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America COMPETES Act
(P.L. 110-69)
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Attachment 14a: America COMPETES Act (P.L. 110-69)
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America COMPETES Act
[Public Law 110–69]
[As Amended Through P.L. 117–167, Enacted August 9, 2022]
øCurrency: This publication is a compilation of the text of Public Law 110–69. It
was last amended by the public law listed in the As Amended Through note above
and below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
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. ø20 U.S.C. 9801 nt¿ SHORT TITLE.
This Act may be cited as the ‘‘America COMPETES Act’’ or the
‘‘America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act’’.
SEC. 2. TABLE OF CONTENTS
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENTWIDE SCIENCE
Sec. 1001. National Science and Technology Summit.
Sec. 1002. Study on barriers to innovation.
Sec. 1003. National Technology and Innovation Medal.
Sec. 1004. Semiannual Science, Technology, Engineering, and Mathematics Days.
Sec. 1005. Study of service science.
Sec. 1006. President’s Council on Innovation and Competitiveness.
Sec. 1007. National coordination of research infrastructure.
Sec. 1008. Sense of Congress on innovation acceleration research.
Sec. 1009. Release of scientific research results.
Sec.
Sec.
Sec.
Sec.
Sec.
TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2001. NASA’s contribution to innovation.
2002. Aeronautics.
2003. Basic research enhancement. 1
2004. Aging workforce issues program.
2005. Sense of Congress regarding NASA’s undergraduate student research
program.
1 Section
2003 was repealed by section 6 of Public Law 111-314 and there was no conforming
amendment to the item relating to such section in the table of contents.
1
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Sec. 2
America COMPETES Act
2
Sec. 2006. Use of International Space Station National Laboratory to support math
and science education and competitiveness.
TITLE III—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Amendments to the Stevenson-Wydler Technology Innovation Act of
1980.
Sec. 3003. Manufacturing Extension Partnership.
Sec. 3004. Institute-wide planning report.
Sec. 3005. Report by Visiting Committee.
Sec. 3006. Meetings of Visiting Committee on Advanced Technology.
Sec. 3007. Collaborative manufacturing research pilot grants.
Sec. 3008. Manufacturing Fellowship Program.
Sec. 3009. Procurement of temporary and intermittent services.
Sec. 3010. Malcolm Baldrige awards.
Sec. 3011. Report on National Institute of Standards and Technology efforts to recruit and retain early career science and engineering researchers.
Sec. 3012. Technology Innovation Program.
Sec. 3013. Technical amendments to the National Institute of Standards and Technology Act and other technical amendments.
Sec. 3014. Retention of depreciation surcharge.
Sec. 3015. Post-doctoral fellows.
TITLE IV—OCEAN AND ATMOSPHERIC PROGRAMS
Sec. 4001. Ocean and atmospheric Research and development Program.
Sec. 4002. NOAA ocean and atmospheric Science education Programs.
Sec. 4003. NOAA’s contribution to innovation.
TITLE V—DEPARTMENT OF ENERGY
Sec. 5001. Short title.
Sec. 5002. Definitions.
Sec. 5003. Science, engineering, and mathematics education at the Department of
Energy.
Sec. 5004. Nuclear science talent expansion program for institutions of higher education.
Sec. 5005. Hydrocarbon systems science talent expansion program for institutions
of higher education.
Sec. 5006. Department of Energy early career awards for science. engineering, and
mathematics researchers.
Sec. 5007. Authorization of appropriations for Department of Energy for basic research.
Sec. 5008. Discovery science and engineering innovation institutes.
Sec. 5009. Protecting America’s Competitive Edge (PACE) graduate fellowship program.
Sec. 5010. Sense of Congress regarding certain recommendations and reviews.
Sec. 5011. Distinguished scientist program.
Sec. 5012. Advanced Research Projects Agency—Energy.
TITLE VI—EDUCATION 2
Sec. 6001. Findings.
Sec. 6002. Definitions.
Subtitle A—Teacher Assistance
PART I—TEACHERS FOR A COMPETITIVE TOMORROW
øSections 6111-6116 were repealed by section 205(b) of Public Law 114-329.¿
PART II—ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS
Sec. 6121. Purpose.
Sec. 6122. Definitions.
Sec. 6123. Advanced Placement and International Baccalaureate Programs.
2 The
items in title VI are so in original. Section 1002 of Public Law 111–358 (124 Stat.
4048) provides for amendments to repeal and redesignate various provisions throughout
title VI that were carried out in the legislative text; however, such Public Law does not
provide for conforming amendments to items relating to those provisions in the table of
contents.
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America COMPETES Act
Sec. 2
PART III—PROMISING PRACTICES IN SCIENCE, TECHNOLOGY, ENGINEERING,
MATHEMATICS TEACHING
Sec. 6131. Promising practices.
AND
Sec.
Sec.
Sec.
Sec.
6201.
6202.
6203.
6204.
Subtitle B—Alignment of Education Programs
Math Now for elementary school and middle school students program.
Summer term education programs.
Math skills for secondary school students.
Peer review of State applications.
Sec.
Sec.
Sec.
Sec.
6301.
6302.
6303.
6304.
Subtitle C—Foreign Language Partnership Program
Findings and purpose.
Definitions.
Program authorized.
Authorization of appropriations.
Subtitle D—Alignment of Education Programs
Sec. 6401. Alignment of secondary school graduation requirements with the demands of 21st century postsecondary endeavors and support for P-16
education data systems.
Subtitle E—Mathematics and Science Partnership Bonus Grants
Sec. 6501. Mathematics and science partnership bonus grants.
Sec. 6502. Authorization of appropriations.
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TITLE VII—NATIONAL SCIENCE FOUNDATION
Sec. 7001. Definitions.
Sec. 7002. Authorization of appropriations.
Sec. 7003. Reaffirmation of the merit-review process of the National Science Foundation.
Sec. 7004. Sense of the Congress regarding the mathematics and science partnership programs of the Department of Education and the National
Science Foundation.
Sec. 7005. Curricula.
Sec. 7006. Centers for research on learning and education improvement.
Sec. 7007. Interdisciplinary research.
Sec. 7008. Postdoctoral research fellows.
Sec. 7009. Responsible conduct of research.
Sec. 7010. Reporting of research results.
Sec. 7011. Sharing research results.
Sec. 7012. Funding for successful science, technology, engineering, and mathematics education programs.
Sec. 7013. Cost sharing.
Sec. 7014. Additional reports.
Sec. 7015. Administrative amendments.
Sec. 7016. National Science Board reports.
Sec. 7017. Program Fraud Civil Remedies Act of 1986 amendment.
Sec. 7018. Meeting critical national science needs.
Sec. 7019. Research on innovation and inventiveness.
Sec. 7020. Cyberinfrastructure.
Sec. 7021. Pilot program of grants for new investigators.
Sec. 7022. Broader impacts merit review criterion.
Sec. 7023. Donations.
Sec. 7024. High-performance computing and networking.
Sec. 7025. Science, technology, engineering, and mathematics talent expansion program.
Sec. 7026. Laboratory science pilot program.
Sec. 7027. Study on laboratory equipment donations for schools.
Sec. 7028. Mathematics and Science Education Partnerships amendments.
Sec. 7029. National Science Foundation teacher institutes for the 21st century.
Sec. 7030. Robert Noyce Teacher Scholarship Program.
Sec. 7031. Encouraging participation.
Sec. 7032. National Academy of Sciences report on diversity in science, technology,
engineering, and mathematics fields.
Sec. 7033. Hispanic-serving institutions undergraduate program.
Sec. 7034. Professional science master’s degree programs.
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Sec. 1001
America COMPETES Act
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Sec. 7035. Sense of Congress on communications training for scientists.
Sec. 7036. Major research instrumentation.
Sec. 7037. Limit on proposals.
TITLE VIII—GENERAL PROVISIONS
Sec. 8001. Collection of data relating to trade in services.
Sec. 8002. Sense of the Senate regarding small business growth and capital markets.
Sec. 8003. Government Accountability Office review of activities, grants, and programs.
Sec. 8004. Sense of the Senate regarding anti-competitive tax policy.
Sec. 8005. Study of the provision of online degree programs.
Sec. 8006. Sense of the Senate regarding deemed exports.
Sec. 8007. Sense of the Senate regarding capital markets.
Sec. 8008. Accountability and transparency of activities authorized by this Act.
TITLE I—OFFICE OF SCIENCE AND
TECHNOLOGY POLICY; GOVERNMENTWIDE SCIENCE
SEC. 1001. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.
(a) IN GENERAL.—Not later than 180 days after the date
of the
enactment of this Act, the President shall convene a National
Science and Technology Summit to examine the health and direction of the United States’ science, technology, engineering, and
mathematics enterprises. The Summit shall include representatives
of industry, small business, labor, academia, State government,
Federal research and development agencies, non-profit environmental and energy policy groups concerned with science and technology issues, and other nongovernmental organizations, including
representatives of science, technology, and engineering organizations and associations that represent individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities
Act (42 U.S.C. 1885a or 1885b).
(b) REPORT.—Not later than 90 days after the date of the conclusion of the Summit, the President shall submit to Congress a report on the results of the Summit. The report shall identify key research and technology challenges and recommendations, including
recommendations to increase the representation of individuals
identified in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b) in science, engineering, and technology enterprises, for areas of investment for Federal
research and technology programs to be carried out during the 5year period beginning on the date the report is issued.
(c) ANNUAL EVALUATION.—Beginning with the President’s
budget submission for the fiscal year following the conclusion of the
National Science and Technology Summit and for each of the following 4 budget submissions, the Analytical Perspectives component of the budget document that describes the Research and Development budget priorities shall include a description of how those
priorities relate to the conclusions and recommendations of the
Summit contained in the report required under subsection (b).
SEC. 1002. STUDY ON BARRIERS TO INNOVATION.
(a) IN GENERAL.—Not later than 90 days after
the date of the
enactment of this Act, the Director of the Office of Science and
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Sec. 1002
Technology Policy shall enter into a contract with the National
Academy of Sciences to conduct and complete a study to identify,
and to review methods to mitigate, new forms of risk for businesses
beyond conventional operational and financial risk that affect the
ability to innovate, including studying and reviewing—
(1) incentive and compensation structures that could effectively encourage long-term value creation and innovation;
(2) methods of voluntary and supplemental disclosure by
industry of intellectual capital, innovation performance, and indicators of future valuation;
(3) means by which government could work with industry
to enhance the legal and regulatory framework to encourage
the disclosures described in paragraph (2);
(4) practices that may be significant deterrents to United
States businesses engaging in innovation risk-taking compared
to foreign competitors;
(5) costs faced by United States businesses engaging in innovation compared to foreign competitors, including the burden
placed on businesses by high and rising health care costs;
(6) means by which industry, trade associations, and universities could collaborate to support research on management
practices and methodologies for assessing the value and risks
of longer term innovation strategies;
(7) means to encourage new, open, and collaborative dialogue between industry associations, regulatory authorities,
management, shareholders, labor, and other concerned interests to encourage appropriate approaches to innovation risktaking;
(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—
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Sec. 1003
America COMPETES Act
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(i) students successfully completing postsecondary
education programs, identified by ethnicity, race, and
gender; and
(ii) certificates, associate degrees, and baccalaureate degrees awarded in the fields of science, technology, engineering, and mathematics, identified by
ethnicity, race, and gender; and
(D) access to, and availability of, high quality job
training programs.
(b) REPORT REQUIRED.—Not later than 1 year after entering
into the contract required by subsection (a) and 4 years after entering into such contract, the National Academy of Sciences shall submit to Congress a report on the study conducted under such subsection.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Office of Science and Technology Policy
$1,000,000 for fiscal year 2008 for the purpose of carrying out the
study required under this section.
SEC. 1003. NATIONAL TECHNOLOGY AND INNOVATION MEDAL.
Section 16 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3711) is amended—
(1) in the section heading, by striking ‘‘national medal’’
and inserting ‘‘national technology and innovation
medal’’; and
(2) in subsection (a), by striking ‘‘Technology Medal’’ and
inserting ‘‘Technology and Innovation Medal’’.
SEC. 1004. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS DAYS.
It is the sense of Congress that the Director of the Office of
Science and Technology Policy should—
(1) encourage all elementary and middle schools to observe
a Science, Technology, Engineering, and Mathematics Day
twice in every school year for the purpose of bringing in
science, technology, engineering, and mathematics mentors to
provide hands-on lessons to excite and inspire students to pursue the science, technology, engineering, and mathematics
fields (including continuing education and career paths);
(2) initiate a program, in consultation with Federal agencies and departments, to provide support systems, tools (from
existing outreach offices), and mechanisms to allow and encourage Federal employees with scientific, technological, engineering, or mathematical responsibilities to reach out to local
classrooms on such Science, Technology, Engineering, and
Mathematics Days to instruct and inspire school children, focusing on real life science, technology, engineering, and mathematics-related applicable experiences along with hands-on
demonstrations in order to demonstrate the advantages and direct applications of studying the science, technology, engineering, and mathematics fields; and
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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 enterprises and institutions and to prepare the people of the United
States for high-wage, high-skill employment, the Federal Government should better understand and respond strategically to the
emerging management and learning discipline known as service
science.
(b) STUDY.—Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall, through the National Academy of Sciences, conduct a study and report to Congress on how the Federal Government should support, through research, education, and training,
the emerging management and learning discipline known as service science.
(c) OUTSIDE RESOURCES.—In conducting the study under subsection (b), the National Academy of Sciences shall consult with
leaders from 2- and 4-year institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), leaders from corporations, and other relevant parties.
(d) SERVICE SCIENCE DEFINED.—In this section, the term ‘‘service science’’ means curricula, training, and research programs that
are designed to teach individuals to apply scientific, engineering,
and management disciplines that integrate elements of computer
science, operations research, industrial engineering, business strategy, management sciences, and social and legal sciences, in order
to encourage innovation in how organizations create value for customers and shareholders that could not be achieved through such
disciplines working in isolation.
SEC. 1006. ø15 U.S.C. 3718¿ PRESIDENT’S COUNCIL ON INNOVATION
AND COMPETITIVENESS.
(a) IN GENERAL.—The President shall establish a President’s
Council on Innovation and Competitiveness.
(b) DUTIES.—The duties of the Council shall include—
(1) monitoring implementation of public laws and initiatives for promoting innovation, including policies related to research funding, taxation, immigration, trade, and education
that are proposed in this Act or in any other Act;
(2) providing advice to the President with respect to global
trends in competitiveness and innovation and allocation of Federal resources in education, job training, and technology research and development considering such global trends in competitiveness and innovation;
(3) in consultation with the Director of the Office of Management and Budget, developing a process for using metrics to
assess the impact of existing and proposed policies and rules
that affect innovation capabilities in the United States;
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(4) identifying opportunities and making recommendations
for the heads of executive agencies to improve innovation, monitoring, and reporting on the implementation of such recommendations;
(5) developing metrics for measuring the progress of the
Federal Government with respect to improving conditions for
innovation, including through talent development, investment,
and infrastructure improvements; and
(6) submitting to the President and Congress an annual report on such progress.
(c) MEMBERSHIP AND COORDINATION.—
(1) MEMBERSHIP.—The Council shall be composed of the
Secretary or head of each of the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Education.
(D) The Department of Energy.
(E) The Department of Health and Human Services.
(F) The Department of Homeland Security.
(G) The Department of Labor.
(H) The Department of the Treasury.
(I) The National Aeronautics and Space Administration.
(J) The Securities and Exchange Commission.
(K) The National Science Foundation.
(L) The Office of the United States Trade Representative.
(M) The Office of Management and Budget.
(N) The Office of Science and Technology Policy.
(O) The Environmental Protection Agency.
(P) The Small Business Administration.
(Q) Any other department or agency designated by the
President.
(2) CHAIRPERSON.—The Secretary of Commerce shall serve
as Chairperson of the Council.
(3) COORDINATION.—The Chairperson of the Council shall
ensure appropriate coordination between the Council and the
National Economic Council, the National Security Council, and
the National Science and Technology Council.
(4) MEETINGS.—The Council shall meet on a semi-annual
basis at the call of the Chairperson and the initial meeting of
the Council shall occur not later than 6 months after the date
of the enactment of this Act.
(d) DEVELOPMENT OF INNOVATION AGENDA.—
(1) IN GENERAL.—The Council shall develop a comprehensive agenda for strengthening the innovation and competitiveness capabilities of the Federal Government, State governments, academia, and the private sector in the United States.
(2) CONTENTS.—The comprehensive agenda required by
paragraph (1) shall include the following:
(A) An assessment of current strengths and weaknesses of the United States investment in research and development.
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America COMPETES Act
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(B) Recommendations for addressing weaknesses and
maintaining the United States as a world leader in research and development and technological innovation, including strategies for increasing the participation of individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b) in science, technology, engineering, and mathematics fields.
(C) Recommendations for strengthening the innovation
and competitiveness capabilities of the Federal Government, State governments, academia, and the private sector
in the United States.
(3) ADVISORS.—
(A) RECOMMENDATION.—Not later than 30 days after
the date of the enactment of this Act, the National Academy of Sciences, in consultation with the National Academy of Engineering, the Institute of Medicine, and the National Research Council, shall develop and submit to the
President a list of 50 individuals that are recommended to
serve as advisors to the Council during the development of
the comprehensive agenda required by paragraph (1). The
list of advisors shall include appropriate representatives
from the following:
(i) The private sector of the economy.
(ii) Labor.
(iii) Various fields including information technology, energy, engineering, high-technology manufacturing, health care, and education.
(iv) Scientific organizations.
(v) Academic organizations and other nongovernmental organizations working in the area of science or
technology.
(vi) Nongovernmental organizations, such as professional organizations, that represent individuals
identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b) in the areas of science, engineering, technology,
and mathematics.
(B) DESIGNATION.—Not later than 30 days after the
date that the National Academy of Sciences submits the
list of recommended individuals to serve as advisors, the
President shall designate 50 individuals to serve as advisors to the Council.
(C) REQUIREMENT TO CONSULT.—The Council shall develop the comprehensive agenda required by paragraph (1)
in consultation with the advisors.
(4) INITIAL SUBMISSION AND UPDATES.—
(A) INITIAL SUBMISSION.—Not later than 1 year after
the date of the enactment of this Act, the Council shall
submit to Congress and the President the comprehensive
agenda required by paragraph (1).
(B) UPDATES.—At least once every 2 years, the Council
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Sec. 1007
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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. ø42 U.S.C. 6619¿ NATIONAL COORDINATION OF RESEARCH
INFRASTRUCTURE.
(a) IDENTIFICATION AND PRIORITIZATION OF DEFICIENCIES IN
FEDERAL RESEARCH FACILITIES.—Each year the Director of the Of-
fice of Science and Technology Policy shall, through the National
Science and Technology Council, identify and prioritize the deficiencies in research facilities and major instrumentation located at
Federal laboratories and national user facilities at academic institutions that are widely accessible for use by researchers in the
United States. In prioritizing such deficiencies, the Director shall
consider research needs in areas relevant to the specific mission requirements of Federal agencies.
(b) PLANNING FOR ACQUISITION, REFURBISHMENT, AND MAINTENANCE OF RESEARCH FACILITIES AND MAJOR INSTRUMENTATION.—
The Director shall, through the National Science and Technology
Council, coordinate the planning by Federal agencies for the acquisition, refurbishment, and maintenance of research facilities and
major instrumentation to address the deficiencies identified under
subsection (a).
(c) REPORT.—The Director shall submit to Congress each year,
together with documents submitted to Congress in support of the
budget of the President for the fiscal year beginning in such year
(as submitted pursuant to section 1105 of title 31, United States
Code), a report, current as of the fiscal year ending in the year before such report is submitted, setting forth the following:
(1) A description of the deficiencies in research infrastructure identified in accordance with subsection (a).
(2) A list of projects and budget proposals of Federal research facilities, set forth by agency, for major instrumentation
acquisitions that are included in the budget proposal of the
President.
(3) An explanation of how the projects and instrumentation acquisitions described in paragraph (2) relate to the deficiencies and priorities identified pursuant to subsection (a).
SEC. 1008. ø42 U.S.C. 6603¿ 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 Executive agency that funds research in science, technology, engineering,
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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) 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. ø42 U.S.C. 6620¿ RELEASE OF SCIENTIFIC RESEARCH RESULTS.
(a) PRINCIPLES.—Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy, in consultation with the Director of the Office of
Management and Budget and the heads of all Federal civilian
agencies that conduct scientific research, shall develop and issue an
overarching set of principles to ensure the communication and open
exchange of data and results to other agencies, policymakers, and
the public of research conducted by a scientist employed by a Federal civilian agency and to prevent the intentional or unintentional
suppression or distortion of such research findings. The principles
shall encourage the open exchange of data and results of research
undertaken by a scientist employed by such an agency and shall
be consistent with existing Federal laws, including chapter 18 of
title 35, United States Code (commonly known as the ‘‘Bayh-Dole
Act’’). The principles shall also take into consideration the policies
of peer-reviewed scientific journals in which Federal scientists may
currently publish results.
(b) IMPLEMENTATION.—Not later than 180 days after the date
of the enactment of this Act, the Director of the Office of Science
and Technology Policy shall ensure that all civilian Federal agencies that conduct scientific research develop specific policies and
procedures regarding the public release of data and results of research conducted by a scientist employed by such an agency consistent with the principles established under subsection (a). Such
polices and procedures shall—
(1) specifically address what is and what is not permitted
or recommended under such policies and procedures;
(2) be specifically designed for each such agency;
(3) be applied uniformly throughout each such agency; and
(4) be widely communicated and readily accessible to all
employees of each such agency and the public.
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TITLE II—NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION
SEC. 2001. 3 NASA’S CONTRIBUTION TO INNOVATION.
(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.
(f) ASSESSMENT PLAN.—Not later than 1 year after the date of
the enactment of this Act, the Administrator shall submit to Congress a report on its plan for instituting assessments of the effectiveness of the National Aeronautics and Space Administration’s
science, technology, engineering, and mathematics education programs in improving student achievement, including with regard to
challenging State achievement standards.
SEC. 2002. AERONAUTICS.
(a) SENSE OF CONGRESS.—It
is the sense of Congress that the
aeronautics research and development program of the National
Aeronautics and Space Administration has been an important contributor to innovation and to the competitiveness of the United
States and the National Aeronautics and Space Administration
should maintain its capabilities to advance the state of aeronautics.
øSection 2003 was repealed by section 6 of Public Law 111314.¿
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;
(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
3 Subsections (a), (b), (c), and (e) of section 2001 of Public Law 110-69 were repealed and reenacted as subsections (a), (b), (c), and (d), respectively, of section 20303 of Title 51 by section 3
and 6 of Public Law 111–314, which Act enacted Title 51.
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new employees prior to their separation from the National
Aeronautics and Space Administration;
(2) provides incentives for retirees to return and teach new
employees about their career lessons and experiences; and
(3) provides for the development of an award to recognize
and reward outstanding senior employees for their contributions to knowledge sharing.
SEC.
2005.
SENSE OF CONGRESS REGARDING NASA’S
GRADUATE STUDENT RESEARCH PROGRAM.
UNDER-
It is the sense of Congress that in order to generate interest
in careers in science, technology, engineering, and mathematics
and to help train the next generation of space and aeronautical scientists, technologists, engineers, and mathematicians the Administrator of the National Aeronautics and Space Administration
should utilize the existing Undergraduate Student Research Program of the National Aeronautics and Space Administration to support basic research projects on subjects of relevance to the National
Aeronautics and Space Administration that—
(1) are to be carried out primarily by undergraduate students; and
(2) combine undergraduate research with other research
supported by the National Aeronautics and Space Administration.
SEC. 2006. ø51 U.S.C. 70901 nt¿ USE OF INTERNATIONAL SPACE STATION
NATIONAL LABORATORY TO SUPPORT MATH AND
SCIENCE EDUCATION AND COMPETITIVENESS.
(a) SENSE OF CONGRESS.—It is the sense of Congress that the
International Space Station National Laboratory offers unique opportunities for educational activities and provides a unique resource for research and development in science, technology, and engineering, which can enhance the global competitiveness of the
United States.
(b) DEVELOPMENT OF EDUCATIONAL PROJECTS.—The Administrator of the National Aeronautics and Space Administration shall
develop a detailed plan for implementation of 1 or more education
projects that utilize the resources offered by the International
Space Station. In developing any detailed plan according to this
paragraph, the Administrator shall make use of the findings and
recommendations of the International Space Station National Laboratory Education Concept Development Task Force.
(c) DEVELOPMENT OF RESEARCH PLANS FOR COMPETITIVENESS
ENHANCEMENT.—The Administrator shall develop a detailed plan
for identification and support of research to be conducted aboard
the International Space Station, which offers the potential for enhancement of United States competitiveness in science, technology,
and engineering. In developing any detailed plan pursuant to this
subsection, the Administrator shall consult with agencies and entities with which cooperative agreements have been reached regarding utilization of International Space Station National Laboratory
facilities.
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TITLE III—NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES.—
(1) LABORATORY ACTIVITIES.—There are authorized to
be
appropriated to the Secretary of Commerce for the scientific
and technical research and services laboratory activities of the
National Institute of Standards and Technology—
(A) $502,100,000 for fiscal year 2008;
(B) $541,900,000 for fiscal year 2009; and
(C) $584,800,000 for fiscal year 2010.
(2) CONSTRUCTION AND MAINTENANCE.—There are authorized to be appropriated to the Secretary of Commerce for construction and maintenance of facilities of the National Institute
of Standards and Technology—
(A) $150,900,000 for fiscal year 2008;
(B) $86,400,000 for fiscal year 2009; and
(C) $49,700,000 for fiscal year 2010.
(b) INDUSTRIAL TECHNOLOGY SERVICES.—There are authorized
to be appropriated to the Secretary of Commerce for Industrial
Technology Services activities of the National Institute of Standards and Technology—
(1) $210,000,000 for fiscal year 2008, of which—
(A) $100,000,000 shall be for the Technology Innovation Program under section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n), of which
at least $40,000,000 shall be for new awards; and
(B) $110,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278k and 278l), of which not more than
$1,000,000 shall be for the competitive grant program
under section 25(f) of such Act;
(2) $253,500,000 for fiscal year 2009, of which—
(A) $131,500,000 shall be for the Technology Innovation Program under section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n), of which
at least $40,000,000 shall be for new awards; and
(B) $122,000,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278k and 278l), of which not more than
$4,000,000 shall be for the competitive grant program
under section 25(f) of such Act; and
(3) $272,300,000 for fiscal year 2010, of which—
(A) $140,500,000 shall be for the Technology Innovation Program under section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n), of which
at least $40,000,000 shall be for new awards; and
(B) $131,800,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of
the National Institute of Standards and Technology Act
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(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.
SEC. 3002. AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY
INNOVATION ACT OF 1980.
(a) IN GENERAL.—Section 5 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3704) is amended—
(1) by striking subsections (a) through (e);
(2) by redesignating subsection (f) as subsection (a);
(3) in subsection (a), as redesignated by paragraph (2)—
(A) in paragraph (1), by striking ‘‘The Secretary, acting through the Under Secretary, shall establish for fiscal
year 1999’’ and inserting ‘‘Beginning in fiscal year 1999,
the Secretary shall establish’’;
(B) by striking ‘‘, acting through the Under Secretary,’’
each place it appears;
(C) by redesignating paragraph (6) as subsection (b);
(D) by striking paragraph (7); and
(E) in the subsection heading, by striking ‘‘Experimental Program to Stimulate Competitive Technology’’ and inserting ‘‘Program Establishment’’;
(4) in subsection (b), as redesignated by paragraph (3)(C),
by striking ‘‘this subsection’’ and inserting ‘‘subsection (a)’’; and
(5) in the section heading by striking ‘‘commerce and
technological innovation’’ and inserting ‘‘experimental
program to stimulate competitive technology’’.
(b) ø15 U.S.C. 3704 nt¿ CONSTRUCTION.—The amendments
made by subsection (a) shall not be construed to eliminate the National Institute of Standards and Technology or the National Technical Information Service.
(c) CONFORMING AMENDMENTS.—
(1) TITLE 5, UNITED STATES CODE.—Section 5314 of title 5,
United States Code, is amended by striking ‘‘Under Secretary
of Commerce for Technology.’’.
(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—The National Institute of Standards and Technology
Act (15 U.S.C. 271 et seq.) is amended—
(A) in section 2 of such Act (15 U.S.C. 272)—
(i) in subsection (b), by striking ‘‘and, if appropriate, through other officials,’’; and
(ii) in subsection (c), by striking ‘‘and, if appropriate, through other appropriate officials,’’; and
(B) in section 5 of such Act (15 U.S.C. 274), by striking
‘‘The Director shall have the general’’ and inserting ‘‘The
Director shall report directly to the Secretary and shall
have the general’’.
(3) DEFINITIONS.—Section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703) is amended—
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (2) through (13) as
paragraphs (1) through (11), respectively.
