers, if any, exist to efforts 

to recruit and retain young scientists and engineers, including 

limited availability of full time equivalent positions, legal and 

procedural requirements, and pay grading systems; and 

(4) the amount of funding devoted to efforts to recruit 

and retain young researchers and the source of such funds. 

SEC. 3012. TECHNOLOGY INNOVATION PROGRAM. 

(a) REPEAL OF ADVANCED TECHNOLOGY PROGRAM.—Section 28 

of the National Institute of Standards and Technology Act (15 

U.S.C. 278n) is repealed. 

(b) ESTABLISHMENT OF TECHNOLOGY INNOVATION PROGRAM.— 

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

271 et seq.) is amended by inserting after section 27 the following: 

‘‘SEC. 28. TECHNOLOGY INNOVATION PROGRAM. 

‘‘(a) ESTABLISHMENT.—There is established within the Institute 

a program linked to the purpose and functions of the Institute, 

to be known as the ‘Technology Innovation Program’ for the purpose 

of assisting United States businesses and institutions of higher 

education or other organizations, such as national laboratories and 

nonprofit research institutions, to support, promote, and accelerate 

innovation in the United States through high-risk, high-reward 

research in areas of critical national need. 

‘‘(b) EXTERNAL FUNDING.— 

‘‘(1) IN GENERAL.—The Director shall award competitive, 

merit-reviewed grants, cooperative agreements, or contracts 

to— 

‘‘(A) eligible companies that are small-sized businesses 

or medium-sized businesses; or 

‘‘(B) joint ventures. 

‘‘(2) SINGLE COMPANY AWARDS.—No award given to a single company shall exceed $3,000,000 over 3 years. 

15 USC 278n. 

121 STAT. 594 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(3) JOINT VENTURE AWARDS.—No award given to a joint 

venture shall exceed $9,000,000 over 5 years. 

‘‘(4) FEDERAL COST SHARE.—The Federal share of a project 

funded by an award under the program shall not be more 

than 50 percent of total project costs. 

‘‘(5) PROHIBITIONS.—Federal funds awarded under this program may be used only for direct costs and not for indirect 

costs, profits, or management fees of a contractor. Any business 

that is not a small-sized or medium-sized business may not 

receive any funding under this program. 

‘‘(c) AWARD CRITERIA.—The Director shall only provide assistance under this section to an entity— 

‘‘(1) whose proposal has scientific and technical merit and 

may result in intellectual property vesting in a United States 

entity that can commercialize the technology in a timely 

manner; 

‘‘(2) whose application establishes that the proposed technology has strong potential to address critical national needs 

through transforming the Nation’s capacity to deal with major 

societal challenges that are not currently being addressed, and 

generate substantial benefits to the Nation that extend significantly beyond the direct return to the applicant; 

‘‘(3) whose application establishes that the research has 

strong potential for advancing the state-of-the-art and contributing significantly to the United States science and technology 

knowledge base; 

‘‘(4) whose proposal explains why Technology Innovation 

Program support is necessary, including evidence that the 

research will not be conducted within a reasonable time period 

in the absence of financial assistance under this section; 

‘‘(5) whose application demonstrates that reasonable efforts 

have been made to secure funding from alternative funding 

sources and no other alternative funding sources are reasonably 

available to support the proposal; and 

‘‘(6) whose application explains the novelty of the technology and demonstrates that other entities have not already 

developed, commercialized, marketed, distributed, or sold 

similar technologies. 

‘‘(d) COMPETITIONS.—The Director shall solicit proposals at least 

annually to address areas of critical national need for high-risk, 

high-reward projects. 

‘‘(e) INTELLECTUAL PROPERTY RIGHTS OWNERSHIP.— 

‘‘(1) IN GENERAL.—Title to any intellectual property developed by a joint venture from assistance provided under this 

section may vest in any participant in the joint venture, as 

agreed by the members of the joint venture, notwithstanding 

section 202 (a) and (b) of title 35, United States Code. The 

United States may reserve a nonexclusive, nontransferable, 

irrevocable paid-up license, to have practice for or on behalf 

of the United States in connection with any such intellectual 

property, but shall not in the exercise of such license publicly 

disclose proprietary information related to the license. Title 

to any such intellectual property shall not be transferred or 

passed, except to a participant in the joint venture, until the 

expiration of the first patent obtained in connection with such 

intellectual property. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 595 

‘‘(2) LICENSING.—Nothing in this subsection shall be construed to prohibit the licensing to any company of intellectual 

property rights arising from assistance provided under this 

section. 

‘‘(3) DEFINITION.—For purposes of this subsection, the term 

‘intellectual property’ means an invention patentable under 

title 35, United States Code, or any patent on such an invention, 

or any work for which copyright protection is available under 

title 17, United States Code. 

‘‘(f) PROGRAM OPERATION.—Not later than 9 months after the 

date of the enactment of this section, the Director shall promulgate 

regulations— 

‘‘(1) establishing criteria for the selection of recipients of 

assistance under this section; 

‘‘(2) establishing procedures regarding financial reporting 

and auditing to ensure that awards are used for the purposes 

specified in this section, are in accordance with sound 

accounting practices, and are not funding existing or planned 

research programs that would be conducted within a reasonable 

time period in the absence of financial assistance under this 

section; and 

‘‘(3) providing for appropriate dissemination of Technology 

Innovation Program research results. 

‘‘(g) ANNUAL REPORT.—The Director shall submit annually to 

the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Science and Technology of the House 

of Representatives a report describing the Technology Innovation 

Program’s activities, including a description of the metrics upon 

which award funding decisions were made in the previous fiscal 

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

the success of ongoing and completed awards, and an evaluation 

of ongoing and completed awards. The first annual report shall 

include best practices for management of programs to stimulate 

high-risk, high-reward research. 

‘‘(h) CONTINUATION OF ATP GRANTS.—The Director shall, 

through the Technology Innovation Program, continue to provide 

support originally awarded under the Advanced Technology Program, in accordance with the terms of the original award and 

consistent with the goals of the Technology Innovation Program. 

‘‘(i) COORDINATION WITH OTHER STATE AND FEDERAL TECHNOLOGY PROGRAMS.—In carrying out this section, the Director shall, 

as appropriate, coordinate with other senior State and Federal 

officials to ensure cooperation and coordination in State and Federal 

technology programs and to avoid unnecessary duplication of efforts. 

‘‘(j) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL AGENCIES.— 

In addition to amounts appropriated to carry out this section, the 

Secretary and the Director may accept funds from other Federal 

agencies to support awards under the Technology Innovation Program. Any award under this section which is supported with funds 

from other Federal agencies shall be selected and carried out 

according to the provisions of this section. Funds accepted from 

other Federal agencies shall be included as part of the Federal 

cost share of any project funded under this section. 

‘‘(k) TIP ADVISORY BOARD.— 

‘‘(1) ESTABLISHMENT.—There is established within the 

Institute a TIP Advisory Board. 

‘‘(2) MEMBERSHIP.— 

Deadline. 

Regulations. 

121 STAT. 596 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(A) IN GENERAL.—The TIP Advisory Board shall consist of 10 members appointed by the Director, at least 

7 of whom shall be from United States industry, chosen 

to reflect the wide diversity of technical disciplines and 

industrial sectors represented in Technology Innovation 

Program projects. No member shall be an employee of 

the Federal Government. 

‘‘(B) TERM.—Except as provided in subparagraph (C) 

or (D), the term of office of each member of the TIP 

Advisory Board shall be 3 years. 

‘‘(C) CLASSES.—The original members of the TIP 

Advisory Board shall be appointed to 3 classes. One class 

of 3 members shall have an initial term of 1 year, one 

class of 3 members shall have an initial term of 2 years, 

and one class of 4 members shall have an initial term 

of 3 years. 

‘‘(D) VACANCIES.—Any member appointed to fill a 

vacancy occurring prior to the expiration of the term for 

which his predecessor was appointed shall be appointed 

for the remainder of such term. 

‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who 

has completed 2 consecutive full terms of service on the 

TIP Advisory Board shall thereafter be ineligible for 

appointment during the 1-year period following the expiration of the second such term. 

‘‘(3) PURPOSE.—The TIP Advisory Board shall meet not 

less than 2 times annually, and provide the Director— 

‘‘(A) advice on programs, plans, and policies of the 

Technology Innovation Program; 

‘‘(B) reviews of the Technology Innovation Program’s 

efforts to accelerate the research and development of challenging, high-risk, high-reward technologies in areas of 

critical national need; 

‘‘(C) reports on the general health of the program and 

its effectiveness in achieving its legislatively mandated mission; and 

‘‘(D) guidance on investment areas that are appropriate 

for Technology Innovation Program funding; 

‘‘(4) ADVISORY CAPACITY.—In discharging its duties under 

this subsection, the TIP Advisory Board shall function solely 

in an advisory capacity, in accordance with the Federal 

Advisory Committee Act. 

‘‘(5) ANNUAL REPORT.—The TIP Advisory Board shall 

transmit an annual report to the Secretary for transmittal 

to the Congress not later than 30 days after the submission 

to Congress of the President’s annual budget request in each 

year. Such report shall address the status of the Technology 

Innovation Program and comment on the relevant sections 

of the programmatic planning document and updates thereto 

transmitted to Congress by the Director under subsections (c) 

and (d) of section 23. 

‘‘(l) DEFINITIONS.—In this section— 

‘‘(1) the term ‘eligible company’ means a small-sized or 

medium-sized business that is incorporated in the United States 

and does a majority of its business in the United States, and 

that either— 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 597 

‘‘(A) is majority owned by citizens of the United States; 

or 

‘‘(B) is owned by a parent company incorporated in 

another country and the Director finds that— 

‘‘(i) the company’s participation in the Technology 

Innovation Program would be in the economic interest 

of the United States, as evidenced by— 

‘‘(I) investments in the United States in 

research and manufacturing; 

‘‘(II) significant contributions to employment 

in the United States; and 

‘‘(III) agreement with respect to any technology arising from assistance provided under this 

section to promote the manufacture within the 

United States of products resulting from that technology; and 

‘‘(ii) the company is incorporated in a country 

which— 

‘‘(I) affords to United States-owned companies 

opportunities, comparable to those afforded to any 

other company, to participate in any joint venture 

similar to those receiving funding under this section; 

‘‘(II) affords to United States-owned companies 

local investment opportunities comparable to those 

afforded any other company; and 

‘‘(III) affords adequate and effective protection 

for intellectual property rights of United Statesowned companies; 

‘‘(2) the term ‘high-risk, high-reward research’ means 

research that— 

‘‘(A) has the potential for yielding transformational 

results with far-ranging or wide-ranging implications; 

‘‘(B) addresses critical national needs within the 

National Institute of Standards and Technology’s areas 

of technical competence; and 

‘‘(C) is too novel or spans too diverse a range of disciplines to fare well in the traditional peer-review process; 

‘‘(3) the term ‘institution of higher education’ has the 

meaning given that term in section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001); 

‘‘(4) the term ‘joint venture’ means a joint venture that— 

‘‘(A) includes either— 

‘‘(i) at least 2 separately owned for-profit companies that are both substantially involved in the project 

and both of which are contributing to the cost-sharing 

required under this section, with the lead entity of 

the joint venture being one of those companies that 

is a small-sized or medium-sized business; or 

‘‘(ii) at least 1 small-sized or medium-sized business and 1 institution of higher education or other 

organization, such as a national laboratory or nonprofit 

research institute, that are both substantially involved 

in the project and both of which are contributing to 

the cost-sharing required under this section, with the 

lead entity of the joint venture being either that smallVerDate Aug 31 2005 07:35 Aug 22, 2007 Jkt 059139 PO 00069 Frm 00027 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL069.110 APPS06 PsN: PUBL069
121 STAT. 598 PUBLIC LAW 110–69—AUG. 9, 2007 

sized or medium-sized business or that institution of 

higher education; and 

‘‘(B) may include additional for-profit companies, 

institutions of higher education, and other organizations, 

such as national laboratories and nonprofit research 

institutes, that may or may not contribute non-Federal 

funds to the project; and 

‘‘(5) the term ‘TIP Advisory Board’ means the advisory 

board established under subsection (k).’’. 

(c) TRANSITION.—Notwithstanding the repeal made by subsection (a), the Director shall carry out section 28 of the National 

Institute of Standards and Technology Act (15 U.S.C. 278n) as 

such section was in effect on the day before the date of the enactment of this Act, with respect to applications for grants under 

such section submitted before such date, until the earlier of— 

(1) the date that the Director promulgates the regulations 

required under section 28(f) of the National Institute of Standards and Technology Act, as added by subsection (b); or 

(2) December 31, 2007. 

SEC. 3013. TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE 

OF STANDARDS AND TECHNOLOGY ACT AND OTHER 

TECHNICAL AMENDMENTS. 

(a) RESEARCH FELLOWSHIPS.—Section 18 of the National 

Institute of Standards and Technology Act (15 U.S.C. 278g–l) is 

amended by striking ‘‘up to 1 per centum of the’’ and inserting 

‘‘up to 1.5 percent of the’’. 

(b) FINANCIAL AGREEMENTS CLARIFICATION.—Section 2(b)(4) of 

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

272(b)(4)) is amended by inserting ‘‘and grants and cooperative 

agreements,’’ after ‘‘arrangements,’’. 

(c) OUTDATED SPECIFICATIONS.— 

(1) REDEFINITION OF THE METRIC SYSTEM.—Section 3570 

of the Revised Statutes of the United States (derived from 

section 2 of the Act of July 28, 1866, entitled ‘‘An Act to 

authorize the Use of the Metric System of Weights and Measures’’ (15 U.S.C. 205; 14 Stat. 339)) is amended to read as 

follows: 

‘‘SEC. 3570. METRIC SYSTEM DEFINED. 

‘‘The metric system of measurement shall be defined as the 

International System of Units as established in 1960, and subsequently maintained, by the General Conference of Weights and 

Measures, and as interpreted or modified for the United States 

by the Secretary of Commerce.’’. 

(2) REPEAL OF REDUNDANT AND OBSOLETE AUTHORITY.— 

The Act of July 21, 1950, entitled, ‘‘An Act To redefine the 

units and establish the standards of electrical and photometric 

measurements.’’ (15 U.S.C. 223 and 224) is hereby repealed. 

(3) STANDARD TIME.—Section 1 of the Act of March 19, 

1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 261) 

is amended— 

(A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘For the 

purpose’’; 

(B) by striking the second sentence and the extra period 

after it and inserting ‘‘Except as provided in section 3(a) 

of the Uniform Time Act of 1966 (15 U.S.C. 260a), the 

15 USC 205. 

15 USC 278n 

note. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 599 

standard time of the first zone shall be Coordinated Universal Time retarded by 4 hours; that of the second zone 

retarded by 5 hours; that of the third zone retarded by 

6 hours; that of the fourth zone retarded by 7 hours; 

that of the fifth zone retarded 8 hours; that of the sixth 

zone retarded by 9 hours; that of the seventh zone retarded 

by 10 hours; that of the eighth zone retarded by 11 hours; 

and that of the ninth zone shall be Coordinated Universal 

Time advanced by 10 hours.’’; and 

(C) by adding at the end the following: 

‘‘(b) COORDINATED UNIVERSAL TIME DEFINED.—In this section, 

the term ‘Coordinated Universal Time’ means the time scale maintained through the General Conference of Weights and Measures 

and interpreted or modified for the United States by the Secretary 

of Commerce in coordination with the Secretary of the Navy.’’. 

(4) IDAHO TIME ZONE.—Section 3 of the Act of March 19, 

1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 264) 

is amended by striking ‘‘third zone’’ and inserting ‘‘fourth zone’’. 

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

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

278m) is repealed. 

SEC. 3014. RETENTION OF DEPRECIATION SURCHARGE. 

Section 14 of the National Institute of Standards and Technology Act (15 U.S.C. 278d) is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Within’’; and 

(2) by adding at the end the following: 

‘‘(b) RETENTION OF FEES.—The Director is authorized to retain 

all building use and depreciation surcharge fees collected pursuant 

to OMB Circular A–25. Such fees shall be collected and credited 

to the Construction of Research Facilities Appropriation Account 

for use in maintenance and repair of the Institute’s existing facilities.’’. 

SEC. 3015. POST-DOCTORAL FELLOWS. 

Section 19 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–2) is amended by striking ‘‘nor more 

than 60 new fellows’’ and inserting ‘‘nor more than 120 new fellows’’. 

TITLE IV—OCEAN AND ATMOSPHERIC 

PROGRAMS 

SEC. 4001. OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT 

PROGRAM. 

The Administrator of the National Oceanic and Atmospheric 

Administration, in consultation with the Director of the National 

Science Foundation and the Administrator of the National Aeronautics and Space Administration, shall establish a coordinated 

program of ocean, coastal, Great Lakes, and atmospheric research 

and development, in collaboration with academic institutions and 

other nongovernmental entities, that shall focus on the development 

of advanced technologies and analytical methods that will promote 

United States leadership in ocean and atmospheric science and 

competitiveness in the applied uses of such knowledge. 

33 USC 893. 

121 STAT. 600 PUBLIC LAW 110–69—AUG. 9, 2007 

SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION 

PROGRAMS. 

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

and Atmospheric Administration shall conduct, develop, support, 

promote, and coordinate formal and informal educational activities 

at all levels to enhance public awareness and understanding of 

ocean, coastal, Great Lakes, and atmospheric science and stewardship by the general public and other coastal stakeholders, including 

underrepresented groups in ocean and atmospheric science and 

policy careers. In conducting those activities, the Administrator 

shall build upon the educational programs and activities of the 

agency. 

(b) NOAA SCIENCE EDUCATION PLAN.—The Administrator, 

appropriate National Oceanic and Atmospheric Administration programs, ocean atmospheric science and education experts, and 

interested members of the public shall develop a science education 

plan setting forth education goals and strategies for the Administration, as well as programmatic actions to carry out such goals and 

priorities over the next 20 years, and evaluate and update such 

plan every 5 years. 

(c) CONSTRUCTION.—Nothing in this section may be construed 

to affect the application of section 438 of the General Education 

Provisions Act (20 U.S.C. 1232a) or sections 504 and 508 of the 

Rehabilitation Act of 1973 (29 U.S.C. 794 and 794d). 

SEC. 4003. NOAA’S CONTRIBUTION TO INNOVATION. 

(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The National 

Oceanic and Atmospheric Administration shall be a full participant 

in any interagency effort to promote innovation and economic 

competitiveness through near-term and long-term basic scientific 

research and development and the promotion of science, technology, 

engineering, and mathematics education, consistent with the agency 

mission, including authorized activities. 

(b) HISTORIC FOUNDATION.—In order to carry out the participation described in subsection (a), the Administrator of the National 

Oceanic and Atmospheric Administration shall build on the historic 

role of the National Oceanic and Atmospheric Administration in 

stimulating excellence in the advancement of ocean and atmospheric 

science and engineering disciplines and in providing opportunities 

and incentives for the pursuit of academic studies in science, technology, engineering, and mathematics. 

TITLE V—DEPARTMENT OF ENERGY 

SEC. 5001. SHORT TITLE. 

This title may be cited as the ‘‘Protecting America’s Competitive 

Edge Through Energy Act’’ or the ‘‘PACE–Energy Act’’. 

SEC. 5002. DEFINITIONS. 

In this title: 

(1) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Energy. 

(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term 

in section 101(a) of the Higher Education Act of 1965 (20 

U.S.C. 1001(a)). 

42 USC 16531. 

Protecting 

America’s 

Competitive Edge 

Through Energy 

Act. 

42 USC 15801 

note. 

33 USC 893b. 

33 USC 893a. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 601 

(3) NATIONAL LABORATORY.—The term ‘‘National Laboratory’’ has the meaning given the term in section 2 of the 

Energy Policy Act of 2005 (42 U.S.C. 15801). 

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

of Energy. 

SEC. 5003. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION 

AT THE DEPARTMENT OF ENERGY. 

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

Department of Energy Science Education Enhancement Act (42 

U.S.C. 7381a) is amended— 

(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (f), respectively; 

(2) by inserting after subsection (a) the following: 

‘‘(b) ORGANIZATION OF SCIENCE, ENGINEERING, AND MATHE- MATICS EDUCATION PROGRAMS.— ‘‘(1) DIRECTOR OF SCIENCE, ENGINEERING, AND MATHEMATICS

EDUCATION.—Notwithstanding any other provision of law, the 

Secretary, acting through the Under Secretary for Science 

(referred to in this subsection as the ‘Under Secretary’), shall 

appoint a Director of Science, Engineering, and Mathematics 

Education (referred to in this subsection as the ‘Director’) with 

the principal responsibility for administering science, 

engineering, and mathematics education programs across all 

functions of the Department. 

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

who by reason of professional background and experience, is 

specially qualified to advise the Under Secretary on all matters 

pertaining to science, engineering, and mathematics education 

at the Department. 

‘‘(3) DUTIES.—The Director shall— 

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

education programs of the Department; 

‘‘(B) represent the Department as the principal interagency liaison for all science, engineering, and mathematics 

education programs, unless otherwise represented by the 

Secretary or the Under Secretary; 

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

Secretary on all budgetary issues for science, engineering, 

and mathematics education programs of the Department; 

‘‘(D) increase, to the maximum extent practicable, the 

participation and advancement of women and underrepresented minorities at every level of science, technology, 

engineering, and mathematics education; and 

‘‘(E) perform other such matters relating to science, 

engineering, and mathematics education as are required 

by the Secretary or the Under Secretary. 

‘‘(4) STAFF AND OTHER RESOURCES.—The Secretary shall 

assign to the Director such personnel and other resources as 

the Secretary considers necessary to permit the Director to 

carry out the duties of the Director. 

‘‘(5) ASSESSMENT.— 

‘‘(A) IN GENERAL.—The Secretary shall offer to enter 

into a contract with the National Academy of Sciences 

under which the National Academy, not later than 5 years 

after, and not later than 10 years after, the date of enactment of this paragraph, shall assess the performance of 

Contracts. 

Deadlines. 

Budget. 

121 STAT. 602 PUBLIC LAW 110–69—AUG. 9, 2007 

the science, engineering, and mathematics education programs of the Department. 

‘‘(B) CONSIDERATIONS.—An assessment under this 

paragraph shall be conducted taking into consideration, 

where applicable, the effect of science, engineering, and 

mathematics education programs of the Department on 

student academic achievement in science and mathematics. 

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated such sums as are necessary to 

carry out this subsection.’’; and 

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

(1)) and inserting the following: 

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

FUND.—The Secretary shall establish a Science, Engineering, and 

Mathematics Education Fund, using not less than 0.3 percent of 

the amount made available to the Department for research, development, demonstration, and commercial application for each fiscal 

year, to carry out sections 3165, 3166, and 3167. 

‘‘(e) ANNUAL PLAN FOR ALLOCATION OF EDUCATION FUNDING.— 

The Secretary shall submit to Congress as part of the annual 

budget submission for a fiscal year a report describing the manner 

in which the Department has complied with subsection (d) for 

the prior fiscal year and the manner in which the Department 

proposes to comply with subsection (d) during the following fiscal 

year, including— 

‘‘(1) the total amount of funding for research, development, 

demonstration, and commercial application activities for the 

corresponding fiscal year; 

‘‘(2) the amounts set aside for the Science, Engineering, 

and Mathematics Education Fund under subsection (d) from 

funding for research activities, development activities, demonstration activities, and commercial application activities for 

the corresponding fiscal year; and 

‘‘(3) a description of how the funds set aside under subsection (d) were allocated for the prior fiscal year and will 

be allocated for the following fiscal year.’’. 

(b) CONSULTATION.—The Secretary shall— 

(1) consult with the Secretary of Education and the Director 

of the National Science Foundation regarding activities authorized under subpart B of the Department of Energy Science 

Education Enhancement Act (as added by subsection (d)(3)) 

to improve science and mathematics education; and 

(2) otherwise make available to the Secretary of Education 

reports associated with programs authorized under that section. 

(c) DEFINITION.—Section 3168 of the Department of Energy 

Science Education Enhancement Act (42 U.S.C. 7381d) is amended 

by adding at the end the following: 

‘‘(5) NATIONAL LABORATORY.—The term ‘National Laboratory’ has the meaning given the term in section 2 of the Energy 

Policy Act of 2005 (42 U.S.C. 15801).’’. 

(d) SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION PROGRAMS.—The Department of Energy Science Education Enhancement Act (42 U.S.C. 7381 et seq.) is amended— 

(1) by inserting after section 3162 (42 U.S.C. 7381) the 

following: 

42 USC 7381g 

note. 

Reports. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 603 

‘‘Subpart A—Science Education Enhancement’’; 

(2) in section 3169 (42 U.S.C. 7381e), by striking ‘‘part’’ 

and inserting ‘‘subpart’’; and 

(3) by adding at the end the following: 

‘‘Subpart B—Science, Engineering, and 

Mathematics Education Programs 

‘‘SEC. 3170. DEFINITIONS. 

‘‘In this subpart: 

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

of Science, Engineering, and Mathematics Education. 

‘‘(2) NATIONAL LABORATORY.—The term ‘National Laboratory’ has the meaning given the term in section 2 of the Energy 

Policy Act of 2005 (42 U.S.C. 15801). 

‘‘CHAPTER 1—PILOT PROGRAM OF GRANTS TO 

SPECIALTY SCHOOLS FOR SCIENCE AND MATHEMATICS 

‘‘SEC. 3171. PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR 

SCIENCE AND MATHEMATICS. 

‘‘(a) PURPOSE.—The purpose of this section is to establish a 

pilot program of grants to States to help establish or expand public, 

statewide specialty secondary schools that provide comprehensive 

science and mathematics (including technology and engineering) 

education to improve the academic achievement of students in 

science and mathematics. 

‘‘(b) DEFINITION OF SPECIALTY SCHOOL FOR SCIENCE AND

MATHEMATICS.—In this chapter, the term ‘specialty school for 

science and mathematics’ means a public secondary school 

(including a school that provides residential services to students) 

that— 

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

school is located; and 

‘‘(2) offers to those students a high-quality, comprehensive 

science and mathematics (including technology and 

engineering) curriculum designed to improve the academic 

achievement of students in science and mathematics. 

‘‘(c) PILOT PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—From the amounts authorized under subsection (i), the Secretary, acting through the Director and in 

consultation with the Director of the National Science Foundation, shall award grants, on a competitive basis, to States 

in order to provide assistance to the States for the costs of 

establishing or expanding public, statewide specialty schools 

for science and mathematics. 

‘‘(2) RESOURCES.—The Director shall ensure that appropriate resources of the Department, including the National 

Laboratories, are available to schools funded under this section 

in order to— 

‘‘(A) increase experiential, hands-on learning 

opportunities in science, technology, engineering, and 

mathematics for students attending such schools; and 

‘‘(B) provide ongoing professional development 

opportunities for teachers employed at such schools. 

42 USC 7381h. 

Intergovernmental 

relations. 

42 USC 7381g. 

121 STAT. 604 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(3) ASSISTANCE.—Consistent with sections 3165 and 3166, 

the Director shall make available from funds authorized in 

this section to carry out a program using scientific and 

engineering staff of the National Laboratories, during which 

the staff— 

‘‘(A) assists teachers in teaching courses at the schools 

funded under this section; 

‘‘(B) uses National Laboratory scientific equipment in 

teaching the courses; and 

‘‘(C) uses distance education and other technologies 

to provide assistance described in subparagraphs (A) and 

(B) to schools funded under this section that are not located 

near the National Laboratories. 

‘‘(4) RESTRICTIONS.— 

‘‘(A) MAXIMUM NUMBER OF FUNDED SPECIALTY SCHOOLS

PER STATE.—No State shall receive funding for more than 

1 specialty school for science and mathematics for a fiscal 

year. 

‘‘(B) MAXIMUM AMOUNT AND DURATION OF GRANTS.— 

A grant awarded to a State for a specialty school for science 

and mathematics under this section— 

‘‘(i) shall not exceed $2,000,000 for a fiscal year; 

and 

‘‘(ii) shall not be provided for more than 3 fiscal 

years. 

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

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

described in subsection (c)(1) shall not exceed 33 percent. 

‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of the 

costs described in subsection (c)(1) shall be— 

‘‘(A) not less than 67 percent; and 

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

in kind, fairly evaluated, including services. 

‘‘(e) APPLICATION.—To be eligible to receive a grant under this 

section, a State shall submit to the Director an application at 

such time, in such manner, and containing such information as 

the Director may require that describes— 

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

the State will select and designate a school as a specialty 

school for science and mathematics in accordance with this 

section; 

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

under this section are used to establish or expand a specialty 

school for science and mathematics— 

‘‘(A) in accordance with the activities described in subsection (g); and 

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

achievement of all students in all core academic subjects, 

and particularly in science and mathematics; 

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

school increases student academic achievement on State academic achievement standards in science, mathematics, and, 

to the maximum extent applicable, technology and engineering; 

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

‘‘(5) the availability of funds from non-Federal sources for 

the costs of the activities authorized under this section; and 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 605 

‘‘(6) how the State will use technical assistance and support 

from the Department, including the National Laboratories, and 

other entities with experience and expertise in science, technology, engineering, and mathematics education, including 

institutions of higher education. 

‘‘(f) DISTRIBUTION.—In awarding grants under this section, the 

Director shall— 

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

that propose to serve students from urban and rural areas; 

and 

‘‘(2) provide equal consideration to States without National 

Laboratories. 

‘‘(g) USES OF FUNDS.— ‘‘(1) REQUIREMENT.—A State that receives a grant under 

this section shall use the funds made available through the 

grant to— 

‘‘(A) employ proven strategies and methods for 

improving student learning and teaching in science, technology, engineering, and mathematics; 

‘‘(B) integrate into the curriculum of the school comprehensive science and mathematics education, including 

instruction and assessments in science, mathematics, and 

to the extent applicable, technology and engineering that 

are aligned with the academic content and student academic achievement standards of the State, within the 

meaning of section 1111 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311); 

‘‘(C) create opportunities for enhanced and ongoing 

professional development for teachers that improves the 

science, technology, engineering, and mathematics content 

knowledge of the teachers; and 

‘‘(D) design and implement hands-on laboratory experiences to help prepare students to pursue postsecondary 

studies in science, technology, engineering, and mathematics fields. 

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

be used for activities described in paragraph (1) only if the 

activities are directly relating to improving student academic 

achievement in science, mathematics, and to the extent 

applicable, technology and engineering. 

‘‘(h) EVALUATION AND REPORT.— 

‘‘(1) STATE EVALUATION AND REPORT.— 

‘‘(A) EVALUATION.—Each State that receives a grant 

under this section shall develop and carry out an evaluation 

and accountability plan for the activities funded through 

the grant that measures the impact of the activities, 

including measurable objectives for improved student academic achievement on State science, mathematics, and, 

to the maximum extent applicable, technology and 

engineering assessments. 

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

a report containing the results of the evaluation and 

accountability plan. 

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

the date of enactment of the PACE–Energy Act, the Director 

shall submit a report detailing the impact of the activities 

assisted with funds made available under this section to— 

121 STAT. 606 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(A) the Committee on Science and Technology of the 

House of Representatives; 

‘‘(B) the Committee on Energy and Natural Resources 

of the Senate; and 

‘‘(C) the Committee on Health, Education, Labor, and 

Pensions of the Senate. 

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

to be appropriated to carry out this section— 

‘‘(1) $14,000,000 for fiscal year 2008; 

‘‘(2) $22,500,000 for fiscal year 2009; and 

‘‘(3) $30,000,000 for fiscal year 2010. 

‘‘CHAPTER 2—EXPERIENTIAL-BASED LEARNING 

OPPORTUNITIES 

‘‘SEC. 3175. EXPERIENTIAL-BASED LEARNING OPPORTUNITIES. 

‘‘(a) INTERNSHIPS AUTHORIZED.— 

‘‘(1) IN GENERAL.—From the amounts authorized under subsection (f), the Secretary, acting through the Director, shall 

establish a summer internship program for middle school and 

secondary school students that shall— 

‘‘(A) provide the students with internships at the 

National Laboratories; 

‘‘(B) promote experiential, hands-on learning in science, 

technology, engineering, or mathematics; and 

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

‘‘(2) RESIDENTIAL SERVICES.—The Director may provide 

residential services to students participating in the internship 

program authorized under paragraph (1). 

‘‘(b) SELECTION CRITERIA.— 

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

determine the sufficient level of academic preparedness necessary for a student to be eligible for an internship under 

this section. 

‘‘(2) PARTICIPATION.—The Director shall ensure the participation of students from a wide distribution of States, including 

States without National Laboratories. 

‘‘(3) STUDENT ACHIEVEMENT.—The Director may consider 

the academic achievement of middle and secondary school students in determining eligibility under this section, in accordance 

with paragraphs (1) and (2). 

‘‘(c) PRIORITY.— 

‘‘(1) IN GENERAL.—The Director shall give priority for an 

internship under this section to a student who meets the eligibility criteria described in subsection (b) and who attends a 

school— 

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

enrolled in the school are from low-income families; or 

‘‘(ii) that is designated with a school locale code of 

41, 42, or 43, as determined by the Secretary of Education; 

and 

‘‘(B) for which there is— 

‘‘(i) a high percentage of teachers who are not 

teaching in the academic subject areas or grade levels 

in which the teachers were trained to teach; 

‘‘(ii) a high teacher turnover rate; or 

42 USC 7381j. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 607 

‘‘(iii) a high percentage of teachers with emergency, 

provisional, or temporary certification or licenses. 

‘‘(2) COORDINATION.—The Director shall consult with the 

Secretary of Education in order to determine whether a student 

meets the priority requirements of this subsection. 

‘‘(d) OUTREACH AND EXPERIENTIAL-BASED PROGRAMS FOR

MINORITY STUDENTS.— 

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

Director, in cooperation with Hispanic-serving institutions, 

historically Black colleges and universities, tribally controlled 

colleges and universities, Alaska Native- and Native Hawaiianserving institutions, and other minority-serving institutions and 

nonprofit entities with substantial experience relating to outreach and experiential-based learning projects, shall establish 

outreach and experiential-based learning programs that will 

encourage underrepresented minority students in kindergarten 

through grade 12 to pursue careers in science, engineering, 

and mathematics. 

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

ensure that the programs established under paragraph (1) 

involve, to the maximum extent practicable— 

‘‘(A) participation by parents and educators; and 

‘‘(B) the establishment of partnerships with business 

organizations and appropriate Federal, State, and local 

agencies. 

‘‘(3) DISTRIBUTION.—The Secretary shall ensure that the 

programs established under paragraph (1) are located in diverse 

geographic regions of the United States, to the maximum extent 

practicable. 

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

shall develop an evaluation and accountability plan for the activities 

funded under this chapter that objectively measures the impact 

of the activities. 

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

to be appropriated to carry out this section $7,500,000 for each 

of fiscal years 2008 through 2010. 

‘‘CHAPTER 3—NATIONAL LABORATORIES CENTERS OF 

EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION 

‘‘SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN 

SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION. 

‘‘(a) DEFINITION OF HIGH-NEED PUBLIC SECONDARY SCHOOL.— 

In this section, the term ‘high-need public secondary school’ means 

a secondary school— 

‘‘(1) with a high concentration of low-income individuals 

(as defined in section 1707 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6537)); or 

‘‘(2) designated with a school locale code of 41, 42, or 

43, as determined by the Secretary of Education. 

‘‘(b) ESTABLISHMENT.—The Secretary shall establish at each 

of the National Laboratories a program to support a Center of 

Excellence in Science, Technology, Engineering, and Mathematics 

(referred to in this section as a ‘Center of Excellence’) in at least 

1 high-need public secondary school located in the region served 

42 USC 7381l. 

121 STAT. 608 PUBLIC LAW 110–69—AUG. 9, 2007 

by the National Laboratory to provide assistance in accordance 

with subsection (f). 

‘‘(c) COLLABORATION.— 

‘‘(1) IN GENERAL.—To comply with subsection (g), each highneed public secondary school selected as a Center of Excellence 

and the National Laboratory shall form a partnership with 

a school, department, or program of education at an institution 

of higher education. 

‘‘(2) NONPROFIT ENTITIES.—The partnership may include 

a nonprofit entity with demonstrated experience and effectiveness in science or mathematics, as agreed to by other members 

of the partnership. 

‘‘(d) SELECTION.— ‘‘(1) IN GENERAL.—The Secretary, acting through the 

Director, shall establish criteria to guide the National Laboratories in selecting the sites for Centers of Excellence. 

‘‘(2) PROCESS.—A National Laboratory shall select a site 

for a Center of Excellence through an open, widely-publicized, 

and competitive process. 

‘‘(e) GOALS.—The Secretary shall establish goals and performance assessments for each Center of Excellence authorized under 

subsection (b). 

