America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act
PL 110-69 (H.R.2272), enacted 08/09/2007

121 STAT. 572 
PUBLIC LAW 110–69—AUG. 9, 2007 
Public Law 110–69 
110th Congress 
An Act 
To invest in innovation through research and development, and to improve the 
competitiveness of the United States. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘America COMPETES Act’’ or 
the ‘‘America Creating Opportunities to Meaningfully Promote 
Excellence in Technology, Education, and Science Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT- 
WIDE SCIENCE 
Sec. 1001. National Science and Technology Summit. 
Sec. 1002. Study on barriers to innovation. 
Sec. 1003. National Technology and Innovation Medal. 
Sec. 1004. Semiannual Science, Technology, Engineering, and Mathematics Days. 
Sec. 1005. Study of service science. 
Sec. 1006. President’s Council on Innovation and Competitiveness. 
Sec. 1007. National coordination of research infrastructure. 
Sec. 1008. Sense of Congress on innovation acceleration research. 
Sec. 1009. Release of scientific research results. 
TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
Sec. 2001. NASA’s contribution to innovation. 
Sec. 2002. Aeronautics. 
Sec. 2003. Basic research enhancement. 
Sec. 2004. Aging workforce issues program. 
Sec. 2005. Sense of Congress regarding NASA’s undergraduate student research 
program. 
Sec. 2006. Use of International Space Station National Laboratory to support math 
and science education and competitiveness. 
TITLE III—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
Sec. 3001. Authorization of appropriations. 
Sec. 3002. Amendments to the Stevenson-Wydler Technology Innovation Act of 
1980. 
Sec. 3003. Manufacturing Extension Partnership. 
Sec. 3004. Institute-wide planning report. 
Sec. 3005. Report by Visiting Committee. 
Sec. 3006. Meetings of Visiting Committee on Advanced Technology. 
Sec. 3007. Collaborative manufacturing research pilot grants. 
Sec. 3008. Manufacturing Fellowship Program. 
Sec. 3009. Procurement of temporary and intermittent services. 
Sec. 3010. Malcolm Baldrige awards. 
Sec. 3011. Report on National Institute of Standards and Technology efforts to re-
cruit and retain early career science and engineering researchers. 
America 
COMPETES Act. 
20 USC 9801 
note. 
Aug. 9, 2007 
[H.R. 2272] 
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121 STAT. 573 
PUBLIC LAW 110–69—AUG. 9, 2007 
Sec. 3012. Technology Innovation Program. 
Sec. 3013. Technical amendments to the National Institute of Standards and Tech-
nology Act and other technical amendments. 
Sec. 3014. Retention of depreciation surcharge. 
Sec. 3015. Post-doctoral fellows. 
TITLE IV—OCEAN AND ATMOSPHERIC PROGRAMS 
Sec. 4001. Ocean and atmospheric Research and development Program. 
Sec. 4002. NOAA ocean and atmospheric Science education Programs. 
Sec. 4003. NOAA’s contribution to innovation. 
TITLE V—DEPARTMENT OF ENERGY 
Sec. 5001. Short title. 
Sec. 5002. Definitions. 
Sec. 5003. Science, engineering, and mathematics education at the Department of 
Energy. 
Sec. 5004. Nuclear science talent expansion program for institutions of higher edu-
cation. 
Sec. 5005. Hydrocarbon systems science talent expansion program for institutions 
of higher education. 
Sec. 5006. Department of Energy early career awards for science. engineering, and 
mathematics researchers. 
Sec. 5007. Authorization of appropriations for Department of Energy for basic re-
search. 
Sec. 5008. Discovery science and engineering innovation institutes. 
Sec. 5009. Protecting America’s Competitive Edge (PACE) graduate fellowship pro-
gram. 
Sec. 5010. Sense of Congress regarding certain recommendations and reviews. 
Sec. 5011. Distinguished scientist program. 
Sec. 5012. Advanced Research Projects Agency—Energy. 
TITLE VI—EDUCATION 
Sec. 6001. Findings. 
Sec. 6002. Definitions. 
Subtitle A—Teacher Assistance 
PART I—TEACHERS FOR A COMPETITIVE TOMORROW 
Sec. 6111. Purpose. 
Sec. 6112. Definitions. 
Sec. 6113. Programs for baccalaureate degrees in science, technology, engineering, 
mathematics, or critical foreign languages, with concurrent teacher cer-
tification. 
Sec. 6114. Programs for master’s degrees in science, technology, engineering, math-
ematics, or critical foreign language education. 
Sec. 6115. General provisions. 
Sec. 6116. Authorization of appropriations. 
PART II—ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS 
Sec. 6121. Purpose. 
Sec. 6122. Definitions. 
Sec. 6123. Advanced Placement and International Baccalaureate Programs. 
PART III—PROMISING PRACTICES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND 
MATHEMATICS TEACHING 
Sec. 6131. Promising practices. 
Subtitle B—Mathematics 
Sec. 6201. Math Now for elementary school and middle school students program. 
Sec. 6202. Summer term education programs. 
Sec. 6203. Math skills for secondary school students. 
Sec. 6204. Peer review of State applications. 
Subtitle C—Foreign Language Partnership Program 
Sec. 6301. Findings and purpose. 
Sec. 6302. Definitions. 
Sec. 6303. Program authorized. 
Sec. 6304. Authorization of appropriations. 
Subtitle D—Alignment of Education Programs 
Sec. 6401. Alignment of secondary school graduation requirements with the de-
mands of 21st century postsecondary endeavors and support for P–16 
education data systems. 
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121 STAT. 574 
PUBLIC LAW 110–69—AUG. 9, 2007 
Subtitle E—Mathematics and Science Partnership Bonus Grants 
Sec. 6501. Mathematics and science partnership bonus grants. 
Sec. 6502. Authorization of appropriations. 
TITLE VII—NATIONAL SCIENCE FOUNDATION 
Sec. 7001. Definitions. 
Sec. 7002. Authorization of appropriations. 
Sec. 7003. Reaffirmation of the merit-review process of the National Science Foun-
dation. 
Sec. 7004. Sense of the Congress regarding the mathematics and science partner-
ship programs of the Department of Education and the National Science 
Foundation. 
Sec. 7005. Curricula. 
Sec. 7006. Centers for research on learning and education improvement. 
Sec. 7007. Interdisciplinary research. 
Sec. 7008. Postdoctoral research fellows. 
Sec. 7009. Responsible conduct of research. 
Sec. 7010. Reporting of research results. 
Sec. 7011. Sharing research results. 
Sec. 7012. Funding for successful science, technology, engineering, and mathe-
matics education programs. 
Sec. 7013. Cost sharing. 
Sec. 7014. Additional reports. 
Sec. 7015. Administrative amendments. 
Sec. 7016. National Science Board reports. 
Sec. 7017. Program Fraud Civil Remedies Act of 1986 amendment. 
Sec. 7018. Meeting critical national science needs. 
Sec. 7019. Research on innovation and inventiveness. 
Sec. 7020. Cyberinfrastructure. 
Sec. 7021. Pilot program of grants for new investigators. 
Sec. 7022. Broader impacts merit review criterion. 
Sec. 7023. Donations. 
Sec. 7024. High-performance computing and networking. 
Sec. 7025. Science, technology, engineering, and mathematics talent expansion pro-
gram. 
Sec. 7026. Laboratory science pilot program. 
Sec. 7027. Study on laboratory equipment donations for schools. 
Sec. 7028. Mathematics and Science Education Partnerships amendments. 
Sec. 7029. National Science Foundation teacher institutes for the 21st century. 
Sec. 7030. Robert Noyce Teacher Scholarship Program. 
Sec. 7031. Encouraging participation. 
Sec. 7032. National Academy of Sciences report on diversity in science, technology, 
engineering, and mathematics fields. 
Sec. 7033. Hispanic-serving institutions undergraduate program. 
Sec. 7034. Professional science master’s degree programs. 
Sec. 7035. Sense of Congress on communications training for scientists. 
Sec. 7036. Major research instrumentation. 
Sec. 7037. Limit on proposals. 
TITLE VIII—GENERAL PROVISIONS 
Sec. 8001. Collection of data relating to trade in services. 
Sec. 8002. Sense of the Senate regarding small business growth and capital mar-
kets. 
Sec. 8003. Government Accountability Office review of activities, grants, and pro-
grams. 
Sec. 8004. Sense of the Senate regarding anti-competitive tax policy. 
Sec. 8005. Study of the provision of online degree programs. 
Sec. 8006. Sense of the Senate regarding deemed exports. 
Sec. 8007. Sense of the Senate regarding capital markets. 
Sec. 8008. Accountability and transparency of activities authorized by this Act. 
TITLE 
I—OFFICE 
OF 
SCIENCE 
AND 
TECHNOLOGY POLICY; GOVERNMENT- 
WIDE SCIENCE 
SEC. 1001. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the President shall convene a National 
Deadline. 
President. 
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121 STAT. 575 
PUBLIC LAW 110–69—AUG. 9, 2007 
Science and Technology Summit to examine the health and direction 
of the United States’ science, technology, engineering, and mathe-
matics enterprises. The Summit shall include representatives of 
industry, small business, labor, academia, State government, Fed-
eral research and development agencies, non-profit environmental 
and energy policy groups concerned with science and technology 
issues, and other nongovernmental organizations, including rep-
resentatives of science, technology, and engineering organizations 
and associations that represent individuals identified in section 
33 or 34 of the Science and Engineering Equal Opportunities Act 
(42 U.S.C. 1885a or 1885b). 
(b) REPORT.—Not later than 90 days after the date of the 
conclusion of the Summit, the President shall submit to Congress 
a report on the results of the Summit. The report shall identify 
key research and technology challenges and recommendations, 
including recommendations to increase the representation of 
individuals identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) 
in science, engineering, and technology enterprises, for areas of 
investment for Federal research and technology programs to be 
carried out during the 5-year period beginning on the date the 
report is issued. 
(c) ANNUAL
EVALUATION.—Beginning with the President’s 
budget submission for the fiscal year following the conclusion of 
the National Science and Technology Summit and for each of the 
following 4 budget submissions, the Analytical Perspectives compo-
nent of the budget document that describes the Research and 
Development budget priorities shall include a description of how 
those priorities relate to the conclusions and recommendations of 
the Summit contained in the report required under subsection 
(b). 
SEC. 1002. STUDY ON BARRIERS TO INNOVATION. 
(a) IN GENERAL.—Not later than 90 days after the date of 
the enactment of this Act, the Director of the Office of Science 
and Technology Policy shall enter into a contract with the National 
Academy of Sciences to conduct and complete a study to identify, 
and to review methods to mitigate, new forms of risk for businesses 
beyond conventional operational and financial risk that affect the 
ability to innovate, including studying and reviewing— 
(1) incentive and compensation structures that could effec-
tively encourage long-term value creation and innovation; 
(2) methods of voluntary and supplemental disclosure by 
industry of intellectual capital, innovation performance, and 
indicators of future valuation; 
(3) means by which government could work with industry 
to enhance the legal and regulatory framework to encourage 
the disclosures described in paragraph (2); 
(4) practices that may be significant deterrents to United 
States businesses engaging in innovation risk-taking compared 
to foreign competitors; 
(5) costs faced by United States businesses engaging in 
innovation compared to foreign competitors, including the bur-
den placed on businesses by high and rising health care costs; 
Deadline. 
Contracts. 
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121 STAT. 576 
PUBLIC LAW 110–69—AUG. 9, 2007 
(6) means by which industry, trade associations, and 
universities could collaborate to support research on manage-
ment practices and methodologies for assessing the value and 
risks of longer term innovation strategies; 
(7) means to encourage new, open, and collaborative dia-
logue between industry associations, regulatory authorities, 
management, shareholders, labor, and other concerned interests 
to encourage appropriate approaches to innovation risk-taking; 
(8) incentives to encourage participation among institutions 
of higher education, especially those in rural and underserved 
areas, to engage in innovation; 
(9) relevant Federal regulations that may discourage or 
encourage innovation; 
(10) all provisions of the Internal Revenue Code of 1986, 
including tax provisions, compliance costs, and reporting 
requirements, that discourage innovation; 
(11) the extent to which Federal funding promotes or 
hinders innovation; and 
(12) the extent to which individuals are being equipped 
with the knowledge and skills necessary for success in the 
21st century workforce, as measured by— 
(A) elementary school and secondary school student 
academic achievement on the State academic assessments 
required under section 1111(b)(3) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 (b)(3)), 
especially in mathematics, science, and reading, identified 
by ethnicity, race, and gender; 
(B) the rate of student entrance into institutions of 
higher education, identified by ethnicity, race, and gender, 
by type of institution, and barriers to access to institutions 
of higher education; 
(C) the rates of— 
(i) students successfully completing postsecondary 
education programs, identified by ethnicity, race, and 
gender; and 
(ii) certificates, associate degrees, and bacca-
laureate degrees awarded in the fields of science, tech-
nology, engineering, and mathematics, identified by 
ethnicity, race, and gender; and 
(D) access to, and availability of, high quality job 
training programs. 
(b) REPORT REQUIRED.—Not later than 1 year after entering 
into the contract required by subsection (a) and 4 years after 
entering into such contract, the National Academy of Sciences shall 
submit to Congress a report on the study conducted under such 
subsection. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Office of Science and Technology Policy 
$1,000,000 for fiscal year 2008 for the purpose of carrying out 
the study required under this section. 
SEC. 1003. NATIONAL TECHNOLOGY AND INNOVATION MEDAL. 
Section 16 of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3711) is amended— 
(1) in the section heading, by striking ‘‘NATIONAL MEDAL’’ 
and inserting ‘‘NATIONAL
TECHNOLOGY
AND
INNOVATION 
MEDAL’’; and 
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121 STAT. 577 
PUBLIC LAW 110–69—AUG. 9, 2007 
(2) in subsection (a), by striking ‘‘Technology Medal’’ and 
inserting ‘‘Technology and Innovation Medal’’. 
SEC. 1004. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGINEERING, AND 
MATHEMATICS DAYS. 
It is the sense of Congress that the Director of the Office 
of Science and Technology Policy should— 
(1) encourage all elementary and middle schools to observe 
a Science, Technology, Engineering, and Mathematics Day twice 
in every school year for the purpose of bringing in science, 
technology, engineering, and mathematics mentors to provide 
hands-on lessons to excite and inspire students to pursue the 
science, technology, engineering, and mathematics fields 
(including continuing education and career paths); 
(2) initiate a program, in consultation with Federal agencies 
and departments, to provide support systems, tools (from 
existing outreach offices), and mechanisms to allow and encour-
age 
Federal 
employees 
with 
scientific, 
technological, 
engineering, or mathematical responsibilities to reach out to 
local classrooms on such Science, Technology, Engineering, and 
Mathematics Days to instruct and inspire school children, 
focusing on real life science, technology, engineering, and 
mathematics-related applicable experiences along with hands- 
on demonstrations in order to demonstrate the advantages 
and direct applications of studying the science, technology, 
engineering, and mathematics fields; and 
(3) promote Science, Technology, Engineering, and Mathe-
matics Days involvement by private sector and institutions 
of higher education employees, including partnerships with sci-
entific, engineering, and mathematical professional organiza-
tions representing individuals identified in section 33 or 34 
of the Science and Engineering Equal Opportunities Act (42 
U.S.C. 1885a or 1885b), in a manner similar to the Federal 
employee involvement described in paragraph (2). 
SEC. 1005. STUDY OF SERVICE SCIENCE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that, 
in order to strengthen the competitiveness of United States enter-
prises and institutions and to prepare the people of the United 
States for high-wage, high-skill employment, the Federal Govern-
ment should better understand and respond strategically to the 
emerging management and learning discipline known as service 
science. 
(b) STUDY.—Not later than 1 year after the date of the enact-
ment of this Act, the Director of the Office of Science and Technology 
Policy shall, through the National Academy of Sciences, conduct 
a study and report to Congress on how the Federal Government 
should support, through research, education, and training, the 
emerging management and learning discipline known as service 
science. 
(c) OUTSIDE RESOURCES.—In conducting the study under sub-
section (b), the National Academy of Sciences shall consult with 
leaders from 2- and 4-year institutions of higher education, as 
defined in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a)), leaders from corporations, and other relevant 
parties. 
(d) SERVICE SCIENCE DEFINED.—In this section, the term 
‘‘service science’’ means curricula, training, and research programs 
Deadline. 
Reports. 
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121 STAT. 578 
PUBLIC LAW 110–69—AUG. 9, 2007 
that are designed to teach individuals to apply scientific, 
engineering, and management disciplines that integrate elements 
of computer science, operations research, industrial engineering, 
business strategy, management sciences, and social and legal 
sciences, in order to encourage innovation in how organizations 
create value for customers and shareholders that could not be 
achieved through such disciplines working in isolation. 
SEC. 1006. PRESIDENT’S COUNCIL ON INNOVATION AND COMPETITIVE-
NESS. 
(a) IN GENERAL.—The President shall establish a President’s 
Council on Innovation and Competitiveness. 
(b) DUTIES.—The duties of the Council shall include— 
(1) monitoring implementation of public laws and initia-
tives for promoting innovation, including policies related to 
research funding, taxation, immigration, trade, and education 
that are proposed in this Act or in any other Act; 
(2) providing advice to the President with respect to global 
trends in competitiveness and innovation and allocation of Fed-
eral resources in education, job training, and technology 
research and development considering such global trends in 
competitiveness and innovation; 
(3) in consultation with the Director of the Office of 
Management and Budget, developing a process for using metrics 
to assess the impact of existing and proposed policies and 
rules that affect innovation capabilities in the United States; 
(4) identifying opportunities and making recommendations 
for the heads of executive agencies to improve innovation, moni-
toring, and reporting on the implementation of such rec-
ommendations; 
(5) developing metrics for measuring the progress of the 
Federal Government with respect to improving conditions for 
innovation, including through talent development, investment, 
and infrastructure improvements; and 
(6) submitting to the President and Congress an annual 
report on such progress. 
(c) MEMBERSHIP AND COORDINATION.— 
(1) MEMBERSHIP.—The Council shall be composed of the 
Secretary or head of each of the following: 
(A) The Department of Commerce. 
(B) The Department of Defense. 
(C) The Department of Education. 
(D) The Department of Energy. 
(E) The Department of Health and Human Services. 
(F) The Department of Homeland Security. 
(G) The Department of Labor. 
(H) The Department of the Treasury. 
(I) The National Aeronautics and Space Administra-
tion. 
(J) The Securities and Exchange Commission. 
(K) The National Science Foundation. 
(L) The Office of the United States Trade Representa-
tive. 
(M) The Office of Management and Budget. 
(N) The Office of Science and Technology Policy. 
(O) The Environmental Protection Agency. 
(P) The Small Business Administration. 
Establishment. 
15 USC 3718. 
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121 STAT. 579 
PUBLIC LAW 110–69—AUG. 9, 2007 
(Q) Any other department or agency designated by 
the President. 
(2) CHAIRPERSON.—The Secretary of Commerce shall serve 
as Chairperson of the Council. 
(3) COORDINATION.—The Chairperson of the Council shall 
ensure appropriate coordination between the Council and the 
National Economic Council, the National Security Council, and 
the National Science and Technology Council. 
(4) MEETINGS.—The Council shall meet on a semi-annual 
basis at the call of the Chairperson and the initial meeting 
of the Council shall occur not later than 6 months after the 
date of the enactment of this Act. 
(d) DEVELOPMENT OF INNOVATION AGENDA.— 
(1) IN GENERAL.—The Council shall develop a comprehen-
sive agenda for strengthening the innovation and competitive-
ness capabilities of the Federal Government, State govern-
ments, academia, and the private sector in the United States. 
(2) CONTENTS.—The comprehensive agenda required by 
paragraph (1) shall include the following: 
(A) An assessment of current strengths and weaknesses 
of the United States investment in research and develop-
ment. 
(B) Recommendations for addressing weaknesses and 
maintaining the United States as a world leader in research 
and development and technological innovation, including 
strategies for increasing the participation of individuals 
identified in section 33 or 34 of the Science and Engineering 
Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in 
science, technology, engineering, and mathematics fields. 
(C) Recommendations for strengthening the innovation 
and competitiveness capabilities of the Federal Govern-
ment, State governments, academia, and the private sector 
in the United States. 
(3) ADVISORS.— 
(A) RECOMMENDATION.—Not later than 30 days after 
the date of the enactment of this Act, the National Academy 
of Sciences, in consultation with the National Academy 
of Engineering, the Institute of Medicine, and the National 
Research Council, shall develop and submit to the President 
a list of 50 individuals that are recommended to serve 
as advisors to the Council during the development of the 
comprehensive agenda required by paragraph (1). The list 
of advisors shall include appropriate representatives from 
the following: 
(i) The private sector of the economy. 
(ii) Labor. 
(iii) Various fields including information tech-
nology, energy, engineering, high-technology manufac-
turing, health care, and education. 
(iv) Scientific organizations. 
(v) Academic organizations and other nongovern-
mental organizations working in the area of science 
or technology. 
(vi) Nongovernmental organizations, such as 
professional organizations, that represent individuals 
identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C. 1885a 
Deadline. 
Deadline. 
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121 STAT. 580 
PUBLIC LAW 110–69—AUG. 9, 2007 
or 1885b) in the areas of science, engineering, tech-
nology, and mathematics. 
(B) DESIGNATION.—Not later than 30 days after the 
date that the National Academy of Sciences submits the 
list of recommended individuals to serve as advisors, the 
President shall designate 50 individuals to serve as 
advisors to the Council. 
(C) REQUIREMENT
TO
CONSULT.—The Council shall 
develop the comprehensive agenda required by paragraph 
(1) in consultation with the advisors. 
(4) INITIAL SUBMISSION AND UPDATES.— 
(A) INITIAL SUBMISSION.—Not later than 1 year after 
the date of the enactment of this Act, the Council shall 
submit to Congress and the President the comprehensive 
agenda required by paragraph (1). 
(B) UPDATES.—At least once every 2 years, the Council 
shall update the comprehensive agenda required by para-
graph (1) and submit each such update to Congress and 
the President. 
(e) OPTIONAL ASSIGNMENT.—Notwithstanding subsection (a) 
and paragraphs (1) and (2) of subsection (c), the President may 
designate an existing council to carry out the requirements of 
this section. 
SEC. 1007. NATIONAL COORDINATION OF RESEARCH INFRASTRUC-
TURE. 
(a) IDENTIFICATION
AND PRIORITIZATION
OF DEFICIENCIES
IN 
FEDERAL RESEARCH FACILITIES.—Each year the Director of the 
Office of Science and Technology Policy shall, through the National 
Science and Technology Council, identify and prioritize the defi-
ciencies in research facilities and major instrumentation located 
at Federal laboratories and national user facilities at academic 
institutions that are widely accessible for use by researchers in 
the United States. In prioritizing such deficiencies, the Director 
shall consider research needs in areas relevant to the specific mis-
sion requirements of Federal agencies. 
(b) PLANNING FOR ACQUISITION, REFURBISHMENT, AND MAINTE-
NANCE OF RESEARCH FACILITIES AND MAJOR INSTRUMENTATION.— 
The Director shall, through the National Science and Technology 
Council, coordinate the planning by Federal agencies for the acquisi-
tion, refurbishment, and maintenance of research facilities and 
major instrumentation to address the deficiencies identified under 
subsection (a). 
(c) REPORT.—The Director shall submit to Congress each year, 
together with documents submitted to Congress in support of the 
budget of the President for the fiscal year beginning in such year 
(as submitted pursuant to section 1105 of title 31, United States 
Code), a report, current as of the fiscal year ending in the year 
before such report is submitted, setting forth the following: 
(1) A description of the deficiencies in research infrastruc-
ture identified in accordance with subsection (a). 
(2) A list of projects and budget proposals of Federal 
research facilities, set forth by agency, for major instrumenta-
tion acquisitions that are included in the budget proposal of 
the President. 
42 USC 6619. 
Deadlines. 
Deadline. 
President. 
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121 STAT. 581 
PUBLIC LAW 110–69—AUG. 9, 2007 
(3) An explanation of how the projects and instrumentation 
acquisitions described in paragraph (2) relate to the deficiencies 
and priorities identified pursuant to subsection (a). 
SEC. 1008. SENSE OF CONGRESS ON INNOVATION ACCELERATION 
RESEARCH. 
(a) SENSE
OF CONGRESS
ON SUPPORT
AND PROMOTION
OF 
INNOVATION IN THE UNITED STATES.—It is the sense of Congress 
that each Federal research agency should strive to support and 
promote innovation in the United States through high-risk, high- 
reward basic research projects that— 
(1) meet fundamental technological or scientific challenges; 
(2) involve multidisciplinary work; and 
(3) involve a high degree of novelty. 
(b) SENSE OF CONGRESS ON SETTING ANNUAL FUNDING GOALS 
FOR BASIC RESEARCH.—It is the sense of Congress that each Execu-
tive agency that funds research in science, technology, engineering, 
or mathematics should set a goal of allocating an appropriate 
percentage of the annual basic research budget of such agency 
to funding high-risk, high-reward basic research projects described 
in subsection (a). 
(c) REPORT.—Each Executive agency described in subsection 
(b) shall submit to Congress each year, together with documents 
submitted to Congress in support of the budget of the President 
for the fiscal year beginning in such year (as submitted pursuant 
to section 1105 of title 31, United States Code), a report describing 
whether a funding goal as described in subsection (b) has been 
established, and if such a goal has been established, the following: 
(1) A description of such funding goal. 
(2) Whether such funding goal is being met by the agency. 
(3) A description of activities supported by amounts allo-
cated in accordance with such funding goal. 
(d) DEFINITIONS.—In this section: 
(1) BASIC RESEARCH.—The term ‘‘basic research’’ has the 
meaning given such term in the Office of Management and 
Budget Circular No. A–11. 
(2) EXECUTIVE AGENCY.—The term ‘‘Executive agency’’ has 
the meaning given such term in section 105 of title 5, United 
States Code. 
SEC. 1009. RELEASE OF SCIENTIFIC RESEARCH RESULTS. 
(a) PRINCIPLES.—Not later than 90 days after the date of the 
enactment of this Act, the Director of the Office of Science and 
Technology Policy, in consultation with the Director of the Office 
of Management and Budget and the heads of all Federal civilian 
agencies that conduct scientific research, shall develop and issue 
an overarching set of principles to ensure the communication and 
open exchange of data and results to other agencies, policymakers, 
and the public of research conducted by a scientist employed by 
a Federal civilian agency and to prevent the intentional or uninten-
tional suppression or distortion of such research findings. The prin-
ciples shall encourage the open exchange of data and results of 
research undertaken by a scientist employed by such an agency 
and shall be consistent with existing Federal laws, including chapter 
18 of title 35, United States Code (commonly known as the ‘‘Bayh- 
Dole Act’’). The principles shall also take into consideration the 
policies of peer-reviewed scientific journals in which Federal sci-
entists may currently publish results. 
Deadline. 
42 USC 6620. 
42 USC 6603. 
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121 STAT. 582 
PUBLIC LAW 110–69—AUG. 9, 2007 
(b) IMPLEMENTATION.—Not later than 180 days after the date 
of the enactment of this Act, the Director of the Office of Science 
and Technology Policy shall ensure that all civilian Federal agencies 
that conduct scientific research develop specific policies and proce-
dures regarding the public release of data and results of research 
conducted by a scientist employed by such an agency consistent 
with the principles established under subsection (a). Such polices 
and procedures shall— 
(1) specifically address what is and what is not permitted 
or recommended under such policies and procedures; 
(2) be specifically designed for each such agency; 
(3) be applied uniformly throughout each such agency; and 
(4) be widely communicated and readily accessible to all 
employees of each such agency and the public. 
TITLE II—NATIONAL AERONAUTICS 
AND SPACE ADMINISTRATION 
SEC. 2001. NASA’S CONTRIBUTION TO INNOVATION. 
(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The National 
Aeronautics and Space Administration shall be a full participant 
in any interagency effort to promote innovation and economic 
competitiveness through near-term and long-term basic scientific 
research and development and the promotion of science, technology, 
engineering, and mathematics education, consistent with the 
National Aeronautics and Space Administration’s mission, including 
authorized activities. 
(b) HISTORIC FOUNDATION.—In order to carry out the participa-
tion described in subsection (a), the Administrator of the National 
Aeronautics and Space Administration shall build on the historic 
role of the National Aeronautics and Space Administration in stimu-
lating excellence in the advancement of physical science and 
engineering disciplines and in providing opportunities and incen-
tives for the pursuit of academic studies in science, technology, 
engineering, and mathematics. 
(c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION 
LEVELS.—The balanced science program authorized by section 
101(d) of the National Aeronautics and Space Administration 
Authorization Act of 2005 (42 U.S.C. 16611) shall be an element 
of the contribution by the National Aeronautics and Space Adminis-
tration to such interagency programs. 
(d) SENSE OF CONGRESS ON CONTRIBUTION OF APPROPRIATELY 
FUNDED NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION.— 
It is the sense of Congress that a robust National Aeronautics 
and Space Administration, funded at the levels authorized for fiscal 
years 2007 and 2008 under sections 202 and 203 of the National 
Aeronautics and Space Administration Authorization Act of 2005 
(42 U.S.C. 16631 and 16632) and at appropriate levels in subsequent 
fiscal years— 
(1) can contribute significantly to innovation in, and the 
competitiveness of, the United States; 
(2) would enable a fair balance among science, aeronautics, 
education, exploration, and human space flight programs; and 
(3) would allow full participation in any interagency efforts 
to promote innovation and economic competitiveness. 
(e) ANNUAL REPORT.— 
42 USC 16611a. 
Deadline. 
Procedures. 
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121 STAT. 583 
PUBLIC LAW 110–69—AUG. 9, 2007 
(1) REQUIREMENT.—The Administrator shall submit to Con-
gress and the President an annual report describing the activi-
ties conducted pursuant to this section, including a description 
of the goals and the objective metrics upon which funding 
decisions were made. 
(2) CONTENT.—Each report submitted pursuant to para-
graph (1) shall include, with regard to science, technology, 
engineering, and mathematics education programs, at a min-
imum, the following: 
(A) A description of each program. 
(B) The amount spent on each program. 
(C) The number of students or teachers served by 
each program. 
(f) ASSESSMENT PLAN.—Not later than 1 year after the date 
of the enactment of this Act, the Administrator shall submit to 
Congress a report on its plan for instituting assessments of the 
effectiveness of the National Aeronautics and Space Administra-
tion’s science, technology, engineering, and mathematics education 
programs in improving student achievement, including with regard 
to challenging State achievement standards. 
SEC. 2002. AERONAUTICS. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the aeronautics research and development program of the National 
Aeronautics and Space Administration has been an important 
contributor to innovation and to the competitiveness of the United 
States and the National Aeronautics and Space Administration 
should maintain its capabilities to advance the state of aeronautics. 
(b) COOPERATION WITH OTHER AGENCIES
ON AERONAUTICS 
ACTIVITIES.—The Administrator shall coordinate, as appropriate, 
the National Aeronautics and Space Administration’s aeronautics 
activities with relevant programs in the Department of Transpor-
tation, the Department of Defense, the Department of Commerce, 
and the Department of Homeland Security, including the activities 
of the Joint Planning and Development Office established under 
section 709 of the Vision 100–Century of Aviation Reauthorization 
Act (Public Law 108–176; 117 Stat. 2582). 
SEC. 2003. BASIC RESEARCH ENHANCEMENT. 
(a) IN GENERAL.—The Administrator of the National Aero-
nautics and Space Administration, the Director of the National 
Science Foundation, the Secretary of Energy, the Secretary of 
Defense, and Secretary of Commerce shall, to the extent practicable, 
coordinate basic research activities related to physical sciences, 
technology, engineering, and mathematics. 
(b) BASIC RESEARCH DEFINED.—In this section, the term ‘‘basic 
research’’ has the meaning given such term in Office of Management 
and Budget Circular No. A–11. 
SEC. 2004. AGING WORKFORCE ISSUES PROGRAM. 
It is the sense of Congress that the Administrator of the 
National Aeronautics and Space Administration should implement 
a program to address aging work force issues in aerospace that— 
(1) documents technical and management experiences 
before senior people leave the National Aeronautics and Space 
Administration, including— 
(A) documenting lessons learned; 
(B) briefing organizations; 
42 USC 16658. 
42 USC 16712. 
Deadline. 
Reports. 
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121 STAT. 584 
PUBLIC LAW 110–69—AUG. 9, 2007 
(C) providing opportunities for archiving lessons in 
a database; and 
(D) providing opportunities for near-term retirees to 
transition out early from their primary assignment in order 
to document their career lessons learned and brief new 
employees prior to their separation from the National Aero-
nautics and Space Administration; 
(2) provides incentives for retirees to return and teach 
new employees about their career lessons and experiences; and 
(3) provides for the development of an award to recognize 
and reward outstanding senior employees for their contribu-
tions to knowledge sharing. 
SEC. 2005. SENSE OF CONGRESS REGARDING NASA’S UNDERGRADUATE 
STUDENT RESEARCH PROGRAM. 
It is the sense of Congress that in order to generate interest 
in careers in science, technology, engineering, and mathematics 
and to help train the next generation of space and aeronautical 
scientists, technologists, engineers, and mathematicians the 
Administrator of the National Aeronautics and Space Administra-
tion should utilize the existing Undergraduate Student Research 
Program of the National Aeronautics and Space Administration 
to support basic research projects on subjects of relevance to the 
National Aeronautics and Space Administration that— 
(1) are to be carried out primarily by undergraduate stu-
dents; and 
(2) combine undergraduate research with other research 
supported by the National Aeronautics and Space Administra-
tion. 
SEC. 2006. USE OF INTERNATIONAL SPACE STATION NATIONAL LAB-
ORATORY TO SUPPORT MATH AND SCIENCE EDUCATION 
AND COMPETITIVENESS. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the International Space Station National Laboratory offers unique 
opportunities for educational activities and provides a unique 
resource for research and development in science, technology, and 
engineering, which can enhance the global competitiveness of the 
United States. 
(b) DEVELOPMENT OF EDUCATIONAL PROJECTS.—The Adminis-
trator of the National Aeronautics and Space Administration shall 
develop a detailed plan for implementation of 1 or more education 
projects that utilize the resources offered by the International Space 
Station. In developing any detailed plan according to this para-
graph, the Administrator shall make use of the findings and rec-
ommendations of the International Space Station National Labora-
tory Education Concept Development Task Force. 
(c) DEVELOPMENT OF RESEARCH PLANS FOR COMPETITIVENESS 
ENHANCEMENT.—The Administrator shall develop a detailed plan 
for identification and support of research to be conducted aboard 
the International Space Station, which offers the potential for 
enhancement of United States competitiveness in science, tech-
nology, and engineering. In developing any detailed plan pursuant 
to this subsection, the Administrator shall consult with agencies 
and entities with which cooperative agreements have been reached 
regarding utilization of International Space Station National Lab-
oratory facilities. 
Plans. 
42 USC 2451 
note. 
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121 STAT. 585 
PUBLIC LAW 110–69—AUG. 9, 2007 
TITLE III—NATIONAL INSTITUTE OF 
STANDARDS AND TECHNOLOGY 
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 
(a) SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES.— 
(1) LABORATORY ACTIVITIES.—There are authorized to be 
appropriated to the Secretary of Commerce for the scientific 
and technical research and services laboratory activities of the 
National Institute of Standards and Technology— 
(A) $502,100,000 for fiscal year 2008; 
(B) $541,900,000 for fiscal year 2009; and 
(C) $584,800,000 for fiscal year 2010. 
(2) CONSTRUCTION AND MAINTENANCE.—There are author-
ized to be appropriated to the Secretary of Commerce for 
construction and maintenance of facilities of the National 
Institute of Standards and Technology— 
(A) $150,900,000 for fiscal year 2008; 
(B) $86,400,000 for fiscal year 2009; and 
(C) $49,700,000 for fiscal year 2010. 
(b) INDUSTRIAL TECHNOLOGY SERVICES.—There are authorized 
to be appropriated to the Secretary of Commerce for Industrial 
Technology Services activities of the National Institute of Standards 
and Technology— 
(1) $210,000,000 for fiscal year 2008, of which— 
(A) $100,000,000 shall be for the Technology Innovation 
Program under section 28 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278n), of which 
at least $40,000,000 shall be for new awards; and 
(B) $110,000,000 shall be for the Manufacturing Exten-
sion Partnership program under sections 25 and 26 of 
the National Institute of Standards and Technology Act 
(15 U.S.C. 278k and 278l), of which not more than 
$1,000,000 shall be for the competitive grant program 
under section 25(f) of such Act; 
(2) $253,500,000 for fiscal year 2009, of which— 
(A) $131,500,000 shall be for the Technology Innovation 
Program under section 28 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278n), of which 
at least $40,000,000 shall be for new awards; and 
(B) $122,000,000 shall be for the Manufacturing Exten-
sion Partnership Program under sections 25 and 26 of 
the National Institute of Standards and Technology Act 
(15 U.S.C. 278k and 278l), of which not more than 
$4,000,000 shall be for the competitive grant program 
under section 25(f) of such Act; and 
(3) $272,300,000 for fiscal year 2010, of which— 
(A) $140,500,000 shall be for the Technology Innovation 
Program under section 28 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278n), of which 
at least $40,000,000 shall be for new awards; and 
(B) $131,800,000 shall be for the Manufacturing Exten-
sion Partnership Program under sections 25 and 26 of 
the National Institute of Standards and Technology Act 
(15 U.S.C. 278k and 278l), of which not more than 
$4,000,000 shall be for the competitive grant program 
under section 25(f) of such Act. 
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121 STAT. 586 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 3002. AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY 
INNOVATION ACT OF 1980. 
(a) IN GENERAL.—Section 5 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3704) is amended— 
(1) by striking subsections (a) through (e); 
(2) by redesignating subsection (f) as subsection (a); 
(3) in subsection (a), as redesignated by paragraph (2)— 
(A) in paragraph (1), by striking ‘‘The Secretary, acting 
through the Under Secretary, shall establish for fiscal year 
1999’’ and inserting ‘‘Beginning in fiscal year 1999, the 
Secretary shall establish’’; 
(B) by striking ‘‘, acting through the Under Secretary,’’ 
each place it appears; 
(C) by redesignating paragraph (6) as subsection (b); 
(D) by striking paragraph (7); and 
(E) in the subsection heading, by striking ‘‘EXPERI-
MENTAL
PROGRAM
TO
STIMULATE
COMPETITIVE
TECH-
NOLOGY’’ and inserting ‘‘PROGRAM ESTABLISHMENT’’; 
(4) in subsection (b), as redesignated by paragraph (3)(C), 
by striking ‘‘this subsection’’ and inserting ‘‘subsection (a)’’; 
and 
(5) in the section heading by striking ‘‘COMMERCE AND 
TECHNOLOGICAL INNOVATION’’ and inserting ‘‘EXPERIMENTAL 
PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY’’. 
(b) CONSTRUCTION.—The amendments made by subsection (a) 
shall not be construed to eliminate the National Institute of Stand-
ards and Technology or the National Technical Information Service. 
(c) CONFORMING AMENDMENTS.— 
(1) TITLE 5, UNITED STATES CODE.—Section 5314 of title 
5, United States Code, is amended by striking ‘‘Under Secretary 
of Commerce for Technology.’’. 
(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— 
The National Institute of Standards and Technology Act (15 
U.S.C. 271 et seq.) is amended— 
(A) in section 2 of such Act (15 U.S.C. 272)— 
(i) in subsection (b), by striking ‘‘and, if appro-
priate, through other officials,’’; and 
(ii) in subsection (c), by striking ‘‘and, if appro-
priate, through other appropriate officials,’’; and 
(B) in section 5 of such Act (15 U.S.C. 274), by striking 
‘‘The Director shall have the general’’ and inserting ‘‘The 
Director shall report directly to the Secretary and shall 
have the general’’. 
(3) DEFINITIONS.—Section 4 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3703) is amended— 
(A) by striking paragraphs (1) and (3); and 
(B) by redesignating paragraphs (2) through (13) as 
paragraphs (1) through (11), respectively. 
(4) FUNCTIONS OF SECRETARY.—Section 11(g)(1) of such Act 
(15 U.S.C. 3710(g)(1)) is amended by striking ‘‘through the 
Under Secretary, and’’. 
(5) REPEAL OF AUTHORIZATION.—Section 21(a) of such Act 
(15 U.S.C. 3713(a)) is amended— 
(A) in paragraph (1), by striking ‘‘sections 5, 11(g), 
and 16’’ and inserting ‘‘sections 11(g) and 16’’; and 
(B) in paragraph (2), by striking ‘‘$500,000 is author-
ized only for the purpose of carrying out the requirements 
15 USC 3704 
note. 
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121 STAT. 587 
PUBLIC LAW 110–69—AUG. 9, 2007 
of the Japanese technical literature program established 
under section 5(d) of this Act;’’. 
(6) HIGH-PERFORMANCE COMPUTING ACT OF 1991.—Section 
208 of the High-Performance Computing Act of 1991 (15 U.S.C. 
5528) is amended by striking subsection (c) and redesignating 
subsection (d) as subsection (c). 
(7) 
ASSISTIVE
TECHNOLOGY
ACT
OF
1998.—Section 
6(b)(4)(B)(v) of the Assistive Technology Act of 1998 (29 U.S.C. 
3005(b)(4)(B)(v)) is amended by striking ‘‘the Technology 
Administration of the Department of Commerce,’’ and inserting 
‘‘the National Institute of Standards and Technology,’’. 
SEC. 3003. MANUFACTURING EXTENSION PARTNERSHIP. 
(a) CLARIFICATION OF ELIGIBLE CONTRIBUTIONS IN CONNECTION 
WITH REGIONAL CENTERS RESPONSIBLE
FOR IMPLEMENTING
THE 
OBJECTIVES OF THE PROGRAM.—Paragraph (3) of section 25(c) of 
the National Institute of Standards and Technology Act (15 U.S.C. 
278k(c)(3)) is amended to read as follows: 
‘‘(3)(A) Any nonprofit institution, or group thereof, or consortia 
of nonprofit institutions, including entities existing on August 23, 
1988, may submit to the Secretary an application for financial 
support under this subsection, in accordance with the procedures 
established by the Secretary and published in the Federal Register 
under paragraph (2). 
‘‘(B) In order to receive assistance under this section, an 
applicant for financial assistance under subparagraph (A) shall 
provide adequate assurances that non-Federal assets obtained from 
the applicant and the applicant’s partnering organizations will be 
used as a funding source to meet not less than 50 percent of 
the costs incurred for the first 3 years and an increasing share 
for each of the last 3 years. For purposes of the preceding sentence, 
the costs incurred means the costs incurred in connection with 
the activities undertaken to improve the management, productivity, 
and technological performance of small- and medium-sized manufac-
turing companies. 
‘‘(C) In meeting the 50 percent requirement, it is anticipated 
that a Center will enter into agreements with other entities such 
as private industry, universities, and State governments to accom-
plish programmatic objectives and access new and existing resources 
that will further the impact of the Federal investment made on 
behalf of small- and medium-sized manufacturing companies. All 
non-Federal costs, contributed by such entities and determined 
by a Center as programmatically reasonable and allocable under 
MEP program procedures are includable as a portion of the Center’s 
contribution. 
‘‘(D) Each applicant under subparagraph (A) shall also submit 
a proposal for the allocation of the legal rights associated with 
any invention which may result from the proposed Center’s activi-
ties.’’. 
(b) MANUFACTURING CENTER EVALUATION.—Paragraph (5) of 
section 25(c) of the National Institute of Standards and Technology 
Act (15 U.S.C. 278k(c)(5)) is amended by inserting ‘‘A Center that 
has not received a positive evaluation by the evaluation panel 
shall be notified by the panel of the deficiencies in its performance 
and shall be placed on probation for one year, after which time 
the panel shall reevaluate the Center. If the Center has not 
Notification. 
Proposal. 
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121 STAT. 588 
PUBLIC LAW 110–69—AUG. 9, 2007 
addressed the deficiencies identified by the panel, or shown a signifi-
cant improvement in its performance, the Director shall conduct 
a new competition to select an operator for the Center or may 
close the Center.’’ after ‘‘at declining levels.’’. 
(c) FEDERAL SHARE.—Section 25 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278k) is amended by 
striking subsection (d) and inserting the following: 
‘‘(d) ACCEPTANCE OF FUNDS.— 
‘‘(1) IN GENERAL.—In addition to such sums as may be 
appropriated to the Secretary and Director to operate the Cen-
ters program, the Secretary and Director also may accept funds 
from other Federal departments and agencies and under section 
2(c)(7) from the private sector for the purpose of strengthening 
United States manufacturing. 
‘‘(2) ALLOCATION OF FUNDS.— 
‘‘(A) FUNDS ACCEPTED FROM OTHER FEDERAL DEPART-
MENTS
OR
AGENCIES.—The Director shall determine 
whether funds accepted from other Federal departments 
or agencies shall be counted in the calculation of the Fed-
eral share of capital and annual operating and maintenance 
costs under subsection (c). 
‘‘(B) FUNDS ACCEPTED FROM THE PRIVATE SECTOR.— 
Funds accepted from the private sector under section 
2(c)(7), if allocated to a Center, shall not be considered 
in the calculation of the Federal share under subsection 
(c) of this section.’’. 
(d) MEP ADVISORY BOARD.—Such section 25 is further amended 
by adding at the end the following: 
‘‘(e) MEP ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established within the 
Institute a Manufacturing Extension Partnership Advisory 
Board (in this subsection referred to as the ‘MEP Advisory 
Board’). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) IN GENERAL.—The MEP Advisory Board shall con-
sist of 10 members broadly representative of stakeholders, 
to be appointed by the Director. At least 2 members shall 
be employed by or on an advisory board for the Centers, 
and at least 5 other members shall be from United States 
small businesses in the manufacturing sector. No member 
shall be an employee of the Federal Government. 
‘‘(B) TERM.—Except as provided in subparagraph (C) 
or (D), the term of office of each member of the MEP 
Advisory Board shall be 3 years. 
