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S 761 PCSES

Calendar No. 70110th CONGRESS

1st Session

S. 761

To invest in innovation and education to improve the competitiveness of the United States in the global economy. AN ACT

IN THE SENATE OF THE UNITED STATESMarch 5, 2007Mr. REID (for himself, Mr. MCCONNELL, Mr. BINGAMAN, Mr. DOMENICI, Mr. INOUYE, Mr. STEVENS, Mr. KENNEDY, Mr. ENZI, Mr. LIEBERMAN, Mr. ENSIGN, Ms. MIKULSKI, Mr. ALEXANDER, Mr. NELSON of Florida, Mrs. HUTCHISON, Mr. KERRY, Mr. SMITH, Mr. MENENDEZ, Mr. ROBERTS, Mr. SALAZAR, Mr. CORNYN, Mr. PRYOR, Mr. COLEMAN, Ms. CANTWELL, Mr. MARTINEZ, Mr. CARPER, Ms. MURKOWSKI, Mrs. CLINTON, Mr. CRAIG, Mr. KOHL, Mr. LUGAR, Mr. BROWN, Mr. VOINOVICH, Mr. ROCKEFELLER, Mr. WARNER, Ms. LANDRIEU, Mr. OBAMA, Mr. DURBIN, and Mrs. FEINSTEIN) introduced the following bill; which was read the first timeMarch 6, 2007Read the second time and placed on the calendarA BILLTo invest in innovation and education to improve the competitiveness of the United States in the global economy.

    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. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) DivisionsIVISIONS- This Act is organized into 45 divisions as follows:

      (1) DIVISION A- Commerce and Science.

      (2) DIVISION B- Department of Energy.

      (3) DIVISION CB- Education.

      (4) DIVISION D- National Science Foundation.

      (5) DIVISION E- General Provisions.

    (b) Table of Contents- The table of contents for this Act is as follows:

      Sec. 1. Short title.

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

DIVISION A--COMMERCE AND SCIENCE

      Sec. 1001. Short title.

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

      Sec. 1101. National Science and Technology Summit.

      Sec. 1102. Study on barriers to innovation.

      Sec. 1103. National Innovation Medal.

      Sec. 1104. Release of scientific research results.

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

      Sec. 1106. Study of service science.

TITLE II--INNOVATION PROMOTION

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

      Sec. 1202. Innovation acceleration research.

TITLE III--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

      Sec. 1301. NASA's contribution to innovation.

      Sec. 1302. Aeronautics Institute for Research.

      Sec. 1303. Basic research enhancement.

      Sec. 1304. Aging workforce issues program.

      Sec. 1305. Conforming amendments.

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

TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

      Sec. 1401. Authorization of appropriations.

      Sec. 1402. Amendments to the Stevenson-Wydler Technology Innovation Act of 1980.

      Sec. 1403. Innovation acceleration.

      Sec. 1404. Manufacturing extension.

      Sec. 1405. Experimental Program to Stimulate Competitive Technology.

      Sec. 1406. Technical amendments to the National Institute of Standards and Technology Act and other technical amendments.

      Sec. 1407. Clarification of eligible contributions in connection with regional Centers responsible for implementing the objectives of the hollings manufacturing partnership program.

TITLE V--OCEAN AND ATMOSPHERIC PROGRAMS

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

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

      Sec. 1503. NOAA's contribution to innovation.

      Sec. 1504. NOAA accountability and transparency.

DIVISION B--DEPARTMENT OF ENERGY

      Sec. 2001. Short title.

      Sec. 2002. Definitions.

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

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

      Sec. 2005. Advanced Research Projects Authority-Energy.

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

      Sec. 2007. Discovery science and engineering innovation institutes.

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

      Sec. 2009. Title IX compliance.

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

      Sec. 2011. Distinguished scientist program.

DIVISION C--EDUCATION

      Sec. 3001. Findings.

      Sec. 3002. Definitions.

TITLE I--TEACHER ASSISTANCE

Subtitle A--Teachers for a Competitive Tomorrow

      Sec. 3111. Purpose.

      Sec. 3112. Definitions.

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

      Sec. 3114. Programs for master's degrees in mathematics, science, technology, or critical foreign languages education.

      Sec. 3115. General provisions.

      Sec. 3116. Authorization of appropriations.

Subtitle B--Advanced Placement and International Baccalaureate Programs

      Sec. 3121. Purpose.

      Sec. 3122. Definitions.

      Sec. 3123. Advanced Placement and International Baccalaureate programs.

Subtitle C--Promising Practices in Mathematics, Science, Technology, and Engineering Teaching

      Sec. 3131. Promising practices.

TITLE II--MATH NOWEMATICS

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

      Sec. 3202. Summer term education programs.

      Sec. 3203. Math skills for secondary school students.

TITLE III--FOREIGN LANGUAGE PARTNERSHIP PROGRAM

      Sec. 3301. Findings and purpose.