‘‘(f) ASSISTANCE.—Consistent with sections 3165 and 3166, the 

Director shall make available necessary assistance for a program 

established under this section through the use of scientific and 

engineering staff of a National Laboratory, including the use of 

staff— 

‘‘(1) to assist teachers in teaching a course at a Center 

of Excellence in Science, Technology, Engineering, and Mathematics; and 

‘‘(2) to use National Laboratory scientific equipment in 

the teaching of the course. 

‘‘(g) SPECIAL RULES.—A Center of Excellence in a region shall 

ensure— 

‘‘(1) provision of clinical practicum, student teaching, or 

internship experiences for science, technology, and mathematics 

teacher candidates as part of the teacher preparation program 

of the Center of Excellence; 

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

candidates in the teacher preparation program; and 

‘‘(3) to the maximum extent practicable, provision of professional development for veteran teachers in the public secondary 

schools in the region. 

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

performance assessments required under subsection (e) in determining the contract award fee of a National Laboratory management and operations contractor. 

‘‘(i) PLAN.—The Director shall— 

‘‘(1) develop an evaluation and accountability plan for the 

activities funded under this section that objectively measures 

the impact of the activities; and 

‘‘(2) disseminate information obtained from those measurements. 

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

displaces or otherwise affects any similar program being carried 

out as of the date of enactment of this section at any National 

Laboratory under any other provision of law. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 609 

‘‘CHAPTER 4—SUMMER INSTITUTES 

‘‘SEC. 3185. SUMMER INSTITUTES. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE PARTNER.—The term ‘eligible partner’ 

means— 

‘‘(A) the science, engineering, or mathematics department at an institution of higher education, acting in 

coordination with a school, department, or program of education at an institution of higher education that provides 

training for teachers and principals; or 

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

professional development for science, technology, 

engineering, or mathematics teachers. 

‘‘(2) SUMMER INSTITUTE.—The term ‘summer institute’ 

means an institute, operated during the summer, that— 

‘‘(A) is hosted by a National Laboratory or an eligible 

partner; 

‘‘(B) is operated for a period of not less than 2 weeks; 

‘‘(C) includes, as a component, a program that provides 

direct interaction between students and faculty, including 

personnel of 1 or more National Laboratories who have 

scientific expertise; 

‘‘(D) provides for follow-up training, during the academic year, that is conducted in the classroom; and 

‘‘(E) provides hands-on science, technology, 

engineering, or mathematics laboratory experience for not 

less than 2 days. 

‘‘(b) SUMMER INSTITUTE PROGRAMS AUTHORIZED.— 

‘‘(1) PROGRAMS AT THE NATIONAL LABORATORIES.—The Secretary, acting through the Director, shall establish or expand 

programs of summer institutes at each of the National Laboratories to provide additional training to strengthen the science, 

technology, engineering, and mathematics teaching skills of 

teachers employed at public schools for kindergarten through 

grade 12, in accordance with the activities authorized under 

paragraphs (3) and (4). 

‘‘(2) PROGRAMS WITH ELIGIBLE PARTNERS.— 

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

Director, shall identify and provide assistance as described 

in subparagraph (C) to eligible partners to establish or 

expand programs of summer institutes that provide additional training to strengthen the science, technology, 

engineering, and mathematics teaching skills of teachers 

employed at public schools for kindergarten through grade 

12, in accordance with paragraphs (3) and (4). 

‘‘(B) SELECTION CRITERIA.—In identifying eligible partners under subparagraph (A), the Secretary shall require 

that partner institutions describe— 

‘‘(i) how the partner institution has the capability 

to administer the program in accordance with this 

section, which may include a description of any existing 

programs at the institution of the applicant that are 

targeted at education of science and mathematics 

teachers and the number of teachers graduated 

annually from the programs; and 

42 USC 7381n. 

121 STAT. 610 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(ii) how the partner institution will assist the 

National Laboratory in carrying out the activities 

described in paragraphs (3) and (4). 

‘‘(C) ASSISTANCE.—Consistent with sections 3165 and 

3166, the Director shall make available funds authorized 

under this section to carry out a program using scientific 

and engineering staff of the National Laboratories, during 

which the staff— 

‘‘(i) assists in providing training to teachers at 

summer institutes; and 

‘‘(ii) uses National Laboratory scientific equipment 

in the training. 

‘‘(3) REQUIRED ACTIVITIES.—Funds authorized under this 

section shall be used for— 

‘‘(A) creating opportunities for enhanced and ongoing 

professional development for teachers that improves the 

science, technology, engineering, and mathematics content 

knowledge of the teachers; 

‘‘(B) training to improve the ability of science, technology, engineering, and mathematics teachers to translate 

content knowledge and recent developments in pedagogy 

into classroom practice, including training to use curricula 

that are— 

‘‘(i) based on scientific research; and 

‘‘(ii) aligned with challenging State academic content standards; 

‘‘(C) training on the use and integration of technology 

in the classrooms; and 

‘‘(D) supplemental and follow-up professional development activities as described in subsection (a)(2)(D). 

‘‘(4) ADDITIONAL USES OF FUNDS.—Funds authorized under 

this section may be used for— 

‘‘(A) training and classroom materials to assist in carrying out paragraph (3); 

‘‘(B) expenses associated with scientific and engineering 

staff at the National Laboratories assisting in providing 

training to teachers at summer institutes; 

‘‘(C) instruction in the use and integration of data 

and assessments to inform and instruct classroom practice; 

and 

‘‘(D) stipends and travel expenses for teachers participating in the program. 

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

Director shall ensure that each summer institute program authorized under subsection (b) provides training to— 

‘‘(1) teachers from a wide range of school districts; 

‘‘(2) teachers from high-need school districts; and 

‘‘(3) teachers from groups underrepresented in the fields 

of science, technology, engineering, and mathematics teaching, 

including women and members of minority groups. 

‘‘(d) COORDINATION AND CONSULTATION.—The Director shall 

consult and coordinate with the Secretary of Education and the 

Director of the National Science Foundation regarding the 

implementation of the programs authorized under subsection (b). 

‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.— 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 611 

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

and accountability plan for the activities funded under this 

section that measures the impact of the activities. 

‘‘(2) CONTENTS.—The evaluation and accountability plan 

shall include— 

‘‘(A) measurable objectives to increase the number of 

science, technology, and mathematics teachers who participate in the summer institutes involved; and 

‘‘(B) measurable objectives for improved student academic achievement on State science, mathematics, and to 

the maximum extent applicable, technology and 

engineering assessments. 

‘‘(3) REPORT TO CONGRESS.—The Secretary shall submit 

to Congress with the annual budget submission of the Secretary 

a report on how the activities assisted under this section 

improve the science, technology, engineering, and mathematics 

teaching skills of participating teachers. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

‘‘(1) $15,000,000 for fiscal year 2008; 

‘‘(2) $20,000,000 for fiscal year 2009; and 

‘‘(3) $25,000,000 for fiscal year 2010. 

‘‘CHAPTER 5—NATIONAL ENERGY EDUCATION 

DEVELOPMENT 

‘‘SEC. 3191. NATIONAL ENERGY EDUCATION DEVELOPMENT. 

‘‘(a) IN GENERAL.—The Secretary, acting through the Director 

and in consultation with the Director of the National Science 

Foundation, shall establish a program to coordinate and make 

available to teachers and students web-based kindergarten through 

high school science, technology, engineering, and mathematics education resources relating to the science and energy mission of the 

Department, including existing instruction materials and protocols 

for classroom laboratory experiments. 

‘‘(b) ENERGY EDUCATION.—The materials and other resources 

required under subsection (a) shall include instruction relating to— 

‘‘(1) the science of energy; 

‘‘(2) the sources of energy; 

‘‘(3) the uses of energy in society; and 

‘‘(4) the environmental consequences and benefits of all 

energy sources and uses. 

‘‘(c) DISSEMINATION.—The Secretary, acting through the 

Director, shall take all steps necessary, such as through participation in education association conferences, to advertise the program 

authorized under this section to K–12 teachers and science education coordinators across the United States. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

‘‘(1) $500,000 for fiscal year 2008; and 

‘‘(2) such sums as necessary for each fiscal year thereafter. 

‘‘CHAPTER 6—ADMINISTRATION 

‘‘SEC. 3195. MENTORING PROGRAM. 

‘‘(a) IN GENERAL.—As part of the programs established under 

chapters 1, 3, and 4, the Director shall establish a program to 

42 USC 7381r. 

42 USC 7381p. 

121 STAT. 612 PUBLIC LAW 110–69—AUG. 9, 2007 

recruit and provide mentors for women and underrepresented 

minorities who are interested in careers in science, engineering, 

and mathematics. 

‘‘(b) PAIRING.—The program shall pair mentors with women 

and minorities who are in programs of study at specialty schools 

for science and mathematics, Centers of Excellence, and summer 

institutes established under chapters 1, 3, and 4, respectively. 

‘‘(c) PROGRAM EVALUATION.—The Secretary shall annually— 

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

established under subsection (a); and 

‘‘(2) submit to Congress a report that describes the results 

of each evaluation.’’. 

SEC. 5004. NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR 

INSTITUTIONS OF HIGHER EDUCATION. 

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

(1) to address the decline in the number of and resources 

available to nuclear science programs at institutions of higher 

education; and 

(2) to increase the number of graduates with degrees in 

nuclear science, an area of strategic importance to the economic 

competitiveness and energy security of the United States. 

(b) DEFINITION OF NUCLEAR SCIENCE.—In this section, the term 

‘‘nuclear science’’ includes— 

(1) nuclear science; 

(2) nuclear engineering; 

(3) nuclear chemistry; 

(4) radio chemistry; and 

(5) health physics. 

(c) ESTABLISHMENT.—The Secretary shall establish, in accordance with this section, a program to expand and enhance institution 

of higher education nuclear science educational capabilities. 

(d) NUCLEAR SCIENCE PROGRAM EXPANSION GRANTS FOR

INSTITUTIONS OF HIGHER EDUCATION.— 

(1) IN GENERAL.—The Secretary shall award up to 3 

competitive grants for each fiscal year to institutions of higher 

education that establish new academic degree programs in 

nuclear science. 

(2) PRIORITY.—In evaluating grants under this subsection, 

the Secretary shall give priority to proposals that involve partnerships with a National Laboratory or other eligible nuclearrelated entity, as determined by the Secretary. 

(3) CRITERIA.—Criteria for a grant awarded under this 

subsection shall be based on— 

(A) the potential to attract new students to the program; 

(B) academic rigor; and 

(C) the ability to offer hands-on learning opportunities. 

(4) DURATION AND AMOUNT.— 

(A) DURATION.—A grant under this subsection may 

be up to 5 years in duration. 

(B) AMOUNT.—An institution of higher education that 

receives a grant under this subsection shall be eligible 

for up to $1,000,000 for each year of the grant period. 

(5) USE OF FUNDS.—An institution of higher education that 

receives a grant under this subsection may use the grant to— 

(A) recruit and retain new faculty; 

42 USC 16532. 

Reports. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 613 

(B) develop core and specialized course content; 

(C) encourage collaboration between faculty and 

researchers in the nuclear science field; and 

(D) support outreach efforts to recruit students. 

(e) NUCLEAR SCIENCE COMPETITIVENESS GRANTS FOR INSTITU- TIONS OF HIGHER EDUCATION.— (1) IN GENERAL.—The Secretary shall award up to 5 

competitive grants for each fiscal year to institutions of higher 

education with existing academic degree programs that produce 

graduates in nuclear science. 

(2) CRITERIA.—Criteria for a grant awarded under this 

subsection shall be based on the potential for increasing the 

number and academic quality of graduates in the nuclear 

sciences who enter into careers in nuclear-related fields. 

(3) DURATION AND AMOUNT.— (A) DURATION.—A grant under this subsection may 

be up to 5 years in duration. 

(B) AMOUNT.—An institution of higher education that 

receives a grant under this subsection shall be eligible 

for up to $500,000 for each year of the grant period. 

(4) USE OF FUNDS.—An institution of higher education that 

receives a grant under this subsection may use the grant to— 

(A) increase the number of graduates in nuclear science 

that enter into careers in the nuclear science field; 

(B) enhance the teaching of advanced nuclear technologies; 

(C) aggressively pursue collaboration opportunities 

with industry and National Laboratories; 

(D) bolster or sustain nuclear infrastructure and 

research facilities of the institution of higher education, 

such as research and training reactors or laboratories; and 

(E) provide tuition assistance and stipends to undergraduate and graduate students. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

(1) NUCLEAR SCIENCE PROGRAM EXPANSION GRANTS FOR

INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to 

be appropriated to carry out subsection (d)— 

(A) $3,500,000 for fiscal year 2008; 

(B) $6,500,000 for fiscal year 2009; and 

(C) $9,500,000 for fiscal year 2010. 

(2) NUCLEAR SCIENCE COMPETITIVENESS GRANTS FOR

INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to 

be appropriated to carry out subsection (e)— 

(A) $3,000,000 for fiscal year 2008; 

(B) $5,500,000 for fiscal year 2009; and 

(C) $8,000,000 for fiscal year 2010. 

SEC. 5005. HYDROCARBON SYSTEMS SCIENCE TALENT EXPANSION 

PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION. 

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

(1) to address the decline in the number of and resources 

available to hydrocarbon systems science programs at institutions of higher education; and 

(2) to increase the number of graduates with degrees in 

hydrocarbon systems science, an area of strategic importance 

to the economic competitiveness and energy security of the 

United States. 

42 USC 16533. 

121 STAT. 614 PUBLIC LAW 110–69—AUG. 9, 2007 

(b) DEFINITION OF HYDROCARBON SYSTEMS SCIENCE.—In this 

section: 

(1) IN GENERAL.—The term ‘‘hydrocarbon systems science’’ 

means a science involving natural gas or other petroleum exploration, development, or production. 

(2) INCLUSIONS.—The term ‘‘hydrocarbon systems science’’ 

includes— 

(A) petroleum or reservoir engineering; 

(B) environmental geoscience; 

(C) petrophysics; 

(D) geophysics; 

(E) geochemistry; 

(F) petroleum geology; 

(G) ocean engineering; 

(H) environmental engineering; and 

(I) computer science, as computer science relates to 

a science described in this subsection. 

(c) ESTABLISHMENT.—The Secretary shall establish, in accordance with this section, a program to expand and enhance institution 

of higher education hydrocarbon systems science educational 

capabilities. 

(d) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION

GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.— 

(1) IN GENERAL.—The Secretary shall award up to 3 

competitive grants for each fiscal year to institutions of higher 

education that establish new academic degree programs in 

hydrocarbon systems science. 

(2) ELIGIBILITY.—In evaluating grants under this subsection, the Secretary shall give priority to proposals that 

involve partnerships with the National Laboratories, including 

the National Energy Technology Laboratory, or other hydrocarbon systems scientific entities, as determined by the Secretary. 

(3) CRITERIA.—Criteria for a grant awarded under this 

subsection shall be based on— 

(A) the potential to attract new students to the program; 

(B) academic rigor; and 

(C) the ability to offer hands-on learning opportunities. 

(4) DURATION AND AMOUNT.— 

(A) DURATION.—A grant under this subsection may 

be up to 5 years in duration. 

(B) AMOUNT.—An institution of higher education that 

receives a grant under this subsection shall be eligible 

for up to $1,000,000 for each year of the grant period. 

(5) USE OF FUNDS.—An institution of higher education that 

receives a grant under this subsection may use the grant to— 

(A) recruit and retain new faculty; 

(B) develop core and specialized course content; 

(C) encourage collaboration between faculty and 

researchers in the hydrocarbon systems science field; and 

(D) support outreach efforts to recruit students. 

(e) HYDROCARBON SYSTEMS SCIENCE COMPETITIVENESS GRANTS

FOR INSTITUTIONS OF HIGHER EDUCATION.— 

(1) IN GENERAL.—The Secretary shall award up to 5 

competitive grants for each fiscal year to institutions of higher 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 615 

education with existing academic degree programs that produce 

graduates in hydrocarbon systems science. 

(2) CRITERIA.—Criteria for a grant awarded under this 

subsection shall be based on the potential for increasing the 

number and academic quality of graduates in hydrocarbon systems sciences who enter into careers in natural gas and other 

petroleum exploration, development, and production related 

fields. 

(3) DURATION AND AMOUNT.— 

(A) DURATION.—A grant under this subsection may 

be up to 5 years in duration. 

(B) AMOUNT.—An institution of higher education that 

receives a grant under this subsection shall be eligible 

for up to $500,000 for each year of the grant period. 

(4) USE OF FUNDS.—An institution of higher education that 

receives a grant under this subsection may use the grant to— 

(A) increase the number of graduates in the hydrocarbon systems sciences that enter into careers in the 

natural gas and other petroleum exploration, development, 

and production science fields; 

(B) enhance the teaching of advanced natural gas and 

other petroleum exploration, development, and production 

technologies; 

(C) aggressively pursue collaboration opportunities 

with industry and the National Laboratories, including the 

National Energy Technology Laboratory; 

(D) bolster or sustain natural gas and other petroleum 

exploration, development, and production infrastructure 

and research facilities of the institution of higher education, 

such as research and training or laboratories; and 

(E) provide tuition assistance and stipends to undergraduate and graduate students. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

(1) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION

GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are 

authorized to be appropriated to carry out subsection (d)— 

(A) $3,500,000 for fiscal year 2008; 

(B) $6,500,000 for fiscal year 2009; and 

(C) $9,500,000 for fiscal year 2010. 

(2) HYDROCARBON SYSTEMS SCIENCE COMPETITIVENESS

GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are 

authorized to be appropriated to carry out subsection (e)— 

(A) $3,000,000 for fiscal year 2008; 

(B) $5,500,000 for fiscal year 2009; and 

(C) $8,000,000 for fiscal year 2010. 

SEC. 5006. DEPARTMENT OF ENERGY EARLY CAREER AWARDS FOR 

SCIENCE. ENGINEERING, AND MATHEMATICS 

RESEARCHERS. 

(a) GRANT AWARDS.—The Director of the Office of Science of 

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

carry out a program to award grants to scientists and engineers 

at an early career stage at institutions of higher education and 

organizations described in subsection (c) to conduct research in 

fields relevant to the mission of the Department. 

(b) AMOUNT AND DURATION.— 

42 USC 16534. 

121 STAT. 616 PUBLIC LAW 110–69—AUG. 9, 2007 

(1) AMOUNT.—The amount of a grant awarded under this 

section shall be— 

(A) not less than $80,000; and 

(B) not more than $125,000. 

(2) DURATION.—The term of a grant awarded under this 

section shall be not more than 5 years. 

(c) ELIGIBILITY.— (1) IN GENERAL.—To be eligible to receive a grant under 

this section, an individual shall, as determined by the 

Director— 

(A) subject to paragraph (2), have completed a doctorate or other terminal degree not more than 10 years 

before the date on which the proposal for a grant is submitted under subsection (e)(1); 

(B) have demonstrated promise in a science, 

engineering, or mathematics field relevant to the missions 

of the Department; and 

(C) be employed— 

(i) in a tenure track-position as an assistant professor or equivalent title at an institution of higher 

education in the United States; 

(ii) at an organization in the United States that 

is a nonprofit, nondegree-granting research organization such as a museum, observatory, or research laboratory; or 

(iii) as a scientist at a National Laboratory. 

(2) WAIVER.—Notwithstanding paragraph (1)(A), the 

Director may determine that an individual who has completed 

a doctorate more than 10 years before the date of submission 

of a proposal under subsection (e)(1) is eligible to receive a 

grant under this section if the individual was unable to conduct 

research for a period of time because of extenuating circumstances, including military service or family responsibilities, 

as determined by the Director. 

(d) SELECTION.—Grant recipients shall be selected on a competitive, merit-reviewed basis. 

(e) SELECTION PROCESS AND CRITERIA.— 

(1) PROPOSAL.—To be eligible to receive a grant under 

this section, an individual shall submit to the Director a proposal at such time, in such manner, and containing such 

information as the Director may require. 

(2) EVALUATION.—In evaluating the proposals submitted 

under paragraph (1), the Director shall take into consideration, 

at a minimum— 

(A) the intellectual merit of the proposed project; 

(B) the innovative or transformative nature of the proposed research; 

(C) the extent to which the proposal integrates research 

and education, including undergraduate education in 

science and engineering disciplines; and 

(D) the potential of the applicant for leadership at 

the frontiers of knowledge. 

(f) DIVERSITY REQUIREMENT.— 

(1) IN GENERAL.—In awarding grants under this section, 

the Director shall endeavor to ensure that the grant recipients 

represent a variety of types of institutions of higher education 

and nonprofit, nondegree-granting research organizations. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 617 

(2) REQUIREMENT.—In support of the goal described in 

paragraph (1), the Director shall broadly disseminate information regarding the deadlines applicable to, and manner in which 

to submit, proposals for grants under this section, including 

by conducting outreach activities for— 

(A) part B institutions, as defined in section 322 of 

the Higher Education Act of 1965 (20 U.S.C. 1061); and 

(B) minority institutions, as defined in section 365 

of that Act (20 U.S.C. 1067k). 

(g) REPORT ON RECRUITING AND RETAINING EARLY CAREER

SCIENCE AND ENGINEERING RESEARCHERS AT NATIONAL LABORATORIES.— 

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

of enactment of this Act, the Director shall submit to the 

Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural 

Resources of the Senate a report describing efforts of the 

Director to recruit and retain young scientists and engineers 

at early career stages at the National Laboratories. 

(2) INCLUSIONS.—The report under paragraph (1) shall 

include— 

(A) a description of applicable Department and 

National Laboratory policies and procedures, including policies and procedures relating to financial incentives, awards, 

promotions, time reserved for independent research, access 

to equipment or facilities, and other forms of recognition, 

designed to attract and retain young scientists and engineers; 

(B) an evaluation of the impact of the incentives 

described in subparagraph (A) on— 

(i) the careers of young scientists and engineers 

at the National Laboratories; and 

(ii) the quality of the research at the National 

Laboratories and in Department programs; 

(C) a description of barriers, if any, that exist with 

respect to efforts to recruit and retain young scientists 

and engineers, including the limited availability of fulltime equivalent positions, legal and procedural requirements, and pay grading systems; and 

(D) the amount of funding devoted to efforts to recruit 

and retain young researchers, and the source of the funds. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary, acting through the Director, 

to carry out this section $25,000,000 for each of fiscal years 2008 

through 2010. 

SEC. 5007. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT 

OF ENERGY FOR BASIC RESEARCH. 

Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 

16311(b)) is amended— 

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

(2) in paragraph (3), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(4) $5,814,000,000 for fiscal year 2010.’’. 

121 STAT. 618 PUBLIC LAW 110–69—AUG. 9, 2007 

SEC. 5008. DISCOVERY SCIENCE AND ENGINEERING INNOVATION 

INSTITUTES. 

(a) IN GENERAL.—The Secretary shall establish distributed, 

multidisciplinary institutes (referred to in this section as 

‘‘Institutes’’) centered at National Laboratories to apply fundamental science and engineering discoveries to technological innovations relating to— 

(1) the missions of the Department; and 

(2) the global competitiveness of the United States. 

(b) TOPICAL AREAS.—The Institutes shall support scientific and 

engineering research and education activities on critical emerging 

technologies determined by the Secretary to be essential to global 

competitiveness, including activities relating to— 

(1) sustainable energy technologies; 

(2) multiscale materials and processes; 

(3) micro- and nano-engineering; 

(4) computational and information engineering; and 

(5) genomics and proteomics. 

(c) PARTNERSHIPS.—In carrying out this section, the Secretary 

shall establish partnerships between the Institutes and— 

(1) institutions of higher education— 

(A) to train undergraduate and graduate science and 

engineering students; 

(B) to develop innovative undergraduate and graduate 

educational curricula; and 

(C) to conduct research within the topical areas 

described in subsection (b); and 

(2) private industry to develop innovative technologies 

within the topical areas described in subsection (b). 

(d) GRANTS.— 

(1) IN GENERAL.—For each fiscal year, the Secretary may 

select not more than 3 Institutes to receive a grant under 

this section. 

(2) MERIT-BASED SELECTION.—The selection of Institutes 

under paragraph (1) shall be— 

(A) merit-based; and 

(B) made through an open, competitive selection 

process. 

(3) TERM.—An Institute shall receive a grant under this 

section for not more than 3 fiscal years. 

(e) REVIEW.—The Secretary shall offer to enter into an agreement with the National Academy of Sciences under which the 

Academy shall, by not later than 3 years after the date of enactment 

of this Act— 

(1) review the performance of the Institutes under this 

section; and 

(2) submit to Congress and the Secretary a report 

describing the results of the review. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to provide grants to each Institute selected 

under this section $10,000,000 for each of fiscal years 2008 through 

2010. 

SEC. 5009. PROTECTING AMERICA’S COMPETITIVE EDGE (PACE) GRADUATE FELLOWSHIP PROGRAM. 

(a) DEFINITION OF ELIGIBLE STUDENT.—In this section, the 

term ‘‘eligible student’’ means a student who attends an institution 

42 USC 16536. 

Contracts. 

Deadline. 

Reports. 

Establishment. 

42 USC 16535. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 619 

of higher education that offers a doctoral degree in a field relevant 

to a mission area of the Department. 

(b) ESTABLISHMENT.—The Secretary shall establish a graduate 

fellowship program for eligible students pursuing a doctoral degree 

in a mission area of the Department. 

(c) SELECTION.— 

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

to eligible students under this section through a competitive 

merit review process, involving written and oral interviews, 

that will result in a wide distribution of awards throughout 

the United States, as determined by the Secretary. 

(2) CRITERIA.—The Secretary shall establish selection criteria for awarding fellowships under this section that require 

an eligible student— 

(A) to pursue a field of science or engineering of importance to a mission area of the Department; 

(B) to demonstrate to the Secretary— 

(i) the capacity of the eligible student to understand technical topics relating to the fellowship that 

can be derived from the first principles of the technical 

topics; 

(ii) imagination and creativity; 

(iii) leadership skills in organizations or intellectual endeavors, demonstrated through awards and past 

experience; and 

(iv) excellent verbal and communication skills to 

explain, defend, and demonstrate an understanding 

of technical subjects relating to the fellowship; and 

(C) to be a citizen or legal permanent resident of the 

United States. 

(d) AWARDS.— 

(1) AMOUNT.—A fellowship awarded under this section 

shall— 

(A) provide an annual living stipend; and 

(B) cover— 

(i) graduate tuition at an institution of higher education described in subsection (a); and 

(ii) incidental expenses associated with curricula 

and research at the institution of higher education 

(including books, computers, and software). 

(2) DURATION.—A fellowship awarded under this section 

shall be up to 3 years duration within a 5-year period. 

(3) PORTABILITY.—A fellowship awarded under this section 

shall be portable with the eligible student. 

(e) ADMINISTRATION.—The Secretary, acting through the 

Director of Science, Engineering, and Mathematics Education— 

(1) shall administer the program established under this 

section; and 

(2) may enter into a contract with a nonprofit entity to 

administer the program, including the selection and award 

of fellowships. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

(1) $7,500,000 for fiscal year 2008; 

(2) $12,000,000 for fiscal year 2009, including nonexpiring 

fellowships for the preceding fiscal year; and 

121 STAT. 620 PUBLIC LAW 110–69—AUG. 9, 2007 

(3) $20,000,000 for fiscal year 2010, including nonexpiring 

fellowships for preceding fiscal years. 

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

It is the sense of Congress that— 

(1) the Department of Energy should implement the recommendations contained in the report of the Government 

Accountability Office numbered 04–639; and 

(2) the Secretary of Energy should annually conduct 

reviews in accordance with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) of at least 2 recipients 

of grants provided by the Department of Energy. 

SEC. 5011. DISTINGUISHED SCIENTIST PROGRAM. 

(a) PURPOSE.—The purpose of this section is to promote scientific and academic excellence through collaborations between 

institutions of higher education and National Laboratories. 

(b) ESTABLISHMENT.—The Secretary shall establish a program 

to support the joint appointment of distinguished scientists by 

institutions of higher education and National Laboratories. 

(c) QUALIFICATIONS.—To be eligible for appointment as a distinguished scientist under this section, an individual, by reason of 

professional background and experience, shall be able to bring 

international recognition to the appointing institution of higher 

education or National Laboratory in the field of scientific endeavor 

of the individual. 

(d) SELECTION.—A distinguished scientist appointed under this 

section shall be selected through an open, competitive process. 

(e) APPOINTMENT.— (1) INSTITUTION OF HIGHER EDUCATION.—An appointment 

by an institution of higher education under this section shall 

be filled within the tenure allotment of the institution of higher 

education, at a minimum rank of professor. 

(2) NATIONAL LABORATORY.—An appointment by a National 

Laboratory under this section shall be at the rank of the highest 

grade of distinguished scientist or technical staff of the National 

Laboratory. 

(f) DURATION.—An appointment under this section shall— 

(1) be for a term of 6 years; and 

(2) consist of 2 3-year funding allotments. 

(g) USE OF FUNDS.—Funds made available under this section 

may be used for— 

(1) the salary of the distinguished scientist and support 

staff; 

(2) undergraduate, graduate, and post-doctoral appointments; 

(3) research-related equipment; 

(4) professional travel; and 

(5) such other requirements as the Secretary determines 

to be necessary to carry out the purpose of the program. 

(h) REVIEW.— (1) IN GENERAL.—The appointment of a distinguished scientist under this section shall be reviewed at the end of the 

first 3-year allotment for the distinguished scientist through 

an open peer-review process to determine whether the appointment is meeting the purpose of this section under subsection 

(a). 

42 USC 16537. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 621 

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

(i) COST SHARING.—To be eligible for assistance under this 

section, an appointing institution of higher education shall pay 

at least 50 percent of the total costs of the appointment. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— (1) $15,000,000 for fiscal year 2008; 

(2) $20,000,000 for fiscal year 2009; and 

(3) $30,000,000 for fiscal year 2010. 

SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY—ENERGY. 

(a) DEFINITIONS.—In this section: 

(1) ARPA-E.—The term ‘‘ARPA–E’’ means the Advanced 

Research Projects Agency—Energy established by subsection 

(b). 

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

of ARPA-E appointed under subsection (d). 

(3) FUND.—The term ‘‘Fund’’ means the Energy Transformation Acceleration Fund established under subsection 

(m)(1). 

(b) ESTABLISHMENT.—There is established the Advanced 

Research Projects Agency—Energy within the Department to overcome the long-term and high-risk technological barriers in the 

development of energy technologies. 

(c) GOALS.— 

(1) IN GENERAL.—The goals of ARPA-E shall be— 

(A) to enhance the economic and energy security of 

the United States through the development of energy technologies that result in— 

(i) reductions of imports of energy from foreign 

sources; 

(ii) reductions of energy-related emissions, 

including greenhouse gases; and 

(iii) improvement in the energy efficiency of all 

economic sectors; and 

(B) to ensure that the United States maintains a 

technological lead in developing and deploying advanced 

energy technologies. 

(2) MEANS.—ARPA-E shall achieve the goals established 

under paragraph (1) through energy technology projects by— 

(A) identifying and promoting revolutionary advances 

in fundamental sciences; 

(B) translating scientific discoveries and cutting-edge 

inventions into technological innovations; and 

(C) accelerating transformational technological 

advances in areas that industry by itself is not likely to 

undertake because of technical and financial uncertainty. 

(d) DIRECTOR.— 

(1) APPOINTMENT.—There shall be in the Department of 

Energy a Director of ARPA-E, who shall be appointed by the 

President, by and with the advice and consent of the Senate. 

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

who, by reason of professional background and experience, is 

especially qualified to advise the Secretary on, and manage 

research programs addressing, matters pertaining to long-term 

President. 

42 USC 16538. 

121 STAT. 622 PUBLIC LAW 110–69—AUG. 9, 2007 

and high-risk technological barriers to the development of 

energy technologies. 

(3) RELATIONSHIP TO SECRETARY.—The Director shall report 

to the Secretary. 

(4) RELATIONSHIP TO OTHER PROGRAMS.—No other programs 

within the Department shall report to the Director. 

(e) RESPONSIBILITIES.—The responsibilities of the Director shall 

include— 

(1) approving all new programs within ARPA-E; 

(2) developing funding criteria and assessing the success 

of programs through the establishment of technical milestones; 

(3) administering the Fund through awards to institutions 

of higher education, companies, research foundations, trade 

and industry research collaborations, or consortia of such entities, which may include federally-funded research and development centers, to achieve the goals described in subsection (c) 

through targeted acceleration of— 

(A) novel early-stage energy research with possible 

technology applications; 

(B) development of techniques, processes, and technologies, and related testing and evaluation; 

(C) research and development of manufacturing processes for novel energy technologies; and 

(D) coordination with nongovernmental entities for 

demonstration of technologies and research applications 

to facilitate technology transfer; and 

(4) terminating programs carried out under this section 

that are not achieving the goals of the programs. 

(f) PERSONNEL.— 

(1) PROGRAM MANAGERS.— 

(A) IN GENERAL.—The Director shall designate 

employees to serve as program managers for each of the 

programs established pursuant to the responsibilities established for ARPA-E under subsection (e). 

(B) RESPONSIBILITIES.—A program manager of a program shall be responsible for— 

(i) establishing research and development goals 

for the program, including through the convening of 

workshops and conferring with outside experts, and 

publicizing the goals of the program to the public and 

private sectors; 

(ii) soliciting applications for specific areas of particular promise, especially areas that the private sector 

or the Federal Government are not likely to undertake 

alone; 

(iii) building research collaborations for carrying 

out the program; 

(iv) selecting on the basis of merit, with advice 

under subsection (j) as appropriate, each of the projects 

to be supported under the program after considering— 

(I) the novelty and scientific and technical 

merit of the proposed projects; 

(II) the demonstrated capabilities of the 

applicants to successfully carry out the proposed 

project; 

(III) the consideration by the applicant of 

future commercial applications of the project, 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 623 

including the feasibility of partnering with 1 or 

more commercial entities; and 

(IV) such other criteria as are established by 

the Director; 

(v) monitoring the progress of projects supported 

under the program; and 

(vi) recommending program restructure or termination of research partnerships or whole projects. 

(C) TERM.—The term of a program manager shall be 

3 years and may be renewed. 

(2) HIRING AND MANAGEMENT.— (A) IN GENERAL.—The Director shall have the authority 

to— 

(i) make appointments of scientific, engineering, 

and professional personnel without regard to the civil 

service laws; and 

(ii) fix the compensation of such personnel at a 

rate to be determined by the Director. 

(B) NUMBER.—The Director shall appoint not less than 

70, and not more than 120, personnel under this section. 

(C) PRIVATE RECRUITING FIRMS.—The Secretary, or the 

Director serving as an agent of the Secretary, may contract 

with private recruiting firms for the hiring of qualified 

technical staff to carry out this section. 

(D) ADDITIONAL STAFF.—The Director may use all 

authorities in existence on the date of enactment of this 

Act that are provided to the Secretary to hire administrative, financial, and clerical staff as necessary to carry out 

this section. 

(g) REPORTS AND ROADMAPS.— 

(1) ANNUAL REPORT.—As part of the annual budget request 

submitted for each fiscal year, the Director shall provide to 

the relevant authorizing and appropriations committees of Congress a report describing projects supported by ARPA-E during 

the previous fiscal year. 

(2) STRATEGIC VISION ROADMAP.—Not later than October 

1, 2008, and October 1, 2011, the Director shall provide to 

the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPAE will use to guide the choices of ARPA-E for future technology 

investments over the following 3 fiscal years. 

(h) COORDINATION AND NONDUPLICATION.— 

(1) IN GENERAL.—To the maximum extent practicable, the 

Director shall ensure that the activities of ARPA-E are coordinated with, and do not duplicate the efforts of, programs and 

laboratories within the Department and other relevant research 

agencies. 

(2) TECHNOLOGY TRANSFER COORDINATOR.—To the extent 

appropriate, the Director may coordinate technology transfer 

efforts with the Technology Transfer Coordinator appointed 

under section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 

16391). 

(i) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Secretary 

shall make information available to purchasing and procurement 

programs of Federal agencies regarding the potential to demonstrate 

technologies resulting from activities funded through ARPA-E. 

(j) ADVICE.— 

121 STAT. 624 PUBLIC LAW 110–69—AUG. 9, 2007 

(1) ADVISORY COMMITTEES.—The Director may seek advice 

on any aspect of ARPA-E from— 

(A) an existing Department of Energy advisory committee; and 

(B) a new advisory committee organized to support 

the programs of ARPA-E and to provide advice and assistance on— 

(i) specific program tasks; or 

(ii) overall direction of ARPA-E. 

(2) ADDITIONAL SOURCES OF ADVICE.—In carrying out this 

section, the Director may seek advice and review from— 

(A) the President’s Committee of Advisors on Science 

and Technology; and 

(B) any professional or scientific organization with 

expertise in specific processes or technologies under 

development by ARPA-E. 

(k) ARPA-E EVALUATION.— 

(1) IN GENERAL.—After ARPA-E has been in operation for 

4 years, the Secretary shall offer to enter into a contract with 

the National Academy of Sciences under which the National 

Academy shall conduct an evaluation of how well ARPA-E 

is achieving the goals and mission of ARPA-E. 