‘‘(C) CLASSES.—The original members of the MEP 
Advisory Board shall be appointed to 3 classes. One class 
of 3 members shall have an initial term of 1 year, one 
class of 3 members shall have an initial term of 2 years, 
and one class of 4 members shall have an initial term 
of 3 years. 
‘‘(D) VACANCIES.—Any member appointed to fill a 
vacancy occurring prior to the expiration of the term for 
which his predecessor was appointed shall be appointed 
for the remainder of such term. 
‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who 
has completed two consecutive full terms of service on 
the MEP Advisory Board shall thereafter be ineligible for 
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121 STAT. 589 
PUBLIC LAW 110–69—AUG. 9, 2007 
appointment during the one-year period following the 
expiration of the second such term. 
‘‘(3) MEETINGS.—The MEP Advisory Board shall meet not 
less than 2 times annually, and provide to the Director— 
‘‘(A) advice on Manufacturing Extension Partnership 
programs, plans, and policies; 
‘‘(B) assessments of the soundness of Manufacturing 
Extension Partnership plans and strategies; and 
‘‘(C) assessments of current performance against Manu-
facturing Extension Partnership program plans. 
‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—In discharging 
its duties under this subsection, the MEP Advisory Board shall 
function solely in an advisory capacity, in accordance with 
the Federal Advisory Committee Act. 
‘‘(5) REPORT.—The MEP Advisory Board shall transmit an 
annual report to the Secretary for transmittal to Congress 
within 30 days after the submission to Congress of the Presi-
dent’s annual budget request in each year. Such report shall 
address the status of the program established pursuant to 
this section and comment on the relevant sections of the pro-
grammatic planning document and updates thereto transmitted 
to Congress by the Director under subsections (c) and (d) of 
section 23.’’. 
(e) MANUFACTURING EXTENSION CENTER COMPETITIVE GRANT 
PROGRAM.—Such section 25 is further amended by adding at the 
end the following: 
‘‘(f) COMPETITIVE GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Director shall establish, within 
the Centers program under this section and section 26 of this 
Act, a program of competitive awards among participants 
described in paragraph (2) for the purposes described in para-
graph (3). 
‘‘(2) PARTICIPANTS.—Participants receiving awards under 
this subsection shall be the Centers, or a consortium of such 
Centers. 
‘‘(3) PURPOSE.—The purpose of the program under this 
subsection is to develop projects to solve new or emerging 
manufacturing problems as determined by the Director, in con-
sultation with the Director of the Centers program, the Manu-
facturing Extension Partnership Advisory Board, and small 
and medium-sized manufacturers. One or more themes for the 
competition may be identified, which may vary from year to 
year, depending on the needs of manufacturers and the success 
of previous competitions. These themes shall be related to 
projects associated with manufacturing extension activities, 
including supply chain integration and quality management, 
and including the transfer of technology based on the techno-
logical needs of manufacturers and available technologies from 
institutions of higher education, laboratories, and other tech-
nology producing entities, or extend beyond these traditional 
areas. 
‘‘(4) APPLICATIONS.—Applications for awards under this 
subsection shall be submitted in such manner, at such time, 
and containing such information as the Director shall require, 
in consultation with the Manufacturing Extension Partnership 
Advisory Board. 
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121 STAT. 590 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(5) SELECTION.—Awards under this subsection shall be 
peer reviewed and competitively awarded. The Director shall 
select proposals to receive awards— 
‘‘(A) that utilize innovative or collaborative approaches 
to solving the problem described in the competition; 
‘‘(B) that will improve the competitiveness of industries 
in the region in which the Center or Centers are located; 
and 
‘‘(C) that will contribute to the long-term economic 
stability of that region. 
‘‘(6) PROGRAM CONTRIBUTION.—Recipients of awards under 
this subsection shall not be required to provide a matching 
contribution.’’. 
SEC. 3004. INSTITUTE-WIDE PLANNING REPORT. 
Section 23 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278i) is amended by adding at the end 
the following: 
‘‘(c) THREE-YEAR
PROGRAMMATIC
PLANNING
DOCUMENT.— 
Concurrent with the submission to Congress of the President’s 
annual budget request in the first year after the date of enactment 
of this subsection, the Director shall submit to Congress a 3-year 
programmatic planning document for the Institute, including pro-
grams under the Scientific and Technical Research and Services, 
Industrial Technology Services, and Construction of Research Facili-
ties functions. 
‘‘(d) ANNUAL UPDATE ON THREE-YEAR PROGRAMMATIC PLANNING 
DOCUMENT.—Concurrent with the submission to the Congress of 
the President’s annual budget request in each year after the date 
of enactment of this subsection, the Director shall submit to Con-
gress an update to the 3-year programmatic planning document 
submitted under subsection (c), revised to cover the first 3 fiscal 
years after the date of that update.’’. 
SEC. 3005. REPORT BY VISITING COMMITTEE. 
Section 10(h)(1) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278(h)(1)) is amended— 
(1) by striking ‘‘on or before January 31 in each year’’ 
and inserting ‘‘not later than 30 days after the submittal to 
Congress of the President’s annual budget request in each 
year’’; and 
(2) by adding to the end the following: ‘‘Such report also 
shall comment on the programmatic planning document and 
updates thereto submitted to Congress by the Director under 
subsections (c) and (d) of section 23.’’. 
SEC. 3006. MEETINGS OF VISITING COMMITTEE ON ADVANCED TECH-
NOLOGY. 
Section 10(d) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278(d)) is amended by striking ‘‘quarterly’’ 
and inserting ‘‘twice each year’’. 
SEC. 3007. COLLABORATIVE MANUFACTURING RESEARCH PILOT 
GRANTS. 
The National Institute of Standards and Technology Act is 
amended— 
(1) by redesignating the first section 32 (15 U.S.C. 271 
note) as section 34 and moving it to the end of the Act; and 
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121 STAT. 591 
PUBLIC LAW 110–69—AUG. 9, 2007 
(2) by inserting before the section moved by paragraph 
(1) the following new section: 
‘‘SEC. 
33. 
COLLABORATIVE 
MANUFACTURING 
RESEARCH 
PILOT 
GRANTS. 
‘‘(a) AUTHORITY.— 
‘‘(1) ESTABLISHMENT.—The Director shall establish a pilot 
program of awards to partnerships among participants 
described in paragraph (2) for the purposes described in para-
graph (3). Awards shall be made on a peer-reviewed, competi-
tive basis. 
‘‘(2) PARTICIPANTS.—Such partnerships shall include at 
least— 
‘‘(A) 1 manufacturing industry partner; and 
‘‘(B) 1 nonindustry partner. 
‘‘(3) PURPOSE.—The purpose of the program under this 
section is to foster cost-shared collaborations among firms, edu-
cational institutions, research institutions, State agencies, and 
nonprofit organizations to encourage the development of innova-
tive, multidisciplinary manufacturing technologies. Partner-
ships receiving awards under this section shall conduct applied 
research to develop new manufacturing processes, techniques, 
or materials that would contribute to improved performance, 
productivity, and competitiveness of United States manufac-
turing, and build lasting alliances among collaborators. 
‘‘(b) PROGRAM CONTRIBUTION.—Awards under this section shall 
provide for not more than one-third of the costs of a partnership. 
Not more than an additional one-third of such costs may be obtained 
directly or indirectly from other Federal sources. 
‘‘(c) APPLICATIONS.—Applications for awards under this section 
shall be submitted in such manner, at such time, and containing 
such information as the Director shall require. Such applications 
shall describe at a minimum— 
‘‘(1) how each partner will participate in developing and 
carrying out the research agenda of the partnership; 
‘‘(2) the research that the grant would fund; and 
‘‘(3) how the research to be funded with the award would 
contribute to improved performance, productivity, and competi-
tiveness of the United States manufacturing industry. 
‘‘(d) SELECTION CRITERIA.—In selecting applications for awards 
under this section, the Director shall consider at a minimum— 
‘‘(1) the degree to which projects will have a broad impact 
on manufacturing; 
‘‘(2) the novelty and scientific and technical merit of the 
proposed projects; and 
‘‘(3) the demonstrated capabilities of the applicants to 
successfully carry out the proposed research. 
‘‘(e) DISTRIBUTION.—In selecting applications under this section 
the Director shall ensure, to the extent practicable, a distribution 
of overall awards among a variety of manufacturing industry sectors 
and a range of firm sizes. 
‘‘(f) DURATION.—In carrying out this section, the Director shall 
run a single pilot competition to solicit and make awards. Each 
award shall be for a 3-year period.’’. 
SEC. 3008. MANUFACTURING FELLOWSHIP PROGRAM. 
Section 18 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g–1) is amended— 
15 USC 278r. 
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121 STAT. 592 
PUBLIC LAW 110–69—AUG. 9, 2007 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Director 
is authorized’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) MANUFACTURING FELLOWSHIP PROGRAM.— 
‘‘(1) ESTABLISHMENT.—To promote the development of a 
robust research community working at the leading edge of 
manufacturing sciences, the Director shall establish a program 
to award— 
‘‘(A) postdoctoral research fellowships at the Institute 
for research activities related to manufacturing sciences; 
and 
‘‘(B) 
senior 
research 
fellowships 
to 
established 
researchers in industry or at institutions of higher edu-
cation who wish to pursue studies related to the manufac-
turing sciences at the Institute. 
‘‘(2) APPLICATIONS.—To be eligible for an award under this 
subsection, an individual shall submit an application to the 
Director at such time, in such manner, and containing such 
information as the Director may require. 
‘‘(3) STIPEND LEVELS.—Under this subsection, the Director 
shall provide stipends for postdoctoral research fellowships at 
a level consistent with the National Institute of Standards 
and Technology Postdoctoral Research Fellowship Program, and 
senior research fellowships at levels consistent with support 
for a faculty member in a sabbatical position.’’. 
SEC. 3009. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES. 
(a) IN GENERAL.—The Director of the National Institute of 
Standards and Technology may procure the temporary or intermit-
tent services of experts or consultants (or organizations thereof) 
in accordance with section 3109(b) of title 5, United States Code, 
to assist with urgent or short-term research projects. 
(b) EXTENT OF AUTHORITY.—A procurement under this section 
may not exceed 1 year in duration, and the Director shall procure 
no more than 200 experts and consultants per year. 
(c) SUNSET.—This section shall cease to be effective after Sep-
tember 30, 2010. 
(d) REPORT TO CONGRESS.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General shall 
submit to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on whether additional safe-
guards would be needed with respect to the use of authorities 
granted under this section if such authorities were to be made 
permanent. 
SEC. 3010. MALCOLM BALDRIGE AWARDS. 
Section 17(c)(3) of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3711a(c)(3)) is amended to read as follows: 
‘‘(3) In any year, not more than 18 awards may be made 
under this section to recipients who have not previously received 
an award under this section, and no award shall be made within 
any category described in paragraph (1) if there are no qualifying 
enterprises in that category.’’. 
15 USC 275 note. 
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121 STAT. 593 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 3011. REPORT ON NATIONAL INSTITUTE OF STANDARDS AND 
TECHNOLOGY EFFORTS TO RECRUIT AND RETAIN EARLY 
CAREER SCIENCE AND ENGINEERING RESEARCHERS. 
Not later than 3 months after the date of the enactment of 
this Act, the Director of the National Institute of Standards and 
Technology shall submit to the Committee on Science and Tech-
nology of the House of Representatives and to the Committee on 
Commerce, Science, and Transportation of the Senate a report 
on efforts to recruit and retain young scientists and engineers 
at the early stages of their careers at the National Institute of 
Standards and Technology laboratories and joint institutes. The 
report shall include— 
(1) a description of National Institute of Standards and 
Technology policies and procedures, including financial incen-
tives, awards, promotions, time set aside for independent 
research, access to equipment or facilities, and other forms 
of recognition, designed to attract and retain young scientists 
and engineers; 
(2) an evaluation of the impact of these incentives on 
the careers of young scientists and engineers at the National 
Institute of Standards and Technology, and also on the quality 
of the research at the National Institute of Standards and 
Technology’s laboratories and in the National Institute of 
Standards and Technology’s programs; 
(3) a description of what barriers, if any, exist to efforts 
to recruit and retain young scientists and engineers, including 
limited availability of full time equivalent positions, legal and 
procedural requirements, and pay grading systems; and 
(4) the amount of funding devoted to efforts to recruit 
and retain young researchers and the source of such funds. 
SEC. 3012. TECHNOLOGY INNOVATION PROGRAM. 
(a) REPEAL OF ADVANCED TECHNOLOGY PROGRAM.—Section 28 
of the National Institute of Standards and Technology Act (15 
U.S.C. 278n) is repealed. 
(b) ESTABLISHMENT OF TECHNOLOGY INNOVATION PROGRAM.— 
The National Institute of Standards and Technology Act (15 U.S.C. 
271 et seq.) is amended by inserting after section 27 the following: 
‘‘SEC. 28. TECHNOLOGY INNOVATION PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established within the Institute 
a program linked to the purpose and functions of the Institute, 
to be known as the ‘Technology Innovation Program’ for the purpose 
of assisting United States businesses and institutions of higher 
education or other organizations, such as national laboratories and 
nonprofit research institutions, to support, promote, and accelerate 
innovation in the United States through high-risk, high-reward 
research in areas of critical national need. 
‘‘(b) EXTERNAL FUNDING.— 
‘‘(1) IN GENERAL.—The Director shall award competitive, 
merit-reviewed grants, cooperative agreements, or contracts 
to— 
‘‘(A) eligible companies that are small-sized businesses 
or medium-sized businesses; or 
‘‘(B) joint ventures. 
‘‘(2) SINGLE COMPANY AWARDS.—No award given to a single 
company shall exceed $3,000,000 over 3 years. 
15 USC 278n. 
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121 STAT. 594 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(3) JOINT VENTURE AWARDS.—No award given to a joint 
venture shall exceed $9,000,000 over 5 years. 
‘‘(4) FEDERAL COST SHARE.—The Federal share of a project 
funded by an award under the program shall not be more 
than 50 percent of total project costs. 
‘‘(5) PROHIBITIONS.—Federal funds awarded under this pro-
gram may be used only for direct costs and not for indirect 
costs, profits, or management fees of a contractor. Any business 
that is not a small-sized or medium-sized business may not 
receive any funding under this program. 
‘‘(c) AWARD CRITERIA.—The Director shall only provide assist-
ance under this section to an entity— 
‘‘(1) whose proposal has scientific and technical merit and 
may result in intellectual property vesting in a United States 
entity that can commercialize the technology in a timely 
manner; 
‘‘(2) whose application establishes that the proposed tech-
nology has strong potential to address critical national needs 
through transforming the Nation’s capacity to deal with major 
societal challenges that are not currently being addressed, and 
generate substantial benefits to the Nation that extend signifi-
cantly beyond the direct return to the applicant; 
‘‘(3) whose application establishes that the research has 
strong potential for advancing the state-of-the-art and contrib-
uting significantly to the United States science and technology 
knowledge base; 
‘‘(4) whose proposal explains why Technology Innovation 
Program support is necessary, including evidence that the 
research will not be conducted within a reasonable time period 
in the absence of financial assistance under this section; 
‘‘(5) whose application demonstrates that reasonable efforts 
have been made to secure funding from alternative funding 
sources and no other alternative funding sources are reasonably 
available to support the proposal; and 
‘‘(6) whose application explains the novelty of the tech-
nology and demonstrates that other entities have not already 
developed, commercialized, marketed, distributed, or sold 
similar technologies. 
‘‘(d) COMPETITIONS.—The Director shall solicit proposals at least 
annually to address areas of critical national need for high-risk, 
high-reward projects. 
‘‘(e) INTELLECTUAL PROPERTY RIGHTS OWNERSHIP.— 
‘‘(1) IN GENERAL.—Title to any intellectual property devel-
oped by a joint venture from assistance provided under this 
section may vest in any participant in the joint venture, as 
agreed by the members of the joint venture, notwithstanding 
section 202 (a) and (b) of title 35, United States Code. The 
United States may reserve a nonexclusive, nontransferable, 
irrevocable paid-up license, to have practice for or on behalf 
of the United States in connection with any such intellectual 
property, but shall not in the exercise of such license publicly 
disclose proprietary information related to the license. Title 
to any such intellectual property shall not be transferred or 
passed, except to a participant in the joint venture, until the 
expiration of the first patent obtained in connection with such 
intellectual property. 
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121 STAT. 595 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(2) LICENSING.—Nothing in this subsection shall be con-
strued to prohibit the licensing to any company of intellectual 
property rights arising from assistance provided under this 
section. 
‘‘(3) DEFINITION.—For purposes of this subsection, the term 
‘intellectual property’ means an invention patentable under 
title 35, United States Code, or any patent on such an invention, 
or any work for which copyright protection is available under 
title 17, United States Code. 
‘‘(f) PROGRAM OPERATION.—Not later than 9 months after the 
date of the enactment of this section, the Director shall promulgate 
regulations— 
‘‘(1) establishing criteria for the selection of recipients of 
assistance under this section; 
‘‘(2) establishing procedures regarding financial reporting 
and auditing to ensure that awards are used for the purposes 
specified in this section, are in accordance with sound 
accounting practices, and are not funding existing or planned 
research programs that would be conducted within a reasonable 
time period in the absence of financial assistance under this 
section; and 
‘‘(3) providing for appropriate dissemination of Technology 
Innovation Program research results. 
‘‘(g) ANNUAL REPORT.—The Director shall submit annually to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science and Technology of the House 
of Representatives a report describing the Technology Innovation 
Program’s activities, including a description of the metrics upon 
which award funding decisions were made in the previous fiscal 
year, any proposed changes to those metrics, metrics for evaluating 
the success of ongoing and completed awards, and an evaluation 
of ongoing and completed awards. The first annual report shall 
include best practices for management of programs to stimulate 
high-risk, high-reward research. 
‘‘(h) CONTINUATION
OF
ATP GRANTS.—The Director shall, 
through the Technology Innovation Program, continue to provide 
support originally awarded under the Advanced Technology Pro-
gram, in accordance with the terms of the original award and 
consistent with the goals of the Technology Innovation Program. 
‘‘(i) COORDINATION WITH OTHER STATE AND FEDERAL TECH-
NOLOGY PROGRAMS.—In carrying out this section, the Director shall, 
as appropriate, coordinate with other senior State and Federal 
officials to ensure cooperation and coordination in State and Federal 
technology programs and to avoid unnecessary duplication of efforts. 
‘‘(j) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL AGENCIES.— 
In addition to amounts appropriated to carry out this section, the 
Secretary and the Director may accept funds from other Federal 
agencies to support awards under the Technology Innovation Pro-
gram. Any award under this section which is supported with funds 
from other Federal agencies shall be selected and carried out 
according to the provisions of this section. Funds accepted from 
other Federal agencies shall be included as part of the Federal 
cost share of any project funded under this section. 
‘‘(k) TIP ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established within the 
Institute a TIP Advisory Board. 
‘‘(2) MEMBERSHIP.— 
Deadline. 
Regulations. 
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121 STAT. 596 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(A) IN GENERAL.—The TIP Advisory Board shall con-
sist of 10 members appointed by the Director, at least 
7 of whom shall be from United States industry, chosen 
to reflect the wide diversity of technical disciplines and 
industrial sectors represented in Technology Innovation 
Program projects. No member shall be an employee of 
the Federal Government. 
‘‘(B) TERM.—Except as provided in subparagraph (C) 
or (D), the term of office of each member of the TIP 
Advisory Board shall be 3 years. 
‘‘(C) CLASSES.—The original members of the TIP 
Advisory Board shall be appointed to 3 classes. One class 
of 3 members shall have an initial term of 1 year, one 
class of 3 members shall have an initial term of 2 years, 
and one class of 4 members shall have an initial term 
of 3 years. 
‘‘(D) VACANCIES.—Any member appointed to fill a 
vacancy occurring prior to the expiration of the term for 
which his predecessor was appointed shall be appointed 
for the remainder of such term. 
‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who 
has completed 2 consecutive full terms of service on the 
TIP Advisory Board shall thereafter be ineligible for 
appointment during the 1-year period following the expira-
tion of the second such term. 
‘‘(3) PURPOSE.—The TIP Advisory Board shall meet not 
less than 2 times annually, and provide the Director— 
‘‘(A) advice on programs, plans, and policies of the 
Technology Innovation Program; 
‘‘(B) reviews of the Technology Innovation Program’s 
efforts to accelerate the research and development of chal-
lenging, high-risk, high-reward technologies in areas of 
critical national need; 
‘‘(C) reports on the general health of the program and 
its effectiveness in achieving its legislatively mandated mis-
sion; and 
‘‘(D) guidance on investment areas that are appropriate 
for Technology Innovation Program funding; 
‘‘(4) ADVISORY CAPACITY.—In discharging its duties under 
this subsection, the TIP Advisory Board shall function solely 
in an advisory capacity, in accordance with the Federal 
Advisory Committee Act. 
‘‘(5) ANNUAL
REPORT.—The TIP Advisory Board shall 
transmit an annual report to the Secretary for transmittal 
to the Congress not later than 30 days after the submission 
to Congress of the President’s annual budget request in each 
year. Such report shall address the status of the Technology 
Innovation Program and comment on the relevant sections 
of the programmatic planning document and updates thereto 
transmitted to Congress by the Director under subsections (c) 
and (d) of section 23. 
‘‘(l) DEFINITIONS.—In this section— 
‘‘(1) the term ‘eligible company’ means a small-sized or 
medium-sized business that is incorporated in the United States 
and does a majority of its business in the United States, and 
that either— 
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121 STAT. 597 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(A) is majority owned by citizens of the United States; 
or 
‘‘(B) is owned by a parent company incorporated in 
another country and the Director finds that— 
‘‘(i) the company’s participation in the Technology 
Innovation Program would be in the economic interest 
of the United States, as evidenced by— 
‘‘(I) investments in the United States in 
research and manufacturing; 
‘‘(II) significant contributions to employment 
in the United States; and 
‘‘(III) agreement with respect to any tech-
nology arising from assistance provided under this 
section to promote the manufacture within the 
United States of products resulting from that tech-
nology; and 
‘‘(ii) the company is incorporated in a country 
which— 
‘‘(I) affords to United States-owned companies 
opportunities, comparable to those afforded to any 
other company, to participate in any joint venture 
similar to those receiving funding under this sec-
tion; 
‘‘(II) affords to United States-owned companies 
local investment opportunities comparable to those 
afforded any other company; and 
‘‘(III) affords adequate and effective protection 
for intellectual property rights of United States- 
owned companies; 
‘‘(2) the term ‘high-risk, high-reward research’ means 
research that— 
‘‘(A) has the potential for yielding transformational 
results with far-ranging or wide-ranging implications; 
‘‘(B) addresses critical national needs within the 
National Institute of Standards and Technology’s areas 
of technical competence; and 
‘‘(C) is too novel or spans too diverse a range of dis-
ciplines to fare well in the traditional peer-review process; 
‘‘(3) the term ‘institution of higher education’ has the 
meaning given that term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001); 
‘‘(4) the term ‘joint venture’ means a joint venture that— 
‘‘(A) includes either— 
‘‘(i) at least 2 separately owned for-profit compa-
nies that are both substantially involved in the project 
and both of which are contributing to the cost-sharing 
required under this section, with the lead entity of 
the joint venture being one of those companies that 
is a small-sized or medium-sized business; or 
‘‘(ii) at least 1 small-sized or medium-sized busi-
ness and 1 institution of higher education or other 
organization, such as a national laboratory or nonprofit 
research institute, that are both substantially involved 
in the project and both of which are contributing to 
the cost-sharing required under this section, with the 
lead entity of the joint venture being either that small- 
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121 STAT. 598 
PUBLIC LAW 110–69—AUG. 9, 2007 
sized or medium-sized business or that institution of 
higher education; and 
‘‘(B) may include additional for-profit companies, 
institutions of higher education, and other organizations, 
such as national laboratories and nonprofit research 
institutes, that may or may not contribute non-Federal 
funds to the project; and 
‘‘(5) the term ‘TIP Advisory Board’ means the advisory 
board established under subsection (k).’’. 
(c) TRANSITION.—Notwithstanding the repeal made by sub-
section (a), the Director shall carry out section 28 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278n) as 
such section was in effect on the day before the date of the enact-
ment of this Act, with respect to applications for grants under 
such section submitted before such date, until the earlier of— 
(1) the date that the Director promulgates the regulations 
required under section 28(f) of the National Institute of Stand-
ards and Technology Act, as added by subsection (b); or 
(2) December 31, 2007. 
SEC. 3013. TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE 
OF STANDARDS AND TECHNOLOGY ACT AND OTHER 
TECHNICAL AMENDMENTS. 
(a) RESEARCH
FELLOWSHIPS.—Section 18 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278g–l) is 
amended by striking ‘‘up to 1 per centum of the’’ and inserting 
‘‘up to 1.5 percent of the’’. 
(b) FINANCIAL AGREEMENTS CLARIFICATION.—Section 2(b)(4) of 
the National Institute of Standards and Technology Act (15 U.S.C. 
272(b)(4)) is amended by inserting ‘‘and grants and cooperative 
agreements,’’ after ‘‘arrangements,’’. 
(c) OUTDATED SPECIFICATIONS.— 
(1) REDEFINITION OF THE METRIC SYSTEM.—Section 3570 
of the Revised Statutes of the United States (derived from 
section 2 of the Act of July 28, 1866, entitled ‘‘An Act to 
authorize the Use of the Metric System of Weights and Meas-
ures’’ (15 U.S.C. 205; 14 Stat. 339)) is amended to read as 
follows: 
‘‘SEC. 3570. METRIC SYSTEM DEFINED. 
‘‘The metric system of measurement shall be defined as the 
International System of Units as established in 1960, and subse-
quently maintained, by the General Conference of Weights and 
Measures, and as interpreted or modified for the United States 
by the Secretary of Commerce.’’. 
(2) REPEAL OF REDUNDANT AND OBSOLETE AUTHORITY.— 
The Act of July 21, 1950, entitled, ‘‘An Act To redefine the 
units and establish the standards of electrical and photometric 
measurements.’’ (15 U.S.C. 223 and 224) is hereby repealed. 
(3) STANDARD TIME.—Section 1 of the Act of March 19, 
1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 261) 
is amended— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘For the 
purpose’’; 
(B) by striking the second sentence and the extra period 
after it and inserting ‘‘Except as provided in section 3(a) 
of the Uniform Time Act of 1966 (15 U.S.C. 260a), the 
15 USC 205. 
15 USC 278n 
note. 
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121 STAT. 599 
PUBLIC LAW 110–69—AUG. 9, 2007 
standard time of the first zone shall be Coordinated Uni-
versal Time retarded by 4 hours; that of the second zone 
retarded by 5 hours; that of the third zone retarded by 
6 hours; that of the fourth zone retarded by 7 hours; 
that of the fifth zone retarded 8 hours; that of the sixth 
zone retarded by 9 hours; that of the seventh zone retarded 
by 10 hours; that of the eighth zone retarded by 11 hours; 
and that of the ninth zone shall be Coordinated Universal 
Time advanced by 10 hours.’’; and 
(C) by adding at the end the following: 
‘‘(b) COORDINATED UNIVERSAL TIME DEFINED.—In this section, 
the term ‘Coordinated Universal Time’ means the time scale main-
tained through the General Conference of Weights and Measures 
and interpreted or modified for the United States by the Secretary 
of Commerce in coordination with the Secretary of the Navy.’’. 
(4) IDAHO TIME ZONE.—Section 3 of the Act of March 19, 
1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 264) 
is amended by striking ‘‘third zone’’ and inserting ‘‘fourth zone’’. 
(d) NON-ENERGY INVENTIONS PROGRAM.—Section 27 of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278m) is repealed. 
SEC. 3014. RETENTION OF DEPRECIATION SURCHARGE. 
Section 14 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278d) is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Within’’; and 
(2) by adding at the end the following: 
‘‘(b) RETENTION OF FEES.—The Director is authorized to retain 
all building use and depreciation surcharge fees collected pursuant 
to OMB Circular A–25. Such fees shall be collected and credited 
to the Construction of Research Facilities Appropriation Account 
for use in maintenance and repair of the Institute’s existing facili-
ties.’’. 
SEC. 3015. POST-DOCTORAL FELLOWS. 
Section 19 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g–2) is amended by striking ‘‘nor more 
than 60 new fellows’’ and inserting ‘‘nor more than 120 new fellows’’. 
TITLE IV—OCEAN AND ATMOSPHERIC 
PROGRAMS 
SEC. 4001. OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT 
PROGRAM. 
The Administrator of the National Oceanic and Atmospheric 
Administration, in consultation with the Director of the National 
Science Foundation and the Administrator of the National Aero-
nautics and Space Administration, shall establish a coordinated 
program of ocean, coastal, Great Lakes, and atmospheric research 
and development, in collaboration with academic institutions and 
other nongovernmental entities, that shall focus on the development 
of advanced technologies and analytical methods that will promote 
United States leadership in ocean and atmospheric science and 
competitiveness in the applied uses of such knowledge. 
33 USC 893. 
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121 STAT. 600 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION 
PROGRAMS. 
(a) IN GENERAL.—The Administrator of the National Oceanic 
and Atmospheric Administration shall conduct, develop, support, 
promote, and coordinate formal and informal educational activities 
at all levels to enhance public awareness and understanding of 
ocean, coastal, Great Lakes, and atmospheric science and steward-
ship by the general public and other coastal stakeholders, including 
underrepresented groups in ocean and atmospheric science and 
policy careers. In conducting those activities, the Administrator 
shall build upon the educational programs and activities of the 
agency. 
(b) NOAA SCIENCE EDUCATION PLAN.—The Administrator, 
appropriate National Oceanic and Atmospheric Administration pro-
grams, ocean atmospheric science and education experts, and 
interested members of the public shall develop a science education 
plan setting forth education goals and strategies for the Administra-
tion, as well as programmatic actions to carry out such goals and 
priorities over the next 20 years, and evaluate and update such 
plan every 5 years. 
(c) CONSTRUCTION.—Nothing in this section may be construed 
to affect the application of section 438 of the General Education 
Provisions Act (20 U.S.C. 1232a) or sections 504 and 508 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794 and 794d). 
SEC. 4003. NOAA’S CONTRIBUTION TO INNOVATION. 
(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The National 
Oceanic and Atmospheric Administration shall be a full participant 
in any interagency effort to promote innovation and economic 
competitiveness through near-term and long-term basic scientific 
research and development and the promotion of science, technology, 
engineering, and mathematics education, consistent with the agency 
mission, including authorized activities. 
(b) HISTORIC FOUNDATION.—In order to carry out the participa-
tion described in subsection (a), the Administrator of the National 
Oceanic and Atmospheric Administration shall build on the historic 
role of the National Oceanic and Atmospheric Administration in 
stimulating excellence in the advancement of ocean and atmospheric 
science and engineering disciplines and in providing opportunities 
and incentives for the pursuit of academic studies in science, tech-
nology, engineering, and mathematics. 
TITLE V—DEPARTMENT OF ENERGY 
SEC. 5001. SHORT TITLE. 
This title may be cited as the ‘‘Protecting America’s Competitive 
Edge Through Energy Act’’ or the ‘‘PACE–Energy Act’’. 
SEC. 5002. DEFINITIONS. 
In this title: 
(1) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Energy. 
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)). 
42 USC 16531. 
Protecting 
America’s 
Competitive Edge 
Through Energy 
Act. 
42 USC 15801 
note. 
33 USC 893b. 
33 USC 893a. 
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121 STAT. 601 
PUBLIC LAW 110–69—AUG. 9, 2007 
(3) NATIONAL LABORATORY.—The term ‘‘National Labora-
tory’’ has the meaning given the term in section 2 of the 
Energy Policy Act of 2005 (42 U.S.C. 15801). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy. 
SEC. 5003. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION 
AT THE DEPARTMENT OF ENERGY. 
(a) SCIENCE
EDUCATION
PROGRAMS.—Section 3164 of the 
Department of Energy Science Education Enhancement Act (42 
U.S.C. 7381a) is amended— 
(1) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (f), respectively; 
(2) by inserting after subsection (a) the following: 
‘‘(b) ORGANIZATION
OF SCIENCE, ENGINEERING, AND MATHE-
MATICS EDUCATION PROGRAMS.— 
‘‘(1) DIRECTOR OF SCIENCE, ENGINEERING, AND MATHEMATICS 
EDUCATION.—Notwithstanding any other provision of law, the 
Secretary, acting through the Under Secretary for Science 
(referred to in this subsection as the ‘Under Secretary’), shall 
appoint a Director of Science, Engineering, and Mathematics 
Education (referred to in this subsection as the ‘Director’) with 
the 
principal 
responsibility 
for 
administering 
science, 
engineering, and mathematics education programs across all 
functions of the Department. 
‘‘(2) QUALIFICATIONS.—The Director shall be an individual, 
who by reason of professional background and experience, is 
specially qualified to advise the Under Secretary on all matters 
pertaining to science, engineering, and mathematics education 
at the Department. 
‘‘(3) DUTIES.—The Director shall— 
‘‘(A) oversee all science, engineering, and mathematics 
education programs of the Department; 
‘‘(B) represent the Department as the principal inter-
agency liaison for all science, engineering, and mathematics 
education programs, unless otherwise represented by the 
Secretary or the Under Secretary; 
‘‘(C) prepare the annual budget and advise the Under 
Secretary on all budgetary issues for science, engineering, 
and mathematics education programs of the Department; 
‘‘(D) increase, to the maximum extent practicable, the 
participation and advancement of women and underrep-
resented minorities at every level of science, technology, 
engineering, and mathematics education; and 
‘‘(E) perform other such matters relating to science, 
engineering, and mathematics education as are required 
by the Secretary or the Under Secretary. 
‘‘(4) STAFF AND OTHER RESOURCES.—The Secretary shall 
assign to the Director such personnel and other resources as 
the Secretary considers necessary to permit the Director to 
carry out the duties of the Director. 
‘‘(5) ASSESSMENT.— 
‘‘(A) IN GENERAL.—The Secretary shall offer to enter 
into a contract with the National Academy of Sciences 
under which the National Academy, not later than 5 years 
after, and not later than 10 years after, the date of enact-
ment of this paragraph, shall assess the performance of 
Contracts. 
Deadlines. 
Budget. 
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121 STAT. 602 
PUBLIC LAW 110–69—AUG. 9, 2007 
the science, engineering, and mathematics education pro-
grams of the Department. 
‘‘(B) CONSIDERATIONS.—An assessment under this 
paragraph shall be conducted taking into consideration, 
where applicable, the effect of science, engineering, and 
mathematics education programs of the Department on 
student academic achievement in science and mathematics. 
‘‘(6) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated such sums as are necessary to 
carry out this subsection.’’; and 
(3) by striking subsection (d) (as redesignated by paragraph 
(1)) and inserting the following: 
‘‘(d) SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION 
FUND.—The Secretary shall establish a Science, Engineering, and 
Mathematics Education Fund, using not less than 0.3 percent of 
the amount made available to the Department for research, develop-
ment, demonstration, and commercial application for each fiscal 
year, to carry out sections 3165, 3166, and 3167. 
‘‘(e) ANNUAL PLAN FOR ALLOCATION OF EDUCATION FUNDING.— 
The Secretary shall submit to Congress as part of the annual 
budget submission for a fiscal year a report describing the manner 
in which the Department has complied with subsection (d) for 
the prior fiscal year and the manner in which the Department 
proposes to comply with subsection (d) during the following fiscal 
year, including— 
‘‘(1) the total amount of funding for research, development, 
demonstration, and commercial application activities for the 
corresponding fiscal year; 
‘‘(2) the amounts set aside for the Science, Engineering, 
and Mathematics Education Fund under subsection (d) from 
funding for research activities, development activities, dem-
onstration activities, and commercial application activities for 
the corresponding fiscal year; and 
‘‘(3) a description of how the funds set aside under sub-
section (d) were allocated for the prior fiscal year and will 
be allocated for the following fiscal year.’’. 
(b) CONSULTATION.—The Secretary shall— 
(1) consult with the Secretary of Education and the Director 
of the National Science Foundation regarding activities author-
ized under subpart B of the Department of Energy Science 
Education Enhancement Act (as added by subsection (d)(3)) 
to improve science and mathematics education; and 
(2) otherwise make available to the Secretary of Education 
reports associated with programs authorized under that section. 
(c) DEFINITION.—Section 3168 of the Department of Energy 
Science Education Enhancement Act (42 U.S.C. 7381d) is amended 
by adding at the end the following: 
‘‘(5) NATIONAL LABORATORY.—The term ‘National Labora-
tory’ has the meaning given the term in section 2 of the Energy 
Policy Act of 2005 (42 U.S.C. 15801).’’. 
(d) SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION PRO-
GRAMS.—The Department of Energy Science Education Enhance-
ment Act (42 U.S.C. 7381 et seq.) is amended— 
(1) by inserting after section 3162 (42 U.S.C. 7381) the 
following: 
42 USC 7381g 
note. 
Reports. 
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121 STAT. 603 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘Subpart A—Science Education Enhancement’’; 
(2) in section 3169 (42 U.S.C. 7381e), by striking ‘‘part’’ 
and inserting ‘‘subpart’’; and 
(3) by adding at the end the following: 
‘‘Subpart B—Science, Engineering, and 
Mathematics Education Programs 
‘‘SEC. 3170. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director 
of Science, Engineering, and Mathematics Education. 
‘‘(2) NATIONAL LABORATORY.—The term ‘National Labora-
tory’ has the meaning given the term in section 2 of the Energy 
Policy Act of 2005 (42 U.S.C. 15801). 
‘‘CHAPTER 1—PILOT PROGRAM OF GRANTS TO 
SPECIALTY SCHOOLS FOR SCIENCE AND MATHEMATICS 
‘‘SEC. 3171. PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR 
SCIENCE AND MATHEMATICS. 
‘‘(a) PURPOSE.—The purpose of this section is to establish a 
pilot program of grants to States to help establish or expand public, 
statewide specialty secondary schools that provide comprehensive 
science and mathematics (including technology and engineering) 
education to improve the academic achievement of students in 
science and mathematics. 
‘‘(b) DEFINITION
OF
SPECIALTY
SCHOOL
FOR
SCIENCE
AND 
MATHEMATICS.—In this chapter, the term ‘specialty school for 
science and mathematics’ means a public secondary school 
(including a school that provides residential services to students) 
that— 
‘‘(1) serves students residing in the State in which the 
school is located; and 
‘‘(2) offers to those students a high-quality, comprehensive 
science 
and 
mathematics 
(including 
technology 
and 
engineering) curriculum designed to improve the academic 
achievement of students in science and mathematics. 
‘‘(c) PILOT PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—From the amounts authorized under sub-
section (i), the Secretary, acting through the Director and in 
consultation with the Director of the National Science Founda-
tion, shall award grants, on a competitive basis, to States 
in order to provide assistance to the States for the costs of 
establishing or expanding public, statewide specialty schools 
for science and mathematics. 
‘‘(2) RESOURCES.—The Director shall ensure that appro-
priate resources of the Department, including the National 
Laboratories, are available to schools funded under this section 
in order to— 
‘‘(A) 
increase 
experiential, 
hands-on 
learning 
opportunities in science, technology, engineering, and 
mathematics for students attending such schools; and 
‘‘(B) 
provide 
ongoing 
professional 
development 
opportunities for teachers employed at such schools. 
42 USC 7381h. 
Inter- 
governmental 
relations. 
42 USC 7381g. 
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121 STAT. 604 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(3) ASSISTANCE.—Consistent with sections 3165 and 3166, 
the Director shall make available from funds authorized in 
this section to carry out a program using scientific and 
engineering staff of the National Laboratories, during which 
the staff— 
‘‘(A) assists teachers in teaching courses at the schools 
funded under this section; 
‘‘(B) uses National Laboratory scientific equipment in 
teaching the courses; and 
‘‘(C) uses distance education and other technologies 
to provide assistance described in subparagraphs (A) and 
(B) to schools funded under this section that are not located 
near the National Laboratories. 
‘‘(4) RESTRICTIONS.— 
‘‘(A) MAXIMUM NUMBER OF FUNDED SPECIALTY SCHOOLS 
PER STATE.—No State shall receive funding for more than 
1 specialty school for science and mathematics for a fiscal 
year. 
‘‘(B) MAXIMUM AMOUNT AND DURATION OF GRANTS.— 
A grant awarded to a State for a specialty school for science 
and mathematics under this section— 
‘‘(i) shall not exceed $2,000,000 for a fiscal year; 
and 
‘‘(ii) shall not be provided for more than 3 fiscal 
years. 
‘‘(d) FEDERAL AND NON-FEDERAL SHARES.— 
‘‘(1) FEDERAL
SHARE.—The Federal share of the costs 
described in subsection (c)(1) shall not exceed 33 percent. 
‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of the 
costs described in subsection (c)(1) shall be— 
‘‘(A) not less than 67 percent; and 
‘‘(B) provided from non-Federal sources, in cash or 
in kind, fairly evaluated, including services. 
‘‘(e) APPLICATION.—To be eligible to receive a grant under this 
section, a State shall submit to the Director an application at 
such time, in such manner, and containing such information as 
the Director may require that describes— 
‘‘(1) the process by which and selection criteria with which 
the State will select and designate a school as a specialty 
school for science and mathematics in accordance with this 
section; 
‘‘(2) how the State will ensure that funds made available 
under this section are used to establish or expand a specialty 
school for science and mathematics— 
‘‘(A) in accordance with the activities described in sub-
section (g); and 
‘‘(B) that has the capacity to improve the academic 
achievement of all students in all core academic subjects, 
and particularly in science and mathematics; 
‘‘(3) how the State will measure the extent to which the 
school increases student academic achievement on State aca-
demic achievement standards in science, mathematics, and, 
to the maximum extent applicable, technology and engineering; 
‘‘(4) the curricula and materials to be used in the school; 
‘‘(5) the availability of funds from non-Federal sources for 
the costs of the activities authorized under this section; and 
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121 STAT. 605 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(6) how the State will use technical assistance and support 
from the Department, including the National Laboratories, and 
other entities with experience and expertise in science, tech-
nology, engineering, and mathematics education, including 
institutions of higher education. 
‘‘(f) DISTRIBUTION.—In awarding grants under this section, the 
Director shall— 
‘‘(1) ensure a wide, equitable distribution among States 
that propose to serve students from urban and rural areas; 
and 
‘‘(2) provide equal consideration to States without National 
Laboratories. 
‘‘(g) USES OF FUNDS.— 
‘‘(1) REQUIREMENT.—A State that receives a grant under 
this section shall use the funds made available through the 
grant to— 
‘‘(A) employ proven strategies and methods for 
improving student learning and teaching in science, tech-
nology, engineering, and mathematics; 
‘‘(B) integrate into the curriculum of the school com-
prehensive science and mathematics education, including 
instruction and assessments in science, mathematics, and 
to the extent applicable, technology and engineering that 
are aligned with the academic content and student aca-
demic achievement standards of the State, within the 
meaning of section 1111 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311); 
‘‘(C) create opportunities for enhanced and ongoing 
professional development for teachers that improves the 
science, technology, engineering, and mathematics content 
knowledge of the teachers; and 
‘‘(D) design and implement hands-on laboratory experi-
ences to help prepare students to pursue postsecondary 
studies in science, technology, engineering, and mathe-
matics fields. 
‘‘(2) SPECIAL RULE.—Grant funds under this section may 
be used for activities described in paragraph (1) only if the 
activities are directly relating to improving student academic 
achievement in science, mathematics, and to the extent 
applicable, technology and engineering. 
‘‘(h) EVALUATION AND REPORT.— 
‘‘(1) STATE EVALUATION AND REPORT.— 
‘‘(A) EVALUATION.—Each State that receives a grant 
under this section shall develop and carry out an evaluation 
and accountability plan for the activities funded through 
the grant that measures the impact of the activities, 
including measurable objectives for improved student aca-
demic achievement on State science, mathematics, and, 
to the maximum extent applicable, technology and 
engineering assessments. 
‘‘(B) REPORT.—The State shall submit to the Director 
a report containing the results of the evaluation and 
accountability plan. 
‘‘(2) REPORT TO CONGRESS.—Not later than 2 years after 
the date of enactment of the PACE–Energy Act, the Director 
shall submit a report detailing the impact of the activities 
assisted with funds made available under this section to— 
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121 STAT. 606 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(A) the Committee on Science and Technology of the 
House of Representatives; 
‘‘(B) the Committee on Energy and Natural Resources 
of the Senate; and 
‘‘(C) the Committee on Health, Education, Labor, and 
Pensions of the Senate. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
‘‘(1) $14,000,000 for fiscal year 2008; 
‘‘(2) $22,500,000 for fiscal year 2009; and 
‘‘(3) $30,000,000 for fiscal year 2010. 
‘‘CHAPTER 2—EXPERIENTIAL-BASED LEARNING 
OPPORTUNITIES 
‘‘SEC. 3175. EXPERIENTIAL-BASED LEARNING OPPORTUNITIES. 
‘‘(a) INTERNSHIPS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From the amounts authorized under sub-
section (f), the Secretary, acting through the Director, shall 
establish a summer internship program for middle school and 
secondary school students that shall— 
‘‘(A) provide the students with internships at the 
National Laboratories; 
‘‘(B) promote experiential, hands-on learning in science, 
technology, engineering, or mathematics; and 
‘‘(C) be of at least 2 weeks in duration. 
‘‘(2) RESIDENTIAL
SERVICES.—The Director may provide 
residential services to students participating in the internship 
program authorized under paragraph (1). 
‘‘(b) SELECTION CRITERIA.— 
‘‘(1) IN GENERAL.—The Director shall establish criteria to 
determine the sufficient level of academic preparedness nec-
essary for a student to be eligible for an internship under 
this section. 
‘‘(2) PARTICIPATION.—The Director shall ensure the partici-
pation of students from a wide distribution of States, including 
States without National Laboratories. 
‘‘(3) STUDENT ACHIEVEMENT.—The Director may consider 
the academic achievement of middle and secondary school stu-
dents in determining eligibility under this section, in accordance 
with paragraphs (1) and (2). 