(4) FUNCTIONS OF SECRETARY.—Section 11(g)(1) of such Act
(15 U.S.C. 3710(g)(1)) is amended by striking ‘‘through the
Under Secretary, and’’.
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(5) REPEAL OF AUTHORIZATION.—Section 21(a) of such Act
(15 U.S.C. 3713(a)) is amended—
(A) in paragraph (1), by striking ‘‘sections 5, 11(g), and
16’’ and inserting ‘‘sections 11(g) and 16’’; and
(B) in paragraph (2), by striking ‘‘$500,000 is authorized only for the purpose of carrying out the requirements
of the Japanese technical literature program established
under section 5(d) of this Act;’’.
(6) HIGH-PERFORMANCE COMPUTING ACT OF 1991.—Section
208 of the High-Performance Computing Act of 1991 (15 U.S.C.
5528) is amended by striking subsection (c) and redesignating
subsection (d) as subsection (c).
(7) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section
6(b)(4)(B)(v) of the Assistive Technology Act of 1998 (29 U.S.C.
3005(b)(4)(B)(v)) is amended by striking ‘‘the Technology Administration of the Department of Commerce,’’ and inserting
‘‘the National Institute of Standards and Technology,’’.
SEC. 3003. MANUFACTURING EXTENSION PARTNERSHIP.
(a) CLARIFICATION OF ELIGIBLE CONTRIBUTIONS IN CONNECTION
WITH REGIONAL CENTERS RESPONSIBLE FOR IMPLEMENTING THE
OBJECTIVES OF THE PROGRAM.—Paragraph (3) of section 25(c) of
the National Institute of Standards and Technology Act (15 U.S.C.
278k(c)(3)) is amended to read as follows:
‘‘(3)(A) Any nonprofit institution, or group thereof, or consortia
of nonprofit institutions, including entities existing on August 23,
1988, may submit to the Secretary an application for financial support under this subsection, in accordance with the procedures established by the Secretary and published in the Federal Register
under paragraph (2).
‘‘(B) In order to receive assistance under this section, an
applicant for financial assistance under subparagraph (A) shall
provide adequate assurances that non-Federal assets obtained
from the applicant and the applicant’s partnering organizations will be used as a funding source to meet not less than
50 percent of the costs incurred for the first 3 years and an increasing share for each of the last 3 years. For purposes of the
preceding sentence, the costs incurred means the costs incurred in connection with the activities undertaken to improve
the management, productivity, and technological performance
of small- and medium-sized manufacturing companies.
‘‘(C) In meeting the 50 percent requirement, it is anticipated that a Center will enter into agreements with other entities such as private industry, universities, and State governments to accomplish programmatic objectives and access new
and existing resources that will further the impact of the Federal investment made on behalf of small- and medium-sized
manufacturing companies. All non-Federal costs, contributed
by such entities and determined by a Center as programmatically reasonable and allocable under MEP program procedures are includable as a portion of the Center’s contribution.
‘‘(D) Each applicant under subparagraph (A) shall also
submit a proposal for the allocation of the legal rights associ-
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ated with any invention which may result from the proposed
Center’s activities.’’.
(b) MANUFACTURING CENTER EVALUATION.—Paragraph (5) of
section 25(c) of the National Institute of Standards and Technology
Act (15 U.S.C. 278k(c)(5)) is amended by inserting ‘‘A Center that
has not received a positive evaluation by the evaluation panel shall
be notified by the panel of the deficiencies in its performance and
shall be placed on probation for one year, after which time the
panel shall reevaluate the Center. If the Center has not addressed
the deficiencies identified by the panel, or shown a significant improvement in its performance, the Director shall conduct a new
competition to select an operator for the Center or may close the
Center.’’ after ‘‘at declining levels.’’.
(c) FEDERAL SHARE.—Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k) is amended by
striking subsection (d) and inserting the following:
‘‘(d) ACCEPTANCE OF FUNDS.—
‘‘(1) IN GENERAL.—In addition to such sums as may be appropriated to the Secretary and Director to operate the Centers
program, the Secretary and Director also may accept funds
from other Federal departments and agencies and under section 2(c)(7) from the private sector for the purpose of strengthening United States manufacturing.
‘‘(2) ALLOCATION OF FUNDS.—
‘‘(A) FUNDS ACCEPTED FROM OTHER FEDERAL DEPARTMENTS OR AGENCIES.—The Director shall determine whether funds accepted from other Federal departments or agencies shall be counted in the calculation of the Federal
share of capital and annual operating and maintenance
costs under subsection (c).
‘‘(B) FUNDS ACCEPTED FROM THE PRIVATE SECTOR.—
Funds accepted from the private sector under section
2(c)(7), if allocated to a Center, shall not be considered in
the calculation of the Federal share under subsection (c) of
this section.’’.
(d) MEP ADVISORY BOARD.—Such section 25 is further amended by adding at the end the following:
‘‘(e) MEP ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—There is established within the Institute a Manufacturing Extension Partnership Advisory Board
(in this subsection referred to as the ‘MEP Advisory Board’).
‘‘(2) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The MEP Advisory Board shall consist of 10 members broadly representative of stakeholders,
to be appointed by the Director. At least 2 members shall
be employed by or on an advisory board for the Centers,
and at least 5 other members shall be from United States
small businesses in the manufacturing sector. No member
shall be an employee of the Federal Government.
‘‘(B) TERM.—Except as provided in subparagraph (C)
or (D), the term of office of each member of the MEP Advisory Board shall be 3 years.
‘‘(C) CLASSES.—The original members of the MEP Advisory Board shall be appointed to 3 classes. One class of
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3 members shall have an initial term of 1 year, one class
of 3 members shall have an initial term of 2 years, and one
class of 4 members shall have an initial term of 3 years.
‘‘(D) VACANCIES.—Any member appointed to fill a vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed for
the remainder of such term.
‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who
has completed two consecutive full terms of service on the
MEP Advisory Board shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term.
‘‘(3) MEETINGS.—The MEP Advisory Board shall meet not
less than 2 times annually, and provide to the Director—
‘‘(A) advice on Manufacturing Extension Partnership
programs, plans, and policies;
‘‘(B) assessments of the soundness of Manufacturing
Extension Partnership plans and strategies; and
‘‘(C) assessments of current performance against Manufacturing Extension Partnership program plans.
‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—In discharging
its duties under this subsection, the MEP Advisory Board shall
function solely in an advisory capacity, in accordance with the
Federal Advisory Committee Act.
‘‘(5) REPORT.—The MEP Advisory Board shall transmit an
annual report to the Secretary for transmittal to Congress
within 30 days after the submission to Congress of the President’s annual budget request in each year. Such report shall
address the status of the program established pursuant to this
section and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and
(d) of section 23.’’.
(e) MANUFACTURING EXTENSION CENTER COMPETITIVE GRANT
PROGRAM.—Such section 25 is further amended by adding at the
end the following:
‘‘(f) COMPETITIVE GRANT PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Director shall establish, within
the Centers program under this section and section 26 of this
Act, a program of competitive awards among participants described in paragraph (2) for the purposes described in paragraph (3).
‘‘(2) PARTICIPANTS.—Participants receiving awards under
this subsection shall be the Centers, or a consortium of such
Centers.
‘‘(3) PURPOSE.—The purpose of the program under this
subsection is to develop projects to solve new or emerging manufacturing problems as determined by the Director, in consultation with the Director of the Centers program, the Manufacturing Extension Partnership Advisory Board, and small
and medium-sized manufacturers. One or more themes for the
competition may be identified, which may vary from year to
year, depending on the needs of manufacturers and the success
of previous competitions. These themes shall be related to
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projects associated with manufacturing extension activities, including supply chain integration and quality management, and
including the transfer of technology based on the technological
needs of manufacturers and available technologies from institutions of higher education, laboratories, and other technology
producing entities, or extend beyond these traditional areas.
‘‘(4) APPLICATIONS.—Applications for awards under this
subsection shall be submitted in such manner, at such time,
and containing such information as the Director shall require,
in consultation with the Manufacturing Extension Partnership
Advisory Board.
‘‘(5) SELECTION.—Awards under this subsection shall be
peer reviewed and competitively awarded. The Director shall
select proposals to receive awards—
‘‘(A) that utilize innovative or collaborative approaches
to solving the problem described in the competition;
‘‘(B) that will improve the competitiveness of industries in the region in which the Center or Centers are located; and
‘‘(C) that will contribute to the long-term economic stability of that region.
‘‘(6) PROGRAM CONTRIBUTION.—Recipients of awards under
this subsection shall not be required to provide a matching
contribution.’’.
SEC. 3004. INSTITUTE-WIDE PLANNING REPORT.
Section 23 of the National Institute of Standards and Technology Act (15 U.S.C. 278i) is amended by adding at the end the
following:
‘‘(c) THREE-YEAR PROGRAMMATIC PLANNING DOCUMENT.—Concurrent with the submission to Congress of the President’s annual
budget request in the first year after the date of enactment of this
subsection, the Director shall submit to Congress a 3-year programmatic planning document for the Institute, including programs under the Scientific and Technical Research and Services,
Industrial Technology Services, and Construction of Research Facilities functions.
‘‘(d) ANNUAL UPDATE ON THREE-YEAR PROGRAMMATIC PLANNING DOCUMENT.—Concurrent with the submission to the Congress
of the President’s annual budget request in each year after the date
of enactment of this subsection, the Director shall submit to Congress an update to the 3-year programmatic planning document
submitted under subsection (c), revised to cover the first 3 fiscal
years after the date of that update.’’.
SEC. 3005. REPORT BY VISITING COMMITTEE.
Section 10(h)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278(h)(1)) is amended—
(1) by striking ‘‘on or before January 31 in each year’’ and
inserting ‘‘not later than 30 days after the submittal to Congress of the President’s annual budget request in each year’’;
and
(2) by adding to the end the following: ‘‘Such report also
shall comment on the programmatic planning document and
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updates thereto submitted to Congress by the Director under
subsections (c) and (d) of section 23.’’.
SEC. 3006. MEETINGS OF VISITING COMMITTEE ON ADVANCED TECHNOLOGY.
Section 10(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278(d)) is amended by striking ‘‘quarterly’’
and inserting ‘‘twice each year’’.
SEC.
3007.
COLLABORATIVE
GRANTS.
MANUFACTURING
RESEARCH
PILOT
The National Institute of Standards and Technology Act is
amended—
(1) by redesignating the first section 32 (15 U.S.C. 271
note) as section 34 and moving it to the end of the Act; and
(2) by inserting before the section moved by paragraph (1)
the following new section:
‘‘SEC.
33.
‘‘(a)
COLLABORATIVE MANUFACTURING RESEARCH PILOT
GRANTS
AUTHORITY.—
‘‘(1) ESTABLISHMENT.—The Director shall establish a pilot
program of awards to partnerships among participants described in paragraph (2) for the purposes described in paragraph (3). Awards shall be made on a peer-reviewed, competitive basis.
‘‘(2) PARTICIPANTS.—Such partnerships shall include at
least—
‘‘(A) 1 manufacturing industry partner; and
‘‘(B) 1 nonindustry partner.
‘‘(3) PURPOSE.—The purpose of the program under this section is to foster cost-shared collaborations among firms, educational institutions, research institutions, State agencies, and
nonprofit organizations to encourage the development of innovative, multidisciplinary manufacturing technologies. Partnerships receiving awards under this section shall conduct applied
research to develop new manufacturing processes, techniques,
or materials that would contribute to improved performance,
productivity, and competitiveness of United States manufacturing, and build lasting alliances among collaborators.
‘‘(b) PROGRAM CONTRIBUTION.—Awards under this section shall
provide for not more than one-third of the costs of a partnership.
Not more than an additional one-third of such costs may be obtained directly or indirectly from other Federal sources.
‘‘(c) APPLICATIONS.—Applications for awards under this section
shall be submitted in such manner, at such time, and containing
such information as the Director shall require. Such applications
shall describe at a minimum—
‘‘(1) how each partner will participate in developing and
carrying out the research agenda of the partnership;
‘‘(2) the research that the grant would fund; and
‘‘(3) how the research to be funded with the award would
contribute to improved performance, productivity, and competitiveness of the United States manufacturing industry.
‘‘(d) SELECTION CRITERIA.—In selecting applications for awards
under this section, the Director shall consider at a minimum—
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America COMPETES Act
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‘‘(1) the degree to which projects will have a broad impact
on manufacturing;
‘‘(2) the novelty and scientific and technical merit of the
proposed projects; and
‘‘(3) the demonstrated capabilities of the applicants to successfully carry out the proposed research.
‘‘(e) DISTRIBUTION.—In selecting applications under this section
the Director shall ensure, to the extent practicable, a distribution
of overall awards among a variety of manufacturing industry sectors and a range of firm sizes.
‘‘(f) DURATION.—In carrying out this section, the Director shall
run a single pilot competition to solicit and make awards. Each
award shall be for a 3-year period.’’.
SEC. 3008. MANUFACTURING FELLOWSHIP PROGRAM.
Section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-1) is amended—
(1) by inserting ‘‘(a) In General.—’’ before ‘‘The Director is
authorized’’; and
(2) by adding at the end the following new subsection:.
‘‘(b) MANUFACTURING FELLOWSHIP PROGRAM.—
‘‘(1) ESTABLISHMENT.—To promote the development of a robust research community working at the leading edge of manufacturing sciences, the Director shall establish a program to
award—
‘‘(A) postdoctoral research fellowships at the Institute
for research activities related to manufacturing sciences;
and
‘‘(B) senior research fellowships to established researchers in industry or at institutions of higher education
who wish to pursue studies related to the manufacturing
sciences at the Institute.
‘‘(2) APPLICATIONS.—To be eligible for an award under this
subsection, an individual shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.
‘‘(3) STIPEND LEVELS.—Under this subsection, the Director
shall provide stipends for postdoctoral research fellowships at
a level consistent with the National Institute of Standards and
Technology Postdoctoral Research Fellowship Program, and
senior research fellowships at levels consistent with support for
a faculty member in a sabbatical position.’’.
SEC. 3009. ø15 U.S.C. 275 nt¿ PROCUREMENT OF TEMPORARY AND
INTERMITTENT SERVICES.
(a) IN GENERAL.—The Director of the National Institute of
Standards and Technology may procure the temporary or intermittent services of experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United States Code, to
assist with urgent or short-term research projects.
(b) EXTENT OF AUTHORITY.—A procurement under this section
may not exceed 1 year in duration, and the Director shall procure
no more than 200 experts and consultants per year.
(c) SUNSET.—This section shall cease to be effective after September 30, 2010.
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(d) REPORT TO CONGRESS.—Not later than 2 years after the
date of the enactment of this Act, the Comptroller General shall
submit to the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on whether additional safeguards would be needed with respect to the use of authorities
granted under this section if such authorities were to be made permanent.
SEC. 3010. MALCOLM BALDRIGE AWARDS.
Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(3)) is amended to read as follows:
‘‘(3) In any year, not more than 18 awards may be made under
this section to recipients who have not previously received an
award under this section, and no award shall be made within any
category described in paragraph (1) if there are no qualifying enterprises in that category.’’.
SEC. 3011. REPORT ON NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY EFFORTS TO RECRUIT AND RETAIN EARLY
CAREER SCIENCE AND ENGINEERING RESEARCHERS.
Not later than 3 months after the date of the enactment of this
Act, the Director of the National Institute of Standards and Technology shall submit to the Committee on Science and Technology
of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report on efforts to recruit and retain young scientists and engineers at the
early stages of their careers at the National Institute of Standards
and Technology laboratories and joint institutes. The report shall
include—
(1) a description of National Institute of Standards and
Technology policies and procedures, including financial incentives, awards, promotions, time set aside for independent research, access to equipment or facilities, and other forms of
recognition, designed to attract and retain young scientists and
engineers;
(2) an evaluation of the impact of these incentives on the
careers of young scientists and engineers at the National Institute of Standards and Technology, and also on the quality of
the research at the National Institute of Standards and Technology’s laboratories and in the National Institute of Standards
and Technology’s programs;
(3) a description of what barriers, if any, exist to efforts to
recruit and retain young scientists and engineers, including
limited availability of full time equivalent positions, legal and
procedural requirements, and pay grading systems; and
(4) the amount of funding devoted to efforts to recruit and
retain young researchers and the source of such funds.
SEC. 3012. TECHNOLOGY INNOVATION PROGRAM.
(a) REPEAL OF ADVANCED TECHNOLOGY PROGRAM.—Section
28
of the National Institute of Standards and Technology Act (15
U.S.C. 278n) is repealed.
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(b) ESTABLISHMENT OF TECHNOLOGY INNOVATION PROGRAM.—
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by inserting after section 27 the following:
‘‘SEC. 28. TECHNOLOGY INNOVATION PROGRAM
‘‘(a) ESTABLISHMENT.—There is established
within the Institute
a program linked to the purpose and functions of the Institute, to
be known as the ‘Technology Innovation Program’ for the purpose
of assisting United States businesses and institutions of higher
education or other organizations, such as national laboratories and
nonprofit research institutions, to support, promote, and accelerate
innovation in the United States through high-risk, high-reward research in areas of critical national need.
‘‘(b) EXTERNAL FUNDING.—
‘‘(1) IN GENERAL.—The Director shall award competitive,
merit-reviewed grants, cooperative agreements, or contracts
to—
‘‘(A) eligible companies that are small-sized businesses
or medium-sized businesses; or
‘‘(B) joint ventures.
‘‘(2) SINGLE COMPANY AWARDS.—No award given to a single
company shall exceed $3,000,000 over 3 years.
‘‘(3) JOINT VENTURE AWARDS.—No award given to a joint
venture shall exceed $9,000,000 over 5 years.
‘‘(4) FEDERAL COST SHARE.—The Federal share of a project
funded by an award under the program shall not be more than
50 percent of total project costs.
‘‘(5) PROHIBITIONS.—Federal funds awarded under this program may be used only for direct costs and not for indirect
costs, profits, or management fees of a contractor. Any business that is not a small-sized or medium-sized business may
not receive any funding under this program.
‘‘(c) AWARD CRITERIA.—The Director shall only provide assistance under this section to an entity—
‘‘(1) whose proposal has scientific and technical merit and
may result in intellectual property vesting in a United States
entity that can commercialize the technology in a timely manner;
‘‘(2) whose application establishes that the proposed technology has strong potential to address critical national needs
through transforming the Nation’s capacity to deal with major
societal challenges that are not currently being addressed, and
generate substantial benefits to the Nation that extend significantly beyond the direct return to the applicant;
‘‘(3) whose application establishes that the research has
strong potential for advancing the state-of-the-art and contributing significantly to the United States science and technology
knowledge base;
‘‘(4) whose proposal explains why Technology Innovation
Program support is necessary, including evidence that the research will not be conducted within a reasonable time period
in the absence of financial assistance under this section;
‘‘(5) whose application demonstrates that reasonable efforts
have been made to secure funding from alternative funding
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sources and no other alternative funding sources are reasonably available to support the proposal; and
‘‘(6) whose application explains the novelty of the technology and demonstrates that other entities have not already
developed, commercialized, marketed, distributed, or sold similar technologies.
‘‘(d) COMPETITIONS.—The Director shall solicit proposals at
least annually to address areas of critical national need for highrisk, high-reward projects.
‘‘(e) INTELLECTUAL PROPERTY RIGHTS OWNERSHIP.—
‘‘(1) IN GENERAL.—Title to any intellectual property developed by a joint venture from assistance provided under this
section may vest in any participant in the joint venture, as
agreed by the members of the joint venture, notwithstanding
section 202 (a) and (b) of title 35, United States Code. The
United States may reserve a nonexclusive, nontransferable, irrevocable paid-up license, to have practice for or on behalf of
the United States in connection with any such intellectual
property, but shall not in the exercise of such license publicly
disclose proprietary information related to the license. Title to
any such intellectual property shall not be transferred or
passed, except to a participant in the joint venture, until the
expiration of the first patent obtained in connection with such
intellectual property.
‘‘(2) LICENSING.—Nothing in this subsection shall be construed to prohibit the licensing to any company of intellectual
property rights arising from assistance provided under this
section.
‘‘(3) DEFINITION.—For purposes of this subsection, the term
‘intellectual property’ means an invention patentable under
title 35, United States Code, or any patent on such an invention, or any work for which copyright protection is available
under title 17, United States Code.
‘‘(f) PROGRAM OPERATION.—Not later than 9 months after the
date of the enactment of this section, the Director shall promulgate
regulations—
‘‘(1) establishing criteria for the selection of recipients of
assistance under this section;
‘‘(2) establishing procedures regarding financial reporting
and auditing to ensure that awards are used for the purposes
specified in this section, are in accordance with sound accounting practices, and are not funding existing or planned research
programs that would be conducted within a reasonable time
period in the absence of financial assistance under this section;
and
‘‘(3) providing for appropriate dissemination of Technology
Innovation Program research results.
‘‘(g) ANNUAL REPORT.—The Director shall submit annually to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology of the House
of Representatives a report describing the Technology Innovation
Program’s activities, including a description of the metrics upon
which award funding decisions were made in the previous fiscal
year, any proposed changes to those metrics, metrics for evaluating
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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 highrisk, high-reward research.
‘‘(h) CONTINUATION OF ATP GRANTS.—The Director shall,
through the Technology Innovation Program, continue to provide
support originally awarded under the Advanced Technology Program, in accordance with the terms of the original award and consistent with the goals of the Technology Innovation Program.
‘‘(i) COORDINATION WITH OTHER STATE AND FEDERAL TECHNOLOGY PROGRAMS.—In carrying out this section, the Director
shall, as appropriate, coordinate with other senior State and Federal officials to ensure cooperation and coordination in State and
Federal technology programs and to avoid unnecessary duplication
of efforts.
‘‘(j) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL AGENCIES.—
In addition to amounts appropriated to carry out this section, the
Secretary and the Director may accept funds from other Federal
agencies to support awards under the Technology Innovation Program. Any award under this section which is supported with funds
from other Federal agencies shall be selected and carried out according to the provisions of this section. Funds accepted from other
Federal agencies shall be included as part of the Federal cost share
of any project funded under this section.
‘‘(k) TIP ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—There is established within the Institute a TIP Advisory Board.
‘‘(2) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The TIP Advisory Board shall consist of 10 members appointed by the Director, at least 7 of
whom shall be from United States industry, chosen to reflect the wide diversity of technical disciplines and industrial sectors represented in Technology Innovation Program projects. No member shall be an employee of the
Federal Government.
‘‘(B) TERM.—Except as provided in subparagraph (C)
or (D), the term of office of each member of the TIP Advisory Board shall be 3 years.
‘‘(C) CLASSES.—The original members of the TIP Advisory Board shall be appointed to 3 classes. One class of 3
members shall have an initial term of 1 year, one class of
3 members shall have an initial term of 2 years, and one
class of 4 members shall have an initial term of 3 years.
‘‘(D) VACANCIES.—Any member appointed to fill a vacancy occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed for
the remainder of such term.
‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who
has completed 2 consecutive full terms of service on the
TIP Advisory Board shall thereafter be ineligible for appointment during the 1-year period following the expiration of the second such term.
‘‘(3) PURPOSE.—The TIP Advisory Board shall meet not
less than 2 times annually, and provide the Director—
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‘‘(A) advice on programs, plans, and policies of the
Technology Innovation Program;
‘‘(B) reviews of the Technology Innovation Program’s
efforts to accelerate the research and development of challenging, high-risk, high-reward technologies in areas of
critical national need;
‘‘(C) reports on the general health of the program and
its effectiveness in achieving its legislatively mandated
mission; and
‘‘(D) guidance on investment areas that are appropriate for Technology Innovation Program funding;
‘‘(4) ADVISORY CAPACITY.—In discharging its duties under
this subsection, the TIP Advisory Board shall function solely in
an advisory capacity, in accordance with the Federal Advisory
Committee Act.
‘‘(5) ANNUAL REPORT.—The TIP Advisory Board shall
transmit an annual report to the Secretary for transmittal to
the Congress not later than 30 days after the submission to
Congress of the President’s annual budget request in each
year. Such report shall address the status of the Technology
Innovation Program and comment on the relevant sections of
the programmatic planning document and updates thereto
transmitted to Congress by the Director under subsections (c)
and (d) of section 23.
‘‘(l) DEFINITIONS.—In this section—
‘‘(1) the term ‘eligible company’ means a small-sized or medium-sized business that is incorporated in the United States
and does a majority of its business in the United States, and
that either—
‘‘(A) is majority owned by citizens of the United States;
or
‘‘(B) is owned by a parent company incorporated in another country and the Director finds that—
‘‘(i) the company’s participation in the Technology
Innovation Program would be in the economic interest
of the United States, as evidenced by—
‘‘(I) investments in the United States in research and manufacturing;
‘‘(II) significant contributions to employment
in the United States; and
‘‘(III) agreement with respect to any technology arising from assistance provided under this
section to promote the manufacture within the
United States of products resulting from that
technology; and
‘‘(ii) the company is incorporated in a country
which—
‘‘(I) affords to United States-owned companies
opportunities, comparable to those afforded to any
other company, to participate in any joint venture
similar to those receiving funding under this section;
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‘‘(II) affords to United States-owned companies local investment opportunities comparable to
those afforded any other company; and
‘‘(III) affords adequate and effective protection
for intellectual property rights of United Statesowned companies;
‘‘(2) the term ‘high-risk, high-reward research’ means research that—
‘‘(A) has the potential for yielding transformational results with far-ranging or wide-ranging implications;
‘‘(B) addresses critical national needs within the National Institute of Standards and Technology’s areas of
technical competence; and
‘‘(C) is too novel or spans too diverse a range of disciplines to fare well in the traditional peer-review process;
‘‘(3) the term ‘institution of higher education’ has the
meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);
‘‘(4) the term ‘joint venture’ means a joint venture that—
‘‘(A) includes either—
‘‘(i) at least 2 separately owned for-profit companies that are both substantially involved in the project
and both of which are contributing to the cost-sharing
required under this section, with the lead entity of the
joint venture being one of those companies that is a
small-sized or medium-sized business; or
‘‘(ii) at least 1 small-sized or medium-sized business and 1 institution of higher education or other organization, such as a national laboratory or nonprofit
research institute, that are both substantially involved
in the project and both of which are contributing to
the cost-sharing required under this section, with the
lead entity of the joint venture being either that smallsized or medium-sized business or that institution of
higher education; and
‘‘(B) may include additional for-profit companies, institutions of higher education, and other organizations, such
as national laboratories and nonprofit research institutes,
that may or may not contribute non-Federal funds to the
project; and
‘‘(5) the term ‘TIP Advisory Board’ means the advisory
board established under subsection (k).’’.
(c) TRANSITION.—Notwithstanding the repeal made by subsection (a), the Director shall carry out section 28 of the National
Institute of Standards and Technology Act (15 U.S.C. 278n) as such
section was in effect on the day before the date of the enactment
of this Act, with respect to applications for grants under such section submitted before such date, until the earlier of—
(1) the date that the Director promulgates the regulations
required under section 28(f) of the National Institute of Standards and Technology Act, as added by subsection (b); or
(2) December 31, 2007.
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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 Insti-
tute of Standards and Technology Act (15 U.S.C. 278g-l) is amended by striking ‘‘up to 1 per centum of the’’ and inserting ‘‘up to 1.5
percent of the’’.
(b) FINANCIAL AGREEMENTS CLARIFICATION.—Section 2(b)(4) of
the National Institute of Standards and Technology Act (15 U.S.C.
272(b)(4)) is amended by inserting ‘‘and grants and cooperative
agreements,’’ after ‘‘arrangements,’’.
(c) OUTDATED SPECIFICATIONS.—
(1) REDEFINITION OF THE METRIC SYSTEM.—Section 3570 of
the Revised Statutes of the United States (derived from section
2 of the Act of July 28, 1866, entitled ‘‘An Act to authorize the
Use of the Metric System of Weights and Measures’’ (15 U.S.C.
205; 14 Stat. 339)) is amended to read as follows:
‘‘SEC. 3570. METRIC SYSTEM DEFINED
‘‘The metric system of measurement shall be defined as the
International System of Units as established in 1960, and subsequently maintained, by the General Conference of Weights and
Measures, and as interpreted or modified for the United States by
the Secretary of Commerce.’’.
(2) REPEAL OF REDUNDANT AND OBSOLETE AUTHORITY.—
The Act of July 21, 1950, entitled, ‘‘An Act To redefine the
units and establish the standards of electrical and photometric
measurements.’’ (15 U.S.C. 223 and 224) is hereby repealed.