(2) INCLUSIONS.—The evaluation shall include— 

(A) the recommendation of the National Academy of 

Sciences on whether ARPA-E should be continued or terminated; and 

(B) a description of lessons learned from operation 

of ARPA-E. 

(3) AVAILABILITY.—On completion of the evaluation, the 

evaluation shall be made available to Congress and the public. 

(l) EXISTING AUTHORITIES.—The authorities granted by this 

section are— 

(1) in addition to existing authorities granted to the Secretary; and 

(2) are not intended to supersede or modify any existing 

authorities. 

(m) FUNDING.— 

(1) FUND.—There is established in the Treasury of the 

United States a fund, to be known as the ‘‘Energy Transformation Acceleration Fund’’, which shall be administered by 

the Director for the purposes of carrying out this section. 

(2) AUTHORIZATION OF APPROPRIATIONS.—Subject to paragraphs (4) and (5), there are authorized to be appropriated 

to the Director for deposit in the Fund, without fiscal year 

limitation— 

(A) $300,000,000 for fiscal year 2008; and 

(B) such sums as are necessary for each of fiscal years 

2009 and 2010. 

(3) SEPARATE BUDGET AND APPROPRIATION.— 

(A) BUDGET REQUEST.—The budget request for ARPAE shall be separate from the rest of the budget of the 

Department. 

(B) APPROPRIATIONS.—Appropriations to the Fund shall 

be separate and distinct from the rest of the budget for 

the Department. 

(4) LIMITATION.—No amounts may be appropriated for 

ARPA-E for fiscal year 2008 unless the amount appropriated 

Public 

information. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 625 

for the activities of the Office of Science of the Department 

for fiscal year 2008 exceeds the amount appropriated for the 

Office for fiscal year 2007, as adjusted for inflation in accordance with the Consumer Price Index published by the Bureau 

of Labor Statistics of the Department of Labor. 

(5) ALLOCATION.—Of the amounts appropriated for a fiscal 

year under paragraph (2)— 

(A) not more than 50 percent of the amount shall 

be used to carry out subsection (e)(3)(D); 

(B) at least 2.5 percent of the amount shall be used 

for technology transfer and outreach activities; and 

(C) no funds may be used for construction of new 

buildings or facilities during the 5-year period beginning 

on the date of enactment of this Act. 

TITLE VI—EDUCATION 

SEC. 6001. FINDINGS. 

Congress makes the following findings: 

(1) A well-educated population is essential to retaining 

America’s competitiveness in the global economy. 

(2) The United States needs to build on and expand the 

impact of existing programs by taking additional, well-coordinated steps to ensure that all students are able to obtain 

the knowledge the students need to obtain postsecondary education and participate successfully in the workforce or the 

Armed Forces. 

(3) The next steps must be informed by independent 

information on the effectiveness of current programs in science, 

technology, engineering, mathematics, and critical foreign language education, and by identification of best practices that 

can be replicated. 

(4) Teacher preparation and elementary school and secondary school programs and activities must be aligned with 

the requirements of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6301 et seq.) and the requirements 

of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 

(5) The ever increasing knowledge and skill demands of 

the 21st century require that secondary school preparation 

and requirements be better aligned with the knowledge and 

skills needed to succeed in postsecondary education and the 

workforce, and States need better data systems to track educational achievement from prekindergarten through baccalaureate degrees. 

SEC. 6002. DEFINITIONS. 

(a) ESEA DEFINITIONS.—Unless otherwise specified in this title, 

the terms used in this title have the meanings given the terms 

in section 9101 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 7801). 

(b) OTHER DEFINITIONS.—In this title: 

(1) CRITICAL FOREIGN LANGUAGE.—The term ‘‘critical foreign language’’ means a foreign language that the Secretary 

determines, in consultation with the heads of such Federal 

20 USC 9802. 

20 USC 9801. 

121 STAT. 626 PUBLIC LAW 110–69—AUG. 9, 2007 

departments and agencies as the Secretary determines appropriate, is critical to the national security and economic competitiveness of the United States. 

(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term 

in section 101(a) of the Higher Education Act of 1965 (20 

U.S.C. 1001(a)). 

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

of Education. 

(4) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ includes applied research, basic research, 

and field-initiated research in which the rationale, design, and 

interpretation are soundly developed in accordance with 

accepted principles of scientific research. 

Subtitle A—Teacher Assistance 

PART I—TEACHERS FOR A COMPETITIVE 

TOMORROW 

SEC. 6111. PURPOSE. 

The purpose of this part is— 

(1) to develop and implement programs to provide 

integrated courses of study in science, technology, engineering, 

mathematics, or critical foreign languages, and teacher education, that lead to a baccalaureate degree in science, technology, engineering, mathematics, or a critical foreign language, 

with concurrent teacher certification; 

(2) to develop and implement 2- or 3-year part-time master’s degree programs in science, technology, engineering, 

mathematics, or critical foreign language education for teachers 

in order to enhance the teachers’ content knowledge and pedagogical skills; and 

(3) to develop programs for professionals in science, technology, engineering, mathematics, or critical foreign language 

education that lead to a master’s degree in teaching that results 

in teacher certification. 

SEC. 6112. DEFINITIONS. 

In this part: 

(1) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘‘children from low-income families’’ means children described in 

section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)). 

(2) ELIGIBLE RECIPIENT.—The term ‘‘eligible recipient’’ 

means an institution of higher education that receives grant 

funds under this part on behalf of a department of science, 

technology, engineering, mathematics, or a critical foreign language, or on behalf of a department or school with a competency-based degree program (in science, technology, 

engineering, mathematics, or a critical foreign language) that 

includes teacher certification, for use in carrying out activities 

assisted under this part. 

(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency or educational service agency— 

20 USC 9812. 

20 USC 9811. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 627 

(A)(i) that serves not fewer than 10,000 children from 

low-income families; 

(ii) for which not less than 20 percent of the children 

served by the agency are children from low-income families; 

or 

(iii) with a total of less than 600 students in average 

daily attendance at the schools that are served by the 

agency and all of whose schools are designated with a 

school locale code of 41, 42, or 43, as determined by the 

Secretary; and 

(B)(i) for which there is a high percentage of teachers 

providing instruction in academic subject areas or grade 

levels for which the teachers are not highly qualified; or 

(ii) for which there is a high teacher turnover rate 

or a high percentage of teachers with emergency, provisional, or temporary certification or licensure. 

(4) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’ has 

the meaning given such term in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801) and, 

with respect to special education teachers, in section 602 of 

the Individuals with Disabilities Education Act (20 U.S.C. 

1401). 

(5) PARTNERSHIP.—The term ‘‘partnership’’ means a partnership that— 

(A) shall include— 

(i) an eligible recipient; 

(ii)(I)(aa) a department within the eligible recipient 

that provides a program of study in science, technology, 

engineering, mathematics, or a critical foreign language; and 

(bb) a school, department, or program of education 

within the eligible recipient, or a 2-year institution 

of higher education that has a teacher preparation 

offering or a dual enrollment program with the eligible 

recipient; or 

(II) a department or school within the eligible 

recipient with a competency-based degree program (in 

science, technology, engineering, mathematics, or a 

critical foreign language) that includes teacher certification; and 

(iii) not less than 1 high-need local educational 

agency and a public school or a consortium of public 

schools served by the agency; and 

(B) may include a nonprofit organization that has a 

demonstrated record of providing expertise or support to 

meet the purposes of this part. 

(6) TEACHING SKILLS.—The term ‘‘teaching skills’’ means 

the ability to— 

(A) increase student achievement and learning and 

increase a student’s ability to apply knowledge; 

(B) effectively convey and explain academic subject 

matter; 

(C) employ strategies grounded in the disciplines of 

teaching and learning that— 

(i) are based on scientifically valid research; 

(ii) are specific to academic subject matter; and 

121 STAT. 628 PUBLIC LAW 110–69—AUG. 9, 2007 

(iii) focus on the identification of students’ specific 

learning needs, particularly students with disabilities, 

students who are limited English proficient, students 

who are gifted and talented, and students with low 

literacy levels, and the tailoring of academic instruction 

to such needs; 

(D) conduct ongoing assessment of student learning; 

(E) effectively manage a classroom; and 

(F) communicate and work with parents and guardians, 

and involve parents and guardians in their children’s education. 

SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, 

TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN LANGUAGES, WITH CONCURRENT 

TEACHER CERTIFICATION. 

(a) PROGRAM AUTHORIZED.—From the amounts made available 

to carry out this section under section 6116(1) and not reserved 

under section 6115(d) for a fiscal year, the Secretary is authorized 

to award grants, on a competitive basis, to eligible recipients to 

enable partnerships served by the eligible recipients to develop 

and implement programs to provide courses of study in science, 

technology, engineering, mathematics, or critical foreign languages 

that— 

(1) are integrated with teacher education; and 

(2) lead to a baccalaureate degree in science, technology, 

engineering, mathematics, or a critical foreign language with 

concurrent teacher certification. 

(b) APPLICATION.—Each eligible recipient desiring a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary may require. Each 

application shall— 

(1) describe the program for which assistance is sought; 

(2) describe how a department of science, technology, 

engineering, mathematics, or a critical foreign language participating in the partnership will ensure significant collaboration 

with a teacher preparation program in the development of 

undergraduate degrees in science, technology, engineering, 

mathematics, or a critical foreign language, with concurrent 

teacher certification, including providing student teaching and 

other clinical classroom experiences or how a department or 

school participating in the partnership with a competency-based 

degree program has ensured, in the development of a baccalaureate degree program in science, technology, engineering, 

mathematics, or a critical foreign language, the provision of 

concurrent teacher certification, including providing student 

teaching and other clinical classroom experiences; 

(3) describe the high-quality research, laboratory, or internship experiences, integrated with coursework, that will be provided under the program; 

(4) describe how members of groups that are underrepresented in the teaching of science, technology, engineering, 

mathematics, or critical foreign languages will be encouraged 

to participate in the program; 

(5) describe how program participants will be encouraged 

to teach in schools determined by the partnership to be most 

Grants. 

20 USC 9813. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 629 

in need, and the assistance in finding employment in such 

schools that will be provided; 

(6) describe the ongoing activities and services that will 

be provided to graduates of the program; 

(7) describe how the activities of the partnership will be 

coordinated with any activities funded through other Federal 

grants, and how the partnership will continue the activities 

assisted under the program when the grant period ends; 

(8) describe how the partnership will assess the content 

knowledge and teaching skills of the program participants; 

and 

(9) provide any other information the Secretary may reasonably require. 

(c) PRIORITY.—Priority shall be given to applications whose 

primary focus is on placing participants in high-need local educational agencies. 

(d) AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—Each eligible recipient receiving a grant 

under this section shall use the grant funds to enable a partnership to develop and implement a program to provide courses 

of study in science, technology, engineering, mathematics, or 

a critical foreign language that— 

(A) are integrated with teacher education programs 

that promote effective teaching skills; and 

(B) lead to a baccalaureate degree in science, technology, engineering, mathematics, or a critical foreign language with concurrent teacher certification. 

(2) PROGRAM REQUIREMENTS.—The program shall— 

(A) provide high-quality research, laboratory, or internship experiences for program participants; 

(B) provide student teaching or other clinical classroom 

experiences that— 

(i) are integrated with coursework; and 

(ii) lead to the participants’ ability to demonstrate 

effective teaching skills; 

(C) if implementing a program in which program 

participants are prepared to teach science, technology, 

engineering, mathematics, or critical foreign language 

courses, include strategies for improving student literacy; 

(D) encourage the participation of individuals who are 

members of groups that are underrepresented in the 

teaching of science, technology, engineering, mathematics, 

or critical foreign languages; 

(E) encourage participants to teach in schools determined by the partnership to be most in need, and actively 

assist the participants in finding employment in such 

schools; 

(F) offer training in the use of and integration of educational technology; 

(G) collect data regarding and evaluate, using measurable objectives and benchmarks, the extent to which the 

program succeeded in— 

(i) increasing the percentage of highly qualified 

mathematics, science, or critical foreign language 

teachers, including increasing the percentage of such 

teachers teaching in those schools determined by the 

partnership to be most in need; 

121 STAT. 630 PUBLIC LAW 110–69—AUG. 9, 2007 

(ii) improving student academic achievement in 

mathematics, science, and where applicable, technology 

and engineering; 

(iii) increasing the number of students in secondary schools enrolled in upper level mathematics, 

science, and, where available, technology and 

engineering courses; and 

(iv) increasing the numbers of elementary school 

and secondary school students enrolled in and continuing in critical foreign language courses; 

(H) collect data on the employment placement and 

retention of all graduates of the program, including 

information on how many graduates are teaching and in 

what kinds of schools; 

(I) provide ongoing activities and services to graduates 

of the program who teach elementary school or secondary 

school, by— 

(i) keeping the graduates informed of the latest 

developments in their respective academic fields; and 

(ii) supporting the graduates of the program who 

are employed in schools in the local educational agency 

participating in the partnership during the initial years 

of teaching through— 

(I) induction programs; 

(II) promotion of effective teaching skills; and 

(III) providing opportunities for regular professional development; and 

(J) develop recommendations to improve the school, 

department, or program of education participating in the 

partnership. 

(e) ANNUAL REPORT.—Each eligible recipient receiving a grant 

under this section shall collect and report to the Secretary annually 

such information as the Secretary may reasonably require, 

including— 

(1) the number of participants in the program; 

(2) information on the academic majors of participating 

students; 

(3) the race, gender, income, and disability status of program participants; 

(4) the placement of program participants as teachers in 

schools determined by the partnership to be most in need; 

(5) the extent to which the program succeeded in meeting 

the objectives and benchmarks described in subsection (d)(2)(G); 

and 

(6) the data collected under subparagraphs (G) and (H) 

of subsection (d)(2). 

(f) TECHNICAL ASSISTANCE.—From the funds made available 

under section 6116(1), the Secretary may provide technical assistance to an eligible recipient developing a baccalaureate degree 

program with concurrent teacher certification, including technical 

assistance provided through a grant or contract awarded on a 

competitive basis to an institution of higher education or a technical 

assistance center. 

(g) COMPLIANCE WITH FERPA.—Any activity under this section 

shall be carried out in compliance with section 444 of the General 

Education Provisions Act (20 U.S.C. 1232g) (commonly known as 

the Family Educational Rights and Privacy Act of 1974). 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 631 

(h) INDUCTION PROGRAM DEFINED.—In this section, the term 

‘‘induction program’’ means a formalized program for new teachers 

during not less than the teachers’ first 2 years of teaching that 

is designed to provide support for, and improve the professional 

performance and advance the retention in the teaching field of, 

beginning teachers. Such program shall promote effective teaching 

skills and shall include the following components: 

(1) High-quality teacher mentoring. 

(2) Periodic, structured time for collaboration with teachers 

in the same department or field, as well as time for informationsharing among teachers, principals, administrators, and participating faculty in the partner institution. 

(3) The application of empirically based practice and scientifically valid research on instructional practices. 

(4) Opportunities for new teachers to draw directly upon 

the expertise of teacher mentors, faculty, and researchers to 

support the integration of empirically based practice and scientifically valid research with practice. 

(5) The development of skills in instructional and behavioral interventions derived from empirically based practice and, 

where applicable, scientifically valid research. 

(6) Faculty who— 

(A) model the integration of research and practice in 

the classroom; and 

(B) assist new teachers with the effective use and 

integration of technology in the classroom. 

(7) Interdisciplinary collaboration among exemplary 

teachers, faculty, researchers, and other staff who prepare new 

teachers on the learning process and the assessment of learning. 

(8) Assistance with the understanding of data, particularly 

student achievement data, and the data’s applicability in classroom instruction. 

(9) Regular evaluation of the new teacher. 

SEC. 6114. PROGRAMS FOR MASTER’S DEGREES IN SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL 

FOREIGN LANGUAGE EDUCATION. 

(a) PROGRAM AUTHORIZED.—From the amounts made available 

to carry out this section under section 6116(2) and not reserved 

under section 6115(d) for a fiscal year, the Secretary is authorized 

to award grants, on a competitive basis, to eligible recipients to 

enable the partnerships served by the eligible recipients to develop 

and implement— 

(1) 2- or 3-year part-time master’s degree programs in 

science, technology, engineering, mathematics, or critical foreign language education for teachers in order to enhance the 

teacher’s content knowledge and teaching skills; or 

(2) programs for professionals in science, technology, 

engineering, mathematics, or a critical foreign language that 

lead to a 1-year master’s degree in teaching that results in 

teacher certification. 

(b) APPLICATION.—Each eligible recipient desiring a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary may require. Each 

application shall describe— 

20 USC 9814. 

121 STAT. 632 PUBLIC LAW 110–69—AUG. 9, 2007 

(1) how a department of science, technology, engineering, 

mathematics, or a critical foreign language will ensure significant collaboration with a school, department, or program of 

education in the development of the master’s degree programs 

authorized under subsection (a), or how a department or school 

with a competency-based degree program has ensured, in the 

development of a master’s degree program, the provision of 

rigorous studies in science, technology, engineering, mathematics, or a critical foreign language that enhance the teachers’ 

content knowledge and teaching skills; 

(2) the role of the local educational agency in the partnership in developing and administering the program and how 

feedback from the local educational agency, school, and participants will be used to improve the program; 

(3) how the program will help increase the percentage 

of highly qualified mathematics, science, or critical foreign language teachers, including increasing the percentage of such 

teachers teaching in schools determined by the partnership 

to be most in need; 

(4) how the program will— 

(A) improve student academic achievement in mathematics, science, and, where applicable, technology and 

engineering and increase the number of students taking 

upper-level courses in such subjects; or 

(B) increase the numbers of elementary school and 

secondary school students enrolled and continuing in critical foreign language courses; 

(5) how the program will prepare participants to become 

more effective science, technology, engineering, mathematics, 

or critical foreign language teachers; 

(6) how the program will prepare participants to assume 

leadership roles in their schools; 

(7) how teachers (or science, technology, engineering, 

mathematics, or critical foreign language professionals) who 

are members of groups that are underrepresented in the 

teaching of science, technology, engineering, mathematics, or 

critical foreign languages and teachers from schools determined 

by the partnership to be most in need will be encouraged 

to apply for and participate in the program; 

(8) the ongoing activities and services that will be provided 

to graduates of the program; 

(9) how the partnership will continue the activities assisted 

under the grant when the grant period ends; 

(10) how the partnership will assess, during the program, 

the content knowledge and teaching skills of the program 

participants; and 

(11) methods to ensure applicants to the master’s degree 

program for professionals in science, technology, engineering, 

mathematics, or a critical foreign language demonstrate 

advanced knowledge in the relevant subject. 

(c) AUTHORIZED ACTIVITIES.—Each eligible recipient receiving 

a grant under this section shall use the grant funds to develop 

and implement a 2- or 3-year part-time master’s degree program 

in science, technology, engineering, mathematics, or critical foreign 

language education for teachers in order to enhance the teachers’ 

content knowledge and teaching skills, or programs for professionals 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 633 

in science, technology, engineering, mathematics, or a critical foreign language that lead to a 1-year master’s degree in teaching 

that results in teacher certification. The program shall— 

(1) promote effective teaching skills so that program participants become more effective science, technology, engineering, 

mathematics, or critical foreign language teachers; 

(2) prepare teachers to assume leadership roles in their 

schools by participating in activities such as teacher mentoring, 

development of curricula that integrate state of the art applications of science, technology, engineering, mathematics, or critical foreign language into the classroom, working with school 

administrators in establishing in-service professional development of teachers, and assisting in evaluating data and assessments to improve student academic achievement; 

(3) use high-quality research, laboratory, or internship 

experiences for program participants that are integrated with 

coursework; 

(4) provide student teaching or clinical classroom experience; 

(5) if implementing a program in which participants are 

prepared to teach science, technology, engineering, mathematics, or critical foreign language courses, provide strategies 

for improving student literacy; 

(6) align the content knowledge in the master’s degree 

program with challenging student academic achievement standards and challenging academic content standards established 

by the State in which the program is conducted; 

(7) encourage the participation of— 

(A) individuals who are members of groups that are 

underrepresented in the teaching of science, technology, 

engineering, mathematics, or critical foreign languages; 

(B) members of the Armed Forces who are transitioning 

to civilian life; and 

(C) teachers teaching in schools determined by the 

partnership to be most in need; 

(8) offer tuition assistance, based on need, as appropriate; 

(9) create opportunities for enhanced and ongoing professional development for teachers that improves the science, technology, engineering, mathematics, and critical foreign language 

content knowledge and teaching skills of such teachers; and 

(10) evaluate and report on the impact of the program, 

in accordance with subsection (d). 

(d) EVALUATION AND REPORT.—Each eligible recipient receiving 

a grant under this section shall evaluate, using measurable objectives and benchmarks, and provide an annual report to the Secretary regarding, the extent to which the program assisted under 

this section succeeded in the following: 

(1) Increasing the number and percentage of science, technology, engineering, mathematics, or critical foreign language 

teachers who have a master’s degree and meet 1 or more 

of the following requirements: 

(A) Are teaching in schools determined by the partnership to be most in need, and taught in such schools prior 

to participation in the program. 

(B) Are teaching in schools determined by the partnership to be most in need, and did not teach in such schools 

prior to participation in the program. 

121 STAT. 634 PUBLIC LAW 110–69—AUG. 9, 2007 

(C) Are members of a group underrepresented in the 

teaching of science, technology, engineering, mathematics, 

or a critical foreign language. 

(2) Bringing professionals in science, technology, 

engineering, mathematics, or a critical foreign language into 

the field of teaching. 

(3) Retaining teachers who participate in the program. 

SEC. 6115. GENERAL PROVISIONS. 

(a) DURATION OF GRANTS.—The Secretary shall award each 

grant under this part for a period of not more than 5 years. 

(b) MATCHING REQUIREMENT.—Each eligible recipient that 

receives a grant under this part shall provide, from non-Federal 

sources, an amount equal to 50 percent of the amount of the 

grant (which may be provided in cash or in kind) to carry out 

the activities supported by the grant. 

(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 

this part shall be used to supplement, and not supplant, other 

Federal or State funds. 

(d) EVALUATION.—From amounts made available for any fiscal 

year under section 6116, the Secretary shall reserve such sums 

as may be necessary— 

(1) to provide for the conduct of an annual independent 

evaluation, by grant or by contract, of the activities assisted 

under this part, which shall include an assessment of the 

impact of the activities on student academic achievement; and 

(2) to prepare and submit an annual report on the results 

of the evaluation described in paragraph (1) to the Committee 

on Health, Education, Labor, and Pensions of the Senate, the 

Committee on Education and Labor of the House of Representatives, and the Committees on Appropriations of the Senate 

and House of Representatives. 

SEC. 6116. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this section 

$276,200,000 for fiscal year 2008, and such sums as may be necessary for each of the 2 succeeding fiscal years, of which— 

(1) $151,200,000 shall be available to carry out section 

6113 for fiscal year 2008 and each succeeding fiscal year; and 

(2) $125,000,000 shall be available to carry out section 

6114 for fiscal year 2008 and each succeeding fiscal year. 

PART II—ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS 

SEC. 6121. PURPOSE. 

It is the purpose of this part— 

(1) to raise academic achievement through Advanced Placement and International Baccalaureate programs by increasing, 

by 70,000, over a 4-year period beginning in 2008, the number 

of teachers serving high-need schools who are qualified to teach 

Advanced Placement or International Baccalaureate courses 

in mathematics, science, and critical foreign languages; 

(2) to increase, to 700,000 per year, the number of students 

attending high-need schools who— 

20 USC 9831. 

20 USC 9816. 

20 USC 9815. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 635 

(A) take and score a 3, 4, or 5 on an Advanced Placement examination in mathematics, science, or a critical 

foreign language administered by the College Board; or 

(B) achieve a passing score on an examination administered by the International Baccalaureate Organization in 

such a subject; 

(3) to increase the availability of, and enrollment in, 

Advanced Placement or International Baccalaureate courses 

in mathematics, science, and critical foreign languages, and 

pre-Advanced Placement or pre-International Baccalaureate 

courses in such subjects, in high-need schools; and 

(4) to support statewide efforts to increase the availability 

of, and enrollment in, Advanced Placement or International 

Baccalaureate courses in mathematics, science, and critical foreign languages, and pre-Advanced Placement or pre-International Baccalaureate courses in such subjects, in high-need 

schools. 

SEC. 6122. DEFINITIONS. 

In this part: 

(1) ADVANCED PLACEMENT OR INTERNATIONAL BACCALAUREATE COURSE.—The term ‘‘Advanced Placement or International Baccalaureate course’’ means— 

(A) a course of college-level instruction provided to 

secondary school students, terminating in an examination 

administered by the College Board or the International 

Baccalaureate Organization, or another such examination 

approved by the Secretary; or 

(B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in an examination 

administered by another nationally recognized educational 

organization that has a demonstrated record of effectiveness in assessing secondary school students, or another 

such examination approved by the Secretary. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a State educational agency; 

(B) a local educational agency; or 

(C) a partnership consisting of— 

(i) a national, regional, or statewide nonprofit 

organization, with expertise and experience in providing Advanced Placement or International Baccalaureate services; and 

(ii) a State educational agency or local educational 

agency. 

(3) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ 

has the meaning given the term ‘‘low-income individual’’ in 

section 1707(3) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6537(3)). 

(4) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The 

term ‘‘high concentration of low-income students’’ has the 

meaning given the term in section 1707(2) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6537(2)). 

(5) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency or educational service agency described in 6112(3)(A). 

(6) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ 

means a secondary school— 

20 USC 9832. 

121 STAT. 636 PUBLIC LAW 110–69—AUG. 9, 2007 

(A) with a pervasive need for Advanced Placement 

or International Baccalaureate courses in mathematics, 

science, or critical foreign languages, or for additional 

Advanced Placement or International Baccalaureate 

courses in such a subject; and 

(B)(i) with a high concentration of low-income students; 

or 

(ii) designated with a school locale code of 41, 42, 

or 43, as determined by the Secretary. 

SEC. 6123. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS. 

(a) PROGRAM AUTHORIZED.—From the amounts appropriated 

under subsection (l), the Secretary is authorized to award grants, 

on a competitive basis, to eligible entities to enable the eligible 

entities to carry out the authorized activities described in subsection 

(g). 

(b) DURATION OF GRANTS.—The Secretary may award grants 

under this section for a period of not more than 5 years. 

(c) COORDINATION.—The Secretary shall coordinate the activities carried out under this section with the activities carried out 

under section 1705 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6535). 

(d) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to eligible entities that are part of a 

statewide strategy for increasing— 

(1) the availability of Advanced Placement or International 

Baccalaureate courses in mathematics, science, and critical foreign languages, and pre-Advanced Placement or pre-International Baccalaureate courses in such subjects, in high-need 

schools; and 

(2) the number of students who participate in Advanced 

Placement or International Baccalaureate courses in mathematics, science, and critical foreign language in high-need 

schools, and take and score a 3, 4, or 5 on an Advanced 

Placement examination in such a subject, or pass an examination administered by the International Baccalaureate Organization in such a subject in such schools. 

(e) EQUITABLE DISTRIBUTION.—The Secretary, to the extent 

practicable, shall— 

(1) ensure an equitable geographic distribution of grants 

under this section among the States; and 

(2) promote an increase in participation in Advanced Placement or International Baccalaureate mathematics, science, and 

critical foreign language courses and examinations in all States. 

(f) APPLICATION.— 

(1) IN GENERAL.—Each eligible entity desiring a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and containing such information 

as the Secretary may reasonably require. 

(2) CONTENTS.—The application shall, at a minimum, 

include a description of— 

(A) the goals and objectives for the project, including— 

(i) increasing the number of teachers serving highneed schools who are qualified to teach Advanced 

Placement or International Baccalaureate courses in 

mathematics, science, or critical foreign languages; 

20 USC 9833. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 637 

(ii) increasing the number of qualified teachers 

serving high-need schools who are teaching Advanced 

Placement or International Baccalaureate courses in 

mathematics, science, or critical foreign languages to 

students in the high-need schools; 

(iii) increasing the number of Advanced Placement 

or International Baccalaureate courses in mathematics, 

science, and critical foreign languages that are available to students attending high-need schools; and 

(iv) increasing the number of students attending 

a high-need school, particularly low-income students, 

who enroll in and pass— 

(I) Advanced Placement or International 

Baccalaureate courses in mathematics, science, or 

critical foreign languages; and 

(II) pre-Advanced Placement or pre-International Baccalaureate courses in such a subject 

(where provided in accordance with subparagraph 

(B)); 

(B) how the eligible entity will ensure that students 

have access to courses, including pre-Advanced Placement 

and pre-International Baccalaureate courses, that will prepare the students to enroll and succeed in Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages; 

(C) how the eligible entity will provide professional 

development for teachers assisted under this section; 

(D) how the eligible entity will ensure that teachers 

serving high-need schools are qualified to teach Advanced 

Placement or International Baccalaureate courses in 

mathematics, science, or critical foreign languages; 

(E) how the eligible entity will provide for the involvement of business and community organizations and other 

entities, including institutions of higher education, in the 

activities to be assisted; and 

(F) how the eligible entity will use funds received under 

this section, including how the eligible entity will evaluate 

the success of its project. 

(g) AUTHORIZED ACTIVITIES.— 

(1) IN GENERAL.—Each eligible entity that receives a grant 

under this section shall use the grant funds to carry out activities designed to increase— 

(A) the number of qualified teachers serving high-need 

schools who are teaching Advanced Placement or International Baccalaureate courses in mathematics, science, 

or critical foreign languages; and 

(B) the number of students attending high-need schools 

who enroll in, and pass, the examinations for such 

Advanced Placement or International Baccalaureate 

courses. 

(2) PERMISSIVE ACTIVITIES.—The activities described in 

paragraph (1) may include— 

(A) teacher professional development, in order to 

expand the pool of teachers in the participating State, 

121 STAT. 638 PUBLIC LAW 110–69—AUG. 9, 2007 

local educational agency, or high-need school who are qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign 

languages; 

(B) pre-Advanced Placement or pre-International 

Baccalaureate course development and professional 

development; 

(C) coordination and articulation between grade levels 

to prepare students to enroll and succeed in Advanced 

Placement or International Baccalaureate courses in 

mathematics, science, or critical foreign languages; 

(D) purchase of instructional materials; 

(E) activities to increase the availability of, and participation in, online Advanced Placement or International 

Baccalaureate courses in mathematics, science, and critical 

foreign languages; 

(F) reimbursing low-income students attending highneed schools for part or all of the cost of Advanced Placement or International Baccalaureate examination fees; 

(G) carrying out subsection (j), relating to collecting 

and reporting data; 

(H) in the case of a State educational agency that 

receives a grant under this section, awarding subgrants 

to local educational agencies to enable the local educational 

agencies to carry out authorized activities described in 

subparagraphs (A) through (G); and 

(I) providing salary increments or bonuses to teachers 

serving high-need schools who— 

(i) become qualified to teach, and teach, Advanced 

Placement or International Baccalaureate courses in 

mathematics, science, or a critical foreign language; 

or 

(ii) increase the number of low-income students, 

who take Advanced Placement or International Baccalaureate examinations in mathematics, science, or a 

critical foreign language with the goal of successfully 

passing such examinations. 

(h) MATCHING REQUIREMENT.— 

(1) IN GENERAL.—Subject to paragraph (2), each eligible 

entity that receives a grant under this section shall provide, 

toward the cost of the activities assisted under the grant, 

from non-Federal sources, an amount equal to 200 percent 

of the amount of the grant, except that an eligible entity that 

is a high-need local educational agency shall provide an amount 

equal to not more than 100 percent of the amount of the 

grant. 

(2) WAIVER.—The Secretary may waive all or part of the 

matching requirement described in paragraph (1) for any fiscal 

year for an eligible entity described in subparagraph (A) or 

(B) of section 6122(2), if the Secretary determines that applying 

the matching requirement to such eligible entity would result 

in serious hardship or an inability to carry out the authorized 

activities described in subsection (g). 

(i) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under 

this section shall be used to supplement, not supplant, other Federal 

and non-Federal funds available to carry out the activities described 

in subsection (g). 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 639 

(j) COLLECTING AND REPORTING REQUIREMENTS.— 

(1) REPORT.—Each eligible entity receiving a grant under 

this section shall collect and report to the Secretary annually 

such data on the results of the grant as the Secretary may 

reasonably require, including data regarding— 

(A) the number of students enrolling in Advanced 

Placement or International Baccalaureate courses in 

mathematics, science, or a critical foreign language, and 

pre-Advanced Placement or pre-International Baccalaureate courses in such a subject, by the grade the student 

is enrolled in, and the distribution of grades those students 

receive; 

(B) the number of students taking Advanced Placement 

or International Baccalaureate examinations in mathematics, science, or a critical foreign language, and the 

distribution of scores on those examinations by the grade 

the student is enrolled in at the time of the examination; 

(C) the number of teachers receiving training in 

teaching Advanced Placement or International Baccalaureate courses in mathematics, science, or a critical foreign language who will be teaching such courses in the 

next school year; 

(D) the number of teachers becoming qualified to teach 

Advanced Placement or International Baccalaureate 

courses in mathematics, science, or a critical foreign language; and 

(E) the number of qualified teachers who are teaching 

Advanced Placement or International Baccalaureate 

courses in mathematics, science, or critical foreign languages to students in a high-need school. 

(2) REPORTING OF DATA.—Each eligible entity receiving a 

grant under this section shall report data required under paragraph (1)— 

(A) disaggregated by subject area; 

(B) in the case of student data, disaggregated in the 

same manner as information is disaggregated under section 

1111(h)(1)(C)(i) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); and 

(C) to the extent feasible, in a manner that allows 

comparison of conditions before, during, and after the 

project. 

(k) EVALUATION AND REPORT.—From the amount made available for any fiscal year under subsection (l), the Secretary shall 

reserve such sums as may be necessary— 

(1) to conduct an annual independent evaluation, by grant 

or by contract, of the program carried out under this section, 

which shall include an assessment of the impact of the program 

on student academic achievement; and 

(2) to prepare and submit an annual report on the results 

of the evaluation described in paragraph (1) to the Committee 

on Health, Education, Labor, and Pensions of the Senate, the 

Committee on Education and Labor of the House of Representatives, and the Committees on Appropriations of the Senate 

and House of Representatives. 

(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $75,000,000 for fiscal 

121 STAT. 640 PUBLIC LAW 110–69—AUG. 9, 2007 

year 2008, and such sums as may be necessary for each of the 

2 succeeding fiscal years. 

PART III—PROMISING PRACTICES IN SCIENCE, 

TECHNOLOGY, ENGINEERING, AND MATHEMATICS TEACHING 

SEC. 6131. PROMISING PRACTICES. 

(a) PURPOSE.—The purpose of this section is to establish an 

expert panel to provide information on promising practices for 

strengthening teaching and learning in science, technology, 

engineering, and mathematics at the elementary school and secondary school levels. The panel shall build on prior Federal efforts, 

such as efforts by the National Mathematics Advisory Panel, and 

shall synthesize scientific evidence pertaining to the improvement 

of science, technology, engineering, and mathematics teaching and 

learning. 

(b) NATIONAL PANEL ON PROMISING PRACTICES IN K–12 STEM 

TEACHING AND LEARNING.— 

(1) IN GENERAL.—The Secretary shall enter into a contract 

with the Center for Education of the National Academy of 

Sciences to establish and convene, not later than 1 year after 

the date of enactment of this Act, an expert panel to— 

(A) identify promising practices for improving teaching 

and student achievement in science, technology, 

engineering, and mathematics in kindergarten through 

grade 12; and 

(B) examine and synthesize the scientific evidence pertaining to the improvement of science, technology, 

engineering, and mathematics teaching and learning. 

(2) COMPOSITION OF NATIONAL PANEL.—The National 

Academy of Sciences shall ensure that the panel established 

under paragraph (1) represents scientists, engineers, mathematicians, technologists, computer and information technology 

experts, educators, principals, researchers with expertise in 

teaching and learning (including experts in cognitive science), 

and others with relevant expertise. The National Academy of 

Sciences shall ensure that the panel includes the following: 

(A) Representation of teachers and principals directly 

involved in teaching science, technology, engineering, and 

mathematics in kindergarten through grade 12. 

(B) Representation of teachers and principals from 

diverse demographic groups and geographic areas, 

including urban, suburban, and rural schools. 

(C) Representation of teachers and principals from 

public and private schools. 

(3) QUALIFICATION OF MEMBERS.—The members of the 

panel established under paragraph (1) shall be individuals who 

have expertise and experience relating to— 

(A) existing science, technology, engineering, and 

mathematics education programs; 

(B) developing and improving science, technology, 

engineering, and mathematics curricula content; 

(C) improving the academic achievement of students 

who are below grade level in science, technology, 

engineering, and mathematics fields; and 

Contracts. 