‘‘(c) PRIORITY.— 
‘‘(1) IN GENERAL.—The Director shall give priority for an 
internship under this section to a student who meets the eligi-
bility criteria described in subsection (b) and who attends a 
school— 
‘‘(A)(i) in which not less than 30 percent of the children 
enrolled in the school are from low-income families; or 
‘‘(ii) that is designated with a school locale code of 
41, 42, or 43, as determined by the Secretary of Education; 
and 
‘‘(B) for which there is— 
‘‘(i) a high percentage of teachers who are not 
teaching in the academic subject areas or grade levels 
in which the teachers were trained to teach; 
‘‘(ii) a high teacher turnover rate; or 
42 USC 7381j. 
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121 STAT. 607 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(iii) a high percentage of teachers with emergency, 
provisional, or temporary certification or licenses. 
‘‘(2) COORDINATION.—The Director shall consult with the 
Secretary of Education in order to determine whether a student 
meets the priority requirements of this subsection. 
‘‘(d) OUTREACH
AND
EXPERIENTIAL-BASED
PROGRAMS
FOR 
MINORITY STUDENTS.— 
‘‘(1) IN
GENERAL.—The Secretary, acting through the 
Director, in cooperation with Hispanic-serving institutions, 
historically Black colleges and universities, tribally controlled 
colleges and universities, Alaska Native- and Native Hawaiian- 
serving institutions, and other minority-serving institutions and 
nonprofit entities with substantial experience relating to out-
reach and experiential-based learning projects, shall establish 
outreach and experiential-based learning programs that will 
encourage underrepresented minority students in kindergarten 
through grade 12 to pursue careers in science, engineering, 
and mathematics. 
‘‘(2) 
COMMUNITY
INVOLVEMENT.—The 
Secretary 
shall 
ensure that the programs established under paragraph (1) 
involve, to the maximum extent practicable— 
‘‘(A) participation by parents and educators; and 
‘‘(B) the establishment of partnerships with business 
organizations and appropriate Federal, State, and local 
agencies. 
‘‘(3) DISTRIBUTION.—The Secretary shall ensure that the 
programs established under paragraph (1) are located in diverse 
geographic regions of the United States, to the maximum extent 
practicable. 
‘‘(e) EVALUATION
AND ACCOUNTABILITY PLAN.—The Director 
shall develop an evaluation and accountability plan for the activities 
funded under this chapter that objectively measures the impact 
of the activities. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $7,500,000 for each 
of fiscal years 2008 through 2010. 
‘‘CHAPTER 3—NATIONAL LABORATORIES CENTERS OF 
EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEER-
ING, AND MATHEMATICS EDUCATION 
‘‘SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN 
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHE-
MATICS EDUCATION. 
‘‘(a) DEFINITION OF HIGH-NEED PUBLIC SECONDARY SCHOOL.— 
In this section, the term ‘high-need public secondary school’ means 
a secondary school— 
‘‘(1) with a high concentration of low-income individuals 
(as defined in section 1707 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6537)); or 
‘‘(2) designated with a school locale code of 41, 42, or 
43, as determined by the Secretary of Education. 
‘‘(b) ESTABLISHMENT.—The Secretary shall establish at each 
of the National Laboratories a program to support a Center of 
Excellence in Science, Technology, Engineering, and Mathematics 
(referred to in this section as a ‘Center of Excellence’) in at least 
1 high-need public secondary school located in the region served 
42 USC 7381l. 
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121 STAT. 608 
PUBLIC LAW 110–69—AUG. 9, 2007 
by the National Laboratory to provide assistance in accordance 
with subsection (f). 
‘‘(c) COLLABORATION.— 
‘‘(1) IN GENERAL.—To comply with subsection (g), each high- 
need public secondary school selected as a Center of Excellence 
and the National Laboratory shall form a partnership with 
a school, department, or program of education at an institution 
of higher education. 
‘‘(2) NONPROFIT ENTITIES.—The partnership may include 
a nonprofit entity with demonstrated experience and effective-
ness in science or mathematics, as agreed to by other members 
of the partnership. 
‘‘(d) SELECTION.— 
‘‘(1) IN
GENERAL.—The Secretary, acting through the 
Director, shall establish criteria to guide the National Labora-
tories in selecting the sites for Centers of Excellence. 
‘‘(2) PROCESS.—A National Laboratory shall select a site 
for a Center of Excellence through an open, widely-publicized, 
and competitive process. 
‘‘(e) GOALS.—The Secretary shall establish goals and perform-
ance assessments for each Center of Excellence authorized under 
subsection (b). 
‘‘(f) ASSISTANCE.—Consistent with sections 3165 and 3166, the 
Director shall make available necessary assistance for a program 
established under this section through the use of scientific and 
engineering staff of a National Laboratory, including the use of 
staff— 
‘‘(1) to assist teachers in teaching a course at a Center 
of Excellence in Science, Technology, Engineering, and Mathe-
matics; and 
‘‘(2) to use National Laboratory scientific equipment in 
the teaching of the course. 
‘‘(g) SPECIAL RULES.—A Center of Excellence in a region shall 
ensure— 
‘‘(1) provision of clinical practicum, student teaching, or 
internship experiences for science, technology, and mathematics 
teacher candidates as part of the teacher preparation program 
of the Center of Excellence; 
‘‘(2) provision of supervision and mentoring for teacher 
candidates in the teacher preparation program; and 
‘‘(3) to the maximum extent practicable, provision of profes-
sional development for veteran teachers in the public secondary 
schools in the region. 
‘‘(h) EVALUATION.—The Secretary shall consider the results of 
performance assessments required under subsection (e) in deter-
mining the contract award fee of a National Laboratory manage-
ment and operations contractor. 
‘‘(i) PLAN.—The Director shall— 
‘‘(1) develop an evaluation and accountability plan for the 
activities funded under this section that objectively measures 
the impact of the activities; and 
‘‘(2) disseminate information obtained from those measure-
ments. 
‘‘(j) NO EFFECT ON SIMILAR PROGRAMS.—Nothing in this section 
displaces or otherwise affects any similar program being carried 
out as of the date of enactment of this section at any National 
Laboratory under any other provision of law. 
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121 STAT. 609 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘CHAPTER 4—SUMMER INSTITUTES 
‘‘SEC. 3185. SUMMER INSTITUTES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE
PARTNER.—The term ‘eligible partner’ 
means— 
‘‘(A) the science, engineering, or mathematics depart-
ment at an institution of higher education, acting in 
coordination with a school, department, or program of edu-
cation at an institution of higher education that provides 
training for teachers and principals; or 
‘‘(B) a nonprofit entity with expertise in providing 
professional 
development 
for 
science, 
technology, 
engineering, or mathematics teachers. 
‘‘(2) SUMMER
INSTITUTE.—The term ‘summer institute’ 
means an institute, operated during the summer, that— 
‘‘(A) is hosted by a National Laboratory or an eligible 
partner; 
‘‘(B) is operated for a period of not less than 2 weeks; 
‘‘(C) includes, as a component, a program that provides 
direct interaction between students and faculty, including 
personnel of 1 or more National Laboratories who have 
scientific expertise; 
‘‘(D) provides for follow-up training, during the aca-
demic year, that is conducted in the classroom; and 
‘‘(E) 
provides 
hands-on 
science, 
technology, 
engineering, or mathematics laboratory experience for not 
less than 2 days. 
‘‘(b) SUMMER INSTITUTE PROGRAMS AUTHORIZED.— 
‘‘(1) PROGRAMS AT THE NATIONAL LABORATORIES.—The Sec-
retary, acting through the Director, shall establish or expand 
programs of summer institutes at each of the National Labora-
tories to provide additional training to strengthen the science, 
technology, engineering, and mathematics teaching skills of 
teachers employed at public schools for kindergarten through 
grade 12, in accordance with the activities authorized under 
paragraphs (3) and (4). 
‘‘(2) PROGRAMS WITH ELIGIBLE PARTNERS.— 
‘‘(A) IN GENERAL.—The Secretary, acting through the 
Director, shall identify and provide assistance as described 
in subparagraph (C) to eligible partners to establish or 
expand programs of summer institutes that provide addi-
tional training to strengthen the science, technology, 
engineering, and mathematics teaching skills of teachers 
employed at public schools for kindergarten through grade 
12, in accordance with paragraphs (3) and (4). 
‘‘(B) SELECTION CRITERIA.—In identifying eligible part-
ners under subparagraph (A), the Secretary shall require 
that partner institutions describe— 
‘‘(i) how the partner institution has the capability 
to administer the program in accordance with this 
section, which may include a description of any existing 
programs at the institution of the applicant that are 
targeted at education of science and mathematics 
teachers and the number of teachers graduated 
annually from the programs; and 
42 USC 7381n. 
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121 STAT. 610 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(ii) how the partner institution will assist the 
National Laboratory in carrying out the activities 
described in paragraphs (3) and (4). 
‘‘(C) ASSISTANCE.—Consistent with sections 3165 and 
3166, the Director shall make available funds authorized 
under this section to carry out a program using scientific 
and engineering staff of the National Laboratories, during 
which the staff— 
‘‘(i) assists in providing training to teachers at 
summer institutes; and 
‘‘(ii) uses National Laboratory scientific equipment 
in the training. 
‘‘(3) REQUIRED ACTIVITIES.—Funds authorized under this 
section shall be used for— 
‘‘(A) creating opportunities for enhanced and ongoing 
professional development for teachers that improves the 
science, technology, engineering, and mathematics content 
knowledge of the teachers; 
‘‘(B) training to improve the ability of science, tech-
nology, engineering, and mathematics teachers to translate 
content knowledge and recent developments in pedagogy 
into classroom practice, including training to use curricula 
that are— 
‘‘(i) based on scientific research; and 
‘‘(ii) aligned with challenging State academic con-
tent standards; 
‘‘(C) training on the use and integration of technology 
in the classrooms; and 
‘‘(D) supplemental and follow-up professional develop-
ment activities as described in subsection (a)(2)(D). 
‘‘(4) ADDITIONAL USES OF FUNDS.—Funds authorized under 
this section may be used for— 
‘‘(A) training and classroom materials to assist in car-
rying out paragraph (3); 
‘‘(B) expenses associated with scientific and engineering 
staff at the National Laboratories assisting in providing 
training to teachers at summer institutes; 
‘‘(C) instruction in the use and integration of data 
and assessments to inform and instruct classroom practice; 
and 
‘‘(D) stipends and travel expenses for teachers partici-
pating in the program. 
‘‘(c) PRIORITY.—To the maximum extent practicable, the 
Director shall ensure that each summer institute program author-
ized under subsection (b) provides training to— 
‘‘(1) teachers from a wide range of school districts; 
‘‘(2) teachers from high-need school districts; and 
‘‘(3) teachers from groups underrepresented in the fields 
of science, technology, engineering, and mathematics teaching, 
including women and members of minority groups. 
‘‘(d) COORDINATION
AND CONSULTATION.—The Director shall 
consult and coordinate with the Secretary of Education and the 
Director of the National Science Foundation regarding the 
implementation of the programs authorized under subsection (b). 
‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.— 
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121 STAT. 611 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(1) IN GENERAL.—The Director shall develop an evaluation 
and accountability plan for the activities funded under this 
section that measures the impact of the activities. 
‘‘(2) CONTENTS.—The evaluation and accountability plan 
shall include— 
‘‘(A) measurable objectives to increase the number of 
science, technology, and mathematics teachers who partici-
pate in the summer institutes involved; and 
‘‘(B) measurable objectives for improved student aca-
demic achievement on State science, mathematics, and to 
the 
maximum 
extent 
applicable, 
technology 
and 
engineering assessments. 
‘‘(3) REPORT
TO
CONGRESS.—The Secretary shall submit 
to Congress with the annual budget submission of the Secretary 
a report on how the activities assisted under this section 
improve the science, technology, engineering, and mathematics 
teaching skills of participating teachers. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
‘‘(1) $15,000,000 for fiscal year 2008; 
‘‘(2) $20,000,000 for fiscal year 2009; and 
‘‘(3) $25,000,000 for fiscal year 2010. 
‘‘CHAPTER 5—NATIONAL ENERGY EDUCATION 
DEVELOPMENT 
‘‘SEC. 3191. NATIONAL ENERGY EDUCATION DEVELOPMENT. 
‘‘(a) IN GENERAL.—The Secretary, acting through the Director 
and in consultation with the Director of the National Science 
Foundation, shall establish a program to coordinate and make 
available to teachers and students web-based kindergarten through 
high school science, technology, engineering, and mathematics edu-
cation resources relating to the science and energy mission of the 
Department, including existing instruction materials and protocols 
for classroom laboratory experiments. 
‘‘(b) ENERGY EDUCATION.—The materials and other resources 
required under subsection (a) shall include instruction relating to— 
‘‘(1) the science of energy; 
‘‘(2) the sources of energy; 
‘‘(3) the uses of energy in society; and 
‘‘(4) the environmental consequences and benefits of all 
energy sources and uses. 
‘‘(c) DISSEMINATION.—The Secretary, acting through the 
Director, shall take all steps necessary, such as through participa-
tion in education association conferences, to advertise the program 
authorized under this section to K–12 teachers and science edu-
cation coordinators across the United States. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
‘‘(1) $500,000 for fiscal year 2008; and 
‘‘(2) such sums as necessary for each fiscal year thereafter. 
‘‘CHAPTER 6—ADMINISTRATION 
‘‘SEC. 3195. MENTORING PROGRAM. 
‘‘(a) IN GENERAL.—As part of the programs established under 
chapters 1, 3, and 4, the Director shall establish a program to 
42 USC 7381r. 
42 USC 7381p. 
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121 STAT. 612 
PUBLIC LAW 110–69—AUG. 9, 2007 
recruit and provide mentors for women and underrepresented 
minorities who are interested in careers in science, engineering, 
and mathematics. 
‘‘(b) PAIRING.—The program shall pair mentors with women 
and minorities who are in programs of study at specialty schools 
for science and mathematics, Centers of Excellence, and summer 
institutes established under chapters 1, 3, and 4, respectively. 
‘‘(c) PROGRAM EVALUATION.—The Secretary shall annually— 
‘‘(1) use metrics to evaluate the success of the programs 
established under subsection (a); and 
‘‘(2) submit to Congress a report that describes the results 
of each evaluation.’’. 
SEC. 5004. NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR 
INSTITUTIONS OF HIGHER EDUCATION. 
(a) PURPOSES.—The purposes of this section are— 
(1) to address the decline in the number of and resources 
available to nuclear science programs at institutions of higher 
education; and 
(2) to increase the number of graduates with degrees in 
nuclear science, an area of strategic importance to the economic 
competitiveness and energy security of the United States. 
(b) DEFINITION OF NUCLEAR SCIENCE.—In this section, the term 
‘‘nuclear science’’ includes— 
(1) nuclear science; 
(2) nuclear engineering; 
(3) nuclear chemistry; 
(4) radio chemistry; and 
(5) health physics. 
(c) ESTABLISHMENT.—The Secretary shall establish, in accord-
ance with this section, a program to expand and enhance institution 
of higher education nuclear science educational capabilities. 
(d) NUCLEAR
SCIENCE
PROGRAM
EXPANSION
GRANTS
FOR 
INSTITUTIONS OF HIGHER EDUCATION.— 
(1) IN
GENERAL.—The Secretary shall award up to 3 
competitive grants for each fiscal year to institutions of higher 
education that establish new academic degree programs in 
nuclear science. 
(2) PRIORITY.—In evaluating grants under this subsection, 
the Secretary shall give priority to proposals that involve part-
nerships with a National Laboratory or other eligible nuclear- 
related entity, as determined by the Secretary. 
(3) CRITERIA.—Criteria for a grant awarded under this 
subsection shall be based on— 
(A) the potential to attract new students to the pro-
gram; 
(B) academic rigor; and 
(C) the ability to offer hands-on learning opportunities. 
(4) DURATION AND AMOUNT.— 
(A) DURATION.—A grant under this subsection may 
be up to 5 years in duration. 
(B) AMOUNT.—An institution of higher education that 
receives a grant under this subsection shall be eligible 
for up to $1,000,000 for each year of the grant period. 
(5) USE OF FUNDS.—An institution of higher education that 
receives a grant under this subsection may use the grant to— 
(A) recruit and retain new faculty; 
42 USC 16532. 
Reports. 
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121 STAT. 613 
PUBLIC LAW 110–69—AUG. 9, 2007 
(B) develop core and specialized course content; 
(C) encourage collaboration between faculty and 
researchers in the nuclear science field; and 
(D) support outreach efforts to recruit students. 
(e) NUCLEAR SCIENCE COMPETITIVENESS GRANTS FOR INSTITU-
TIONS OF HIGHER EDUCATION.— 
(1) IN
GENERAL.—The Secretary shall award up to 5 
competitive grants for each fiscal year to institutions of higher 
education with existing academic degree programs that produce 
graduates in nuclear science. 
(2) CRITERIA.—Criteria for a grant awarded under this 
subsection shall be based on the potential for increasing the 
number and academic quality of graduates in the nuclear 
sciences who enter into careers in nuclear-related fields. 
(3) DURATION AND AMOUNT.— 
(A) DURATION.—A grant under this subsection may 
be up to 5 years in duration. 
(B) AMOUNT.—An institution of higher education that 
receives a grant under this subsection shall be eligible 
for up to $500,000 for each year of the grant period. 
(4) USE OF FUNDS.—An institution of higher education that 
receives a grant under this subsection may use the grant to— 
(A) increase the number of graduates in nuclear science 
that enter into careers in the nuclear science field; 
(B) enhance the teaching of advanced nuclear tech-
nologies; 
(C) aggressively pursue collaboration opportunities 
with industry and National Laboratories; 
(D) bolster or sustain nuclear infrastructure and 
research facilities of the institution of higher education, 
such as research and training reactors or laboratories; and 
(E) provide tuition assistance and stipends to under-
graduate and graduate students. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) NUCLEAR
SCIENCE
PROGRAM
EXPANSION
GRANTS
FOR 
INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to 
be appropriated to carry out subsection (d)— 
(A) $3,500,000 for fiscal year 2008; 
(B) $6,500,000 for fiscal year 2009; and 
(C) $9,500,000 for fiscal year 2010. 
(2) NUCLEAR
SCIENCE
COMPETITIVENESS
GRANTS
FOR 
INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to 
be appropriated to carry out subsection (e)— 
(A) $3,000,000 for fiscal year 2008; 
(B) $5,500,000 for fiscal year 2009; and 
(C) $8,000,000 for fiscal year 2010. 
SEC. 5005. HYDROCARBON SYSTEMS SCIENCE TALENT EXPANSION 
PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION. 
(a) PURPOSES.—The purposes of this section are— 
(1) to address the decline in the number of and resources 
available to hydrocarbon systems science programs at institu-
tions of higher education; and 
(2) to increase the number of graduates with degrees in 
hydrocarbon systems science, an area of strategic importance 
to the economic competitiveness and energy security of the 
United States. 
42 USC 16533. 
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121 STAT. 614 
PUBLIC LAW 110–69—AUG. 9, 2007 
(b) DEFINITION OF HYDROCARBON SYSTEMS SCIENCE.—In this 
section: 
(1) IN GENERAL.—The term ‘‘hydrocarbon systems science’’ 
means a science involving natural gas or other petroleum explo-
ration, development, or production. 
(2) INCLUSIONS.—The term ‘‘hydrocarbon systems science’’ 
includes— 
(A) petroleum or reservoir engineering; 
(B) environmental geoscience; 
(C) petrophysics; 
(D) geophysics; 
(E) geochemistry; 
(F) petroleum geology; 
(G) ocean engineering; 
(H) environmental engineering; and 
(I) computer science, as computer science relates to 
a science described in this subsection. 
(c) ESTABLISHMENT.—The Secretary shall establish, in accord-
ance with this section, a program to expand and enhance institution 
of higher education hydrocarbon systems science educational 
capabilities. 
(d) HYDROCARBON
SYSTEMS
SCIENCE
PROGRAM
EXPANSION 
GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.— 
(1) IN
GENERAL.—The Secretary shall award up to 3 
competitive grants for each fiscal year to institutions of higher 
education that establish new academic degree programs in 
hydrocarbon systems science. 
(2) ELIGIBILITY.—In evaluating grants under this sub-
section, the Secretary shall give priority to proposals that 
involve partnerships with the National Laboratories, including 
the National Energy Technology Laboratory, or other hydro-
carbon systems scientific entities, as determined by the Sec-
retary. 
(3) CRITERIA.—Criteria for a grant awarded under this 
subsection shall be based on— 
(A) the potential to attract new students to the pro-
gram; 
(B) academic rigor; and 
(C) the ability to offer hands-on learning opportunities. 
(4) DURATION AND AMOUNT.— 
(A) DURATION.—A grant under this subsection may 
be up to 5 years in duration. 
(B) AMOUNT.—An institution of higher education that 
receives a grant under this subsection shall be eligible 
for up to $1,000,000 for each year of the grant period. 
(5) USE OF FUNDS.—An institution of higher education that 
receives a grant under this subsection may use the grant to— 
(A) recruit and retain new faculty; 
(B) develop core and specialized course content; 
(C) encourage collaboration between faculty and 
researchers in the hydrocarbon systems science field; and 
(D) support outreach efforts to recruit students. 
(e) HYDROCARBON SYSTEMS SCIENCE COMPETITIVENESS GRANTS 
FOR INSTITUTIONS OF HIGHER EDUCATION.— 
(1) IN
GENERAL.—The Secretary shall award up to 5 
competitive grants for each fiscal year to institutions of higher 
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121 STAT. 615 
PUBLIC LAW 110–69—AUG. 9, 2007 
education with existing academic degree programs that produce 
graduates in hydrocarbon systems science. 
(2) CRITERIA.—Criteria for a grant awarded under this 
subsection shall be based on the potential for increasing the 
number and academic quality of graduates in hydrocarbon sys-
tems sciences who enter into careers in natural gas and other 
petroleum exploration, development, and production related 
fields. 
(3) DURATION AND AMOUNT.— 
(A) DURATION.—A grant under this subsection may 
be up to 5 years in duration. 
(B) AMOUNT.—An institution of higher education that 
receives a grant under this subsection shall be eligible 
for up to $500,000 for each year of the grant period. 
(4) USE OF FUNDS.—An institution of higher education that 
receives a grant under this subsection may use the grant to— 
(A) increase the number of graduates in the hydro-
carbon systems sciences that enter into careers in the 
natural gas and other petroleum exploration, development, 
and production science fields; 
(B) enhance the teaching of advanced natural gas and 
other petroleum exploration, development, and production 
technologies; 
(C) aggressively pursue collaboration opportunities 
with industry and the National Laboratories, including the 
National Energy Technology Laboratory; 
(D) bolster or sustain natural gas and other petroleum 
exploration, development, and production infrastructure 
and research facilities of the institution of higher education, 
such as research and training or laboratories; and 
(E) provide tuition assistance and stipends to under-
graduate and graduate students. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION 
GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are 
authorized to be appropriated to carry out subsection (d)— 
(A) $3,500,000 for fiscal year 2008; 
(B) $6,500,000 for fiscal year 2009; and 
(C) $9,500,000 for fiscal year 2010. 
(2) HYDROCARBON
SYSTEMS
SCIENCE
COMPETITIVENESS 
GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are 
authorized to be appropriated to carry out subsection (e)— 
(A) $3,000,000 for fiscal year 2008; 
(B) $5,500,000 for fiscal year 2009; and 
(C) $8,000,000 for fiscal year 2010. 
SEC. 5006. DEPARTMENT OF ENERGY EARLY CAREER AWARDS FOR 
SCIENCE. 
ENGINEERING, 
AND 
MATHEMATICS 
RESEARCHERS. 
(a) GRANT AWARDS.—The Director of the Office of Science of 
the Department (referred to in this section as the ‘‘Director’’) shall 
carry out a program to award grants to scientists and engineers 
at an early career stage at institutions of higher education and 
organizations described in subsection (c) to conduct research in 
fields relevant to the mission of the Department. 
(b) AMOUNT AND DURATION.— 
42 USC 16534. 
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121 STAT. 616 
PUBLIC LAW 110–69—AUG. 9, 2007 
(1) AMOUNT.—The amount of a grant awarded under this 
section shall be— 
(A) not less than $80,000; and 
(B) not more than $125,000. 
(2) DURATION.—The term of a grant awarded under this 
section shall be not more than 5 years. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—To be eligible to receive a grant under 
this section, an individual shall, as determined by the 
Director— 
(A) subject to paragraph (2), have completed a doc-
torate or other terminal degree not more than 10 years 
before the date on which the proposal for a grant is sub-
mitted under subsection (e)(1); 
(B) 
have 
demonstrated 
promise 
in 
a 
science, 
engineering, or mathematics field relevant to the missions 
of the Department; and 
(C) be employed— 
(i) in a tenure track-position as an assistant pro-
fessor or equivalent title at an institution of higher 
education in the United States; 
(ii) at an organization in the United States that 
is a nonprofit, nondegree-granting research organiza-
tion such as a museum, observatory, or research lab-
oratory; or 
(iii) as a scientist at a National Laboratory. 
(2) 
WAIVER.—Notwithstanding 
paragraph 
(1)(A), 
the 
Director may determine that an individual who has completed 
a doctorate more than 10 years before the date of submission 
of a proposal under subsection (e)(1) is eligible to receive a 
grant under this section if the individual was unable to conduct 
research for a period of time because of extenuating cir-
cumstances, including military service or family responsibilities, 
as determined by the Director. 
(d) SELECTION.—Grant recipients shall be selected on a competi-
tive, merit-reviewed basis. 
(e) SELECTION PROCESS AND CRITERIA.— 
(1) PROPOSAL.—To be eligible to receive a grant under 
this section, an individual shall submit to the Director a pro-
posal at such time, in such manner, and containing such 
information as the Director may require. 
(2) EVALUATION.—In evaluating the proposals submitted 
under paragraph (1), the Director shall take into consideration, 
at a minimum— 
(A) the intellectual merit of the proposed project; 
(B) the innovative or transformative nature of the pro-
posed research; 
(C) the extent to which the proposal integrates research 
and education, including undergraduate education in 
science and engineering disciplines; and 
(D) the potential of the applicant for leadership at 
the frontiers of knowledge. 
(f) DIVERSITY REQUIREMENT.— 
(1) IN GENERAL.—In awarding grants under this section, 
the Director shall endeavor to ensure that the grant recipients 
represent a variety of types of institutions of higher education 
and nonprofit, nondegree-granting research organizations. 
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121 STAT. 617 
PUBLIC LAW 110–69—AUG. 9, 2007 
(2) REQUIREMENT.—In support of the goal described in 
paragraph (1), the Director shall broadly disseminate informa-
tion regarding the deadlines applicable to, and manner in which 
to submit, proposals for grants under this section, including 
by conducting outreach activities for— 
(A) part B institutions, as defined in section 322 of 
the Higher Education Act of 1965 (20 U.S.C. 1061); and 
(B) minority institutions, as defined in section 365 
of that Act (20 U.S.C. 1067k). 
(g) REPORT
ON RECRUITING
AND RETAINING EARLY CAREER 
SCIENCE AND ENGINEERING RESEARCHERS AT NATIONAL LABORA-
TORIES.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the Director shall submit to the 
Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate a report describing efforts of the 
Director to recruit and retain young scientists and engineers 
at early career stages at the National Laboratories. 
(2) INCLUSIONS.—The report under paragraph (1) shall 
include— 
(A) a description of applicable Department and 
National Laboratory policies and procedures, including poli-
cies and procedures relating to financial incentives, awards, 
promotions, time reserved for independent research, access 
to equipment or facilities, and other forms of recognition, 
designed to attract and retain young scientists and engi-
neers; 
(B) an evaluation of the impact of the incentives 
described in subparagraph (A) on— 
(i) the careers of young scientists and engineers 
at the National Laboratories; and 
(ii) the quality of the research at the National 
Laboratories and in Department programs; 
(C) a description of barriers, if any, that exist with 
respect to efforts to recruit and retain young scientists 
and engineers, including the limited availability of full- 
time equivalent positions, legal and procedural require-
ments, and pay grading systems; and 
(D) the amount of funding devoted to efforts to recruit 
and retain young researchers, and the source of the funds. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary, acting through the Director, 
to carry out this section $25,000,000 for each of fiscal years 2008 
through 2010. 
SEC. 5007. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT 
OF ENERGY FOR BASIC RESEARCH. 
Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 
16311(b)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) $5,814,000,000 for fiscal year 2010.’’. 
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121 STAT. 618 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 5008. DISCOVERY SCIENCE AND ENGINEERING INNOVATION 
INSTITUTES. 
(a) IN GENERAL.—The Secretary shall establish distributed, 
multidisciplinary institutes (referred to in this section as 
‘‘Institutes’’) centered at National Laboratories to apply funda-
mental science and engineering discoveries to technological innova-
tions relating to— 
(1) the missions of the Department; and 
(2) the global competitiveness of the United States. 
(b) TOPICAL AREAS.—The Institutes shall support scientific and 
engineering research and education activities on critical emerging 
technologies determined by the Secretary to be essential to global 
competitiveness, including activities relating to— 
(1) sustainable energy technologies; 
(2) multiscale materials and processes; 
(3) micro- and nano-engineering; 
(4) computational and information engineering; and 
(5) genomics and proteomics. 
(c) PARTNERSHIPS.—In carrying out this section, the Secretary 
shall establish partnerships between the Institutes and— 
(1) institutions of higher education— 
(A) to train undergraduate and graduate science and 
engineering students; 
(B) to develop innovative undergraduate and graduate 
educational curricula; and 
(C) to conduct research within the topical areas 
described in subsection (b); and 
(2) private industry to develop innovative technologies 
within the topical areas described in subsection (b). 
(d) GRANTS.— 
(1) IN GENERAL.—For each fiscal year, the Secretary may 
select not more than 3 Institutes to receive a grant under 
this section. 
(2) MERIT-BASED SELECTION.—The selection of Institutes 
under paragraph (1) shall be— 
(A) merit-based; and 
(B) made through an open, competitive selection 
process. 
(3) TERM.—An Institute shall receive a grant under this 
section for not more than 3 fiscal years. 
(e) REVIEW.—The Secretary shall offer to enter into an agree-
ment with the National Academy of Sciences under which the 
Academy shall, by not later than 3 years after the date of enactment 
of this Act— 
(1) review the performance of the Institutes under this 
section; and 
(2) submit to Congress and the Secretary a report 
describing the results of the review. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to provide grants to each Institute selected 
under this section $10,000,000 for each of fiscal years 2008 through 
2010. 
SEC. 5009. PROTECTING AMERICA’S COMPETITIVE EDGE (PACE) GRAD-
UATE FELLOWSHIP PROGRAM. 
(a) DEFINITION
OF ELIGIBLE STUDENT.—In this section, the 
term ‘‘eligible student’’ means a student who attends an institution 
42 USC 16536. 
Contracts. 
Deadline. 
Reports. 
Establishment. 
42 USC 16535. 
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121 STAT. 619 
PUBLIC LAW 110–69—AUG. 9, 2007 
of higher education that offers a doctoral degree in a field relevant 
to a mission area of the Department. 
(b) ESTABLISHMENT.—The Secretary shall establish a graduate 
fellowship program for eligible students pursuing a doctoral degree 
in a mission area of the Department. 
(c) SELECTION.— 
(1) IN GENERAL.—The Secretary shall award fellowships 
to eligible students under this section through a competitive 
merit review process, involving written and oral interviews, 
that will result in a wide distribution of awards throughout 
the United States, as determined by the Secretary. 
(2) CRITERIA.—The Secretary shall establish selection cri-
teria for awarding fellowships under this section that require 
an eligible student— 
(A) to pursue a field of science or engineering of impor-
tance to a mission area of the Department; 
(B) to demonstrate to the Secretary— 
(i) the capacity of the eligible student to under-
stand technical topics relating to the fellowship that 
can be derived from the first principles of the technical 
topics; 
(ii) imagination and creativity; 
(iii) leadership skills in organizations or intellec-
tual endeavors, demonstrated through awards and past 
experience; and 
(iv) excellent verbal and communication skills to 
explain, defend, and demonstrate an understanding 
of technical subjects relating to the fellowship; and 
(C) to be a citizen or legal permanent resident of the 
United States. 
(d) AWARDS.— 
(1) AMOUNT.—A fellowship awarded under this section 
shall— 
(A) provide an annual living stipend; and 
(B) cover— 
(i) graduate tuition at an institution of higher edu-
cation described in subsection (a); and 
(ii) incidental expenses associated with curricula 
and research at the institution of higher education 
(including books, computers, and software). 
(2) DURATION.—A fellowship awarded under this section 
shall be up to 3 years duration within a 5-year period. 
(3) PORTABILITY.—A fellowship awarded under this section 
shall be portable with the eligible student. 
(e) ADMINISTRATION.—The Secretary, acting through the 
Director of Science, Engineering, and Mathematics Education— 
(1) shall administer the program established under this 
section; and 
(2) may enter into a contract with a nonprofit entity to 
administer the program, including the selection and award 
of fellowships. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $7,500,000 for fiscal year 2008; 
(2) $12,000,000 for fiscal year 2009, including nonexpiring 
fellowships for the preceding fiscal year; and 
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121 STAT. 620 
PUBLIC LAW 110–69—AUG. 9, 2007 
(3) $20,000,000 for fiscal year 2010, including nonexpiring 
fellowships for preceding fiscal years. 
SEC. 5010. SENSE OF CONGRESS REGARDING CERTAIN RECOMMENDA-
TIONS AND REVIEWS. 
It is the sense of Congress that— 
(1) the Department of Energy should implement the rec-
ommendations contained in the report of the Government 
Accountability Office numbered 04–639; and 
(2) the Secretary of Energy should annually conduct 
reviews in accordance with title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.) of at least 2 recipients 
of grants provided by the Department of Energy. 
SEC. 5011. DISTINGUISHED SCIENTIST PROGRAM. 
(a) PURPOSE.—The purpose of this section is to promote sci-
entific and academic excellence through collaborations between 
institutions of higher education and National Laboratories. 
(b) ESTABLISHMENT.—The Secretary shall establish a program 
to support the joint appointment of distinguished scientists by 
institutions of higher education and National Laboratories. 
(c) QUALIFICATIONS.—To be eligible for appointment as a distin-
guished scientist under this section, an individual, by reason of 
professional background and experience, shall be able to bring 
international recognition to the appointing institution of higher 
education or National Laboratory in the field of scientific endeavor 
of the individual. 
(d) SELECTION.—A distinguished scientist appointed under this 
section shall be selected through an open, competitive process. 
(e) APPOINTMENT.— 
(1) INSTITUTION OF HIGHER EDUCATION.—An appointment 
by an institution of higher education under this section shall 
be filled within the tenure allotment of the institution of higher 
education, at a minimum rank of professor. 
(2) NATIONAL LABORATORY.—An appointment by a National 
Laboratory under this section shall be at the rank of the highest 
grade of distinguished scientist or technical staff of the National 
Laboratory. 
(f) DURATION.—An appointment under this section shall— 
(1) be for a term of 6 years; and 
(2) consist of 2 3-year funding allotments. 
(g) USE OF FUNDS.—Funds made available under this section 
may be used for— 
(1) the salary of the distinguished scientist and support 
staff; 
(2) undergraduate, graduate, and post-doctoral appoint-
ments; 
(3) research-related equipment; 
(4) professional travel; and 
(5) such other requirements as the Secretary determines 
to be necessary to carry out the purpose of the program. 
(h) REVIEW.— 
(1) IN GENERAL.—The appointment of a distinguished sci-
entist under this section shall be reviewed at the end of the 
first 3-year allotment for the distinguished scientist through 
an open peer-review process to determine whether the appoint-
ment is meeting the purpose of this section under subsection 
(a). 
42 USC 16537. 
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121 STAT. 621 
PUBLIC LAW 110–69—AUG. 9, 2007 
(2) FUNDING.—Funding of the appointment of the distin-
guished scientist for the second 3-year allotment shall be deter-
mined based on the review conducted under paragraph (1). 
(i) COST SHARING.—To be eligible for assistance under this 
section, an appointing institution of higher education shall pay 
at least 50 percent of the total costs of the appointment. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $15,000,000 for fiscal year 2008; 
(2) $20,000,000 for fiscal year 2009; and 
(3) $30,000,000 for fiscal year 2010. 
SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY—ENERGY. 
(a) DEFINITIONS.—In this section: 
(1) ARPA-E.—The term ‘‘ARPA–E’’ means the Advanced 
Research Projects Agency—Energy established by subsection 
(b). 
(2) DIRECTOR.—The term ‘‘Director’’ means the Director 
of ARPA-E appointed under subsection (d). 
(3) FUND.—The term ‘‘Fund’’ means the Energy Trans-
formation Acceleration Fund established under subsection 
(m)(1). 
(b) ESTABLISHMENT.—There is established the Advanced 
Research Projects Agency—Energy within the Department to over-
come the long-term and high-risk technological barriers in the 
development of energy technologies. 
(c) GOALS.— 
(1) IN GENERAL.—The goals of ARPA-E shall be— 
(A) to enhance the economic and energy security of 
the United States through the development of energy tech-
nologies that result in— 
(i) reductions of imports of energy from foreign 
sources; 
(ii) 
reductions 
of 
energy-related 
emissions, 
including greenhouse gases; and 
(iii) improvement in the energy efficiency of all 
economic sectors; and 
(B) to ensure that the United States maintains a 
technological lead in developing and deploying advanced 
energy technologies. 
(2) MEANS.—ARPA-E shall achieve the goals established 
under paragraph (1) through energy technology projects by— 
(A) identifying and promoting revolutionary advances 
in fundamental sciences; 
(B) translating scientific discoveries and cutting-edge 
inventions into technological innovations; and 
(C) 
accelerating 
transformational 
technological 
advances in areas that industry by itself is not likely to 
undertake because of technical and financial uncertainty. 
(d) DIRECTOR.— 
(1) APPOINTMENT.—There shall be in the Department of 
Energy a Director of ARPA-E, who shall be appointed by the 
President, by and with the advice and consent of the Senate. 
(2) QUALIFICATIONS.—The Director shall be an individual 
who, by reason of professional background and experience, is 
especially qualified to advise the Secretary on, and manage 
research programs addressing, matters pertaining to long-term 
President. 
42 USC 16538. 
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121 STAT. 622 
PUBLIC LAW 110–69—AUG. 9, 2007 
and high-risk technological barriers to the development of 
energy technologies. 
(3) RELATIONSHIP TO SECRETARY.—The Director shall report 
to the Secretary. 
(4) RELATIONSHIP TO OTHER PROGRAMS.—No other programs 
within the Department shall report to the Director. 
(e) RESPONSIBILITIES.—The responsibilities of the Director shall 
include— 
(1) approving all new programs within ARPA-E; 
(2) developing funding criteria and assessing the success 
of programs through the establishment of technical milestones; 
(3) administering the Fund through awards to institutions 
of higher education, companies, research foundations, trade 
and industry research collaborations, or consortia of such enti-
ties, which may include federally-funded research and develop-
ment centers, to achieve the goals described in subsection (c) 
through targeted acceleration of— 
(A) novel early-stage energy research with possible 
technology applications; 
(B) development of techniques, processes, and tech-
nologies, and related testing and evaluation; 
(C) research and development of manufacturing proc-
esses for novel energy technologies; and 
(D) coordination with nongovernmental entities for 
demonstration of technologies and research applications 
to facilitate technology transfer; and 
(4) terminating programs carried out under this section 
that are not achieving the goals of the programs. 
(f) PERSONNEL.— 
(1) PROGRAM MANAGERS.— 
(A) 
IN
GENERAL.—The 
Director 
shall 
designate 
employees to serve as program managers for each of the 
programs established pursuant to the responsibilities estab-
lished for ARPA-E under subsection (e). 
(B) RESPONSIBILITIES.—A program manager of a pro-
gram shall be responsible for— 
(i) establishing research and development goals 
for the program, including through the convening of 
workshops and conferring with outside experts, and 
publicizing the goals of the program to the public and 
private sectors; 
(ii) soliciting applications for specific areas of par-
ticular promise, especially areas that the private sector 
or the Federal Government are not likely to undertake 
alone; 
(iii) building research collaborations for carrying 
out the program; 
(iv) selecting on the basis of merit, with advice 
under subsection (j) as appropriate, each of the projects 
to be supported under the program after considering— 
(I) the novelty and scientific and technical 
merit of the proposed projects; 
(II) the demonstrated capabilities of the 
applicants to successfully carry out the proposed 
project; 
(III) the consideration by the applicant of 
future commercial applications of the project, 
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121 STAT. 623 
PUBLIC LAW 110–69—AUG. 9, 2007 
including the feasibility of partnering with 1 or 
more commercial entities; and 
(IV) such other criteria as are established by 
the Director; 
(v) monitoring the progress of projects supported 
under the program; and 
(vi) recommending program restructure or termi-
nation of research partnerships or whole projects. 
(C) TERM.—The term of a program manager shall be 
3 years and may be renewed. 
(2) HIRING AND MANAGEMENT.— 
(A) IN GENERAL.—The Director shall have the authority 
to— 
(i) make appointments of scientific, engineering, 
and professional personnel without regard to the civil 
service laws; and 
(ii) fix the compensation of such personnel at a 
rate to be determined by the Director. 
(B) NUMBER.—The Director shall appoint not less than 
70, and not more than 120, personnel under this section. 
(C) PRIVATE RECRUITING FIRMS.—The Secretary, or the 
Director serving as an agent of the Secretary, may contract 
with private recruiting firms for the hiring of qualified 
technical staff to carry out this section. 
(D) ADDITIONAL
STAFF.—The Director may use all 
authorities in existence on the date of enactment of this 
Act that are provided to the Secretary to hire administra-
tive, financial, and clerical staff as necessary to carry out 
this section. 
(g) REPORTS AND ROADMAPS.— 
(1) ANNUAL REPORT.—As part of the annual budget request 
submitted for each fiscal year, the Director shall provide to 
the relevant authorizing and appropriations committees of Con-
gress a report describing projects supported by ARPA-E during 
the previous fiscal year. 
(2) STRATEGIC VISION ROADMAP.—Not later than October 
1, 2008, and October 1, 2011, the Director shall provide to 
the relevant authorizing and appropriations committees of Con-
gress a roadmap describing the strategic vision that ARPA- 
E will use to guide the choices of ARPA-E for future technology 
investments over the following 3 fiscal years. 
(h) COORDINATION AND NONDUPLICATION.— 
(1) IN GENERAL.—To the maximum extent practicable, the 
Director shall ensure that the activities of ARPA-E are coordi-
nated with, and do not duplicate the efforts of, programs and 
laboratories within the Department and other relevant research 
agencies. 
(2) TECHNOLOGY TRANSFER COORDINATOR.—To the extent 
appropriate, the Director may coordinate technology transfer 
efforts with the Technology Transfer Coordinator appointed 
under section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 
16391). 
(i) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Secretary 
shall make information available to purchasing and procurement 
programs of Federal agencies regarding the potential to demonstrate 
technologies resulting from activities funded through ARPA-E. 
(j) ADVICE.— 
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121 STAT. 624 
PUBLIC LAW 110–69—AUG. 9, 2007 
(1) ADVISORY COMMITTEES.—The Director may seek advice 
on any aspect of ARPA-E from— 
(A) an existing Department of Energy advisory com-
mittee; and 
(B) a new advisory committee organized to support 
the programs of ARPA-E and to provide advice and assist-
ance on— 
(i) specific program tasks; or 
(ii) overall direction of ARPA-E. 
(2) ADDITIONAL SOURCES OF ADVICE.—In carrying out this 
section, the Director may seek advice and review from— 
(A) the President’s Committee of Advisors on Science 
and Technology; and 
(B) any professional or scientific organization with 
expertise in specific processes or technologies under 
development by ARPA-E. 
(k) ARPA-E EVALUATION.— 
(1) IN GENERAL.—After ARPA-E has been in operation for 
4 years, the Secretary shall offer to enter into a contract with 
the National Academy of Sciences under which the National 
Academy shall conduct an evaluation of how well ARPA-E 
is achieving the goals and mission of ARPA-E. 
(2) INCLUSIONS.—The evaluation shall include— 
(A) the recommendation of the National Academy of 
Sciences on whether ARPA-E should be continued or termi-
nated; and 
(B) a description of lessons learned from operation 
of ARPA-E. 
(3) AVAILABILITY.—On completion of the evaluation, the 
evaluation shall be made available to Congress and the public. 
(l) EXISTING AUTHORITIES.—The authorities granted by this 
section are— 
(1) in addition to existing authorities granted to the Sec-
retary; and 
(2) are not intended to supersede or modify any existing 
authorities. 
(m) FUNDING.— 
(1) FUND.—There is established in the Treasury of the 
United States a fund, to be known as the ‘‘Energy Trans-
formation Acceleration Fund’’, which shall be administered by 
the Director for the purposes of carrying out this section. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Subject to para-
graphs (4) and (5), there are authorized to be appropriated 
to the Director for deposit in the Fund, without fiscal year 
limitation— 
(A) $300,000,000 for fiscal year 2008; and 
(B) such sums as are necessary for each of fiscal years 
2009 and 2010. 
(3) SEPARATE BUDGET AND APPROPRIATION.— 
(A) BUDGET REQUEST.—The budget request for ARPA- 
E shall be separate from the rest of the budget of the 
Department. 
(B) APPROPRIATIONS.—Appropriations to the Fund shall 
be separate and distinct from the rest of the budget for 
the Department. 
(4) LIMITATION.—No amounts may be appropriated for 
ARPA-E for fiscal year 2008 unless the amount appropriated 
Public 
information. 
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121 STAT. 625 
PUBLIC LAW 110–69—AUG. 9, 2007 
for the activities of the Office of Science of the Department 
for fiscal year 2008 exceeds the amount appropriated for the 
Office for fiscal year 2007, as adjusted for inflation in accord-
ance with the Consumer Price Index published by the Bureau 
of Labor Statistics of the Department of Labor. 
(5) ALLOCATION.—Of the amounts appropriated for a fiscal 
year under paragraph (2)— 
(A) not more than 50 percent of the amount shall 
be used to carry out subsection (e)(3)(D); 
(B) at least 2.5 percent of the amount shall be used 
for technology transfer and outreach activities; and 
(C) no funds may be used for construction of new 
buildings or facilities during the 5-year period beginning 
on the date of enactment of this Act. 
