110TH CONGRESS

1ST SESSION S. 761

AN ACT

To invest in innovation and education to improve the

competitiveness of the United States in the global economy.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Act’’ or the ‘‘America Creating Opportunities to Meaning6 fully Promote Excellence in Technology, Education, and

7 Science Act’’.
 †

2

S 761 ES

1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into 5 divi4 sions as follows:

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

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

7 (3) DIVISION B.—Education.

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

9 (5) DIVISION E.—General Provisions.

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

11 this Act is as follows:

Sec. 1. Short title.

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

DIVISION A—COMMERCE AND SCIENCE

Sec. 1001. Short title.

TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY;

GOVERNMENT-WIDE SCIENCE

Sec. 1101. National Science and Technology Summit.

Sec. 1102. Study on barriers to innovation.

Sec. 1103. National Innovation Medal.

Sec. 1104. Release of scientific research results.

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

Days.

Sec. 1106. Study of service science.

TITLE II—INNOVATION PROMOTION

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

Sec. 1202. Innovation acceleration research.

TITLE III—NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION

Sec. 1301. NASA’s contribution to innovation.

Sec. 1302. Aeronautics Institute for Research.

Sec. 1303. Basic research enhancement.

Sec. 1304. Aging workforce issues program.

Sec. 1305. Conforming amendments.

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

3

S 761 ES

TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY

Sec. 1401. Authorization of appropriations.

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

1980.

Sec. 1403. Innovation acceleration.

Sec. 1404. Manufacturing extension.

Sec. 1405. Experimental Program to Stimulate Competitive Technology.

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

Technology Act and other technical amendments.

Sec. 1407. Clarification of eligible contributions in connection with regional

Centers responsible for implementing the objectives of the hollings manufacturing partnership program.

TITLE V—OCEAN AND ATMOSPHERIC PROGRAMS

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

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

Sec. 1503. NOAA’s contribution to innovation.

Sec. 1504. NOAA accountability and transparency.

DIVISION B—DEPARTMENT OF ENERGY

Sec. 2001. Short title.

Sec. 2002. Definitions.

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

of Energy.

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

Sec. 2005. Advanced Research Projects Authority-Energy.

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

basic research.

Sec. 2007. Discovery science and engineering innovation institutes.

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

program.

Sec. 2009. Title IX compliance.

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

Sec. 2011. Distinguished scientist program.

DIVISION C—EDUCATION

Sec. 3001. Findings.

Sec. 3002. Definitions.

TITLE I—TEACHER ASSISTANCE

Subtitle A—Teachers for a Competitive Tomorrow

Sec. 3111. Purpose.

Sec. 3112. Definitions.

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

certification.

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

or critical foreign languages education.

Sec. 3115. General provisions.

Sec. 3116. Authorization of appropriations.
†

4

S 761 ES

Subtitle B—Advanced Placement and International Baccalaureate Programs

Sec. 3121. Purpose.

Sec. 3122. Definitions.

Sec. 3123. Advanced Placement and International Baccalaureate programs.

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

Engineering Teaching

Sec. 3131. Promising practices.

TITLE II—MATHEMATICS

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

Sec. 3202. Summer term education programs.

Sec. 3203. Math skills for secondary school students.

TITLE III—FOREIGN LANGUAGE PARTNERSHIP PROGRAM

Sec. 3301. Findings and purpose.

Sec. 3302. Definitions.

Sec. 3303. Program authorized.

Sec. 3304. Authorization of appropriations.

TITLE IV—ALIGNMENT OF EDUCATION PROGRAMS

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

for P–16 education data systems.

TITLE V—MATHEMATICS AND SCIENCE PARTNERSHIP BONUS

GRANTS

Sec. 3501. Mathematics and science partnership bonus grants.

Sec. 3502. Authorization of appropriations.

DIVISION D—NATIONAL SCIENCE FOUNDATION

Sec. 4001. Authorization of appropriations.

Sec. 4002. Strengthening of education and human resources directorate

through equitable distribution of new funds.

Sec. 4003. Graduate fellowships and graduate traineeships.

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

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

Science Foundation.

Sec. 4006. Meeting critical national science needs.

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

Foundation.

Sec. 4008. Experimental Program to Stimulate Competitive Research.

Sec. 4009. Encouraging participation.

Sec. 4010. Cyberinfrastructure.

Sec. 4011. Federal information and communications technology research.

Sec. 4012. Robert Noyce Teacher Program.

Sec. 4013. Sense of the Senate regarding the mathematics and science partnership programs of the Department of Education and the National Science Foundation.

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

5

S 761 ES

Sec. 4015. Partnerships for access to laboratory science.

DIVISION E—GENERAL PROVISIONS

Sec. 5001. Collection of data relating to trade in services.

Sec. 5002. Sense of the Senate regarding small business growth and capital

markets.

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

Programs.

Sec. 5004. Prohibition against funding anti-competitiveness.

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

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

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

1 DIVISION A—COMMERCE AND

2 SCIENCE

3 SEC. 1001. SHORT TITLE.

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

6 TITLE I—OFFICE OF SCIENCE

7 AND TECHNOLOGY POLICY;

8 GOVERNMENT-WIDE SCIENCE

9 SEC. 1101. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.

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

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

12 a National Science and Technology Summit to examine

13 the health and direction of the United States’ science,

14 technology, engineering, and mathematics enterprises. The

15 Summit shall include representatives of industry, small

16 business, labor, academia, State government, Federal re17 search and development agencies, non-profit environ18 mental and energy policy groups concerned with science

19 and technology issues, and other nongovernmental organi-
†

6

S 761 ES

1 zations, including representatives of science, technology,

2 and engineering organizations and associations that rep3 resent individuals identified in section 33 or 34 of the

4 Science and Engineering Equal Opportunities Act (42

5 U.S.C. 1885a or 1885b).

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

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

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

9 identify key research and technology challenges and rec10 ommendations, including recommendations to increase the

11 representation of individuals identified in section 33 or 34

12 of the Science and Engineering Equal Opportunities Act

13 (42 U.S.C. 1885a or 1885b) in science, engineering, and

14 technology enterprises, for areas of investment for Federal

15 research and technology programs to be carried out during

16 the 5-year period beginning on the date the report is

17 issued.

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

19 Director of the Office of Science and Technology Policy

20 shall publish and submit to Congress an annual report

21 that contains recommendations for areas of investment for

22 Federal research and technology programs, including a

23 justification for each area identified in the report. Each

24 report submitted during the 5-year period beginning on
†

7

S 761 ES

1 the date of the conclusion of the Summit shall take into

2 account any recommendations made by the Summit.

3 SEC. 1102. STUDY ON BARRIERS TO INNOVATION.

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

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

6 of Science and Technology Policy shall enter into a con7 tract with the National Academy of Sciences to conduct

8 and complete a study to identify, and to review methods

9 to mitigate, new forms of risk for businesses beyond con10 ventional operational and financial risk that affect the

11 ability to innovate, including studying and reviewing—

12 (1) incentive and compensation structures that

13 could effectively encourage long-term value creation

14 and innovation;

15 (2) methods of voluntary and supplemental dis16 closure by industry of intellectual capital, innovation

17 performance, and indicators of future valuation;

18 (3) means by which government could work

19 with industry to enhance the legal and regulatory

20 framework to encourage the disclosures described in

21 paragraph (2);

22 (4) practices that may be significant deterrents

23 to United States businesses engaging in innovation

24 risk-taking compared to foreign competitors;
†

8

S 761 ES

1 (5) costs faced by United States businesses en2 gaging in innovation compared to foreign competi3 tors, including the burden placed on businesses by

4 high and rising health care costs;

5 (6) means by which industry, trade associa6 tions, and universities could collaborate to support

7 research on management practices and methodolo8 gies for assessing the value and risks of longer term

9 innovation strategies;

10 (7) means to encourage new, open, and collabo11 rative dialogue between industry associations, regu12 latory authorities, management, shareholders, labor,

13 and other concerned interests to encourage appro14 priate approaches to innovation risk-taking;

15 (8) incentives to encourage participation among

16 institutions of higher education, especially those in

17 rural and underserved areas, to engage in innova18 tion;

19 (9) relevant Federal regulations that may dis20 courage or encourage innovation;

21 (10) all provisions of the Internal Revenue Code

22 of 1986, including tax provisions, compliance costs,

23 and reporting requirements, that discourage innova24 tion;
†

9

S 761 ES

1 (11) the extent to which Federal funding pro2 motes or hinders innovation;

3 (12) the extent to which individuals are being

4 equipped with the knowledge and skills necessary for

5 success in the 21st century workforce, as measured

6 by—

7 (A) elementary school and secondary

8 school student academic achievement on the

9 State academic assessments required under sec10 tion 1111(b)(3) of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 6311

12 (b)(3)), especially in mathematics, science, and

13 reading, identified by ethnicity, race, and gen14 der;

15 (B) the rate of student entrance into insti16 tutions of higher education, identified by eth17 nicity, race, and gender, by type of institution,

18 and barriers to access to institutions of higher

19 education;

20 (C) the rates of—

21 (i) students successfully completing

22 postsecondary education programs, identi23 fied by ethnicity, race, and gender; and

24 (ii) certificates, associate degrees, and

25 baccalaureate degrees awarded in the fields
†

10

S 761 ES

1 of science, technology, engineering, and

2 mathematics, identified by ethnicity, race,

3 and gender; and

4 (D) access to, and availability of, high

5 quality job training programs;

6 (13) the projected outcomes of increasing the

7 number of individuals identified in section 33 or 34

8 of the Science and Engineering Equal Opportunities

9 Act (42 U.S.C. 1885a or 1885b) in science, tech10 nology, engineering, and mathematics fields; and

11 (14) the identification of strategies to increase

12 the participation of individuals identified in section

13 33 or 34 of the Science and Engineering Equal Op14 portunities Act (42 U.S.C. 1885a or 1885b) in

15 science, technology, engineering, and mathematics

16 fields.

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

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

19 4 years after entering into such contract, the National

20 Academy of Sciences shall submit to Congress a report

21 on the study conducted under such subsection.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to the National Acad24 emy of Sciences $1,000,000 for fiscal year 2008 for the
†

11

S 761 ES

1 purpose of carrying out the study required under this sec2 tion.

3 SEC. 1103. NATIONAL INNOVATION MEDAL.

4 Section 16 of the Stevenson-Wydler Technology Inno5 vation Act of 1980 (15 U.S.C. 3711) is amended—

6 (1) by striking the section heading and insert7 ing ‘‘SEC. 16. NATIONAL TECHNOLOGY AND IN8 NOVATION MEDAL.’’; and

9 (2) in subsection (a), by striking ‘‘Technology

10 Medal’’ and inserting ‘‘Technology and Innovation

11 Medal’’.

12 SEC. 1104. RELEASE OF SCIENTIFIC RESEARCH RESULTS.

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

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

15 of Science and Technology Policy, in consultation with the

16 Director of the Office of Management and Budget and the

17 heads of all Federal civilian agencies that conduct sci18 entific research, shall develop and issue an overarching set

19 of principles to ensure the communication and open ex20 change of data and results to other agencies, policy21 makers, and the public of research conducted by a sci22 entist employed by a Federal civilian agency and to pre23 vent the intentional or unintentional suppression or distor24 tion of such research findings. The principles shall encour25 age the open exchange of data and results of research un-
†

12

S 761 ES

1 dertaken by a scientist employed by such an agency and

2 shall be consistent with existing Federal laws, including

3 chapter 18 of title 35, United States Code (commonly

4 known as the ‘‘Bayh-Dole Act’’).

5 (b) IMPLEMENTATION.—Not later than 180 days

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

7 the Office of Science and Technology Policy shall ensure

8 that all civilian Federal agencies that conduct scientific

9 research develop specific policies and procedures regarding

10 the public release of data and results of research con11 ducted by a scientist employed by such an agency con12 sistent with the principles established under subsection

13 (a). Such polices and procedures shall—

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

15 permitted or recommended under such policies and

16 procedures;

17 (2) be specifically designed for each such agen18 cy;

19 (3) be applied uniformly throughout each such

20 agency; and

21 (4) be widely communicated and readily acces22 sible to all employees of each such agency and the

23 public.
†

13

S 761 ES

1 SEC. 1105. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGI2 NEERING, AND MATHEMATICS DAYS.

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

4 Office of Science and Technology Policy should—

5 (1) encourage all elementary and middle schools

6 to observe a Science, Technology, Engineering, and

7 Mathematics Day twice in every school year for the

8 purpose of bringing in science, technology, engineer9 ing, and mathematics mentors to provide hands-on

10 lessons to excite and inspire students to pursue the

11 science, technology, engineering, and mathematics

12 fields (including continuing education and career

13 paths);

14 (2) initiate a program, in consultation with

15 Federal agencies and departments, to provide sup16 port systems, tools (from existing outreach offices),

17 and mechanisms to allow and encourage Federal em18 ployees with scientific, technological, engineering, or

19 mathematical responsibilities to reach out to local

20 classrooms on such Science, Technology, Engineer21 ing, and Mathematics Days to instruct and inspire

22 school children, focusing on real life science, tech23 nology, engineering, and mathematics-related appli24 cable experiences along with hands-on demonstra25 tions in order to demonstrate the advantages and di-
†

14

S 761 ES

1 rect applications of studying the science, technology,

2 engineering, and mathematics fields; and

3 (3) promote Science, Technology, Engineering,

4 and Mathematics Days involvement by private sector

5 and institutions of higher education employees, in6 cluding partnerships with scientific, engineering, and

7 mathematical professional organizations representing

8 individuals identified in section 33 or 34 of the

9 Science and Engineering Equal Opportunities Act

10 (42 U.S.C. 1885a or 1885b), in a manner similar to

11 the Federal employee involvement described in para12 graph (2).

13 SEC. 1106. STUDY OF SERVICE SCIENCE.

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that, in order to strengthen the competitiveness of

16 United States enterprises and institutions and to prepare

17 the people of the United States for high-wage, high-skill

18 employment, the Federal Government should better under19 stand and respond strategically to the emerging manage20 ment and learning discipline known as service science.

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

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

23 Science and Technology Policy, through the National

24 Academy of Sciences, shall conduct a study and report to

25 Congress regarding how the Federal Government should
†

15

S 761 ES

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

2 emerging management and learning discipline known as

3 service science.

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

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

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

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

8 Higher Education Act of 1965 (20 U.S.C. 1001(a)), lead9 ers from corporations, and other relevant parties.

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

11 the term ‘‘service science’’ means curricula, training, and

12 research programs that are designed to teach individuals

13 to apply scientific, engineering, and management dis14 ciplines that integrate elements of computer science, oper15 ations research, industrial engineering, business strategy,

16 management sciences, and social and legal sciences, in

17 order to encourage innovation in how organizations create

18 value for customers and shareholders that could not be

19 achieved through such disciplines working in isolation.

20 TITLE II—INNOVATION

21 PROMOTION

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

23 COMPETITIVENESS.

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

25 President’s Council on Innovation and Competitiveness.
†

16

S 761 ES

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

2 (1) monitoring implementation of public laws

3 and initiatives for promoting innovation, including

4 policies related to research funding, taxation, immi5 gration, trade, and education that are proposed in

6 this Act or in any other Act;

7 (2) providing advice to the President with re8 spect to global trends in competitiveness and innova9 tion and allocation of Federal resources in edu10 cation, job training, and technology research and de11 velopment considering such global trends in competi12 tiveness and innovation;

13 (3) in consultation with the Director of the Of14 fice of Management and Budget, developing a proc15 ess for using metrics to assess the impact of existing

16 and proposed policies and rules that affect innova17 tion capabilities in the United States;

18 (4) identifying opportunities and making rec19 ommendations for the heads of executive agencies to

20 improve innovation, monitoring, and reporting on

21 the implementation of such recommendations;

22 (5) developing metrics for measuring the

23 progress of the Federal Government with respect to

24 improving conditions for innovation, including
†

17

S 761 ES

1 through talent development, investment, and infra2 structure improvements; and

3 (6) submitting to the President and Congress

4 an annual report on such progress.

5 (c) MEMBERSHIP AND COORDINATION.—

6 (1) MEMBERSHIP.—The Council shall be com7 posed of the Secretary or head of each of the fol8 lowing:

9 (A) The Department of Commerce.

10 (B) The Department of Defense.

11 (C) The Department of Education.

12 (D) The Department of Energy.

13 (E) The Department of Health and

14 Human Services.

15 (F) The Department of Homeland Secu16 rity.

17 (G) The Department of Labor.

18 (H) The Department of the Treasury.

19 (I) The National Aeronautics and Space

20 Administration.

21 (J) The Securities and Exchange Commis22 sion.

23 (K) The National Science Foundation.

24 (L) The Office of the United States Trade

25 Representative.
†

18

S 761 ES

1 (M) The Office of Management and Budg2 et.

3 (N) The Office of Science and Technology

4 Policy.

5 (O) The Environmental Protection Agency.

6 (P) The Small Business Administration.

7 (Q) Any other department or agency des8 ignated by the President.

9 (2) CHAIRPERSON.—The Secretary of Com10 merce shall serve as Chairperson of the Council.

11 (3) COORDINATION.—The Chairperson of the

12 Council shall ensure appropriate coordination be13 tween the Council and the National Economic Coun14 cil, the National Security Council, and the National

15 Science and Technology Council.

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

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

18 the initial meeting of the Council shall occur not

19 later than 6 months after the date of enactment of

20 this Act.

21 (d) DEVELOPMENT OF INNOVATION AGENDA.—

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

23 comprehensive agenda for strengthening the innova24 tion and competitiveness capabilities of the Federal
†

19

S 761 ES

1 Government, State governments, academia, and the

2 private sector in the United States.

3 (2) CONTENTS.—The comprehensive agenda re4 quired by paragraph (1) shall include the following:

5 (A) An assessment of current strengths

6 and weaknesses of the United States investment

7 in research and development.

8 (B) Recommendations for addressing

9 weaknesses and maintaining the United States

10 as a world leader in research and development

11 and technological innovation, including strate12 gies for increasing the participation of individ13 uals identified in section 33 or 34 of the

14 Science and Engineering Equal Opportunities

15 Act (42 U.S.C. 1885a or 1885b) in science,

16 technology, engineering, and mathematics

17 fields.

18 (C) Recommendations for strengthening

19 the innovation and competitiveness capabilities

20 of the Federal government, State governments,

21 academia, and the private sector in the United

22 States.

23 (3) ADVISORS.—

24 (A) RECOMMENDATION.—Not later than

25 30 days after the date of enactment of this Act,
†

20

S 761 ES

1 the National Academy of Sciences, in consulta2 tion with the National Academy of Engineering,

3 the Institute of Medicine, and the National Re4 search Council, shall develop and submit to the

5 President a list of 50 individuals that are rec6 ommended to serve as advisors to the Council

7 during the development of the comprehensive

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

9 advisors shall include appropriate representa10 tives from the following:

11 (i) The private sector of the economy.

12 (ii) Labor.

13 (iii) Various fields including informa14 tion technology, energy, engineering, high15 technology manufacturing, health care, and

16 education.

17 (iv) Scientific organizations.

18 (v) Academic organizations and other

19 nongovernmental organizations working in

20 the area of science or technology.

21 (vi) Nongovernmental organizations,

22 such as professional organizations, that

23 represent individuals identified in section

24 33 or 34 of the Science and Engineering

25 Equal Opportunities Act (42 U.S.C. 1885a
†

21

S 761 ES

1 or 1885b) in the areas of science, engineer2 ing, technology, and mathematics.

3 (B) DESIGNATION.—Not later than 30

4 days after the date that the National Academy

5 of Sciences submits the list of recommended in6 dividuals to serve as advisors, the President

7 shall designate 50 individuals to serve as advi8 sors to the Council.

9 (C) REQUIREMENT TO CONSULT.—The

10 Council shall develop the comprehensive agenda

11 required by paragraph (1) in consultation with

12 the advisors.

13 (4) INITIAL SUBMISSION AND UPDATES.—

14 (A) INITIAL SUBMISSION.—Not later than

15 1 year after the date of enactment of this Act,

16 the Council shall submit to Congress and the

17 President the comprehensive agenda required

18 by paragraph (1).

19 (B) UPDATES.—At least once every 2

20 years, the Council shall update the comprehen21 sive agenda required by paragraph (1) and sub22 mit each such update to Congress and the

23 President.

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

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

22

S 761 ES

1 5511(b)) is amended by striking ‘‘an’’ in the first sentence

2 and inserting ‘‘a distinct’’.

3 (f) OPTIONAL ASSIGNMENT.—Notwithstanding sub4 section (a) and paragraphs (1) and (2) of subsection (c),

5 the President may designate an existing council to carry

6 out the requirements of this section.

7 SEC. 1202. INNOVATION ACCELERATION RESEARCH.

8 (a) PROGRAM ESTABLISHED.—The President,

9 through the head of each Federal research agency, shall

10 establish a program, to be known as the Innovation Accel11 eration Research Program, to support and promote inno12 vation in the United States through research projects that

13 can yield results with far-ranging or wide-ranging implica14 tions but are considered too novel or span too diverse a

15 range of disciplines to fare well in the traditional peer re16 view process. Priority in the awarding of grants under this

17 program shall be given to research projects that—

18 (1) meet fundamental technology or scientific

19 challenges;

20 (2) involve multidisciplinary work; and

21 (3) involve a high degree of novelty.

22 (b) DEPARTMENTS AND AGENCIES.—

23 (1) FUNDING GOALS.—The President shall en24 sure that it is the goal of each Executive agency (as

25 defined in section 105 of title 5, United States
†

23

S 761 ES

1 Code) that finances research in science, mathe2 matics, engineering, and technology to allocate ap3 proximately 8 percent of the agency’s total annual

4 research and development budget to funding re5 search, including grants, under the Innovation Accel6 eration Research Program.

7 (2) ADMINISTRATION.—

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

9 after the date of enactment of this Act, the

10 head of each Executive agency participating in

11 the Innovation Acceleration Research Program

12 under paragraph (1) shall submit to the Direc13 tor of the Office of Science and Technology Pol14 icy and the Director of the Office of Manage15 ment and Budget a plan for implementing the

16 research program within such Executive agency.

17 An implementation plan may incorporate exist18 ing initiatives of the Executive agencies that

19 promote research in innovation as described in

20 subsection (a).

21 (B) REQUIRED METRICS.—

22 (i) IN GENERAL.—The head of each

23 Executive agency submitting an implemen24 tation plan pursuant to subparagraph (A)

25 shall include metrics upon which grant
†

24

S 761 ES

1 funding decisions will be made and metrics

2 for assessing the success of the grants

3 awarded.

4 (ii) METRICS FOR BASIC RESEARCH.—

5 The metrics developed under clause (i) to

6 assess basic research programs shall assess

7 management of the programs and shall not

8 assess specific scientific outcomes of the

9 research conducted by the programs.

10 (C) GRANT DURATION AND RENEWALS.—

11 (i) IN GENERAL.—Any grants issued

12 by an Executive agency under this section

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

14 (ii) EVALUATION.—Not later than 90

15 days prior to the expiration of a grant

16 issued under this section, the Executive

17 agency that approved the grant shall com18 plete an evaluation of the effectiveness of

19 the grant based on the metrics established

20 pursuant to subparagraph (B). In its eval21 uation, the Executive agency shall consider

22 the extent to which the program funded by

23 the grant met the goals of quality improve24 ment and job creation.
†

25

S 761 ES

1 (iii) PUBLICATION OF REVIEW.—The

2 Executive agency shall publish and make

3 available to the public the review of each

4 grant approved pursuant to this section.

5 (iv) FAILURE TO MEET METRICS.—

6 Any grant that the Executive agency

7 awarding the grant determines has failed

8 to satisfy any of the metrics developed pur9 suant to subparagraph (B), shall not be el10 igible for a renewal.

11 (v) RENEWAL.—A grant issued under

12 this section that satisfies all of the metrics

13 developed pursuant to subparagraph (B),

14 may be renewed once for a period of not

15 more than 3 years. Additional renewals

16 may be considered only if the head of the

17 Executive agency makes a specific finding

18 that the program being funded involves a

19 significant technology or scientific advance

20 that requires a longer time frame to com21 plete critical research, and the research

22 satisfies all the metrics developed pursuant

23 to subparagraph (B).

24 (vi) WAIVER.—The head of the Exec25 utive agency may authorize a waiver of the
†

26

S 761 ES

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

2 to satisfying metric requirements if he or

3 she determines that the grant failed to

4 meet a small number of metrics and the

5 failure was not significant for the overall

6 performance of the grant.

7 (c) DEFINITIONS.—In this section:

8 (1) FEDERAL RESEARCH AGENCY.—The term

9 ‘‘Federal research agency’’ means a major organiza10 tional component of a department or agency of the

11 Federal Government, or other establishment of the

12 Federal Government operating with appropriated

13 funds, that has as its primary purpose the perform14 ance of scientific research.

15 (2) MAJOR ORGANIZATIONAL COMPONENT.—

16 The term ‘‘major organizational component’’, with

17 respect to a department, agency, or other establish18 ment of the Federal Government, means a compo19 nent of the department, agency, or other establish20 ment that is administered by an individual whose

21 rate of basic pay is not less than the rate of basic

22 pay payable under level V of the Executive Schedule

23 under section 5316 of title 5, United States Code.
†

27

S 761 ES

1 TITLE III—NATIONAL AERO2 NAUTICS AND SPACE ADMIN3 ISTRATION

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

5 (a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—

6 The National Aeronautics and Space Administration shall

7 be a full participant in any interagency effort to promote

8 innovation and economic competitiveness through near9 term and long-term basic scientific research and develop10 ment and the promotion of science, technology, engineer11 ing, and mathematics education, consistent with the agen12 cy mission, including authorized activities.

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

14 the participation described in subsection (a), the Adminis15 trator of the National Aeronautics and Space Administra16 tion shall build on the historic role of the National Aero17 nautics and Space Administration in stimulating excel18 lence in the advancement of physical science and engineer19 ing disciplines and in providing opportunities and incen20 tives for the pursuit of academic studies in science, tech21 nology, engineering, and mathematics.

22 (c) BALANCED SCIENCE PROGRAM AND ROBUST AU23 THORIZATION LEVELS.—The balanced science program

24 authorized by section 101(d) of the National Aeronautics

25 and Space Administration Authorization Act of 2005 (42
†

28

S 761 ES

1 U.S.C. 16611) shall be an element of the contribution by

2 the National Aeronautics and Space Administration to

3 such interagency programs. It is the sense of Congress

4 that a robust National Aeronautics and Space Administra5 tion, funded at the levels authorized for fiscal years 2007

6 and 2008 under sections 202 and 203 of such Act (42

7 U.S.C. 16631 and 16632) and at appropriate levels in

8 subsequent fiscal years would enable a fair balance among

9 science, aeronautics, education, exploration, and human

10 space flight programs and allow full participation in any

11 interagency efforts to promote innovation and economic

12 competitiveness.

13 (d) ANNUAL REPORT.—

14 (1) REQUIREMENT.—The Administrator shall

15 submit to Congress and the President an annual re16 port describing the activities conducted pursuant to

17 this section, including a description of the goals and

18 the objective metrics upon which funding decisions

19 were made.

20 (2) CONTENT.—Each report submitted pursu21 ant to paragraph (1) shall include, with regard to

22 science, technology, engineering, and mathematics

23 education programs, at a minimum, the following:

24 (A) A description of each program.

25 (B) The amount spent on each program.
†

29

S 761 ES

1 (C) The number of students or teachers

2 served by each program.

3 (D) Measurement of how each program

4 improved student achievement, including with

5 regard to challenging State achievement stand6 ards.

7 SEC. 1302. AERONAUTICS INSTITUTE FOR RESEARCH.

8 (a) ESTABLISHMENT.—

9 (1) IN GENERAL.—The Administrator of the

10 National Aeronautics and Space Administration

11 shall establish within the Administration an Aero12 nautics Institute for Research for the purpose of

13 managing the aeronautics research carried out by

14 the Administration.

15 (2) DIRECTOR.—The Institute shall be headed

16 by a Director with appropriate experience in aero17 nautics research and development.

18 (b) DUTIES.—The Institute shall implement the pro19 grams authorized under title IV of the National Aero20 nautics and Space Administration Authorization Act of

21 2005 (42 U.S.C. 16701 et seq.).

22 (c) COOPERATION WITH OTHER AGENCIES.—

23 (1) IN GENERAL.—The Institute shall operate

24 in conjunction with relevant programs in the De25 partment of Transportation, the Department of De-
†

30

S 761 ES

1 fense, the Department of Commerce, and the De2 partment of Homeland Security, including the activi3 ties of the Joint Planning and Development Office

4 established under the Vision 100—Century of Avia5 tion Reauthorization Act (Public Law 108–176; 117

6 Stat. 2490).

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

8 may accept assistance, staff, and funding from those

9 Departments and other Federal agencies. Any such

10 funding shall be in addition to funds authorized for

11 aeronautics under the National Aeronautics and

12 Space Administration Authorization Act of 2005

13 (Public Law 109–155).

14 (3) OTHER COORDINATION.—The Director of

15 the Institute may utilize the Next Generation Air

16 Transportation Senior Policy Committee established

17 under section 710 of the Vision 100—Century of

18 Aviation Reauthorization Act (Public Law 108–176;

19 49 U.S.C. 40101 note) to coordinate its programs

20 with other Departments and agencies.

21 (d) PARTNERSHIPS.—In developing and carrying out

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

23 ensure the participation of experts from the private sector

24 including representatives of commercial aviation, general

25 aviation, aviation labor groups, aviation research and de-
†

31

S 761 ES

1 velopment entities, aircraft and air traffic control sup2 pliers, and the space industry.

3 SEC. 1303. BASIC RESEARCH ENHANCEMENT.

4 (a) IN GENERAL.—The Administrator of the Na5 tional Aeronautics and Space Administration, the Director

6 of the National Science Foundation, the Secretary of En7 ergy, the Secretary of Defense, and Secretary of Com8 merce shall, to the extent practicable, coordinate basic and

9 fundamental research activities related to physical

10 sciences, technology, engineering and mathematics.

11 (b) ESTABLISHMENT OF BASIC RESEARCH EXECU12 TIVE COUNCIL.—In order to ensure effective application

13 of resources to basic science activity and to facilitate coop14 erative basic and fundamental research activities with

15 other governmental organizations, the Administrator of

16 the National Aeronautics and Space Administration shall

17 establish within the Administration a Basic Research Ex18 ecutive Council to oversee the distribution and manage19 ment of programs and resources engaged in support of

20 basic research activity.

21 (c) MEMBERSHIP.—The membership of the Basic Re22 search Executive Council shall consist of the most senior

23 agency official representing each of the following areas of

24 research:

25 (1) Space Science.
†

32

S 761 ES

1 (2) Earth Science.

2 (3) Life and Microgravity Sciences.

3 (4) Aeronautical Research.

4 (d) LEADERSHIP.—The Basic Research Executive

5 Council shall be chaired by an individual appointed for

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

7 graduate degree in a recognizable discipline in the physical

8 sciences, and appropriate experience in the conduct and

9 management of basic research activity. The Chairman of

10 the Council shall report directly to the Administrator of

11 the National Aeronautics and Space Administration.

12 (e) SUPPORTING RESOURCES AND PERSONNEL.—

13 The Chairman of the Basic Research Executive Council

14 shall be provided with adequate administrative staff sup15 port to conduct the activity and functions of the Council.

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

17 shall have, at minimum, the following duties:

18 (1) To establish criteria for the identification of

19 research activity as basic in nature.

20 (2) To establish, in consultation with the Office

21 of Science and Technology Policy, the National

22 Science Foundation, the National Academy of

23 Sciences, the National Institutes of Health, and

24 other appropriate external organizations, a

25 prioritization of fundamental research activity to be
†

33

S 761 ES

1 conducted by the National Aeronautics and Space

2 Administration, to be reviewed and updated on an

3 annual basis, taking into consideration evolving na4 tional research priorities.

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

6 research activity of the National Aeronautics and

7 Space Administration for compliance with basic re8 search priorities established under paragraph (2).

9 (4) To make recommendations to the Adminis10 trator of the National Aeronautics and Space Ad11 ministration regarding adjustments in the basic re12 search activities of the Administration to ensure con13 sistency with the research priorities established

14 under this section.

15 (5) To provide an annual report to the Com16 mittee on Commerce, Science, and Transportation of

17 the Senate and the Committee on Science of the

18 House of Representatives outlining the activities of

19 the Council during the preceding year and the status

20 of basic research activity within the Administration.

21 The initial such report, to serve as a baseline docu22 ment, shall be provided within 90 days after the es23 tablishment and initial operations of the Council.
†

34

S 761 ES

1 SEC. 1304. AGING WORKFORCE ISSUES PROGRAM.

2 It is the sense of Congress that the Administrator

3 of the National Aeronautics and Space Administration

4 should implement a program to address aging work force

5 issues in aerospace that—

6 (1) documents technical and management expe7 riences before senior people leave the Administra8 tion, including—

9 (A) documenting lessons learned;

10 (B) briefing organizations;

11 (C) providing opportunities for archiving

12 lessons in a database; and

13 (D) providing opportunities for near-term

14 retirees to transition out early from their pri15 mary assignment in order to document their ca16 reer lessons learned and brief new employees

17 prior to their separation from the Administra18 tion;

19 (2) provides incentives for retirees to return

20 and teach new employees about their career lessons

21 and experiences; and

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

23 recognize and reward outstanding senior employees

24 for their contributions to knowledge sharing.
†

35

S 761 ES

1 SEC. 1305. CONFORMING AMENDMENTS.

2 Section 101(d) of the National Aeronautics and

3 Space Administration Authorization Act of 2005 (42

4 U.S.C. 16611(d)) is amended—

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

6 paragraph (2)(B);

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

8 inserting ‘‘Act; and’’;

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

10 following:

11 ‘‘(D) the number and content of science

12 activities which are undertaken in support of

13 science missions described in subparagraph (A),

14 and the number and content of science activi15 ties which may be considered as fundamental,

16 or basic research, whether incorporated within

17 specific missions or conducted independently of

18 any specific mission.’’; and

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

20 following:

21 ‘‘(H) How NASA science activities can

22 best be structured to ensure that basic and fun23 damental research can be effectively maintained

24 and coordinated in response to national goals in

25 competitiveness and innovation, and in contrib-
†

36

S 761 ES

1 uting to national scientific, technology, engi2 neering and mathematics leadership.’’.

3 SEC. 1306. FISCAL YEAR 2008 BASIC SCIENCE AND RE4 SEARCH FUNDING.

5 Notwithstanding any other provision of law, the Ad6 ministrator of the National Aeronautics and Space Admin7 istration shall increase funding for basic science and re8 search, including for the Explorer Program, for fiscal year

9 2008 by $160,000,000 by transferring such amount for

10 such purpose from accounts of the National Aeronautics

11 and Space Administration. The transfer shall be contin12 gent upon the availability of unobligated balances to the

13 National Aeronautics and Space Administration.

14 TITLE IV—NATIONAL INSTITUTE

15 OF STANDARDS AND TECH16 NOLOGY

17 SEC. 1401. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to the Sec19 retary of Commerce for the use of the National Institute

20 of Standards and Technology—

21 (1) for fiscal year 2008, $703,611,000, of

22 which $115,000,000 shall be used for the Hollings

23 Manufacturing Extension Partnership Program;
†

37

S 761 ES

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

2 which $122,005,000 shall be used for the Hollings

3 Manufacturing Extension Partnership Program;

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

5 which $131,766,000 shall be used for the Hollings

6 Manufacturing Extension Partnership Program; and

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

8 which $142,300,000 shall be used for the Hollings

9 Manufacturing Extension Partnership Program.

10 SEC. 1402. AMENDMENTS TO THE STEVENSON-WYDLER

11 TECHNOLOGY INNOVATION ACT OF 1980.

12 (a) IN GENERAL.—Section 5 of the Stevenson13 Wydler Technology Innovation Act of 1980 (15 U.S.C.

