Закон «О конкурентоспособности США» (Public Law 110-69, 121 Stat. 572), Соединенные Штаты Америки, WIPO Lex

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Английский America Competes Act (Public Law 110-69, 121 Stat. 572)

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PUBLIC LAW 110–69—AUG. 9, 2007

AMERICA COMPETES ACT

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

Public Law 110–69 110th Congress

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

competitiveness of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘America COMPETES Act’’ or the ‘‘America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act’’. SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents.

TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT- WIDE SCIENCE

Sec. 1001. National Science and Technology Summit. Sec. 1002. Study on barriers to innovation. Sec. 1003. National Technology and Innovation Medal. Sec. 1004. Semiannual Science, Technology, Engineering, and Mathematics Days. Sec. 1005. Study of service science. Sec. 1006. President’s Council on Innovation and Competitiveness. Sec. 1007. National coordination of research infrastructure. Sec. 1008. Sense of Congress on innovation acceleration research. Sec. 1009. Release of scientific research results.

TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Sec. 2001. NASA’s contribution to innovation. Sec. 2002. Aeronautics. Sec. 2003. Basic research enhancement. Sec. 2004. Aging workforce issues program. Sec. 2005. Sense of Congress regarding NASA’s undergraduate student research

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

and science education and competitiveness.

TITLE III—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY Sec. 3001. Authorization of appropriations. Sec. 3002. Amendments to the Stevenson-Wydler Technology Innovation Act of

1980. Sec. 3003. Manufacturing Extension Partnership. Sec. 3004. Institute-wide planning report. Sec. 3005. Report by Visiting Committee. Sec. 3006. Meetings of Visiting Committee on Advanced Technology. Sec. 3007. Collaborative manufacturing research pilot grants. Sec. 3008. Manufacturing Fellowship Program. Sec. 3009. Procurement of temporary and intermittent services. Sec. 3010. Malcolm Baldrige awards. Sec. 3011. Report on National Institute of Standards and Technology efforts to re-

cruit and retain early career science and engineering researchers.

America COMPETES Act. 20 USC 9801 note.

Aug. 9, 2007 [H.R. 2272]

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

Sec. 3012. Technology Innovation Program. Sec. 3013. Technical amendments to the National Institute of Standards and Tech-

nology Act and other technical amendments. Sec. 3014. Retention of depreciation surcharge. Sec. 3015. Post-doctoral fellows.

TITLE IV—OCEAN AND ATMOSPHERIC PROGRAMS Sec. 4001. Ocean and atmospheric Research and development Program. Sec. 4002. NOAA ocean and atmospheric Science education Programs. Sec. 4003. NOAA’s contribution to innovation.

TITLE V—DEPARTMENT OF ENERGY Sec. 5001. Short title. Sec. 5002. Definitions. Sec. 5003. Science, engineering, and mathematics education at the Department of

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

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

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

mathematics researchers. Sec. 5007. Authorization of appropriations for Department of Energy for basic re-

search. Sec. 5008. Discovery science and engineering innovation institutes. Sec. 5009. Protecting America’s Competitive Edge (PACE) graduate fellowship pro-

gram. Sec. 5010. Sense of Congress regarding certain recommendations and reviews. Sec. 5011. Distinguished scientist program. Sec. 5012. Advanced Research Projects Agency—Energy.

TITLE VI—EDUCATION Sec. 6001. Findings. Sec. 6002. Definitions.

Subtitle A—Teacher Assistance

PART I—TEACHERS FOR A COMPETITIVE TOMORROW Sec. 6111. Purpose. Sec. 6112. Definitions. Sec. 6113. Programs for baccalaureate degrees in science, technology, engineering,

mathematics, or critical foreign languages, with concurrent teacher cer- tification.

Sec. 6114. Programs for master’s degrees in science, technology, engineering, math- ematics, or critical foreign language education.

Sec. 6115. General provisions. Sec. 6116. Authorization of appropriations.

PART II—ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS Sec. 6121. Purpose. Sec. 6122. Definitions. Sec. 6123. Advanced Placement and International Baccalaureate Programs.

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

Sec. 6131. Promising practices.

Subtitle B—Mathematics Sec. 6201. Math Now for elementary school and middle school students program. Sec. 6202. Summer term education programs. Sec. 6203. Math skills for secondary school students. Sec. 6204. Peer review of State applications.

Subtitle C—Foreign Language Partnership Program Sec. 6301. Findings and purpose. Sec. 6302. Definitions. Sec. 6303. Program authorized. Sec. 6304. Authorization of appropriations.

Subtitle D—Alignment of Education Programs Sec. 6401. Alignment of secondary school graduation requirements with the de-

mands of 21st century postsecondary endeavors and support for P–16 education data systems.

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

Subtitle E—Mathematics and Science Partnership Bonus Grants Sec. 6501. Mathematics and science partnership bonus grants. Sec. 6502. Authorization of appropriations.

TITLE VII—NATIONAL SCIENCE FOUNDATION Sec. 7001. Definitions. Sec. 7002. Authorization of appropriations. Sec. 7003. Reaffirmation of the merit-review process of the National Science Foun-

dation. Sec. 7004. Sense of the Congress regarding the mathematics and science partner-

ship programs of the Department of Education and the National Science Foundation.

Sec. 7005. Curricula. Sec. 7006. Centers for research on learning and education improvement. Sec. 7007. Interdisciplinary research. Sec. 7008. Postdoctoral research fellows. Sec. 7009. Responsible conduct of research. Sec. 7010. Reporting of research results. Sec. 7011. Sharing research results. Sec. 7012. Funding for successful science, technology, engineering, and mathe-

matics education programs. Sec. 7013. Cost sharing. Sec. 7014. Additional reports. Sec. 7015. Administrative amendments. Sec. 7016. National Science Board reports. Sec. 7017. Program Fraud Civil Remedies Act of 1986 amendment. Sec. 7018. Meeting critical national science needs. Sec. 7019. Research on innovation and inventiveness. Sec. 7020. Cyberinfrastructure. Sec. 7021. Pilot program of grants for new investigators. Sec. 7022. Broader impacts merit review criterion. Sec. 7023. Donations. Sec. 7024. High-performance computing and networking. Sec. 7025. Science, technology, engineering, and mathematics talent expansion pro-

gram. Sec. 7026. Laboratory science pilot program. Sec. 7027. Study on laboratory equipment donations for schools. Sec. 7028. Mathematics and Science Education Partnerships amendments. Sec. 7029. National Science Foundation teacher institutes for the 21st century. Sec. 7030. Robert Noyce Teacher Scholarship Program. Sec. 7031. Encouraging participation. Sec. 7032. National Academy of Sciences report on diversity in science, technology,

engineering, and mathematics fields. Sec. 7033. Hispanic-serving institutions undergraduate program. Sec. 7034. Professional science master’s degree programs. Sec. 7035. Sense of Congress on communications training for scientists. Sec. 7036. Major research instrumentation. Sec. 7037. Limit on proposals.

TITLE VIII—GENERAL PROVISIONS Sec. 8001. Collection of data relating to trade in services. Sec. 8002. Sense of the Senate regarding small business growth and capital mar-

kets. Sec. 8003. Government Accountability Office review of activities, grants, and pro-

grams. Sec. 8004. Sense of the Senate regarding anti-competitive tax policy. Sec. 8005. Study of the provision of online degree programs. Sec. 8006. Sense of the Senate regarding deemed exports. Sec. 8007. Sense of the Senate regarding capital markets. Sec. 8008. Accountability and transparency of activities authorized by this Act.

TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT- WIDE SCIENCE

SEC. 1001. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.

(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the President shall convene a National

Deadline.

President.

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

Science and Technology Summit to examine the health and direction of the United States’ science, technology, engineering, and mathe- matics enterprises. The Summit shall include representatives of industry, small business, labor, academia, State government, Fed- eral research and development agencies, non-profit environmental and energy policy groups concerned with science and technology issues, and other nongovernmental organizations, including rep- resentatives of science, technology, and engineering organizations and associations that represent individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).

(b) REPORT.—Not later than 90 days after the date of the conclusion of the Summit, the President shall submit to Congress a report on the results of the Summit. The report shall identify key research and technology challenges and recommendations, including recommendations to increase the representation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in science, engineering, and technology enterprises, for areas of investment for Federal research and technology programs to be carried out during the 5-year period beginning on the date the report is issued.

(c) ANNUAL EVALUATION.—Beginning with the President’s budget submission for the fiscal year following the conclusion of the National Science and Technology Summit and for each of the following 4 budget submissions, the Analytical Perspectives compo- nent of the budget document that describes the Research and Development budget priorities shall include a description of how those priorities relate to the conclusions and recommendations of the Summit contained in the report required under subsection (b).

SEC. 1002. STUDY ON BARRIERS TO INNOVATION.

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall enter into a contract with the National Academy of Sciences to conduct and complete a study to identify, and to review methods to mitigate, new forms of risk for businesses beyond conventional operational and financial risk that affect the ability to innovate, including studying and reviewing—

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

(2) methods of voluntary and supplemental disclosure by industry of intellectual capital, innovation performance, and indicators of future valuation;

(3) means by which government could work with industry to enhance the legal and regulatory framework to encourage the disclosures described in paragraph (2);

(4) practices that may be significant deterrents to United States businesses engaging in innovation risk-taking compared to foreign competitors;

(5) costs faced by United States businesses engaging in innovation compared to foreign competitors, including the bur- den placed on businesses by high and rising health care costs;

Deadline. Contracts.

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

(6) means by which industry, trade associations, and universities could collaborate to support research on manage- ment practices and methodologies for assessing the value and risks of longer term innovation strategies;

(7) means to encourage new, open, and collaborative dia- logue between industry associations, regulatory authorities, management, shareholders, labor, and other concerned interests to encourage appropriate approaches to innovation risk-taking;

(8) incentives to encourage participation among institutions of higher education, especially those in rural and underserved areas, to engage in innovation;

(9) relevant Federal regulations that may discourage or encourage innovation;

(10) all provisions of the Internal Revenue Code of 1986, including tax provisions, compliance costs, and reporting requirements, that discourage innovation;

(11) the extent to which Federal funding promotes or hinders innovation; and

(12) the extent to which individuals are being equipped with the knowledge and skills necessary for success in the 21st century workforce, as measured by—

(A) elementary school and secondary school student academic achievement on the State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 (b)(3)), especially in mathematics, science, and reading, identified by ethnicity, race, and gender;

(B) the rate of student entrance into institutions of higher education, identified by ethnicity, race, and gender, by type of institution, and barriers to access to institutions of higher education;

education programs, identified by ethnicity, race, and gender; and

(ii) certificates, associate degrees, and bacca- laureate degrees awarded in the fields of science, tech- nology, engineering, and mathematics, identified by ethnicity, race, and gender; and (D) access to, and availability of, high quality job

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

into the contract required by subsection (a) and 4 years after entering into such contract, the National Academy of Sciences shall submit to Congress a report on the study conducted under such subsection.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Office of Science and Technology Policy $1,000,000 for fiscal year 2008 for the purpose of carrying out the study required under this section.

SEC. 1003. NATIONAL TECHNOLOGY AND INNOVATION MEDAL.

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

(1) in the section heading, by striking ‘‘NATIONAL MEDAL’’ and inserting ‘‘NATIONAL TECHNOLOGY AND INNOVATION MEDAL’’; and

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

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

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

It is the sense of Congress that the Director of the Office of Science and Technology Policy should—

(1) encourage all elementary and middle schools to observe a Science, Technology, Engineering, and Mathematics Day twice in every school year for the purpose of bringing in science, technology, engineering, and mathematics mentors to provide hands-on lessons to excite and inspire students to pursue the science, technology, engineering, and mathematics fields (including continuing education and career paths);

(2) initiate a program, in consultation with Federal agencies and departments, to provide support systems, tools (from existing outreach offices), and mechanisms to allow and encour- age Federal employees with scientific, technological, engineering, or mathematical responsibilities to reach out to local classrooms on such Science, Technology, Engineering, and Mathematics Days to instruct and inspire school children, focusing on real life science, technology, engineering, and mathematics-related applicable experiences along with hands- on demonstrations in order to demonstrate the advantages and direct applications of studying the science, technology, engineering, and mathematics fields; and

(3) promote Science, Technology, Engineering, and Mathe- matics Days involvement by private sector and institutions of higher education employees, including partnerships with sci- entific, engineering, and mathematical professional organiza- tions representing individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b), in a manner similar to the Federal employee involvement described in paragraph (2).

SEC. 1005. STUDY OF SERVICE SCIENCE.

(a) SENSE OF CONGRESS.—It is the sense of Congress that, in order to strengthen the competitiveness of United States enter- prises and institutions and to prepare the people of the United States for high-wage, high-skill employment, the Federal Govern- ment should better understand and respond strategically to the emerging management and learning discipline known as service science.

(b) STUDY.—Not later than 1 year after the date of the enact- ment of this Act, the Director of the Office of Science and Technology Policy shall, through the National Academy of Sciences, conduct a study and report to Congress on how the Federal Government should support, through research, education, and training, the emerging management and learning discipline known as service science.

(c) OUTSIDE RESOURCES.—In conducting the study under sub- section (b), the National Academy of Sciences shall consult with leaders from 2- and 4-year institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), leaders from corporations, and other relevant parties.

(d) SERVICE SCIENCE DEFINED.—In this section, the term ‘‘service science’’ means curricula, training, and research programs

Deadline. Reports.

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

that are designed to teach individuals to apply scientific, engineering, and management disciplines that integrate elements of computer science, operations research, industrial engineering, business strategy, management sciences, and social and legal sciences, in order to encourage innovation in how organizations create value for customers and shareholders that could not be achieved through such disciplines working in isolation.

SEC. 1006. PRESIDENT’S COUNCIL ON INNOVATION AND COMPETITIVE- NESS.

(a) IN GENERAL.—The President shall establish a President’s Council on Innovation and Competitiveness.

(b) DUTIES.—The duties of the Council shall include— (1) monitoring implementation of public laws and initia-

tives for promoting innovation, including policies related to research funding, taxation, immigration, trade, and education that are proposed in this Act or in any other Act;

(2) providing advice to the President with respect to global trends in competitiveness and innovation and allocation of Fed- eral resources in education, job training, and technology research and development considering such global trends in competitiveness and innovation;

(3) in consultation with the Director of the Office of Management and Budget, developing a process for using metrics to assess the impact of existing and proposed policies and rules that affect innovation capabilities in the United States;

(4) identifying opportunities and making recommendations for the heads of executive agencies to improve innovation, moni- toring, and reporting on the implementation of such rec- ommendations;

(5) developing metrics for measuring the progress of the Federal Government with respect to improving conditions for innovation, including through talent development, investment, and infrastructure improvements; and

(6) submitting to the President and Congress an annual report on such progress. (c) MEMBERSHIP AND COORDINATION.—

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

(A) The Department of Commerce. (B) The Department of Defense. (C) The Department of Education. (D) The Department of Energy. (E) The Department of Health and Human Services. (F) The Department of Homeland Security. (G) The Department of Labor. (H) The Department of the Treasury. (I) The National Aeronautics and Space Administra-

tion. (J) The Securities and Exchange Commission. (K) The National Science Foundation. (L) The Office of the United States Trade Representa-

tive. (M) The Office of Management and Budget. (N) The Office of Science and Technology Policy. (O) The Environmental Protection Agency. (P) The Small Business Administration.

Establishment.

15 USC 3718.

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

(Q) Any other department or agency designated by the President. (2) CHAIRPERSON.—The Secretary of Commerce shall serve

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

ensure appropriate coordination between the Council and the National Economic Council, the National Security Council, and the National Science and Technology Council.

(4) MEETINGS.—The Council shall meet on a semi-annual basis at the call of the Chairperson and the initial meeting of the Council shall occur not later than 6 months after the date of the enactment of this Act. (d) DEVELOPMENT OF INNOVATION AGENDA.—

(1) IN GENERAL.—The Council shall develop a comprehen- sive agenda for strengthening the innovation and competitive- ness capabilities of the Federal Government, State govern- ments, academia, and the private sector in the United States.

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

(A) An assessment of current strengths and weaknesses of the United States investment in research and develop- ment.

(B) Recommendations for addressing weaknesses and maintaining the United States as a world leader in research and development and technological innovation, including strategies for increasing the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in science, technology, engineering, and mathematics fields.

(C) Recommendations for strengthening the innovation and competitiveness capabilities of the Federal Govern- ment, State governments, academia, and the private sector in the United States. (3) ADVISORS.—

(A) RECOMMENDATION.—Not later than 30 days after the date of the enactment of this Act, the National Academy of Sciences, in consultation with the National Academy of Engineering, the Institute of Medicine, and the National Research Council, shall develop and submit to the President a list of 50 individuals that are recommended to serve as advisors to the Council during the development of the comprehensive agenda required by paragraph (1). The list of advisors shall include appropriate representatives from the following:

(i) The private sector of the economy. (ii) Labor. (iii) Various fields including information tech-

nology, energy, engineering, high-technology manufac- turing, health care, and education.

(iv) Scientific organizations. (v) Academic organizations and other nongovern-

mental organizations working in the area of science or technology.

(vi) Nongovernmental organizations, such as professional organizations, that represent individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a

Deadline.

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

or 1885b) in the areas of science, engineering, tech- nology, and mathematics. (B) DESIGNATION.—Not later than 30 days after the

date that the National Academy of Sciences submits the list of recommended individuals to serve as advisors, the President shall designate 50 individuals to serve as advisors to the Council.

(C) REQUIREMENT TO CONSULT.—The Council shall develop the comprehensive agenda required by paragraph (1) in consultation with the advisors. (4) INITIAL SUBMISSION AND UPDATES.—

(A) INITIAL SUBMISSION.—Not later than 1 year after the date of the enactment of this Act, the Council shall submit to Congress and the President the comprehensive agenda required by paragraph (1).

(B) UPDATES.—At least once every 2 years, the Council shall update the comprehensive agenda required by para- graph (1) and submit each such update to Congress and the President.

(e) OPTIONAL ASSIGNMENT.—Notwithstanding subsection (a) and paragraphs (1) and (2) of subsection (c), the President may designate an existing council to carry out the requirements of this section.

SEC. 1007. NATIONAL COORDINATION OF RESEARCH INFRASTRUC- TURE.

(a) IDENTIFICATION AND PRIORITIZATION OF DEFICIENCIES IN FEDERAL RESEARCH FACILITIES.—Each year the Director of the Office of Science and Technology Policy shall, through the National Science and Technology Council, identify and prioritize the defi- ciencies in research facilities and major instrumentation located at Federal laboratories and national user facilities at academic institutions that are widely accessible for use by researchers in the United States. In prioritizing such deficiencies, the Director shall consider research needs in areas relevant to the specific mis- sion requirements of Federal agencies.

(b) PLANNING FOR ACQUISITION, REFURBISHMENT, AND MAINTE- NANCE OF RESEARCH FACILITIES AND MAJOR INSTRUMENTATION.— The Director shall, through the National Science and Technology Council, coordinate the planning by Federal agencies for the acquisi- tion, refurbishment, and maintenance of research facilities and major instrumentation to address the deficiencies identified under subsection (a).

(c) REPORT.—The Director shall submit to Congress each year, together with documents submitted to Congress in support of the budget of the President for the fiscal year beginning in such year (as submitted pursuant to section 1105 of title 31, United States Code), a report, current as of the fiscal year ending in the year before such report is submitted, setting forth the following:

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

(2) A list of projects and budget proposals of Federal research facilities, set forth by agency, for major instrumenta- tion acquisitions that are included in the budget proposal of the President.

42 USC 6619.

Deadlines.

Deadline. President.

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

(3) An explanation of how the projects and instrumentation acquisitions described in paragraph (2) relate to the deficiencies and priorities identified pursuant to subsection (a).

SEC. 1008. SENSE OF CONGRESS ON INNOVATION ACCELERATION RESEARCH.

(a) SENSE OF CONGRESS ON SUPPORT AND PROMOTION OF INNOVATION IN THE UNITED STATES.—It is the sense of Congress that each Federal research agency should strive to support and promote innovation in the United States through high-risk, high- reward basic research projects that—

(1) meet fundamental technological or scientific challenges; (2) involve multidisciplinary work; and (3) involve a high degree of novelty.

(b) SENSE OF CONGRESS ON SETTING ANNUAL FUNDING GOALS FOR BASIC RESEARCH.—It is the sense of Congress that each Execu- tive agency that funds research in science, technology, engineering, or mathematics should set a goal of allocating an appropriate percentage of the annual basic research budget of such agency to funding high-risk, high-reward basic research projects described in subsection (a).

(c) REPORT.—Each Executive agency described in subsection (b) shall submit to Congress each year, together with documents submitted to Congress in support of the budget of the President for the fiscal year beginning in such year (as submitted pursuant to section 1105 of title 31, United States Code), a report describing whether a funding goal as described in subsection (b) has been established, and if such a goal has been established, the following:

(1) A description of such funding goal. (2) Whether such funding goal is being met by the agency. (3) A description of activities supported by amounts allo-

cated in accordance with such funding goal. (d) DEFINITIONS.—In this section:

(1) BASIC RESEARCH.—The term ‘‘basic research’’ has the meaning given such term in the Office of Management and Budget Circular No. A–11.

(2) EXECUTIVE AGENCY.—The term ‘‘Executive agency’’ has the meaning given such term in section 105 of title 5, United States Code.

SEC. 1009. RELEASE OF SCIENTIFIC RESEARCH RESULTS.

(a) PRINCIPLES.—Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with the Director of the Office of Management and Budget and the heads of all Federal civilian agencies that conduct scientific research, shall develop and issue an overarching set of principles to ensure the communication and open exchange of data and results to other agencies, policymakers, and the public of research conducted by a scientist employed by a Federal civilian agency and to prevent the intentional or uninten- tional suppression or distortion of such research findings. The prin- ciples shall encourage the open exchange of data and results of research undertaken by a scientist employed by such an agency and shall be consistent with existing Federal laws, including chapter 18 of title 35, United States Code (commonly known as the ‘‘Bayh- Dole Act’’). The principles shall also take into consideration the policies of peer-reviewed scientific journals in which Federal sci- entists may currently publish results.

Deadline.

42 USC 6620.

42 USC 6603.

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

(b) IMPLEMENTATION.—Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall ensure that all civilian Federal agencies that conduct scientific research develop specific policies and proce- dures regarding the public release of data and results of research conducted by a scientist employed by such an agency consistent with the principles established under subsection (a). Such polices and procedures shall—

(1) specifically address what is and what is not permitted or recommended under such policies and procedures;

(2) be specifically designed for each such agency; (3) be applied uniformly throughout each such agency; and (4) be widely communicated and readily accessible to all

employees of each such agency and the public.

TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SEC. 2001. NASA’S CONTRIBUTION TO INNOVATION.

(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The National Aeronautics and Space Administration shall be a full participant in any interagency effort to promote innovation and economic competitiveness through near-term and long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the National Aeronautics and Space Administration’s mission, including authorized activities.

(b) HISTORIC FOUNDATION.—In order to carry out the participa- tion described in subsection (a), the Administrator of the National Aeronautics and Space Administration shall build on the historic role of the National Aeronautics and Space Administration in stimu- lating excellence in the advancement of physical science and engineering disciplines and in providing opportunities and incen- tives for the pursuit of academic studies in science, technology, engineering, and mathematics.

(c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION LEVELS.—The balanced science program authorized by section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611) shall be an element of the contribution by the National Aeronautics and Space Adminis- tration to such interagency programs.

