BILL PAGE HOME
H.R. 2272
5-21-07, House Agreed to Bill By Voice Vote
7-29-07, Senate Passed Bill by Unanimous Consent w/ Amendment
8-2-07, House Agreed to Conference Report 367-57
Senate Agreed by Unanimous Consent
8-9-07, Became Public Law 110-69
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
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. 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. 2003. Basic research enhancement.
Sec. 2004. Aging workforce issues program.
Sec. 2005. Sense of Congress regarding NASA's undergraduate student research program.
Sec. 2006. Use of International Space Station National Laboratory to support math and science education and competitiveness.
TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Amendments to the Stevenson-Wydler Technology Innovation Act of 1980.
Sec. 3003. Manufacturing Extension Partnership.
Sec. 3004. Institute-wide planning report.
Sec. 3005. Report by Visiting Committee.
Sec. 3006. Meetings of Visiting Committee on Advanced Technology.
Sec. 3007. Collaborative manufacturing research pilot grants.
Sec. 3008. Manufacturing Fellowship Program.
Sec. 3009. Procurement of temporary and intermittent services.
Sec. 3010. Malcolm Baldrige awards.
Sec. 3011. Report on National Institute of Standards and
Technology efforts to recruit and retain early career science and
engineering researchers.
Sec. 3012. Technology Innovation Program.
Sec. 3013. Technical amendments to the National Institute of Standards and Technology Act and other technical amendments.
Sec. 3014. Retention of depreciation surcharge.
Sec. 3015. Post-doctoral fellows.
TITLE IV--OCEAN AND ATMOSPHERIC PROGRAMS
Sec. 4001. Ocean and atmospheric Research and development Program.
Sec. 4002. NOAA ocean and atmospheric Science education Programs.
Sec. 4003. NOAA's contribution to innovation.
TITLE V--DEPARTMENT OF ENERGY
Sec. 5003. Science, engineering, and mathematics education at the Department of Energy.
Sec. 5004. Nuclear science talent expansion program for institutions of higher education.
Sec. 5005. Hydrocarbon systems science talent expansion program for institutions of higher education.
Sec. 5006. Department of Energy early career awards for science. engineering, and mathematics researchers.
Sec. 5007. Authorization of appropriations for Department of Energy for basic research.
Sec. 5008. Discovery science and engineering innovation institutes.
Sec. 5009. Protecting America's Competitive Edge (PACE) graduate fellowship program.
Sec. 5010. Sense of Congress regarding certain recommendations and reviews.
Sec. 5011. Distinguished scientist program.
Sec. 5012. Advanced Research Projects Agency--Energy.
TITLE VI--EDUCATION
Subtitle A--Teacher Assistance
Part I--Teachers for a Competitive Tomorrow
Sec. 6113. Programs for baccalaureate degrees in
science, technology, engineering, mathematics, or critical foreign
languages, with concurrent teacher certification.
Sec. 6114. Programs for master's degrees in science,
technology, engineering, mathematics, or critical foreign language
education.
Sec. 6115. General provisions.
Sec. 6116. Authorization of appropriations.
Part II--Advanced Placement and International Baccalaureate Programs
Sec. 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. 6303. Program authorized.
Sec. 6304. Authorization of appropriations.
Subtitle D--Alignment of Education Programs
Sec. 6401. Alignment of secondary school graduation
requirements with the demands of 21st century postsecondary endeavors
and support for P-16 education data systems.
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. 7002. Authorization of appropriations.
Sec. 7003. Reaffirmation of the merit-review process of the National Science Foundation.
Sec. 7004. Sense of the Congress regarding the
mathematics and science partnership programs of the Department of
Education and the National Science Foundation.
Sec. 7006. Centers for research on learning and education improvement.
Sec. 7007. Interdisciplinary research.
Sec. 7008. Postdoctoral research fellows.
Sec. 7009. Responsible conduct of research.
Sec. 7010. Reporting of research results.
Sec. 7011. Sharing research results.
Sec. 7012. Funding for successful science, technology, engineering, and mathematics education programs.
Sec. 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. 7024. High-performance computing and networking.
Sec. 7025. Science, technology, engineering, and mathematics talent expansion program.
Sec. 7026. Laboratory science pilot program.
Sec. 7027. Study on laboratory equipment donations for schools.
Sec. 7028. Mathematics and Science Education Partnerships amendments.
Sec. 7029. National Science Foundation teacher institutes for the 21st century.
Sec. 7030. Robert Noyce Teacher Scholarship Program.
Sec. 7031. Encouraging participation.
Sec. 7032. National Academy of Sciences report on diversity in science, technology, engineering, and mathematics fields.
Sec. 7033. Hispanic-serving institutions undergraduate program.
Sec. 7034. Professional science master's degree programs.
Sec. 7035. Sense of Congress on communications training for scientists.
Sec. 7036. Major research instrumentation.
Sec. 7037. Limit on proposals.
TITLE VIII--GENERAL PROVISIONS
Sec. 8001. Collection of data relating to trade in services.
Sec. 8002. Sense of the Senate regarding small business growth and capital markets.
Sec. 8003. Government Accountability Office review of activities, grants, and programs.
Sec. 8004. Sense of the Senate regarding anti-competitive tax policy.
Sec. 8005. Study of the provision of online degree programs.
Sec. 8006. Sense of the Senate regarding deemed exports.
Sec. 8007. Sense of the Senate regarding capital markets.
Sec. 8008. Accountability and transparency of activities authorized by this Act.
TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY; 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
Science and Technology Summit to examine the health and direction of
the United States' science, technology, engineering, and mathematics
enterprises. The Summit shall include representatives of industry,
small business, labor, academia, State government, Federal research and
development agencies, non-profit environmental and energy policy groups
concerned with science and technology issues, and other nongovernmental
organizations, including representatives of science, technology, and
engineering organizations and associations that represent individuals
identified in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b).
(b) Report- Not later than 90 days after the date of the
conclusion of the Summit, the President shall submit to Congress a
report on the results of the Summit. The report shall identify key
research and technology challenges and recommendations, including
recommendations to increase the representation of individuals
identified in section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b) in science, engineering,
and technology enterprises, for areas of investment for Federal
research and technology programs to be carried out during the 5-year
period beginning on the date the report is issued.
(c) Annual Evaluation- Beginning with the President's
budget submission for the fiscal year following the conclusion of the
National Science and Technology Summit and for each of the following 4
budget submissions, the Analytical Perspectives component of the budget
document that describes the Research and Development budget priorities
shall include a description of how those priorities relate to the
conclusions and recommendations of the Summit contained in the report
required under subsection (b).
SEC. 1002. STUDY ON BARRIERS TO INNOVATION.
(a) In General- Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of Science and
Technology Policy shall enter into a contract with the National Academy
of Sciences to conduct and complete a study to identify, and to review
methods to mitigate, new forms of risk for businesses beyond
conventional operational and financial risk that affect the ability to
innovate, including studying and reviewing--
(1) incentive and compensation structures that could effectively encourage long-term value creation and innovation;
(2) methods of voluntary and supplemental disclosure by
industry of intellectual capital, innovation performance, and
indicators of future valuation;
(3) means by which government could work with industry
to enhance the legal and regulatory framework to encourage the
disclosures described in paragraph (2);
(4) practices that may be significant deterrents to
United States businesses engaging in innovation risk-taking compared to
foreign competitors;
(5) costs faced by United States businesses engaging in
innovation compared to foreign competitors, including the burden placed
on businesses by high and rising health care costs;
(6) means by which industry, trade associations, and
universities could collaborate to support research on management
practices and methodologies for assessing the value and risks of longer
term innovation strategies;
(7) means to encourage new, open, and collaborative
dialogue between industry associations, regulatory authorities,
management, shareholders, labor, and other concerned interests to
encourage appropriate approaches to innovation risk-taking;
(8) incentives to encourage participation among
institutions of higher education, especially those in rural and
underserved areas, to engage in innovation;
(9) relevant Federal regulations that may discourage or encourage innovation;
(10) all provisions of the Internal Revenue Code of
1986, including tax provisions, compliance costs, and reporting
requirements, that discourage innovation;
(11) the extent to which Federal funding promotes or hinders innovation; and
(12) the extent to which individuals are being equipped
with the knowledge and skills necessary for success in the 21st century
workforce, as measured by--
(A) elementary school and secondary school student
academic achievement on the State academic assessments required under
section 1111(b)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 (b)(3)), especially in mathematics, science, and
reading, identified by ethnicity, race, and gender;
(B) the rate of student entrance into institutions
of higher education, identified by ethnicity, race, and gender, by type
of institution, and barriers to access to institutions of higher
education;
(i) students successfully completing postsecondary education programs, identified by ethnicity, race, and gender; and
(ii) certificates, associate degrees, and
baccalaureate degrees awarded in the fields of science, technology,
engineering, and mathematics, identified by ethnicity, race, and
gender; and
(D) access to, and availability of, high quality job training programs.
(b) Report Required- Not later than 1 year after entering
into the contract required by subsection (a) and 4 years after entering
into such contract, the National Academy of Sciences shall submit to
Congress a report on the study conducted under such subsection.
(c) Authorization of Appropriations- There are authorized
to be appropriated to the Office of Science and Technology Policy
$1,000,000 for fiscal year 2008 for the purpose of carrying out the
study required under this section.
SEC. 1003. NATIONAL TECHNOLOGY AND INNOVATION MEDAL.
Section 16 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711) is amended--
(1) in the section heading, by striking `national medal' and inserting `national technology and innovation medal'; and
(2) in subsection (a), by striking `Technology Medal' and inserting `Technology and Innovation Medal'.
SEC. 1004. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS DAYS.