Deadline. 

20 USC 9841. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 641 

(D) research on teaching or learning. 

(c) AUTHORIZED ACTIVITIES OF NATIONAL PANEL.—The panel 

established under subsection (b) shall identify— 

(1) promising practices in the effective teaching and 

learning of science, technology, engineering, and mathematics 

topics in kindergarten through grade 12; 

(2) promising training and professional development techniques designed to help teachers increase their skills and expertise in improving student achievement in science, technology, 

engineering, and mathematics in kindergarten through grade 

12; 

(3) critical skills and skills progressions needed to enable 

students to acquire competence in science, technology, 

engineering, and mathematics and readiness for advanced secondary school and college level science, technology, engineering, 

and mathematics coursework; 

(4) processes by which students with varying degrees of 

prior academic achievement and backgrounds learn effectively 

in the science, technology, engineering, and mathematics fields; 

and 

(5) areas in which existing data about promising practices 

in science, technology, engineering, and mathematics education 

are insufficient. 

(d) REPORT.—The panel established under subsection (b) shall 

prepare a written report for the Secretary that presents the findings 

of the panel pursuant to this section and includes recommendations, 

based on the findings of the panel, to strengthen science, technology, 

engineering, and mathematics teaching and learning in kindergarten through grade 12. 

(e) DISSEMINATION.—The Secretary shall disseminate the report 

under subsection (d) to the public, State educational agencies, and 

local educational agencies, and shall make the information in such 

report available, in an easy to understand format, on the website 

of the Department. 

(f) SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS

PROMISING PRACTICES.— 

(1) RELIABILITY AND MEASUREMENT.—The promising practices in the teaching of science, technology, engineering, and 

mathematics in elementary schools and secondary schools collected under this section shall be— 

(A) reliable, valid, and grounded in scientifically valid 

research; 

(B) inclusive of the critical skills and skill progressions 

needed for students to acquire competence in science, technology, engineering, and mathematics; 

(C) reviewed regularly to assess effectiveness; and 

(D) reviewed in the context of State academic assessments and student academic achievement standards. 

(2) STUDENTS WITH DIVERSE LEARNING NEEDS.—In identifying promising practices under this section, the panel established under subsection (b) shall take into account the needs 

of students with diverse learning needs, particularly students 

with disabilities and students who are limited English proficient. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $1,200,000 for fiscal 

year 2008. 

Public 

information. 

Website. 

121 STAT. 642 PUBLIC LAW 110–69—AUG. 9, 2007 

Subtitle B—Mathematics 

SEC. 6201. MATH NOW FOR ELEMENTARY SCHOOL AND MIDDLE 

SCHOOL STUDENTS PROGRAM. 

(a) PURPOSE.—The purpose of this section is to enable all students to reach or exceed grade-level academic achievement standards and to prepare the students to enroll in and pass algebra 

courses by— 

(1) improving instruction in mathematics for students in 

kindergarten through grade 9 through the implementation of 

mathematics programs and the support of comprehensive 

mathematics initiatives that are research-based and reflect a 

demonstrated record of effectiveness; and 

(2) providing targeted help to low-income students who 

are struggling with mathematics and whose achievement is 

significantly below grade level. 

(b) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 

In this section, the term ‘‘eligible local educational agency’’ means 

a high-need local educational agency (as defined in section 6112(3)) 

serving 1 or more schools— 

(1) with significant numbers or percentages of students 

whose mathematics skills are below grade level; 

(2) that are not making adequate yearly progress in mathematics under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)); or 

(3) in which students are receiving instruction in mathematics from teachers who do not have mathematical content 

knowledge or expertise in the teaching of mathematics. 

(c) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—From the amounts appropriated under 

subsection (k) for any fiscal year, the Secretary is authorized 

to award grants, on a competitive basis, for a period of 3 

years, to State educational agencies to enable the State educational agencies to award grants to eligible local educational 

agencies to carry out the activities described in subsection 

(e) for students in any of the grades kindergarten through 

grade 9. 

(2) PRIORITY.—In awarding grants under this section, the 

Secretary shall give priority to applications for projects that 

will implement statewide strategies for improving mathematics 

instruction and raising the mathematics achievement of students, particularly students in grades 4 through 8. 

(d) STATE USES OF FUNDS.— 

(1) IN GENERAL.—Each State educational agency that 

receives a grant under this section for a fiscal year— 

(A) shall expend not more than a total of 10 percent 

of the grant funds to carry out the activities described 

in paragraph (2) or (3) for the fiscal year; and 

(B) shall use not less than 90 percent of the grant 

funds to award grants, on a competitive basis, to eligible 

local educational agencies to enable the eligible local educational agencies to carry out the activities described in 

subsection (e) for the fiscal year. 

(2) MANDATORY USES OF FUNDS.—A State educational 

agency shall use the grant funds made available under paragraph (1)(A) to carry out each of the following activities: 

Grants. 

20 USC 9851. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 643 

(A) PLANNING AND ADMINISTRATION.—Planning and 

administration, including— 

(i) evaluating applications from eligible local educational agencies using peer review teams described 

in subsection (f)(1)(D); 

(ii) administering the distribution of grants to 

eligible local educational agencies; and 

(iii) assessing and evaluating, on a regular basis, 

eligible local educational agency activities assisted 

under this section, with respect to whether the activities have been effective in increasing the number of 

students— 

(I) making progress toward meeting gradelevel mathematics achievement; and 

(II) meeting or exceeding grade-level mathematics achievement. 

(B) REPORTING.—Annually providing the Secretary 

with a report on the implementation of this section as 

described in subsection (i). 

(3) PERMISSIVE USES OF FUNDS; TECHNICAL ASSISTANCE.— 

(A) IN GENERAL.—A State educational agency may use 

the grant funds made available under paragraph (1)(A) 

for 1 or more of the following technical assistance activities 

that assist an eligible local educational agency, upon 

request by the eligible local educational agency, in accomplishing the tasks required to design and implement a 

project under this section, including assistance in— 

(i) implementing mathematics programs or comprehensive mathematics initiatives that are researchbased and reflect a demonstrated record of effectiveness; 

(ii) evaluating and selecting diagnostic and classroom based instructional mathematics assessments; 

and 

(iii) identifying eligible professional development 

providers to conduct the professional development 

activities described in subsection (e)(1)(B). 

(B) GUIDANCE.—The technical assistance described in 

subparagraph (A) shall be guided by researchers with 

expertise in the pedagogy of mathematics, mathematicians, 

and mathematics educators from high-risk, high-achievement schools and eligible local educational agencies. 

(e) LOCAL USES OF FUNDS.— 

(1) MANDATORY USES OF FUNDS.—Each eligible local educational agency receiving a grant under this section shall use 

the grant funds to carry out each of the following activities 

for students in any of the grades kindergarten through grade 

9: 

(A) To implement mathematics programs or comprehensive mathematics initiatives— 

(i) for students in the grades of a participating 

school as identified in the application submitted under 

subsection (f)(2)(B); and 

(ii) that are research-based and reflect a demonstrated record of effectiveness. 

(B) To provide professional development and instructional leadership activities for teachers and, if appropriate, 

121 STAT. 644 PUBLIC LAW 110–69—AUG. 9, 2007 

for administrators and other school staff, on the 

implementation of comprehensive mathematics initiatives 

designed— 

(i) to improve the achievement of students performing significantly below grade level; 

(ii) to improve the mathematical content knowledge of the teachers, administrators, and other school 

staff; 

(iii) to increase the use of effective instructional 

practices; and 

(iv) to monitor student progress. 

(C) To conduct continuous progress monitoring, which 

may include the adoption and use of assessments that— 

(i) measure student progress and identify areas 

in which students need help in learning mathematics; 

and 

(ii) reflect mathematics content that is consistent 

with State academic achievement standards in mathematics described in section 1111(b) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)). 

(2) PERMISSIVE USES OF FUNDS.—An eligible local educational agency may use grant funds under this section to— 

(A) adopt and use mathematics instructional materials 

and assessments; 

(B) implement classroom-based assessments, including 

diagnostic or formative assessments; 

(C) provide remedial coursework and interventions for 

students, which may be provided before or after school; 

(D) provide small groups with individualized instruction in mathematics; 

(E) conduct activities designed to improve the content 

knowledge and expertise of teachers, such as the use of 

a mathematics coach, enrichment activities, and interdisciplinary methods of mathematics instruction; and 

(F) collect and report performance data. 

(f) APPLICATIONS.— 

(1) STATE EDUCATIONAL AGENCY.—Each State educational 

agency desiring a grant under this section shall submit an 

application to the Secretary at such time and in such manner 

as the Secretary may require. Each application shall include— 

(A) an assurance that the core mathematics instructional program, supplemental instructional materials, and 

intervention programs used by the eligible local educational 

agencies for the project, are research-based and reflect 

a demonstrated record of effectiveness and are aligned 

with State academic achievement standards; 

(B) an assurance that eligible local educational agencies will meet the requirements described in paragraph 

(2); 

(C) an assurance that local applications will be evaluated using a peer review process; 

(D) a description of the qualifications of the peer review 

teams, which shall consist of— 

(i) researchers with expertise in the pedagogy of 

mathematics; 

(ii) mathematicians; and 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 645 

(iii) mathematics educators serving high-risk, highachievement schools and eligible local educational 

agencies; and 

(E) an assurance that the State has a process to safeguard against conflicts of interest consistent with subsection (j)(2) and section 6204 for individuals providing 

technical assistance on behalf of the State educational 

agency or participating in the State peer review process 

under this subtitle. 

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—Each eligible 

local educational agency desiring a grant under this section 

shall submit an application to the State educational agency 

at such time and in such manner as the State educational 

agency may require. Each application shall include— 

(A) an assurance that the eligible local educational 

agency will provide assistance to 1 or more schools that 

are— 

(i) served by the eligible local educational agency; 

and 

(ii) described in section 6201(b); 

(B) a description of the grades, and of the schools, 

that will be served; 

(C) information, on an aggregate basis, on each school 

to be served by the project, including such demographic, 

socioeconomic, and mathematics achievement data as the 

State educational agency may request; 

(D) a description of the core mathematics instructional 

program, supplemental instructional materials, and intervention programs or strategies that will be used for the 

project, including an assurance that the programs or strategies are research-based and reflect a demonstrated record 

of effectiveness and are aligned with State academic 

achievement standards; 

(E) a description of the activities that will be carried 

out under the grant, including a description of the professional development that will be provided to teachers, and, 

if appropriate, administrators and other school staff, and 

a description of how the activities will support achievement 

of the purpose of this section; 

(F) an assurance that the eligible local educational 

agency will report to the State educational agency all data 

on student academic achievement that is necessary for 

the State educational agency’s report under subsection (i); 

(G) a description of the eligible entity’s plans for evaluating the impact of professional development and leadership activities in mathematics on the content knowledge 

and expertise of teachers, administrators, or other school 

staff; and 

(H) any other information the State educational agency 

may reasonably require. 

(g) PROHIBITIONS.— (1) IN GENERAL.—In implementing this section, the Secretary shall not— 

(A) endorse, approve, or sanction any mathematics curriculum designed for use in any school; or 

(B) engage in oversight, technical assistance, or activities that will require the adoption of a specific mathematics 

121 STAT. 646 PUBLIC LAW 110–69—AUG. 9, 2007 

program or instructional materials by a State, local educational agency, or school. 

(2) RULE OF CONSTRUCTION.—Nothing in this subtitle shall 

be construed to authorize or permit the Department of Education, or a Department of Education contractor, to mandate, 

direct, control, or suggest the selection of a mathematics curriculum, supplemental instructional materials, or program of 

instruction by a State, local educational agency, or school. 

(h) MATCHING REQUIREMENTS.— (1) STATE EDUCATIONAL AGENCY.—A State educational 

agency that receives a grant under this section shall provide, 

from non-Federal sources, an amount equal to 50 percent of 

the amount of the grant, in cash or in kind, to carry out 

the activities supported by the grant, of which not more than 

20 percent of such 50 percent may be provided by local educational agencies within the State. 

(2) WAIVER.—The Secretary may waive all of or a portion 

of the matching requirement described in paragraph (1) for 

any fiscal year, if the Secretary determines that— 

(A) the application of the matching requirement will 

result in serious hardship for the State educational agency; 

or 

(B) providing a waiver best serves the purpose of the 

program assisted under this section. 

(i) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— 

(1) INFORMATION.—Each State educational agency receiving 

a grant under this section shall collect and report to the Secretary annually such information on the results of the grant 

as the Secretary may reasonably require, including information 

on— 

(A) mathematics achievement data that show the 

progress of students participating in projects under this 

section (including, to the extent practicable, comparable 

data from students not participating in such projects), 

based primarily on the results of State, school district 

wide, or classroom-based, assessments, including— 

(i) specific identification of those schools and 

eligible local educational agencies that report the 

largest gains in mathematics achievement; and 

(ii) evidence on whether the State educational 

agency and eligible local educational agencies within 

the State have— 

(I) significantly increased the number of students achieving at grade level or above in mathematics; 

(II) significantly increased the percentages of 

students described in section 1111(b)(2)(C)(v)(II) 

of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) who are 

achieving at grade level or above in mathematics; 

(III) significantly increased the number of students making significant progress toward meeting 

grade-level mathematics achievement standards; 

and 

(IV) successfully implemented this section; 

(B) the percentage of students in the schools served 

by the eligible local educational agency who enroll in 

Reports. 

Deadline. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 647 

algebra courses and the percentage of such students who 

pass algebra courses; and 

(C) the progress made in increasing the quality and 

accessibility of professional development and leadership 

activities in mathematics, especially activities resulting in 

greater content knowledge and expertise of teachers, 

administrators, and other school staff, except that the Secretary shall not require such information until after the 

third year of a grant awarded under this section. 

(2) REPORTING AND DISAGGREGATION.—The information 

required under paragraph (1) shall be— 

(A) reported in a manner that allows for a comparison 

of aggregated score differentials of student academic 

achievement before (to the extent feasible) and after 

implementation of the project assisted under this section; 

and 

(B) disaggregated in the same manner as information 

is disaggregated under section 1111(h)(1)(C)(i) of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(h)(1)(C)(i)). 

(3) PRIVACY PROTECTION.—The data in the report shall 

be reported in a manner that— 

(A) protects the privacy of individuals; and 

(B) complies with the requirements of section 444 of 

the General Education Provisions Act (20 U.S.C. 1232g) 

(commonly known as the Family Educational Rights and 

Privacy Act of 1974). 

(j) EVALUATION AND TECHNICAL ASSISTANCE.— 

(1) EVALUATION.— 

(A) IN GENERAL.—The Secretary shall conduct an 

annual independent evaluation, by grant or by contract, 

of the program assisted under this section, which shall 

include an assessment of the impact of the program on 

student academic achievement and teacher performance, 

and may use funds available to carry out this section 

to conduct the evaluation. 

(B) REPORT.—The Secretary shall annually submit, to 

the Committee on Education and Labor and the Committee 

on Appropriations of the House of Representatives, and 

to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, 

a report on the results of the evaluation. 

(C) LIMITATIONS.— 

(i) IN GENERAL.—The Secretary shall ensure that 

the organization selected to carry out the independent 

evaluation under subparagraph (A) does not hold a 

contract or subcontract to implement any aspect of 

the program under this section. 

(ii) SUBCONTRACTORS.—Any contract entered into 

under subparagraph (A) shall prohibit the organization 

conducting the evaluation from subcontracting with 

any entity that holds a contract or subcontract for 

any aspect of the implementation of this section. 

(iii) WAIVER.—Subject to clause (iv), the Secretary 

may waive the application of clause (i) or (ii), or both, 

in accordance with the requirements under section 

9.503 of title 48, Code of Federal Regulations, if the 

Grants. 

Contracts. 

121 STAT. 648 PUBLIC LAW 110–69—AUG. 9, 2007 

Secretary determines that their application in a particular situation would not be in the Federal Government’s interest. 

(iv) SPECIAL RULE REGARDING WAIVERS.—No 

organization or subcontractor under this paragraph 

shall receive a waiver that allows the organization 

or subcontractor to evaluate any aspect of the program 

under this section that the organization or subcontractor was involved in implementing. 

(2) TECHNICAL ASSISTANCE.— (A) IN GENERAL.—The Secretary may use funds made 

available under paragraph (3) to provide technical assistance to prospective applicants and to eligible local educational agencies receiving a grant under this section. 

(B) CONFLICTS OF INTEREST.—If the Secretary carries 

out subparagraph (A) through any contracts, the Secretary, 

in consultation with the Office of the General Counsel 

of the Department, shall ensure that each contract requires 

the contractor to— 

(i) screen for conflicts of interest when hiring 

individuals to carry out the responsibilities under the 

contract; 

(ii) include the requirement of clause (i) in any 

subcontracts the contractor enters into under the contract; and 

(iii) establish and follow a schedule for carrying 

out clause (i) and subparagraph (C) and reporting to 

the Secretary on the contractor’s actions under those 

provisions. 

(C) SCREENING PROCESS.—Subject to subparagraph (D), 

the screening process described in subparagraph (B)(i) 

shall— 

(i) include, at a minimum, a review of— 

(I) each individual performing duties under 

the contract or subcontract for connections to any 

State’s program under this section; 

(II) such individual’s potential financial 

interests in, or other connection to, products, 

activities, or services that might be purchased by 

a State educational agency or local educational 

agency in the course of the agency’s implementation of the program under this section; and 

(III) such individual’s connections to teaching 

methodologies that might require the use of specific products, activities, or services; and 

(ii) ensure that individuals performing duties 

under the contract do not maintain significant financial 

interests in products, activities, or services supported 

under this section. 

(D) WAIVER.— 

(i) IN GENERAL.—The Secretary may, in consultation with the Office of the General Counsel of the 

Department, waive the requirements of subparagraph 

(C). 

(ii) REPORT.—The Secretary shall— 

(I) establish criteria for the waivers under 

clause (i); and 

Criteria. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 649 

(II) report any waivers under clause (i), and 

the criteria under which such waivers are allowed, 

to the Committee on Education and Labor of the 

House of Representatives and the Committee on 

Health, Education, Labor, and Pensions of the 

Senate. 

(E) INFORMATION DISSEMINATION.— (i) IN GENERAL.—If the Secretary enters into contracts to provide technical assistance under subparagraph (A), and if a contractor enters into subcontracts 

for that purpose, each such contract and subcontract 

shall require the provider of technical assistance to 

clearly separate technical assistance provided under 

the contract or subcontract from information provided, 

or activities engaged in, as part of the normal operations of the contractor or subcontractor. 

(ii) METHODS OF COMPLIANCE.—Efforts to comply 

with clause (i) may include the creation of separate 

webpages for the purpose of fulfilling a contract or 

subcontract entered into under subparagraph (A). 

(3) RESERVATION OF FUNDS.—The Secretary may reserve 

not more than 2.5 percent of funds appropriated under subsection (k) for a fiscal year to carry out this subsection. 

(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $95,000,000 for fiscal 

year 2008, and such sums as may be necessary for each of the 

2 succeeding fiscal years. 

SEC. 6202. SUMMER TERM EDUCATION PROGRAMS. 

(a) PURPOSE.—The purpose of this section is to create opportunities for summer learning by providing students with access to 

summer learning in mathematics, technology, and problem-solving 

to ensure that students do not experience learning losses over 

the summer and to remedy, reinforce, and accelerate the learning 

of mathematics and problem-solving. 

(b) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an 

entity that— 

(A) desires to participate in a summer learning grant 

program under this section by providing summer learning 

opportunities described in subsection (d)(4)(A)(ii) to eligible 

students; and 

(B) is— 

(i) a high-need local educational agency; or 

(ii) a consortium consisting of a high-need local 

educational agency and 1 or more of the following 

entities: 

(I) Another local educational agency. 

(II) A community-based youth development 

organization with a demonstrated record of 

effectiveness in helping students learn. 

(III) An institution of higher education. 

(IV) An educational service agency. 

(V) A for-profit educational provider, nonprofit 

organization, science center, museum, or summer 

enrichment camp, that has been approved by the 

State educational agency to provide the summer 

20 USC 9852. 

Waivers. 

121 STAT. 650 PUBLIC LAW 110–69—AUG. 9, 2007 

learning opportunity described in subsection 

(d)(4)(A)(ii). 

(2) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means 

a student who— 

(A) is eligible for a free lunch under the Richard B. 

Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 

and 

(B) is served by a local educational agency identified 

by the State educational agency in the application described 

in subsection (c)(2). 

(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ has the meaning given 

the term in section 6112. 

(c) DEMONSTRATION GRANT PROGRAM.— (1) PROGRAM AUTHORIZED.— (A) IN GENERAL.—From the funds appropriated under 

subsection (f) for a fiscal year, the Secretary shall carry 

out a demonstration grant program in which the Secretary 

awards grants, on a competitive basis, to State educational 

agencies to enable the State educational agencies to pay 

the Federal share of summer learning grants for eligible 

students. 

(B) NUMBER OF GRANTS.—For each fiscal year, the 

Secretary shall award not more than 5 grants under this 

section. 

(2) APPLICATION.—A State educational agency that desires 

to receive a grant under this section shall submit an application 

to the Secretary at such time, in such manner, and accompanied 

by such information as the Secretary may require. Such application shall identify the areas in the State where the summer 

learning grant program will be offered and the local educational 

agencies that serve such areas. 

(3) AWARD BASIS.— 

(A) SPECIAL CONSIDERATION.—In awarding grants 

under this section, the Secretary shall give special consideration to a State educational agency that agrees, to the 

extent possible, to enter into agreements with eligible entities that are consortia described in subsection (b)(1)(B)(ii) 

and that proposes to target services to children in grades 

kindergarten through grade 8. 

(B) GEOGRAPHIC DISTRIBUTION.—In awarding grants 

under this section, the Secretary shall take into consideration an equitable geographic distribution of the grants. 

(d) SUMMER LEARNING GRANTS.— 

(1) USE OF GRANTS FOR SUMMER LEARNING GRANTS.— 

(A) IN GENERAL.—Each State educational agency that 

receives a grant under subsection (c) for a fiscal year shall 

use the grant funds to provide summer learning grants 

for the fiscal year to eligible students in the State who 

desire to attend a summer learning opportunity offered 

by an eligible entity that enters into an agreement with 

the State educational agency under paragraph (4)(A). 

(B) AMOUNT; FEDERAL AND NON-FEDERAL SHARES.— 

(i) AMOUNT.—The amount of a summer learning 

grant provided under this section shall be— 

(I) for each of the fiscal years 2008 through 

2011, $1,600; and 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 651 

(II) for fiscal year 2012, $1,800. 

(ii) FEDERAL SHARE.—The Federal share of each 

summer learning grant shall be not more than 50 

percent of the amount of the summer learning grant 

determined under clause (i). 

(iii) NON-FEDERAL SHARE.—The non-Federal share 

of each summer learning grant shall be not less than 

50 percent of the amount of the summer learning grant 

determined under clause (i), and shall be provided 

from non-Federal sources. 

(2) DESIGNATION OF SUMMER SCHOLARS.—Eligible students 

who receive summer learning grants under this section shall 

be known as ‘‘summer scholars’’. 

(3) SELECTION OF SUMMER LEARNING OPPORTUNITY.— (A) DISSEMINATION OF INFORMATION.—A State educational agency that receives a grant under subsection 

(c) shall disseminate information about summer learning 

opportunities and summer learning grants to the families 

of eligible students in the State. 

(B) APPLICATION.—The parents of an eligible student 

who are interested in having their child participate in 

a summer learning opportunity and receive a summer 

learning grant shall submit an application to the State 

educational agency that includes a ranked list of preferred 

summer learning opportunities. 

(C) PROCESS.—A State educational agency that receives 

an application under subparagraph (B) shall— 

(i) process such application; 

(ii) determine whether the eligible student shall 

receive a summer learning grant; 

(iii) coordinate the assignment of eligible students 

receiving summer learning grants with summer 

learning opportunities; and 

(iv) if demand for a summer learning opportunity 

exceeds capacity, the State educational agency shall 

prioritize applications to low-achieving eligible students. 

(D) FLEXIBILITY.—A State educational agency may 

assign a summer scholar to a summer learning opportunity 

program that is offered in an area served by a local educational agency that is not the local educational agency 

serving the area where such scholar resides. 

(E) REQUIREMENT OF ACCEPTANCE.—An eligible entity 

shall accept, enroll, and provide the summer learning 

opportunity of such entity to, any summer scholar assigned 

to such summer learning opportunity by a State educational agency pursuant to this subsection. 

(4) AGREEMENT WITH ELIGIBLE ENTITY.— 

(A) IN GENERAL.—A State educational agency shall 

enter into an agreement with one or more eligible entities 

offering a summer learning opportunity, under which— 

(i) the State educational agency shall agree to 

make payments to the eligible entity, in accordance 

with subparagraph (B), for a summer scholar; and 

(ii) the eligible entity shall agree to provide the 

summer scholar with a summer learning opportunity 

that— 

121 STAT. 652 PUBLIC LAW 110–69—AUG. 9, 2007 

(I) provides a total of not less than the equivalent of 30 full days of instruction (or not less 

than the equivalent of 25 full days of instruction, 

if the equivalent of an additional 5 days is devoted 

to field trips or other enrichment opportunities) 

to the summer scholar; 

(II) employs small-group, research-based educational programs, materials, curricula, and practices; 

(III) provides a curriculum that— 

(aa) emphasizes mathematics, technology, 

engineering, and problem-solving through 

experiential learning opportunities; 

(bb) is primarily designed to increase the 

numeracy and problem-solving skills of the 

summer scholar; and 

(cc) is aligned with State academic content 

standards and goals of the local educational 

agency serving the summer scholar; 

(IV) measures student progress to determine 

the gains made by summer scholars in the summer 

learning opportunity, and disaggregates the results 

of such progress for summer scholars by race and 

ethnicity, economic status, limited English proficiency status, and disability status, in order to 

determine the opportunity’s impact on each subgroup of summer scholars; 

(V) collects daily attendance data on each 

summer scholar; 

(VI) provides professional development 

opportunities for teachers to improve their practice 

in teaching numeracy, and in integrating problemsolving techniques into the curriculum; and 

(VII) meets all applicable Federal, State, and 

local civil rights laws. 

(B) AMOUNT OF PAYMENT.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

a State educational agency shall make a payment to 

an eligible entity for a summer scholar in the amount 

determined under paragraph (1)(B)(i). 

(ii) ADJUSTMENT.—In the case in which a summer 

scholar does not attend the full summer learning opportunity, the State educational agency shall reduce the 

amount provided to the eligible entity pursuant to 

clause (i) by a percentage that is equal to the percentage of the summer learning opportunity not attended 

by such scholar. 

(5) ADMINISTRATIVE COSTS.—A State educational agency 

or eligible entity receiving funding under this section may 

use not more than 5 percent of such funding for administrative 

costs associated with carrying out this section. 

(e) EVALUATIONS; REPORT; WEBSITE.— 

(1) EVALUATION AND ASSESSMENT.—For each year that an 

eligible entity enters into an agreement under subsection (d)(4), 

the eligible entity shall prepare and submit to the Secretary 

a report on the activities and outcomes of each summer learning 

opportunity that enrolled a summer scholar, including— 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 653 

(A) information on the design of the summer learning 

opportunity; 

(B) the alignment of the summer learning opportunity 

with State standards; and 

(C) data from assessments of student mathematics and 

problem-solving skills for the summer scholars and on the 

attendance of the scholars, disaggregated by the subgroups 

described in subsection (d)(4)(A)(ii)(IV). 

(2) REPORT.—For each year funds are appropriated under 

subsection (f) for this section, the Secretary shall prepare and 

submit a report to the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Education 

and Labor of the House of Representatives on the summer 

learning grant programs, including the effectiveness of the 

summer learning opportunities in improving student achievement and learning. 

(3) SUMMER LEARNING GRANTS WEBSITE.—The Secretary 

shall make accessible, on the Department of Education website, 

information for parents and school personnel on successful programs and curricula, and best practices, for summer learning 

opportunities. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may 

be necessary for fiscal year 2008 and each of the 2 succeeding 

fiscal years. 

SEC. 6203. MATH SKILLS FOR SECONDARY SCHOOL STUDENTS. 

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

(1) to provide assistance to State educational agencies and 

local educational agencies in implementing effective researchbased mathematics programs for students in secondary schools, 

including students with disabilities and students with limited 

English proficiency; 

(2) to improve instruction in mathematics for students in 

secondary school through the implementation of mathematics 

programs and the support of comprehensive mathematics initiatives that are based on the best available evidence of effectiveness; 

(3) to provide targeted help to low-income students who 

are struggling with mathematics and whose achievement is 

significantly below grade level; and 

(4) to provide in-service training for mathematics coaches 

who can assist secondary school teachers to utilize researchbased mathematics instruction to develop and improve students’ 

mathematical abilities and knowledge, and assist teachers in 

assessing and improving student academic achievement. 

(b) DEFINITIONS.—In this section: 

(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The term 

‘‘eligible local educational agency’’ means a local educational 

agency that is eligible to receive funds, and that is receiving 

funds, under part A of title I of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6311 et seq.). 

(2) MATHEMATICS COACH.—The term ‘‘mathematics coach’’ 

means a certified or licensed teacher, with a demonstrated 

effectiveness in teaching mathematics to students with specialized needs in mathematics and improving student academic 

20 USC 9853. 

121 STAT. 654 PUBLIC LAW 110–69—AUG. 9, 2007 

achievement in mathematics, a command of mathematical content knowledge, and the ability to work with classroom teachers 

to improve the teachers’ instructional techniques to support 

mathematics improvement, who works on site at a school— 

(A) to train teachers to better assess student learning 

in mathematics; 

(B) to train teachers to assess students’ mathematics 

skills and identify students who need remediation; and 

(C) to provide or assess remedial mathematics instruction, including for— 

(i) students in after-school and summer school programs; 

(ii) students requiring additional instruction; 

(iii) students with disabilities; and 

(iv) students with limited English proficiency. 

(c) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—From funds appropriated under subsection (o) for a fiscal year, the Secretary shall establish a 

program, in accordance with the requirements of this section, 

that will provide grants on a competitive basis to State educational agencies to award grants and subgrants to eligible 

local educational agencies for the purpose of establishing mathematics programs to improve the overall mathematics performance of secondary school students in the State. 

(2) LENGTH OF GRANT.—A grant to a State educational 

agency under this section shall be awarded for a period of 

3 years. 

(d) RESERVATION OF FUNDS BY THE SECRETARY.—From amounts 

appropriated under subsection (o) for a fiscal year, the Secretary 

may reserve— 

(1) not more than 3 percent of such amounts to fund 

national activities in support of the programs assisted under 

this section, such as research and dissemination of best practices, except that the Secretary may not use the reserved funds 

to award grants directly to local educational agencies; and 

(2) not more than 1⁄2 of 1 percent of such amounts for 

the Bureau of Indian Education of the Department of the 

Interior to carry out the services and activities described in 

subsection (k)(3) for Indian children. 

(e) GRANT FORMULAS.— 

(1) COMPETITIVE GRANTS TO STATE EDUCATIONAL AGENCIES.—From amounts appropriated under subsection (o) and 

not reserved under subsection (d), the Secretary shall award 

grants, on a competitive basis, to State educational agencies 

to enable the State educational agencies to provide subgrants 

to eligible local educational agencies to establish mathematics 

programs for the purpose of improving overall mathematics 

performance among students in secondary school in the State. 

(2) MINIMUM GRANT.—The Secretary shall ensure that the 

minimum grant made to any State educational agency under 

this section shall be not less than $500,000. 

(f) APPLICATIONS.—In order to receive a grant under this section, a State educational agency shall submit an application to 

the Secretary at such time, in such manner, and accompanied 

by such information as the Secretary may require. Each such 

application shall meet the following conditions: 

Grants. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 655 

(1) A State educational agency shall not include the application for assistance under this section in a consolidated application submitted under section 9302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7842). 

(2) The State educational agency’s application shall include 

assurances that such application and any technical assistance 

provided by the State will be guided by a peer review team, 

which shall consist of— 

(A) researchers with expertise in the pedagogy of 

mathematics; 

(B) mathematicians; and 

(C) mathematics educators serving high-risk, highachievement schools and eligible local educational agencies. 

(3) The State educational agency shall include an assurance 

that the State has a process to safeguard against conflicts 

of interest consistent with subsection (m)(2) and section 6204 

for individuals providing technical assistance on behalf of the 

State educational agency or participating in the State peer 

review process under this subtitle. 

(4) The State educational agency will participate, if 

requested, in any evaluation of the State educational agency’s 

program under this section. 

(5) The State educational agency’s application shall include 

a program plan that contains a description of the following: 

(A) How the State educational agency will assist 

eligible local educational agencies in implementing subgrants, including providing ongoing professional development for mathematics coaches, teachers, paraprofessionals, 

and administrators. 

(B) How the State educational agency will help eligible 

local educational agencies identify high-quality screening, 

diagnostic, and classroom-based instructional mathematics 

assessments. 

(C) How the State educational agency will help eligible 

local educational agencies identify high-quality researchbased mathematics materials and programs. 

(D) How the State educational agency will help eligible 

local educational agencies identify appropriate and effective 

materials, programs, and assessments for students with 

disabilities and students with limited English proficiency. 

(E) How the State educational agency will ensure that 

professional development funded under this section— 

(i) is based on mathematics research; 

(ii) will effectively improve instructional practices 

for mathematics for secondary school students; 

(iii) will improve student academic achievement 

in mathematics; and 

(iv) is coordinated with professional development 

activities funded through other programs, including 

section 2113 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613). 

(F) How funded activities will help teachers and other 

instructional staff to implement research-based components 

of mathematics instruction and improve student academic 

achievement. 

(G) The subgrant process the State educational agency 

will use to ensure that eligible local educational agencies 

121 STAT. 656 PUBLIC LAW 110–69—AUG. 9, 2007 

receiving subgrants implement programs and practices 

based on mathematics research. 

(H) How the State educational agency will build on 

and promote coordination among mathematics programs 

in the State to increase overall effectiveness in improving 

mathematics instruction and student academic achievement, including for students with disabilities and students 

with limited English proficiency. 

(I) How the State educational agency will regularly 

assess and evaluate the effectiveness of the eligible local 

educational agency activities funded under this section. 

(g) STATE USE OF FUNDS.—Each State educational agency 

receiving a grant under this section shall— 

(1) establish a peer review team comprised of researchers 

with expertise in the pedagogy of mathematics, mathematicians, and mathematics educators from high-risk, high-achievement schools, to provide guidance to eligible local educational 

agencies in selecting or developing and implementing appropriate, research-based mathematics programs for secondary 

school students; 

(2) use 80 percent of the grant funds received under this 

section for a fiscal year to fund high-quality applications for 

subgrants to eligible local educational agencies having applications approved under subsection (k); and 

(3) use 20 percent of the grant funds received under this 

section— 

(A) to carry out State-level activities described in the 

application submitted under subsection (f); 

(B) to provide— 

(i) technical assistance to eligible local educational 

agencies; and 

(ii) high-quality professional development to 

teachers and mathematics coaches in the State; 

(C) to oversee and evaluate subgrant services and 

activities undertaken by the eligible local educational agencies as described in subsection (k)(3); and 

(D) for administrative costs, of which not more than 

5 percent of the grant funds may be used for planning, 

administration, and reporting. 

(h) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—Each 

State educational agency receiving a grant under this section shall 

provide notice to all eligible local educational agencies in the State 

about the availability of subgrants under this section. 

(i) PROHIBITIONS.— 

(1) IN GENERAL.—In implementing this section, the Secretary shall not— 

(A) endorse, approve, or sanction any mathematics curriculum designed for use in any school; or 

(B) engage in oversight, technical assistance, or activities that will require the adoption of a specific mathematics 

program or instructional materials by a State, local educational agency, or school. 

(2) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed to authorize or permit the Secretary, Department 

of Education, or a Department of Education contractor, to mandate, direct, control, or suggest the selection of a mathematics 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 657 

curriculum, supplemental instructional materials, or program 

of instruction by a State, local educational agency, or school. 

(j) SUPPLEMENT NOT SUPPLANT.—Each State educational 

agency receiving a grant under this section shall use the grant 

funds to supplement, not supplant, State funding for activities 

authorized under this section or for other educational activities. 

(k) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— (1) APPLICATION.— (A) IN GENERAL.—Each eligible local educational 

agency desiring a subgrant under this subsection shall 

submit an application to the State educational agency in 

the form and according to the schedule established by 

the State educational agency. 

(B) CONTENTS.—In addition to any information 

required by the State educational agency, each application 

under subparagraph (A) shall demonstrate how the eligible 

local educational agency will carry out the following 

required activities: 

(i) Development or selection and implementation 

of research-based mathematics assessments. 

(ii) Development or selection and implementation 

of research-based mathematics programs, including 

programs for students with disabilities and students 

with limited English proficiency. 