(d) SENSE OF CONGRESS ON CONTRIBUTION OF APPROPRIATELY FUNDED NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.— It is the sense of Congress that a robust National Aeronautics and Space Administration, funded at the levels authorized for fiscal years 2007 and 2008 under sections 202 and 203 of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16631 and 16632) and at appropriate levels in subsequent fiscal years—

(1) can contribute significantly to innovation in, and the competitiveness of, the United States;

(2) would enable a fair balance among science, aeronautics, education, exploration, and human space flight programs; and

(3) would allow full participation in any interagency efforts to promote innovation and economic competitiveness. (e) ANNUAL REPORT.—

42 USC 16611a.

Deadline. Procedures.

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

(1) REQUIREMENT.—The Administrator shall submit to Con- gress and the President an annual report describing the activi- ties conducted pursuant to this section, including a description of the goals and the objective metrics upon which funding decisions were made.

(2) CONTENT.—Each report submitted pursuant to para- graph (1) shall include, with regard to science, technology, engineering, and mathematics education programs, at a min- imum, the following:

(A) A description of each program. (B) The amount spent on each program. (C) The number of students or teachers served by

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

of the enactment of this Act, the Administrator shall submit to Congress a report on its plan for instituting assessments of the effectiveness of the National Aeronautics and Space Administra- tion’s science, technology, engineering, and mathematics education programs in improving student achievement, including with regard to challenging State achievement standards. SEC. 2002. AERONAUTICS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that the aeronautics research and development program of the National Aeronautics and Space Administration has been an important contributor to innovation and to the competitiveness of the United States and the National Aeronautics and Space Administration should maintain its capabilities to advance the state of aeronautics.

(b) COOPERATION WITH OTHER AGENCIES ON AERONAUTICS ACTIVITIES.—The Administrator shall coordinate, as appropriate, the National Aeronautics and Space Administration’s aeronautics activities with relevant programs in the Department of Transpor- tation, the Department of Defense, the Department of Commerce, and the Department of Homeland Security, including the activities of the Joint Planning and Development Office established under section 709 of the Vision 100–Century of Aviation Reauthorization Act (Public Law 108–176; 117 Stat. 2582). SEC. 2003. BASIC RESEARCH ENHANCEMENT.

(a) IN GENERAL.—The Administrator of the National Aero- nautics and Space Administration, the Director of the National Science Foundation, the Secretary of Energy, the Secretary of Defense, and Secretary of Commerce shall, to the extent practicable, coordinate basic research activities related to physical sciences, technology, engineering, and mathematics.

(b) BASIC RESEARCH DEFINED.—In this section, the term ‘‘basic research’’ has the meaning given such term in Office of Management and Budget Circular No. A–11. SEC. 2004. AGING WORKFORCE ISSUES PROGRAM.

It is the sense of Congress that the Administrator of the National Aeronautics and Space Administration should implement a program to address aging work force issues in aerospace that—

(1) documents technical and management experiences before senior people leave the National Aeronautics and Space Administration, including—

(A) documenting lessons learned; (B) briefing organizations;

42 USC 16658.

42 USC 16712.

Deadline. Reports.

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

(D) providing opportunities for near-term retirees to transition out early from their primary assignment in order to document their career lessons learned and brief new employees prior to their separation from the National Aero- nautics and Space Administration; (2) provides incentives for retirees to return and teach

new employees about their career lessons and experiences; and (3) provides for the development of an award to recognize

and reward outstanding senior employees for their contribu- tions to knowledge sharing.

SEC. 2005. SENSE OF CONGRESS REGARDING NASA’S UNDERGRADUATE STUDENT RESEARCH PROGRAM.

It is the sense of Congress that in order to generate interest in careers in science, technology, engineering, and mathematics and to help train the next generation of space and aeronautical scientists, technologists, engineers, and mathematicians the Administrator of the National Aeronautics and Space Administra- tion should utilize the existing Undergraduate Student Research Program of the National Aeronautics and Space Administration to support basic research projects on subjects of relevance to the National Aeronautics and Space Administration that—

(1) are to be carried out primarily by undergraduate stu- dents; and

(2) combine undergraduate research with other research supported by the National Aeronautics and Space Administra- tion.

SEC. 2006. USE OF INTERNATIONAL SPACE STATION NATIONAL LAB- ORATORY TO SUPPORT MATH AND SCIENCE EDUCATION AND COMPETITIVENESS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that the International Space Station National Laboratory offers unique opportunities for educational activities and provides a unique resource for research and development in science, technology, and engineering, which can enhance the global competitiveness of the United States.

(b) DEVELOPMENT OF EDUCATIONAL PROJECTS.—The Adminis- trator of the National Aeronautics and Space Administration shall develop a detailed plan for implementation of 1 or more education projects that utilize the resources offered by the International Space Station. In developing any detailed plan according to this para- graph, the Administrator shall make use of the findings and rec- ommendations of the International Space Station National Labora- tory Education Concept Development Task Force.

(c) DEVELOPMENT OF RESEARCH PLANS FOR COMPETITIVENESS ENHANCEMENT.—The Administrator shall develop a detailed plan for identification and support of research to be conducted aboard the International Space Station, which offers the potential for enhancement of United States competitiveness in science, tech- nology, and engineering. In developing any detailed plan pursuant to this subsection, the Administrator shall consult with agencies and entities with which cooperative agreements have been reached regarding utilization of International Space Station National Lab- oratory facilities.

Plans. 42 USC 2451 note.

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

TITLE III—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

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

appropriated to the Secretary of Commerce for the scientific and technical research and services laboratory activities of the National Institute of Standards and Technology—

(A) $502,100,000 for fiscal year 2008; (B) $541,900,000 for fiscal year 2009; and (C) $584,800,000 for fiscal year 2010.

(2) CONSTRUCTION AND MAINTENANCE.—There are author- ized to be appropriated to the Secretary of Commerce for construction and maintenance of facilities of the National Institute of Standards and Technology—

(A) $150,900,000 for fiscal year 2008; (B) $86,400,000 for fiscal year 2009; and (C) $49,700,000 for fiscal year 2010.

(b) INDUSTRIAL TECHNOLOGY SERVICES.—There are authorized to be appropriated to the Secretary of Commerce for Industrial Technology Services activities of the National Institute of Standards and Technology—

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

Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), of which at least $40,000,000 shall be for new awards; and

(B) $110,000,000 shall be for the Manufacturing Exten- sion Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), of which not more than $1,000,000 shall be for the competitive grant program under section 25(f) of such Act; (2) $253,500,000 for fiscal year 2009, of which—

(A) $131,500,000 shall be for the Technology Innovation Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), of which at least $40,000,000 shall be for new awards; and

(B) $122,000,000 shall be for the Manufacturing Exten- sion Partnership Program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), of which not more than $4,000,000 shall be for the competitive grant program under section 25(f) of such Act; and (3) $272,300,000 for fiscal year 2010, of which—

(A) $140,500,000 shall be for the Technology Innovation Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), of which at least $40,000,000 shall be for new awards; and

(B) $131,800,000 shall be for the Manufacturing Exten- sion Partnership Program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), of which not more than $4,000,000 shall be for the competitive grant program under section 25(f) of such Act.

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

SEC. 3002. AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980.

(a) IN GENERAL.—Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended—

(1) by striking subsections (a) through (e); (2) by redesignating subsection (f) as subsection (a); (3) in subsection (a), as redesignated by paragraph (2)—

(A) in paragraph (1), by striking ‘‘The Secretary, acting through the Under Secretary, shall establish for fiscal year 1999’’ and inserting ‘‘Beginning in fiscal year 1999, the Secretary shall establish’’;

(B) by striking ‘‘, acting through the Under Secretary,’’ each place it appears;

(C) by redesignating paragraph (6) as subsection (b); (D) by striking paragraph (7); and (E) in the subsection heading, by striking ‘‘EXPERI-

MENTAL PROGRAM TO STIMULATE COMPETITIVE TECH- NOLOGY’’ and inserting ‘‘PROGRAM ESTABLISHMENT’’; (4) in subsection (b), as redesignated by paragraph (3)(C),

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

(5) in the section heading by striking ‘‘COMMERCE AND TECHNOLOGICAL INNOVATION’’ and inserting ‘‘EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY’’. (b) CONSTRUCTION.—The amendments made by subsection (a)

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

5, United States Code, is amended by striking ‘‘Under Secretary of Commerce for Technology.’’.

(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.— The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended—

(A) in section 2 of such Act (15 U.S.C. 272)— (i) in subsection (b), by striking ‘‘and, if appro-

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

priate, through other appropriate officials,’’; and (B) in section 5 of such Act (15 U.S.C. 274), by striking

‘‘The Director shall have the general’’ and inserting ‘‘The Director shall report directly to the Secretary and shall have the general’’. (3) DEFINITIONS.—Section 4 of the Stevenson-Wydler Tech-

nology Innovation Act of 1980 (15 U.S.C. 3703) is amended— (A) by striking paragraphs (1) and (3); and (B) by redesignating paragraphs (2) through (13) as

paragraphs (1) through (11), respectively. (4) FUNCTIONS OF SECRETARY.—Section 11(g)(1) of such Act

(15 U.S.C. 3710(g)(1)) is amended by striking ‘‘through the Under Secretary, and’’.

(5) REPEAL OF AUTHORIZATION.—Section 21(a) of such Act (15 U.S.C. 3713(a)) is amended—

(A) in paragraph (1), by striking ‘‘sections 5, 11(g), and 16’’ and inserting ‘‘sections 11(g) and 16’’; and

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

15 USC 3704 note.

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

of the Japanese technical literature program established under section 5(d) of this Act;’’. (6) HIGH-PERFORMANCE COMPUTING ACT OF 1991.—Section

208 of the High-Performance Computing Act of 1991 (15 U.S.C. 5528) is amended by striking subsection (c) and redesignating subsection (d) as subsection (c).

(7) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section 6(b)(4)(B)(v) of the Assistive Technology Act of 1998 (29 U.S.C. 3005(b)(4)(B)(v)) is amended by striking ‘‘the Technology Administration of the Department of Commerce,’’ and inserting ‘‘the National Institute of Standards and Technology,’’.

SEC. 3003. MANUFACTURING EXTENSION PARTNERSHIP.

(a) CLARIFICATION OF ELIGIBLE CONTRIBUTIONS IN CONNECTION WITH REGIONAL CENTERS RESPONSIBLE FOR IMPLEMENTING THE OBJECTIVES OF THE PROGRAM.—Paragraph (3) of section 25(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(c)(3)) is amended to read as follows:

‘‘(3)(A) Any nonprofit institution, or group thereof, or consortia of nonprofit institutions, including entities existing on August 23, 1988, may submit to the Secretary an application for financial support under this subsection, in accordance with the procedures established by the Secretary and published in the Federal Register under paragraph (2).

‘‘(B) In order to receive assistance under this section, an applicant for financial assistance under subparagraph (A) shall provide adequate assurances that non-Federal assets obtained from the applicant and the applicant’s partnering organizations will be used as a funding source to meet not less than 50 percent of the costs incurred for the first 3 years and an increasing share for each of the last 3 years. For purposes of the preceding sentence, the costs incurred means the costs incurred in connection with the activities undertaken to improve the management, productivity, and technological performance of small- and medium-sized manufac- turing companies.

‘‘(C) In meeting the 50 percent requirement, it is anticipated that a Center will enter into agreements with other entities such as private industry, universities, and State governments to accom- plish programmatic objectives and access new and existing resources that will further the impact of the Federal investment made on behalf of small- and medium-sized manufacturing companies. All non-Federal costs, contributed by such entities and determined by a Center as programmatically reasonable and allocable under MEP program procedures are includable as a portion of the Center’s contribution.

‘‘(D) Each applicant under subparagraph (A) shall also submit a proposal for the allocation of the legal rights associated with any invention which may result from the proposed Center’s activi- ties.’’.

(b) MANUFACTURING CENTER EVALUATION.—Paragraph (5) of section 25(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(c)(5)) is amended by inserting ‘‘A Center that has not received a positive evaluation by the evaluation panel shall be notified by the panel of the deficiencies in its performance and shall be placed on probation for one year, after which time the panel shall reevaluate the Center. If the Center has not

Notification.

Proposal.

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

addressed the deficiencies identified by the panel, or shown a signifi- cant improvement in its performance, the Director shall conduct a new competition to select an operator for the Center or may close the Center.’’ after ‘‘at declining levels.’’.

(c) FEDERAL SHARE.—Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended by striking subsection (d) and inserting the following:

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

appropriated to the Secretary and Director to operate the Cen- ters program, the Secretary and Director also may accept funds from other Federal departments and agencies and under section 2(c)(7) from the private sector for the purpose of strengthening United States manufacturing.

‘‘(2) ALLOCATION OF FUNDS.— ‘‘(A) FUNDS ACCEPTED FROM OTHER FEDERAL DEPART-

MENTS OR AGENCIES.—The Director shall determine whether funds accepted from other Federal departments or agencies shall be counted in the calculation of the Fed- eral share of capital and annual operating and maintenance costs under subsection (c).

‘‘(B) FUNDS ACCEPTED FROM THE PRIVATE SECTOR.— Funds accepted from the private sector under section 2(c)(7), if allocated to a Center, shall not be considered in the calculation of the Federal share under subsection (c) of this section.’’.

(d) MEP ADVISORY BOARD.—Such section 25 is further amended by adding at the end the following:

‘‘(e) MEP ADVISORY BOARD.— ‘‘(1) ESTABLISHMENT.—There is established within the

Institute a Manufacturing Extension Partnership Advisory Board (in this subsection referred to as the ‘MEP Advisory Board’).

‘‘(2) MEMBERSHIP.— ‘‘(A) IN GENERAL.—The MEP Advisory Board shall con-

sist of 10 members broadly representative of stakeholders, to be appointed by the Director. At least 2 members shall be employed by or on an advisory board for the Centers, and at least 5 other members shall be from United States small businesses in the manufacturing sector. No member shall be an employee of the Federal Government.

‘‘(B) TERM.—Except as provided in subparagraph (C) or (D), the term of office of each member of the MEP Advisory Board shall be 3 years.

‘‘(C) CLASSES.—The original members of the MEP Advisory Board shall be appointed to 3 classes. One class of 3 members shall have an initial term of 1 year, one class of 3 members shall have an initial term of 2 years, and one class of 4 members shall have an initial term of 3 years.

‘‘(D) VACANCIES.—Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.

‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who has completed two consecutive full terms of service on the MEP Advisory Board shall thereafter be ineligible for

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

appointment during the one-year period following the expiration of the second such term. ‘‘(3) MEETINGS.—The MEP Advisory Board shall meet not

less than 2 times annually, and provide to the Director— ‘‘(A) advice on Manufacturing Extension Partnership

programs, plans, and policies; ‘‘(B) assessments of the soundness of Manufacturing

Extension Partnership plans and strategies; and ‘‘(C) assessments of current performance against Manu-

facturing Extension Partnership program plans. ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—In discharging

its duties under this subsection, the MEP Advisory Board shall function solely in an advisory capacity, in accordance with the Federal Advisory Committee Act.

‘‘(5) REPORT.—The MEP Advisory Board shall transmit an annual report to the Secretary for transmittal to Congress within 30 days after the submission to Congress of the Presi- dent’s annual budget request in each year. Such report shall address the status of the program established pursuant to this section and comment on the relevant sections of the pro- grammatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and (d) of section 23.’’. (e) MANUFACTURING EXTENSION CENTER COMPETITIVE GRANT

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

‘‘(f) COMPETITIVE GRANT PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Director shall establish, within

the Centers program under this section and section 26 of this Act, a program of competitive awards among participants described in paragraph (2) for the purposes described in para- graph (3).

‘‘(2) PARTICIPANTS.—Participants receiving awards under this subsection shall be the Centers, or a consortium of such Centers.

‘‘(3) PURPOSE.—The purpose of the program under this subsection is to develop projects to solve new or emerging manufacturing problems as determined by the Director, in con- sultation with the Director of the Centers program, the Manu- facturing Extension Partnership Advisory Board, and small and medium-sized manufacturers. One or more themes for the competition may be identified, which may vary from year to year, depending on the needs of manufacturers and the success of previous competitions. These themes shall be related to projects associated with manufacturing extension activities, including supply chain integration and quality management, and including the transfer of technology based on the techno- logical needs of manufacturers and available technologies from institutions of higher education, laboratories, and other tech- nology producing entities, or extend beyond these traditional areas.

‘‘(4) APPLICATIONS.—Applications for awards under this subsection shall be submitted in such manner, at such time, and containing such information as the Director shall require, in consultation with the Manufacturing Extension Partnership Advisory Board.

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

‘‘(5) SELECTION.—Awards under this subsection shall be peer reviewed and competitively awarded. The Director shall select proposals to receive awards—

‘‘(A) that utilize innovative or collaborative approaches to solving the problem described in the competition;

‘‘(B) that will improve the competitiveness of industries in the region in which the Center or Centers are located; and

‘‘(C) that will contribute to the long-term economic stability of that region. ‘‘(6) PROGRAM CONTRIBUTION.—Recipients of awards under

this subsection shall not be required to provide a matching contribution.’’.

SEC. 3004. INSTITUTE-WIDE PLANNING REPORT.

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

‘‘(c) THREE-YEAR PROGRAMMATIC PLANNING DOCUMENT.— Concurrent with the submission to Congress of the President’s annual budget request in the first year after the date of enactment of this subsection, the Director shall submit to Congress a 3-year programmatic planning document for the Institute, including pro- grams under the Scientific and Technical Research and Services, Industrial Technology Services, and Construction of Research Facili- ties functions.

‘‘(d) ANNUAL UPDATE ON THREE-YEAR PROGRAMMATIC PLANNING DOCUMENT.—Concurrent with the submission to the Congress of the President’s annual budget request in each year after the date of enactment of this subsection, the Director shall submit to Con- gress an update to the 3-year programmatic planning document submitted under subsection (c), revised to cover the first 3 fiscal years after the date of that update.’’. SEC. 3005. REPORT BY VISITING COMMITTEE.

Section 10(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278(h)(1)) is amended—

(1) by striking ‘‘on or before January 31 in each year’’ and inserting ‘‘not later than 30 days after the submittal to Congress of the President’s annual budget request in each year’’; and

(2) by adding to the end the following: ‘‘Such report also shall comment on the programmatic planning document and updates thereto submitted to Congress by the Director under subsections (c) and (d) of section 23.’’.

SEC. 3006. MEETINGS OF VISITING COMMITTEE ON ADVANCED TECH- NOLOGY.

Section 10(d) of the National Institute of Standards and Tech- nology Act (15 U.S.C. 278(d)) is amended by striking ‘‘quarterly’’ and inserting ‘‘twice each year’’. SEC. 3007. COLLABORATIVE MANUFACTURING RESEARCH PILOT

GRANTS.

The National Institute of Standards and Technology Act is amended—

(1) by redesignating the first section 32 (15 U.S.C. 271 note) as section 34 and moving it to the end of the Act; and

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

(2) by inserting before the section moved by paragraph (1) the following new section:

‘‘SEC. 33. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.

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

program of awards to partnerships among participants described in paragraph (2) for the purposes described in para- graph (3). Awards shall be made on a peer-reviewed, competi- tive basis.

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

‘‘(A) 1 manufacturing industry partner; and ‘‘(B) 1 nonindustry partner.

‘‘(3) PURPOSE.—The purpose of the program under this section is to foster cost-shared collaborations among firms, edu- cational institutions, research institutions, State agencies, and nonprofit organizations to encourage the development of innova- tive, multidisciplinary manufacturing technologies. Partner- ships receiving awards under this section shall conduct applied research to develop new manufacturing processes, techniques, or materials that would contribute to improved performance, productivity, and competitiveness of United States manufac- turing, and build lasting alliances among collaborators. ‘‘(b) PROGRAM CONTRIBUTION.—Awards under this section shall

provide for not more than one-third of the costs of a partnership. Not more than an additional one-third of such costs may be obtained directly or indirectly from other Federal sources.

‘‘(c) APPLICATIONS.—Applications for awards under this section shall be submitted in such manner, at such time, and containing such information as the Director shall require. Such applications shall describe at a minimum—

‘‘(1) how each partner will participate in developing and carrying out the research agenda of the partnership;

‘‘(2) the research that the grant would fund; and ‘‘(3) how the research to be funded with the award would

contribute to improved performance, productivity, and competi- tiveness of the United States manufacturing industry. ‘‘(d) SELECTION CRITERIA.—In selecting applications for awards

under this section, the Director shall consider at a minimum— ‘‘(1) the degree to which projects will have a broad impact

on manufacturing; ‘‘(2) the novelty and scientific and technical merit of the

proposed projects; and ‘‘(3) the demonstrated capabilities of the applicants to

successfully carry out the proposed research. ‘‘(e) DISTRIBUTION.—In selecting applications under this section

the Director shall ensure, to the extent practicable, a distribution of overall awards among a variety of manufacturing industry sectors and a range of firm sizes.

‘‘(f) DURATION.—In carrying out this section, the Director shall run a single pilot competition to solicit and make awards. Each award shall be for a 3-year period.’’. SEC. 3008. MANUFACTURING FELLOWSHIP PROGRAM.

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

15 USC 278r.

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

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The Director is authorized’’; and

(2) by adding at the end the following new subsection: ‘‘(b) MANUFACTURING FELLOWSHIP PROGRAM.—

‘‘(1) ESTABLISHMENT.—To promote the development of a robust research community working at the leading edge of manufacturing sciences, the Director shall establish a program to award—

‘‘(A) postdoctoral research fellowships at the Institute for research activities related to manufacturing sciences; and

‘‘(B) senior research fellowships to established researchers in industry or at institutions of higher edu- cation who wish to pursue studies related to the manufac- turing sciences at the Institute. ‘‘(2) APPLICATIONS.—To be eligible for an award under this

subsection, an individual shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.

‘‘(3) STIPEND LEVELS.—Under this subsection, the Director shall provide stipends for postdoctoral research fellowships at a level consistent with the National Institute of Standards and Technology Postdoctoral Research Fellowship Program, and senior research fellowships at levels consistent with support for a faculty member in a sabbatical position.’’.

SEC. 3009. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV- ICES.

(a) IN GENERAL.—The Director of the National Institute of Standards and Technology may procure the temporary or intermit- tent services of experts or consultants (or organizations thereof) in accordance with section 3109(b) of title 5, United States Code, to assist with urgent or short-term research projects.

(b) EXTENT OF AUTHORITY.—A procurement under this section may not exceed 1 year in duration, and the Director shall procure no more than 200 experts and consultants per year.

(d) REPORT TO CONGRESS.—Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on whether additional safe- guards would be needed with respect to the use of authorities granted under this section if such authorities were to be made permanent.

SEC. 3010. MALCOLM BALDRIGE AWARDS.

Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(3)) is amended to read as follows:

‘‘(3) In any year, not more than 18 awards may be made under this section to recipients who have not previously received an award under this section, and no award shall be made within any category described in paragraph (1) if there are no qualifying enterprises in that category.’’.

15 USC 275 note.

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

SEC. 3011. REPORT ON NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY EFFORTS TO RECRUIT AND RETAIN EARLY CAREER SCIENCE AND ENGINEERING RESEARCHERS.