TITLE VI—EDUCATION 
SEC. 6001. FINDINGS. 
Congress makes the following findings: 
(1) A well-educated population is essential to retaining 
America’s competitiveness in the global economy. 
(2) The United States needs to build on and expand the 
impact of existing programs by taking additional, well-coordi-
nated steps to ensure that all students are able to obtain 
the knowledge the students need to obtain postsecondary edu-
cation and participate successfully in the workforce or the 
Armed Forces. 
(3) The next steps must be informed by independent 
information on the effectiveness of current programs in science, 
technology, engineering, mathematics, and critical foreign lan-
guage education, and by identification of best practices that 
can be replicated. 
(4) Teacher preparation and elementary school and sec-
ondary school programs and activities must be aligned with 
the requirements of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) and the requirements 
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 
(5) The ever increasing knowledge and skill demands of 
the 21st century require that secondary school preparation 
and requirements be better aligned with the knowledge and 
skills needed to succeed in postsecondary education and the 
workforce, and States need better data systems to track edu-
cational achievement from prekindergarten through bacca-
laureate degrees. 
SEC. 6002. DEFINITIONS. 
(a) ESEA DEFINITIONS.—Unless otherwise specified in this title, 
the terms used in this title have the meanings given the terms 
in section 9101 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7801). 
(b) OTHER DEFINITIONS.—In this title: 
(1) CRITICAL FOREIGN LANGUAGE.—The term ‘‘critical for-
eign language’’ means a foreign language that the Secretary 
determines, in consultation with the heads of such Federal 
20 USC 9802. 
20 USC 9801. 
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121 STAT. 626 
PUBLIC LAW 110–69—AUG. 9, 2007 
departments and agencies as the Secretary determines appro-
priate, is critical to the national security and economic competi-
tiveness of the United States. 
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Education. 
(4) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientif-
ically valid research’’ includes applied research, basic research, 
and field-initiated research in which the rationale, design, and 
interpretation are soundly developed in accordance with 
accepted principles of scientific research. 
Subtitle A—Teacher Assistance 
PART I—TEACHERS FOR A COMPETITIVE 
TOMORROW 
SEC. 6111. PURPOSE. 
The purpose of this part is— 
(1) to develop and implement programs to provide 
integrated courses of study in science, technology, engineering, 
mathematics, or critical foreign languages, and teacher edu-
cation, that lead to a baccalaureate degree in science, tech-
nology, engineering, mathematics, or a critical foreign language, 
with concurrent teacher certification; 
(2) to develop and implement 2- or 3-year part-time mas-
ter’s degree programs in science, technology, engineering, 
mathematics, or critical foreign language education for teachers 
in order to enhance the teachers’ content knowledge and peda-
gogical skills; and 
(3) to develop programs for professionals in science, tech-
nology, engineering, mathematics, or critical foreign language 
education that lead to a master’s degree in teaching that results 
in teacher certification. 
SEC. 6112. DEFINITIONS. 
In this part: 
(1) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘‘chil-
dren from low-income families’’ means children described in 
section 1124(c)(1)(A) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6333(c)(1)(A)). 
(2) ELIGIBLE
RECIPIENT.—The term ‘‘eligible recipient’’ 
means an institution of higher education that receives grant 
funds under this part on behalf of a department of science, 
technology, engineering, mathematics, or a critical foreign lan-
guage, or on behalf of a department or school with a com-
petency-based 
degree 
program 
(in 
science, 
technology, 
engineering, mathematics, or a critical foreign language) that 
includes teacher certification, for use in carrying out activities 
assisted under this part. 
(3) HIGH-NEED
LOCAL
EDUCATIONAL
AGENCY.—The term 
‘‘high-need local educational agency’’ means a local educational 
agency or educational service agency— 
20 USC 9812. 
20 USC 9811. 
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121 STAT. 627 
PUBLIC LAW 110–69—AUG. 9, 2007 
(A)(i) that serves not fewer than 10,000 children from 
low-income families; 
(ii) for which not less than 20 percent of the children 
served by the agency are children from low-income families; 
or 
(iii) with a total of less than 600 students in average 
daily attendance at the schools that are served by the 
agency and all of whose schools are designated with a 
school locale code of 41, 42, or 43, as determined by the 
Secretary; and 
(B)(i) for which there is a high percentage of teachers 
providing instruction in academic subject areas or grade 
levels for which the teachers are not highly qualified; or 
(ii) for which there is a high teacher turnover rate 
or a high percentage of teachers with emergency, provi-
sional, or temporary certification or licensure. 
(4) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’ has 
the meaning given such term in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801) and, 
with respect to special education teachers, in section 602 of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1401). 
(5) PARTNERSHIP.—The term ‘‘partnership’’ means a part-
nership that— 
(A) shall include— 
(i) an eligible recipient; 
(ii)(I)(aa) a department within the eligible recipient 
that provides a program of study in science, technology, 
engineering, mathematics, or a critical foreign lan-
guage; and 
(bb) a school, department, or program of education 
within the eligible recipient, or a 2-year institution 
of higher education that has a teacher preparation 
offering or a dual enrollment program with the eligible 
recipient; or 
(II) a department or school within the eligible 
recipient with a competency-based degree program (in 
science, technology, engineering, mathematics, or a 
critical foreign language) that includes teacher certifi-
cation; and 
(iii) not less than 1 high-need local educational 
agency and a public school or a consortium of public 
schools served by the agency; and 
(B) may include a nonprofit organization that has a 
demonstrated record of providing expertise or support to 
meet the purposes of this part. 
(6) TEACHING SKILLS.—The term ‘‘teaching skills’’ means 
the ability to— 
(A) increase student achievement and learning and 
increase a student’s ability to apply knowledge; 
(B) effectively convey and explain academic subject 
matter; 
(C) employ strategies grounded in the disciplines of 
teaching and learning that— 
(i) are based on scientifically valid research; 
(ii) are specific to academic subject matter; and 
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121 STAT. 628 
PUBLIC LAW 110–69—AUG. 9, 2007 
(iii) focus on the identification of students’ specific 
learning needs, particularly students with disabilities, 
students who are limited English proficient, students 
who are gifted and talented, and students with low 
literacy levels, and the tailoring of academic instruction 
to such needs; 
(D) conduct ongoing assessment of student learning; 
(E) effectively manage a classroom; and 
(F) communicate and work with parents and guardians, 
and involve parents and guardians in their children’s edu-
cation. 
SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, 
TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRIT-
ICAL 
FOREIGN 
LANGUAGES, 
WITH 
CONCURRENT 
TEACHER CERTIFICATION. 
(a) PROGRAM AUTHORIZED.—From the amounts made available 
to carry out this section under section 6116(1) and not reserved 
under section 6115(d) for a fiscal year, the Secretary is authorized 
to award grants, on a competitive basis, to eligible recipients to 
enable partnerships served by the eligible recipients to develop 
and implement programs to provide courses of study in science, 
technology, engineering, mathematics, or critical foreign languages 
that— 
(1) are integrated with teacher education; and 
(2) lead to a baccalaureate degree in science, technology, 
engineering, mathematics, or a critical foreign language with 
concurrent teacher certification. 
(b) APPLICATION.—Each eligible recipient desiring a grant under 
this section shall submit an application to the Secretary at such 
time and in such manner as the Secretary may require. Each 
application shall— 
(1) describe the program for which assistance is sought; 
(2) describe how a department of science, technology, 
engineering, mathematics, or a critical foreign language partici-
pating in the partnership will ensure significant collaboration 
with a teacher preparation program in the development of 
undergraduate degrees in science, technology, engineering, 
mathematics, or a critical foreign language, with concurrent 
teacher certification, including providing student teaching and 
other clinical classroom experiences or how a department or 
school participating in the partnership with a competency-based 
degree program has ensured, in the development of a bacca-
laureate degree program in science, technology, engineering, 
mathematics, or a critical foreign language, the provision of 
concurrent teacher certification, including providing student 
teaching and other clinical classroom experiences; 
(3) describe the high-quality research, laboratory, or intern-
ship experiences, integrated with coursework, that will be pro-
vided under the program; 
(4) describe how members of groups that are underrep-
resented in the teaching of science, technology, engineering, 
mathematics, or critical foreign languages will be encouraged 
to participate in the program; 
(5) describe how program participants will be encouraged 
to teach in schools determined by the partnership to be most 
Grants. 
20 USC 9813. 
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121 STAT. 629 
PUBLIC LAW 110–69—AUG. 9, 2007 
in need, and the assistance in finding employment in such 
schools that will be provided; 
(6) describe the ongoing activities and services that will 
be provided to graduates of the program; 
(7) describe how the activities of the partnership will be 
coordinated with any activities funded through other Federal 
grants, and how the partnership will continue the activities 
assisted under the program when the grant period ends; 
(8) describe how the partnership will assess the content 
knowledge and teaching skills of the program participants; 
and 
(9) provide any other information the Secretary may reason-
ably require. 
(c) PRIORITY.—Priority shall be given to applications whose 
primary focus is on placing participants in high-need local edu-
cational agencies. 
(d) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—Each eligible recipient receiving a grant 
under this section shall use the grant funds to enable a partner-
ship to develop and implement a program to provide courses 
of study in science, technology, engineering, mathematics, or 
a critical foreign language that— 
(A) are integrated with teacher education programs 
that promote effective teaching skills; and 
(B) lead to a baccalaureate degree in science, tech-
nology, engineering, mathematics, or a critical foreign lan-
guage with concurrent teacher certification. 
(2) PROGRAM REQUIREMENTS.—The program shall— 
(A) provide high-quality research, laboratory, or intern-
ship experiences for program participants; 
(B) provide student teaching or other clinical classroom 
experiences that— 
(i) are integrated with coursework; and 
(ii) lead to the participants’ ability to demonstrate 
effective teaching skills; 
(C) if implementing a program in which program 
participants are prepared to teach science, technology, 
engineering, mathematics, or critical foreign language 
courses, include strategies for improving student literacy; 
(D) encourage the participation of individuals who are 
members of groups that are underrepresented in the 
teaching of science, technology, engineering, mathematics, 
or critical foreign languages; 
(E) encourage participants to teach in schools deter-
mined by the partnership to be most in need, and actively 
assist the participants in finding employment in such 
schools; 
(F) offer training in the use of and integration of edu-
cational technology; 
(G) collect data regarding and evaluate, using measur-
able objectives and benchmarks, the extent to which the 
program succeeded in— 
(i) increasing the percentage of highly qualified 
mathematics, science, or critical foreign language 
teachers, including increasing the percentage of such 
teachers teaching in those schools determined by the 
partnership to be most in need; 
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121 STAT. 630 
PUBLIC LAW 110–69—AUG. 9, 2007 
(ii) improving student academic achievement in 
mathematics, science, and where applicable, technology 
and engineering; 
(iii) increasing the number of students in sec-
ondary schools enrolled in upper level mathematics, 
science, 
and, 
where 
available, 
technology 
and 
engineering courses; and 
(iv) increasing the numbers of elementary school 
and secondary school students enrolled in and con-
tinuing in critical foreign language courses; 
(H) collect data on the employment placement and 
retention of all graduates of the program, including 
information on how many graduates are teaching and in 
what kinds of schools; 
(I) provide ongoing activities and services to graduates 
of the program who teach elementary school or secondary 
school, by— 
(i) keeping the graduates informed of the latest 
developments in their respective academic fields; and 
(ii) supporting the graduates of the program who 
are employed in schools in the local educational agency 
participating in the partnership during the initial years 
of teaching through— 
(I) induction programs; 
(II) promotion of effective teaching skills; and 
(III) providing opportunities for regular profes-
sional development; and 
(J) develop recommendations to improve the school, 
department, or program of education participating in the 
partnership. 
(e) ANNUAL REPORT.—Each eligible recipient receiving a grant 
under this section shall collect and report to the Secretary annually 
such information as the Secretary may reasonably require, 
including— 
(1) the number of participants in the program; 
(2) information on the academic majors of participating 
students; 
(3) the race, gender, income, and disability status of pro-
gram participants; 
(4) the placement of program participants as teachers in 
schools determined by the partnership to be most in need; 
(5) the extent to which the program succeeded in meeting 
the objectives and benchmarks described in subsection (d)(2)(G); 
and 
(6) the data collected under subparagraphs (G) and (H) 
of subsection (d)(2). 
(f) TECHNICAL ASSISTANCE.—From the funds made available 
under section 6116(1), the Secretary may provide technical assist-
ance to an eligible recipient developing a baccalaureate degree 
program with concurrent teacher certification, including technical 
assistance provided through a grant or contract awarded on a 
competitive basis to an institution of higher education or a technical 
assistance center. 
(g) COMPLIANCE WITH FERPA.—Any activity under this section 
shall be carried out in compliance with section 444 of the General 
Education Provisions Act (20 U.S.C. 1232g) (commonly known as 
the Family Educational Rights and Privacy Act of 1974). 
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121 STAT. 631 
PUBLIC LAW 110–69—AUG. 9, 2007 
(h) INDUCTION PROGRAM DEFINED.—In this section, the term 
‘‘induction program’’ means a formalized program for new teachers 
during not less than the teachers’ first 2 years of teaching that 
is designed to provide support for, and improve the professional 
performance and advance the retention in the teaching field of, 
beginning teachers. Such program shall promote effective teaching 
skills and shall include the following components: 
(1) High-quality teacher mentoring. 
(2) Periodic, structured time for collaboration with teachers 
in the same department or field, as well as time for information- 
sharing among teachers, principals, administrators, and partici-
pating faculty in the partner institution. 
(3) The application of empirically based practice and sci-
entifically valid research on instructional practices. 
(4) Opportunities for new teachers to draw directly upon 
the expertise of teacher mentors, faculty, and researchers to 
support the integration of empirically based practice and sci-
entifically valid research with practice. 
(5) The development of skills in instructional and behav-
ioral interventions derived from empirically based practice and, 
where applicable, scientifically valid research. 
(6) Faculty who— 
(A) model the integration of research and practice in 
the classroom; and 
(B) assist new teachers with the effective use and 
integration of technology in the classroom. 
(7) 
Interdisciplinary 
collaboration 
among 
exemplary 
teachers, faculty, researchers, and other staff who prepare new 
teachers on the learning process and the assessment of learning. 
(8) Assistance with the understanding of data, particularly 
student achievement data, and the data’s applicability in class-
room instruction. 
(9) Regular evaluation of the new teacher. 
SEC. 6114. PROGRAMS FOR MASTER’S DEGREES IN SCIENCE, TECH-
NOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL 
FOREIGN LANGUAGE EDUCATION. 
(a) PROGRAM AUTHORIZED.—From the amounts made available 
to carry out this section under section 6116(2) and not reserved 
under section 6115(d) for a fiscal year, the Secretary is authorized 
to award grants, on a competitive basis, to eligible recipients to 
enable the partnerships served by the eligible recipients to develop 
and implement— 
(1) 2- or 3-year part-time master’s degree programs in 
science, technology, engineering, mathematics, or critical for-
eign language education for teachers in order to enhance the 
teacher’s content knowledge and teaching skills; or 
(2) programs for professionals in science, technology, 
engineering, mathematics, or a critical foreign language that 
lead to a 1-year master’s degree in teaching that results in 
teacher certification. 
(b) APPLICATION.—Each eligible recipient desiring a grant under 
this section shall submit an application to the Secretary at such 
time and in such manner as the Secretary may require. Each 
application shall describe— 
20 USC 9814. 
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121 STAT. 632 
PUBLIC LAW 110–69—AUG. 9, 2007 
(1) how a department of science, technology, engineering, 
mathematics, or a critical foreign language will ensure signifi-
cant collaboration with a school, department, or program of 
education in the development of the master’s degree programs 
authorized under subsection (a), or how a department or school 
with a competency-based degree program has ensured, in the 
development of a master’s degree program, the provision of 
rigorous studies in science, technology, engineering, mathe-
matics, or a critical foreign language that enhance the teachers’ 
content knowledge and teaching skills; 
(2) the role of the local educational agency in the partner-
ship in developing and administering the program and how 
feedback from the local educational agency, school, and partici-
pants will be used to improve the program; 
(3) how the program will help increase the percentage 
of highly qualified mathematics, science, or critical foreign lan-
guage teachers, including increasing the percentage of such 
teachers teaching in schools determined by the partnership 
to be most in need; 
(4) how the program will— 
(A) improve student academic achievement in mathe-
matics, science, and, where applicable, technology and 
engineering and increase the number of students taking 
upper-level courses in such subjects; or 
(B) increase the numbers of elementary school and 
secondary school students enrolled and continuing in crit-
ical foreign language courses; 
(5) how the program will prepare participants to become 
more effective science, technology, engineering, mathematics, 
or critical foreign language teachers; 
(6) how the program will prepare participants to assume 
leadership roles in their schools; 
(7) how teachers (or science, technology, engineering, 
mathematics, or critical foreign language professionals) who 
are members of groups that are underrepresented in the 
teaching of science, technology, engineering, mathematics, or 
critical foreign languages and teachers from schools determined 
by the partnership to be most in need will be encouraged 
to apply for and participate in the program; 
(8) the ongoing activities and services that will be provided 
to graduates of the program; 
(9) how the partnership will continue the activities assisted 
under the grant when the grant period ends; 
(10) how the partnership will assess, during the program, 
the content knowledge and teaching skills of the program 
participants; and 
(11) methods to ensure applicants to the master’s degree 
program for professionals in science, technology, engineering, 
mathematics, or a critical foreign language demonstrate 
advanced knowledge in the relevant subject. 
(c) AUTHORIZED ACTIVITIES.—Each eligible recipient receiving 
a grant under this section shall use the grant funds to develop 
and implement a 2- or 3-year part-time master’s degree program 
in science, technology, engineering, mathematics, or critical foreign 
language education for teachers in order to enhance the teachers’ 
content knowledge and teaching skills, or programs for professionals 
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121 STAT. 633 
PUBLIC LAW 110–69—AUG. 9, 2007 
in science, technology, engineering, mathematics, or a critical for-
eign language that lead to a 1-year master’s degree in teaching 
that results in teacher certification. The program shall— 
(1) promote effective teaching skills so that program partici-
pants become more effective science, technology, engineering, 
mathematics, or critical foreign language teachers; 
(2) prepare teachers to assume leadership roles in their 
schools by participating in activities such as teacher mentoring, 
development of curricula that integrate state of the art applica-
tions of science, technology, engineering, mathematics, or crit-
ical foreign language into the classroom, working with school 
administrators in establishing in-service professional develop-
ment of teachers, and assisting in evaluating data and assess-
ments to improve student academic achievement; 
(3) use high-quality research, laboratory, or internship 
experiences for program participants that are integrated with 
coursework; 
(4) provide student teaching or clinical classroom experi-
ence; 
(5) if implementing a program in which participants are 
prepared to teach science, technology, engineering, mathe-
matics, or critical foreign language courses, provide strategies 
for improving student literacy; 
(6) align the content knowledge in the master’s degree 
program with challenging student academic achievement stand-
ards and challenging academic content standards established 
by the State in which the program is conducted; 
(7) encourage the participation of— 
(A) individuals who are members of groups that are 
underrepresented in the teaching of science, technology, 
engineering, mathematics, or critical foreign languages; 
(B) members of the Armed Forces who are transitioning 
to civilian life; and 
(C) teachers teaching in schools determined by the 
partnership to be most in need; 
(8) offer tuition assistance, based on need, as appropriate; 
(9) create opportunities for enhanced and ongoing profes-
sional development for teachers that improves the science, tech-
nology, engineering, mathematics, and critical foreign language 
content knowledge and teaching skills of such teachers; and 
(10) evaluate and report on the impact of the program, 
in accordance with subsection (d). 
(d) EVALUATION AND REPORT.—Each eligible recipient receiving 
a grant under this section shall evaluate, using measurable objec-
tives and benchmarks, and provide an annual report to the Sec-
retary regarding, the extent to which the program assisted under 
this section succeeded in the following: 
(1) Increasing the number and percentage of science, tech-
nology, engineering, mathematics, or critical foreign language 
teachers who have a master’s degree and meet 1 or more 
of the following requirements: 
(A) Are teaching in schools determined by the partner-
ship to be most in need, and taught in such schools prior 
to participation in the program. 
(B) Are teaching in schools determined by the partner-
ship to be most in need, and did not teach in such schools 
prior to participation in the program. 
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121 STAT. 634 
PUBLIC LAW 110–69—AUG. 9, 2007 
(C) Are members of a group underrepresented in the 
teaching of science, technology, engineering, mathematics, 
or a critical foreign language. 
(2) 
Bringing 
professionals 
in 
science, 
technology, 
engineering, mathematics, or a critical foreign language into 
the field of teaching. 
(3) Retaining teachers who participate in the program. 
SEC. 6115. GENERAL PROVISIONS. 
(a) DURATION OF GRANTS.—The Secretary shall award each 
grant under this part for a period of not more than 5 years. 
(b) MATCHING
REQUIREMENT.—Each eligible recipient that 
receives a grant under this part shall provide, from non-Federal 
sources, an amount equal to 50 percent of the amount of the 
grant (which may be provided in cash or in kind) to carry out 
the activities supported by the grant. 
(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 
this part shall be used to supplement, and not supplant, other 
Federal or State funds. 
(d) EVALUATION.—From amounts made available for any fiscal 
year under section 6116, the Secretary shall reserve such sums 
as may be necessary— 
(1) to provide for the conduct of an annual independent 
evaluation, by grant or by contract, of the activities assisted 
under this part, which shall include an assessment of the 
impact of the activities on student academic achievement; and 
(2) to prepare and submit an annual report on the results 
of the evaluation described in paragraph (1) to the Committee 
on Health, Education, Labor, and Pensions of the Senate, the 
Committee on Education and Labor of the House of Representa-
tives, and the Committees on Appropriations of the Senate 
and House of Representatives. 
SEC. 6116. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this section 
$276,200,000 for fiscal year 2008, and such sums as may be nec-
essary for each of the 2 succeeding fiscal years, of which— 
(1) $151,200,000 shall be available to carry out section 
6113 for fiscal year 2008 and each succeeding fiscal year; and 
(2) $125,000,000 shall be available to carry out section 
6114 for fiscal year 2008 and each succeeding fiscal year. 
PART II—ADVANCED PLACEMENT AND INTER-
NATIONAL BACCALAUREATE PROGRAMS 
SEC. 6121. PURPOSE. 
It is the purpose of this part— 
(1) to raise academic achievement through Advanced Place-
ment and International Baccalaureate programs by increasing, 
by 70,000, over a 4-year period beginning in 2008, the number 
of teachers serving high-need schools who are qualified to teach 
Advanced Placement or International Baccalaureate courses 
in mathematics, science, and critical foreign languages; 
(2) to increase, to 700,000 per year, the number of students 
attending high-need schools who— 
20 USC 9831. 
20 USC 9816. 
20 USC 9815. 
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121 STAT. 635 
PUBLIC LAW 110–69—AUG. 9, 2007 
(A) take and score a 3, 4, or 5 on an Advanced Place-
ment examination in mathematics, science, or a critical 
foreign language administered by the College Board; or 
(B) achieve a passing score on an examination adminis-
tered by the International Baccalaureate Organization in 
such a subject; 
(3) to increase the availability of, and enrollment in, 
Advanced Placement or International Baccalaureate courses 
in mathematics, science, and critical foreign languages, and 
pre-Advanced Placement or pre-International Baccalaureate 
courses in such subjects, in high-need schools; and 
(4) to support statewide efforts to increase the availability 
of, and enrollment in, Advanced Placement or International 
Baccalaureate courses in mathematics, science, and critical for-
eign languages, and pre-Advanced Placement or pre-Inter-
national Baccalaureate courses in such subjects, in high-need 
schools. 
SEC. 6122. DEFINITIONS. 
In this part: 
(1) ADVANCED
PLACEMENT
OR
INTERNATIONAL
BACCA-
LAUREATE COURSE.—The term ‘‘Advanced Placement or Inter-
national Baccalaureate course’’ means— 
(A) a course of college-level instruction provided to 
secondary school students, terminating in an examination 
administered by the College Board or the International 
Baccalaureate Organization, or another such examination 
approved by the Secretary; or 
(B) another highly rigorous, evidence-based, postsec-
ondary preparatory program terminating in an examination 
administered by another nationally recognized educational 
organization that has a demonstrated record of effective-
ness in assessing secondary school students, or another 
such examination approved by the Secretary. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 
(A) a State educational agency; 
(B) a local educational agency; or 
(C) a partnership consisting of— 
(i) a national, regional, or statewide nonprofit 
organization, with expertise and experience in pro-
viding Advanced Placement or International Bacca-
laureate services; and 
(ii) a State educational agency or local educational 
agency. 
(3) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ 
has the meaning given the term ‘‘low-income individual’’ in 
section 1707(3) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6537(3)). 
(4) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The 
term ‘‘high concentration of low-income students’’ has the 
meaning given the term in section 1707(2) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6537(2)). 
(5) HIGH-NEED
LOCAL
EDUCATIONAL
AGENCY.—The term 
‘‘high-need local educational agency’’ means a local educational 
agency or educational service agency described in 6112(3)(A). 
(6) HIGH-NEED
SCHOOL.—The term ‘‘high-need school’’ 
means a secondary school— 
20 USC 9832. 
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121 STAT. 636 
PUBLIC LAW 110–69—AUG. 9, 2007 
(A) with a pervasive need for Advanced Placement 
or International Baccalaureate courses in mathematics, 
science, or critical foreign languages, or for additional 
Advanced 
Placement 
or 
International 
Baccalaureate 
courses in such a subject; and 
(B)(i) with a high concentration of low-income students; 
or 
(ii) designated with a school locale code of 41, 42, 
or 43, as determined by the Secretary. 
SEC. 6123. ADVANCED PLACEMENT AND INTERNATIONAL BACCA-
LAUREATE PROGRAMS. 
(a) PROGRAM AUTHORIZED.—From the amounts appropriated 
under subsection (l), the Secretary is authorized to award grants, 
on a competitive basis, to eligible entities to enable the eligible 
entities to carry out the authorized activities described in subsection 
(g). 
(b) DURATION OF GRANTS.—The Secretary may award grants 
under this section for a period of not more than 5 years. 
(c) COORDINATION.—The Secretary shall coordinate the activi-
ties carried out under this section with the activities carried out 
under section 1705 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6535). 
(d) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to eligible entities that are part of a 
statewide strategy for increasing— 
(1) the availability of Advanced Placement or International 
Baccalaureate courses in mathematics, science, and critical for-
eign languages, and pre-Advanced Placement or pre-Inter-
national Baccalaureate courses in such subjects, in high-need 
schools; and 
(2) the number of students who participate in Advanced 
Placement or International Baccalaureate courses in mathe-
matics, science, and critical foreign language in high-need 
schools, and take and score a 3, 4, or 5 on an Advanced 
Placement examination in such a subject, or pass an examina-
tion administered by the International Baccalaureate Organiza-
tion in such a subject in such schools. 
(e) EQUITABLE DISTRIBUTION.—The Secretary, to the extent 
practicable, shall— 
(1) ensure an equitable geographic distribution of grants 
under this section among the States; and 
(2) promote an increase in participation in Advanced Place-
ment or International Baccalaureate mathematics, science, and 
critical foreign language courses and examinations in all States. 
(f) APPLICATION.— 
(1) IN
GENERAL.—Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may reasonably require. 
(2) CONTENTS.—The application shall, at a minimum, 
include a description of— 
(A) the goals and objectives for the project, including— 
(i) increasing the number of teachers serving high- 
need schools who are qualified to teach Advanced 
Placement or International Baccalaureate courses in 
mathematics, science, or critical foreign languages; 
20 USC 9833. 
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121 STAT. 637 
PUBLIC LAW 110–69—AUG. 9, 2007 
(ii) increasing the number of qualified teachers 
serving high-need schools who are teaching Advanced 
Placement or International Baccalaureate courses in 
mathematics, science, or critical foreign languages to 
students in the high-need schools; 
(iii) increasing the number of Advanced Placement 
or International Baccalaureate courses in mathematics, 
science, and critical foreign languages that are avail-
able to students attending high-need schools; and 
(iv) increasing the number of students attending 
a high-need school, particularly low-income students, 
who enroll in and pass— 
(I) Advanced Placement or International 
Baccalaureate courses in mathematics, science, or 
critical foreign languages; and 
(II) pre-Advanced Placement or pre-Inter-
national Baccalaureate courses in such a subject 
(where provided in accordance with subparagraph 
(B)); 
(B) how the eligible entity will ensure that students 
have access to courses, including pre-Advanced Placement 
and pre-International Baccalaureate courses, that will pre-
pare the students to enroll and succeed in Advanced Place-
ment or International Baccalaureate courses in mathe-
matics, science, or critical foreign languages; 
(C) how the eligible entity will provide professional 
development for teachers assisted under this section; 
(D) how the eligible entity will ensure that teachers 
serving high-need schools are qualified to teach Advanced 
Placement or International Baccalaureate courses in 
mathematics, science, or critical foreign languages; 
(E) how the eligible entity will provide for the involve-
ment of business and community organizations and other 
entities, including institutions of higher education, in the 
activities to be assisted; and 
(F) how the eligible entity will use funds received under 
this section, including how the eligible entity will evaluate 
the success of its project. 
(g) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—Each eligible entity that receives a grant 
under this section shall use the grant funds to carry out activi-
ties designed to increase— 
(A) the number of qualified teachers serving high-need 
schools who are teaching Advanced Placement or Inter-
national Baccalaureate courses in mathematics, science, 
or critical foreign languages; and 
(B) the number of students attending high-need schools 
who enroll in, and pass, the examinations for such 
Advanced 
Placement 
or 
International 
Baccalaureate 
courses. 
(2) PERMISSIVE
ACTIVITIES.—The activities described in 
paragraph (1) may include— 
(A) teacher professional development, in order to 
expand the pool of teachers in the participating State, 
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121 STAT. 638 
PUBLIC LAW 110–69—AUG. 9, 2007 
local educational agency, or high-need school who are quali-
fied to teach Advanced Placement or International Bacca-
laureate courses in mathematics, science, or critical foreign 
languages; 
(B) pre-Advanced Placement or pre-International 
Baccalaureate 
course 
development 
and 
professional 
development; 
(C) coordination and articulation between grade levels 
to prepare students to enroll and succeed in Advanced 
Placement or International Baccalaureate courses in 
mathematics, science, or critical foreign languages; 
(D) purchase of instructional materials; 
(E) activities to increase the availability of, and partici-
pation in, online Advanced Placement or International 
Baccalaureate courses in mathematics, science, and critical 
foreign languages; 
(F) reimbursing low-income students attending high- 
need schools for part or all of the cost of Advanced Place-
ment or International Baccalaureate examination fees; 
(G) carrying out subsection (j), relating to collecting 
and reporting data; 
(H) in the case of a State educational agency that 
receives a grant under this section, awarding subgrants 
to local educational agencies to enable the local educational 
agencies to carry out authorized activities described in 
subparagraphs (A) through (G); and 
(I) providing salary increments or bonuses to teachers 
serving high-need schools who— 
(i) become qualified to teach, and teach, Advanced 
Placement or International Baccalaureate courses in 
mathematics, science, or a critical foreign language; 
or 
(ii) increase the number of low-income students, 
who take Advanced Placement or International Bacca-
laureate examinations in mathematics, science, or a 
critical foreign language with the goal of successfully 
passing such examinations. 
(h) MATCHING REQUIREMENT.— 
(1) IN GENERAL.—Subject to paragraph (2), each eligible 
entity that receives a grant under this section shall provide, 
toward the cost of the activities assisted under the grant, 
from non-Federal sources, an amount equal to 200 percent 
of the amount of the grant, except that an eligible entity that 
is a high-need local educational agency shall provide an amount 
equal to not more than 100 percent of the amount of the 
grant. 
(2) WAIVER.—The Secretary may waive all or part of the 
matching requirement described in paragraph (1) for any fiscal 
year for an eligible entity described in subparagraph (A) or 
(B) of section 6122(2), if the Secretary determines that applying 
the matching requirement to such eligible entity would result 
in serious hardship or an inability to carry out the authorized 
activities described in subsection (g). 
(i) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under 
this section shall be used to supplement, not supplant, other Federal 
and non-Federal funds available to carry out the activities described 
in subsection (g). 
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121 STAT. 639 
PUBLIC LAW 110–69—AUG. 9, 2007 
(j) COLLECTING AND REPORTING REQUIREMENTS.— 
(1) REPORT.—Each eligible entity receiving a grant under 
this section shall collect and report to the Secretary annually 
such data on the results of the grant as the Secretary may 
reasonably require, including data regarding— 
(A) the number of students enrolling in Advanced 
Placement or International Baccalaureate courses in 
mathematics, science, or a critical foreign language, and 
pre-Advanced 
Placement 
or 
pre-International 
Bacca-
laureate courses in such a subject, by the grade the student 
is enrolled in, and the distribution of grades those students 
receive; 
(B) the number of students taking Advanced Placement 
or International Baccalaureate examinations in mathe-
matics, science, or a critical foreign language, and the 
distribution of scores on those examinations by the grade 
the student is enrolled in at the time of the examination; 
(C) the number of teachers receiving training in 
teaching Advanced Placement or International Bacca-
laureate courses in mathematics, science, or a critical for-
eign language who will be teaching such courses in the 
next school year; 
(D) the number of teachers becoming qualified to teach 
Advanced 
Placement 
or 
International 
Baccalaureate 
courses in mathematics, science, or a critical foreign lan-
guage; and 
(E) the number of qualified teachers who are teaching 
Advanced 
Placement 
or 
International 
Baccalaureate 
courses in mathematics, science, or critical foreign lan-
guages to students in a high-need school. 
(2) REPORTING OF DATA.—Each eligible entity receiving a 
grant under this section shall report data required under para-
graph (1)— 
(A) disaggregated by subject area; 
(B) in the case of student data, disaggregated in the 
same manner as information is disaggregated under section 
1111(h)(1)(C)(i) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); and 
(C) to the extent feasible, in a manner that allows 
comparison of conditions before, during, and after the 
project. 
(k) EVALUATION AND REPORT.—From the amount made avail-
able for any fiscal year under subsection (l), the Secretary shall 
reserve such sums as may be necessary— 
(1) to conduct an annual independent evaluation, by grant 
or by contract, of the program carried out under this section, 
which shall include an assessment of the impact of the program 
on student academic achievement; and 
(2) to prepare and submit an annual report on the results 
of the evaluation described in paragraph (1) to the Committee 
on Health, Education, Labor, and Pensions of the Senate, the 
Committee on Education and Labor of the House of Representa-
tives, and the Committees on Appropriations of the Senate 
and House of Representatives. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $75,000,000 for fiscal 
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121 STAT. 640 
PUBLIC LAW 110–69—AUG. 9, 2007 
year 2008, and such sums as may be necessary for each of the 
2 succeeding fiscal years. 
PART III—PROMISING PRACTICES IN SCIENCE, 
TECHNOLOGY, ENGINEERING, AND MATHE-
MATICS TEACHING 
SEC. 6131. PROMISING PRACTICES. 
(a) PURPOSE.—The purpose of this section is to establish an 
expert panel to provide information on promising practices for 
strengthening teaching and learning in science, technology, 
engineering, and mathematics at the elementary school and sec-
ondary school levels. The panel shall build on prior Federal efforts, 
such as efforts by the National Mathematics Advisory Panel, and 
shall synthesize scientific evidence pertaining to the improvement 
of science, technology, engineering, and mathematics teaching and 
learning. 
(b) NATIONAL PANEL ON PROMISING PRACTICES IN K–12 STEM 
TEACHING AND LEARNING.— 
(1) IN GENERAL.—The Secretary shall enter into a contract 
with the Center for Education of the National Academy of 
Sciences to establish and convene, not later than 1 year after 
the date of enactment of this Act, an expert panel to— 
(A) identify promising practices for improving teaching 
and 
student 
achievement 
in 
science, 
technology, 
engineering, and mathematics in kindergarten through 
grade 12; and 
(B) examine and synthesize the scientific evidence per-
taining to the improvement of science, technology, 
engineering, and mathematics teaching and learning. 
(2) COMPOSITION
OF
NATIONAL
PANEL.—The National 
Academy of Sciences shall ensure that the panel established 
under paragraph (1) represents scientists, engineers, mathe-
maticians, technologists, computer and information technology 
experts, educators, principals, researchers with expertise in 
teaching and learning (including experts in cognitive science), 
and others with relevant expertise. The National Academy of 
Sciences shall ensure that the panel includes the following: 
(A) Representation of teachers and principals directly 
involved in teaching science, technology, engineering, and 
mathematics in kindergarten through grade 12. 
(B) Representation of teachers and principals from 
diverse 
demographic 
groups 
and 
geographic 
areas, 
including urban, suburban, and rural schools. 
(C) Representation of teachers and principals from 
public and private schools. 
(3) QUALIFICATION
OF
MEMBERS.—The members of the 
panel established under paragraph (1) shall be individuals who 
have expertise and experience relating to— 
(A) existing science, technology, engineering, and 
mathematics education programs; 
(B) developing and improving science, technology, 
engineering, and mathematics curricula content; 
(C) improving the academic achievement of students 
who are below grade level in science, technology, 
engineering, and mathematics fields; and 
Contracts. 
Establishment. 
Deadline. 
20 USC 9841. 
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121 STAT. 641 
PUBLIC LAW 110–69—AUG. 9, 2007 
(D) research on teaching or learning. 
(c) AUTHORIZED ACTIVITIES OF NATIONAL PANEL.—The panel 
established under subsection (b) shall identify— 
(1) promising practices in the effective teaching and 
learning of science, technology, engineering, and mathematics 
topics in kindergarten through grade 12; 
(2) promising training and professional development tech-
niques designed to help teachers increase their skills and exper-
tise in improving student achievement in science, technology, 
engineering, and mathematics in kindergarten through grade 
12; 
(3) critical skills and skills progressions needed to enable 
students to acquire competence in science, technology, 
engineering, and mathematics and readiness for advanced sec-
ondary school and college level science, technology, engineering, 
and mathematics coursework; 
(4) processes by which students with varying degrees of 
prior academic achievement and backgrounds learn effectively 
in the science, technology, engineering, and mathematics fields; 
and 
(5) areas in which existing data about promising practices 
in science, technology, engineering, and mathematics education 
are insufficient. 
(d) REPORT.—The panel established under subsection (b) shall 
prepare a written report for the Secretary that presents the findings 
of the panel pursuant to this section and includes recommendations, 
based on the findings of the panel, to strengthen science, technology, 
engineering, and mathematics teaching and learning in kinder-
garten through grade 12. 
(e) DISSEMINATION.—The Secretary shall disseminate the report 
under subsection (d) to the public, State educational agencies, and 
local educational agencies, and shall make the information in such 
report available, in an easy to understand format, on the website 
of the Department. 
(f) SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
PROMISING PRACTICES.— 
(1) RELIABILITY AND MEASUREMENT.—The promising prac-
tices in the teaching of science, technology, engineering, and 
mathematics in elementary schools and secondary schools col-
lected under this section shall be— 
(A) reliable, valid, and grounded in scientifically valid 
research; 
(B) inclusive of the critical skills and skill progressions 
needed for students to acquire competence in science, tech-
nology, engineering, and mathematics; 
(C) reviewed regularly to assess effectiveness; and 
(D) reviewed in the context of State academic assess-
ments and student academic achievement standards. 
(2) STUDENTS WITH DIVERSE LEARNING NEEDS.—In identi-
fying promising practices under this section, the panel estab-
lished under subsection (b) shall take into account the needs 
of students with diverse learning needs, particularly students 
with disabilities and students who are limited English pro-
ficient. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $1,200,000 for fiscal 
year 2008. 
Public 
information. 
Web site. 
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121 STAT. 642 
PUBLIC LAW 110–69—AUG. 9, 2007 
Subtitle B—Mathematics 
SEC. 6201. MATH NOW FOR ELEMENTARY SCHOOL AND MIDDLE 
SCHOOL STUDENTS PROGRAM. 
(a) PURPOSE.—The purpose of this section is to enable all stu-
dents to reach or exceed grade-level academic achievement stand-
ards and to prepare the students to enroll in and pass algebra 
courses by— 
(1) improving instruction in mathematics for students in 
kindergarten through grade 9 through the implementation of 
mathematics programs and the support of comprehensive 
mathematics initiatives that are research-based and reflect a 
demonstrated record of effectiveness; and 
(2) providing targeted help to low-income students who 
are struggling with mathematics and whose achievement is 
significantly below grade level. 
(b) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.— 
In this section, the term ‘‘eligible local educational agency’’ means 
a high-need local educational agency (as defined in section 6112(3)) 
serving 1 or more schools— 
(1) with significant numbers or percentages of students 
whose mathematics skills are below grade level; 
(2) that are not making adequate yearly progress in mathe-
matics under section 1111(b)(2) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6311(b)(2)); or 
(3) in which students are receiving instruction in mathe-
matics from teachers who do not have mathematical content 
knowledge or expertise in the teaching of mathematics. 
(c) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—From the amounts appropriated under 
subsection (k) for any fiscal year, the Secretary is authorized 
to award grants, on a competitive basis, for a period of 3 
years, to State educational agencies to enable the State edu-
cational agencies to award grants to eligible local educational 
agencies to carry out the activities described in subsection 
(e) for students in any of the grades kindergarten through 
grade 9. 
(2) PRIORITY.—In awarding grants under this section, the 
Secretary shall give priority to applications for projects that 
will implement statewide strategies for improving mathematics 
instruction and raising the mathematics achievement of stu-
dents, particularly students in grades 4 through 8. 
(d) STATE USES OF FUNDS.— 
(1) IN
GENERAL.—Each State educational agency that 
receives a grant under this section for a fiscal year— 
(A) shall expend not more than a total of 10 percent 
of the grant funds to carry out the activities described 
in paragraph (2) or (3) for the fiscal year; and 
(B) shall use not less than 90 percent of the grant 
funds to award grants, on a competitive basis, to eligible 
local educational agencies to enable the eligible local edu-
cational agencies to carry out the activities described in 
subsection (e) for the fiscal year. 
(2) MANDATORY
USES
OF
FUNDS.—A State educational 
agency shall use the grant funds made available under para-
graph (1)(A) to carry out each of the following activities: 
Grants. 
20 USC 9851. 
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121 STAT. 643 
PUBLIC LAW 110–69—AUG. 9, 2007 
(A) PLANNING
AND
ADMINISTRATION.—Planning and 
administration, including— 
(i) evaluating applications from eligible local edu-
cational agencies using peer review teams described 
in subsection (f)(1)(D); 
(ii) administering the distribution of grants to 
eligible local educational agencies; and 
(iii) assessing and evaluating, on a regular basis, 
eligible local educational agency activities assisted 
under this section, with respect to whether the activi-
ties have been effective in increasing the number of 
students— 
(I) making progress toward meeting grade- 
level mathematics achievement; and 
(II) meeting or exceeding grade-level mathe-
matics achievement. 
(B) REPORTING.—Annually providing the Secretary 
with a report on the implementation of this section as 
described in subsection (i). 
(3) PERMISSIVE USES OF FUNDS; TECHNICAL ASSISTANCE.— 
(A) IN GENERAL.—A State educational agency may use 
the grant funds made available under paragraph (1)(A) 
for 1 or more of the following technical assistance activities 
that assist an eligible local educational agency, upon 
request by the eligible local educational agency, in accom-
plishing the tasks required to design and implement a 
project under this section, including assistance in— 
(i) implementing mathematics programs or com-
prehensive mathematics initiatives that are research- 
based and reflect a demonstrated record of effective-
ness; 
(ii) evaluating and selecting diagnostic and class-
room based instructional mathematics assessments; 
and 
(iii) identifying eligible professional development 
providers to conduct the professional development 
activities described in subsection (e)(1)(B). 
(B) GUIDANCE.—The technical assistance described in 
subparagraph (A) shall be guided by researchers with 
expertise in the pedagogy of mathematics, mathematicians, 
and mathematics educators from high-risk, high-achieve-
ment schools and eligible local educational agencies. 
(e) LOCAL USES OF FUNDS.— 
(1) MANDATORY USES OF FUNDS.—Each eligible local edu-
cational agency receiving a grant under this section shall use 
the grant funds to carry out each of the following activities 
for students in any of the grades kindergarten through grade 
9: 
(A) To implement mathematics programs or com-
prehensive mathematics initiatives— 
(i) for students in the grades of a participating 
school as identified in the application submitted under 
subsection (f)(2)(B); and 
(ii) that are research-based and reflect a dem-
onstrated record of effectiveness. 
(B) To provide professional development and instruc-
tional leadership activities for teachers and, if appropriate, 
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121 STAT. 644 
PUBLIC LAW 110–69—AUG. 9, 2007 
for 
administrators 
and 
other 
school 
staff, 
on 
the 
implementation of comprehensive mathematics initiatives 
designed— 
(i) to improve the achievement of students per-
forming significantly below grade level; 
(ii) to improve the mathematical content knowl-
edge of the teachers, administrators, and other school 
staff; 
(iii) to increase the use of effective instructional 
practices; and 
(iv) to monitor student progress. 
(C) To conduct continuous progress monitoring, which 
may include the adoption and use of assessments that— 
(i) measure student progress and identify areas 
in which students need help in learning mathematics; 
and 
(ii) reflect mathematics content that is consistent 
with State academic achievement standards in mathe-
matics described in section 1111(b) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)). 
(2) PERMISSIVE
USES
OF
FUNDS.—An eligible local edu-
cational agency may use grant funds under this section to— 
(A) adopt and use mathematics instructional materials 
and assessments; 
(B) implement classroom-based assessments, including 
diagnostic or formative assessments; 
(C) provide remedial coursework and interventions for 
students, which may be provided before or after school; 
(D) provide small groups with individualized instruc-
tion in mathematics; 
(E) conduct activities designed to improve the content 
knowledge and expertise of teachers, such as the use of 
a mathematics coach, enrichment activities, and inter-
disciplinary methods of mathematics instruction; and 
(F) collect and report performance data. 