(iii) Selection of instructional materials based on 

mathematics research. 

(iv) High-quality professional development for 

mathematics coaches and teachers based on mathematics research. 

(v) Evaluation and assessment strategies. 

(vi) Reporting. 

(vii) Providing access to research-based mathematics materials. 

(C) CONSORTIA.—Consistent with State law, an eligible 

local educational agency may apply to the State educational 

agency for a subgrant as a member of a consortium of 

local educational agencies if each member of the consortium 

is an eligible local educational agency. 

(2) AWARD BASIS.— 

(A) PRIORITY.—A State educational agency awarding 

subgrants under this subsection shall give priority to 

eligible local educational agencies that— 

(i) are among the local educational agencies in 

the State with the lowest graduation rates, as 

described in section 1111(b)(2)(C)(vi) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 

6311(b)(2)(C)(vi)); and 

(ii) have the highest number or percentage of students who are counted under section 1124(c) of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6333(c)). 

(B) AMOUNT OF GRANTS.—Subgrants under this subsection shall be of sufficient size and scope to enable eligible 

local educational agencies to fully implement activities 

assisted under this subsection. 

(3) LOCAL USE OF FUNDS.—Each eligible local educational 

agency receiving a subgrant under this subsection shall use 

121 STAT. 658 PUBLIC LAW 110–69—AUG. 9, 2007 

the subgrant funds to carry out, at the secondary school level, 

the following services and activities: 

(A) Hiring mathematics coaches and providing professional development for mathematics coaches— 

(i) at a level to provide effective coaching to classroom teachers; 

(ii) to work with classroom teachers to better 

assess student academic achievement in mathematics; 

(iii) to work with classroom teachers to identify 

students with mathematics problems and, where 

appropriate, refer students to available programs for 

remediation and additional services; 

(iv) to work with classroom teachers to diagnose 

and remediate mathematics difficulties of the lowestperforming students, so that those teachers can provide 

intensive, research-based instruction, including during 

after-school and summer sessions, geared toward 

ensuring that those students can access and be successful in rigorous academic coursework; and 

(v) to assess and organize student data on mathematics and communicate that data to school administrators to inform school reform efforts. 

(B) Reviewing, analyzing, developing, and, where possible, adapting curricula to make sure mathematics skills 

are taught within other core academic subjects. 

(C) Providing mathematics professional development 

for all relevant teachers in secondary school, as necessary, 

that addresses both remedial and higher level mathematics 

skills for students in the applicable curriculum. 

(D) Providing professional development for teachers, 

administrators, and paraprofessionals serving secondary 

schools to help the teachers, administrators, and paraprofessionals improve student academic achievement in 

mathematics. 

(E) Procuring and implementing programs and instructional materials based on mathematics research, including 

software and other education technology related to mathematics instruction with demonstrated effectiveness in 

improving mathematics instruction and student academic 

achievement. 

(F) Building on and promoting coordination among 

mathematics programs in the eligible local educational 

agency to increase overall effectiveness in— 

(i) improving mathematics instruction; and 

(ii) increasing student academic achievement, 

including for students with disabilities and students 

with limited English proficiency. 

(G) Evaluating the effectiveness of the instructional 

strategies, teacher professional development programs, and 

other interventions that are implemented under the 

subgrant. 

(H) Measuring improvement in student academic 

achievement, including through progress monitoring or 

other assessments. 

(4) SUPPLEMENT NOT SUPPLANT.—Each eligible local educational agency receiving a subgrant under this subsection shall 

use the subgrant funds to supplement, not supplant, the eligible 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 659 

local educational agency’s funding for activities authorized 

under this section or for other educational activities. 

(5) NEW SERVICES AND ACTIVITIES.—Subgrant funds provided under this subsection may be used only to provide services 

and activities authorized under this section that were not provided on the day before the date of enactment of this Act. 

(6) EVALUATIONS.—Each eligible local educational agency 

receiving a grant under this subsection shall participate, as 

requested by the State educational agency or the Secretary, 

in reviews and evaluations of the programs of the eligible 

local educational agency and the effectiveness of such programs, 

and shall provide such reports as are requested by the State 

educational agency and the Secretary. 

(l) MATCHING REQUIREMENTS.— (1) STATE EDUCATIONAL AGENCY REQUIREMENTS.—A State 

educational agency that receives a grant under this section 

shall provide, from non-Federal sources, an amount equal to 

50 percent of the amount of the grant, in cash or in-kind, 

to carry out the activities supported by the grant, of which 

not more than 20 percent of such 50 percent may be provided 

by local educational agencies within the State. 

(2) WAIVER.—The Secretary may waive all or a portion 

of the matching requirements described in paragraph (1) for 

any fiscal year, if the Secretary determines that— 

(A) the application of the matching requirement will 

result in serious hardship for the State educational agency; 

or 

(B) providing a waiver best serves the purpose of the 

program assisted under this section. 

(m) EVALUATION AND TECHNICAL ASSISTANCE.— 

(1) EVALUATION.— 

(A) IN GENERAL.—The Secretary shall conduct an 

annual independent evaluation, by grant or by contract, 

of the program assisted under this section, which shall 

include an assessment of the impact of the program on 

student academic achievement and teacher performance, 

and may use funds available to carry out this section 

to conduct the evaluation. 

(B) REPORT.—The Secretary shall annually submit to 

the Committee on Education and Labor and the Committee 

on Appropriations of the House of Representatives, and 

to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, 

a report on the results of the evaluation. 

(C) LIMITATIONS.— 

(i) IN GENERAL.—The Secretary shall ensure that 

the organization selected to carry out the independent 

evaluation under subparagraph (A) does not hold a 

contract or subcontract to implement any aspect of 

the program under this section. 

(ii) SUBCONTRACTORS.—Any contract entered into 

under subparagraph (A) shall prohibit the organization 

conducting the evaluation from subcontracting with 

any entity that holds a contract or subcontract for 

any aspect of the implementation of this section. 

(iii) WAIVER.—Subject to clause (iv), the Secretary 

may waive the application of clause (i) or (ii), or both, 

Grants. 

Contracts. 

Reports. 

121 STAT. 660 PUBLIC LAW 110–69—AUG. 9, 2007 

in accordance with the requirements under section 

9.503 of title 48, Code of Federal Regulations, if the 

Secretary determines that their application in a particular situation would not be in the Federal Government’s interest. 

(iv) SPECIAL RULE REGARDING WAIVERS.—No 

organization or subcontractor under this paragraph 

shall receive a waiver that allows the organization 

or subcontractor to evaluate any aspect of the program 

under this section that the organization or subcontractor was involved in implementing. 

(2) TECHNICAL ASSISTANCE.— (A) IN GENERAL.—The Secretary may use funds made 

available under paragraph (3) to provide technical assistance to prospective applicants and to State educational 

agencies and eligible local educational agencies receiving 

grants or subgrants under this section. 

(B) CONFLICTS OF INTEREST.—If the Secretary carries 

out subparagraph (A) through any contracts, the Secretary, 

in consultation with the Office of the General Counsel 

of the Department, shall ensure that each contract requires 

the contractor to— 

(i) screen for conflicts of interest when hiring 

individuals to carry out the responsibilities under the 

contract; 

(ii) include the requirement of clause (i) in any 

subcontracts the contractor enters into under the contract; and 

(iii) establish and follow a schedule for carrying 

out clause (i) and subparagraph (C) and reporting to 

the Secretary on the contractor’s actions under those 

provisions. 

(C) SCREENING PROCESS.—Subject to subparagraph (D), 

the screening process described in subparagraph (B)(i) 

shall— 

(i) include, at a minimum, a review of— 

(I) each individual performing duties under 

the contract or subcontract for connections to any 

State’s program under this section; 

(II) such individual’s potential financial 

interests in, or other connection to, products, 

activities, or services that might be purchased by 

a State educational agency or local educational 

agency in the course of the agency’s implementation of the program under this section; and 

(III) such individual’s connections to teaching 

methodologies that might require the use of specific products, activities, or services; and 

(ii) ensure that individuals performing duties 

under the contract do not maintain significant financial 

interests in products, activities, or services supported 

under this section. 

(D) WAIVER.— 

(i) IN GENERAL.—The Secretary may, in consultation with the Office of the General Counsel of the 

Department, waive the requirements of subparagraph 

(C). 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 661 

(ii) REPORT.—The Secretary shall— 

(I) establish criteria for the waivers under 

clause (i); and 

(II) report any waivers under clause (i), and 

the criteria under which such waivers are allowed, 

to the Committee on Education and Labor of the 

House of Representatives and the Committee on 

Health, Education, Labor, and Pensions of the 

Senate. 

(E) INFORMATION DISSEMINATION.— (i) IN GENERAL.—If the Secretary enters into contracts to provide technical assistance under subparagraph (A), and if a contractor enters into subcontracts 

for that purpose, each such contract and subcontract 

shall require the provider of technical assistance to 

clearly separate technical assistance provided under 

the contract or subcontract from information provided, 

or activities engaged in, as part of the normal operations of the contractor or subcontractor. 

(ii) METHODS OF COMPLIANCE.—Efforts to comply 

with clause (i) may include the creation of separate 

webpages for the purpose of fulfilling a contract or 

subcontract entered into under subparagraph (A). 

(3) RESERVATION OF FUNDS.—The Secretary may reserve 

not more than 2.5 percent of funds appropriated under subsection (o) for a fiscal year to carry out this subsection. 

(n) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— 

(1) INFORMATION.—Each State educational agency receiving 

a grant under this section shall collect and report to the Secretary annually such information on the results of the grant 

as the Secretary may reasonably require, including information 

on— 

(A) mathematics achievement data that show the 

progress of students participating in projects under this 

section (including, to the extent practicable, comparable 

data from students not participating in such projects), 

based primarily on the results of State, school districtwide, 

or classroom-based monitoring reports or assessments, 

including— 

(i) specific identification of those schools and 

eligible local educational agencies that report the 

largest gains in mathematics achievement; and 

(ii) evidence on whether the State educational 

agency and eligible local educational agencies within 

the State have— 

(I) significantly increased the number of students achieving at the proficient or advanced level 

on the State student academic achievement standards in mathematics under section 1111(b)(1)(D)(ii) 

of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6311(b)(1)(D)(ii)); 

(II) significantly increased the percentages of 

students described in section 1111(b)(2)(C)(v)(II) 

of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) who are 

achieving proficiency or advanced levels on such 

State academic content standards in mathematics; 

Criteria. 

Waivers. 

121 STAT. 662 PUBLIC LAW 110–69—AUG. 9, 2007 

(III) significantly increased the number of students making significant progress toward meeting 

such State academic content and achievement 

standards in mathematics; and 

(IV) successfully implemented this section; 

(B) the percentage of students in the schools served 

by the eligible local educational agency who enroll in 

advanced mathematics courses in grades 9 through 12, 

including the percentage of such students who pass such 

courses; and 

(C) the progress made in increasing the quality and 

accessibility of professional development and leadership 

activities in mathematics, especially activities resulting in 

greater content knowledge and expertise of teachers, 

administrators, and other school staff, except that the Secretary shall not require such information until after the 

third year of a grant awarded under this section. 

(2) REPORTING AND DISAGGREGATION.—The information 

required under paragraph (1) shall be— 

(A) reported in a manner that allows for a comparison 

of aggregated score differentials of student academic 

achievement before (to the extent feasible) and after 

implementation of the project assisted under this section; 

and 

(B) disaggregated in the same manner as information 

is disaggregated under section 1111(h)(1)(C)(i) of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(h)(1)(C)(i)). 

(o) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $95,000,000 for fiscal 

year 2008 and each of the 2 succeeding fiscal years. 

SEC. 6204. PEER REVIEW OF STATE APPLICATIONS. 

(a) PEER REVIEW OF STATE APPLICATIONS.—The Secretary shall 

establish peer review panels to review State educational agency 

applications submitted pursuant to sections 6201 and 6203 and 

shall consider the recommendation of the peer review panels in 

deciding whether to approve the applications. 

(b) SCREENING.— 

(1) IN GENERAL.—The Secretary shall establish a process 

through which individuals on the peer review panels who review 

State applications under sections 6201 and 6203 (referred to 

in this section as ‘‘reviewers’’) are screened for potential conflicts of interest. 

(2) SCREENING REQUIREMENTS.—The screening process 

described in paragraph (1) shall, subject to paragraph (3)— 

(A) be reviewed and approved by the Office of the 

General Counsel of the Department; 

(B) include, at a minimum, a review of each 

reviewer’s— 

(i) professional connection to any State’s program 

under such sections, including a disclosure of any 

connection to publishers, entities, private individuals, 

or organizations related to such State’s program; 

(ii) potential financial interest in products, activities, or services that might be purchased by a State 

educational agency or local educational agency in the 

Establishment. 

20 USC 9854. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 663 

course of the agency’s implementation of the programs 

under such sections; and 

(iii) professional connections to teaching methodologies that might require the use of specific products, activities, or services; and 

(C) ensure that reviewers do not maintain significant 

financial interests in products, activities, or services supported under such sections. 

(3) WAIVER.— 

(A) IN GENERAL.—The Secretary may, in consultation 

with the Office of the General Counsel of the Department, 

waive the requirements of paragraph (2)(C). 

(B) REPORT OF WAIVERS.—The Secretary shall— 

(i) establish criteria for the waivers permitted 

under subparagraph (A); and 

(ii) report any waivers allowed under subparagraph (A), and the criteria under which such waivers 

are allowed, to the Committee on Education and Labor 

of the House of Representatives and the Committee 

on Health, Education, Labor, and Pensions of the 

Senate. 

(c) GUIDANCE.— 

(1) IN GENERAL.—The Secretary shall develop procedures 

for, and issue guidance regarding, how reviewers will review 

applications submitted under sections 6201 and 6203 and provide feedback to State educational agencies and recommendations to the Secretary. The Secretary shall also develop guidance for how the Secretary will review those recommendations 

and make final determinations of approval or disapproval of 

those applications. 

(2) REQUIREMENTS.—Such procedures shall, at a minimum— 

(A) create a transparent process through which review 

panels provide clear, consistent, and publicly available 

documentation and explanations in support of all recommendations, including the final reviews of the individual 

reviewers, except that a final review shall not reveal any 

personally identifiable information about the reviewer; 

(B) ensure that a State educational agency has the 

opportunity for direct interaction with any review panel 

that reviewed the agency’s application under section 6201 

or 6203 when revising that application as a result of feedback from the panel, including the disclosure of the identities of the reviewers; 

(C) require that any review panel and the Secretary 

clearly and consistently document that all required elements of an application under section 6201 or 6203 are 

included before the application is approved; and 

(D) create a transparent process through which the 

Secretary clearly, consistently, and publicly documents 

decisions to approve or disapprove applications under such 

sections and the reasons for those decisions. 

Procedures. 

Criteria. 

121 STAT. 664 PUBLIC LAW 110–69—AUG. 9, 2007 

Subtitle C—Foreign Language Partnership 

Program 

SEC. 6301. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The United States faces a shortage of skilled professionals with higher levels of proficiency in foreign languages 

and area knowledge critical to the Nation’s security. 

(2) Given the Nation’s economic competitiveness interests, 

it is crucial that our Nation expand the number of Americans 

who are able to function effectively in the environments in 

which critical foreign languages are spoken. 

(3) Students’ ability to become proficient in foreign languages can be addressed by starting language learning at a 

younger age and expanding opportunities for continuous foreign 

language education from elementary school through postsecondary education. 

(b) PURPOSE.—The purpose of this subtitle is to significantly 

increase— 

(1) the opportunities to study critical foreign languages 

and the context in which the critical foreign languages are 

spoken; and 

(2) the number of American students who achieve the 

highest level of proficiency in critical foreign languages. 

SEC. 6302. DEFINITIONS. 

In this subtitle: 

(1) ELIGIBLE RECIPIENT.—The term ‘‘eligible recipient’’ 

means an entity mutually agreed upon by a partnership that 

shall receive grant funds under this subtitle on behalf of the 

partnership for use in carrying out the activities assisted under 

this subtitle. 

(2) PARTNERSHIP.—The term ‘‘partnership’’ means a partnership that— 

(A) shall include— 

(i) an institution of higher education; and 

(ii) 1 or more local educational agencies; and 

(B) may include 1 or more entities that support the 

purposes of this subtitle. 

(3) SUPERIOR LEVEL OF PROFICIENCY.—The term ‘‘superior 

level of proficiency’’ means level 3, the professional working 

level, as measured by the Federal Interagency Language Roundtable (ILR) or by other generally recognized measures of superior standards. 

SEC. 6303. PROGRAM AUTHORIZED. 

(a) PROGRAM AUTHORIZED.— 

(1) IN GENERAL.—The Secretary is authorized to award 

grants to eligible recipients to enable partnerships served by 

the eligible recipients to establish articulated programs of study 

in critical foreign languages that will enable students to 

advance successfully from elementary school through postsecondary education and achieve higher levels of proficiency in 

a critical foreign language. 

(2) DURATION.—A grant awarded under paragraph (1) shall 

be for a period of not more than 5 years, of which 2 years 

Grants. 

20 USC 9863. 

20 USC 9862. 

20 USC 9861. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 665 

may be for planning and development. A grant may be renewed 

for not more than 2 additional 5-year periods, if the Secretary 

determines that the partnership’s program is effective and the 

renewal will best serve the purposes of this subtitle. 

(b) APPLICATIONS.— (1) IN GENERAL.—Each eligible recipient desiring a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and containing such information 

as the Secretary may require. 

(2) CONTENTS.—Each application shall— 

(A) identify each local educational agency partner, 

including contact information and letters of commitment, 

and describe the responsibilities of each member of the 

partnership, including— 

(i) how each of the partners will be involved in 

planning, developing, and implementing— 

(I) program curriculum and materials; and 

(II) teacher professional development; 

(ii) what resources each of the partners will provide; and 

(iii) how the partners will contribute to ensuring 

the continuity of student progress from elementary 

school through the postsecondary level; 

(B) describe how an articulated curriculum for students 

will be developed and implemented, which may include 

the use and integration of technology into such curriculum; 

(C) identify target proficiency levels for students at 

critical benchmarks (such as grades 4, 8, and 12), and 

describe how progress toward those proficiency levels will 

be assessed at the benchmarks, and how the program will 

use the results of the assessments to ensure continuous 

progress toward achieving a superior level of proficiency 

at the postsecondary level; 

(D) describe how the partnership will— 

(i) ensure that students from a program assisted 

under this subtitle who are beginning postsecondary 

education will be assessed and enabled to progress 

to a superior level of proficiency; 

(ii) address the needs of students already at, or 

near, the superior level of proficiency, which may 

include diagnostic assessments for placement purposes, 

customized and individualized language learning 

opportunities, and experimental and interdisciplinary 

language learning; and 

(iii) identify and describe how the partnership will 

work with institutions of higher education outside the 

partnership to provide participating students with multiple options for postsecondary education consistent 

with the purposes of this subtitle; 

(E) describe how the partnership will support and continue the program after the grant has expired, including 

how the partnership will seek support from other sources, 

such as State and local governments, foundations, and 

the private sector; and 

(F) describe what assessments will be used or, if assessments not available, how assessments will be developed. 

(c) USES OF FUNDS.—Grant funds awarded under this subtitle— 

121 STAT. 666 PUBLIC LAW 110–69—AUG. 9, 2007 

(1) shall be used to plan, develop, and implement programs 

at the elementary school level through postsecondary education, 

consistent with the purpose of this subtitle, including— 

(A) the development of curriculum and instructional 

materials; and 

(B) recruitment of students; and 

(2) may be used for— 

(A) teacher recruitment (including recruitment from 

other professions and recruitment of native-language 

speakers in the community) and professional development 

directly related to the purposes of this subtitle at the 

elementary school through secondary school levels; 

(B) development of appropriate assessments; 

(C) opportunities for maximum language exposure for 

students in the program, such as the creation of immersion 

environments (such as language houses, language tables, 

immersion classrooms, and weekend and summer experiences) and special tutoring and academic support; 

(D) dual language immersion programs; 

(E) scholarships and study-abroad opportunities, 

related to the program, for postsecondary students and 

newly recruited teachers who have advanced levels of proficiency in a critical foreign language, except that not more 

than 20 percent of the grant funds provided to an eligible 

recipient under this section for a fiscal year may be used 

to carry out this subparagraph; 

(F) activities to encourage community involvement to 

assist in meeting the purposes of this subtitle; 

(G) summer institutes for students and teachers; 

(H) bridge programs that allow dual enrollment for 

secondary school students in institutions of higher education; 

(I) programs that expand the understanding and 

knowledge of historic, geographic, and contextual factors 

within countries with populations who speak critical foreign 

languages, if such programs are carried out in conjunction 

with language instruction; 

(J) research on, and evaluation of, the teaching of 

critical foreign languages; 

(K) data collection and analysis regarding the results 

of— 

(i) various student recruitment strategies; 

(ii) program design; and 

(iii) curricular approaches; 

(L) the impact of the strategies, program design, and 

curricular approaches described in subparagraph (K) on 

increasing— 

(i) the number of students studying critical foreign 

languages; and 

(ii) the proficiency of the students in the critical 

foreign languages; and 

(M) distance learning projects for critical foreign language learning. 

(d) MATCHING REQUIREMENT.— 

(1) IN GENERAL.—An eligible recipient that receives a grant 

under this subtitle shall provide, toward the cost of carrying 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 667 

out the activities supported by the grant, from non-Federal 

sources, an amount equal to— 

(A) 20 percent of the amount of the grant payment 

for the first fiscal year for which a grant payment is made; 

(B) 30 percent of the amount of the grant payment 

for the second such fiscal year; 

(C) 40 percent of the amount of the grant payment 

for the third such fiscal year; and 

(D) 50 percent of the amount of the grant payment 

for each of the fourth and fifth such fiscal years. 

(2) NON-FEDERAL SHARE.—The non-Federal share required 

under paragraph (1) may be provided in cash or in-kind. 

(3) WAIVER.—The Secretary may waive all or part of the 

matching requirement of paragraph (1), for any fiscal year, 

if the Secretary determines that— 

(A) the application of the matching requirement will 

result in serious hardship for the partnership; or 

(B) the waiver will best serve the purposes of this 

subtitle. 

(e) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under 

this subtitle shall be used to supplement, not supplant, other Federal and non-Federal funds available to carry out the activities 

described in subsection (c). 

(f) TECHNICAL ASSISTANCE.—The Secretary shall enter into a 

contract to establish a technical assistance center to provide technical assistance to partnerships developing critical foreign language 

programs assisted under this subtitle. The center shall— 

(1) assist the partnerships in the development of critical 

foreign language instructional materials and assessments; and 

(2) disseminate promising foreign language instructional 

practices. 

(g) PROGRAM EVALUATION.— 

(1) IN GENERAL.—The Secretary may reserve not more than 

5 percent of the total amount appropriated for this subtitle 

for any fiscal year to annually evaluate the programs under 

this subtitle. 

(2) REPORT.—The Secretary shall prepare and annually 

submit, to the Committee on Health, Education, Labor, and 

Pensions of the Senate, the Committee on Education and Labor 

of the House of Representatives, and the Committees on Appropriations of the Senate and House of Representatives, a report— 

(A) on the results of any program evaluation conducted 

under this subsection; and 

(B) that includes best practices on the teaching and 

learning of foreign languages based on the findings from 

the evaluation. 

SEC. 6304. AUTHORIZATION OF APPROPRIATIONS. 

For the purpose of carrying out this subtitle, there are authorized to be appropriated $28,000,000 for fiscal year 2008, and such 

sums as may be necessary for each of the 2 succeeding fiscal 

years. 

20 USC 9864. 

Contracts. 

121 STAT. 668 PUBLIC LAW 110–69—AUG. 9, 2007 

Subtitle D—Alignment of Education 

Programs 

SEC. 6401. ALIGNMENT OF SECONDARY SCHOOL GRADUATION 

REQUIREMENTS WITH THE DEMANDS OF 21ST CENTURY 

POSTSECONDARY ENDEAVORS AND SUPPORT FOR P–16 

EDUCATION DATA SYSTEMS. 

(a) PURPOSE.—It is the purpose of this section— 

(1) to promote more accountability with respect to preparation for higher education, the 21st century workforce, and the 

Armed Forces, by aligning— 

(A) student knowledge, student skills, State academic 

content standards and assessments, and curricula, in 

elementary and secondary education, especially with 

respect to mathematics, science, reading, and, where 

applicable, engineering and technology; with 

(B) the demands of higher education, the 21st century 

workforce, and the Armed Forces; 

(2) to support the establishment or improvement of statewide P–16 education data systems that— 

(A) assist States in improving the rigor and quality 

of State academic content standards and assessments; 

(B) ensure students are prepared to succeed in— 

(i) academic credit-bearing coursework in higher 

education without the need for remediation; 

(ii) the 21st century workforce; or 

(iii) the Armed Forces; and 

(3) enable States to have valid and reliable information 

to inform education policy and practice. 

(b) DEFINITIONS.—In this section: 

(1) P–16 EDUCATION.—The term ‘‘P–16 education’’ means 

the educational system from preschool through the conferring 

of a baccalaureate degree. 

(2) STATEWIDE PARTNERSHIP.—The term ‘‘statewide partnership’’ means a partnership that— 

(A) shall include— 

(i) the Governor of the State or the designee of 

the Governor; 

(ii) the heads of the State systems for public higher 

education, or, if such a position does not exist, not 

less than 1 representative of a public degree-granting 

institution of higher education; 

(iii) a representative of the agencies in the State 

that administer Federal or State-funded early childhood education programs; 

(iv) not less than 1 representative of a public 

community college; 

(v) not less than 1 representative of a technical 

school; 

(vi) not less than 1 representative of a public secondary school; 

(vii) the chief State school officer; 

(viii) the chief executive officer of the State higher 

education coordinating board; 

(ix) not less than 1 public elementary school 

teacher employed in the State; 

20 USC 9871. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 669 

(x) not less than 1 early childhood educator in 

the State; 

(xi) not less than 1 public secondary school teacher 

employed in the State; 

(xii) not less than 1 representative of the business 

community in the State; and 

(xiii) not less than 1 member of the Armed Forces; 

and 

(B) may include other individuals or representatives 

of other organizations, such as a school administrator, a 

faculty member at an institution of higher education, a 

member of a civic or community organization, a representative from a private institution of higher education, a dean 

or similar representative of a school of education at an 

institution of higher education or a similar teacher certification or licensure program, or the State official responsible 

for economic development. 

(c) GRANTS AUTHORIZED.—The Secretary is authorized to award 

grants, on a competitive basis, to States to enable each such State 

to work with a statewide partnership— 

(1) to promote better alignment of content knowledge 

requirements for secondary school graduation with the knowledge and skills needed to succeed in postsecondary education, 

the 21st century workforce, or the Armed Forces; or 

(2) to establish or improve a statewide P–16 education 

data system. 

(d) PERIOD OF GRANTS; NON-RENEWABILITY.— 

(1) GRANT PERIOD.—The Secretary shall award a grant 

under this section for a period of not more than 3 years. 

(2) NON-RENEWABILITY.—The Secretary shall not award a 

State more than 1 grant under this section. 

(e) AUTHORIZED ACTIVITIES.— 

(1) GRANTS FOR P–16 ALIGNMENT.—Each State receiving 

a grant under subsection (c)(1)— 

(A) shall use the grant funds for— 

(i) identifying and describing the content knowledge and skills students who enter institutions of 

higher education, the workforce, and the Armed Forces 

need to have in order to succeed without any remediation based on detailed requirements obtained from 

institutions of higher education, employers, and the 

Armed Forces; 

(ii) identifying and making changes that need to 

be made to a State’s secondary school graduation 

requirements, academic content standards, academic 

achievement standards, and assessments preceding 

graduation from secondary school in order to align 

the requirements, standards, and assessments with 

the knowledge and skills necessary for success in academic credit-bearing coursework in postsecondary education, in the 21st century workforce, and in the Armed 

Forces without the need for remediation; 

(iii) convening stakeholders within the State and 

creating a forum for identifying and deliberating on 

education issues that— 

121 STAT. 670 PUBLIC LAW 110–69—AUG. 9, 2007 

(I) involve preschool through grade 12 education, postsecondary education, the 21st century 

workforce, and the Armed Forces; and 

(II) transcend any single system of education’s 

ability to address; and 

(iv) implementing activities designed to ensure the 

enrollment of all elementary school and secondary 

school students in rigorous coursework, which may 

include— 

(I) specifying the courses and performance 

levels necessary for acceptance into institutions 

of higher education; and 

(II) developing or providing guidance to local 

educational agencies within the State on the adoption of curricula and assessments aligned with 

State academic content standards, which assessments may be used as measures of student academic achievement in secondary school as well 

as for entrance or placement at institutions of 

higher education, including through collaboration 

with institutions of higher education in, or State 

educational agencies serving, other States; and 

(B) may use the grant funds for— 

(i) developing and making available specific 

opportunities for extensive professional development 

for teachers, paraprofessionals, principals, and school 

administrators, including collection and dissemination 

of effective teaching practices to improve instruction 

and instructional support mechanisms; 

(ii) identifying changes in State academic content 

standards, academic achievement standards, and 

assessments for students in grades preceding secondary school in order to ensure such standards and 

assessments are appropriately aligned and adequately 

reflect the content needed to prepare students to enter 

secondary school; 

(iii) developing a plan to provide remediation and 

additional learning opportunities for students who are 

performing below grade level to ensure that all students will have the opportunity to meet secondary 

school graduation requirements; 

(iv) identifying and addressing teacher certification 

needs; or 

(v) incorporating 21st century learning skills into 

the State plan, which skills shall include critical 

thinking, problem solving, communication, collaboration, global awareness, and business and financial literacy. 

(2) GRANTS FOR STATEWIDE P–16 EDUCATION DATA SYSTEMS.— 

(A) ESTABLISHMENT OF SYSTEM.—Each State that 

receives a grant under subsection (c)(2) shall establish a 

statewide P–16 education longitudinal data system that— 

(i) provides each student, upon enrollment in a 

public elementary school or secondary school in the 

State, with a unique identifier, such as a bar code, 

that— 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 671 

(I) does not permit a student to be individually 

identified by users of the system; and 

(II) is retained throughout the student’s enrollment in P–16 education in the State; and 

(ii) meets the requirements of subparagraphs (B) 

through (E). 

(B) IMPROVEMENT OF EXISTING SYSTEM.—Each State 

that receives a grant under subsection (c)(2) for the 

improvement of a statewide P–16 education data system 

may employ, coordinate, or revise an existing statewide 

data system to establish a statewide longitudinal P–16 

education data system that meets the requirements of 

subparagraph (A), if the statewide longitudinal P–16 education data system produces valid and reliable data. 

(C) PRIVACY AND ACCESS TO DATA.— (i) IN GENERAL.—Each State that receives a grant 

under subsection (c)(2) shall implement measures to— 

(I) ensure that the statewide P–16 education 

data system meets the requirements of section 444 

of the General Education Provisions Act (20 U.S.C. 

1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974); 

(II) limit the use of information in the statewide P–16 education data system by institutions 

of higher education and State or local educational 

agencies or institutions to the activities set forth 

in paragraph (1) or State law regarding education, 

consistent with the purposes of this subtitle; 

(III) prohibit the disclosure of personally 

identifiable information except as permitted under 

section 444 of the General Education Provisions 

Act and any additional limitations set forth in 

State law; 

(IV) keep an accurate accounting of the date, 

nature, and purpose of each disclosure of personally identifiable information in the statewide P– 

16 education data system, a description of the 

information disclosed, and the name and address 

of the person, agency, institution, or entity to 

whom the disclosure is made, which accounting 

shall be made available on request to parents of 

any student whose information has been disclosed; 

(V) notwithstanding section 444 of the General 

Education Provisions Act, require any non-governmental party obtaining personally identifiable 

information to sign a data use agreement prior 

to disclosure that— 

(aa) prohibits the party from further disclosing the information; 

(bb) prohibits the party from using the 

information for any purpose other than the 

purpose specified in the agreement; and 

(cc) requires the party to destroy the 

information when the purpose for which the 

disclosure was made is accomplished; 

(VI) maintain adequate security measures to 

ensure the confidentiality and integrity of the 

121 STAT. 672 PUBLIC LAW 110–69—AUG. 9, 2007 

statewide P–16 education data system, such as 

protecting a student record from identification by 

a unique identifier; 

(VII) where rights are provided to parents 

under this clause, provide those rights to the student instead of the parent if the student has 

reached the age of 18 or is enrolled in a postsecondary educational institution; and 

(VIII) ensure adequate enforcement of the 

requirements of this clause. 

(ii) USE OF UNIQUE IDENTIFIERS.— (I) GOVERNMENTAL USE OF UNIQUE IDENTI- FIERS.—It shall be unlawful for any Federal, State, 

or local governmental agency to use the unique 

identifiers employed in the statewide P–16 education data systems for any purpose other than 

as authorized by Federal or State law regarding 

education, or to deny any individual any right, 

benefit, or privilege provided by law because of 

such individual’s refusal to disclose the individual’s 

unique identifier. 

(II) REGULATIONS.—Not later than 180 days 

after the date of enactment of this Act, the Secretary shall promulgate regulations governing the 

use by governmental and non-governmental entities of the unique identifiers employed in statewide 

P–16 education data systems, including, where 

necessary, regulations requiring States desiring 

grants for statewide P–16 education data systems 

under this section to implement specified measures, with the goal of safeguarding individual privacy to the maximum extent practicable consistent 

with the uses of the information authorized in 

this Act or other Federal or State law regarding 

education. 

(D) REQUIRED ELEMENTS OF A STATEWIDE P–16 EDUCATION DATA SYSTEM.—The State shall ensure that the 

statewide P–16 education data system includes the following elements: 

(i) PRESCHOOL THROUGH GRADE 12 EDUCATION AND

POSTSECONDARY EDUCATION.—With respect to preschool through grade 12 education and postsecondary 

education— 

(I) a unique statewide student identifier that 

does not permit a student to be individually identified by users of the system; 

(II) student-level enrollment, demographic, 

and program participation information; 

(III) student-level information about the points 

at which students exit, transfer in, transfer out, 

drop out, or complete P–16 education programs; 

(IV) the capacity to communicate with higher 

education data systems; and 

(V) a State data audit system assessing data 

quality, validity, and reliability. 

(ii) PRESCHOOL THROUGH GRADE 12 EDUCATION.— With respect to preschool through grade 12 education— 

Deadline. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 673 

(I) yearly test records of individual students 

with respect to assessments under section 1111(b) 

of the Elementary and Secondary Education Act 

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

(II) information on students not tested by 

grade and subject; 

(III) a teacher identifier system with the 

ability to match teachers to students; 

(IV) student-level transcript information, 

including information on courses completed and 

grades earned; and 

(V) student-level college readiness test scores. 

(iii) POSTSECONDARY EDUCATION.—With respect to 

postsecondary education, data that provide— 

(I) information regarding the extent to which 

students transition successfully from secondary 

school to postsecondary education, including 

whether students enroll in remedial coursework; 

and 

(II) other information determined necessary 

to address alignment and adequate preparation 

for success in postsecondary education. 

(E) FUNCTIONS OF THE STATEWIDE P–16 EDUCATION

DATA SYSTEM.—In implementing the statewide P–16 education data system, the State shall— 

(i) identify factors that correlate to students’ ability 

to successfully engage in and complete postsecondarylevel general education coursework without the need 

for prior developmental coursework; 

(ii) identify factors to increase the percentage of 

low-income and minority students who are academically prepared to enter and successfully complete postsecondary-level general education coursework; and 

(iii) use the data in the system to otherwise inform 

education policy and practice in order to better align 

State academic content standards, and curricula, with 

the demands of postsecondary education, the 21st century workforce, and the Armed Forces. 

(f) APPLICATION.— 

(1) IN GENERAL.—Each State desiring a grant under this 

section shall submit an application to the Secretary at such 

time, in such manner, and containing such information as 

the Secretary may reasonably require. 

(2) APPLICATION CONTENTS.—Each application submitted 

under this section shall specify whether the State application 

is for the conduct of P–16 education alignment activities, or 

the establishment or improvement of a statewide P–16 education data system. The application shall include, at a minimum, the following: 

(A) A description of the activities and programs to 

be carried out with the grant funds and a comprehensive 

plan for carrying out the activities. 

(B) A description of how the concerns and interests 

of the larger education community, including parents, students, teachers, teacher educators, principals, and preschool administrators will be represented in carrying out 

the authorized activities described in subsection (e). 

121 STAT. 674 PUBLIC LAW 110–69—AUG. 9, 2007 

(C) In the case of a State applying for funding for 

P–16 education alignment, a description of how the State 

will provide assistance to local educational agencies in 

implementing rigorous State academic content standards, 

substantive curricula, remediation, and acceleration 

opportunities for students, as well as other changes determined necessary by the State. 