Not later than 3 months after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall submit to the Committee on Science and Tech- nology of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report on efforts to recruit and retain young scientists and engineers at the early stages of their careers at the National Institute of Standards and Technology laboratories and joint institutes. The report shall include—

(1) a description of National Institute of Standards and Technology policies and procedures, including financial incen- tives, awards, promotions, time set aside for independent research, access to equipment or facilities, and other forms of recognition, designed to attract and retain young scientists and engineers;

(2) an evaluation of the impact of these incentives on the careers of young scientists and engineers at the National Institute of Standards and Technology, and also on the quality of the research at the National Institute of Standards and Technology’s laboratories and in the National Institute of Standards and Technology’s programs;

(3) a description of what barriers, if any, exist to efforts to recruit and retain young scientists and engineers, including limited availability of full time equivalent positions, legal and procedural requirements, and pay grading systems; and

(4) the amount of funding devoted to efforts to recruit and retain young researchers and the source of such funds.

SEC. 3012. TECHNOLOGY INNOVATION PROGRAM.

(a) REPEAL OF ADVANCED TECHNOLOGY PROGRAM.—Section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) is repealed.

(b) ESTABLISHMENT OF TECHNOLOGY INNOVATION PROGRAM.— The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by inserting after section 27 the following: ‘‘SEC. 28. TECHNOLOGY INNOVATION PROGRAM.

‘‘(a) ESTABLISHMENT.—There is established within the Institute a program linked to the purpose and functions of the Institute, to be known as the ‘Technology Innovation Program’ for the purpose of assisting United States businesses and institutions of higher education or other organizations, such as national laboratories and nonprofit research institutions, to support, promote, and accelerate innovation in the United States through high-risk, high-reward research in areas of critical national need.

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

merit-reviewed grants, cooperative agreements, or contracts to—

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

‘‘(B) joint ventures. ‘‘(2) SINGLE COMPANY AWARDS.—No award given to a single

company shall exceed $3,000,000 over 3 years.

15 USC 278n.

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

‘‘(3) JOINT VENTURE AWARDS.—No award given to a joint venture shall exceed $9,000,000 over 5 years.

‘‘(4) FEDERAL COST SHARE.—The Federal share of a project funded by an award under the program shall not be more than 50 percent of total project costs.

‘‘(5) PROHIBITIONS.—Federal funds awarded under this pro- gram may be used only for direct costs and not for indirect costs, profits, or management fees of a contractor. Any business that is not a small-sized or medium-sized business may not receive any funding under this program. ‘‘(c) AWARD CRITERIA.—The Director shall only provide assist-

ance under this section to an entity— ‘‘(1) whose proposal has scientific and technical merit and

may result in intellectual property vesting in a United States entity that can commercialize the technology in a timely manner;

‘‘(2) whose application establishes that the proposed tech- nology has strong potential to address critical national needs through transforming the Nation’s capacity to deal with major societal challenges that are not currently being addressed, and generate substantial benefits to the Nation that extend signifi- cantly beyond the direct return to the applicant;

‘‘(3) whose application establishes that the research has strong potential for advancing the state-of-the-art and contrib- uting significantly to the United States science and technology knowledge base;

‘‘(4) whose proposal explains why Technology Innovation Program support is necessary, including evidence that the research will not be conducted within a reasonable time period in the absence of financial assistance under this section;

‘‘(5) whose application demonstrates that reasonable efforts have been made to secure funding from alternative funding sources and no other alternative funding sources are reasonably available to support the proposal; and

‘‘(6) whose application explains the novelty of the tech- nology and demonstrates that other entities have not already developed, commercialized, marketed, distributed, or sold similar technologies. ‘‘(d) COMPETITIONS.—The Director shall solicit proposals at least

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

‘‘(e) INTELLECTUAL PROPERTY RIGHTS OWNERSHIP.— ‘‘(1) IN GENERAL.—Title to any intellectual property devel-

oped by a joint venture from assistance provided under this section may vest in any participant in the joint venture, as agreed by the members of the joint venture, notwithstanding section 202 (a) and (b) of title 35, United States Code. The United States may reserve a nonexclusive, nontransferable, irrevocable paid-up license, to have practice for or on behalf of the United States in connection with any such intellectual property, but shall not in the exercise of such license publicly disclose proprietary information related to the license. Title to any such intellectual property shall not be transferred or passed, except to a participant in the joint venture, until the expiration of the first patent obtained in connection with such intellectual property.

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

‘‘(2) LICENSING.—Nothing in this subsection shall be con- strued to prohibit the licensing to any company of intellectual property rights arising from assistance provided under this section.

‘‘(3) DEFINITION.—For purposes of this subsection, the term ‘intellectual property’ means an invention patentable under title 35, United States Code, or any patent on such an invention, or any work for which copyright protection is available under title 17, United States Code. ‘‘(f) PROGRAM OPERATION.—Not later than 9 months after the

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

‘‘(1) establishing criteria for the selection of recipients of assistance under this section;

‘‘(2) establishing procedures regarding financial reporting and auditing to ensure that awards are used for the purposes specified in this section, are in accordance with sound accounting practices, and are not funding existing or planned research programs that would be conducted within a reasonable time period in the absence of financial assistance under this section; and

‘‘(3) providing for appropriate dissemination of Technology Innovation Program research results. ‘‘(g) ANNUAL REPORT.—The Director shall submit annually to

the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a report describing the Technology Innovation Program’s activities, including a description of the metrics upon which award funding decisions were made in the previous fiscal year, any proposed changes to those metrics, metrics for evaluating the success of ongoing and completed awards, and an evaluation of ongoing and completed awards. The first annual report shall include best practices for management of programs to stimulate high-risk, high-reward research.

‘‘(h) CONTINUATION OF ATP GRANTS.—The Director shall, through the Technology Innovation Program, continue to provide support originally awarded under the Advanced Technology Pro- gram, in accordance with the terms of the original award and consistent with the goals of the Technology Innovation Program.

‘‘(i) COORDINATION WITH OTHER STATE AND FEDERAL TECH- NOLOGY PROGRAMS.—In carrying out this section, the Director shall, as appropriate, coordinate with other senior State and Federal officials to ensure cooperation and coordination in State and Federal technology programs and to avoid unnecessary duplication of efforts.

‘‘(j) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL AGENCIES.— In addition to amounts appropriated to carry out this section, the Secretary and the Director may accept funds from other Federal agencies to support awards under the Technology Innovation Pro- gram. Any award under this section which is supported with funds from other Federal agencies shall be selected and carried out according to the provisions of this section. Funds accepted from other Federal agencies shall be included as part of the Federal cost share of any project funded under this section.

‘‘(k) TIP ADVISORY BOARD.— ‘‘(1) ESTABLISHMENT.—There is established within the

Institute a TIP Advisory Board. ‘‘(2) MEMBERSHIP.—

Deadline. Regulations.

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

‘‘(A) IN GENERAL.—The TIP Advisory Board shall con- sist of 10 members appointed by the Director, at least 7 of whom shall be from United States industry, chosen to reflect the wide diversity of technical disciplines and industrial sectors represented in Technology Innovation Program projects. No member shall be an employee of the Federal Government.

‘‘(B) TERM.—Except as provided in subparagraph (C) or (D), the term of office of each member of the TIP Advisory Board shall be 3 years.

‘‘(C) CLASSES.—The original members of the TIP Advisory Board shall be appointed to 3 classes. One class of 3 members shall have an initial term of 1 year, one class of 3 members shall have an initial term of 2 years, and one class of 4 members shall have an initial term of 3 years.

‘‘(D) VACANCIES.—Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.

‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who has completed 2 consecutive full terms of service on the TIP Advisory Board shall thereafter be ineligible for appointment during the 1-year period following the expira- tion of the second such term. ‘‘(3) PURPOSE.—The TIP Advisory Board shall meet not

less than 2 times annually, and provide the Director— ‘‘(A) advice on programs, plans, and policies of the

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

efforts to accelerate the research and development of chal- lenging, high-risk, high-reward technologies in areas of critical national need;

‘‘(C) reports on the general health of the program and its effectiveness in achieving its legislatively mandated mis- sion; and

‘‘(D) guidance on investment areas that are appropriate for Technology Innovation Program funding; ‘‘(4) ADVISORY CAPACITY.—In discharging its duties under

this subsection, the TIP Advisory Board shall function solely in an advisory capacity, in accordance with the Federal Advisory Committee Act.

‘‘(5) ANNUAL REPORT.—The TIP Advisory Board shall transmit an annual report to the Secretary for transmittal to the Congress not later than 30 days after the submission to Congress of the President’s annual budget request in each year. Such report shall address the status of the Technology Innovation Program and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and (d) of section 23. ‘‘(l) DEFINITIONS.—In this section—

‘‘(1) the term ‘eligible company’ means a small-sized or medium-sized business that is incorporated in the United States and does a majority of its business in the United States, and that either—

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

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

‘‘(B) is owned by a parent company incorporated in another country and the Director finds that—

‘‘(i) the company’s participation in the Technology Innovation Program would be in the economic interest of the United States, as evidenced by—

‘‘(I) investments in the United States in research and manufacturing;

‘‘(II) significant contributions to employment in the United States; and

‘‘(III) agreement with respect to any tech- nology arising from assistance provided under this section to promote the manufacture within the United States of products resulting from that tech- nology; and ‘‘(ii) the company is incorporated in a country

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

opportunities, comparable to those afforded to any other company, to participate in any joint venture similar to those receiving funding under this sec- tion;

‘‘(II) affords to United States-owned companies local investment opportunities comparable to those afforded any other company; and

‘‘(III) affords adequate and effective protection for intellectual property rights of United States- owned companies;

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

‘‘(A) has the potential for yielding transformational results with far-ranging or wide-ranging implications;

‘‘(B) addresses critical national needs within the National Institute of Standards and Technology’s areas of technical competence; and

‘‘(C) is too novel or spans too diverse a range of dis- ciplines to fare well in the traditional peer-review process; ‘‘(3) the term ‘institution of higher education’ has the

meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);

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

‘‘(i) at least 2 separately owned for-profit compa- nies that are both substantially involved in the project and both of which are contributing to the cost-sharing required under this section, with the lead entity of the joint venture being one of those companies that is a small-sized or medium-sized business; or

‘‘(ii) at least 1 small-sized or medium-sized busi- ness and 1 institution of higher education or other organization, such as a national laboratory or nonprofit research institute, that are both substantially involved in the project and both of which are contributing to the cost-sharing required under this section, with the lead entity of the joint venture being either that small-

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121 STAT. 598 PUBLIC LAW 110–69—AUG. 9, 2007

sized or medium-sized business or that institution of higher education; and ‘‘(B) may include additional for-profit companies,

institutions of higher education, and other organizations, such as national laboratories and nonprofit research institutes, that may or may not contribute non-Federal funds to the project; and ‘‘(5) the term ‘TIP Advisory Board’ means the advisory

board established under subsection (k).’’. (c) TRANSITION.—Notwithstanding the repeal made by sub-

section (a), the Director shall carry out section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) as such section was in effect on the day before the date of the enact- ment of this Act, with respect to applications for grants under such section submitted before such date, until the earlier of—

(1) the date that the Director promulgates the regulations required under section 28(f) of the National Institute of Stand- ards and Technology Act, as added by subsection (b); or

(2) December 31, 2007.

SEC. 3013. TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT AND OTHER TECHNICAL AMENDMENTS.

(a) RESEARCH FELLOWSHIPS.—Section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–l) is amended by striking ‘‘up to 1 per centum of the’’ and inserting ‘‘up to 1.5 percent of the’’.

(b) FINANCIAL AGREEMENTS CLARIFICATION.—Section 2(b)(4) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)(4)) is amended by inserting ‘‘and grants and cooperative agreements,’’ after ‘‘arrangements,’’.

of the Revised Statutes of the United States (derived from section 2 of the Act of July 28, 1866, entitled ‘‘An Act to authorize the Use of the Metric System of Weights and Meas- ures’’ (15 U.S.C. 205; 14 Stat. 339)) is amended to read as follows:

‘‘SEC. 3570. METRIC SYSTEM DEFINED.

‘‘The metric system of measurement shall be defined as the International System of Units as established in 1960, and subse- quently maintained, by the General Conference of Weights and Measures, and as interpreted or modified for the United States by the Secretary of Commerce.’’.

(2) REPEAL OF REDUNDANT AND OBSOLETE AUTHORITY.— The Act of July 21, 1950, entitled, ‘‘An Act To redefine the units and establish the standards of electrical and photometric measurements.’’ (15 U.S.C. 223 and 224) is hereby repealed.

(3) STANDARD TIME.—Section 1 of the Act of March 19, 1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 261) is amended—

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

(B) by striking the second sentence and the extra period after it and inserting ‘‘Except as provided in section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a), the

15 USC 205.

15 USC 278n note.

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

standard time of the first zone shall be Coordinated Uni- versal Time retarded by 4 hours; that of the second zone retarded by 5 hours; that of the third zone retarded by 6 hours; that of the fourth zone retarded by 7 hours; that of the fifth zone retarded 8 hours; that of the sixth zone retarded by 9 hours; that of the seventh zone retarded by 10 hours; that of the eighth zone retarded by 11 hours; and that of the ninth zone shall be Coordinated Universal Time advanced by 10 hours.’’; and

the term ‘Coordinated Universal Time’ means the time scale main- tained through the General Conference of Weights and Measures and interpreted or modified for the United States by the Secretary of Commerce in coordination with the Secretary of the Navy.’’.

(4) IDAHO TIME ZONE.—Section 3 of the Act of March 19, 1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 264) is amended by striking ‘‘third zone’’ and inserting ‘‘fourth zone’’. (d) NON-ENERGY INVENTIONS PROGRAM.—Section 27 of the

National Institute of Standards and Technology Act (15 U.S.C. 278m) is repealed.

SEC. 3014. RETENTION OF DEPRECIATION SURCHARGE.

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

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Within’’; and (2) by adding at the end the following:

‘‘(b) RETENTION OF FEES.—The Director is authorized to retain all building use and depreciation surcharge fees collected pursuant to OMB Circular A–25. Such fees shall be collected and credited to the Construction of Research Facilities Appropriation Account for use in maintenance and repair of the Institute’s existing facili- ties.’’.

SEC. 3015. POST-DOCTORAL FELLOWS.

Section 19 of the National Institute of Standards and Tech- nology Act (15 U.S.C. 278g–2) is amended by striking ‘‘nor more than 60 new fellows’’ and inserting ‘‘nor more than 120 new fellows’’.

TITLE IV—OCEAN AND ATMOSPHERIC PROGRAMS

SEC. 4001. OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT PROGRAM.

The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Director of the National Science Foundation and the Administrator of the National Aero- nautics and Space Administration, shall establish a coordinated program of ocean, coastal, Great Lakes, and atmospheric research and development, in collaboration with academic institutions and other nongovernmental entities, that shall focus on the development of advanced technologies and analytical methods that will promote United States leadership in ocean and atmospheric science and competitiveness in the applied uses of such knowledge.

33 USC 893.

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

SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.

(a) IN GENERAL.—The Administrator of the National Oceanic and Atmospheric Administration shall conduct, develop, support, promote, and coordinate formal and informal educational activities at all levels to enhance public awareness and understanding of ocean, coastal, Great Lakes, and atmospheric science and steward- ship by the general public and other coastal stakeholders, including underrepresented groups in ocean and atmospheric science and policy careers. In conducting those activities, the Administrator shall build upon the educational programs and activities of the agency.

(b) NOAA SCIENCE EDUCATION PLAN.—The Administrator, appropriate National Oceanic and Atmospheric Administration pro- grams, ocean atmospheric science and education experts, and interested members of the public shall develop a science education plan setting forth education goals and strategies for the Administra- tion, as well as programmatic actions to carry out such goals and priorities over the next 20 years, and evaluate and update such plan every 5 years.

(c) CONSTRUCTION.—Nothing in this section may be construed to affect the application of section 438 of the General Education Provisions Act (20 U.S.C. 1232a) or sections 504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794 and 794d). SEC. 4003. NOAA’S CONTRIBUTION TO INNOVATION.

(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The National Oceanic and Atmospheric Administration shall be a full participant in any interagency effort to promote innovation and economic competitiveness through near-term and long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the agency mission, including authorized activities.

(b) HISTORIC FOUNDATION.—In order to carry out the participa- tion described in subsection (a), the Administrator of the National Oceanic and Atmospheric Administration shall build on the historic role of the National Oceanic and Atmospheric Administration in stimulating excellence in the advancement of ocean and atmospheric science and engineering disciplines and in providing opportunities and incentives for the pursuit of academic studies in science, tech- nology, engineering, and mathematics.

TITLE V—DEPARTMENT OF ENERGY

SEC. 5001. SHORT TITLE.

This title may be cited as the ‘‘Protecting America’s Competitive Edge Through Energy Act’’ or the ‘‘PACE–Energy Act’’. SEC. 5002. DEFINITIONS.

In this title: (1) DEPARTMENT.—The term ‘‘Department’’ means the

Department of Energy. (2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-

tion of higher education’’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

42 USC 16531.

Protecting America’s Competitive Edge Through Energy Act. 42 USC 15801 note.

33 USC 893b.

33 USC 893a.

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

(3) NATIONAL LABORATORY.—The term ‘‘National Labora- tory’’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

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

SEC. 5003. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION AT THE DEPARTMENT OF ENERGY.

(a) SCIENCE EDUCATION PROGRAMS.—Section 3164 of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381a) is amended—

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

(2) by inserting after subsection (a) the following: ‘‘(b) ORGANIZATION OF SCIENCE, ENGINEERING, AND MATHE-

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

EDUCATION.—Notwithstanding any other provision of law, the Secretary, acting through the Under Secretary for Science (referred to in this subsection as the ‘Under Secretary’), shall appoint a Director of Science, Engineering, and Mathematics Education (referred to in this subsection as the ‘Director’) with the principal responsibility for administering science, engineering, and mathematics education programs across all functions of the Department.

‘‘(2) QUALIFICATIONS.—The Director shall be an individual, who by reason of professional background and experience, is specially qualified to advise the Under Secretary on all matters pertaining to science, engineering, and mathematics education at the Department.

‘‘(3) DUTIES.—The Director shall— ‘‘(A) oversee all science, engineering, and mathematics

education programs of the Department; ‘‘(B) represent the Department as the principal inter-

agency liaison for all science, engineering, and mathematics education programs, unless otherwise represented by the Secretary or the Under Secretary;

‘‘(C) prepare the annual budget and advise the Under Secretary on all budgetary issues for science, engineering, and mathematics education programs of the Department;

‘‘(D) increase, to the maximum extent practicable, the participation and advancement of women and underrep- resented minorities at every level of science, technology, engineering, and mathematics education; and

‘‘(E) perform other such matters relating to science, engineering, and mathematics education as are required by the Secretary or the Under Secretary. ‘‘(4) STAFF AND OTHER RESOURCES.—The Secretary shall

assign to the Director such personnel and other resources as the Secretary considers necessary to permit the Director to carry out the duties of the Director.

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

into a contract with the National Academy of Sciences under which the National Academy, not later than 5 years after, and not later than 10 years after, the date of enact- ment of this paragraph, shall assess the performance of

Contracts. Deadlines.

Budget.

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

the science, engineering, and mathematics education pro- grams of the Department.

‘‘(B) CONSIDERATIONS.—An assessment under this paragraph shall be conducted taking into consideration, where applicable, the effect of science, engineering, and mathematics education programs of the Department on student academic achievement in science and mathematics. ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated such sums as are necessary to carry out this subsection.’’; and

(3) by striking subsection (d) (as redesignated by paragraph (1)) and inserting the following: ‘‘(d) SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION

FUND.—The Secretary shall establish a Science, Engineering, and Mathematics Education Fund, using not less than 0.3 percent of the amount made available to the Department for research, develop- ment, demonstration, and commercial application for each fiscal year, to carry out sections 3165, 3166, and 3167.

‘‘(e) ANNUAL PLAN FOR ALLOCATION OF EDUCATION FUNDING.— The Secretary shall submit to Congress as part of the annual budget submission for a fiscal year a report describing the manner in which the Department has complied with subsection (d) for the prior fiscal year and the manner in which the Department proposes to comply with subsection (d) during the following fiscal year, including—

‘‘(1) the total amount of funding for research, development, demonstration, and commercial application activities for the corresponding fiscal year;

‘‘(2) the amounts set aside for the Science, Engineering, and Mathematics Education Fund under subsection (d) from funding for research activities, development activities, dem- onstration activities, and commercial application activities for the corresponding fiscal year; and

‘‘(3) a description of how the funds set aside under sub- section (d) were allocated for the prior fiscal year and will be allocated for the following fiscal year.’’. (b) CONSULTATION.—The Secretary shall—

(1) consult with the Secretary of Education and the Director of the National Science Foundation regarding activities author- ized under subpart B of the Department of Energy Science Education Enhancement Act (as added by subsection (d)(3)) to improve science and mathematics education; and

(2) otherwise make available to the Secretary of Education reports associated with programs authorized under that section. (c) DEFINITION.—Section 3168 of the Department of Energy

Science Education Enhancement Act (42 U.S.C. 7381d) is amended by adding at the end the following:

‘‘(5) NATIONAL LABORATORY.—The term ‘National Labora- tory’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).’’. (d) SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION PRO-

GRAMS.—The Department of Energy Science Education Enhance- ment Act (42 U.S.C. 7381 et seq.) is amended—

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

42 USC 7381g note.

Reports.

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

‘‘Subpart A—Science Education Enhancement’’; (2) in section 3169 (42 U.S.C. 7381e), by striking ‘‘part’’

and inserting ‘‘subpart’’; and (3) by adding at the end the following:

‘‘Subpart B—Science, Engineering, and Mathematics Education Programs

‘‘SEC. 3170. DEFINITIONS.

‘‘In this subpart: ‘‘(1) DIRECTOR.—The term ‘Director’ means the Director

of Science, Engineering, and Mathematics Education. ‘‘(2) NATIONAL LABORATORY.—The term ‘National Labora-

tory’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

‘‘CHAPTER 1—PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR SCIENCE AND MATHEMATICS

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

‘‘(a) PURPOSE.—The purpose of this section is to establish a pilot program of grants to States to help establish or expand public, statewide specialty secondary schools that provide comprehensive science and mathematics (including technology and engineering) education to improve the academic achievement of students in science and mathematics.

‘‘(b) DEFINITION OF SPECIALTY SCHOOL FOR SCIENCE AND MATHEMATICS.—In this chapter, the term ‘specialty school for science and mathematics’ means a public secondary school (including a school that provides residential services to students) that—

‘‘(1) serves students residing in the State in which the school is located; and

‘‘(2) offers to those students a high-quality, comprehensive science and mathematics (including technology and engineering) curriculum designed to improve the academic achievement of students in science and mathematics. ‘‘(c) PILOT PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—From the amounts authorized under sub- section (i), the Secretary, acting through the Director and in consultation with the Director of the National Science Founda- tion, shall award grants, on a competitive basis, to States in order to provide assistance to the States for the costs of establishing or expanding public, statewide specialty schools for science and mathematics.

‘‘(2) RESOURCES.—The Director shall ensure that appro- priate resources of the Department, including the National Laboratories, are available to schools funded under this section in order to—

‘‘(A) increase experiential, hands-on learning opportunities in science, technology, engineering, and mathematics for students attending such schools; and

‘‘(B) provide ongoing professional development opportunities for teachers employed at such schools.

42 USC 7381h.

Inter- governmental relations.