It is the sense of Congress that the Director of the Office of Science and Technology Policy should--
(1) encourage all elementary and middle schools to
observe a Science, Technology, Engineering, and Mathematics Day twice
in every school year for the purpose of bringing in science,
technology, engineering, and mathematics mentors to provide hands-on
lessons to excite and inspire students to pursue the science,
technology, engineering, and mathematics fields (including continuing
education and career paths);
(2) initiate a program, in consultation with Federal
agencies and departments, to provide support systems, tools (from
existing outreach offices), and mechanisms to allow and encourage
Federal employees with scientific, technological, engineering, or
mathematical responsibilities to reach out to local classrooms on such
Science, Technology, Engineering, and Mathematics Days to instruct and
inspire school children, focusing on real life science, technology,
engineering, and mathematics-related applicable experiences along with
hands-on demonstrations in order to demonstrate the advantages and
direct applications of studying the science, technology, engineering,
and mathematics fields; and
(3) promote Science, Technology, Engineering, and
Mathematics Days involvement by private sector and institutions of
higher education employees, including partnerships with scientific,
engineering, and mathematical professional organizations representing
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b), in a
manner similar to the Federal employee involvement described in
paragraph (2).
SEC. 1005. STUDY OF SERVICE SCIENCE.
(a) Sense of Congress- It is the sense of Congress that, in
order to strengthen the competitiveness of United States enterprises
and institutions and to prepare the people of the United States for
high-wage, high-skill employment, the Federal Government should better
understand and respond strategically to the emerging management and
learning discipline known as service science.
(b) Study- Not later than 1 year after the date of the
enactment of this Act, the Director of the Office of Science and
Technology Policy shall, through the National Academy of Sciences,
conduct a study and report to Congress on how the Federal Government
should support, through research, education, and training, the emerging
management and learning discipline known as service science.
(c) Outside Resources- In conducting the study under
subsection (b), the National Academy of Sciences shall consult with
leaders from 2- and 4-year institutions of higher education, as defined
in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), leaders from corporations, and other relevant parties.
(d) Service Science Defined- In this section, the term
`service science' means curricula, training, and research programs that
are designed to teach individuals to apply scientific, engineering, and
management disciplines that integrate elements of computer science,
operations research, industrial engineering, business strategy,
management sciences, and social and legal sciences, in order to
encourage innovation in how organizations create value for customers
and shareholders that could not be achieved through such disciplines
working in isolation.
SEC. 1006. PRESIDENT'S COUNCIL ON INNOVATION AND COMPETITIVENESS.
(a) In General- The President shall establish a President's Council on Innovation and Competitiveness.
(b) Duties- The duties of the Council shall include--
(1) monitoring implementation of public laws and
initiatives for promoting innovation, including policies related to
research funding, taxation, immigration, trade, and education that are
proposed in this Act or in any other Act;
(2) providing advice to the President with respect to
global trends in competitiveness and innovation and allocation of
Federal resources in education, job training, and technology research
and development considering such global trends in competitiveness and
innovation;
(3) in consultation with the Director of the Office of
Management and Budget, developing a process for using metrics to assess
the impact of existing and proposed policies and rules that affect
innovation capabilities in the United States;
(4) identifying opportunities and making
recommendations for the heads of executive agencies to improve
innovation, monitoring, and reporting on the implementation of such
recommendations;
(5) developing metrics for measuring the progress of
the Federal Government with respect to improving conditions for
innovation, including through talent development, investment, and
infrastructure improvements; and
(6) submitting to the President and Congress an annual report on such progress.
(c) Membership and Coordination-
(1) MEMBERSHIP- The Council shall be composed of the Secretary or head of each of the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Education.
(D) The Department of Energy.
(E) The Department of Health and Human Services.
(F) The Department of Homeland Security.
(G) The Department of Labor.
(H) The Department of the Treasury.
(I) The National Aeronautics and Space Administration.
(J) The Securities and Exchange Commission.
(K) The National Science Foundation.
(L) The Office of the United States Trade Representative.
(M) The Office of Management and Budget.
(N) The Office of Science and Technology Policy.
(O) The Environmental Protection Agency.
(P) The Small Business Administration.
(Q) Any other department or agency designated by the President.
(2) CHAIRPERSON- The Secretary of Commerce shall serve as Chairperson of the Council.
(3) COORDINATION- The Chairperson of the Council shall
ensure appropriate coordination between the Council and the National
Economic Council, the National Security Council, and the National
Science and Technology Council.
(4) MEETINGS- The Council shall meet on a semi-annual
basis at the call of the Chairperson and the initial meeting of the
Council shall occur not later than 6 months after the date of the
enactment of this Act.
(d) Development of Innovation Agenda-
(1) IN GENERAL- The Council shall develop a
comprehensive agenda for strengthening the innovation and
competitiveness capabilities of the Federal Government, State
governments, academia, and the private sector in the United States.
(2) CONTENTS- The comprehensive agenda required by paragraph (1) shall include the following:
(A) An assessment of current strengths and weaknesses of the United States investment in research and development.
(B) Recommendations for addressing weaknesses and
maintaining the United States as a world leader in research and
development and technological innovation, including strategies for
increasing the participation of individuals identified in section 33 or
34 of the Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b) in science, technology, engineering, and mathematics
fields.
(C) Recommendations for strengthening the
innovation and competitiveness capabilities of the Federal Government,
State governments, academia, and the private sector in the United
States.
(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.
(iii) Various fields including information
technology, energy, engineering, high-technology manufacturing, health
care, and education.
(iv) Scientific organizations.
(v) Academic organizations and other nongovernmental organizations working in the area of science or technology.
(vi) Nongovernmental organizations, such as
professional organizations, that represent individuals identified in
section 33 or 34 of the Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a or 1885b) in the areas of science, engineering,
technology, and mathematics.
(B) DESIGNATION- Not later than 30 days after the
date that the National Academy of Sciences submits the list of
recommended individuals to serve as advisors, the President shall
designate 50 individuals to serve as advisors to the Council.
(C) REQUIREMENT TO CONSULT- The Council shall
develop the comprehensive agenda required by paragraph (1) in
consultation with the advisors.
(4) INITIAL SUBMISSION AND UPDATES-
(A) INITIAL SUBMISSION- Not later than 1 year after
the date of the enactment of this Act, the Council shall submit to
Congress and the President the comprehensive agenda required by
paragraph (1).
(B) UPDATES- At least once every 2 years, the
Council shall update the comprehensive agenda required by paragraph (1)
and submit each such update to Congress and the President.
(e) Optional Assignment- Notwithstanding subsection (a) and
paragraphs (1) and (2) of subsection (c), the President may designate
an existing council to carry out the requirements of this section.
SEC. 1007. NATIONAL COORDINATION OF RESEARCH INFRASTRUCTURE.
(a) Identification and Prioritization of Deficiencies in
Federal Research Facilities- Each year the Director of the Office of
Science and Technology Policy shall, through the National Science and
Technology Council, identify and prioritize the deficiencies in
research facilities and major instrumentation located at Federal
laboratories and national user facilities at academic institutions that
are widely accessible for use by researchers in the United States. In
prioritizing such deficiencies, the Director shall consider research
needs in areas relevant to the specific mission requirements of Federal
agencies.
(b) Planning for Acquisition, Refurbishment, and
Maintenance of Research Facilities and Major Instrumentation- The
Director shall, through the National Science and Technology Council,
coordinate the planning by Federal agencies for the acquisition,
refurbishment, and maintenance of research facilities and major
instrumentation to address the deficiencies identified under subsection
(a).
(c) Report- The Director shall submit to Congress each
year, together with documents submitted to Congress in support of the
budget of the President for the fiscal year beginning in such year (as
submitted pursuant to section 1105 of title 31, United States Code), a
report, current as of the fiscal year ending in the year before such
report is submitted, setting forth the following:
(1) A description of the deficiencies in research infrastructure identified in accordance with subsection (a).
(2) A list of projects and budget proposals of Federal
research facilities, set forth by agency, for major instrumentation
acquisitions that are included in the budget proposal of the President.
(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 Executive agency
that funds research in science, technology, engineering, or mathematics
should set a goal of allocating an appropriate percentage of the annual
basic research budget of such agency to funding high-risk, high-reward
basic research projects described in subsection (a).
(c) Report- Each Executive agency described in subsection
(b) shall submit to Congress each year, together with documents
submitted to Congress in support of the budget of the President for the
fiscal year beginning in such year (as submitted pursuant to section
1105 of title 31, United States Code), a report describing whether a
funding goal as described in subsection (b) has been established, and
if such a goal has been established, the following:
(1) A description of such funding goal.
(2) Whether such funding goal is being met by the agency.
(3) A description of activities supported by amounts allocated in accordance with such funding goal.
(d) Definitions- In this section:
(1) BASIC RESEARCH- The term `basic research' has the
meaning given such term in the Office of Management and Budget Circular
No. A-11.
(2) EXECUTIVE AGENCY- The term `Executive agency' has
the meaning given such term in section 105 of title 5, United States
Code.
SEC. 1009. RELEASE OF SCIENTIFIC RESEARCH RESULTS.
(a) Principles- Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of Science and
Technology Policy, in consultation with the Director of the Office of
Management and Budget and the heads of all Federal civilian agencies
that conduct scientific research, shall develop and issue an
overarching set of principles to ensure the communication and open
exchange of data and results to other agencies, policymakers, and the
public of research conducted by a scientist employed by a Federal
civilian agency and to prevent the intentional or unintentional
suppression or distortion of such research findings. The principles
shall encourage the open exchange of data and results of research
undertaken by a scientist employed by such an agency and shall be
consistent with existing Federal laws, including chapter 18 of title
35, United States Code (commonly known as the `Bayh-Dole Act'). The
principles shall also take into consideration the policies of
peer-reviewed scientific journals in which Federal scientists may
currently publish results.
(b) Implementation- Not later than 180 days after the date
of the enactment of this Act, the Director of the Office of Science and
Technology Policy shall ensure that all civilian Federal agencies that
conduct scientific research develop specific policies and procedures
regarding the public release of data and results of research conducted
by a scientist employed by such an agency consistent with the
principles established under subsection (a). Such polices and
procedures shall--
(1) specifically address what is and what is not permitted or recommended under such policies and procedures;
(2) be specifically designed for each such agency;
(3) be applied uniformly throughout each such agency; and
(4) be widely communicated and readily accessible to all employees of each such agency and the public.
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SEC. 2001. NASA'S CONTRIBUTION TO INNOVATION.