(3) STANDARD TIME.—Section 1 of the Act of March 19,
1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 261)
is amended—
(A) by inserting ‘‘(a) In General.—’’ before ‘‘For the
purpose’’;
(B) by striking the second sentence and the extra period after it and inserting ‘‘Except as provided in section
3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a), the
standard time of the first zone shall be Coordinated Universal Time retarded by 4 hours; that of the second zone
retarded by 5 hours; that of the third zone retarded by 6
hours; that of the fourth zone retarded by 7 hours; that of
the fifth zone retarded 8 hours; that of the sixth zone retarded by 9 hours; that of the seventh zone retarded by 10
hours; that of the eighth zone retarded by 11 hours; and
that of the ninth zone shall be Coordinated Universal Time
advanced by 10 hours.’’; and
(C) by adding at the end the following:
‘‘(b) COORDINATED UNIVERSAL TIME DEFINED.—In this section,
the term ‘Coordinated Universal Time’ means the time scale maintained through the General Conference of Weights and Measures
and interpreted or modified for the United States by the Secretary
of Commerce in coordination with the Secretary of the Navy.’’.
(4) IDAHO TIME ZONE.—Section 3 of the Act of March 19,
1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 264)
is amended by striking ‘‘third zone’’ and inserting ‘‘fourth
zone’’.
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(d) NON-ENERGY INVENTIONS PROGRAM.—Section 27 of the National Institute of Standards and Technology Act (15 U.S.C. 278m)
is repealed.
SEC. 3014. RETENTION OF DEPRECIATION SURCHARGE.
Section 14 of the National Institute of Standards and Technology Act (15 U.S.C. 278d) is amended—
(1) by inserting ‘‘(a) In General.—’’ before ‘‘Within’’; and
(2) by adding at the end the following:
‘‘(b) RETENTION OF FEES.—The Director is authorized to retain
all building use and depreciation surcharge fees collected pursuant
to OMB Circular A-25. Such fees shall be collected and credited to
the Construction of Research Facilities Appropriation Account for
use in maintenance and repair of the Institute’s existing facilities.’’.
SEC. 3015. POST-DOCTORAL FELLOWS.
Section 19 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-2) is amended by striking ‘‘nor more
than 60 new fellows’’ and inserting ‘‘nor more than 120 new fellows’’.
TITLE IV—OCEAN AND ATMOSPHERIC
PROGRAMS
SEC. 4001. ø33 U.S.C. 893¿ OCEAN AND ATMOSPHERIC RESEARCH AND
DEVELOPMENT PROGRAM.
(a) IN GENERAL.—The Administrator of the National Oceanic
and Atmospheric Administration, in consultation with the Director
of the National Science Foundation and the Administrator of the
National Aeronautics and Space Administration, shall establish a
coordinated program of ocean, coastal, Great Lakes, and atmospheric research and development, in collaboration with academic
institutions and other nongovernmental entities, that shall focus on
the development of advanced technologies and analytical methods
that will promote United States leadership in ocean and atmospheric science and competitiveness in the applied uses of such
knowledge.
(b) OCEANIC AND ATMOSPHERIC RESEARCH AND DEVELOPMENT
PROGRAM.—The Administrator shall implement programs and activities—
(1) to identify emerging and innovative research and development priorities to enhance United States competitiveness,
support development of new economic opportunities based on
NOAA research, observations, monitoring modeling, and predictions that sustain ecosystem services;
(2) to promote United States leadership in oceanic and atmospheric science and competitiveness in the applied uses of
such knowledge, including for the development and expansion
of economic opportunities; and
(3) to advance ocean, coastal, Great Lakes, and atmospheric research and development, including potentially transformational research, in collaboration with other relevant Federal agencies, academic institutions, the private sector, and
nongovernmental programs, consistent with NOAA’s mission to
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understand, observe, and model the Earth’s atmosphere and
biosphere, including the oceans, in an integrated manner.
(c) REPORT.—No later than 12 months after the date of enactment of the America COMPETES Reauthorization Act of 2010, the
Administrator, in consultation with the National Science Foundation or other such agencies with mature transformational research
portfolios, shall develop and submit a report to the Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Science and Technology that describes NOAA’s strategy for enhancing transformational research
in its research and development portfolio to increase United States
competitiveness in oceanic and atmospheric science and technology.
The report shall—
(1) define ‘‘transformational research’’;
(2) identify emerging and innovative areas of research and
development where transformational research has the potential to make significant and revolutionary -advancements in
both understanding and U.S. science leadership;
(3) describe how transformational research priorities are
identified and appropriately -balanced in the context of
NOAA’s broader research portfolio;
(4) describe NOAA’s plan for developing a competitive peer
review and priority-setting -process, funding mechanisms, performance and evaluation measures, and transition-to-operation
guidelines for transformational research; and
(5) describe partnerships with other agencies involved in
transformational research.
SEC. 4002. ø33 U.S.C. 893a¿ NOAA OCEAN AND ATMOSPHERIC SCIENCE
EDUCATION PROGRAMS.
(a) IN GENERAL.—The Administrator of the National Oceanic
and Atmospheric Administration shall conduct, develop, support,
promote, and coordinate formal and informal educational activities
at all levels to enhance public awareness and understanding of
ocean, coastal, Great Lakes, and atmospheric science and stewardship by the general public and other coastal stakeholders, including
underrepresented groups in ocean and atmospheric science and policy careers. In conducting those activities, the Administrator shall
build upon the educational programs and activities of the agency,
with consideration given to the goal of promoting the participation
of individuals identified in sections 33 and 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b) in
STEM fields and in promoting the acquisition and retention of
highly qualified and motivated young scientists to complement and
supplement workforce needs.
(b) EDUCATIONAL PROGRAM GOALS.—The education programs
developed by NOAA shall, to the extent applicable—
(1) carry out and support research based programs and activities designed to increase student interest and participation
in STEM;
(2) improve public literacy in STEM;
(3) employ proven strategies and methods for improving
student learning and teaching in STEM;
(4) provide curriculum support materials and other resources that—
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(A) are designed to be integrated with comprehensive
STEM education;
(B) are aligned with national science education standards;
(C) are designed considering the unique needs of
underrepresented groups, translating such materials and
other resources;
(D) promote the adoption and implementation of highquality education practices that build toward college and
career-readiness; and
(E) are promoted widely, especially among individuals
identified in sections 33 and 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a, 1885b);
and
(5) create and support opportunities for enhanced and ongoing professional development for teachers using best practices that improves the STEM content and knowledge of the
teachers, including through programs linking STEM teachers
with STEM educators at the higher education level.
(c) NOAA SCIENCE EDUCATION PLAN.—The Administrator, appropriate National Oceanic and Atmospheric Administration programs, ocean atmospheric science and education experts, and interested members of the public shall maintain a science education
plan setting forth education goals and strategies for the Administration, as well as programmatic actions to carry out such goals
and priorities over the next 20 years, and evaluate and update
such plan every 5 years.
(d) METRICS.—In executing the National Oceanic and Atmospheric Administration science education plan under subsection (c),
the Administrator shall maintain a comprehensive system for evaluating the Administration’s educational programs and activities. In
so doing, the Administrator shall ensure that such education programs have measurable objectives and milestones as well as clear,
documented metrics for evaluating programs. For each such education program or portfolio of similar programs, the Administrator
shall—
(1) encourage the collection of evidence as relevant to the
measurable objectives and milestones; and
(2) ensure that program or portfolio evaluations focus on
educational outcomes and not just inputs, activities completed,
or the number of participants.
(e) 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).
(f) STEM DEFINED.—In this section, the term ‘‘STEM’’ means
the academic and professional disciplines of science, technology, engineering, and mathematics.
SEC. 4003. ø33 U.S.C. 893b¿ NOAA’S CONTRIBUTION TO INNOVATION.
(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The National
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search and development and the promotion of science, technology,
engineering, and mathematics education, consistent with the agency mission, including authorized activities.
(b) HISTORIC FOUNDATION.—In order to carry out the participation described in subsection (a), the Administrator of the National
Oceanic and Atmospheric Administration shall build on the historic
role of the National Oceanic and Atmospheric Administration in
stimulating excellence in the advancement of ocean and atmospheric science and engineering disciplines and in providing opportunities and incentives for the pursuit of academic studies in
science, technology, engineering, and mathematics.
TITLE V—DEPARTMENT OF ENERGY
SEC. 5001. ø42 U.S.C. 15801 nt ¿ SHORT TITLE.
This title may be cited as the ‘‘Protecting America’s Competitive Edge Through Energy Act’’ or the ‘‘PACE-Energy Act’’.
SEC. 5002. ø42 U.S.C. 16531 nt ¿ DEFINITIONS.
In this title:
(1) DEPARTMENT.—The term ‘‘Department’’ means the Department of Energy.
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(3) NATIONAL LABORATORY.—The term ‘‘National Laboratory’’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy.
SEC. 5003. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION
AT THE DEPARTMENT OF ENERGY.
(a) SCIENCE EDUCATION PROGRAMS.—Section 3164 of the De-
partment of Energy Science Education Enhancement Act (42 U.S.C.
7381a) is amended—
(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (f), respectively;
(2) by inserting after subsection (a) the following:
‘‘(b) ORGANIZATION OF SCIENCE, ENGINEERING, AND MATHEMATICS 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
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pertaining to science, engineering, and mathematics education
at the Department.
‘‘(3) DUTIES.—The Director shall—
‘‘(A) oversee all science, engineering, and mathematics
education programs of the Department;
‘‘(B) represent the Department as the principal interagency liaison for all science, engineering, and mathematics education programs, unless otherwise represented
by the Secretary or the Under Secretary;
‘‘(C) prepare the annual budget and advise the Under
Secretary on all budgetary issues for science, engineering,
and mathematics education programs of the Department;
‘‘(D) increase, to the maximum extent practicable, the
participation and advancement of women and underrepresented minorities at every level of science, technology,
engineering, and mathematics education; and
‘‘(E) perform other such matters relating to science,
engineering, and mathematics education as are required
by the Secretary or the Under Secretary.
‘‘(4) STAFF AND OTHER RESOURCES.—The Secretary shall
assign to the Director such personnel and other resources as
the Secretary considers necessary to permit the Director to
carry out the duties of the Director.
‘‘(5) ASSESSMENT.—
‘‘(A) IN GENERAL.—The Secretary shall offer to enter
into a contract with the National Academy of Sciences
under which the National Academy, not later than 5 years
after, and not later than 10 years after, the date of enactment of this paragraph, shall assess the performance of
the science, engineering, and mathematics education programs of the Department.
‘‘(B) CONSIDERATIONS.—An assessment under this
paragraph shall be conducted taking into consideration,
where applicable, the effect of science, engineering, and
mathematics education programs of the Department on
student academic achievement in science and mathematics.
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to
carry out this subsection.’’; and
(3) by striking subsection (d) (as redesignated by paragraph (1)) and inserting the following:
‘‘(d) SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION
FUND.—The Secretary shall establish a Science, Engineering, and
Mathematics Education Fund, using not less than 0.3 percent of
the amount made available to the Department for research, development, demonstration, and commercial application for each fiscal
year, to carry out sections 3165, 3166, and 3167.
‘‘(e) ANNUAL PLAN FOR ALLOCATION OF EDUCATION FUNDING.—
The Secretary shall submit to Congress as part of the annual budget submission for a fiscal year a report describing the manner in
which the Department has complied with subsection (d) for the
prior fiscal year and the manner in which the Department proposes
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to comply with subsection (d) during the following fiscal year, including—
‘‘(1) the total amount of funding for research, development,
demonstration, and commercial application activities for the
corresponding fiscal year;
‘‘(2) the amounts set aside for the Science, Engineering,
and Mathematics Education Fund under subsection (d) from
funding for research activities, development activities, demonstration activities, and commercial application activities for
the corresponding fiscal year; and
‘‘(3) a description of how the funds set aside under subsection (d) were allocated for the prior fiscal year and will be
allocated for the following fiscal year.’’.
(b) ø42 U.S.C. 7381g nt¿ CONSULTATION.—The Secretary
shall—
(1) consult with the Secretary of Education and the Director of the National Science Foundation regarding activities authorized under subpart B of the Department of Energy Science
Education Enhancement Act (as added by subsection (d)(3)) to
improve science and mathematics education; and
(2) otherwise make available to the Secretary of Education
reports associated with programs authorized under that section.
(c) DEFINITION.—Section 3168 of the Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381d) is amended
by adding at the end the following:
‘‘(5) NATIONAL LABORATORY.—The term ‘National Laboratory’ has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).’’.
(d) SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION
PROGRAMS.—The Department of Energy Science Education Enhancement Act (42 U.S.C. 7381 et seq.) is amended—
(1) by inserting after section 3162 (42 U.S.C. 7381) the following:
‘‘Subpart A—Science Education Enhancement’’;
(2) in section 3169 (42 U.S.C. 7381e), by striking ‘‘part’’
and inserting ‘‘subpart’’; and
(3) by adding at the end the following:
‘‘Subpart B—Science, Engineering, and
Mathematics Education Programs
‘‘SEC. 3170. DEFINITIONS
‘‘In this subpart:
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director of
Science, Engineering, and Mathematics Education.
‘‘(2) NATIONAL LABORATORY.—The term ‘National Laboratory’ has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
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‘‘CHAPTER 1—PILOT PROGRAM OF GRANTS TO SPECIALTY
SCHOOLS FOR SCIENCE AND MATHEMATICS
‘‘SEC. 3171. PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR
SCIENCE AND MATHEMATICS
‘‘(a) PURPOSE.—The purpose of this section is to establish a
pilot program of grants to States to help establish or expand public,
statewide specialty secondary schools that provide comprehensive
science and mathematics (including technology and engineering)
education to improve the academic achievement of students in
science and mathematics.
‘‘(b) DEFINITION OF SPECIALTY SCHOOL FOR SCIENCE AND
MATHEMATICS.—In this chapter, the term ‘specialty school for
science and mathematics’ means a public secondary school (including a school that provides residential services to students) that—
‘‘(1) serves students residing in the State in which the
school is located; and
‘‘(2) offers to those students a high-quality, comprehensive
science and mathematics (including technology and engineering) curriculum designed to improve the academic achievement
of students in science and mathematics.
‘‘(c) PILOT PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—From the amounts authorized under
subsection (i), the Secretary, acting through the Director and
in consultation with the Director of the National Science Foundation, shall award grants, on a competitive basis, to States in
order to provide assistance to the States for the costs of establishing or expanding public, statewide specialty schools for
science and mathematics.
‘‘(2) RESOURCES.—The Director shall ensure that appropriate resources of the Department, including the National
Laboratories, are available to schools funded under this section
in order to—
‘‘(A) increase experiential, hands-on learning opportunities in science, technology, engineering, and mathematics
for students attending such schools; and
‘‘(B) provide ongoing professional development opportunities for teachers employed at such schools.
‘‘(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
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1 specialty school for science and mathematics for a fiscal
year.
‘‘(B) MAXIMUM AMOUNT AND DURATION OF GRANTS.—A
grant awarded to a State for a specialty school for science
and mathematics under this section—
‘‘(i) shall not exceed $2,000,000 for a fiscal year;
and
‘‘(ii) shall not be provided for more than 3 fiscal
years.
‘‘(d) FEDERAL AND NON-FEDERAL SHARES.—
‘‘(1) FEDERAL SHARE.—The Federal share of the costs described in subsection (c)(1) shall not exceed 33 percent.
‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of the
costs described in subsection (c)(1) shall be—
‘‘(A) not less than 67 percent; and
‘‘(B) provided from non-Federal sources, in cash or in
kind, fairly evaluated, including services.
‘‘(e) APPLICATION.—To be eligible to receive a grant under this
section, a State shall submit to the Director an application at such
time, in such manner, and containing such information as the Director may require that describes—
‘‘(1) the process by which and selection criteria with which
the State will select and designate a school as a specialty
school for science and mathematics in accordance with this section;
‘‘(2) how the State will ensure that funds made available
under this section are used to establish or expand a specialty
school for science and mathematics—
‘‘(A) in accordance with the activities described in subsection (g); and
‘‘(B) that has the capacity to improve the academic
achievement of all students in all core academic subjects,
and particularly in science and mathematics;
‘‘(3) how the State will measure the extent to which the
school increases student academic achievement on State academic achievement standards in science, mathematics, and, to
the maximum extent applicable, technology and engineering;
‘‘(4) the curricula and materials to be used in the school;
‘‘(5) the availability of funds from non-Federal sources for
the costs of the activities authorized under this section; and
‘‘(6) how the State will use technical assistance and support from the Department, including the National Laboratories, and other entities with experience and expertise in
science, technology, engineering, and mathematics education,
including institutions of higher education.
‘‘(f) DISTRIBUTION.—In awarding grants under this section, the
Director shall—
‘‘(1) ensure a wide, equitable distribution among States
that propose to serve students from urban and rural areas; and
‘‘(2) provide equal consideration to States without National
Laboratories.
‘‘(g) USES OF FUNDS.—
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‘‘(1) REQUIREMENT.—A State that receives a grant under
this section shall use the funds made available through the
grant to—
‘‘(A) employ proven strategies and methods for improving student learning and teaching in science, technology,
engineering, and mathematics;
‘‘(B) integrate into the curriculum of the school comprehensive science and mathematics education, including
instruction and assessments in science, mathematics, and
to the extent applicable, technology and engineering that
are aligned with the academic content and student academic achievement standards of the State, within the
meaning of section 1111 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311);
‘‘(C) create opportunities for enhanced and ongoing
professional development for teachers that improves the
science, technology, engineering, and mathematics content
knowledge of the teachers; and
‘‘(D) design and implement hands-on laboratory experiences to help prepare students to pursue postsecondary
studies in science, technology, engineering, and mathematics fields.
‘‘(2) SPECIAL RULE.—Grant funds under this section may be
used for activities described in paragraph (1) only if the activities are directly relating to improving student academic
achievement in science, mathematics, and to the extent applicable, technology and engineering.
‘‘(h) EVALUATION AND REPORT.—
‘‘(1) STATE EVALUATION AND REPORT.—
‘‘(A) EVALUATION.—Each State that receives a grant
under this section shall develop and carry out an evaluation and accountability plan for the activities funded
through the grant that measures the impact of the activities, including measurable objectives for improved student
academic achievement on State science, mathematics, and,
to the maximum extent applicable, technology and engineering assessments.
‘‘(B) REPORT.—The State shall submit to the Director
a report containing the results of the evaluation and accountability plan.
‘‘(2) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of the PACE-Energy Act, the Director
shall submit a report detailing the impact of the activities assisted with funds made available under this section to—
‘‘(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
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‘‘(3) $30,000,000 for fiscal year 2010.
‘‘CHAPTER 2—EXPERIENTIAL-BASED LEARNING
OPPORTUNITIES
‘‘SEC. 3175. EXPERIENTIAL-BASED LEARNING OPPORTUNITIES
‘‘(a) INTERNSHIPS AUTHORIZED.—
‘‘(1) IN GENERAL.—From the amounts authorized
under
subsection (f), the Secretary, acting through the Director, shall
establish a summer internship program for middle school and
secondary school students that shall—
‘‘(A) provide the students with internships at the National Laboratories;
‘‘(B) promote experiential, hands-on learning in
science, technology, engineering, or mathematics; and
‘‘(C) be of at least 2 weeks in duration.
‘‘(2) RESIDENTIAL SERVICES.—The Director may provide
residential services to students participating in the internship
program authorized under paragraph (1).
‘‘(b) SELECTION CRITERIA.—
‘‘(1) IN GENERAL.—The Director shall establish criteria to
determine the sufficient level of academic preparedness necessary for a student to be eligible for an internship under this
section.
‘‘(2) PARTICIPATION.—The Director shall ensure the participation of students from a wide distribution of States, including
States without National Laboratories.
‘‘(3) STUDENT ACHIEVEMENT.—The Director may consider
the academic achievement of middle and secondary school students in determining eligibility under this section, in accordance with paragraphs (1) and (2).
‘‘(c) PRIORITY.—
‘‘(1) IN GENERAL.—The Director shall give priority for an
internship under this section to a student who meets the eligibility criteria described in subsection (b) and who attends a
school—
‘‘(A)(i) in which not less than 30 percent of the children enrolled in the school are from low-income families;
or
‘‘(ii) that is designated with a school locale code of 41,
42, or 43, as determined by the Secretary of Education;
and
‘‘(B) for which there is—
‘‘(i) a high percentage of teachers who are not
teaching in the academic subject areas or grade levels
in which the teachers were trained to teach;
‘‘(ii) a high teacher turnover rate; or
‘‘(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.
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‘‘(d) OUTREACH AND EXPERIENTIAL-BASED PROGRAMS FOR MISTUDENTS.—
‘‘(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 outreach
and experiential-based learning projects, shall establish outreach and experiential-based learning programs that will encourage underrepresented minority students in kindergarten
through grade 12 to pursue careers in science, engineering,
and mathematics.
‘‘(2) COMMUNITY INVOLVEMENT.—The Secretary shall ensure that the programs established under paragraph (1) involve, to the maximum extent practicable—
‘‘(A) participation by parents and educators; and
‘‘(B) the establishment of partnerships with business
organizations and appropriate Federal, State, and local
agencies.
‘‘(3) DISTRIBUTION.—The Secretary shall ensure that the
programs established under paragraph (1) are located in diverse geographic regions of the United States, to the maximum
extent practicable.
‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—The Director
shall develop an evaluation and accountability plan for the activities funded under this chapter that objectively measures the impact
of the activities.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $7,500,000 for each of
fiscal years 2008 through 2010.
NORITY
‘‘CHAPTER 3—NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATHEMATICS EDUCATION
‘‘SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION
‘‘(a) DEFINITION OF HIGH-NEED PUBLIC SECONDARY SCHOOL.—
In this section, the term ‘high-need public secondary school’ means
a secondary school—
‘‘(1) with a high concentration of low-income individuals
(as defined in section 1707 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6537)); or
‘‘(2) designated with a school locale code of 41, 42, or 43,
as determined by the Secretary of Education.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish at each of
the National Laboratories a program to support a Center of Excellence in Science, Technology, Engineering, and Mathematics (referred to in this section as a ‘Center of Excellence’) in at least 1
high-need public secondary school located in the region served by
the National Laboratory to provide assistance in accordance with
subsection (f).
‘‘(c) COLLABORATION.—
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‘‘(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 effectiveness in science or mathematics, as agreed to by other members
of the partnership.
‘‘(d) SELECTION.—
‘‘(1) IN GENERAL.—The Secretary, acting through the Director, shall establish criteria to guide the National Laboratories
in selecting the sites for Centers of Excellence.
‘‘(2) PROCESS.—A National Laboratory shall select a site
for a Center of Excellence through an open, widely-publicized,
and competitive process.
‘‘(e) GOALS.—The Secretary shall establish goals and performance assessments for each Center of Excellence authorized under
subsection (b).
‘‘(f) ASSISTANCE.—Consistent with sections 3165 and 3166, the
Director shall make available necessary assistance for a program
established under this section through the use of scientific and engineering staff of a National Laboratory, including the use of
staff—
‘‘(1) to assist teachers in teaching a course at a Center of
Excellence in Science, Technology, Engineering, and Mathematics; and
‘‘(2) to use National Laboratory scientific equipment in the
teaching of the course.
‘‘(g) SPECIAL RULES.—A Center of Excellence in a region shall
ensure—
‘‘(1) provision of clinical practicum, student teaching, or internship experiences for science, technology, and mathematics
teacher candidates as part of the teacher preparation program
of the Center of Excellence;
‘‘(2) provision of supervision and mentoring for teacher
candidates in the teacher preparation program; and
‘‘(3) to the maximum extent practicable, provision of professional development for veteran teachers in the public secondary schools in the region.
‘‘(h) EVALUATION.—The Secretary shall consider the results of
performance assessments required under subsection (e) in determining the contract award fee of a National Laboratory management and operations contractor.
‘‘(i) PLAN.—The Director shall—
‘‘(1) develop an evaluation and accountability plan for the
activities funded under this section that objectively measures
the impact of the activities; and
‘‘(2) disseminate information obtained from those measurements.
‘‘(j) NO EFFECT ON SIMILAR PROGRAMS.—Nothing in this section displaces or otherwise affects any similar program being carried out as of the date of enactment of this section at any National
Laboratory under any other provision of law.
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‘‘CHAPTER 4—SUMMER INSTITUTES
‘‘SEC. 3185. SUMMER INSTITUTES
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE PARTNER.—The
term ‘eligible partner’
means—
‘‘(A) the science, engineering, or mathematics department at an institution of higher education, acting in coordination with a school, department, or program of education at an institution of higher education that provides
training for teachers and principals; or
‘‘(B) a nonprofit entity with expertise in providing professional development for science, technology, engineering,
or mathematics teachers.
‘‘(2) SUMMER INSTITUTE.—The term ‘summer institute’
means an institute, operated during the summer, that—
‘‘(A) is hosted by a National Laboratory or an eligible
partner;
‘‘(B) is operated for a period of not less than 2 weeks;
‘‘(C) includes, as a component, a program that provides
direct interaction between students and faculty, including
personnel of 1 or more National Laboratories who have scientific expertise;
‘‘(D) provides for follow-up training, during the academic year, that is conducted in the classroom; and
‘‘(E) provides hands-on science, technology, engineering, or mathematics laboratory experience for not less than
2 days.
‘‘(b) SUMMER INSTITUTE PROGRAMS AUTHORIZED.—
‘‘(1) PROGRAMS AT THE NATIONAL LABORATORIES.—The Secretary, acting through the Director, shall establish or expand
programs of summer institutes at each of the National Laboratories to provide additional training to strengthen the science,
technology, engineering, and mathematics teaching skills of
teachers employed at public schools for kindergarten through
grade 12, in accordance with the activities authorized under
paragraphs (3) and (4).
‘‘(2) PROGRAMS WITH ELIGIBLE PARTNERS.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Director, shall identify and provide assistance as described
in subparagraph (C) to eligible partners to establish or expand programs of summer institutes that provide additional training to strengthen the science, technology, engineering, and mathematics teaching skills of teachers employed at public schools for kindergarten through grade 12,
in accordance with paragraphs (3) and (4).
‘‘(B) SELECTION CRITERIA.—In identifying eligible partners under subparagraph (A), the Secretary shall require
that partner institutions describe—
‘‘(i) how the partner institution has the capability
to administer the program in accordance with this section, which may include a description of any existing
programs at the institution of the applicant that are
targeted at education of science and mathematics
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teachers and the number of teachers graduated annually from the programs; and
‘‘(ii) how the partner institution will assist the National Laboratory in carrying out the activities described in paragraphs (3) and (4).
‘‘(C) ASSISTANCE.—Consistent with sections 3165 and
3166, the Director shall make available funds authorized
under this section to carry out a program using scientific
and engineering staff of the National Laboratories, during
which the staff—
‘‘(i) assists in providing training to teachers at
summer institutes; and
‘‘(ii) uses National Laboratory scientific equipment
in the training.
‘‘(3) REQUIRED ACTIVITIES.—Funds authorized under this
section shall be used for—
‘‘(A) creating opportunities for enhanced and ongoing
professional development for teachers that improves the
science, technology, engineering, and mathematics content
knowledge of the teachers;
‘‘(B) training to improve the ability of science, technology, engineering, and mathematics teachers to translate
content knowledge and recent developments in pedagogy
into classroom practice, including training to use curricula
that are—
‘‘(i) based on scientific research; and
‘‘(ii) aligned with challenging State academic content standards;
‘‘(C) training on the use and integration of technology
in the classrooms; and
‘‘(D) supplemental and follow-up professional development activities as described in subsection (a)(2)(D).
‘‘(4) ADDITIONAL USES OF FUNDS.—Funds authorized under
this section may be used for—
‘‘(A) training and classroom materials to assist in carrying out paragraph (3);
‘‘(B) expenses associated with scientific and engineering staff at the National Laboratories assisting in providing training to teachers at summer institutes;
‘‘(C) instruction in the use and integration of data and
assessments to inform and instruct classroom practice; and
‘‘(D) stipends and travel expenses for teachers participating in the program.
‘‘(c) PRIORITY.—To the maximum extent practicable, the Director shall ensure that each summer institute program authorized
under subsection (b) provides training to—
‘‘(1) teachers from a wide range of school districts;
‘‘(2) teachers from high-need school districts; and
‘‘(3) teachers from groups underrepresented in the fields of
science, technology, engineering, and mathematics teaching, including women and members of minority groups.
‘‘(d) COORDINATION AND CONSULTATION.—The Director shall
consult and coordinate with the Secretary of Education and the DiAugust 24, 2022
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rector of the National Science Foundation regarding the implementation of the programs authorized under subsection (b).
‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—
‘‘(1) IN GENERAL.—The Director shall develop an evaluation and accountability plan for the activities funded under
this section that measures the impact of the activities.
‘‘(2) CONTENTS.—The evaluation and accountability plan
shall include—
‘‘(A) measurable objectives to increase the number of
science, technology, and mathematics teachers who participate in the summer institutes involved; and
‘‘(B) measurable objectives for improved student academic achievement on State science, mathematics, and to
the maximum extent applicable, technology and engineering assessments.
‘‘(3) REPORT TO CONGRESS.—The Secretary shall submit to
Congress with the annual budget submission of the Secretary
a report on how the activities assisted under this section improve the science, technology, engineering, and mathematics
teaching skills of participating teachers.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) $15,000,000 for fiscal year 2008;
‘‘(2) $20,000,000 for fiscal year 2009; and
‘‘(3) $25,000,000 for fiscal year 2010.