      Sec. 3302. Definitions.

      Sec. 3303. Program authorized.

      Sec. 3304. Authorization of appropriations.

TITLE IV--ALIGNMENT OF EDUCATION PROGRAMS

      Sec. 3401. Alignment of secondary school graduation requirements with the demands of 21st century postsecondary endeavors and support for P-16 education data systems.

TITLE V--MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS

      Sec. 3501. Mathematics and science partnership bonus grants.Sec. 3502. Authorization of appropriations.

DIVISION D--NATIONAL SCIENCE FOUNDATION

      Sec. 4001. Authorization of appropriations.

      Sec. 4002. Strengthening of education and human resources directorate through equitable distribution of new funds.

      Sec. 4003. Graduate fellowships and graduate traineeships.

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

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

      Sec. 4006. Meeting critical national science needs.

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

      Sec. 4008. Experimental Program to Stimulate Competitive Research.

      Sec. 4009. Encouraging participation.

      Sec. 4010. Cyberinfrastructure.

      Sec. 4011. Federal information and communications technology research.

      Sec. 4012. Robert Noyce Scholarship Teacher Program.

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

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

      Sec. 4015. Partnerships for access to laboratory science.

DIVISION E--GENERAL PROVISIONS

      Sec. 5001. Collection of data relating to trade in services.Sec. 5002. Sense of the Senate regarding small business growth and capital markets.Sec. 5003. Government Accountability Office Review of Activities, Grants, and Programs.Sec. 5004. Prohibition against funding anti-competitiveness.Sec. 5005. Feasibility study on free online college degree program.Sec. 5006. Sense of the Senate regarding deemed exports.Sec. 5007. Sense of the Senate regarding capital markets.

DIVISION A--COMMERCE AND SCIENCE

SEC. 1001. SHORT TITLE.

    This division may be cited as the `American Innovation and Competitiveness Act'.

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

SEC. 1101. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.

    (a) In General- Not later than 180 days after the date of 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 technologymathematics 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 issue 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 in 2008, the Director of the Office of Science and Technology Policy shall publish and submit to Congress an annual report that contains recommendations for areas of investment for Federal research and technology programs, including a justification for each area identified in the report. Each report submitted during the 5-year period beginning on the date of the conclusion of the Summit shall take into account any recommendations made by the Summit.

SEC. 1102. STUDY ON BARRIERS TO INNOVATION.

    (a) In General- Not later than 90 days after the date of 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(11) the extent to which individuals are being equipped with the knowledge and skills necessary for success in the 21st century workforce, as measured by--

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

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

        (C) the rates of--

          (i) students successfully completing postsecondary education programs, identified by ethnicity, race, and gender; and

          (ii) certificates, associate degrees, and 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;

      (13) the projected outcomes of increasing the number 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; and

      (14) the identification of strategies to increase 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.

    (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 National Academy of Sciences $1,000,000 for fiscal year 2008 for the purpose of carrying out the study required under this section.

SEC. 1103. NATIONAL INNOVATION MEDAL.

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

      (1) by striking the section heading and inserting `sec. 16. national technology and innovation medal.'; and

      (2) in subsection (a), by striking `Technology Medal' and inserting `Technology and Innovation Medal'.

SEC. 1104. RELEASE OF SCIENTIFIC RESEARCH RESULTS.

    (a) Principles- Not later than 90 days after the date of 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').

    (b) Implementation- Not later than 180 days after the date of 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.

SEC. 1105. 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. 1106. 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 270 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, through the National Academy of Sciences, shall conduct a study and report to Congress regarding 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.

TITLE II--INNOVATION PROMOTION

SEC. 1201. 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 Council's duties 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 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.

      (3) ADVISORS-

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

          (i) The private sector of the economy.

          (ii) Labor.

          (iii) Various fields including information technology, energy, engineering, high-technology manufacturing, health care, and education.

          (iv) Scientific organizations.

          (v) Academic organizations and other nongovernmental organizations working in the area of science or technology.

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

        (B) DESIGNATION- Not later than 30 days after the date that the National Academy of Sciences submits the list of recommended individuals to serve as advisors, the President shall designate 50 individuals to serve as advisors to the Council.

        (C) REQUIREMENT TO CONSULT- The Council shall develop the comprehensive agenda required by paragraph (1) in consultation with the advisors.

      (4) INITIAL SUBMISSION AND UPDATES-

        (A) INITIAL SUBMISSION- Not later than 1 year after the date of 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) Technical Amendment- Section 101(b) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(b)) is amended by striking `an' in the first sentence and inserting `a distinct'.

    (f) 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. 1202. INNOVATION ACCELERATION RESEARCH.