(D) In the case of a State applying for funding to 

establish or improve a statewide P–16 education data 

system— 

(i) a description of the privacy protection and 

enforcement measures that the State has implemented 

or will implement pursuant to subsection (e)(2)(C), and 

assurances that these measures will be in place prior 

to the establishment or improvement of the statewide 

P–16 education data system; and 

(ii) an assurance that the State will continue to 

fund the statewide P–16 education data system after 

the end of the grant period. 

(g) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under 

this section shall be used to supplement, not supplant, other Federal, State, and local funds available to carry out the authorized 

activities described in subsection (e). 

(h) MATCHING REQUIREMENT.—Each State that receives a grant 

under this section shall provide, from non-Federal sources, an 

amount equal to 100 percent of the amount of the grant, in cash 

or in kind, to carry out the activities supported by the grant. 

(i) RULE OF CONSTRUCTION.— (1) NO RAW DATA REQUIREMENT.—Nothing in this section 

shall be construed to require States to provide raw data to 

the Secretary. 

(2) PRIVATE OR HOME SCHOOLS.—Nothing in this section 

shall be construed to affect any private school that does not 

receive funds or services under this Act or any home school, 

whether or not the home school is treated as a home school 

or a private school under State law, including imposing new 

requirements for students educated through a home school 

seeking admission to institutions of higher education. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $120,000,000 for fiscal 

year 2008 and such sums as may be necessary for fiscal year 

2009. 

Subtitle E—Mathematics and Science 

Partnership Bonus Grants 

SEC. 6501. MATHEMATICS AND SCIENCE PARTNERSHIP BONUS 

GRANTS. 

(a) IN GENERAL.—From amounts appropriated under section 

6502, the Secretary shall award a grant— 

(1) for each of the school years 2007–2008 through 2010– 

2011, to each of the 3 elementary schools, and each of the 

3 secondary schools, each of which has a high concentration 

of low income students as defined in section 1707(2) of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6537(2)), in each State whose students demonstrate the most 

20 USC 9881. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 675 

improvement in mathematics, as measured by the improvement 

in the students’ average score on the State’s assessments in 

mathematics for the school year for which the grant is awarded, 

as compared to the school year preceding the school year for 

which the grant is awarded; and 

(2) for each of the school years 2008–2009 through 2010– 

2011, to each of the 3 elementary schools, and each of the 

3 secondary schools, each of which has a high concentration 

of low income students as defined in section 1707(2) of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6537(2)), in each State whose students demonstrate the most 

improvement in science, as measured by the improvement in 

the students’ average score on the State’s assessments in 

science for the school year for which the grant is awarded, 

as compared to the school year preceding the school year for 

which the grant is awarded. 

(b) GRANT AMOUNT.—The amount of each grant awarded under 

this section shall be $50,000. 

SEC. 6502. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this subtitle such sums as may be necessary for fiscal years 2008 and 

each of the 2 succeeding fiscal years. 

TITLE VII—NATIONAL SCIENCE 

FOUNDATION 

SEC. 7001. DEFINITIONS. 

In this title: 

(1) BASIC RESEARCH.—The term ‘‘basic research’’ has the 

meaning given such term in the Office of Management and 

Budget circular No. A–11. 

(2) BOARD.—The term ‘‘Board’’ means the National Science 

Board established under section 2 of the National Science 

Foundation Act of 1950 (42 U.S.C. 1861). 

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

of the Foundation. 

(4) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ 

has the meaning given such term in section 9101 of the 

Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7801). 

(5) FOUNDATION.—The term ‘‘Foundation’’ means the 

National Science Foundation. 

(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term 

in section 101(a) of the Higher Education Act of 1965 (20 

U.S.C. 1001(a)). 

(7) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has 

the meaning given such term in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801). 

SEC. 7002. AUTHORIZATION OF APPROPRIATIONS. 

(a) FISCAL YEAR 2008.— 

(1) IN GENERAL.—There are authorized to be appropriated to the Foundation $6,600,000,000 for fiscal year 2008. 

42 USC 1862o 

note. 

20 USC 9882. 

121 STAT. 676 PUBLIC LAW 110–69—AUG. 9, 2007 

(2) SPECIFIC ALLOCATIONS.—Of the amount authorized 

under paragraph (1)— (A) $5,156,000,000 shall be made available for research 

and related activities, of which— 

(i) $115,000,000 shall be made available for the 

Major Research Instrumentation program; 

(ii) $165,400,000 shall be made available for the 

Faculty Early Career Development (CAREER) Program; 

(iii) $61,600,000 shall be made available for the 

Research Experiences for Undergraduates program; 

(iv) $120,000,000 shall be made available for the 

Experimental Program to Stimulate Competitive 

Research; 

(v) $47,300,000 shall be made available for the 

Integrative Graduate Education and Research 

Traineeship program; 

(vi) $9,000,000 shall be made available for the 

Graduate Research Fellowship program; and 

(vii) $10,000,000 shall be made available for the 

professional science master’s degree program under 

section 7034; 

(B) $896,000,000 shall be made available for education 

and human resources, of which— 

(i) $100,000,000 shall be for Mathematics and 

Science Education Partnerships established under section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n); 

(ii) $89,800,000 shall be for the Robert Noyce 

Scholarship Program established under section 10 of 

the National Science Foundation Authorization Act of 

2002 (42 U.S.C. 1862n–1); 

(iii) $40,000,000 shall be for the Science, Mathematics, Engineering, and Technology Talent Expansion 

Program established under section 8(7) of the National 

Science Foundation Authorization Act of 2002 (Public 

Law 107–368); 

(iv) $52,000,000 shall be for the Advanced Technological Education program established by section 3(a) 

of the Scientific and Advanced-Technology Act of 1992 

(Public Law 102–476); 

(v) $27,100,000 shall be made available for the 

Integrative Graduate Education and Research 

Traineeship program; and 

(vi) $96,600,000 shall be made available for the 

Graduate Research Fellowship program; 

(C) $245,000,000 shall be made available for major 

research equipment and facilities construction; 

(D) $285,600,000 shall be made available for agency 

operations and award management; 

(E) $4,050,000 shall be made available for the Office 

of the National Science Board; and 

(F) $12,350,000 shall be made available for the Office 

of Inspector General. 

(b) FISCAL YEAR 2009.— 

(1) IN GENERAL.—There are authorized to be appropriated to the Foundation $7,326,000,000 for fiscal year 2009. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 677 

(2) SPECIFIC ALLOCATIONS.—Of the amount authorized 

under paragraph (1)— (A) $5,742,300,000 shall be made available for research 

and related activities, of which— 

(i) $123,100,000 shall be made available for the 

Major Research Instrumentation program; 

(ii) $183,600,000 shall be made available for the 

Faculty Early Career Development (CAREER) Program; 

(iii) $68,400,000 shall be made available for the 

Research Experiences for Undergraduates program; 

(iv) $133,200,000 shall be made available for the 

Experimental Program to Stimulate Competitive 

Research; 

(v) $52,500,000 shall be made available for the 

Integrative Graduate Education and Research 

Traineeship program; 

(vi) $10,000,000 shall be made available for the 

Graduate Research Fellowship program; and 

(vii) $12,000,000 shall be made available for the 

professional science master’s degree program under 

section 7034; 

(B) $995,000,000 shall be made available for education 

and human resources, of which— 

(i) $111,000,000 shall be for Mathematics and 

Science Education Partnerships established under section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n); 

(ii) $115,000,000 shall be for the Robert Noyce 

Scholarship Program established under section 10 of 

the National Science Foundation Authorization Act of 

2002 (42 U.S.C. 1862n–1); 

(iii) $50,000,000 shall be for the Science, Mathematics, Engineering, and Technology Talent Expansion 

Program established under section 8(7) of the National 

Science Foundation Authorization Act of 2002 (Public 

Law 107–368); 

(iv) $57,700,000 shall be for the Advanced Technological Education program as established by section 

3(a) of the Scientific and Advanced-Technology Act of 

1992 (Public Law 102–476); 

(v) $30,100,000 shall be made available for the 

Integrative Graduate Education and Research 

Traineeship program; and 

(vi) $107,200,000 shall be made available for the 

Graduate Research Fellowship program; 

(C) $262,000,000 shall be made available for major 

research equipment and facilities construction; 

(D) $309,760,000 shall be made available for agency 

operations and award management; 

(E) $4,190,000 shall be made available for the Office 

of the National Science Board; and 

(F) $12,750,000 shall be made available for the Office 

of Inspector General. 

(c) FISCAL YEAR 2010.— 

(1) IN GENERAL.—There are authorized to be appropriated to the Foundation $8,132,000,000 for fiscal year 2010. 

121 STAT. 678 PUBLIC LAW 110–69—AUG. 9, 2007 

(2) SPECIFIC ALLOCATIONS.—Of the amount authorized 

under paragraph (1)— 

(A) $6,401,000,000 shall be made available for research 

and related activities, of which— 

(i) $131,700,000 shall be made available for the 

Major Research Instrumentation program; 

(ii) $203,800,000 shall be made available for the 

Faculty Early Career Development (CAREER) Program; 

(iii) $75,900,000 shall be made available for the 

Research Experiences for Undergraduates program; 

(iv) $147,800,000 shall be made available for the 

Experimental Program to Stimulate Competitive 

Research; 

(v) $58,300,000 shall be made available for the 

Integrative Graduate Education and Research 

Traineeship program; 

(vi) $11,100,000 shall be made available for the 

Graduate Research Fellowship program; and 

(vii) $15,000,000 shall be made available for the 

professional science master’s degree program under 

section 7034; 

(B) $1,104,000,000 shall be made available for education and human resources, of which— 

(i) $123,200,000 shall be for Mathematics and 

Science Education Partnerships established under section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n); 

(ii) $140,500,000 shall be for the Robert Noyce 

Scholarship Program established under section 10 of 

the National Science Foundation Authorization Act of 

2002 (42 U.S.C. 1862n–1); 

(iii) $55,000,000 shall be for the Science, Mathematics, Engineering, and Technology Talent Expansion 

Program established under section 8(7) of the National 

Science Foundation Authorization Act of 2002 (Public 

Law 107–368); 

(iv) $64,000,000 shall be for the Advanced Technological Education program as established by section 

3(a) of the Scientific and Advanced-Technology Act of 

1992 (Public Law 102–476); 

(v) $33,400,000 shall be made available for the 

Integrative Graduate Education and Research 

Traineeship program; and 

(vi) $119,000,000 shall be made available for the 

Graduate Research Fellowship program; 

(C) $280,000,000 shall be made available for major 

research equipment and facilities construction; 

(D) $329,450,000 shall be made available for agency 

operations and award management; 

(E) $4,340,000 shall be made available for the Office 

of the National Science Board; and 

(F) $13,210,000 shall be made available for the Office 

of Inspector General. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 679 

SEC. 7003. REAFFIRMATION OF THE MERIT-REVIEW PROCESS OF THE 

NATIONAL SCIENCE FOUNDATION. 

Nothing in this title or title I, or the amendments made by 

this title or title I, shall be interpreted to require or recommend 

that the Foundation— 

(1) alter or modify its merit-review system or peer-review 

process; or 

(2) exclude the awarding of any proposal by means of 

the merit-review or peer-review process. 

SEC. 7004. SENSE OF THE CONGRESS REGARDING THE MATHEMATICS 

AND SCIENCE PARTNERSHIP PROGRAMS OF THE 

DEPARTMENT OF EDUCATION AND THE NATIONAL 

SCIENCE FOUNDATION. 

It is the sense of the Congress that— 

(1) although the mathematics and science education partnership program at the Foundation and the mathematics and 

science partnership program at the Department of Education 

practically share the same name, the 2 programs are intended 

to be complementary, not duplicative; 

(2) the Foundation partnership programs are innovative, 

model reform initiatives that move promising ideas in education 

from research into practice to improve teacher quality, develop 

challenging curricula, and increase student achievement in 

mathematics and science, and Congress intends that the 

Foundation peer-reviewed partnership programs found to be 

effective should be put into wider practice by dissemination 

through the Department of Education partnership programs; 

and 

(3) the Director and the Secretary of Education should 

have ongoing collaboration to ensure that the 2 components 

of this priority effort for mathematics and science education 

continue to work in concert for the benefit of States and local 

practitioners nationwide. 

SEC. 7005. CURRICULA. 

Nothing in this title, or the amendments made by this title, 

shall be construed to limit the authority of State governments 

or local school boards to determine the curricula of their students. 

SEC. 7006. CENTERS FOR RESEARCH ON LEARNING AND EDUCATION 

IMPROVEMENT. 

(a) FUNDING FOR CENTERS.—The Director shall continue to 

carry out the program of Centers for Research on Learning and 

Education Improvement as established in section 11 of the National 

Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n– 

2). 

(b) ELIGIBILITY FOR CENTERS.—Section 11 of the National 

Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n– 

2) is amended— 

(1) in subsection (a)(1), by inserting ‘‘or eligible nonprofit 

organizations’’ after ‘‘institutions of higher education’’; 

(2) in subsection (b)(1), by inserting ‘‘or an eligible nonprofit 

organization’’ after ‘‘institution of higher education’’; and 

(3) in subsection (b)(1), by striking ‘‘of such institutions’’ 

and inserting ‘‘thereof’’. 

42 USC 1862n–2 

note. 

42 USC 1862o 

note. 

42 USC 1862o 

note. 

121 STAT. 680 PUBLIC LAW 110–69—AUG. 9, 2007 

SEC. 7007. INTERDISCIPLINARY RESEARCH. 

(a) IN GENERAL.—The Board shall evaluate the role of the 

Foundation in supporting interdisciplinary research, including 

through the Major Research Instrumentation program, the effectiveness of the Foundation’s efforts in providing information to the 

scientific community about opportunities for funding of interdisciplinary research proposals, and the process through which interdisciplinary proposals are selected for support. The Board shall 

also evaluate the effectiveness of the Foundation’s efforts to engage 

undergraduate students in research experiences in interdisciplinary 

settings, including through the Research in Undergraduate Institutions program and the Research Experiences for Undergraduates 

program. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Board shall provide the results of its evaluation 

under subsection (a), including a recommendation for the proportion 

of the Foundation’s research and related activities funding that 

should be allocated for interdisciplinary research, to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Commerce, Science, and Transportation and the 

Committee on Health, Education, Labor, and Pensions of the 

Senate. 

SEC. 7008. POSTDOCTORAL RESEARCH FELLOWS. 

(a) MENTORING.—The Director shall require that all grant 

applications that include funding to support postdoctoral 

researchers include a description of the mentoring activities that 

will be provided for such individuals, and shall ensure that this 

part of the application is evaluated under the Foundation’s broader 

impacts merit review criterion. Mentoring activities may include 

career counseling, training in preparing grant applications, guidance on ways to improve teaching skills, and training in research 

ethics. 

(b) REPORTS.—The Director shall require that annual reports 

and the final report for research grants that include funding to 

support postdoctoral researchers include a description of the mentoring activities provided to such researchers. 

SEC. 7009. RESPONSIBLE CONDUCT OF RESEARCH. 

The Director shall require that each institution that applies 

for financial assistance from the Foundation for science and 

engineering research or education describe in its grant proposal 

a plan to provide appropriate training and oversight in the responsible and ethical conduct of research to undergraduate students, 

graduate students, and postdoctoral researchers participating in 

the proposed research project. 

SEC. 7010. REPORTING OF RESEARCH RESULTS. 

The Director shall ensure that all final project reports and 

citations of published research documents resulting from research 

funded, in whole or in part, by the Foundation, are made available 

to the public in a timely manner and in electronic form through 

the Foundation’s Web site. 

SEC. 7011. SHARING RESEARCH RESULTS. 

An investigator supported under a Foundation award, whom 

the Director determines has failed to comply with the provisions 

of section 734 of the Foundation Grant Policy Manual, shall be 

42 USC 1862o–3. 

42 USC 1862o–2. 

42 USC 1862o–1. 

42 USC 1862o. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 681 

ineligible for a future award under any Foundation supported program or activity. The Director may restore the eligibility of such 

an investigator on the basis of the investigator’s subsequent compliance with the provisions of section 734 of the Foundation Grant 

Policy Manual and with such other terms and conditions as the 

Director may impose. 

SEC. 7012. FUNDING FOR SUCCESSFUL SCIENCE, TECHNOLOGY, 

ENGINEERING, AND MATHEMATICS EDUCATION PROGRAMS. 

(a) EVALUATION OF PROGRAMS.—The Director shall, on an 

annual basis, evaluate all of the Foundation’s grants that are scheduled to expire within 1 year and— 

(1) that have the primary purpose of meeting the objectives 

of the Science and Engineering Equal Opportunity Act (42 

U.S.C. 1885 et seq.); or 

(2) that have the primary purpose of providing teacher 

professional development. 

(b) CONTINUATION OF FUNDING.—For grants that are identified 

under subsection (a) and that are determined by the Director to 

be successful in meeting the objectives of the initial grant solicitation, the Director may extend the duration of those grants for 

not more than 3 additional years beyond their scheduled expiration 

without the requirement for a recompetition. 

(c) REPORT TO CONGRESS.—Not later than 1 year after the 

date of enactment of this Act, and annually thereafter, the Director 

shall submit a report to the Committee on Science and Technology 

of the House of Representatives and to the Committee on Commerce, 

Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate that— 

(1) lists the grants that have been extended in duration 

by the authority provided under this section; and 

(2) provides any recommendations the Director may have 

regarding the extension of the authority provided under this 

section to programs other than those specified in subsection 

(a). 

SEC. 7013. COST SHARING. 

(a) IN GENERAL.—The Board shall evaluate the impact of its 

policy to eliminate cost sharing for research grants and cooperative 

agreements for existing programs that were developed around 

industry partnerships and historically required industry cost 

sharing, such as the Engineering Research Centers and Industry/ 

University Cooperative Research Centers. The Board shall also 

consider the impact that the cost sharing policy has on initiating 

new programs for which industry interest and participation are 

sought. 

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Board shall report to the Committee on 

Science and Technology and the Committee on Appropriations of 

the House of Representatives, and the Committee on Commerce, 

Science, and Transportation, the Committee on Health, Education, 

Labor, and Pensions, and the Committee on Appropriations of the 

Senate, on the results of the evaluation under subsection (a). 

SEC. 7014. ADDITIONAL REPORTS. 

(a) REPORT ON FUNDING FOR MAJOR FACILITIES.— 

42 USC 1862o–4. 

121 STAT. 682 PUBLIC LAW 110–69—AUG. 9, 2007 

(1) PRECONSTRUCTION FUNDING.—The Board shall evaluate 

the appropriateness of the requirement that funding for detailed 

design work and other preconstruction activities for major 

research equipment and facilities come exclusively from the 

sponsoring research division rather than being available, at 

least in part, from the Major Research Equipment and Facilities 

Construction account. 

(2) MAINTENANCE AND OPERATION COSTS.—The Board shall 

evaluate the appropriateness of the Foundation’s policies for 

allocation of costs for, and oversight of, maintenance and operation of major research equipment and facilities. 

(3) REPORT.—Not later than 6 months after the date of 

enactment of this Act, the Board shall report on the results 

of the evaluations under paragraphs (1) and (2) and on any 

recommendations for modifying the current policies related to 

allocation of funding for major research equipment and facilities 

to the Committee on Science and Technology and the Committee 

on Appropriations of the House of Representatives, and to 

the Committee on Commerce, Science, and Transportation, the 

Committee on Health, Education, Labor, and Pensions, and 

the Committee on Appropriations of the Senate. 

(b) INCLUSION OF POLAR FACILITIES UPGRADES IN MAJOR

RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PLAN.—Section 201(a)(2)(D) of the National Science Foundation Authorization 

Act of 1998 (42 U.S.C. 1862l(a)(2)(D)) is amended by inserting 

‘‘and for major upgrades of facilities in support of Antarctic research 

programs’’ after ‘‘facilities construction account’’. 

(c) REPORT ON EDUCATION PROGRAMS WITHIN THE RESEARCH

DIRECTORATES.—Not later than 6 months after the date of enactment of this Act, the Director shall transmit to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Commerce, Science, and Transportation and the 

Committee on Health, Education, Labor, and Pensions of the Senate 

a report cataloging all elementary school and secondary school, 

informal, and undergraduate educational programs and activities 

supported through appropriations for Research and Related Activities. The report shall display the programs and activities by directorate, along with estimated funding levels for the fiscal years 

2006, 2007, and 2008, and shall provide a description of the goals 

of each program and activity. The report shall also describe how 

the programs and activities relate to or are coordinated with the 

programs supported by the Education and Human Resources Directorate. 

(d) REPORT ON RESEARCH IN UNDERGRADUATE INSTITUTIONS

PROGRAM.—The Director shall transmit to Congress, as part of 

the President’s fiscal year 2011 budget submission under section 

1105 of title 31, United States Code, a report listing the funding 

success rates and distribution of awards for the Research in Undergraduate Institutions program, by type of institution based on the 

highest academic degree conferred by the institution, for fiscal 

years 2008, 2009, and 2010. 

(e) ANNUAL PLAN FOR ALLOCATION OF EDUCATION AND HUMAN

RESOURCES FUNDING.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of enactment of legislation providing for the annual appropriation of funds for the Foundation, the Director shall submit 

to the Committee on Science and Technology and the Committee 

Deadline. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 683 

on Appropriations of the House of Representatives, and to 

the Committee on Commerce, Science, and Transportation, the 

Committee on Health, Education, Labor, and Pensions, and 

the Committee on Appropriations of the Senate, a plan for 

the allocation of education and human resources funds authorized by this title for the corresponding fiscal year, including 

any funds from within the research and related activities 

account used to support activities that have the primary purpose of improving education or broadening participation. 

(2) SPECIFIC REQUIREMENTS.—The plan shall include a 

description of how the allocation of funding— 

(A) will affect the average size and duration of education and human resources grants supported by the 

Foundation; 

(B) will affect trends in research support for the effective instruction of science, technology, engineering, and 

mathematics; 

(C) will affect the kindergarten through grade 20 pipeline for the study of science, technology, engineering, and 

mathematics; and 

(D) will encourage the interest of individuals identified 

in section 33 or 34 of the Science and Engineering Equal 

Opportunities Act (42 U.S.C. 1885a or 1885b) in science, 

technology, engineering, and mathematics, and help prepare such individuals to pursue postsecondary studies in 

these fields. 

SEC. 7015. ADMINISTRATIVE AMENDMENTS. 

(a) TRIANNUAL AUDIT OF THE OFFICE OF THE NATIONAL SCIENCE

BOARD.—Section 15(a) of the National Science Foundation 

Authorization Act of 2002 (42 U.S.C. 1862n–5) is amended— 

(1) in paragraph (3), by striking ‘‘an annual audit’’ and 

inserting ‘‘an audit every three years’’; 

(2) in paragraph (4), by striking ‘‘each year’’ and inserting 

‘‘every third year’’; and 

(3) by inserting after paragraph (4) the following: 

‘‘(5) MATERIALS RELATING TO CLOSED PORTIONS OF

MEETINGS.—To facilitate the audit required under paragraph 

(3) of this subsection, the Office of the National Science Board 

shall maintain the General Counsel’s certificate, the presiding 

officer’s statement, and a transcript or recording of any closed 

meeting, for at least 3 years after such meeting.’’. 

(b) LIMITED TERM PERSONNEL FOR THE NATIONAL SCIENCE

BOARD.—Subsection (g) of section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863(g)) is amended to read as follows: 

‘‘(g) The Board may, with the concurrence of a majority of 

its members, permit the appointment of a staff consisting of not 

more than 5 professional staff members, technical and professional 

personnel on leave of absence from academic, industrial, or research 

institutions for a limited term, and such operations and support 

staff members as may be necessary. Such staff shall be appointed 

by the Chairman and assigned at the direction of the Board. The 

professional members and limited term technical and professional 

personnel of such staff may be appointed without regard to the 

provisions of title 5, United States Code, governing appointments 

in the competitive service, and the provisions of chapter 51 of 

such title relating to classification, and shall be compensated at 

Records. 

121 STAT. 684 PUBLIC LAW 110–69—AUG. 9, 2007 

a rate not exceeding the maximum rate payable under section 

5376 of such title, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection 

with the exercise of its powers and functions under this Act. Section 

14(a)(3) shall apply to each limited term appointment of technical 

and professional personnel under this subsection. Each appointment 

under this subsection shall be subject to the same security requirements as those required for personnel of the Foundation appointed 

under section 14(a).’’. 

(c) INCREASE IN NUMBER OF WATERMAN AWARDS TO THREE.— Section 6(c) of the National Science Foundation Authorization Act, 

1976 (42 U.S.C. 1881a) is amended to read as follows: 

‘‘(c) Not more than three awards may be made under this 

section in any one fiscal year.’’. 

SEC. 7016. NATIONAL SCIENCE BOARD REPORTS. 

Paragraphs (1) and (2) of section 4(j) of the National Science 

Foundation Act of 1950 (42 U.S.C. 1863(j)(1) and (2)) are amended 

by striking ‘‘, for submission to’’ and ‘‘for submission to’’, respectively, and inserting ‘‘and’’. 

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

Section 3801(a)(1) of title 31, United States Code (commonly 

known as the ‘‘Program Fraud Civil Remedies Act of 1986’’) is 

amended— 

(1) in subparagraph (C), by striking ‘‘and’’ after the semicolon; 

(2) in subparagraph (D), by inserting ‘‘and’’ after the semicolon; and 

(3) by adding at the end the following: 

‘‘(E) the National Science Foundation.’’. 

SEC. 7018. MEETING CRITICAL NATIONAL SCIENCE NEEDS. 

(a) IN GENERAL.—In addition to any other criteria, the Director 

shall include consideration of the degree to which awards and 

research activities that otherwise qualify for support by the Foundation may assist in meeting critical national needs in innovation, 

competitiveness, safety and security, the physical and natural 

sciences, technology, engineering, social sciences, and mathematics. 

(b) PRIORITY TREATMENT.—The Director shall give priority in 

the selection of awards and the allocation of Foundation resources 

to proposed research activities, and grants funded under the 

Foundation’s Research and Related Activities Account, that can 

be expected to make contributions in physical or natural science, 

technology, engineering, social sciences, or mathematics, or that 

enhance competitiveness, innovation, or safety and security in the 

United States. 

(c) LIMITATION.—Nothing in this section shall be construed 

to restrict or bias the grant selection process against funding other 

areas of research deemed by the Foundation to be consistent with 

its mandate nor to change the core mission of the Foundation. 

SEC. 7019. RESEARCH ON INNOVATION AND INVENTIVENESS. 

In carrying out its research programs on science policy and 

on the science of learning, the Foundation may support research 

on the process of innovation and the teaching of inventiveness. 

42 USC 1862o–6. 

42 USC 1862o–5. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 685 

SEC. 7020. CYBERINFRASTRUCTURE. 

In order to continue and expand efforts to ensure that research 

institutions throughout the Nation can fully participate in research 

programs of the Foundation and collaborate with colleagues 

throughout the Nation, the Director, not later than 180 days after 

the date of enactment of this Act, shall develop and publish a 

plan that— 

(1) describes the current status of broadband access for 

scientific research purposes at institutions in EPSCoR-eligible 

States, at institutions in rural areas, and at minority serving 

institutions; and 

(2) outlines actions that can be taken to ensure that such 

connections are available to enable participation in those 

Foundation programs that rely heavily on high-speed networking and collaborations across institutions and regions. 

SEC. 7021. PILOT PROGRAM OF GRANTS FOR NEW INVESTIGATORS. 

(a) IN GENERAL.—The Director shall carry out a pilot program 

to award 1-year grants to individuals to assist them in improving 

research proposals that were previously submitted to the Foundation but not selected for funding. 

(b) ELIGIBILITY.—To be eligible to receive a grant under this 

section, an individual— 

(1) may not have previously received funding as the principal investigator of a research grant from the Foundation; 

and 

(2) shall have submitted a proposal to the Foundation, 

which may include a proposal submitted to the Research in 

Undergraduate Institutions program, that was rated excellent 

under the Foundation’s competitive merit review process. 

(c) SELECTION PROCESS.—The Director shall make awards 

under this section based on the advice of the program officers 

of the Foundation. 

(d) USE OF FUNDS.—Grants awarded under this section shall 

be used to enable an individual to resubmit an updated research 

proposal for review by the Foundation through the agency’s competitive merit review process. Uses of funds made available under 

this section may include the generation of new data and the 

performance of additional analysis. 

(e) PROGRAM ADMINISTRATION.—The Director shall carry out 

this section through the Small Grants for Exploratory Research 

program. 

(f) NATIONAL SCIENCE BOARD REVIEW.—The Board shall conduct a review and assessment of the pilot program under this 

section, including the number of new investigators funded, the 

distribution of awards by type of institution of higher education, 

and the success rate upon resubmittal of proposals by new investigators funded through such pilot program. Not later than 3 years 

after the date of enactment of this Act, the Board shall summarize 

its findings and any recommendations regarding changes to, the 

termination of, or the continuation of the pilot program in a report 

to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and 

Transportation and the Committee on Health, Education, Labor, 

and Pensions of the Senate. 

Deadline. 

Reports. 

42 USC 1862o–8. 

Deadline. 

Publication. 

Plan. 

42 USC 1862o–7. 

121 STAT. 686 PUBLIC LAW 110–69—AUG. 9, 2007 

SEC. 7022. BROADER IMPACTS MERIT REVIEW CRITERION. 

(a) IN GENERAL.—Among the types of activities that the 

Foundation shall consider as appropriate for meeting the requirements of its broader impacts criterion for the evaluation of research 

proposals are partnerships between academic researchers and 

industrial scientists and engineers that address research areas 

identified as having high importance for future national economic 

competitiveness, such as nanotechnology. 

(b) REPORT ON BROADER IMPACTS CRITERION.—Not later than 

1 year after the date of enactment of this Act, the Director shall 

transmit to Congress a report on the impact of the broader impacts 

grant criterion used by the Foundation. The report shall— 

(1) identify the criteria that each division and directorate 

of the Foundation uses to evaluate the broader impacts aspects 

of research proposals; 

(2) provide a breakdown of the types of activities by division 

that awardees have proposed to carry out to meet the broader 

impacts criterion; 

(3) provide any evaluations performed by the Foundation 

to assess the degree to which the broader impacts aspects 

of research proposals were carried out and how effective they 

have been at meeting the goals described in the research proposals; 

(4) describe what national goals, such as improving undergraduate science, technology, engineering, and mathematics 

education, improving kindergarten through grade 12 science 

and mathematics education, promoting university-industry 

collaboration, and broadening participation of underrepresented 

groups, the broader impacts criterion is best suited to promote; 

and 

(5) describe what steps the Foundation is taking and should 

take to use the broader impacts criterion to improve undergraduate science, technology, engineering, and mathematics 

education. 

SEC. 7023. DONATIONS. 

Section 11(f) of the National Science Foundation Act of 1950 

(42 U.S.C. 1870(f)) is amended by inserting before the semicolon 

‘‘, except that funds may be donated for specific prize competitions 

for ‘basic research’ as defined in the Office of Management and 

Budget Circular No. A–11’’. 

SEC. 7024. HIGH-PERFORMANCE COMPUTING AND NETWORKING. 

(a) HIGH-PERFORMANCE COMPUTING ACT OF 1991.— 

(1) AMENDMENTS.—Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended— 

(A) in the title heading, by striking ‘‘AND THE 

NATIONAL RESEARCH AND EDUCATION NETWORK’’ and inserting ‘‘RESEARCH AND DEVELOPMENT’’; 

(B) in section 101(a) (15 U.S.C. 5511(a))— 

(i) by striking subparagraphs (A) and (B) of paragraph (1) and inserting the following: 

‘‘(A) provide for long-term basic and applied research on 

high-performance computing, including networking; 

42 USC 1862o–9. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 687 

‘‘(B) provide for research and development on, and demonstration of, technologies to advance the capacity and capabilities of high-performance computing and networking systems, 

and related software; 

‘‘(C) provide for sustained access by the research community 

throughout the United States to high-performance computing 

and networking systems that are among the most advanced 

in the world in terms of performance in solving scientific and 

engineering problems, including provision for technical support 

for users of such systems; 

‘‘(D) provide for widely dispersed efforts to increase software availability, productivity, capability, security, portability, 

and reliability; 

‘‘(E) provide for high-performance networks, including 

experimental testbed networks, to enable research and development on, and demonstration of, advanced applications enabled 

by such networks; 

‘‘(F) provide for computational science and engineering 

research on mathematical modeling and algorithms for applications in all fields of science and engineering; 

‘‘(G) provide for the technical support of, and research 

and development on, high-performance computing systems and 

software required to address Grand Challenges; 

‘‘(H) provide for educating and training additional undergraduate and graduate students in software engineering, computer science, computer and network security, applied mathematics, library and information science, and computational 

science; and 

‘‘(I) provide for improving the security of computing and 

networking systems, including Federal systems, including providing for research required to establish security standards 

and practices for these systems.’’; 

(ii) by striking paragraph (2) and redesignating 

paragraphs (3) and (4) as paragraphs (2) and (3), 

respectively; 

(iii) in paragraph (2), as redesignated by clause 

(ii)— 

(I) by striking subparagraph (B); 

(II) by redesignating subparagraphs (A) and 

(C) as subparagraphs (D) and (F), respectively; 

(III) by inserting before subparagraph (D), as 

redesignated by subclause (II), the following: 

‘‘(A) establish the goals and priorities for Federal highperformance computing research, development, networking, and 

other activities; 

‘‘(B) establish Program Component Areas that implement 

the goals established under subparagraph (A), and identify 

the Grand Challenges that the Program should address; 

‘‘(C) provide for interagency coordination of Federal highperformance computing research, development, networking, and 

other activities undertaken pursuant to the Program;’’; and 

(IV) by inserting after subparagraph (D), as 

redesignated by subclause (II) of this clause, the 

following: 

‘‘(E) develop and maintain a research, development, and 

deployment roadmap covering all States and regions for the 

121 STAT. 688 PUBLIC LAW 110–69—AUG. 9, 2007 

provision of high-performance computing and networking systems under paragraph (1)(C); and’’; and 

(iv) in paragraph (3), as so redesignated by clause 

(ii) of this subparagraph— 

(I) by striking ‘‘paragraph (3)(A)’’ and inserting 

‘‘paragraph (2)(D)’’; 

(II) by amending subparagraph (A) to read 

as follows: 

‘‘(A) provide a detailed description of the Program Component Areas, including a description of any changes in the definition of or activities under the Program Component Areas from 

the preceding report, and the reasons for such changes, and 

a description of Grand Challenges addressed under the Program;’’; 

(III) in subparagraph (C), by striking ‘‘specific 

activities’’ and all that follows through ‘‘the Network’’ and inserting ‘‘each Program Component 

Area’’; 

(IV) in subparagraph (D), by inserting ‘‘, and 

for each Program Component Area,’’ after ‘‘participating in the Program’’; 

(V) in subparagraph (D), by striking ‘‘applies;’’ 

and inserting ‘‘applies; and’’; 

(VI) by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E); and 

(VII) in subparagraph (E), as redesignated by 

subclause (VI), by inserting ‘‘and the extent to 

which the Program incorporates the recommendations of the advisory committee established under 

subsection (b)’’ after ‘‘for the Program’’; 

(C) by striking subsection (b) of section 101 (15 U.S.C. 

5511) and inserting the following: 

‘‘(b) ADVISORY COMMITTEE.—(1) The President shall establish 

an advisory committee on high-performance computing, consisting 

of geographically dispersed non-Federal members, including representatives of the research, education, and library communities, 

network and related software providers, and industry representatives in the Program Component Areas, who are specially qualified 

to provide the Director with advice and information on highperformance computing. The recommendations of the advisory committee shall be considered in reviewing and revising the Program. 

The advisory committee shall provide the Director with an independent assessment of— 

‘‘(A) progress made in implementing the Program; 

‘‘(B) the need to revise the Program; 

‘‘(C) the balance between the components of the Program, 

including funding levels for the Program Component Areas; 

‘‘(D) whether the research and development undertaken 

pursuant to the Program is helping to maintain United States 

leadership in high-performance computing, networking technology, and related software; and 

‘‘(E) other issues identified by the Director. 

‘‘(2) In addition to the duties outlined in paragraph (1), the 

advisory committee shall conduct periodic evaluations of the 

funding, management, coordination, implementation, and activities 

of the Program. The advisory committee shall report not less frequently than once every 2 fiscal years to the Committee on Science 

Reports. 

Deadline. 

Evaluations. 

President. 

Establishment. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 689 

and Technology of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate on its 

findings and recommendations. The first report shall be due within 

1 year after the date of enactment of the America COMPETES 

Act. 

‘‘(3) Section 14 of the Federal Advisory Committee Act shall 

not apply to the advisory committee established under this subsection.’’; and 

(D) in section 101(c) (15 U.S.C. 5511(c))— 

(i) in paragraph (1)(A), by striking ‘‘Program or’’ 

and inserting ‘‘Program Component Areas or’’; and 

(ii) in paragraph (2), by striking ‘‘subsection 

(a)(3)(A)’’ and inserting ‘‘subsection (a)(2)(D)’’. 