(a) Participation in Interagency Activities- The National
Aeronautics and Space Administration shall be a full participant in any
interagency effort to promote innovation and economic competitiveness
through near-term and long-term basic scientific research and
development and the promotion of science, technology, engineering, and
mathematics education, consistent with the National Aeronautics and
Space Administration's mission, including authorized activities.
(b) Historic Foundation- In order to carry out the
participation described in subsection (a), the Administrator of the
National Aeronautics and Space Administration shall build on the
historic role of the National Aeronautics and Space Administration in
stimulating excellence in the advancement of physical science and
engineering disciplines and in providing opportunities and incentives
for the pursuit of academic studies in science, technology,
engineering, and mathematics.
(c) Balanced Science Program and Robust Authorization
Levels- The balanced science program authorized by section 101(d) of
the National Aeronautics and Space Administration Authorization Act of
2005 (42 U.S.C. 16611) shall be an element of the contribution by the
National Aeronautics and Space Administration to such interagency
programs.
(d) Sense of Congress on Contribution of Appropriately
Funded National Aeronautics and Space Administration- It is the sense
of Congress that a robust National Aeronautics and Space
Administration, funded at the levels authorized for fiscal years 2007
and 2008 under sections 202 and 203 of the National Aeronautics and
Space Administration Authorization Act of 2005 (42 U.S.C. 16631 and
16632) and at appropriate levels in subsequent fiscal years--
(1) can contribute significantly to innovation in, and the competitiveness of, the United States;
(2) would enable a fair balance among science, aeronautics, education, exploration, and human space flight programs; and
(3) would allow full participation in any interagency efforts to promote innovation and economic competitiveness.
(1) REQUIREMENT- The Administrator shall submit to
Congress and the President an annual report describing the activities
conducted pursuant to this section, including a description of the
goals and the objective metrics upon which funding decisions were made.
(2) CONTENT- Each report submitted pursuant to
paragraph (1) shall include, with regard to science, technology,
engineering, and mathematics education programs, at a minimum, the
following:
(A) A description of each program.
(B) The amount spent on each program.
(C) The number of students or teachers served by each program.
(f) Assessment Plan- Not later than 1 year after the date
of the enactment of this Act, the Administrator shall submit to
Congress a report on its plan for instituting assessments of the
effectiveness of the National Aeronautics and Space Administration's
science, technology, engineering, and mathematics education programs in
improving student achievement, including with regard to challenging
State achievement standards.
SEC. 2002. AERONAUTICS.
(a) Sense of Congress- It is the sense of Congress that the
aeronautics research and development program of the National
Aeronautics and Space Administration has been an important contributor
to innovation and to the competitiveness of the United States and the
National Aeronautics and Space Administration should maintain its
capabilities to advance the state of aeronautics.
(b) Cooperation With Other Agencies on Aeronautics
Activities- The Administrator shall coordinate, as appropriate, the
National Aeronautics and Space Administration's aeronautics activities
with relevant programs in the Department of Transportation, the
Department of Defense, the Department of Commerce, and the Department
of Homeland Security, including the activities of the Joint Planning
and Development Office established under section 709 of the Vision
100-Century of Aviation Reauthorization Act (Public Law 108-176; 117
Stat. 2582).
SEC. 2003. BASIC RESEARCH ENHANCEMENT.
(a) In General- The Administrator of the National
Aeronautics and Space Administration, the Director of the National
Science Foundation, the Secretary of Energy, the Secretary of Defense,
and Secretary of Commerce shall, to the extent practicable, coordinate
basic research activities related to physical sciences, technology,
engineering, and mathematics.
(b) Basic Research Defined- In this section, the term
`basic research' has the meaning given such term in Office of
Management and Budget Circular No. A-11.
SEC. 2004. AGING WORKFORCE ISSUES PROGRAM.
It is the sense of Congress that the Administrator of the
National Aeronautics and Space Administration should implement a
program to address aging work force issues in aerospace that--
(1) documents technical and management experiences
before senior people leave the National Aeronautics and Space
Administration, including--
(A) documenting lessons learned;
(B) briefing organizations;
(C) providing opportunities for archiving lessons in a database; and
(D) providing opportunities for near-term retirees
to transition out early from their primary assignment in order to
document their career lessons learned and brief new employees prior to
their separation from the National Aeronautics and Space Administration;
(2) provides incentives for retirees to return and teach new employees about their career lessons and experiences; and
(3) provides for the development of an award to
recognize and reward outstanding senior employees for their
contributions to knowledge sharing.
SEC. 2005. SENSE OF CONGRESS REGARDING NASA'S UNDERGRADUATE STUDENT RESEARCH PROGRAM.
It is the sense of Congress that in order to generate
interest in careers in science, technology, engineering, and
mathematics and to help train the next generation of space and
aeronautical scientists, technologists, engineers, and mathematicians
the Administrator of the National Aeronautics and Space Administration
should utilize the existing Undergraduate Student Research Program of
the National Aeronautics and Space Administration to support basic
research projects on subjects of relevance to the National Aeronautics
and Space Administration that--
(1) are to be carried out primarily by undergraduate students; and
(2) combine undergraduate research with other research supported by the National Aeronautics and Space Administration.
SEC. 2006. USE OF INTERNATIONAL SPACE STATION NATIONAL LABORATORY TO SUPPORT MATH AND SCIENCE EDUCATION AND COMPETITIVENESS.
(a) Sense of Congress- It is the sense of Congress that the
International Space Station National Laboratory offers unique
opportunities for educational activities and provides a unique resource
for research and development in science, technology, and engineering,
which can enhance the global competitiveness of the United States.
(b) Development of Educational Projects- The Administrator
of the National Aeronautics and Space Administration shall develop a
detailed plan for implementation of 1 or more education projects that
utilize the resources offered by the International Space Station. In
developing any detailed plan according to this paragraph, the
Administrator shall make use of the findings and recommendations of the
International Space Station National Laboratory Education Concept
Development Task Force.
(c) Development of Research Plans for Competitiveness
Enhancement- The Administrator shall develop a detailed plan for
identification and support of research to be conducted aboard the
International Space Station, which offers the potential for enhancement
of United States competitiveness in science, technology, and
engineering. In developing any detailed plan pursuant to this
subsection, the Administrator shall consult with agencies and entities
with which cooperative agreements have been reached regarding
utilization of International Space Station National Laboratory
facilities.
TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) Scientific and Technical Research and Services-
(1) LABORATORY ACTIVITIES- There are authorized to be
appropriated to the Secretary of Commerce for the scientific and
technical research and services laboratory activities of the National
Institute of Standards and Technology--
(A) $502,100,000 for fiscal year 2008;
(B) $541,900,000 for fiscal year 2009; and
(C) $584,800,000 for fiscal year 2010.
(2) CONSTRUCTION AND MAINTENANCE- There are authorized
to be appropriated to the Secretary of Commerce for construction and
maintenance of facilities of the National Institute of Standards and
Technology--
(A) $150,900,000 for fiscal year 2008;
(B) $86,400,000 for fiscal year 2009; and
(C) $49,700,000 for fiscal year 2010.
(b) Industrial Technology Services- There are authorized to
be appropriated to the Secretary of Commerce for Industrial Technology
Services activities of the National Institute of Standards and
Technology--
(1) $210,000,000 for fiscal year 2008, of which--
(A) $100,000,000 shall be for the Technology
Innovation Program under section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n), of which at least
$40,000,000 shall be for new awards; and
(B) $110,000,000 shall be for the Manufacturing
Extension Partnership program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), of
which not more than $1,000,000 shall be for the competitive grant
program under section 25(f) of such Act;
(2) $253,500,000 for fiscal year 2009, of which--
(A) $131,500,000 shall be for the Technology
Innovation Program under section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n), of which at least
$40,000,000 shall be for new awards; and
(B) $122,000,000 shall be for the Manufacturing
Extension Partnership Program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), of
which not more than $4,000,000 shall be for the competitive grant
program under section 25(f) of such Act; and
(3) $272,300,000 for fiscal year 2010, of which--
(A) $140,500,000 shall be for the Technology
Innovation Program under section 28 of the National Institute of
Standards and Technology Act (15 U.S.C. 278n), of which at least
$40,000,000 shall be for new awards; and
(B) $131,800,000 shall be for the Manufacturing
Extension Partnership Program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), of
which not more than $4,000,000 shall be for the competitive grant
program under section 25(f) of such Act.
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
`Experimental Program to Stimulate Competitive Technology' and
inserting `Program Establishment';
(4) in subsection (b), as redesignated by paragraph (3)(C), by striking `this subsection' and inserting `subsection (a)'; and
(5) in the section heading by striking `commerce and
technological innovation' and inserting `experimental program to
stimulate competitive technology'.
(b) Construction- The amendments made by subsection (a)
shall not be construed to eliminate the National Institute of Standards
and Technology or the National Technical Information Service.
(c) Conforming Amendments-
(1) TITLE 5, UNITED STATES CODE- Section 5314 of title
5, United States Code, is amended by striking `Under Secretary of
Commerce for Technology.'.
(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY- The
National Institute of Standards and Technology Act (15 U.S.C. 271 et
seq.) is amended--
(A) in section 2 of such Act (15 U.S.C. 272)--
(i) in subsection (b), by striking `and, if appropriate, through other officials,'; and
(ii) in subsection (c), by striking `and, if appropriate, through other appropriate officials,'; and
(B) in section 5 of such Act (15 U.S.C. 274), by
striking `The Director shall have the general' and inserting `The
Director shall report directly to the Secretary and shall have the
general'.
(3) DEFINITIONS- Section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703) is amended--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (2) through (13) as paragraphs (1) through (11), respectively.
(4) FUNCTIONS OF SECRETARY- Section 11(g)(1) of such
Act (15 U.S.C. 3710(g)(1)) is amended by striking `through the Under
Secretary, and'.