‘‘CHAPTER 5—NATIONAL ENERGY EDUCATION
DEVELOPMENT
‘‘SEC. 3191. NATIONAL ENERGY EDUCATION DEVELOPMENT
‘‘(a) IN GENERAL.—The Secretary, acting through the
Director
and in consultation with the Director of the National Science Foundation, shall establish a program to coordinate and make available
to teachers and students web-based kindergarten through high
school science, technology, engineering, and mathematics education
resources relating to the science and energy mission of the Department, including existing instruction materials and protocols for
classroom laboratory experiments.
‘‘(b) ENERGY EDUCATION.—The materials and other resources
required under subsection (a) shall include instruction relating to—
‘‘(1) the science of energy;
‘‘(2) the sources of energy;
‘‘(3) the uses of energy in society; and
‘‘(4) the environmental consequences and benefits of all energy sources and uses.
‘‘(c) DISSEMINATION.—The Secretary, acting through the Director, shall take all steps necessary, such as through participation in
education association conferences, to advertise the program authorized under this section to K-12 teachers and science education coordinators across the United States.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section—
‘‘(1) $500,000 for fiscal year 2008; and
‘‘(2) such sums as necessary for each fiscal year thereafter.
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‘‘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 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. ø42 U.S.C. 16532¿ NUCLEAR SCIENCE TALENT EXPANSION
PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.
(a) PURPOSES.—The purposes of this section are—
(1) to address the decline in the number of and resources
available to nuclear science programs at institutions of higher
education; and
(2) to increase the number of graduates with degrees in
nuclear science, an area of strategic importance to the economic competitiveness and energy security of the United
States.
(b) DEFINITION OF NUCLEAR SCIENCE.—In this section, the
term ‘‘nuclear science’’ includes—
(1) nuclear science;
(2) nuclear engineering;
(3) nuclear chemistry;
(4) radio chemistry; and
(5) health physics.
(c) ESTABLISHMENT.—The Secretary shall establish, in accordance with this section, a program to expand and enhance institution of higher education nuclear science educational capabilities.
(d) NUCLEAR SCIENCE PROGRAM EXPANSION GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—
(1) IN GENERAL.—The Secretary shall award up to 3 competitive grants for each fiscal year to institutions of higher education that establish new academic degree programs in nuclear
science.
(2) PRIORITY.—In evaluating grants under this subsection,
the Secretary shall give priority to proposals that involve partnerships with a National Laboratory or other eligible nuclearrelated entity, as determined by the Secretary.
(3) CRITERIA.—Criteria for a grant awarded under this
subsection shall be based on—
(A) the potential to attract new students to the program;
(B) academic rigor; and
(C) the ability to offer hands-on learning opportunities.
(4) DURATION AND AMOUNT.—
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(A) DURATION.—A grant under this subsection may be
up to 5 years in duration.
(B) AMOUNT.—An institution of higher education that
receives a grant under this subsection shall be eligible for
up to $1,000,000 for each year of the grant period.
(5) USE OF FUNDS.—An institution of higher education
that receives a grant under this subsection may use the grant
to—
(A) recruit and retain new faculty;
(B) develop core and specialized course content;
(C) encourage collaboration between faculty and researchers in the nuclear science field; and
(D) support outreach efforts to recruit students.
(e) NUCLEAR SCIENCE COMPETITIVENESS GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—
(1) IN GENERAL.—The Secretary shall award up to 5 competitive grants for each fiscal year to institutions of higher education with existing academic degree programs that produce
graduates in nuclear science.
(2) CRITERIA.—Criteria for a grant awarded under this
subsection shall be based on the potential for increasing the
number and academic quality of graduates in the nuclear
sciences who enter into careers in nuclear-related fields.
(3) DURATION AND AMOUNT.—
(A) DURATION.—A grant under this subsection may be
up to 5 years in duration.
(B) AMOUNT.—An institution of higher education that
receives a grant under this subsection shall be eligible for
up to $500,000 for each year of the grant period.
(4) USE OF FUNDS.—An institution of higher education
that receives a grant under this subsection may use the grant
to—
(A) increase the number of graduates in nuclear
science that enter into careers in the nuclear science field;
(B) enhance the teaching of advanced nuclear technologies;
(C) aggressively pursue collaboration opportunities
with industry and National Laboratories;
(D) bolster or sustain nuclear infrastructure and research facilities of the institution of higher education, such
as research and training reactors or laboratories; and
(E) provide tuition assistance and stipends to undergraduate and graduate students.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) NUCLEAR SCIENCE PROGRAM EXPANSION GRANTS FOR
INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to
be appropriated to carry out subsection (d)—
(A) $3,500,000 for fiscal year 2008;
(B) $6,500,000 for fiscal year 2009;
(C) $9,500,000 for fiscal year 2010;
(D) $9,800,000 for fiscal year 2011;
(E) $10,100,000 for fiscal year 2012; and
(F) $10,400,000 for fiscal year 2013.
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(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;
(C) $8,000,000 for fiscal year 2010;
(D) $8,240,000 for fiscal year 2011;
(E) $8,500,000 for fiscal year 2012; and
(F) $8,750,000 for fiscal year 2013.
SEC. 5005. ø42 U.S.C. 16533¿ HYDROCARBON SYSTEMS SCIENCE TALENT
EXPANSION PROGRAM FOR INSTITUTIONS OF HIGHER
EDUCATION.
(a) PURPOSES.—The purposes of this section are—
(1) to address the decline in the number of and resources
available to hydrocarbon systems science programs at institutions of higher education; and
(2) to increase the number of graduates with degrees in
hydrocarbon systems science, an area of strategic importance
to the economic competitiveness and energy security of the
United States.
(b) DEFINITION OF HYDROCARBON SYSTEMS SCIENCE.—In this
section:
(1) IN GENERAL.—The term ‘‘hydrocarbon systems science’’
means a science involving natural gas or other petroleum exploration, development, or production.
(2) INCLUSIONS.—The term ‘‘hydrocarbon systems science’’
includes—
(A) petroleum or reservoir engineering;
(B) environmental geoscience;
(C) petrophysics;
(D) geophysics;
(E) geochemistry;
(F) petroleum geology;
(G) ocean engineering;
(H) environmental engineering;
(I) computer science, as computer science relates to a
science described in this subsection; and
(J) hydrocarbon spill response and remediation.
(c) ESTABLISHMENT.—The Secretary shall establish, in accordance with this section, a program to expand and enhance institution of higher education hydrocarbon systems science educational
capabilities.
(d) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION
GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—
(1) IN GENERAL.—The Secretary shall award up to 3 competitive grants for each fiscal year to institutions of higher education that establish new academic degree programs in hydrocarbon systems science.
(2) ELIGIBILITY.—In evaluating grants under this subsection, the Secretary shall give priority to proposals that involve partnerships with the National Laboratories, including
the National Energy Technology Laboratory, or other hydrocarbon systems scientific entities, as determined by the Secretary.
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(3) CRITERIA.—Criteria for a grant awarded under this
subsection shall be based on—
(A) the potential to attract new students to the program;
(B) academic rigor; and
(C) the ability to offer hands-on learning opportunities.
(4) DURATION AND AMOUNT.—
(A) DURATION.—A grant under this subsection may be
up to 5 years in duration.
(B) AMOUNT.—An institution of higher education that
receives a grant under this subsection shall be eligible for
up to $1,000,000 for each year of the grant period.
(5) USE OF FUNDS.—An institution of higher education
that receives a grant under this subsection may use the grant
to—
(A) recruit and retain new faculty;
(B) develop core and specialized course content;
(C) encourage collaboration between faculty and researchers in the hydrocarbon systems science field; and
(D) support outreach efforts to recruit students.
(e) HYDROCARBON SYSTEMS SCIENCE COMPETITIVENESS GRANTS
FOR INSTITUTIONS OF HIGHER EDUCATION.—
(1) IN GENERAL.—The Secretary shall award up to 5 competitive grants for each fiscal year to institutions of higher education with existing academic degree programs that produce
graduates in hydrocarbon systems science.
(2) CRITERIA.—Criteria for a grant awarded under this
subsection shall be based on the potential for increasing the
number and academic quality of graduates in hydrocarbon systems sciences who enter into careers in natural gas and other
petroleum exploration, development, and production related
fields.
(3) DURATION AND AMOUNT.—
(A) DURATION.—A grant under this subsection may be
up to 5 years in duration.
(B) AMOUNT.—An institution of higher education that
receives a grant under this subsection shall be eligible for
up to $500,000 for each year of the grant period.
(4) USE OF FUNDS.—An institution of higher education that
receives a grant under this subsection may use the grant to—
(A) increase the number of graduates in the hydrocarbon systems sciences that enter into careers in the natural gas and other petroleum exploration, development,
and production science fields;
(B) enhance the teaching of advanced natural gas and
other petroleum exploration, development, and production
technologies;
(C) aggressively pursue collaboration opportunities
with industry and the National Laboratories, including the
National Energy Technology Laboratory;
(D) bolster or sustain natural gas and other petroleum
exploration, development, and production infrastructure
and research facilities of the institution of higher education, such as research and training or laboratories; and
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(E) provide tuition assistance and stipends to undergraduate and graduate students.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION
GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are
authorized to be appropriated to carry out subsection (d)—
(A) $3,500,000 for fiscal year 2008;
(B) $6,500,000 for fiscal year 2009;
(C) $9,500,000 for fiscal year 2010;
(D) $9,800,000 for fiscal year 2011;
(E) $10,000,000 for fiscal year 2012; and
(F) $10,400,000 for fiscal year 2013.
(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. ø42 U.S.C. 16534¿ 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.—
(1) AMOUNT.—The amount of a grant awarded under this
section shall be—
(A) not less than $80,000; and
(B) not more than $125,000.
(2) DURATION.—The term of a grant awarded under this
section shall be not more than 5 years.
(c) ELIGIBILITY.—
(1) IN GENERAL.—To be eligible to receive a grant under
this section, an individual shall, as determined by the Director—
(A) subject to paragraph (2), have completed a doctorate or other terminal degree not more than 10 years before the date on which the proposal for a grant is submitted under subsection (e)(1);
(B) have demonstrated promise in a science, engineering, or mathematics field relevant to the missions of the
Department; and
(C) be employed—
(i) in a tenure track-position as an assistant professor or equivalent title at an institution of higher
education in the United States;
(ii) at an organization in the United States that is
a nonprofit, nondegree-granting research organization
such as a museum, observatory, or research laboratory; or
(iii) as a scientist at a National Laboratory.
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(2) WAIVER.—Notwithstanding paragraph (1)(A), the Director may determine that an individual who has completed a doctorate more than 10 years before the date of submission of a
proposal under subsection (e)(1) is eligible to receive a grant
under this section if the individual was unable to conduct research for a period of time because of extenuating circumstances, including military service or family responsibilities, as determined by the Director.
(d) SELECTION.—Grant recipients shall be selected on a competitive, merit-reviewed basis.
(e) SELECTION PROCESS AND CRITERIA.—
(1) PROPOSAL.—To be eligible to receive a grant under this
section, an individual shall submit to the Director a proposal
at such time, in such manner, and containing such information
as the Director may require.
(2) EVALUATION.—In evaluating the proposals submitted
under paragraph (1), the Director shall take into consideration,
at a minimum—
(A) the intellectual merit of the proposed project;
(B) the innovative or transformative nature of the proposed research;
(C) the extent to which the proposal integrates research and education, including undergraduate education
in science and engineering disciplines; and
(D) the potential of the applicant for leadership at the
frontiers of knowledge.
(f) DIVERSITY REQUIREMENT.—
(1) IN GENERAL.—In awarding grants under this section,
the Director shall endeavor to ensure that the grant recipients
represent a variety of types of institutions of higher education
and nonprofit, nondegree-granting research organizations.
(2) REQUIREMENT.—In support of the goal described in
paragraph (1), the Director shall broadly disseminate information regarding the deadlines applicable to, and manner in
which to submit, proposals for grants under this section, including by conducting outreach activities for—
(A) part B institutions, as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061); and
(B) minority institutions, as defined in section 365 of
that Act (20 U.S.C. 1067k).
(g) REPORT ON RECRUITING AND RETAINING EARLY CAREER
SCIENCE AND ENGINEERING RESEARCHERS AT NATIONAL LABORATORIES.—
(1) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Director shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Energy and Natural Resources of
the Senate a report describing efforts of the Director to recruit
and retain young scientists and engineers at early career
stages at the National Laboratories.
(2) INCLUSIONS.—The report under paragraph (1) shall include—
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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 engineers;
(B) an evaluation of the impact of the incentives described in subparagraph (A) on—
(i) the careers of young scientists and engineers at
the National Laboratories; and
(ii) the quality of the research at the National
Laboratories and in Department programs;
(C) a description of barriers, if any, that exist with respect to efforts to recruit and retain young scientists and
engineers, including the limited availability of full-time
equivalent positions, legal and procedural requirements,
and pay grading systems; and
(D) the amount of funding devoted to efforts to recruit
and retain young researchers, and the source of the funds.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary, acting through the Director, to
carry out this section $25,000,000 for each of fiscal years 2008
through 2013.
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.’’.
SEC. 5008. ø42 U.S.C. 16535¿ DISCOVERY SCIENCE AND ENGINEERING
INNOVATION INSTITUTES.
(a) IN GENERAL.—The Secretary shall establish distributed,
multidisciplinary institutes (referred to in this section as ‘‘Institutes’’) centered at National Laboratories to apply fundamental
science and engineering discoveries to technological innovations relating to—
(1) the missions of the Department; and
(2) the global competitiveness of the United States.
(b) TOPICAL AREAS.—The Institutes shall support scientific and
engineering research and education activities on critical emerging
technologies determined by the Secretary to be essential to global
competitiveness, including activities relating to—
(1) sustainable energy technologies;
(2) multiscale materials and processes;
(3) micro- and nano-engineering;
(4) computational and information engineering; and
(5) genomics and proteomics.
(c) PARTNERSHIPS.—In carrying out this section, the Secretary
shall establish partnerships between the Institutes and—
(1) institutions of higher education—
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(A) to train undergraduate and graduate science and
engineering students;
(B) to develop innovative undergraduate and graduate
educational curricula; and
(C) to conduct research within the topical areas described in subsection (b); and
(2) private industry to develop innovative technologies
within the topical areas described in subsection (b).
(d) GRANTS.—
(1) IN GENERAL.—For each fiscal year, the Secretary may
select not more than 3 Institutes to receive a grant under this
section.
(2) MERIT-BASED SELECTION.—The selection of Institutes
under paragraph (1) shall be—
(A) merit-based; and
(B) made through an open, competitive selection process.
(3) TERM.—An Institute shall receive a grant under this
section for not more than 3 fiscal years.
(e) REVIEW.—The Secretary shall offer to enter into an agreement with the National Academy of Sciences under which the
Academy shall, by not later than 3 years after the date of enactment of this Act—
(1) review the performance of the Institutes under this section; and
(2) submit to Congress and the Secretary a report describing the results of the review.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to provide grants to each Institute selected under
this section $10,000,000 for each of fiscal years 2008 through 2010.
SEC. 5009. ø42 U.S.C. 16536¿ PROTECTING AMERICA’S COMPETITIVE
EDGE (PACE) GRADUATE FELLOWSHIP PROGRAM.
(a) DEFINITION OF ELIGIBLE STUDENT.—In this section, the
term ‘‘eligible student’’ means a student who attends an institution
of higher education that offers a doctoral degree in a field relevant
to a mission area of the Department.
(b) ESTABLISHMENT.—The Secretary shall establish a graduate
fellowship program for eligible students pursuing a doctoral degree
in a mission area of the Department.
(c) SELECTION.—
(1) IN GENERAL.—The Secretary shall award fellowships to
eligible students under this section through a competitive
merit review process, involving written and oral interviews,
that will result in a wide distribution of awards throughout the
United States, as determined by the Secretary.
(2) CRITERIA.—The Secretary shall establish selection criteria for awarding fellowships under this section that require
an eligible student—
(A) to pursue a field of science or engineering of importance to a mission area of the Department;
(B) to demonstrate to the Secretary—
(i) the capacity of the eligible student to understand technical topics relating to the fellowship that
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can be derived from the first principles of the technical
topics;
(ii) imagination and creativity;
(iii) leadership skills in organizations or intellectual endeavors, demonstrated through awards and
past experience; and
(iv) excellent verbal and communication skills to
explain, defend, and demonstrate an understanding of
technical subjects relating to the fellowship; and
(C) to be a citizen or legal permanent resident of the
United States.
(d) AWARDS.—
(1) AMOUNT.—A fellowship awarded under this section
shall—
(A) provide an annual living stipend; and
(B) cover—
(i) graduate tuition at an institution of higher
education described in subsection (a); and
(ii) incidental expenses associated with curricula
and research at the institution of higher education (including books, computers, and software).
(2) DURATION.—A fellowship awarded under this section
shall be up to 3 years duration within a 5-year period.
(3) PORTABILITY.—A fellowship awarded under this section
shall be portable with the eligible student.
(e) ADMINISTRATION.—The Secretary, acting through the Director of Science, Engineering, and Mathematics Education—
(1) shall administer the program established under this
section; and
(2) may enter into a contract with a nonprofit entity to administer the program, including the selection and award of fellowships.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $7,500,000 for fiscal year 2008;
(2) $12,000,000 for fiscal year 2009, including nonexpiring
fellowships for the preceding fiscal year;
(3) $20,000,000 for fiscal year 2010, including nonexpiring
fellowships for preceding fiscal years;
(4) $20,600,000 for fiscal year 2011;
(5) $21,200,000 for fiscal year 2012; and
(6) $21,900,000 for fiscal year 2013.
SEC. 5010. SENSE OF CONGRESS REGARDING CERTAIN RECOMMENDATIONS AND REVIEWS.
It is the sense of Congress that—
(1) the Department of Energy should implement the recommendations contained in the report of the Government Accountability Office numbered 04-639; and
(2) the Secretary of Energy should annually conduct reviews in accordance with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) of at least 2 recipients
of grants provided by the Department of Energy.
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SEC. 5011. ø42 U.S.C. 16537¿ DISTINGUISHED SCIENTIST PROGRAM.
(a) PURPOSE.—The purpose of this section is to promote
scientific and academic excellence through collaborations between institutions of higher education and National Laboratories.
(b) ESTABLISHMENT.—The Secretary shall establish a program
to support the joint appointment of distinguished scientists by institutions of higher education and National Laboratories.
(c) QUALIFICATIONS.—To be eligible for appointment as a distinguished scientist under this section, an individual, by reason of
professional background and experience, shall be able to bring
international recognition to the appointing institution of higher
education or National Laboratory in the field of scientific endeavor
of the individual.
(d) SELECTION.—A distinguished scientist appointed under this
section shall be selected through an open, competitive process.
(e) APPOINTMENT.—
(1) INSTITUTION OF HIGHER EDUCATION.—An appointment
by an institution of higher education under this section shall
be filled within the tenure allotment of the institution of higher education, at a minimum rank of professor.
(2) NATIONAL LABORATORY.—An appointment by a National Laboratory under this section shall be at the rank of the
highest grade of distinguished scientist or technical staff of the
National Laboratory.
(f) DURATION.—An appointment under this section shall—
(1) be for a term of 6 years; and
(2) consist of 2 3-year funding allotments.
(g) USE OF FUNDS.—Funds made available under this section
may be used for—
(1) the salary of the distinguished scientist and support
staff;
(2) undergraduate, graduate, and post-doctoral appointments;
(3) research-related equipment;
(4) professional travel; and
(5) such other requirements as the Secretary determines to
be necessary to carry out the purpose of the program.
(h) REVIEW.—
(1) IN GENERAL.—The appointment of a distinguished scientist under this section shall be reviewed at the end of the
first 3-year allotment for the distinguished scientist through an
open peer-review process to determine whether the appointment is meeting the purpose of this section under subsection
(a).
(2) FUNDING.—Funding of the appointment of the distinguished scientist for the second 3-year allotment shall be determined based on the review conducted under paragraph (1).
(i) COST SHARING.—To be eligible for assistance under this section, an appointing institution of higher education shall pay at
least 50 percent of the total costs of the appointment.
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $15,000,000 for fiscal year 2008;
(2) $20,000,000 for fiscal year 2009;
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(3)
(4)
(5)
(6)
$30,000,000
$31,000,000
$32,000,000
$33,000,000
for
for
for
for
fiscal
fiscal
fiscal
fiscal
year
year
year
year
54
2010;
2011;
2012; and
2013.
SEC. 5012. ø42 U.S.C. 16538¿ ADVANCED RESEARCH PROJECTS AGENCY—ENERGY.
(a) DEFINITIONS.—In this section:
(1) ARPA-E.—The term ‘‘ARPA-E’’ means the Advanced
Research Projects Agency—Energy established by subsection
(b).
(2) DIRECTOR.—The term ‘‘Director’’ means the Director of
ARPA-E appointed under subsection (d).
(3) FUND.—The term ‘‘Fund’’ means the Energy Transformation Acceleration Fund established under subsection
(o)(1).
(b) ESTABLISHMENT.—There is established the Advanced Research Projects Agency—Energy within the Department to overcome the long-term and high-risk technological barriers in the development of transformative science and technology solutions to address the energy and environmental missions of the Department.
(c) GOALS.—
(1) IN GENERAL.—The goals of ARPA-E shall be—
(A) to enhance the economic and energy security of the
United States through the development of energy technologies that—
(i) reduce imports of energy from foreign sources;
(ii) reduce energy-related emissions, including
greenhouse gases;
(iii) improve the energy efficiency of all economic
sectors;
(iv) provide transformative solutions to improve
the management, clean-up, and disposal of radioactive
waste and spent nuclear fuel; and
(v) improve the resilience, reliability, and security
of infrastructure to produce, deliver, and store energy;
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 advanced technology projects
by—
(A) identifying and promoting revolutionary advances
in fundamental and applied 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.
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(2) QUALIFICATIONS.—The Director shall be an individual
who, by reason of professional background and experience, is
especially qualified to advise the Secretary on, and manage research programs addressing, matters pertaining to long-term
and high-risk technological barriers to the development of energy technologies.
(3) RELATIONSHIP TO SECRETARY.—The Director shall report to the Secretary.
(4) RELATIONSHIP TO OTHER PROGRAMS.—No other programs within the Department shall report to the Director.
(e) RESPONSIBILITIES.—The responsibilities of the Director shall
include—
(1) approving all new programs within ARPA-E;
(2) developing funding criteria and assessing the success of
programs through the establishment of technical milestones;
(3) administering the Fund through awards to institutions
of higher education, companies, research foundations, trade
and industry research collaborations, or consortia of such entities, which may include federally-funded research and development centers, to achieve the goals described in subsection (c)
through targeted acceleration of—
(A) novel early-stage research with possible technology
applications;
(B) development of techniques, processes, and technologies, and related testing and evaluation;
(C) research and development of advanced manufacturing process and technologies for the domestic manufacturing of novel energy technologies; and
(D) coordination with nongovernmental entities for
demonstration of technologies and research applications to
facilitate technology transfer;
(4) terminating programs carried out under this section
that are not achieving the goals of the programs; and
(5) pursuant to subsection (c)(2)(C)—
(A) ensuring that applications for funding disclose the
extent of current and prior efforts, including monetary investments as appropriate, in pursuit of the technology area
for which funding is being requested;
(B) adopting measures to ensure that, in making
awards, program managers adhere to the purposes of subsection (c)(2)(C); and
(C) providing as part of the annual report required by
subsection (h)(1) a summary of the instances of and reasons for ARPA–E funding projects in technology areas already being undertaken by industry.
(f) AWARDS.—In carrying out this section, the Director may
provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions.
(g) PERSONNEL.—
(1) IN GENERAL.—The Director shall establish and maintain within ARPA–E a staff with sufficient qualifications and
expertise to enable ARPA–E to carry out the responsibilities of
ARPA–E under this section in conjunction with other operations of the Department.
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(2) PROGRAM DIRECTORS.—
(A) IN GENERAL.—The Director shall designate employees to serve as program directors for the programs established pursuant to the responsibilities established for
ARPA-E under subsection (e).
(B) RESPONSIBILITIES.—A program director of a program shall be responsible for—
(i) establishing research and development goals
for the program, including through the convening of
workshops and conferring with outside experts, and
publicizing the goals of the program to the public and
private sectors;
(ii) soliciting applications for specific areas of particular promise, especially areas that the private sector or the Federal Government are not likely to undertake alone;
(iii) building research collaborations for carrying
out the program;
(iv) selecting on the basis of merit each of the
projects to be supported under the program after considering—
(I) the novelty and scientific and technical
merit of the proposed projects;
(II) the demonstrated capabilities of the applicants to successfully carry out the proposed
project;
(III) the consideration by the applicant of future commercial applications of the project, including the feasibility of partnering with 1 or more
commercial entities; and
(IV) such other criteria as are established by
the Director;
(v) identifying innovative cost-sharing arrangements for ARPA–E projects, including through use of
the authority provided under section 988(b)(3) of the
Energy Policy Act of 2005 (42 U.S.C. 16352(b)(3));
(vi) monitoring the progress of projects supported
under the program;
(vii) identifying mechanisms for commercial application of successful energy technology development
projects, including through establishment of partnerships between awardees and commercial entities; and
(viii) recommending program restructure or termination of research partnerships or whole projects.
(C) TERM.—The term of a program manager shall be
not more than 3 years and may be renewed.
(3) 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;
(ii) fix the basic pay of such personnel at a rate to
be determined by the Director at rates not in excess
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of Level II of the Executive Schedule (EX–II) without
regard to the civil service laws; and
(iii) pay any employee appointed under this subparagraph payments in addition to basic pay, except
that the total amount of additional payments paid to
an employee under this subparagraph for any 12month period shall not exceed the least of the following amounts:
(I) $25,000.
(II) The amount equal to 25 percent of the annual rate of basic pay of the employee.
(III) The amount of the limitation that is applicable for a calendar year under section
5307(a)(1) of title 5, United States Code.
(B) NUMBER.—The Director shall appoint not more
than 120 personnel under this section.
(C) PRIVATE RECRUITING FIRMS.—The Secretary, or the
Director serving as an agent of the Secretary, may contract
with private recruiting firms for the hiring of qualified
technical staff to carry out this section.
(D) ADDITIONAL STAFF.—The Director may use all authorities in existence on the date of enactment of this Act
that are provided to the Secretary to hire administrative,
financial, and clerical staff as necessary to carry out this
section.
(h) REPORTS AND ROADMAPS.—
(1) ANNUAL REPORT.—As part of the annual budget request
submitted for each fiscal year, the Director shall provide to the
relevant authorizing and appropriations committees of Congress a report that—
(A) describes projects supported by ARPA–E during
the previous fiscal year;
(B) describes projects supported by ARPA–E during
the previous fiscal year that examine topics and technologies closely related to other activities funded by the
Department, and includes an analysis of whether in supporting such projects, the Director is in compliance with
subsection (i)(1); and
(C) describes current, proposed, and planned projects
to be carried out pursuant to subsection (e)(3)(D).
(2) STRATEGIC VISION ROADMAP.—Not later than October 1,
2021, and every four years thereafter, the Director shall provide to the relevant authorizing and appropriations committees
of Congress a roadmap describing the strategic vision that
ARPA–E will use to guide the choices of ARPA–E for future
technology investments over the following 4 fiscal years.
(i) COORDINATION AND NONDUPLICATION.—
(1) IN GENERAL.—To the maximum extent practicable, the
Director shall ensure that—
(A) the activities of ARPA–E are coordinated with, and
do not duplicate the efforts of, programs and laboratories
within the Department and other relevant research agencies; and
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(B) ARPA–E does not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the
project is not independently commercially viable.
(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).
(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Director
shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate energy technologies resulting from activities funded through ARPA–E.
(k) ADVICE.—
(1) ADVISORY COMMITTEES.—The Director may seek advice
on any aspect of ARPA-E from—
(A) an existing Department of Energy advisory committee; and
(B) a new advisory committee organized to support the
programs of ARPA-E and to provide advice and assistance
on—
(i) specific program tasks; or
(ii) overall direction of ARPA-E.
(2) ADDITIONAL SOURCES OF ADVICE.—In carrying out this
section, the Director may seek advice and review from—
(A) the President’s Committee of Advisors on Science
and Technology; and
(B) any professional or scientific organization with expertise in specific processes or technologies under development by ARPA-E.
(l) ARPA-E EVALUATION.—
(1) IN GENERAL.—Not later than 3 years after the date of
enactment of this paragraph, the Secretary is authorized 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 may include—
(A) a recommendation on whether ARPA-E should be
continued or terminated; and
(B) a description of lessons learned from operation of
ARPA-E, and the manner in which those lessons may
apply to the operation of other programs of the Department.
(3) AVAILABILITY.—On completion of the evaluation, the
evaluation shall be made available to Congress and the public.