14 3704) is repealed.

15 (b) CONFORMING AMENDMENTS.—

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

17 5314 of title 5, United States Code, is amended by

18 striking ‘‘Under Secretary of Commerce for Tech19 nology.’’.

20 (2) DEFINITIONS.—Section 4 of the Stevenson21 Wydler Technology Innovation Act of 1980 (15

22 U.S.C. 3703) is amended—

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

24 and
†

38

S 761 ES

1 (B) by redesignating paragraphs (2)

2 through (13) as paragraphs (1) through (11),

3 respectively.

4 (3) REPEAL OF AUTHORIZATION.—Section

5 21(a) of the Stevenson-Wydler Technology Innova6 tion Act of 1980 (15 U.S.C. 3713(a)) is amended—

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

8 5, 11(g), and 16’’ and inserting ‘‘sections 11(g)

9 and 16’’; and

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

11 ‘‘$500,000 is authorized only for the purpose of

12 carrying out the requirements of the Japanese

13 technical literature program established under

14 section 5(d) of this Act;’’.

15 (4) HIGH-PERFORMANCE COMPUTING ACT OF

16 1991.—Section 208 of the High-Performance Com17 puting Act of 1991 (15 U.S.C. 5528) is amended by

18 striking subsection (c) and redesignating subsection

19 (d) as subsection (c).

20 (5) ASSISTIVE TECHNOLOGY ACT OF 1998.—

21 Section 6(b)(4)(B)(v) of the Assistive Technology

22 Act of 1998 (29 U.S.C. 3005(b)(4)(B)(v)) is amend23 ed by striking ‘‘the Technology Administration of

24 the Department of Commerce,’’ and inserting ‘‘the

25 National Institute of Standards and Technology,’’.
†

39

S 761 ES

1 SEC. 1403. INNOVATION ACCELERATION.

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

3 of this Act, the Director of the National Institute of

4 Standards and Technology shall—

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

6 objectives of the measurement laboratories, to be

7 known as the ‘‘Standards and Technology Accelera8 tion Research Program’’, to support and promote in9 novation in the United States through high-risk,

10 high-reward research; and

11 (2) set aside, from funds available to the meas12 urement laboratories, an amount equal to not less

13 than 8 percent of the funds available to the Institute

14 each fiscal year for such Program.

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

16 that at least 80 percent of the funds available for such

17 Program shall be used to award competitive, merit-re18 viewed grants, cooperative agreements, or contracts to

19 public or private entities, including businesses and univer20 sities. In selecting entities to receive such assistance, the

21 Director shall ensure that the project proposed by an enti22 ty has scientific and technical merit and that any resulting

23 intellectual property shall vest in a United States entity

24 that can commercialize the technology in a timely manner.

25 Each external project shall involve at least one small or

26 medium-sized business and the Director shall give priority
†

40

S 761 ES

1 to joint ventures between small or medium-sized busi2 nesses and educational institutions. Any grant shall be for

3 a period not to exceed 3 years.

4 (c) COMPETITIONS.—The Director shall solicit pro5 posals annually to address areas of national need for high6 risk, high-reward research, as identified by the Director.

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

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

9 including include a description of the metrics upon which

10 grant funding decisions were made in the previous fiscal

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

12 evaluating the success of ongoing and completed grants,

13 and an evaluation of ongoing and completed grants. The

14 first annual report shall include best practices for manage15 ment of programs to stimulate high-risk, high-reward re16 search.

17 (e) ADMINISTRATIVE EXPENSES.—No more than 5

18 percent of the finding available to the program may be

19 used for administrative expenses.

20 (f) HIGH-RISK, HIGH-REWARD RESEARCH DE21 FINED.—In this section, the term ‘‘high-risk, high-reward

22 research’’ means research that—

23 (1) has the potential for yielding results with

24 far-ranging or wide-ranging implications;
†

41

S 761 ES

1 (2) addresses critical national needs related to

2 measurement standards and technology; and

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

4 disciplines to fare well in the traditional peer review

5 process.

6 SEC. 1404. MANUFACTURING EXTENSION.

7 (a) MANUFACTURING CENTER EVALUATION.—Sec8 tion 25(c)(5) of the National Institute of Standards and

9 Technology Act (15 U.S.C. 278k(c)(5)) is amended by in10 serting ‘‘A Center that has not received a positive evalua11 tion by the evaluation panel shall be notified by the panel

12 of the deficiencies in its performance and shall be placed

13 on probation for one year, after which time the panel shall

14 reevaluate the Center. If the Center has not addressed the

15 deficiencies identified by the panel, or shown a significant

16 improvement in its performance, the Director shall con17 duct a new competition to select an operator for the Cen18 ter or may close the Center.’’ after ‘‘at declining levels.’’.

19 (b) FEDERAL SHARE.—Section 25 of the National

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

21 278k) is amended by striking subsection (d) and inserting

22 the following:

23 ‘‘(d) ACCEPTANCE OF FUNDS.—In addition to such

24 sums as may be appropriated to the Secretary and Direc25 tor to operate the Centers program, the Secretary and Di-
†

42

S 761 ES

1 rector also may accept funds from other Federal depart2 ments and agencies and under section 2(c)(7) from the

3 private sector for the purpose of strengthening United

4 States manufacturing. Such funds from the private sector,

5 if allocated to a Center or Centers, shall not be considered

6 in the calculation of the Federal share of capital and an7 nual operating and maintenance costs under subsection

8 (c).’’.

9 SEC. 1405. EXPERIMENTAL PROGRAM TO STIMULATE COM10 PETITIVE TECHNOLOGY.

11 (a) IN GENERAL.—The Director of the National In12 stitutes of Standards and Technology shall re-establish the

13 Experimental Program to Stimulate Competitive Tech14 nology. The purpose of the program shall be to strengthen

15 the technological competitiveness of those States that have

16 historically received less Federal research and development

17 funds than a majority of the States have received.

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

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

20 science and technology-based economic development orga21 nization and with representatives of small business firms

22 and other appropriate technology-based businesses.

23 (c) GRANTS AND COOPERATIVE AGREEMENTS.—In

24 carrying out the program, the Director may make grants

25 or enter into cooperative agreements to provide for—
†

43

S 761 ES

1 (1) technology research and development;

2 (2) technology transfer from university re3 search;

4 (3) technology deployment and diffusion; and

5 (4) the strengthening of technological and inno6 vation capabilities through consortia comprised of—

7 (A) technology-based small business firms;

8 (B) industries and emerging companies;

9 (C) institutions of higher education includ10 ing community colleges; and

11 (D) State and local development agencies

12 and entities.

13 (d) REQUIREMENTS FOR MAKING AWARDS.—

14 (1) IN GENERAL.—In making awards under

15 this section, the Director shall ensure that the

16 awards are awarded on a competitive basis that in17 cludes a review of the merits of the activities that

18 are the subject of the award, giving special emphasis

19 to those projects which will increase the participa20 tion of women, Native Americans (including Native

21 Hawaiians and Alaska Natives), and underrep22 resented groups in science and technology.

23 (2) MATCHING REQUIREMENT.—The non-Fed24 eral share of the activities (other than planning ac25 tivities) carried out under an award under this sub-
†

44

S 761 ES

1 section shall be not less than 50 percent of the cost

2 of those activities.

3 (e) CRITERIA FOR STATES.—The Director shall es4 tablish criteria for achievement by each State that partici5 pates in the program. Upon the achievement of all such

6 criteria, a State shall cease to be eligible to participate

7 in the program.

8 (f) COORDINATION.—To the extent practicable, in

9 carrying out this subsection, the Director shall coordinate

10 the program with other programs of the Department of

11 Commerce.

12 (g) REPORT.—

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

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

15 prepare and submit to the Committee on Commerce,

16 Science, and Transportation of the Senate and the

17 Committee on Science of the House of Representa18 tives a report that meets the requirements of this

19 subsection.

20 (2) REQUIREMENTS FOR REPORT.—The report

21 required by this subsection shall contain—

22 (A) a description of the structure and pro23 cedures of the program;

24 (B) a management plan for the program;
†

45

S 761 ES

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

2 process to be used in the program;

3 (D) milestones for the evaluation of activi4 ties to be assisted under the program in fiscal

5 year 2008;

6 (E) an assessment of the eligibility of each

7 State that participates in the Experimental

8 Program to Stimulate Competitive Research of

9 the National Science Foundation to participate

10 in the program under this subsection; and

11 (F) the evaluation criteria with respect to

12 which the overall management and effectiveness

13 of the program will be evaluated.

14 SEC. 1406. TECHNICAL AMENDMENTS TO THE NATIONAL IN15 STITUTE OF STANDARDS AND TECHNOLOGY

16 ACT AND OTHER TECHNICAL AMENDMENTS.

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

18 National Institute of Standards and Technology Act (15

19 U.S.C. 278g–1) is amended by striking ‘‘up to 1 per cen20 tum of the’’ in the first sentence.

21 (b) FINANCIAL AGREEMENTS.—

22 (1) CLARIFICATION.—Section 2(b)(4) of the

23 National Institute of Standards and Technology Act

24 (15 U.S.C. 272(b)(4)) is amended by inserting ‘‘and
†

46

S 761 ES

1 grants and cooperative agreements,’’ after ‘‘arrange2 ments,’’.

3 (2) MEMBERSHIPS.—Section 2(c) of the Na4 tional Institute of Standards and Technology Act

5 (15 U.S.C. 272(c)) is amended—

6 (A) by striking ‘‘and’’ after the semicolon

7 in paragraph (21);

8 (B) by redesignating paragraph (22) as

9 paragraph (23); and

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

11 following:

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

13 section, sections 6301 through 6308 of title 31,

14 United States Code (commonly known as the

15 ‘Grants and Cooperative Agreements Act’), sections

16 3551 through 3556 of such title (commonly known

17 as the ‘Competition in Contracting Act’), and the

18 Federal Acquisition Regulations set forth in title 48,

19 Code of Federal Regulations, to expend appropriated

20 funds for National Institute of Standards and Tech21 nology memberships in scientific organizations, reg22 istration fees for attendance at conferences, and

23 sponsorship of conferences in furtherance of tech24 nology transfer; and’’.

25 (c) OUTDATED SPECIFICATIONS.—
†

47

S 761 ES

1 (1) REDEFINITION OF METRIC SYSTEM.—Sec2 tion 2 of the Act of July 28, 1866, entitled ‘‘An Act

3 to authorize the Use of the Metric System of

4 Weights and Measures’’ (15 U.S.C. 205; 14 Stat.

5 339) is amended to read as follows:

6 ‘‘SEC. 2. METRIC SYSTEM DEFINED.

7 ‘‘The metric system of measurement shall be defined

8 as the International System of Units as established in

9 1960, and subsequently maintained, by the General Con10 ference of Weights and Measures, and as interpreted or

11 modified for the United States by the Secretary of Com12 merce.’’.

13 (2) REPEAL OF REDUNDANT AND OBSOLETE

14 AUTHORITY.—The Act of July 21, 1950, entitled,

15 ‘‘An Act To redefine the units and establish the

16 standards of electrical and photometric measure17 ments of 1950’’ (15 U.S.C. 223) is hereby repealed.

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

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

20 Act’’) (15 U.S.C. 264) is amended—

21 (A) in the section heading, by striking

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

23 and

24 (B) by striking ‘‘third zone’’ and inserting

25 ‘‘fourth zone’’.
†

48

S 761 ES

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

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

3 Act’’) (15 U.S.C. 261) is amended—

4 (A) by inserting ‘‘(a) IN GENERAL.—’’ be5 fore ‘‘For the purpose’’;

6 (B) by striking the second sentence and

7 the extra period after it and inserting ‘‘Except

8 as provided in section 3(a) of the Uniform Time

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

10 time of the first zone shall be Coordinated Uni11 versal Time retarded by 4 hours; that of the

12 second zone retarded by 5 hours; that of the

13 third zone retarded by 6 hours; that of the

14 fourth zone retarded by 7 hours; that of the

15 fifth zone retarded 8 hours; that of the sixth

16 zone retarded by 9 hours; that of the seventh

17 zone retarded by 10 hours; that of the eighth

18 zone retarded by 11 hours; and that of the

19 ninth zone shall be Coordinated Universal Time

20 advanced by 10 hours.’’; and

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

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

23 this section, the term ‘Coordinated Universal Time’ means

24 the time scale maintained through the General Conference

25 of Weights and Measures and interpreted or modified for
†

49

S 761 ES

1 the United States by the Secretary of Commerce in coordi2 nation with the Secretary of the Navy.’’.

3 (d) NON-ENERGY INVENTIONS PROGRAM.—Section

4 27 of the National Institute of Standards and Technology

5 Act (15 U.S.C. 278m) is repealed.

6 SEC. 1407. CLARIFICATION OF ELIGIBLE CONTRIBUTIONS

7 IN CONNECTION WITH REGIONAL CENTERS

8 RESPONSIBLE FOR IMPLEMENTING THE OB9 JECTIVES OF THE HOLLINGS MANUFAC10 TURING PARTNERSHIP PROGRAM.

11 Paragraph (3) of section 25(c) of the National Insti12 tute of Standards and Technology Act (15 U.S.C.

13 278k(c)(3)) is amended to read as follows:

14 ‘‘(3) FINANCIAL SUPPORT.—

15 ‘‘(A) IN GENERAL.—Any nonprofit institu16 tion, or group thereof, or consortia of nonprofit

17 institutions, including entities existing on Au18 gust 23, 1988, may submit to the Secretary an

19 application for financial support under this sub20 section, in accordance with the procedures es21 tablished by the Secretary and published in the

22 Federal Register under paragraph (2).

23 ‘‘(B) CENTER CONTRIBUTIONS.—In order

24 to receive assistance under this section, an ap25 plicant for financial assistance under subpara-
†

50

S 761 ES

1 graph (A) shall provide adequate assurances

2 that non-Federal assets obtained from the ap3 plicant and the applicant’s partnering organiza4 tions will be used as a funding source to meet

5 not less than 50 percent of the costs incurred

6 for the first 3 years and an increasing share for

7 each of the last 3 years. For purposes of the

8 preceding sentence, the costs incurred means

9 the costs incurred in connection with the activi10 ties undertaken to improve the management,

11 productivity, and technological performance of

12 small- and medium-sized manufacturing compa13 nies.

14 ‘‘(C) AGREEMENTS WITH OTHER ENTI15 TIES.—In meeting the 50 percent requirement,

16 it is anticipated that a Center will enter into

17 agreements with other entities such as private

18 industry, universities, and State governments to

19 accomplish programmatic objectives and access

20 new and existing resources that will further the

21 impact of the Federal investment made on be22 half of small- and medium-sized manufacturing

23 companies. All non-Federal costs, contributed

24 by such entities and determined by a Center as

25 programmatically reasonable and allocable are
†

51

S 761 ES

1 includable as a portion of the Center’s contribu2 tion.

3 ‘‘(D) ALLOCATION OF LEGAL RIGHTS.—

4 Each applicant under subparagraph (A) shall

5 also submit a proposal for the allocation of any

6 legal right associated with any invention that

7 may result from an activity of a Center for

8 which such applicant receives financial assist9 ance under this section.’’.

10 TITLE V—OCEAN AND

11 ATMOSPHERIC PROGRAMS

12 SEC. 1501. OCEAN AND ATMOSPHERIC RESEARCH AND DE13 VELOPMENT PROGRAM.

14 The Administrator of the National Oceanic and At15 mospheric Administration, in consultation with the Direc16 tor of the National Science Foundation and the Adminis17 trator of the National Aeronautics and Space Administra18 tion, shall establish a coordinated program of ocean, coast19 al, Great Lakes, and atmospheric research and develop20 ment, in collaboration with academic institutions and

21 other nongovernmental entities, that shall focus on the de22 velopment of advanced technologies and analytical meth23 ods that will promote United States leadership in ocean

24 and atmospheric science and competitiveness in the ap25 plied uses of such knowledge.
†

52

S 761 ES

1 SEC. 1502. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDU2 CATION PROGRAMS.

3 (a) IN GENERAL.—The Administrator of the Na4 tional Oceanic and Atmospheric Administration shall con5 duct, develop, support, promote, and coordinate formal

6 and informal educational activities at all levels to enhance

7 public awareness and understanding of ocean, coastal,

8 Great Lakes, and atmospheric science and stewardship by

9 the general public and other coastal stakeholders, includ10 ing underrepresented groups in ocean and atmospheric

11 science and policy careers. In conducting those activities,

12 the Administrator shall build upon the educational pro13 grams and activities of the agency.

14 (b) NOAA SCIENCE EDUCATION PLAN.—The Ad15 ministrator, appropriate National Oceanic and Atmos16 pheric Administration programs, ocean atmospheric

17 science and education experts, and interested members of

18 the public shall develop a science education plan setting

19 forth education goals and strategies for the Administra20 tion, as well as programmatic actions to carry out such

21 goals and priorities over the next 20 years, and evaluate

22 and update such plan every 5 years.

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

24 construed to affect the application of section 438 of the

25 General Education Provisions Act (20 U.S.C. 1232a) or
†

53

S 761 ES

1 sections 504 and 508 of the Rehabilitation Act of 1973

2 (29 U.S.C. 794 and 794d).

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

4 (a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—

5 The National Oceanic and Atmospheric Administration

6 shall be a full participant in any interagency effort to pro7 mote innovation and economic competitiveness through

8 near-term and long-term basic scientific research and de9 velopment and the promotion of science, technology, engi10 neering, and mathematics education, consistent with the

11 agency mission, including authorized activities.

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

13 the participation described in subsection (a), the Adminis14 trator of the National Oceanic and Atmospheric Adminis15 tration shall build on the historic role of the National Oce16 anic and Atmospheric Administration in stimulating excel17 lence in the advancement of ocean and atmospheric science

18 and engineering disciplines and in providing opportunities

19 and incentives for the pursuit of academic studies in

20 science, technology, engineering, and mathematics.

21 SEC. 1504. NOAA ACCOUNTABILITY AND TRANSPARENCY.

22 (a) REVIEW OF ACTIVITIES CARRIED OUT WITH

23 NOAA FUNDS.—

24 (1) REQUIREMENT FOR REVIEW.—The Inspec25 tor General of the Department of Commerce shall
†

54

S 761 ES

1 conduct routine, independent reviews of the activities

2 carried out with grants or other financial assistance

3 made available by the Administrator of the National

4 Oceanic and Atmospheric Administration. Such re5 views shall include cost-benefit analysis of such ac6 tivities and reviews to determine if the goals of such

7 activities are being accomplished.

8 (2) AVAILABILITY TO THE PUBLIC.—The Ad9 ministrator shall make each review conducted pursu10 ant to paragraph (1) available to the public through

11 the website of the Administration not later than 60

12 days after the date such review is completed.

13 (b) PROHIBITION ON USE OF NOAA FUNDS FOR

14 MEETINGS.—No funds made available by the Adminis15 trator through a grant or contract may be used by the

16 person who received such grant or contract, including any

17 subcontractor to such person, for a banquet or conference,

18 other than a conference related to training or a routine

19 meeting with officers or employees of the Administration

20 to discuss an ongoing project or training.

21 (c) PROHIBITION ON CONFLICTS OF INTEREST.—

22 Each person who receives funds from the Administrator

23 through a grant or contract shall submit to the Adminis24 trator a certification stating that none of such funds will

25 be made available through a subcontract or in any other
†

55

S 761 ES

1 manner to another person who has a financial interest or

2 other conflict of interest with the person who received such

3 funds from the Administrator.

4 DIVISION B—DEPARTMENT OF

5 ENERGY

6 SEC. 2001. SHORT TITLE.

7 This division may be cited as the ‘‘Protecting Amer8 ica’s Competitive Edge Through Energy Act’’ or the

9 ‘‘PACE–Energy Act’’.

10 SEC. 2002. DEFINITIONS.

11 In this division:

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

13 means the Department of Energy.

14 (2) INSTITUTION OF HIGHER EDUCATION.—The

15 term ‘‘institution of higher education’’ has the

16 meaning given in section 101(a) of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1001(a)).

18 (3) NATIONAL LABORATORY.—The term ‘‘Na19 tional Laboratory’’ has the meaning given the term

20 in section 2 of the Energy Policy Act of 2005 (42

21 U.S.C. 15801).

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

23 the Secretary of Energy, acting through the Under

24 Secretary for Science appointed under section
†

56

S 761 ES

1 202(b) of the Department of Energy Organization

2 Act (42 U.S.C. 7132(b)).

3 SEC. 2003. MATHEMATICS, SCIENCE, AND ENGINEERING

4 EDUCATION AT THE DEPARTMENT OF EN5 ERGY.

6 (a) SCIENCE EDUCATION PROGRAMS.—Section 3164

7 of the Department of Energy Science Education Enhance8 ment Act (42 U.S.C. 7381a) is amended—

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

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

11 (2) by inserting after subsection (a) the fol12 lowing:

13 ‘‘(b) ORGANIZATION OF MATHEMATICS, SCIENCE,

14 AND ENGINEERING EDUCATION PROGRAMS.—

15 ‘‘(1) DIRECTOR OF MATHEMATICS, SCIENCE

16 AND ENGINEERING EDUCATION.—Notwithstanding

17 any other provision of law, the Secretary, acting

18 through the Under Secretary for Science (referred to

19 in this subsection as the ‘Under Secretary’), shall

20 appoint a Director of Mathematics, Science, and En21 gineering Education (referred to in this subsection

22 as the ‘Director’) with the principal responsibility for

23 administering mathematics, science, and engineering

24 education programs across all functions of the De25 partment.
†

57

S 761 ES

1 ‘‘(2) QUALIFICATIONS.—The Director shall be

2 an individual, who by reason of professional back3 ground and experience, is specially qualified to ad4 vise the Under Secretary on all matters pertaining

5 to mathematics, science, and engineering education

6 at the Department.

7 ‘‘(3) DUTIES.—The Director shall—

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

9 engineering education programs of the Depart10 ment;

11 ‘‘(B) represent the Department as the

12 principal interagency liaison for all mathe13 matics, science, and engineering education pro14 grams, unless otherwise represented by the Sec15 retary or the Under Secretary;

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

17 the Under Secretary on all budgetary issues for

18 mathematics, science, and engineering edu19 cation programs of the Department;

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

21 practicable, the participation and advancement

22 of women and underrepresented minorities at

23 every level of science, technology, engineering,

24 and mathematics education; and
†

58

S 761 ES

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

2 mathematics, science, and engineering edu3 cation as are required by the Secretary or the

4 Under Secretary.

5 ‘‘(4) STAFF AND OTHER RESOURCES.—The

6 Secretary shall assign to the Director such personnel

7 and other resources as the Secretary considers nec8 essary to permit the Director to carry out the duties

9 of the Director.

10 ‘‘(5) ASSESSMENT.—

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

12 offer to enter into a contract with the National

13 Academy of Sciences under which the National

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

15 later than 10 years after, the date of enactment

16 of this paragraph, shall assess the performance

17 of the mathematics, science, and engineering

18 education programs of the Department.

19 ‘‘(B) CONSIDERATIONS.—An assessment

20 under this paragraph shall be conducted taking

21 into consideration, where applicable, the effect

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

24 academic achievement in math and science.
†

59

S 761 ES

1 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated such sums

3 as are necessary to carry out this subsection.’’; and

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

5 by paragraph (1)) and inserting the following:

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

7 EDUCATION FUND.—The Secretary shall establish a

8 Mathematics, Science, and Engineering Education Fund,

9 using not less than 0.3 percent of the amount made avail10 able to the Department for research, development, dem11 onstration, and commercial application for each fiscal

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

13 (b) CONSULTATION.—The Secretary shall—

14 (1) consult with the Secretary of Education re15 garding activities authorized under subpart B of the

16 Department of Energy Science Education Enhance17 ment Act (as added by subsection (d)(3)) to improve

18 mathematics and science education; and

19 (2) otherwise make available to the Secretary of

20 Education reports associated with programs author21 ized under that section.

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

23 of Energy Science Education Enhancement Act (42

24 U.S.C. 7381d) is amended by adding at the end the fol25 lowing:
†

60

S 761 ES

1 ‘‘(5) NATIONAL LABORATORY.—The term ‘Na2 tional Laboratory’ has the meaning given the term

3 in section 2 of the Energy Policy Act of 2005 (42

4 U.S.C. 15801).’’.

5 (d) MATHEMATICS, SCIENCE, AND ENGINEERING

6 EDUCATION PROGRAMS.—The Department of Energy

7 Science Education Enhancement Act (42 U.S.C. 7381 et

8 seq.) is amended—

9 (1) by inserting after section 3162 the fol10 lowing:

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

12 (2) in section 3169, by striking ‘‘part’’ and in13 serting ‘‘subpart’’; and

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

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

16 Education Programs

17 ‘‘SEC. 3170. DEFINITIONS.

18 ‘‘In this subpart:

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

20 the Director of Mathematics, Science, and Engineer21 ing Education.

22 ‘‘(2) NATIONAL LABORATORY.—The term ‘Na23 tional Laboratory’ has the meaning given the term

24 in section 2 of the Energy Policy Act of 2005 (42

25 U.S.C. 15801).
†

61

S 761 ES

1 ‘‘CHAPTER 1—ASSISTANCE FOR SPE2 CIALTY SCHOOLS FOR MATHEMATICS

3 AND SCIENCE

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

5 SCIENCE.

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

7 provide assistance to States to establish or expand public,

8 statewide specialty secondary schools that provide com9 prehensive mathematics and science (including engineer10 ing and technology) education to improve the academic

11 achievement of students in mathematics and science.

12 ‘‘(b) DEFINITION OF SPECIALTY SCHOOL FOR MATH13 EMATICS AND SCIENCE.—In this chapter, the term ‘spe14 cialty school for mathematics and science’ means a public

15 secondary school (including a school that provides residen16 tial services to students) that—

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

18 which the school is located; and

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

20 comprehensive mathematics and science (including

21 engineering and technology) curriculum designed to

22 improve the academic achievement of students in

23 mathematics and science.

24 ‘‘(c) GRANTS AUTHORIZED.—
†

62

S 761 ES

1 ‘‘(1) IN GENERAL.—From the amounts author2 ized under subsection (i), the Secretary, acting

3 through the Director, shall award grants, on a com4 petitive basis, to States in order to provide assist5 ance to the States for the costs of establishing or ex6 panding public, statewide specialty schools for math7 ematics and science.

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

9 that appropriate resources of the Department, in10 cluding the National Laboratories, are available to

11 schools funded under this section in order to—

12 ‘‘(A) increase experiential, hands-on learn13 ing opportunities in mathematics, science, engi14 neering, and technology for students attending

15 such schools; and

16 ‘‘(B) provide ongoing professional develop17 ment opportunities for teachers employed at

18 such schools.

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

20 3165 and 3166, the Director shall make available

21 necessary funds for a program using scientific and

22 engineering staff of the National Laboratories, dur23 ing which the staff—

24 ‘‘(A) assists teachers in teaching courses at

25 the schools funded under this section;
†

63

S 761 ES

1 ‘‘(B) uses National Laboratory scientific

2 equipment in teaching the courses; and

3 ‘‘(C) uses distance education and other

4 technologies to provide assistance described in

5 subparagraphs (A) and (B) to schools funded

6 under this section that are not located near the

7 National Laboratories.

8 ‘‘(4) RESTRICTION.—No State shall receive

9 funding for more than 1 specialty school for mathe10 matics and science for a fiscal year.

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

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

13 the costs described in subsection (c)(1) shall not ex14 ceed 50 percent.

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

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

17 be—

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

19 ‘‘(B) provided from non-Federal sources,

20 in cash or in kind, fairly evaluated, including

21 services.

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

23 under this section shall submit an application to the Direc24 tor at such time, in such manner, and accompanied by
†

64

S 761 ES

1 such information as the Director may require that

2 describes—

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

4 with which the State will select and designate a

5 school as a specialty school for mathematics and

6 science in accordance with this section;

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

8 available under this section are used to establish or

9 expand a specialty school for mathematics and

10 science—

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

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

14 academic achievement of all students in all core

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

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

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

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

21 technology and engineering;

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

23 the school;
†

65

S 761 ES

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

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

3 activities authorized under this section; and

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

5 and support from the Department, including the Na6 tional Laboratories, and other entities with experi7 ence and expertise in mathematics, science, tech8 nology, and engineering education, including institu9 tions of higher education.

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

11 section, the Director shall—

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

13 among States that propose to serve students from

14 urban and rural areas; and

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

17 ‘‘(g) USES OF FUNDS.—

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

19 grant under this section shall use the funds made

20 available through the grant to—

21 ‘‘(A) employ proven strategies and meth22 ods for improving student learning and teaching

23 in mathematics, science, technology, and engi24 neering;
†

66

S 761 ES

1 ‘‘(B) integrate into the curriculum of the

2 school comprehensive mathematics and science

3 education, including instruction and assess4 ments in mathematics, science, and to the ex5 tent applicable, technology and engineering that

6 are aligned with the State’s academic content

7 and student academic achievement standards

8 (within the meaning of section 1111 of the Ele9 mentary and Secondary Education Act of 1965

10 (20 U.S.C. 6311)), classroom management, pro11 fessional development, parental involvement,

12 and school management; and

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

14 teacher and staff professional development.

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

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

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

21 ‘‘(h) EVALUATION AND REPORT.—

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

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

25 and carry out an evaluation and accountability
†

67

S 761 ES

1 plan for the activities funded through the grant

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

6 technology and engineering assessments.

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

8 the Director a report containing the results of

9 the evaluation and accountability plan.

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

11 years after the date of enactment of the PACE–En12 ergy Act, the Director shall submit a report to the

13 appropriate committees of Congress detailing the im14 pact of the activities assisted with funds made avail15 able under this section.

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

17 are authorized to be appropriated to carry out this

18 section—

19 ‘‘(1) $20,000,000 for fiscal year 2008;

20 ‘‘(2) $30,000,000 for fiscal year 2009;

21 ‘‘(3) $40,000,000 for fiscal year 2010; and

22 ‘‘(4) $50,000,000 for fiscal year 2011.
†

68

S 761 ES

1 ‘‘CHAPTER 2—EXPERIENTIAL-BASED

2 LEARNING OPPORTUNITIES

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

5 ‘‘(a) INTERNSHIPS AUTHORIZED.—

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

8 through the Director, shall establish a summer in9 ternship program for middle school and secondary

10 school students that shall—

11 ‘‘(A) provide the students with internships

12 at the National Laboratories;

13 ‘‘(B) promote experiential, hands-on learn14 ing in mathematics, science, technology, or en15 gineering; and

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

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

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

21 ‘‘(b) SELECTION CRITERIA.—

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

23 criteria to determine the sufficient level of academic

24 preparedness necessary for a student to be eligible

25 for an internship under this section.
†

69

S 761 ES

1 ‘‘(2) PARTICIPATION.—The Director shall en2 sure the participation of students from a wide dis3 tribution of States, including States without Na4 tional Laboratories.

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

6 may consider the academic achievement of middle

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

10 ‘‘(c) PRIORITY.—

11 ‘‘(1) IN GENERAL.—The Director shall give pri12 ority for an internship under this section to a stu13 dent who meets the eligibility criteria described in

14 subsection (b) and who attends a school—

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

16 of the children enrolled in the school are from

17 low-income families; or

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

19 code of 6, 7, or 8, as determined by the Sec20 retary of Education; and

21 ‘‘(B) for which there is—

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

23 are not teaching in the academic subject

24 areas or grade levels in which the teachers

25 were trained to teach;
†

70

S 761 ES

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

2 ‘‘(iii) a high percentage of teachers

3 with emergency, provisional, or temporary

4 certification or licenses.

5 ‘‘(2) COORDINATION.—The Director shall con6 sult with the Secretary of Education in order to de7 termine whether a student meets the priority re8 quirements of this subsection.

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

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

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

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

16 institutions, and other minority-serving institutions

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

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

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

23 and engineering.

24 ‘‘(2) COMMUNITY INVOLVEMENT.—The Sec25 retary shall ensure that the programs established
†

71

S 761 ES

1 under paragraph (1) involve, to the maximum extent

2 practicable—

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

5 ‘‘(B) the establishment of partnerships

6 with business organizations and appropriate

7 Federal, State, and local agencies.

8 ‘‘(3) DISTRIBUTION.—The Secretary shall en9 sure that the programs established under paragraph

10 (1) are located in diverse geographic regions of the

11 United States, to the maximum extent practicable.

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

13 The Director shall develop an evaluation and account14 ability plan for the activities funded under this chapter

15 that objectively measures the impact of the activities.

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

17 is authorized to be appropriated to carry out this section

18 $15,000,000 for each of fiscal years 2008 through 2011.
†

72

S 761 ES

1 ‘‘CHAPTER 3—NATIONAL LABORATORIES

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

4 ENGINEERING EDUCATION

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

8 ‘‘(a) DEFINITION OF HIGH-NEED PUBLIC SEC9 ONDARY SCHOOL.—In this chapter, the term ‘high-need

10 public secondary school’ means a secondary school—

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

12 individuals (as defined in section 1707 of the Ele13 mentary and Secondary Education Act of 1965 (20

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

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

16 7, or 8, as determined by the Secretary of Edu17 cation.

18 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab19 lish at each of the National Laboratories a program to

20 support a Center of Excellence in Mathematics, Science,

21 Technology, and Engineering at 1 high-need public sec22 ondary school located in the region of the National Lab23 oratory to provide assistance in accordance with sub24 section (f).
†

73

S 761 ES

1 ‘‘(c) PARTNERSHIP.—Each high-need public sec2 ondary school selected as a Center of Excellence shall form

3 a partnership with a department that provides training for

4 teachers and principals at an institution of higher edu5 cation for purposes of compliance with subsection (g).

6 ‘‘(d) SELECTION.—

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

8 through the Director, shall establish criteria to guide

9 the National Laboratories in selecting the sites of

10 the Centers of Excellence.

11 ‘‘(2) PROCESS.—The National Laboratories

12 shall select the sites of the Centers of Excellence

13 through an open, widely publicized, and competitive

14 process.

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

16 performance assessments for each Center of Excellence

17 authorized under subsection (b).

18 ‘‘(f) ASSISTANCE.—Consistent with sections 3165

19 and 3166, the Director shall make available necessary

20 funds for a program using scientific and engineering staff

21 of the National Laboratories, during which the staff—

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

23 Centers of Excellence in Mathematics, Science,

24 Technology, and Engineering; and
†

74

S 761 ES

1 ‘‘(2) uses National Laboratory scientific equip2 ment in the teaching of the courses.

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

4 shall ensure—

5 ‘‘(1) provision of clinical practicum, student

6 teaching, or internship experiences for mathematics,

7 science, and technology teacher candidates as part of

8 its teacher preparation program;

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

10 teacher candidates in the teacher preparation pro11 gram; and

12 ‘‘(3) to the maximum extent practicable, provi13 sion of professional development for veteran teachers

14 in the public secondary schools in the region.