42 USC 7381g.

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

‘‘(3) ASSISTANCE.—Consistent with sections 3165 and 3166, the Director shall make available from funds authorized in this section to carry out a program using scientific and engineering staff of the National Laboratories, during which the staff—

‘‘(A) assists teachers in teaching courses at the schools funded under this section;

‘‘(B) uses National Laboratory scientific equipment in teaching the courses; and

‘‘(C) uses distance education and other technologies to provide assistance described in subparagraphs (A) and (B) to schools funded under this section that are not located near the National Laboratories. ‘‘(4) RESTRICTIONS.—

‘‘(A) MAXIMUM NUMBER OF FUNDED SPECIALTY SCHOOLS PER STATE.—No State shall receive funding for more than 1 specialty school for science and mathematics for a fiscal year.

‘‘(B) MAXIMUM AMOUNT AND DURATION OF GRANTS.— A grant awarded to a State for a specialty school for science and mathematics under this section—

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

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

‘‘(d) FEDERAL AND NON-FEDERAL SHARES.— ‘‘(1) FEDERAL SHARE.—The Federal share of the costs

described in subsection (c)(1) shall not exceed 33 percent. ‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of the

costs described in subsection (c)(1) shall be— ‘‘(A) not less than 67 percent; and ‘‘(B) provided from non-Federal sources, in cash or

in kind, fairly evaluated, including services. ‘‘(e) APPLICATION.—To be eligible to receive a grant under this

section, a State shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require that describes—

‘‘(1) the process by which and selection criteria with which the State will select and designate a school as a specialty school for science and mathematics in accordance with this section;

‘‘(2) how the State will ensure that funds made available under this section are used to establish or expand a specialty school for science and mathematics—

‘‘(A) in accordance with the activities described in sub- section (g); and

‘‘(B) that has the capacity to improve the academic achievement of all students in all core academic subjects, and particularly in science and mathematics; ‘‘(3) how the State will measure the extent to which the

school increases student academic achievement on State aca- demic achievement standards in science, mathematics, and, to the maximum extent applicable, technology and engineering;

‘‘(4) the curricula and materials to be used in the school; ‘‘(5) the availability of funds from non-Federal sources for

the costs of the activities authorized under this section; and

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

‘‘(6) how the State will use technical assistance and support from the Department, including the National Laboratories, and other entities with experience and expertise in science, tech- nology, engineering, and mathematics education, including institutions of higher education. ‘‘(f) DISTRIBUTION.—In awarding grants under this section, the

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

that propose to serve students from urban and rural areas; and

‘‘(2) provide equal consideration to States without National Laboratories. ‘‘(g) USES OF FUNDS.—

‘‘(1) REQUIREMENT.—A State that receives a grant under this section shall use the funds made available through the grant to—

‘‘(A) employ proven strategies and methods for improving student learning and teaching in science, tech- nology, engineering, and mathematics;

‘‘(B) integrate into the curriculum of the school com- prehensive science and mathematics education, including instruction and assessments in science, mathematics, and to the extent applicable, technology and engineering that are aligned with the academic content and student aca- demic achievement standards of the State, within the meaning of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311);

‘‘(C) create opportunities for enhanced and ongoing professional development for teachers that improves the science, technology, engineering, and mathematics content knowledge of the teachers; and

‘‘(D) design and implement hands-on laboratory experi- ences to help prepare students to pursue postsecondary studies in science, technology, engineering, and mathe- matics fields. ‘‘(2) SPECIAL RULE.—Grant funds under this section may

be used for activities described in paragraph (1) only if the activities are directly relating to improving student academic achievement in science, mathematics, and to the extent applicable, technology and engineering. ‘‘(h) EVALUATION AND REPORT.—

‘‘(1) STATE EVALUATION AND REPORT.— ‘‘(A) EVALUATION.—Each State that receives a grant

under this section shall develop and carry out an evaluation and accountability plan for the activities funded through the grant that measures the impact of the activities, including measurable objectives for improved student aca- demic achievement on State science, mathematics, and, to the maximum extent applicable, technology and engineering assessments.

‘‘(B) REPORT.—The State shall submit to the Director a report containing the results of the evaluation and accountability plan. ‘‘(2) REPORT TO CONGRESS.—Not later than 2 years after

the date of enactment of the PACE–Energy Act, the Director shall submit a report detailing the impact of the activities assisted with funds made available under this section to—

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

‘‘(A) the Committee on Science and Technology of the House of Representatives;

‘‘(B) the Committee on Energy and Natural Resources of the Senate; and

‘‘(C) the Committee on Health, Education, Labor, and Pensions of the Senate.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section—

‘‘(1) $14,000,000 for fiscal year 2008; ‘‘(2) $22,500,000 for fiscal year 2009; and ‘‘(3) $30,000,000 for fiscal year 2010.

‘‘CHAPTER 2—EXPERIENTIAL-BASED LEARNING OPPORTUNITIES

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

‘‘(a) INTERNSHIPS AUTHORIZED.— ‘‘(1) IN GENERAL.—From the amounts authorized under sub-

section (f), the Secretary, acting through the Director, shall establish a summer internship program for middle school and secondary school students that shall—

‘‘(A) provide the students with internships at the National Laboratories;

‘‘(B) promote experiential, hands-on learning in science, technology, engineering, or mathematics; and

‘‘(C) be of at least 2 weeks in duration. ‘‘(2) RESIDENTIAL SERVICES.—The Director may provide

residential services to students participating in the internship program authorized under paragraph (1). ‘‘(b) SELECTION CRITERIA.—

‘‘(1) IN GENERAL.—The Director shall establish criteria to determine the sufficient level of academic preparedness nec- essary for a student to be eligible for an internship under this section.

‘‘(2) PARTICIPATION.—The Director shall ensure the partici- pation of students from a wide distribution of States, including States without National Laboratories.

‘‘(3) STUDENT ACHIEVEMENT.—The Director may consider the academic achievement of middle and secondary school stu- dents in determining eligibility under this section, in accordance with paragraphs (1) and (2). ‘‘(c) PRIORITY.—

‘‘(1) IN GENERAL.—The Director shall give priority for an internship under this section to a student who meets the eligi- bility criteria described in subsection (b) and who attends a school—

‘‘(A)(i) in which not less than 30 percent of the children enrolled in the school are from low-income families; or

‘‘(ii) that is designated with a school locale code of 41, 42, or 43, as determined by the Secretary of Education; and

‘‘(B) for which there is— ‘‘(i) a high percentage of teachers who are not

teaching in the academic subject areas or grade levels in which the teachers were trained to teach;

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

42 USC 7381j.

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

‘‘(iii) a high percentage of teachers with emergency, provisional, or temporary certification or licenses.

‘‘(2) COORDINATION.—The Director shall consult with the Secretary of Education in order to determine whether a student meets the priority requirements of this subsection. ‘‘(d) OUTREACH AND EXPERIENTIAL-BASED PROGRAMS FOR

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

Director, in cooperation with Hispanic-serving institutions, historically Black colleges and universities, tribally controlled colleges and universities, Alaska Native- and Native Hawaiian- serving institutions, and other minority-serving institutions and nonprofit entities with substantial experience relating to out- reach and experiential-based learning projects, shall establish outreach and experiential-based learning programs that will encourage underrepresented minority students in kindergarten through grade 12 to pursue careers in science, engineering, and mathematics.

‘‘(2) COMMUNITY INVOLVEMENT.—The Secretary shall ensure that the programs established under paragraph (1) involve, to the maximum extent practicable—

‘‘(A) participation by parents and educators; and ‘‘(B) the establishment of partnerships with business

organizations and appropriate Federal, State, and local agencies. ‘‘(3) DISTRIBUTION.—The Secretary shall ensure that the

programs established under paragraph (1) are located in diverse geographic regions of the United States, to the maximum extent practicable. ‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—The Director

shall develop an evaluation and accountability plan for the activities funded under this chapter that objectively measures the impact of the activities.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $7,500,000 for each of fiscal years 2008 through 2010.

‘‘CHAPTER 3—NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEER- ING, AND MATHEMATICS EDUCATION

‘‘SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHE- MATICS EDUCATION.

‘‘(a) DEFINITION OF HIGH-NEED PUBLIC SECONDARY SCHOOL.— In this section, the term ‘high-need public secondary school’ means a secondary school—

‘‘(1) with a high concentration of low-income individuals (as defined in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537)); or

‘‘(2) designated with a school locale code of 41, 42, or 43, as determined by the Secretary of Education. ‘‘(b) ESTABLISHMENT.—The Secretary shall establish at each

of the National Laboratories a program to support a Center of Excellence in Science, Technology, Engineering, and Mathematics (referred to in this section as a ‘Center of Excellence’) in at least 1 high-need public secondary school located in the region served

42 USC 7381l.

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

by the National Laboratory to provide assistance in accordance with subsection (f).

‘‘(c) COLLABORATION.— ‘‘(1) IN GENERAL.—To comply with subsection (g), each high-

need public secondary school selected as a Center of Excellence and the National Laboratory shall form a partnership with a school, department, or program of education at an institution of higher education.

‘‘(2) NONPROFIT ENTITIES.—The partnership may include a nonprofit entity with demonstrated experience and effective- ness in science or mathematics, as agreed to by other members of the partnership. ‘‘(d) SELECTION.—

‘‘(1) IN GENERAL.—The Secretary, acting through the Director, shall establish criteria to guide the National Labora- tories in selecting the sites for Centers of Excellence.

‘‘(2) PROCESS.—A National Laboratory shall select a site for a Center of Excellence through an open, widely-publicized, and competitive process. ‘‘(e) GOALS.—The Secretary shall establish goals and perform-

ance assessments for each Center of Excellence authorized under subsection (b).

‘‘(f) ASSISTANCE.—Consistent with sections 3165 and 3166, the Director shall make available necessary assistance for a program established under this section through the use of scientific and engineering staff of a National Laboratory, including the use of staff—

‘‘(1) to assist teachers in teaching a course at a Center of Excellence in Science, Technology, Engineering, and Mathe- matics; and

‘‘(2) to use National Laboratory scientific equipment in the teaching of the course. ‘‘(g) SPECIAL RULES.—A Center of Excellence in a region shall

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

internship experiences for science, technology, and mathematics teacher candidates as part of the teacher preparation program of the Center of Excellence;

‘‘(2) provision of supervision and mentoring for teacher candidates in the teacher preparation program; and

‘‘(3) to the maximum extent practicable, provision of profes- sional development for veteran teachers in the public secondary schools in the region. ‘‘(h) EVALUATION.—The Secretary shall consider the results of

performance assessments required under subsection (e) in deter- mining the contract award fee of a National Laboratory manage- ment and operations contractor.

‘‘(i) PLAN.—The Director shall— ‘‘(1) develop an evaluation and accountability plan for the

activities funded under this section that objectively measures the impact of the activities; and

‘‘(2) disseminate information obtained from those measure- ments. ‘‘(j) NO EFFECT ON SIMILAR PROGRAMS.—Nothing in this section

displaces or otherwise affects any similar program being carried out as of the date of enactment of this section at any National Laboratory under any other provision of law.

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

‘‘CHAPTER 4—SUMMER INSTITUTES

‘‘SEC. 3185. SUMMER INSTITUTES.

‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE PARTNER.—The term ‘eligible partner’

means— ‘‘(A) the science, engineering, or mathematics depart-

ment at an institution of higher education, acting in coordination with a school, department, or program of edu- cation at an institution of higher education that provides training for teachers and principals; or

‘‘(B) a nonprofit entity with expertise in providing professional development for science, technology, engineering, or mathematics teachers. ‘‘(2) SUMMER INSTITUTE.—The term ‘summer institute’

means an institute, operated during the summer, that— ‘‘(A) is hosted by a National Laboratory or an eligible

partner; ‘‘(B) is operated for a period of not less than 2 weeks; ‘‘(C) includes, as a component, a program that provides

direct interaction between students and faculty, including personnel of 1 or more National Laboratories who have scientific expertise;

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

‘‘(E) provides hands-on science, technology, engineering, or mathematics laboratory experience for not less than 2 days.

‘‘(b) SUMMER INSTITUTE PROGRAMS AUTHORIZED.— ‘‘(1) PROGRAMS AT THE NATIONAL LABORATORIES.—The Sec-

retary, acting through the Director, shall establish or expand programs of summer institutes at each of the National Labora- tories to provide additional training to strengthen the science, technology, engineering, and mathematics teaching skills of teachers employed at public schools for kindergarten through grade 12, in accordance with the activities authorized under paragraphs (3) and (4).

‘‘(2) PROGRAMS WITH ELIGIBLE PARTNERS.— ‘‘(A) IN GENERAL.—The Secretary, acting through the

Director, shall identify and provide assistance as described in subparagraph (C) to eligible partners to establish or expand programs of summer institutes that provide addi- tional training to strengthen the science, technology, engineering, and mathematics teaching skills of teachers employed at public schools for kindergarten through grade 12, in accordance with paragraphs (3) and (4).

‘‘(B) SELECTION CRITERIA.—In identifying eligible part- ners under subparagraph (A), the Secretary shall require that partner institutions describe—

‘‘(i) how the partner institution has the capability to administer the program in accordance with this section, which may include a description of any existing programs at the institution of the applicant that are targeted at education of science and mathematics teachers and the number of teachers graduated annually from the programs; and

42 USC 7381n.

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

‘‘(ii) how the partner institution will assist the National Laboratory in carrying out the activities described in paragraphs (3) and (4). ‘‘(C) ASSISTANCE.—Consistent with sections 3165 and

3166, the Director shall make available funds authorized under this section to carry out a program using scientific and engineering staff of the National Laboratories, during which the staff—

‘‘(i) assists in providing training to teachers at summer institutes; and

‘‘(ii) uses National Laboratory scientific equipment in the training.

‘‘(3) REQUIRED ACTIVITIES.—Funds authorized under this section shall be used for—

‘‘(A) creating opportunities for enhanced and ongoing professional development for teachers that improves the science, technology, engineering, and mathematics content knowledge of the teachers;

‘‘(B) training to improve the ability of science, tech- nology, engineering, and mathematics teachers to translate content knowledge and recent developments in pedagogy into classroom practice, including training to use curricula that are—

‘‘(i) based on scientific research; and ‘‘(ii) aligned with challenging State academic con-

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

in the classrooms; and ‘‘(D) supplemental and follow-up professional develop-

ment activities as described in subsection (a)(2)(D). ‘‘(4) ADDITIONAL USES OF FUNDS.—Funds authorized under

this section may be used for— ‘‘(A) training and classroom materials to assist in car-

rying out paragraph (3); ‘‘(B) expenses associated with scientific and engineering

staff at the National Laboratories assisting in providing training to teachers at summer institutes;

‘‘(C) instruction in the use and integration of data and assessments to inform and instruct classroom practice; and

‘‘(D) stipends and travel expenses for teachers partici- pating in the program.

‘‘(c) PRIORITY.—To the maximum extent practicable, the Director shall ensure that each summer institute program author- ized under subsection (b) provides training to—

‘‘(1) teachers from a wide range of school districts; ‘‘(2) teachers from high-need school districts; and ‘‘(3) teachers from groups underrepresented in the fields

of science, technology, engineering, and mathematics teaching, including women and members of minority groups. ‘‘(d) COORDINATION AND CONSULTATION.—The Director shall

consult and coordinate with the Secretary of Education and the Director of the National Science Foundation regarding the implementation of the programs authorized under subsection (b).

‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—

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121 STAT. 611PUBLIC LAW 110–69—AUG. 9, 2007

‘‘(1) IN GENERAL.—The Director shall develop an evaluation and accountability plan for the activities funded under this section that measures the impact of the activities.

‘‘(2) CONTENTS.—The evaluation and accountability plan shall include—

‘‘(A) measurable objectives to increase the number of science, technology, and mathematics teachers who partici- pate in the summer institutes involved; and

‘‘(B) measurable objectives for improved student aca- demic achievement on State science, mathematics, and to the maximum extent applicable, technology and engineering assessments. ‘‘(3) REPORT TO CONGRESS.—The Secretary shall submit

to Congress with the annual budget submission of the Secretary a report on how the activities assisted under this section improve the science, technology, engineering, and mathematics teaching skills of participating teachers. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section— ‘‘(1) $15,000,000 for fiscal year 2008; ‘‘(2) $20,000,000 for fiscal year 2009; and ‘‘(3) $25,000,000 for fiscal year 2010.

‘‘CHAPTER 5—NATIONAL ENERGY EDUCATION DEVELOPMENT

‘‘SEC. 3191. NATIONAL ENERGY EDUCATION DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director and in consultation with the Director of the National Science Foundation, shall establish a program to coordinate and make available to teachers and students web-based kindergarten through high school science, technology, engineering, and mathematics edu- cation resources relating to the science and energy mission of the Department, including existing instruction materials and protocols for classroom laboratory experiments.

‘‘(b) ENERGY EDUCATION.—The materials and other resources required under subsection (a) shall include instruction relating to—

‘‘(1) the science of energy; ‘‘(2) the sources of energy; ‘‘(3) the uses of energy in society; and ‘‘(4) the environmental consequences and benefits of all

energy sources and uses. ‘‘(c) DISSEMINATION.—The Secretary, acting through the

Director, shall take all steps necessary, such as through participa- tion in education association conferences, to advertise the program authorized under this section to K–12 teachers and science edu- cation coordinators across the United States.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section—

‘‘(1) $500,000 for fiscal year 2008; and ‘‘(2) such sums as necessary for each fiscal year thereafter.

‘‘CHAPTER 6—ADMINISTRATION

‘‘SEC. 3195. MENTORING PROGRAM.

‘‘(a) IN GENERAL.—As part of the programs established under chapters 1, 3, and 4, the Director shall establish a program to

42 USC 7381r.

42 USC 7381p.

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121 STAT. 612 PUBLIC LAW 110–69—AUG. 9, 2007

recruit and provide mentors for women and underrepresented minorities who are interested in careers in science, engineering, and mathematics.

‘‘(b) PAIRING.—The program shall pair mentors with women and minorities who are in programs of study at specialty schools for science and mathematics, Centers of Excellence, and summer institutes established under chapters 1, 3, and 4, respectively.

‘‘(c) PROGRAM EVALUATION.—The Secretary shall annually— ‘‘(1) use metrics to evaluate the success of the programs

established under subsection (a); and ‘‘(2) submit to Congress a report that describes the results

of each evaluation.’’.

SEC. 5004. NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.

(a) PURPOSES.—The purposes of this section are— (1) to address the decline in the number of and resources

available to nuclear science programs at institutions of higher education; and

(2) to increase the number of graduates with degrees in nuclear science, an area of strategic importance to the economic competitiveness and energy security of the United States. (b) DEFINITION OF NUCLEAR SCIENCE.—In this section, the term

‘‘nuclear science’’ includes— (1) nuclear science; (2) nuclear engineering; (3) nuclear chemistry; (4) radio chemistry; and (5) health physics.

(c) ESTABLISHMENT.—The Secretary shall establish, in accord- ance with this section, a program to expand and enhance institution of higher education nuclear science educational capabilities.

(d) NUCLEAR SCIENCE PROGRAM EXPANSION GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—

(1) IN GENERAL.—The Secretary shall award up to 3 competitive grants for each fiscal year to institutions of higher education that establish new academic degree programs in nuclear science.

(2) PRIORITY.—In evaluating grants under this subsection, the Secretary shall give priority to proposals that involve part- nerships with a National Laboratory or other eligible nuclear- related entity, as determined by the Secretary.

(3) CRITERIA.—Criteria for a grant awarded under this subsection shall be based on—

(A) the potential to attract new students to the pro- gram;

(B) academic rigor; and (C) the ability to offer hands-on learning opportunities.

(4) DURATION AND AMOUNT.— (A) DURATION.—A grant under this subsection may

be up to 5 years in duration. (B) AMOUNT.—An institution of higher education that

receives a grant under this subsection shall be eligible for up to $1,000,000 for each year of the grant period. (5) USE OF FUNDS.—An institution of higher education that

receives a grant under this subsection may use the grant to— (A) recruit and retain new faculty;

42 USC 16532.

Reports.

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121 STAT. 613PUBLIC LAW 110–69—AUG. 9, 2007

(B) develop core and specialized course content; (C) encourage collaboration between faculty and

researchers in the nuclear science field; and (D) support outreach efforts to recruit students.

(e) NUCLEAR SCIENCE COMPETITIVENESS GRANTS FOR INSTITU- TIONS OF HIGHER EDUCATION.—

(1) IN GENERAL.—The Secretary shall award up to 5 competitive grants for each fiscal year to institutions of higher education with existing academic degree programs that produce graduates in nuclear science.

(2) CRITERIA.—Criteria for a grant awarded under this subsection shall be based on the potential for increasing the number and academic quality of graduates in the nuclear sciences who enter into careers in nuclear-related fields.

(3) DURATION AND AMOUNT.— (A) DURATION.—A grant under this subsection may

be up to 5 years in duration. (B) AMOUNT.—An institution of higher education that

receives a grant under this subsection shall be eligible for up to $500,000 for each year of the grant period. (4) USE OF FUNDS.—An institution of higher education that

receives a grant under this subsection may use the grant to— (A) increase the number of graduates in nuclear science

that enter into careers in the nuclear science field; (B) enhance the teaching of advanced nuclear tech-

nologies; (C) aggressively pursue collaboration opportunities

with industry and National Laboratories; (D) bolster or sustain nuclear infrastructure and

research facilities of the institution of higher education, such as research and training reactors or laboratories; and

(E) provide tuition assistance and stipends to under- graduate and graduate students.

(f) AUTHORIZATION OF APPROPRIATIONS.— (1) NUCLEAR SCIENCE PROGRAM EXPANSION GRANTS FOR

INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to be appropriated to carry out subsection (d)—

(A) $3,500,000 for fiscal year 2008; (B) $6,500,000 for fiscal year 2009; and (C) $9,500,000 for fiscal year 2010.

(2) NUCLEAR SCIENCE COMPETITIVENESS GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to be appropriated to carry out subsection (e)—

(A) $3,000,000 for fiscal year 2008; (B) $5,500,000 for fiscal year 2009; and (C) $8,000,000 for fiscal year 2010.

SEC. 5005. HYDROCARBON SYSTEMS SCIENCE TALENT EXPANSION PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.

(a) PURPOSES.—The purposes of this section are— (1) to address the decline in the number of and resources

available to hydrocarbon systems science programs at institu- tions of higher education; and

(2) to increase the number of graduates with degrees in hydrocarbon systems science, an area of strategic importance to the economic competitiveness and energy security of the United States.

42 USC 16533.

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121 STAT. 614 PUBLIC LAW 110–69—AUG. 9, 2007

(b) DEFINITION OF HYDROCARBON SYSTEMS SCIENCE.—In this section:

(1) IN GENERAL.—The term ‘‘hydrocarbon systems science’’ means a science involving natural gas or other petroleum explo- ration, development, or production.

(2) INCLUSIONS.—The term ‘‘hydrocarbon systems science’’ includes—

(A) petroleum or reservoir engineering; (B) environmental geoscience; (C) petrophysics; (D) geophysics; (E) geochemistry; (F) petroleum geology; (G) ocean engineering; (H) environmental engineering; and (I) computer science, as computer science relates to

a science described in this subsection. (c) ESTABLISHMENT.—The Secretary shall establish, in accord-

ance with this section, a program to expand and enhance institution of higher education hydrocarbon systems science educational capabilities.

(d) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—

(1) IN GENERAL.—The Secretary shall award up to 3 competitive grants for each fiscal year to institutions of higher education that establish new academic degree programs in hydrocarbon systems science.

(2) ELIGIBILITY.—In evaluating grants under this sub- section, the Secretary shall give priority to proposals that involve partnerships with the National Laboratories, including the National Energy Technology Laboratory, or other hydro- carbon systems scientific entities, as determined by the Sec- retary.