(m) EXISTING AUTHORITIES.—The authorities granted by this
section are—
(1) in addition to existing authorities granted to the Secretary; and
(2) are not intended to supersede or modify any existing
authorities.
(n) PROTECTION OF INFORMATION.—The following types of information collected by ARPA–E from recipients of financial assistance
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awards shall be considered commercial and financial information
obtained from a person and privileged or confidential and not subject to disclosure under section 552(b)(4) of title 5, United States
Code:
(1) Plans for commercialization of technologies developed
under the award, including business plans, technology-to-market plans, market studies, and cost and performance models.
(2) Investments provided to an awardee from third parties
(such as venture capital firms, hedge funds, and private equity
firms), including amounts and the percentage of ownership of
the awardee provided in return for the investments.
(3) Additional financial support that the awardee—
(A) plans to or has invested into the technology developed under the award; or
(B) is seeking from third parties.
(4) Revenue from the licensing or sale of new products or
services resulting from research conducted under the award.
(o) FUNDING.—
(1) FUND.—There is established in the Treasury of the
United States a fund, to be known as the ‘‘Energy Transformation Acceleration Fund’’, which shall be administered by
the Director for the purposes of carrying out this section.
(2) AUTHORIZATION OF APPROPRIATIONS.—Subject to paragraph (4), there are authorized to be appropriated to the Director for deposit in the Fund, without fiscal year limitation—
(A) $435,000,000 for fiscal year 2021;
(B) $500,000,000 for fiscal year 2022;
(C) $575,000,000 for fiscal year 2023;
(D) $662,000,000 for fiscal year 2024; and
(E) $761,000,000 for fiscal year 2025.
(3) SEPARATE BUDGET AND APPROPRIATION.—
(A) BUDGET REQUEST.—The budget request for ARPAE shall be separate from the rest of the budget of the Department.
(B) APPROPRIATIONS.—Appropriations to the Fund
shall be separate and distinct from the rest of the budget
for the Department.
(4) 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 5 percent of the amount shall be used for
technology transfer and outreach activities, consistent with
the goal described in subsection (c)(2)(C) and within the responsibilities of program directors described in subsection
(g)(2)(B)(vii); 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.
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TITLE VI—EDUCATION
SEC. 6001. ø20 U.S.C. 9802¿ DEFINITIONS.
(a) 4 ESEA DEFINITIONS.—Unless
otherwise specified in this
title, the terms used in this title have the meanings given the
terms in section 8101 of the Elementary and Secondary Education
Act of 1965.
(b) OTHER DEFINITIONS.—In this title:
(1) CRITICAL FOREIGN LANGUAGE.—The term ‘‘critical foreign language’’ means a foreign language that the Secretary
determines, in consultation with the heads of such Federal departments and agencies as the Secretary determines appropriate, is critical to the national security and economic competitiveness of the United States.
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education.
(4) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientifically valid research’’ includes applied research, basic research,
and field-initiated research in which the rationale, design, and
interpretation are soundly developed in accordance with accepted principles of scientific research.
Subtitle A—Teacher Assistance
PART I—TEACHERS FOR A COMPETITIVE
TOMORROW
øSections 6111-6116 were repealed by section 205(b) of Public
Law 114-329.¿
PART II—ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS
SEC. 6121. ø20 U.S.C. 9831¿ PURPOSE.
It is the purpose of this part—
(1) to raise academic achievement through Advanced
Placement and International Baccalaureate programs by increasing, by 70,000, over a 4-year period beginning in 2008, the
number of teachers serving high-need schools who are qualified
to teach Advanced Placement or International Baccalaureate
courses in mathematics, science, and critical foreign languages;
(2) to increase, to 700,000 per year, the number of students
attending high-need schools who—
4 Section 9215(i)(1) of Public Law 114–95 made an amendment to section 6002(a) of Public
Law 110-69. However, this amendment was executed to section 6001(a) to reflect the probable
intent of Congress due to the renumbering of section 6002 as section 6001 by section 1002(b)(1)
of Public Law 111–358.
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(A) take and score a 3, 4, or 5 on an Advanced Placement examination in mathematics, science, or a critical
foreign language administered by the College Board; or
(B) achieve a passing score on an examination administered by the International Baccalaureate Organization in
such a subject;
(3) to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses in
mathematics, science, and critical foreign languages, and preAdvanced Placement or pre-International Baccalaureate
courses in such subjects, in high-need schools; and
(4) to support statewide efforts to increase the availability
of, and enrollment in, Advanced Placement or International
Baccalaureate courses in mathematics, science, and critical foreign languages, and pre-Advanced Placement or pre-International Baccalaureate courses in such subjects, in high-need
schools.
SEC. 6122. ø20 U.S.C. 9832¿ DEFINITIONS.
In this part:
(1) ADVANCED PLACEMENT OR INTERNATIONAL BACCALAUREATE COURSE.—The term ‘‘Advanced Placement or International Baccalaureate course’’ means—
(A) a course of college-level instruction provided to secondary school students, terminating in an examination administered by the College Board or the International Baccalaureate Organization, or another such examination approved by the Secretary; or
(B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in an examination administered by another nationally recognized educational organization that has a demonstrated record of effectiveness in assessing secondary school students, or another such examination approved by the Secretary.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State educational agency;
(B) a local educational agency; or
(C) a partnership consisting of—
(i) a national, regional, or statewide nonprofit organization, with expertise and experience in providing
Advanced Placement or International Baccalaureate
services; and
(ii) a State educational agency or local educational
agency.
(3) LOW-INCOME STUDENT.—The term ‘‘low-income student’’
means an individual who is determined by a State educational
agency or local educational agency to be a child ages 5 through
19, from a low-income family, on the basis of data used by the
Secretary to determine allocations under section 1124 of the
Elementary and Secondary Education Act of 1965, data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act, data on children in
families receiving assistance under part A of title IV of the Social Security Act, or data on children eligible to receive medical
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assistance under the Medicaid program under title XIX of the
Social Security Act, or through an alternate method that combines or extrapolates from those data.
(4) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The
term ‘‘high concentration of low-income students’’, used with
respect to a school, means a school that serves a student population 40 percent or more of who are low-income students.
(5) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘‘high-need local educational agency’’ means a local educational
agency or educational service agency described in 6112(3)(A).
(6) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’
means a secondary school—
(A) with a pervasive need for Advanced Placement or
International Baccalaureate courses in mathematics,
science, or critical foreign languages, or for additional Advanced Placement or International Baccalaureate courses
in such a subject; and
(B)(i) with a high concentration of low-income students; or
(ii) designated with a school locale code of 41, 42, or
43, as determined by the Secretary.
SEC. 6123. ø20 U.S.C. 9833¿ ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS.
(a) PROGRAM AUTHORIZED.—From the amounts appropriated
under subsection (l), the Secretary is authorized to award grants,
on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsection
(g).
(b) DURATION OF GRANTS.—The Secretary may award grants
under this section for a period of not more than 5 years.
(c) COORDINATION.—The Secretary shall coordinate any activities carried out under section 4104 or 4107 of the Elementary and
Secondary Education Act of 1965 that provide students access to
accelerated learning programs that provide—
(1) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment programs, and early college high schools; or
(2) postsecondary level instruction and examinations that
are accepted for credit at institutions of higher education, including Advanced Placement and International Baccalaureate
programs.
(d) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to eligible entities that are part of a statewide strategy for increasing—
(1) the availability of Advanced Placement or International
Baccalaureate courses in mathematics, science, and critical foreign languages, and pre-Advanced Placement or pre-International Baccalaureate courses in such subjects, in high-need
schools; and
(2) the number of students who participate in Advanced
Placement or International Baccalaureate courses in mathematics, science, and critical foreign language in high-need
schools, and take and score a 3, 4, or 5 on an Advanced Placement examination in such a subject, or pass an examination
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administered by the International Baccalaureate Organization
in such a subject in such schools.
(e) EQUITABLE DISTRIBUTION.—The Secretary, to the extent
practicable, shall—
(1) ensure an equitable geographic distribution of grants
under this section among the States; and
(2) promote an increase in participation in Advanced
Placement or International Baccalaureate mathematics,
science, and critical foreign language courses and examinations
in all States.
(f) APPLICATION.—
(1) IN GENERAL.—Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may reasonably require.
(2) CONTENTS.—The application shall, at a minimum, include a description of—
(A) the goals and objectives for the project, including—
(i) increasing the number of teachers serving highneed schools who are qualified to teach Advanced
Placement or International Baccalaureate courses in
mathematics, science, or critical foreign languages;
(ii) increasing the number of qualified teachers
serving high-need schools who are teaching Advanced
Placement or International Baccalaureate courses in
mathematics, science, or critical foreign languages to
students in the high-need schools;
(iii) increasing the number of Advanced Placement
or International Baccalaureate courses in mathematics, science, and critical foreign languages that are
available to students attending high-need schools; and
(iv) increasing the number of students attending a
high-need school, particularly low-income students,
who enroll in and pass—
(I) Advanced Placement or International Baccalaureate courses in mathematics, science, or
critical foreign languages; and
(II) pre-Advanced Placement or pre-International Baccalaureate courses in such a subject
(where provided in accordance with subparagraph
(B));
(B) how the eligible entity will ensure that students
have access to courses, including pre-Advanced Placement
and pre-International Baccalaureate courses, that will prepare the students to enroll and succeed in Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;
(C) how the eligible entity will provide professional development for teachers assisted under this section;
(D) how the eligible entity will ensure that teachers
serving high-need schools are qualified to teach Advanced
Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;
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(E) how the eligible entity will provide for the involvement of business and community organizations and other
entities, including institutions of higher education, in the
activities to be assisted; and
(F) how the eligible entity will use funds received
under this section, including how the eligible entity will
evaluate the success of its project.
(g) AUTHORIZED ACTIVITIES.—
(1) IN GENERAL.—Each eligible entity that receives a grant
under this section shall use the grant funds to carry out activities designed to increase—
(A) the number of qualified teachers serving high-need
schools who are teaching Advanced Placement or International Baccalaureate courses in mathematics, science, or
critical foreign languages; and
(B) the number of students attending high-need
schools who enroll in, and pass, the examinations for such
Advanced Placement or International Baccalaureate
courses.
(2) PERMISSIVE ACTIVITIES.—The activities described in
paragraph (1) may include—
(A) teacher professional development, in order to expand the pool of teachers in the participating State, local
educational agency, or high-need school who are qualified
to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign
languages;
(B) pre-Advanced Placement or pre-International Baccalaureate course development and professional development;
(C) coordination and articulation between grade levels
to prepare students to enroll and succeed in Advanced
Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;
(D) purchase of instructional materials;
(E) activities to increase the availability of, and participation in, online Advanced Placement or International
Baccalaureate courses in mathematics, science, and critical
foreign languages;
(F) reimbursing low-income students attending highneed schools for part or all of the cost of Advanced Placement or International Baccalaureate examination fees;
(G) carrying out subsection (j), relating to collecting
and reporting data;
(H) in the case of a State educational agency that receives a grant under this section, awarding subgrants to
local educational agencies to enable the local educational
agencies to carry out authorized activities described in
subparagraphs (A) through (G); and
(I) providing salary increments or bonuses to teachers
serving high-need schools who—
(i) become qualified to teach, and teach, Advanced
Placement or International Baccalaureate courses in
mathematics, science, or a critical foreign language; or
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(ii) increase the number of low-income students,
who take Advanced Placement or International Baccalaureate examinations in mathematics, science, or a
critical foreign language with the goal of successfully
passing such examinations.
(h) MATCHING REQUIREMENT.—
(1) IN GENERAL.—Subject to paragraph (2), each eligible
entity that receives a grant under this section shall provide, toward the cost of the activities assisted under the grant, from
non-Federal sources, an amount equal to 100 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 50 percent of the amount of the grant.
(2) WAIVER.—The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any fiscal
year for an eligible entity described in subparagraph (A) or (B)
of section 6122(2), if the Secretary determines that applying
the matching requirement to such eligible entity would result
in serious hardship or an inability to carry out the authorized
activities described in subsection (g).
(i) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under
this section shall be used to supplement, not supplant, other Federal and non-Federal funds available to carry out the activities described in subsection (g).
(j) COLLECTING AND REPORTING REQUIREMENTS.—
(1) REPORT.—Each eligible entity receiving a grant under
this section shall collect and report to the Secretary annually
such data on the results of the grant as the Secretary may reasonably require, including data regarding—
(A) the number of students enrolling in Advanced
Placement or International Baccalaureate courses in mathematics, science, or a critical foreign language, and pre-Advanced Placement or pre-International Baccalaureate
courses in such a subject, by the grade the student is enrolled in, and the distribution of grades those students receive;
(B) the number of students taking Advanced Placement or International Baccalaureate examinations in
mathematics, science, or a critical foreign language, and
the distribution of scores on those examinations by the
grade the student is enrolled in at the time of the examination;
(C) the number of teachers receiving training in teaching Advanced Placement or International Baccalaureate
courses in mathematics, science, or a critical foreign language who will be teaching such courses in the next school
year;
(D) the number of teachers becoming qualified to teach
Advanced Placement or International Baccalaureate
courses in mathematics, science, or a critical foreign language; and
(E) the number of qualified teachers who are teaching
Advanced Placement or International Baccalaureate
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courses in mathematics, science, or critical foreign languages to students in a high-need school.
(2) REPORTING OF DATA.—Each eligible entity receiving a
grant under this section shall report data required under paragraph (1)—
(A) disaggregated by subject area;
(B) in the case of student data, disaggregated in the
same manner as information is disaggregated under section 1111(b)(2)(B)(xi) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)); and
(C) to the extent feasible, in a manner that allows
comparison of conditions before, during, and after the
project.
(k) EVALUATION AND REPORT.—From the amount made available for any fiscal year under subsection (l), the Secretary shall reserve such sums as may be necessary—
(1) to conduct an annual independent evaluation, by grant
or by contract, of the program carried out under this section,
which shall include an assessment of the impact of the program on student academic achievement; and
(2) to prepare and submit an annual report on the results
of the evaluation described in paragraph (1) to the Committee
on Health, Education, Labor, and Pensions of the Senate, the
Committee on Education and Labor of the House of Representatives, and the Committees on Appropriations of the Senate
and House of Representatives.
(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $75,000,000 for each of
fiscal years 2011 through 2013.
Subtitle B—Alignment of Education
Programs
SEC. 6201. ø20 U.S.C. 9871¿ ALIGNMENT OF SECONDARY SCHOOL GRADUATION REQUIREMENTS WITH THE DEMANDS OF 21ST
CENTURY POSTSECONDARY ENDEAVORS AND SUPPORT
FOR P-16 EDUCATION DATA SYSTEMS.
(a) PURPOSE.—It is the purpose of this section—
(1) to promote more accountability with respect to preparation for higher education, the 21st century workforce, and the
Armed Forces, by aligning—
(A) student knowledge, student skills, State academic
content standards and assessments, and curricula, in elementary and secondary education, especially with respect
to mathematics, science, reading, and, where applicable,
engineering and technology; with
(B) the demands of higher education, the 21st century
workforce, and the Armed Forces;
(2) to support the establishment or improvement of statewide P-16 education data systems that—
(A) assist States in improving the rigor and quality of
State academic content standards and assessments;
(B) ensure students are prepared to succeed in—
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(i) academic credit-bearing coursework in higher
education without the need for remediation;
(ii) the 21st century workforce; or
(iii) the Armed Forces; and
(3) enable States to have valid and reliable information to
inform education policy and practice.
(b) DEFINITIONS.—In this section:
(1) P-16 EDUCATION.—The term ‘‘P-16 education’’ means
the educational system from preschool through the conferring
of a baccalaureate degree.
(2) STATEWIDE PARTNERSHIP.—The term ‘‘statewide partnership’’ means a partnership that—
(A) shall include—
(i) the Governor of the State or the designee of the
Governor;
(ii) the heads of the State systems for public higher education, or, if such a position does not exist, not
less than 1 representative of a public degree-granting
institution of higher education;
(iii) a representative of the agencies in the State
that administer Federal or State-funded early childhood education programs;
(iv) not less than 1 representative of a public community college;
(v) not less than 1 representative of a technical
school;
(vi) not less than 1 representative of a public secondary school;
(vii) the chief State school officer;
(viii) the chief executive officer of the State higher
education coordinating board;
(ix) not less than 1 public elementary school
teacher employed in the State;
(x) not less than 1 early childhood educator in the
State;
(xi) not less than 1 public secondary school teacher employed in the State;
(xii) not less than 1 representative of the business
community in the State; and
(xiii) not less than 1 member of the Armed Forces;
and
(B) may include other individuals or representatives of
other organizations, such as a school administrator, a faculty member at an institution of higher education, a member of a civic or community organization, a representative
from a private institution of higher education, a dean or
similar representative of a school of education at an institution of higher education or a similar teacher certification
or licensure program, or the State official responsible for
economic development.
(c) GRANTS AUTHORIZED.—The Secretary is authorized to
award grants, on a competitive basis, to States to enable each such
State to work with a statewide partnership—
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(1) to promote better alignment of content knowledge requirements for secondary school graduation with the knowledge and skills needed to succeed in postsecondary education,
the 21st century workforce, or the Armed Forces; or
(2) to establish or improve a statewide P-16 education data
system.
(d) PERIOD OF GRANTS; NON-RENEWABILITY.—
(1) GRANT PERIOD.—The Secretary shall award a grant
under this section for a period of not more than 3 years.
(2) NON-RENEWABILITY.—The Secretary shall not award a
State more than 1 grant under this section.
(e) AUTHORIZED ACTIVITIES.—
(1) GRANTS FOR P-16 ALIGNMENT.—Each State receiving a
grant under subsection (c)(1)—
(A) shall use the grant funds for—
(i) identifying and describing the content knowledge and skills students who enter institutions of
higher education, the workforce, and the Armed
Forces need to have in order to succeed without any
remediation based on detailed requirements obtained
from institutions of higher education, employers, and
the Armed Forces;
(ii) identifying and making changes that need to
be made to a State’s secondary school graduation requirements, academic content standards, academic
achievement standards, and assessments preceding
graduation from secondary school in order to align the
requirements, standards, and assessments with the
knowledge and skills necessary for success in academic credit-bearing coursework in postsecondary education, in the 21st century workforce, and in the
Armed Forces without the need for remediation;
(iii) convening stakeholders within the State and
creating a forum for identifying and deliberating on
education issues that—
(I) involve preschool through grade 12 education, postsecondary education, the 21st century
workforce, and the Armed Forces; and
(II) transcend any single system of education’s
ability to address; and
(iv) implementing activities designed to ensure the
enrollment of all elementary school and secondary
school students in rigorous coursework, which may include—
(I) specifying the courses and performance
levels necessary for acceptance into institutions of
higher education; and
(II) developing or providing guidance to local
educational agencies within the State on the adoption of curricula and assessments aligned with
State academic content standards, which assessments may be used as measures of student academic achievement in secondary school as well as
for entrance or placement at institutions of higher
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education, including through collaboration with
institutions of higher education in, or State educational agencies serving, other States; and
(B) may use the grant funds for—
(i) developing and making available specific opportunities for extensive professional development for
teachers, paraprofessionals, principals, and school administrators, including collection and dissemination of
effective teaching practices to improve instruction and
instructional support mechanisms;
(ii) identifying changes in State academic content
standards, academic achievement standards, and assessments for students in grades preceding secondary
school in order to ensure such standards and assessments are appropriately aligned and adequately reflect
the content needed to prepare students to enter secondary school;
(iii) developing a plan to provide remediation and
additional learning opportunities for students who are
performing below grade level to ensure that all students will have the opportunity to meet secondary
school graduation requirements;
(iv) identifying and addressing teacher certification needs; or
(v) incorporating 21st century learning skills into
the State plan, which skills shall include critical
thinking, problem solving, communication, collaboration, global awareness, and business and financial literacy.
(2) GRANTS FOR STATEWIDE P-16 EDUCATION DATA SYSTEMS.—
(A) ESTABLISHMENT OF SYSTEM.—Each State that receives a grant under subsection (c)(2) shall establish a
statewide P-16 education longitudinal data system that—
(i) provides each student, upon enrollment in a
public elementary school or secondary school in the
State, with a unique identifier, such as a bar code,
that—
(I) does not permit a student to be individually identified by users of the system; and
(II) is retained throughout the student’s enrollment in P-16 education in the State; and
(ii) meets the requirements of subparagraphs (B)
through (E).
(B) IMPROVEMENT OF EXISTING SYSTEM.—Each State
that receives a grant under subsection (c)(2) for the improvement of a statewide P-16 education data system may
employ, coordinate, or revise an existing statewide data
system to establish a statewide longitudinal P-16 education data system that meets the requirements of subparagraph (A), if the statewide longitudinal P-16 education
data system produces valid and reliable data.
(C) PRIVACY AND ACCESS TO DATA.—
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(i) IN GENERAL.—Each State that receives a grant
under subsection (c)(2) shall implement measures to—
(I) ensure that the statewide P-16 education
data system meets the requirements of section
444 of the General Education Provisions Act (20
U.S.C. 1232g) (commonly known as the Family
Educational Rights and Privacy Act of 1974);
(II) limit the use of information in the statewide P-16 education data system by institutions of
higher education and State or local educational
agencies or institutions to the activities set forth
in paragraph (1) or State law regarding education,
consistent with the purposes of this subtitle;
(III) prohibit the disclosure of personally identifiable information except as permitted under section 444 of the General Education Provisions Act
and any additional limitations set forth in State
law;
(IV) keep an accurate accounting of the date,
nature, and purpose of each disclosure of personally identifiable information in the statewide P-16
education data system, a description of the information disclosed, and the name and address of the
person, agency, institution, or entity to whom the
disclosure is made, which accounting shall be
made available on request to parents of any student whose information has been disclosed;
(V) notwithstanding section 444 of the General Education Provisions Act, require any nongovernmental party obtaining personally identifiable information to sign a data use agreement
prior to disclosure that—
(aa) prohibits the party from further disclosing the information;
(bb) prohibits the party from using the information for any purpose other than the purpose specified in the agreement; and
(cc) requires the party to destroy the information when the purpose for which the disclosure was made is accomplished;
(VI) maintain adequate security measures to
ensure the confidentiality and integrity of the
statewide P-16 education data system, such as
protecting a student record from identification by
a unique identifier;
(VII) where rights are provided to parents
under this clause, provide those rights to the student instead of the parent if the student has
reached the age of 18 or is enrolled in a postsecondary educational institution; and
(VIII) ensure adequate enforcement of the requirements of this clause.
(ii) USE OF UNIQUE IDENTIFIERS.—
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(I) GOVERNMENTAL USE OF UNIQUE IDENTIFIERS.—It shall be unlawful for any Federal,
State, or local governmental agency to use the
unique identifiers employed in the statewide P-16
education data systems for any purpose other
than as authorized by Federal or State law regarding education, or to deny any individual any
right, benefit, or privilege provided by law because
of such individual’s refusal to disclose the individual’s unique identifier.
(II) REGULATIONS.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall promulgate regulations governing the
use by governmental and non-governmental entities of the unique identifiers employed in statewide P-16 education data systems, including,
where necessary, regulations requiring States desiring grants for statewide P-16 education data
systems under this section to implement specified
measures, with the goal of safeguarding individual
privacy to the maximum extent practicable consistent with the uses of the information authorized in this Act or other Federal or State law regarding education.
(D) REQUIRED ELEMENTS OF A STATEWIDE P-16 EDUCATION DATA SYSTEM.—The State shall ensure that the
statewide P-16 education data system includes the following elements:
(i) PRESCHOOL THROUGH GRADE 12 EDUCATION AND
POSTSECONDARY EDUCATION.—With respect to preschool through grade 12 education and postsecondary
education—
(I) a unique statewide student identifier that
does not permit a student to be individually identified by users of the system;
(II) student-level enrollment, demographic,
and program participation information;
(III) student-level information about the
points at which students exit, transfer in, transfer
out, drop out, or complete P-16 education programs;
(IV) the capacity to communicate with higher
education data systems; and
(V) a State data audit system assessing data
quality, validity, and reliability.
(ii) PRESCHOOL THROUGH GRADE 12 EDUCATION.—
With respect to preschool through grade 12 education—
(I) 5 yearly test records of individual students
with respect to assessments under section
5 Section
9215(i)(4) of Public Law 114–95 provides for an amendment to section
6401(e)(2)(D)(ii)(I) of Public Law 110–69 by striking ‘‘yearly test records of individual students
with respect to assessments under section 1111(b) of the Elementary and Secondary Education
Continued
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1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2));
(II) information on students not tested by
grade and subject;
(III) a teacher identifier system with the ability to match teachers to students;
(IV) student-level transcript information, including information on courses completed and
grades earned; and
(V) student-level college readiness test scores.
(iii) POSTSECONDARY EDUCATION.—With respect to
postsecondary education, data that provide—
(I) information regarding the extent to which
students transition successfully from secondary
school to postsecondary education, including
whether students enroll in remedial coursework;
and
(II) other information determined necessary to
address alignment and adequate preparation for
success in postsecondary education.
(E) FUNCTIONS OF THE STATEWIDE P-16 EDUCATION
DATA SYSTEM.—In implementing the statewide P-16 education data system, the State shall—
(i) identify factors that correlate to students’ ability to successfully engage in and complete 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 academically prepared to enter and successfully complete postsecondary-level general education coursework; and
(iii) use the data in the system to otherwise inform education policy and practice in order to better
align State academic content standards, and curricula,
with the demands of postsecondary education, the 21st
century workforce, and the Armed Forces.
(f) APPLICATION.—
(1) IN GENERAL.—Each State desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require.
(2) APPLICATION CONTENTS.—Each application submitted
under this section shall specify whether the State application
is for the conduct of P-16 education alignment activities, or the
establishment or improvement of a statewide P-16 education
data system. The application shall include, at a minimum, the
following:
(A) A description of the activities and programs to be
carried out with the grant funds and a comprehensive plan
for carrying out the activities.
Act of 1965 (20 U.S.C. 6311(b))’’ and inserting ‘‘yearly test records of individual students with
respect to assessments under section 1111(b)(2) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2))’’. Such amendment was carried out to section 6201 (as redesignated by section 1002(b)(3) of Public Law 111–358) to reflect the probable intent of Congress.
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(B) A description of how the concerns and interests of
the larger education community, including parents, students, teachers, teacher educators, principals, and preschool administrators will be represented in carrying out
the authorized activities described in subsection (e).
(C) In the case of a State applying for funding for P16 education alignment, a description of how the State will
provide assistance to local educational agencies in implementing rigorous State academic content standards, substantive curricula, remediation, and acceleration opportunities for students, as well as other changes determined
necessary by the State.
(D) In the case of a State applying for funding to establish or improve a statewide P-16 education data system—
(i) a description of the privacy protection and enforcement measures that the State has implemented
or will implement pursuant to subsection (e)(2)(C), and
assurances that these measures will be in place prior
to the establishment or improvement of the statewide
P-16 education data system; and
(ii) an assurance that the State will continue to
fund the statewide P-16 education data system after
the end of the grant period.
(g) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under
this section shall be used to supplement, not supplant, other Federal, State, and local funds available to carry out the authorized activities described in subsection (e).
(h) MATCHING REQUIREMENT.—Each State that receives a
grant under this section shall provide, from non-Federal sources,
an amount equal to 100 percent of the amount of the grant, in cash
or in kind, to carry out the activities supported by the grant.
(i) RULE OF CONSTRUCTION.—
(1) NO RAW DATA REQUIREMENT.—Nothing in this section
shall be construed to require States to provide raw data to the
Secretary.
(2) PRIVATE OR HOME SCHOOLS.—Nothing in this section
shall be construed to affect any private school that does not receive funds or services under this Act or any home school,
whether or not the home school is treated as a home school or
a private school under State law, including imposing new requirements for students educated through a home school seeking admission to institutions of higher education.
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $120,000,000 for each
of fiscal years 2011 and 2012.
TITLE VII—NATIONAL SCIENCE
FOUNDATION
SEC. 7001. ø42 U.S.C. 1862o nt¿ DEFINITIONS.
In this title:
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(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 8101 of the Elementary and Secondary Education Act of 1965.
(5) FOUNDATION.—The term ‘‘Foundation’’ means the National Science Foundation.
(6) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(7) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has
the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965.
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.