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

16 results of performance assessments required under sub17 section (e) in determining the contract award fee of a Na18 tional Laboratory management and operations contractor.

19 ‘‘(i) PLAN.—The Director shall—

20 ‘‘(1) develop an evaluation and accountability

21 plan for the activities funded under this chapter that

22 objectively measures the impact of the activities; and

23 ‘‘(2) disseminate information obtained from

24 those measurements.
†

75

S 761 ES

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

2 in this section displaces or otherwise affects any similar

3 program being carried out as of the date of enactment

4 of this subpart at any National Laboratory under any

5 other provision of law.

6 ‘‘CHAPTER 4—SUMMER INSTITUTES

7 ‘‘SEC. 3185. SUMMER INSTITUTES.

8 ‘‘(a) DEFINITIONS.—In this section:

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

10 partner’ means—

11 ‘‘(A) the mathematics, science, or engineer12 ing department at an institution of higher edu13 cation, acting in coordination with a depart14 ment at an institution of higher education that

15 provides training for teachers and principals; or

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

17 providing professional development for mathe18 matics, science, or technology teachers.

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

20 institute’ means an institute, conducted during the

21 summer, that—

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

23 than 2 weeks;

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

25 that provides direct interaction between stu-
†

76

S 761 ES

1 dents and faculty, including personnel of 1 or

2 more National Laboratories who have scientific

3 expertise; and

4 ‘‘(C) provides for follow-up training, dur5 ing the academic year, that is conducted in the

6 classroom.

7 ‘‘(b) SUMMER INSTITUTE PROGRAMS AUTHOR8 IZED.—

9 ‘‘(1) PROGRAMS AT THE NATIONAL LABORA10 TORIES.—The Secretary, acting through the Direc11 tor, shall establish or expand programs of summer

12 institutes at each of the National Laboratories to

13 provide additional training to strengthen the mathe14 matics, science, technology, and engineering teaching

15 skills of teachers employed at public schools for kin16 dergarten through grade 12, in accordance with the

17 activities authorized under subsections (c) and (d).

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

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

20 through the Director, shall identify and provide

21 assistance to eligible partners to establish or ex22 pand programs of summer institutes that pro23 vide additional training to strengthen the math24 ematics, science, technology, and engineering

25 teaching skills of teachers employed at public
†

77

S 761 ES

1 schools for kindergarten through grade 12, in

2 accordance with the activities authorized under

3 subsections (c) and (d).

4 ‘‘(B) ASSISTANCE.—Consistent with sec5 tions 3165 and 3166, the Director shall make

6 available necessary funds for a program using

7 scientific and engineering staff of the National

8 Laboratories, during which the staff—

9 ‘‘(i) assists in providing training to

10 teachers at summer institutes; and

11 ‘‘(ii) uses National Laboratory sci12 entific equipment in the training.

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

14 out this paragraph, the Director may use not

15 more than 50 percent of the amounts author16 ized under subsection (h) for a fiscal year.

17 ‘‘(c) REQUIRED ACTIVITIES.—Each program author18 ized under subsection (b) shall—

19 ‘‘(1) create opportunities for enhanced and on20 going professional development for teachers that im21 proves the mathematics, science, technology, and en22 gineering content knowledge of such teachers;

23 ‘‘(2) include material pertaining to recent devel24 opments in mathematics, science, technology, and

25 engineering pedagogy;
†

78

S 761 ES

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

2 of technology in the classroom;

3 ‘‘(4) directly relate to the curriculum and aca4 demic areas in which the teachers provide instruc5 tion;

6 ‘‘(5) enhance the ability of the teachers to un7 derstand and use the challenging State academic

8 content standards for mathematics, science, and, to

9 the extent applicable, technology and engineering

10 and to select appropriate curricula;

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

12 ‘‘(A) based on scientific research;

13 ‘‘(B) aligned with challenging State aca14 demic content standards; and

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

16 and concept- and content-based;

17 ‘‘(7) provide professional development activities,

18 including supplemental and follow-up activities; and

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

20 among the participants.

21 ‘‘(d) PERMISSIBLE ACTIVITIES.—A program author22 ized under subsection (b) may include—

23 ‘‘(1) a program that provides teachers with op24 portunities to work under the guidance of experi25 enced teachers and college faculty;
†

79

S 761 ES

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

2 data and assessments to inform and instruct class3 room practice; and

4 ‘‘(3) extended master teacher programs.

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

6 the Director shall ensure that each summer institute pro7 gram authorized under subsection (b) provides training

8 to—

9 ‘‘(1) teachers from a wide range of school dis10 tricts;

11 ‘‘(2) teachers from disadvantaged school dis12 tricts; and

13 ‘‘(3) teachers from groups underrepresented in

14 the fields of mathematics, science, technology, and

15 engineering teaching, including women and members

16 of minority groups.

17 ‘‘(f) COORDINATION AND CONSULTATION.—The Di18 rector shall consult and coordinate with the Secretary of

19 Education and the Director of the National Science Foun20 dation regarding the implementation of the programs au21 thorized under subsection (b).

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

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

24 an evaluation and accountability plan for the activi-
†

80

S 761 ES

1 ties funded under this section that measures the im2 pact of the activities.

3 ‘‘(2) CONTENTS.—The evaluation and account4 ability plan shall include—

5 ‘‘(A) measurable objectives to increase the

6 number of mathematics, science, and technology

7 teachers who participate in the summer insti8 tutes involved; and

9 ‘‘(B) measurable objectives for improved

10 student academic achievement on State mathe11 matics, science, and to the extent applicable,

12 technology and engineering assessments.

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

14 shall submit to Congress with the annual budget

15 submission of the Secretary a report on how the ac16 tivities assisted under this section improve the math17 ematics, science, technology, and engineering teach18 ing skills of participating teachers.

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

20 are authorized to be appropriated to carry out this

21 section—

22 ‘‘(1) $25,000,000 for fiscal year 2008;

23 ‘‘(2) $40,000,000 for fiscal year 2009;

24 ‘‘(3) $50,000,000 for fiscal year 2010; and

25 ‘‘(4) $75,000,000 for fiscal year 2011.
†

81

S 761 ES

1 ‘‘CHAPTER 5—NUCLEAR SCIENCE

2 EDUCATION

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

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

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

8 and resources available to nuclear science programs

9 of institutions of higher education; and

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

11 degrees in nuclear science, an area of strategic im12 portance to the economic competitiveness and energy

13 security of the United States.

14 ‘‘(b) DEFINITION OF NUCLEAR SCIENCE.—In this

15 section, the term ‘nuclear science’ includes—

16 ‘‘(1) nuclear science;

17 ‘‘(2) nuclear engineering;

18 ‘‘(3) nuclear chemistry;

19 ‘‘(4) radio chemistry; and

20 ‘‘(5) health physics.

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

22 through the Director, shall establish in accordance with

23 this section a program to expand and enhance institution

24 of higher education nuclear science educational capabili25 ties.
†

82

S 761 ES

1 ‘‘(d) NUCLEAR SCIENCE PROGRAM EXPANSION

2 GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—

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

4 through the Director, shall award up to 3 competi5 tive grants for each fiscal year to institutions of

6 higher education that establish new academic degree

7 programs in nuclear science.

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

9 under this subsection, an applicant shall partner

10 with a National Laboratory or other eligible nuclear11 related entity, as determined by the Secretary.

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

13 under this subsection shall be based on—

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

15 to the program;

16 ‘‘(B) academic rigor; and

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

18 opportunities.

19 ‘‘(4) DURATION AND AMOUNT.—

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

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

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

25 each year of the grant period.
†

83

S 761 ES

1 ‘‘(5) USE OF FUNDS.—An institution of higher

2 education that receives a grant under this subsection

3 may use the grant to—

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

5 ‘‘(B) develop core and specialized course

6 content;

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

9 or

10 ‘‘(D) support outreach efforts to recruit

11 students.

12 ‘‘(e) NUCLEAR SCIENCE COMPETITIVENESS GRANTS

13 FOR INSTITUTIONS OF HIGHER EDUCATION.—

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

15 through the Director shall award up to 10 competi16 tive grants for each fiscal year to institutions of

17 higher education with existing academic degree pro18 grams that produce graduates in nuclear science.

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

20 under this subsection shall be based on the potential

21 for increasing the number and academic quality of

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

24 ‘‘(3) DURATION AND AMOUNT.—
†

84

S 761 ES

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

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

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

6 each year of the grant period.

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

8 education that receives a grant under this subsection

9 may use the grant to—

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

11 nuclear science that enter into careers in the

12 nuclear science field;

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

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

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

20 higher education, such as research and training

21 reactors or laboratories; and

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

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
†

85

S 761 ES

1 ‘‘(1) NUCLEAR SCIENCE PROGRAM EXPANSION

2 GRANTS FOR INSTITUTIONS OF HIGHER EDU3 CATION.—There are authorized to be appropriated

4 to carry out subsection (d)—

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

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

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

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

9 ‘‘(2) NUCLEAR SCIENCE COMPETITIVENESS

10 GRANTS FOR INSTITUTIONS OF HIGHER EDU11 CATION.—There are authorized to be appropriated

12 to carry out subsection (e)—

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

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

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

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

17 ‘‘CHAPTER 6—ADMINISTRATION

18 ‘‘SEC. 3195. MENTORING PROGRAM.

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

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

25 are in programs of study at specialty schools for mathe-
†

86

S 761 ES

1 matics and science, Centers of Excellence, and summer in2 stitutes established under chapters 1, 3, and 4, respec3 tively.

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

5 annually—

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

7 programs established under subsection (a); and

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

9 the results of each evaluation.’’.

10 ‘‘CHAPTER 7—NATIONAL ENERGY

11 EDUCATION DEVELOPMENT

12 ‘‘SEC. 3196. NATIONAL ENERGY EDUCATION DEVELOP13 MENT.

14 ‘‘(a) PURPOSE.—The purpose of this section is to en15 able all students to reach or exceed grade-level academic

16 achievement standards and to enhance the knowledge of

17 the students of the science of energy, the sources of en18 ergy, the uses of energy in society, and the environmental

19 consequences and benefits of all energy sources and uses

20 by—

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

22 energy for students in kindergarten through grade 9

23 through the implementation of energy education pro24 grams and with the support of comprehensive
†

87

S 761 ES

1 science education initiatives that are based on the

2 best available evidence of effectiveness; and

3 ‘‘(2) providing professional development and in4 structional leadership activities for teachers and, if

5 appropriate, for administrators and other school

6 staff, on the implementation of comprehensive math7 ematics initiatives designed—

8 ‘‘(A) to improve the understanding of stu9 dents of the scientific, economic, and environ10 mental impacts of energy;

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

12 administrators, and other school staff related to

13 the scientific content of energy;

14 ‘‘(C) to increase the use of effective in15 structional practices; and

16 ‘‘(D) to reflect science content that is con17 sistent with State academic achievement stand18 ards in mathematics described in section

19 1111(b) of the Elementary and Secondary Edu20 cation Act of 1965 (20 U.S.C. 6311(b)).

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

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

23 shall provide grants to States to assist the States in estab24 lishing or expanding programs to enhance the quality of
†

88

S 761 ES

1 science education in elementary schools with respect to

2 conventional and emerging energy sources and uses.

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

4 the Secretary shall use and coordinate with existing State

5 and national programs that have a similar mission.

6 ‘‘(d) GRANTS.—The Secretary shall award grants, on

7 a competitive basis, under this section to States to pay

8 the Federal share of the costs of establishing or expanding

9 high-quality energy education curricula and programs.

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

11 Secretary shall award grants to establish or expand pro12 grams that enhance—

13 ‘‘(1) the quality of science education in elemen14 tary schools with respect to conventional and emerg15 ing energy sources and uses; and

16 ‘‘(2) the understanding of students of the

17 science, economics, and environmental impacts of en18 ergy production and consumption.

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

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

21 the costs of carrying out a program under this sec22 tion shall be 50 percent.

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

24 share of the costs of carrying out a program under

25 this section may be provided in the form of cash or
†

89

S 761 ES

1 in-kind contributions, fairly evaluated, including

2 services.

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

4 section, the Secretary shall—

5 ‘‘(1) ensure a wide, equitable distribution of

6 grants among States that propose to serve students

7 from urban and rural areas; and

8 ‘‘(2) provide equal consideration to States with9 out National Laboratories.

10 ‘‘(h) USES OF FUNDS.—

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

12 States, or other entities through States, that receive

13 grants under this section shall use the grant funds

14 to—

15 ‘‘(A) employ proven strategies and meth16 ods for improving student learning and teaching

17 regarding energy;

18 ‘‘(B) integrate into the curriculum of

19 schools comprehensive, science-based, energy

20 education, including instruction and assess21 ments that are aligned with—

22 ‘‘(i) the academic content and student

23 academic achievement standards of the

24 State (within the meaning of section 1111
†

90

S 761 ES

1 of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 6311));

3 ‘‘(ii) classroom management;

4 ‘‘(iii) professional development;

5 ‘‘(iv) parental involvement; and

6 ‘‘(v) school management; and

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

8 teacher and staff professional development.

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

10 section may be used for activities described in para11 graph (1) only if the activities are directly related to

12 improving student academic achievement related

13 to—

14 ‘‘(A) the science of energy;

15 ‘‘(B) the sources of energy;

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

17 ‘‘(D) the environmental consequences and

18 benefits of all energy sources and uses.

19 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this

21 section—

22 ‘‘(1) $1,000,000 for each of fiscal years 2008

23 and 2009; and

24 ‘‘(2) $2,000,000 for each of fiscal years 2010

25 and 2011.’’.
†

91

S 761 ES

1 SEC. 2004. DEPARTMENT OF ENERGY EARLY-CAREER RE2 SEARCH GRANTS.

3 (a) PURPOSE.—It is the purpose of this section to

4 authorize research grants in the Department for early-ca5 reer scientists and engineers for purposes of pursuing

6 independent research.

7 (b) DEFINITION OF ELIGIBLE EARLY-CAREER RE8 SEARCHER.—In this section, the term ‘‘eligible early-ca9 reer researcher’’ means an individual who—

10 (1) completed a doctorate or other terminal de11 gree not more than 10 years before the date of ap12 plication for a grant authorized under this section,

13 except as provided in subsection (c)(3); and

14 (2) has demonstrated promise in the field of

15 science, technology, engineering, mathematics, com16 puter science, or computational science.

17 (c) GRANT PROGRAM AUTHORIZED.—

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

19 not less than 65 grants per year to outstanding eli20 gible early-career researchers to support the work of

21 such researchers in the Department, particularly at

22 the National Laboratories, or other federally-funded

23 research and development centers.

24 (2) APPLICATION.—An eligible early-career re25 searcher who desires to receive a grant under this

26 section shall submit to the Secretary an application
†

92

S 761 ES

1 at such time, in such manner, and accompanied by

2 such information as the Secretary may require.

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

4 candidate who has completed a doctorate more than

5 10 years prior to the date of application if the can6 didate was unable to conduct research for a period

7 of time because of extenuating circumstances, in8 cluding military service or family responsibilities.

9 (4) DURATION AND AMOUNT.—

10 (A) DURATION.—A grant under this sec11 tion shall be 5 years in duration.

12 (B) AMOUNT.—An eligible early career-re13 searcher who receives a grant under this section

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

15 the grant period.

16 (5) USE OF FUNDS.—An eligible early career17 researcher who receives a grant under this section

18 shall use the grant funds for basic research in nat19 ural sciences, engineering, mathematics, or computer

20 sciences at the Department, particularly the Na21 tional Laboratories, or other federally-funded re22 search and development center.

23 (6) AUTHORIZATION OF APPROPRIATIONS.—

24 There are authorized to be appropriated to carry out

25 this section—
†

93

S 761 ES

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

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

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

4 (D) $32,500,000 for fiscal year 2011.

5 SEC. 2005. ADVANCED RESEARCH PROJECTS AUTHORITY6 ENERGY.

7 (a) DEFINITIONS.—In this section:

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

9 Board’’ means the Advisory Board established under

10 subsection (d).

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

12 the Advanced Research Projects Authority—Energy

13 established under subsection (b).

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

15 the Director of the Authority appointed under sub16 section (c)(1).

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

18 technology’’ means technology, including carbon-neu19 tral technology, used for—

20 (A) fossil energy;

21 (B) carbon sequestration;

22 (C) nuclear energy;

23 (D) renewable energy;

24 (E) energy distribution; or

25 (F) energy efficiency technology.
†

94

S 761 ES

1 (b) ESTABLISHMENT.—The Secretary shall establish

2 an Advanced Research Projects Authority-Energy to over3 come the long-term and high-risk technological barriers in

4 the development of energy technologies.

5 (c) DIRECTOR.—

6 (1) APPOINTMENT.—The Secretary shall ap7 point a Director of the Authority.

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

9 individual who, by reason of professional background

10 and experience, is especially qualified to advise the

11 Secretary on matters pertaining to long-term, high12 risk programs to overcome long-term and high-risk

13 technological barriers to the development of energy

14 technologies.

15 (3) DUTIES.—The Director shall—

16 (A) employ such qualified technical staff as

17 are necessary to carry out the duties of the Au18 thority, including providing staff for the Advi19 sory Committee;

20 (B) serve as the selection official for pro21 posals relating to energy technologies that are

22 solicited within the Department;

23 (C) develop metrics to assist in developing

24 funding criteria and for assessing the success of

25 existing programs;
†

95

S 761 ES

1 (D) terminate programs carried out under

2 this section that are not achieving the goals of

3 the programs; and

4 (E) perform such duties relating to long5 term and high-risk technological barriers in the

6 development of energy technologies as are de7 termined to be appropriate by the Secretary.

8 (d) ADVISORY BOARD.—

9 (1) APPOINTMENT.—The Secretary shall, con10 sistent with the Federal Advisory Committee Act (5

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

12 Advisory Board to make recommendations to the

13 Secretary and the Director on actions necessary to

14 carry out this section.

15 (2) QUALIFICATIONS.—The Advisory Board

16 shall consist of individuals who, by reason of profes17 sional background and experience, are especially

18 qualified to advise the Secretary and the Director on

19 matters pertaining to long-term and high-risk tech20 nological barriers in the development of energy tech21 nologies.

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

23 shall be appointed for a term of 5 years.

24 (4) INFORMATION.—Each fiscal year, individ25 uals who carry out energy technology programs of
†

96

S 761 ES

1 the Department and staff of the Authority shall pro2 vide to the Advisory Board written proposals and

3 oral briefings on long-term and high-risk techno4 logical barriers that are critical to overcome for the

5 successful development of energy technologies.

6 (5) DUTIES.—Each fiscal year, the Advisory

7 Board shall—

8 (A) recommend to the Secretary and the

9 Director—

10 (i) in order of priority, proposals of

11 energy programs of the Department that

12 are critical to overcoming long-term and

13 high-risk technological barriers to enable

14 the successful development of energy tech15 nologies; and

16 (ii) additional programs not covered in

17 the proposals that are critical to over18 coming the barriers described in clause (i);

19 and

20 (B) based on the metrics described in sub21 section (c)(3)(C), make recommendations to the

22 Secretary and the Directory concerning whether

23 programs funded under this section are achiev24 ing the goals of the programs.
†

97

S 761 ES

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

2 of enactment of this Act, the Secretary shall enter into

3 an agreement with the National Academy of Sciences

4 under which the Academy shall—

5 (1) conduct reviews during each of calendar

6 years 2010 and 2012 to determine the success of the

7 activities carried out under this section; and

8 (2) submit to Congress, the Secretary, and the

9 Director a report describing the results of each re10 view.

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated such sums as are nec13 essary to carry out this section for each of fiscal years

14 2008 through 2011.

15 SEC. 2006. AUTHORIZATION OF APPROPRIATIONS FOR THE

16 DEPARTMENT OF ENERGY FOR BASIC RE17 SEARCH.

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

19 U.S.C. 16311(b)) is amended—

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

21 end;

22 (2) in paragraph (3)—

23 (A) by striking ‘‘$5,200,000,000’’ and in24 serting ‘‘$4,800,000,000’’; and
†

98

S 761 ES

1 (B) by striking the period at the end and

2 inserting a semicolon; and

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

4 ‘‘(4) $4,945,000,000 for fiscal year 2010; and

5 ‘‘(5) $5,265,000,000 for fiscal year 2011.’’.

6 SEC. 2007. DISCOVERY SCIENCE AND ENGINEERING INNO7 VATION INSTITUTES.

8 (a) IN GENERAL.—The Secretary shall establish dis9 tributed, multidisciplinary institutes (referred to in this

10 section as ‘‘Institutes’’) centered at National Laboratories

11 to apply fundamental science and engineering discoveries

12 to technological innovations related to the missions of the

13 Department and the global competitiveness of the United

14 States.

15 (b) TOPICAL AREAS.—The Institutes shall support

16 scientific and engineering research and education activities

17 on critical emerging technologies determined by the Sec18 retary to be essential to global competitiveness, including

19 activities related to—

20 (1) sustainable energy technologies;

21 (2) multi-scale materials and processes;

22 (3) micro- and nano-engineering;

23 (4) computational and information engineering;

24 and

25 (5) genomics and proteomics.
†

99

S 761 ES

1 (c) PARTNERSHIPS.—In carrying out this section, the

2 Secretary shall establish partnerships between the Insti3 tutes and—

4 (1) institutions of higher education to—

5 (A) train undergraduate and graduate en6 gineering and science students;

7 (B) develop innovative educational cur8 ricula; and

9 (C) conduct research within the topical

10 areas described in subsection (b);

11 (2) private industry to develop innovative tech12 nologies within the topical areas described in sub13 section (b);

14 (3) State and local governments to promote re15 gionally-based commercialization and entrepreneur16 ship; and

17 (4) financing entities to guide successful tech18 nology commercialization.

19 (d) MERIT-BASED SELECTION.—The selection of In20 stitutes under this section shall be merit-based and made

21 through an open, competitive selection process.

22 (e) RESTRICTION.—Not more than 3 Institutes shall

23 receive grants for a fiscal year.

24 (f) REVIEW.—The Secretary shall enter into an

25 agreement with the National Academy of Sciences under
†

100

S 761 ES

1 which the Academy shall, not later than 3 and 6 years

2 after the date of enactment of this Act—

3 (1) review the performance of the Institutes

4 under this section; and

5 (2) submit to Congress and the Secretary a re6 port describing the results of the review.

7 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out the activities

9 of each Institute selected under this section $10,000,000

10 for each of fiscal years 2008 through 2011.

11 SEC. 2008. PROTECTING AMERICA’S COMPETITIVE EDGE

12 (PACE) GRADUATE FELLOWSHIP PROGRAM.

13 (a) DEFINITION OF ELIGIBLE STUDENT.—In this

14 section, the term ‘‘eligible student’’ means a student who

15 attends an institution of higher education that offers a

16 doctoral degree in a field relevant to a mission area of

17 the Department.

18 (b) ESTABLISHMENT.—The Secretary shall establish

19 a graduate fellowship program for eligible students pur20 suing a doctoral degree in a mission area of the Depart21 ment.

22 (c) SELECTION.—

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

24 fellowships to eligible students under this section

25 through a competitive merit review process (involv-
†

101

S 761 ES

1 ing written and oral interviews) that will result in a

2 wide distribution of awards throughout the United

3 States.

4 (2) CRITERIA.—The Secretary shall establish

5 selection criteria for awarding fellowships under this

6 section that require an eligible student to—

7 (A) pursue a field of science or engineering

8 of importance to the mission area of the De9 partment;

10 (B) rank in the upper 10 percent of the

11 class of the eligible student;

12 (C) demonstrate to the Secretary—

13 (i) the capacity to understand tech14 nical topics related to the fellowship that

15 can be derived from the first principles of

16 the technical topics;

17 (ii) imagination and creativity;

18 (iii) leadership skills in organizations

19 or intellectual endeavors, demonstrated

20 through awards and past experience; and

21 (iv) excellent verbal and communica22 tion skills to explain, defend, and dem23 onstrate an understanding of technical

24 subjects related to the fellowship; and
†

102

S 761 ES

1 (D) be a citizen or legal permanent resi2 dent of the United States.

3 (d) AWARDS.—

4 (1) AMOUNT.—A fellowship awarded under this

5 section shall—

6 (A) provide an annual living stipend; and

7 (B) cover—

8 (i) graduate tuition at an institution

9 of higher education; and

10 (ii) incidental expenses associated

11 with curricula and research at the institu12 tion of higher education (including books,

13 computers and software).

14 (2) DURATION.—A fellowship awarded under

15 this section shall be for a period of not greater than

16 5 years.

17 (3) PORTABILITY.—A fellowship awarded under

18 this section shall be portable with the fellow.

19 (e) ADMINISTRATION.—The Secretary (acting

20 through the Director of Mathematics, Science, and Engi21 neering Education)—

22 (1) shall administer the program established

23 under this section; and,
†

103

S 761 ES

1 (2) may enter into a contract with a nonprofit

2 entity to administer the program, including the se3 lection and award of fellowships.

4 (f) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) FELLOWSHIPS.—There are authorized to be

6 appropriated to award fellowships under this

7 section—

8 (A) $9,300,000 for 200 fellowships for fis9 cal year 2008;

10 (B) $14,500,000 for 300 fellowships for

11 fiscal year 2009 (including non-expiring fellow12 ships for prior fiscal years);

13 (C) $25,000,000 for 500 fellowships for

14 fiscal year 2010 (including non-expiring fellow15 ships for prior fiscal years); and

16 (D) $35,500,000 for 700 fellowships for

17 fiscal year 2011 (including non-expiring fellow18 ships for prior fiscal years).

19 (2) ADMINISTRATION.—There are authorized to

20 be appropriated for administrative expenses incurred

21 in carrying out this section—

22 (A) $1,000,000 for fiscal year 2008;

23 (B) $1,500,000 for fiscal year 2009;

24 (C) $2,500,000 for fiscal year 2010; and

25 (D) $3,500,000 for fiscal year 2011.
†

104

S 761 ES

1 SEC. 2009. TITLE IX COMPLIANCE.

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

3 date of enactment of this Act, the Secretary of Energy

4 shall submit to the Committee on Energy and Commerce

5 of the House of Representatives and the Committee on

6 Energy and Natural Resources of the Senate a report that

7 describes actions taken by the Department of Energy to

8 implement the recommendations in the report of the Gov9 ernment Accountability Office numbered 04–639.

10 (b) COMPLIANCE.—To comply with title IX of the

11 Education Amendments of 1972 (20 U.S.C. 1681 et seq.),

12 the Secretary of Energy shall annually conduct compliance

13 reviews of at least 2 recipients of Department of Energy

14 grants.

15 SEC. 2010. HIGH-RISK, HIGH-REWARD RESEARCH.

16 (a) DEFINITION OF HIGH-RISK, HIGH-REWARD RE17 SEARCH.—In this section, the term ‘‘high-risk, high re18 ward research’’ means research that—

19 (1) has the potential for yielding results with

20 far-ranging implications;

21 (2) is too novel or spans too diverse a range of

22 disciplines to fare well in the traditional peer review

23 process; and

24 (3) is supportive of the missions of the spon25 soring agency.

26 (b) ESTABLISHMENT OF GRANT PROGRAMS.—
†

105

S 761 ES

1 (1) ENERGY GRANT PROGRAM.—The Secretary

2 shall establish a grant program to encourage the

3 conduct of high-risk, high-reward research at the

4 Department.

5 (2) GEOLOGICAL GRANT PROGRAM.—The Direc6 tor of the United States Geological Survey shall es7 tablish a grant program to encourage the conduct of

8 high-risk, high-reward research at the United States

9 Geological Survey.

10 SEC. 2011. DISTINGUISHED SCIENTIST PROGRAM.

11 (a) PURPOSE.—The purpose of this section is to pro12 mote scientific and academic excellence through collabora13 tions between institutions of higher education and the Na14 tional Laboratories.

15 (b) ESTABLISHMENT.—The Secretary shall establish

16 a program to support the joint appointment of distin17 guished scientists by institutions of higher education and

18 National Laboratories.

19 (c) QUALIFICATIONS.—Successful candidates under

20 this section shall be persons who, by reason of professional

21 background and experience, are able to bring international

22 recognition to the appointing institution of higher edu23 cation and National Laboratory in their field of scientific

24 endeavor.
†

106

S 761 ES

1 (d) SELECTION.—A distinguished scientist appointed

2 under this section shall be selected through an open, com3 petitive process.

4 (e) APPOINTMENT.—

5 (1) INSTITUTION OF HIGHER EDUCATION.—An

6 appointment by an institution of higher education

7 under this section shall be filled within the tenure al8 lotment of the institution of higher education at a

9 minimum rank of professor.

10 (2) NATIONAL LABORATORY.—An appointment

11 by a National Laboratory under this section shall be

12 at the rank of the highest grade of distinguished sci13 entist or technical staff of the National Laboratory.

14 (f) DURATION.—An appointment under this section

15 shall be for 6 years, consisting of 2 3-year funding allot16 ments.

17 (g) USE OF FUNDS.—Funds made available under

18 this section may be used for—

19 (1) the salary of the distinguished scientist and

20 support staff;

21 (2) undergraduate, graduate, and post-doctoral

22 appointments;

23 (3) research-related equipment;

24 (4) professional travel; and
†

107

S 761 ES

1 (5) such other requirements as the Director de2 termines are necessary to carry out the purpose of

3 the program.

4 (h) REVIEW.—

5 (1) IN GENERAL.—The appointment of a distin6 guished scientist under this section shall be reviewed

7 at the end of the first 3-year allotment for the dis8 tinguished scientist through an open peer-review

9 process to determine whether the appointment is

10 meeting the purpose of this section under subsection

11 (a).

12 (2) FUNDING.—Funding of the appointment of

13 the distinguished scientist for the second 3-year al14 lotment shall be determined based on the review con15 ducted under paragraph (1).

16 (i) COST SHARING.—To be eligible for assistance

17 under this section, an appointing institution of higher edu18 cation shall pay at least 50 percent of the total costs of

19 the appointment.

20 (j) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to carry out this

22 section—

23 (1) $30,000,000 for fiscal year 2008 (to sup24 port up to 30 appointments under this section);
†

108

S 761 ES

1 (2) $60,000,000 for fiscal year 2009 (to sup2 port up to 60 such appointments); and

3 (3) $100,000,000 for each of fiscal years 2010

4 and 2011 (to support up to 100 such appointments).

5 DIVISION C—EDUCATION

6 SEC. 3001. FINDINGS.

7 Congress makes the following findings:

8 (1) A well-educated population is essential to

9 retaining America’s competitiveness in the global

10 economy.

11 (2) The United States needs to build on and ex12 pand the impact of existing programs by taking ad13 ditional, well-coordinated steps to ensure that all

14 students are able to obtain the knowledge the stu15 dents need to obtain postsecondary education and

16 participate successfully in the workforce or the

17 Armed Forces.

18 (3) The next steps must be informed by inde19 pendent information on the effectiveness of current

20 programs in science, technology, engineering, and

21 mathematics education, and by identification of best

22 practices that can be replicated.

23 (4) Teacher preparation and elementary school

24 and secondary school programs and activities must

25 be aligned with the requirements of the Elementary
†

109

S 761 ES

1 and Secondary Education Act of 1965 (20 U.S.C.

2 6301 et seq.) and the requirements of the Higher

3 Education Act of 1965 (20 U.S.C. 1001 et seq.).

4 (5) The ever increasing knowledge and skill de5 mands of the 21st century require that secondary

6 school preparation and requirements be better

7 aligned with the knowledge and skills needed to suc8 ceed in postsecondary education and the workforce,

9 and States need better data systems to track edu10 cational achievement from prekindergarten through

11 baccalaureate degrees.

12 SEC. 3002. DEFINITIONS.

13 (a) ESEA DEFINITIONS.—Unless otherwise specified

14 in this division, the terms used in this division have the

15 meanings given the terms in section 9101 of the Elemen16 tary and Secondary Education Act of 1965 (20 U.S.C.

17 7801).

18 (b) OTHER DEFINITIONS.—In this division:

19 (1) CRITICAL FOREIGN LANGUAGE.—The term

20 ‘‘critical foreign language’’ means a foreign language

21 that the Secretary determines, in consultation with

22 the heads of such Federal departments and agencies

23 as the Secretary determines appropriate, is critical

24 to the national security and economic competitive25 ness of the United States.
†

110

S 761 ES

1 (2) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Education.

3 TITLE I—TEACHER ASSISTANCE

4 Subtitle A—Teachers for a

5 Competitive Tomorrow

6 SEC. 3111. PURPOSE.

7 The purpose of this subtitle is—

8 (1) to develop and implement programs to pro9 vide integrated courses of study in mathematics,

10 science, engineering, or critical foreign languages,

11 and teacher education, that lead to a baccalaureate

12 degree with concurrent teacher certification;

13 (2) to develop and implement 2- or 3-year part14 time master’s degree programs in mathematics,

15 science, technology, or critical foreign language edu16 cation for teachers in order to enhance the teachers’

17 content knowledge and pedagogical skills; and

18 (3) to develop programs for professionals in

19 mathematics, science, or critical foreign language

20 education that lead to a master’s degree in teaching

21 that results in teacher certification.

22 SEC. 3112. DEFINITIONS.

23 In this subtitle:

24 (1) CHILDREN FROM LOW-INCOME FAMILIES.—

25 The term ‘‘children from low-income families’’
†

111

S 761 ES

1 means children described in section 1124(c)(1)(A) of

2 the Elementary and Secondary Education Act of

3 1965 (20 U.S.C. 6333(c)(1)(A)).

4 (2) ELIGIBLE RECIPIENT.—The term ‘‘eligible

5 recipient’’ means an institution of higher education

6 that receives grant funds under this subtitle on be7 half of a department of mathematics, engineering,

8 science, or a critical foreign language, or on behalf

9 of a department or school with a competency-based

10 degree program (in mathematics, engineering,

11 science, or a critical foreign language) that includes

12 teacher certification, for use in carrying out activi13 ties assisted under this subtitle.

14 (3) HIGH-NEED LOCAL EDUCATIONAL AGEN15 CY.—The term ‘‘high-need local educational agency’’

16 means a local educational agency or educational

17 service agency—

18 (A)(i) that serves not fewer than 10,000

19 children from low-income families;

20 (ii) for which not less than 20 percent of

21 the children served by the agency are children

22 from low-income families; or

23 (iii) with a total of less than 600 students

24 in average daily attendance at the schools that

25 are served by the agency and all of whose
†

112

S 761 ES

1 schools are designated with a school locale code

2 of 6, 7, or 8, as determined by the Secretary;

3 and

4 (B)(i) for which there is a high percentage

5 of teachers providing instruction in academic

6 subject areas or grade levels for which the

7 teachers are not highly qualified; or

8 (ii) for which there is a high teacher turn9 over rate or a high percentage of teachers with

10 emergency, provisional, or temporary certifi11 cation or licensure.