(3) CRITERIA.—Criteria for a grant awarded under this subsection shall be based on—

(A) the potential to attract new students to the pro- gram;

(B) academic rigor; and (C) the ability to offer hands-on learning opportunities.

(4) DURATION AND AMOUNT.— (A) DURATION.—A grant under this subsection may

be up to 5 years in duration. (B) AMOUNT.—An institution of higher education that

receives a grant under this subsection shall be eligible for up to $1,000,000 for each year of the grant period. (5) USE OF FUNDS.—An institution of higher education that

receives a grant under this subsection may use the grant to— (A) recruit and retain new faculty; (B) develop core and specialized course content; (C) encourage collaboration between faculty and

researchers in the hydrocarbon systems science field; and (D) support outreach efforts to recruit students.

(e) HYDROCARBON SYSTEMS SCIENCE COMPETITIVENESS GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—

(1) IN GENERAL.—The Secretary shall award up to 5 competitive grants for each fiscal year to institutions of higher

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121 STAT. 615PUBLIC LAW 110–69—AUG. 9, 2007

education with existing academic degree programs that produce graduates in hydrocarbon systems science.

(2) CRITERIA.—Criteria for a grant awarded under this subsection shall be based on the potential for increasing the number and academic quality of graduates in hydrocarbon sys- tems sciences who enter into careers in natural gas and other petroleum exploration, development, and production related fields.

(3) DURATION AND AMOUNT.— (A) DURATION.—A grant under this subsection may

be up to 5 years in duration. (B) AMOUNT.—An institution of higher education that

receives a grant under this subsection shall be eligible for up to $500,000 for each year of the grant period. (4) USE OF FUNDS.—An institution of higher education that

receives a grant under this subsection may use the grant to— (A) increase the number of graduates in the hydro-

carbon systems sciences that enter into careers in the natural gas and other petroleum exploration, development, and production science fields;

(B) enhance the teaching of advanced natural gas and other petroleum exploration, development, and production technologies;

(C) aggressively pursue collaboration opportunities with industry and the National Laboratories, including the National Energy Technology Laboratory;

(D) bolster or sustain natural gas and other petroleum exploration, development, and production infrastructure and research facilities of the institution of higher education, such as research and training or laboratories; and

(E) provide tuition assistance and stipends to under- graduate and graduate students.

(f) AUTHORIZATION OF APPROPRIATIONS.— (1) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION

GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to be appropriated to carry out subsection (d)—

(A) $3,500,000 for fiscal year 2008; (B) $6,500,000 for fiscal year 2009; and (C) $9,500,000 for fiscal year 2010.

(2) HYDROCARBON SYSTEMS SCIENCE COMPETITIVENESS GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to be appropriated to carry out subsection (e)—

(A) $3,000,000 for fiscal year 2008; (B) $5,500,000 for fiscal year 2009; and (C) $8,000,000 for fiscal year 2010.

SEC. 5006. DEPARTMENT OF ENERGY EARLY CAREER AWARDS FOR SCIENCE. ENGINEERING, AND MATHEMATICS RESEARCHERS.

(a) GRANT AWARDS.—The Director of the Office of Science of the Department (referred to in this section as the ‘‘Director’’) shall carry out a program to award grants to scientists and engineers at an early career stage at institutions of higher education and organizations described in subsection (c) to conduct research in fields relevant to the mission of the Department.

(b) AMOUNT AND DURATION.—

42 USC 16534.

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121 STAT. 616 PUBLIC LAW 110–69—AUG. 9, 2007

(1) AMOUNT.—The amount of a grant awarded under this section shall be—

(A) not less than $80,000; and (B) not more than $125,000.

(2) DURATION.—The term of a grant awarded under this section shall be not more than 5 years. (c) ELIGIBILITY.—

(1) IN GENERAL.—To be eligible to receive a grant under this section, an individual shall, as determined by the Director—

(A) subject to paragraph (2), have completed a doc- torate or other terminal degree not more than 10 years before the date on which the proposal for a grant is sub- mitted under subsection (e)(1);

(B) have demonstrated promise in a science, engineering, or mathematics field relevant to the missions of the Department; and

fessor or equivalent title at an institution of higher education in the United States;

(ii) at an organization in the United States that is a nonprofit, nondegree-granting research organiza- tion such as a museum, observatory, or research lab- oratory; or

(iii) as a scientist at a National Laboratory. (2) WAIVER.—Notwithstanding paragraph (1)(A), the

Director may determine that an individual who has completed a doctorate more than 10 years before the date of submission of a proposal under subsection (e)(1) is eligible to receive a grant under this section if the individual was unable to conduct research for a period of time because of extenuating cir- cumstances, including military service or family responsibilities, as determined by the Director. (d) SELECTION.—Grant recipients shall be selected on a competi-

tive, merit-reviewed basis. (e) SELECTION PROCESS AND CRITERIA.—

(1) PROPOSAL.—To be eligible to receive a grant under this section, an individual shall submit to the Director a pro- posal at such time, in such manner, and containing such information as the Director may require.

(2) EVALUATION.—In evaluating the proposals submitted under paragraph (1), the Director shall take into consideration, at a minimum—

(A) the intellectual merit of the proposed project; (B) the innovative or transformative nature of the pro-

posed research; (C) the extent to which the proposal integrates research

and education, including undergraduate education in science and engineering disciplines; and

(D) the potential of the applicant for leadership at the frontiers of knowledge.

(f) DIVERSITY REQUIREMENT.— (1) IN GENERAL.—In awarding grants under this section,

the Director shall endeavor to ensure that the grant recipients represent a variety of types of institutions of higher education and nonprofit, nondegree-granting research organizations.

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121 STAT. 617PUBLIC LAW 110–69—AUG. 9, 2007

(2) REQUIREMENT.—In support of the goal described in paragraph (1), the Director shall broadly disseminate informa- tion regarding the deadlines applicable to, and manner in which to submit, proposals for grants under this section, including by conducting outreach activities for—

(A) part B institutions, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); and

(B) minority institutions, as defined in section 365 of that Act (20 U.S.C. 1067k).

(g) REPORT ON RECRUITING AND RETAINING EARLY CAREER SCIENCE AND ENGINEERING RESEARCHERS AT NATIONAL LABORA- TORIES.—

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Director shall submit to the Committee on Science and Technology of the House of Rep- resentatives and the Committee on Energy and Natural Resources of the Senate a report describing efforts of the Director to recruit and retain young scientists and engineers at early career stages at the National Laboratories.

(2) INCLUSIONS.—The report under paragraph (1) shall include—

(A) a description of applicable Department and National Laboratory policies and procedures, including poli- cies and procedures relating to financial incentives, awards, promotions, time reserved for independent research, access to equipment or facilities, and other forms of recognition, designed to attract and retain young scientists and engi- neers;

(B) an evaluation of the impact of the incentives described in subparagraph (A) on—

(i) the careers of young scientists and engineers at the National Laboratories; and

(ii) the quality of the research at the National Laboratories and in Department programs; (C) a description of barriers, if any, that exist with

respect to efforts to recruit and retain young scientists and engineers, including the limited availability of full- time equivalent positions, legal and procedural require- ments, and pay grading systems; and

(D) the amount of funding devoted to efforts to recruit and retain young researchers, and the source of the funds.

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary, acting through the Director, to carry out this section $25,000,000 for each of fiscal years 2008 through 2010.

SEC. 5007. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF ENERGY FOR BASIC RESEARCH.

Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 16311(b)) is amended—

(1) in paragraph (2), by striking ‘‘and’’ at the end; (2) in paragraph (3), by striking the period at the end

and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(4) $5,814,000,000 for fiscal year 2010.’’.

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121 STAT. 618 PUBLIC LAW 110–69—AUG. 9, 2007

SEC. 5008. DISCOVERY SCIENCE AND ENGINEERING INNOVATION INSTITUTES.

(a) IN GENERAL.—The Secretary shall establish distributed, multidisciplinary institutes (referred to in this section as ‘‘Institutes’’) centered at National Laboratories to apply funda- mental science and engineering discoveries to technological innova- tions relating to—

(1) the missions of the Department; and (2) the global competitiveness of the United States.

(b) TOPICAL AREAS.—The Institutes shall support scientific and engineering research and education activities on critical emerging technologies determined by the Secretary to be essential to global competitiveness, including activities relating to—

(1) sustainable energy technologies; (2) multiscale materials and processes; (3) micro- and nano-engineering; (4) computational and information engineering; and (5) genomics and proteomics.

(1) institutions of higher education— (A) to train undergraduate and graduate science and

engineering students; (B) to develop innovative undergraduate and graduate

educational curricula; and (C) to conduct research within the topical areas

described in subsection (b); and (2) private industry to develop innovative technologies

within the topical areas described in subsection (b). (d) GRANTS.—

(1) IN GENERAL.—For each fiscal year, the Secretary may select not more than 3 Institutes to receive a grant under this section.

(2) MERIT-BASED SELECTION.—The selection of Institutes under paragraph (1) shall be—

(A) merit-based; and (B) made through an open, competitive selection

process. (3) TERM.—An Institute shall receive a grant under this

section for not more than 3 fiscal years. (e) REVIEW.—The Secretary shall offer to enter into an agree-

ment with the National Academy of Sciences under which the Academy shall, by not later than 3 years after the date of enactment of this Act—

(1) review the performance of the Institutes under this section; and

(2) submit to Congress and the Secretary a report describing the results of the review. (f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to provide grants to each Institute selected under this section $10,000,000 for each of fiscal years 2008 through 2010. SEC. 5009. PROTECTING AMERICA’S COMPETITIVE EDGE (PACE) GRAD-

UATE FELLOWSHIP PROGRAM.

(a) DEFINITION OF ELIGIBLE STUDENT.—In this section, the term ‘‘eligible student’’ means a student who attends an institution

42 USC 16536.

Contracts. Deadline. Reports.

Establishment.

42 USC 16535.

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121 STAT. 619PUBLIC LAW 110–69—AUG. 9, 2007

of higher education that offers a doctoral degree in a field relevant to a mission area of the Department.

(b) ESTABLISHMENT.—The Secretary shall establish a graduate fellowship program for eligible students pursuing a doctoral degree in a mission area of the Department.

to eligible students under this section through a competitive merit review process, involving written and oral interviews, that will result in a wide distribution of awards throughout the United States, as determined by the Secretary.

(2) CRITERIA.—The Secretary shall establish selection cri- teria for awarding fellowships under this section that require an eligible student—

(A) to pursue a field of science or engineering of impor- tance to a mission area of the Department;

(B) to demonstrate to the Secretary— (i) the capacity of the eligible student to under-

stand technical topics relating to the fellowship that can be derived from the first principles of the technical topics;

(ii) imagination and creativity; (iii) leadership skills in organizations or intellec-

tual endeavors, demonstrated through awards and past experience; and

(iv) excellent verbal and communication skills to explain, defend, and demonstrate an understanding of technical subjects relating to the fellowship; and (C) to be a citizen or legal permanent resident of the

United States. (d) AWARDS.—

(1) AMOUNT.—A fellowship awarded under this section shall—

(A) provide an annual living stipend; and (B) cover—

(i) graduate tuition at an institution of higher edu- cation described in subsection (a); and

(ii) incidental expenses associated with curricula and research at the institution of higher education (including books, computers, and software).

(2) DURATION.—A fellowship awarded under this section shall be up to 3 years duration within a 5-year period.

(3) PORTABILITY.—A fellowship awarded under this section shall be portable with the eligible student. (e) ADMINISTRATION.—The Secretary, acting through the

Director of Science, Engineering, and Mathematics Education— (1) shall administer the program established under this

section; and (2) may enter into a contract with a nonprofit entity to

administer the program, including the selection and award of fellowships. (f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section— (1) $7,500,000 for fiscal year 2008; (2) $12,000,000 for fiscal year 2009, including nonexpiring

fellowships for the preceding fiscal year; and

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121 STAT. 620 PUBLIC LAW 110–69—AUG. 9, 2007

(3) $20,000,000 for fiscal year 2010, including nonexpiring fellowships for preceding fiscal years.

SEC. 5010. SENSE OF CONGRESS REGARDING CERTAIN RECOMMENDA- TIONS AND REVIEWS.

It is the sense of Congress that— (1) the Department of Energy should implement the rec-

ommendations contained in the report of the Government Accountability Office numbered 04–639; and

(2) the Secretary of Energy should annually conduct reviews in accordance with title IX of the Education Amend- ments of 1972 (20 U.S.C. 1681 et seq.) of at least 2 recipients of grants provided by the Department of Energy.

SEC. 5011. DISTINGUISHED SCIENTIST PROGRAM.

(a) PURPOSE.—The purpose of this section is to promote sci- entific and academic excellence through collaborations between institutions of higher education and National Laboratories.

(b) ESTABLISHMENT.—The Secretary shall establish a program to support the joint appointment of distinguished scientists by institutions of higher education and National Laboratories.

(c) QUALIFICATIONS.—To be eligible for appointment as a distin- guished scientist under this section, an individual, by reason of professional background and experience, shall be able to bring international recognition to the appointing institution of higher education or National Laboratory in the field of scientific endeavor of the individual.

(d) SELECTION.—A distinguished scientist appointed under this section shall be selected through an open, competitive process.

(e) APPOINTMENT.— (1) INSTITUTION OF HIGHER EDUCATION.—An appointment

by an institution of higher education under this section shall be filled within the tenure allotment of the institution of higher education, at a minimum rank of professor.

(2) NATIONAL LABORATORY.—An appointment by a National Laboratory under this section shall be at the rank of the highest grade of distinguished scientist or technical staff of the National Laboratory. (f) DURATION.—An appointment under this section shall—

(1) be for a term of 6 years; and (2) consist of 2 3-year funding allotments.

(g) USE OF FUNDS.—Funds made available under this section may be used for—

(1) the salary of the distinguished scientist and support staff;

(2) undergraduate, graduate, and post-doctoral appoint- ments;

(3) research-related equipment; (4) professional travel; and (5) such other requirements as the Secretary determines

to be necessary to carry out the purpose of the program. (h) REVIEW.—

(1) IN GENERAL.—The appointment of a distinguished sci- entist under this section shall be reviewed at the end of the first 3-year allotment for the distinguished scientist through an open peer-review process to determine whether the appoint- ment is meeting the purpose of this section under subsection (a).

42 USC 16537.

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121 STAT. 621PUBLIC LAW 110–69—AUG. 9, 2007

(2) FUNDING.—Funding of the appointment of the distin- guished scientist for the second 3-year allotment shall be deter- mined based on the review conducted under paragraph (1). (i) COST SHARING.—To be eligible for assistance under this

section, an appointing institution of higher education shall pay at least 50 percent of the total costs of the appointment.

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section—

(1) $15,000,000 for fiscal year 2008; (2) $20,000,000 for fiscal year 2009; and (3) $30,000,000 for fiscal year 2010.

SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY—ENERGY.

(a) DEFINITIONS.—In this section: (1) ARPA-E.—The term ‘‘ARPA–E’’ means the Advanced

Research Projects Agency—Energy established by subsection (b).

(2) DIRECTOR.—The term ‘‘Director’’ means the Director of ARPA-E appointed under subsection (d).

(3) FUND.—The term ‘‘Fund’’ means the Energy Trans- formation Acceleration Fund established under subsection (m)(1). (b) ESTABLISHMENT.—There is established the Advanced

Research Projects Agency—Energy within the Department to over- come the long-term and high-risk technological barriers in the development of energy technologies.

(A) to enhance the economic and energy security of the United States through the development of energy tech- nologies that result in—

(i) reductions of imports of energy from foreign sources;

(ii) reductions of energy-related emissions, including greenhouse gases; and

(iii) improvement in the energy efficiency of all economic sectors; and (B) to ensure that the United States maintains a

technological lead in developing and deploying advanced energy technologies. (2) MEANS.—ARPA-E shall achieve the goals established

under paragraph (1) through energy technology projects by— (A) identifying and promoting revolutionary advances

in fundamental sciences; (B) translating scientific discoveries and cutting-edge

inventions into technological innovations; and (C) accelerating transformational technological

advances in areas that industry by itself is not likely to undertake because of technical and financial uncertainty.

(d) DIRECTOR.— (1) APPOINTMENT.—There shall be in the Department of

Energy a Director of ARPA-E, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) QUALIFICATIONS.—The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary on, and manage research programs addressing, matters pertaining to long-term

President.

42 USC 16538.

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121 STAT. 622 PUBLIC LAW 110–69—AUG. 9, 2007

and high-risk technological barriers to the development of energy technologies.

(3) RELATIONSHIP TO SECRETARY.—The Director shall report to the Secretary.

(4) RELATIONSHIP TO OTHER PROGRAMS.—No other programs within the Department shall report to the Director. (e) RESPONSIBILITIES.—The responsibilities of the Director shall

include— (1) approving all new programs within ARPA-E; (2) developing funding criteria and assessing the success

of programs through the establishment of technical milestones; (3) administering the Fund through awards to institutions

of higher education, companies, research foundations, trade and industry research collaborations, or consortia of such enti- ties, which may include federally-funded research and develop- ment centers, to achieve the goals described in subsection (c) through targeted acceleration of—

(A) novel early-stage energy research with possible technology applications;

(B) development of techniques, processes, and tech- nologies, and related testing and evaluation;

(D) coordination with nongovernmental entities for demonstration of technologies and research applications to facilitate technology transfer; and (4) terminating programs carried out under this section

that are not achieving the goals of the programs. (f) PERSONNEL.—

(1) PROGRAM MANAGERS.— (A) IN GENERAL.—The Director shall designate

employees to serve as program managers for each of the programs established pursuant to the responsibilities estab- lished for ARPA-E under subsection (e).

(B) RESPONSIBILITIES.—A program manager of a pro- gram shall be responsible for—

(i) establishing research and development goals for the program, including through the convening of workshops and conferring with outside experts, and publicizing the goals of the program to the public and private sectors;

(ii) soliciting applications for specific areas of par- ticular promise, especially areas that the private sector or the Federal Government are not likely to undertake alone;

(iii) building research collaborations for carrying out the program;

(iv) selecting on the basis of merit, with advice under subsection (j) as appropriate, each of the projects to be supported under the program after considering—

(I) the novelty and scientific and technical merit of the proposed projects;

(II) the demonstrated capabilities of the applicants to successfully carry out the proposed project;

(III) the consideration by the applicant of future commercial applications of the project,

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121 STAT. 623PUBLIC LAW 110–69—AUG. 9, 2007

including the feasibility of partnering with 1 or more commercial entities; and

(IV) such other criteria as are established by the Director; (v) monitoring the progress of projects supported

under the program; and (vi) recommending program restructure or termi-

nation of research partnerships or whole projects. (C) TERM.—The term of a program manager shall be

3 years and may be renewed. (2) HIRING AND MANAGEMENT.—

(A) IN GENERAL.—The Director shall have the authority to—

(i) make appointments of scientific, engineering, and professional personnel without regard to the civil service laws; and

(ii) fix the compensation of such personnel at a rate to be determined by the Director. (B) NUMBER.—The Director shall appoint not less than

70, and not more than 120, personnel under this section. (C) PRIVATE RECRUITING FIRMS.—The Secretary, or the

Director serving as an agent of the Secretary, may contract with private recruiting firms for the hiring of qualified technical staff to carry out this section.

(D) ADDITIONAL STAFF.—The Director may use all authorities in existence on the date of enactment of this Act that are provided to the Secretary to hire administra- tive, financial, and clerical staff as necessary to carry out this section.

(g) REPORTS AND ROADMAPS.— (1) ANNUAL REPORT.—As part of the annual budget request

submitted for each fiscal year, the Director shall provide to the relevant authorizing and appropriations committees of Con- gress a report describing projects supported by ARPA-E during the previous fiscal year.

(2) STRATEGIC VISION ROADMAP.—Not later than October 1, 2008, and October 1, 2011, the Director shall provide to the relevant authorizing and appropriations committees of Con- gress a roadmap describing the strategic vision that ARPA- E will use to guide the choices of ARPA-E for future technology investments over the following 3 fiscal years. (h) COORDINATION AND NONDUPLICATION.—

(1) IN GENERAL.—To the maximum extent practicable, the Director shall ensure that the activities of ARPA-E are coordi- nated with, and do not duplicate the efforts of, programs and laboratories within the Department and other relevant research agencies.

(2) TECHNOLOGY TRANSFER COORDINATOR.—To the extent appropriate, the Director may coordinate technology transfer efforts with the Technology Transfer Coordinator appointed under section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391). (i) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Secretary

shall make information available to purchasing and procurement programs of Federal agencies regarding the potential to demonstrate technologies resulting from activities funded through ARPA-E.

(j) ADVICE.—

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121 STAT. 624 PUBLIC LAW 110–69—AUG. 9, 2007

(1) ADVISORY COMMITTEES.—The Director may seek advice on any aspect of ARPA-E from—

(A) an existing Department of Energy advisory com- mittee; and

(B) a new advisory committee organized to support the programs of ARPA-E and to provide advice and assist- ance on—

(i) specific program tasks; or (ii) overall direction of ARPA-E.

(2) ADDITIONAL SOURCES OF ADVICE.—In carrying out this section, the Director may seek advice and review from—

(A) the President’s Committee of Advisors on Science and Technology; and

(B) any professional or scientific organization with expertise in specific processes or technologies under development by ARPA-E.

(k) ARPA-E EVALUATION.— (1) IN GENERAL.—After ARPA-E has been in operation for

4 years, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy shall conduct an evaluation of how well ARPA-E is achieving the goals and mission of ARPA-E.

(2) INCLUSIONS.—The evaluation shall include— (A) the recommendation of the National Academy of

Sciences on whether ARPA-E should be continued or termi- nated; and

(B) a description of lessons learned from operation of ARPA-E. (3) AVAILABILITY.—On completion of the evaluation, the

evaluation shall be made available to Congress and the public. (l) EXISTING AUTHORITIES.—The authorities granted by this

section are— (1) in addition to existing authorities granted to the Sec-

retary; and (2) are not intended to supersede or modify any existing

authorities. (m) FUNDING.—

(1) FUND.—There is established in the Treasury of the United States a fund, to be known as the ‘‘Energy Trans- formation Acceleration Fund’’, which shall be administered by the Director for the purposes of carrying out this section.

(2) AUTHORIZATION OF APPROPRIATIONS.—Subject to para- graphs (4) and (5), there are authorized to be appropriated to the Director for deposit in the Fund, without fiscal year limitation—

(A) $300,000,000 for fiscal year 2008; and (B) such sums as are necessary for each of fiscal years

2009 and 2010. (3) SEPARATE BUDGET AND APPROPRIATION.—

(A) BUDGET REQUEST.—The budget request for ARPA- E shall be separate from the rest of the budget of the Department.

(B) APPROPRIATIONS.—Appropriations to the Fund shall be separate and distinct from the rest of the budget for the Department. (4) LIMITATION.—No amounts may be appropriated for

ARPA-E for fiscal year 2008 unless the amount appropriated

Public information.

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121 STAT. 625PUBLIC LAW 110–69—AUG. 9, 2007

for the activities of the Office of Science of the Department for fiscal year 2008 exceeds the amount appropriated for the Office for fiscal year 2007, as adjusted for inflation in accord- ance with the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor.

(5) ALLOCATION.—Of the amounts appropriated for a fiscal year under paragraph (2)—

(A) not more than 50 percent of the amount shall be used to carry out subsection (e)(3)(D);

(B) at least 2.5 percent of the amount shall be used for technology transfer and outreach activities; and

(C) no funds may be used for construction of new buildings or facilities during the 5-year period beginning on the date of enactment of this Act.