(5) REPEAL OF AUTHORIZATION- Section 21(a) of such Act (15 U.S.C. 3713(a)) is amended--
(A) in paragraph (1), by striking `sections 5, 11(g), and 16' and inserting `sections 11(g) and 16'; and
(B) in paragraph (2), by striking `$500,000 is
authorized only for the purpose of carrying out the requirements of the
Japanese technical literature program established under section 5(d) of
this Act;'.
(6) HIGH-PERFORMANCE COMPUTING ACT OF 1991- Section 208
of the High-Performance Computing Act of 1991 (15 U.S.C. 5528) is
amended by striking subsection (c) and redesignating subsection (d) as
subsection (c).
(7) ASSISTIVE TECHNOLOGY ACT OF 1998- Section
6(b)(4)(B)(v) of the Assistive Technology Act of 1998 (29 U.S.C.
3005(b)(4)(B)(v)) is amended by striking `the Technology Administration
of the Department of Commerce,' and inserting `the National Institute
of Standards and Technology,'.
SEC. 3003. MANUFACTURING EXTENSION PARTNERSHIP.
(a) Clarification of Eligible Contributions in Connection
With Regional Centers Responsible for Implementing the Objectives of
the Program- Paragraph (3) of section 25(c) of the National Institute
of Standards and Technology Act (15 U.S.C. 278k(c)(3)) is amended to
read as follows:
`(3)(A) Any nonprofit institution, or group thereof, or
consortia of nonprofit institutions, including entities existing on
August 23, 1988, may submit to the Secretary an application for
financial support under this subsection, in accordance with the
procedures established by the Secretary and published in the Federal
Register under paragraph (2).
`(B) In order to receive assistance under this section, an
applicant for financial assistance under subparagraph (A) shall provide
adequate assurances that non-Federal assets obtained from the applicant
and the applicant's partnering organizations will be used as a funding
source to meet not less than 50 percent of the costs incurred for the
first 3 years and an increasing share for each of the last 3 years. For
purposes of the preceding sentence, the costs incurred means the costs
incurred in connection with the activities undertaken to improve the
management, productivity, and technological performance of small- and
medium-sized manufacturing companies.
`(C) In meeting the 50 percent requirement, it is
anticipated that a Center will enter into agreements with other
entities such as private industry, universities, and State governments
to accomplish programmatic objectives and access new and existing
resources that will further the impact of the Federal investment made
on behalf of small- and medium-sized manufacturing companies. All
non-Federal costs, contributed by such entities and determined by a
Center as programmatically reasonable and allocable under MEP program
procedures are includable as a portion of the Center's contribution.
`(D) Each applicant under subparagraph (A) shall also
submit a proposal for the allocation of the legal rights associated
with any invention which may result from the proposed Center's
activities.'.
(b) Manufacturing Center Evaluation- Paragraph (5) of
section 25(c) of the National Institute of Standards and Technology Act
(15 U.S.C. 278k(c)(5)) is amended by inserting `A Center that has not
received a positive evaluation by the evaluation panel shall be
notified by the panel of the deficiencies in its performance and shall
be placed on probation for one year, after which time the panel shall
reevaluate the Center. If the Center has not addressed the deficiencies
identified by the panel, or shown a significant improvement in its
performance, the Director shall conduct a new competition to select an
operator for the Center or may close the Center.' after `at declining
levels.'.
(c) Federal Share- Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k) is amended by striking
subsection (d) and inserting the following:
`(d) Acceptance of Funds-
`(1) IN GENERAL- In addition to such sums as may be
appropriated to the Secretary and Director to operate the Centers
program, the Secretary and Director also may accept funds from other
Federal departments and agencies and under section 2(c)(7) from the
private sector for the purpose of strengthening United States
manufacturing.
`(2) ALLOCATION OF FUNDS-
`(A) FUNDS ACCEPTED FROM OTHER FEDERAL DEPARTMENTS
OR AGENCIES- The Director shall determine whether funds accepted from
other Federal departments or agencies shall be counted in the
calculation of the Federal share of capital and annual operating and
maintenance costs under subsection (c).
`(B) FUNDS ACCEPTED FROM THE PRIVATE SECTOR- Funds
accepted from the private sector under section 2(c)(7), if allocated to
a Center, shall not be considered in the calculation of the Federal
share under subsection (c) of this section.'.
(d) MEP Advisory Board- Such section 25 is further amended by adding at the end the following:
`(1) ESTABLISHMENT- There is established within the
Institute a Manufacturing Extension Partnership Advisory Board (in this
subsection referred to as the `MEP Advisory Board').
`(A) IN GENERAL- The MEP Advisory Board shall
consist of 10 members broadly representative of stakeholders, to be
appointed by the Director. At least 2 members shall be employed by or
on an advisory board for the Centers, and at least 5 other members
shall be from United States small businesses in the manufacturing
sector. No member shall be an employee of the Federal Government.
`(B) TERM- Except as provided in subparagraph (C)
or (D), the term of office of each member of the MEP Advisory Board
shall be 3 years.
`(C) CLASSES- The original members of the MEP
Advisory Board shall be appointed to 3 classes. One class of 3 members
shall have an initial term of 1 year, one class of 3 members shall have
an initial term of 2 years, and one class of 4 members shall have an
initial term of 3 years.
`(D) VACANCIES- Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such
term.
`(E) SERVING CONSECUTIVE TERMS- Any person who has
completed two consecutive full terms of service on the MEP Advisory
Board shall thereafter be ineligible for appointment during the
one-year period following the expiration of the second such term.
`(3) MEETINGS- The MEP Advisory Board shall meet not less than 2 times annually, and provide to the Director--
`(A) advice on Manufacturing Extension Partnership programs, plans, and policies;
`(B) assessments of the soundness of Manufacturing Extension Partnership plans and strategies; and
`(C) assessments of current performance against Manufacturing Extension Partnership program plans.
`(4) FEDERAL ADVISORY COMMITTEE ACT- In discharging its
duties under this subsection, the MEP Advisory Board shall function
solely in an advisory capacity, in accordance with the Federal Advisory
Committee Act.
`(5) REPORT- The MEP Advisory Board shall transmit an
annual report to the Secretary for transmittal to Congress within 30
days after the submission to Congress of the President's annual budget
request in each year. Such report shall address the status of the
program established pursuant to this section and comment on the
relevant sections of the programmatic planning document and updates
thereto transmitted to Congress by the Director under subsections (c)
and (d) of section 23.'.
(e) Manufacturing Extension Center Competitive Grant
Program- Such section 25 is further amended by adding at the end the
following:
`(f) Competitive Grant Program-
`(1) ESTABLISHMENT- The Director shall establish,
within the Centers program under this section and section 26 of this
Act, a program of competitive awards among participants described in
paragraph (2) for the purposes described in paragraph (3).
`(2) PARTICIPANTS- Participants receiving awards under this subsection shall be the Centers, or a consortium of such Centers.
`(3) PURPOSE- The purpose of the program under this
subsection is to develop projects to solve new or emerging
manufacturing problems as determined by the Director, in consultation
with the Director of the Centers program, the Manufacturing Extension
Partnership Advisory Board, and small and medium-sized manufacturers.
One or more themes for the competition may be identified, which may
vary from year to year, depending on the needs of manufacturers and the
success of previous competitions. These themes shall be related to
projects associated with manufacturing extension activities, including
supply chain integration and quality management, and including the
transfer of technology based on the technological needs of
manufacturers and available technologies from institutions of higher
education, laboratories, and other technology producing entities, or
extend beyond these traditional areas.
`(4) APPLICATIONS- Applications for awards under this
subsection shall be submitted in such manner, at such time, and
containing such information as the Director shall require, in
consultation with the Manufacturing Extension Partnership Advisory
Board.
`(5) SELECTION- Awards under this subsection shall be
peer reviewed and competitively awarded. The Director shall select
proposals to receive awards--
`(A) that utilize innovative or collaborative approaches to solving the problem described in the competition;
`(B) that will improve the competitiveness of industries in the region in which the Center or Centers are located; and
`(C) that will contribute to the long-term economic stability of that region.
`(6) PROGRAM CONTRIBUTION- Recipients of awards under
this subsection shall not be required to provide a matching
contribution.'.
SEC. 3004. INSTITUTE-WIDE PLANNING REPORT.
Section 23 of the National Institute of Standards and
Technology Act (15 U.S.C. 278i) is amended by adding at the end the
following:
`(c) Three-Year Programmatic Planning Document- Concurrent
with the submission to Congress of the President's annual budget
request in the first year after the date of enactment of this
subsection, the Director shall submit to Congress a 3-year programmatic
planning document for the Institute, including programs under the
Scientific and Technical Research and Services, Industrial Technology
Services, and Construction of Research Facilities functions.
`(d) Annual Update on Three-Year Programmatic Planning
Document- Concurrent with the submission to the Congress of the
President's annual budget request in each year after the date of
enactment of this subsection, the Director shall submit to Congress an
update to the 3-year programmatic planning document submitted under
subsection (c), revised to cover the first 3 fiscal years after the
date of that update.'.
SEC. 3005. REPORT BY VISITING COMMITTEE.
Section 10(h)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278(h)(1)) is amended--
(1) by striking `on or before January 31 in each year'
and inserting `not later than 30 days after the submittal to Congress
of the President's annual budget request in each year'; and
(2) by adding to the end the following: `Such report
also shall comment on the programmatic planning document and updates
thereto submitted to Congress by the Director under subsections (c) and
(d) of section 23.'.
SEC. 3006. MEETINGS OF VISITING COMMITTEE ON ADVANCED TECHNOLOGY.
Section 10(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278(d)) is amended by striking `quarterly'
and inserting `twice each year'.
SEC. 3007. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.
The National Institute of Standards and Technology Act is amended--
(1) by redesignating the first section 32 (15 U.S.C. 271 note) as section 34 and moving it to the end of the Act; and
(2) by inserting before the section moved by paragraph (1) the following new section:
`SEC. 33. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.
`(1) ESTABLISHMENT- The Director shall establish a
pilot program of awards to partnerships among participants described in
paragraph (2) for the purposes described in paragraph (3). Awards shall
be made on a peer-reviewed, competitive basis.
`(2) PARTICIPANTS- Such partnerships shall include at least--
`(A) 1 manufacturing industry partner; and
`(B) 1 nonindustry partner.