(f) APPLICATIONS.— 
(1) STATE EDUCATIONAL AGENCY.—Each State educational 
agency desiring a grant under this section shall submit an 
application to the Secretary at such time and in such manner 
as the Secretary may require. Each application shall include— 
(A) an assurance that the core mathematics instruc-
tional program, supplemental instructional materials, and 
intervention programs used by the eligible local educational 
agencies for the project, are research-based and reflect 
a demonstrated record of effectiveness and are aligned 
with State academic achievement standards; 
(B) an assurance that eligible local educational agen-
cies will meet the requirements described in paragraph 
(2); 
(C) an assurance that local applications will be evalu-
ated using a peer review process; 
(D) a description of the qualifications of the peer review 
teams, which shall consist of— 
(i) researchers with expertise in the pedagogy of 
mathematics; 
(ii) mathematicians; and 
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121 STAT. 645 
PUBLIC LAW 110–69—AUG. 9, 2007 
(iii) mathematics educators serving high-risk, high- 
achievement schools and eligible local educational 
agencies; and 
(E) an assurance that the State has a process to safe-
guard against conflicts of interest consistent with sub-
section (j)(2) and section 6204 for individuals providing 
technical assistance on behalf of the State educational 
agency or participating in the State peer review process 
under this subtitle. 
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—Each eligible 
local educational agency desiring a grant under this section 
shall submit an application to the State educational agency 
at such time and in such manner as the State educational 
agency may require. Each application shall include— 
(A) an assurance that the eligible local educational 
agency will provide assistance to 1 or more schools that 
are— 
(i) served by the eligible local educational agency; 
and 
(ii) described in section 6201(b); 
(B) a description of the grades, and of the schools, 
that will be served; 
(C) information, on an aggregate basis, on each school 
to be served by the project, including such demographic, 
socioeconomic, and mathematics achievement data as the 
State educational agency may request; 
(D) a description of the core mathematics instructional 
program, supplemental instructional materials, and inter-
vention programs or strategies that will be used for the 
project, including an assurance that the programs or strate-
gies are research-based and reflect a demonstrated record 
of effectiveness and are aligned with State academic 
achievement standards; 
(E) a description of the activities that will be carried 
out under the grant, including a description of the profes-
sional development that will be provided to teachers, and, 
if appropriate, administrators and other school staff, and 
a description of how the activities will support achievement 
of the purpose of this section; 
(F) an assurance that the eligible local educational 
agency will report to the State educational agency all data 
on student academic achievement that is necessary for 
the State educational agency’s report under subsection (i); 
(G) a description of the eligible entity’s plans for evalu-
ating the impact of professional development and leader-
ship activities in mathematics on the content knowledge 
and expertise of teachers, administrators, or other school 
staff; and 
(H) any other information the State educational agency 
may reasonably require. 
(g) PROHIBITIONS.— 
(1) IN GENERAL.—In implementing this section, the Sec-
retary shall not— 
(A) endorse, approve, or sanction any mathematics cur-
riculum designed for use in any school; or 
(B) engage in oversight, technical assistance, or activi-
ties that will require the adoption of a specific mathematics 
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121 STAT. 646 
PUBLIC LAW 110–69—AUG. 9, 2007 
program or instructional materials by a State, local edu-
cational agency, or school. 
(2) RULE OF CONSTRUCTION.—Nothing in this subtitle shall 
be construed to authorize or permit the Department of Edu-
cation, or a Department of Education contractor, to mandate, 
direct, control, or suggest the selection of a mathematics cur-
riculum, supplemental instructional materials, or program of 
instruction by a State, local educational agency, or school. 
(h) MATCHING REQUIREMENTS.— 
(1) STATE
EDUCATIONAL
AGENCY.—A State educational 
agency that receives a grant under this section shall provide, 
from non-Federal sources, an amount equal to 50 percent of 
the amount of the grant, in cash or in kind, to carry out 
the activities supported by the grant, of which not more than 
20 percent of such 50 percent may be provided by local edu-
cational agencies within the State. 
(2) WAIVER.—The Secretary may waive all of or a portion 
of the matching requirement described in paragraph (1) for 
any fiscal year, if the Secretary determines that— 
(A) the application of the matching requirement will 
result in serious hardship for the State educational agency; 
or 
(B) providing a waiver best serves the purpose of the 
program assisted under this section. 
(i) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— 
(1) INFORMATION.—Each State educational agency receiving 
a grant under this section shall collect and report to the Sec-
retary annually such information on the results of the grant 
as the Secretary may reasonably require, including information 
on— 
(A) mathematics achievement data that show the 
progress of students participating in projects under this 
section (including, to the extent practicable, comparable 
data from students not participating in such projects), 
based primarily on the results of State, school district 
wide, or classroom-based, assessments, including— 
(i) specific identification of those schools and 
eligible local educational agencies that report the 
largest gains in mathematics achievement; and 
(ii) evidence on whether the State educational 
agency and eligible local educational agencies within 
the State have— 
(I) significantly increased the number of stu-
dents achieving at grade level or above in mathe-
matics; 
(II) significantly increased the percentages of 
students described in section 1111(b)(2)(C)(v)(II) 
of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) who are 
achieving at grade level or above in mathematics; 
(III) significantly increased the number of stu-
dents making significant progress toward meeting 
grade-level mathematics achievement standards; 
and 
(IV) successfully implemented this section; 
(B) the percentage of students in the schools served 
by the eligible local educational agency who enroll in 
Reports. 
Deadline. 
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121 STAT. 647 
PUBLIC LAW 110–69—AUG. 9, 2007 
algebra courses and the percentage of such students who 
pass algebra courses; and 
(C) the progress made in increasing the quality and 
accessibility of professional development and leadership 
activities in mathematics, especially activities resulting in 
greater content knowledge and expertise of teachers, 
administrators, and other school staff, except that the Sec-
retary shall not require such information until after the 
third year of a grant awarded under this section. 
(2) REPORTING
AND
DISAGGREGATION.—The information 
required under paragraph (1) shall be— 
(A) reported in a manner that allows for a comparison 
of aggregated score differentials of student academic 
achievement before (to the extent feasible) and after 
implementation of the project assisted under this section; 
and 
(B) disaggregated in the same manner as information 
is disaggregated under section 1111(h)(1)(C)(i) of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(h)(1)(C)(i)). 
(3) PRIVACY
PROTECTION.—The data in the report shall 
be reported in a manner that— 
(A) protects the privacy of individuals; and 
(B) complies with the requirements of section 444 of 
the General Education Provisions Act (20 U.S.C. 1232g) 
(commonly known as the Family Educational Rights and 
Privacy Act of 1974). 
(j) EVALUATION AND TECHNICAL ASSISTANCE.— 
(1) EVALUATION.— 
(A) IN
GENERAL.—The Secretary shall conduct an 
annual independent evaluation, by grant or by contract, 
of the program assisted under this section, which shall 
include an assessment of the impact of the program on 
student academic achievement and teacher performance, 
and may use funds available to carry out this section 
to conduct the evaluation. 
(B) REPORT.—The Secretary shall annually submit, to 
the Committee on Education and Labor and the Committee 
on Appropriations of the House of Representatives, and 
to the Committee on Health, Education, Labor, and Pen-
sions and the Committee on Appropriations of the Senate, 
a report on the results of the evaluation. 
(C) LIMITATIONS.— 
(i) IN GENERAL.—The Secretary shall ensure that 
the organization selected to carry out the independent 
evaluation under subparagraph (A) does not hold a 
contract or subcontract to implement any aspect of 
the program under this section. 
(ii) SUBCONTRACTORS.—Any contract entered into 
under subparagraph (A) shall prohibit the organization 
conducting the evaluation from subcontracting with 
any entity that holds a contract or subcontract for 
any aspect of the implementation of this section. 
(iii) WAIVER.—Subject to clause (iv), the Secretary 
may waive the application of clause (i) or (ii), or both, 
in accordance with the requirements under section 
9.503 of title 48, Code of Federal Regulations, if the 
Grants. 
Contracts. 
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121 STAT. 648 
PUBLIC LAW 110–69—AUG. 9, 2007 
Secretary determines that their application in a par-
ticular situation would not be in the Federal Govern-
ment’s interest. 
(iv) 
SPECIAL
RULE
REGARDING
WAIVERS.—No 
organization or subcontractor under this paragraph 
shall receive a waiver that allows the organization 
or subcontractor to evaluate any aspect of the program 
under this section that the organization or subcon-
tractor was involved in implementing. 
(2) TECHNICAL ASSISTANCE.— 
(A) IN GENERAL.—The Secretary may use funds made 
available under paragraph (3) to provide technical assist-
ance to prospective applicants and to eligible local edu-
cational agencies receiving a grant under this section. 
(B) CONFLICTS OF INTEREST.—If the Secretary carries 
out subparagraph (A) through any contracts, the Secretary, 
in consultation with the Office of the General Counsel 
of the Department, shall ensure that each contract requires 
the contractor to— 
(i) screen for conflicts of interest when hiring 
individuals to carry out the responsibilities under the 
contract; 
(ii) include the requirement of clause (i) in any 
subcontracts the contractor enters into under the con-
tract; and 
(iii) establish and follow a schedule for carrying 
out clause (i) and subparagraph (C) and reporting to 
the Secretary on the contractor’s actions under those 
provisions. 
(C) SCREENING PROCESS.—Subject to subparagraph (D), 
the screening process described in subparagraph (B)(i) 
shall— 
(i) include, at a minimum, a review of— 
(I) each individual performing duties under 
the contract or subcontract for connections to any 
State’s program under this section; 
(II) 
such 
individual’s 
potential 
financial 
interests in, or other connection to, products, 
activities, or services that might be purchased by 
a State educational agency or local educational 
agency in the course of the agency’s implementa-
tion of the program under this section; and 
(III) such individual’s connections to teaching 
methodologies that might require the use of spe-
cific products, activities, or services; and 
(ii) ensure that individuals performing duties 
under the contract do not maintain significant financial 
interests in products, activities, or services supported 
under this section. 
(D) WAIVER.— 
(i) IN GENERAL.—The Secretary may, in consulta-
tion with the Office of the General Counsel of the 
Department, waive the requirements of subparagraph 
(C). 
(ii) REPORT.—The Secretary shall— 
(I) establish criteria for the waivers under 
clause (i); and 
Criteria. 
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121 STAT. 649 
PUBLIC LAW 110–69—AUG. 9, 2007 
(II) report any waivers under clause (i), and 
the criteria under which such waivers are allowed, 
to the Committee on Education and Labor of the 
House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the 
Senate. 
(E) INFORMATION DISSEMINATION.— 
(i) IN GENERAL.—If the Secretary enters into con-
tracts to provide technical assistance under subpara-
graph (A), and if a contractor enters into subcontracts 
for that purpose, each such contract and subcontract 
shall require the provider of technical assistance to 
clearly separate technical assistance provided under 
the contract or subcontract from information provided, 
or activities engaged in, as part of the normal oper-
ations of the contractor or subcontractor. 
(ii) METHODS OF COMPLIANCE.—Efforts to comply 
with clause (i) may include the creation of separate 
webpages for the purpose of fulfilling a contract or 
subcontract entered into under subparagraph (A). 
(3) RESERVATION OF FUNDS.—The Secretary may reserve 
not more than 2.5 percent of funds appropriated under sub-
section (k) for a fiscal year to carry out this subsection. 
(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $95,000,000 for fiscal 
year 2008, and such sums as may be necessary for each of the 
2 succeeding fiscal years. 
SEC. 6202. SUMMER TERM EDUCATION PROGRAMS. 
(a) PURPOSE.—The purpose of this section is to create opportuni-
ties for summer learning by providing students with access to 
summer learning in mathematics, technology, and problem-solving 
to ensure that students do not experience learning losses over 
the summer and to remedy, reinforce, and accelerate the learning 
of mathematics and problem-solving. 
(b) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an 
entity that— 
(A) desires to participate in a summer learning grant 
program under this section by providing summer learning 
opportunities described in subsection (d)(4)(A)(ii) to eligible 
students; and 
(B) is— 
(i) a high-need local educational agency; or 
(ii) a consortium consisting of a high-need local 
educational agency and 1 or more of the following 
entities: 
(I) Another local educational agency. 
(II) A community-based youth development 
organization with a demonstrated record of 
effectiveness in helping students learn. 
(III) An institution of higher education. 
(IV) An educational service agency. 
(V) A for-profit educational provider, nonprofit 
organization, science center, museum, or summer 
enrichment camp, that has been approved by the 
State educational agency to provide the summer 
20 USC 9852. 
Waivers. 
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121 STAT. 650 
PUBLIC LAW 110–69—AUG. 9, 2007 
learning 
opportunity 
described 
in 
subsection 
(d)(4)(A)(ii). 
(2) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means 
a student who— 
(A) is eligible for a free lunch under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et seq.); 
and 
(B) is served by a local educational agency identified 
by the State educational agency in the application described 
in subsection (c)(2). 
(3) HIGH-NEED
LOCAL
EDUCATIONAL
AGENCY.—The term 
‘‘high-need local educational agency’’ has the meaning given 
the term in section 6112. 
(c) DEMONSTRATION GRANT PROGRAM.— 
(1) PROGRAM AUTHORIZED.— 
(A) IN GENERAL.—From the funds appropriated under 
subsection (f) for a fiscal year, the Secretary shall carry 
out a demonstration grant program in which the Secretary 
awards grants, on a competitive basis, to State educational 
agencies to enable the State educational agencies to pay 
the Federal share of summer learning grants for eligible 
students. 
(B) NUMBER
OF
GRANTS.—For each fiscal year, the 
Secretary shall award not more than 5 grants under this 
section. 
(2) APPLICATION.—A State educational agency that desires 
to receive a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and accompanied 
by such information as the Secretary may require. Such applica-
tion shall identify the areas in the State where the summer 
learning grant program will be offered and the local educational 
agencies that serve such areas. 
(3) AWARD BASIS.— 
(A) SPECIAL
CONSIDERATION.—In awarding grants 
under this section, the Secretary shall give special consider-
ation to a State educational agency that agrees, to the 
extent possible, to enter into agreements with eligible enti-
ties that are consortia described in subsection (b)(1)(B)(ii) 
and that proposes to target services to children in grades 
kindergarten through grade 8. 
(B) GEOGRAPHIC
DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall take into consider-
ation an equitable geographic distribution of the grants. 
(d) SUMMER LEARNING GRANTS.— 
(1) USE OF GRANTS FOR SUMMER LEARNING GRANTS.— 
(A) IN GENERAL.—Each State educational agency that 
receives a grant under subsection (c) for a fiscal year shall 
use the grant funds to provide summer learning grants 
for the fiscal year to eligible students in the State who 
desire to attend a summer learning opportunity offered 
by an eligible entity that enters into an agreement with 
the State educational agency under paragraph (4)(A). 
(B) AMOUNT; FEDERAL AND NON-FEDERAL SHARES.— 
(i) AMOUNT.—The amount of a summer learning 
grant provided under this section shall be— 
(I) for each of the fiscal years 2008 through 
2011, $1,600; and 
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121 STAT. 651 
PUBLIC LAW 110–69—AUG. 9, 2007 
(II) for fiscal year 2012, $1,800. 
(ii) FEDERAL SHARE.—The Federal share of each 
summer learning grant shall be not more than 50 
percent of the amount of the summer learning grant 
determined under clause (i). 
(iii) NON-FEDERAL SHARE.—The non-Federal share 
of each summer learning grant shall be not less than 
50 percent of the amount of the summer learning grant 
determined under clause (i), and shall be provided 
from non-Federal sources. 
(2) DESIGNATION OF SUMMER SCHOLARS.—Eligible students 
who receive summer learning grants under this section shall 
be known as ‘‘summer scholars’’. 
(3) SELECTION OF SUMMER LEARNING OPPORTUNITY.— 
(A) DISSEMINATION
OF
INFORMATION.—A State edu-
cational agency that receives a grant under subsection 
(c) shall disseminate information about summer learning 
opportunities and summer learning grants to the families 
of eligible students in the State. 
(B) APPLICATION.—The parents of an eligible student 
who are interested in having their child participate in 
a summer learning opportunity and receive a summer 
learning grant shall submit an application to the State 
educational agency that includes a ranked list of preferred 
summer learning opportunities. 
(C) PROCESS.—A State educational agency that receives 
an application under subparagraph (B) shall— 
(i) process such application; 
(ii) determine whether the eligible student shall 
receive a summer learning grant; 
(iii) coordinate the assignment of eligible students 
receiving summer learning grants with summer 
learning opportunities; and 
(iv) if demand for a summer learning opportunity 
exceeds capacity, the State educational agency shall 
prioritize applications to low-achieving eligible stu-
dents. 
(D) FLEXIBILITY.—A State educational agency may 
assign a summer scholar to a summer learning opportunity 
program that is offered in an area served by a local edu-
cational agency that is not the local educational agency 
serving the area where such scholar resides. 
(E) REQUIREMENT OF ACCEPTANCE.—An eligible entity 
shall accept, enroll, and provide the summer learning 
opportunity of such entity to, any summer scholar assigned 
to such summer learning opportunity by a State edu-
cational agency pursuant to this subsection. 
(4) AGREEMENT WITH ELIGIBLE ENTITY.— 
(A) IN
GENERAL.—A State educational agency shall 
enter into an agreement with one or more eligible entities 
offering a summer learning opportunity, under which— 
(i) the State educational agency shall agree to 
make payments to the eligible entity, in accordance 
with subparagraph (B), for a summer scholar; and 
(ii) the eligible entity shall agree to provide the 
summer scholar with a summer learning opportunity 
that— 
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121 STAT. 652 
PUBLIC LAW 110–69—AUG. 9, 2007 
(I) provides a total of not less than the equiva-
lent of 30 full days of instruction (or not less 
than the equivalent of 25 full days of instruction, 
if the equivalent of an additional 5 days is devoted 
to field trips or other enrichment opportunities) 
to the summer scholar; 
(II) employs small-group, research-based edu-
cational programs, materials, curricula, and prac-
tices; 
(III) provides a curriculum that— 
(aa) emphasizes mathematics, technology, 
engineering, and problem-solving through 
experiential learning opportunities; 
(bb) is primarily designed to increase the 
numeracy and problem-solving skills of the 
summer scholar; and 
(cc) is aligned with State academic content 
standards and goals of the local educational 
agency serving the summer scholar; 
(IV) measures student progress to determine 
the gains made by summer scholars in the summer 
learning opportunity, and disaggregates the results 
of such progress for summer scholars by race and 
ethnicity, economic status, limited English pro-
ficiency status, and disability status, in order to 
determine the opportunity’s impact on each sub-
group of summer scholars; 
(V) collects daily attendance data on each 
summer scholar; 
(VI) 
provides 
professional 
development 
opportunities for teachers to improve their practice 
in teaching numeracy, and in integrating problem- 
solving techniques into the curriculum; and 
(VII) meets all applicable Federal, State, and 
local civil rights laws. 
(B) AMOUNT OF PAYMENT.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
a State educational agency shall make a payment to 
an eligible entity for a summer scholar in the amount 
determined under paragraph (1)(B)(i). 
(ii) ADJUSTMENT.—In the case in which a summer 
scholar does not attend the full summer learning oppor-
tunity, the State educational agency shall reduce the 
amount provided to the eligible entity pursuant to 
clause (i) by a percentage that is equal to the percent-
age of the summer learning opportunity not attended 
by such scholar. 
(5) ADMINISTRATIVE
COSTS.—A State educational agency 
or eligible entity receiving funding under this section may 
use not more than 5 percent of such funding for administrative 
costs associated with carrying out this section. 
(e) EVALUATIONS; REPORT; WEBSITE.— 
(1) EVALUATION AND ASSESSMENT.—For each year that an 
eligible entity enters into an agreement under subsection (d)(4), 
the eligible entity shall prepare and submit to the Secretary 
a report on the activities and outcomes of each summer learning 
opportunity that enrolled a summer scholar, including— 
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121 STAT. 653 
PUBLIC LAW 110–69—AUG. 9, 2007 
(A) information on the design of the summer learning 
opportunity; 
(B) the alignment of the summer learning opportunity 
with State standards; and 
(C) data from assessments of student mathematics and 
problem-solving skills for the summer scholars and on the 
attendance of the scholars, disaggregated by the subgroups 
described in subsection (d)(4)(A)(ii)(IV). 
(2) REPORT.—For each year funds are appropriated under 
subsection (f) for this section, the Secretary shall prepare and 
submit a report to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Education 
and Labor of the House of Representatives on the summer 
learning grant programs, including the effectiveness of the 
summer learning opportunities in improving student achieve-
ment and learning. 
(3) SUMMER
LEARNING
GRANTS
WEBSITE.—The Secretary 
shall make accessible, on the Department of Education website, 
information for parents and school personnel on successful pro-
grams and curricula, and best practices, for summer learning 
opportunities. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2008 and each of the 2 succeeding 
fiscal years. 
SEC. 6203. MATH SKILLS FOR SECONDARY SCHOOL STUDENTS. 
(a) PURPOSES.—The purposes of this section are— 
(1) to provide assistance to State educational agencies and 
local educational agencies in implementing effective research- 
based mathematics programs for students in secondary schools, 
including students with disabilities and students with limited 
English proficiency; 
(2) to improve instruction in mathematics for students in 
secondary school through the implementation of mathematics 
programs and the support of comprehensive mathematics initia-
tives that are based on the best available evidence of effective-
ness; 
(3) to provide targeted help to low-income students who 
are struggling with mathematics and whose achievement is 
significantly below grade level; and 
(4) to provide in-service training for mathematics coaches 
who can assist secondary school teachers to utilize research- 
based mathematics instruction to develop and improve students’ 
mathematical abilities and knowledge, and assist teachers in 
assessing and improving student academic achievement. 
(b) DEFINITIONS.—In this section: 
(1) ELIGIBLE
LOCAL
EDUCATIONAL
AGENCY.—The term 
‘‘eligible local educational agency’’ means a local educational 
agency that is eligible to receive funds, and that is receiving 
funds, under part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.). 
(2) MATHEMATICS COACH.—The term ‘‘mathematics coach’’ 
means a certified or licensed teacher, with a demonstrated 
effectiveness in teaching mathematics to students with special-
ized needs in mathematics and improving student academic 
20 USC 9853. 
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121 STAT. 654 
PUBLIC LAW 110–69—AUG. 9, 2007 
achievement in mathematics, a command of mathematical con-
tent knowledge, and the ability to work with classroom teachers 
to improve the teachers’ instructional techniques to support 
mathematics improvement, who works on site at a school— 
(A) to train teachers to better assess student learning 
in mathematics; 
(B) to train teachers to assess students’ mathematics 
skills and identify students who need remediation; and 
(C) to provide or assess remedial mathematics instruc-
tion, including for— 
(i) students in after-school and summer school pro-
grams; 
(ii) students requiring additional instruction; 
(iii) students with disabilities; and 
(iv) students with limited English proficiency. 
(c) PROGRAM AUTHORIZED.— 
(1) IN
GENERAL.—From funds appropriated under sub-
section (o) for a fiscal year, the Secretary shall establish a 
program, in accordance with the requirements of this section, 
that will provide grants on a competitive basis to State edu-
cational agencies to award grants and subgrants to eligible 
local educational agencies for the purpose of establishing mathe-
matics programs to improve the overall mathematics perform-
ance of secondary school students in the State. 
(2) LENGTH OF GRANT.—A grant to a State educational 
agency under this section shall be awarded for a period of 
3 years. 
(d) RESERVATION OF FUNDS BY THE SECRETARY.—From amounts 
appropriated under subsection (o) for a fiscal year, the Secretary 
may reserve— 
(1) not more than 3 percent of such amounts to fund 
national activities in support of the programs assisted under 
this section, such as research and dissemination of best prac-
tices, except that the Secretary may not use the reserved funds 
to award grants directly to local educational agencies; and 
(2) not more than 1⁄2 of 1 percent of such amounts for 
the Bureau of Indian Education of the Department of the 
Interior to carry out the services and activities described in 
subsection (k)(3) for Indian children. 
(e) GRANT FORMULAS.— 
(1) COMPETITIVE
GRANTS
TO
STATE
EDUCATIONAL
AGEN-
CIES.—From amounts appropriated under subsection (o) and 
not reserved under subsection (d), the Secretary shall award 
grants, on a competitive basis, to State educational agencies 
to enable the State educational agencies to provide subgrants 
to eligible local educational agencies to establish mathematics 
programs for the purpose of improving overall mathematics 
performance among students in secondary school in the State. 
(2) MINIMUM GRANT.—The Secretary shall ensure that the 
minimum grant made to any State educational agency under 
this section shall be not less than $500,000. 
(f) APPLICATIONS.—In order to receive a grant under this sec-
tion, a State educational agency shall submit an application to 
the Secretary at such time, in such manner, and accompanied 
by such information as the Secretary may require. Each such 
application shall meet the following conditions: 
Grants. 
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121 STAT. 655 
PUBLIC LAW 110–69—AUG. 9, 2007 
(1) A State educational agency shall not include the applica-
tion for assistance under this section in a consolidated applica-
tion submitted under section 9302 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7842). 
(2) The State educational agency’s application shall include 
assurances that such application and any technical assistance 
provided by the State will be guided by a peer review team, 
which shall consist of— 
(A) researchers with expertise in the pedagogy of 
mathematics; 
(B) mathematicians; and 
(C) mathematics educators serving high-risk, high- 
achievement schools and eligible local educational agencies. 
(3) The State educational agency shall include an assurance 
that the State has a process to safeguard against conflicts 
of interest consistent with subsection (m)(2) and section 6204 
for individuals providing technical assistance on behalf of the 
State educational agency or participating in the State peer 
review process under this subtitle. 
(4) The State educational agency will participate, if 
requested, in any evaluation of the State educational agency’s 
program under this section. 
(5) The State educational agency’s application shall include 
a program plan that contains a description of the following: 
(A) How the State educational agency will assist 
eligible local educational agencies in implementing sub-
grants, including providing ongoing professional develop-
ment for mathematics coaches, teachers, paraprofessionals, 
and administrators. 
(B) How the State educational agency will help eligible 
local educational agencies identify high-quality screening, 
diagnostic, and classroom-based instructional mathematics 
assessments. 
(C) How the State educational agency will help eligible 
local educational agencies identify high-quality research- 
based mathematics materials and programs. 
(D) How the State educational agency will help eligible 
local educational agencies identify appropriate and effective 
materials, programs, and assessments for students with 
disabilities and students with limited English proficiency. 
(E) How the State educational agency will ensure that 
professional development funded under this section— 
(i) is based on mathematics research; 
(ii) will effectively improve instructional practices 
for mathematics for secondary school students; 
(iii) will improve student academic achievement 
in mathematics; and 
(iv) is coordinated with professional development 
activities funded through other programs, including 
section 2113 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6613). 
(F) How funded activities will help teachers and other 
instructional staff to implement research-based components 
of mathematics instruction and improve student academic 
achievement. 
(G) The subgrant process the State educational agency 
will use to ensure that eligible local educational agencies 
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121 STAT. 656 
PUBLIC LAW 110–69—AUG. 9, 2007 
receiving subgrants implement programs and practices 
based on mathematics research. 
(H) How the State educational agency will build on 
and promote coordination among mathematics programs 
in the State to increase overall effectiveness in improving 
mathematics instruction and student academic achieve-
ment, including for students with disabilities and students 
with limited English proficiency. 
(I) How the State educational agency will regularly 
assess and evaluate the effectiveness of the eligible local 
educational agency activities funded under this section. 
(g) STATE USE
OF FUNDS.—Each State educational agency 
receiving a grant under this section shall— 
(1) establish a peer review team comprised of researchers 
with expertise in the pedagogy of mathematics, mathemati-
cians, and mathematics educators from high-risk, high-achieve-
ment schools, to provide guidance to eligible local educational 
agencies in selecting or developing and implementing appro-
priate, research-based mathematics programs for secondary 
school students; 
(2) use 80 percent of the grant funds received under this 
section for a fiscal year to fund high-quality applications for 
subgrants to eligible local educational agencies having applica-
tions approved under subsection (k); and 
(3) use 20 percent of the grant funds received under this 
section— 
(A) to carry out State-level activities described in the 
application submitted under subsection (f); 
(B) to provide— 
(i) technical assistance to eligible local educational 
agencies; and 
(ii) 
high-quality 
professional 
development 
to 
teachers and mathematics coaches in the State; 
(C) to oversee and evaluate subgrant services and 
activities undertaken by the eligible local educational agen-
cies as described in subsection (k)(3); and 
(D) for administrative costs, of which not more than 
5 percent of the grant funds may be used for planning, 
administration, and reporting. 
(h) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—Each 
State educational agency receiving a grant under this section shall 
provide notice to all eligible local educational agencies in the State 
about the availability of subgrants under this section. 
(i) PROHIBITIONS.— 
(1) IN GENERAL.—In implementing this section, the Sec-
retary shall not— 
(A) endorse, approve, or sanction any mathematics cur-
riculum designed for use in any school; or 
(B) engage in oversight, technical assistance, or activi-
ties that will require the adoption of a specific mathematics 
program or instructional materials by a State, local edu-
cational agency, or school. 
(2) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to authorize or permit the Secretary, Department 
of Education, or a Department of Education contractor, to man-
date, direct, control, or suggest the selection of a mathematics 
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121 STAT. 657 
PUBLIC LAW 110–69—AUG. 9, 2007 
curriculum, supplemental instructional materials, or program 
of instruction by a State, local educational agency, or school. 
(j) SUPPLEMENT
NOT
SUPPLANT.—Each State educational 
agency receiving a grant under this section shall use the grant 
funds to supplement, not supplant, State funding for activities 
authorized under this section or for other educational activities. 
(k) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— 
(1) APPLICATION.— 
(A) IN
GENERAL.—Each eligible local educational 
agency desiring a subgrant under this subsection shall 
submit an application to the State educational agency in 
the form and according to the schedule established by 
the State educational agency. 
(B) 
CONTENTS.—In 
addition 
to 
any 
information 
required by the State educational agency, each application 
under subparagraph (A) shall demonstrate how the eligible 
local educational agency will carry out the following 
required activities: 
(i) Development or selection and implementation 
of research-based mathematics assessments. 
(ii) Development or selection and implementation 
of research-based mathematics programs, including 
programs for students with disabilities and students 
with limited English proficiency. 
(iii) Selection of instructional materials based on 
mathematics research. 
(iv) High-quality professional development for 
mathematics coaches and teachers based on mathe-
matics research. 
(v) Evaluation and assessment strategies. 
(vi) Reporting. 
(vii) Providing access to research-based mathe-
matics materials. 
(C) CONSORTIA.—Consistent with State law, an eligible 
local educational agency may apply to the State educational 
agency for a subgrant as a member of a consortium of 
local educational agencies if each member of the consortium 
is an eligible local educational agency. 
(2) AWARD BASIS.— 
(A) PRIORITY.—A State educational agency awarding 
subgrants under this subsection shall give priority to 
eligible local educational agencies that— 
(i) are among the local educational agencies in 
the State with the lowest graduation rates, as 
described in section 1111(b)(2)(C)(vi) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)(C)(vi)); and 
(ii) have the highest number or percentage of stu-
dents who are counted under section 1124(c) of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6333(c)). 
(B) AMOUNT OF GRANTS.—Subgrants under this sub-
section shall be of sufficient size and scope to enable eligible 
local educational agencies to fully implement activities 
assisted under this subsection. 
(3) LOCAL USE OF FUNDS.—Each eligible local educational 
agency receiving a subgrant under this subsection shall use 
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121 STAT. 658 
PUBLIC LAW 110–69—AUG. 9, 2007 
the subgrant funds to carry out, at the secondary school level, 
the following services and activities: 
(A) Hiring mathematics coaches and providing profes-
sional development for mathematics coaches— 
(i) at a level to provide effective coaching to class-
room teachers; 
(ii) to work with classroom teachers to better 
assess student academic achievement in mathematics; 
(iii) to work with classroom teachers to identify 
students with mathematics problems and, where 
appropriate, refer students to available programs for 
remediation and additional services; 
(iv) to work with classroom teachers to diagnose 
and remediate mathematics difficulties of the lowest- 
performing students, so that those teachers can provide 
intensive, research-based instruction, including during 
after-school and summer sessions, geared toward 
ensuring that those students can access and be success-
ful in rigorous academic coursework; and 
(v) to assess and organize student data on mathe-
matics and communicate that data to school adminis-
trators to inform school reform efforts. 
(B) Reviewing, analyzing, developing, and, where pos-
sible, adapting curricula to make sure mathematics skills 
are taught within other core academic subjects. 
(C) Providing mathematics professional development 
for all relevant teachers in secondary school, as necessary, 
that addresses both remedial and higher level mathematics 
skills for students in the applicable curriculum. 
(D) Providing professional development for teachers, 
administrators, and paraprofessionals serving secondary 
schools to help the teachers, administrators, and para-
professionals improve student academic achievement in 
mathematics. 
(E) Procuring and implementing programs and instruc-
tional materials based on mathematics research, including 
software and other education technology related to mathe-
matics instruction with demonstrated effectiveness in 
improving mathematics instruction and student academic 
achievement. 
(F) Building on and promoting coordination among 
mathematics programs in the eligible local educational 
agency to increase overall effectiveness in— 
(i) improving mathematics instruction; and 
(ii) increasing student academic achievement, 
including for students with disabilities and students 
with limited English proficiency. 
(G) Evaluating the effectiveness of the instructional 
strategies, teacher professional development programs, and 
other interventions that are implemented under the 
subgrant. 
(H) Measuring improvement in student academic 
achievement, including through progress monitoring or 
other assessments. 
(4) SUPPLEMENT NOT SUPPLANT.—Each eligible local edu-
cational agency receiving a subgrant under this subsection shall 
use the subgrant funds to supplement, not supplant, the eligible 
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121 STAT. 659 
PUBLIC LAW 110–69—AUG. 9, 2007 
local educational agency’s funding for activities authorized 
under this section or for other educational activities. 
(5) NEW SERVICES AND ACTIVITIES.—Subgrant funds pro-
vided under this subsection may be used only to provide services 
and activities authorized under this section that were not pro-
vided on the day before the date of enactment of this Act. 
(6) EVALUATIONS.—Each eligible local educational agency 
receiving a grant under this subsection shall participate, as 
requested by the State educational agency or the Secretary, 
in reviews and evaluations of the programs of the eligible 
local educational agency and the effectiveness of such programs, 
and shall provide such reports as are requested by the State 
educational agency and the Secretary. 
(l) MATCHING REQUIREMENTS.— 
(1) STATE EDUCATIONAL AGENCY REQUIREMENTS.—A State 
educational agency that receives a grant under this section 
shall provide, from non-Federal sources, an amount equal to 
50 percent of the amount of the grant, in cash or in-kind, 
to carry out the activities supported by the grant, of which 
not more than 20 percent of such 50 percent may be provided 
by local educational agencies within the State. 
(2) WAIVER.—The Secretary may waive all or a portion 
of the matching requirements described in paragraph (1) for 
any fiscal year, if the Secretary determines that— 
(A) the application of the matching requirement will 
result in serious hardship for the State educational agency; 
or 
(B) providing a waiver best serves the purpose of the 
program assisted under this section. 
(m) EVALUATION AND TECHNICAL ASSISTANCE.— 
(1) EVALUATION.— 
(A) IN
GENERAL.—The Secretary shall conduct an 
annual independent evaluation, by grant or by contract, 
of the program assisted under this section, which shall 
include an assessment of the impact of the program on 
student academic achievement and teacher performance, 
and may use funds available to carry out this section 
to conduct the evaluation. 
(B) REPORT.—The Secretary shall annually submit to 
the Committee on Education and Labor and the Committee 
on Appropriations of the House of Representatives, and 
to the Committee on Health, Education, Labor, and Pen-
sions and the Committee on Appropriations of the Senate, 
a report on the results of the evaluation. 
(C) LIMITATIONS.— 
(i) IN GENERAL.—The Secretary shall ensure that 
the organization selected to carry out the independent 
evaluation under subparagraph (A) does not hold a 
contract or subcontract to implement any aspect of 
the program under this section. 
(ii) SUBCONTRACTORS.—Any contract entered into 
under subparagraph (A) shall prohibit the organization 
conducting the evaluation from subcontracting with 
any entity that holds a contract or subcontract for 
any aspect of the implementation of this section. 
(iii) WAIVER.—Subject to clause (iv), the Secretary 
may waive the application of clause (i) or (ii), or both, 
Grants. 
Contracts. 
Reports. 
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121 STAT. 660 
PUBLIC LAW 110–69—AUG. 9, 2007 
in accordance with the requirements under section 
9.503 of title 48, Code of Federal Regulations, if the 
Secretary determines that their application in a par-
ticular situation would not be in the Federal Govern-
ment’s interest. 
(iv) 
SPECIAL
RULE
REGARDING
WAIVERS.—No 
organization or subcontractor under this paragraph 
shall receive a waiver that allows the organization 
or subcontractor to evaluate any aspect of the program 
under this section that the organization or subcon-
tractor was involved in implementing. 
(2) TECHNICAL ASSISTANCE.— 
(A) IN GENERAL.—The Secretary may use funds made 
available under paragraph (3) to provide technical assist-
ance to prospective applicants and to State educational 
agencies and eligible local educational agencies receiving 
grants or subgrants under this section. 
(B) CONFLICTS OF INTEREST.—If the Secretary carries 
out subparagraph (A) through any contracts, the Secretary, 
in consultation with the Office of the General Counsel 
of the Department, shall ensure that each contract requires 
the contractor to— 
(i) screen for conflicts of interest when hiring 
individuals to carry out the responsibilities under the 
contract; 
(ii) include the requirement of clause (i) in any 
subcontracts the contractor enters into under the con-
tract; and 
(iii) establish and follow a schedule for carrying 
out clause (i) and subparagraph (C) and reporting to 
the Secretary on the contractor’s actions under those 
provisions. 
(C) SCREENING PROCESS.—Subject to subparagraph (D), 
the screening process described in subparagraph (B)(i) 
shall— 
(i) include, at a minimum, a review of— 
(I) each individual performing duties under 
the contract or subcontract for connections to any 
State’s program under this section; 
(II) 
such 
individual’s 
potential 
financial 
interests in, or other connection to, products, 
activities, or services that might be purchased by 
a State educational agency or local educational 
agency in the course of the agency’s implementa-
tion of the program under this section; and 
(III) such individual’s connections to teaching 
methodologies that might require the use of spe-
cific products, activities, or services; and 
(ii) ensure that individuals performing duties 
under the contract do not maintain significant financial 
interests in products, activities, or services supported 
under this section. 
(D) WAIVER.— 
(i) IN GENERAL.—The Secretary may, in consulta-
tion with the Office of the General Counsel of the 
Department, waive the requirements of subparagraph 
(C). 
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121 STAT. 661 
PUBLIC LAW 110–69—AUG. 9, 2007 
(ii) REPORT.—The Secretary shall— 
(I) establish criteria for the waivers under 
clause (i); and 
(II) report any waivers under clause (i), and 
the criteria under which such waivers are allowed, 
to the Committee on Education and Labor of the 
House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the 
Senate. 
(E) INFORMATION DISSEMINATION.— 
(i) IN GENERAL.—If the Secretary enters into con-
tracts to provide technical assistance under subpara-
graph (A), and if a contractor enters into subcontracts 
for that purpose, each such contract and subcontract 
shall require the provider of technical assistance to 
clearly separate technical assistance provided under 
the contract or subcontract from information provided, 
or activities engaged in, as part of the normal oper-
ations of the contractor or subcontractor. 
(ii) METHODS OF COMPLIANCE.—Efforts to comply 
with clause (i) may include the creation of separate 
webpages for the purpose of fulfilling a contract or 
subcontract entered into under subparagraph (A). 
(3) RESERVATION OF FUNDS.—The Secretary may reserve 
not more than 2.5 percent of funds appropriated under sub-
section (o) for a fiscal year to carry out this subsection. 
(n) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— 
(1) INFORMATION.—Each State educational agency receiving 
a grant under this section shall collect and report to the Sec-
retary annually such information on the results of the grant 
as the Secretary may reasonably require, including information 
on— 
(A) mathematics achievement data that show the 
progress of students participating in projects under this 
section (including, to the extent practicable, comparable 
data from students not participating in such projects), 
based primarily on the results of State, school districtwide, 
or classroom-based monitoring reports or assessments, 
including— 
(i) specific identification of those schools and 
eligible local educational agencies that report the 
largest gains in mathematics achievement; and 
(ii) evidence on whether the State educational 
agency and eligible local educational agencies within 
the State have— 
(I) significantly increased the number of stu-
dents achieving at the proficient or advanced level 
on the State student academic achievement stand-
ards in mathematics under section 1111(b)(1)(D)(ii) 
of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(1)(D)(ii)); 
(II) significantly increased the percentages of 
students described in section 1111(b)(2)(C)(v)(II) 
of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) who are 
achieving proficiency or advanced levels on such 
State academic content standards in mathematics; 
Criteria. 
Waivers. 
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121 STAT. 662 
PUBLIC LAW 110–69—AUG. 9, 2007 
(III) significantly increased the number of stu-
dents making significant progress toward meeting 
such State academic content and achievement 
standards in mathematics; and 
(IV) successfully implemented this section; 
(B) the percentage of students in the schools served 
by the eligible local educational agency who enroll in 
advanced mathematics courses in grades 9 through 12, 
including the percentage of such students who pass such 
courses; and 
(C) the progress made in increasing the quality and 
accessibility of professional development and leadership 
activities in mathematics, especially activities resulting in 
greater content knowledge and expertise of teachers, 
administrators, and other school staff, except that the Sec-
retary shall not require such information until after the 
third year of a grant awarded under this section. 
(2) REPORTING
AND
DISAGGREGATION.—The information 
required under paragraph (1) shall be— 
(A) reported in a manner that allows for a comparison 
of aggregated score differentials of student academic 
achievement before (to the extent feasible) and after 
implementation of the project assisted under this section; 
and 
(B) disaggregated in the same manner as information 
is disaggregated under section 1111(h)(1)(C)(i) of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(h)(1)(C)(i)). 
(o) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $95,000,000 for fiscal 
year 2008 and each of the 2 succeeding fiscal years. 
SEC. 6204. PEER REVIEW OF STATE APPLICATIONS. 
(a) PEER REVIEW OF STATE APPLICATIONS.—The Secretary shall 
establish peer review panels to review State educational agency 
applications submitted pursuant to sections 6201 and 6203 and 
shall consider the recommendation of the peer review panels in 
deciding whether to approve the applications. 
(b) SCREENING.— 
(1) IN GENERAL.—The Secretary shall establish a process 
through which individuals on the peer review panels who review 
State applications under sections 6201 and 6203 (referred to 
in this section as ‘‘reviewers’’) are screened for potential con-
flicts of interest. 
(2) SCREENING
REQUIREMENTS.—The screening process 
described in paragraph (1) shall, subject to paragraph (3)— 
(A) be reviewed and approved by the Office of the 
General Counsel of the Department; 
(B) include, at a minimum, a review of each 
reviewer’s— 
(i) professional connection to any State’s program 
under such sections, including a disclosure of any 
connection to publishers, entities, private individuals, 
or organizations related to such State’s program; 
(ii) potential financial interest in products, activi-
ties, or services that might be purchased by a State 
educational agency or local educational agency in the 
Establishment. 
20 USC 9854. 
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121 STAT. 663 
PUBLIC LAW 110–69—AUG. 9, 2007 
course of the agency’s implementation of the programs 
under such sections; and 
(iii) professional connections to teaching meth-
odologies that might require the use of specific prod-
ucts, activities, or services; and 
(C) ensure that reviewers do not maintain significant 
financial interests in products, activities, or services sup-
ported under such sections. 
(3) WAIVER.— 
(A) IN GENERAL.—The Secretary may, in consultation 
with the Office of the General Counsel of the Department, 
waive the requirements of paragraph (2)(C). 
(B) REPORT OF WAIVERS.—The Secretary shall— 
(i) establish criteria for the waivers permitted 
under subparagraph (A); and 
(ii) report any waivers allowed under subpara-
graph (A), and the criteria under which such waivers 
are allowed, to the Committee on Education and Labor 
of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the 
Senate. 
(c) GUIDANCE.— 
(1) IN GENERAL.—The Secretary shall develop procedures 
for, and issue guidance regarding, how reviewers will review 
applications submitted under sections 6201 and 6203 and pro-
vide feedback to State educational agencies and recommenda-
tions to the Secretary. The Secretary shall also develop guid-
ance for how the Secretary will review those recommendations 
and make final determinations of approval or disapproval of 
those applications. 
(2) REQUIREMENTS.—Such procedures shall, at a min-
imum— 
(A) create a transparent process through which review 
panels provide clear, consistent, and publicly available 
documentation and explanations in support of all rec-
ommendations, including the final reviews of the individual 
reviewers, except that a final review shall not reveal any 
personally identifiable information about the reviewer; 
(B) ensure that a State educational agency has the 
opportunity for direct interaction with any review panel 
that reviewed the agency’s application under section 6201 
or 6203 when revising that application as a result of feed-
back from the panel, including the disclosure of the identi-
ties of the reviewers; 
(C) require that any review panel and the Secretary 
clearly and consistently document that all required ele-
ments of an application under section 6201 or 6203 are 
included before the application is approved; and 
(D) create a transparent process through which the 
Secretary clearly, consistently, and publicly documents 
decisions to approve or disapprove applications under such 
sections and the reasons for those decisions. 
Procedures. 
Criteria. 
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121 STAT. 664 
PUBLIC LAW 110–69—AUG. 9, 2007 
Subtitle C—Foreign Language Partnership 
Program 
SEC. 6301. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The United States faces a shortage of skilled profes-
sionals with higher levels of proficiency in foreign languages 
and area knowledge critical to the Nation’s security. 
(2) Given the Nation’s economic competitiveness interests, 
it is crucial that our Nation expand the number of Americans 
who are able to function effectively in the environments in 
which critical foreign languages are spoken. 
(3) Students’ ability to become proficient in foreign lan-
guages can be addressed by starting language learning at a 
younger age and expanding opportunities for continuous foreign 
language education from elementary school through postsec-
ondary education. 