TITLE VI—EDUCATION

SEC. 6001. FINDINGS.

Congress makes the following findings: (1) A well-educated population is essential to retaining

America’s competitiveness in the global economy. (2) The United States needs to build on and expand the

impact of existing programs by taking additional, well-coordi- nated steps to ensure that all students are able to obtain the knowledge the students need to obtain postsecondary edu- cation and participate successfully in the workforce or the Armed Forces.

(3) The next steps must be informed by independent information on the effectiveness of current programs in science, technology, engineering, mathematics, and critical foreign lan- guage education, and by identification of best practices that can be replicated.

(4) Teacher preparation and elementary school and sec- ondary school programs and activities must be aligned with the requirements of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) and the requirements of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

(5) The ever increasing knowledge and skill demands of the 21st century require that secondary school preparation and requirements be better aligned with the knowledge and skills needed to succeed in postsecondary education and the workforce, and States need better data systems to track edu- cational achievement from prekindergarten through bacca- laureate degrees.

SEC. 6002. DEFINITIONS.

(a) ESEA DEFINITIONS.—Unless otherwise specified in this title, the terms used in this title have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(b) OTHER DEFINITIONS.—In this title: (1) CRITICAL FOREIGN LANGUAGE.—The term ‘‘critical for-

eign language’’ means a foreign language that the Secretary determines, in consultation with the heads of such Federal

20 USC 9802.

20 USC 9801.

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121 STAT. 626 PUBLIC LAW 110–69—AUG. 9, 2007

departments and agencies as the Secretary determines appro- priate, is critical to the national security and economic competi- tiveness of the United States.

(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu- tion of higher education’’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education.

(4) SCIENTIFICALLY VALID RESEARCH.—The term ‘‘scientif- ically valid research’’ includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with accepted principles of scientific research.

Subtitle A—Teacher Assistance

PART I—TEACHERS FOR A COMPETITIVE TOMORROW

SEC. 6111. PURPOSE.

The purpose of this part is— (1) to develop and implement programs to provide

integrated courses of study in science, technology, engineering, mathematics, or critical foreign languages, and teacher edu- cation, that lead to a baccalaureate degree in science, tech- nology, engineering, mathematics, or a critical foreign language, with concurrent teacher certification;

(2) to develop and implement 2- or 3-year part-time mas- ter’s degree programs in science, technology, engineering, mathematics, or critical foreign language education for teachers in order to enhance the teachers’ content knowledge and peda- gogical skills; and

(3) to develop programs for professionals in science, tech- nology, engineering, mathematics, or critical foreign language education that lead to a master’s degree in teaching that results in teacher certification.

SEC. 6112. DEFINITIONS.

In this part: (1) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘‘chil-

dren from low-income families’’ means children described in section 1124(c)(1)(A) of the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6333(c)(1)(A)).

(2) ELIGIBLE RECIPIENT.—The term ‘‘eligible recipient’’ means an institution of higher education that receives grant funds under this part on behalf of a department of science, technology, engineering, mathematics, or a critical foreign lan- guage, or on behalf of a department or school with a com- petency-based degree program (in science, technology, engineering, mathematics, or a critical foreign language) that includes teacher certification, for use in carrying out activities assisted under this part.

(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘‘high-need local educational agency’’ means a local educational agency or educational service agency—

20 USC 9812.

20 USC 9811.

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121 STAT. 627PUBLIC LAW 110–69—AUG. 9, 2007

(A)(i) that serves not fewer than 10,000 children from low-income families;

(ii) for which not less than 20 percent of the children served by the agency are children from low-income families; or

(iii) with a total of less than 600 students in average daily attendance at the schools that are served by the agency and all of whose schools are designated with a school locale code of 41, 42, or 43, as determined by the Secretary; and

(B)(i) for which there is a high percentage of teachers providing instruction in academic subject areas or grade levels for which the teachers are not highly qualified; or

(ii) for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provi- sional, or temporary certification or licensure. (4) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’ has

the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) and, with respect to special education teachers, in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

(5) PARTNERSHIP.—The term ‘‘partnership’’ means a part- nership that—

(A) shall include— (i) an eligible recipient; (ii)(I)(aa) a department within the eligible recipient

that provides a program of study in science, technology, engineering, mathematics, or a critical foreign lan- guage; and

(bb) a school, department, or program of education within the eligible recipient, or a 2-year institution of higher education that has a teacher preparation offering or a dual enrollment program with the eligible recipient; or

(II) a department or school within the eligible recipient with a competency-based degree program (in science, technology, engineering, mathematics, or a critical foreign language) that includes teacher certifi- cation; and

(iii) not less than 1 high-need local educational agency and a public school or a consortium of public schools served by the agency; and (B) may include a nonprofit organization that has a

demonstrated record of providing expertise or support to meet the purposes of this part. (6) TEACHING SKILLS.—The term ‘‘teaching skills’’ means

the ability to— (A) increase student achievement and learning and

increase a student’s ability to apply knowledge; (B) effectively convey and explain academic subject

matter; (C) employ strategies grounded in the disciplines of

teaching and learning that— (i) are based on scientifically valid research; (ii) are specific to academic subject matter; and

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121 STAT. 628 PUBLIC LAW 110–69—AUG. 9, 2007

(iii) focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are limited English proficient, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs; (D) conduct ongoing assessment of student learning; (E) effectively manage a classroom; and (F) communicate and work with parents and guardians,

and involve parents and guardians in their children’s edu- cation.

SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRIT- ICAL FOREIGN LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION.

(a) PROGRAM AUTHORIZED.—From the amounts made available to carry out this section under section 6116(1) and not reserved under section 6115(d) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible recipients to enable partnerships served by the eligible recipients to develop and implement programs to provide courses of study in science, technology, engineering, mathematics, or critical foreign languages that—

(1) are integrated with teacher education; and (2) lead to a baccalaureate degree in science, technology,

engineering, mathematics, or a critical foreign language with concurrent teacher certification. (b) APPLICATION.—Each eligible recipient desiring a grant under

this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall—

(1) describe the program for which assistance is sought; (2) describe how a department of science, technology,

engineering, mathematics, or a critical foreign language partici- pating in the partnership will ensure significant collaboration with a teacher preparation program in the development of undergraduate degrees in science, technology, engineering, mathematics, or a critical foreign language, with concurrent teacher certification, including providing student teaching and other clinical classroom experiences or how a department or school participating in the partnership with a competency-based degree program has ensured, in the development of a bacca- laureate degree program in science, technology, engineering, mathematics, or a critical foreign language, the provision of concurrent teacher certification, including providing student teaching and other clinical classroom experiences;

(3) describe the high-quality research, laboratory, or intern- ship experiences, integrated with coursework, that will be pro- vided under the program;

(4) describe how members of groups that are underrep- resented in the teaching of science, technology, engineering, mathematics, or critical foreign languages will be encouraged to participate in the program;

(5) describe how program participants will be encouraged to teach in schools determined by the partnership to be most

Grants.

20 USC 9813.

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121 STAT. 629PUBLIC LAW 110–69—AUG. 9, 2007

in need, and the assistance in finding employment in such schools that will be provided;

(6) describe the ongoing activities and services that will be provided to graduates of the program;

(7) describe how the activities of the partnership will be coordinated with any activities funded through other Federal grants, and how the partnership will continue the activities assisted under the program when the grant period ends;

(8) describe how the partnership will assess the content knowledge and teaching skills of the program participants; and

(9) provide any other information the Secretary may reason- ably require. (c) PRIORITY.—Priority shall be given to applications whose

primary focus is on placing participants in high-need local edu- cational agencies.

(d) AUTHORIZED ACTIVITIES.— (1) IN GENERAL.—Each eligible recipient receiving a grant

under this section shall use the grant funds to enable a partner- ship to develop and implement a program to provide courses of study in science, technology, engineering, mathematics, or a critical foreign language that—

(A) are integrated with teacher education programs that promote effective teaching skills; and

(B) lead to a baccalaureate degree in science, tech- nology, engineering, mathematics, or a critical foreign lan- guage with concurrent teacher certification. (2) PROGRAM REQUIREMENTS.—The program shall—

(A) provide high-quality research, laboratory, or intern- ship experiences for program participants;

(B) provide student teaching or other clinical classroom experiences that—

(i) are integrated with coursework; and (ii) lead to the participants’ ability to demonstrate

effective teaching skills; (C) if implementing a program in which program

participants are prepared to teach science, technology, engineering, mathematics, or critical foreign language courses, include strategies for improving student literacy;

(D) encourage the participation of individuals who are members of groups that are underrepresented in the teaching of science, technology, engineering, mathematics, or critical foreign languages;

(E) encourage participants to teach in schools deter- mined by the partnership to be most in need, and actively assist the participants in finding employment in such schools;

(F) offer training in the use of and integration of edu- cational technology;

(G) collect data regarding and evaluate, using measur- able objectives and benchmarks, the extent to which the program succeeded in—

(i) increasing the percentage of highly qualified mathematics, science, or critical foreign language teachers, including increasing the percentage of such teachers teaching in those schools determined by the partnership to be most in need;

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121 STAT. 630 PUBLIC LAW 110–69—AUG. 9, 2007

(ii) improving student academic achievement in mathematics, science, and where applicable, technology and engineering;

(iii) increasing the number of students in sec- ondary schools enrolled in upper level mathematics, science, and, where available, technology and engineering courses; and

(iv) increasing the numbers of elementary school and secondary school students enrolled in and con- tinuing in critical foreign language courses; (H) collect data on the employment placement and

retention of all graduates of the program, including information on how many graduates are teaching and in what kinds of schools;

(I) provide ongoing activities and services to graduates of the program who teach elementary school or secondary school, by—

(i) keeping the graduates informed of the latest developments in their respective academic fields; and

(ii) supporting the graduates of the program who are employed in schools in the local educational agency participating in the partnership during the initial years of teaching through—

(I) induction programs; (II) promotion of effective teaching skills; and (III) providing opportunities for regular profes-

sional development; and (J) develop recommendations to improve the school,

department, or program of education participating in the partnership.

(e) ANNUAL REPORT.—Each eligible recipient receiving a grant under this section shall collect and report to the Secretary annually such information as the Secretary may reasonably require, including—

(1) the number of participants in the program; (2) information on the academic majors of participating

students; (3) the race, gender, income, and disability status of pro-

gram participants; (4) the placement of program participants as teachers in

schools determined by the partnership to be most in need; (5) the extent to which the program succeeded in meeting

the objectives and benchmarks described in subsection (d)(2)(G); and

(6) the data collected under subparagraphs (G) and (H) of subsection (d)(2). (f) TECHNICAL ASSISTANCE.—From the funds made available

under section 6116(1), the Secretary may provide technical assist- ance to an eligible recipient developing a baccalaureate degree program with concurrent teacher certification, including technical assistance provided through a grant or contract awarded on a competitive basis to an institution of higher education or a technical assistance center.

(g) COMPLIANCE WITH FERPA.—Any activity under this section shall be carried out in compliance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974).

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121 STAT. 631PUBLIC LAW 110–69—AUG. 9, 2007

(h) INDUCTION PROGRAM DEFINED.—In this section, the term ‘‘induction program’’ means a formalized program for new teachers during not less than the teachers’ first 2 years of teaching that is designed to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching skills and shall include the following components:

(1) High-quality teacher mentoring. (2) Periodic, structured time for collaboration with teachers

in the same department or field, as well as time for information- sharing among teachers, principals, administrators, and partici- pating faculty in the partner institution.

(3) The application of empirically based practice and sci- entifically valid research on instructional practices.

(4) Opportunities for new teachers to draw directly upon the expertise of teacher mentors, faculty, and researchers to support the integration of empirically based practice and sci- entifically valid research with practice.

(5) The development of skills in instructional and behav- ioral interventions derived from empirically based practice and, where applicable, scientifically valid research.

(6) Faculty who— (A) model the integration of research and practice in

the classroom; and (B) assist new teachers with the effective use and

integration of technology in the classroom. (7) Interdisciplinary collaboration among exemplary

teachers, faculty, researchers, and other staff who prepare new teachers on the learning process and the assessment of learning.

(8) Assistance with the understanding of data, particularly student achievement data, and the data’s applicability in class- room instruction.

(9) Regular evaluation of the new teacher.

SEC. 6114. PROGRAMS FOR MASTER’S DEGREES IN SCIENCE, TECH- NOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN LANGUAGE EDUCATION.

(a) PROGRAM AUTHORIZED.—From the amounts made available to carry out this section under section 6116(2) and not reserved under section 6115(d) for a fiscal year, the Secretary is authorized to award grants, on a competitive basis, to eligible recipients to enable the partnerships served by the eligible recipients to develop and implement—

(1) 2- or 3-year part-time master’s degree programs in science, technology, engineering, mathematics, or critical for- eign language education for teachers in order to enhance the teacher’s content knowledge and teaching skills; or

(2) programs for professionals in science, technology, engineering, mathematics, or a critical foreign language that lead to a 1-year master’s degree in teaching that results in teacher certification. (b) APPLICATION.—Each eligible recipient desiring a grant under

this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall describe—

20 USC 9814.

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121 STAT. 632 PUBLIC LAW 110–69—AUG. 9, 2007

(1) how a department of science, technology, engineering, mathematics, or a critical foreign language will ensure signifi- cant collaboration with a school, department, or program of education in the development of the master’s degree programs authorized under subsection (a), or how a department or school with a competency-based degree program has ensured, in the development of a master’s degree program, the provision of rigorous studies in science, technology, engineering, mathe- matics, or a critical foreign language that enhance the teachers’ content knowledge and teaching skills;

(2) the role of the local educational agency in the partner- ship in developing and administering the program and how feedback from the local educational agency, school, and partici- pants will be used to improve the program;

(3) how the program will help increase the percentage of highly qualified mathematics, science, or critical foreign lan- guage teachers, including increasing the percentage of such teachers teaching in schools determined by the partnership to be most in need;

(4) how the program will— (A) improve student academic achievement in mathe-

matics, science, and, where applicable, technology and engineering and increase the number of students taking upper-level courses in such subjects; or

(B) increase the numbers of elementary school and secondary school students enrolled and continuing in crit- ical foreign language courses; (5) how the program will prepare participants to become

more effective science, technology, engineering, mathematics, or critical foreign language teachers;

(6) how the program will prepare participants to assume leadership roles in their schools;

(7) how teachers (or science, technology, engineering, mathematics, or critical foreign language professionals) who are members of groups that are underrepresented in the teaching of science, technology, engineering, mathematics, or critical foreign languages and teachers from schools determined by the partnership to be most in need will be encouraged to apply for and participate in the program;

(8) the ongoing activities and services that will be provided to graduates of the program;

(9) how the partnership will continue the activities assisted under the grant when the grant period ends;

(10) how the partnership will assess, during the program, the content knowledge and teaching skills of the program participants; and

(11) methods to ensure applicants to the master’s degree program for professionals in science, technology, engineering, mathematics, or a critical foreign language demonstrate advanced knowledge in the relevant subject. (c) AUTHORIZED ACTIVITIES.—Each eligible recipient receiving

a grant under this section shall use the grant funds to develop and implement a 2- or 3-year part-time master’s degree program in science, technology, engineering, mathematics, or critical foreign language education for teachers in order to enhance the teachers’ content knowledge and teaching skills, or programs for professionals

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121 STAT. 633PUBLIC LAW 110–69—AUG. 9, 2007

in science, technology, engineering, mathematics, or a critical for- eign language that lead to a 1-year master’s degree in teaching that results in teacher certification. The program shall—

(1) promote effective teaching skills so that program partici- pants become more effective science, technology, engineering, mathematics, or critical foreign language teachers;

(2) prepare teachers to assume leadership roles in their schools by participating in activities such as teacher mentoring, development of curricula that integrate state of the art applica- tions of science, technology, engineering, mathematics, or crit- ical foreign language into the classroom, working with school administrators in establishing in-service professional develop- ment of teachers, and assisting in evaluating data and assess- ments to improve student academic achievement;

(3) use high-quality research, laboratory, or internship experiences for program participants that are integrated with coursework;

(4) provide student teaching or clinical classroom experi- ence;

(5) if implementing a program in which participants are prepared to teach science, technology, engineering, mathe- matics, or critical foreign language courses, provide strategies for improving student literacy;

(6) align the content knowledge in the master’s degree program with challenging student academic achievement stand- ards and challenging academic content standards established by the State in which the program is conducted;

(7) encourage the participation of— (A) individuals who are members of groups that are

underrepresented in the teaching of science, technology, engineering, mathematics, or critical foreign languages;

(B) members of the Armed Forces who are transitioning to civilian life; and

(C) teachers teaching in schools determined by the partnership to be most in need; (8) offer tuition assistance, based on need, as appropriate; (9) create opportunities for enhanced and ongoing profes-

sional development for teachers that improves the science, tech- nology, engineering, mathematics, and critical foreign language content knowledge and teaching skills of such teachers; and

(10) evaluate and report on the impact of the program, in accordance with subsection (d). (d) EVALUATION AND REPORT.—Each eligible recipient receiving

a grant under this section shall evaluate, using measurable objec- tives and benchmarks, and provide an annual report to the Sec- retary regarding, the extent to which the program assisted under this section succeeded in the following:

(1) Increasing the number and percentage of science, tech- nology, engineering, mathematics, or critical foreign language teachers who have a master’s degree and meet 1 or more of the following requirements:

(A) Are teaching in schools determined by the partner- ship to be most in need, and taught in such schools prior to participation in the program.

(B) Are teaching in schools determined by the partner- ship to be most in need, and did not teach in such schools prior to participation in the program.

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121 STAT. 634 PUBLIC LAW 110–69—AUG. 9, 2007

(C) Are members of a group underrepresented in the teaching of science, technology, engineering, mathematics, or a critical foreign language. (2) Bringing professionals in science, technology,

engineering, mathematics, or a critical foreign language into the field of teaching.

(3) Retaining teachers who participate in the program.

SEC. 6115. GENERAL PROVISIONS.

(a) DURATION OF GRANTS.—The Secretary shall award each grant under this part for a period of not more than 5 years.

(b) MATCHING REQUIREMENT.—Each eligible recipient that receives a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant.

(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under this part shall be used to supplement, and not supplant, other Federal or State funds.

(d) EVALUATION.—From amounts made available for any fiscal year under section 6116, the Secretary shall reserve such sums as may be necessary—

(1) to provide for the conduct of an annual independent evaluation, by grant or by contract, of the activities assisted under this part, which shall include an assessment of the impact of the activities on student academic achievement; and

(2) to prepare and submit an annual report on the results of the evaluation described in paragraph (1) to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representa- tives, and the Committees on Appropriations of the Senate and House of Representatives.

SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this section $276,200,000 for fiscal year 2008, and such sums as may be nec- essary for each of the 2 succeeding fiscal years, of which—

(1) $151,200,000 shall be available to carry out section 6113 for fiscal year 2008 and each succeeding fiscal year; and

(2) $125,000,000 shall be available to carry out section 6114 for fiscal year 2008 and each succeeding fiscal year.

PART II—ADVANCED PLACEMENT AND INTER- NATIONAL BACCALAUREATE PROGRAMS

SEC. 6121. PURPOSE.

It is the purpose of this part— (1) to raise academic achievement through Advanced Place-

ment and International Baccalaureate programs by increasing, by 70,000, over a 4-year period beginning in 2008, the number of teachers serving high-need schools who are qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages;

(2) to increase, to 700,000 per year, the number of students attending high-need schools who—

20 USC 9831.

20 USC 9816.

20 USC 9815.

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121 STAT. 635PUBLIC LAW 110–69—AUG. 9, 2007

(A) take and score a 3, 4, or 5 on an Advanced Place- ment examination in mathematics, science, or a critical foreign language administered by the College Board; or

(B) achieve a passing score on an examination adminis- tered by the International Baccalaureate Organization in such a subject; (3) to increase the availability of, and enrollment in,

Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages, and pre-Advanced Placement or pre-International Baccalaureate courses in such subjects, in high-need schools; and

(4) to support statewide efforts to increase the availability of, and enrollment in, Advanced Placement or International Baccalaureate courses in mathematics, science, and critical for- eign languages, and pre-Advanced Placement or pre-Inter- national Baccalaureate courses in such subjects, in high-need schools.

SEC. 6122. DEFINITIONS.

In this part: (1) ADVANCED PLACEMENT OR INTERNATIONAL BACCA-

LAUREATE COURSE.—The term ‘‘Advanced Placement or Inter- national Baccalaureate course’’ means—

(A) a course of college-level instruction provided to secondary school students, terminating in an examination administered by the College Board or the International Baccalaureate Organization, or another such examination approved by the Secretary; or

(B) another highly rigorous, evidence-based, postsec- ondary preparatory program terminating in an examination administered by another nationally recognized educational organization that has a demonstrated record of effective- ness in assessing secondary school students, or another such examination approved by the Secretary. (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—

(A) a State educational agency; (B) a local educational agency; or (C) a partnership consisting of—

(i) a national, regional, or statewide nonprofit organization, with expertise and experience in pro- viding Advanced Placement or International Bacca- laureate services; and

(ii) a State educational agency or local educational agency.

(3) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ has the meaning given the term ‘‘low-income individual’’ in section 1707(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(3)).

(4) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—The term ‘‘high concentration of low-income students’’ has the meaning given the term in section 1707(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537(2)).

(5) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘‘high-need local educational agency’’ means a local educational agency or educational service agency described in 6112(3)(A).

(6) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ means a secondary school—

20 USC 9832.

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121 STAT. 636 PUBLIC LAW 110–69—AUG. 9, 2007

(A) with a pervasive need for Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages, or for additional Advanced Placement or International Baccalaureate courses in such a subject; and

(B)(i) with a high concentration of low-income students; or

(ii) designated with a school locale code of 41, 42, or 43, as determined by the Secretary.

SEC. 6123. ADVANCED PLACEMENT AND INTERNATIONAL BACCA- LAUREATE PROGRAMS.

(a) PROGRAM AUTHORIZED.—From the amounts appropriated under subsection (l), the Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsection (g).

(b) DURATION OF GRANTS.—The Secretary may award grants under this section for a period of not more than 5 years.

(c) COORDINATION.—The Secretary shall coordinate the activi- ties carried out under this section with the activities carried out under section 1705 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6535).

(d) PRIORITY.—In awarding grants under this section, the Sec- retary shall give priority to eligible entities that are part of a statewide strategy for increasing—

(1) the availability of Advanced Placement or International Baccalaureate courses in mathematics, science, and critical for- eign languages, and pre-Advanced Placement or pre-Inter- national Baccalaureate courses in such subjects, in high-need schools; and

(2) the number of students who participate in Advanced Placement or International Baccalaureate courses in mathe- matics, science, and critical foreign language in high-need schools, and take and score a 3, 4, or 5 on an Advanced Placement examination in such a subject, or pass an examina- tion administered by the International Baccalaureate Organiza- tion in such a subject in such schools. (e) EQUITABLE DISTRIBUTION.—The Secretary, to the extent

practicable, shall— (1) ensure an equitable geographic distribution of grants

under this section among the States; and (2) promote an increase in participation in Advanced Place-

ment or International Baccalaureate mathematics, science, and critical foreign language courses and examinations in all States. (f) APPLICATION.—

(1) IN GENERAL.—Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

(2) CONTENTS.—The application shall, at a minimum, include a description of—

(A) the goals and objectives for the project, including— (i) increasing the number of teachers serving high-

need schools who are qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;

20 USC 9833.

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121 STAT. 637PUBLIC LAW 110–69—AUG. 9, 2007

(ii) increasing the number of qualified teachers serving high-need schools who are teaching Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages to students in the high-need schools;

(iii) increasing the number of Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages that are avail- able to students attending high-need schools; and

(iv) increasing the number of students attending a high-need school, particularly low-income students, who enroll in and pass—

(I) Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages; and

(II) pre-Advanced Placement or pre-Inter- national Baccalaureate courses in such a subject (where provided in accordance with subparagraph (B));

(B) how the eligible entity will ensure that students have access to courses, including pre-Advanced Placement and pre-International Baccalaureate courses, that will pre- pare the students to enroll and succeed in Advanced Place- ment or International Baccalaureate courses in mathe- matics, science, or critical foreign languages;

(D) how the eligible entity will ensure that teachers serving high-need schools are qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;

(E) how the eligible entity will provide for the involve- ment of business and community organizations and other entities, including institutions of higher education, in the activities to be assisted; and

(F) how the eligible entity will use funds received under this section, including how the eligible entity will evaluate the success of its project.