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized
under paragraph (1)—
(A) $5,156,000,000 shall be made available for research and related activities, of which—
(i) $115,000,000 shall be made available for the
Major Research Instrumentation program;
(ii) $165,400,000 shall be made available for the
Faculty Early Career Development (CAREER) Program;
(iii) $61,600,000 shall be made available for the
Research Experiences for Undergraduates program;
(iv) $120,000,000 shall be made available for the
Experimental Program to Stimulate Competitive Research;
(v) $47,300,000 shall be made available for the Integrative
Graduate
Education
and
Research
Traineeship program;
(vi) $9,000,000 shall be made available for the
Graduate Research Fellowship program; and
(vii) $10,000,000 shall be made available for the
professional science master’s degree program under
section 7034;
(B) $896,000,000 shall be made available for education
and human resources, of which—
(i) $100,000,000 shall be for Mathematics and
Science Education Partnerships established under section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n);
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(ii) $89,800,000 shall be for the Robert Noyce
Scholarship Program established under section 10 of
the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-1);
(iii) $40,000,000 shall be for the Science, Mathematics, Engineering, and Technology Talent Expansion Program established under section 8(7) of the National Science Foundation Authorization Act of 2002
(Public Law 107-368);
(iv) $52,000,000 shall be for the Advanced Technological Education program established by section 3(a)
of the Scientific and Advanced-Technology Act of 1992
(Public Law 102-476);
(v) $27,100,000 shall be made available for the Integrative
Graduate
Education
and
Research
Traineeship program; and
(vi) $96,600,000 shall be made available for the
Graduate Research Fellowship program;
(C) $245,000,000 shall be made available for major research equipment and facilities construction;
(D) $285,600,000 shall be made available for agency
operations and award management;
(E) $4,050,000 shall be made available for the Office
of the National Science Board; and
(F) $12,350,000 shall be made available for the Office
of Inspector General.
(b) FISCAL YEAR 2009.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Foundation $7,326,000,000 for fiscal year 2009.
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized
under paragraph (1)—
(A) $5,742,300,000 shall be made available for research and related activities, of which—
(i) $123,100,000 shall be made available for the
Major Research Instrumentation program;
(ii) $183,600,000 shall be made available for the
Faculty Early Career Development (CAREER) Program;
(iii) $68,400,000 shall be made available for the
Research Experiences for Undergraduates program;
(iv) $133,200,000 shall be made available for the
Experimental Program to Stimulate Competitive Research;
(v) $52,500,000 shall be made available for the Integrative
Graduate
Education
and
Research
Traineeship program;
(vi) $10,000,000 shall be made available for the
Graduate Research Fellowship program; and
(vii) $12,000,000 shall be made available for the
professional science master’s degree program under
section 7034;
(B) $995,000,000 shall be made available for education
and human resources, of which—
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(i) $111,000,000 shall be for Mathematics and
Science Education Partnerships established under section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n);
(ii) $115,000,000 shall be for the Robert Noyce
Scholarship Program established under section 10 of
the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-1);
(iii) $50,000,000 shall be for the Science, Mathematics, Engineering, and Technology Talent Expansion Program established under section 8(7) of the National Science Foundation Authorization Act of 2002
(Public Law 107-368);
(iv) $57,700,000 shall be for the Advanced Technological Education program as established by section
3(a) of the Scientific and Advanced-Technology Act of
1992 (Public Law 102-476);
(v) $30,100,000 shall be made available for the Integrative
Graduate
Education
and
Research
Traineeship program; and
(vi) $107,200,000 shall be made available for the
Graduate Research Fellowship program;
(C) $262,000,000 shall be made available for major research equipment and facilities construction;
(D) $309,760,000 shall be made available for agency
operations and award management;
(E) $4,190,000 shall be made available for the Office
of the National Science Board; and
(F) $12,750,000 shall be made available for the Office
of Inspector General.
(c) FISCAL YEAR 2010.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Foundation $8,132,000,000 for fiscal year 2010.
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized
under paragraph (1)—
(A) $6,401,000,000 shall be made available for research and related activities, of which—
(i) $131,700,000 shall be made available for the
Major Research Instrumentation program;
(ii) $203,800,000 shall be made available for the
Faculty Early Career Development (CAREER) Program;
(iii) $75,900,000 shall be made available for the
Research Experiences for Undergraduates program;
(iv) $147,800,000 shall be made available for the
Experimental Program to Stimulate Competitive Research;
(v) $58,300,000 shall be made available for the Integrative
Graduate
Education
and
Research
Traineeship program;
(vi) $11,100,000 shall be made available for the
Graduate Research Fellowship program; and
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(vii) $15,000,000 shall be made available for the
professional science master’s degree program under
section 7034;
(B) $1,104,000,000 shall be made available for education and human resources, of which—
(i) $123,200,000 shall be for Mathematics and
Science Education Partnerships established under section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n);
(ii) $140,500,000 shall be for the Robert Noyce
Scholarship Program established under section 10 of
the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-1);
(iii) $55,000,000 shall be for the Science, Mathematics, Engineering, and Technology Talent Expansion Program established under section 8(7) of the National Science Foundation Authorization Act of 2002
(Public Law 107-368);
(iv) $64,000,000 shall be for the Advanced Technological Education program as established by section
3(a) of the Scientific and Advanced-Technology Act of
1992 (Public Law 102-476);
(v) $33,400,000 shall be made available for the Integrative
Graduate
Education
and
Research
Traineeship program; and
(vi) $119,000,000 shall be made available for the
Graduate Research Fellowship program;
(C) $280,000,000 shall be made available for major research equipment and facilities construction;
(D) $329,450,000 shall be made available for agency
operations and award management;
(E) $4,340,000 shall be made available for the Office
of the National Science Board; and
(F) $13,210,000 shall be made available for the Office
of Inspector General.
SEC. 7003. ø42 U.S.C. 1862o nt¿ REAFFIRMATION OF THE MERIT-REVIEW
PROCESS OF THE NATIONAL SCIENCE FOUNDATION.
Nothing in this title or title I, or the amendments made by this
title or title I, shall be interpreted to require or recommend that
the Foundation—
(1) alter or modify its merit-review system or peer-review
process; or
(2) exclude the awarding of any proposal by means of the
merit-review or peer-review process.
SEC. 7004. SENSE OF THE CONGRESS REGARDING THE MATHEMATICS
AND SCIENCE PARTNERSHIP PROGRAMS OF THE DEPARTMENT OF EDUCATION AND THE NATIONAL SCIENCE
FOUNDATION.
It is the sense of the Congress that—
(1) although the mathematics and science education partnership program at the Foundation and the mathematics and
science partnership program at the Department of Education
practically share the same name, the 2 programs are intended
to be complementary, not duplicative;
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(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. ø42 U.S.C. 1862o nt¿ 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’’.
SEC. 7007. INTERDISCIPLINARY RESEARCH.
(a) IN GENERAL.—The Board shall evaluate
the role of the
Foundation in supporting interdisciplinary research, including
through the Major Research Instrumentation program, the effectiveness of the Foundation’s efforts in providing information to the
scientific community about opportunities for funding of interdisciplinary research proposals, and the process through which
interdisciplinary proposals are selected for support. The Board
shall also evaluate the effectiveness of the Foundation’s efforts to
engage undergraduate students in research experiences in interdisciplinary settings, including through the Research in Undergraduate Institutions program and the Research Experiences for
Undergraduates program.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Board shall provide the results of its evaluation
under subsection (a), including a recommendation for the proportion of the Foundation’s research and related activities funding
that should be allocated for interdisciplinary research, to the Committee on Science and Technology of the House of Representatives
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and the Committee on Commerce, Science, and Transportation and
the Committee on Health, Education, Labor, and Pensions of the
Senate.
SEC. 7008. ø42 U.S.C. 1862o¿ POSTDOCTORAL RESEARCH FELLOWS.
(a) MENTORING.—The Director shall require that all grant
applications that include funding to support postdoctoral and graduate student 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. The requirement may
be satisfied by providing such individuals with access to mentors,
including individuals not listed on the award. Mentoring activities
may include career counseling, training in preparing grant applications, guidance on ways to improve teaching skills, and training in
research ethics.
(b) REPORTS.—The Director shall require that annual reports
and the final report for research grants that include funding to
support postdoctoral researchers include a description of the mentoring activities provided to such researchers.
SEC. 7009. ø42 U.S.C. 1862o-1¿ RESPONSIBLE CONDUCT OF RESEARCH.
The Director shall require that each institution that applies for
financial assistance from the Foundation for science and engineering research or education describe in its grant proposal a plan to
provide appropriate training and oversight in the responsible and
ethical conduct of research to undergraduate students, graduate
students, postdoctoral researchers, faculty, and other senior personnel participating in the proposed research project, including—
(1) mentor training and mentorship;
(2) training to raise awareness of potential research security threats; and
(3) Federal export control, disclosure, and reporting requirements.
SEC. 7010. ø42 U.S.C. 1862o-2¿ 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. ø42 U.S.C. 1862o-3¿ 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 ineligible for a future award under any Foundation supported program
or activity. The Director may restore the eligibility of such an investigator on the basis of the investigator’s subsequent compliance
with the provisions of section 734 of the Foundation Grant Policy
Manual and with such other terms and conditions as the Director
may impose.
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SEC. 7012. ø42 U.S.C. 1862o-4¿ FUNDING FOR SUCCESSFUL SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION PROGRAMS.
(a) EVALUATION OF PROGRAMS.—The Director shall, on an an-
nual basis, evaluate all of the Foundation’s grants that are scheduled to expire within 1 year and—
(1) that have the primary purpose of meeting the objectives of the Science and Engineering Equal Opportunity Act
(42 U.S.C. 1885 et seq.); or
(2) that have the primary purpose of providing teacher professional development.
(b) CONTINUATION OF FUNDING.—For grants that are identified
under subsection (a) and that are determined by the Director to be
successful in meeting the objectives of the initial grant solicitation,
the Director may extend the duration of those grants for not more
than 3 additional years beyond their scheduled expiration without
the requirement for a recompetition.
SEC. 7013. COST SHARING.
(a) IN GENERAL.—The
Board shall evaluate the impact of its
policy to eliminate cost sharing for research grants and cooperative
agreements for existing programs that were developed around industry partnerships and historically required industry cost sharing,
such as the Engineering Research Centers and Industry/University
Cooperative Research Centers. The Board shall also consider the
impact that the cost sharing policy has on initiating new programs
for which industry interest and participation are sought.
(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Board shall report to the Committee on
Science and Technology and the Committee on Appropriations of
the House of Representatives, and the Committee on Commerce,
Science, and Transportation, the Committee on Health, Education,
Labor, and Pensions, and the Committee on Appropriations of the
Senate, on the results of the evaluation under subsection (a).
SEC. 7014. ADDITIONAL REPORTS.
(a) REPORT ON FUNDING FOR MAJOR FACILITIES.—
(1) PRECONSTRUCTION FUNDING.—The Board shall
evaluate
the appropriateness of the requirement that funding for detailed design work and other preconstruction activities for
major research equipment and facilities come exclusively from
the sponsoring research division rather than being available,
at least in part, from the Major Research Equipment and Facilities Construction account.
(2) MAINTENANCE AND OPERATION COSTS.—The Board shall
evaluate the appropriateness of the Foundation’s policies for
allocation of costs for, and oversight of, maintenance and operation of major research equipment and facilities.
(3) REPORT.—Not later than 6 months after the date of enactment of this Act, the Board shall report on the results of the
evaluations under paragraphs (1) and (2) and on any recommendations for modifying the current policies related to allocation of funding for major research equipment and facilities
to the Committee on Science and Technology and the Committee on Appropriations of the House of Representatives, and
to the Committee on Commerce, Science, and Transportation,
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the Committee on Health, Education, Labor, and Pensions, and
the Committee on Appropriations of the Senate.
(b) INCLUSION OF POLAR FACILITIES UPGRADES IN MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PLAN.—Section
201(a)(2)(D) of the National Science Foundation Authorization Act
of 1998 (42 U.S.C. 1862l(a)(2)(D)) is amended by inserting ‘‘and for
major upgrades of facilities in support of Antarctic research programs’’ after ‘‘facilities construction account’’.
(c) REPORT ON EDUCATION PROGRAMS WITHIN THE RESEARCH
DIRECTORATES.—Not later than 6 months after the date of enactment of this Act, the Director shall transmit to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Health, Education, Labor, and Pensions of the Senate a report cataloging all elementary school and secondary school,
informal, and undergraduate educational programs and activities
supported through appropriations for Research and Related Activities. The report shall display the programs and activities by directorate, along with estimated funding levels for the fiscal years
2006, 2007, and 2008, and shall provide a description of the goals
of each program and activity. The report shall also describe how
the programs and activities relate to or are coordinated with the
programs supported by the Education and Human Resources Directorate.
(d) REPORT ON RESEARCH IN UNDERGRADUATE INSTITUTIONS
PROGRAM.—The Director shall transmit to Congress, as part of the
President’s fiscal year 2011 budget submission under section 1105
of title 31, United States Code, a report listing the funding success
rates and distribution of awards for the Research in Undergraduate
Institutions program, by type of institution based on the highest
academic degree conferred by the institution, for fiscal years 2008,
2009, and 2010.
(e) ANNUAL PLAN FOR ALLOCATION OF EDUCATION AND HUMAN
RESOURCES FUNDING.—
(1) IN GENERAL.—Not later than 60 days after the date of
enactment of legislation providing for the annual appropriation
of funds for the Foundation, the Director shall submit to the
Committee on Science and Technology and the Committee on
Appropriations of the House of Representatives, and to the
Committee on Commerce, Science, and Transportation, the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate, a plan for the allocation of education and human resources funds authorized by
this title for the corresponding fiscal year, including any funds
from within the research and related activities account used to
support activities that have the primary purpose of improving
education or broadening participation.
(2) SPECIFIC REQUIREMENTS.—The plan shall include a description of how the allocation of funding—
(A) will affect the average size and duration of education and human resources grants supported by the Foundation;
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(B) will affect trends in research support for the effective instruction of science, technology, engineering, and
mathematics;
(C) will affect the kindergarten through grade 20 pipeline for the study of science, technology, engineering, and
mathematics; and
(D) will encourage the interest of individuals identified
in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b) in science,
technology, engineering, and mathematics, and help prepare such individuals to pursue postsecondary studies in
these fields.
SEC. 7015. ADMINISTRATIVE AMENDMENTS.
(a) TRIANNUAL AUDIT OF THE OFFICE OF THE NATIONAL
SCIENCE BOARD.—Section 15(a) of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-5) is amended—
(1) in paragraph (3), by striking ‘‘an annual audit’’ and inserting ‘‘an audit every three years’’;
(2) in paragraph (4), by striking ‘‘each year’’ and inserting
‘‘every third year’’; and
(3) by inserting after paragraph (4) the following:
‘‘(5) MATERIALS RELATING TO CLOSED PORTIONS OF MEETINGS.—To facilitate the audit required under paragraph (3) of
this subsection, the Office of the National Science Board shall
maintain the General Counsel’s certificate, the presiding officer’s statement, and a transcript or recording of any closed
meeting, for at least 3 years after such meeting.’’.
(b) LIMITED TERM PERSONNEL FOR THE NATIONAL SCIENCE
BOARD.—Subsection (g) of section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863(g)) is amended to read as follows:
‘‘(g) The Board may, with the concurrence of a majority of its
members, permit the appointment of a staff consisting of not more
than 5 professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research
institutions for a limited term, and such operations and support
staff members as may be necessary. Such staff shall be appointed
by the Chairman and assigned at the direction of the Board. The
professional members and limited term technical and professional
personnel of such staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in
the competitive service, and the provisions of chapter 51 of such
title relating to classification, and shall be compensated at a rate
not exceeding the maximum rate payable under section 5376 of
such title, as may be necessary to provide for the performance of
such duties as may be prescribed by the Board in connection with
the exercise of its powers and functions under this Act. Section
14(a)(3) shall apply to each limited term appointment of technical
and professional personnel under this subsection. Each appointment under this subsection shall be subject to the same security requirements as those required for personnel of the Foundation appointed under section 14(a).’’.
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(c) INCREASE IN NUMBER OF WATERMAN AWARDS TO THREE.—
Section 6(c) of the National Science Foundation Authorization Act,
1976 (42 U.S.C. 1881a) is amended to read as follows:
‘‘(c) Not more than three awards may be made under this section in any one fiscal year.’’.
SEC. 7016. NATIONAL SCIENCE BOARD REPORTS.
Paragraphs (1) and (2) of section 4(j) of the National Science
Foundation Act of 1950 (42 U.S.C. 1863(j)(1) and (2)) are amended
by striking ‘‘, for submission to’’ and ‘‘for submission to’’, respectively, and inserting ‘‘and’’.
SEC. 7017. PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 AMENDMENT.
Section 3801(a)(1) of title 31, United States Code (commonly
known as the ‘‘Program Fraud Civil Remedies Act of 1986’’) is
amended—
(1) in subparagraph (C), by striking ‘‘and’’ after the semicolon;
(2) in subparagraph (D), by inserting ‘‘and’’ after the semicolon; and
(3) by adding at the end the following:
‘‘(E) the National Science Foundation.’’.
SEC. 7018. ø42 U.S.C. 1862o-5¿ MEETING CRITICAL NATIONAL SCIENCE
NEEDS.
(a) IN GENERAL.—In addition to any other criteria, the Director
shall include consideration of the degree to which awards and research activities that otherwise qualify for support by the Foundation may assist in meeting critical national needs in innovation,
competitiveness, safety and security, the physical and natural
sciences, technology, engineering, social sciences, and mathematics.
(b) PRIORITY TREATMENT.—The Director shall give priority in
the selection of awards and the allocation of Foundation resources
to proposed research activities, and grants funded under the Foundation’s Research and Related Activities Account, that can be expected to make contributions in physical or natural science, technology, engineering, social sciences, or mathematics, or that enhance competitiveness, innovation, or safety and security in the
United States.
(c) LIMITATION.—Nothing in this section shall be construed to
restrict or bias the grant selection process against funding other
areas of research deemed by the Foundation to be consistent with
its mandate nor to change the core mission of the Foundation.
SEC. 7019. ø42 U.S.C. 1862o-6¿ 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.
SEC. 7020. ø42 U.S.C. 1862o-7¿ 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
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the date of enactment of this Act, shall develop and publish a plan
that—
(1) describes the current status of broadband access for scientific research purposes at institutions in EPSCoR-eligible
States, at institutions in rural areas, and at minority serving
institutions; and
(2) outlines actions that can be taken to ensure that such
connections are available to enable participation in those Foundation programs that rely heavily on high-speed networking
and collaborations across institutions and regions.
SEC. 7021. ø42 U.S.C. 1862o-8¿ PILOT PROGRAM OF GRANTS FOR NEW
INVESTIGATORS.
(a) IN GENERAL.—The Director shall carry out a pilot program
to award 1-year grants to individuals to assist them in improving
research proposals that were previously submitted to the Foundation but not selected for funding.
(b) ELIGIBILITY.—To be eligible to receive a grant under this
section, an individual—
(1) may not have previously received funding as the principal investigator of a research grant from the Foundation; and
(2) shall have submitted a proposal to the Foundation,
which may include a proposal submitted to the Research in
Undergraduate Institutions program, that was rated excellent
under the Foundation’s competitive merit review process.
(c) SELECTION PROCESS.—The Director shall make awards
under this section based on the advice of the program officers of
the Foundation.
(d) USE OF FUNDS.—Grants awarded under this section shall be
used to enable an individual to resubmit an updated research proposal for review by the Foundation through the agency’s competitive merit review process. Uses of funds made available under this
section may include the generation of new data and the performance of additional analysis.
(e) PROGRAM ADMINISTRATION.—The Director shall carry out
this section through the Small Grants for Exploratory Research
program.
(f) NATIONAL SCIENCE BOARD REVIEW.—The Board shall conduct a review and assessment of the pilot program under this section, including the number of new investigators funded, the distribution of awards by type of institution of higher education, and
the success rate upon resubmittal of proposals by new investigators
funded through such pilot program. Not later than 3 years after
the date of enactment of this Act, the Board shall summarize its
findings and any recommendations regarding changes to, the termination of, or the continuation of the pilot program in a report to
the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and
Pensions of the Senate.
SEC. 7022. ø42 U.S.C. 1862o-1¿ BROADER IMPACTS MERIT REVIEW CRITERION.
(a) IN GENERAL.—Among the types of activities that the Foun-
dation shall consider as appropriate for meeting the requirements
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of its broader impacts criterion for the evaluation of research proposals are partnerships between academic researchers and industrial scientists and engineers that address research areas identified
as having high importance for future national economic competitiveness, such as nanotechnology.
(b) REPORT ON BROADER IMPACTS CRITERION.—Not later than
1 year after the date of enactment of this Act, the Director shall
transmit to Congress a report on the impact of the broader impacts
grant criterion used by the Foundation. The report shall—
(1) identify the criteria that each division and directorate
of the Foundation uses to evaluate the broader impacts aspects
of research proposals;
(2) provide a breakdown of the types of activities by division that awardees have proposed to carry out to meet the
broader impacts criterion;
(3) provide any evaluations performed by the Foundation
to assess the degree to which the broader impacts aspects of
research proposals were carried out and how effective they
have been at meeting the goals described in the research proposals;
(4) describe what national goals, such as improving undergraduate science, technology, engineering, and mathematics
education, improving kindergarten through grade 12 science
and mathematics education, promoting university-industry collaboration, and broadening participation of underrepresented
groups, the broader impacts criterion is best suited to promote;
and
(5) describe what steps the Foundation is taking and
should take to use the broader impacts criterion to improve undergraduate science, technology, engineering, and mathematics
education.
SEC. 7023. DONATIONS.
Section 11(f) of the National Science Foundation Act of 1950
(42 U.S.C. 1870(f)) is amended by inserting before the semicolon ‘‘,
except that funds may be donated for specific prize competitions for
‘basic research’ as defined in the Office of Management and Budget
Circular No. A-11’’.
SEC. 7024. HIGH-PERFORMANCE COMPUTING AND NETWORKING.
(a) HIGH-PERFORMANCE COMPUTING ACT OF 1991.—
(1) AMENDMENTS.—Title I of the High-Performance 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 NETWORK’’
and inserting ‘‘RESEARCH AND DEVELOPMENT’’;
(B) in section 101(a) (15 U.S.C. 5511(a))—
(i) by striking subparagraphs (A) and (B) of paragraph (1) and inserting the following:
‘‘(A) provide for long-term basic and applied research on
high-performance computing, including networking;
‘‘(B) provide for research and development on, and demonstration of, technologies to advance the capacity and capabilities of high-performance computing and networking systems, and related software;
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‘‘(C) provide for sustained access by the research community throughout the United States to high-performance computing and networking systems that are among the most advanced in the world in terms of performance in solving scientific and engineering problems, including provision for technical support for users of such systems;
‘‘(D) provide for widely dispersed efforts to increase software availability, productivity, capability, security, portability,
and reliability;
‘‘(E) provide for high-performance networks, including experimental testbed networks, to enable research and development on, and demonstration of, advanced applications enabled
by such networks;
‘‘(F) provide for computational science and engineering research on mathematical modeling and algorithms for applications in all fields of science and engineering;
‘‘(G) provide for the technical support of, and research and
development on, high-performance computing systems and software required to address Grand Challenges;
‘‘(H) provide for educating and training additional undergraduate and graduate students in software engineering, computer science, computer and network security, applied mathematics, library and information science, and computational
science; and
‘‘(I) provide for improving the security of computing and
networking systems, including Federal systems, including providing for research required to establish security standards
and practices for these systems.’’;
(ii) by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
(iii) in paragraph (2), as redesignated by clause
(ii)—
(I) by striking subparagraph (B);
(II) by redesignating subparagraphs (A) and
(C) as subparagraphs (D) and (F), respectively;
(III) by inserting before subparagraph (D), as
redesignated by subclause (II), the following:
‘‘(A) establish the goals and priorities for Federal highperformance computing research, development, networking, and other activities;
‘‘(B) establish Program Component Areas that implement
the goals established under subparagraph (A), and identify the
Grand Challenges that the Program should address;
‘‘(C) provide for interagency coordination of Federal highperformance computing research, development, networking,
and other activities undertaken pursuant to the Program;’’;
and
(IV) by inserting after subparagraph (D), as
redesignated by subclause (II) of this clause, the
following:
‘‘(E) develop and maintain a research, development,
and deployment roadmap covering all States and regions
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for the provision of high-performance computing and networking systems under paragraph (1)(C); and’’; and
(iv) in paragraph (3), as so redesignated by clause
(ii) of this subparagraph—
(I) by striking ‘‘paragraph (3)(A)’’ and inserting ‘‘paragraph (2)(D)’’;
(II) by amending subparagraph (A) to read as
follows:
‘‘(A) provide a detailed description of the Program Component Areas, including a description of any changes in the definition of or activities under the Program Component Areas
from the preceding report, and the reasons for such changes,
and a description of Grand Challenges addressed under the
Program;’’;
(III) in subparagraph (C), by striking ‘‘specific
activities’’ and all that follows through ‘‘the Network’’ and inserting ‘‘each Program Component
Area’’;
(IV) in subparagraph (D), by inserting ‘‘, and
for each Program Component Area,’’ after ‘‘participating in the Program’’;
(V) in subparagraph (D), by striking ‘‘applies;’’
and inserting ‘‘applies; and’’;
(VI) by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E);
and
(VII) in subparagraph (E), as redesignated by
subclause (VI), by inserting ‘‘and the extent to
which the Program incorporates the recommendations of the advisory committee established under
subsection (b)’’ after ‘‘for the Program’’;
(C) by striking subsection (b) of section 101 (15 U.S.C.
5511) and inserting the following:
‘‘(b) ADVISORY COMMITTEE.—(1) The President shall establish
an advisory committee on high-performance computing, consisting
of geographically dispersed non-Federal members, including representatives of the research, education, and library communities,
network and related software providers, and industry representatives in the Program Component Areas, who are specially qualified
to provide the Director with advice and information on high-performance computing. The recommendations of the advisory committee shall be considered in reviewing and revising the Program.
The advisory committee shall provide the Director with an independent assessment of—
‘‘(A) progress made in implementing the Program;
‘‘(B) the need to revise the Program;
‘‘(C) the balance between the components of the Program,
including funding levels for the Program Component Areas;
‘‘(D) whether the research and development undertaken
pursuant to the Program is helping to maintain United States
leadership in high-performance computing, networking technology, and related software; and
‘‘(E) other issues identified by the Director.
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‘‘(2) In addition to the duties outlined in paragraph (1), the advisory committee shall conduct periodic evaluations of the funding,
management, coordination, implementation, and activities of the
Program. The advisory committee shall report not less frequently
than once every 2 fiscal years to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on its findings and recommendations. The first report shall be due within 1
year after the date of enactment of the America COMPETES Act.
‘‘(3) Section 14 of the Federal Advisory Committee Act shall
not apply to the advisory committee established under this subsection.’’; and
(D) in section 101(c) (15 U.S.C. 5511(c))—
(i) in paragraph (1)(A), by striking ‘‘Program or’’
and inserting ‘‘Program Component Areas or’’; and
(ii) in paragraph (2), by striking ‘‘subsection
(a)(3)(A)’’ and inserting ‘‘subsection (a)(2)(D)’’.
(2) DEFINITIONS.—Section 4 of the High-Performance Computing Act of 1991 (15 U.S.C. 5503) is amended—
(A) in paragraph (2), by inserting ‘‘and multidisciplinary teams of researchers’’ after ‘‘high-performance computing resources’’;
(B) in paragraph (3)—
(i) by striking ‘‘scientific workstations,’’;
(ii) by striking ‘‘(including vector supercomputers
and large scale parallel systems)’’;
(iii) by striking ‘‘and applications’’ and inserting
‘‘applications’’; and
(iv) by inserting ‘‘, and the management of large
data sets’’ after ‘‘systems software’’;
(C) in paragraph (4), by striking ‘‘packet switched’’;
(D) by striking ‘‘and’’ at the end of paragraph (5);
(E) by striking the period at the end of paragraph (6)
and inserting ‘‘; and’’; and
(F) by adding at the end the following:
‘‘(7) ‘Program Component Areas’ means the major subject
areas under which related individual projects and activities
carried out under the Program are grouped.’’.
(3) CONFORMING AMENDMENT.—Section 1(26) of the Act entitled ‘‘An Act to prevent the elimination of certain reports’’,
approved November 28, 2001 (31 U.S.C. 3113 note) is amended—
(A) by striking ‘‘101(a)(3)’’ and inserting ‘‘101(a)(2)’’;
and
(B) by striking ‘‘(15 U.S.C. 5511(a)(3))’’ and inserting
‘‘(15 U.S.C. 5511(a)(2))’’.
(b) ø42 U.S.C. 1862o-10¿ ADVANCED INFORMATION AND COMMUNICATIONS TECHNOLOGY RESEARCH.—
(1) IN GENERAL.—As part of the Program described in title
I of the High-Performance Computing Act of 1991 (15 U.S.C.
5511 et seq.), the Foundation shall support basic research related to advanced information and communications technologies that will contribute to enhancing or facilitating the
availability and affordability of advanced communications servAugust 24, 2022
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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;
(D) networking protocols and architectures, including
resilience to outages or attacks;
(E) trusted software;
(F) privacy;
(G) nanoelectronics for communications applications;
(H) low-power communications electronics;
(I) implementation of equitable access to national advanced fiber optic research and educational networks in
noncontiguous States; and
(J) such other related areas as the Director finds appropriate.
(2) CENTERS.—The Director shall award multiyear grants,
subject to the availability of appropriations and on a 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 communications technology research, including the research areas described in paragraph (1). Institutions of higher education, nonprofit research institutions affiliated with institutions of higher
education, or consortia receiving such grants may partner with
1 or more government laboratories, for-profit entities, or other
institutions of higher education or nonprofit research institutions.