12 (4) HIGHLY QUALIFIED.—The term ‘‘highly

13 qualified’’ has the meaning given such term in sec14 tion 9101 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 7801) and, with re16 spect to special education teachers, in section 602 of

17 the Individuals with Disabilities Education Act (20

18 U.S.C. 1401).

19 (5) PARTNERSHIP.—The term ‘‘partnership’’

20 means a partnership that—

21 (A) shall include—

22 (i) an eligible recipient;

23 (ii)(I)(aa) a department within the eli24 gible recipient that provides a program of
†

113

S 761 ES

1 study in mathematics, engineering, science,

2 or a critical foreign language; and

3 (bb) a school or department within

4 the eligible recipient that provides a teach5 er preparation program, or a 2-year insti6 tution of higher education that has a

7 teacher preparation offering or a dual en8 rollment program with the eligible recipi9 ent; or

10 (II) a department or school within the

11 eligible recipient with a competency-based

12 degree program (in mathematics, engineer13 ing, science, or a critical foreign language)

14 that includes teacher certification; and

15 (iii) not less than 1 high-need local

16 educational agency and a public school or

17 a consortium of public schools served by

18 the agency; and

19 (B) may include a nonprofit organization

20 that has the capacity to provide expertise or

21 support to meet the purposes of this subtitle.

22 (6) TEACHING SKILLS.—The term ‘‘teaching

23 skills’’ means the ability to—

24 (A) increase student achievement;
†

114

S 761 ES

1 (B) effectively convey and explain academic

2 subject matter;

3 (C) employ strategies that—

4 (i) are based on scientifically based re5 search;

6 (ii) are specific to academic subject

7 matter; and

8 (iii) focus on the identification of, and

9 tailoring of academic instruction to, stu10 dents’ specific learning needs, particularly

11 children with disabilities, students who are

12 limited English proficient, and students

13 who are gifted and talented;

14 (D) conduct ongoing assessment of student

15 learning;

16 (E) effectively manage a classroom; and

17 (F) communicate and work with parents

18 and guardians, and involve parents and guard19 ians in their children’s education.

20 SEC. 3113. PROGRAMS FOR BACCALAUREATE DEGREES IN

21 MATHEMATICS, SCIENCE, ENGINEERING, OR

22 CRITICAL FOREIGN LANGUAGES, WITH CON23 CURRENT TEACHER CERTIFICATION.

24 (a) PROGRAM AUTHORIZED.—From the amounts

25 made available to carry out this section under section
†

115

S 761 ES

1 3116(1) and not reserved under section 3115(d) for a fis2 cal year, the Secretary is authorized to award grants, on

3 a competitive basis, to eligible recipients to enable partner4 ships served by the eligible recipients to develop and imple5 ment programs to provide courses of study in mathe6 matics, science, engineering, or critical foreign languages

7 that—

8 (1) are integrated with teacher education; and

9 (2) lead to a baccalaureate degree with concur10 rent teacher certification.

11 (b) APPLICATION.—Each eligible recipient desiring a

12 grant under this section shall submit an application to the

13 Secretary at such time and in such manner as the Sec14 retary may require. Each application shall—

15 (1) describe the program for which assistance is

16 sought;

17 (2) describe how a department of mathematics,

18 science, engineering, or a critical foreign language

19 participating in the partnership will ensure signifi20 cant collaboration with a teacher preparation pro21 gram in the development of undergraduate degrees

22 in mathematics, science, engineering, or a critical

23 foreign language, with concurrent teacher certifi24 cation, including providing student teaching and

25 other clinical classroom experiences or how a depart-
†

116

S 761 ES

1 ment or school participating in the partnership with

2 a competency-based degree program has ensured, in

3 the development of a baccalaureate degree program

4 in mathematics, science, engineering, or a critical

5 foreign language, the provision of concurrent teacher

6 certification, including providing student teaching

7 and other clinical classroom experiences;

8 (3) describe the high-quality research, labora9 tory, or internship experiences, integrated with

10 coursework, that will be provided under the pro11 gram;

12 (4) describe how members of groups that are

13 underrepresented in the teaching of mathematics,

14 science, technology, engineering, or critical foreign

15 languages will be encouraged to participate in the

16 program;

17 (5) describe how program participants will be

18 encouraged to teach in schools determined by the

19 partnership to be most in need, and what assistance

20 in finding employment in such schools will be pro21 vided;

22 (6) describe the ongoing activities and services

23 that will be provided to graduates of the program;

24 (7) describe how the activities of the partner25 ship will be coordinated with any activities funded
†

117

S 761 ES

1 through other Federal grants, and how the partner2 ship will continue the activities assisted under the

3 program when the grant period ends;

4 (8) describe how the partnership will assess the

5 content knowledge and teaching skills of the pro6 gram participants; and

7 (9) provide any other information the Secretary

8 may reasonably require.

9 (c) AUTHORIZED ACTIVITIES.—

10 (1) IN GENERAL.—Each eligible recipient re11 ceiving a grant under this section shall use the grant

12 funds to enable a partnership to develop and imple13 ment a program to provide courses of study in math14 ematics, science, engineering, or a critical foreign

15 language that—

16 (A) are integrated with teacher education

17 programs that promote effective teaching skills;

18 and

19 (B) lead to a baccalaureate degree in

20 mathematics, science, engineering, or a critical

21 foreign language with concurrent teacher cer22 tification.

23 (2) PROGRAM REQUIREMENTS.—The program

24 shall—
†

118

S 761 ES

1 (A) provide high-quality research, labora2 tory, or internship experiences for program par3 ticipants;

4 (B) provide student teaching or other clin5 ical classroom experiences that—

6 (i) are integrated with coursework;

7 and

8 (ii) lead to the participants’ ability to

9 demonstrate effective teaching skills;

10 (C) if implementing a program in which

11 program participants are prepared to teach

12 mathematics, science, technology, or engineer13 ing courses, include strategies for improving

14 student literacy;

15 (D) encourage the participation of individ16 uals who are members of groups that are

17 underrepresented in the teaching of mathe18 matics, science, technology, engineering, or crit19 ical foreign languages;

20 (E) encourage participants to teach in

21 schools determined by the partnership to be

22 most in need, and actively assist the partici23 pants in finding employment in such schools;

24 (F) offer training in the use of and inte25 gration of educational technology;
†

119

S 761 ES

1 (G) collect data regarding and evaluate,

2 using measurable objectives and benchmarks,

3 the extent to which the program succeeded in—

4 (i) increasing the percentage of highly

5 qualified mathematics, science, or critical

6 foreign language teachers, including in7 creasing the percentage of such teachers

8 teaching in those schools determined by

9 the partnership to be most in need;

10 (ii) improving student academic

11 achievement in mathematics, science, and

12 where applicable, technology and engineer13 ing;

14 (iii) increasing the number of students

15 in secondary schools enrolled in upper level

16 mathematics, science, and, where available,

17 technology and engineering courses; and

18 (iv) increasing the numbers of elemen19 tary school, middle school, and secondary

20 school students enrolled in and continuing

21 in critical foreign language courses;

22 (H) collect data on the employment place23 ment of all graduates of the program, including

24 information on how many graduates are teach25 ing and in what kinds of schools;
†

120

S 761 ES

1 (I) provide ongoing activities and services

2 to graduates of the program who teach elemen3 tary school, middle school, or secondary school,

4 by—

5 (i) keeping the graduates informed of

6 the latest developments in their respective

7 academic fields; and

8 (ii) supporting the graduates of the

9 program who are employed in schools in

10 the local educational agency participating

11 in the partnership during the initial years

12 of teaching through—

13 (I) induction programs;

14 (II) promotion of effective teach15 ing skills; and

16 (III) providing opportunities for

17 regular professional development; and

18 (J) develop recommendations to improve

19 the teacher preparation program participating

20 in the partnership.

21 (d) ANNUAL REPORT.—Each eligible recipient receiv22 ing a grant under this section shall collect and report to

23 the Secretary annually such information as the Secretary

24 may reasonably require, including—

25 (1) the number of participants in the program;
†

121

S 761 ES

1 (2) information on the academic majors of par2 ticipating students;

3 (3) the race, gender, income, and disability sta4 tus of program participants;

5 (4) the employment placement of program par6 ticipants as teachers in schools determined by the

7 partnership to be most in need;

8 (5) the extent to which the program succeeded

9 in meeting the objectives and benchmarks described

10 in subsection (c)(2)(G); and

11 (6) the data collected under subparagraphs (G)

12 and (H) of subsection (c)(2).

13 (e) TECHNICAL ASSISTANCE.—From the funds made

14 available under section 3116(1), the Secretary may pro15 vide technical assistance to an eligible recipient developing

16 a baccalaureate degree program with concurrent teacher

17 certification, including technical assistance provided

18 through a grant or contract awarded on a competitive

19 basis to an institution of higher education or a technical

20 assistance center.

21 SEC. 3114. PROGRAMS FOR MASTER’S DEGREES IN MATHE22 MATICS, SCIENCE, TECHNOLOGY, OR CRIT23 ICAL FOREIGN LANGUAGES EDUCATION.

24 (a) PROGRAM AUTHORIZED.—From the amounts

25 made available to carry out this section under section
†

122

S 761 ES

1 3116(2) and not reserved under section 3115(d) for a fis2 cal year, the Secretary is authorized to award grants, on

3 a competitive basis, to eligible recipients to enable the

4 partnerships served by the eligible recipients to develop

5 and implement—

6 (1) 2- or 3-year part-time master’s degree pro7 grams in mathematics, science, technology, or crit8 ical foreign language education for teachers in order

9 to enhance the teacher’s content knowledge and

10 teaching skills; or

11 (2) programs for professionals in mathematics,

12 science, engineering, or critical foreign language that

13 lead to a 1 year master’s degree in teaching that re14 sults in teacher certification.

15 (b) APPLICATION.—Each eligible recipient desiring a

16 grant under this section shall submit an application to the

17 Secretary at such time and in such manner as the Sec18 retary may require. Each application shall describe—

19 (1) how a department of mathematics, science,

20 engineering, technology, or a critical foreign lan21 guage will ensure significant collaboration with a

22 teacher preparation program in the development of

23 the master’s degree programs authorized under sub24 section (a), or how a department or school with a

25 competency-based degree program has ensured, in
†

123

S 761 ES

1 the development of a master’s degree program, the

2 provision of rigorous studies in mathematics,

3 science, or a critical foreign language that enhance

4 the teachers’ content knowledge and teaching skills;

5 (2) the role of the local educational agency in

6 the partnership in developing and administering the

7 program and how feedback from the local edu8 cational agency, school, and participants will be used

9 to improve the program;

10 (3) how the program will help increase the per11 centage of highly qualified mathematics, science, or

12 critical foreign language teachers, including increas13 ing the percentage of such teachers teaching in

14 schools determined by the partnership to be most in

15 need;

16 (4) how the program will—

17 (A) improve student academic achievement

18 in mathematics, science, and, where applicable,

19 technology and engineering and increase the

20 number of students taking upper-level courses

21 in such subjects; or

22 (B) increase the numbers of elementary

23 school, middle school, and secondary school stu24 dents enrolled and continuing in critical foreign

25 language courses;
†

124

S 761 ES

1 (5) how the program will prepare participants

2 to become more effective mathematics, science, or

3 critical foreign language teachers;

4 (6) how the program will prepare participants

5 to assume leadership roles in their schools;

6 (7) how teachers (or mathematics, science, or

7 critical language professionals) who are members of

8 groups that are underrepresented in the teaching of

9 mathematics, science, engineering, technology, or

10 critical foreign languages and teachers from schools

11 determined by the partnership to be most in need

12 will be encouraged to apply for and participate in

13 the program;

14 (8) the ongoing activities and services that will

15 be provided to graduates of the program;

16 (9) how the partnership will continue the activi17 ties assisted under the grant when the grant period

18 ends;

19 (10) how the partnership will assess, during the

20 program, the content knowledge and teaching skills

21 of the program participants; and

22 (11) methods to ensure applicants to the mas23 ter’s degree program for professionals in mathe24 matics, science, or critical foreign language dem25 onstrate advanced knowledge in the relevant subject.
†

125

S 761 ES

1 (c) AUTHORIZED ACTIVITIES.—Each eligible recipi2 ent receiving a grant under this section shall use the grant

3 funds to develop and implement a 2- or 3-year part-time

4 master’s degree program in mathematics, science, or crit5 ical foreign language education for teachers in order to

6 enhance the teachers’ content knowledge and teaching

7 skills, or programs for professionals in mathematics,

8 science, or critical foreign language that lead to a 1-year

9 master’s degree in teaching that results in teacher certifi10 cation. The program shall—

11 (1) promote effective teaching skills so that pro12 gram participants become more effective mathe13 matics, science, or critical foreign language teachers;

14 (2) prepare teachers to assume leadership roles

15 in their schools by participating in activities such as

16 teacher mentoring, development of curricula that in17 tegrate state of the art applications of mathematics,

18 science, technology, and engineering into the class19 room, working with school administrators in estab20 lishing in-service professional development of teach21 ers, and assisting in evaluating data and assess22 ments to improve student academic achievement;

23 (3) use high-quality research, laboratory, or in24 ternship experiences for program participants that

25 are integrated with coursework;
†

126

S 761 ES

1 (4) provide student teaching or clinical class2 room experience;

3 (5) if implementing a program in which partici4 pants are prepared to teach mathematics or science

5 courses, provide strategies for improving student lit6 eracy;

7 (6) align the content knowledge in the master’s

8 degree program with challenging student academic

9 achievement standards and challenging academic

10 content standards established by the State in which

11 the program is conducted;

12 (7) encourage the participation of—

13 (A) individuals who are members of groups

14 that are underrepresented in the teaching of

15 mathematics, science, engineering, technology,

16 or critical foreign languages;

17 (B) members of the Armed Forces who are

18 transitioning to civilian life; and

19 (C) teachers teaching in schools deter20 mined by the partnership to be most in need;

21 (8) offer tuition assistance, based on need, as

22 appropriate;

23 (9) create opportunities for enhanced and ongo24 ing professional development for teachers that im-
†

127

S 761 ES

1 proves the mathematics and science content knowl2 edge and teaching skills of such teachers; and

3 (10) evaluate and report on the impact of the

4 program, in accordance with subsection (d).

5 (d) EVALUATION AND REPORT.—Each eligible recipi6 ent receiving a grant under this section shall evaluate,

7 using measurable objectives and benchmarks, and provide

8 an annual report to the Secretary regarding, the extent

9 to which the program assisted under this section suc10 ceeded in the following:

11 (1) Increasing the number and percentage of

12 mathematics, science, engineering, technology, or

13 critical foreign language teachers who have a mas14 ter’s degree and meet 1 or more of the following re15 quirements:

16 (A) Are teaching in schools determined by

17 the partnership to be most in need, and taught

18 in such schools prior to participation in the pro19 gram.

20 (B) Are teaching in schools determined by

21 the partnership to be most in need, and did not

22 teach in such schools prior to participation in

23 the program.
†

128

S 761 ES

1 (C) Are members of a group underrep2 resented in the teaching of mathematics,

3 science, or a critical foreign language.

4 (2) Bringing professionals in mathematics,

5 science, engineering, or critical foreign language into

6 the field of teaching.

7 (3) Retaining teachers who participate in the

8 program.

9 SEC. 3115. GENERAL PROVISIONS.

10 (a) DURATION OF GRANTS.—The Secretary shall

11 award each grant under this subtitle for a period of not

12 more than 5 years.

13 (b) MATCHING REQUIREMENT.—Each eligible recipi14 ent that receives a grant under this subtitle shall provide,

15 from non-Federal sources, an amount equal to 50 percent

16 of the amount of the grant (which may be provided in cash

17 or in kind) to carry out the activities supported by the

18 grant.

19 (c) SUPPLEMENT, NOT SUPPLANT.—Grant funds

20 provided under this subtitle shall be used to supplement,

21 and not supplant, other Federal or State funds.

22 (d) EVALUATION.—From amounts made available for

23 any fiscal year under section 3116, the Secretary shall re24 serve such sums as may be necessary—
†

129

S 761 ES

1 (1) to provide for the conduct of an annual

2 independent evaluation, by grant or by contract, of

3 the activities assisted under this subtitle, which shall

4 include an assessment of the impact of the activities

5 on student academic achievement; and

6 (2) to prepare and submit an annual report on

7 the results of the evaluation described in paragraph

8 (1) to the Committee on Health, Education, Labor,

9 and Pensions of the Senate, the Committee on Edu10 cation and the Workforce of the House of Rep11 resentatives, and the Committees on Appropriations

12 of the Senate and House of Representatives.

13 SEC. 3116. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated to carry out

15 this section $210,000,000 for fiscal year 2008, and such

16 sums as may be necessary for each of the 3 succeeding

17 fiscal years, of which—

18 (1) 57.1 percent shall be available to carry out

19 section 3113 for fiscal year 2008 and each suc20 ceeding fiscal year; and

21 (2) 42.9 percent shall be available to carry out

22 section 3114 for fiscal year 2008 and each suc23 ceeding fiscal year.
†

130

S 761 ES

1 Subtitle B—Advanced Placement

2 and International Baccalaureate

3 Programs

4 SEC. 3121. PURPOSE.

5 It is the purpose of this subtitle—

6 (1) to raise academic achievement through Ad7 vanced Placement and International Baccalaureate

8 programs by increasing, by 70,000, over a 4-year pe9 riod beginning in 2008, the number of teachers serv10 ing high-need schools who are qualified to teach Ad11 vanced Placement or International Baccalaureate

12 courses in mathematics, science, and critical foreign

13 languages;

14 (2) to increase, to 700,000 per year, the num15 ber of students attending high-need schools who—

16 (A) take and score a 3, 4, or 5 on an Ad17 vanced Placement examination in mathematics,

18 science, or a critical foreign language adminis19 tered by the College Board; or

20 (B) achieve a passing score on an examina21 tion administered by the International Bacca22 laureate Organization in such a subject;

23 (3) to increase the availability of, and enroll24 ment in, Advanced Placement or International Bac25 calaureate courses in mathematics, science, and crit-
†

131

S 761 ES

1 ical foreign languages, and pre-Advanced Placement

2 or pre-International Baccalaureate courses in such

3 subjects, in high-need schools; and

4 (4) to support statewide efforts to increase the

5 availability of, and enrollment in, Advanced Place6 ment or International Baccalaureate courses in

7 mathematics, science, and critical foreign languages,

8 and pre-Advanced Placement or pre-International

9 Baccalaureate courses in such subjects, in high-need

10 schools.

11 SEC. 3122. DEFINITIONS.

12 In this subtitle:

13 (1) ADVANCED PLACEMENT OR INTERNATIONAL

14 BACCALAUREATE COURSE.—The term ‘‘Advanced

15 Placement or International Baccalaureate course’’

16 means a course of college-level instruction provided

17 to middle or secondary school students, terminating

18 in an examination administered by the College

19 Board or the International Baccalaureate Organiza20 tion, or another such examination approved by the

21 Secretary, or another highly rigorous, evidence22 based, postsecondary preparatory program termi23 nating in an examination administered by a nation24 ally recognized educational association.
†

132

S 761 ES

1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means—

3 (A) a State educational agency;

4 (B) a local educational agency; or

5 (C) a partnership consisting of—

6 (i) a national, regional, or statewide

7 nonprofit organization, with expertise and

8 experience in providing Advanced Place9 ment or International Baccalaureate serv10 ices; and

11 (ii) a State educational agency or

12 local educational agency.

13 (3) LOW-INCOME STUDENT.—The term ‘‘low-in14 come student’’ has the meaning given the term ‘‘low15 income individual’’ in section 1707(3) of the Ele16 mentary and Secondary Education Act of 1965 (20

17 U.S.C. 6537(3)).

18 (4) HIGH CONCENTRATION OF LOW-INCOME

19 STUDENTS.—The term ‘‘high concentration of low20 income students’’ has the meaning given the term in

21 section 1707(2) of the Elementary and Secondary

22 Education Act of 1965 (20 U.S.C. 6537(2)).

23 (5) HIGH-NEED LOCAL EDUCATIONAL AGEN24 CY.—The term ‘‘high-need local educational agency’’
†

133

S 761 ES

1 means a local educational agency or educational

2 service agency described in 3112(3)(A).

3 (6) HIGH-NEED SCHOOL.—The term ‘‘high-need

4 school’’ means a middle school or secondary school—

5 (A) with a pervasive need for Advanced

6 Placement or International Baccalaureate

7 courses in mathematics, science, or critical for8 eign languages, or for additional Advanced

9 Placement or International Baccalaureate

10 courses in such a subject; and

11 (B)(i) with a high concentration of low-in12 come students; or

13 (ii) designated with a school locale code of

14 6, 7 or 8, as determined by the Secretary.

15 SEC. 3123. ADVANCED PLACEMENT AND INTERNATIONAL

16 BACCALAUREATE PROGRAMS.

17 (a) PROGRAM AUTHORIZED.—From the amounts ap18 propriated under subsection (l), the Secretary is author19 ized to award grants, on a competitive basis, to eligible

20 entities to enable the eligible entities to carry out the au21 thorized activities described in subsection (g).

22 (b) DURATION OF GRANTS.—The Secretary may

23 award grants under this section for a period of not more

24 than 5 years.
†

134

S 761 ES

1 (c) COORDINATION.—The Secretary shall coordinate

2 the activities carried out under this section with the activi3 ties carried out under section 1705 of the Elementary and

4 Secondary Education Act of 1965 (20 U.S.C. 6535).

5 (d) PRIORITY.—In awarding grants under this sec6 tion, the Secretary shall give priority to eligible entities

7 that—

8 (1) are part of a statewide strategy for increas9 ing the availability of Advanced Placement or Inter10 national Baccalaureate courses in mathematics,

11 science, and critical foreign languages, and pre-Ad12 vanced Placement or pre-International Bacca13 laureate courses in such subjects, in high-need

14 schools; and

15 (2) make Advanced Placement math, science,

16 and critical foreign language courses available to

17 students who are prepared for such work in earlier

18 grades than traditionally made available.

19 (e) EQUITABLE DISTRIBUTION.—The Secretary, to

20 the extent practicable, shall—

21 (1) ensure an equitable geographic distribution

22 of grants under this section among the States; and

23 (2) promote an increase in participation in Ad24 vanced Placement or International Baccalaureate
†

135

S 761 ES

1 mathematics, science, and critical foreign language

2 courses and examinations in all States.

3 (f) APPLICATION.—

4 (1) IN GENERAL.—Each eligible entity desiring

5 a grant under this section shall submit an applica6 tion to the Secretary at such time, in such manner,

7 and containing such information as the Secretary

8 may reasonably require.

9 (2) CONTENTS.—The application shall, at a

10 minimum, include a description of—

11 (A) the goals and objectives for the

12 project, including—

13 (i) increasing the number of teachers

14 serving high-need schools who are qualified

15 to teach Advanced Placement or Inter16 national Baccalaureate courses in mathe17 matics, science, or critical foreign lan18 guages;

19 (ii) increasing the number of qualified

20 teachers serving high-need schools who are

21 teaching Advanced Placement or Inter22 national Baccalaureate courses in mathe23 matics, science, or critical foreign lan24 guages to students in the high-need

25 schools;
†

136

S 761 ES

1 (iii) increasing the number of Ad2 vanced Placement or International Bacca3 laureate courses in mathematics, science,

4 and critical foreign languages that are

5 available to students attending high-need

6 schools; and

7 (iv) increasing the number of students

8 attending a high-need school, particularly

9 low-income students, who enroll in and

10 pass—

11 (I) Advanced Placement or Inter12 national Baccalaureate courses in

13 mathematics, science, or critical for14 eign languages; and

15 (II) pre-Advanced Placement or

16 pre-International Baccalaureate

17 courses in such a subject (where pro18 vided in accordance with subpara19 graph (B));

20 (B) how the eligible entity will ensure that

21 students have access to courses, including pre22 Advanced Placement and pre-International Bac23 calaureate courses, that will prepare the stu24 dents to enroll and succeed in Advanced Place25 ment or International Baccalaureate courses in
†

137

S 761 ES

1 mathematics, science, or critical foreign lan2 guages;

3 (C) how the eligible entity will provide pro4 fessional development for teachers assisted

5 under this section;

6 (D) how the eligible entity will ensure that

7 teachers serving high-need schools are qualified

8 to teach Advanced Placement or International

9 Baccalaureate courses in mathematics, science,

10 or critical foreign languages;

11 (E) how the eligible entity will provide for

12 the involvement of business and community or13 ganizations and other entities, including institu14 tions of higher education, in the activities to be

15 assisted; and

16 (F) how the eligible entity will use funds

17 received under this section, including how the

18 eligible entity will evaluate the success of its

19 project.

20 (g) AUTHORIZED ACTIVITIES.—

21 (1) IN GENERAL.—Each eligible entity that re22 ceives a grant under this section shall use the grant

23 funds to carry out activities designed to increase—

24 (A) the number of qualified teachers serv25 ing high-need schools who are teaching Ad-
†

138

S 761 ES

1 vanced Placement or International Bacca2 laureate courses in mathematics, science, or

3 critical foreign languages; and

4 (B) the number of students attending

5 high-need schools who enroll in, and pass, the

6 examinations for such Advanced Placement or

7 International Baccalaureate courses.

8 (2) PERMISSIVE ACTIVITIES.—The activities de9 scribed in paragraph (1) may include—

10 (A) teacher professional development, in

11 order to expand the pool of teachers in the par12 ticipating State, local educational agency, or

13 high-need school who are qualified to teach Ad14 vanced Placement or International Bacca15 laureate courses in mathematics, science, or

16 critical foreign languages;

17 (B) pre-Advanced Placement or pre-Inter18 national Baccalaureate course development and

19 professional development;

20 (C) coordination and articulation between

21 grade levels to prepare students to enroll and

22 succeed in Advanced Placement or International

23 Baccalaureate courses in mathematics, science,

24 or critical foreign languages;

25 (D) purchase of instructional materials;
†

139

S 761 ES

1 (E) activities to increase the availability of,

2 and participation in, online Advanced Place3 ment or International Baccalaureate courses in

4 mathematics, science, and critical foreign lan5 guages;

6 (F) reimbursing low-income students at7 tending high-need schools for part or all of the

8 cost of Advanced Placement or International

9 Baccalaureate examination fees;

10 (G) carrying out subsection (j), relating to

11 collecting and reporting data;

12 (H) in the case of a State educational

13 agency that receives a grant under this section,

14 awarding subgrants to local educational agen15 cies to enable the local educational agencies to

16 carry out authorized activities described in sub17 paragraphs (A) through (G); and

18 (I) providing salary increments or bonuses

19 to teachers serving high-need schools who—

20 (i) become qualified to teach, and

21 teach, Advanced Placement or Inter22 national Baccalaureate courses in mathe23 matics, science, or a critical foreign lan24 guage; or
†

140

S 761 ES

1 (ii) increase the number of low-income

2 students, who take Advanced Placement or

3 International Baccalaureate examinations

4 in mathematics, science, or a critical for5 eign language with the goal of successfully

6 passing such examinations.

7 (h) MATCHING REQUIREMENT.—

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

9 each eligible entity that receives a grant under this

10 section shall provide, toward the cost of the activities

11 assisted under the grant, from non-Federal sources,

12 an amount equal to 200 percent of the amount of

13 the grant, except that an eligible entity that is a

14 high-need local educational agency shall provide an

15 amount equal to not more than 100 percent of the

16 amount of the grant.

17 (2) WAIVER.—The Secretary may waive all or

18 part of the matching requirement described in para19 graph (1) for any fiscal year for an eligible entity

20 described in subparagraph (A) or (B) of section

21 3122(2), if the Secretary determines that applying

22 the matching requirement to such eligible entity

23 would result in serious hardship or an inability to

24 carry out the authorized activities described in sub25 section (g).
†

141

S 761 ES

1 (i) SUPPLEMENT NOT SUPPLANT.—Grant funds pro2 vided under this section shall be used to supplement, not

3 supplant, other Federal and non-Federal funds available

4 to carry out the activities described in subsection (g).

5 (j) COLLECTING AND REPORTING REQUIREMENTS.—

6 (1) REPORT.—Each eligible entity receiving a

7 grant under this section shall collect and report to

8 the Secretary annually such data on the results of

9 the grant as the Secretary may reasonably require,

10 including data regarding—

11 (A) the number of students enrolling in

12 Advanced Placement or International Bacca13 laureate courses in mathematics, science, or a

14 critical foreign language, and pre-Advanced

15 Placement or pre-International Baccalaureate

16 courses in such a subject, by the grade the stu17 dent is enrolled in, and the distribution of

18 grades those students receive;

19 (B) the number of students taking Ad20 vanced Placement or International Bacca21 laureate examinations in mathematics, science,

22 or a critical foreign language, and the distribu23 tion of scores on those examinations by the

24 grade the student is enrolled in at the time of

25 the examination;
†

142

S 761 ES

1 (C) the number of teachers receiving train2 ing in teaching Advanced Placement or Inter3 national Baccalaureate courses in mathematics,

4 science, or a critical foreign language who will

5 be teaching such courses in the next school

6 year;

7 (D) the number of teachers becoming

8 qualified to teach Advanced Placement or Inter9 national Baccalaureate courses in mathematics,

10 science, or a critical foreign language; and

11 (E) the number of qualified teachers who

12 are teaching Advanced Placement or Inter13 national Baccalaureate courses in mathematics,

14 science, or critical foreign languages to students

15 in a high-need school.

16 (2) REPORTING OF DATA.—Each eligible entity

17 receiving a grant under this section shall report data

18 required under paragraph (1)—

19 (A) disaggregated by subject area;

20 (B) in the case of student data,

21 disaggregated in the same manner as informa22 tion is disaggregated under section

23 1111(h)(1)(C)(i) of the Elementary and Sec24 ondary Education Act of 1965 (20 U.S.C.

25 6311(h)(1)(C)(i)); and
†

143

S 761 ES

1 (C) to the extent feasible, in a manner that

2 allows comparison of conditions before, during,

3 and after the project.

4 (k) EVALUATION AND REPORT.—From the amount

5 made available for any fiscal year under subsection (l),

6 the Secretary shall reserve such sums as may be

7 necessary—

8 (1) to conduct an annual independent evalua9 tion, by grant or by contract, of the program carried

10 out under this section, which shall include an assess11 ment of the impact of the program on student aca12 demic achievement; and

13 (2) to prepare and submit an annual report on

14 the results of the evaluation described in paragraph

15 (1) to the Committee on Health, Education, Labor,

16 and Pensions of the Senate, the Committee on Edu17 cation and the Workforce of the House of Rep18 resentatives, and the Committees on Appropriations

19 of the Senate and House of Representatives.

20 (l) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to carry out this section

22 $58,000,000 for fiscal year 2008, and such sums as may

23 be necessary for each of the 3 succeeding fiscal years.
†

144

S 761 ES

1 Subtitle C—Promising Practices in

2 Mathematics, Science, Tech3 nology, and Engineering Teach4 ing

5 SEC. 3131. PROMISING PRACTICES.

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

7 strengthen the skills of mathematics, science, technology,

8 and engineering teachers by identifying promising prac9 tices in the teaching of mathematics, science, technology,

10 and engineering in elementary and secondary education.

11 (b) NATIONAL PANEL ON PROMISING PRACTICES IN

12 TEACHING MATHEMATICS, SCIENCE, TECHNOLOGY, AND

13 ENGINEERING.—The Secretary is authorized to contract

14 with the National Academy of Sciences to convene, not

15 later than 1 year after the date of enactment of this Act,

16 a national panel to identify existing promising practices

17 in the teaching of mathematics, science, technology, and

18 engineering in kindergarten through grade 12.

19 (c) COMPOSITION OF NATIONAL PANEL.—

20 (1) CONSULTATION.—The Secretary shall enter

21 into a contract with the National Academy of

22 Sciences to establish a panel to identify existing

23 promising practices in the teaching of mathematics,

24 science, technology, and engineering in elementary
†

145

S 761 ES

1 and secondary education with demonstrated evidence

2 of increasing student academic achievement.

3 (2) SELECTION.—The National Academy of

4 Sciences shall ensure that the panel established

5 under paragraph (1) broadly represents scientists,

6 practitioners, teachers, principals, and representa7 tives from entities with expertise in education, math8 ematics, and science. The National Academy of

9 Sciences shall ensure that the panel includes the fol10 lowing:

11 (A) A majority representation of teachers

12 and principals directly involved in teaching

13 mathematics, science, technology, or engineer14 ing in kindergarten through grade 12.

15 (B) Representation of teachers and prin16 cipals from all demographic areas, including

17 urban, suburban, and rural schools.

18 (C) Representation of teachers from public

19 and private schools.

20 (3) QUALIFICATIONS OF MEMBERS.—The mem21 bers of the panel established under paragraph (1)

22 shall be individuals who have substantial knowledge

23 or experience relating to—

24 (A) mathematics, science, technology, or

25 engineering education programs; or
†

146

S 761 ES

1 (B) mathematics, science, technology, or

2 engineering curricula content development.

3 (d) AUTHORIZED ACTIVITIES OF NATIONAL

4 PANEL.—The panel shall—

5 (1) identify promising practices in the teaching

6 of mathematics, science, technology, and engineering

7 in elementary and secondary education;

8 (2) identify techniques proven to help teachers

9 increase their skills and expertise in improving stu10 dent achievement in mathematics, science, tech11 nology, and engineering; and

12 (3) identify areas of need for promising prac13 tices in mathematics, science, technology, and engi14 neering.

15 (e) DISSEMINATION.—The Secretary shall dissemi16 nate information collected pursuant to this section to the

17 public, State educational agencies, and local educational

18 agencies, and shall publish appropriate and relevant infor19 mation on the promising practices on the website of the

20 Department in an easy to understand format.

21 (f) MATHEMATICS, SCIENCE, TECHNOLOGY, AND EN22 GINEERING ‘‘PROMISING PRACTICES’’.—

23 (1) RELIABILITY AND MEASUREMENT.—The

24 promising practices in the teaching of mathematics,

25 science, technology, and engineering in elementary
†

147

S 761 ES

1 and secondary education collected under this section

2 shall be—

3 (A) reliable, valid, and grounded in sci4 entific theory and research;

5 (B) reviewed regularly to assess effective6 ness; and

7 (C) reviewed in the context of State aca8 demic assessments and student academic

9 achievement standards.

10 (2) STUDENTS WITH DIVERSE LEARNING

11 NEEDS.—In identifying promising practices under

12 this section, the panel established under subsection

13 (c) shall take into account the needs of students

14 with diverse learning needs, particularly for students

15 with disabilities and students who are limited

16 English proficient.

17 (g) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this section

19 such sums as may be necessary for fiscal year 2008.

20 TITLE II—MATHEMATICS

21 SEC. 3201. MATH NOW FOR ELEMENTARY SCHOOL AND MID22 DLE SCHOOL STUDENTS PROGRAM.

23 (a) PURPOSE.—The purpose of this section is to en24 able all students to reach or exceed grade-level academic
†

148

S 761 ES

1 achievement standards and to prepare the students to en2 roll in and pass algebra courses by—

3 (1) improving instruction in mathematics for

4 students in kindergarten through grade 9 through

5 the implementation of mathematics programs and

6 the support of comprehensive mathematics initiatives

7 that are research-based and reflect a demonstrated

8 record of effectiveness; and

9 (2) providing targeted help to low-income stu10 dents who are struggling with mathematics and

11 whose achievement is significantly below grade level.