(g) AUTHORIZED ACTIVITIES.— (1) IN GENERAL.—Each eligible entity that receives a grant

under this section shall use the grant funds to carry out activi- ties designed to increase—

(A) the number of qualified teachers serving high-need schools who are teaching Advanced Placement or Inter- national Baccalaureate courses in mathematics, science, or critical foreign languages; and

(B) the number of students attending high-need schools who enroll in, and pass, the examinations for such Advanced Placement or International Baccalaureate courses. (2) PERMISSIVE ACTIVITIES.—The activities described in

paragraph (1) may include— (A) teacher professional development, in order to

expand the pool of teachers in the participating State,

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121 STAT. 638 PUBLIC LAW 110–69—AUG. 9, 2007

local educational agency, or high-need school who are quali- fied to teach Advanced Placement or International Bacca- laureate courses in mathematics, science, or critical foreign languages;

(B) pre-Advanced Placement or pre-International Baccalaureate course development and professional development;

(C) coordination and articulation between grade levels to prepare students to enroll and succeed in Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign languages;

(D) purchase of instructional materials; (E) activities to increase the availability of, and partici-

pation in, online Advanced Placement or International Baccalaureate courses in mathematics, science, and critical foreign languages;

(F) reimbursing low-income students attending high- need schools for part or all of the cost of Advanced Place- ment or International Baccalaureate examination fees;

(G) carrying out subsection (j), relating to collecting and reporting data;

(H) in the case of a State educational agency that receives a grant under this section, awarding subgrants to local educational agencies to enable the local educational agencies to carry out authorized activities described in subparagraphs (A) through (G); and

(I) providing salary increments or bonuses to teachers serving high-need schools who—

(i) become qualified to teach, and teach, Advanced Placement or International Baccalaureate courses in mathematics, science, or a critical foreign language; or

(ii) increase the number of low-income students, who take Advanced Placement or International Bacca- laureate examinations in mathematics, science, or a critical foreign language with the goal of successfully passing such examinations.

(h) MATCHING REQUIREMENT.— (1) IN GENERAL.—Subject to paragraph (2), each eligible

entity that receives a grant under this section shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 200 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency shall provide an amount equal to not more than 100 percent of the amount of the grant.

(2) WAIVER.—The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity described in subparagraph (A) or (B) of section 6122(2), if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (g). (i) SUPPLEMENT NOT SUPPLANT.—Grant funds provided under

this section shall be used to supplement, not supplant, other Federal and non-Federal funds available to carry out the activities described in subsection (g).

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121 STAT. 639PUBLIC LAW 110–69—AUG. 9, 2007

(j) COLLECTING AND REPORTING REQUIREMENTS.— (1) REPORT.—Each eligible entity receiving a grant under

this section shall collect and report to the Secretary annually such data on the results of the grant as the Secretary may reasonably require, including data regarding—

(A) the number of students enrolling in Advanced Placement or International Baccalaureate courses in mathematics, science, or a critical foreign language, and pre-Advanced Placement or pre-International Bacca- laureate courses in such a subject, by the grade the student is enrolled in, and the distribution of grades those students receive;

(B) the number of students taking Advanced Placement or International Baccalaureate examinations in mathe- matics, science, or a critical foreign language, and the distribution of scores on those examinations by the grade the student is enrolled in at the time of the examination;

(C) the number of teachers receiving training in teaching Advanced Placement or International Bacca- laureate courses in mathematics, science, or a critical for- eign language who will be teaching such courses in the next school year;

(D) the number of teachers becoming qualified to teach Advanced Placement or International Baccalaureate courses in mathematics, science, or a critical foreign lan- guage; and

(E) the number of qualified teachers who are teaching Advanced Placement or International Baccalaureate courses in mathematics, science, or critical foreign lan- guages to students in a high-need school. (2) REPORTING OF DATA.—Each eligible entity receiving a

grant under this section shall report data required under para- graph (1)—

(A) disaggregated by subject area; (B) in the case of student data, disaggregated in the

same manner as information is disaggregated under section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)); and

(k) EVALUATION AND REPORT.—From the amount made avail- able for any fiscal year under subsection (l), the Secretary shall reserve such sums as may be necessary—

(1) to conduct an annual independent evaluation, by grant or by contract, of the program carried out under this section, which shall include an assessment of the impact of the program on student academic achievement; and

to be appropriated to carry out this section $75,000,000 for fiscal

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121 STAT. 640 PUBLIC LAW 110–69—AUG. 9, 2007

year 2008, and such sums as may be necessary for each of the 2 succeeding fiscal years.

PART III—PROMISING PRACTICES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHE- MATICS TEACHING

SEC. 6131. PROMISING PRACTICES.

(a) PURPOSE.—The purpose of this section is to establish an expert panel to provide information on promising practices for strengthening teaching and learning in science, technology, engineering, and mathematics at the elementary school and sec- ondary school levels. The panel shall build on prior Federal efforts, such as efforts by the National Mathematics Advisory Panel, and shall synthesize scientific evidence pertaining to the improvement of science, technology, engineering, and mathematics teaching and learning.

(b) NATIONAL PANEL ON PROMISING PRACTICES IN K–12 STEM TEACHING AND LEARNING.—

(1) IN GENERAL.—The Secretary shall enter into a contract with the Center for Education of the National Academy of Sciences to establish and convene, not later than 1 year after the date of enactment of this Act, an expert panel to—

(A) identify promising practices for improving teaching and student achievement in science, technology, engineering, and mathematics in kindergarten through grade 12; and

(B) examine and synthesize the scientific evidence per- taining to the improvement of science, technology, engineering, and mathematics teaching and learning. (2) COMPOSITION OF NATIONAL PANEL.—The National

Academy of Sciences shall ensure that the panel established under paragraph (1) represents scientists, engineers, mathe- maticians, technologists, computer and information technology experts, educators, principals, researchers with expertise in teaching and learning (including experts in cognitive science), and others with relevant expertise. The National Academy of Sciences shall ensure that the panel includes the following:

(A) Representation of teachers and principals directly involved in teaching science, technology, engineering, and mathematics in kindergarten through grade 12.

(B) Representation of teachers and principals from diverse demographic groups and geographic areas, including urban, suburban, and rural schools.

(C) Representation of teachers and principals from public and private schools. (3) QUALIFICATION OF MEMBERS.—The members of the

panel established under paragraph (1) shall be individuals who have expertise and experience relating to—

(A) existing science, technology, engineering, and mathematics education programs;

(B) developing and improving science, technology, engineering, and mathematics curricula content;

(C) improving the academic achievement of students who are below grade level in science, technology, engineering, and mathematics fields; and

Contracts. Deadline.

20 USC 9841.

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121 STAT. 641PUBLIC LAW 110–69—AUG. 9, 2007

(D) research on teaching or learning. (c) AUTHORIZED ACTIVITIES OF NATIONAL PANEL.—The panel

established under subsection (b) shall identify— (1) promising practices in the effective teaching and

learning of science, technology, engineering, and mathematics topics in kindergarten through grade 12;

(2) promising training and professional development tech- niques designed to help teachers increase their skills and exper- tise in improving student achievement in science, technology, engineering, and mathematics in kindergarten through grade 12;

(3) critical skills and skills progressions needed to enable students to acquire competence in science, technology, engineering, and mathematics and readiness for advanced sec- ondary school and college level science, technology, engineering, and mathematics coursework;

(4) processes by which students with varying degrees of prior academic achievement and backgrounds learn effectively in the science, technology, engineering, and mathematics fields; and

(5) areas in which existing data about promising practices in science, technology, engineering, and mathematics education are insufficient. (d) REPORT.—The panel established under subsection (b) shall

prepare a written report for the Secretary that presents the findings of the panel pursuant to this section and includes recommendations, based on the findings of the panel, to strengthen science, technology, engineering, and mathematics teaching and learning in kinder- garten through grade 12.

(e) DISSEMINATION.—The Secretary shall disseminate the report under subsection (d) to the public, State educational agencies, and local educational agencies, and shall make the information in such report available, in an easy to understand format, on the website of the Department.

(f) SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS PROMISING PRACTICES.—

(1) RELIABILITY AND MEASUREMENT.—The promising prac- tices in the teaching of science, technology, engineering, and mathematics in elementary schools and secondary schools col- lected under this section shall be—

(A) reliable, valid, and grounded in scientifically valid research;

(B) inclusive of the critical skills and skill progressions needed for students to acquire competence in science, tech- nology, engineering, and mathematics;

ments and student academic achievement standards. (2) STUDENTS WITH DIVERSE LEARNING NEEDS.—In identi-

fying promising practices under this section, the panel estab- lished under subsection (b) shall take into account the needs of students with diverse learning needs, particularly students with disabilities and students who are limited English pro- ficient. (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $1,200,000 for fiscal year 2008.

Public information. Website.

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121 STAT. 642 PUBLIC LAW 110–69—AUG. 9, 2007

Subtitle B—Mathematics

SEC. 6201. MATH NOW FOR ELEMENTARY SCHOOL AND MIDDLE SCHOOL STUDENTS PROGRAM.

(a) PURPOSE.—The purpose of this section is to enable all stu- dents to reach or exceed grade-level academic achievement stand- ards and to prepare the students to enroll in and pass algebra courses by—

(1) improving instruction in mathematics for students in kindergarten through grade 9 through the implementation of mathematics programs and the support of comprehensive mathematics initiatives that are research-based and reflect a demonstrated record of effectiveness; and

(2) providing targeted help to low-income students who are struggling with mathematics and whose achievement is significantly below grade level. (b) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

In this section, the term ‘‘eligible local educational agency’’ means a high-need local educational agency (as defined in section 6112(3)) serving 1 or more schools—

(1) with significant numbers or percentages of students whose mathematics skills are below grade level;

(2) that are not making adequate yearly progress in mathe- matics under section 1111(b)(2) of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 6311(b)(2)); or

(3) in which students are receiving instruction in mathe- matics from teachers who do not have mathematical content knowledge or expertise in the teaching of mathematics. (c) PROGRAM AUTHORIZED.—

(1) IN GENERAL.—From the amounts appropriated under subsection (k) for any fiscal year, the Secretary is authorized to award grants, on a competitive basis, for a period of 3 years, to State educational agencies to enable the State edu- cational agencies to award grants to eligible local educational agencies to carry out the activities described in subsection (e) for students in any of the grades kindergarten through grade 9.

(2) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to applications for projects that will implement statewide strategies for improving mathematics instruction and raising the mathematics achievement of stu- dents, particularly students in grades 4 through 8. (d) STATE USES OF FUNDS.—

(1) IN GENERAL.—Each State educational agency that receives a grant under this section for a fiscal year—

(A) shall expend not more than a total of 10 percent of the grant funds to carry out the activities described in paragraph (2) or (3) for the fiscal year; and

(B) shall use not less than 90 percent of the grant funds to award grants, on a competitive basis, to eligible local educational agencies to enable the eligible local edu- cational agencies to carry out the activities described in subsection (e) for the fiscal year. (2) MANDATORY USES OF FUNDS.—A State educational

agency shall use the grant funds made available under para- graph (1)(A) to carry out each of the following activities:

Grants.

20 USC 9851.

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121 STAT. 643PUBLIC LAW 110–69—AUG. 9, 2007

(A) PLANNING AND ADMINISTRATION.—Planning and administration, including—

(i) evaluating applications from eligible local edu- cational agencies using peer review teams described in subsection (f)(1)(D);

(ii) administering the distribution of grants to eligible local educational agencies; and

(iii) assessing and evaluating, on a regular basis, eligible local educational agency activities assisted under this section, with respect to whether the activi- ties have been effective in increasing the number of students—

(I) making progress toward meeting grade- level mathematics achievement; and

(II) meeting or exceeding grade-level mathe- matics achievement.

(B) REPORTING.—Annually providing the Secretary with a report on the implementation of this section as described in subsection (i). (3) PERMISSIVE USES OF FUNDS; TECHNICAL ASSISTANCE.—

(A) IN GENERAL.—A State educational agency may use the grant funds made available under paragraph (1)(A) for 1 or more of the following technical assistance activities that assist an eligible local educational agency, upon request by the eligible local educational agency, in accom- plishing the tasks required to design and implement a project under this section, including assistance in—

(i) implementing mathematics programs or com- prehensive mathematics initiatives that are research- based and reflect a demonstrated record of effective- ness;

(ii) evaluating and selecting diagnostic and class- room based instructional mathematics assessments; and

(iii) identifying eligible professional development providers to conduct the professional development activities described in subsection (e)(1)(B). (B) GUIDANCE.—The technical assistance described in

subparagraph (A) shall be guided by researchers with expertise in the pedagogy of mathematics, mathematicians, and mathematics educators from high-risk, high-achieve- ment schools and eligible local educational agencies.

(e) LOCAL USES OF FUNDS.— (1) MANDATORY USES OF FUNDS.—Each eligible local edu-

cational agency receiving a grant under this section shall use the grant funds to carry out each of the following activities for students in any of the grades kindergarten through grade 9:

(A) To implement mathematics programs or com- prehensive mathematics initiatives—

(i) for students in the grades of a participating school as identified in the application submitted under subsection (f)(2)(B); and

(ii) that are research-based and reflect a dem- onstrated record of effectiveness. (B) To provide professional development and instruc-

tional leadership activities for teachers and, if appropriate,

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121 STAT. 644 PUBLIC LAW 110–69—AUG. 9, 2007

for administrators and other school staff, on the implementation of comprehensive mathematics initiatives designed—

(i) to improve the achievement of students per- forming significantly below grade level;

(ii) to improve the mathematical content knowl- edge of the teachers, administrators, and other school staff;

(iii) to increase the use of effective instructional practices; and

(iv) to monitor student progress. (C) To conduct continuous progress monitoring, which

may include the adoption and use of assessments that— (i) measure student progress and identify areas

in which students need help in learning mathematics; and

(ii) reflect mathematics content that is consistent with State academic achievement standards in mathe- matics described in section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)).

(2) PERMISSIVE USES OF FUNDS.—An eligible local edu- cational agency may use grant funds under this section to—

(A) adopt and use mathematics instructional materials and assessments;

(B) implement classroom-based assessments, including diagnostic or formative assessments;

(D) provide small groups with individualized instruc- tion in mathematics;

(E) conduct activities designed to improve the content knowledge and expertise of teachers, such as the use of a mathematics coach, enrichment activities, and inter- disciplinary methods of mathematics instruction; and

(F) collect and report performance data. (f) APPLICATIONS.—

(1) STATE EDUCATIONAL AGENCY.—Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall include—

(A) an assurance that the core mathematics instruc- tional program, supplemental instructional materials, and intervention programs used by the eligible local educational agencies for the project, are research-based and reflect a demonstrated record of effectiveness and are aligned with State academic achievement standards;

(B) an assurance that eligible local educational agen- cies will meet the requirements described in paragraph (2);

(D) a description of the qualifications of the peer review teams, which shall consist of—

(i) researchers with expertise in the pedagogy of mathematics;

(ii) mathematicians; and

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121 STAT. 645PUBLIC LAW 110–69—AUG. 9, 2007

(iii) mathematics educators serving high-risk, high- achievement schools and eligible local educational agencies; and (E) an assurance that the State has a process to safe-

guard against conflicts of interest consistent with sub- section (j)(2) and section 6204 for individuals providing technical assistance on behalf of the State educational agency or participating in the State peer review process under this subtitle. (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—Each eligible

local educational agency desiring a grant under this section shall submit an application to the State educational agency at such time and in such manner as the State educational agency may require. Each application shall include—

(A) an assurance that the eligible local educational agency will provide assistance to 1 or more schools that are—

(i) served by the eligible local educational agency; and

(ii) described in section 6201(b); (B) a description of the grades, and of the schools,

that will be served; (C) information, on an aggregate basis, on each school

to be served by the project, including such demographic, socioeconomic, and mathematics achievement data as the State educational agency may request;

(D) a description of the core mathematics instructional program, supplemental instructional materials, and inter- vention programs or strategies that will be used for the project, including an assurance that the programs or strate- gies are research-based and reflect a demonstrated record of effectiveness and are aligned with State academic achievement standards;

(E) a description of the activities that will be carried out under the grant, including a description of the profes- sional development that will be provided to teachers, and, if appropriate, administrators and other school staff, and a description of how the activities will support achievement of the purpose of this section;

(F) an assurance that the eligible local educational agency will report to the State educational agency all data on student academic achievement that is necessary for the State educational agency’s report under subsection (i);

(G) a description of the eligible entity’s plans for evalu- ating the impact of professional development and leader- ship activities in mathematics on the content knowledge and expertise of teachers, administrators, or other school staff; and

(H) any other information the State educational agency may reasonably require.

(g) PROHIBITIONS.— (1) IN GENERAL.—In implementing this section, the Sec-

retary shall not— (A) endorse, approve, or sanction any mathematics cur-

riculum designed for use in any school; or (B) engage in oversight, technical assistance, or activi-

ties that will require the adoption of a specific mathematics

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121 STAT. 646 PUBLIC LAW 110–69—AUG. 9, 2007

program or instructional materials by a State, local edu- cational agency, or school. (2) RULE OF CONSTRUCTION.—Nothing in this subtitle shall

be construed to authorize or permit the Department of Edu- cation, or a Department of Education contractor, to mandate, direct, control, or suggest the selection of a mathematics cur- riculum, supplemental instructional materials, or program of instruction by a State, local educational agency, or school. (h) MATCHING REQUIREMENTS.—

(1) STATE EDUCATIONAL AGENCY.—A State educational agency that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, in cash or in kind, to carry out the activities supported by the grant, of which not more than 20 percent of such 50 percent may be provided by local edu- cational agencies within the State.

(2) WAIVER.—The Secretary may waive all of or a portion of the matching requirement described in paragraph (1) for any fiscal year, if the Secretary determines that—

(A) the application of the matching requirement will result in serious hardship for the State educational agency; or

(B) providing a waiver best serves the purpose of the program assisted under this section.

(i) PROGRAM PERFORMANCE AND ACCOUNTABILITY.— (1) INFORMATION.—Each State educational agency receiving

a grant under this section shall collect and report to the Sec- retary annually such information on the results of the grant as the Secretary may reasonably require, including information on—

(A) mathematics achievement data that show the progress of students participating in projects under this section (including, to the extent practicable, comparable data from students not participating in such projects), based primarily on the results of State, school district wide, or classroom-based, assessments, including—

(i) specific identification of those schools and eligible local educational agencies that report the largest gains in mathematics achievement; and

(ii) evidence on whether the State educational agency and eligible local educational agencies within the State have—

(I) significantly increased the number of stu- dents achieving at grade level or above in mathe- matics;

(II) significantly increased the percentages of students described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) who are achieving at grade level or above in mathematics;

(III) significantly increased the number of stu- dents making significant progress toward meeting grade-level mathematics achievement standards; and

(IV) successfully implemented this section; (B) the percentage of students in the schools served

by the eligible local educational agency who enroll in

Reports. Deadline.

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121 STAT. 647PUBLIC LAW 110–69—AUG. 9, 2007

algebra courses and the percentage of such students who pass algebra courses; and

(C) the progress made in increasing the quality and accessibility of professional development and leadership activities in mathematics, especially activities resulting in greater content knowledge and expertise of teachers, administrators, and other school staff, except that the Sec- retary shall not require such information until after the third year of a grant awarded under this section. (2) REPORTING AND DISAGGREGATION.—The information

required under paragraph (1) shall be— (A) reported in a manner that allows for a comparison

of aggregated score differentials of student academic achievement before (to the extent feasible) and after implementation of the project assisted under this section; and

(B) disaggregated in the same manner as information is disaggregated under section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)). (3) PRIVACY PROTECTION.—The data in the report shall

be reported in a manner that— (A) protects the privacy of individuals; and (B) complies with the requirements of section 444 of

the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974).

(j) EVALUATION AND TECHNICAL ASSISTANCE.— (1) EVALUATION.—

(A) IN GENERAL.—The Secretary shall conduct an annual independent evaluation, by grant or by contract, of the program assisted under this section, which shall include an assessment of the impact of the program on student academic achievement and teacher performance, and may use funds available to carry out this section to conduct the evaluation.

(B) REPORT.—The Secretary shall annually submit, to the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives, and to the Committee on Health, Education, Labor, and Pen- sions and the Committee on Appropriations of the Senate, a report on the results of the evaluation.

the organization selected to carry out the independent evaluation under subparagraph (A) does not hold a contract or subcontract to implement any aspect of the program under this section.

(ii) SUBCONTRACTORS.—Any contract entered into under subparagraph (A) shall prohibit the organization conducting the evaluation from subcontracting with any entity that holds a contract or subcontract for any aspect of the implementation of this section.

(iii) WAIVER.—Subject to clause (iv), the Secretary may waive the application of clause (i) or (ii), or both, in accordance with the requirements under section 9.503 of title 48, Code of Federal Regulations, if the

Grants. Contracts.

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121 STAT. 648 PUBLIC LAW 110–69—AUG. 9, 2007

Secretary determines that their application in a par- ticular situation would not be in the Federal Govern- ment’s interest.

(iv) SPECIAL RULE REGARDING WAIVERS.—No organization or subcontractor under this paragraph shall receive a waiver that allows the organization or subcontractor to evaluate any aspect of the program under this section that the organization or subcon- tractor was involved in implementing.

(2) TECHNICAL ASSISTANCE.— (A) IN GENERAL.—The Secretary may use funds made

available under paragraph (3) to provide technical assist- ance to prospective applicants and to eligible local edu- cational agencies receiving a grant under this section.

(B) CONFLICTS OF INTEREST.—If the Secretary carries out subparagraph (A) through any contracts, the Secretary, in consultation with the Office of the General Counsel of the Department, shall ensure that each contract requires the contractor to—

(i) screen for conflicts of interest when hiring individuals to carry out the responsibilities under the contract;

(ii) include the requirement of clause (i) in any subcontracts the contractor enters into under the con- tract; and

(iii) establish and follow a schedule for carrying out clause (i) and subparagraph (C) and reporting to the Secretary on the contractor’s actions under those provisions. (C) SCREENING PROCESS.—Subject to subparagraph (D),

the screening process described in subparagraph (B)(i) shall—

(i) include, at a minimum, a review of— (I) each individual performing duties under

the contract or subcontract for connections to any State’s program under this section;

(II) such individual’s potential financial interests in, or other connection to, products, activities, or services that might be purchased by a State educational agency or local educational agency in the course of the agency’s implementa- tion of the program under this section; and

(III) such individual’s connections to teaching methodologies that might require the use of spe- cific products, activities, or services; and (ii) ensure that individuals performing duties

under the contract do not maintain significant financial interests in products, activities, or services supported under this section. (D) WAIVER.—

(i) IN GENERAL.—The Secretary may, in consulta- tion with the Office of the General Counsel of the Department, waive the requirements of subparagraph (C).