(b) PURPOSE.—The purpose of this subtitle is to significantly 
increase— 
(1) the opportunities to study critical foreign languages 
and the context in which the critical foreign languages are 
spoken; and 
(2) the number of American students who achieve the 
highest level of proficiency in critical foreign languages. 
SEC. 6302. DEFINITIONS. 
In this subtitle: 
(1) ELIGIBLE
RECIPIENT.—The term ‘‘eligible recipient’’ 
means an entity mutually agreed upon by a partnership that 
shall receive grant funds under this subtitle on behalf of the 
partnership for use in carrying out the activities assisted under 
this subtitle. 
(2) PARTNERSHIP.—The term ‘‘partnership’’ means a part-
nership that— 
(A) shall include— 
(i) an institution of higher education; and 
(ii) 1 or more local educational agencies; and 
(B) may include 1 or more entities that support the 
purposes of this subtitle. 
(3) SUPERIOR LEVEL OF PROFICIENCY.—The term ‘‘superior 
level of proficiency’’ means level 3, the professional working 
level, as measured by the Federal Interagency Language Round-
table (ILR) or by other generally recognized measures of supe-
rior standards. 
SEC. 6303. PROGRAM AUTHORIZED. 
(a) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—The Secretary is authorized to award 
grants to eligible recipients to enable partnerships served by 
the eligible recipients to establish articulated programs of study 
in critical foreign languages that will enable students to 
advance successfully from elementary school through postsec-
ondary education and achieve higher levels of proficiency in 
a critical foreign language. 
(2) DURATION.—A grant awarded under paragraph (1) shall 
be for a period of not more than 5 years, of which 2 years 
Grants. 
20 USC 9863. 
20 USC 9862. 
20 USC 9861. 
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121 STAT. 665 
PUBLIC LAW 110–69—AUG. 9, 2007 
may be for planning and development. A grant may be renewed 
for not more than 2 additional 5-year periods, if the Secretary 
determines that the partnership’s program is effective and the 
renewal will best serve the purposes of this subtitle. 
(b) APPLICATIONS.— 
(1) IN GENERAL.—Each eligible recipient desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require. 
(2) CONTENTS.—Each application shall— 
(A) identify each local educational agency partner, 
including contact information and letters of commitment, 
and describe the responsibilities of each member of the 
partnership, including— 
(i) how each of the partners will be involved in 
planning, developing, and implementing— 
(I) program curriculum and materials; and 
(II) teacher professional development; 
(ii) what resources each of the partners will pro-
vide; and 
(iii) how the partners will contribute to ensuring 
the continuity of student progress from elementary 
school through the postsecondary level; 
(B) describe how an articulated curriculum for students 
will be developed and implemented, which may include 
the use and integration of technology into such curriculum; 
(C) identify target proficiency levels for students at 
critical benchmarks (such as grades 4, 8, and 12), and 
describe how progress toward those proficiency levels will 
be assessed at the benchmarks, and how the program will 
use the results of the assessments to ensure continuous 
progress toward achieving a superior level of proficiency 
at the postsecondary level; 
(D) describe how the partnership will— 
(i) ensure that students from a program assisted 
under this subtitle who are beginning postsecondary 
education will be assessed and enabled to progress 
to a superior level of proficiency; 
(ii) address the needs of students already at, or 
near, the superior level of proficiency, which may 
include diagnostic assessments for placement purposes, 
customized and individualized language learning 
opportunities, and experimental and interdisciplinary 
language learning; and 
(iii) identify and describe how the partnership will 
work with institutions of higher education outside the 
partnership to provide participating students with mul-
tiple options for postsecondary education consistent 
with the purposes of this subtitle; 
(E) describe how the partnership will support and con-
tinue the program after the grant has expired, including 
how the partnership will seek support from other sources, 
such as State and local governments, foundations, and 
the private sector; and 
(F) describe what assessments will be used or, if assess-
ments not available, how assessments will be developed. 
(c) USES OF FUNDS.—Grant funds awarded under this subtitle— 
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121 STAT. 666 
PUBLIC LAW 110–69—AUG. 9, 2007 
(1) shall be used to plan, develop, and implement programs 
at the elementary school level through postsecondary education, 
consistent with the purpose of this subtitle, including— 
(A) the development of curriculum and instructional 
materials; and 
(B) recruitment of students; and 
(2) may be used for— 
(A) teacher recruitment (including recruitment from 
other professions and recruitment of native-language 
speakers in the community) and professional development 
directly related to the purposes of this subtitle at the 
elementary school through secondary school levels; 
(B) development of appropriate assessments; 
(C) opportunities for maximum language exposure for 
students in the program, such as the creation of immersion 
environments (such as language houses, language tables, 
immersion classrooms, and weekend and summer experi-
ences) and special tutoring and academic support; 
(D) dual language immersion programs; 
(E) 
scholarships 
and 
study-abroad 
opportunities, 
related to the program, for postsecondary students and 
newly recruited teachers who have advanced levels of pro-
ficiency in a critical foreign language, except that not more 
than 20 percent of the grant funds provided to an eligible 
recipient under this section for a fiscal year may be used 
to carry out this subparagraph; 
(F) activities to encourage community involvement to 
assist in meeting the purposes of this subtitle; 
(G) summer institutes for students and teachers; 
(H) bridge programs that allow dual enrollment for 
secondary school students in institutions of higher edu-
cation; 
(I) programs that expand the understanding and 
knowledge of historic, geographic, and contextual factors 
within countries with populations who speak critical foreign 
languages, if such programs are carried out in conjunction 
with language instruction; 
(J) research on, and evaluation of, the teaching of 
critical foreign languages; 
(K) data collection and analysis regarding the results 
of— 
(i) various student recruitment strategies; 
(ii) program design; and 
(iii) curricular approaches; 
(L) the impact of the strategies, program design, and 
curricular approaches described in subparagraph (K) on 
increasing— 
(i) the number of students studying critical foreign 
languages; and 
(ii) the proficiency of the students in the critical 
foreign languages; and 
(M) distance learning projects for critical foreign lan-
guage learning. 
(d) MATCHING REQUIREMENT.— 
(1) IN GENERAL.—An eligible recipient that receives a grant 
under this subtitle shall provide, toward the cost of carrying 
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121 STAT. 667 
PUBLIC LAW 110–69—AUG. 9, 2007 
out the activities supported by the grant, from non-Federal 
sources, an amount equal to— 
(A) 20 percent of the amount of the grant payment 
for the first fiscal year for which a grant payment is made; 
(B) 30 percent of the amount of the grant payment 
for the second such fiscal year; 
(C) 40 percent of the amount of the grant payment 
for the third such fiscal year; and 
(D) 50 percent of the amount of the grant payment 
for each of the fourth and fifth such fiscal years. 
(2) NON-FEDERAL SHARE.—The non-Federal share required 
under paragraph (1) may be provided in cash or in-kind. 
(3) WAIVER.—The Secretary may waive all or part of the 
matching requirement of paragraph (1), for any fiscal year, 
if the Secretary determines that— 
(A) the application of the matching requirement will 
result in serious hardship for the partnership; or 
(B) the waiver will best serve the purposes of this 
subtitle. 
(e) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under 
this subtitle shall be used to supplement, not supplant, other Fed-
eral and non-Federal funds available to carry out the activities 
described in subsection (c). 
(f) TECHNICAL ASSISTANCE.—The Secretary shall enter into a 
contract to establish a technical assistance center to provide tech-
nical assistance to partnerships developing critical foreign language 
programs assisted under this subtitle. The center shall— 
(1) assist the partnerships in the development of critical 
foreign language instructional materials and assessments; and 
(2) disseminate promising foreign language instructional 
practices. 
(g) PROGRAM EVALUATION.— 
(1) IN GENERAL.—The Secretary may reserve not more than 
5 percent of the total amount appropriated for this subtitle 
for any fiscal year to annually evaluate the programs under 
this subtitle. 
(2) REPORT.—The Secretary shall prepare and annually 
submit, to the Committee on Health, Education, Labor, and 
Pensions of the Senate, the Committee on Education and Labor 
of the House of Representatives, and the Committees on Appro-
priations of the Senate and House of Representatives, a report— 
(A) on the results of any program evaluation conducted 
under this subsection; and 
(B) that includes best practices on the teaching and 
learning of foreign languages based on the findings from 
the evaluation. 
SEC. 6304. AUTHORIZATION OF APPROPRIATIONS. 
For the purpose of carrying out this subtitle, there are author-
ized to be appropriated $28,000,000 for fiscal year 2008, and such 
sums as may be necessary for each of the 2 succeeding fiscal 
years. 
20 USC 9864. 
Contracts. 
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121 STAT. 668 
PUBLIC LAW 110–69—AUG. 9, 2007 
Subtitle D—Alignment of Education 
Programs 
SEC. 
6401. 
ALIGNMENT 
OF 
SECONDARY 
SCHOOL 
GRADUATION 
REQUIREMENTS WITH THE DEMANDS OF 21ST CENTURY 
POSTSECONDARY ENDEAVORS AND SUPPORT FOR P–16 
EDUCATION DATA SYSTEMS. 
(a) PURPOSE.—It is the purpose of this section— 
(1) to promote more accountability with respect to prepara-
tion for higher education, the 21st century workforce, and the 
Armed Forces, by aligning— 
(A) student knowledge, student skills, State academic 
content standards and assessments, and curricula, in 
elementary and secondary education, especially with 
respect to mathematics, science, reading, and, where 
applicable, engineering and technology; with 
(B) the demands of higher education, the 21st century 
workforce, and the Armed Forces; 
(2) to support the establishment or improvement of state-
wide P–16 education data systems that— 
(A) assist States in improving the rigor and quality 
of State academic content standards and assessments; 
(B) ensure students are prepared to succeed in— 
(i) academic credit-bearing coursework in higher 
education without the need for remediation; 
(ii) the 21st century workforce; or 
(iii) the Armed Forces; and 
(3) enable States to have valid and reliable information 
to inform education policy and practice. 
(b) DEFINITIONS.—In this section: 
(1) P–16 EDUCATION.—The term ‘‘P–16 education’’ means 
the educational system from preschool through the conferring 
of a baccalaureate degree. 
(2) STATEWIDE PARTNERSHIP.—The term ‘‘statewide part-
nership’’ means a partnership that— 
(A) shall include— 
(i) the Governor of the State or the designee of 
the Governor; 
(ii) the heads of the State systems for public higher 
education, or, if such a position does not exist, not 
less than 1 representative of a public degree-granting 
institution of higher education; 
(iii) a representative of the agencies in the State 
that administer Federal or State-funded early child-
hood education programs; 
(iv) not less than 1 representative of a public 
community college; 
(v) not less than 1 representative of a technical 
school; 
(vi) not less than 1 representative of a public sec-
ondary school; 
(vii) the chief State school officer; 
(viii) the chief executive officer of the State higher 
education coordinating board; 
(ix) not less than 1 public elementary school 
teacher employed in the State; 
20 USC 9871. 
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121 STAT. 669 
PUBLIC LAW 110–69—AUG. 9, 2007 
(x) not less than 1 early childhood educator in 
the State; 
(xi) not less than 1 public secondary school teacher 
employed in the State; 
(xii) not less than 1 representative of the business 
community in the State; and 
(xiii) not less than 1 member of the Armed Forces; 
and 
(B) may include other individuals or representatives 
of other organizations, such as a school administrator, a 
faculty member at an institution of higher education, a 
member of a civic or community organization, a representa-
tive from a private institution of higher education, a dean 
or similar representative of a school of education at an 
institution of higher education or a similar teacher certifi-
cation or licensure program, or the State official responsible 
for economic development. 
(c) GRANTS AUTHORIZED.—The Secretary is authorized to award 
grants, on a competitive basis, to States to enable each such State 
to work with a statewide partnership— 
(1) to promote better alignment of content knowledge 
requirements for secondary school graduation with the knowl-
edge and skills needed to succeed in postsecondary education, 
the 21st century workforce, or the Armed Forces; or 
(2) to establish or improve a statewide P–16 education 
data system. 
(d) PERIOD OF GRANTS; NON-RENEWABILITY.— 
(1) GRANT
PERIOD.—The Secretary shall award a grant 
under this section for a period of not more than 3 years. 
(2) NON-RENEWABILITY.—The Secretary shall not award a 
State more than 1 grant under this section. 
(e) AUTHORIZED ACTIVITIES.— 
(1) GRANTS FOR P–16 ALIGNMENT.—Each State receiving 
a grant under subsection (c)(1)— 
(A) shall use the grant funds for— 
(i) identifying and describing the content knowl-
edge and skills students who enter institutions of 
higher education, the workforce, and the Armed Forces 
need to have in order to succeed without any remedi-
ation based on detailed requirements obtained from 
institutions of higher education, employers, and the 
Armed Forces; 
(ii) identifying and making changes that need to 
be made to a State’s secondary school graduation 
requirements, academic content standards, academic 
achievement standards, and assessments preceding 
graduation from secondary school in order to align 
the requirements, standards, and assessments with 
the knowledge and skills necessary for success in aca-
demic credit-bearing coursework in postsecondary edu-
cation, in the 21st century workforce, and in the Armed 
Forces without the need for remediation; 
(iii) convening stakeholders within the State and 
creating a forum for identifying and deliberating on 
education issues that— 
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121 STAT. 670 
PUBLIC LAW 110–69—AUG. 9, 2007 
(I) involve preschool through grade 12 edu-
cation, postsecondary education, the 21st century 
workforce, and the Armed Forces; and 
(II) transcend any single system of education’s 
ability to address; and 
(iv) implementing activities designed to ensure the 
enrollment of all elementary school and secondary 
school students in rigorous coursework, which may 
include— 
(I) specifying the courses and performance 
levels necessary for acceptance into institutions 
of higher education; and 
(II) developing or providing guidance to local 
educational agencies within the State on the adop-
tion of curricula and assessments aligned with 
State academic content standards, which assess-
ments may be used as measures of student aca-
demic achievement in secondary school as well 
as for entrance or placement at institutions of 
higher education, including through collaboration 
with institutions of higher education in, or State 
educational agencies serving, other States; and 
(B) may use the grant funds for— 
(i) developing and making available specific 
opportunities for extensive professional development 
for teachers, paraprofessionals, principals, and school 
administrators, including collection and dissemination 
of effective teaching practices to improve instruction 
and instructional support mechanisms; 
(ii) identifying changes in State academic content 
standards, academic achievement standards, and 
assessments for students in grades preceding sec-
ondary school in order to ensure such standards and 
assessments are appropriately aligned and adequately 
reflect the content needed to prepare students to enter 
secondary school; 
(iii) developing a plan to provide remediation and 
additional learning opportunities for students who are 
performing below grade level to ensure that all stu-
dents will have the opportunity to meet secondary 
school graduation requirements; 
(iv) identifying and addressing teacher certification 
needs; or 
(v) incorporating 21st century learning skills into 
the State plan, which skills shall include critical 
thinking, problem solving, communication, collabora-
tion, global awareness, and business and financial lit-
eracy. 
(2) GRANTS
FOR
STATEWIDE
P–16
EDUCATION
DATA
SYS-
TEMS.— 
(A) ESTABLISHMENT
OF
SYSTEM.—Each State that 
receives a grant under subsection (c)(2) shall establish a 
statewide P–16 education longitudinal data system that— 
(i) provides each student, upon enrollment in a 
public elementary school or secondary school in the 
State, with a unique identifier, such as a bar code, 
that— 
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121 STAT. 671 
PUBLIC LAW 110–69—AUG. 9, 2007 
(I) does not permit a student to be individually 
identified by users of the system; and 
(II) is retained throughout the student’s enroll-
ment in P–16 education in the State; and 
(ii) meets the requirements of subparagraphs (B) 
through (E). 
(B) IMPROVEMENT OF EXISTING SYSTEM.—Each State 
that receives a grant under subsection (c)(2) for the 
improvement of a statewide P–16 education data system 
may employ, coordinate, or revise an existing statewide 
data system to establish a statewide longitudinal P–16 
education data system that meets the requirements of 
subparagraph (A), if the statewide longitudinal P–16 edu-
cation data system produces valid and reliable data. 
(C) PRIVACY AND ACCESS TO DATA.— 
(i) IN GENERAL.—Each State that receives a grant 
under subsection (c)(2) shall implement measures to— 
(I) ensure that the statewide P–16 education 
data system meets the requirements of section 444 
of the General Education Provisions Act (20 U.S.C. 
1232g) (commonly known as the Family Edu-
cational Rights and Privacy Act of 1974); 
(II) limit the use of information in the state-
wide P–16 education data system by institutions 
of higher education and State or local educational 
agencies or institutions to the activities set forth 
in paragraph (1) or State law regarding education, 
consistent with the purposes of this subtitle; 
(III) prohibit the disclosure of personally 
identifiable information except as permitted under 
section 444 of the General Education Provisions 
Act and any additional limitations set forth in 
State law; 
(IV) keep an accurate accounting of the date, 
nature, and purpose of each disclosure of person-
ally identifiable information in the statewide P– 
16 education data system, a description of the 
information disclosed, and the name and address 
of the person, agency, institution, or entity to 
whom the disclosure is made, which accounting 
shall be made available on request to parents of 
any student whose information has been disclosed; 
(V) notwithstanding section 444 of the General 
Education Provisions Act, require any non-govern-
mental party obtaining personally identifiable 
information to sign a data use agreement prior 
to disclosure that— 
(aa) prohibits the party from further dis-
closing the information; 
(bb) prohibits the party from using the 
information for any purpose other than the 
purpose specified in the agreement; and 
(cc) requires the party to destroy the 
information when the purpose for which the 
disclosure was made is accomplished; 
(VI) maintain adequate security measures to 
ensure the confidentiality and integrity of the 
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121 STAT. 672 
PUBLIC LAW 110–69—AUG. 9, 2007 
statewide P–16 education data system, such as 
protecting a student record from identification by 
a unique identifier; 
(VII) where rights are provided to parents 
under this clause, provide those rights to the stu-
dent instead of the parent if the student has 
reached the age of 18 or is enrolled in a postsec-
ondary educational institution; and 
(VIII) ensure adequate enforcement of the 
requirements of this clause. 
(ii) USE OF UNIQUE IDENTIFIERS.— 
(I) GOVERNMENTAL
USE
OF
UNIQUE
IDENTI-
FIERS.—It shall be unlawful for any Federal, State, 
or local governmental agency to use the unique 
identifiers employed in the statewide P–16 edu-
cation data systems for any purpose other than 
as authorized by Federal or State law regarding 
education, or to deny any individual any right, 
benefit, or privilege provided by law because of 
such individual’s refusal to disclose the individual’s 
unique identifier. 
(II) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall promulgate regulations governing the 
use by governmental and non-governmental enti-
ties of the unique identifiers employed in statewide 
P–16 education data systems, including, where 
necessary, regulations requiring States desiring 
grants for statewide P–16 education data systems 
under this section to implement specified meas-
ures, with the goal of safeguarding individual pri-
vacy to the maximum extent practicable consistent 
with the uses of the information authorized in 
this Act or other Federal or State law regarding 
education. 
(D) REQUIRED ELEMENTS OF A STATEWIDE P–16 EDU-
CATION
DATA
SYSTEM.—The State shall ensure that the 
statewide P–16 education data system includes the fol-
lowing elements: 
(i) PRESCHOOL THROUGH GRADE 12 EDUCATION AND 
POSTSECONDARY
EDUCATION.—With respect to pre-
school through grade 12 education and postsecondary 
education— 
(I) a unique statewide student identifier that 
does not permit a student to be individually identi-
fied by users of the system; 
(II) student-level enrollment, demographic, 
and program participation information; 
(III) student-level information about the points 
at which students exit, transfer in, transfer out, 
drop out, or complete P–16 education programs; 
(IV) the capacity to communicate with higher 
education data systems; and 
(V) a State data audit system assessing data 
quality, validity, and reliability. 
(ii) PRESCHOOL THROUGH GRADE 12 EDUCATION.— 
With respect to preschool through grade 12 education— 
Deadline. 
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121 STAT. 673 
PUBLIC LAW 110–69—AUG. 9, 2007 
(I) yearly test records of individual students 
with respect to assessments under section 1111(b) 
of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)); 
(II) information on students not tested by 
grade and subject; 
(III) a teacher identifier system with the 
ability to match teachers to students; 
(IV) 
student-level 
transcript 
information, 
including information on courses completed and 
grades earned; and 
(V) student-level college readiness test scores. 
(iii) POSTSECONDARY EDUCATION.—With respect to 
postsecondary education, data that provide— 
(I) information regarding the extent to which 
students transition successfully from secondary 
school 
to 
postsecondary 
education, 
including 
whether students enroll in remedial coursework; 
and 
(II) other information determined necessary 
to address alignment and adequate preparation 
for success in postsecondary education. 
(E) FUNCTIONS
OF
THE
STATEWIDE
P–16
EDUCATION 
DATA SYSTEM.—In implementing the statewide P–16 edu-
cation data system, the State shall— 
(i) identify factors that correlate to students’ ability 
to successfully engage in and complete postsecondary- 
level general education coursework without the need 
for prior developmental coursework; 
(ii) identify factors to increase the percentage of 
low-income and minority students who are academi-
cally prepared to enter and successfully complete post-
secondary-level general education coursework; and 
(iii) use the data in the system to otherwise inform 
education policy and practice in order to better align 
State academic content standards, and curricula, with 
the demands of postsecondary education, the 21st cen-
tury workforce, and the Armed Forces. 
(f) APPLICATION.— 
(1) IN GENERAL.—Each State desiring a grant under this 
section shall submit an application to the Secretary at such 
time, in such manner, and containing such information as 
the Secretary may reasonably require. 
(2) APPLICATION
CONTENTS.—Each application submitted 
under this section shall specify whether the State application 
is for the conduct of P–16 education alignment activities, or 
the establishment or improvement of a statewide P–16 edu-
cation data system. The application shall include, at a min-
imum, the following: 
(A) A description of the activities and programs to 
be carried out with the grant funds and a comprehensive 
plan for carrying out the activities. 
(B) A description of how the concerns and interests 
of the larger education community, including parents, stu-
dents, teachers, teacher educators, principals, and pre-
school administrators will be represented in carrying out 
the authorized activities described in subsection (e). 
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121 STAT. 674 
PUBLIC LAW 110–69—AUG. 9, 2007 
(C) In the case of a State applying for funding for 
P–16 education alignment, a description of how the State 
will provide assistance to local educational agencies in 
implementing rigorous State academic content standards, 
substantive 
curricula, 
remediation, 
and 
acceleration 
opportunities for students, as well as other changes deter-
mined necessary by the State. 
(D) In the case of a State applying for funding to 
establish or improve a statewide P–16 education data 
system— 
(i) a description of the privacy protection and 
enforcement measures that the State has implemented 
or will implement pursuant to subsection (e)(2)(C), and 
assurances that these measures will be in place prior 
to the establishment or improvement of the statewide 
P–16 education data system; and 
(ii) an assurance that the State will continue to 
fund the statewide P–16 education data system after 
the end of the grant period. 
(g) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under 
this section shall be used to supplement, not supplant, other Fed-
eral, State, and local funds available to carry out the authorized 
activities described in subsection (e). 
(h) MATCHING REQUIREMENT.—Each State that receives a grant 
under this section shall provide, from non-Federal sources, an 
amount equal to 100 percent of the amount of the grant, in cash 
or in kind, to carry out the activities supported by the grant. 
(i) RULE OF CONSTRUCTION.— 
(1) NO RAW DATA REQUIREMENT.—Nothing in this section 
shall be construed to require States to provide raw data to 
the Secretary. 
(2) PRIVATE OR HOME SCHOOLS.—Nothing in this section 
shall be construed to affect any private school that does not 
receive funds or services under this Act or any home school, 
whether or not the home school is treated as a home school 
or a private school under State law, including imposing new 
requirements for students educated through a home school 
seeking admission to institutions of higher education. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $120,000,000 for fiscal 
year 2008 and such sums as may be necessary for fiscal year 
2009. 
Subtitle E—Mathematics and Science 
Partnership Bonus Grants 
SEC. 
6501. 
MATHEMATICS 
AND 
SCIENCE 
PARTNERSHIP 
BONUS 
GRANTS. 
(a) IN GENERAL.—From amounts appropriated under section 
6502, the Secretary shall award a grant— 
(1) for each of the school years 2007–2008 through 2010– 
2011, to each of the 3 elementary schools, and each of the 
3 secondary schools, each of which has a high concentration 
of low income students as defined in section 1707(2) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6537(2)), in each State whose students demonstrate the most 
20 USC 9881. 
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121 STAT. 675 
PUBLIC LAW 110–69—AUG. 9, 2007 
improvement in mathematics, as measured by the improvement 
in the students’ average score on the State’s assessments in 
mathematics for the school year for which the grant is awarded, 
as compared to the school year preceding the school year for 
which the grant is awarded; and 
(2) for each of the school years 2008–2009 through 2010– 
2011, to each of the 3 elementary schools, and each of the 
3 secondary schools, each of which has a high concentration 
of low income students as defined in section 1707(2) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6537(2)), in each State whose students demonstrate the most 
improvement in science, as measured by the improvement in 
the students’ average score on the State’s assessments in 
science for the school year for which the grant is awarded, 
as compared to the school year preceding the school year for 
which the grant is awarded. 
(b) GRANT AMOUNT.—The amount of each grant awarded under 
this section shall be $50,000. 
SEC. 6502. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this sub-
title such sums as may be necessary for fiscal years 2008 and 
each of the 2 succeeding fiscal years. 
TITLE VII—NATIONAL SCIENCE 
FOUNDATION 
SEC. 7001. DEFINITIONS. 
In this title: 
(1) BASIC RESEARCH.—The term ‘‘basic research’’ has the 
meaning given such term in the Office of Management and 
Budget circular No. A–11. 
(2) BOARD.—The term ‘‘Board’’ means the National Science 
Board established under section 2 of the National Science 
Foundation Act of 1950 (42 U.S.C. 1861). 
(3) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the Foundation. 
(4) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ 
has the meaning given such term in section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
(5) FOUNDATION.—The term ‘‘Foundation’’ means the 
National Science Foundation. 
(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given such term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)). 
(7) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has 
the meaning given such term in section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801). 
SEC. 7002. AUTHORIZATION OF APPROPRIATIONS. 
(a) FISCAL YEAR 2008.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foundation $6,600,000,000 for fiscal year 2008. 
42 USC 1862o 
note. 
20 USC 9882. 
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121 STAT. 676 
PUBLIC LAW 110–69—AUG. 9, 2007 
(2) SPECIFIC
ALLOCATIONS.—Of the amount authorized 
under paragraph (1)— 
(A) $5,156,000,000 shall be made available for research 
and related activities, of which— 
(i) $115,000,000 shall be made available for the 
Major Research Instrumentation program; 
(ii) $165,400,000 shall be made available for the 
Faculty Early Career Development (CAREER) Pro-
gram; 
(iii) $61,600,000 shall be made available for the 
Research Experiences for Undergraduates program; 
(iv) $120,000,000 shall be made available for the 
Experimental Program to Stimulate Competitive 
Research; 
(v) $47,300,000 shall be made available for the 
Integrative 
Graduate 
Education 
and 
Research 
Traineeship program; 
(vi) $9,000,000 shall be made available for the 
Graduate Research Fellowship program; and 
(vii) $10,000,000 shall be made available for the 
professional science master’s degree program under 
section 7034; 
(B) $896,000,000 shall be made available for education 
and human resources, of which— 
(i) $100,000,000 shall be for Mathematics and 
Science Education Partnerships established under sec-
tion 9 of the National Science Foundation Authoriza-
tion Act of 2002 (42 U.S.C. 1862n); 
(ii) $89,800,000 shall be for the Robert Noyce 
Scholarship Program established under section 10 of 
the National Science Foundation Authorization Act of 
2002 (42 U.S.C. 1862n–1); 
(iii) $40,000,000 shall be for the Science, Mathe-
matics, Engineering, and Technology Talent Expansion 
Program established under section 8(7) of the National 
Science Foundation Authorization Act of 2002 (Public 
Law 107–368); 
(iv) $52,000,000 shall be for the Advanced Techno-
logical Education program established by section 3(a) 
of the Scientific and Advanced-Technology Act of 1992 
(Public Law 102–476); 
(v) $27,100,000 shall be made available for the 
Integrative 
Graduate 
Education 
and 
Research 
Traineeship program; and 
(vi) $96,600,000 shall be made available for the 
Graduate Research Fellowship program; 
(C) $245,000,000 shall be made available for major 
research equipment and facilities construction; 
(D) $285,600,000 shall be made available for agency 
operations and award management; 
(E) $4,050,000 shall be made available for the Office 
of the National Science Board; and 
(F) $12,350,000 shall be made available for the Office 
of Inspector General. 
(b) FISCAL YEAR 2009.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foundation $7,326,000,000 for fiscal year 2009. 
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121 STAT. 677 
PUBLIC LAW 110–69—AUG. 9, 2007 
(2) SPECIFIC
ALLOCATIONS.—Of the amount authorized 
under paragraph (1)— 
(A) $5,742,300,000 shall be made available for research 
and related activities, of which— 
(i) $123,100,000 shall be made available for the 
Major Research Instrumentation program; 
(ii) $183,600,000 shall be made available for the 
Faculty Early Career Development (CAREER) Pro-
gram; 
(iii) $68,400,000 shall be made available for the 
Research Experiences for Undergraduates program; 
(iv) $133,200,000 shall be made available for the 
Experimental Program to Stimulate Competitive 
Research; 
(v) $52,500,000 shall be made available for the 
Integrative 
Graduate 
Education 
and 
Research 
Traineeship program; 
(vi) $10,000,000 shall be made available for the 
Graduate Research Fellowship program; and 
(vii) $12,000,000 shall be made available for the 
professional science master’s degree program under 
section 7034; 
(B) $995,000,000 shall be made available for education 
and human resources, of which— 
(i) $111,000,000 shall be for Mathematics and 
Science Education Partnerships established under sec-
tion 9 of the National Science Foundation Authoriza-
tion Act of 2002 (42 U.S.C. 1862n); 
(ii) $115,000,000 shall be for the Robert Noyce 
Scholarship Program established under section 10 of 
the National Science Foundation Authorization Act of 
2002 (42 U.S.C. 1862n–1); 
(iii) $50,000,000 shall be for the Science, Mathe-
matics, Engineering, and Technology Talent Expansion 
Program established under section 8(7) of the National 
Science Foundation Authorization Act of 2002 (Public 
Law 107–368); 
(iv) $57,700,000 shall be for the Advanced Techno-
logical Education program as established by section 
3(a) of the Scientific and Advanced-Technology Act of 
1992 (Public Law 102–476); 
(v) $30,100,000 shall be made available for the 
Integrative 
Graduate 
Education 
and 
Research 
Traineeship program; and 
(vi) $107,200,000 shall be made available for the 
Graduate Research Fellowship program; 
(C) $262,000,000 shall be made available for major 
research equipment and facilities construction; 
(D) $309,760,000 shall be made available for agency 
operations and award management; 
(E) $4,190,000 shall be made available for the Office 
of the National Science Board; and 
(F) $12,750,000 shall be made available for the Office 
of Inspector General. 
(c) FISCAL YEAR 2010.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foundation $8,132,000,000 for fiscal year 2010. 
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121 STAT. 678 
PUBLIC LAW 110–69—AUG. 9, 2007 
(2) SPECIFIC
ALLOCATIONS.—Of the amount authorized 
under paragraph (1)— 
(A) $6,401,000,000 shall be made available for research 
and related activities, of which— 
(i) $131,700,000 shall be made available for the 
Major Research Instrumentation program; 
(ii) $203,800,000 shall be made available for the 
Faculty Early Career Development (CAREER) Pro-
gram; 
(iii) $75,900,000 shall be made available for the 
Research Experiences for Undergraduates program; 
(iv) $147,800,000 shall be made available for the 
Experimental Program to Stimulate Competitive 
Research; 
(v) $58,300,000 shall be made available for the 
Integrative 
Graduate 
Education 
and 
Research 
Traineeship program; 
(vi) $11,100,000 shall be made available for the 
Graduate Research Fellowship program; and 
(vii) $15,000,000 shall be made available for the 
professional science master’s degree program under 
section 7034; 
(B) $1,104,000,000 shall be made available for edu-
cation and human resources, of which— 
(i) $123,200,000 shall be for Mathematics and 
Science Education Partnerships established under sec-
tion 9 of the National Science Foundation Authoriza-
tion Act of 2002 (42 U.S.C. 1862n); 
(ii) $140,500,000 shall be for the Robert Noyce 
Scholarship Program established under section 10 of 
the National Science Foundation Authorization Act of 
2002 (42 U.S.C. 1862n–1); 
(iii) $55,000,000 shall be for the Science, Mathe-
matics, Engineering, and Technology Talent Expansion 
Program established under section 8(7) of the National 
Science Foundation Authorization Act of 2002 (Public 
Law 107–368); 
(iv) $64,000,000 shall be for the Advanced Techno-
logical Education program as established by section 
3(a) of the Scientific and Advanced-Technology Act of 
1992 (Public Law 102–476); 
(v) $33,400,000 shall be made available for the 
Integrative 
Graduate 
Education 
and 
Research 
Traineeship program; and 
(vi) $119,000,000 shall be made available for the 
Graduate Research Fellowship program; 
(C) $280,000,000 shall be made available for major 
research equipment and facilities construction; 
(D) $329,450,000 shall be made available for agency 
operations and award management; 
(E) $4,340,000 shall be made available for the Office 
of the National Science Board; and 
(F) $13,210,000 shall be made available for the Office 
of Inspector General. 
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121 STAT. 679 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 7003. REAFFIRMATION OF THE MERIT-REVIEW PROCESS OF THE 
NATIONAL SCIENCE FOUNDATION. 
Nothing in this title or title I, or the amendments made by 
this title or title I, shall be interpreted to require or recommend 
that the Foundation— 
(1) alter or modify its merit-review system or peer-review 
process; or 
(2) exclude the awarding of any proposal by means of 
the merit-review or peer-review process. 
SEC. 7004. SENSE OF THE CONGRESS REGARDING THE MATHEMATICS 
AND 
SCIENCE 
PARTNERSHIP 
PROGRAMS 
OF 
THE 
DEPARTMENT OF EDUCATION AND THE NATIONAL 
SCIENCE FOUNDATION. 
It is the sense of the Congress that— 
(1) although the mathematics and science education part-
nership program at the Foundation and the mathematics and 
science partnership program at the Department of Education 
practically share the same name, the 2 programs are intended 
to be complementary, not duplicative; 
(2) the Foundation partnership programs are innovative, 
model reform initiatives that move promising ideas in education 
from research into practice to improve teacher quality, develop 
challenging curricula, and increase student achievement in 
mathematics and science, and Congress intends that the 
Foundation peer-reviewed partnership programs found to be 
effective should be put into wider practice by dissemination 
through the Department of Education partnership programs; 
and 
(3) the Director and the Secretary of Education should 
have ongoing collaboration to ensure that the 2 components 
of this priority effort for mathematics and science education 
continue to work in concert for the benefit of States and local 
practitioners nationwide. 
SEC. 7005. CURRICULA. 
Nothing in this title, or the amendments made by this title, 
shall be construed to limit the authority of State governments 
or local school boards to determine the curricula of their students. 
SEC. 7006. CENTERS FOR RESEARCH ON LEARNING AND EDUCATION 
IMPROVEMENT. 
(a) FUNDING
FOR CENTERS.—The Director shall continue to 
carry out the program of Centers for Research on Learning and 
Education Improvement as established in section 11 of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n– 
2). 
(b) ELIGIBILITY
FOR CENTERS.—Section 11 of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n– 
2) is amended— 
(1) in subsection (a)(1), by inserting ‘‘or eligible nonprofit 
organizations’’ after ‘‘institutions of higher education’’; 
(2) in subsection (b)(1), by inserting ‘‘or an eligible nonprofit 
organization’’ after ‘‘institution of higher education’’; and 
(3) in subsection (b)(1), by striking ‘‘of such institutions’’ 
and inserting ‘‘thereof’’. 
42 USC 1862n–2 
note. 
42 USC 1862o 
note. 
42 USC 1862o 
note. 
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121 STAT. 680 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 7007. INTERDISCIPLINARY RESEARCH. 
(a) IN GENERAL.—The Board shall evaluate the role of the 
Foundation in supporting interdisciplinary research, including 
through the Major Research Instrumentation program, the effective-
ness of the Foundation’s efforts in providing information to the 
scientific community about opportunities for funding of interdiscipli-
nary research proposals, and the process through which inter-
disciplinary proposals are selected for support. The Board shall 
also evaluate the effectiveness of the Foundation’s efforts to engage 
undergraduate students in research experiences in interdisciplinary 
settings, including through the Research in Undergraduate Institu-
tions program and the Research Experiences for Undergraduates 
program. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Board shall provide the results of its evaluation 
under subsection (a), including a recommendation for the proportion 
of the Foundation’s research and related activities funding that 
should be allocated for interdisciplinary research, to the Committee 
on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation and the 
Committee on Health, Education, Labor, and Pensions of the 
Senate. 
SEC. 7008. POSTDOCTORAL RESEARCH FELLOWS. 
(a) MENTORING.—The Director shall require that all grant 
applications 
that 
include 
funding 
to 
support 
postdoctoral 
researchers include a description of the mentoring activities that 
will be provided for such individuals, and shall ensure that this 
part of the application is evaluated under the Foundation’s broader 
impacts merit review criterion. Mentoring activities may include 
career counseling, training in preparing grant applications, guid-
ance on ways to improve teaching skills, and training in research 
ethics. 
(b) REPORTS.—The Director shall require that annual reports 
and the final report for research grants that include funding to 
support postdoctoral researchers include a description of the men-
toring activities provided to such researchers. 
SEC. 7009. RESPONSIBLE CONDUCT OF RESEARCH. 
The Director shall require that each institution that applies 
for financial assistance from the Foundation for science and 
engineering research or education describe in its grant proposal 
a plan to provide appropriate training and oversight in the respon-
sible and ethical conduct of research to undergraduate students, 
graduate students, and postdoctoral researchers participating in 
the proposed research project. 
SEC. 7010. REPORTING OF RESEARCH RESULTS. 
The Director shall ensure that all final project reports and 
citations of published research documents resulting from research 
funded, in whole or in part, by the Foundation, are made available 
to the public in a timely manner and in electronic form through 
the Foundation’s Web site. 
SEC. 7011. SHARING RESEARCH RESULTS. 
An investigator supported under a Foundation award, whom 
the Director determines has failed to comply with the provisions 
of section 734 of the Foundation Grant Policy Manual, shall be 
42 USC 1862o–3. 
42 USC 1862o–2. 
42 USC 1862o–1. 
42 USC 1862o. 
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121 STAT. 681 
PUBLIC LAW 110–69—AUG. 9, 2007 
ineligible for a future award under any Foundation supported pro-
gram or activity. The Director may restore the eligibility of such 
an investigator on the basis of the investigator’s subsequent compli-
ance with the provisions of section 734 of the Foundation Grant 
Policy Manual and with such other terms and conditions as the 
Director may impose. 
SEC. 7012. FUNDING FOR SUCCESSFUL SCIENCE, TECHNOLOGY, 
ENGINEERING, AND MATHEMATICS EDUCATION PRO-
GRAMS. 
(a) EVALUATION
OF PROGRAMS.—The Director shall, on an 
annual basis, evaluate all of the Foundation’s grants that are sched-
uled to expire within 1 year and— 
(1) that have the primary purpose of meeting the objectives 
of the Science and Engineering Equal Opportunity Act (42 
U.S.C. 1885 et seq.); or 
(2) that have the primary purpose of providing teacher 
professional development. 
(b) CONTINUATION OF FUNDING.—For grants that are identified 
under subsection (a) and that are determined by the Director to 
be successful in meeting the objectives of the initial grant solicita-
tion, the Director may extend the duration of those grants for 
not more than 3 additional years beyond their scheduled expiration 
without the requirement for a recompetition. 
(c) REPORT TO CONGRESS.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the Director 
shall submit a report to the Committee on Science and Technology 
of the House of Representatives and to the Committee on Commerce, 
Science, and Transportation and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate that— 
(1) lists the grants that have been extended in duration 
by the authority provided under this section; and 
(2) provides any recommendations the Director may have 
regarding the extension of the authority provided under this 
section to programs other than those specified in subsection 
(a). 
SEC. 7013. COST SHARING. 
(a) IN GENERAL.—The Board shall evaluate the impact of its 
policy to eliminate cost sharing for research grants and cooperative 
agreements for existing programs that were developed around 
industry partnerships and historically required industry cost 
sharing, such as the Engineering Research Centers and Industry/ 
University Cooperative Research Centers. The Board shall also 
consider the impact that the cost sharing policy has on initiating 
new programs for which industry interest and participation are 
sought. 
(b) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Board shall report to the Committee on 
Science and Technology and the Committee on Appropriations of 
the House of Representatives, and the Committee on Commerce, 
Science, and Transportation, the Committee on Health, Education, 
Labor, and Pensions, and the Committee on Appropriations of the 
Senate, on the results of the evaluation under subsection (a). 
SEC. 7014. ADDITIONAL REPORTS. 
(a) REPORT ON FUNDING FOR MAJOR FACILITIES.— 
42 USC 1862o–4. 
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121 STAT. 682 
PUBLIC LAW 110–69—AUG. 9, 2007 
(1) PRECONSTRUCTION FUNDING.—The Board shall evaluate 
the appropriateness of the requirement that funding for detailed 
design work and other preconstruction activities for major 
research equipment and facilities come exclusively from the 
sponsoring research division rather than being available, at 
least in part, from the Major Research Equipment and Facilities 
Construction account. 
(2) MAINTENANCE AND OPERATION COSTS.—The Board shall 
evaluate the appropriateness of the Foundation’s policies for 
allocation of costs for, and oversight of, maintenance and oper-
ation of major research equipment and facilities. 
(3) REPORT.—Not later than 6 months after the date of 
enactment of this Act, the Board shall report on the results 
of the evaluations under paragraphs (1) and (2) and on any 
recommendations for modifying the current policies related to 
allocation of funding for major research equipment and facilities 
to the Committee on Science and Technology and the Committee 
on Appropriations of the House of Representatives, and to 
the Committee on Commerce, Science, and Transportation, the 
Committee on Health, Education, Labor, and Pensions, and 
the Committee on Appropriations of the Senate. 
(b) INCLUSION
OF POLAR FACILITIES UPGRADES
IN MAJOR 
RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PLAN.—Sec-
tion 201(a)(2)(D) of the National Science Foundation Authorization 
Act of 1998 (42 U.S.C. 1862l(a)(2)(D)) is amended by inserting 
‘‘and for major upgrades of facilities in support of Antarctic research 
programs’’ after ‘‘facilities construction account’’. 
(c) REPORT ON EDUCATION PROGRAMS WITHIN THE RESEARCH 
DIRECTORATES.—Not later than 6 months after the date of enact-
ment of this Act, the Director shall transmit to the Committee 
on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation and the 
Committee on Health, Education, Labor, and Pensions of the Senate 
a report cataloging all elementary school and secondary school, 
informal, and undergraduate educational programs and activities 
supported through appropriations for Research and Related Activi-
ties. The report shall display the programs and activities by direc-
torate, along with estimated funding levels for the fiscal years 
2006, 2007, and 2008, and shall provide a description of the goals 
of each program and activity. The report shall also describe how 
the programs and activities relate to or are coordinated with the 
programs supported by the Education and Human Resources Direc-
torate. 
(d) REPORT ON RESEARCH IN UNDERGRADUATE INSTITUTIONS 
PROGRAM.—The Director shall transmit to Congress, as part of 
the President’s fiscal year 2011 budget submission under section 
1105 of title 31, United States Code, a report listing the funding 
success rates and distribution of awards for the Research in Under-
graduate Institutions program, by type of institution based on the 
highest academic degree conferred by the institution, for fiscal 
years 2008, 2009, and 2010. 
(e) ANNUAL PLAN FOR ALLOCATION OF EDUCATION AND HUMAN 
RESOURCES FUNDING.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of enactment of legislation providing for the annual appropria-
tion of funds for the Foundation, the Director shall submit 
to the Committee on Science and Technology and the Committee 
Deadline. 
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121 STAT. 683 
PUBLIC LAW 110–69—AUG. 9, 2007 
on Appropriations of the House of Representatives, and to 
the Committee on Commerce, Science, and Transportation, the 
Committee on Health, Education, Labor, and Pensions, and 
the Committee on Appropriations of the Senate, a plan for 
the allocation of education and human resources funds author-
ized by this title for the corresponding fiscal year, including 
any funds from within the research and related activities 
account used to support activities that have the primary pur-
pose of improving education or broadening participation. 
(2) SPECIFIC
REQUIREMENTS.—The plan shall include a 
description of how the allocation of funding— 
(A) will affect the average size and duration of edu-
cation and human resources grants supported by the 
Foundation; 
(B) will affect trends in research support for the effec-
tive instruction of science, technology, engineering, and 
mathematics; 
(C) will affect the kindergarten through grade 20 pipe-
line for the study of science, technology, engineering, and 
mathematics; and 
(D) will encourage the interest of individuals identified 
in section 33 or 34 of the Science and Engineering Equal 
Opportunities Act (42 U.S.C. 1885a or 1885b) in science, 
technology, engineering, and mathematics, and help pre-
pare such individuals to pursue postsecondary studies in 
these fields. 
SEC. 7015. ADMINISTRATIVE AMENDMENTS. 
(a) TRIANNUAL AUDIT OF THE OFFICE OF THE NATIONAL SCIENCE 
BOARD.—Section 
15(a) 
of 
the 
National 
Science 
Foundation 
Authorization Act of 2002 (42 U.S.C. 1862n–5) is amended— 
(1) in paragraph (3), by striking ‘‘an annual audit’’ and 
inserting ‘‘an audit every three years’’; 
(2) in paragraph (4), by striking ‘‘each year’’ and inserting 
‘‘every third year’’; and 
(3) by inserting after paragraph (4) the following: 
‘‘(5) 
MATERIALS
RELATING
TO
CLOSED
PORTIONS
OF 
MEETINGS.—To facilitate the audit required under paragraph 
(3) of this subsection, the Office of the National Science Board 
shall maintain the General Counsel’s certificate, the presiding 
officer’s statement, and a transcript or recording of any closed 
meeting, for at least 3 years after such meeting.’’. 