`(3) PURPOSE- The purpose of the program under this
section is to foster cost-shared collaborations among firms,
educational institutions, research institutions, State agencies, and
nonprofit organizations to encourage the development of innovative,
multidisciplinary manufacturing technologies. Partnerships receiving
awards under this section shall conduct applied research to develop new
manufacturing processes, techniques, or materials that would contribute
to improved performance, productivity, and competitiveness of United
States manufacturing, and build lasting alliances among collaborators.
`(b) Program Contribution- Awards under this section shall
provide for not more than one-third of the costs of a partnership. Not
more than an additional one-third of such costs may be obtained
directly or indirectly from other Federal sources.
`(c) Applications- Applications for awards under this
section shall be submitted in such manner, at such time, and containing
such information as the Director shall require. Such applications shall
describe at a minimum--
`(1) how each partner will participate in developing and carrying out the research agenda of the partnership;
`(2) the research that the grant would fund; and
`(3) how the research to be funded with the award would
contribute to improved performance, productivity, and competitiveness
of the United States manufacturing industry.
`(d) Selection Criteria- In selecting applications for awards under this section, the Director shall consider at a minimum--
`(1) the degree to which projects will have a broad impact on manufacturing;
`(2) the novelty and scientific and technical merit of the proposed projects; and
`(3) the demonstrated capabilities of the applicants to successfully carry out the proposed research.
`(e) Distribution- In selecting applications under this
section the Director shall ensure, to the extent practicable, a
distribution of overall awards among a variety of manufacturing
industry sectors and a range of firm sizes.
`(f) Duration- In carrying out this section, the Director
shall run a single pilot competition to solicit and make awards. Each
award shall be for a 3-year period.'.
SEC. 3008. MANUFACTURING FELLOWSHIP PROGRAM.
Section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-1) is amended--
(1) by inserting `(a) In General- ' before `The Director is authorized'; and
(2) by adding at the end the following new subsection:
`(b) Manufacturing Fellowship Program-
`(1) ESTABLISHMENT- To promote the development of a
robust research community working at the leading edge of manufacturing
sciences, the Director shall establish a program to award--
`(A) postdoctoral research fellowships at the Institute for research activities related to manufacturing sciences; and
`(B) senior research fellowships to established
researchers in industry or at institutions of higher education who wish
to pursue studies related to the manufacturing sciences at the
Institute.
`(2) APPLICATIONS- To be eligible for an award under
this subsection, an individual shall submit an application to the
Director at such time, in such manner, and containing such information
as the Director may require.
`(3) STIPEND LEVELS- Under this subsection, the
Director shall provide stipends for postdoctoral research fellowships
at a level consistent with the National Institute of Standards and
Technology Postdoctoral Research Fellowship Program, and senior
research fellowships at levels consistent with support for a faculty
member in a sabbatical position.'.
SEC. 3009. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.
(a) In General- The Director of the National Institute of
Standards and Technology may procure the temporary or intermittent
services of experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5, United States Code, to
assist with urgent or short-term research projects.
(b) Extent of Authority- A procurement under this section
may not exceed 1 year in duration, and the Director shall procure no
more than 200 experts and consultants per year.
(c) Sunset- This section shall cease to be effective after September 30, 2010.
(d) Report to Congress- Not later than 2 years after the
date of the enactment of this Act, the Comptroller General shall submit
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on whether additional safeguards
would be needed with respect to the use of authorities granted under
this section if such authorities were to be made permanent.
SEC. 3010. MALCOLM BALDRIGE AWARDS.
Section 17(c)(3) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3711a(c)(3)) is amended to read as
follows:
`(3) In any year, not more than 18 awards may be made under
this section to recipients who have not previously received an award
under this section, and no award shall be made within any category
described in paragraph (1) if there are no qualifying enterprises in
that category.'.
SEC. 3011. REPORT ON NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY EFFORTS TO RECRUIT AND RETAIN EARLY CAREER SCIENCE AND
ENGINEERING RESEARCHERS.
Not later than 3 months after the date of the enactment of
this Act, the Director of the National Institute of Standards and
Technology shall submit to the Committee on Science and Technology of
the House of Representatives and to the Committee on Commerce, Science,
and Transportation of the Senate a report on efforts to recruit and
retain young scientists and engineers at the early stages of their
careers at the National Institute of Standards and Technology
laboratories and joint institutes. The report shall include--
(1) a description of National Institute of Standards
and Technology policies and procedures, including financial incentives,
awards, promotions, time set aside for independent research, access to
equipment or facilities, and other forms of recognition, designed to
attract and retain young scientists and engineers;
(2) an evaluation of the impact of these incentives on
the careers of young scientists and engineers at the National Institute
of Standards and Technology, and also on the quality of the research at
the National Institute of Standards and Technology's laboratories and
in the National Institute of Standards and Technology's programs;
(3) a description of what barriers, if any, exist to
efforts to recruit and retain young scientists and engineers, including
limited availability of full time equivalent positions, legal and
procedural requirements, and pay grading systems; and
(4) the amount of funding devoted to efforts to recruit and retain young researchers and the source of such funds.
SEC. 3012. TECHNOLOGY INNOVATION PROGRAM.
(a) Repeal of Advanced Technology Program- Section 28 of
the National Institute of Standards and Technology Act (15 U.S.C. 278n)
is repealed.
(b) Establishment of Technology Innovation Program- The
National Institute of Standards and Technology Act (15 U.S.C. 271 et
seq.) is amended by inserting after section 27 the following:
`SEC. 28. TECHNOLOGY INNOVATION PROGRAM.
`(a) Establishment- There is established within the
Institute a program linked to the purpose and functions of the
Institute, to be known as the `Technology Innovation Program' for the
purpose of assisting United States businesses and institutions of
higher education or other organizations, such as national laboratories
and nonprofit research institutions, to support, promote, and
accelerate innovation in the United States through high-risk,
high-reward research in areas of critical national need.
`(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
`(2) SINGLE COMPANY AWARDS- No award given to a single company shall exceed $3,000,000 over 3 years.
`(3) JOINT VENTURE AWARDS- No award given to a joint venture shall exceed $9,000,000 over 5 years.
`(4) FEDERAL COST SHARE- The Federal share of a project
funded by an award under the program shall not be more than 50 percent
of total project costs.
`(5) PROHIBITIONS- Federal funds awarded under this
program may be used only for direct costs and not for indirect costs,
profits, or management fees of a contractor. Any business that is not a
small-sized or medium-sized business may not receive any funding under
this program.
`(c) Award Criteria- The Director shall only provide assistance under this section to an entity--
`(1) whose proposal has scientific and technical merit
and may result in intellectual property vesting in a United States
entity that can commercialize the technology in a timely manner;
`(2) whose application establishes that the proposed
technology has strong potential to address critical national needs
through transforming the Nation's capacity to deal with major societal
challenges that are not currently being addressed, and generate
substantial benefits to the Nation that extend significantly beyond the
direct return to the applicant;
`(3) whose application establishes that the research
has strong potential for advancing the state-of-the-art and
contributing significantly to the United States science and technology
knowledge base;
`(4) whose proposal explains why Technology Innovation
Program support is necessary, including evidence that the research will
not be conducted within a reasonable time period in the absence of
financial assistance under this section;
`(5) whose application demonstrates that reasonable
efforts have been made to secure funding from alternative funding
sources and no other alternative funding sources are reasonably
available to support the proposal; and
`(6) whose application explains the novelty of the
technology and demonstrates that other entities have not already
developed, commercialized, marketed, distributed, or sold similar
technologies.
`(d) Competitions- The Director shall solicit proposals at
least annually to address areas of critical national need for
high-risk, high-reward projects.
`(e) Intellectual Property Rights Ownership-
`(1) IN GENERAL- Title to any intellectual property
developed by a joint venture from assistance provided under this
section may vest in any participant in the joint venture, as agreed by
the members of the joint venture, notwithstanding section 202 (a) and
(b) of title 35, United States Code. The United States may reserve a
nonexclusive, nontransferable, irrevocable paid-up license, to have
practice for or on behalf of the United States in connection with any
such intellectual property, but shall not in the exercise of such
license publicly disclose proprietary information related to the
license. Title to any such intellectual property shall not be
transferred or passed, except to a participant in the joint venture,
until the expiration of the first patent obtained in connection with
such intellectual property.
`(2) LICENSING- Nothing in this subsection shall be
construed to prohibit the licensing to any company of intellectual
property rights arising from assistance provided under this section.
`(3) DEFINITION- For purposes of this subsection, the
term `intellectual property' means an invention patentable under title
35, United States Code, or any patent on such an invention, or any work
for which copyright protection is available under title 17, United
States Code.
`(f) Program Operation- Not later than 9 months after the
date of the enactment of this section, the Director shall promulgate
regulations--
`(1) establishing criteria for the selection of recipients of assistance under this section;
`(2) establishing procedures regarding financial
reporting and auditing to ensure that awards are used for the purposes
specified in this section, are in accordance with sound accounting
practices, and are not funding existing or planned research programs
that would be conducted within a reasonable time period in the absence
of financial assistance under this section; and
`(3) providing for appropriate dissemination of Technology Innovation Program research results.
`(g) Annual Report- The Director shall submit annually to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science and Technology of the House of
Representatives a report describing the Technology Innovation Program's
activities, including a description of the metrics upon which award
funding decisions were made in the previous fiscal year, any proposed
changes to those metrics, metrics for evaluating the success of ongoing
and completed awards, and an evaluation of ongoing and completed
awards. The first annual report shall include best practices for
management of programs to stimulate high-risk, high-reward research.
`(h) Continuation of ATP Grants- The Director shall,
through the Technology Innovation Program, continue to provide support
originally awarded under the Advanced Technology Program, in accordance
with the terms of the original award and consistent with the goals of
the Technology Innovation Program.
`(i) Coordination With Other State and Federal Technology
Programs- In carrying out this section, the Director shall, as
appropriate, coordinate with other senior State and Federal officials
to ensure cooperation and coordination in State and Federal technology
programs and to avoid unnecessary duplication of efforts.