(2) DEFINITIONS.—Section 4 of the High-Performance Computing Act of 1991 (15 U.S.C. 5503) is amended— 

(A) in paragraph (2), by inserting ‘‘and multidisciplinary teams of researchers’’ after ‘‘high-performance computing resources’’; 

(B) in paragraph (3)— 

(i) by striking ‘‘scientific workstations,’’; 

(ii) by striking ‘‘(including vector supercomputers 

and large scale parallel systems)’’; 

(iii) by striking ‘‘and applications’’ and inserting 

‘‘applications’’; and 

(iv) by inserting ‘‘, and the management of large 

data sets’’ after ‘‘systems software’’; 

(C) in paragraph (4), by striking ‘‘packet switched’’; 

(D) by striking ‘‘and’’ at the end of paragraph (5); 

(E) by striking the period at the end of paragraph 

(6) and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(7) ‘Program Component Areas’ means the major subject 

areas under which related individual projects and activities 

carried out under the Program are grouped.’’. 

(3) CONFORMING AMENDMENT.—Section 1(26) of the Act 

entitled ‘‘An Act to prevent the elimination of certain reports’’, 

approved November 28, 2001 (31 U.S.C. 3113 note) is 

amended— 

(A) by striking ‘‘101(a)(3)’’ and inserting ‘‘101(a)(2)’’; 

and 

(B) by striking ‘‘(15 U.S.C. 5511(a)(3))’’ and inserting 

‘‘(15 U.S.C. 5511(a)(2))’’. 

(b) ADVANCED INFORMATION AND COMMUNICATIONS TECHNOLOGY RESEARCH.— 

(1) IN GENERAL.—As part of the Program described in title 

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

5511 et seq.), the Foundation shall support basic research 

related to advanced information and communications technologies that will contribute to enhancing or facilitating the 

availability and affordability of advanced communications services for all people of the United States. Areas of research 

to be supported may include research on— 

(A) affordable broadband access, including wireless 

technologies; 

(B) network security and reliability; 

(C) communications interoperability; 

42 USC 

1862o–10. 

31 USC 1113 

note. 

Deadline. 

121 STAT. 690 PUBLIC LAW 110–69—AUG. 9, 2007 

(D) networking protocols and architectures, including 

resilience to outages or attacks; 

(E) trusted software; 

(F) privacy; 

(G) nanoelectronics for communications applications; 

(H) low-power communications electronics; 

(I) implementation of equitable access to national 

advanced fiber optic research and educational networks 

in noncontiguous States; and 

(J) such other related areas as the Director finds appropriate. 

(2) CENTERS.—The Director shall award multiyear grants, 

subject to the availability of appropriations and on a meritreviewed competitive basis, to institutions of higher education, 

nonprofit research institutions affiliated with institutions of 

higher education, or consortia of either type of institution to 

establish multidisciplinary Centers for Communications 

Research. The purpose of the Centers shall be to generate 

innovative approaches to problems in information and communications technology research, including the research areas 

described in paragraph (1). Institutions of higher education, 

nonprofit research institutions affiliated with institutions of 

higher education, or consortia receiving such grants may 

partner with 1 or more government laboratories, for-profit entities, or other institutions of higher education or nonprofit 

research institutions. 

(3) FUNDING ALLOCATION.—The Director shall increase 

funding for the basic research activities described in paragraph 

(1), which shall include support for the Centers described in 

paragraph (2), in proportion to the increase in the total amount 

appropriated to the Foundation for research and related activities for the fiscal years 2008 through 2010. 

(4) REPORT TO CONGRESS.—The Director shall transmit to 

Congress, as part of the President’s annual budget submission 

under section 1105 of title 31, United States Code, a report 

on the amounts allocated for support of research under this 

subsection for the fiscal year during which such report is submitted and the levels proposed for the fiscal year with respect 

to which the budget submission applies. 

SEC. 7025. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 

TALENT EXPANSION PROGRAM. 

(a) AMENDMENTS.—Section 8(7) of the National Science Foundation Authorization Act of 2002 is amended— 

(1) in subparagraph (A), by striking ‘‘competitive, meritbased’’ and all that follows through ‘‘in recent years.’’ and 

inserting ‘‘competitive, merit-based multiyear grants for eligible 

applicants to improve undergraduate education in science, technology, engineering, and mathematics through— 

‘‘(i) the creation of programs to increase the number 

of students studying toward and completing associate’s or 

bachelor’s degrees in science, technology, engineering, and 

mathematics, particularly in fields that have faced 

declining enrollment in recent years; and 

‘‘(ii) the creation of not more than 5 centers (in this 

paragraph referred to as ‘Centers’) to increase the number 

of students completing undergraduate courses in science, 

116 Stat. 3040. 

Grants. 

Establishment. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 691 

technology, engineering, and mathematics, including the 

number of nonmajors, and to improve student academic 

achievement in those courses, by developing— 

‘‘(I) undergraduate educational material, including 

curricula and courses of study; 

‘‘(II) teaching methods for undergraduate courses; 

and 

‘‘(III) methods to improve the professional development of professors and teaching assistants who teach 

undergraduate courses. 

Grants made under clause (ii) shall be awarded jointly through 

the Education and Human Resources Directorate and at least 

1 research directorate of the Foundation.’’; 

(2) by amending subparagraph (B) to read as follows: 

‘‘(B) In selecting projects under subparagraph (A)(i), the 

Director shall strive to increase the number of students 

studying toward and completing associate’s or bachelor’s 

degrees, concentrations, or certificates in science, technology, 

engineering, or mathematics by giving priority to programs 

that heavily recruit individuals who are— 

‘‘(i) individuals identified in section 33 or 34 of the 

Science and Engineering Equal Opportunities Act (42 

U.S.C. 1885a or 1885b); or 

‘‘(ii) graduates of a public secondary school that— 

‘‘(I) is among the highest 25 percent of schools 

served by the local educational agency that serves the 

school, in terms of the percentage of students from 

families with incomes below the poverty line, as defined 

in section 673(2) of the Community Services Block 

Grant Act (42 U.S.C. 9902(2)), applicable to a family 

of the size involved; or 

‘‘(II) is designated with a school locale code of 

41, 42, or 43, as determined by the Secretary of Education.’’; 

(3) by striking subparagraph (C) and inserting the following: 

‘‘(C)(i) The types of projects the Foundation may support 

under subparagraph (A)(i) include those programs that— 

‘‘(I) promote high quality— 

‘‘(aa) interdisciplinary teaching; 

‘‘(bb) undergraduate-conducted research; 

‘‘(cc) mentor relationships for students, especially 

underrepresented minority and female science, technology, engineering, and mathematics students; 

‘‘(dd) bridge programs that enable students at 

community colleges to matriculate directly into baccalaureate science, technology, engineering, or mathematics programs; 

‘‘(ee) internships carried out in partnership with 

industry; 

‘‘(ff) innovative uses of digital technologies, particularly at institutions of higher education that serve 

high numbers or percentages of economically disadvantaged students; and 

‘‘(gg) bridge programs that enable underrepresented minority and female secondary school students to obtain extra science, technology, engineering, 

121 STAT. 692 PUBLIC LAW 110–69—AUG. 9, 2007 

and mathematics instruction prior to entering an 

institution of higher education; 

‘‘(II) finance summer internships for science, technology, engineering, and mathematics undergraduate students; and 

‘‘(III) conduct outreach programs that provide secondary school students and their science, technology, 

engineering, and mathematics teachers opportunities to 

increase the students’ and teachers’ exposure to engineering 

and technology. 

‘‘(ii) The types of activities the Foundation may support 

under subparagraph (A)(ii) include— 

‘‘(I) creating model curricula and laboratory programs; 

‘‘(II) developing and demonstrating research-based 

instructional methods and technologies; 

‘‘(III) developing methods to train graduate students 

and faculty to be more effective teachers of undergraduates; 

‘‘(IV) conducting programs to disseminate curricula, 

instructional methods, or training methods to faculty at 

the grantee institutions and at other institutions; 

‘‘(V) conducting assessments of the effectiveness of the 

Center at accomplishing the goals described in subparagraph (A)(ii); and 

‘‘(VI) conducting any other activities the Director determines will accomplish the goals described in subparagraph 

(A)(ii).’’; 

(4) in subparagraph (D)(i), by striking ‘‘under this paragraph’’ and inserting ‘‘under subparagraph (A)(i)’’; 

(5) in subparagraph (D)(ii), by striking ‘‘under this paragraph’’ and inserting ‘‘under subparagraph (A)(i)’’; 

(6) after subparagraph (D)(iii), by adding at the end the 

following: 

‘‘(iv) A grant under subparagraph (A)(ii) shall be awarded 

for up to 5 years.’’; 

(7) in subparagraph (E), by striking ‘‘under this paragraph’’ 

both places it appears and inserting ‘‘under subparagraph 

(A)(i)’’; 

(8) by redesignating subparagraph (F) as subparagraph 

(J); and 

(9) by inserting after subparagraph (E) the following: 

‘‘(F) Grants awarded under subparagraph (A)(ii) shall be 

carried out by a department or departments of science, technology, engineering, or mathematics at institutions of higher 

education (or a consortia thereof), which may partner with 

the department, college, or school of education at the institution. 

Applications for awards under subparagraph (A)(ii) shall be 

submitted to the Director at such time, in such manner, and 

containing such information as the Director may require. At 

a minimum, the application shall include— 

‘‘(i) a description of the activities to be carried out 

by the Center; 

‘‘(ii) a plan for disseminating programs related to the 

activities carried out by the Center to faculty at the grantee 

institution and at other institutions; 

‘‘(iii) an estimate of the number of faculty, graduate 

students (if any), and undergraduate students who will 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 693 

be affected by the activities carried out by the Center; 

and 

‘‘(iv) a plan for assessing the effectiveness of the Center 

at accomplishing the goals described in subparagraph 

(A)(ii). 

‘‘(G) In evaluating the applications submitted under 

subparagraph (F), the Director shall consider, at a minimum— 

‘‘(i) the ability of the applicant to effectively carry 

out the proposed activities, including the dissemination 

activities described in subparagraph (C)(ii)(IV); and 

‘‘(ii) the extent to which the faculty, staff, and administrators of the applicant institution are committed to 

improving undergraduate science, technology, engineering, 

and mathematics education. 

‘‘(H) In awarding grants under subparagraph (A)(ii), the 

Director shall ensure that a wide variety of science, technology, 

engineering, and mathematics fields and types of institutions 

of higher education, including 2-year colleges and minorityserving institutions, are covered, and that— 

‘‘(i) at least 1 Center is housed at a Doctoral/Research 

University as defined by the Carnegie Foundation for the 

Advancement of Teaching; and 

‘‘(ii) at least 1 Center is focused on improving undergraduate education in an interdisciplinary area. 

‘‘(I) The Director shall convene an annual meeting of the 

awardees under this paragraph to foster collaboration and to 

disseminate the results of the Centers and the other activities 

funded under this paragraph.’’. 

(b) REPORT ON DATA COLLECTION.—Not later than 180 days 

after the date of enactment of this Act, the Director shall transmit 

to Congress a report on how the Director is determining whether 

current grant recipients in the Science, Technology, Engineering, 

and Mathematics Talent Expansion Program are making satisfactory progress as required by section 8(7)(D)(ii) of the National 

Science Foundation Authorization Act of 2002 and what funding 

actions have been taken as a result of the Director’s determinations. 

SEC. 7026. LABORATORY SCIENCE PILOT PROGRAM. 

(a) FINDINGS.—Congress finds the following: 

(1) To remain competitive in science and technology in 

the global economy, the United States must increase the 

number of students graduating from high school prepared to 

pursue postsecondary education in science, technology, 

engineering, and mathematics. 

(2) There is broad agreement in the scientific community 

that learning science requires direct involvement by students 

in scientific inquiry and that laboratory experience is so integral 

to the nature of science that it must be included in every 

science program for every science student. 

(3) In America’s Lab Report, the National Research Council 

concluded that the current quality of laboratory experiences 

is poor for most students and that educators and researchers 

do not agree on how to define high school science laboratories 

or on their purpose, hampering the accumulation of research 

on how to improve laboratories. 

(4) The National Research Council found that schools with 

higher concentrations of non-Asian minorities and schools with 

Meeting. 

121 STAT. 694 PUBLIC LAW 110–69—AUG. 9, 2007 

higher concentrations of poor students are less likely to have 

adequate laboratory facilities than other schools. 

(5) The Government Accountability Office reported that 

49.1 percent of schools where the minority student population 

is greater than 50.5 percent reported not meeting functional 

requirements for laboratory science well or at all. 

(6) 40 percent of those college students who left the science 

fields reported some problems related to high school science 

preparation, including lack of laboratory experience and no 

introduction to theoretical or to analytical modes of thought. 

(7) It is in the national interest for the Federal Government 

to invest in research and demonstration projects to improve 

the teaching of laboratory science in the Nation’s high schools. 

(b) GRANT PROGRAM.—Section 8(8) of the National Science 

Foundation Authorization Act of 2002 is amended— 

(1) by redesignating subparagraphs (A) through (F) as 

clauses (i) through (vi), respectively; 

(2) by inserting ‘‘(A)’’ before ‘‘A program of competitive’’; 

and 

(3) by adding at the end the following: 

‘‘(B) In accordance with subparagraph (A)(v), the Director 

shall establish a research pilot program designated as ‘Partnerships for Access to Laboratory Science’ to award grants to 

partnerships to improve laboratories and provide instrumentation as part of a comprehensive program to enhance the quality 

of science, technology, engineering, and mathematics instruction at the secondary school level. Grants under this subparagraph may be used for— 

‘‘(i) professional development and training for teachers 

aligned with activities supported under section 2123 of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6623); 

‘‘(ii) purchase, rental, or leasing of equipment, 

instrumentation, and other scientific educational materials; 

‘‘(iii) development of instructional programs designed 

to integrate the laboratory experience with classroom 

instruction and to be consistent with State mathematics 

and science and, to the extent applicable, technology and 

engineering, academic achievement standards; 

‘‘(iv) training in laboratory safety for school personnel; 

‘‘(v) design and implementation of hands-on laboratory 

experiences to encourage the interest of individuals identified in section 33 or 34 of the Science and Engineering 

Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in 

science, technology, engineering, and mathematics and help 

prepare such individuals to pursue postsecondary studies 

in these fields; and 

‘‘(vi) assessment of the activities funded under this 

subparagraph. 

‘‘(C) Grants may be made under subparagraph (B) only 

to a partnership— 

‘‘(i) for a project that includes significant teacher 

preparation and professional development components; or 

‘‘(ii) that establishes that appropriate teacher preparation and professional development is being addressed, or 

has been addressed, through other means. 

116 Stat. 3040. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 695 

‘‘(D) Grants awarded under subparagraph (B) shall be to 

a partnership that— 

‘‘(i) includes a 2-year or 4-year degree granting institution of higher education; 

‘‘(ii) includes a high need local educational agency (as 

defined in section 201 of the Higher Education Act of 

1965); 

‘‘(iii) includes a business or eligible nonprofit organization; and 

‘‘(iv) may include a State educational agency, other 

public agency, National Laboratory, or community-based 

organization. 

‘‘(E) The Federal share of the cost of activities carried 

out using amounts from a grant under subparagraph (B) shall 

not exceed 40 percent. 

‘‘(F) The Director shall require grant recipients under 

subparagraph (B) to submit a report to the Director on the 

results of the project supported by the grant.’’. 

(c) REPORT.—The Director shall evaluate the effectiveness of 

activities carried out under the research pilot projects funded by 

the grant program established pursuant to the amendment made 

by subsection (b) in improving student achievement in science, 

technology, engineering, and mathematics. A report documenting 

the results of that evaluation shall be submitted to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Commerce, Science, and Transportation and the 

Committee on Health, Education, Labor, and Pensions of the Senate 

not later than 5 years after the date of enactment of this Act. 

The report shall identify best practices and materials developed 

and demonstrated by grant awardees. 

(d) SUNSET.—The provisions of this section shall cease to have 

force or effect on the last day of fiscal year 2010. 

(e) AUTHORIZATION OF APPROPRIATIONS.—From the amounts 

authorized under subsections (a)(2)(B), (b)(2)(B), and (c)(2)(B) of 

section 7002, there are authorized to be appropriated to carry 

out this section and the amendments made by this section 

$5,000,000 for fiscal year 2008, and such sums as may be necessary 

for each of the 2 succeeding fiscal years. 

SEC. 7027. STUDY ON LABORATORY EQUIPMENT DONATIONS FOR 

SCHOOLS. 

Not later than 2 years after the date of enactment of this 

Act, the Director shall transmit a report to Congress examining 

the extent to which institutions of higher education and entities 

in the private sector are donating used laboratory equipment to 

elementary schools and secondary schools. The Director, in consultation with the Secretary of Education, shall survey institutions of 

higher education and entities in the private sector to determine— 

(1) how often, how much, and what type of equipment 

is donated; 

(2) what criteria or guidelines the institutions and entities 

are using to determine what types of equipment can be donated, 

what condition the equipment should be in, and which schools 

receive the equipment; 

(3) whether the institutions and entities provide any support to, or follow-up with the schools; and 

(4) how appropriate donations can be encouraged. 

Deadline. 

Reports. 

Reports. 

121 STAT. 696 PUBLIC LAW 110–69—AUG. 9, 2007 

SEC. 7028. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS 

AMENDMENTS. 

Section 9 of the National Science Foundation Authorization 

Act of 2002 (42 U.S.C. 1862n) is amended— 

(1) in subsection (a)(2)(A), by striking ‘‘a State educational 

agency’’ and inserting ‘‘the department, college, or program 

of education at an institution of higher education, a State 

educational agency,’’; 

(2) by striking subparagraph (B) of subsection (a)(3) and 

inserting the following: 

‘‘(B) offering professional development programs, 

including— 

‘‘(i) teacher institutes for the 21st century, as 

described in paragraph (10); and 

‘‘(ii) academic year institutes or workshops that— 

‘‘(I) are designed to strengthen the capabilities 

of mathematics and science teachers; and 

‘‘(II) may include professional development 

activities to prepare mathematics and science 

teachers to teach challenging mathematics, 

science, and technology college-preparatory 

courses;’’; 

(3) in subsection (a)(3)(C)— 

(A) by inserting ‘‘and laboratory experiences’’ after 

‘‘technology’’; and 

(B) by inserting ‘‘and laboratory’’ after ‘‘provide technical’’; 

(4) in subsection (a)(3)(I), by inserting ‘‘including the use 

of induction programs, as defined in section 6113(h) of the 

America COMPETES Act, for teachers in their first 2 years 

of teaching,’’ after ‘‘and science,’’; 

(5) by striking subparagraph (K) of section (a)(3) and 

inserting the following: 

‘‘(K) developing science, technology, engineering, and 

mathematics educational programs and materials and conducting science, technology, engineering, and mathematics 

enrichment programs for students, including after-school 

programs and summer programs, with an emphasis on 

including and serving students described in subsection 

(b)(2)(G);’’; 

(6) in subsection (a), by adding at the end the following: 

‘‘(8) MENTORS FOR TEACHERS AND STUDENTS OF CHALLENGING COURSES.—Partnerships carrying out activities to prepare mathematics and science teachers to teach challenging 

mathematics, science, and technology college-preparatory 

courses in accordance with paragraph (3)(B) shall encourage 

companies employing scientists, technologists, engineers, or 

mathematicians to provide mentors to teachers and students 

and provide for the coordination of such mentoring activities. 

‘‘(9) INNOVATION.—Activities carried out in accordance with 

paragraph (3)(H) may include the development and dissemination of curriculum tools that will help foster inventiveness 

and innovation.’’; 

(7) in subsection (b)(2)— 

(A) by redesignating subparagraphs (E) and (F) as 

subparagraphs (F) and (G), respectively; and 

(B) by inserting after subparagraph (D) the following: 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 697 

‘‘(E) the extent to which the evaluation described in 

paragraph (1)(E) will be independent and based on objective 

measures;’’; 

(8) by striking paragraph (2) of subsection (c) and inserting 

the following: 

‘‘(2) REPORT ON EVALUATIONS.—Not later than 4 years after 

the date of enactment of the America COMPETES Act, the 

Director shall transmit a report summarizing the evaluations 

required under subsection (b)(1)(E) of grants received under 

this program and describing any changes to the program recommended as a result of these evaluations to the Committee 

on Science and Technology and the Committee on Education 

and Labor of the House of Representatives and to the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate. 

Such report shall be made widely available to the public.’’; 

and 

(9) by adding at the end the following: 

‘‘(d) DEFINITIONS.—In this section— 

‘‘(1) the term ‘mathematics and science teacher’ means 

a science, technology, engineering, or mathematics teacher at 

the elementary school or secondary school level; and 

‘‘(2) the term ‘science’, in the context of elementary and 

secondary education, includes technology and pre-engineering.’’. 

SEC. 7029. NATIONAL SCIENCE FOUNDATION TEACHER INSTITUTES 

FOR THE 21ST CENTURY. 

Section 9(a) of the National Science Foundation Authorization 

Act of 2002 (as amended by section 7028) (42 U.S.C. 1862n(a)) 

is further amended by adding at the end the following: 

‘‘(10) TEACHER INSTITUTES FOR THE 21ST CENTURY.— 

‘‘(A) IN GENERAL.—Teacher institutes for the 21st century carried out in accordance with paragraph (3)(B) shall— 

‘‘(i) be carried out in conjunction with a school 

served by the local educational agency in the partnership; 

‘‘(ii) be science, technology, engineering, and 

mathematics focused institutes that provide professional development to elementary school and secondary 

school teachers; 

‘‘(iii) serve teachers who— 

‘‘(I) are considered highly qualified (as defined 

in section 9101 of the Elementary and Secondary 

Education Act of 1965); 

‘‘(II) teach high-need subjects in science, technology, engineering, or mathematics; and 

‘‘(III) teach in high-need schools (as described 

in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965); 

‘‘(iv) focus on the priorities developed by the 

Director in consultation with a broad group of relevant 

educational organizations; 

‘‘(v) be content-based and build on school year curricula that are experiment-oriented, content-based, and 

grounded in current research; 

‘‘(vi) ensure that the pedagogy component is 

designed around specific strategies that are relevant 

121 STAT. 698 PUBLIC LAW 110–69—AUG. 9, 2007 

to teaching the subject and content on which teachers 

are being trained, which may include training teachers 

in the essential components of reading instruction for 

adolescents in order to improve student reading skills 

within the subject areas of science, technology, 

engineering, and mathematics; 

‘‘(vii) be a multiyear program that is conducted 

for a period of not less than 2 weeks per year; 

‘‘(viii) provide for direct interaction between 

participants in and faculty of the teacher institute; 

‘‘(ix) have a component that includes the use of 

the Internet; 

‘‘(x) provide for followup training in the classroom 

during the academic year for a period of not less than 

3 days, which may or may not be consecutive, for 

participants in the teacher institute, except that for 

teachers in rural local educational agencies, the 

followup training may be provided through the Internet; 

‘‘(xi) provide teachers participating in the teacher 

institute with travel expense reimbursement and classroom materials related to the teacher institute, and 

may include providing stipends as necessary; and 

‘‘(xii) establish a mechanism to provide supplemental support during the academic year for teacher 

institute participants to apply the knowledge and skills 

gained at the teacher institute. 

‘‘(B) OPTIONAL MEMBERS OF THE PARTNERSHIP.—In 

addition to the partnership requirement under paragraph 

(2), an institution of higher education or eligible nonprofit 

organization (or consortium) desiring a grant for a teacher 

institute for the 21st century may also partner with a 

teacher organization, museum, or educational partnership 

organization.’’. 

SEC. 7030. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM. 

Section 10 of the National Science Foundation Authorization 

Act of 2002 (42 U.S.C. 1862n–1) is amended to read as follows: 

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

‘‘(a) SCHOLARSHIP PROGRAM.— 

‘‘(1) IN GENERAL.—The Director shall carry out a program 

to award grants to eligible entities to recruit and train mathematics and science teachers and to provide scholarships and 

stipends to individuals participating in the program. Such program shall be known as the ‘Robert Noyce Teacher Scholarship 

Program’. 

‘‘(2) MERIT REVIEW.—Grants shall be provided under this 

section on a competitive, merit-reviewed basis. 

‘‘(3) USE OF GRANTS.—A grant provided under this section 

shall be used by the eligible entity— 

‘‘(A) to develop and implement a program to recruit 

and prepare undergraduate students majoring in science, 

technology, engineering, and mathematics at the eligible 

entity (and participating institutions of higher education 

of the consortium, if applicable) to become qualified as 

mathematics and science teachers, through— 

Grants. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 699 

‘‘(i) administering scholarships in accordance with 

subsection (c); 

‘‘(ii) offering academic courses and early clinical 

teaching experiences designed to prepare students 

participating in the program to teach in elementary 

schools and secondary schools, including such preparation as is necessary to meet requirements for teacher 

certification or licensing; 

‘‘(iii) offering programs to students participating 

in the program, both before and after the students 

receive their baccalaureate degree, to enable the students to become better mathematics and science 

teachers, to fulfill the service requirements of this section, and to exchange ideas with others in the students’ 

fields; and 

‘‘(iv) providing summer internships for freshman 

and sophomore students participating in the program; 

or 

‘‘(B) to develop and implement a program to recruit 

and prepare science, technology, engineering, or mathematics professionals to become qualified as mathematics 

and science teachers, through— 

‘‘(i) administering stipends in accordance with subsection (d); 

‘‘(ii) offering academic courses and clinical teaching 

experiences designed to prepare stipend recipients to 

teach in elementary schools and secondary schools 

served by a high need local educational agency, 

including such preparation as is necessary to meet 

requirements for teacher certification or licensing; and 

‘‘(iii) offering programs to stipend recipients, both 

during and after matriculation in the program for 

which the stipend is received, to enable recipients to 

become better mathematics and science teachers, to 

fulfill the service requirements of this section, and 

to exchange ideas with others in the students’ fields. 

‘‘(4) ELIGIBILITY REQUIREMENT.— 

‘‘(A) IN GENERAL.—To be eligible to receive a grant 

under this section, an eligible entity shall ensure that 

specific faculty members and staff from the science, technology, engineering, and mathematics departments and 

specific education faculty of the eligible entity (and participating institutions of higher education of the consortium, 

if applicable) are designated to carry out the development 

and implementation of the program. 

‘‘(B) INCLUSION OF MASTER TEACHERS.—An eligible 

entity (and participating institutions of higher education 

of the consortium, if applicable) receiving a grant under 

this section may also include master teachers in the 

development of the pedagogical content of the program 

and in the supervision of students participating in the 

program in their clinical teaching experiences. 

‘‘(C) ACTIVE PARTICIPANTS.—No eligible entity (or 

participating institution of higher education of the consortium, if applicable) shall be eligible for a grant under 

this section unless faculty from the science, technology, 

engineering, and mathematics departments of the eligible 

121 STAT. 700 PUBLIC LAW 110–69—AUG. 9, 2007 

entity (and participating institutions of higher education 

of the consortium, if applicable) are active participants 

in the program. 

‘‘(5) AWARDS.—In awarding grants under this section, the 

Director shall ensure that the eligible entities (and participating 

institutions of higher education of the consortia, if applicable) 

represent a variety of types of institutions of higher education. 

In support of this goal, the Director shall broadly disseminate 

information about when and how to apply for grants under 

this section, including by conducting outreach to— 

‘‘(A) historically Black colleges and universities that 

are part B institutions, as defined in section 322(2) of 

the Higher Education Act of 1965 (20 U.S.C. 1061(2)); 

and 

‘‘(B) minority institutions, as defined in section 365(3) 

of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)). 

‘‘(6) SUPPLEMENT NOT SUPPLANT.—Grant funds provided 

under this section shall be used to supplement, and not supplant, other Federal or State funds available for the type of 

activities supported by the grant. 

‘‘(b) SELECTION PROCESS.— 

‘‘(1) APPLICATION.—An eligible entity seeking funding under 

this section shall submit an application to the Director at 

such time, in such manner, and containing such information 

as the Director may require. The application shall include, 

at a minimum— 

‘‘(A) in the case of an applicant that is submitting 

an application on behalf of a consortium of institutions 

of higher education, a description of the participating 

institutions of higher education and the roles and responsibilities of each such institution; 

‘‘(B) a description of the program that the applicant 

intends to operate, including the number of scholarships 

and summer internships or the size and number of stipends 

the applicant intends to award, the type of activities proposed for the recruitment of students to the program, and 

the selection process that will be used in awarding the 

scholarships or stipends; 

‘‘(C) evidence that the applicant has the capability 

to administer the program in accordance with the provisions of this section, which may include a description of 

any existing programs at the applicant eligible entity (and 

participating institutions of higher education of the consortium, if applicable) that are targeted to the education of 

mathematics and science teachers and the number of 

teachers graduated annually from such programs; 

‘‘(D) a description of the academic courses and clinical 

teaching experiences required under subparagraphs (A)(ii) 

and (B)(ii) of subsection (a)(3), as applicable, including— 

‘‘(i) a description of the undergraduate program 

that will enable a student to graduate within 5 years 

with a major in science, technology, engineering, or 

mathematics and to obtain teacher certification or 

licensing; 

‘‘(ii) a description of the clinical teaching experiences proposed; and 

Minorities. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 701 

‘‘(iii) evidence of agreements between the applicant 

and the schools or local educational agencies that are 

identified as the locations at which clinical teaching 

experiences will occur; 

‘‘(E) a description of the programs required under subparagraphs (A)(iii) and (B)(iii) of subsection (a)(3), including 

activities to assist new teachers in fulfilling the teachers’ 

service requirements under this section; 

‘‘(F) an identification of the applicant eligible entity’s 

science, technology, engineering, and mathematics faculty 

and its education faculty (and such faculty of participating 

institutions of higher education of the consortium, if 

applicable) who will carry out the development and 

implementation of the program as required under subsection (a)(4); and 

‘‘(G) a description of the process the applicant will 

use to fulfill the requirements of subsection (f). 

‘‘(2) REVIEW OF APPLICATIONS.—In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum— 

‘‘(A) the ability of the applicant (and the participating 

institutions of higher education of the consortium, if 

applicable) to effectively carry out the program; 

‘‘(B) the extent to which the applicant’s science, technology, engineering, and mathematics faculty and its education faculty (and such faculty of participating institutions 

of higher education of the consortium, if applicable) have 

worked or will work collaboratively to design new or revised 

curricula that recognize the specialized pedagogy required 

to teach science, technology, engineering, and mathematics 

effectively in elementary schools and secondary schools; 

‘‘(C) the extent to which the applicant (and the participating institutions of higher education of the consortium, 

if applicable) is committed to making the program a central 

organizational focus; 

‘‘(D) the degree to which the proposed programming 

will enable scholarship or stipend recipients to become 

successful mathematics and science teachers; 

‘‘(E) the number and academic qualifications of the 

students who will be served by the program; and 

‘‘(F) the ability of the applicant (and the participating 

institutions of higher education of the consortium, if 

applicable) to recruit students who would otherwise not 

pursue a career in teaching in elementary schools or secondary schools and students who are individuals identified 

in section 33 or 34 of the Science and Engineering Equal 

Opportunities Act (42 U.S.C. 1885a or 1885b). 

‘‘(c) SCHOLARSHIP REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Scholarships under this section shall 

be available only to students who— 

‘‘(A) are majoring in science, technology, engineering, 

or mathematics; and 

‘‘(B) have attained at least junior status in a baccalaureate degree program. 

‘‘(2) SELECTION.—Individuals shall be selected to receive 

scholarships primarily on the basis of academic merit, with 

121 STAT. 702 PUBLIC LAW 110–69—AUG. 9, 2007 

consideration given to financial need and to the goal of promoting the participation of individuals identified in section 

33 or 34 of the Science and Engineering Equal Opportunities 

Act (42 U.S.C. 1885a or 1885b). 

‘‘(3) AMOUNT.—The Director shall establish for each year 

the amount to be awarded for scholarships under this section 

for that year, which shall be not less than $10,000 per year, 

except that no individual shall receive for any year more than 

the cost of attendance at that individual’s institution. Fulltime students may receive annual scholarships through the 

completion of a baccalaureate degree program, not to exceed 

a maximum of 3 years. Part-time students may receive scholarships that are prorated according to such students’ enrollment 

status, not to exceed 6 years of scholarship support. 

‘‘(4) SERVICE OBLIGATION.—If an individual receives a scholarship under this section, such individual shall be required 

to complete, within 8 years after graduation from the baccalaureate degree program for which the scholarship was 

awarded, 2 years of service as a mathematics or science teacher 

for each full scholarship award received, with a maximum 

service requirement of 6 years. Service required under this 

paragraph shall be performed in a high need local educational 

agency. 

‘‘(d) STIPENDS.— 

‘‘(1) IN GENERAL.—Stipends under this section shall be 

available only to science, technology, engineering, or mathematics professionals who, while receiving the stipend, are 

enrolled in a program established under subsection (a)(3)(B). 

‘‘(2) SELECTION.—Individuals shall be selected to receive 

stipends under this section primarily on the basis of academic 

merit and professional achievement, with consideration given 

to financial need and to the goal of promoting the participation 

of individuals identified in section 33 or 34 of the Science 

and Engineering Equal Opportunities Act (42 U.S.C. 1885a 

or 1885b). 

‘‘(3) AMOUNT AND DURATION.—Stipends under this section 

shall be not less than $10,000 per year, except that no individual shall receive for any year more than the cost of attendance at such individual’s institution. Individuals may receive 

a maximum of 1 year of stipend support, except that if an 

individual is enrolled in a part-time program, such amount 

shall be prorated according to the length of the program. 

‘‘(4) SERVICE OBLIGATION.—If an individual receives a stipend under this section, such individual shall be required to 

complete, within 4 years after graduation from the program 

for which the stipend was awarded, 2 years of service as a 

mathematics or science teacher. Service required under this 

paragraph shall be performed in a high need local educational 

agency. 

‘‘(e) CONDITIONS OF SUPPORT.—As a condition of acceptance 

of a scholarship or stipend under this section, a recipient of a 

scholarship or stipend shall enter into an agreement with the 

eligible entity— 

‘‘(1) accepting the terms of the scholarship or stipend pursuant to subsection (c) or subsection (d); 

‘‘(2) agreeing to provide the eligible entity with annual 

certification of employment and up-to-date contact information 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 703 

and to participate in surveys conducted by the eligible entity 

as part of an ongoing assessment program; and 

‘‘(3) establishing that if the service obligation required 

under this section is not completed, all or a portion of the 

scholarship or stipend received under this section shall be 

repaid in accordance with subsection (g). 

‘‘(f) COLLECTION FOR NONCOMPLIANCE.— 

‘‘(1) MONITORING COMPLIANCE.—An eligible entity receiving 

a grant under this section shall, as a condition of participating 

in the program, enter into an agreement with the Director 

to monitor the compliance of scholarship or stipend recipients 

with their respective service requirements. 

‘‘(2) COLLECTION OF REPAYMENT.— 

‘‘(A) IN GENERAL.—In the event that a scholarship or 

stipend recipient is required to repay the scholarship or 

stipend under subsection (g), the eligible entity shall— 

‘‘(i) be responsible for determining the repayment 

amounts and for notifying the recipient and the 

Director of the amount owed; and 

‘‘(ii) collect such repayment amount within a period 

of time as determined under the agreement described 

in paragraph (1), or the repayment amount shall be 

treated as a loan in accordance with subparagraph 

(C). 

‘‘(B) RETURNED TO TREASURY.—Except as provided in 

subparagraph (C), any such repayment shall be returned 

to the Treasury of the United States. 

‘‘(C) RETAIN PERCENTAGE.—An eligible entity may 

retain a percentage of any repayment the eligible entity 

collects to defray administrative costs associated with the 

collection. The Director shall establish a single, fixed 

percentage that will apply to all eligible entities. 

‘‘(g) FAILURE TO COMPLETE SERVICE OBLIGATION.— 

‘‘(1) GENERAL RULE.—If an individual who has received 

a scholarship or stipend under this section— 

‘‘(A) fails to maintain an acceptable level of academic 

standing in the educational institution in which the individual is enrolled, as determined by the Director; 

‘‘(B) is dismissed from such educational institution for 

disciplinary reasons; 

‘‘(C) withdraws from the program for which the award 

was made before the completion of such program; 

‘‘(D) declares that the individual does not intend to 

fulfill the service obligation under this section; or 

‘‘(E) fails to fulfill the service obligation of the individual under this section, 

such individual shall be liable to the United States as provided 

in paragraph (2). 

‘‘(2) AMOUNT OF REPAYMENT.— 

‘‘(A) LESS THAN ONE YEAR OF SERVICE.—If a circumstance described in paragraph (1) occurs before the 

completion of 1 year of a service obligation under this 

section, the total amount of awards received by the individual under this section shall be repaid or such amount 

shall be treated as a loan to be repaid in accordance with 

subparagraph (C). 