(b) LIMITED TERM PERSONNEL
FOR
THE NATIONAL SCIENCE 
BOARD.—Subsection (g) of section 4 of the National Science Founda-
tion Act of 1950 (42 U.S.C. 1863(g)) is amended to read as follows: 
‘‘(g) The Board may, with the concurrence of a majority of 
its members, permit the appointment of a staff consisting of not 
more than 5 professional staff members, technical and professional 
personnel on leave of absence from academic, industrial, or research 
institutions for a limited term, and such operations and support 
staff members as may be necessary. Such staff shall be appointed 
by the Chairman and assigned at the direction of the Board. The 
professional members and limited term technical and professional 
personnel of such staff may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments 
in the competitive service, and the provisions of chapter 51 of 
such title relating to classification, and shall be compensated at 
Records. 
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121 STAT. 684 
PUBLIC LAW 110–69—AUG. 9, 2007 
a rate not exceeding the maximum rate payable under section 
5376 of such title, as may be necessary to provide for the perform-
ance of such duties as may be prescribed by the Board in connection 
with the exercise of its powers and functions under this Act. Section 
14(a)(3) shall apply to each limited term appointment of technical 
and professional personnel under this subsection. Each appointment 
under this subsection shall be subject to the same security require-
ments as those required for personnel of the Foundation appointed 
under section 14(a).’’. 
(c) INCREASE IN NUMBER OF WATERMAN AWARDS TO THREE.— 
Section 6(c) of the National Science Foundation Authorization Act, 
1976 (42 U.S.C. 1881a) is amended to read as follows: 
‘‘(c) Not more than three awards may be made under this 
section in any one fiscal year.’’. 
SEC. 7016. NATIONAL SCIENCE BOARD REPORTS. 
Paragraphs (1) and (2) of section 4(j) of the National Science 
Foundation Act of 1950 (42 U.S.C. 1863(j)(1) and (2)) are amended 
by striking ‘‘, for submission to’’ and ‘‘for submission to’’, respec-
tively, and inserting ‘‘and’’. 
SEC. 7017. PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 AMEND-
MENT. 
Section 3801(a)(1) of title 31, United States Code (commonly 
known as the ‘‘Program Fraud Civil Remedies Act of 1986’’) is 
amended— 
(1) in subparagraph (C), by striking ‘‘and’’ after the semi-
colon; 
(2) in subparagraph (D), by inserting ‘‘and’’ after the semi-
colon; and 
(3) by adding at the end the following: 
‘‘(E) the National Science Foundation.’’. 
SEC. 7018. MEETING CRITICAL NATIONAL SCIENCE NEEDS. 
(a) IN GENERAL.—In addition to any other criteria, the Director 
shall include consideration of the degree to which awards and 
research activities that otherwise qualify for support by the Founda-
tion may assist in meeting critical national needs in innovation, 
competitiveness, safety and security, the physical and natural 
sciences, technology, engineering, social sciences, and mathematics. 
(b) PRIORITY TREATMENT.—The Director shall give priority in 
the selection of awards and the allocation of Foundation resources 
to proposed research activities, and grants funded under the 
Foundation’s Research and Related Activities Account, that can 
be expected to make contributions in physical or natural science, 
technology, engineering, social sciences, or mathematics, or that 
enhance competitiveness, innovation, or safety and security in the 
United States. 
(c) LIMITATION.—Nothing in this section shall be construed 
to restrict or bias the grant selection process against funding other 
areas of research deemed by the Foundation to be consistent with 
its mandate nor to change the core mission of the Foundation. 
SEC. 7019. RESEARCH ON INNOVATION AND INVENTIVENESS. 
In carrying out its research programs on science policy and 
on the science of learning, the Foundation may support research 
on the process of innovation and the teaching of inventiveness. 
42 USC 1862o–6. 
42 USC 1862o–5. 
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121 STAT. 685 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 7020. CYBERINFRASTRUCTURE. 
In order to continue and expand efforts to ensure that research 
institutions throughout the Nation can fully participate in research 
programs of the Foundation and collaborate with colleagues 
throughout the Nation, the Director, not later than 180 days after 
the date of enactment of this Act, shall develop and publish a 
plan that— 
(1) describes the current status of broadband access for 
scientific research purposes at institutions in EPSCoR-eligible 
States, at institutions in rural areas, and at minority serving 
institutions; and 
(2) outlines actions that can be taken to ensure that such 
connections are available to enable participation in those 
Foundation programs that rely heavily on high-speed net-
working and collaborations across institutions and regions. 
SEC. 7021. PILOT PROGRAM OF GRANTS FOR NEW INVESTIGATORS. 
(a) IN GENERAL.—The Director shall carry out a pilot program 
to award 1-year grants to individuals to assist them in improving 
research proposals that were previously submitted to the Founda-
tion but not selected for funding. 
(b) ELIGIBILITY.—To be eligible to receive a grant under this 
section, an individual— 
(1) may not have previously received funding as the prin-
cipal investigator of a research grant from the Foundation; 
and 
(2) shall have submitted a proposal to the Foundation, 
which may include a proposal submitted to the Research in 
Undergraduate Institutions program, that was rated excellent 
under the Foundation’s competitive merit review process. 
(c) SELECTION PROCESS.—The Director shall make awards 
under this section based on the advice of the program officers 
of the Foundation. 
(d) USE OF FUNDS.—Grants awarded under this section shall 
be used to enable an individual to resubmit an updated research 
proposal for review by the Foundation through the agency’s competi-
tive merit review process. Uses of funds made available under 
this section may include the generation of new data and the 
performance of additional analysis. 
(e) PROGRAM ADMINISTRATION.—The Director shall carry out 
this section through the Small Grants for Exploratory Research 
program. 
(f) NATIONAL SCIENCE BOARD REVIEW.—The Board shall con-
duct a review and assessment of the pilot program under this 
section, including the number of new investigators funded, the 
distribution of awards by type of institution of higher education, 
and the success rate upon resubmittal of proposals by new investiga-
tors funded through such pilot program. Not later than 3 years 
after the date of enactment of this Act, the Board shall summarize 
its findings and any recommendations regarding changes to, the 
termination of, or the continuation of the pilot program in a report 
to the Committee on Science and Technology of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Health, Education, Labor, 
and Pensions of the Senate. 
Deadline. 
Reports. 
42 USC 1862o–8. 
Deadline. 
Publication. 
Plan. 
42 USC 1862o–7. 
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121 STAT. 686 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 7022. BROADER IMPACTS MERIT REVIEW CRITERION. 
(a) IN GENERAL.—Among the types of activities that the 
Foundation shall consider as appropriate for meeting the require-
ments of its broader impacts criterion for the evaluation of research 
proposals are partnerships between academic researchers and 
industrial scientists and engineers that address research areas 
identified as having high importance for future national economic 
competitiveness, such as nanotechnology. 
(b) REPORT ON BROADER IMPACTS CRITERION.—Not later than 
1 year after the date of enactment of this Act, the Director shall 
transmit to Congress a report on the impact of the broader impacts 
grant criterion used by the Foundation. The report shall— 
(1) identify the criteria that each division and directorate 
of the Foundation uses to evaluate the broader impacts aspects 
of research proposals; 
(2) provide a breakdown of the types of activities by division 
that awardees have proposed to carry out to meet the broader 
impacts criterion; 
(3) provide any evaluations performed by the Foundation 
to assess the degree to which the broader impacts aspects 
of research proposals were carried out and how effective they 
have been at meeting the goals described in the research pro-
posals; 
(4) describe what national goals, such as improving under-
graduate science, technology, engineering, and mathematics 
education, improving kindergarten through grade 12 science 
and mathematics education, promoting university-industry 
collaboration, and broadening participation of underrepresented 
groups, the broader impacts criterion is best suited to promote; 
and 
(5) describe what steps the Foundation is taking and should 
take to use the broader impacts criterion to improve under-
graduate science, technology, engineering, and mathematics 
education. 
SEC. 7023. DONATIONS. 
Section 11(f) of the National Science Foundation Act of 1950 
(42 U.S.C. 1870(f)) is amended by inserting before the semicolon 
‘‘, except that funds may be donated for specific prize competitions 
for ‘basic research’ as defined in the Office of Management and 
Budget Circular No. A–11’’. 
SEC. 7024. HIGH-PERFORMANCE COMPUTING AND NETWORKING. 
(a) HIGH-PERFORMANCE COMPUTING ACT OF 1991.— 
(1) AMENDMENTS.—Title I of the High-Performance Com-
puting Act of 1991 (15 U.S.C. 5511 et seq.) is amended— 
(A) in the title heading, by striking ‘‘AND THE 
NATIONAL RESEARCH AND EDUCATION NET-
WORK’’ and inserting ‘‘RESEARCH AND DEVELOP-
MENT’’; 
(B) in section 101(a) (15 U.S.C. 5511(a))— 
(i) by striking subparagraphs (A) and (B) of para-
graph (1) and inserting the following: 
‘‘(A) provide for long-term basic and applied research on 
high-performance computing, including networking; 
42 USC 1862o–9. 
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121 STAT. 687 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(B) provide for research and development on, and dem-
onstration of, technologies to advance the capacity and capabili-
ties of high-performance computing and networking systems, 
and related software; 
‘‘(C) provide for sustained access by the research community 
throughout the United States to high-performance computing 
and networking systems that are among the most advanced 
in the world in terms of performance in solving scientific and 
engineering problems, including provision for technical support 
for users of such systems; 
‘‘(D) provide for widely dispersed efforts to increase soft-
ware availability, productivity, capability, security, portability, 
and reliability; 
‘‘(E) provide for high-performance networks, including 
experimental testbed networks, to enable research and develop-
ment on, and demonstration of, advanced applications enabled 
by such networks; 
‘‘(F) provide for computational science and engineering 
research on mathematical modeling and algorithms for applica-
tions in all fields of science and engineering; 
‘‘(G) provide for the technical support of, and research 
and development on, high-performance computing systems and 
software required to address Grand Challenges; 
‘‘(H) provide for educating and training additional under-
graduate and graduate students in software engineering, com-
puter science, computer and network security, applied mathe-
matics, library and information science, and computational 
science; and 
‘‘(I) provide for improving the security of computing and 
networking systems, including Federal systems, including pro-
viding for research required to establish security standards 
and practices for these systems.’’; 
(ii) by striking paragraph (2) and redesignating 
paragraphs (3) and (4) as paragraphs (2) and (3), 
respectively; 
(iii) in paragraph (2), as redesignated by clause 
(ii)— 
(I) by striking subparagraph (B); 
(II) by redesignating subparagraphs (A) and 
(C) as subparagraphs (D) and (F), respectively; 
(III) by inserting before subparagraph (D), as 
redesignated by subclause (II), the following: 
‘‘(A) establish the goals and priorities for Federal high- 
performance computing research, development, networking, and 
other activities; 
‘‘(B) establish Program Component Areas that implement 
the goals established under subparagraph (A), and identify 
the Grand Challenges that the Program should address; 
‘‘(C) provide for interagency coordination of Federal high- 
performance computing research, development, networking, and 
other activities undertaken pursuant to the Program;’’; and 
(IV) by inserting after subparagraph (D), as 
redesignated by subclause (II) of this clause, the 
following: 
‘‘(E) develop and maintain a research, development, and 
deployment roadmap covering all States and regions for the 
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121 STAT. 688 
PUBLIC LAW 110–69—AUG. 9, 2007 
provision of high-performance computing and networking sys-
tems under paragraph (1)(C); and’’; and 
(iv) in paragraph (3), as so redesignated by clause 
(ii) of this subparagraph— 
(I) by striking ‘‘paragraph (3)(A)’’ and inserting 
‘‘paragraph (2)(D)’’; 
(II) by amending subparagraph (A) to read 
as follows: 
‘‘(A) provide a detailed description of the Program Compo-
nent Areas, including a description of any changes in the defini-
tion of or activities under the Program Component Areas from 
the preceding report, and the reasons for such changes, and 
a description of Grand Challenges addressed under the Pro-
gram;’’; 
(III) in subparagraph (C), by striking ‘‘specific 
activities’’ and all that follows through ‘‘the Net-
work’’ and inserting ‘‘each Program Component 
Area’’; 
(IV) in subparagraph (D), by inserting ‘‘, and 
for each Program Component Area,’’ after ‘‘partici-
pating in the Program’’; 
(V) in subparagraph (D), by striking ‘‘applies;’’ 
and inserting ‘‘applies; and’’; 
(VI) by striking subparagraph (E) and redesig-
nating subparagraph (F) as subparagraph (E); and 
(VII) in subparagraph (E), as redesignated by 
subclause (VI), by inserting ‘‘and the extent to 
which the Program incorporates the recommenda-
tions of the advisory committee established under 
subsection (b)’’ after ‘‘for the Program’’; 
(C) by striking subsection (b) of section 101 (15 U.S.C. 
5511) and inserting the following: 
‘‘(b) ADVISORY COMMITTEE.—(1) The President shall establish 
an advisory committee on high-performance computing, consisting 
of geographically dispersed non-Federal members, including rep-
resentatives of the research, education, and library communities, 
network and related software providers, and industry representa-
tives in the Program Component Areas, who are specially qualified 
to provide the Director with advice and information on high- 
performance computing. The recommendations of the advisory com-
mittee shall be considered in reviewing and revising the Program. 
The advisory committee shall provide the Director with an inde-
pendent assessment of— 
‘‘(A) progress made in implementing the Program; 
‘‘(B) the need to revise the Program; 
‘‘(C) the balance between the components of the Program, 
including funding levels for the Program Component Areas; 
‘‘(D) whether the research and development undertaken 
pursuant to the Program is helping to maintain United States 
leadership in high-performance computing, networking tech-
nology, and related software; and 
‘‘(E) other issues identified by the Director. 
‘‘(2) In addition to the duties outlined in paragraph (1), the 
advisory committee shall conduct periodic evaluations of the 
funding, management, coordination, implementation, and activities 
of the Program. The advisory committee shall report not less fre-
quently than once every 2 fiscal years to the Committee on Science 
Reports. 
Deadline. 
Evaluations. 
President. 
Establishment. 
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121 STAT. 689 
PUBLIC LAW 110–69—AUG. 9, 2007 
and Technology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate on its 
findings and recommendations. The first report shall be due within 
1 year after the date of enactment of the America COMPETES 
Act. 
‘‘(3) Section 14 of the Federal Advisory Committee Act shall 
not apply to the advisory committee established under this sub-
section.’’; and 
(D) in section 101(c) (15 U.S.C. 5511(c))— 
(i) in paragraph (1)(A), by striking ‘‘Program or’’ 
and inserting ‘‘Program Component Areas or’’; and 
(ii) in paragraph (2), by striking ‘‘subsection 
(a)(3)(A)’’ and inserting ‘‘subsection (a)(2)(D)’’. 
(2) DEFINITIONS.—Section 4 of the High-Performance Com-
puting Act of 1991 (15 U.S.C. 5503) is amended— 
(A) in paragraph (2), by inserting ‘‘and multidisci-
plinary teams of researchers’’ after ‘‘high-performance com-
puting resources’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘scientific workstations,’’; 
(ii) by striking ‘‘(including vector supercomputers 
and large scale parallel systems)’’; 
(iii) by striking ‘‘and applications’’ and inserting 
‘‘applications’’; and 
(iv) by inserting ‘‘, and the management of large 
data sets’’ after ‘‘systems software’’; 
(C) in paragraph (4), by striking ‘‘packet switched’’; 
(D) by striking ‘‘and’’ at the end of paragraph (5); 
(E) by striking the period at the end of paragraph 
(6) and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(7) ‘Program Component Areas’ means the major subject 
areas under which related individual projects and activities 
carried out under the Program are grouped.’’. 
(3) CONFORMING
AMENDMENT.—Section 1(26) of the Act 
entitled ‘‘An Act to prevent the elimination of certain reports’’, 
approved November 28, 2001 (31 U.S.C. 3113 note) is 
amended— 
(A) by striking ‘‘101(a)(3)’’ and inserting ‘‘101(a)(2)’’; 
and 
(B) by striking ‘‘(15 U.S.C. 5511(a)(3))’’ and inserting 
‘‘(15 U.S.C. 5511(a)(2))’’. 
(b) ADVANCED
INFORMATION
AND
COMMUNICATIONS
TECH-
NOLOGY RESEARCH.— 
(1) IN GENERAL.—As part of the Program described in title 
I of the High-Performance Computing Act of 1991 (15 U.S.C. 
5511 et seq.), the Foundation shall support basic research 
related to advanced information and communications tech-
nologies that will contribute to enhancing or facilitating the 
availability and affordability of advanced communications serv-
ices for all people of the United States. Areas of research 
to be supported may include research on— 
(A) affordable broadband access, including wireless 
technologies; 
(B) network security and reliability; 
(C) communications interoperability; 
42 USC 
1862o–10. 
31 USC 1113 
note. 
Deadline. 
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121 STAT. 690 
PUBLIC LAW 110–69—AUG. 9, 2007 
(D) networking protocols and architectures, including 
resilience to outages or attacks; 
(E) trusted software; 
(F) privacy; 
(G) nanoelectronics for communications applications; 
(H) low-power communications electronics; 
(I) implementation of equitable access to national 
advanced fiber optic research and educational networks 
in noncontiguous States; and 
(J) such other related areas as the Director finds appro-
priate. 
(2) CENTERS.—The Director shall award multiyear grants, 
subject to the availability of appropriations and on a merit- 
reviewed competitive basis, to institutions of higher education, 
nonprofit research institutions affiliated with institutions of 
higher education, or consortia of either type of institution to 
establish 
multidisciplinary 
Centers 
for 
Communications 
Research. The purpose of the Centers shall be to generate 
innovative approaches to problems in information and commu-
nications technology research, including the research areas 
described in paragraph (1). Institutions of higher education, 
nonprofit research institutions affiliated with institutions of 
higher education, or consortia receiving such grants may 
partner with 1 or more government laboratories, for-profit enti-
ties, or other institutions of higher education or nonprofit 
research institutions. 
(3) FUNDING
ALLOCATION.—The Director shall increase 
funding for the basic research activities described in paragraph 
(1), which shall include support for the Centers described in 
paragraph (2), in proportion to the increase in the total amount 
appropriated to the Foundation for research and related activi-
ties for the fiscal years 2008 through 2010. 
(4) REPORT TO CONGRESS.—The Director shall transmit to 
Congress, as part of the President’s annual budget submission 
under section 1105 of title 31, United States Code, a report 
on the amounts allocated for support of research under this 
subsection for the fiscal year during which such report is sub-
mitted and the levels proposed for the fiscal year with respect 
to which the budget submission applies. 
SEC. 7025. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
TALENT EXPANSION PROGRAM. 
(a) AMENDMENTS.—Section 8(7) of the National Science Founda-
tion Authorization Act of 2002 is amended— 
(1) in subparagraph (A), by striking ‘‘competitive, merit- 
based’’ and all that follows through ‘‘in recent years.’’ and 
inserting ‘‘competitive, merit-based multiyear grants for eligible 
applicants to improve undergraduate education in science, tech-
nology, engineering, and mathematics through— 
‘‘(i) the creation of programs to increase the number 
of students studying toward and completing associate’s or 
bachelor’s degrees in science, technology, engineering, and 
mathematics, particularly in fields that have faced 
declining enrollment in recent years; and 
‘‘(ii) the creation of not more than 5 centers (in this 
paragraph referred to as ‘Centers’) to increase the number 
of students completing undergraduate courses in science, 
116 Stat. 3040. 
Grants. 
Establishment. 
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121 STAT. 691 
PUBLIC LAW 110–69—AUG. 9, 2007 
technology, engineering, and mathematics, including the 
number of nonmajors, and to improve student academic 
achievement in those courses, by developing— 
‘‘(I) undergraduate educational material, including 
curricula and courses of study; 
‘‘(II) teaching methods for undergraduate courses; 
and 
‘‘(III) methods to improve the professional develop-
ment of professors and teaching assistants who teach 
undergraduate courses. 
Grants made under clause (ii) shall be awarded jointly through 
the Education and Human Resources Directorate and at least 
1 research directorate of the Foundation.’’; 
(2) by amending subparagraph (B) to read as follows: 
‘‘(B) In selecting projects under subparagraph (A)(i), the 
Director shall strive to increase the number of students 
studying toward and completing associate’s or bachelor’s 
degrees, concentrations, or certificates in science, technology, 
engineering, or mathematics by giving priority to programs 
that heavily recruit individuals who are— 
‘‘(i) individuals identified in section 33 or 34 of the 
Science and Engineering Equal Opportunities Act (42 
U.S.C. 1885a or 1885b); or 
‘‘(ii) graduates of a public secondary school that— 
‘‘(I) is among the highest 25 percent of schools 
served by the local educational agency that serves the 
school, in terms of the percentage of students from 
families with incomes below the poverty line, as defined 
in section 673(2) of the Community Services Block 
Grant Act (42 U.S.C. 9902(2)), applicable to a family 
of the size involved; or 
‘‘(II) is designated with a school locale code of 
41, 42, or 43, as determined by the Secretary of Edu-
cation.’’; 
(3) by striking subparagraph (C) and inserting the fol-
lowing: 
‘‘(C)(i) The types of projects the Foundation may support 
under subparagraph (A)(i) include those programs that— 
‘‘(I) promote high quality— 
‘‘(aa) interdisciplinary teaching; 
‘‘(bb) undergraduate-conducted research; 
‘‘(cc) mentor relationships for students, especially 
underrepresented minority and female science, tech-
nology, engineering, and mathematics students; 
‘‘(dd) bridge programs that enable students at 
community colleges to matriculate directly into bacca-
laureate science, technology, engineering, or mathe-
matics programs; 
‘‘(ee) internships carried out in partnership with 
industry; 
‘‘(ff) innovative uses of digital technologies, particu-
larly at institutions of higher education that serve 
high numbers or percentages of economically disadvan-
taged students; and 
‘‘(gg) bridge programs that enable underrep-
resented minority and female secondary school stu-
dents to obtain extra science, technology, engineering, 
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121 STAT. 692 
PUBLIC LAW 110–69—AUG. 9, 2007 
and mathematics instruction prior to entering an 
institution of higher education; 
‘‘(II) finance summer internships for science, tech-
nology, engineering, and mathematics undergraduate stu-
dents; and 
‘‘(III) conduct outreach programs that provide sec-
ondary school students and their science, technology, 
engineering, and mathematics teachers opportunities to 
increase the students’ and teachers’ exposure to engineering 
and technology. 
‘‘(ii) The types of activities the Foundation may support 
under subparagraph (A)(ii) include— 
‘‘(I) creating model curricula and laboratory programs; 
‘‘(II) developing and demonstrating research-based 
instructional methods and technologies; 
‘‘(III) developing methods to train graduate students 
and faculty to be more effective teachers of undergraduates; 
‘‘(IV) conducting programs to disseminate curricula, 
instructional methods, or training methods to faculty at 
the grantee institutions and at other institutions; 
‘‘(V) conducting assessments of the effectiveness of the 
Center at accomplishing the goals described in subpara-
graph (A)(ii); and 
‘‘(VI) conducting any other activities the Director deter-
mines will accomplish the goals described in subparagraph 
(A)(ii).’’; 
(4) in subparagraph (D)(i), by striking ‘‘under this para-
graph’’ and inserting ‘‘under subparagraph (A)(i)’’; 
(5) in subparagraph (D)(ii), by striking ‘‘under this para-
graph’’ and inserting ‘‘under subparagraph (A)(i)’’; 
(6) after subparagraph (D)(iii), by adding at the end the 
following: 
‘‘(iv) A grant under subparagraph (A)(ii) shall be awarded 
for up to 5 years.’’; 
(7) in subparagraph (E), by striking ‘‘under this paragraph’’ 
both places it appears and inserting ‘‘under subparagraph 
(A)(i)’’; 
(8) by redesignating subparagraph (F) as subparagraph 
(J); and 
(9) by inserting after subparagraph (E) the following: 
‘‘(F) Grants awarded under subparagraph (A)(ii) shall be 
carried out by a department or departments of science, tech-
nology, engineering, or mathematics at institutions of higher 
education (or a consortia thereof), which may partner with 
the department, college, or school of education at the institution. 
Applications for awards under subparagraph (A)(ii) shall be 
submitted to the Director at such time, in such manner, and 
containing such information as the Director may require. At 
a minimum, the application shall include— 
‘‘(i) a description of the activities to be carried out 
by the Center; 
‘‘(ii) a plan for disseminating programs related to the 
activities carried out by the Center to faculty at the grantee 
institution and at other institutions; 
‘‘(iii) an estimate of the number of faculty, graduate 
students (if any), and undergraduate students who will 
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121 STAT. 693 
PUBLIC LAW 110–69—AUG. 9, 2007 
be affected by the activities carried out by the Center; 
and 
‘‘(iv) a plan for assessing the effectiveness of the Center 
at accomplishing the goals described in subparagraph 
(A)(ii). 
‘‘(G) In evaluating the applications submitted under 
subparagraph (F), the Director shall consider, at a minimum— 
‘‘(i) the ability of the applicant to effectively carry 
out the proposed activities, including the dissemination 
activities described in subparagraph (C)(ii)(IV); and 
‘‘(ii) the extent to which the faculty, staff, and adminis-
trators of the applicant institution are committed to 
improving undergraduate science, technology, engineering, 
and mathematics education. 
‘‘(H) In awarding grants under subparagraph (A)(ii), the 
Director shall ensure that a wide variety of science, technology, 
engineering, and mathematics fields and types of institutions 
of higher education, including 2-year colleges and minority- 
serving institutions, are covered, and that— 
‘‘(i) at least 1 Center is housed at a Doctoral/Research 
University as defined by the Carnegie Foundation for the 
Advancement of Teaching; and 
‘‘(ii) at least 1 Center is focused on improving under-
graduate education in an interdisciplinary area. 
‘‘(I) The Director shall convene an annual meeting of the 
awardees under this paragraph to foster collaboration and to 
disseminate the results of the Centers and the other activities 
funded under this paragraph.’’. 
(b) REPORT ON DATA COLLECTION.—Not later than 180 days 
after the date of enactment of this Act, the Director shall transmit 
to Congress a report on how the Director is determining whether 
current grant recipients in the Science, Technology, Engineering, 
and Mathematics Talent Expansion Program are making satisfac-
tory progress as required by section 8(7)(D)(ii) of the National 
Science Foundation Authorization Act of 2002 and what funding 
actions have been taken as a result of the Director’s determinations. 
SEC. 7026. LABORATORY SCIENCE PILOT PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) To remain competitive in science and technology in 
the global economy, the United States must increase the 
number of students graduating from high school prepared to 
pursue 
postsecondary 
education 
in 
science, 
technology, 
engineering, and mathematics. 
(2) There is broad agreement in the scientific community 
that learning science requires direct involvement by students 
in scientific inquiry and that laboratory experience is so integral 
to the nature of science that it must be included in every 
science program for every science student. 
(3) In America’s Lab Report, the National Research Council 
concluded that the current quality of laboratory experiences 
is poor for most students and that educators and researchers 
do not agree on how to define high school science laboratories 
or on their purpose, hampering the accumulation of research 
on how to improve laboratories. 
(4) The National Research Council found that schools with 
higher concentrations of non-Asian minorities and schools with 
Meeting. 
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121 STAT. 694 
PUBLIC LAW 110–69—AUG. 9, 2007 
higher concentrations of poor students are less likely to have 
adequate laboratory facilities than other schools. 
(5) The Government Accountability Office reported that 
49.1 percent of schools where the minority student population 
is greater than 50.5 percent reported not meeting functional 
requirements for laboratory science well or at all. 
(6) 40 percent of those college students who left the science 
fields reported some problems related to high school science 
preparation, including lack of laboratory experience and no 
introduction to theoretical or to analytical modes of thought. 
(7) It is in the national interest for the Federal Government 
to invest in research and demonstration projects to improve 
the teaching of laboratory science in the Nation’s high schools. 
(b) GRANT PROGRAM.—Section 8(8) of the National Science 
Foundation Authorization Act of 2002 is amended— 
(1) by redesignating subparagraphs (A) through (F) as 
clauses (i) through (vi), respectively; 
(2) by inserting ‘‘(A)’’ before ‘‘A program of competitive’’; 
and 
(3) by adding at the end the following: 
‘‘(B) In accordance with subparagraph (A)(v), the Director 
shall establish a research pilot program designated as ‘Partner-
ships for Access to Laboratory Science’ to award grants to 
partnerships to improve laboratories and provide instrumenta-
tion as part of a comprehensive program to enhance the quality 
of science, technology, engineering, and mathematics instruc-
tion at the secondary school level. Grants under this subpara-
graph may be used for— 
‘‘(i) professional development and training for teachers 
aligned with activities supported under section 2123 of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6623); 
‘‘(ii) purchase, rental, or leasing of equipment, 
instrumentation, and other scientific educational materials; 
‘‘(iii) development of instructional programs designed 
to integrate the laboratory experience with classroom 
instruction and to be consistent with State mathematics 
and science and, to the extent applicable, technology and 
engineering, academic achievement standards; 
‘‘(iv) training in laboratory safety for school personnel; 
‘‘(v) design and implementation of hands-on laboratory 
experiences to encourage the interest of individuals identi-
fied in section 33 or 34 of the Science and Engineering 
Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in 
science, technology, engineering, and mathematics and help 
prepare such individuals to pursue postsecondary studies 
in these fields; and 
‘‘(vi) assessment of the activities funded under this 
subparagraph. 
‘‘(C) Grants may be made under subparagraph (B) only 
to a partnership— 
‘‘(i) for a project that includes significant teacher 
preparation and professional development components; or 
‘‘(ii) that establishes that appropriate teacher prepara-
tion and professional development is being addressed, or 
has been addressed, through other means. 
116 Stat. 3040. 
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121 STAT. 695 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(D) Grants awarded under subparagraph (B) shall be to 
a partnership that— 
‘‘(i) includes a 2-year or 4-year degree granting institu-
tion of higher education; 
‘‘(ii) includes a high need local educational agency (as 
defined in section 201 of the Higher Education Act of 
1965); 
‘‘(iii) includes a business or eligible nonprofit organiza-
tion; and 
‘‘(iv) may include a State educational agency, other 
public agency, National Laboratory, or community-based 
organization. 
‘‘(E) The Federal share of the cost of activities carried 
out using amounts from a grant under subparagraph (B) shall 
not exceed 40 percent. 
‘‘(F) The Director shall require grant recipients under 
subparagraph (B) to submit a report to the Director on the 
results of the project supported by the grant.’’. 
(c) REPORT.—The Director shall evaluate the effectiveness of 
activities carried out under the research pilot projects funded by 
the grant program established pursuant to the amendment made 
by subsection (b) in improving student achievement in science, 
technology, engineering, and mathematics. A report documenting 
the results of that evaluation shall be submitted to the Committee 
on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation and the 
Committee on Health, Education, Labor, and Pensions of the Senate 
not later than 5 years after the date of enactment of this Act. 
The report shall identify best practices and materials developed 
and demonstrated by grant awardees. 
(d) SUNSET.—The provisions of this section shall cease to have 
force or effect on the last day of fiscal year 2010. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—From the amounts 
authorized under subsections (a)(2)(B), (b)(2)(B), and (c)(2)(B) of 
section 7002, there are authorized to be appropriated to carry 
out this section and the amendments made by this section 
$5,000,000 for fiscal year 2008, and such sums as may be necessary 
for each of the 2 succeeding fiscal years. 
SEC. 7027. STUDY ON LABORATORY EQUIPMENT DONATIONS FOR 
SCHOOLS. 
Not later than 2 years after the date of enactment of this 
Act, the Director shall transmit a report to Congress examining 
the extent to which institutions of higher education and entities 
in the private sector are donating used laboratory equipment to 
elementary schools and secondary schools. The Director, in consulta-
tion with the Secretary of Education, shall survey institutions of 
higher education and entities in the private sector to determine— 
(1) how often, how much, and what type of equipment 
is donated; 
(2) what criteria or guidelines the institutions and entities 
are using to determine what types of equipment can be donated, 
what condition the equipment should be in, and which schools 
receive the equipment; 
(3) whether the institutions and entities provide any sup-
port to, or follow-up with the schools; and 
(4) how appropriate donations can be encouraged. 
Deadline. 
Reports. 
Reports. 
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121 STAT. 696 
PUBLIC LAW 110–69—AUG. 9, 2007 
SEC. 7028. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS 
AMENDMENTS. 
Section 9 of the National Science Foundation Authorization 
Act of 2002 (42 U.S.C. 1862n) is amended— 
(1) in subsection (a)(2)(A), by striking ‘‘a State educational 
agency’’ and inserting ‘‘the department, college, or program 
of education at an institution of higher education, a State 
educational agency,’’; 
(2) by striking subparagraph (B) of subsection (a)(3) and 
inserting the following: 
‘‘(B) offering professional development programs, 
including— 
‘‘(i) teacher institutes for the 21st century, as 
described in paragraph (10); and 
‘‘(ii) academic year institutes or workshops that— 
‘‘(I) are designed to strengthen the capabilities 
of mathematics and science teachers; and 
‘‘(II) may include professional development 
activities to prepare mathematics and science 
teachers 
to 
teach 
challenging 
mathematics, 
science, 
and 
technology 
college-preparatory 
courses;’’; 
(3) in subsection (a)(3)(C)— 
(A) by inserting ‘‘and laboratory experiences’’ after 
‘‘technology’’; and 
(B) by inserting ‘‘and laboratory’’ after ‘‘provide tech-
nical’’; 
(4) in subsection (a)(3)(I), by inserting ‘‘including the use 
of induction programs, as defined in section 6113(h) of the 
America COMPETES Act, for teachers in their first 2 years 
of teaching,’’ after ‘‘and science,’’; 
(5) by striking subparagraph (K) of section (a)(3) and 
inserting the following: 
‘‘(K) developing science, technology, engineering, and 
mathematics educational programs and materials and con-
ducting science, technology, engineering, and mathematics 
enrichment programs for students, including after-school 
programs and summer programs, with an emphasis on 
including and serving students described in subsection 
(b)(2)(G);’’; 
(6) in subsection (a), by adding at the end the following: 
‘‘(8) MENTORS
FOR
TEACHERS
AND
STUDENTS
OF
CHAL-
LENGING COURSES.—Partnerships carrying out activities to pre-
pare mathematics and science teachers to teach challenging 
mathematics, 
science, 
and 
technology 
college-preparatory 
courses in accordance with paragraph (3)(B) shall encourage 
companies employing scientists, technologists, engineers, or 
mathematicians to provide mentors to teachers and students 
and provide for the coordination of such mentoring activities. 
‘‘(9) INNOVATION.—Activities carried out in accordance with 
paragraph (3)(H) may include the development and dissemina-
tion of curriculum tools that will help foster inventiveness 
and innovation.’’; 
(7) in subsection (b)(2)— 
(A) by redesignating subparagraphs (E) and (F) as 
subparagraphs (F) and (G), respectively; and 
(B) by inserting after subparagraph (D) the following: 
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121 STAT. 697 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(E) the extent to which the evaluation described in 
paragraph (1)(E) will be independent and based on objective 
measures;’’; 
(8) by striking paragraph (2) of subsection (c) and inserting 
the following: 
‘‘(2) REPORT ON EVALUATIONS.—Not later than 4 years after 
the date of enactment of the America COMPETES Act, the 
Director shall transmit a report summarizing the evaluations 
required under subsection (b)(1)(E) of grants received under 
this program and describing any changes to the program rec-
ommended as a result of these evaluations to the Committee 
on Science and Technology and the Committee on Education 
and Labor of the House of Representatives and to the Com-
mittee on Commerce, Science, and Transportation and the Com-
mittee on Health, Education, Labor, and Pensions of the Senate. 
Such report shall be made widely available to the public.’’; 
and 
(9) by adding at the end the following: 
‘‘(d) DEFINITIONS.—In this section— 
‘‘(1) the term ‘mathematics and science teacher’ means 
a science, technology, engineering, or mathematics teacher at 
the elementary school or secondary school level; and 
‘‘(2) the term ‘science’, in the context of elementary and 
secondary education, includes technology and pre-engineering.’’. 
SEC. 7029. NATIONAL SCIENCE FOUNDATION TEACHER INSTITUTES 
FOR THE 21ST CENTURY. 
Section 9(a) of the National Science Foundation Authorization 
Act of 2002 (as amended by section 7028) (42 U.S.C. 1862n(a)) 
is further amended by adding at the end the following: 
‘‘(10) TEACHER INSTITUTES FOR THE 21ST CENTURY.— 
‘‘(A) IN GENERAL.—Teacher institutes for the 21st cen-
tury carried out in accordance with paragraph (3)(B) shall— 
‘‘(i) be carried out in conjunction with a school 
served by the local educational agency in the partner-
ship; 
‘‘(ii) be science, technology, engineering, and 
mathematics focused institutes that provide profes-
sional development to elementary school and secondary 
school teachers; 
‘‘(iii) serve teachers who— 
‘‘(I) are considered highly qualified (as defined 
in section 9101 of the Elementary and Secondary 
Education Act of 1965); 
‘‘(II) teach high-need subjects in science, tech-
nology, engineering, or mathematics; and 
‘‘(III) teach in high-need schools (as described 
in section 1114(a)(1) of the Elementary and Sec-
ondary Education Act of 1965); 
‘‘(iv) focus on the priorities developed by the 
Director in consultation with a broad group of relevant 
educational organizations; 
‘‘(v) be content-based and build on school year cur-
ricula that are experiment-oriented, content-based, and 
grounded in current research; 
‘‘(vi) ensure that the pedagogy component is 
designed around specific strategies that are relevant 
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121 STAT. 698 
PUBLIC LAW 110–69—AUG. 9, 2007 
to teaching the subject and content on which teachers 
are being trained, which may include training teachers 
in the essential components of reading instruction for 
adolescents in order to improve student reading skills 
within the subject areas of science, technology, 
engineering, and mathematics; 
‘‘(vii) be a multiyear program that is conducted 
for a period of not less than 2 weeks per year; 
‘‘(viii) provide for direct interaction between 
participants in and faculty of the teacher institute; 
‘‘(ix) have a component that includes the use of 
the Internet; 
‘‘(x) provide for followup training in the classroom 
during the academic year for a period of not less than 
3 days, which may or may not be consecutive, for 
participants in the teacher institute, except that for 
teachers in rural local educational agencies, the 
followup training may be provided through the Inter-
net; 
‘‘(xi) provide teachers participating in the teacher 
institute with travel expense reimbursement and class-
room materials related to the teacher institute, and 
may include providing stipends as necessary; and 
‘‘(xii) establish a mechanism to provide supple-
mental support during the academic year for teacher 
institute participants to apply the knowledge and skills 
gained at the teacher institute. 
‘‘(B) OPTIONAL
MEMBERS
OF
THE
PARTNERSHIP.—In 
addition to the partnership requirement under paragraph 
(2), an institution of higher education or eligible nonprofit 
organization (or consortium) desiring a grant for a teacher 
institute for the 21st century may also partner with a 
teacher organization, museum, or educational partnership 
organization.’’. 
SEC. 7030. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM. 
Section 10 of the National Science Foundation Authorization 
Act of 2002 (42 U.S.C. 1862n–1) is amended to read as follows: 
‘‘SEC. 10. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM. 
‘‘(a) SCHOLARSHIP PROGRAM.— 
‘‘(1) IN GENERAL.—The Director shall carry out a program 
to award grants to eligible entities to recruit and train mathe-
matics and science teachers and to provide scholarships and 
stipends to individuals participating in the program. Such pro-
gram shall be known as the ‘Robert Noyce Teacher Scholarship 
Program’. 
‘‘(2) MERIT REVIEW.—Grants shall be provided under this 
section on a competitive, merit-reviewed basis. 
‘‘(3) USE OF GRANTS.—A grant provided under this section 
shall be used by the eligible entity— 
‘‘(A) to develop and implement a program to recruit 
and prepare undergraduate students majoring in science, 
technology, engineering, and mathematics at the eligible 
entity (and participating institutions of higher education 
of the consortium, if applicable) to become qualified as 
mathematics and science teachers, through— 
Grants. 
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121 STAT. 699 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(i) administering scholarships in accordance with 
subsection (c); 
‘‘(ii) offering academic courses and early clinical 
teaching experiences designed to prepare students 
participating in the program to teach in elementary 
schools and secondary schools, including such prepara-
tion as is necessary to meet requirements for teacher 
certification or licensing; 
‘‘(iii) offering programs to students participating 
in the program, both before and after the students 
receive their baccalaureate degree, to enable the stu-
dents to become better mathematics and science 
teachers, to fulfill the service requirements of this sec-
tion, and to exchange ideas with others in the students’ 
fields; and 
‘‘(iv) providing summer internships for freshman 
and sophomore students participating in the program; 
or 
‘‘(B) to develop and implement a program to recruit 
and prepare science, technology, engineering, or mathe-
matics professionals to become qualified as mathematics 
and science teachers, through— 
‘‘(i) administering stipends in accordance with sub-
section (d); 
‘‘(ii) offering academic courses and clinical teaching 
experiences designed to prepare stipend recipients to 
teach in elementary schools and secondary schools 
served by a high need local educational agency, 
including such preparation as is necessary to meet 
requirements for teacher certification or licensing; and 
‘‘(iii) offering programs to stipend recipients, both 
during and after matriculation in the program for 
which the stipend is received, to enable recipients to 
become better mathematics and science teachers, to 
fulfill the service requirements of this section, and 
to exchange ideas with others in the students’ fields. 
‘‘(4) ELIGIBILITY REQUIREMENT.— 
‘‘(A) IN GENERAL.—To be eligible to receive a grant 
under this section, an eligible entity shall ensure that 
specific faculty members and staff from the science, tech-
nology, engineering, and mathematics departments and 
specific education faculty of the eligible entity (and partici-
pating institutions of higher education of the consortium, 
if applicable) are designated to carry out the development 
and implementation of the program. 
‘‘(B) INCLUSION
OF
MASTER
TEACHERS.—An eligible 
entity (and participating institutions of higher education 
of the consortium, if applicable) receiving a grant under 
this section may also include master teachers in the 
development of the pedagogical content of the program 
and in the supervision of students participating in the 
program in their clinical teaching experiences. 
‘‘(C) ACTIVE
PARTICIPANTS.—No eligible entity (or 
participating institution of higher education of the consor-
tium, if applicable) shall be eligible for a grant under 
this section unless faculty from the science, technology, 
engineering, and mathematics departments of the eligible 
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121 STAT. 700 
PUBLIC LAW 110–69—AUG. 9, 2007 
entity (and participating institutions of higher education 
of the consortium, if applicable) are active participants 
in the program. 
‘‘(5) AWARDS.—In awarding grants under this section, the 
Director shall ensure that the eligible entities (and participating 
institutions of higher education of the consortia, if applicable) 
represent a variety of types of institutions of higher education. 
In support of this goal, the Director shall broadly disseminate 
information about when and how to apply for grants under 
this section, including by conducting outreach to— 
‘‘(A) historically Black colleges and universities that 
are part B institutions, as defined in section 322(2) of 
the Higher Education Act of 1965 (20 U.S.C. 1061(2)); 
and 
‘‘(B) minority institutions, as defined in section 365(3) 
of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)). 
‘‘(6) SUPPLEMENT
NOT
SUPPLANT.—Grant funds provided 
under this section shall be used to supplement, and not sup-
plant, other Federal or State funds available for the type of 
activities supported by the grant. 
‘‘(b) SELECTION PROCESS.— 
‘‘(1) APPLICATION.—An eligible entity seeking funding under 
this section shall submit an application to the Director at 
such time, in such manner, and containing such information 
as the Director may require. The application shall include, 
at a minimum— 
‘‘(A) in the case of an applicant that is submitting 
an application on behalf of a consortium of institutions 
of higher education, a description of the participating 
institutions of higher education and the roles and respon-
sibilities of each such institution; 
‘‘(B) a description of the program that the applicant 
intends to operate, including the number of scholarships 
and summer internships or the size and number of stipends 
the applicant intends to award, the type of activities pro-
posed for the recruitment of students to the program, and 
the selection process that will be used in awarding the 
scholarships or stipends; 
‘‘(C) evidence that the applicant has the capability 
to administer the program in accordance with the provi-
sions of this section, which may include a description of 
any existing programs at the applicant eligible entity (and 
participating institutions of higher education of the consor-
tium, if applicable) that are targeted to the education of 
mathematics and science teachers and the number of 
teachers graduated annually from such programs; 
‘‘(D) a description of the academic courses and clinical 
teaching experiences required under subparagraphs (A)(ii) 
and (B)(ii) of subsection (a)(3), as applicable, including— 
‘‘(i) a description of the undergraduate program 
that will enable a student to graduate within 5 years 
with a major in science, technology, engineering, or 
mathematics and to obtain teacher certification or 
licensing; 
‘‘(ii) a description of the clinical teaching experi-
ences proposed; and 
Minorities. 
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121 STAT. 701 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(iii) evidence of agreements between the applicant 
and the schools or local educational agencies that are 
identified as the locations at which clinical teaching 
experiences will occur; 
‘‘(E) a description of the programs required under sub-
paragraphs (A)(iii) and (B)(iii) of subsection (a)(3), including 
activities to assist new teachers in fulfilling the teachers’ 
service requirements under this section; 
‘‘(F) an identification of the applicant eligible entity’s 
science, technology, engineering, and mathematics faculty 
and its education faculty (and such faculty of participating 
institutions of higher education of the consortium, if 
applicable) who will carry out the development and 
implementation of the program as required under sub-
section (a)(4); and 
‘‘(G) a description of the process the applicant will 
use to fulfill the requirements of subsection (f). 