`(j) Acceptance of Funds From Other Federal Agencies- In
addition to amounts appropriated to carry out this section, the
Secretary and the Director may accept funds from other Federal agencies
to support awards under the Technology Innovation Program. Any award
under this section which is supported with funds from other Federal
agencies shall be selected and carried out according to the provisions
of this section. Funds accepted from other Federal agencies shall be
included as part of the Federal cost share of any project funded under
this section.
`(1) ESTABLISHMENT- There is established within the Institute a TIP Advisory Board.
`(A) IN GENERAL- The TIP Advisory Board shall
consist of 10 members appointed by the Director, at least 7 of whom
shall be from United States industry, chosen to reflect the wide
diversity of technical disciplines and industrial sectors represented
in Technology Innovation Program projects. No member shall be an
employee of the Federal Government.
`(B) TERM- Except as provided in subparagraph (C)
or (D), the term of office of each member of the TIP Advisory Board
shall be 3 years.
`(C) CLASSES- The original members of the TIP
Advisory Board shall be appointed to 3 classes. One class of 3 members
shall have an initial term of 1 year, one class of 3 members shall have
an initial term of 2 years, and one class of 4 members shall have an
initial term of 3 years.
`(D) VACANCIES- Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such
term.
`(E) SERVING CONSECUTIVE TERMS- Any person who has
completed 2 consecutive full terms of service on the TIP Advisory Board
shall thereafter be ineligible for appointment during the 1-year period
following the expiration of the second such term.
`(3) PURPOSE- The TIP Advisory Board shall meet not less than 2 times annually, and provide the Director--
`(A) advice on programs, plans, and policies of the Technology Innovation Program;
`(B) reviews of the Technology Innovation Program's
efforts to accelerate the research and development of challenging,
high-risk, high-reward technologies in areas of critical national need;
`(C) reports on the general health of the program and its effectiveness in achieving its legislatively mandated mission; and
`(D) guidance on investment areas that are appropriate for Technology Innovation Program funding;
`(4) ADVISORY CAPACITY- In discharging its duties under
this subsection, the TIP Advisory Board shall function solely in an
advisory capacity, in accordance with the Federal Advisory Committee
Act.
`(5) ANNUAL REPORT- The TIP Advisory Board shall
transmit an annual report to the Secretary for transmittal to the
Congress not later than 30 days after the submission to Congress of the
President's annual budget request in each year. Such report shall
address the status of the Technology Innovation Program and comment on
the relevant sections of the programmatic planning document and updates
thereto transmitted to Congress by the Director under subsections (c)
and (d) of section 23.
`(l) Definitions- In this section--
`(1) the term `eligible company' means a small-sized or
medium-sized business that is incorporated in the United States and
does a majority of its business in the United States, and that either--
`(A) is majority owned by citizens of the United States; or
`(B) is owned by a parent company incorporated in another country and the Director finds that--
`(i) the company's participation in the
Technology Innovation Program would be in the economic interest of the
United States, as evidenced by--
`(I) investments in the United States in research and manufacturing;
`(II) significant contributions to employment in the United States; and
`(III) agreement with respect to any
technology arising from assistance provided under this section to
promote the manufacture within the United States of products resulting
from that technology; and
`(ii) the company is incorporated in a country which--
`(I) affords to United States-owned
companies opportunities, comparable to those afforded to any other
company, to participate in any joint venture similar to those receiving
funding under this section;
`(II) affords to United States-owned
companies local investment opportunities comparable to those afforded
any other company; and
`(III) affords adequate and effective protection for intellectual property rights of United 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 disciplines to fare well in the traditional peer-review process;
`(3) the term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001);
`(4) the term `joint venture' means a joint venture that--
`(i) at least 2 separately owned for-profit
companies that are both substantially involved in the project and both
of which are contributing to the cost-sharing required under this
section, with the lead entity of the joint venture being one of those
companies that is a small-sized or medium-sized business; or
`(ii) at least 1 small-sized or medium-sized
business and 1 institution of higher education or other organization,
such as a national laboratory or nonprofit research institute, that are
both substantially involved in the project and both of which are
contributing to the cost-sharing required under this section, with the
lead entity of the joint venture being either that small-sized or
medium-sized business or that institution of higher education; and
`(B) may include additional for-profit companies,
institutions of higher education, and other organizations, such as
national laboratories and nonprofit research institutes, that may or
may not contribute non-Federal funds to the project; and
`(5) the term `TIP Advisory Board' means the advisory board established under subsection (k).'.
(c) Transition- Notwithstanding the repeal made by
subsection (a), the Director shall carry out section 28 of the National
Institute of Standards and Technology Act (15 U.S.C. 278n) as such
section was in effect on the day before the date of the enactment of
this Act, with respect to applications for grants under such section
submitted before such date, until the earlier of--
(1) the date that the Director promulgates the
regulations required under section 28(f) of the National Institute of
Standards and Technology Act, as added by subsection (b); or
SEC. 3013. TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT AND OTHER TECHNICAL AMENDMENTS.
(a) Research Fellowships- Section 18 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-l) is amended
by striking `up to 1 per centum of the' and inserting `up to 1.5
percent of the'.
(b) Financial Agreements Clarification- Section 2(b)(4) of
the National Institute of Standards and Technology Act (15 U.S.C.
272(b)(4)) is amended by inserting `and grants and cooperative
agreements,' after `arrangements,'.
(c) Outdated Specifications-
(1) REDEFINITION OF THE METRIC SYSTEM- Section 3570 of
the Revised Statutes of the United States (derived from section 2 of
the Act of July 28, 1866, entitled `An Act to authorize the Use of the
Metric System of Weights and Measures' (15 U.S.C. 205; 14 Stat. 339))
is amended to read as follows:
`SEC. 3570. METRIC SYSTEM DEFINED.
`The metric system of measurement shall be defined as the
International System of Units as established in 1960, and subsequently
maintained, by the General Conference of Weights and Measures, and as
interpreted or modified for the United States by the Secretary of
Commerce.'.
(2) REPEAL OF REDUNDANT AND OBSOLETE AUTHORITY- The Act
of July 21, 1950, entitled, `An Act To redefine the units and establish
the standards of electrical and photometric measurements.' (15 U.S.C.
223 and 224) is hereby repealed.
(3) STANDARD TIME- Section 1 of the Act of March 19, 1918, (commonly known as the `Calder Act') (15 U.S.C. 261) is amended--
(A) by inserting `(a) In General- ' before `For the purpose';
(B) by striking the second sentence and the extra
period after it and inserting `Except as provided in section 3(a) of
the Uniform Time Act of 1966 (15 U.S.C. 260a), the standard time of the
first zone shall be Coordinated Universal Time retarded by 4 hours;
that of the second zone retarded by 5 hours; that of the third zone
retarded by 6 hours; that of the fourth zone retarded by 7 hours; that
of the fifth zone retarded 8 hours; that of the sixth zone retarded by
9 hours; that of the seventh zone retarded by 10 hours; that of the
eighth zone retarded by 11 hours; and that of the ninth zone shall be
Coordinated Universal Time advanced by 10 hours.'; and
(C) by adding at the end the following:
`(b) Coordinated Universal Time Defined- In this section,
the term `Coordinated Universal Time' means the time scale maintained
through the General Conference of Weights and Measures and interpreted
or modified for the United States by the Secretary of Commerce in
coordination with the Secretary of the Navy.'.
(4) IDAHO TIME ZONE- Section 3 of the Act of March 19,
1918, (commonly known as the `Calder Act') (15 U.S.C. 264) is amended
by striking `third zone' and inserting `fourth zone'.
(d) Non-Energy Inventions Program- Section 27 of the
National Institute of Standards and Technology Act (15 U.S.C. 278m) is
repealed.
SEC. 3014. RETENTION OF DEPRECIATION SURCHARGE.
Section 14 of the National Institute of Standards and Technology Act (15 U.S.C. 278d) is amended--
(1) by inserting `(a) In General- ' before `Within'; and
(2) by adding at the end the following:
`(b) Retention of Fees- The Director is authorized to
retain all building use and depreciation surcharge fees collected
pursuant to OMB Circular A-25. Such fees shall be collected and
credited to the Construction of Research Facilities Appropriation
Account for use in maintenance and repair of the Institute's existing
facilities.'.
SEC. 3015. POST-DOCTORAL FELLOWS.
Section 19 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-2) is amended by striking `nor more than
60 new fellows' and inserting `nor more than 120 new fellows'.
TITLE IV--OCEAN AND ATMOSPHERIC PROGRAMS
SEC. 4001. OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT PROGRAM.
The Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Director of the National
Science Foundation and the Administrator of the National Aeronautics
and Space Administration, shall establish a coordinated program of
ocean, coastal, Great Lakes, and atmospheric research and development,
in collaboration with academic institutions and other nongovernmental
entities, that shall focus on the development of advanced technologies
and analytical methods that will promote United States leadership in
ocean and atmospheric science and competitiveness in the applied uses
of such knowledge.
SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.
(a) In General- The Administrator of the National Oceanic
and Atmospheric Administration shall conduct, develop, support,
promote, and coordinate formal and informal educational activities at
all levels to enhance public awareness and understanding of ocean,
coastal, Great Lakes, and atmospheric science and stewardship by the
general public and other coastal stakeholders, including
underrepresented groups in ocean and atmospheric science and policy
careers. In conducting those activities, the Administrator shall build
upon the educational programs and activities of the agency.
(b) NOAA Science Education Plan- The Administrator,
appropriate National Oceanic and Atmospheric Administration programs,
ocean atmospheric science and education experts, and interested members
of the public shall develop a science education plan setting forth
education goals and strategies for the Administration, as well as
programmatic actions to carry out such goals and priorities over the
next 20 years, and evaluate and update such plan every 5 years.
(c) Construction- Nothing in this section may be construed
to affect the application of section 438 of the General Education
Provisions Act (20 U.S.C. 1232a) or sections 504 and 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794 and 794d).
SEC. 4003. NOAA'S CONTRIBUTION TO INNOVATION.