(3) FUNDING ALLOCATION.—The Director shall increase
funding for the basic research activities described in paragraph
(1), which shall include support for the Centers described in
paragraph (2), in proportion to the increase in the total amount
appropriated to the Foundation for research and related activities for the fiscal years 2008 through 2010.
(4) REPORT TO CONGRESS.—The Director shall transmit to
Congress, as part of the President’s annual budget submission
under section 1105 of title 31, United States Code, a report on
the amounts allocated for support of research under this subsection for the fiscal year during which such report is submitted and the levels proposed for the fiscal year with respect
to which the budget submission applies.
SEC. 7025. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS TALENT EXPANSION PROGRAM.
(a) AMENDMENTS.—Section 8(7) of the National Science Foun-
dation Authorization Act of 2002 is amended—
(1) in subparagraph (A), by striking ‘‘competitive, meritbased’’ and all that follows through ‘‘in recent years.’’ and
inserting‘‘ competitive, merit-based multiyear grants for eligible applicants to improve undergraduate education in science,
technology, engineering, and mathematics through—
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‘‘(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,
technology, engineering, and mathematics, including the
number of nonmajors, and to improve student academic
achievement in those courses, by developing—
‘‘(I) undergraduate educational material, including curricula and courses of study;
‘‘(II) teaching methods for undergraduate
courses; and
‘‘(III) methods to improve the professional development of professors and teaching assistants
who teach undergraduate courses.
Grants made under clause (ii) shall be awarded jointly through the
Education and Human Resources Directorate and at least 1 research directorate of the Foundation.’’;
(2) by amending subparagraph (B) to read as follows:
‘‘(B) In selecting projects under subparagraph (A)(i), the
Director shall strive to increase the number of students studying toward and completing associate’s or bachelor’s degrees,
concentrations, or certificates in science, technology, engineering, or mathematics by giving priority to programs that heavily
recruit individuals who are—
‘‘(i) individuals identified in section 33 or 34 of the
Science and Engineering Equal Opportunities Act (42
U.S.C. 1885a or 1885b); or
‘‘(ii) graduates of a public secondary school that—
‘‘(I) is among the highest 25 percent of schools
served by the local educational agency that serves
the school, in terms of the percentage of students
from families with incomes below the poverty line,
as defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)), applicable to a family of the size involved; or
‘‘(II) is designated with a school locale code of
41, 42, or 43, as determined by the Secretary of
Education.’’;
(3) by striking subparagraph (C) and inserting the following:
‘‘(C)(i) The types of projects the Foundation may support
under subparagraph (A)(i) include those programs that—
‘‘(I) promote high quality—
‘‘(aa) interdisciplinary teaching;
‘‘(bb) undergraduate-conducted research;
‘‘(cc) mentor relationships for students, especially
underrepresented minority and female science, technology, engineering, and mathematics students;
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laureate science, technology, engineering, or mathematics programs;
‘‘(ee) internships carried out in partnership with
industry;
‘‘(ff) innovative uses of digital technologies, particularly at institutions of higher education that serve
high numbers or percentages of economically disadvantaged students; and
‘‘(gg) bridge programs that enable underrepresented minority and female secondary school students to obtain extra science, technology, engineering,
and mathematics instruction prior to entering an institution of higher education;
‘‘(II) finance summer internships for science, technology, engineering, and mathematics undergraduate
students; and
‘‘(III) conduct outreach programs that provide secondary school students and their science, technology,
engineering, and mathematics teachers opportunities
to increase the students’ and teachers’ exposure to engineering and technology.
‘‘(ii) The types of activities the Foundation may support under subparagraph (A)(ii) include—
‘‘(I) creating model curricula and laboratory
programs;
‘‘(II) developing and demonstrating researchbased instructional methods and technologies;
‘‘(III) developing methods to train graduate
students and faculty to be more effective teachers
of undergraduates;
‘‘(IV) conducting programs to disseminate curricula, instructional methods, or training methods
to faculty at the grantee institutions and at other
institutions;
‘‘(V) conducting assessments of the effectiveness of the Center at accomplishing the goals described in subparagraph (A)(ii); and
‘‘(VI) conducting any other activities the Director determines will accomplish the goals described in subparagraph (A)(ii).’’;
(4) in subparagraph (D)(i), by striking ‘‘under this paragraph’’ and inserting ‘‘under subparagraph (A)(i)’’;
(5) in subparagraph (D)(ii), by striking ‘‘under this paragraph’’ and inserting ‘‘under subparagraph (A)(i)’’;
(6) after subparagraph (D)(iii), by adding at the end the
following:
‘‘(iv) A grant under subparagraph (A)(ii) shall be awarded
for up to 5 years.’’;
(7) in subparagraph (E), by striking ‘‘under this paragraph’’ both places it appears and inserting ‘‘under subparagraph (A)(i)’’;
(8) by redesignating subparagraph (F) as subparagraph (J);
and
(9) by inserting after subparagraph (E) the following:
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‘‘(F) Grants awarded under subparagraph (A)(ii) shall be
carried out by a department or departments of science, technology, engineering, or mathematics at institutions of higher
education (or a consortia thereof), which may partner with the
department, college, or school of education at the institution.
Applications for awards under subparagraph (A)(ii) shall be
submitted to the Director at such time, in such manner, and
containing such information as the Director may require. At a
minimum, the application shall include—
‘‘(i) a description of the activities to be carried out
by the Center;
‘‘(ii) a plan for disseminating programs related to
the activities carried out by the Center to faculty at
the grantee institution and at other institutions;
‘‘(iii) an estimate of the number of faculty, graduate students (if any), and undergraduate students
who will be affected by the activities carried out by the
Center; and
‘‘(iv) a plan for assessing the effectiveness of the
Center at accomplishing the goals described in subparagraph (A)(ii).
‘‘(G) In evaluating the applications submitted under subparagraph (F), the Director shall consider, at a minimum—
‘‘(i) the ability of the applicant to effectively carry
out the proposed activities, including the dissemination activities described in subparagraph (C)(ii)(IV);
and
‘‘(ii) the extent to which the faculty, staff, and administrators of the applicant institution are committed
to improving undergraduate science, technology, engineering, and mathematics education.
‘‘(H) In awarding grants under subparagraph (A)(ii), the
Director shall ensure that a wide variety of science, technology,
engineering, and mathematics fields and types of institutions
of higher education, including 2-year colleges and minorityserving institutions, are covered, and that—
‘‘(i) at least 1 Center is housed at a Doctoral/Research
University as defined by the Carnegie Foundation for the
Advancement of Teaching; and
‘‘(ii) at least 1 Center is focused on improving undergraduate education in an interdisciplinary area.
‘‘(I) The Director shall convene an annual meeting of
the awardees under this paragraph to foster collaboration
and to disseminate the results of the Centers and the
other activities funded under this paragraph.’’.
(b) REPORT ON DATA COLLECTION.—Not later than 180 days
after the date of enactment of this Act, the Director shall transmit
to Congress a report on how the Director is determining whether
current grant recipients in the Science, Technology, Engineering,
and Mathematics Talent Expansion Program are making satisfactory progress as required by section 8(7)(D)(ii) of the National
Science Foundation Authorization Act of 2002 and what funding actions have been taken as a result of the Director’s determinations.
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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
higher concentrations of poor students are less likely to have
adequate laboratory facilities than other schools.
(5) The Government Accountability Office reported that
49.1 percent of schools where the minority student population
is greater than 50.5 percent reported not meeting functional
requirements for laboratory science well or at all.
(6) 40 percent of those college students who left the science
fields reported some problems related to high school science
preparation, including lack of laboratory experience and no introduction to theoretical or to analytical modes of thought.
(7) It is in the national interest for the Federal Government to invest in research and demonstration projects to improve the teaching of laboratory science in the Nation’s high
schools.
(b) GRANT PROGRAM.—Section 8(8) of the National Science
Foundation Authorization Act of 2002 is amended—
(1) by redesignating subparagraphs (A) through (F) as
clauses (i) through (vi), respectively;
(2) by inserting ‘‘(A)’’ before ‘‘A program of competitive’’;
and
(3) by adding at the end the following:
‘‘(B) In accordance with subparagraph (A)(v), the Director
shall establish a research pilot program designated as ‘Partnerships for Access to Laboratory Science’ to award grants to
partnerships to improve laboratories and provide instrumentation as part of a comprehensive program to enhance the quality of science, technology, engineering, and mathematics instruction at the secondary school level. Grants under this subparagraph may be used for—
‘‘(i) professional development and training for
teachers aligned with activities supported under section 2123 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6623);
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‘‘(ii) purchase, rental, or leasing of equipment, instrumentation, and other scientific educational materials;
‘‘(iii) development of instructional programs designed to integrate the laboratory experience with
classroom instruction and to be consistent with State
mathematics and science and, to the extent applicable,
technology and engineering, academic achievement
standards;
‘‘(iv) training in laboratory safety for school personnel;
‘‘(v) design and implementation of hands-on laboratory experiences to encourage the interest of individuals identified in section 33 or 34 of the Science
and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b) in science, technology, engineering,
and mathematics and help prepare such individuals to
pursue postsecondary studies in these fields; and
‘‘(vi) assessment of the activities funded under
this subparagraph.
‘‘(C) Grants may be made under subparagraph (B) only to
a partnership—
‘‘(i) for a project that includes significant teacher
preparation and professional development components;
or
‘‘(ii) that establishes that appropriate teacher
preparation and professional development is being addressed, or has been addressed, through other means.
‘‘(D) Grants awarded under subparagraph (B) shall be to
a partnership that—
‘‘(i) includes a 2-year or 4-year degree granting institution of higher education;
‘‘(ii) includes a high need local educational agency
(as defined in section 201 of the Higher Education Act
of 1965);
‘‘(iii) includes a business or eligible nonprofit organization; and
‘‘(iv) may include a State educational agency,
other public agency, National Laboratory, or community-based organization.
‘‘(E) The Federal share of the cost of activities carried out
using amounts from a grant under subparagraph (B) shall not
exceed 40 percent.
‘‘(F) The Director shall require grant recipients under subparagraph (B) to submit a report to the Director on the results
of the project supported by the grant.’’.
(c) REPORT.—The Director shall evaluate the effectiveness of
activities carried out under the research pilot projects funded by
the grant program established pursuant to the amendment made
by subsection (b) in improving student achievement in science,
technology, engineering, and mathematics. A report documenting
the results of that evaluation shall be submitted to the Committee
on Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
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Committee on Health, Education, Labor, and Pensions of the Senate not later than 5 years after the date of enactment of this Act.
The report shall identify best practices and materials developed
and demonstrated by grant awardees.
(d) SUNSET.—The provisions of this section shall cease to have
force or effect on the last day of fiscal year 2010.
(e) AUTHORIZATION OF APPROPRIATIONS.—From the amounts
authorized under subsections (a)(2)(B), (b)(2)(B), and (c)(2)(B) of
section 7002, there are authorized to be appropriated to carry out
this section and the amendments made by this section $5,000,000
for fiscal year 2008, and such sums as may be necessary for each
of the 2 succeeding fiscal years.
SEC. 7027. STUDY ON LABORATORY EQUIPMENT DONATIONS FOR
SCHOOLS.
Not later than 2 years after the date of enactment of this Act,
the Director shall transmit a report to Congress examining the extent to which institutions of higher education and entities in the
private sector are donating used laboratory equipment to elementary schools and secondary schools. The Director, in consultation
with the Secretary of Education, shall survey institutions of higher
education and entities in the private sector to determine—
(1) how often, how much, and what type of equipment is
donated;
(2) what criteria or guidelines the institutions and entities
are using to determine what types of equipment can be donated, what condition the equipment should be in, and which
schools receive the equipment;
(3) whether the institutions and entities provide any support to, or follow-up with the schools; and
(4) how appropriate donations can be encouraged.
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)—
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(A) by inserting ‘‘and laboratory experiences’’ after
‘‘technology’’; and
(B) by inserting ‘‘and laboratory’’ after ‘‘provide technical’’;
(4) in subsection (a)(3)(I), by inserting ‘‘including the use
of induction programs, as defined in section 6113(h) of the
America COMPETES Act, for teachers in their first 2 years of
teaching,’’ after ‘‘and science,’’;
(5) by striking subparagraph (K) of section (a)(3) and inserting the following:
‘‘(K) developing science, technology, engineering, and
mathematics educational programs and materials and conducting science, technology, engineering, and mathematics
enrichment programs for students, including after-school
programs and summer programs, with an emphasis on including and serving students described in subsection
(b)(2)(G);’’;
(6) in subsection (a), by adding at the end the following:
‘‘(8) MENTORS FOR TEACHERS AND STUDENTS OF CHALLENGING COURSES.—Partnerships carrying out activities to prepare mathematics and science teachers to teach challenging
mathematics, science, and technology college-preparatory
courses in accordance with paragraph (3)(B) shall encourage
companies employing scientists, technologists, engineers, or
mathematicians to provide mentors to teachers and students
and provide for the coordination of such mentoring activities.
‘‘(9) INNOVATION.—Activities carried out in accordance with
paragraph (3)(H) may include the development and dissemination of curriculum tools that will help foster inventiveness and
innovation.’’;
(7) in subsection (b)(2)—
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
‘‘(E) the extent to which the evaluation described in
paragraph (1)(E) will be independent and based on objective measures;’’;
(8) by striking paragraph (2) of subsection (c) and inserting
the following:
‘‘(2) REPORT ON EVALUATIONS.—Not later than 4 years
after the date of enactment of the America COMPETES Act,
the Director shall transmit a report summarizing the evaluations required under subsection (b)(1)(E) of grants received
under this program and describing any changes to the program
recommended as a result of these evaluations to the Committee on Science and Technology and the Committee on Education and Labor of the House of Representatives and to the
Committee on Commerce, Science, and Transportation and the
Committee on Health, Education, Labor, and Pensions of the
Senate. Such report shall be made widely available to the public.’’; and
(9) by adding at the end the following:
‘‘(d) DEFINITIONS.—In this section—
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‘‘(1) the term ‘mathematics and science teacher’ means a
science, technology, engineering, or mathematics teacher at the
elementary school or secondary school level; and
‘‘(2) the term ‘science’, in the context of elementary and
secondary education, includes technology and pre-engineering.’’.
SEC. 7029. NATIONAL SCIENCE FOUNDATION TEACHER INSTITUTES
FOR THE 21ST CENTURY.
Section 9(a) of the National Science Foundation Authorization
Act of 2002 (as amended by section 7028) (42 U.S.C. 1862n(a)) is
further amended by adding at the end the following:
‘‘(10) TEACHER INSTITUTES FOR THE 21ST CENTURY.—
‘‘(A) IN GENERAL.—Teacher institutes for the 21st century carried out in accordance with paragraph (3)(B)
shall—
‘‘(i) be carried out in conjunction with a school
served by the local educational agency in the partnership;
‘‘(ii) be science, technology, engineering, and mathematics focused institutes that provide professional development to elementary school and secondary school
teachers;
‘‘(iii) serve teachers who—
‘‘(I) are considered highly qualified (as defined
in section 9101 of the Elementary and Secondary
Education Act of 1965);
‘‘(II) teach high-need subjects in science, technology, engineering, or mathematics; and
‘‘(III) teach in high-need schools (as described
in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965);
‘‘(iv) focus on the priorities developed by the Director in consultation with a broad group of relevant educational organizations;
‘‘(v) be content-based and build on school year curricula that are experiment-oriented, content-based,
and grounded in current research;
‘‘(vi) ensure that the pedagogy component is designed around specific strategies that are relevant 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 parAugust 24, 2022
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ticipants in the teacher institute, except that for
teachers in rural local educational agencies, the followup training may be provided through the Internet;
‘‘(xi) provide teachers participating in the teacher
institute with travel expense reimbursement and
classroom materials related to the teacher institute,
and may include providing stipends as necessary; and
‘‘(xii) establish a mechanism to provide supplemental support during the academic year for teacher
institute participants to apply the knowledge and
skills gained at the teacher institute.
‘‘(B) OPTIONAL MEMBERS OF THE PARTNERSHIP.—In addition to the partnership requirement under paragraph (2),
an institution of higher education or eligible nonprofit organization (or consortium) desiring a grant for a teacher
institute for the 21st century may also partner with a
teacher organization, museum, or educational partnership
organization.’’.
SEC. 7030. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.
Section 10 of the National Science Foundation Authorization
Act of 2002 (42 U.S.C. 1862n-1) is amended to read as follows:
‘‘SEC. 10. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM
‘‘(a) SCHOLARSHIP PROGRAM.—
‘‘(1) IN GENERAL.—The Director shall carry out a
program
to award grants to eligible entities to recruit and train mathematics and science teachers and to provide scholarships and
stipends to individuals participating in the program. Such program shall be known as the ‘Robert Noyce Teacher Scholarship
Program’.
‘‘(2) MERIT REVIEW.—Grants shall be provided under this
section on a competitive, merit-reviewed basis.
‘‘(3) USE OF GRANTS.—A grant provided under this section
shall be used by the eligible entity—
‘‘(A) to develop and implement a program to recruit
and prepare undergraduate students majoring in science,
technology, engineering, and mathematics at the eligible
entity (and participating institutions of higher education of
the consortium, if applicable) to become qualified as mathematics and science teachers, through—
‘‘(i) administering scholarships in accordance with
subsection (c);
‘‘(ii) offering academic courses and early clinical
teaching experiences designed to prepare students participating in the program to teach in elementary
schools and secondary schools, including such preparation as is necessary to meet requirements for teacher
certification or licensing;
‘‘(iii) offering programs to students participating
in the program, both before and after the students receive their baccalaureate degree, to enable the students to become better mathematics and science teachers, to fulfill the service requirements of this section,
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and to exchange ideas with others in the students’
fields; and
‘‘(iv) providing summer internships for freshman
and sophomore students participating in the program;
or
‘‘(B) to develop and implement a program to recruit
and prepare science, technology, engineering, or mathematics professionals to become qualified as mathematics
and science teachers, through—
‘‘(i) administering stipends in accordance with
subsection (d);
‘‘(ii) offering academic courses and clinical teaching experiences designed to prepare stipend recipients
to teach in elementary schools and secondary schools
served by a high need local educational agency, including such preparation as is necessary to meet requirements for teacher certification or licensing; and
‘‘(iii) offering programs to stipend recipients, both
during and after matriculation in the program for
which the stipend is received, to enable recipients to
become better mathematics and science teachers, to
fulfill the service requirements of this section, and to
exchange ideas with others in the students’ fields.
‘‘(4) ELIGIBILITY REQUIREMENT.—
‘‘(A) IN GENERAL.—To be eligible to receive a grant
under this section, an eligible entity shall ensure that specific faculty members and staff from the science, technology, engineering, and mathematics departments and
specific education faculty of the eligible entity (and participating institutions of higher education of the consortium,
if applicable) are designated to carry out the development
and implementation of the program.
‘‘(B) INCLUSION OF MASTER TEACHERS.—An eligible entity (and participating institutions of higher education of
the consortium, if applicable) receiving a grant under this
section may also include master teachers in the development of the pedagogical content of the program and in the
supervision of students participating in the program in
their clinical teaching experiences.
‘‘(C) ACTIVE PARTICIPANTS.—No eligible entity (or participating institution of higher education of the consortium,
if applicable) shall be eligible for a grant under this section
unless faculty from the science, technology, engineering,
and mathematics departments of the eligible 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—
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‘‘(A) historically Black colleges and universities that
are part B institutions, as defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)); and
‘‘(B) minority institutions, as defined in section 365(3)
of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)).
‘‘(6) SUPPLEMENT NOT SUPPLANT.—Grant funds provided
under this section shall be used to supplement, and not supplant, other Federal or State funds available for the type of activities supported by the grant.
‘‘(b) SELECTION PROCESS.—
‘‘(1) APPLICATION.—An eligible entity seeking funding
under this section shall submit an application to the Director
at such time, in such manner, and containing such information
as the Director may require. The application shall include, at
a minimum—
‘‘(A) in the case of an applicant that is submitting an
application on behalf of a consortium of institutions of
higher education, a description of the participating institutions of higher education and the roles and responsibilities
of each such institution;
‘‘(B) a description of the program that the applicant intends to operate, including the number of scholarships and
summer internships or the size and number of stipends
the applicant intends to award, the type of activities proposed for the recruitment of students to the program, and
the selection process that will be used in awarding the
scholarships or stipends;
‘‘(C) evidence that the applicant has the capability to
administer the program in accordance with the provisions
of this section, which may include a description of any existing programs at the applicant eligible entity (and participating institutions of higher education of the consortium, if applicable) that are targeted to the education of
mathematics and science teachers and the number of
teachers graduated annually from such programs;
‘‘(D) a description of the academic courses and clinical
teaching experiences required under subparagraphs (A)(ii)
and (B)(ii) of subsection (a)(3), as applicable, including—
‘‘(i) a description of the undergraduate program
that will enable a student to graduate within 5 years
with a major in science, technology, engineering, or
mathematics and to obtain teacher certification or licensing;
‘‘(ii) a description of the clinical teaching experiences proposed; and
‘‘(iii) evidence of agreements between the applicant and the schools or local educational agencies that
are identified as the locations at which clinical teaching experiences will occur;
‘‘(E) a description of the programs required under subparagraphs (A)(iii) and (B)(iii) of subsection (a)(3), including activities to assist new teachers in fulfilling the teachers’ service requirements under this section;
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‘‘(F) an identification of the applicant eligible entity’s
science, technology, engineering, and mathematics faculty
and its education faculty (and such faculty of participating
institutions of higher education of the consortium, if applicable) who will carry out the development and implementation of the program as required under subsection (a)(4);
and
‘‘(G) a description of the process the applicant will use
to fulfill the requirements of subsection (f).
‘‘(2) REVIEW OF APPLICATIONS.—In evaluating the applications submitted under paragraph (1), the Director shall consider, at a minimum—
‘‘(A) the ability of the applicant (and the participating
institutions of higher education of the consortium, if applicable) to effectively carry out the program;
‘‘(B) the extent to which the applicant’s science, technology, engineering, and mathematics faculty and its education faculty (and such faculty of participating institutions of higher education of the consortium, if applicable)
have worked or will work collaboratively to design new or
revised curricula that recognize the specialized pedagogy
required to teach science, technology, engineering, and
mathematics effectively in elementary schools and secondary schools;
‘‘(C) the extent to which the applicant (and the participating institutions of higher education of the consortium,
if applicable) is committed to making the program a central organizational focus;
‘‘(D) the degree to which the proposed programming
will enable scholarship or stipend recipients to become successful mathematics and science teachers;
‘‘(E) the number and academic qualifications of the
students who will be served by the program; and
‘‘(F) the ability of the applicant (and the participating
institutions of higher education of the consortium, if applicable) to recruit students who would otherwise not pursue
a career in teaching in elementary schools or secondary
schools and students who are individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).
‘‘(c) SCHOLARSHIP REQUIREMENTS.—
‘‘(1) IN GENERAL.—Scholarships under this section shall be
available only to students who—
‘‘(A) are majoring in science, technology, engineering,
or mathematics; and
‘‘(B) have attained at least junior status in a baccalaureate degree program.
‘‘(2) SELECTION.—Individuals shall be selected to receive
scholarships primarily on the basis of academic merit, with
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).
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‘‘(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 scholarships
that are prorated according to such students’ enrollment status, not to exceed 6 years of scholarship support.
‘‘(4) SERVICE OBLIGATION.—If an individual receives a
scholarship under this section, such individual shall be required to complete, within 8 years after graduation from the
baccalaureate degree program for which the scholarship was
awarded, 2 years of service as a mathematics or science teacher for each full scholarship award received, with a maximum
service requirement of 6 years. Service required under this
paragraph shall be performed in a high need local educational
agency.
‘‘(d) STIPENDS.—
‘‘(1) IN GENERAL.—Stipends under this section shall be
available only to science, technology, engineering, or mathematics professionals who, while receiving the stipend, are enrolled in a program established under subsection (a)(3)(B).
‘‘(2) SELECTION.—Individuals shall be selected to receive
stipends under this section primarily on the basis of academic
merit and professional achievement, with consideration given
to financial need and to the goal of promoting the participation
of individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b).
‘‘(3) AMOUNT AND DURATION.—Stipends under this section
shall be not less than $10,000 per year, except that no individual shall receive for any year more than the cost of attendance at such individual’s institution. Individuals may receive a
maximum of 1 year of stipend support, except that if an individual is enrolled in a part-time program, such amount shall
be prorated according to the length of the program.
‘‘(4) SERVICE OBLIGATION.—If an individual receives a stipend under this section, such individual shall be required to
complete, within 4 years after graduation from the program for
which the stipend was awarded, 2 years of service as a mathematics or science teacher. Service required under this paragraph shall be performed in a high need local educational
agency.
‘‘(e) CONDITIONS OF SUPPORT.—As a condition of acceptance of
a scholarship or stipend under this section, a recipient of a scholarship or stipend shall enter into an agreement with the eligible entity—
‘‘(1) accepting the terms of the scholarship or stipend pursuant to subsection (c) or subsection (d);
‘‘(2) agreeing to provide the eligible entity with annual certification of employment and up-to-date contact information
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and to participate in surveys conducted by the eligible entity
as part of an ongoing assessment program; and
‘‘(3) establishing that if the service obligation required
under this section is not completed, all or a portion of the
scholarship or stipend received under this section shall be repaid in accordance with subsection (g).
‘‘(f) COLLECTION FOR NONCOMPLIANCE.—
‘‘(1) MONITORING COMPLIANCE.—An eligible entity receiving
a grant under this section shall, as a condition of participating
in the program, enter into an agreement with the Director to
monitor the compliance of scholarship or stipend recipients
with their respective service requirements.
‘‘(2) COLLECTION OF REPAYMENT.—
‘‘(A) IN GENERAL.—In the event that a scholarship or
stipend recipient is required to repay the scholarship or
stipend under subsection (g), the eligible entity shall—
‘‘(i) be responsible for determining the repayment
amounts and for notifying the recipient and the Director of the amount owed; and
‘‘(ii) collect such repayment amount within a period of time as determined under the agreement described in paragraph (1), or the repayment amount
shall be treated as a loan in accordance with subparagraph (C).
‘‘(B) RETURNED TO TREASURY.—Except as provided in
subparagraph (C), any such repayment shall be returned
to the Treasury of the United States.
‘‘(C) RETAIN PERCENTAGE.—An eligible entity may retain a percentage of any repayment the eligible entity collects to defray administrative costs associated with the collection. The Director shall establish a single, fixed percentage that will apply to all eligible entities.
‘‘(g) FAILURE TO COMPLETE SERVICE OBLIGATION.—
‘‘(1) GENERAL RULE.—If an individual who has received a
scholarship or stipend under this section—
‘‘(A) fails to maintain an acceptable level of academic
standing in the educational institution in which the individual is enrolled, as determined by the Director;
‘‘(B) is dismissed from such educational institution for
disciplinary reasons;
‘‘(C) withdraws from the program for which the award
was made before the completion of such program;
‘‘(D) declares that the individual does not intend to fulfill the service obligation under this section; or
‘‘(E) fails to fulfill the service obligation of the individual under this section,
such individual shall be liable to the United States as provided
in paragraph (2).
‘‘(2) AMOUNT OF REPAYMENT.—
‘‘(A) LESS THAN ONE YEAR OF SERVICE.—If a circumstance described in paragraph (1) occurs before the
completion of 1 year of a service obligation under this section, the total amount of awards received by the individual
under this section shall be repaid or such amount shall be
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treated as a loan to be repaid in accordance with subparagraph (C).
‘‘(B) MORE THAN ONE YEAR OF SERVICE.—If a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after the completion of 1 year of a service
obligation under this section—
‘‘(i) for a scholarship recipient, the total amount of
scholarship awards received by the individual under
this section, reduced by the ratio of the number of
years of service completed divided by the number of
years of service required, shall be repaid or such
amount shall be treated as a loan to be repaid in accordance with subparagraph (C); and
‘‘(ii) for a stipend recipient, one-half of the total
amount of stipends received by the individual under
this section shall be repaid or such amount shall be
treated as a loan to be repaid in accordance with subparagraph (C).
‘‘(C) REPAYMENTS.—The loans described under subparagraphs (A) and (B) shall be payable to the Federal
Government, consistent with the provisions of part B or D
of title IV of the Higher Education Act of 1965, and shall
be subject to repayment in accordance with terms and conditions specified by the Director (in consultation with the
Secretary of Education) in regulations promulgated to
carry out this paragraph.
‘‘(3) EXCEPTIONS.—The Director may provide for the partial
or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance
by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of
such obligation with respect to the individual would be unconscionable.
‘‘(h) DATA COLLECTION.—An eligible entity receiving a grant
under this section shall supply to the Director any relevant statistical and demographic data on scholarship and stipend recipients
the Director may request, including information on employment required under this section.