12 (b) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL

13 AGENCY.—In this section, the term ‘‘eligible local edu14 cational agency’’ means a high-need local educational

15 agency (as defined in section 3112(3)) serving 1 or more

16 schools—

17 (1) with significant numbers or percentages of

18 students whose mathematics skills are below grade

19 level;

20 (2) that are not making adequate yearly

21 progress in mathematics under section 1111(b)(2) of

22 the Elementary and Secondary Education Act of

23 1965 (20 U.S.C. 6311(b)(2)); or

24 (3) in which students are receiving instruction

25 in mathematics from teachers who do not have
†

149

S 761 ES

1 mathematical content knowledge or expertise in the

2 teaching of mathematics.

3 (c) PROGRAM AUTHORIZED.—

4 (1) IN GENERAL.—From the amounts appro5 priated under subsection (k) for any fiscal year, the

6 Secretary is authorized to award grants, on a com7 petitive basis, for not more than 5 years, to State

8 educational agencies to enable the State educational

9 agencies to award grants to eligible local educational

10 agencies to carry out the activities described in sub11 section (e).

12 (2) PRIORITY.—In awarding grants under this

13 section, the Secretary shall give priority to applica14 tions for projects that will implement statewide

15 strategies for improving mathematics instruction

16 and raising the mathematics achievement of stu17 dents, particularly students in grades 4 through 8.

18 (d) STATE USES OF FUNDS.—

19 (1) IN GENERAL.—Each State educational

20 agency that receives a grant under this section for

21 a fiscal year—

22 (A) shall expend not more than a total of

23 10 percent of the grant funds to carry out the

24 activities described in paragraphs (2) or (3) for

25 the fiscal year; and
†

150

S 761 ES

1 (B) shall use not less than 90 percent of

2 the grant funds to award grants, on a competi3 tive basis, to eligible local educational agencies

4 to enable the eligible local educational agencies

5 to carry out the activities described in sub6 section (e) for the fiscal year.

7 (2) MANDATORY USES OF FUNDS.—A State

8 educational agency shall use the grant funds made

9 available under paragraph (1)(A) to carry out each

10 of the following activities:

11 (A) PLANNING AND ADMINISTRATION.—

12 Planning and administration, including—

13 (i) evaluating applications from eligi14 ble local educational agencies using peer

15 review teams described in subsection

16 (f)(1)(D);

17 (ii) administering the distribution of

18 grants to eligible local educational agen19 cies; and

20 (iii) assessing and evaluating, on a

21 regular basis, eligible local educational

22 agency activities assisted under this sec23 tion, with respect to whether the activities

24 have been effective in increasing the num25 ber of children—
†

151

S 761 ES

1 (I) making progress toward meet2 ing grade-level mathematics achieve3 ment; and

4 (II) meeting or exceeding grade5 level mathematics achievement.

6 (B) REPORTING.—Annually providing the

7 Secretary with a report on the implementation

8 of this section as described in subsection (i).

9 (3) PERMISSIVE USE OF FUNDS; TECHNICAL

10 ASSISTANCE.—

11 (A) IN GENERAL.—A State educational

12 agency may use the grant funds made available

13 under paragraph (1)(A) for 1 or more of the

14 following technical assistance activities that as15 sist an eligible local educational agency, upon

16 request by the eligible local educational agency,

17 in accomplishing the tasks required to design

18 and implement a project under this section, in19 cluding assistance in—

20 (i) implementing mathematics pro21 grams or comprehensive mathematics ini22 tiatives that are research-based and reflect

23 a demonstrated record of effectiveness;
†

152

S 761 ES

1 (ii) evaluating and selecting diagnostic

2 and classroom based instructional mathe3 matics assessments; and

4 (iii) identifying eligible professional

5 development providers to conduct the pro6 fessional development activities described

7 in subsection (e)(1)(B).

8 (B) GUIDANCE.—The technical assistance

9 described in subparagraph (A) shall be guided

10 by researchers with expertise in the pedagogy of

11 mathematics, mathematicians, and mathematics

12 educators from high-risk, high-achievement

13 schools and eligible local educational agencies.

14 (e) LOCAL USES OF FUNDS.—

15 (1) MANDATORY USES OF FUNDS.—Each eligi16 ble local educational agency receiving a grant under

17 this section shall use the grant funds to carry out

18 each of the following activities:

19 (A) To implement mathematics programs

20 or comprehensive mathematics initiatives—

21 (i) for students in the grades of a par22 ticipating school as identified in the appli23 cation submitted under subsection

24 (f)(2)(A); and
†

153

S 761 ES

1 (ii) that are research-based and reflect

2 a demonstrated record of effectiveness.

3 (B) To provide professional development

4 and instructional leadership activities for teach5 ers and, if appropriate, for administrators and

6 other school staff, on the implementation of

7 comprehensive mathematics initiatives

8 designed—

9 (i) to improve the achievement of stu10 dents performing significantly below grade

11 level;

12 (ii) to improve the mathematical con13 tent knowledge of the teachers, administra14 tors, and other school staff;

15 (iii) to increase the use of effective in16 structional practices; and

17 (iv) to monitor student progress.

18 (C) To conduct continuous progress moni19 toring, which may include the adoption and use

20 of assessments that—

21 (i) measure student progress and

22 identify areas in which students need help

23 in learning mathematics; and

24 (ii) reflect mathematics content that

25 is consistent with State academic achieve-
†

154

S 761 ES

1 ment standards in mathematics described

2 in section 1111(b) of the Elementary and

3 Secondary Education Act of 1965 (20

4 U.S.C. 6311(b)).

5 (2) PERMISSIVE USES OF FUNDS.—An eligible

6 local educational agency may use grant funds under

7 this section to—

8 (A) adopt and use mathematics instruc9 tional materials and assessments;

10 (B) implement classroom-based assess11 ments, including diagnostic or formative assess12 ments;

13 (C) provide remedial coursework and inter14 ventions for students, which may be provided

15 before or after school;

16 (D) provide small groups with individual17 ized instruction in mathematics;

18 (E) conduct activities designed to improve

19 the content knowledge and expertise of teach20 ers, such as the use of a mathematics coach,

21 enrichment activities, and interdisciplinary

22 methods of mathematics instruction; and

23 (F) collect and report performance data.

24 (f) APPLICATIONS.—
†

155

S 761 ES

1 (1) STATE EDUCATIONAL AGENCY.—Each State

2 educational agency desiring a grant under this sec3 tion shall submit an application to the Secretary at

4 such time and in such manner as the Secretary may

5 require. Each application shall include—

6 (A) an assurance that the core mathe7 matics instructional program, supplemental in8 structional materials, and intervention pro9 grams used by the eligible local educational

10 agencies for the project, are research-based and

11 reflect a demonstrated record of effectiveness

12 and are aligned with State academic achieve13 ment standards;

14 (B) an assurance that eligible local edu15 cational agencies will meet the requirements de16 scribed in paragraph (2);

17 (C) an assurance that local applications

18 will be evaluated using a peer review process;

19 (D) a description of the qualifications of

20 the peer review teams, which shall consist of—

21 (i) researchers with expertise in the

22 pedagogy of mathematics;

23 (ii) mathematicians; and
†

156

S 761 ES

1 (iii) mathematics educators serving

2 high-risk, high-achievement schools and eli3 gible local educational agencies; and

4 (E) an assurance that the State will estab5 lish a process to safeguard against conflicts of

6 interest, consistent with subsection (g)(2), for

7 individuals providing technical assistance on be8 half of the State educational agency or partici9 pating in the State peer review process under

10 this title.

11 (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

12 Each eligible local educational agency desiring a

13 grant under this section shall submit an application

14 to the State educational agency at such time and in

15 such manner as the State educational agency may

16 require. Each application shall include—

17 (A) an assurance that the eligible local

18 educational agency will provide assistance to 1

19 or more schools that are—

20 (i) served by the eligible local edu21 cational agency; and

22 (ii) described in section 3201(b);

23 (B) a description of the grades kinder24 garten through grade 9, and of the schools, that

25 will be served;
†

157

S 761 ES

1 (C) information, on an aggregate basis, on

2 each school to be served by the project, includ3 ing such demographic, socioeconomic, and

4 mathematics achievement data as the State

5 educational agency may request;

6 (D) a description of the core mathematics

7 instructional program, supplemental instruc8 tional materials, and intervention programs or

9 strategies that will be used for the project, in10 cluding an assurance that the programs or

11 strategies are research-based and reflect a dem12 onstrated record of effectiveness and are

13 aligned with State academic achievement stand14 ards;

15 (E) a description of the activities that will

16 be carried out under the grant, including a de17 scription of the professional development that

18 will be provided to teachers, and, if appropriate,

19 administrators and other school staff, and a de20 scription of how the activities will support

21 achievement of the purpose of this section;

22 (F) an assurance that the eligible local

23 educational agency will report to the State edu24 cational agency all data on student academic
†

158

S 761 ES

1 achievement that is necessary for the State edu2 cational agency’s report under subsection (i);

3 (G) a description of the eligible entity’s

4 plans for evaluating the impact of professional

5 development and leadership activities in mathe6 matics on the content knowledge and expertise

7 of teachers, administrators, or other school

8 staff; and

9 (H) any other information the State edu10 cational agency may reasonably require.

11 (g) PROHIBITIONS.—

12 (1) IN GENERAL.—In implementing this sec13 tion, the Secretary shall not—

14 (A) endorse, approve, or sanction any

15 mathematics curriculum designed for use in any

16 school; or

17 (B) engage in oversight, technical assist18 ance, or activities that will require the adoption

19 of a specific mathematics program or instruc20 tional materials by a State, local educational

21 agency, or school.

22 (2) CONFLICT OF INTEREST.—Any Federal em23 ployee, contractor, or subcontractor involved in the

24 administration, implementation, or provision of over-
†

159

S 761 ES

1 sight or technical assistance duties or activities

2 under this section shall—

3 (A) disclose to the Secretary any financial

4 ties to publishers, entities, private individuals,

5 or organizations that will benefit from funds

6 provided under this section; and

7 (B) be prohibited from maintaining signifi8 cant financial interests in areas directly related

9 to duties or activities under this section, unless

10 granted a waiver by the Secretary.

11 (3) REPORTING.—The Secretary shall report

12 annually to the Committee on Health, Education,

13 Labor, and Pensions of the Senate and to the Com14 mittee on Education and Labor of the House of

15 Representatives on any of the special allowances or

16 waivers granted under paragraph (2)(B).

17 (4) RULE OF CONSTRUCTION.—Nothing in this

18 title shall be construed to authorize or permit the

19 Department of Education, or a Department of Edu20 cation contractor, to mandate, direct, control, or

21 suggest the selection of a mathematics curriculum,

22 supplemental instructional materials, or program of

23 instruction by a State, local educational agency, or

24 school.

25 (h) MATCHING REQUIREMENTS.—
†

160

S 761 ES

1 (1) STATE EDUCATIONAL AGENCY.—A State

2 educational agency that receives a grant under this

3 section shall provide, from non-Federal sources, an

4 amount equal to 50 percent of the amount of the

5 grant, in cash or in kind, to carry out the activities

6 supported by the grant, of which not more than 20

7 percent of such 50 percent may be provided by local

8 educational agencies within the State.

9 (2) WAIVER.—The Secretary may waive all of

10 or a portion of the matching requirement described

11 in paragraph (1) for any fiscal year, if the Secretary

12 determines that—

13 (A) the application of the matching re14 quirement will result in serious hardship for the

15 State educational agency; or

16 (B) providing a waiver best serves the pur17 pose of the program assisted under this section.

18 (i) PROGRAM PERFORMANCE AND ACCOUNT19 ABILITY.—

20 (1) INFORMATION.—Each State educational

21 agency receiving a grant under this section shall col22 lect and report to the Secretary annually such infor23 mation on the results of the grant as the Secretary

24 may reasonably require, including information on—
†

161

S 761 ES

1 (A) mathematics achievement data that

2 show the progress of students participating in

3 projects under this section (including, to the ex4 tent practicable, comparable data from students

5 not participating in such projects), based pri6 marily on the results of State, school district

7 wide, or classroom-based, assessments,

8 including—

9 (i) specific identification of those

10 schools and eligible local educational agen11 cies that report the largest gains in mathe12 matics achievement; and

13 (ii) evidence on whether the State

14 educational agency and eligible local edu15 cational agencies within the State have—

16 (I) significantly increased the

17 number of students achieving at grade

18 level or above in mathematics;

19 (II) significantly increased the

20 percentages of students described in

21 section 1111(b)(2)(C)(v)(II) of the El22 ementary and Secondary Education

23 Act of 1965 (20 U.S.C.

24 6311(b)(2)(C)(v)(II)) who are achiev-
†

162

S 761 ES

1 ing at grade level or above in mathe2 matics;

3 (III) significantly increased the

4 number of students making significant

5 progress toward meeting grade-level

6 mathematics achievement standards;

7 and

8 (IV) successfully implemented

9 this section;

10 (B) the percentage of students in the

11 schools served by the eligible local educational

12 agency who enroll in algebra courses and the

13 percentage of such students who pass algebra

14 courses; and

15 (C) the progress made in increasing the

16 quality and accessibility of professional develop17 ment and leadership activities in mathematics,

18 especially activities resulting in greater content

19 knowledge and expertise of teachers, adminis20 trators, and other school staff, except that the

21 Secretary shall not require such information

22 until after the third year of a grant awarded

23 under this section.

24 (2) REPORTING AND DISAGGREGATION.—The

25 information required under paragraph (1) shall be—
†

163

S 761 ES

1 (A) reported in a manner that allows for a

2 comparison of aggregated score differentials of

3 student academic achievement before (to the ex4 tent feasible) and after implementation of the

5 project assisted under this section; and

6 (B) disaggregated in the same manner as

7 information is disaggregated under section

8 1111(h)(1)(C)(i) of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C.

10 6311(h)(1)(C)(i)).

11 (3) PRIVACY PROTECTION.—The data in the re12 port shall be reported in a manner that—

13 (A) protects the privacy of individuals; and

14 (B) complies with the requirements of the

15 Family Educational Rights and Privacy Act of

16 1974 (20 U.S.C. 1232g).

17 (j) EVALUATION AND TECHNICAL ASSISTANCE.—

18 (1) EVALUATION.—

19 (A) IN GENERAL.—The Secretary shall

20 conduct an annual independent evaluation, by

21 grant or by contract, of the program assisted

22 under this section, which shall include an as23 sessment of the impact of the program on stu24 dent academic achievement and teacher per-
†

164

S 761 ES

1 formance, and may use funds available to carry

2 out this section to conduct the evaluation.

3 (B) REPORT.—The Secretary shall annu4 ally submit, to the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate, the

6 Committee on Education and the Workforce of

7 the House of Representatives, and the Commit8 tees on Appropriations of the Senate and House

9 of Representatives, a report on the results of

10 the evaluation.

11 (2) TECHNICAL ASSISTANCE.—The Secretary

12 may use funds made available under paragraph (3)

13 to provide technical assistance to prospective appli14 cants and to eligible local educational agencies re15 ceiving a grant under this section.

16 (3) RESERVATION OF FUNDS.—The Secretary

17 may reserve not more than 2.5 percent of funds ap18 propriated under subsection (k) for a fiscal year to

19 carry out this subsection.

20 (k) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to carry out this section

22 $146,700,000 for fiscal year 2008, and such sums as may

23 be necessary for each of the 3 succeeding fiscal years.
†

165

S 761 ES

1 SEC. 3202. SUMMER TERM EDUCATION PROGRAMS.

2 (a) PURPOSE.—The purpose of this section is to cre3 ate opportunities for summer learning by providing stu4 dents with access to summer learning in mathematics,

5 technology, and problem-solving to ensure that students

6 do not experience learning losses over the summer and to

7 remedy, reinforce, and accelerate the learning of mathe8 matics and problem-solving.

9 (b) DEFINITIONS.—In this section:

10 (1) EDUCATIONAL SERVICE AGENCY.—The

11 term ‘‘educational service agency’’ has the meaning

12 given the term in section 9101 of the Elementary

13 and Secondary Education Act of 1965 (20 U.S.C.

14 7801).

15 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means an entity that—

17 (A) desires to participate in a summer

18 learning grant program under this section by

19 providing summer learning opportunities de20 scribed in subsection (d)(4)(A)(ii) to eligible

21 students; and

22 (B) is—

23 (i) a high-need local educational agen24 cy; or
†

166

S 761 ES

1 (ii) a consortium consisting of a high2 need local educational agency and 1 or

3 more of the following entities:

4 (I) Another local educational

5 agency;

6 (II) A community-based youth

7 development organization with a dem8 onstrated record of effectiveness in

9 helping students learn;

10 (III) An institution of higher

11 education;

12 (IV) An educational service agen13 cy; or

14 (V) A for-profit educational pro15 vider, nonprofit organization, science

16 center, museum, or summer enrich17 ment camp, that has been approved

18 by the State educational agency to

19 provide the summer learning oppor20 tunity described in subsection

21 (d)(4)(A)(ii).

22 (3) ELIGIBLE STUDENT.—The term ‘‘eligible

23 student’’ means a student who—
†

167

S 761 ES

1 (A) is eligible for a free lunch under the

2 Richard B. Russell National School Lunch Act

3 (42 U.S.C. 1751 et seq.); and

4 (B) is served by a local educational agency

5 identified by the State educational agency in

6 the application described in subsection (c)(2).

7 (4) INSTITUTION OF HIGHER EDUCATION.—The

8 term ‘‘institution of higher education’’ has the

9 meaning given the term in section 101(a) of the

10 Higher Education Act of 1965 (20 U.S.C. 1001(a)).

11 (5) LOCAL EDUCATIONAL AGENCY.—The term

12 ‘‘local educational agency’’ has the meaning given

13 the term in section 9101 of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 7801).

15 (6) HIGH-NEED LOCAL EDUCATIONAL AGEN16 CY.—The term high-need local educational agency

17 means a local educational agency (as defined in sec18 tion 9101 of the Elementary and Secondary Edu19 cation Act of 1965)—

20 (A) that serves not less than 10,000 chil21 dren from low-income families;

22 (B) for which not less than 20 percent of

23 the children served by the agency are children

24 from low-income families; or
†

168

S 761 ES

1 (C) with a total of not less than 600 stu2 dents in average daily attendance at the schools

3 that are served by the agency, and all of whose

4 schools are designated with a school locale code

5 of 6, 7, or 8 as determined by the Secretary of

6 Education.

7 (7) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of Education.

9 (8) STATE.—The term ‘‘State’’ means each of

10 the several States of the United States, the District

11 of Columbia, the Commonwealth of Puerto Rico,

12 Guam, American Samoa, the United States Virgin

13 Islands, the Commonwealth of the Northern Mar14 iana Islands, the Republic of the Marshall Islands,

15 the Federated States of Micronesia, and the Repub16 lic of Palau.

17 (9) STATE EDUCATIONAL AGENCY.—The term

18 ‘‘State educational agency’’ has the meaning given

19 the term in section 9101 of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 7801).

21 (c) DEMONSTRATION GRANT PROGRAM.—

22 (1) PROGRAM AUTHORIZED.—

23 (A) IN GENERAL.—From the funds appro24 priated under subsection (f) for a fiscal year,

25 the Secretary shall carry out a demonstration
†

169

S 761 ES

1 grant program in which the Secretary awards

2 grants, on a competitive basis, to State edu3 cational agencies to enable the State edu4 cational agencies to pay the Federal share of

5 summer learning grants for eligible students.

6 (B) NUMBER OF GRANTS.—For each fiscal

7 year, the Secretary shall award not more than

8 5 grants under this section.

9 (2) APPLICATION.—A State educational agency

10 that desires to receive a grant under this section

11 shall submit an application to the Secretary at such

12 time, in such manner, and accompanied by such in13 formation as the Secretary may require. Such appli14 cation shall identify the areas in the State where the

15 summer learning grant program will be offered and

16 the local educational agencies that serve such areas.

17 (3) AWARD BASIS.—

18 (A) SPECIAL CONSIDERATION.—In award19 ing grants under this section, the Secretary

20 shall give special consideration to a State edu21 cational agency that agrees, to the extent pos22 sible, to enter into agreements with eligible en23 tities that are consortia described in subsection

24 (b)(2)(B)(iii) and that proposes to target serv25 ices to children in grades K–8.
†

170

S 761 ES

1 (B) GEOGRAPHIC DISTRIBUTION.—In

2 awarding grants under this section, the Sec3 retary shall take into consideration an equitable

4 geographic distribution of the grants.

5 (d) SUMMER LEARNING GRANTS.—

6 (1) USE OF GRANTS FOR SUMMER LEARNING

7 GRANTS.—

8 (A) IN GENERAL.—Each State educational

9 agency that receives a grant under subsection

10 (c) for a fiscal year shall use the grant funds

11 to provide summer learning grants for the fiscal

12 year to eligible students in the State who desire

13 to attend a summer learning opportunity of14 fered by an eligible entity that enters into an

15 agreement with the State educational agency

16 under paragraph (4)(A).

17 (B) AMOUNT; FEDERAL AND NON-FED18 ERAL SHARES.—

19 (i) AMOUNT.—The amount of a sum20 mer learning grant provided under this

21 section shall be—

22 (I) for each of the fiscal years

23 2008 through 2011, $1,600; and

24 (II) for fiscal year 2012, $1,800.
†

171

S 761 ES

1 (ii) FEDERAL SHARE.—The Federal

2 share of each summer learning grant shall

3 be not more than 50 percent of the amount

4 of the summer learning grant determined

5 under clause (i).

6 (iii) NON-FEDERAL SHARE.—The non7 Federal share of each summer learning

8 grant shall be not less than 50 percent of

9 the amount of the summer learning grant

10 determined under clause (i), and shall be

11 provided from non-Federal sources.

12 (2) DESIGNATION OF SUMMER SCHOLARS.—Eli13 gible students who receive summer learning grants

14 under this section shall be known as ‘‘summer schol15 ars’’.

16 (3) SELECTION OF SUMMER LEARNING OPPOR17 TUNITY.—

18 (A) DISSEMINATION OF INFORMATION.—A

19 State educational agency that receives a grant

20 under subsection (c) shall disseminate informa21 tion about summer learning opportunities and

22 summer learning grants to the families of eligi23 ble students in the State.

24 (B) APPLICATION.—The parents of an eli25 gible student who are interested in having their
†

172

S 761 ES

1 child participate in a summer learning oppor2 tunity and receive a summer learning grant

3 shall submit an application to the State edu4 cational agency that includes a ranked list of

5 preferred summer learning opportunities.

6 (C) PROCESS.—A State educational agency

7 that receives an application under subparagraph

8 (B) shall—

9 (i) process such application;

10 (ii) determine whether the eligible stu11 dent shall receive a summer learning

12 grant;

13 (iii) coordinate the assignment of eli14 gible students receiving summer learning

15 grants with summer learning opportunities;

16 and

17 (iv) if demand for a summer learning

18 opportunity exceeds capacity, the State

19 educational agency shall prioritize applica20 tions to low-achieving eligible students.

21 (D) FLEXIBILITY.—A State educational

22 agency may assign a summer scholar to a sum23 mer learning opportunity program that is of24 fered in an area served by a local educational
†

173

S 761 ES

1 agency that is not the local educational agency

2 serving the area where such scholar resides.

3 (E) REQUIREMENT OF ACCEPTANCE.—An

4 eligible entity shall accept, enroll, and provide

5 the summer learning opportunity of such entity

6 to, any summer scholar assigned to such sum7 mer learning opportunity by a State educational

8 agency pursuant to this subsection.

9 (4) AGREEMENT WITH ELIGIBLE ENTITY.—

10 (A) IN GENERAL.—A State educational

11 agency shall enter into an agreement with one

12 or more eligible entities offering a summer

13 learning opportunity, under which—

14 (i) the State educational agency shall

15 agree to make payments to the eligible en16 tity, in accordance with subparagraph (B),

17 for a summer scholar; and

18 (ii) the eligible entity shall agree to

19 provide the summer scholar with a summer

20 learning opportunity that—

21 (I) provides a total of not less

22 than the equivalent of 30 full days of

23 instruction (or not less than the

24 equivalent of 25 full days of instruc25 tion, if the equivalent of an additional
†

174

S 761 ES

1 5 days is devoted to field trips or

2 other enrichment opportunities) to the

3 summer scholar;

4 (II) employs small-group, re5 search-based educational programs,

6 materials, curricula, and practices;

7 (III) provides a curriculum

8 that—

9 (aa) emphasizes mathe10 matics, technology, engineering,

11 and problem-solving through ex12 periential learning opportunities;

13 (bb) is primarily designed to

14 increase the numeracy and prob15 lem-solving skills of the summer

16 scholar; and

17 (cc) is aligned with State

18 academic content standards and

19 goals of the local educational

20 agency serving the summer schol21 ar;

22 (IV) measures student progress

23 to determine the gains made by sum24 mer scholars in the summer learning

25 opportunity, and disaggregates the re-
†

175

S 761 ES

1 sults of such progress for summer

2 scholars by race and ethnicity, eco3 nomic status, limited English pro4 ficiency status, and disability status,

5 in order to determine the oppor6 tunity’s impact on each subgroup of

7 summer scholars;

8 (V) collects daily attendance data

9 on each summer scholar;

10 (VI) provides professional devel11 opment opportunities for teachers to

12 improve their practice in teaching

13 numeracy, and in integrating problem14 solving techniques into the cur15 riculum; and

16 (VII) meets all applicable Fed17 eral, State, and local civil rights laws.

18 (B) AMOUNT OF PAYMENT.—

19 (i) IN GENERAL.—Except as provided

20 in clause (ii), a State educational agency

21 shall make a payment to an eligible entity

22 for a summer scholar in the amount deter23 mined under paragraph (1)(B)(i).

24 (ii) ADJUSTMENT.—In the case in

25 which a summer scholar does not attend
†

176

S 761 ES

1 the full summer learning opportunity, the

2 State educational agency shall reduce the

3 amount provided to the eligible entity pur4 suant to clause (i) by a percentage that is

5 equal to the percentage of the summer

6 learning opportunity not attended by such

7 scholar.

8 (5) ADMINISTRATIVE COSTS.—A State edu9 cational agency or eligible entity receiving funding

10 under this section may use not more than 5 percent

11 of such funding for administrative costs associated

12 with carrying out this section.

13 (e) EVALUATIONS; REPORT; WEBSITE.—

14 (1) EVALUATION AND ASSESSMENT.—For each

15 year that an eligible entity enters into an agreement

16 under subsection (d)(4), the eligible entity shall pre17 pare and submit to the Secretary a report on the ac18 tivities and outcomes of each summer learning op19 portunity that enrolled a summer scholar,

20 including—

21 (A) information on the design of the sum22 mer learning opportunity;

23 (B) the alignment of the summer learning

24 opportunity with State standards; and
†

177

S 761 ES

1 (C) data from assessments of student

2 mathematics and problem-solving skills for the

3 summer scholars and on the attendance of the

4 scholars, disaggregated by the subgroups de5 scribed in subsection (d)(4)(A)(ii)(IV).

6 (2) REPORT.—For each year funds are appro7 priated under subsection (f) for this section, the Sec8 retary shall prepare and submit a report to the

9 HELP Committee of the Senate and the Education

10 and Labor Committee of the House on the summer

11 learning grant programs, including the effectiveness

12 of the summer learning opportunities in improving

13 student achievement and learning.

14 (3) SUMMER LEARNING GRANTS WEBSITE.—

15 The Secretary shall make accessible, on the Depart16 ment of Education website, information for parents

17 and school personnel on successful programs and

18 curricula, and best practices, for summer learning

19 opportunities.

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to carry out this section

22 such sums as may be necessary for fiscal year 2008

23 through fiscal year 2012.
†

178

S 761 ES

1 SEC. 3203. MATH SKILLS FOR SECONDARY SCHOOL STU2 DENTS.

3 (a) The purposes of this section are—

4 (1) to provide assistance to State educational

5 agencies and local educational agencies in imple6 menting effective research-based mathematics pro7 grams for students in secondary schools, including

8 students with disabilities and students with limited

9 English proficiency;

10 (2) to improve instruction in mathematics for

11 students in secondary school through the implemen12 tation of mathematics programs and the support of

13 comprehensive mathematics initiatives that are

14 based on the best available evidence of effectiveness;

15 (3) to provide targeted help to low-income stu16 dents who are struggling with mathematics and

17 whose achievement is significantly below grade level;

18 and

19 (4) to provide in-service training for mathe20 matics coaches who can assist secondary school

21 teachers to utilize research-based mathematics in22 struction to develop and improve students’ mathe23 matical abilities and knowledge, and assist teachers

24 in assessing and improving student academic

25 achievement.

26 (b) DEFINITIONS.—In this section:
†

179

S 761 ES

1 (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

2 The term ‘‘eligible local educational agency’’ means

3 a local educational agency that is eligible to receive

4 funds, and that is receiving funds, under part A of

5 title I of the Elementary and Secondary Education

6 Act of 1965 (20 U.S.C. 6311 et seq.).

7 (2) MATHEMATICS COACH.—The term ‘‘mathe8 matics coach’’ means a certified or licensed teacher,

9 with a demonstrated effectiveness in teaching mathe10 matics to students with specialized needs in mathe11 matics and improving student academic achievement

12 in mathematics, a command of mathematical content

13 knowledge, and the ability to work with classroom

14 teachers to improve the teachers’ instructional tech15 niques to support mathematics improvement, who

16 works on site at a school—

17 (A) to train teachers to better assess stu18 dent learning in mathematics;

19 (B) to train teachers to assess students’

20 mathematics skills and identify students who

21 need remediation; and

22 (C) to provide or assess remedial mathe23 matics instruction, including for—

24 (i) students in after-school and sum25 mer school programs;
†

180

S 761 ES

1 (ii) students requiring additional in2 struction;

3 (iii) students with disabilities; and

4 (iv) students with limited English pro5 ficiency.

6 (3) SECONDARY SCHOOL.—The term ‘‘sec7 ondary school’’ means a school that provides sec8 ondary education, as determined under State law.

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

10 the Secretary of Education.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this section

13 such sums as be necessary for fiscal year 2008 and each

14 of the 3 succeeding fiscal years.

15 (d) GRANTS AUTHORIZED.—

16 (1) IN GENERAL.—From funds appropriated

17 under subsection (c) for a fiscal year, the Secretary

18 shall establish a program, in accordance with the re19 quirements of this section, that will provide grants

20 on a competitive basis to State educational agencies

21 to award grants and subgrants to eligible local edu22 cational agencies for the purpose of establishing

23 mathematics programs to improve the overall mathe24 matics performance of secondary school students in

25 the State.
†

181

S 761 ES

1 (2) LENGTH OF GRANT.—A grant to a State

2 educational agency under this section shall be

3 awarded for a period of 4 years.

4 (e) RESERVATION OF FUNDS BY THE SECRETARY.—

5 From amounts appropriated under subsection (c) for a fis6 cal year, the Secretary may reserve—

7 (1) not more than 3 percent of such amounts

8 to fund national activities in support of the pro9 grams assisted under this section, such as research

10 and dissemination of best practices, except that the

11 Secretary may not use the reserved funds to award

12 grants directly to local educational agencies; and

(2) not more than 1 13 ⁄2 of 1 percent of such

14 amounts for the Bureau of Indian Education of the

15 Department of the Interior to carry out the services

16 and activities described in subsection (l)(3) for In17 dian children.

18 (f) GRANT FORMULAS.—

19 (1) COMPETITIVE GRANTS TO STATE EDU20 CATIONAL AGENCIES.—From amounts appropriated

21 under subsection (c) and not reserved under sub22 section (e), the Secretary shall award grants, on a

23 competitive basis, to State educational agencies to

24 enable the State educational agencies to provide sub25 grants to eligible local educational agencies to estab-
†

182

S 761 ES

1 lish mathematics programs for the purpose of im2 proving overall mathematics performance among stu3 dents in secondary school in the State.

4 (2) MINIMUM GRANT.—The Secretary shall en5 sure that the minimum grant made to any state edu6 cational agency under this section shall be not less

7 than $500,000.

8 (g) APPLICATIONS.—

9 (1) IN GENERAL.—In order to receive a grant

10 under this section, a State educational agency shall

11 submit an application to the Secretary at such time,

12 in such manner, and accompanied by such informa13 tion as the Secretary may require. Each such appli14 cation shall meet the following conditions:

15 (A) A State educational agency shall not

16 include the application for assistance under this

17 section in a consolidated application submitted

18 under section 9302 of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C.

20 7842).

21 (B) The State educational agency’s appli22 cation shall include assurances that such appli23 cation and any technical assistance provided by

24 the State will be guided by a peer review team,

25 which shall consist of—
†

183

S 761 ES

1 (i) researchers with expertise in the

2 pedagogy of mathematics;

3 (ii) mathematicians; and

4 (iii) mathematics educators serving

5 high-risk, high-achievement schools and eli6 gible local educational agencies.

7 (C) The State educational agency will par8 ticipate, if requested, in any evaluation of the

9 State educational agency’s program under this

10 section.

11 (D) The State educational agency’s appli12 cation shall include a program plan that con13 tains a description of the following:

14 (i) How the State educational agency

15 will assist eligible local educational agen16 cies in implementing subgrants, including

17 providing ongoing professional development

18 for mathematics coaches, teachers, para19 professionals, and administrators.

20 (ii) How the State educational agency

21 will help eligible local educational agencies

22 identify high-quality screening, diagnostic,

23 and classroom-based instructional mathe24 matics assessments.
†

184

S 761 ES

1 (iii) How the State educational agency

2 will help eligible local educational agencies

3 identify high-quality research-based mathe4 matics materials and programs.

5 (iv) How the State educational agency

6 will help eligible local educational agencies

7 identify appropriate and effective mate8 rials, programs, and assessments for stu9 dents with disabilities and students with

10 limited English proficiency.

11 (v) How the State educational agency

12 will ensure that professional development

13 funded under this section—

14 (I) is based on mathematics re15 search;

16 (II) will effectively improve in17 structional practices for mathematics

18 for secondary school students;

19 (III) will improve student aca20 demic achievement in mathematics;

21 and

22 (IV) is coordinated with profes23 sional development activities funded

24 through other programs, including

25 section 2113 of the Elementary and
†

185

S 761 ES

1 Secondary Education Act of 1965 (20

2 U.S.C. 6613).

3 (vi) How funded activities will help

4 teachers and other instructional staff to

5 implement research-based components of

6 mathematics instruction and improve stu7 dent academic achievement.

8 (vii) The subgrant process the State

9 educational agency will use to ensure that

10 eligible local educational agencies receiving

11 subgrants implement programs and prac12 tices based on mathematics research.

13 (viii) How the State educational agen14 cy will build on and promote coordination

15 among mathematics programs in the State

16 to increase overall effectiveness in improv17 ing mathematics instruction and student

18 academic achievement, including for stu19 dents with disabilities and students with

20 limited English proficiency.