(a) Participation in Interagency Activities- The National
Oceanic and Atmospheric Administration shall be a full participant in
any interagency effort to promote innovation and economic
competitiveness through near-term and long-term basic scientific
research and development and the promotion of science, technology,
engineering, and mathematics education, consistent with the agency
mission, including authorized activities.
(b) Historic Foundation- In order to carry out the
participation described in subsection (a), the Administrator of the
National Oceanic and Atmospheric Administration shall build on the
historic role of the National Oceanic and Atmospheric Administration in
stimulating excellence in the advancement of ocean and atmospheric
science and engineering disciplines and in providing opportunities and
incentives for the pursuit of academic studies in science, technology,
engineering, and mathematics.
TITLE V--DEPARTMENT OF ENERGY
SEC. 5001. SHORT TITLE.
This title may be cited as the `Protecting America's Competitive Edge Through Energy Act' or the `PACE-Energy Act'.
SEC. 5002. DEFINITIONS.
(1) DEPARTMENT- The term `Department' means the Department of Energy.
(2) INSTITUTION OF HIGHER EDUCATION- The term
`institution of higher education' has the meaning given the term in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(3) NATIONAL LABORATORY- The term `National Laboratory'
has the meaning given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
(4) SECRETARY- The term `Secretary' means the Secretary of Energy.
SEC. 5003. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION AT THE DEPARTMENT OF ENERGY.
(a) Science Education Programs- Section 3164 of the
Department of Energy Science Education Enhancement Act (42 U.S.C.
7381a) is amended--
(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (f), respectively;
(2) by inserting after subsection (a) the following:
`(b) Organization of Science, Engineering, and Mathematics Education Programs-
`(1) DIRECTOR OF SCIENCE, ENGINEERING, AND MATHEMATICS
EDUCATION- Notwithstanding any other provision of law, the Secretary,
acting through the Under Secretary for Science (referred to in this
subsection as the `Under Secretary'), shall appoint a Director of
Science, Engineering, and Mathematics Education (referred to in this
subsection as the `Director') with the principal responsibility for
administering science, engineering, and mathematics education programs
across all functions of the Department.
`(2) QUALIFICATIONS- The Director shall be an
individual, who by reason of professional background and experience, is
specially qualified to advise the Under Secretary on all matters
pertaining to science, engineering, and mathematics education at the
Department.
`(3) DUTIES- The Director shall--
`(A) oversee all science, engineering, and mathematics education programs of the Department;
`(B) represent the Department as the principal
interagency liaison for all science, engineering, and mathematics
education programs, unless otherwise represented by the Secretary or
the Under Secretary;
`(C) prepare the annual budget and advise the Under
Secretary on all budgetary issues for science, engineering, and
mathematics education programs of the Department;
`(D) increase, to the maximum extent practicable,
the participation and advancement of women and underrepresented
minorities at every level of science, technology, engineering, and
mathematics education; and
`(E) perform other such matters relating to
science, engineering, and mathematics education as are required by the
Secretary or the Under Secretary.
`(4) STAFF AND OTHER RESOURCES- The Secretary shall
assign to the Director such personnel and other resources as the
Secretary considers necessary to permit the Director to carry out the
duties of the Director.
`(A) IN GENERAL- The Secretary shall offer to enter
into a contract with the National Academy of Sciences under which the
National Academy, not later than 5 years after, and not later than 10
years after, the date of enactment of this paragraph, shall assess the
performance of the science, engineering, and mathematics education
programs of the Department.
`(B) CONSIDERATIONS- An assessment under this
paragraph shall be conducted taking into consideration, where
applicable, the effect of science, engineering, and mathematics
education programs of the Department on student academic achievement in
science and mathematics.
`(6) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated such sums as are necessary to carry out
this subsection.'; and
(3) by striking subsection (d) (as redesignated by paragraph (1)) and inserting the following:
`(d) Science, Engineering, and Mathematics Education Fund-
The Secretary shall establish a Science, Engineering, and Mathematics
Education Fund, using not less than 0.3 percent of the amount made
available to the Department for research, development, demonstration,
and commercial application for each fiscal year, to carry out sections
3165, 3166, and 3167.
`(e) Annual Plan for Allocation of Education Funding- The
Secretary shall submit to Congress as part of the annual budget
submission for a fiscal year a report describing the manner in which
the Department has complied with subsection (d) for the prior fiscal
year and the manner in which the Department proposes to comply with
subsection (d) during the following fiscal year, including--
`(1) the total amount of funding for research,
development, demonstration, and commercial application activities for
the corresponding fiscal year;
`(2) the amounts set aside for the Science,
Engineering, and Mathematics Education Fund under subsection (d) from
funding for research activities, development activities, demonstration
activities, and commercial application activities for the corresponding
fiscal year; and
`(3) a description of how the funds set aside under
subsection (d) were allocated for the prior fiscal year and will be
allocated for the following fiscal year.'.
(b) Consultation- The Secretary shall--
(1) consult with the Secretary of Education and the
Director of the National Science Foundation regarding activities
authorized under subpart B of the Department of Energy Science
Education Enhancement Act (as added by subsection (d)(3)) to improve
science and mathematics education; and
(2) otherwise make available to the Secretary of Education reports associated with programs authorized under that section.
(c) Definition- Section 3168 of the Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381d) is amended by
adding at the end the following:
`(5) NATIONAL LABORATORY- The term `National
Laboratory' has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).'.
(d) Science, Engineering, and Mathematics Education
Programs- The Department of Energy Science Education Enhancement Act
(42 U.S.C. 7381 et seq.) is amended--
(1) by inserting after section 3162 (42 U.S.C. 7381) the following:
`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.
`(1) DIRECTOR- The term `Director' means the Director of Science, Engineering, and Mathematics Education.
`(2) NATIONAL LABORATORY- The term `National
Laboratory' has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
`CHAPTER 1--PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR SCIENCE AND MATHEMATICS
`SEC. 3171. PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR SCIENCE AND MATHEMATICS.
`(a) Purpose- The purpose of this section is to establish a
pilot program of grants to States to help establish or expand public,
statewide specialty secondary schools that provide comprehensive
science and mathematics (including technology and engineering)
education to improve the academic achievement of students in science
and mathematics.
`(b) Definition of Specialty School for Science and
Mathematics- In this chapter, the term `specialty school for science
and mathematics' means a public secondary school (including a school
that provides residential services to students) that--
`(1) serves students residing in the State in which the school is located; and
`(2) offers to those students a high-quality,
comprehensive science and mathematics (including technology and
engineering) curriculum designed to improve the academic achievement of
students in science and mathematics.
`(c) Pilot Program Authorized-
`(1) IN GENERAL- From the amounts authorized under
subsection (i), the Secretary, acting through the Director and in
consultation with the Director of the National Science Foundation,
shall award grants, on a competitive basis, to States in order to
provide assistance to the States for the costs of establishing or
expanding public, statewide specialty schools for science and
mathematics.
`(2) RESOURCES- The Director shall ensure that
appropriate resources of the Department, including the National
Laboratories, are available to schools funded under this section in
order to--
`(A) increase experiential, hands-on learning
opportunities in science, technology, engineering, and mathematics for
students attending such schools; and
`(B) provide ongoing professional development opportunities for teachers employed at such schools.
`(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.
`(A) MAXIMUM NUMBER OF FUNDED SPECIALTY SCHOOLS PER
STATE- No State shall receive funding for more than 1 specialty school
for science and mathematics for a fiscal year.
`(B) MAXIMUM AMOUNT AND DURATION OF GRANTS- A grant
awarded to a State for a specialty school for science and mathematics
under this section--
`(i) shall not exceed $2,000,000 for a fiscal year; and
`(ii) shall not be provided for more than 3 fiscal years.
`(d) Federal and Non-Federal Shares-
`(1) FEDERAL SHARE- The Federal share of the costs described in subsection (c)(1) shall not exceed 33 percent.
`(2) NON-FEDERAL SHARE- The non-Federal share of the costs described in subsection (c)(1) shall be--
`(A) not less than 67 percent; and
`(B) provided from non-Federal sources, in cash or in kind, fairly evaluated, including services.
`(e) Application- To be eligible to receive a grant under
this section, a State shall submit to the Director an application at
such time, in such manner, and containing such information as the
Director may require that describes--
`(1) the process by which and selection criteria with
which the State will select and designate a school as a specialty
school for science and mathematics in accordance with this section;
`(2) how the State will ensure that funds made
available under this section are used to establish or expand a
specialty school for science and mathematics--
`(A) in accordance with the activities described in subsection (g); and
`(B) that has the capacity to improve the academic
achievement of all students in all core academic subjects, and
particularly in science and mathematics;
`(3) how the State will measure the extent to which the
school increases student academic achievement on State academic
achievement standards in science, mathematics, and, to the maximum
extent applicable, technology and engineering;
`(4) the curricula and materials to be used in the school;
`(5) the availability of funds from non-Federal sources for the costs of the activities authorized under this section; and
`(6) how the State will use technical assistance and
support from the Department, including the National Laboratories, and
other entities with experience and expertise in science, technology,
engineering, and mathematics education, including institutions of
higher education.
`(f) Distribution- In awarding grants under this section, the Director shall--
`(1) ensure a wide, equitable distribution among States that propose to serve students from urban and rural areas; and
`(2) provide equal consideration to States without National Laboratories.
`(1) REQUIREMENT- A State that receives a grant under this section shall use the funds made available through the grant to--
`(A) employ proven strategies and methods for
improving student learning and teaching in science, technology,
engineering, and mathematics;
`(B) integrate into the curriculum of the school
comprehensive science and mathematics education, including instruction
and assessments in science, mathematics, and to the extent applicable,
technology and engineering that are aligned with the academic content
and student academic achievement standards of the State, within the
meaning of section 1111 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311);
`(C) create opportunities for enhanced and ongoing
professional development for teachers that improves the science,
technology, engineering, and mathematics content knowledge of the
teachers; and
`(D) design and implement hands-on laboratory
experiences to help prepare students to pursue postsecondary studies in
science, technology, engineering, and mathematics fields.