‘‘(i) DEFINITIONS.—In this section—
‘‘(1) the term ‘cost of attendance’ has the meaning given
such term in section 472 of the Higher Education Act of 1965
(20 U.S.C. 1087ll);
‘‘(2) the term ‘eligible entity’ means—
‘‘(A) an institution of higher education; or
‘‘(B) an institution of higher education that receives
grant funds on behalf of a consortium of institutions of
higher education;
‘‘(3) the term ‘fellowship’ means an award to an individual
under section 10A;
‘‘(4) the term ‘high need local educational agency’ has the
meaning given such term in section 201 of the Higher Education Act of 1965 (20 U.S.C. 1021);
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‘‘(5) the term ‘mathematics and science teacher’ means a
science, technology, engineering, or mathematics teacher at the
elementary school or secondary school level;
‘‘(6) the term ‘scholarship’ means an award under subsection (c);
‘‘(7) the term ‘science, technology, engineering, or mathematics professional’ means a person who holds a baccalaureate,
master’s, or doctoral degree in science, technology, engineering,
or mathematics, and is working in or had a career in such field
or a related area; and
‘‘(8) the term ‘stipend’ means an award under subsection
(d).
‘‘(j) MATHEMATICS AND SCIENCE SCHOLARSHIP GIFT FUND.—In
accordance with section 11(f) of the National Science Foundation
Act of 1950 (42 U.S.C. 1870(f)), the Director is authorized to accept
donations from the private sector to supplement but not supplant
scholarships, stipends, internships, or fellowships associated with
programs under this section or section 10A.
‘‘(k) ASSESSMENT OF TEACHER SERVICE AND RETENTION.—Not
later than 4 years after the date of enactment of the America
COMPETES Act, the Director shall transmit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Science and Technology of the House of Representatives a report on the effectiveness of the programs carried out
under this section and section 10A. The report shall include the
proportion of individuals receiving scholarships, stipends, or fellowships under the program who—
‘‘(1) fulfill the individuals’ service obligation required
under this section or section 10A;
‘‘(2) remain in the teaching profession beyond the individuals’ service obligation; and
‘‘(3) remain in the teaching profession in a high need local
educational agency beyond the individuals’ service obligation.
‘‘(l) EVALUATION.—Not less than 2 years after the date of enactment of the America COMPETES Act, the Director, in consultation with the Secretary of Education, shall conduct an evaluation
to determine whether the scholarships, stipends, and fellowships
authorized under this section and section 10A have been effective
in increasing the numbers of high-quality mathematics and science
teachers teaching in high need local educational agencies and
whether there continue to exist significant shortages of such teachers in high need local educational agencies.
‘‘SEC. 10A. NATIONAL SCIENCE FOUNDATION TEACHING FELLOWSHIPS AND MASTER TEACHING FELLOWSHIPS
‘‘(a) IN GENERAL.—
‘‘(1) GRANTS.—
‘‘(A) IN GENERAL.—As part of the Robert Noyce Teach-
er Scholarship Program established under section
Director shall establish a separate program to
grants to eligible entities to enable such entities to
ister fellowships in accordance with this section.
‘‘(B) DEFINITIONS.—The terms used in this
have the meanings given the terms in section 10.
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‘‘(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 Teaching Fellows’ and who possess a master’s degree in their
field.
‘‘(b) ELIGIBILITY.—In order to be eligible to receive a grant
under this section, an eligible entity shall enter into a partnership
that shall include—
‘‘(1) a department within an institution of higher education
participating in the partnership that provides an advanced program of study in mathematics and science;
‘‘(2)(A) a school or department within an institution of
higher education participating in the partnership that provides
a teacher preparation program; or
‘‘(B) a 2-year institution of higher education that has a
teacher preparation offering or a dual enrollment program with
an institution of higher education participating in the partnership;
‘‘(3) not less than 1 high need local educational agency and
a public school or a consortium of public schools served by the
agency; and
‘‘(4) 1 or more nonprofit organizations that have a demonstrated record of capacity to provide expertise or support to
meet the purposes of this section.
‘‘(c) USE OF GRANTS.—Grants awarded under this section shall
be used by the eligible entity (and participating institutions of
higher education of the consortium, if applicable) to develop and
implement a program for National Science Foundation Teaching
Fellows or National Science Foundation Master Teaching Fellows,
through—
‘‘(1) administering fellowships in accordance with this section, including providing the teaching fellowship salary supplements described in subsection (f);
‘‘(2) in the case of National Science Foundation Teaching
Fellowships—
‘‘(A) offering academic courses and clinical teaching experiences leading to a master’s degree and designed to prepare individuals to teach in elementary schools and secondary schools, including such preparation as is necessary
to meet the requirements for certification or licensing; and
‘‘(B) offering programs both during and after matriculation in the program for which the fellowship is received
to enable fellows to become highly effective mathematics
and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the
service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others
in their fields; and
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‘‘(3) in the case of National Science Foundation Master
Teaching Fellowships—
‘‘(A) offering academic courses and leadership training
to prepare individuals to become master teachers in elementary schools and secondary schools; and
‘‘(B) offering programs both during and after matriculation in the program for which the fellowship is received
to enable fellows to become highly effective mathematics
and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the
service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others
in their fields.
‘‘(d) SELECTION PROCESS.—
‘‘(1) MERIT REVIEW.—Grants shall be awarded under this
section on a competitive, merit-reviewed basis.
‘‘(2) APPLICATIONS.—An eligible entity desiring a grant
under this section shall submit an application to the Director
at such time, in such manner, and containing such information
as the Director may require. The application shall include, at
a minimum—
‘‘(A) in the case of an applicant that is submitting an
application on behalf of a consortium of institutions of
higher education, a description of the participating institutions of higher education and the roles and responsibilities
of each such institution;
‘‘(B) a description of the program that the applicant intends to operate, including the number of fellowships the
applicant intends to award, the type of activities proposed
for the recruitment of students to the program, and the
amount of the teaching fellowship salary supplements to
be provided in accordance with subsection (f);
‘‘(C) evidence that the applicant has the capability to
administer the program in accordance with the provisions
of this section, which may include a description of any existing programs at the applicant eligible entity (and participating institutions of higher education of the consortium, if applicable) that are targeted to the education of
mathematics and science teachers and the number of
teachers graduated annually from such programs;
‘‘(D) in the case of National Science Foundation Teaching Fellowships, a description of—
‘‘(i) the selection process that will be used in
awarding fellowships, including a description of the
rigorous measures to be used, including the rigorous,
nationally recognized assessments to be used, in order
to determine whether individuals applying for fellowships have advanced content knowledge of science,
technology, engineering, or mathematics;
‘‘(ii) the academic courses and clinical teaching experiences described in subsection (c)(2)(A), including—
‘‘(I) a description of an educational program
that will enable a student to obtain a master’s deAugust 24, 2022
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gree and teacher certification or licensing within 1
year; and
‘‘(II) evidence of agreements between the applicant and the schools or local educational agencies that are identified as the locations at which
clinical teaching experiences will occur;
‘‘(iii) a description of the programs described in
subsection (c)(2)(B), including activities to assist individuals in fulfilling their service requirements under
this section;
‘‘(E) evidence that the eligible entity will provide the
teaching supplements required under subsection (f); and
‘‘(F) a description of the process the applicant will use
to fulfill the requirements of section 10(f).
‘‘(3) CRITERIA.—In evaluating the applications submitted
under paragraph (2), the Director shall consider, at a minimum—
‘‘(A) the ability of the applicant (and participating institutions of higher education of the consortium, if applicable) to effectively carry out the program and to meet the
requirements of subsection (f);
‘‘(B) the extent to which the mathematics, science, or
engineering faculty and the education faculty at the eligible entity (and participating institutions of higher education of the consortium, if applicable) have worked or will
work collaboratively to design new or revised curricula
that recognizes the specialized pedagogy required to teach
science, technology, engineering, and mathematics effectively in elementary schools and secondary schools;
‘‘(C) the extent to which the applicant (and participating institutions of higher education of the consortium,
if applicable) is committed to making the program a central organizational focus;
‘‘(D) the degree to which the proposed programming
will enable participants to become highly effective mathematics and science teachers and prepare such participants
to assume leadership roles in their schools, in addition to
their regular classroom duties, including serving as mentor
or master teachers, developing curriculum, and assisting
in the development and implementation of professional development activities;
‘‘(E) the number and quality of the individuals that
will be served by the program; and
‘‘(F) in the case of the National Science Foundation
Teaching Fellowship, the ability of the applicant (and participating institutions of higher education of the consortium, if applicable) to recruit individuals who would otherwise not pursue a career in teaching and individuals identified in section 33 or 34 of the Science and Engineering
Equal Opportunities Act (42 U.S.C. 1855a or 1855b).
‘‘(4) SELECTION OF FELLOWS.—
‘‘(A) IN GENERAL.—Individuals shall be selected to receive fellowships under this section primarily on the basis
of—
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‘‘(i) professional achievement;
‘‘(ii) academic merit;
‘‘(iii) content knowledge of science, technology, engineering, or mathematics, as demonstrated by their
performance on an assessment in accordance with
paragraph (2)(D)(i); and
‘‘(iv) in the case of National Science Foundation
Master Teaching Fellows, demonstrated success in improving student academic achievement in science,
technology, engineering, or mathematics.
‘‘(B) PROMOTING PARTICIPATION OF CERTAIN INDIVIDUALS.—Among individuals demonstrating equivalent qualifications, consideration may be given to the goal of promoting the participation of individuals identified in section
33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).
‘‘(e) DUTIES OF NATIONAL SCIENCE FOUNDATION TEACHING FELLOWS AND MASTER TEACHING FELLOWS.—A National Science Foundation Teaching Fellow or a National Science Foundation Master
Teaching Fellow, while fulfilling the service obligation under subsection (g) and in addition to regular classroom activities, shall
take on a leadership role within the school or local educational
agency in which the fellow is employed, as defined by the partnership according to such fellow’s expertise, including serving as a
mentor or master teacher, developing curricula, and assisting in
the development and implementation of professional development
activities.
‘‘(f) TEACHING FELLOWSHIP SALARY SUPPLEMENTS.—
‘‘(1) IN GENERAL.—An eligible entity receiving a grant
under this section shall provide salary supplements to individuals who participate in the program under this section during
the period of their service obligation under subsection (g). A
local educational agency through which the service obligation
is fulfilled shall agree not to reduce the base salary normally
paid to an individual solely because such individual receives a
salary supplement under this subsection.
‘‘(2) AMOUNT AND DURATION.—
‘‘(A) AMOUNT.—Salary supplements provided under
paragraph (1) shall be not less than $10,000 per year, except that, in the case of a National Science Foundation
Teaching Fellow, while enrolled in the master’s degree program as described in subsection (c)(2)(A), such fellow shall
receive not more than the cost of attendance at such fellow’s institution.
‘‘(B) SUPPORT WHILE ENROLLED IN MASTER’S DEGREE
PROGRAM.—A National Science Foundation Teaching Fellow may receive a maximum of 1 year of fellowship support while enrolled in a master’s degree program as described in subsection (c)(2)(A), except that if such fellow is
enrolled in a part-time program, such amount shall be prorated according to the length of the program.
‘‘(C) DURATION OF SUPPORT.—An eligible entity receiving a grant under this section shall provide teaching felAugust 24, 2022
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lowship 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.
‘‘(2) WAIVER.—The Director may waive all or part of the
matching requirement described in paragraph (1) for any fiscal
year for an eligible entity receiving a grant under this section,
if the Director determines that applying the matching requirement would result in serious hardship or inability to carry out
the authorized activities described in this section.
‘‘(i) CONDITIONS OF SUPPORT; COLLECTION FOR NONCOMPLIANCE; FAILURE TO COMPLETE SERVICE OBLIGATION; DATA COLLECTION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
subsections (e), (f), (g), and (h) of section 10 shall apply to eligible entities and recipients of fellowships under this section, as
applicable, in the same manner as such subsections apply to eligible entities and recipients of scholarships and stipends
under section 10, as applicable.
‘‘(2) AMOUNT OF REPAYMENT.—If a circumstance described
in subparagraph (D) or (E) of section 10(g)(1) occurs after the
completion of 1 year of a service obligation under this section—
‘‘(A) for a National Science Foundation Teaching Fellow, the total amount of fellowship award received by the
individual under this section while enrolled in the master’s
degree program, reduced by one-fourth of the total amount
for each year of service completed, plus one-half of the
total teaching fellowship salary supplements received by
such individual under this section, shall be repaid or such
amount shall be treated as a loan to be repaid in accordance with section 10(g)(1)(C); and
‘‘(B) for a National Science Foundation Master Teaching Fellow, the total amount of teaching fellowship salary
supplements received by the individual under this section,
reduced by one-half, shall be repaid or such amount shall
be treated as a loan to be repaid in accordance with section 10(g)(1)(C).’’.
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America COMPETES Act
Sec. 7032
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 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).’’.
øSubsection (b) of section 7031 of Public Law 110-69 was repealed by section 204(a)(3)(B) of Public Law 114-329.¿
SEC. 7032. NATIONAL ACADEMY OF SCIENCES REPORT ON DIVERSITY
IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS FIELDS.
(a) IN GENERAL.—The Director shall enter into an arrangement
with the National Academy of Sciences for a report, to be transmitted to the Congress not later than 1 year after the date of enactment of this Act, about barriers to increasing the number of
underrepresented minorities in science, technology, engineering,
and mathematics fields and to identify strategies for bringing more
underrepresented minorities into the science, technology, engineering, and mathematics workforce.
(b) SPECIFIC REQUIREMENTS.—The Director shall ensure that
the report described in subsection (a) addresses—
(1) social and institutional factors that shape the decisions
of minority students to commit to education and careers in the
science, technology, engineering, and mathematics fields;
(2) specific barriers preventing greater minority student
participation in the science, technology, engineering, and mathematics fields;
(3) primary focus points for policy intervention to increase
the recruitment and retention of underrepresented minorities
in the future workforce of the United States;
(4) programs already underway to increase diversity in the
science, technology, engineering, and mathematics fields, and
their level of effectiveness;
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America COMPETES Act
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(5) factors that make such programs effective, and how to
expand and improve upon existing programs;
(6) the role of minority-serving institutions in the diversification of the workforce of the United States in these fields
and how that role can be supported and strengthened; and
(7) how the public and private sectors can better assist minority students in their efforts to join the workforce of the
United States in these fields.
SEC. 7033. ø42 U.S.C. 1862o-12¿ HISPANIC-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM.
(a) IN GENERAL.—The Director shall award grants on a com-
petitive, 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 STEM education at such institutions and to increase the retention and graduation rates of students pursuing associate’s or baccalaureate degrees in science, technology, engineering, and mathematics.
(b) PROGRAM COMPONENTS.—Grants awarded under this section shall support—
(1) activities to improve courses and curriculum in science,
technology, engineering, and mathematics;
(2) faculty development;
(3) stipends for undergraduate students participating in
research; and
(4) other activities consistent with subsection (a), as determined by the Director.
(c) INSTRUMENTATION.—Funding for instrumentation is an allowed use of grants awarded under this section.
SEC. 7034. ø42 U.S.C. 1862o-13¿ PROFESSIONAL SCIENCE MASTER’S DEGREE PROGRAMS.
(a) CLEARINGHOUSE.—
(1) DEVELOPMENT.—The Director shall establish a clear-
inghouse, in collaboration with 4-year institutions of higher
education (including applicable graduate schools and academic
departments), and industries and Federal agencies that employ
science-trained personnel, to share program elements used in
successful professional science master’s degree programs and
other advanced degree programs related to science, technology,
engineering, and mathematics.
(2) AVAILABILITY.—The Director shall make the clearinghouse of program elements developed under paragraph (1)
available to institutions of higher education that are developing professional science master’s degree programs.
(b) PROGRAMS.—
(1) PROGRAMS AUTHORIZED.—The Director shall award
grants to 4-year institutions of higher education to facilitate
the institutions’ creation or improvement of professional
science master’s degree programs that may include linkages
between institutions of higher education and industries that
employ science-trained personnel, with an emphasis on practical training and preparation for the workforce in high-need
fields.
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America COMPETES Act
Sec. 7034
(2) APPLICATION.—A 4-year institution of higher education
desiring a grant under this section shall submit an application
to the Director at such time, in such manner, and accompanied
by such information as the Director may require. The application shall include—
(A) a description of the professional science master’s
degree program that the institution of higher education
will implement;
(B) a description of how the professional science master’s degree program at the institution of higher education
will produce individuals for the workforce in high-need
fields;
(C) the amount of funding from non-Federal sources,
including from private industries, that the institution of
higher education shall use to support the professional
science master’s degree program; and
(D) an assurance that the institution of higher education shall encourage students in the professional science
master’s degree program to apply for all forms of Federal
assistance available to such students, including applicable
graduate fellowships and student financial assistance
under titles IV and VII of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq., 1133 et seq.).
(3) PREFERENCES.—The Director shall give preference in
making awards to 4-year institutions of higher education seeking Federal funding to create or improve professional science
master’s degree programs, to those applicants—
(A) located in States with low percentages of citizens
with graduate or professional degrees, as determined by
the Bureau of the Census, that demonstrate success in
meeting the unique needs of the corporate, non-profit, and
government communities in the State, as evidenced by providing internships for professional science master’s degree
students or similar partnership arrangements; or
(B) that secure more than two-thirds of the funding for
such professional science master’s degree programs from
sources other than the Federal Government.
(4) NUMBER OF GRANTS; TIME PERIOD OF GRANTS.—
(A) NUMBER OF GRANTS.—Subject to the availability of
appropriated funds, the Director shall award grants under
paragraph (1) to a maximum of 200 4-year institutions of
higher education.
(B) TIME PERIOD OF GRANTS.—Grants awarded under
this section shall be for one 3-year term. Grants may be
renewed only once for a maximum of 2 additional years.
(5) EVALUATION AND REPORTS.—
(A) DEVELOPMENT OF PERFORMANCE BENCHMARKS.—
Prior to the start of the grant program, the Director, in
collaboration with 4-year institutions of higher education
(including applicable graduate schools and academic departments), and industries and Federal agencies that employ science-trained personnel, shall develop performance
benchmarks to evaluate the pilot programs assisted by
grants under this section.
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(B) EVALUATION.—For each year of the grant period,
the Director, in consultation with 4-year institutions of
higher education (including applicable graduate schools
and academic departments), and industries and Federal
agencies that employ science-trained personnel, shall complete an evaluation of each program assisted by grants
under this section. Any program that fails to satisfy the
performance benchmarks developed under subparagraph
(A) shall not be eligible for further funding.
(C) REPORT.—Not later than 180 days after the completion of an evaluation described in subparagraph (B), the
Director shall submit a report to Congress that includes—
(i) the results of the evaluation; and
(ii) recommendations for administrative and legislative action that could optimize the effectiveness of
the pilot programs, as the Director determines to be
appropriate.
SEC. 7035. SENSE OF CONGRESS ON COMMUNICATIONS TRAINING FOR
SCIENTISTS.
(a) SENSE OF CONGRESS.—It is the sense of Congress that insti-
tutions of higher education receiving awards under the Integrative
Graduate Education and Research Traineeship program of the
Foundation should, among the activities supported under these
awards, train graduate students in the communication of the substance and importance of their research to nonscientist audiences.
(b) REPORT TO CONGRESS.—Not later than 3 years after the
date of enactment of this Act, the Director shall transmit a report
to the Committee on Science and Technology of the House of Representatives and to the Committee on Commerce, Science, and
Transportation and the Committee on Health, Education, Labor,
and Pensions of the Senate, describing the training programs described in subsection (a) provided to graduate students who participated in the Integrative Graduate Education and Research
Traineeship program. The report shall include data on the number
of graduate students trained and a description of the types of activities funded.
SEC. 7036. ø42 U.S.C. 1862o-14¿ 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.
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America COMPETES Act
Sec. 8001
(2) EXCEPTIONS.—Institutions of higher education that are
not Ph.D.-granting institutions are exempt from the cost sharing requirement in paragraph (1), and the Director may reduce
or waive the cost sharing requirement for—
(A) institutions—
(i) that are not ranked among the top 100 institutions receiving Federal research and development
funding, as documented by the statistical data published by the Foundation; and
(ii) for which the proposed project will make a
substantial improvement in the institution’s capabilities to conduct leading edge research, to provide research experiences for undergraduate students using
leading edge facilities, and to broaden the participation in science and engineering research by individuals
identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or
1885b); and
(B) consortia of institutions of higher education that
include at least one institution that is not a Ph.D.-granting
institution.
SEC. 7037. ø42 U.S.C. 1862o-15¿ 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 that
may be submitted by an institution, the Director shall allow the
subsequent submission of a full proposal based on each preproposal
that is determined to have merit following the Foundation’s merit
review process.
(b) REVIEW AND ASSESSMENT OF POLICIES.—The Board shall review and assess the effects on institutions of higher education of
the policies of the Foundation regarding the imposition of limitations on the number of proposals that may be submitted by a single
institution for programs supported by the Foundation. The Board
shall determine whether current policies are well justified and appropriate for the types of programs that limit the number of proposal submissions. Not later than 1 year after the date of enactment of this Act, the Board shall summarize the Board’s findings
and any recommendations regarding changes to the current policy
on the restriction of proposal submissions in a report to the Committee on Science and Technology of the House of Representatives
and to the Committee on Commerce, Science, and Transportation
and the Committee on Health, Education, Labor, and Pensions of
the Senate.
TITLE VIII—GENERAL PROVISIONS
SEC. 8001. COLLECTION OF DATA RELATING TO TRADE IN SERVICES.
(a) REPORT.—Not later than January 31, 2008, the Secretary
of Commerce, acting through the Director of the Bureau of Economic Analysis, shall report to Congress on the feasibility, annual
cost, and potential benefits of a program to collect and study data
relating to export and import of services.
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(b) PROGRAM.—The proposed program to be studied under subsection (a) shall include requirements that the Secretary annually—
(1) provide data collection and analysis relating to export
and import of services;
(2) collect and analyze data for service imports and exports
in not less than 40 service industry categories, on a State-byState basis;
(3) collect data on, and analyze, the employment effects of
exports and imports on the service industry; and
(4) integrate ongoing and planned data collection and analysis initiatives in research and development and innovation.
SEC. 8002. SENSE OF THE SENATE REGARDING SMALL BUSINESS
GROWTH AND CAPITAL MARKETS.
(a) FINDINGS.—Congress finds that—
(1) the United States has the most fair, most transparent,
and most efficient capital markets in the world, in part due to
its strong securities statutory and regulatory scheme;
(2) it is of paramount importance for the continued growth
of the economy of the Nation, that our capital markets retain
their leading position in the world;
(3) small businesses are vital participants in United States
capital markets, and play a critical role in future economic
growth and high-wage job creation;
(4) section 404 of the Sarbanes-Oxley Act of 2002 has
greatly enhanced the quality of corporate governance and financial reporting for public companies and increased investor
confidence;
(5) the Securities and Exchange Commission (referred to in
this section as the ‘‘Commission’’) and the Public Company Accounting Oversight Board (referred to in this section as the
‘‘PCAOB’’) have both determined that the current auditing
standard implementing section 404 of the Sarbanes-Oxley Act
of 2002 has imposed unnecessary and unintended cost burdens
on small and mid-sized public companies;
(6) the Commission and the PCAOB are now near completion of a 2-year process intended to revise the auditing standard in order to provide more efficient and effective regulation;
and
(7) the Chairman of the Commission recently has said,
with respect to section 404 of the Sarbanes-Oxley Act of 2002,
that, ‘‘We don’t need to change the law, we need to change the
way the law is implemented. It is the implementation of the
law that has caused the excessive burden, not the law itself.
That’s an important distinction. I don’t believe these important
investor protections, which are even now only a few years old,
should be opened up for amendment, or that they need to be.’’.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
the Commission and the PCAOB should complete promulgation of
the final rules implementing section 404 of the Sarbanes-Oxley Act
of 2002 (15 U.S.C. 7262).
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America COMPETES Act
Sec. 8006
SEC. 8003. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF ACTIVITIES, GRANTS, AND PROGRAMS.
Not later than 3 years after the date of enactment of this Act,
the Comptroller General of the United States shall submit a report
to Congress that—
(1) assesses and evaluates the effectiveness of a representative sample of the new or expanded programs and activities
(including programs and activities carried out under grants) required to be carried out under this Act; and
(2) includes such recommendations as the Comptroller
General determines are appropriate to ensure effectiveness of,
or improvements to, the programs and activities, including termination of programs or activities.
SEC. 8004. SENSE OF THE SENATE REGARDING ANTI-COMPETITIVE
TAX POLICY.
It is the sense of the Senate that Federal funds should not be
provided to any organization or entity that advocates against a
United States tax policy that is internationally competitive.
SEC. 8005. STUDY OF THE PROVISION OF ONLINE DEGREE PROGRAMS.
(a) IN GENERAL.—Not later than 90 days after the date of en-
actment of this Act, the Secretary of Education shall enter into an
arrangement with the National Academy of Sciences to conduct a
study and provide a report to the Secretary, the Secretary of Commerce, and Congress. The study shall consider the mechanisms and
supports needed for an institution of higher education (as defined
in section 7001) or nonprofit organization to develop and maintain
a program to provide free access to online educational content as
part of a degree program, especially in science, technology, engineering, mathematics, or foreign languages, without using Federal
funds, including funds provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) The study shall consider
whether such a program could be developed and managed by such
institution of higher education or nonprofit organization and sustained through private funding. The study shall examine how such
program can—
(1) build on existing online programs, including making
use of existing online courses;
(2) modify or expand traditional course content for online
educational content;
(3) develop original course content for online courses and
degree programs;
(4) provide necessary laboratory experience for science,
technology, and engineering courses;
(5) be accepted for full credit by other institutions of higher education; and
(6) provide credentials that would be recognized by employers, enabling program participants to attain employment.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may be
necessary for fiscal year 2008.
SEC. 8006. SENSE OF THE SENATE REGARDING DEEMED EXPORTS.
It is the sense of the Senate that—
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(1) the policies of the United States Government relating
to deemed exports should safeguard the national security of
the United States and protect fundamental research;
(2) the Department of Commerce has established the
Deemed Export Advisory Committee to develop recommendations for improving current controls on deemed exports; and
(3) the President and Congress should consider the recommendations of the Deemed Export Advisory Committee in
the development and implementation of export control policies.
SEC. 8007. SENSE OF THE SENATE REGARDING CAPITAL MARKETS.
It is the sense of the Senate that—
(1) Congress, the President, regulators, industry leaders,
and other stakeholders should take the necessary steps to reclaim the preeminent position of the United States in the global financial services marketplace;
(2) the Federal and State financial regulatory agencies
should, to the maximum extent possible—
(A) coordinate activities on significant policy matters,
so as not to impose regulations that may have adverse unintended consequences on innovativeness with respect to
financial products, instruments, and services, or that impose regulatory costs that are disproportionate to their
benefits; and
(B) at the same time, ensure that the regulatory
framework overseeing the United States capital markets
continues to promote and protect the interests of investors
in those markets; and
(3) given the complexity of the financial services marketplace, Congress should exercise vigorous oversight over Federal
regulatory and statutory requirements affecting the financial
services industry and consumers, with the goal of eliminating
excessive regulation and problematic implementation of existing laws and regulations, while ensuring that necessary investor protections are not compromised.
SEC. 8008. ø20 U.S.C. 9801 nt¿ ACCOUNTABILITY AND TRANSPARENCY
OF ACTIVITIES AUTHORIZED BY THIS ACT.
(a) PROHIBITED USE OF FUNDS.—A grant or contract funded by
amounts authorized by this Act may not be used for the purpose
of defraying the costs of a banquet or conference that is not directly
and programmatically related to the purpose for which the grant
or contract was awarded. A directly and programmatically related
banquet or conference includes a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract.
Records of the total costs related to, and justifications for, all banquets and conferences shall be reported to the appropriate Department, Administration, or Foundation. Not later than 60 days after
receipt of such records, the appropriate Department, Administration, or Foundation shall make the records available to the public.
(b) CONFLICT OF INTEREST STATEMENT.—Any person awarded
a grant or contract funded by amounts authorized by this Act shall
submit a statement to the Secretary of Commerce, the Secretary of
Energy, the Secretary of Education, the Administrator, or the DiAugust 24, 2022
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rector, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or
in any other manner to another person who has a financial interest
or other conflict of interest in the person awarded the grant or contract, unless such conflict is previously disclosed and approved in
the process of entering into a contract or awarding a grant. Not
later than 60 days after receipt of the certification, the appropriate
Secretary, Administrator, or Director shall make all documents received that relate to the certification available to the public.
(c) APPLICATION TO FEDERAL GRANTS AND CONTRACTS.—Subsections (a) and (b) shall take effect 360 days after the date of enactment of this Act.
(d) EXCEPTION.—Subsections (a) and (b) shall not apply to
grants or contracts authorized under sections 6201 and 6203.
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| File Created | 2024-08-28 |