121 STAT. 704 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(B) MORE THAN ONE YEAR OF SERVICE.—If a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after the completion of 1 year of a service 

obligation under this section— 

‘‘(i) for a scholarship recipient, the total amount 

of scholarship awards received by the individual under 

this section, reduced by the ratio of the number of 

years of service completed divided by the number of 

years of service required, shall be repaid or such 

amount shall be treated as a loan to be repaid in 

accordance with subparagraph (C); and 

‘‘(ii) for a stipend recipient, one-half of the total 

amount of stipends received by the individual under 

this section shall be repaid or such amount shall be 

treated as a loan to be repaid in accordance with 

subparagraph (C). 

‘‘(C) REPAYMENTS.—The loans described under subparagraphs (A) and (B) shall be payable to the Federal 

Government, consistent with the provisions of part B or 

D of title IV of the Higher Education Act of 1965, and 

shall be subject to repayment in accordance with terms 

and conditions specified by the Director (in consultation 

with the Secretary of Education) in regulations promulgated to carry out this paragraph. 

‘‘(3) EXCEPTIONS.—The Director may provide for the partial 

or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance 

by the individual with the obligation is impossible or would 

involve extreme hardship to the individual, or if enforcement 

of such obligation with respect to the individual would be 

unconscionable. 

‘‘(h) DATA COLLECTION.—An eligible entity receiving a grant 

under this section shall supply to the Director any relevant statistical and demographic data on scholarship and stipend recipients 

the Director may request, including information on employment 

required under this section. 

‘‘(i) DEFINITIONS.—In this section— 

‘‘(1) the term ‘cost of attendance’ has the meaning given 

such term in section 472 of the Higher Education Act of 1965 

(20 U.S.C. 1087ll); 

‘‘(2) the term ‘eligible entity’ means— 

‘‘(A) an institution of higher education; or 

‘‘(B) an institution of higher education that receives 

grant funds on behalf of a consortium of institutions of 

higher education; 

‘‘(3) the term ‘fellowship’ means an award to an individual 

under section 10A; 

‘‘(4) the term ‘high need local educational agency’ has the 

meaning given such term in section 201 of the Higher Education 

Act of 1965 (20 U.S.C. 1021); 

‘‘(5) the term ‘mathematics and science teacher’ means 

a science, technology, engineering, or mathematics teacher at 

the elementary school or secondary school level; 

‘‘(6) the term ‘scholarship’ means an award under subsection (c); 

‘‘(7) the term ‘science, technology, engineering, or mathematics professional’ means a person who holds a baccalaureate, 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 705 

master’s, or doctoral degree in science, technology, engineering, 

or mathematics, and is working in or had a career in such 

field or a related area; and 

‘‘(8) the term ‘stipend’ means an award under subsection 

(d). 

‘‘(j) MATHEMATICS AND SCIENCE SCHOLARSHIP GIFT FUND.— 

In accordance with section 11(f) of the National Science Foundation 

Act of 1950 (42 U.S.C. 1870(f)), the Director is authorized to accept 

donations from the private sector to supplement but not supplant 

scholarships, stipends, internships, or fellowships associated with 

programs under this section or section 10A. 

‘‘(k) ASSESSMENT OF TEACHER SERVICE AND RETENTION.—Not 

later than 4 years after the date of enactment of the America 

COMPETES Act, the Director shall transmit to the Committee 

on Health, Education, Labor, and Pensions of the Senate and the 

Committee on Science and Technology of the House of Representatives a report on the effectiveness of the programs carried out 

under this section and section 10A. The report shall include the 

proportion of individuals receiving scholarships, stipends, or fellowships under the program who— 

‘‘(1) fulfill the individuals’ service obligation required under 

this section or section 10A; 

‘‘(2) remain in the teaching profession beyond the individuals’ service obligation; and 

‘‘(3) remain in the teaching profession in a high need local 

educational agency beyond the individuals’ service obligation. 

‘‘(l) EVALUATION.—Not less than 2 years after the date of enactment of the America COMPETES Act, the Director, in consultation 

with the Secretary of Education, shall conduct an evaluation to 

determine whether the scholarships, stipends, and fellowships 

authorized under this section and section 10A have been effective 

in increasing the numbers of high-quality mathematics and science 

teachers teaching in high need local educational agencies and 

whether there continue to exist significant shortages of such 

teachers in high need local educational agencies. 

‘‘SEC. 10A. NATIONAL SCIENCE FOUNDATION TEACHING FELLOWSHIPS 

AND MASTER TEACHING FELLOWSHIPS. 

‘‘(a) IN GENERAL.— 

‘‘(1) GRANTS.— 

‘‘(A) IN GENERAL.—As part of the Robert Noyce Teacher 

Scholarship Program established under section 10, the 

Director shall establish a separate program to award grants 

to eligible entities to enable such entities to administer 

fellowships in accordance with this section. 

‘‘(B) DEFINITIONS.—The terms used in this section have 

the meanings given the terms in section 10. 

‘‘(2) FELLOWSHIPS.—Fellowships under this section shall 

be available only to— 

‘‘(A) science, technology, engineering, or mathematics 

professionals, who shall be referred to as ‘National Science 

Foundation Teaching Fellows’ and who, in the first year 

of the fellowship, are enrolled in a master’s degree program 

leading to teacher certification or licensing; and 

‘‘(B) mathematics and science teachers, who shall be 

referred to as ‘National Science Foundation Master 

42 USC 

1862n–1a. 

Deadline. 

Deadline. 

Reports. 

121 STAT. 706 PUBLIC LAW 110–69—AUG. 9, 2007 

Teaching Fellows’ and who possess a master’s degree in 

their field. 

‘‘(b) ELIGIBILITY.—In order to be eligible to receive a grant 

under this section, an eligible entity shall enter into a partnership 

that shall include— 

‘‘(1) a department within an institution of higher education 

participating in the partnership that provides an advanced 

program of study in mathematics and science; 

‘‘(2)(A) a school or department within an institution of 

higher education participating in the partnership that provides 

a teacher preparation program; or 

‘‘(B) a 2-year institution of higher education that has a 

teacher preparation offering or a dual enrollment program with 

an institution of higher education participating in the partnership; 

‘‘(3) not less than 1 high need local educational agency 

and a public school or a consortium of public schools served 

by the agency; and 

‘‘(4) 1 or more nonprofit organizations that have a demonstrated record of capacity to provide expertise or support 

to meet the purposes of this section. 

‘‘(c) USE OF GRANTS.—Grants awarded under this section shall 

be used by the eligible entity (and participating institutions of 

higher education of the consortium, if applicable) to develop and 

implement a program for National Science Foundation Teaching 

Fellows or National Science Foundation Master Teaching Fellows, 

through— 

‘‘(1) administering fellowships in accordance with this section, including providing the teaching fellowship salary supplements described in subsection (f); 

‘‘(2) in the case of National Science Foundation Teaching 

Fellowships— 

‘‘(A) offering academic courses and clinical teaching 

experiences leading to a master’s degree and designed to 

prepare individuals to teach in elementary schools and 

secondary schools, including such preparation as is necessary to meet the requirements for certification or 

licensing; and 

‘‘(B) offering programs both during and after matriculation in the program for which the fellowship is received 

to enable fellows to become highly effective mathematics 

and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the 

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

in their fields; and 

‘‘(3) in the case of National Science Foundation Master 

Teaching Fellowships— 

‘‘(A) offering academic courses and leadership training 

to prepare individuals to become master teachers in 

elementary schools and secondary schools; and 

‘‘(B) offering programs both during and after matriculation in the program for which the fellowship is received 

to enable fellows to become highly effective mathematics 

and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 707 

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

in their fields. 

‘‘(d) SELECTION PROCESS.— 

‘‘(1) MERIT REVIEW.—Grants shall be awarded under this 

section on a competitive, merit-reviewed basis. 

‘‘(2) APPLICATIONS.—An eligible entity desiring a grant 

under this section shall submit an application to the Director 

at such time, in such manner, and containing such information 

as the Director may require. The application shall include, 

at a minimum— 

‘‘(A) in the case of an applicant that is submitting 

an application on behalf of a consortium of institutions 

of higher education, a description of the participating 

institutions of higher education and the roles and responsibilities of each such institution; 

‘‘(B) a description of the program that the applicant 

intends to operate, including the number of fellowships 

the applicant intends to award, the type of activities proposed for the recruitment of students to the program, and 

the amount of the teaching fellowship salary supplements 

to be provided in accordance with subsection (f); 

‘‘(C) evidence that the applicant has the capability 

to administer the program in accordance with the provisions of this section, which may include a description of 

any existing programs at the applicant eligible entity (and 

participating institutions of higher education of the consortium, if applicable) that are targeted to the education of 

mathematics and science teachers and the number of 

teachers graduated annually from such programs; 

‘‘(D) in the case of National Science Foundation 

Teaching Fellowships, a description of— 

‘‘(i) the selection process that will be used in 

awarding fellowships, including a description of the 

rigorous measures to be used, including the rigorous, 

nationally recognized assessments to be used, in order 

to determine whether individuals applying for fellowships have advanced content knowledge of science, 

technology, engineering, or mathematics; 

‘‘(ii) the academic courses and clinical teaching 

experiences described in subsection (c)(2)(A), 

including— 

‘‘(I) a description of an educational program 

that will enable a student to obtain a master’s 

degree and teacher certification or licensing within 

1 year; and 

‘‘(II) evidence of agreements between the 

applicant and the schools or local educational agencies that are identified as the locations at which 

clinical teaching experiences will occur; 

‘‘(iii) a description of the programs described in 

subsection (c)(2)(B), including activities to assist 

individuals in fulfilling their service requirements 

under this section; 

‘‘(E) evidence that the eligible entity will provide the 

teaching supplements required under subsection (f); and 

121 STAT. 708 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(F) a description of the process the applicant will 

use to fulfill the requirements of section 10(f). 

‘‘(3) CRITERIA.—In evaluating the applications submitted 

under paragraph (2), the Director shall consider, at a minimum— 

‘‘(A) the ability of the applicant (and participating 

institutions of higher education of the consortium, if 

applicable) to effectively carry out the program and to 

meet the requirements of subsection (f); 

‘‘(B) the extent to which the mathematics, science, 

or engineering faculty and the education faculty at the 

eligible entity (and participating institutions of higher education of the consortium, if applicable) have worked or 

will work collaboratively to design new or revised curricula 

that recognizes the specialized pedagogy required to teach 

science, technology, engineering, and mathematics effectively in elementary schools and secondary schools; 

‘‘(C) the extent to which the applicant (and participating institutions of higher education of the consortium, 

if applicable) is committed to making the program a central 

organizational focus; 

‘‘(D) the degree to which the proposed programming 

will enable participants to become highly effective mathematics and science teachers and prepare such participants 

to assume leadership roles in their schools, in addition 

to their regular classroom duties, including serving as 

mentor or master teachers, developing curriculum, and 

assisting in the development and implementation of professional development activities; 

‘‘(E) the number and quality of the individuals that 

will be served by the program; and 

‘‘(F) in the case of the National Science Foundation 

Teaching Fellowship, the ability of the applicant (and 

participating institutions of higher education of the consortium, if applicable) to recruit individuals who would otherwise not pursue a career in teaching and individuals identified in section 33 or 34 of the Science and Engineering 

Equal Opportunities Act (42 U.S.C. 1855a or 1855b). 

‘‘(4) SELECTION OF FELLOWS.— 

‘‘(A) IN GENERAL.—Individuals shall be selected to 

receive fellowships under this section primarily on the basis 

of— 

‘‘(i) professional achievement; 

‘‘(ii) academic merit; 

‘‘(iii) content knowledge of science, technology, 

engineering, or mathematics, as demonstrated by their 

performance on an assessment in accordance with 

paragraph (2)(D)(i); and 

‘‘(iv) in the case of National Science Foundation 

Master Teaching Fellows, demonstrated success in 

improving student academic achievement in science, 

technology, engineering, or mathematics. 

‘‘(B) PROMOTING PARTICIPATION OF CERTAIN INDIVIDUALS.—Among individuals demonstrating equivalent qualifications, consideration may be given to the goal of promoting the participation of individuals identified in section 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 709 

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

‘‘(e) DUTIES OF NATIONAL SCIENCE FOUNDATION TEACHING FELLOWS AND MASTER TEACHING FELLOWS.—A National Science 

Foundation Teaching Fellow or a National Science Foundation 

Master Teaching Fellow, while fulfilling the service obligation under 

subsection (g) and in addition to regular classroom activities, shall 

take on a leadership role within the school or local educational 

agency in which the fellow is employed, as defined by the partnership according to such fellow’s expertise, including serving as a 

mentor or master teacher, developing curricula, and assisting in 

the development and implementation of professional development 

activities. 

‘‘(f) TEACHING FELLOWSHIP SALARY SUPPLEMENTS.— ‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 

this section shall provide salary supplements to individuals 

who participate in the program under this section during the 

period of their service obligation under subsection (g). A local 

educational agency through which the service obligation is fulfilled shall agree not to reduce the base salary normally paid 

to an individual solely because such individual receives a salary 

supplement under this subsection. 

‘‘(2) AMOUNT AND DURATION.— 

‘‘(A) AMOUNT.—Salary supplements provided under 

paragraph (1) shall be not less than $10,000 per year, 

except that, in the case of a National Science Foundation 

Teaching Fellow, while enrolled in the master’s degree 

program as described in subsection (c)(2)(A), such fellow 

shall receive not more than the cost of attendance at such 

fellow’s institution. 

‘‘(B) SUPPORT WHILE ENROLLED IN MASTER’S DEGREE

PROGRAM.—A National Science Foundation Teaching Fellow 

may receive a maximum of 1 year of fellowship support 

while enrolled in a master’s degree program as described 

in subsection (c)(2)(A), except that if such fellow is enrolled 

in a part-time program, such amount shall be prorated 

according to the length of the program. 

‘‘(C) DURATION OF SUPPORT.—An eligible entity 

receiving a grant under this section shall provide teaching 

fellowship salary supplements through the period of the 

fellow’s service obligation under subsection (g). 

‘‘(g) SERVICE OBLIGATION.—An individual awarded a fellowship 

under this section shall serve as a mathematics or science teacher 

in an elementary school or secondary school served by a high 

need local educational agency for— 

‘‘(1) in the case of a National Science Foundation Teaching 

Fellow, 4 years, to be fulfilled within 6 years of completing 

the master’s program described in subsection (c)(2)(A); and 

‘‘(2) in the case of a National Science Foundation Master 

Teaching Fellow, 5 years, to be fulfilled within 7 years of 

the start of participation in the program under subsection (c)(3). 

‘‘(h) MATCHING REQUIREMENT.— 

‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 

this section shall provide, from non-Federal sources, an amount 

equal to 50 percent of the amount of the grant (which may 

be provided in cash or in-kind) to carry out the activities 

supported by the grant. 

121 STAT. 710 PUBLIC LAW 110–69—AUG. 9, 2007 

‘‘(2) WAIVER.—The Director may waive all or part of the 

matching requirement described in paragraph (1) for any fiscal 

year for an eligible entity receiving a grant under this section, 

if the Director determines that applying the matching requirement would result in serious hardship or inability to carry 

out the authorized activities described in this section. 

‘‘(i) CONDITIONS OF SUPPORT; COLLECTION FOR NONCOMPLIANCE; 

FAILURE TO COMPLETE SERVICE OBLIGATION; DATA COLLECTION.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

subsections (e), (f), (g), and (h) of section 10 shall apply to 

eligible entities and recipients of fellowships under this section, 

as applicable, in the same manner as such subsections apply 

to eligible entities and recipients of scholarships and stipends 

under section 10, as applicable. 

‘‘(2) AMOUNT OF REPAYMENT.—If a circumstance described 

in subparagraph (D) or (E) of section 10(g)(1) occurs after 

the completion of 1 year of a service obligation under this 

section— 

‘‘(A) for a National Science Foundation Teaching Fellow, the total amount of fellowship award received by the 

individual under this section while enrolled in the master’s 

degree program, reduced by one-fourth of the total amount 

for each year of service completed, plus one-half of the 

total teaching fellowship salary supplements received by 

such individual under this section, shall be repaid or such 

amount shall be treated as a loan to be repaid in accordance 

with section 10(g)(1)(C); and 

‘‘(B) for a National Science Foundation Master 

Teaching Fellow, the total amount of teaching fellowship 

salary supplements received by the individual under this 

section, reduced by one-half, shall be repaid or such amount 

shall be treated as a loan to be repaid in accordance with 

section 10(g)(1)(C).’’. 

SEC. 7031. ENCOURAGING PARTICIPATION. 

(a) COMMUNITY COLLEGE PROGRAM.—Section 3 of the Scientific 

and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is 

amended— 

(1) in subsection (a)(3)— 

(A) in subparagraph (A), by striking ‘‘and’’ after the 

semicolon; 

(B) in subparagraph (B), by striking the semicolon 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) encourage participation of individuals identified 

in section 33 or 34 of the Science and Engineering Equal 

Opportunities Act (42 U.S.C. 1885a or 1885b);’’; and 

(2) in subsection (c), by adding at the end the following: 

‘‘(3) MENTOR TRAINING GRANTS.—The Director shall— 

‘‘(A) establish a program to encourage and make grants 

available to institutions of higher education that award 

associate degrees to recruit and train individuals from the 

fields of science, technology, engineering, and mathematics 

to mentor students who are described in section 33 or 

34 of the Science and Engineering Equal Opportunities 

Act (42 U.S.C. 1885a or 1885b) in order to assist those 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 711 

students in identifying, qualifying for, and entering higherpaying technical jobs in those fields; and 

‘‘(B) make grants available to associate-degree-granting 

colleges to carry out the program identified in subsection 

(A).’’. 

(b) EVALUATION AND REPORT.—The Director shall establish 

metrics to evaluate the success of the programs established by 

the Foundation for encouraging individuals identified in section 

33 or 34 of the Science and Engineering Equal Opportunities Act 

(42 U.S.C. 1885a or 1885b) to study and prepare for careers in 

science, technology, engineering, and mathematics, including programs that provide for mentoring for such individuals. The Director 

shall carry out evaluations based on the metrics developed and 

report to Congress annually on the findings and conclusions of 

the evaluations. 

SEC. 7032. NATIONAL ACADEMY OF SCIENCES REPORT ON DIVERSITY 

IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS FIELDS. 

(a) IN GENERAL.—The Director shall enter into an arrangement 

with the National Academy of Sciences for a report, to be transmitted to the Congress not later than 1 year after the date of 

enactment of this Act, about barriers to increasing the number 

of underrepresented minorities in science, technology, engineering, 

and mathematics fields and to identify strategies for bringing more 

underrepresented minorities into the science, technology, 

engineering, and mathematics workforce. 

(b) SPECIFIC REQUIREMENTS.—The Director shall ensure that 

the report described in subsection (a) addresses— 

(1) social and institutional factors that shape the decisions 

of minority students to commit to education and careers in 

the science, technology, engineering, and mathematics fields; 

(2) specific barriers preventing greater minority student 

participation in the science, technology, engineering, and 

mathematics fields; 

(3) primary focus points for policy intervention to increase 

the recruitment and retention of underrepresented minorities 

in the future workforce of the United States; 

(4) programs already underway to increase diversity in 

the science, technology, engineering, and mathematics fields, 

and their level of effectiveness; 

(5) factors that make such programs effective, and how 

to expand and improve upon existing programs; 

(6) the role of minority-serving institutions in the diversification of the workforce of the United States in these fields 

and how that role can be supported and strengthened; and 

(7) how the public and private sectors can better assist 

minority students in their efforts to join the workforce of the 

United States in these fields. 

SEC. 7033. HISPANIC-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM. 

(a) IN GENERAL.—The Director is authorized to establish a 

new program to award grants on a competitive, merit-reviewed 

basis to Hispanic-serving institutions (as defined in section 502 

of the Higher Education Act of 1965 (20 U.S.C. 1101a)) to enhance 

the quality of undergraduate science, technology, engineering, and 

mathematics education at such institutions and to increase the 

Grants. 

42 USC 

1862o–12. 

Contracts. 

42 USC 

1862o–11. 

121 STAT. 712 PUBLIC LAW 110–69—AUG. 9, 2007 

retention and graduation rates of students pursuing associate’s 

or baccalaureate degrees in science, technology, engineering, and 

mathematics. 

(b) PROGRAM COMPONENTS.—Grants awarded under this section 

shall support— 

(1) activities to improve courses and curriculum in science, 

technology, engineering, and mathematics; 

(2) faculty development; 

(3) stipends for undergraduate students participating in 

research; and 

(4) other activities consistent with subsection (a), as determined by the Director. 

(c) INSTRUMENTATION.—Funding for instrumentation is an 

allowed use of grants awarded under this section. 

SEC. 7034. PROFESSIONAL SCIENCE MASTER’S DEGREE PROGRAMS. 

(a) CLEARINGHOUSE.— 

(1) DEVELOPMENT.—The Director shall establish a clearinghouse, in collaboration with 4-year institutions of higher education (including applicable graduate schools and academic 

departments), and industries and Federal agencies that employ 

science-trained personnel, to share program elements used in 

successful professional science master’s degree programs and 

other advanced degree programs related to science, technology, 

engineering, and mathematics. 

(2) AVAILABILITY.—The Director shall make the clearinghouse of program elements developed under paragraph (1) 

available to institutions of higher education that are developing 

professional science master’s degree programs. 

(b) PROGRAMS.— 

(1) PROGRAMS AUTHORIZED.—The Director shall award 

grants to 4-year institutions of higher education to facilitate 

the institutions’ creation or improvement of professional science 

master’s degree programs that may include linkages between 

institutions of higher education and industries that employ 

science-trained personnel, with an emphasis on practical 

training and preparation for the workforce in high-need fields. 

(2) APPLICATION.—A 4-year institution of higher education 

desiring a grant under this section shall submit an application 

to the Director at such time, in such manner, and accompanied 

by such information as the Director may require. The application shall include— 

(A) a description of the professional science master’s 

degree program that the institution of higher education 

will implement; 

(B) a description of how the professional science master’s degree program at the institution of higher education 

will produce individuals for the workforce in high-need 

fields; 

(C) the amount of funding from non-Federal sources, 

including from private industries, that the institution of 

higher education shall use to support the professional 

science master’s degree program; and 

(D) an assurance that the institution of higher education shall encourage students in the professional science 

master’s degree program to apply for all forms of Federal 

assistance available to such students, including applicable 

Grants. 

Establishment. 

42 USC 

1862o–13. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 713 

graduate fellowships and student financial assistance 

under titles IV and VII of the Higher Education Act of 

1965 (20 U.S.C. 1070 et seq., 1133 et seq.). 

(3) PREFERENCES.—The Director shall give preference in 

making awards to 4-year institutions of higher education 

seeking Federal funding to create or improve professional 

science master’s degree programs, to those applicants— 

(A) located in States with low percentages of citizens 

with graduate or professional degrees, as determined by 

the Bureau of the Census, that demonstrate success in 

meeting the unique needs of the corporate, non-profit, and 

government communities in the State, as evidenced by 

providing internships for professional science master’s 

degree students or similar partnership arrangements; or 

(B) that secure more than two-thirds of the funding 

for such professional science master’s degree programs from 

sources other than the Federal Government. 

(4) NUMBER OF GRANTS; TIME PERIOD OF GRANTS.— 

(A) NUMBER OF GRANTS.—Subject to the availability 

of appropriated funds, the Director shall award grants 

under paragraph (1) to a maximum of 200 4-year institutions of higher education. 

(B) TIME PERIOD OF GRANTS.—Grants awarded under 

this section shall be for one 3-year term. Grants may be 

renewed only once for a maximum of 2 additional years. 

(5) EVALUATION AND REPORTS.— 

(A) DEVELOPMENT OF PERFORMANCE BENCHMARKS.— 

Prior to the start of the grant program, the Director, in 

collaboration with 4-year institutions of higher education 

(including applicable graduate schools and academic 

departments), and industries and Federal agencies that 

employ science-trained personnel, shall develop performance benchmarks to evaluate the pilot programs assisted 

by grants under this section. 

(B) EVALUATION.—For each year of the grant period, 

the Director, in consultation with 4-year institutions of 

higher education (including applicable graduate schools and 

academic departments), and industries and Federal agencies that employ science-trained personnel, shall complete 

an evaluation of each program assisted by grants under 

this section. Any program that fails to satisfy the performance benchmarks developed under subparagraph (A) shall 

not be eligible for further funding. 

(C) REPORT.—Not later than 180 days after the completion of an evaluation described in subparagraph (B), the 

Director shall submit a report to Congress that includes— 

(i) the results of the evaluation; and 

(ii) recommendations for administrative and legislative action that could optimize the effectiveness of 

the pilot programs, as the Director determines to be 

appropriate. 

SEC. 7035. SENSE OF CONGRESS ON COMMUNICATIONS TRAINING FOR 

SCIENTISTS. 

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

institutions of higher education receiving awards under the Integrative Graduate Education and Research Traineeship program of 

121 STAT. 714 PUBLIC LAW 110–69—AUG. 9, 2007 

the Foundation should, among the activities supported under these 

awards, train graduate students in the communication of the substance and importance of their research to nonscientist audiences. 

(b) REPORT TO CONGRESS.—Not later than 3 years after the 

date of enactment of this Act, the Director shall transmit a report 

to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and 

Transportation and the Committee on Health, Education, Labor, 

and Pensions of the Senate, describing the training programs 

described in subsection (a) provided to graduate students who 

participated in the Integrative Graduate Education and Research 

Traineeship program. The report shall include data on the number 

of graduate students trained and a description of the types of 

activities funded. 

SEC. 7036. MAJOR RESEARCH INSTRUMENTATION. 

(a) AWARD AMOUNT.—The minimum amount of an award under 

the Major Research Instrumentation program shall be $100,000. 

The maximum amount of an award under the program shall be 

$4,000,000 except if the total amount appropriated for the program 

for a fiscal year exceeds $125,000,000, in which case the maximum 

amount of an award shall be $6,000,000. 

(b) USE OF FUNDS.—In addition to the acquisition of 

instrumentation and equipment, funds made available by awards 

under the Major Research Instrumentation program may be used 

to support the operations and maintenance of such instrumentation 

and equipment. 

(c) COST SHARING.— (1) IN GENERAL.—An institution of higher education 

receiving an award under the Major Research Instrumentation 

program shall provide at least 30 percent of the cost from 

private or non-Federal sources. 

(2) EXCEPTIONS.—Institutions of higher education that are 

not Ph.D.-granting institutions are exempt from the cost 

sharing requirement in paragraph (1), and the Director may 

reduce or waive the cost sharing requirement for— 

(A) institutions— 

(i) that are not ranked among the top 100 institutions receiving Federal research and development 

funding, as documented by the statistical data published by the Foundation; and 

(ii) for which the proposed project will make a 

substantial improvement in the institution’s capabilities to conduct leading edge research, to provide 

research experiences for undergraduate students using 

leading edge facilities, and to broaden the participation 

in science and engineering research by individuals 

identified in section 33 or 34 of the Science and 

Engineering Equal Opportunities Act (42 U.S.C. 1885a 

or 1885b); and 

(B) consortia of institutions of higher education that 

include at least one institution that is not a Ph.D.-granting 

institution. 

SEC. 7037. LIMIT ON PROPOSALS. 

(a) POLICY.—For programs supported by the Foundation that 

require as part of the selection process for awards the submission 

of preproposals and that also limit the number of preproposals 

42 USC 

1862o–15. 

42 USC 

1862o–14. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 715 

that may be submitted by an institution, the Director shall allow 

the subsequent submission of a full proposal based on each 

preproposal that is determined to have merit following the Foundation’s merit review process. 

(b) REVIEW AND ASSESSMENT OF POLICIES.—The Board shall 

review and assess the effects on institutions of higher education 

of the policies of the Foundation regarding the imposition of limitations on the number of proposals that may be submitted by a 

single institution for programs supported by the Foundation. The 

Board shall determine whether current policies are well justified 

and appropriate for the types of programs that limit the number 

of proposal submissions. Not later than 1 year after the date of 

enactment of this Act, the Board shall summarize the Board’s 

findings and any recommendations regarding changes to the current 

policy on the restriction of proposal submissions in a report to 

the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and 

Transportation and the Committee on Health, Education, Labor, 

and Pensions of the Senate. 

TITLE VIII—GENERAL PROVISIONS 

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

(a) REPORT.—Not later than January 31, 2008, the Secretary 

of Commerce, acting through the Director of the Bureau of Economic 

Analysis, shall report to Congress on the feasibility, annual cost, 

and potential benefits of a program to collect and study data relating 

to export and import of services. 

(b) PROGRAM.—The proposed program to be studied under subsection (a) shall include requirements that the Secretary annually— 

(1) provide data collection and analysis relating to export 

and import of services; 

(2) collect and analyze data for service imports and exports 

in not less than 40 service industry categories, on a Stateby-State basis; 

(3) collect data on, and analyze, the employment effects 

of exports and imports on the service industry; and 

(4) integrate ongoing and planned data collection and analysis initiatives in research and development and innovation. 

SEC. 8002. SENSE OF THE SENATE REGARDING SMALL BUSINESS 

GROWTH AND CAPITAL MARKETS. 

(a) FINDINGS.—Congress finds that— 

(1) the United States has the most fair, most transparent, 

and most efficient capital markets in the world, in part due 

to its strong securities statutory and regulatory scheme; 

(2) it is of paramount importance for the continued growth 

of the economy of the Nation, that our capital markets retain 

their leading position in the world; 

(3) small businesses are vital participants in United States 

capital markets, and play a critical role in future economic 

growth and high-wage job creation; 

(4) section 404 of the Sarbanes-Oxley Act of 2002 has 

greatly enhanced the quality of corporate governance and financial reporting for public companies and increased investor confidence; 

Deadline. 

Reports. 

121 STAT. 716 PUBLIC LAW 110–69—AUG. 9, 2007 

(5) the Securities and Exchange Commission (referred to 

in this section as the ‘‘Commission’’) and the Public Company 

Accounting Oversight Board (referred to in this section as the 

‘‘PCAOB’’) have both determined that the current auditing 

standard implementing section 404 of the Sarbanes-Oxley Act 

of 2002 has imposed unnecessary and unintended cost burdens 

on small and mid-sized public companies; 

(6) the Commission and the PCAOB are now near completion of a 2-year process intended to revise the auditing standard 

in order to provide more efficient and effective regulation; and 

(7) the Chairman of the Commission recently has said, 

with respect to section 404 of the Sarbanes-Oxley Act of 2002, 

that, ‘‘We don’t need to change the law, we need to change 

the way the law is implemented. It is the implementation 

of the law that has caused the excessive burden, not the law 

itself. That’s an important distinction. I don’t believe these 

important investor protections, which are even now only a 

few years old, should be opened up for amendment, or that 

they need to be.’’. 

(b) SENSE OF THE SENATE.—It is the sense of the Senate that 

the Commission and the PCAOB should complete promulgation 

of the final rules implementing section 404 of the Sarbanes-Oxley 

Act of 2002 (15 U.S.C. 7262). 

SEC. 8003. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF 

ACTIVITIES, GRANTS, AND PROGRAMS. 

Not later than 3 years after the date of enactment of this 

Act, the Comptroller General of the United States shall submit 

a report to Congress that— 

(1) assesses and evaluates the effectiveness of a representative sample of the new or expanded programs and activities 

(including programs and activities carried out under grants) 

required to be carried out under this Act; and 

(2) includes such recommendations as the Comptroller General determines are appropriate to ensure effectiveness of, or 

improvements to, the programs and activities, including termination of programs or activities. 

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

POLICY. 

It is the sense of the Senate that Federal funds should not 

be provided to any organization or entity that advocates against 

a United States tax policy that is internationally competitive. 

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

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

enactment of this Act, the Secretary of Education shall enter into 

an arrangement with the National Academy of Sciences to conduct 

a study and provide a report to the Secretary, the Secretary of 

Commerce, and Congress. The study shall consider the mechanisms 

and supports needed for an institution of higher education (as 

defined in section 7001) or nonprofit organization to develop and 

maintain a program to provide free access to online educational 

content as part of a degree program, especially in science, technology, engineering, mathematics, or foreign languages, without 

using Federal funds, including funds provided under title IV of 

the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) The 

study shall consider whether such a program could be developed 

Deadline. 

Contracts. 

Reports. 

Deadline. 

Reports. 

PUBLIC LAW 110–69—AUG. 9, 2007 121 STAT. 717 

and managed by such institution of higher education or nonprofit 

organization and sustained through private funding. The study 

shall examine how such program can— 

(1) build on existing online programs, including making 

use of existing online courses; 

(2) modify or expand traditional course content for online 

educational content; 

(3) develop original course content for online courses and 

degree programs; 

(4) provide necessary laboratory experience for science, 

technology, and engineering courses; 

(5) be accepted for full credit by other institutions of higher 

education; and 

(6) provide credentials that would be recognized by 

employers, enabling program participants to attain employment. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section such sums as may 

be necessary for fiscal year 2008. 

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

It is the sense of the Senate that— 

(1) the policies of the United States Government relating 

to deemed exports should safeguard the national security of 

the United States and protect fundamental research; 

(2) the Department of Commerce has established the 

Deemed Export Advisory Committee to develop recommendations for improving current controls on deemed exports; and 

(3) the President and Congress should consider the recommendations of the Deemed Export Advisory Committee in 

the development and implementation of export control policies. 

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

It is the sense of the Senate that— 

(1) Congress, the President, regulators, industry leaders, 

and other stakeholders should take the necessary steps to 

reclaim the preeminent position of the United States in the 

global financial services marketplace; 

(2) the Federal and State financial regulatory agencies 

should, to the maximum extent possible— 

(A) coordinate activities on significant policy matters, 

so as not to impose regulations that may have adverse 

unintended consequences on innovativeness with respect 

to financial products, instruments, and services, or that 

impose regulatory costs that are disproportionate to their 

benefits; and 

(B) at the same time, ensure that the regulatory framework overseeing the United States capital markets continues to promote and protect the interests of investors 

in those markets; and 

(3) given the complexity of the financial services marketplace, Congress should exercise vigorous oversight over Federal 

regulatory and statutory requirements affecting the financial 

services industry and consumers, with the goal of eliminating 

excessive regulation and problematic implementation of existing 

laws and regulations, while ensuring that necessary investor 

protections are not compromised. 

121 STAT. 718 PUBLIC LAW 110–69—AUG. 9, 2007 

LEGISLATIVE HISTORY—H.R. 2272 (S. 761): 

HOUSE REPORTS: No. 110–289 (Comm. of Conference). 

CONGRESSIONAL RECORD, Vol. 153 (2007): 

May 21, considered and passed House. 

July 19, considered and passed Senate, amended. 

Aug. 2, House and Senate agreed to conference report. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 

Aug. 9, Presidential statement. 

Æ 

SEC. 8008. ACCOUNTABILITY AND TRANSPARENCY OF ACTIVITIES 

AUTHORIZED BY THIS ACT. 

(a) PROHIBITED USE OF FUNDS.—A grant or contract funded 

by amounts authorized by this Act may not be used for the purpose 

of defraying the costs of a banquet or conference that is not directly 

and programmatically related to the purpose for which the grant 

or contract was awarded. A directly and programmatically related 

banquet or conference includes a banquet or conference held in 

connection with planning, training, assessment, review, or other 

routine purposes related to a project funded by the grant or contract. 

Records of the total costs related to, and justifications for, all 

banquets and conferences shall be reported to the appropriate 

Department, Administration, or Foundation. Not later than 60 days 

after receipt of such records, the appropriate Department, Administration, or Foundation shall make the records available to the 

public. 

(b) CONFLICT OF INTEREST STATEMENT.—Any person awarded 

a grant or contract funded by amounts authorized by this Act 

shall submit a statement to the Secretary of Commerce, the Secretary of Energy, the Secretary of Education, the Administrator, 

or the Director, as appropriate, certifying that no funds derived 

from the grant or contract will be made available through a subcontract or in any other manner to another person who has a 

financial interest or other conflict of interest in the person awarded 

the grant or contract, unless such conflict is previously disclosed 

and approved in the process of entering into a contract or awarding 

a grant. Not later than 60 days after receipt of the certification, 

the appropriate Secretary, Administrator, or Director shall make 

all documents received that relate to the certification available 

to the public. 

(c) APPLICATION TO FEDERAL GRANTS AND CONTRACTS.—Subsections (a) and (b) shall take effect 360 days after the date of 

enactment of this Act. 

(d) EXCEPTION.—Subsections (a) and (b) shall not apply to 

grants or contracts authorized under sections 6201 and 6203. 

Approved August 9, 2007. 

Effective date. 

Deadline. 

Public 

information. 

Certification. 

Deadline. 

Public 

information. 

Records. 

20 USC 9801 

note.