`(2) SPECIAL RULE- Grant funds under this section may
be used for activities described in paragraph (1) only if the
activities are directly relating to improving student academic
achievement in science, mathematics, and to the extent applicable,
technology and engineering.
`(h) Evaluation and Report-
`(1) STATE EVALUATION AND REPORT-
`(A) EVALUATION- Each State that receives a grant
under this section shall develop and carry out an evaluation and
accountability plan for the activities funded through the grant that
measures the impact of the activities, including measurable objectives
for improved student academic achievement on State science,
mathematics, and, to the maximum extent applicable, technology and
engineering assessments.
`(B) REPORT- The State shall submit to the Director a report containing the results of the evaluation and accountability plan.
`(2) REPORT TO CONGRESS- Not later than 2 years after
the date of enactment of the PACE-Energy Act, the Director shall submit
a report detailing the impact of the activities assisted with funds
made available under this section to--
`(A) the Committee on Science and Technology of the House of Representatives;
`(B) the Committee on Energy and Natural Resources of the Senate; and
`(C) the Committee on Health, Education, Labor, and Pensions of the Senate.
`(i) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--
`(1) $14,000,000 for fiscal year 2008;
`(2) $22,500,000 for fiscal year 2009; and
`(3) $30,000,000 for fiscal year 2010.
`CHAPTER 2--EXPERIENTIAL-BASED LEARNING OPPORTUNITIES
`SEC. 3175. EXPERIENTIAL-BASED LEARNING OPPORTUNITIES.
`(a) Internships Authorized-
`(1) IN GENERAL- From the amounts authorized under
subsection (f), the Secretary, acting through the Director, shall
establish a summer internship program for middle school and secondary
school students that shall--
`(A) provide the students with internships at the National Laboratories;
`(B) promote experiential, hands-on learning in science, technology, engineering, or mathematics; and
`(C) be of at least 2 weeks in duration.
`(2) RESIDENTIAL SERVICES- The Director may provide
residential services to students participating in the internship
program authorized under paragraph (1).
`(1) IN GENERAL- The Director shall establish criteria
to determine the sufficient level of academic preparedness necessary
for a student to be eligible for an internship under this section.
`(2) PARTICIPATION- The Director shall ensure the
participation of students from a wide distribution of States, including
States without National Laboratories.
`(3) STUDENT ACHIEVEMENT- The Director may consider the
academic achievement of middle and secondary school students in
determining eligibility under this section, in accordance with
paragraphs (1) and (2).
`(1) IN GENERAL- The Director shall give priority for
an internship under this section to a student who meets the eligibility
criteria described in subsection (b) and who attends a school--
`(A)(i) in which not less than 30 percent of the children enrolled in the school are from low-income families; or
`(ii) that is designated with a school locale code of 41, 42, or 43, as determined by the Secretary of Education; and
`(B) for which there is--
`(i) a high percentage of teachers who are not
teaching in the academic subject areas or grade levels in which the
teachers were trained to teach;
`(ii) a high teacher turnover rate; or
`(iii) a high percentage of teachers with emergency, provisional, or temporary certification or licenses.
`(2) COORDINATION- The Director shall consult with the
Secretary of Education in order to determine whether a student meets
the priority requirements of this subsection.
`(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 outreach and
experiential-based learning projects, shall establish outreach and
experiential-based learning programs that will encourage
underrepresented minority students in kindergarten through grade 12 to
pursue careers in science, engineering, and mathematics.
`(2) COMMUNITY INVOLVEMENT- The Secretary shall ensure
that the programs established under paragraph (1) involve, to the
maximum extent practicable--
`(A) participation by parents and educators; and
`(B) the establishment of partnerships with business organizations and appropriate Federal, State, and local agencies.
`(3) DISTRIBUTION- The Secretary shall ensure that the
programs established under paragraph (1) are located in diverse
geographic regions of the United States, to the maximum extent
practicable.
`(e) Evaluation and Accountability Plan- The Director shall
develop an evaluation and accountability plan for the activities funded
under this chapter that objectively measures the impact of the
activities.
`(f) Authorization of Appropriations- There is authorized
to be appropriated to carry out this section $7,500,000 for each of
fiscal years 2008 through 2010.
`CHAPTER 3--NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION
`SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION.
`(a) Definition of High-Need Public Secondary School- In
this section, the term `high-need public secondary school' means a
secondary school--
`(1) with a high concentration of low-income
individuals (as defined in section 1707 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6537)); or
`(2) designated with a school locale code of 41, 42, or 43, as determined by the Secretary of Education.
`(b) Establishment- The Secretary shall establish at each
of the National Laboratories a program to support a Center of
Excellence in Science, Technology, Engineering, and Mathematics
(referred to in this section as a `Center of Excellence') in at least 1
high-need public secondary school located in the region served by the
National Laboratory to provide assistance in accordance with subsection
(f).
`(1) IN GENERAL- To comply with subsection (g), each
high-need public secondary school selected as a Center of Excellence
and the National Laboratory shall form a partnership with a school,
department, or program of education at an institution of higher
education.
`(2) NONPROFIT ENTITIES- The partnership may include a
nonprofit entity with demonstrated experience and effectiveness in
science or mathematics, as agreed to by other members of the
partnership.
`(1) IN GENERAL- The Secretary, acting through the
Director, shall establish criteria to guide the National Laboratories
in selecting the sites for Centers of Excellence.
`(2) PROCESS- A National Laboratory shall select a site
for a Center of Excellence through an open, widely-publicized, and
competitive process.
`(e) Goals- The Secretary shall establish goals and
performance assessments for each Center of Excellence authorized under
subsection (b).
`(f) Assistance- Consistent with sections 3165 and 3166,
the Director shall make available necessary assistance for a program
established under this section through the use of scientific and
engineering staff of a National Laboratory, including the use of staff--
`(1) to assist teachers in teaching a course at a
Center of Excellence in Science, Technology, Engineering, and
Mathematics; and
`(2) to use National Laboratory scientific equipment in the teaching of the course.
`(g) Special Rules- A Center of Excellence in a region shall ensure--
`(1) provision of clinical practicum, student teaching,
or internship experiences for science, technology, and mathematics
teacher candidates as part of the teacher preparation program of the
Center of Excellence;
`(2) provision of supervision and mentoring for teacher candidates in the teacher preparation program; and
`(3) to the maximum extent practicable, provision of
professional development for veteran teachers in the public secondary
schools in the region.
`(h) Evaluation- The Secretary shall consider the results
of performance assessments required under subsection (e) in determining
the contract award fee of a National Laboratory management and
operations contractor.
`(i) Plan- The Director shall--
`(1) develop an evaluation and accountability plan for
the activities funded under this section that objectively measures the
impact of the activities; and
`(2) disseminate information obtained from those measurements.
`(j) No Effect on Similar Programs- Nothing in this section
displaces or otherwise affects any similar program being carried out as
of the date of enactment of this section at any National Laboratory
under any other provision of law.
`CHAPTER 4--SUMMER INSTITUTES
`SEC. 3185. SUMMER INSTITUTES.
`(a) Definitions- In this section:
`(1) ELIGIBLE PARTNER- The term `eligible partner' means--
`(A) the science, engineering, or mathematics
department at an institution of higher education, acting in
coordination with a school, department, or program of education at an
institution of higher education that provides training for teachers and
principals; or
`(B) a nonprofit entity with expertise in providing
professional development for science, technology, engineering, or
mathematics teachers.
`(2) SUMMER INSTITUTE- The term `summer institute' means an institute, operated during the summer, that--
`(A) is hosted by a National Laboratory or an eligible partner;
`(B) is operated for a period of not less than 2 weeks;
`(C) includes, as a component, a program that
provides direct interaction between students and faculty, including
personnel of 1 or more National Laboratories who have scientific
expertise;
`(D) provides for follow-up training, during the academic year, that is conducted in the classroom; and
`(E) provides hands-on science, technology, engineering, or mathematics laboratory experience for not less than 2 days.
`(b) Summer Institute Programs Authorized-
`(1) PROGRAMS AT THE NATIONAL LABORATORIES- The
Secretary, acting through the Director, shall establish or expand
programs of summer institutes at each of the National Laboratories to
provide additional training to strengthen the science, technology,
engineering, and mathematics teaching skills of teachers employed at
public schools for kindergarten through grade 12, in accordance with
the activities authorized under paragraphs (3) and (4).
`(2) PROGRAMS WITH ELIGIBLE PARTNERS-
`(A) IN GENERAL- The Secretary, acting through the
Director, shall identify and provide assistance as described in
subparagraph (C) to eligible partners to establish or expand programs
of summer institutes that provide additional training to strengthen the
science, technology, engineering, and mathematics teaching skills of
teachers employed at public schools for kindergarten through grade 12,
in accordance with paragraphs (3) and (4).
`(B) SELECTION CRITERIA- In identifying eligible
partners under subparagraph (A), the Secretary shall require that
partner institutions describe--
`(i) how the partner institution has the
capability to administer the program in accordance with this section,
which may include a description of any existing programs at the
institution of the applicant that are targeted at education of science
and mathematics teachers and the number of teachers graduated annually
from the programs; and
`(ii) how the partner institution will assist
the National Laboratory in carrying out the activities described in
paragraphs (3) and (4).
`(C) ASSISTANCE- Consistent with sections 3165 and
3166, the Director shall make available funds authorized under this
section to carry out a program using scientific and engineering staff
of the National Laboratories, during which the staff--
`(i) assists in providing training to teachers at summer institutes; and
`(ii) uses National Laboratory scientific equipment in the training.
`(3) REQUIRED ACTIVITIES- Funds authorized under this section shall be used for--
`(A) creating opportunities for enhanced and
ongoing professional development for teachers that improves the
science, technology, engineering, and mathematics content knowledge of
the teachers;
`(B) training to improve the ability of science,
technology, engineering, and mathematics teachers to translate content
knowledge and recent developments in pedagogy into classroom practice,
including training to use curricula that are--
`(i) based on scientific research; and
`(ii) aligned with challenging State academic content