21 (ix) How the State educational agency

22 will regularly assess and evaluate the effec23 tiveness of the eligible local educational

24 agency activities funded under this section.
†

186

S 761 ES

1 (h) STATE USE OF FUNDS.—Each State educational

2 agency receiving a grant under this section shall—

3 (1) establish a peer review team comprised of

4 researchers with expertise in the pedagogy of mathe5 matics, mathematicians, and mathematics educators

6 from high-risk, high-achievement schools, to provide

7 guidance to eligible local educational agencies in se8 lecting or developing and implementing appropriate,

9 research-based mathematics programs for secondary

10 school students;

11 (2) use 80 percent of the grant funds received

12 under this section for a fiscal year to fund high13 quality applications for subgrants to eligible local

14 educational agencies having applications approved

15 under subsection (l); and

16 (3) use 20 percent of the grant funds received

17 under this section—

18 (A) to carry out State-level activities de19 scribed in the application submitted under sub20 section (g);

21 (B) to provide—

22 (i) technical assistance to eligible local

23 educational agencies; and
†

187

S 761 ES

1 (ii) high-quality professional develop2 ment to teachers and mathematics coaches

3 in the State;

4 (C) to oversee and evaluate subgrant serv5 ices and activities undertaken by the eligible

6 local educational agencies as described in sub7 section (l)(3); and

8 (D) for administrative costs, of which not

9 more than 5 percent of the grant funds may be

10 used for planning, administration, and report11 ing.

12 (i) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL

13 AGENCIES.—Each State educational agency receiving a

14 grant under this section shall provide notice to all eligible

15 local educational agencies in the State about the avail16 ability of subgrants under this section.

17 (j) PROHIBITIONS.—

18 (1) IN GENERAL.—In implementing this sec19 tion, the Secretary shall not—

20 (A) endorse, approve, or sanction any

21 mathematics curriculum designed for use in any

22 school; or

23 (B) engage in oversight, technical assist24 ance, or activities that will require the adoption

25 of a specific mathematics program or instruc-
†

188

S 761 ES

1 tional materials by a State, local educational

2 agency, or school.

3 (2) CONFLICT OF INTEREST.—Any federal em4 ployee, contractor, or subcontractor involved in the

5 administration, implementation, or provision of over6 sight or technical assistance duties or activities

7 under this section shall—

8 (A) disclose to the Secretary any financial

9 ties to publishers, entities, private individuals,

10 or organizations that will benefit from funds

11 provided under this section; and

12 (B) be prohibited from maintaining signifi13 cant financial interests in areas directly related

14 to duties or activities under this section, unless

15 granted a waiver by the Secretary.

16 (3) REPORTING.—The Secretary shall report

17 annually to the Committee on Health, Education,

18 Labor, and Pensions of the Senate, and the Com19 mittee on Education and Labor of the House of

20 Representatives, on each of the waivers granted

21 under paragraph (2)(B).

22 (4) RULE OF CONSTRUCTION.—Nothing in this

23 section shall be construed to authorize or permit the

24 Secretary, Department of Education, or a Depart25 ment of Education contractor, to mandate, direct,
†

189

S 761 ES

1 control, or suggest the selection of a mathematics

2 curriculum, supplemental instructional materials, or

3 program of instruction by a State, local educational

4 agency, or school.

5 (k) SUPPLEMENT NOT SUPPLANT.—Each State edu6 cational agency receiving a grant under this section shall

7 use the grant funds to supplement, not supplant, State

8 funding for activities authorized under this section or for

9 other educational activities.

10 (l) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL

11 AGENCIES.—

12 (1) APPLICATION.—

13 (A) IN GENERAL.—Each eligible local edu14 cational agency desiring a subgrant under this

15 subsection shall submit an application to the

16 State educational agency in the form and ac17 cording to the schedule established by the State

18 educational agency.

19 (B) CONTENTS.—In addition to any infor20 mation required by the State educational agen21 cy, each application under paragraph (1) shall

22 demonstrate how the eligible local educational

23 agency will carry out the following required ac24 tivities:
†

190

S 761 ES

1 (i) Development or selection and im2 plementation of research-based mathe3 matics assessments.

4 (ii) Development or selection and im5 plementation of research-based mathe6 matics programs, including programs for

7 students with disabilities and students with

8 limited English proficiency.

9 (iii) Selection of instructional mate10 rials based on mathematics research.

11 (iv) High-quality professional develop12 ment for mathematics coaches and teach13 ers based on mathematics research.

14 (v) Evaluation and assessment strate15 gies.

16 (vi) Reporting.

17 (vii) Providing access to research18 based mathematics materials.

19 (C) CONSORTIA.—Consistent with State

20 law, an eligible local educational agency may

21 apply to the State educational agency for a

22 subgrant as a member of a consortium of local

23 educational agencies if each member of the con24 sortium is an eligible local educational agency.

25 (2) AWARD BASIS.—
†

191

S 761 ES

1 (A) PRIORITY.—A State educational agen2 cy awarding subgrants under this subsection

3 shall give priority to eligible local educational

4 agencies that—

5 (i) are among the local educational

6 agencies in the State with the lowest grad7 uation rates, as described in section

8 1111(b)(2)(C)(vi) of the Elementary and

9 Secondary Education Act of 1965 (20

10 U.S.C. 6311(b)(2)(C)(vi)); and

11 (ii) have the highest number or per12 centage of students who are counted under

13 section 1124(c) of the Elementary and

14 Secondary Education Act of 1965 (20

15 U.S.C. 6333(c)).

16 (B) AMOUNT OF GRANTS.—Subgrants

17 under this subsection shall be of sufficient size

18 and scope to enable eligible local educational

19 agencies to fully implement activities assisted

20 under this subsection.

21 (3) LOCAL USE OF FUNDS.—Each eligible local

22 educational agency receiving a subgrant under this

23 subsection shall use the subgrant funds to carry out,

24 at the secondary school level, the following services

25 and activities:
†

192

S 761 ES

1 (A) Hiring mathematics coaches and pro2 viding professional development for mathe3 matics coaches—

4 (i) at a level to provide effective

5 coaching to classroom teachers;

6 (ii) to work with classroom teachers to

7 better assess student academic achieve8 ment in mathematics;

9 (iii) to work with classroom teachers

10 to identify students with mathematics

11 problems and, where appropriate, refer

12 students to available programs for remedi13 ation and additional services;

14 (iv) to work with classroom teachers

15 to diagnose and remediate mathematics

16 difficulties of the lowest-performing stu17 dents, so that those teachers can provide

18 intensive, research-based instruction, in19 cluding during after-school and summer

20 sessions, geared toward ensuring that

21 those students can access and be successful

22 in rigorous academic coursework; and

23 (v) to assess and organize student

24 data on mathematics and communicate
†

193

S 761 ES

1 that data to school administrators to in2 form school reform efforts.

3 (B) Reviewing, analyzing, developing, and,

4 where possible, adapting curricula to make sure

5 mathematics skills are taught within other core

6 academic subjects.

7 (C) Providing mathematics professional de8 velopment for all relevant teachers in secondary

9 school, as necessary, that addresses both reme10 dial and higher level mathematics skills for stu11 dents in the applicable curriculum.

12 (D) Providing professional development for

13 teachers, administrators, and paraprofessionals

14 serving secondary schools to help the teachers,

15 administrators, and paraprofessionals improve

16 student academic achievement in mathematics.

17 (E) Procuring and implementing programs

18 and instructional materials based on mathe19 matics research, including software and other

20 education technology related to mathematics in21 struction with demonstrated effectiveness in im22 proving mathematics instruction and student

23 academic achievement.

24 (F) Building on and promoting coordina25 tion among mathematics programs in the eligi-
†

194

S 761 ES

1 ble local educational agency to increase overall

2 effectiveness in—

3 (i) improving mathematics instruction;

4 and

5 (ii) increasing student academic

6 achievement, including for students with

7 disabilities and students with limited

8 English proficiency.

9 (G) Evaluating the effectiveness of the in10 structional strategies, teacher professional de11 velopment programs, and other interventions

12 that are implemented under the subgrant; and

13 (H) Measuring improvement in student

14 academic achievement, including through

15 progress monitoring or other assessments.

16 (4) SUPPLEMENT NOT SUPPLANT.—Each eligi17 ble local educational agency receiving a subgrant

18 under this subsection shall use the subgrant funds

19 to supplement, not supplant, the eligible local edu20 cational agency’s funding for activities authorized

21 under this section or for other educational activities.

22 (5) NEW SERVICES AND ACTIVITIES.—Subgrant

23 funds provided under this subsection may be used

24 only to provide services and activities authorized
†

195

S 761 ES

1 under this section that were not provided on the day

2 before the date of enactment of this Act.

3 (6) EVALUATIONS.—Each eligible local edu4 cational agency receiving a grant under this sub5 section shall participate, as requested by the State

6 educational agency or the Secretary, in reviews and

7 evaluations of the programs of the eligible local edu8 cational agency and the effectiveness of such pro9 grams, and shall provide such reports as are re10 quested by the State educational agency and the

11 Secretary.

12 (m) MATCHING REQUIREMENTS.—

13 (1) STATE EDUCATIONAL AGENCY REQUIRE14 MENTS.—A State educational agency that receives a

15 grant under this section shall provide, from non16 Federal sources, an amount equal to 50 percent of

17 the amount of the grant, in cash or in-kind, to carry

18 out the activities supported by the grant, of which

19 not more than 20 percent of such 50 percent may

20 be provided by local educational agencies within the

21 State.

22 (2) WAIVER.—The Secretary may waive all or

23 a portion of the matching requirements described in

24 paragraph (1) for any fiscal year, if the Secretary

25 determines that—
†

196

S 761 ES

1 (A) the application of the matching re2 quirement will result in serious hardship for the

3 State educational agency; or

4 (B) providing a waiver best serves the pur5 pose of the program assisted under this section.

6 (n) PROGRAM PERFORMANCE AND ACCOUNT7 ABILITY.—

8 (1) INFORMATION.—Each State educational

9 agency receiving a grant under this section shall col10 lect and report to the Secretary annually such infor11 mation on the results of the grant as the Secretary

12 may reasonably require, including information on—

13 (A) mathematics achievement data that

14 show the progress of students participating in

15 projects under this section (including, to the ex16 tent practicable, comparable data from students

17 not participating in such projects), based pri18 marily on the results of State, school district19 wide, or classroom-based monitoring reports or

20 assessments, including—

21 (i) specific identification of those

22 schools and eligible local educational agen23 cies that report the largest gains in mathe24 matics achievement; and
†

197

S 761 ES

1 (ii) evidence on whether the State

2 educational agency and eligible local edu3 cational agencies within the State have—

4 (I) significantly increased the

5 number of students achieving at the

6 proficient or advanced level on the

7 State student academic achievement

8 standards in mathematics under sec9 tion 1111(b)(1)(D)(ii) of the Elemen10 tary and Secondary Education Act of

11 1965 (20 U.S.C. 6311(b)(1)(D)(ii));

12 (II) significantly increased the

13 percentages of students described in

14 section 1111(b)(2)(C)(v)(II) of the El15 ementary and Secondary Education

16 Act of 1965 (20 U.S.C.

17 6311(b)(2)(C)(v)(II)) who are achiev18 ing proficiency or advanced levels on

19 such State academic content stand20 ards in mathematics;

21 (III) significantly increased the

22 number of students making significant

23 progress toward meeting such State

24 academic content and achievement

25 standards in mathematics; and
†

198

S 761 ES

1 (IV) successfully implemented

2 this section;

3 (B) the percentage of students in the

4 schools served by the eligible local educational

5 agency who enroll in advanced mathematics

6 courses in grades 9 through 12, including the

7 percentage of such students who pass such

8 courses; and

9 (C) the progress made in increasing the

10 quality and accessibility of professional develop11 ment and leadership activities in mathematics,

12 especially activities resulting in greater content

13 knowledge and expertise of teachers, adminis14 trators, and other school staff, except that the

15 Secretary shall not require such information

16 until after the third year of a grant awarded

17 under this section.

18 (2) REPORTING AND DISAGGREGATION.—The

19 information required under paragraph (1) shall be—

20 (A) reported in a manner that allows for a

21 comparison of aggregated score differentials of

22 student academic achievement before (to the ex23 tent feasible) and after implementation of the

24 project assisted under this section; and
†

199

S 761 ES

1 (B) disaggregated in the same manner as

2 information is disaggregated under section

3 1111(h)(1)(C)(i) of the Elementary and Sec4 ondary Education Act of 1965 (20 U.S.C.

5 6311(h)(1)(C)(i)).

6 TITLE III—FOREIGN LANGUAGE

7 PARTNERSHIP PROGRAM

8 SEC. 3301. FINDINGS AND PURPOSE.

9 (a) FINDINGS.—Congress makes the following find10 ings:

11 (1) The United States faces a shortage of

12 skilled professionals with higher levels of proficiency

13 in foreign languages and area knowledge critical to

14 the Nation’s security.

15 (2) Given the Nation’s economic competitive16 ness interests, it is crucial that our Nation expand

17 the number of Americans who are able to function

18 effectively in the environments in which critical for19 eign languages are spoken.

20 (3) Students’ ability to become proficient in for21 eign languages can be addressed by starting lan22 guage learning at a younger age and expanding op23 portunities for continuous foreign language edu24 cation from elementary school through postsec25 ondary education.
†

200

S 761 ES

1 (b) PURPOSE.—The purpose of this title is to signifi2 cantly increase—

3 (1) the opportunities to study critical foreign

4 languages and the context in which the critical for5 eign languages are spoken; and

6 (2) the number of American students who

7 achieve the highest level of proficiency in critical for8 eign languages.

9 SEC. 3302. DEFINITIONS.

10 In this title:

11 (1) ELIGIBLE RECIPIENT.—The term ‘‘eligible

12 recipient’’ means an institution of higher education

13 that receives grant funds under this title on behalf

14 of a partnership for use in carrying out the activities

15 assisted under this title.

16 (2) PARTNERSHIP.—The term ‘‘partnership’’

17 means a partnership that—

18 (A) shall include—

19 (i) an institution of higher education;

20 and

21 (ii) 1 or more local educational agen22 cies; and

23 (B) may include 1 or more entities that

24 support the purposes of this title.
†

201

S 761 ES

1 (3) SUPERIOR LEVEL OF PROFICIENCY.—The

2 term ‘‘superior level of proficiency’’ means level 3,

3 the professional working level, as measured by the

4 Federal Interagency Language Roundtable (ILR) or

5 by other generally recognized measures of superior

6 standards.

7 SEC. 3303. PROGRAM AUTHORIZED.

8 (a) PROGRAM AUTHORIZED.—

9 (1) IN GENERAL.—The Secretary is authorized

10 to award grants to eligible recipients to enable part11 nerships served by the eligible recipients to establish

12 articulated programs of study in critical foreign lan13 guages that will enable students to advance success14 fully from elementary school through postsecondary

15 education and achieve higher levels of proficiency in

16 a critical foreign language.

17 (2) DURATION.—A grant awarded under para18 graph (1) shall be for a period of not more than 5

19 years. A grant may be renewed for not more than

20 2 additional 5-year periods, if the Secretary deter21 mines that the partnership’s program is effective

22 and the renewal will best serve the purposes of this

23 title.

24 (b) APPLICATIONS.—
†

202

S 761 ES

1 (1) IN GENERAL.—Each eligible recipient desir2 ing a grant under this section shall submit an appli3 cation to the Secretary at such time, in such man4 ner, and containing such information as the Sec5 retary may require.

6 (2) CONTENTS.—Each application shall—

7 (A) identify each local educational agency

8 partner, including contact information and let9 ters of commitment, and describe the respon10 sibilities of each member of the partnership,

11 including—

12 (i) how each of the partners will be in13 volved in planning, developing, and

14 implementing—

15 (I) program curriculum and ma16 terials; and

17 (II) teacher professional develop18 ment;

19 (ii) what resources each of the part20 ners will provide; and

21 (iii) how the partners will contribute

22 to ensuring the continuity of student

23 progress from elementary school through

24 the postsecondary level;
†

203

S 761 ES

1 (B) describe how an articulated curriculum

2 for students will be developed and implemented,

3 which may include the use and integration of

4 technology into such curriculum;

5 (C) identify target proficiency levels for

6 students at critical benchmarks (such as grades

7 4, 8, and 12), and describe how progress to8 ward those proficiency levels will be assessed at

9 the benchmarks, and how the program will use

10 the results of the assessments to ensure contin11 uous progress toward achieving a superior level

12 of proficiency at the postsecondary level;

13 (D) describe how the partnership will—

14 (i) ensure that students from a pro15 gram assisted under this title who are be16 ginning postsecondary education will be as17 sessed and enabled to progress to a supe18 rior level of proficiency;

19 (ii) address the needs of students al20 ready at, or near, the superior level of pro21 ficiency, which may include diagnostic as22 sessments for placement purposes, cus23 tomized and individualized language learn24 ing opportunities, and experimental and

25 interdisciplinary language learning; and
†

204

S 761 ES

1 (iii) identify and describe how the

2 partnership will work with institutions of

3 higher education outside the partnership to

4 provide participating students with mul5 tiple options for postsecondary education

6 consistent with the purposes of this title;

7 (E) describe how the partnership will sup8 port and continue the program after the grant

9 has expired, including how the partnership will

10 seek support from other sources, such as State

11 and local governments, foundations, and the

12 private sector; and

13 (F) describe what assessments will be used

14 or, if assessments not available, how assess15 ments will be developed.

16 (c) USES OF FUNDS.—Grant funds awarded under

17 this title—

18 (1) shall be used to develop and implement pro19 grams at the elementary school level through post20 secondary education, consistent with the purpose of

21 this title, including—

22 (A) the development of curriculum and in23 structional materials; and

24 (B) recruitment of students; and

25 (2) may be used for—
†

205

S 761 ES

1 (A) teacher recruitment (including recruit2 ment from other professions and recruitment of

3 native-language speakers in the community)

4 and professional development directly related to

5 the purposes of this title at the elementary

6 school through secondary school levels;

7 (B) development of appropriate assess8 ments;

9 (C) opportunities for maximum language

10 exposure for students in the program, such as

11 the creation of immersion environments (such

12 as language houses, language tables, immersion

13 classrooms, and weekend and summer experi14 ences) and special tutoring and academic sup15 port;

16 (D) dual language immersion programs;

17 (E) scholarships and study-abroad oppor18 tunities, related to the program, for postsec19 ondary students and newly recruited teachers

20 who have advanced levels of proficiency in a

21 critical foreign language, except that not more

22 than 20 percent of the grant funds provided to

23 an eligible recipient under this section for a fis24 cal year may be used to carry out this subpara25 graph;
†

206

S 761 ES

1 (F) activities to encourage community in2 volvement to assist in meeting the purposes of

3 this title;

4 (G) summer institutes for students and

5 teachers;

6 (H) bridge programs that allow dual en7 rollment for secondary school students in insti8 tutions of higher education;

9 (I) programs that expand the under10 standing and knowledge of historic, geographic,

11 and contextual factors within countries with

12 populations who speak critical foreign lan13 guages, if such programs are carried out in con14 junction with language instruction;

15 (J) research on, and evaluation of, the

16 teaching of critical foreign languages;

17 (K) data collection and analysis regarding

18 the results of—

19 (i) various student recruitment strate20 gies;

21 (ii) program design; and

22 (iii) curricular approaches;

23 (L) the impact of the strategies, program

24 design, and curricular approaches described in

25 subparagraph (K) on increasing—
†

207

S 761 ES

1 (i) the number of students studying

2 critical foreign languages; and

3 (ii) the proficiency of the students in

4 the critical foreign languages; and

5 (M) distance learning projects for critical

6 foreign language learning.

7 (d) MATCHING REQUIREMENT.—

8 (1) IN GENERAL.—An eligible recipient that re9 ceives a grant under this title shall provide, toward

10 the cost of carrying out the activities supported by

11 the grant, from non-Federal sources, an amount

12 equal to—

13 (A) 20 percent of the amount of the grant

14 payment for the first fiscal year for which a

15 grant payment is made;

16 (B) 30 percent of the amount of the grant

17 payment for the second such fiscal year;

18 (C) 40 percent of the amount of the grant

19 payment for the third such fiscal year; and

20 (D) 50 percent of the amount of the grant

21 payment for each of the fourth and fifth such

22 fiscal years.

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

24 share required under paragraph (1) may be provided

25 in cash or in-kind.
†

208

S 761 ES

1 (3) WAIVER.—The Secretary may waive all or

2 part of the matching requirement of paragraph (1),

3 for any fiscal year, if the Secretary determines

4 that—

5 (A) the application of the matching re6 quirement will result in serious hardship for the

7 partnership; or

8 (B) the waiver will best serve the purposes

9 of this title.

10 (e) SUPPLEMENT NOT SUPPLANT.—Grant funds

11 provided under this title shall be used to supplement, not

12 supplant, other Federal and non-Federal funds available

13 to carry out the activities described in subsection (c).

14 (f) TECHNICAL ASSISTANCE.—The Secretary shall

15 enter into a contract to establish a technical assistance

16 center to provide technical assistance to partnerships de17 veloping critical foreign language programs assisted under

18 this section. The center shall—

19 (1) assist the partnerships in the development

20 of critical foreign language instructional materials

21 and assessments; and

22 (2) disseminate promising foreign language in23 structional practices.

24 (g) PROGRAM EVALUATION.—
†

209

S 761 ES

1 (1) IN GENERAL.—The Secretary may reserve

2 not more than 5 percent of the total amount appro3 priated for this title for any fiscal year to annually

4 evaluate the programs under this title.

5 (2) REPORT.—The Secretary shall prepare and

6 annually submit, to the Committee on Health, Edu7 cation, Labor, and Pensions of the Senate, the Com8 mittee on Education and the Workforce of the

9 House of Representatives, and the Committees on

10 Appropriations of the Senate and House of Rep11 resentatives, a report on the results of any program

12 evaluation conducted under this subsection.

13 SEC. 3304. AUTHORIZATION OF APPROPRIATIONS.

14 For the purpose of carrying out this title, there are

15 authorized to be appropriated $22,000,000 for fiscal year

16 2008, and such sums as may be necessary for each of the

17 3 succeeding fiscal years.

18 TITLE IV—ALIGNMENT OF

19 EDUCATION PROGRAMS

20 SEC. 3401. ALIGNMENT OF SECONDARY SCHOOL GRADUA21 TION REQUIREMENTS WITH THE DEMANDS

22 OF 21ST CENTURY POSTSECONDARY ENDEAV23 ORS AND SUPPORT FOR P–16 EDUCATION

24 DATA SYSTEMS.

25 (a) PURPOSE.—It is the purpose of this section—
†

210

S 761 ES

1 (1) to promote more accountability with respect

2 to preparation for higher education, the 21st century

3 workforce, and the Armed Forces, by aligning—

4 (A) student knowledge, student skills,

5 State academic content standards and assess6 ments, and curricula, in elementary and sec7 ondary education, especially with respect to

8 mathematics, science, reading, and, where ap9 plicable, engineering and technology; with

10 (B) the demands of higher education, the

11 21st century workforce, and the Armed Forces;

12 (2) to support the establishment or improve13 ment of statewide P–16 education data systems

14 that—

15 (A) assist States in improving the rigor

16 and quality of State academic content stand17 ards and assessments;

18 (B) ensure students are prepared to suc19 ceed in—

20 (i) academic credit-bearing coursework

21 in higher education without the need for

22 remediation;

23 (ii) the 21st century workforce; or

24 (iii) the Armed Forces; and
†

211

S 761 ES

1 (3) enable States to have valid and reliable in2 formation to inform education policy and practice.

3 (b) DEFINITIONS.—In this section:

4 (1) INSTITUTION OF HIGHER EDUCATION.—The

5 term ‘‘institution of higher education’’ has the

6 meaning given the term in section 101(a) of the

7 Higher Education Act of 1965 (20 U.S.C. 1001(a)).

8 (2) P–16 EDUCATION.—The term ‘‘P–16 edu9 cation’’ means the educational system from pre10 school through the conferring of a baccalaureate de11 gree.

12 (3) STATEWIDE PARTNERSHIP.—The term

13 ‘‘statewide partnership’’ means a partnership that—

14 (A) shall include—

15 (i) the Governor of the State or the

16 designee of the Governor;

17 (ii) the heads of the State systems for

18 public higher education, or, if such a posi19 tion does not exist, not less than 1 rep20 resentative of a public degree-granting in21 stitution of higher education;

22 (iii) a representative of the agencies in

23 the State that administer Federal or State24 funded early childhood education pro25 grams;
†

212

S 761 ES

1 (iv) not less than 1 representative of

2 a public community college;

3 (v) not less than 1 representative of a

4 technical school;

5 (vi) not less than 1 representative of

6 a public secondary school;

7 (vii) the chief State school officer;

8 (viii) the chief executive officer of the

9 State higher education coordinating board;

10 (ix) not less than 1 public elementary

11 school teacher employed in the State;

12 (x) not less than 1 early childhood ed13 ucator in the State;

14 (xi) not less than 1 public secondary

15 school teacher employed in the State;

16 (xii) not less than 1 representative of

17 the business community in the State; and

18 (xiii) not less than 1 member of the

19 Armed Forces; and

20 (B) may include other individuals or rep21 resentatives of other organizations, such as a

22 school administrator, a faculty member at an

23 institution of higher education, a member of a

24 civic or community organization, a representa25 tive from a private institution of higher edu-
†

213

S 761 ES

1 cation, a dean or similar representative of a

2 school of education at an institution of higher

3 education or a similar teacher certification or li4 censure program, or the State official respon5 sible for economic development.

6 (c) GRANTS AUTHORIZED.—The Secretary is author7 ized to award grants, on a competitive basis, to States to

8 enable each such State to work with a statewide

9 partnership—

10 (1) to promote better alignment of content

11 knowledge requirements for secondary school grad12 uation with the knowledge and skills needed to suc13 ceed in postsecondary education, the 21st century

14 workforce, or the Armed Forces; or

15 (2) to establish or improve a statewide P–16

16 education data system.

17 (d) PERIOD OF GRANTS; NON-RENEWABILITY.—

18 (1) GRANT PERIOD.—The Secretary shall

19 award a grant under this section for a period of not

20 more than 3 years.

21 (2) NON-RENEWABILITY.—The Secretary shall

22 not award a State more than 1 grant under this sec23 tion.

24 (e) AUTHORIZED ACTIVITIES.—
†

214

S 761 ES

1 (1) GRANTS FOR P–16 ALIGNMENT.—Each

2 State receiving a grant under subsection (c)(1)—

3 (A) shall use the grant funds for—

4 (i) identifying and describing the con5 tent knowledge and skills students who

6 enter institutions of higher education, the

7 workforce, and the Armed Forces need to

8 have in order to succeed without any reme9 diation based on detailed requirements ob10 tained from institutions of higher edu11 cation, employers, and the Armed Forces;

12 (ii) identifying and making changes

13 that need to be made to a State’s sec14 ondary school graduation requirements,

15 academic content standards, academic

16 achievement standards, and assessments

17 preceding graduation from secondary

18 school in order to align the requirements,

19 standards, and assessments with the

20 knowledge and skills necessary for success

21 in academic credit-bearing coursework in

22 postsecondary education, in the 21st cen23 tury workforce, and in the Armed Forces

24 without the need for remediation;
†

215

S 761 ES

1 (iii) convening stakeholders within the

2 State and creating a forum for identifying

3 and deliberating on education issues that—

4 (I) involve preschool through

5 grade 12 education, postsecondary

6 education, the 21st century workforce,

7 and the Armed Forces; and

8 (II) transcend any single system

9 of education’s ability to address; and

10 (iv) implementing activities designed

11 to ensure the enrollment of all elementary

12 school and secondary school students in

13 rigorous coursework, which may include—

14 (I) specifying the courses and

15 performance levels necessary for ac16 ceptance into institutions of higher

17 education; and

18 (II) developing or providing guid19 ance to local educational agencies

20 within the State on the adoption of

21 curricula and assessments aligned

22 with State academic content stand23 ards, which assessments may be used

24 as measures of student academic

25 achievement in secondary school as
†

216

S 761 ES

1 well as for entrance or placement at

2 institutions of higher education, in3 cluding through collaboration with in4 stitutions of higher education in, or

5 State educational agencies serving,

6 other States; and

7 (B) may use the grant funds for—

8 (i) developing and making available

9 specific opportunities for extensive profes10 sional development for teachers, para11 professionals, principals, and school admin12 istrators, including collection and dissemi13 nation of effective teaching practices to im14 prove instruction and instructional support

15 mechanisms;

16 (ii) identifying changes in State aca17 demic content standards, academic achieve18 ment standards, and assessments for stu19 dents in grades preceding secondary school

20 in order to ensure such standards and as21 sessments are appropriately aligned and

22 adequately reflect the content needed to

23 prepare students to enter secondary school;

24 (iii) developing a plan to provide re25 mediation and additional learning opportu-
†

217

S 761 ES

1 nities for students who are performing

2 below grade level to ensure that all stu3 dents will have the opportunity to meet

4 secondary school graduation requirements;

5 (iv) identifying and addressing teacher

6 certification needs; or

7 (v) incorporating 21st century learn8 ing skills into the State plan, which skills

9 shall include critical thinking, problem

10 solving, communication, collaboration,

11 global awareness, and business and finan12 cial literacy.

13 (2) GRANTS FOR STATEWIDE P–16 EDUCATION

14 DATA SYSTEMS.—

15 (A) ESTABLISHMENT OF SYSTEM.—Each

16 State that receives a grant under subsection

17 (c)(2) shall establish a statewide P–16 edu18 cation longitudinal data system that—

19 (i) provides each student, upon enroll20 ment in a public elementary school or sec21 ondary school in the State, with a unique

22 identifier, such as a bar code, that—

23 (I) does not permit a student to

24 be individually identified by users of

25 the system; and
†

218

S 761 ES

1 (II) is retained throughout the

2 student’s enrollment in P–16 edu3 cation in the State; and

4 (ii) meets the requirements of sub5 paragraphs (B) through (E).

6 (B) IMPROVEMENT OF EXISTING SYS7 TEM.—Each State that receives a grant under

8 subsection (c)(2) for the improvement of a

9 statewide P–16 education data system may em10 ploy, coordinate, or revise an existing statewide

11 data system to establish a statewide longitu12 dinal P–16 education data system that meets

13 the requirements of subparagraph (A), if the

14 statewide longitudinal P–16 education data sys15 tem produces valid and reliable data.

16 (C) PRIVACY AND ACCESS TO DATA.—

17 (i) IN GENERAL.—Each State that re18 ceives a grant under subsection (c)(2) shall

19 implement measures to—

20 (I) limit the State’s use of infor21 mation in the statewide P–16 edu22 cation data system to the purposes

23 and functions for use of such informa24 tion set forth in Federal or State law

25 regarding education and allow access
†

219

S 761 ES

1 to the information in the statewide

2 data system only to those State em3 ployees, and only on such terms, as

4 may be necessary to fulfill those pur5 poses and functions;

6 (II) prohibit the disclosure of in7 formation in the statewide P–16 edu8 cation data system to any other per9 son, agency, institution, or entity, ex10 cept to the extent necessary to assist

11 the State in fulfilling the purposes

12 and functions for use of such informa13 tion set forth in Federal or State law

14 regarding education, and only if such

15 party has signed a data use agree16 ment that—

17 (aa) prohibits the party

18 from further disclosing the infor19 mation;

20 (bb) prohibits the party

21 from using the information for

22 any purpose other than the pur23 pose specified in the agreement,

24 which purpose must relate to as25 sisting the State in carrying out
†

220

S 761 ES

1 the purposes and functions for

2 use of such information set forth

3 in Federal or State law regarding

4 education; and

5 (cc) requires the party to de6 stroy the information when the

7 purpose for which the disclosure

8 was made is accomplished;

9 (III) keep an accurate accounting

10 of the date, nature, and purpose of

11 each disclosure of information in the

12 statewide P–16 education data sys13 tem, and the name and address of the

14 person, agency, institution, or entity

15 to whom the disclosure is made, which

16 accounting shall be made available on

17 request to parents of any student

18 whose information has been disclosed;

19 (IV) maintain adequate security

20 measures to ensure the confidentiality

21 and integrity of the data system;

22 (V) ensure that the statewide P–

23 16 education data system meets any

24 further requirements of the Family
†

221

S 761 ES

1 Educational Rights and Privacy Act

2 of 1974 (20 U.S.C. 1232g);

3 (VI) where rights are provided to

4 parents under this clause, provide

5 those rights to the student instead of

6 the parent if the student has reached

7 the age of 18 or is enrolled in a post8 secondary educational institution; and

9 (VII) ensure adequate enforce10 ment of the requirements of this

11 clause.

12 (ii) USE OF UNIQUE IDENTIFIERS.—

13 (I) GOVERNMENTAL USE OF

14 UNIQUE IDENTIFIERS.—It shall be

15 unlawful for any Federal, State, or

16 local governmental agency to use the

17 unique identifiers employed in the

18 statewide P–16 education data sys19 tems for any purpose other than as

20 authorized by Federal or State law re21 garding education, or to deny any in22 dividual any right, benefit, or privilege

23 provided by law because of such indi24 vidual’s refusal to disclose the individ25 ual’s unique identifier.
†

222

S 761 ES

1 (II) REGULATIONS.—Not later

2 than 180 days after the date of enact3 ment of this Act, the Secretary of

4 Education shall promulgate regula5 tions governing the use by govern6 mental and non-governmental entities

7 of the unique identifiers employed in

8 statewide P–16 education data sys9 tems, including, where necessary, reg10 ulations requiring States desiring

11 grants for statewide P–16 education

12 data systems under this section to im13 plement specified measures, with the

14 goal of safeguarding individual pri15 vacy to the maximum extent prac16 ticable consistent with the uses of the

17 information authorized in this Act or

18 other Federal or State law regarding

19 education.

20 (D) REQUIRED ELEMENTS OF A STATE21 WIDE P–16 EDUCATION DATA SYSTEM.—The

22 State shall ensure that the statewide P–16 edu23 cation data system includes the following ele24 ments:
†

223

S 761 ES

1 (i) PRESCHOOL THROUGH GRADE 12

2 EDUCATION AND POSTSECONDARY EDU3 CATION.—With respect to preschool

4 through grade 12 education and postsec5 ondary education—

6 (I) a unique statewide student

7 identifier that does not permit a stu8 dent to be individually identified by

9 users of the system;

10 (II) student-level enrollment, de11 mographic, and program participation

12 information;

13 (III) student-level information

14 about the points at which students

15 exit, transfer in, transfer out, drop

16 out, or complete P–16 education pro17 grams;

18 (IV) the capacity to communicate

19 with higher education data systems;

20 and

21 (V) a State data audit system as22 sessing data quality, validity, and reli23 ability.
†

224

S 761 ES

1 (ii) PRESCHOOL THROUGH GRADE 12

2 EDUCATION.—With respect to preschool

3 through grade 12 education—

4 (I) yearly test records of indi5 vidual students with respect to assess6 ments under section 1111(b) of the

7 Elementary and Secondary Education

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

9 (II) information on students not

10 tested by grade and subject;

11 (III) a teacher identifier system

12 with the ability to match teachers to

13 students;

14 (IV) student-level transcript in15 formation, including information on

16 courses completed and grades earned;

17 and

18 (V) student-level college readi19 ness test scores.

20 (iii) POSTSECONDARY EDUCATION.—

21 With respect to postsecondary education,

22 data that provide—

23 (I) information regarding the ex24 tent to which students transition suc25 cessfully from secondary school to
†

225

S 761 ES

1 postsecondary education, including

2 whether students enroll in remedial

3 coursework; and

4 (II) other information determined

5 necessary to address alignment and

6 adequate preparation for success in

7 postsecondary education.