‘‘(2) REVIEW OF APPLICATIONS.—In evaluating the applica-
tions submitted under paragraph (1), the Director shall con-
sider, at a minimum— 
‘‘(A) the ability of the applicant (and the participating 
institutions of higher education of the consortium, if 
applicable) to effectively carry out the program; 
‘‘(B) the extent to which the applicant’s science, tech-
nology, engineering, and mathematics faculty and its edu-
cation faculty (and such faculty of participating institutions 
of higher education of the consortium, if applicable) have 
worked or will work collaboratively to design new or revised 
curricula that recognize the specialized pedagogy required 
to teach science, technology, engineering, and mathematics 
effectively in elementary schools and secondary schools; 
‘‘(C) the extent to which the applicant (and the partici-
pating institutions of higher education of the consortium, 
if applicable) is committed to making the program a central 
organizational focus; 
‘‘(D) the degree to which the proposed programming 
will enable scholarship or stipend recipients to become 
successful mathematics and science teachers; 
‘‘(E) the number and academic qualifications of the 
students who will be served by the program; and 
‘‘(F) the ability of the applicant (and the participating 
institutions of higher education of the consortium, if 
applicable) to recruit students who would otherwise not 
pursue a career in teaching in elementary schools or sec-
ondary schools and students who are individuals identified 
in section 33 or 34 of the Science and Engineering Equal 
Opportunities Act (42 U.S.C. 1885a or 1885b). 
‘‘(c) SCHOLARSHIP REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Scholarships under this section shall 
be available only to students who— 
‘‘(A) are majoring in science, technology, engineering, 
or mathematics; and 
‘‘(B) have attained at least junior status in a bacca-
laureate degree program. 
‘‘(2) SELECTION.—Individuals shall be selected to receive 
scholarships primarily on the basis of academic merit, with 
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121 STAT. 702 
PUBLIC LAW 110–69—AUG. 9, 2007 
consideration given to financial need and to the goal of pro-
moting the participation of individuals identified in section 
33 or 34 of the Science and Engineering Equal Opportunities 
Act (42 U.S.C. 1885a or 1885b). 
‘‘(3) AMOUNT.—The Director shall establish for each year 
the amount to be awarded for scholarships under this section 
for that year, which shall be not less than $10,000 per year, 
except that no individual shall receive for any year more than 
the cost of attendance at that individual’s institution. Full- 
time students may receive annual scholarships through the 
completion of a baccalaureate degree program, not to exceed 
a maximum of 3 years. Part-time students may receive scholar-
ships that are prorated according to such students’ enrollment 
status, not to exceed 6 years of scholarship support. 
‘‘(4) SERVICE OBLIGATION.—If an individual receives a schol-
arship under this section, such individual shall be required 
to complete, within 8 years after graduation from the bacca-
laureate degree program for which the scholarship was 
awarded, 2 years of service as a mathematics or science teacher 
for each full scholarship award received, with a maximum 
service requirement of 6 years. Service required under this 
paragraph shall be performed in a high need local educational 
agency. 
‘‘(d) STIPENDS.— 
‘‘(1) IN
GENERAL.—Stipends under this section shall be 
available only to science, technology, engineering, or mathe-
matics professionals who, while receiving the stipend, are 
enrolled in a program established under subsection (a)(3)(B). 
‘‘(2) SELECTION.—Individuals shall be selected to receive 
stipends under this section primarily on the basis of academic 
merit and professional achievement, with consideration given 
to financial need and to the goal of promoting the participation 
of individuals identified in section 33 or 34 of the Science 
and Engineering Equal Opportunities Act (42 U.S.C. 1885a 
or 1885b). 
‘‘(3) AMOUNT AND DURATION.—Stipends under this section 
shall be not less than $10,000 per year, except that no indi-
vidual shall receive for any year more than the cost of attend-
ance at such individual’s institution. Individuals may receive 
a maximum of 1 year of stipend support, except that if an 
individual is enrolled in a part-time program, such amount 
shall be prorated according to the length of the program. 
‘‘(4) SERVICE OBLIGATION.—If an individual receives a sti-
pend under this section, such individual shall be required to 
complete, within 4 years after graduation from the program 
for which the stipend was awarded, 2 years of service as a 
mathematics or science teacher. Service required under this 
paragraph shall be performed in a high need local educational 
agency. 
‘‘(e) CONDITIONS OF SUPPORT.—As a condition of acceptance 
of a scholarship or stipend under this section, a recipient of a 
scholarship or stipend shall enter into an agreement with the 
eligible entity— 
‘‘(1) accepting the terms of the scholarship or stipend pursu-
ant to subsection (c) or subsection (d); 
‘‘(2) agreeing to provide the eligible entity with annual 
certification of employment and up-to-date contact information 
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121 STAT. 703 
PUBLIC LAW 110–69—AUG. 9, 2007 
and to participate in surveys conducted by the eligible entity 
as part of an ongoing assessment program; and 
‘‘(3) establishing that if the service obligation required 
under this section is not completed, all or a portion of the 
scholarship or stipend received under this section shall be 
repaid in accordance with subsection (g). 
‘‘(f) COLLECTION FOR NONCOMPLIANCE.— 
‘‘(1) MONITORING COMPLIANCE.—An eligible entity receiving 
a grant under this section shall, as a condition of participating 
in the program, enter into an agreement with the Director 
to monitor the compliance of scholarship or stipend recipients 
with their respective service requirements. 
‘‘(2) COLLECTION OF REPAYMENT.— 
‘‘(A) IN GENERAL.—In the event that a scholarship or 
stipend recipient is required to repay the scholarship or 
stipend under subsection (g), the eligible entity shall— 
‘‘(i) be responsible for determining the repayment 
amounts and for notifying the recipient and the 
Director of the amount owed; and 
‘‘(ii) collect such repayment amount within a period 
of time as determined under the agreement described 
in paragraph (1), or the repayment amount shall be 
treated as a loan in accordance with subparagraph 
(C). 
‘‘(B) RETURNED TO TREASURY.—Except as provided in 
subparagraph (C), any such repayment shall be returned 
to the Treasury of the United States. 
‘‘(C) RETAIN
PERCENTAGE.—An eligible entity may 
retain a percentage of any repayment the eligible entity 
collects to defray administrative costs associated with the 
collection. The Director shall establish a single, fixed 
percentage that will apply to all eligible entities. 
‘‘(g) FAILURE TO COMPLETE SERVICE OBLIGATION.— 
‘‘(1) GENERAL RULE.—If an individual who has received 
a scholarship or stipend under this section— 
‘‘(A) fails to maintain an acceptable level of academic 
standing in the educational institution in which the indi-
vidual is enrolled, as determined by the Director; 
‘‘(B) is dismissed from such educational institution for 
disciplinary reasons; 
‘‘(C) withdraws from the program for which the award 
was made before the completion of such program; 
‘‘(D) declares that the individual does not intend to 
fulfill the service obligation under this section; or 
‘‘(E) fails to fulfill the service obligation of the indi-
vidual under this section, 
such individual shall be liable to the United States as provided 
in paragraph (2). 
‘‘(2) AMOUNT OF REPAYMENT.— 
‘‘(A) LESS
THAN
ONE
YEAR
OF
SERVICE.—If a cir-
cumstance described in paragraph (1) occurs before the 
completion of 1 year of a service obligation under this 
section, the total amount of awards received by the indi-
vidual under this section shall be repaid or such amount 
shall be treated as a loan to be repaid in accordance with 
subparagraph (C). 
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121 STAT. 704 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(B) MORE
THAN
ONE
YEAR
OF
SERVICE.—If a cir-
cumstance described in subparagraph (D) or (E) of para-
graph (1) occurs after the completion of 1 year of a service 
obligation under this section— 
‘‘(i) for a scholarship recipient, the total amount 
of scholarship awards received by the individual under 
this section, reduced by the ratio of the number of 
years of service completed divided by the number of 
years of service required, shall be repaid or such 
amount shall be treated as a loan to be repaid in 
accordance with subparagraph (C); and 
‘‘(ii) for a stipend recipient, one-half of the total 
amount of stipends received by the individual under 
this section shall be repaid or such amount shall be 
treated as a loan to be repaid in accordance with 
subparagraph (C). 
‘‘(C) REPAYMENTS.—The loans described under sub-
paragraphs (A) and (B) shall be payable to the Federal 
Government, consistent with the provisions of part B or 
D of title IV of the Higher Education Act of 1965, and 
shall be subject to repayment in accordance with terms 
and conditions specified by the Director (in consultation 
with the Secretary of Education) in regulations promul-
gated to carry out this paragraph. 
‘‘(3) EXCEPTIONS.—The Director may provide for the partial 
or total waiver or suspension of any service or payment obliga-
tion by an individual under this section whenever compliance 
by the individual with the obligation is impossible or would 
involve extreme hardship to the individual, or if enforcement 
of such obligation with respect to the individual would be 
unconscionable. 
‘‘(h) DATA COLLECTION.—An eligible entity receiving a grant 
under this section shall supply to the Director any relevant statis-
tical and demographic data on scholarship and stipend recipients 
the Director may request, including information on employment 
required under this section. 
‘‘(i) DEFINITIONS.—In this section— 
‘‘(1) the term ‘cost of attendance’ has the meaning given 
such term in section 472 of the Higher Education Act of 1965 
(20 U.S.C. 1087ll); 
‘‘(2) the term ‘eligible entity’ means— 
‘‘(A) an institution of higher education; or 
‘‘(B) an institution of higher education that receives 
grant funds on behalf of a consortium of institutions of 
higher education; 
‘‘(3) the term ‘fellowship’ means an award to an individual 
under section 10A; 
‘‘(4) the term ‘high need local educational agency’ has the 
meaning given such term in section 201 of the Higher Education 
Act of 1965 (20 U.S.C. 1021); 
‘‘(5) the term ‘mathematics and science teacher’ means 
a science, technology, engineering, or mathematics teacher at 
the elementary school or secondary school level; 
‘‘(6) the term ‘scholarship’ means an award under sub-
section (c); 
‘‘(7) the term ‘science, technology, engineering, or mathe-
matics professional’ means a person who holds a baccalaureate, 
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121 STAT. 705 
PUBLIC LAW 110–69—AUG. 9, 2007 
master’s, or doctoral degree in science, technology, engineering, 
or mathematics, and is working in or had a career in such 
field or a related area; and 
‘‘(8) the term ‘stipend’ means an award under subsection 
(d). 
‘‘(j) MATHEMATICS
AND SCIENCE SCHOLARSHIP GIFT FUND.— 
In accordance with section 11(f) of the National Science Foundation 
Act of 1950 (42 U.S.C. 1870(f)), the Director is authorized to accept 
donations from the private sector to supplement but not supplant 
scholarships, stipends, internships, or fellowships associated with 
programs under this section or section 10A. 
‘‘(k) ASSESSMENT OF TEACHER SERVICE AND RETENTION.—Not 
later than 4 years after the date of enactment of the America 
COMPETES Act, the Director shall transmit to the Committee 
on Health, Education, Labor, and Pensions of the Senate and the 
Committee on Science and Technology of the House of Representa-
tives a report on the effectiveness of the programs carried out 
under this section and section 10A. The report shall include the 
proportion of individuals receiving scholarships, stipends, or fellow-
ships under the program who— 
‘‘(1) fulfill the individuals’ service obligation required under 
this section or section 10A; 
‘‘(2) remain in the teaching profession beyond the individ-
uals’ service obligation; and 
‘‘(3) remain in the teaching profession in a high need local 
educational agency beyond the individuals’ service obligation. 
‘‘(l) EVALUATION.—Not less than 2 years after the date of enact-
ment of the America COMPETES Act, the Director, in consultation 
with the Secretary of Education, shall conduct an evaluation to 
determine whether the scholarships, stipends, and fellowships 
authorized under this section and section 10A have been effective 
in increasing the numbers of high-quality mathematics and science 
teachers teaching in high need local educational agencies and 
whether there continue to exist significant shortages of such 
teachers in high need local educational agencies. 
‘‘SEC. 10A. NATIONAL SCIENCE FOUNDATION TEACHING FELLOWSHIPS 
AND MASTER TEACHING FELLOWSHIPS. 
‘‘(a) IN GENERAL.— 
‘‘(1) GRANTS.— 
‘‘(A) IN GENERAL.—As part of the Robert Noyce Teacher 
Scholarship Program established under section 10, the 
Director shall establish a separate program to award grants 
to eligible entities to enable such entities to administer 
fellowships in accordance with this section. 
‘‘(B) DEFINITIONS.—The terms used in this section have 
the meanings given the terms in section 10. 
‘‘(2) FELLOWSHIPS.—Fellowships under this section shall 
be available only to— 
‘‘(A) science, technology, engineering, or mathematics 
professionals, who shall be referred to as ‘National Science 
Foundation Teaching Fellows’ and who, in the first year 
of the fellowship, are enrolled in a master’s degree program 
leading to teacher certification or licensing; and 
‘‘(B) mathematics and science teachers, who shall be 
referred to as ‘National Science Foundation Master 
42 USC 
1862n–1a. 
Deadline. 
Deadline. 
Reports. 
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121 STAT. 706 
PUBLIC LAW 110–69—AUG. 9, 2007 
Teaching Fellows’ and who possess a master’s degree in 
their field. 
‘‘(b) ELIGIBILITY.—In order to be eligible to receive a grant 
under this section, an eligible entity shall enter into a partnership 
that shall include— 
‘‘(1) a department within an institution of higher education 
participating in the partnership that provides an advanced 
program of study in mathematics and science; 
‘‘(2)(A) a school or department within an institution of 
higher education participating in the partnership that provides 
a teacher preparation program; or 
‘‘(B) a 2-year institution of higher education that has a 
teacher preparation offering or a dual enrollment program with 
an institution of higher education participating in the partner-
ship; 
‘‘(3) not less than 1 high need local educational agency 
and a public school or a consortium of public schools served 
by the agency; and 
‘‘(4) 1 or more nonprofit organizations that have a dem-
onstrated record of capacity to provide expertise or support 
to meet the purposes of this section. 
‘‘(c) USE OF GRANTS.—Grants awarded under this section shall 
be used by the eligible entity (and participating institutions of 
higher education of the consortium, if applicable) to develop and 
implement a program for National Science Foundation Teaching 
Fellows or National Science Foundation Master Teaching Fellows, 
through— 
‘‘(1) administering fellowships in accordance with this sec-
tion, including providing the teaching fellowship salary supple-
ments described in subsection (f); 
‘‘(2) in the case of National Science Foundation Teaching 
Fellowships— 
‘‘(A) offering academic courses and clinical teaching 
experiences leading to a master’s degree and designed to 
prepare individuals to teach in elementary schools and 
secondary schools, including such preparation as is nec-
essary to meet the requirements for certification or 
licensing; and 
‘‘(B) offering programs both during and after matricula-
tion in the program for which the fellowship is received 
to enable fellows to become highly effective mathematics 
and science teachers, including mentoring, training, induc-
tion, and professional development activities, to fulfill the 
service requirements of this section, including the require-
ments of subsection (e), and to exchange ideas with others 
in their fields; and 
‘‘(3) in the case of National Science Foundation Master 
Teaching Fellowships— 
‘‘(A) offering academic courses and leadership training 
to prepare individuals to become master teachers in 
elementary schools and secondary schools; and 
‘‘(B) offering programs both during and after matricula-
tion in the program for which the fellowship is received 
to enable fellows to become highly effective mathematics 
and science teachers, including mentoring, training, induc-
tion, and professional development activities, to fulfill the 
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121 STAT. 707 
PUBLIC LAW 110–69—AUG. 9, 2007 
service requirements of this section, including the require-
ments of subsection (e), and to exchange ideas with others 
in their fields. 
‘‘(d) SELECTION PROCESS.— 
‘‘(1) MERIT REVIEW.—Grants shall be awarded under this 
section on a competitive, merit-reviewed basis. 
‘‘(2) APPLICATIONS.—An eligible entity desiring a grant 
under this section shall submit an application to the Director 
at such time, in such manner, and containing such information 
as the Director may require. The application shall include, 
at a minimum— 
‘‘(A) in the case of an applicant that is submitting 
an application on behalf of a consortium of institutions 
of higher education, a description of the participating 
institutions of higher education and the roles and respon-
sibilities of each such institution; 
‘‘(B) a description of the program that the applicant 
intends to operate, including the number of fellowships 
the applicant intends to award, the type of activities pro-
posed for the recruitment of students to the program, and 
the amount of the teaching fellowship salary supplements 
to be provided in accordance with subsection (f); 
‘‘(C) evidence that the applicant has the capability 
to administer the program in accordance with the provi-
sions of this section, which may include a description of 
any existing programs at the applicant eligible entity (and 
participating institutions of higher education of the consor-
tium, if applicable) that are targeted to the education of 
mathematics and science teachers and the number of 
teachers graduated annually from such programs; 
‘‘(D) in the case of National Science Foundation 
Teaching Fellowships, a description of— 
‘‘(i) the selection process that will be used in 
awarding fellowships, including a description of the 
rigorous measures to be used, including the rigorous, 
nationally recognized assessments to be used, in order 
to determine whether individuals applying for fellow-
ships have advanced content knowledge of science, 
technology, engineering, or mathematics; 
‘‘(ii) the academic courses and clinical teaching 
experiences 
described 
in 
subsection 
(c)(2)(A), 
including— 
‘‘(I) a description of an educational program 
that will enable a student to obtain a master’s 
degree and teacher certification or licensing within 
1 year; and 
‘‘(II) evidence of agreements between the 
applicant and the schools or local educational agen-
cies that are identified as the locations at which 
clinical teaching experiences will occur; 
‘‘(iii) a description of the programs described in 
subsection (c)(2)(B), including activities to assist 
individuals in fulfilling their service requirements 
under this section; 
‘‘(E) evidence that the eligible entity will provide the 
teaching supplements required under subsection (f); and 
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121 STAT. 708 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(F) a description of the process the applicant will 
use to fulfill the requirements of section 10(f). 
‘‘(3) CRITERIA.—In evaluating the applications submitted 
under paragraph (2), the Director shall consider, at a min-
imum— 
‘‘(A) the ability of the applicant (and participating 
institutions of higher education of the consortium, if 
applicable) to effectively carry out the program and to 
meet the requirements of subsection (f); 
‘‘(B) the extent to which the mathematics, science, 
or engineering faculty and the education faculty at the 
eligible entity (and participating institutions of higher edu-
cation of the consortium, if applicable) have worked or 
will work collaboratively to design new or revised curricula 
that recognizes the specialized pedagogy required to teach 
science, technology, engineering, and mathematics effec-
tively in elementary schools and secondary schools; 
‘‘(C) the extent to which the applicant (and partici-
pating institutions of higher education of the consortium, 
if applicable) is committed to making the program a central 
organizational focus; 
‘‘(D) the degree to which the proposed programming 
will enable participants to become highly effective mathe-
matics and science teachers and prepare such participants 
to assume leadership roles in their schools, in addition 
to their regular classroom duties, including serving as 
mentor or master teachers, developing curriculum, and 
assisting in the development and implementation of profes-
sional development activities; 
‘‘(E) the number and quality of the individuals that 
will be served by the program; and 
‘‘(F) in the case of the National Science Foundation 
Teaching Fellowship, the ability of the applicant (and 
participating institutions of higher education of the consor-
tium, if applicable) to recruit individuals who would other-
wise not pursue a career in teaching and individuals identi-
fied in section 33 or 34 of the Science and Engineering 
Equal Opportunities Act (42 U.S.C. 1855a or 1855b). 
‘‘(4) SELECTION OF FELLOWS.— 
‘‘(A) IN
GENERAL.—Individuals shall be selected to 
receive fellowships under this section primarily on the basis 
of— 
‘‘(i) professional achievement; 
‘‘(ii) academic merit; 
‘‘(iii) content knowledge of science, technology, 
engineering, or mathematics, as demonstrated by their 
performance on an assessment in accordance with 
paragraph (2)(D)(i); and 
‘‘(iv) in the case of National Science Foundation 
Master Teaching Fellows, demonstrated success in 
improving student academic achievement in science, 
technology, engineering, or mathematics. 
‘‘(B) PROMOTING
PARTICIPATION
OF
CERTAIN
INDIVID-
UALS.—Among individuals demonstrating equivalent quali-
fications, consideration may be given to the goal of pro-
moting the participation of individuals identified in section 
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121 STAT. 709 
PUBLIC LAW 110–69—AUG. 9, 2007 
33 or 34 of the Science and Engineering Equal Opportuni-
ties Act (42 U.S.C. 1885a or 1885b). 
‘‘(e) DUTIES OF NATIONAL SCIENCE FOUNDATION TEACHING FEL-
LOWS
AND
MASTER
TEACHING
FELLOWS.—A National Science 
Foundation Teaching Fellow or a National Science Foundation 
Master Teaching Fellow, while fulfilling the service obligation under 
subsection (g) and in addition to regular classroom activities, shall 
take on a leadership role within the school or local educational 
agency in which the fellow is employed, as defined by the partner-
ship according to such fellow’s expertise, including serving as a 
mentor or master teacher, developing curricula, and assisting in 
the development and implementation of professional development 
activities. 
‘‘(f) TEACHING FELLOWSHIP SALARY SUPPLEMENTS.— 
‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 
this section shall provide salary supplements to individuals 
who participate in the program under this section during the 
period of their service obligation under subsection (g). A local 
educational agency through which the service obligation is ful-
filled shall agree not to reduce the base salary normally paid 
to an individual solely because such individual receives a salary 
supplement under this subsection. 
‘‘(2) AMOUNT AND DURATION.— 
‘‘(A) AMOUNT.—Salary supplements provided under 
paragraph (1) shall be not less than $10,000 per year, 
except that, in the case of a National Science Foundation 
Teaching Fellow, while enrolled in the master’s degree 
program as described in subsection (c)(2)(A), such fellow 
shall receive not more than the cost of attendance at such 
fellow’s institution. 
‘‘(B) SUPPORT WHILE ENROLLED IN MASTER’S DEGREE 
PROGRAM.—A National Science Foundation Teaching Fellow 
may receive a maximum of 1 year of fellowship support 
while enrolled in a master’s degree program as described 
in subsection (c)(2)(A), except that if such fellow is enrolled 
in a part-time program, such amount shall be prorated 
according to the length of the program. 
‘‘(C) 
DURATION
OF
SUPPORT.—An 
eligible 
entity 
receiving a grant under this section shall provide teaching 
fellowship salary supplements through the period of the 
fellow’s service obligation under subsection (g). 
‘‘(g) SERVICE OBLIGATION.—An individual awarded a fellowship 
under this section shall serve as a mathematics or science teacher 
in an elementary school or secondary school served by a high 
need local educational agency for— 
‘‘(1) in the case of a National Science Foundation Teaching 
Fellow, 4 years, to be fulfilled within 6 years of completing 
the master’s program described in subsection (c)(2)(A); and 
‘‘(2) in the case of a National Science Foundation Master 
Teaching Fellow, 5 years, to be fulfilled within 7 years of 
the start of participation in the program under subsection (c)(3). 
‘‘(h) MATCHING REQUIREMENT.— 
‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 
this section shall provide, from non-Federal sources, an amount 
equal to 50 percent of the amount of the grant (which may 
be provided in cash or in-kind) to carry out the activities 
supported by the grant. 
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121 STAT. 710 
PUBLIC LAW 110–69—AUG. 9, 2007 
‘‘(2) WAIVER.—The Director may waive all or part of the 
matching requirement described in paragraph (1) for any fiscal 
year for an eligible entity receiving a grant under this section, 
if the Director determines that applying the matching require-
ment would result in serious hardship or inability to carry 
out the authorized activities described in this section. 
‘‘(i) CONDITIONS OF SUPPORT; COLLECTION FOR NONCOMPLIANCE; 
FAILURE TO COMPLETE SERVICE OBLIGATION; DATA COLLECTION.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
subsections (e), (f), (g), and (h) of section 10 shall apply to 
eligible entities and recipients of fellowships under this section, 
as applicable, in the same manner as such subsections apply 
to eligible entities and recipients of scholarships and stipends 
under section 10, as applicable. 
‘‘(2) AMOUNT OF REPAYMENT.—If a circumstance described 
in subparagraph (D) or (E) of section 10(g)(1) occurs after 
the completion of 1 year of a service obligation under this 
section— 
‘‘(A) for a National Science Foundation Teaching Fel-
low, the total amount of fellowship award received by the 
individual under this section while enrolled in the master’s 
degree program, reduced by one-fourth of the total amount 
for each year of service completed, plus one-half of the 
total teaching fellowship salary supplements received by 
such individual under this section, shall be repaid or such 
amount shall be treated as a loan to be repaid in accordance 
with section 10(g)(1)(C); and 
‘‘(B) for a National Science Foundation Master 
Teaching Fellow, the total amount of teaching fellowship 
salary supplements received by the individual under this 
section, reduced by one-half, shall be repaid or such amount 
shall be treated as a loan to be repaid in accordance with 
section 10(g)(1)(C).’’. 
SEC. 7031. ENCOURAGING PARTICIPATION. 
(a) COMMUNITY COLLEGE PROGRAM.—Section 3 of the Scientific 
and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is 
amended— 
(1) in subsection (a)(3)— 
(A) in subparagraph (A), by striking ‘‘and’’ after the 
semicolon; 
(B) in subparagraph (B), by striking the semicolon 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) encourage participation of individuals identified 
in section 33 or 34 of the Science and Engineering Equal 
Opportunities Act (42 U.S.C. 1885a or 1885b);’’; and 
(2) in subsection (c), by adding at the end the following: 
‘‘(3) MENTOR TRAINING GRANTS.—The Director shall— 
‘‘(A) establish a program to encourage and make grants 
available to institutions of higher education that award 
associate degrees to recruit and train individuals from the 
fields of science, technology, engineering, and mathematics 
to mentor students who are described in section 33 or 
34 of the Science and Engineering Equal Opportunities 
Act (42 U.S.C. 1885a or 1885b) in order to assist those 
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121 STAT. 711 
PUBLIC LAW 110–69—AUG. 9, 2007 
students in identifying, qualifying for, and entering higher- 
paying technical jobs in those fields; and 
‘‘(B) make grants available to associate-degree-granting 
colleges to carry out the program identified in subsection 
(A).’’. 
(b) EVALUATION
AND REPORT.—The Director shall establish 
metrics to evaluate the success of the programs established by 
the Foundation for encouraging individuals identified in section 
33 or 34 of the Science and Engineering Equal Opportunities Act 
(42 U.S.C. 1885a or 1885b) to study and prepare for careers in 
science, technology, engineering, and mathematics, including pro-
grams that provide for mentoring for such individuals. The Director 
shall carry out evaluations based on the metrics developed and 
report to Congress annually on the findings and conclusions of 
the evaluations. 
SEC. 7032. NATIONAL ACADEMY OF SCIENCES REPORT ON DIVERSITY 
IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHE-
MATICS FIELDS. 
(a) IN GENERAL.—The Director shall enter into an arrangement 
with the National Academy of Sciences for a report, to be trans-
mitted to the Congress not later than 1 year after the date of 
enactment of this Act, about barriers to increasing the number 
of underrepresented minorities in science, technology, engineering, 
and mathematics fields and to identify strategies for bringing more 
underrepresented 
minorities 
into 
the 
science, 
technology, 
engineering, and mathematics workforce. 
(b) SPECIFIC REQUIREMENTS.—The Director shall ensure that 
the report described in subsection (a) addresses— 
(1) social and institutional factors that shape the decisions 
of minority students to commit to education and careers in 
the science, technology, engineering, and mathematics fields; 
(2) specific barriers preventing greater minority student 
participation in the science, technology, engineering, and 
mathematics fields; 
(3) primary focus points for policy intervention to increase 
the recruitment and retention of underrepresented minorities 
in the future workforce of the United States; 
(4) programs already underway to increase diversity in 
the science, technology, engineering, and mathematics fields, 
and their level of effectiveness; 
(5) factors that make such programs effective, and how 
to expand and improve upon existing programs; 
(6) the role of minority-serving institutions in the diver-
sification of the workforce of the United States in these fields 
and how that role can be supported and strengthened; and 
(7) how the public and private sectors can better assist 
minority students in their efforts to join the workforce of the 
United States in these fields. 
SEC. 7033. HISPANIC-SERVING INSTITUTIONS UNDERGRADUATE PRO-
GRAM. 
(a) IN GENERAL.—The Director is authorized to establish a 
new program to award grants on a competitive, merit-reviewed 
basis to Hispanic-serving institutions (as defined in section 502 
of the Higher Education Act of 1965 (20 U.S.C. 1101a)) to enhance 
the quality of undergraduate science, technology, engineering, and 
mathematics education at such institutions and to increase the 
Grants. 
42 USC 
1862o–12. 
Contracts. 
42 USC 
1862o–11. 
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121 STAT. 712 
PUBLIC LAW 110–69—AUG. 9, 2007 
retention and graduation rates of students pursuing associate’s 
or baccalaureate degrees in science, technology, engineering, and 
mathematics. 
(b) PROGRAM COMPONENTS.—Grants awarded under this section 
shall support— 
(1) activities to improve courses and curriculum in science, 
technology, engineering, and mathematics; 
(2) faculty development; 
(3) stipends for undergraduate students participating in 
research; and 
(4) other activities consistent with subsection (a), as deter-
mined by the Director. 
(c) INSTRUMENTATION.—Funding for instrumentation is an 
allowed use of grants awarded under this section. 
SEC. 7034. PROFESSIONAL SCIENCE MASTER’S DEGREE PROGRAMS. 
(a) CLEARINGHOUSE.— 
(1) DEVELOPMENT.—The Director shall establish a clearing-
house, in collaboration with 4-year institutions of higher edu-
cation (including applicable graduate schools and academic 
departments), and industries and Federal agencies that employ 
science-trained personnel, to share program elements used in 
successful professional science master’s degree programs and 
other advanced degree programs related to science, technology, 
engineering, and mathematics. 
(2) AVAILABILITY.—The Director shall make the clearing-
house of program elements developed under paragraph (1) 
available to institutions of higher education that are developing 
professional science master’s degree programs. 
(b) PROGRAMS.— 
(1) PROGRAMS
AUTHORIZED.—The Director shall award 
grants to 4-year institutions of higher education to facilitate 
the institutions’ creation or improvement of professional science 
master’s degree programs that may include linkages between 
institutions of higher education and industries that employ 
science-trained personnel, with an emphasis on practical 
training and preparation for the workforce in high-need fields. 
(2) APPLICATION.—A 4-year institution of higher education 
desiring a grant under this section shall submit an application 
to the Director at such time, in such manner, and accompanied 
by such information as the Director may require. The applica-
tion shall include— 
(A) a description of the professional science master’s 
degree program that the institution of higher education 
will implement; 
(B) a description of how the professional science mas-
ter’s degree program at the institution of higher education 
will produce individuals for the workforce in high-need 
fields; 
(C) the amount of funding from non-Federal sources, 
including from private industries, that the institution of 
higher education shall use to support the professional 
science master’s degree program; and 
(D) an assurance that the institution of higher edu-
cation shall encourage students in the professional science 
master’s degree program to apply for all forms of Federal 
assistance available to such students, including applicable 
Grants. 
Establishment. 
42 USC 
1862o–13. 
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121 STAT. 713 
PUBLIC LAW 110–69—AUG. 9, 2007 
graduate fellowships and student financial assistance 
under titles IV and VII of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq., 1133 et seq.). 
(3) PREFERENCES.—The Director shall give preference in 
making awards to 4-year institutions of higher education 
seeking Federal funding to create or improve professional 
science master’s degree programs, to those applicants— 
(A) located in States with low percentages of citizens 
with graduate or professional degrees, as determined by 
the Bureau of the Census, that demonstrate success in 
meeting the unique needs of the corporate, non-profit, and 
government communities in the State, as evidenced by 
providing internships for professional science master’s 
degree students or similar partnership arrangements; or 
(B) that secure more than two-thirds of the funding 
for such professional science master’s degree programs from 
sources other than the Federal Government. 
(4) NUMBER OF GRANTS; TIME PERIOD OF GRANTS.— 
(A) NUMBER OF GRANTS.—Subject to the availability 
of appropriated funds, the Director shall award grants 
under paragraph (1) to a maximum of 200 4-year institu-
tions of higher education. 
(B) TIME PERIOD OF GRANTS.—Grants awarded under 
this section shall be for one 3-year term. Grants may be 
renewed only once for a maximum of 2 additional years. 
(5) EVALUATION AND REPORTS.— 
(A) DEVELOPMENT
OF
PERFORMANCE
BENCHMARKS.— 
Prior to the start of the grant program, the Director, in 
collaboration with 4-year institutions of higher education 
(including applicable graduate schools and academic 
departments), and industries and Federal agencies that 
employ science-trained personnel, shall develop perform-
ance benchmarks to evaluate the pilot programs assisted 
by grants under this section. 
(B) EVALUATION.—For each year of the grant period, 
the Director, in consultation with 4-year institutions of 
higher education (including applicable graduate schools and 
academic departments), and industries and Federal agen-
cies that employ science-trained personnel, shall complete 
an evaluation of each program assisted by grants under 
this section. Any program that fails to satisfy the perform-
ance benchmarks developed under subparagraph (A) shall 
not be eligible for further funding. 
(C) REPORT.—Not later than 180 days after the comple-
tion of an evaluation described in subparagraph (B), the 
Director shall submit a report to Congress that includes— 
(i) the results of the evaluation; and 
(ii) recommendations for administrative and legis-
lative action that could optimize the effectiveness of 
the pilot programs, as the Director determines to be 
appropriate. 
SEC. 7035. SENSE OF CONGRESS ON COMMUNICATIONS TRAINING FOR 
SCIENTISTS. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
institutions of higher education receiving awards under the Integra-
tive Graduate Education and Research Traineeship program of 
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121 STAT. 714 
PUBLIC LAW 110–69—AUG. 9, 2007 
the Foundation should, among the activities supported under these 
awards, train graduate students in the communication of the sub-
stance and importance of their research to nonscientist audiences. 
(b) REPORT TO CONGRESS.—Not later than 3 years after the 
date of enactment of this Act, the Director shall transmit a report 
to the Committee on Science and Technology of the House of Rep-
resentatives and to the Committee on Commerce, Science, and 
Transportation and the Committee on Health, Education, Labor, 
and Pensions of the Senate, describing the training programs 
described in subsection (a) provided to graduate students who 
participated in the Integrative Graduate Education and Research 
Traineeship program. The report shall include data on the number 
of graduate students trained and a description of the types of 
activities funded. 
SEC. 7036. MAJOR RESEARCH INSTRUMENTATION. 
(a) AWARD AMOUNT.—The minimum amount of an award under 
the Major Research Instrumentation program shall be $100,000. 
The maximum amount of an award under the program shall be 
$4,000,000 except if the total amount appropriated for the program 
for a fiscal year exceeds $125,000,000, in which case the maximum 
amount of an award shall be $6,000,000. 
(b) USE
OF
FUNDS.—In addition to the acquisition of 
instrumentation and equipment, funds made available by awards 
under the Major Research Instrumentation program may be used 
to support the operations and maintenance of such instrumentation 
and equipment. 
(c) COST SHARING.— 
(1) IN
GENERAL.—An institution of higher education 
receiving an award under the Major Research Instrumentation 
program shall provide at least 30 percent of the cost from 
private or non-Federal sources. 
(2) EXCEPTIONS.—Institutions of higher education that are 
not Ph.D.-granting institutions are exempt from the cost 
sharing requirement in paragraph (1), and the Director may 
reduce or waive the cost sharing requirement for— 
(A) institutions— 
(i) that are not ranked among the top 100 institu-
tions receiving Federal research and development 
funding, as documented by the statistical data pub-
lished by the Foundation; and 
(ii) for which the proposed project will make a 
substantial improvement in the institution’s capabili-
ties to conduct leading edge research, to provide 
research experiences for undergraduate students using 
leading edge facilities, and to broaden the participation 
in science and engineering research by individuals 
identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C. 1885a 
or 1885b); and 
(B) consortia of institutions of higher education that 
include at least one institution that is not a Ph.D.-granting 
institution. 
SEC. 7037. LIMIT ON PROPOSALS. 
(a) POLICY.—For programs supported by the Foundation that 
require as part of the selection process for awards the submission 
of preproposals and that also limit the number of preproposals 
42 USC 
1862o–15. 
42 USC 
1862o–14. 
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121 STAT. 715 
PUBLIC LAW 110–69—AUG. 9, 2007 
that may be submitted by an institution, the Director shall allow 
the subsequent submission of a full proposal based on each 
preproposal that is determined to have merit following the Founda-
tion’s merit review process. 
(b) REVIEW AND ASSESSMENT OF POLICIES.—The Board shall 
review and assess the effects on institutions of higher education 
of the policies of the Foundation regarding the imposition of limita-
tions on the number of proposals that may be submitted by a 
single institution for programs supported by the Foundation. The 
Board shall determine whether current policies are well justified 
and appropriate for the types of programs that limit the number 
of proposal submissions. Not later than 1 year after the date of 
enactment of this Act, the Board shall summarize the Board’s 
findings and any recommendations regarding changes to the current 
policy on the restriction of proposal submissions in a report to 
the Committee on Science and Technology of the House of Rep-
resentatives and to the Committee on Commerce, Science, and 
Transportation and the Committee on Health, Education, Labor, 
and Pensions of the Senate. 
TITLE VIII—GENERAL PROVISIONS 
SEC. 8001. COLLECTION OF DATA RELATING TO TRADE IN SERVICES. 
(a) REPORT.—Not later than January 31, 2008, the Secretary 
of Commerce, acting through the Director of the Bureau of Economic 
Analysis, shall report to Congress on the feasibility, annual cost, 
and potential benefits of a program to collect and study data relating 
to export and import of services. 
(b) PROGRAM.—The proposed program to be studied under sub-
section (a) shall include requirements that the Secretary annually— 
(1) provide data collection and analysis relating to export 
and import of services; 
(2) collect and analyze data for service imports and exports 
in not less than 40 service industry categories, on a State- 
by-State basis; 
(3) collect data on, and analyze, the employment effects 
of exports and imports on the service industry; and 
(4) integrate ongoing and planned data collection and anal-
ysis initiatives in research and development and innovation. 
SEC. 8002. SENSE OF THE SENATE REGARDING SMALL BUSINESS 
GROWTH AND CAPITAL MARKETS. 
(a) FINDINGS.—Congress finds that— 
(1) the United States has the most fair, most transparent, 
and most efficient capital markets in the world, in part due 
to its strong securities statutory and regulatory scheme; 
(2) it is of paramount importance for the continued growth 
of the economy of the Nation, that our capital markets retain 
their leading position in the world; 
(3) small businesses are vital participants in United States 
capital markets, and play a critical role in future economic 
growth and high-wage job creation; 
(4) section 404 of the Sarbanes-Oxley Act of 2002 has 
greatly enhanced the quality of corporate governance and finan-
cial reporting for public companies and increased investor con-
fidence; 
Deadline. 
Reports. 
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121 STAT. 716 
PUBLIC LAW 110–69—AUG. 9, 2007 
(5) the Securities and Exchange Commission (referred to 
in this section as the ‘‘Commission’’) and the Public Company 
Accounting Oversight Board (referred to in this section as the 
‘‘PCAOB’’) have both determined that the current auditing 
standard implementing section 404 of the Sarbanes-Oxley Act 
of 2002 has imposed unnecessary and unintended cost burdens 
on small and mid-sized public companies; 
(6) the Commission and the PCAOB are now near comple-
tion of a 2-year process intended to revise the auditing standard 
in order to provide more efficient and effective regulation; and 
(7) the Chairman of the Commission recently has said, 
with respect to section 404 of the Sarbanes-Oxley Act of 2002, 
that, ‘‘We don’t need to change the law, we need to change 
the way the law is implemented. It is the implementation 
of the law that has caused the excessive burden, not the law 
itself. That’s an important distinction. I don’t believe these 
important investor protections, which are even now only a 
few years old, should be opened up for amendment, or that 
they need to be.’’. 
(b) SENSE OF THE SENATE.—It is the sense of the Senate that 
the Commission and the PCAOB should complete promulgation 
of the final rules implementing section 404 of the Sarbanes-Oxley 
Act of 2002 (15 U.S.C. 7262). 
SEC. 8003. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF 
ACTIVITIES, GRANTS, AND PROGRAMS. 
Not later than 3 years after the date of enactment of this 
Act, the Comptroller General of the United States shall submit 
a report to Congress that— 
(1) assesses and evaluates the effectiveness of a representa-
tive sample of the new or expanded programs and activities 
(including programs and activities carried out under grants) 
required to be carried out under this Act; and 
(2) includes such recommendations as the Comptroller Gen-
eral determines are appropriate to ensure effectiveness of, or 
improvements to, the programs and activities, including termi-
nation of programs or activities. 
SEC. 8004. SENSE OF THE SENATE REGARDING ANTI-COMPETITIVE TAX 
POLICY. 
It is the sense of the Senate that Federal funds should not 
be provided to any organization or entity that advocates against 
a United States tax policy that is internationally competitive. 
SEC. 8005. STUDY OF THE PROVISION OF ONLINE DEGREE PROGRAMS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary of Education shall enter into 
an arrangement with the National Academy of Sciences to conduct 
a study and provide a report to the Secretary, the Secretary of 
Commerce, and Congress. The study shall consider the mechanisms 
and supports needed for an institution of higher education (as 
defined in section 7001) or nonprofit organization to develop and 
maintain a program to provide free access to online educational 
content as part of a degree program, especially in science, tech-
nology, engineering, mathematics, or foreign languages, without 
using Federal funds, including funds provided under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) The 
study shall consider whether such a program could be developed 
Deadline. 
Contracts. 
Reports. 
Deadline. 
Reports. 
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121 STAT. 717 
PUBLIC LAW 110–69—AUG. 9, 2007 
and managed by such institution of higher education or nonprofit 
organization and sustained through private funding. The study 
shall examine how such program can— 
(1) build on existing online programs, including making 
use of existing online courses; 
(2) modify or expand traditional course content for online 
educational content; 
(3) develop original course content for online courses and 
degree programs; 
(4) provide necessary laboratory experience for science, 
technology, and engineering courses; 
(5) be accepted for full credit by other institutions of higher 
education; and 
(6) provide credentials that would be recognized by 
employers, enabling program participants to attain employ-
ment. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2008. 
SEC. 8006. SENSE OF THE SENATE REGARDING DEEMED EXPORTS. 
It is the sense of the Senate that— 
(1) the policies of the United States Government relating 
to deemed exports should safeguard the national security of 
the United States and protect fundamental research; 
(2) the Department of Commerce has established the 
Deemed Export Advisory Committee to develop recommenda-
tions for improving current controls on deemed exports; and 
(3) the President and Congress should consider the rec-
ommendations of the Deemed Export Advisory Committee in 
the development and implementation of export control policies. 
SEC. 8007. SENSE OF THE SENATE REGARDING CAPITAL MARKETS. 
It is the sense of the Senate that— 
(1) Congress, the President, regulators, industry leaders, 
and other stakeholders should take the necessary steps to 
reclaim the preeminent position of the United States in the 
global financial services marketplace; 
(2) the Federal and State financial regulatory agencies 
should, to the maximum extent possible— 
(A) coordinate activities on significant policy matters, 
so as not to impose regulations that may have adverse 
unintended consequences on innovativeness with respect 
to financial products, instruments, and services, or that 
impose regulatory costs that are disproportionate to their 
benefits; and 
(B) at the same time, ensure that the regulatory frame-
work overseeing the United States capital markets con-
tinues to promote and protect the interests of investors 
in those markets; and 
(3) given the complexity of the financial services market-
place, Congress should exercise vigorous oversight over Federal 
regulatory and statutory requirements affecting the financial 
services industry and consumers, with the goal of eliminating 
excessive regulation and problematic implementation of existing 
laws and regulations, while ensuring that necessary investor 
protections are not compromised. 
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121 STAT. 718 
PUBLIC LAW 110–69—AUG. 9, 2007 
LEGISLATIVE HISTORY—H.R. 2272 (S. 761): 
HOUSE REPORTS: No. 110–289 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 
May 21, considered and passed House. 
July 19, considered and passed Senate, amended. 
Aug. 2, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 
Aug. 9, Presidential statement. 
SEC. 8008. ACCOUNTABILITY AND TRANSPARENCY OF ACTIVITIES 
AUTHORIZED BY THIS ACT. 
(a) PROHIBITED USE OF FUNDS.—A grant or contract funded 
by amounts authorized by this Act may not be used for the purpose 
of defraying the costs of a banquet or conference that is not directly 
and programmatically related to the purpose for which the grant 
or contract was awarded. A directly and programmatically related 
banquet or conference includes a banquet or conference held in 
connection with planning, training, assessment, review, or other 
routine purposes related to a project funded by the grant or contract. 
Records of the total costs related to, and justifications for, all 
banquets and conferences shall be reported to the appropriate 
Department, Administration, or Foundation. Not later than 60 days 
after receipt of such records, the appropriate Department, Adminis-
tration, or Foundation shall make the records available to the 
public. 
(b) CONFLICT OF INTEREST STATEMENT.—Any person awarded 
a grant or contract funded by amounts authorized by this Act 
shall submit a statement to the Secretary of Commerce, the Sec-
retary of Energy, the Secretary of Education, the Administrator, 
or the Director, as appropriate, certifying that no funds derived 
from the grant or contract will be made available through a sub-
contract or in any other manner to another person who has a 
financial interest or other conflict of interest in the person awarded 
the grant or contract, unless such conflict is previously disclosed 
and approved in the process of entering into a contract or awarding 
a grant. Not later than 60 days after receipt of the certification, 
the appropriate Secretary, Administrator, or Director shall make 
all documents received that relate to the certification available 
to the public. 
(c) APPLICATION TO FEDERAL GRANTS AND CONTRACTS.—Sub-
sections (a) and (b) shall take effect 360 days after the date of 
enactment of this Act. 
(d) EXCEPTION.—Subsections (a) and (b) shall not apply to 
grants or contracts authorized under sections 6201 and 6203. 
Approved August 9, 2007. 
Effective date. 
Deadline. 
Public 
information. 
Certification. 
Deadline. 
Public 
information. 
Records. 
20 USC 9801 
note. 
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