(ii) REPORT.—The Secretary shall— (I) establish criteria for the waivers under

clause (i); and Criteria.

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121 STAT. 649PUBLIC LAW 110–69—AUG. 9, 2007

(II) report any waivers under clause (i), and the criteria under which such waivers are allowed, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

(E) INFORMATION DISSEMINATION.— (i) IN GENERAL.—If the Secretary enters into con-

tracts to provide technical assistance under subpara- graph (A), and if a contractor enters into subcontracts for that purpose, each such contract and subcontract shall require the provider of technical assistance to clearly separate technical assistance provided under the contract or subcontract from information provided, or activities engaged in, as part of the normal oper- ations of the contractor or subcontractor.

(ii) METHODS OF COMPLIANCE.—Efforts to comply with clause (i) may include the creation of separate webpages for the purpose of fulfilling a contract or subcontract entered into under subparagraph (A).

(3) RESERVATION OF FUNDS.—The Secretary may reserve not more than 2.5 percent of funds appropriated under sub- section (k) for a fiscal year to carry out this subsection. (k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $95,000,000 for fiscal year 2008, and such sums as may be necessary for each of the 2 succeeding fiscal years.

SEC. 6202. SUMMER TERM EDUCATION PROGRAMS.

(a) PURPOSE.—The purpose of this section is to create opportuni- ties for summer learning by providing students with access to summer learning in mathematics, technology, and problem-solving to ensure that students do not experience learning losses over the summer and to remedy, reinforce, and accelerate the learning of mathematics and problem-solving.

(b) DEFINITIONS.—In this section: (1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an

entity that— (A) desires to participate in a summer learning grant

program under this section by providing summer learning opportunities described in subsection (d)(4)(A)(ii) to eligible students; and

(B) is— (i) a high-need local educational agency; or (ii) a consortium consisting of a high-need local

educational agency and 1 or more of the following entities:

(I) Another local educational agency. (II) A community-based youth development

organization with a demonstrated record of effectiveness in helping students learn.

(III) An institution of higher education. (IV) An educational service agency. (V) A for-profit educational provider, nonprofit

organization, science center, museum, or summer enrichment camp, that has been approved by the State educational agency to provide the summer

20 USC 9852.

Waivers.

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121 STAT. 650 PUBLIC LAW 110–69—AUG. 9, 2007

learning opportunity described in subsection (d)(4)(A)(ii).

(2) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means a student who—

(A) is eligible for a free lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and

(B) is served by a local educational agency identified by the State educational agency in the application described in subsection (c)(2). (3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term

‘‘high-need local educational agency’’ has the meaning given the term in section 6112. (c) DEMONSTRATION GRANT PROGRAM.—

(1) PROGRAM AUTHORIZED.— (A) IN GENERAL.—From the funds appropriated under

subsection (f) for a fiscal year, the Secretary shall carry out a demonstration grant program in which the Secretary awards grants, on a competitive basis, to State educational agencies to enable the State educational agencies to pay the Federal share of summer learning grants for eligible students.

(B) NUMBER OF GRANTS.—For each fiscal year, the Secretary shall award not more than 5 grants under this section. (2) APPLICATION.—A State educational agency that desires

to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such applica- tion shall identify the areas in the State where the summer learning grant program will be offered and the local educational agencies that serve such areas.

(3) AWARD BASIS.— (A) SPECIAL CONSIDERATION.—In awarding grants

under this section, the Secretary shall give special consider- ation to a State educational agency that agrees, to the extent possible, to enter into agreements with eligible enti- ties that are consortia described in subsection (b)(1)(B)(ii) and that proposes to target services to children in grades kindergarten through grade 8.

(B) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this section, the Secretary shall take into consider- ation an equitable geographic distribution of the grants.

(d) SUMMER LEARNING GRANTS.— (1) USE OF GRANTS FOR SUMMER LEARNING GRANTS.—

(A) IN GENERAL.—Each State educational agency that receives a grant under subsection (c) for a fiscal year shall use the grant funds to provide summer learning grants for the fiscal year to eligible students in the State who desire to attend a summer learning opportunity offered by an eligible entity that enters into an agreement with the State educational agency under paragraph (4)(A).

(B) AMOUNT; FEDERAL AND NON-FEDERAL SHARES.— (i) AMOUNT.—The amount of a summer learning

grant provided under this section shall be— (I) for each of the fiscal years 2008 through

2011, $1,600; and

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121 STAT. 651PUBLIC LAW 110–69—AUG. 9, 2007

(II) for fiscal year 2012, $1,800. (ii) FEDERAL SHARE.—The Federal share of each

summer learning grant shall be not more than 50 percent of the amount of the summer learning grant determined under clause (i).

(iii) NON-FEDERAL SHARE.—The non-Federal share of each summer learning grant shall be not less than 50 percent of the amount of the summer learning grant determined under clause (i), and shall be provided from non-Federal sources.

(2) DESIGNATION OF SUMMER SCHOLARS.—Eligible students who receive summer learning grants under this section shall be known as ‘‘summer scholars’’.

(3) SELECTION OF SUMMER LEARNING OPPORTUNITY.— (A) DISSEMINATION OF INFORMATION.—A State edu-

cational agency that receives a grant under subsection (c) shall disseminate information about summer learning opportunities and summer learning grants to the families of eligible students in the State.

(B) APPLICATION.—The parents of an eligible student who are interested in having their child participate in a summer learning opportunity and receive a summer learning grant shall submit an application to the State educational agency that includes a ranked list of preferred summer learning opportunities.

(i) process such application; (ii) determine whether the eligible student shall

receive a summer learning grant; (iii) coordinate the assignment of eligible students

receiving summer learning grants with summer learning opportunities; and

(iv) if demand for a summer learning opportunity exceeds capacity, the State educational agency shall prioritize applications to low-achieving eligible stu- dents. (D) FLEXIBILITY.—A State educational agency may

assign a summer scholar to a summer learning opportunity program that is offered in an area served by a local edu- cational agency that is not the local educational agency serving the area where such scholar resides.

(E) REQUIREMENT OF ACCEPTANCE.—An eligible entity shall accept, enroll, and provide the summer learning opportunity of such entity to, any summer scholar assigned to such summer learning opportunity by a State edu- cational agency pursuant to this subsection. (4) AGREEMENT WITH ELIGIBLE ENTITY.—

(A) IN GENERAL.—A State educational agency shall enter into an agreement with one or more eligible entities offering a summer learning opportunity, under which—

(i) the State educational agency shall agree to make payments to the eligible entity, in accordance with subparagraph (B), for a summer scholar; and

(ii) the eligible entity shall agree to provide the summer scholar with a summer learning opportunity that—

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121 STAT. 652 PUBLIC LAW 110–69—AUG. 9, 2007

(I) provides a total of not less than the equiva- lent of 30 full days of instruction (or not less than the equivalent of 25 full days of instruction, if the equivalent of an additional 5 days is devoted to field trips or other enrichment opportunities) to the summer scholar;

(II) employs small-group, research-based edu- cational programs, materials, curricula, and prac- tices;

(III) provides a curriculum that— (aa) emphasizes mathematics, technology,

engineering, and problem-solving through experiential learning opportunities;

(bb) is primarily designed to increase the numeracy and problem-solving skills of the summer scholar; and

(cc) is aligned with State academic content standards and goals of the local educational agency serving the summer scholar; (IV) measures student progress to determine

the gains made by summer scholars in the summer learning opportunity, and disaggregates the results of such progress for summer scholars by race and ethnicity, economic status, limited English pro- ficiency status, and disability status, in order to determine the opportunity’s impact on each sub- group of summer scholars;

(V) collects daily attendance data on each summer scholar;

(VI) provides professional development opportunities for teachers to improve their practice in teaching numeracy, and in integrating problem- solving techniques into the curriculum; and

(VII) meets all applicable Federal, State, and local civil rights laws.

(B) AMOUNT OF PAYMENT.— (i) IN GENERAL.—Except as provided in clause (ii),

a State educational agency shall make a payment to an eligible entity for a summer scholar in the amount determined under paragraph (1)(B)(i).

(ii) ADJUSTMENT.—In the case in which a summer scholar does not attend the full summer learning oppor- tunity, the State educational agency shall reduce the amount provided to the eligible entity pursuant to clause (i) by a percentage that is equal to the percent- age of the summer learning opportunity not attended by such scholar.

(5) ADMINISTRATIVE COSTS.—A State educational agency or eligible entity receiving funding under this section may use not more than 5 percent of such funding for administrative costs associated with carrying out this section. (e) EVALUATIONS; REPORT; WEBSITE.—

(1) EVALUATION AND ASSESSMENT.—For each year that an eligible entity enters into an agreement under subsection (d)(4), the eligible entity shall prepare and submit to the Secretary a report on the activities and outcomes of each summer learning opportunity that enrolled a summer scholar, including—

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121 STAT. 653PUBLIC LAW 110–69—AUG. 9, 2007

(A) information on the design of the summer learning opportunity;

(B) the alignment of the summer learning opportunity with State standards; and

(C) data from assessments of student mathematics and problem-solving skills for the summer scholars and on the attendance of the scholars, disaggregated by the subgroups described in subsection (d)(4)(A)(ii)(IV). (2) REPORT.—For each year funds are appropriated under

subsection (f) for this section, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives on the summer learning grant programs, including the effectiveness of the summer learning opportunities in improving student achieve- ment and learning.

(3) SUMMER LEARNING GRANTS WEBSITE.—The Secretary shall make accessible, on the Department of Education website, information for parents and school personnel on successful pro- grams and curricula, and best practices, for summer learning opportunities. (f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 2 succeeding fiscal years.

SEC. 6203. MATH SKILLS FOR SECONDARY SCHOOL STUDENTS.

(a) PURPOSES.—The purposes of this section are— (1) to provide assistance to State educational agencies and

local educational agencies in implementing effective research- based mathematics programs for students in secondary schools, including students with disabilities and students with limited English proficiency;

(2) to improve instruction in mathematics for students in secondary school through the implementation of mathematics programs and the support of comprehensive mathematics initia- tives that are based on the best available evidence of effective- ness;

(3) to provide targeted help to low-income students who are struggling with mathematics and whose achievement is significantly below grade level; and

(4) to provide in-service training for mathematics coaches who can assist secondary school teachers to utilize research- based mathematics instruction to develop and improve students’ mathematical abilities and knowledge, and assist teachers in assessing and improving student academic achievement. (b) DEFINITIONS.—In this section:

(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The term ‘‘eligible local educational agency’’ means a local educational agency that is eligible to receive funds, and that is receiving funds, under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(2) MATHEMATICS COACH.—The term ‘‘mathematics coach’’ means a certified or licensed teacher, with a demonstrated effectiveness in teaching mathematics to students with special- ized needs in mathematics and improving student academic

20 USC 9853.

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121 STAT. 654 PUBLIC LAW 110–69—AUG. 9, 2007

achievement in mathematics, a command of mathematical con- tent knowledge, and the ability to work with classroom teachers to improve the teachers’ instructional techniques to support mathematics improvement, who works on site at a school—

(A) to train teachers to better assess student learning in mathematics;

(B) to train teachers to assess students’ mathematics skills and identify students who need remediation; and

(i) students in after-school and summer school pro- grams;

(ii) students requiring additional instruction; (iii) students with disabilities; and (iv) students with limited English proficiency.

section (o) for a fiscal year, the Secretary shall establish a program, in accordance with the requirements of this section, that will provide grants on a competitive basis to State edu- cational agencies to award grants and subgrants to eligible local educational agencies for the purpose of establishing mathe- matics programs to improve the overall mathematics perform- ance of secondary school students in the State.

(2) LENGTH OF GRANT.—A grant to a State educational agency under this section shall be awarded for a period of 3 years. (d) RESERVATION OF FUNDS BY THE SECRETARY.—From amounts

appropriated under subsection (o) for a fiscal year, the Secretary may reserve—

(1) not more than 3 percent of such amounts to fund national activities in support of the programs assisted under this section, such as research and dissemination of best prac- tices, except that the Secretary may not use the reserved funds to award grants directly to local educational agencies; and

(2) not more than 1⁄2 of 1 percent of such amounts for the Bureau of Indian Education of the Department of the Interior to carry out the services and activities described in subsection (k)(3) for Indian children. (e) GRANT FORMULAS.—

(1) COMPETITIVE GRANTS TO STATE EDUCATIONAL AGEN- CIES.—From amounts appropriated under subsection (o) and not reserved under subsection (d), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to provide subgrants to eligible local educational agencies to establish mathematics programs for the purpose of improving overall mathematics performance among students in secondary school in the State.

(2) MINIMUM GRANT.—The Secretary shall ensure that the minimum grant made to any State educational agency under this section shall be not less than $500,000. (f) APPLICATIONS.—In order to receive a grant under this sec-

tion, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall meet the following conditions:

Grants.

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121 STAT. 655PUBLIC LAW 110–69—AUG. 9, 2007

(1) A State educational agency shall not include the applica- tion for assistance under this section in a consolidated applica- tion submitted under section 9302 of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 7842).

(2) The State educational agency’s application shall include assurances that such application and any technical assistance provided by the State will be guided by a peer review team, which shall consist of—

(A) researchers with expertise in the pedagogy of mathematics;

(B) mathematicians; and (C) mathematics educators serving high-risk, high-

achievement schools and eligible local educational agencies. (3) The State educational agency shall include an assurance

that the State has a process to safeguard against conflicts of interest consistent with subsection (m)(2) and section 6204 for individuals providing technical assistance on behalf of the State educational agency or participating in the State peer review process under this subtitle.

(4) The State educational agency will participate, if requested, in any evaluation of the State educational agency’s program under this section.

(5) The State educational agency’s application shall include a program plan that contains a description of the following:

(A) How the State educational agency will assist eligible local educational agencies in implementing sub- grants, including providing ongoing professional develop- ment for mathematics coaches, teachers, paraprofessionals, and administrators.

(B) How the State educational agency will help eligible local educational agencies identify high-quality screening, diagnostic, and classroom-based instructional mathematics assessments.

(C) How the State educational agency will help eligible local educational agencies identify high-quality research- based mathematics materials and programs.

(D) How the State educational agency will help eligible local educational agencies identify appropriate and effective materials, programs, and assessments for students with disabilities and students with limited English proficiency.

(E) How the State educational agency will ensure that professional development funded under this section—

(i) is based on mathematics research; (ii) will effectively improve instructional practices

for mathematics for secondary school students; (iii) will improve student academic achievement

in mathematics; and (iv) is coordinated with professional development

activities funded through other programs, including section 2113 of the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 6613). (F) How funded activities will help teachers and other

instructional staff to implement research-based components of mathematics instruction and improve student academic achievement.

(G) The subgrant process the State educational agency will use to ensure that eligible local educational agencies

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121 STAT. 656 PUBLIC LAW 110–69—AUG. 9, 2007

receiving subgrants implement programs and practices based on mathematics research.

(H) How the State educational agency will build on and promote coordination among mathematics programs in the State to increase overall effectiveness in improving mathematics instruction and student academic achieve- ment, including for students with disabilities and students with limited English proficiency.

(I) How the State educational agency will regularly assess and evaluate the effectiveness of the eligible local educational agency activities funded under this section.

(g) STATE USE OF FUNDS.—Each State educational agency receiving a grant under this section shall—

(1) establish a peer review team comprised of researchers with expertise in the pedagogy of mathematics, mathemati- cians, and mathematics educators from high-risk, high-achieve- ment schools, to provide guidance to eligible local educational agencies in selecting or developing and implementing appro- priate, research-based mathematics programs for secondary school students;

(2) use 80 percent of the grant funds received under this section for a fiscal year to fund high-quality applications for subgrants to eligible local educational agencies having applica- tions approved under subsection (k); and

(3) use 20 percent of the grant funds received under this section—

(A) to carry out State-level activities described in the application submitted under subsection (f);

(B) to provide— (i) technical assistance to eligible local educational

agencies; and (ii) high-quality professional development to

teachers and mathematics coaches in the State; (C) to oversee and evaluate subgrant services and

activities undertaken by the eligible local educational agen- cies as described in subsection (k)(3); and

(D) for administrative costs, of which not more than 5 percent of the grant funds may be used for planning, administration, and reporting.

(h) NOTICE TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—Each State educational agency receiving a grant under this section shall provide notice to all eligible local educational agencies in the State about the availability of subgrants under this section.

(i) PROHIBITIONS.— (1) IN GENERAL.—In implementing this section, the Sec-

retary shall not— (A) endorse, approve, or sanction any mathematics cur-

riculum designed for use in any school; or (B) engage in oversight, technical assistance, or activi-

ties that will require the adoption of a specific mathematics program or instructional materials by a State, local edu- cational agency, or school. (2) RULE OF CONSTRUCTION.—Nothing in this section shall

be construed to authorize or permit the Secretary, Department of Education, or a Department of Education contractor, to man- date, direct, control, or suggest the selection of a mathematics

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121 STAT. 657PUBLIC LAW 110–69—AUG. 9, 2007

curriculum, supplemental instructional materials, or program of instruction by a State, local educational agency, or school. (j) SUPPLEMENT NOT SUPPLANT.—Each State educational

agency receiving a grant under this section shall use the grant funds to supplement, not supplant, State funding for activities authorized under this section or for other educational activities.

(k) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— (1) APPLICATION.—

(A) IN GENERAL.—Each eligible local educational agency desiring a subgrant under this subsection shall submit an application to the State educational agency in the form and according to the schedule established by the State educational agency.

(B) CONTENTS.—In addition to any information required by the State educational agency, each application under subparagraph (A) shall demonstrate how the eligible local educational agency will carry out the following required activities:

(i) Development or selection and implementation of research-based mathematics assessments.

(ii) Development or selection and implementation of research-based mathematics programs, including programs for students with disabilities and students with limited English proficiency.

(iii) Selection of instructional materials based on mathematics research.

(iv) High-quality professional development for mathematics coaches and teachers based on mathe- matics research.

(v) Evaluation and assessment strategies. (vi) Reporting. (vii) Providing access to research-based mathe-

matics materials. (C) CONSORTIA.—Consistent with State law, an eligible

local educational agency may apply to the State educational agency for a subgrant as a member of a consortium of local educational agencies if each member of the consortium is an eligible local educational agency. (2) AWARD BASIS.—

(A) PRIORITY.—A State educational agency awarding subgrants under this subsection shall give priority to eligible local educational agencies that—

(i) are among the local educational agencies in the State with the lowest graduation rates, as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and

(ii) have the highest number or percentage of stu- dents who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)). (B) AMOUNT OF GRANTS.—Subgrants under this sub-

section shall be of sufficient size and scope to enable eligible local educational agencies to fully implement activities assisted under this subsection. (3) LOCAL USE OF FUNDS.—Each eligible local educational

agency receiving a subgrant under this subsection shall use

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121 STAT. 658 PUBLIC LAW 110–69—AUG. 9, 2007

the subgrant funds to carry out, at the secondary school level, the following services and activities:

(A) Hiring mathematics coaches and providing profes- sional development for mathematics coaches—

(i) at a level to provide effective coaching to class- room teachers;

(ii) to work with classroom teachers to better assess student academic achievement in mathematics;

(iii) to work with classroom teachers to identify students with mathematics problems and, where appropriate, refer students to available programs for remediation and additional services;

(iv) to work with classroom teachers to diagnose and remediate mathematics difficulties of the lowest- performing students, so that those teachers can provide intensive, research-based instruction, including during after-school and summer sessions, geared toward ensuring that those students can access and be success- ful in rigorous academic coursework; and

(v) to assess and organize student data on mathe- matics and communicate that data to school adminis- trators to inform school reform efforts. (B) Reviewing, analyzing, developing, and, where pos-

sible, adapting curricula to make sure mathematics skills are taught within other core academic subjects.

(C) Providing mathematics professional development for all relevant teachers in secondary school, as necessary, that addresses both remedial and higher level mathematics skills for students in the applicable curriculum.

(D) Providing professional development for teachers, administrators, and paraprofessionals serving secondary schools to help the teachers, administrators, and para- professionals improve student academic achievement in mathematics.

(E) Procuring and implementing programs and instruc- tional materials based on mathematics research, including software and other education technology related to mathe- matics instruction with demonstrated effectiveness in improving mathematics instruction and student academic achievement.

(F) Building on and promoting coordination among mathematics programs in the eligible local educational agency to increase overall effectiveness in—

(i) improving mathematics instruction; and (ii) increasing student academic achievement,

including for students with disabilities and students with limited English proficiency. (G) Evaluating the effectiveness of the instructional

strategies, teacher professional development programs, and other interventions that are implemented under the subgrant.

(H) Measuring improvement in student academic achievement, including through progress monitoring or other assessments. (4) SUPPLEMENT NOT SUPPLANT.—Each eligible local edu-

cational agency receiving a subgrant under this subsection shall use the subgrant funds to supplement, not supplant, the eligible

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121 STAT. 659PUBLIC LAW 110–69—AUG. 9, 2007

local educational agency’s funding for activities authorized under this section or for other educational activities.

(5) NEW SERVICES AND ACTIVITIES.—Subgrant funds pro- vided under this subsection may be used only to provide services and activities authorized under this section that were not pro- vided on the day before the date of enactment of this Act.

(6) EVALUATIONS.—Each eligible local educational agency receiving a grant under this subsection shall participate, as requested by the State educational agency or the Secretary, in reviews and evaluations of the programs of the eligible local educational agency and the effectiveness of such programs, and shall provide such reports as are requested by the State educational agency and the Secretary. (l) MATCHING REQUIREMENTS.—

(1) STATE EDUCATIONAL AGENCY REQUIREMENTS.—A State educational agency that receives a grant under this section shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, in cash or in-kind, to carry out the activities supported by the grant, of which not more than 20 percent of such 50 percent may be provided by local educational agencies within the State.

(2) WAIVER.—The Secretary may waive all or a portion of the matching requirements described in paragraph (1) for any fiscal year, if the Secretary determines that—

(A) the application of the matching requirement will result in serious hardship for the State educational agency; or

(B) providing a waiver best serves the purpose of the program assisted under this section.

(m) EVALUATION AND TECHNICAL ASSISTANCE.— (1) EVALUATION.—

(B) REPORT.—The Secretary shall annually submit to the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives, and to the Committee on Health, Education, Labor, and Pen- sions and the Committee on Appropriations of the Senate, a report on the results of the evaluation.

the organization selected to carry out the independent evaluation under subparagraph (A) does not hold a contract or subcontract to implement any aspect of the program under this section.

(iii) WAIVER.—Subject to clause (iv), the Secretary may waive the application of clause (i) or (ii), or both,

Grants. Contracts.

Reports.

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121 STAT. 660 PUBLIC LAW 110–69—AUG. 9, 2007

in accordance with the requirements under section 9.503 of title 48, Code of Federal Regulations, if the Secretary determines that their application in a par- ticular situation would not be in the Federal Govern- ment’s interest.

(2) TECHNICAL ASSISTANCE.— (A) IN GENERAL.—The Secretary may use funds made

available under paragraph (3) to provide technical assist- ance to prospective applicants and to State educational agencies and eligible local educational agencies receiving grants or subgrants under this section.