8 (E) FUNCTIONS OF THE STATEWIDE P–16

9 EDUCATION DATA SYSTEM.—In implementing

10 the statewide P–16 education data system, the

11 State shall—

12 (i) identify factors that correlate to

13 students’ ability to successfully engage in

14 and complete postsecondary-level general

15 education coursework without the need for

16 prior developmental coursework;

17 (ii) identify factors to increase the

18 percentage of low-income and minority stu19 dents who are academically prepared to

20 enter and successfully complete postsec21 ondary-level general education coursework;

22 and

23 (iii) use the data in the system to oth24 erwise inform education policy and practice

25 in order to better align State academic
†

226

S 761 ES

1 content standards, and curricula, with the

2 demands of postsecondary education, the

3 21st century workforce, and the Armed

4 Forces.

5 (f) APPLICATION.—

6 (1) IN GENERAL.—Each State desiring a grant

7 under this section shall submit an application to the

8 Secretary at such time, in such manner, and con9 taining such information as the Secretary may rea10 sonably require.

11 (2) APPLICATION CONTENTS.—Each application

12 submitted under this section shall specify whether

13 the State application is for the conduct P–16 edu14 cation alignment activities, or the establishment or

15 improvement of a statewide P–16 education data

16 system. The application shall include, at a minimum,

17 the following:

18 (A) A description of the activities and pro19 grams to be carried out with the grant funds

20 and a comprehensive plan for carrying out the

21 activities.

22 (B) A description of how the concerns and

23 interests of the larger education community, in24 cluding parents, students, teachers, teacher

25 educators, principals, and preschool administra-
†

227

S 761 ES

1 tors will be represented in carrying out the au2 thorized activities described in subsection (e).

3 (C) In the case of a State applying for

4 funding for P–16 education alignment, a de5 scription of how the State will provide assist6 ance to local educational agencies in imple7 menting rigorous State academic content stand8 ards, substantive curricula, remediation, and

9 acceleration opportunities for students, as well

10 as other changes determined necessary by the

11 State.

12 (D) In the case of a State applying for

13 funding to establish or improve a statewide P–

14 16 education data system—

15 (i) a description of the privacy protec16 tion and enforcement measures that the

17 State has implemented or will implement

18 pursuant to subparagraph (C), and assur19 ances that these measures will be in place

20 prior to the establishment or improvement

21 of the statewide P–16 education data sys22 tem; and

23 (ii) an assurance that the State will

24 continue to fund the statewide P–16 edu-
†

228

S 761 ES

1 cation data system after the end of the

2 grant period.

3 (g) SUPPLEMENT NOT SUPPLANT.—Grant funds

4 provided under this section shall be used to supplement,

5 not supplant, other Federal, State, and local funds avail6 able to carry out the authorized activities described in sub7 section (e).

8 (h) MATCHING REQUIREMENT.—Each State that re9 ceives a grant under this section shall provide, from non10 Federal sources, an amount equal to 100 percent of the

11 amount of the grant, in cash or in kind, to carry out the

12 activities supported by the grant.

13 (i) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to require States to provide raw

15 data to the Secretary.

16 (j) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this section

18 $100,000,000 for fiscal year 2008 and such sums as may

19 be necessary for fiscal year 2009.
†

229

S 761 ES

1 TITLE V—MATHEMATICS AND

2 SCIENCE PARTNERSHIP

3 BONUS GRANTS.

4 SEC. 3501. MATHEMATICS AND SCIENCE PARTNERSHIP

5 BONUS GRANTS.

6 (a) IN GENERAL.—From amounts appropriated

7 under subsection (d), the Secretary of Education shall

8 award a grant—

9 (1) for each of the school years 2007–2008

10 through 2010–2011, to each of the 3 elementary

11 schools and each of the 3 secondary schools each of

12 which has a high concentration of low income stu13 dents as defined in section 1707(2) of the Elemen14 tary and Secondary Education Act of 1965 (20

15 U.S.C. 6537(3)), in each State whose students dem16 onstrate the most improvement in mathematics, as

17 measured by the improvement in the students’ aver18 age score on the State’s assessments in mathematics

19 for the school year for which the grant is awarded,

20 as compared to the school year preceding the school

21 year for which the grant is awarded; and

22 (2) for each of the school years 2008–2009

23 through 2010–2011, to each of the 3 elementary

24 schools and each of the 3 secondary schools each of

25 which has a high concentration of low income stu-
†

230

S 761 ES

1 dents as defined in section 1707(2) of the Elemen2 tary and Secondary Education Act of 1965 (20

3 U.S.C. 6537(3)), in each State whose students dem4 onstrate the most improvement in science, as meas5 ured by the improvement in the students’ average

6 score on the State’s assessments in science for the

7 school year for which the grant is awarded, as com8 pared to the school year preceding the school year

9 for which the grant is awarded.

10 (b) GRANT AMOUNT.—The amount of each grant

11 awarded under this section shall be $50,000.

12 SEC. 3502. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated to carry out

14 this section such sums for fiscal years 2008 through 2011.

15 DIVISION D—NATIONAL

16 SCIENCE FOUNDATION

17 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—There are authorized to be appro19 priated to the National Science Foundation—

20 (1) $6,729,000,000 for fiscal year 2008;

21 (2) $7,738,000,000 for fiscal year 2009;

22 (3) $8,899,000,000 for fiscal year 2010; and

23 (4) $10,234,000,000 for fiscal year 2011.

24 (b) PLAN FOR INCREASED RESEARCH.—
†

231

S 761 ES

1 (1) IN GENERAL.—Not later than 180 days

2 after the date of the enactment of this Act, the Di3 rector of the National Science Foundation, in con4 sultation with the National Science Board, shall sub5 mit a comprehensive, multiyear plan that describes

6 how the funds authorized in subsection (a) would be

7 used, if appropriated, to the Committee on Com8 merce, Science, and Transportation of the Senate,

9 the Committee on Health, Education, Labor, and

10 Pensions of the Senate, and the Committee on

11 Science of the House of Representatives.

12 (2) PLAN REQUIREMENTS.—The Director

13 shall—

14 (A) develop the plan with a focus on

15 strengthening the Nation’s lead in physical

16 science and technology, increasing overall work17 force skills in physical science, technology, engi18 neering, and mathematics at all levels, and

19 strengthening innovation by expanding the

20 focus of competitiveness and innovation policy

21 at the regional and local level; and

22 (B) emphasize spending increased research

23 funds appropriated pursuant to subsection (a)

24 in areas of investment for Federal research and
†

232

S 761 ES

1 technology programs identified under section

2 1101(c) of this Act.

3 SEC. 4002. STRENGTHENING OF EDUCATION AND HUMAN

4 RESOURCES DIRECTORATE THROUGH EQUI5 TABLE DISTRIBUTION OF NEW FUNDS.

6 (a) PURPOSE.—The purpose of this section is to en7 sure the continued involvement of experts at the National

8 Science Foundation in improving science, technology, en9 gineering, and mathematics education at the elementary,

10 secondary, and postsecondary school levels by providing

11 annual funding increases for the education and human re12 sources programs of the National Science Foundation that

13 are proportional to the funding increases provided to the

14 Foundation overall.

15 (b) EQUITABLE DISTRIBUTION OF NEW FUNDS.—

16 Within the amounts authorized to be appropriated by sec17 tion 4001, there are authorized to be appropriated for the

18 education and human resources programs of the National

19 Science Foundation, for fiscal year 2008, $1,050,000,000,

20 and, for each of the fiscal years 2009 through 2011, an

21 amount equal to $1,050,000,000 increased for each such

22 fiscal year by an amount equal to the percentage increase

23 in the appropriation for the National Science Foundation

24 for such fiscal year above the amount appropriated to the

25 National Science Foundation for fiscal year 2008.
†

233

S 761 ES

1 SEC. 4003. GRADUATE FELLOWSHIPS AND GRADUATE

2 TRAINEESHIPS.

3 (a) GRADUATE RESEARCH FELLOWSHIP PRO4 GRAM.—

5 (1) IN GENERAL.—During the 4-year period be6 ginning on the date of the enactment of this Act, the

7 Director of the National Science Foundation shall

8 expand the Graduate Research Fellowship Program

9 of the National Science Foundation so that an addi10 tional 1,250 fellowships are awarded to citizens or

11 nationals of the United States or eligible lawful per12 manent residents under the Program during that pe13 riod.

14 (2) EXTENSION OF FELLOWSHIP PERIOD.—The

15 Director is authorized to award fellowships under

16 the Graduate Research Fellowship Program for a

17 period of up to 5 years.

18 (3) AUTHORIZATION OF APPROPRIATIONS.—

19 Within the amounts authorized to be appropriated

20 by section 4001, there are authorized to be appro21 priated, to provide additional fellowships under the

22 Graduate Research Fellowship Program during each

23 of the fiscal years 2008 through 2011, the following:

24 (A) $24,000,000 for fiscal year 2008.

25 (B) $36,000,000 for fiscal year 2009.

26 (C) $48,000,000 for fiscal year 2010.
†

234

S 761 ES

1 (D) $60,000,000 for fiscal year 2011.

2 (b) INTEGRATIVE GRADUATE EDUCATION AND RE3 SEARCH TRAINEESHIP PROGRAM.—

4 (1) IN GENERAL.—During the 4-year period be5 ginning on the date of the enactment of this Act, the

6 Director shall expand the Integrative Graduate Edu7 cation and Research Traineeship program of the Na8 tional Science Foundation so that an additional

9 1,250 individuals who are citizens or nationals of the

10 United States or eligible lawful permanent residents

11 are awarded grants under the program during that

12 period.

13 (2) AUTHORIZATION OF APPROPRIATIONS.—

14 Within the amounts authorized to be appropriated

15 by section 4001, there are authorized to be appro16 priated, to provide grants to additional individuals

17 under the Integrative Graduate Education and Re18 search Traineeship program during each of the fiscal

19 years 2008 through 2011, the following:

20 (A) $22,000,000 for fiscal year 2008.

21 (B) $33,000,000 for fiscal year 2009.

22 (C) $44,000,000 for fiscal year 2010.

23 (D) $55,000,000 for fiscal year 2011.

24 (c) DEFINITION OF ELIGIBLE LAWFUL PERMANENT

25 RESIDENT.—In this section, the term ‘‘eligible lawful per-
†

235

S 761 ES

1 manent resident’’ means a lawful permanent resident of

2 the United States who declares an intent—

3 (1) to apply for United States citizenship; or

4 (2) to reside in the United States for not less

5 than 5 years after the completion of a graduate fel6 lowship or traineeship awarded under this section.

7 SEC. 4004. PROFESSIONAL SCIENCE MASTER’S DEGREE

8 PROGRAMS.

9 (a) CLEARINGHOUSE.—

10 (1) DEVELOPMENT.—The Director of the Na11 tional Science Foundation shall establish a clearing12 house, in collaboration with 4-year institutions of

13 higher education (including applicable graduate

14 schools and academic departments), and industries

15 and Federal agencies that employ science-trained

16 personnel, to share program elements used in suc17 cessful professional science master’s degree pro18 grams and other advanced degree programs related

19 to science, mathematics, technology, and engineer20 ing.

21 (2) AVAILABILITY.—The Director shall make

22 the clearinghouse of program elements developed

23 under paragraph (1) available to institutions of

24 higher education that are developing professional

25 science master’s degree programs.
†

236

S 761 ES

1 (b) PROGRAMS.—

2 (1) PROGRAMS AUTHORIZED.—The Director

3 shall award grants to 4-year institutions of higher

4 education to facilitate the institutions’ creation or

5 improvement of professional science master’s degree

6 programs.

7 (2) APPLICATION.—A 4-year institution of

8 higher education desiring a grant under this section

9 shall submit an application at such time, in such

10 manner, and accompanied by such information as

11 the Director may require. The application shall

12 include—

13 (A) a description of the professional

14 science master’s degree program that the insti15 tution of higher education will implement;

16 (B) the amount of funding from non-Fed17 eral sources, including from private industries,

18 that the institution of higher education shall

19 use to support the professional science master’s

20 degree program; and

21 (C) an assurance that the institution of

22 higher education shall encourage students in

23 the professional science master’s degree pro24 gram to apply for all forms of Federal assist25 ance available to such students, including appli-
†

237

S 761 ES

1 cable graduate fellowships and student financial

2 assistance under titles IV and VII of the High3 er Education Act of 1965 (20 U.S.C. 1070 et

4 seq., 1133 et seq.).

5 (3) PREFERENCES.—The Director shall give

6 preference in making awards to 4-year institutions

7 of higher education seeking Federal funding to cre8 ate or improve professional science master’s degree

9 programs, to those applicants—

10 (A) located in States with low percentages

11 of citizens with graduate or professional de12 grees, as determined by the Bureau of the Cen13 sus, that demonstrate success in meeting the

14 unique needs of the corporate, non-profit, and

15 government communities in the State, as evi16 denced by providing internships for professional

17 science master’s degree students or similar

18 partnership arrangements; or

(B) that secure more than 2 19 ⁄3 of the fund20 ing for such professional science master’s de21 gree programs from sources other than the

22 Federal Government.

23 (4) NUMBER OF GRANTS; TIME PERIOD OF

24 GRANTS.—
†

238

S 761 ES

1 (A) NUMBER OF GRANTS.—Subject to the

2 availability of appropriated funds, the Director

3 shall award grants under paragraph (1) to a

4 maximum of 200 4-year institutions of higher

5 education.

6 (B) TIME PERIOD OF GRANTS.—Grants

7 awarded under this section shall be for one 3-

8 year term. Grants may be renewed only once

9 for a maximum of 2 additional years.

10 (5) EVALUATION AND REPORTS.—

11 (A) DEVELOPMENT OF PERFORMANCE

12 BENCHMARKS.—Prior to the start of the grant

13 program, the Director of the National Science

14 Foundation, in collaboration with 4-year insti15 tutions of higher education (including applicable

16 graduate schools and academic departments),

17 and industries and Federal agencies that em18 ploy science-trained personnel, shall develop

19 performance benchmarks to evaluate the pilot

20 programs assisted by grants under this section.

21 (B) EVALUATION.—For each year of the

22 grant period, the Director, in consultation with

23 4-year institutions of higher education (includ24 ing applicable graduate schools and academic

25 departments), and industries and Federal agen-
†

239

S 761 ES

1 cies that employ science-trained personnel, shall

2 complete an evaluation of each program as3 sisted by grants under this section. Any pro4 gram that fails to satisfy the performance

5 benchmarks developed under subparagraph (A)

6 shall not be eligible for further funding.

7 (C) REPORT.—Not later than 180 days

8 after the completion of an evaluation described

9 in subparagraph (B), the Director shall submit

10 a report to Congress that includes—

11 (i) the results of the evaluation de12 scribed in subparagraph (B); and

13 (ii) recommendations for administra14 tive and legislative action that could opti15 mize the effectiveness of the pilot pro16 grams, as the Director determines to be

17 appropriate.

18 (c) INSTITUTION OF HIGHER EDUCATION DE19 FINED.—In this section, the term ‘‘institution of higher

20 education’’ has the meaning given that term in section

21 101(a) of the Higher Education Act of 1965 (20 U.S.C.

22 1001(a)).

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Within

24 the amounts authorized to be appropriated by section
†

240

S 761 ES

1 4001, there are authorized to be appropriated to carry out

2 this section—

3 (1) $15,000,000 for fiscal year 2008;

4 (2) $18,000,000 for fiscal year 2009; and

5 (3) $20,000,000 for each of the fiscal years

6 2010 and 2011.

7 SEC. 4005. INCREASED SUPPORT FOR SCIENCE EDUCATION

8 THROUGH THE NATIONAL SCIENCE FOUNDA9 TION.

10 (a) IN GENERAL.—Within the amounts authorized to

11 be appropriated by section 4001, there are authorized to

12 be appropriated to carry out the science, mathematics, en13 gineering, and technology talent expansion program under

14 section 8(7) of the National Science Foundation Author15 ization Act of 2002 (Public Law 107–368, 116 Stat.

16 3042)—

17 (1) $40,000,000 for fiscal year 2008;

18 (2) $45,000,000 for fiscal year 2009;

19 (3) $50,000,000 for fiscal year 2010; and

20 (4) $55,000,000 for fiscal year 2011.

21 (b) PROMOTING OUTREACH AND HIGH QUALITY.—

22 Section 8(7)(C) of the National Science Foundation Au23 thorization Act of 2002 (Public Law 107–368, 116 Stat.

24 3042) is amended—
†

241

S 761 ES

1 (1) by redesignating clauses (i) through (vi) as

2 subclauses (I) through (VI), respectively, and in3 denting appropriately;

4 (2) by striking ‘‘include those that promote

5 high quality—’’ and inserting ‘‘include programs

6 that—

7 ‘‘(i) promote high-quality—’’;

8 (3) in clause (i) (as inserted by paragraph

9 (2))—

10 (A) in subclause (III) (as redesignated by

11 paragraph (1)), by striking ‘‘for students;’’ and

12 inserting ‘‘for students, especially underrep13 resented minority and female mathematics,

14 science, engineering, and technology students;’’;

15 (B) in subclause (V) (as redesignated by

16 paragraph (1)), by striking ‘‘and’’ after the

17 semicolon;

18 (C) in subclause (VI) (as redesignated by

19 paragraph (1)), by striking ‘‘students.’’ and in20 serting ‘‘students; and’’; and

21 (D) by adding at the end the following:

22 ‘‘(VII) outreach programs that pro23 vide middle and secondary school students

24 and their science, technology, and math

25 teachers opportunities to increase the stu-
†

242

S 761 ES

1 dents’ and teachers’ exposure to engineer2 ing and technology;’’; and

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

4 ‘‘(ii) finance summer internships for math5 ematics, science, engineering, and technology

6 undergraduate students;

7 ‘‘(iii) facilitate the hiring of additional

8 mathematics, science, engineering, and tech9 nology faculty; and

10 ‘‘(iv) serve as bridges to enable underrep11 resented minority and female secondary school

12 students to obtain extra mathematics, science,

13 engineering, and technology training prior to

14 entering an institution of higher education.’’.

15 SEC. 4006. MEETING CRITICAL NATIONAL SCIENCE NEEDS.

16 (a) IN GENERAL.—In addition to any other criteria,

17 the Director of the National Science Foundation shall in18 clude consideration of the degree to which awards and re19 search activities that otherwise qualify for support by the

20 National Science Foundation may assist in meeting crit21 ical national needs in innovation, competitiveness, the

22 physical and natural sciences, technology, engineering,

23 and mathematics.

24 (b) PRIORITY TREATMENT.—The Director shall give

25 priority in the selection of awards and the allocation of
†

243

S 761 ES

1 National Science Foundation resources to proposed re2 search activities, and grants funded under the National

3 Science Foundation’s Research and Related Activities Ac4 count, that can be expected to make contributions in phys5 ical or natural science, technology, engineering, or mathe6 matics, or that enhance competitiveness or innovation in

7 the United States.

8 (c) LIMITATION.—Nothing in this section shall be

9 construed to inhibit the grant selection process for funding

10 other areas of research deemed by the National Science

11 Foundation to be consistent with its mandate nor to

12 change the core mission of the National Science Founda13 tion.

14 SEC. 4007. REAFFIRMATION OF THE MERIT-REVIEW PROC15 ESS OF THE NATIONAL SCIENCE FOUNDA16 TION.

17 Nothing in this division or division A, or the amend18 ments made by this division or division A, shall be inter19 preted to require or recommend that the National Science

20 Foundation—

21 (1) alter or modify its merit-review system or

22 peer-review process; or

23 (2) exclude the awarding of any proposal by

24 means of the merit-review or peer-review process.
†

244

S 761 ES

1 SEC. 4008. EXPERIMENTAL PROGRAM TO STIMULATE COM2 PETITIVE RESEARCH.

3 Within the amounts authorized to be appropriated by

4 section 4001, there are authorized to be appropriated to

5 the National Science Foundation for the Experimental

6 Program to Stimulate Competitive Research authorized

7 under section 113 of the National Science Foundation Au8 thorization Act of 1988 (42 U.S.C. 1862g), for fiscal year

9 2008, $125,000,000, and, for each of fiscal years 2009

10 through 2011, an amount equal to $125,000,000 in11 creased for each such year by an amount equal to the per12 centage increase in the appropriation for the National

13 Science Foundation for such fiscal year above the total

14 amount appropriated to the National Science Foundation

15 for fiscal year 2008.

16 SEC. 4009. ENCOURAGING PARTICIPATION.

17 (a) MENTORING PROGRAM.—The Director of the Na18 tional Science Foundation shall establish a program to re19 cruit and provide mentors for women who are interested

20 in careers in science, technology, engineering, and mathe21 matics by pairing such women who are in science, tech22 nology, engineering, or mathematics programs of study in

23 secondary school, community college, undergraduate or

24 graduate school with mentors who are working in indus25 try.
†

245

S 761 ES

1 (b) ADDITIONAL LEARNING PROGRAM.—The Direc2 tor shall also establish a program to provide grants to

3 community colleges to provide additional learning and

4 other appropriate training to allow women to enter higher5 paying technical jobs in fields related to science, tech6 nology, engineering, or mathematics.

7 (c) APPLICATIONS.—An institution of higher edu8 cation, including a community college, desiring a grant

9 under this section shall submit an application at such

10 time, in such manner, and accompanied by such informa11 tion as the Director may require.

12 (d) PROGRAM EVALUATION.—The Director shall es13 tablish metrics to evaluate the success of the programs

14 established under subsections (a) and (b) annually and re15 port the findings and conclusions of the evaluations annu16 ally to Congress.

17 SEC. 4010. CYBERINFRASTRUCTURE.

18 In order to continue and expand efforts to ensure

19 that research institutions throughout the Nation can fully

20 participate in research programs of the National Science

21 Foundation and collaborate with colleagues throughout

22 the nation, the Director of the National Science Founda23 tion, within 180 days after the date of enactment of this

24 Act, shall develop and publish a plan that describes the

25 current status of broadband access for scientific research
†

246

S 761 ES

1 purposes in States located in EPSCoR-eligible jurisdic2 tions and outlines actions which can be taken to ensure

3 that such connections are available to enable participation

4 in those National Science Foundation programs which rely

5 heavily on high-speed networking and collaborations

6 across institutions and regions.

7 SEC. 4011. FEDERAL INFORMATION AND COMMUNICATIONS

8 TECHNOLOGY RESEARCH.

9 (a) ADVANCED INFORMATION AND COMMUNICATIONS

10 TECHNOLOGY RESEARCH.—

11 (1) NATIONAL SCIENCE FOUNDATION INFORMA12 TION AND COMMUNICATIONS TECHNOLOGY RE13 SEARCH.—The Director of the National Science

14 Foundation shall establish a program of basic re15 search in advanced information and communications

16 technologies focused on enhancing or facilitating the

17 availability and affordability of advanced commu18 nications services to all people of the United States.

19 In developing and carrying out the program, the Di20 rector shall consult with the Board established under

21 paragraph (2).

22 (2) FEDERAL ADVANCED INFORMATION AND

23 COMMUNICATIONS TECHNOLOGY RESEARCH

24 BOARD.—There is established within the National

25 Science Foundation a Federal Advanced Information
†

247

S 761 ES

1 and Communications Technology Research Board

2 (referred to in this subsection as ‘‘the Board’’)

3 which shall advise the Director of the National

4 Science Foundation in carrying out the program au5 thorized under paragraph (1). The Board shall be

6 composed of individuals with expertise in informa7 tion and communications technologies, including rep8 resentatives from the National Telecommunications

9 and Information Administration, the Federal Com10 munications Commission, the National Institute of

11 Standards and Technology, and the Department of

12 Defense, and representatives from industry and edu13 cational institutions.

14 (3) GRANT PROGRAM.—The Director of the Na15 tional Science Foundation, in consultation with the

16 Board, shall award grants for basic research into ad17 vanced information and communications technologies

18 that will contribute to enhancing or facilitating the

19 availability and affordability of advanced commu20 nications services to all people of the United States.

21 Areas of research to be supported through the

22 grants include—

23 (A) affordable broadband access, including

24 wireless technologies;

25 (B) network security and reliability;
†

248

S 761 ES

1 (C) communications interoperability;

2 (D) networking protocols and architec3 tures, including resilience to outages or attacks;

4 (E) trusted software;

5 (F) privacy;

6 (G) nanoelectronics for communications

7 applications;

8 (H) low-power communications electronics;

9 (I) implementation of equitable access to

10 national advanced fiber optic research and edu11 cational networks in noncontiguous States; and

12 (J) such other related areas as the Direc13 tor, in consultation with the Board, finds ap14 propriate.

15 (4) CENTERS.—The Director shall award

16 multiyear grants, subject to the availability of appro17 priations, to institutions of higher education (as de18 fined in section 101(a) of the Higher Education Act

19 of 1965 (20 U.S.C. 1001(a)), nonprofit research in20 stitutions affiliated with institutions of higher edu21 cation, or consortia thereof to establish multidisci22 plinary Centers for Communications Research. The

23 purpose of the Centers shall be to generate innova24 tive approaches to problems in communications and

25 information technology research, including the re-
†

249

S 761 ES

1 search areas described in paragraph (3). Institutions

2 of higher education, nonprofit research institutions

3 affiliated with institutions of higher education, or

4 consortia receiving such grants may partner with 1

5 or more government laboratories or for-profit enti6 ties, or other institutions of higher education or non7 profit research institutions.

8 (5) APPLICATIONS.—The Director of the Na9 tional Science Foundation, in consultation with the

10 Board, shall establish criteria for the award of

11 grants under paragraphs (3) and (4). Such grants

12 shall be awarded under the programs on a merit-re13 viewed competitive basis. The Director shall give pri14 ority to grants that offer the potential for revolu15 tionary rather than evolutionary breakthroughs.

16 (6) AUTHORIZATION OF APPROPRIATIONS.—

17 Within the amounts authorized to be appropriated

18 by section 4001, there are authorized to be appro19 priated to the National Science Foundation to carry

20 out this subsection—

21 (A) $45,000,000 for fiscal year 2008;

22 (B) $50,000,000 for fiscal year 2009;

23 (C) $55,000,000 for fiscal year 2010; and

24 (D) $60,000,000 for fiscal year 2011.
†

250

S 761 ES

1 (b) NATIONAL INSTITUTE OF STANDARDS AND

2 TECHNOLOGY RESPONSIBILITIES.—The Director of the

3 National Institute of Standards and Technology shall con4 tinue to support research and support standards develop5 ment in advanced information and communications tech6 nologies focused on enhancing or facilitating the avail7 ability and affordability of advanced communications serv8 ices to all people of the United States, in order to imple9 ment the Institute’s responsibilities under section 2(c)(12)

10 of the National Institute of Standards and Technology Act

11 (15 U.S.C. 272(c)(12)). The Director shall support intra12 mural research and cooperative research with institutions

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

14 Higher Education Act of 1965 (20 U.S.C. 1001(a)) and

15 industry.

16 SEC. 4012. ROBERT NOYCE TEACHER PROGRAM.

17 (a) IN GENERAL.—Section 10 of the National

18 Science Foundation Authorization Act of 2002 (42 U.S.C.

19 1862n–1) is amended—

20 (1) in the section heading, by striking ‘‘SCHOL21 ARSHIP’’ and inserting ‘‘TEACHER’’;

22 (2) in subsection (a)—

23 (A) in paragraph (1)—
†

251

S 761 ES

1 (i) by striking ‘‘(or consortia of such

2 institutions)’’ and inserting ‘‘, consortia of

3 such institutions, or partnerships’’;

4 (ii) by striking ‘‘to provide scholar5 ships, stipends, and programming de6 signed’’;

7 (iii) by inserting ‘‘and to provide

8 scholarships, stipends, or fellowships to in9 dividuals participating in the program’’

10 after ‘‘science teachers’’; and

11 (iv) by striking ‘‘Scholarship’’ and in12 serting ‘‘Teacher’’;

13 (B) in paragraph (3)—

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘or consortia’’ and

16 inserting ‘‘consortia, or partnerships’’;

17 (ii) in subparagraph (A)—

18 (I) in the matter preceding clause

19 (i)—

20 (aa) by striking ‘‘encourage

21 top college juniors and seniors

22 majoring in’’ and inserting ‘‘re23 cruit and prepare undergraduate

24 students to pursue degrees in’’;

25 and
†

252

S 761 ES

1 (bb) by striking ‘‘to become’’

2 and inserting ‘‘and become quali3 fied as’’;

4 (II) in clause (ii)—

5 (aa) by striking ‘‘programs

6 to help scholarship recipients’’

7 and inserting ‘‘academic courses

8 and clinical teaching experiences

9 designed to prepare students par10 ticipating in the program’’;

11 (bb) by striking ‘‘programs

12 that will result in’’ and inserting

13 ‘‘such preparation as is necessary

14 to meet requirements for’’; and

15 (cc) by striking ‘‘licensing;

16 and’’ and inserting ‘‘licensing;’’;

17 (III) in clause (iii)—

18 (aa) by striking ‘‘scholarship

19 recipients’’ and inserting ‘‘stu20 dents participating in the pro21 gram’’;

22 (bb) by striking ‘‘enable the

23 recipients’’ and inserting ‘‘enable

24 the students’’; and
†

253

S 761 ES

1 (cc) by striking ‘‘; or’’ and

2 inserting ‘‘; and’’; and

3 (IV) by adding at the end the fol4 lowing:

5 ‘‘(iv) providing summer internships

6 for freshman and sophomore students par7 ticipating in the program;’’;

8 (iii) in subparagraph (B)—

9 (I) in the matter preceding clause

10 (i)—

11 (aa) by striking ‘‘encourage’’

12 and inserting ‘‘recruit and pre13 pare’’; and

14 (bb) by inserting ‘‘qualified

15 as’’ after ‘‘to become’’;

16 (II) by striking clause (ii) and in17 serting the following:

18 ‘‘(ii) offering academic courses and

19 clinical teaching experiences designed to

20 prepare stipend recipients to teach in ele21 mentary schools and secondary schools, in22 cluding such preparation as is necessary to

23 meet requirements for teacher certification

24 or licensing; and’’; and
†

254

S 761 ES

1 (III) in clause (iii), by striking

2 the period at the end and inserting ‘‘;

3 or’’; and

4 (iv) by adding at the end the fol5 lowing:

6 ‘‘(C) to develop and implement a program

7 to recruit and prepare mathematics, science, or

8 engineering professionals to become NSF

9 Teaching Fellows, and to recruit existing teach10 ers to become NSF Master Teaching Fellows,

11 through—

12 ‘‘(i) administering fellowships in ac13 cordance with subsection (e);

14 ‘‘(ii) offering academic courses and

15 clinical teaching experiences that are de16 signed to prepare students participating in

17 the program to teach in secondary schools

18 and that, in the case of NSF Teaching

19 Fellows, result in a master’s degree in

20 teaching and teacher certification or licens21 ing; and

22 ‘‘(iii) offering programs to partici23 pants to assist in the fulfillment of the

24 participants’ responsibilities under this sec25 tion, including mentoring, training, men-
†

255

S 761 ES

1 toring training, and induction and profes2 sional development programs.’’; and

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

4 ‘‘(4) ELIGIBILITY REQUIREMENT.—To be eligi5 ble for an award under this section, an institution

6 of higher education, a consortium of such institu7 tions, or a partnership shall ensure that specific fac8 ulty members and staff from the mathematics,

9 science, or engineering department of the institution

10 (or a participating institution of the consortium or

11 partnership) and specific education faculty members

12 of the institution (or such participating institution)

13 are designated to carry out the development and im14 plementation of the program. An institution of high15 er education and consortium may also include teach16 ers to participate in developing the pedagogical con17 tent of the program and to supervise students par18 ticipating in the program in the students’ field

19 teaching experiences. No institution of higher edu20 cation, consortium, or partnership shall be eligible

21 for an award unless faculty from the mathematics,

22 science, or engineering department of the institution

23 (or such participating institution) are active partici24 pants in the program.
†

256

S 761 ES

1 ‘‘(5) MATCHING REQUIREMENT.—An institution

2 of higher education, consortium of institutions of

3 higher education, or partnership receiving a grant

4 under this section shall provide, from non-Federal

5 sources, an amount equal to 50 percent of the

6 amount of the grant (which may be provided in cash

7 or in-kind) to carry out the activities supported by

8 the grant.

9 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Grant

10 funds provided under this section shall be used to

11 supplement, and not supplant, other Federal or

12 State funds available for the type of activities sup13 ported by the grant.’’;

14 (3) in subsection (b)—

15 (A) in paragraph (1)—

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘or consortium’’

18 and inserting ‘‘consortium, or partner19 ship’’;

20 (ii) by striking subparagraph (A) and

21 inserting the following:

22 ‘‘(A) a description of the program that the

23 applicant intends to operate, including—

24 ‘‘(i) the number of scholarships and

25 summer internships or the size and num-
†

257

S 761 ES

1 ber of stipends or fellowships the applicant

2 intends to award;

3 ‘‘(ii) the type of activities proposed for

4 the recruitment of students to the pro5 gram; and

6 ‘‘(iii) the selection process that will be

7 used in awarding the scholarships, sti8 pends, or fellowships;’’;

9 (iii) in subparagraph (B)—

10 (I) by striking ‘‘scholarship or

11 stipend’’; and

12 (II) by striking ‘‘; and’’ and in13 serting ‘‘, which may include a de14 scription of any existing programs at

15 the applicant’s institution that are

16 targeted to the education of mathe17 matics and science teachers and the

18 number of teachers graduated annu19 ally from such programs;’’; and

20 (iv) by striking subparagraph (C) and

21 inserting the following:

22 ‘‘(C) a description of the academic courses

23 and clinical teaching experiences required under

24 subparagraph (A)(ii), (B)(ii), or (C)(ii) of sub25 section (a)(3), as applicable, including—
†

258

S 761 ES

1 ‘‘(i)(I) a description of the under2 graduate program under subsection

3 (a)(3)(A)(ii) that will enable a student to

4 graduate in 4 years with a major in mathe5 matics, science, or engineering and to ob6 tain teacher certification or licensing; or

7 ‘‘(II) a description of the master’s de8 gree programs offered under subsection

9 (a)(3)(C)(ii);

10 ‘‘(ii) a description of clinical teaching

11 experiences proposed; and

12 ‘‘(iii) evidence of agreements between

13 the applicant and the schools or school dis14 tricts that are identified as the locations at

15 which clinical teaching experiences will

16 occur;

17 ‘‘(D) a description of the programs re18 quired under subparagraph (A)(iii), (B)(iii), or

19 (C)(iii) of subsection (a)(3), as applicable, in20 cluding activities to assist new teachers in ful21 filling their service requirements under this sec22 tion; and

23 ‘‘(E) an identification of the applicant’s

24 mathematics, science, or engineering faculty

25 and its education faculty who will carry out the
†

259

S 761 ES

1 development and implementation of the pro2 gram as required under subsection (a)(4).’’; and

3 (B) in paragraph (2)—

4 (i) by redesignating subparagraphs

5 (B) through (E) as subparagraphs (C)

6 through (F), respectively;

7 (ii) by inserting after subparagraph

8 (A) the following:

9 ‘‘(B) the extent to which the applicant’s

10 mathematics, science, or engineering faculty

11 and its education faculty have worked or will

12 work collaboratively to design new or revised

13 curricula that recognize the specialized peda14 gogy required to teach mathematics and science

15 effectively in elementary schools and secondary

16 schools;’’; and

17 (iii) in subparagraph (D) (as redesig18 nated by clause (i)), by striking ‘‘or sti19 pend’’ and inserting ‘‘, stipend, or fellow20 ship’’;

21 (4) in subsection (c)—

22 (A) in paragraph (3)—

23 (i) by striking ‘‘$7,500’’ and inserting

24 ‘‘$10,000’’; and
†

260

S 761 ES

1 (ii) by striking ‘‘of scholarship sup2 port’’ and inserting ‘‘of scholarship sup3 port, unless the Director establishes a pol4 icy by which part-time students may re5 ceive additional years of support’’; and

6 (B) in paragraph (4), by inserting ‘‘with a

7 maximum service requirement of 4 years’’ after

8 ‘‘scholarship was received’’;

9 (5) in subsection (d)—

10 (A) by striking paragraph (1) and insert11 ing the following:

12 ‘‘(1) IN GENERAL.—Stipends under this section

13 shall be available only to—

14 ‘‘(A) teachers enrolled in a master’s degree

15 program in science, technology, engineering, or

16 mathematics; and

17 ‘‘(B) mathematics, science, or engineering

18 professionals who, while receiving the stipend,

19 are enrolled in a program to receive certifi20 cation or licensing to teach.’’;

21 (B) in paragraph (3), by inserting ‘‘, ex22 cept that if an individual is enrolled in a part23 time program, such stipend shall be prorated

24 according to the length of the program’’ after

25 ‘‘stipend support’’; and
†

261

S 761 ES

1 (C) in paragraph (4), by striking ‘‘for each

2 year a stipend was received’’;

3 (6) by redesignating subsections (e) through (h)

4 and subsection (i) as subsections (f) through (i) and

5 subsection (l), respectively;

6 (7) by inserting after subsection (d) the fol7 lowing:

8 ‘‘(e) NATIONAL SCIENCE FOUNDATION TEACHING

9 FELLOWSHIPS.—

10 ‘‘(1) PURPOSE.—The purpose of the fellowships

11 under this subsection is to promote and recognize

12 high-level achievement in advanced mathematics and

13 science teaching.

14 ‘‘(2) PARTNERSHIP REQUIREMENTS.—In order

15 to receive a grant under this section to carry out

16 this subsection, the recipient of such grant shall be

17 a partnership and the only local educational agencies

18 that shall be members of the partnership shall be

19 local educational agencies that agree not to reduce

20 the base salary normally paid to an individual solely

21 because such individual receives a salary supplement

22 under this subsection.

23 ‘‘(3) GENERAL CRITERIA.—A partnership re24 ceiving a grant to carry out a fellowship program
†

262

S 761 ES

1 under this subsection shall award such fellowships

2 only to—

3 ‘‘(A) mathematics, science, or engineering

4 professionals who enroll in 1-year master’s de5 gree programs in teaching that result in teacher

6 certification or licensing and who shall be re7 ferred to as ‘NSF Teaching Fellows’; and

8 ‘‘(B) mathematics and science teachers

9 who possess a master’s degree in their field and

10 who shall be referred to as ‘NSF Master Teach11 ing Fellows’.

12 ‘‘(4) SELECTION.—Individuals shall be selected

13 to receive fellowships under this section primarily on

14 the basis of—

15 ‘‘(A) professional achievement;

16 ‘‘(B) academic merit;

17 ‘‘(C) demonstrated advanced content

18 knowledge; and

19 ‘‘(D) in the case of NSF Master Teaching

20 Fellows, demonstrated success in improving stu21 dent academic achievement in mathematics,

22 science, technology, or engineering.

23 ‘‘(5) USE OF FUNDS.—Each partnership receiv24 ing a grant under this section to award fellowships

25 under this subsection shall—
†

263

S 761 ES

1 ‘‘(A) provide a stipend to each NSF

2 Teaching Fellow for the duration of the Fel3 low’s enrollment in the master’s degree pro4 gram, to be used to offset the cost of tuition,

5 fees, and living expenses; and

6 ‘‘(B) provide salary supplements to each

7 NSF Teaching Fellow and NSF Master Teach8 ing Fellow during the period of the Fellow’s

9 service obligation under paragraph (4).

10 ‘‘(6) SERVICE OBLIGATION.—If an individual is

11 awarded a fellowship under this subsection, that in12 dividual shall be required to serve in a high-need

13 local educational agency for—

14 ‘‘(A) in the case of a NSF Teaching Fel15 low, 4 years; and

16 ‘‘(B) in the case of a NSF Master Teach17 ing Fellow, 5 years.

18 ‘‘(7) DUTIES.—A recipient of a fellowship

19 under this section, during the service obligation re20 quired under paragraph (6) and in addition to reg21 ular classroom activities, shall take on a leadership

22 role within the school or local educational agency in

23 which the recipient is employed, as defined by the

24 partnership according to the recipient’s expertise, in25 cluding serving as a mentor or master teacher, de-
†

264

S 761 ES

1 veloping curricula, and assisting in the development

2 and implementation of professional development ac3 tivities.’’;

4 (8) in subsection (f) (as redesignated by para5 graph (6))—

6 (A) by striking paragraph (1) and insert7 ing the following:

8 ‘‘(1) accepting—

9 ‘‘(A) the terms of the scholarship pursuant

10 to subsection (c), the stipend pursuant to sub11 section (d), or the fellowship pursuant to sub12 section (e); and

13 ‘‘(B) the terms regarding the failure to

14 complete a service obligation required for the

15 scholarship, stipend, or fellowship pursuant to

16 subsection (h);’’; and

17 (B) in paragraph (3)—

18 (i) by striking ‘‘scholarship’’ and in19 serting ‘‘scholarship, stipend, or fellow20 ship’’; and

21 (ii) by striking ‘‘subsection (g)’’ and

22 inserting ‘‘subsection (h)’’;

23 (9) in subsection (g)(1) (as redesignated by

24 paragraph (6))—
†

265

S 761 ES

1 (A) by striking ‘‘(or consortium thereof)’’

2 and inserting ‘‘, consortium, or partnership’’;

3 and

4 (B) by striking ‘‘scholarship and stipend’’

5 and inserting ‘‘scholarship, stipend, and fellow6 ship’’;

7 (10) in subsection (h) (as redesignated by para8 graph (6))—

9 (A) in paragraph (1)—

10 (i) in the matter preceding subpara11 graph (A), by inserting ‘‘, stipend, or fel12 lowship’’ after ‘‘scholarship’’; and

13 (ii) in subparagraph (C), by striking

14 ‘‘baccalaureate degree’’; and

15 (B) by striking paragraph (2) and insert16 ing the following:

17 ‘‘(2) REPAYMENT FOR FAILURE TO COMPLETE

18 SERVICE.—

19 ‘‘(A) LESS THAN 1 YEAR OF SERVICE.—If

20 a circumstance described in paragraph (1) oc21 curs before the completion of 1 year of a service

22 obligation under this section, the sum of the

23 total amount of awards received by the indi24 vidual under this section shall be treated as a

25 loan payable to the Federal Government, con-
†

266

S 761 ES

1 sistent with the provisions of part B or D of

2 title IV of the Higher Education Act of 1965,

3 and shall be subject to repayment in accordance

4 with terms and conditions specified by the Sec5 retary of Education in regulations promulgated

6 to carry out this paragraph.

7 ‘‘(B) 1 YEAR OR MORE OF SERVICE.—If a

8 circumstance described in subparagraph (D) or

9 (E) of paragraph (1) occurs after the comple10 tion of 1 year of a service obligation under this

section, an amount equal to 1 11 ⁄2 of the sum of

12 the total amount of awards received by the indi13 vidual under this section shall be treated as a

14 loan payable to the Federal Government, con15 sistent with the provisions of part B or D of

16 title IV of the Higher Education Act of 1965,

17 and shall be subject to repayment in accordance

18 with terms and conditions specified by the Sec19 retary of Education in regulations promulgated

20 to carry out this paragraph.’’;

21 (11) in subsection (i) (as redesignated by para22 graph (6))—

23 (A) by striking ‘‘or consortia’’ and insert24 ing ‘‘, consortia, or partnerships’’;
†

267

S 761 ES

1 (B) by striking ‘‘scholarship recipients and

2 stipend recipients’’ and inserting ‘‘scholarship,

3 stipend, and fellowship recipients’’; and

4 (C) by striking ‘‘subsection (e)’’ and in5 serting ‘‘subsection (f)’’;

6 (12) by inserting after subsection (i) (as redes7 ignated by paragraph (6)) the following:

8 ‘‘(j) SCIENCE AND MATHEMATICS SCHOLARSHIP

9 GIFT FUND.—In accordance with section 11(f) of the Na10 tional Science Foundation Act of 1950, the Director is au11 thorized to accept donations from the private sector to

12 supplement, but not supplant, scholarships, stipends, in13 ternships, or fellowships associated with the programs

14 under this section.

15 ‘‘(k) ASSESSMENT OF TEACHER RETENTION.—Not

16 later than 4 years after the date of enactment of the

17 America COMPETES Act, the Director shall transmit to

18 Congress a report on the effectiveness of the program car19 ried out under this section regarding the retention of par20 ticipants in the teaching profession beyond the service ob21 ligation required under this section.’’;

22 (13) in subsection (l) (as redesignated by para23 graph (6))—
†

268

S 761 ES

1 (A) by redesignating paragraphs (1), (2),

2 (3), (4), and (5) as paragraphs (2), (5), (7),

3 (9), and (10), respectively;

4 (B) by inserting before paragraph (2) (as

5 redesignated by subparagraph (A)) the fol6 lowing:

7 ‘‘(1) the term ‘advanced content knowledge’

8 means demonstrated mathematics or science content

9 knowledge as measured by a rigorous, valid assess10 ment tool that has been approved by the Director;’’;

11 (C) by inserting after paragraph (2) (as

12 redesignated by subparagraph (A)) the fol13 lowing:

14 ‘‘(3) the term ‘fellowship’ means an award

15 under subsection (e);

16 ‘‘(4) the term ‘high-need local educational agen17 cy’ means a local educational agency or educational

18 service agency (as defined in section 9101 of the El19 ementary and Secondary Education Act of 1965)—

20 ‘‘(A)(i) that serves not less than 10,000

21 children from low-income families;

22 ‘‘(ii) for which not less than 20 percent of

23 the children served by the agency are children

24 from low-income families; or
†

269

S 761 ES

1 ‘‘(iii) with a total of less than 600 students

2 in average daily attendance at the schools that

3 are served by the agency, and all of whose

4 schools are designated with a school locale code

5 of 6, 7, or 8, as determined by the Secretary of

6 Education; and

7 ‘‘(B)(i) for which there is a higher percent8 age of teachers providing instruction in aca9 demic subject areas or grade levels for which

10 the teachers are not highly qualified; or

11 ‘‘(ii) for which there is a high teacher

12 turnover rate or a high percentage of teachers

13 with emergency, provisional, or temporary cer14 tification or licensure;’’;

15 (D) in paragraph (5) (as redesignated by

16 subparagraph (A)), by inserting ‘‘engineering,’’

17 after ‘‘mathematics, science,’’;

18 (E) by inserting after paragraph (5) (as

19 redesignated by subparagraph (A)) the fol20 lowing:

21 ‘‘(6) the term ‘mathematics and science teach22 ing’ means mathematics, science, engineering, or

23 technology teaching at the elementary or secondary

24 school level;’’;
†

270

S 761 ES

1 (F) in paragraph (7) (as redesignated by

2 subparagraph (A)) by inserting ‘‘or had a ca3 reer’’ after ‘‘is working’’; and

4 (G) by inserting after paragraph (7) (as

5 redesignated by subparagraph (A)) the fol6 lowing:

7 ‘‘(8) the term ‘partnership’ means a partner8 ship that shall include—

9 ‘‘(A) an institution of higher education or

10 a consortium of such institutions;

11 ‘‘(B) a department within an institution of

12 higher education participating in the partner13 ship that provides an advanced program of

14 study in mathematics and science;

15 ‘‘(C)(i) a school or department within an

16 institution of higher education participating in

17 the partnership that provides a master teacher’s

18 preparation program; or

19 ‘‘(ii) a 2-year institution of higher edu20 cation that has a teacher preparation offering

21 or a dual enrollment program with an institu22 tion of higher education participating in the

23 partnership;

24 ‘‘(D) not less than 1 high-need local edu25 cational agency and a public school or a consor-
†

271

S 761 ES

1 tium of public schools served by the agency;

2 and

3 ‘‘(E) 1 or more nonprofit organizations

4 that have the capacity to provide expertise or

5 support to meet the purposes of this section;’’;

6 and

7 (14) by adding at the end the following:

8 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) IN GENERAL.—Within the amounts au10 thorized to be appropriated by section 4001 of the

11 America COMPETES Act and except as provided in

12 paragraph (2), there are authorized to be appro13 priated to the Director for the Robert Noyce Teach14 er Program under this section—

15 ‘‘(A) $117,000,000 for fiscal year 2008, of

16 which at least $18,000,000 shall be used for ca17 pacity building activities described in clauses

18 (ii) and (iii) of subsection (a)(3)(A), clauses (ii)

19 and (iii) of subsection (a)(3)(B), and clauses

20 (ii) and (iii) of subsection (a)(3)(C);

21 ‘‘(B) $130,000,000 for fiscal year 2009, of

22 which at least $21,000,000 shall be used for

23 such capacity building activities;
†

272

S 761 ES

1 ‘‘(C) $148,000,000 for fiscal year 2010, of

2 which at least $24,000,000 shall be used for

3 such capacity building activities; and

4 ‘‘(D) $200,000,000 for fiscal year 2011, of

5 which at least $27,000,000 shall be used for

6 such capacity building activities.

7 ‘‘(2) EXCEPTION.—For any fiscal year for

8 which the funding allocated for activities under this

9 section is less than $105,000,000, the amount of

10 funding available for capacity building activities de11 scribed in subparagraphs (A) through (D) of para12 graph (1) shall not exceed 15 percent of the allo13 cated funds.’’.

14 (b) CONFORMING AMENDMENTS.—

15 (1) SECTION 4.—Section 4 of the National

16 Science Foundation Authorization Act of 2002 (42

17 U.S.C. 1862n note) is amended in the matter pre18 ceding paragraph (1) by striking ‘‘In this Act:’’ and

19 inserting ‘‘Except as otherwise provided, in this

20 Act:’’.

21 (2) SECTION 8.—Section 8(6) of the National

22 Science Foundation Authorization Act of 2002 (Pub23 lic Law 107–368) is amended—
†

273

S 761 ES

1 (A) in the paragraph heading, by striking

2 ‘‘SCHOLARSHIP’’ and inserting ‘‘TEACHER’’;

3 and

4 (B) by striking ‘‘Scholarship’’ and insert5 ing ‘‘Teacher’’.

6 SEC. 4013. SENSE OF THE SENATE REGARDING THE MATHE7 MATICS AND SCIENCE PARTNERSHIP PRO8 GRAMS OF THE DEPARTMENT OF EDUCATION

9 AND THE NATIONAL SCIENCE FOUNDATION.

10 It is the sense of the Senate that—

11 (1) although the mathematics and science edu12 cation partnership program at the National Science

13 Foundation and the mathematics and science part14 nership program at the Department of Education

15 practically share the same name, the 2 programs are

16 intended to be complementary, not duplicative;

17 (2) the National Science Foundation partner18 ship programs are innovative, model reform initia19 tives that move promising ideas in education from

20 research into practice to improve teacher quality, de21 velop challenging curricula, and increase student

22 achievement in mathematics and science, and Con23 gress intends that the National Science Foundation

24 peer-reviewed partnership programs found to be ef25 fective should be put into wider practice by dissemi-
†

274

S 761 ES

1 nation through the Department of Education part2 nership programs; and

3 (3) the Director of the National Science Foun4 dation and the Secretary of Education should have

5 ongoing collaboration to ensure that the 2 compo6 nents of this priority effort for mathematics and

7 science education continue to work in concert for the

8 benefit of States and local practitioners nationwide.

9 SEC. 4014. NATIONAL SCIENCE FOUNDATION TEACHER IN10 STITUTES FOR THE 21ST CENTURY.

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Within

12 the amounts authorized to be appropriated by section

13 4001, there are authorized to be appropriated to carry out

14 the teacher institutes for the 21st century under para15 graphs (3) and (7) of section 9(a) of the National Science

16 Foundation Authorization Act of 2002 (as amended by

17 subsection (b)) (42 U.S.C. 1862n(a))—

18 (1) $84,000,000 for fiscal year 2008;

19 (2) $94,000,000 for fiscal year 2009;

20 (3) $106,000,000 for fiscal year 2010; and

21 (4) $140,000,000 for fiscal year 2011.

22 (b) TEACHER INSTITUTES FOR THE 21ST CEN23 TURY.—Section 9(a) of the National Science Foundation

24 Authorization Act of 2002 (42 U.S.C. 1862n(a)) is

25 amended—
†

275

S 761 ES

1 (1) in paragraph (3)(B), by striking ‘‘summer

2 or’’ and inserting ‘‘teacher institutes for the 21st

3 century, as described in paragraph (7),’’;

4 (2) by redesignating paragraph (7) as para5 graph (8); and

6 (3) by inserting after paragraph (6) the fol7 lowing:

8 ‘‘(7) TEACHER INSTITUTES FOR THE 21ST CEN9 TURY.—

10 ‘‘(A) IN GENERAL.—Teacher institutes for

11 the 21st century carried out in accordance with

12 paragraph (3)(B) shall—

13 ‘‘(i) be carried out in conjunction with

14 a school served by the local educational

15 agency in the partnership;

16 ‘‘(ii) be science, technology, engineer17 ing, and mathematics focused institutes

18 that provide professional development to

19 elementary school and secondary school

20 teachers;

21 ‘‘(iii) serve teachers who are consid22 ered highly qualified (as defined in section

23 9101 of the Elementary and Secondary

24 Education Act of 1965), teach high-need

25 subjects, and teach in high-need schools
†

276

S 761 ES

1 (as described in section 1114(a)(1) of the

2 Elementary and Secondary Education Act

3 of 1965);

4 ‘‘(iv) focus on the theme and struc5 ture developed by the Director under sub6 paragraph (C);

7 ‘‘(v) be content-based and build on

8 school year curricula that are experiment9 oriented, content-based, and grounded in

10 current research;

11 ‘‘(vi) ensure that the pedagogy compo12 nent is designed around specific strategies

13 that are relevant to teaching the subject

14 and content on which teachers are being

15 trained, which may include training teach16 ers in the essential components of reading

17 instruction for adolescents in order to im18 prove student reading skills within the sub19 ject areas of science, technology, engineer20 ing, and mathematics;

21 ‘‘(vii) be a multiyear program that is

22 conducted for a period of not less than 2

23 weeks per year;
†

277

S 761 ES

1 ‘‘(viii) provide for direct interaction

2 between participants in and faculty of the

3 teacher institute;

4 ‘‘(ix) have a component that includes

5 the use of the Internet;

6 ‘‘(x) provide for followup training in

7 the classroom during the academic year for

8 a period of not less than 3 days, which

9 may or may not be consecutive, for partici10 pants in the teacher institute, except that

11 for teachers in rural local educational

12 agencies, the followup training may be pro13 vided through the Internet;

14 ‘‘(xi) provide teachers participating in

15 the teacher institute with travel expense

16 reimbursement and classroom materials re17 lated to the teacher institute, and may in18 clude providing stipends as necessary; and

19 ‘‘(xii) establish a mechanism to pro20 vide supplemental support during the aca21 demic year for teacher institute partici22 pants to apply the knowledge and skills

23 gained at the teacher institute.

24 ‘‘(B) OPTIONAL MEMBERS OF THE PART25 NERSHIP.—In addition to the partnership re-
†

278

S 761 ES

1 quirement under paragraph (2), an institution

2 of higher education or eligible nonprofit organi3 zation (or consortium) desiring a grant for a

4 teacher institute for the 21st century may also

5 partner with a teacher organization, museum,

6 or educational partnership organization.

7 ‘‘(C) THEME AND STRUCTURE.—Each

8 year, not later than 180 days before the appli9 cation deadline for a grant under this section,

10 the Director shall, in consultation with a broad

11 group of relevant education organizations, de12 velop a theme and structure for the teacher in13 stitutes of the 21st century supported under

14 paragraph (3)(B).’’.

15 SEC. 4015. PARTNERSHIPS FOR ACCESS TO LABORATORY

16 SCIENCE.

17 (a) GRANT PROGRAM.—Section 8(8) of the National

18 Science Foundation Authorization Act of 2002 (Public

19 Law 107–368) is amended—

20 (1) by redesignating subparagraphs (A) through

21 (F) as clauses (i) through (vi), respectively, and in22 denting appropriately;

23 (2) by moving the flush language at the end 2

24 ems to the right;
†

279

S 761 ES

1 (3) in the flush language at the end, by striking

2 ‘‘paragraph’’ and inserting ‘‘subparagraph’’;

3 (4) by striking ‘‘INITIATIVE.—A program of’’

4 and inserting ‘‘INITIATIVE.—

5 ‘‘(A) IN GENERAL.—A program of’’; and

6 (5) by inserting at the end the following:

7 ‘‘(B) PILOT PROGRAM.—

8 ‘‘(i) IN GENERAL.—In accordance

9 with subparagraph (A)(v), the Director

10 shall establish a pilot program designated

11 as ‘Partnerships for Access to Laboratory

12 Science’ to award grants to partnerships to

13 pay the Federal share of the costs of im14 proving laboratories and providing instru15 mentation as part of a comprehensive pro16 gram to enhance the quality of mathe17 matics, science, engineering, and tech18 nology instruction at the secondary school

19 level. Grants under this subparagraph may

20 be used for—

21 ‘‘(I) purchase, rental, or leasing

22 of equipment, instrumentation, and

23 other scientific educational materials;

24 ‘‘(II) acquire appropriate

25 nanotechnology equipment and soft-
†

280

S 761 ES

1 ware designed for teaching students

2 about nanotechnology in the class3 room;

4 ‘‘(III) professional development

5 and training for teachers aligned with

6 activities supported under section

7 2123 of the ESEA of 1965;

8 ‘‘(IV) development of instruc9 tional programs designed to integrate

10 the laboratory experience with class11 room instruction and to be consistent

12 with State mathematics and science,

13 and to the extent applicable, tech14 nology and engineering, academic

15 achievement standards;

16 ‘‘(V) training in laboratory safety

17 for relevant school personnel;

18 ‘‘(VI) design and implementation

19 of hands-on laboratory experiences to

20 encourage the interest of individuals

21 identified in section 33 or 34 of the

22 Science and Engineering Equal Op23 portunities Act (42 U.S.C. 1885a or

24 1885b) in mathematics, science, engi25 neering, and technology and help pre-
†

281

S 761 ES

1 pare such individuals to pursue post2 secondary studies in these fields; and

3 ‘‘(VII) assessment of the activi4 ties funded under this subparagraph.

5 ‘‘(ii) PARTNERSHIP.—Grants awarded

6 under clause (i) shall be to a partnership

7 that—

8 ‘‘(I) includes an institution of

9 higher education or a community col10 lege;

11 ‘‘(II) includes a high-need local

12 educational agency;

13 ‘‘(III) includes a business or eli14 gible nonprofit organization; and

15 ‘‘(IV) may include a State edu16 cational agency, other public agency,

17 National Laboratory, or community18 based organization.

19 ‘‘(iii) FEDERAL SHARE.—The Federal

20 share of the cost of activities carried out

21 using amounts from a grant under clause

22 (i) shall not exceed 30 percent.’’.

23 (b) REPORT.—The Director of the National Science

24 Foundation shall evaluate the effectiveness of activities

25 carried out under the pilot projects funded by the grant
†

282

S 761 ES

1 program established pursuant to the amendment made by

2 subsection (b) in improving student performance in math3 ematics, science, engineering, and technology and rec4 ommend whether such activities should continue. A report

5 documenting the results of that evaluation shall be sub6 mitted to the Committee on Commerce, Science, and

7 Transportation and the Committee on Health, Education,

8 Labor, and Pensions of the Senate and the Committee on

9 Science and Technology of the House of Representatives

10 not later than 3 years after the date of enactment of this

11 Act. The report shall identify best practices and materials

12 for the classroom developed and demonstrated by grant

13 awardees.

14 (c) SUNSET.—The provisions of this section shall

15 cease to have force or effect at the beginning of fiscal year

16 2012.

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to the National Science

19 Foundation to carry out this section and the amendments

20 made by this section such sums for fiscal year 2008 and

21 each of the 3 succeeding fiscal years.
†

283

S 761 ES

1 DIVISION E—GENERAL

2 PROVISIONS

3 SEC. 5001. COLLECTION OF DATA RELATING TO TRADE IN

4 SERVICES.

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

6 date of the enactment of this Act, the Secretary of Com7 merce shall establish a program within the Bureau of Eco8 nomic Analysis to collect and study data relating to export

9 and import of services. As part of the program, the Sec10 retary shall annually—

11 (1) provide data collection and analysis relating

12 to export and import of services;

13 (2) collect and analyze data for service imports

14 and exports in not less than 40 service industry cat15 egories, on a state-by-state basis;

16 (3) include data collection and analysis of the

17 employment effects of exports and imports on the

18 service industry; and

19 (4) integrate ongoing and planned data collec20 tion and analysis initiatives in research and develop21 ment and innovation.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to the Department of

24 Commerce such sums for each of the fiscal years 2008,
†

284

S 761 ES

1 2009, 2010, 2011, 2012, to carry out the provisions of

2 this section.

3 SEC. 5002. SENSE OF THE SENATE REGARDING SMALL

4 BUSINESS GROWTH AND CAPITAL MARKETS.

5 (a) FINDINGS.—The Congress finds that—

6 (1) the United States has the most fair, most

7 transparent, and most efficient capital markets in

8 the world, in part due to its strong securities statu9 tory and regulatory scheme;

10 (2) it is of paramount importance for the con11 tinued growth of our Nation’s economy, that our

12 capital markets retain their leading position in the

13 world;

14 (3) small businesses are vital participants in

15 United States capital markets, and play a critical

16 role in future economic growth and high-wage job

17 creation;

18 (4) section 404 of the Sarbanes-Oxley Act of

19 2002, has greatly enhanced the quality of corporate

20 governance and financial reporting for public compa21 nies and increased investor confidence;

22 (5) the Securities and Exchange Commission

23 (in this section referred to as the ‘‘Commission’’)

24 and the Public Company Accounting Oversight

25 Board (in this section referred to as the ‘‘PCAOB’’)
†

285

S 761 ES

1 have both determined that the current auditing

2 standard implementing section 404 of the Sarbanes3 Oxley Act of 2002 has imposed unnecessary and un4 intended cost burdens on small and mid-sized public

5 companies;

6 (6) the Commission and PCAOB are now near

7 completion of a 2-year process intended to revise the

8 standard in order to provide more efficient and ef9 fective regulation; and

10 (7) the chairman of the Commission recently

11 has said, with respect to section 404 of the Sar12 banes-Oxley Act of 2002, that, ‘‘We don’t need to

13 change the law, we need to change the way the law

14 is implemented. It is the implementation of the law

15 that has caused the excessive burden, not the law

16 itself. That’s an important distinction. I don’t be17 lieve these important investor protections, which are

18 even now only a few years old, should be opened up

19 for amendment, or that they need to be.’’.

20 (b) SENSE OF THE SENATE.—It is the sense of the

21 Senate that the Commission and the PCAOB should com22 plete promulgation of the final rules implementing section

23 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262).
†

286

S 761 ES

1 SEC. 5003. GOVERNMENT ACCOUNTABILITY OFFICE RE2 VIEW OF ACTIVITIES, GRANTS, AND PRO3 GRAMS.

4 Not later than 3 years after the date of enactment

5 of this Act, the Comptroller General of the United States

6 shall submit a report to Congress that—

7 (1) examines each annual and interim report

8 required to be submitted to Congress under this Act

9 (including any amendment made by this Act);

10 (2) assesses or evaluates assessments of the ef11 fectiveness of the new or expended activities, grants,

12 and programs carried out under this Act (including

13 any amendment made by this Act); and

14 (3) includes any recommendations as the Comp15 troller General determines are appropriate to im16 prove the effectiveness of such activities, grants, and

17 programs.

18 SEC. 5004. PROHIBITION AGAINST FUNDING ANTI-COMPETI19 TIVENESS.

20 Notwithstanding any other provision of the Law; no

21 federal funds shall be provided to any organization or enti22 ty that advocates against tax competition or United States

23 tax competitiveness.

24 Provided, however, that advocating for effective tax

25 information exchange, advocating for effective transfer

26 pricing, and advocating for income tax treaties is not con-
†

287

S 761 ES

1 sidered to be advocating against tax competition of United

2 States tax competitiveness.

3 SEC. 5005. FEASIBILITY STUDY ON FREE ONLINE COLLEGE

4 DEGREE PROGRAM.

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

6 date of enactment of this Act, the Secretary of Commerce

7 shall enter into a contract with the National Academy of

8 Sciences to conduct and complete a feasibility study on

9 creating a national, free online college degree program

10 that would be available to all individuals described under

11 section 484(a)(5) of the Higher Education Act of 1965

12 (20 U.S.C. 1091(a)(5)) who wish to pursue a degree in

13 a field of strategic importance to the United States and

14 where expertise is in demand, such as mathematics,

15 sciences, and foreign languages. The study shall look at

16 the need for a free college degree program as well as the

17 feasibility of—

18 (1) developing online course content;

19 (2) developing sufficiently rigorous tests to de20 termine mastery of a field of study; and

21 (3) sustaining the program through private

22 funding.

23 (b) STUDY.—The study described in subsection (a)

24 shall also include a review of existing online education pro25 grams to determine the extent to which these programs
†

288

S 761 ES

1 offer a rigorous curriculum in areas like mathematics and

2 science and the National Academy of Sciences shall make

3 recommendations for how online degree programs can be

4 assessed and accredited.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out this section

7 $500,000 for fiscal year 2008.

8 SEC. 5006. SENSE OF THE SENATE REGARDING DEEMED EX9 PORTS.

10 It is the sense of Senate that—

11 (1) United States government policies related to

12 deemed exports should safeguard United States na13 tional security and protect fundamental research.

14 (2) The Department of Commerce has estab15 lished the Deemed Export Advisory Committee to

16 develop recommendations for improving current con17 trols on deemed exports.

18 (3) The Administration and Congress should

19 consider the recommendations of the Deemed Export

20 Advisory Committee in its development and imple21 mentation of export control policies.

22 SEC. 5007. SENSE OF THE SENATE REGARDING CAPITAL

23 MARKETS.

24 (a) FINDINGS.—The Senate finds that—
†

289

S 761 ES

1 (1) United States capital markets are losing

2 their competitive edge in the face of intensifying

3 global competition, posing a risk to economic

4 growth, a problem that is well-documented in initial

5 public offerings (IPO), over-the-counter (OTC) de6 rivatives, securitization, and traditional lending;

7 (2) according to the Senator Charles E. Schu8 mer and Mayor Michael R. Bloomberg report, enti9 tled ‘‘Sustaining New York’s and the US’s Global

10 Financial Services Leadership’’, ‘‘In looking at sev11 eral of the critical contested investment banking and

12 sales and trading markets—initial public offerings

13 (IPOs), over-the-counter (OTC) derivatives, and

14 debt—it is clear that the declining position of the

15 US goes beyond this natural market evolution to

16 more controllable, intrinsic issues of US competitive17 ness. As market effectiveness, liquidity and safety

18 become more prevalent in the world’s financial mar19 kets, the competitive arena for financial services is

20 shifting toward a new set of factors—like availability

21 of skilled people and a balanced and effective legal

22 and regulatory environment—where the US is mov23 ing in the wrong direction.’’;

24 (3) further, the report referred to in paragraph

25 (2) stated that—
†

290

S 761 ES

1 (A) ‘‘The IPO market also offers the most

2 dramatic illustration of the change in capital3 raising needs around the world, and US ex4 changes are rapidly losing ground to foreign ri5 vals. When looking at all IPOs that took place

6 globally in 2006, the share of IPO volume at7 tracted by US exchanges is barely one-third of

8 that captured in 2001. By contrast, the global

9 share of IPO volume captured by European ex10 changes has expanded by more than 30 percent

11 over the same period, while non-Japan Asian

12 markets have doubled their equivalent market

13 share since 2001. When one considers mega14 IPOs – those over $1 billion – US exchanges

15 attracted 57 percent of such transactions in

16 2001, compared with just 16 percent during the

17 first ten months of 2006.’’; and

18 (B) ‘‘London already enjoys clear leader19 ship in the fast-growing and innovative over20 the-counter (OTC) derivatives market. This is

21 significant because of the trading flow that sur22 rounds derivatives markets and because of the

23 innovation these markets drive, both of which

24 are key competitive factors for financial centers.

25 Dealers and investors increasingly see deriva-
†

291

S 761 ES

1 tives and cash markets as interchangeable and

2 are therefore combining trading operations for

3 both products. Indeed, the derivatives markets

4 can be more liquid than the underlying cash

5 markets. Therefore, as London takes the global

6 lead in derivatives, America’s competitiveness in

7 both cash and derivatives flow trading is at

8 risk, as is its position as a center for financial

9 innovation.’’;

10 (4) on March 13, 2007, the Department of the

11 Treasury convened a conference on United States

12 capital markets competitiveness, where—

13 (A) key policymakers, consumer advocates,

14 members of the international community, busi15 ness representatives, and academic experts,

16 each with different perspectives, discussed ways

17 to keep United States capital markets the

18 strongest and most innovative in the world; and

19 (B) conference delegates examined the im20 pact of the United States regulatory structure

21 and philosophy, the legal and corporate govern22 ance environment, and the auditing profession

23 and financial reporting on United States capital

24 markets competitiveness;
†

292

S 761 ES

1 (5) the foundation of any competitive capital

2 market is investor confidence, and since1930, the

3 United States has required some of the most exten4 sive financial disclosures, supported by one of the

5 most robust enforcement regimes in the world;

6 (6) a balanced regulatory system is essential to

7 protecting investors and the efficient functioning of

8 capital markets; and

9 (7) too much regulation stifles entrepreneur10 ship, competition, and innovation, and too little reg11 ulation creates excessive risk to industry, investors,

12 and the overall system.

13 (b) SENSE OF THE SENATE.—It is the sense of the

14 Senate that—

15 (1) Congress, the President, regulators, indus16 try leaders, and other stakeholders should take the

17 necessary steps to reclaim the preeminent position of

18 the United States in the global financial services

19 marketplace;

20 (2) the Federal and State financial regulatory

21 agencies should, to the maximum extent possible, co22 ordinate activities on significant policy matters, so

23 as not to impose regulations that may have adverse

24 unintended consequences on innovativeness with re25 spect to financial products, instruments, and serv-
†

293

S 761 ES

1 ices, or that impose regulatory costs that are dis2 proportionate to their benefits, and, at the same

3 time, ensure that the regulatory framework over4 seeing the United States capital markets continues

5 to promote and protect the interests of investors in

6 those markets; and

7 (3) given the complexity of the financial serv8 ices marketplace today, Congress should exercise vig9 orous oversight over Federal regulatory and statu10 tory requirements affecting the financial services in11 dustry and consumers, with the goal of eliminating

12 excessive regulation and problematic implementation

13 of existing laws and regulations, while ensuring that

14 necessary investor protections are not compromised.

Passed the Senate April 25, 2007.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION S. 761

AN ACT

To invest in innovation and education to improve

global economy.the competitiveness of the United States in the