    (a) Program Established- The President, through the head of each Federal research agency, shall establish a program, to be known as the Innovation Acceleration Research Program, to support and promote innovation in the United States through research projects that can yield results with far-ranging or wide-ranging implications but are considered too novel or span too diverse a range of disciplines to fare well in the traditional peer review process. Priority in the awarding of grants under this program shall be given to research projects that--

      (1) meet fundamental technology or scientific challenges;

      (2) involve multidisciplinary work; and

      (3) involve a high degree of novelty.

    (b) Departments and Agencies-

      (1) FUNDING GOALS- The President shall ensure that it is the goal of each Executive agency (as defined in section 105 of title 5, United States Code) that finances research in science, mathematics, engineering, and technology to allocate approximately 8 percent of the agency's total annual research and development budget to funding research, including grants, under the Innovation Acceleration Research Program.

      (2) ADMINISTRATION-

        (A) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the head of each Executive agency participating in the Innovation Acceleration Research Program under paragraph (1) shall submit to the Director of the Office of Science and Technology Policy and the Director of the Office of Management and Budget a plan for implementing the research program within such Executive agency. An implementation plan may incorporate existing initiatives of the Executive agencies that promote research in innovation as described in subsection (a).

        (B) REQUIRED METRICS-

          (i) IN GENERAL- The head of each Executive agency submitting an implementation plan pursuant to subparagraph (A) shall include metrics upon which grant funding decisions will be made and metrics for assessing the success of the grants awarded.

          (ii) METRICS FOR BASIC RESEARCH- The metrics developed under clause (i) to assess basic research programs shall assess management of the programs and shall not assess specific scientific outcomes of the research conducted by the programs.

        (C) GRANT DURATION AND RENEWALS-

          (i) IN GENERAL- Any grants issued by an Executive agency under this section shall be for a period not to exceed 3 years.

          (ii) EVALUATION- Not later than 90 days prior to the expiration of a grant issued under this section, the Executive agency that approved the grant shall complete an evaluation of the effectiveness of the grant based on the metrics established pursuant to subparagraph (B). In its evaluation, the Executive agency shall consider the extent to which the program funded by the grant met the goals of quality improvement and job creation.

          (iii) PUBLICATION OF REVIEW- The Executive agency shall publish and make available to the public the review of each grant approved pursuant to this section.

          (iv) FAILURE TO MEET METRICS- Any grant that the Executive agency awarding the grant determines has failed to satisfy any of the metrics developed pursuant to subparagraph (B), shall not be eligible for a renewal.

          (v) RENEWAL- A grant issued under this section that satisfies all of the metrics developed pursuant to subparagraph (B), may be renewed once for a period of not more than 3 years. Additional renewals may be considered only if the head of the Executive agency makes a specific finding that the program being funded involves a significant technology or scientific advance that requires a longer time frame to complete critical research, and the research satisfies all the metrics developed pursuant to subparagraph (B).

          (vi) WAIVER- The head of the Executive agency may authorize a waiver of the requirement of clauses (iv) and (v) related to satisfying metric requirements if he or she determines that the grant failed to meet a small number of metrics and the failure was not significant for the overall performance of the grant.

    (c) Definitions- In this section:

      (1) FEDERAL RESEARCH AGENCY- The term `Federal research agency' means a major organizational component of a department or agency of the Federal Government, or other establishment of the Federal Government operating with appropriated funds, that has as its primary purpose the performance of scientific research.

      (2) MAJOR ORGANIZATIONAL COMPONENT- The term `major organizational component', with respect to a department, agency, or other establishment of the Federal Government, means a component of the department, agency, or other establishment that is administered by an individual whose rate of basic pay is not less than the rate of basic pay payable under level V of the Executive Schedule under section 5316 of title 5, United States Code.

TITLE III--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SEC. 1301. 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 agency 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. 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 such Act (42 U.S.C. 16631 and 16632) and at appropriate levels in subsequent fiscal years would enable a fair balance among science, aeronautics, education, exploration, and human space flight programs and allow full participation in any interagency efforts to promote innovation and economic competitiveness.

    (d) Annual Report-

      (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.

        (D) Measurement of how each program improved student achievement, including with regard to challenging State achievement standards.

SEC. 1302. AERONAUTICS INSTITUTE FOR RESEARCH.

    (a) Establishment-

      (1) IN GENERAL- The Administrator of the National Aeronautics and Space Administration shall establish within the Administration an Aeronautics Institute for Research for the purpose of managing the aeronautics research carried out by the Administration.

      (2) DIRECTOR- The Institute shall be headed by a Director with appropriate experience in aeronautics research and development.

    (b) Duties- The Institute shall implement the programs authorized under title IV of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16701 et seq.).

    (c) Cooperation With Other Agencies-

      (1) IN GENERAL- The Institute shall operate in conjunction 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 the Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat. 2490).

      (2) RESOURCES- The Director of the Institute may accept assistance, staff, and funding from those Departments and other Federal agencies. Any such funding shall be in addition to funds authorized for aeronautics under the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109-155).

      (3) OTHER COORDINATION- The Director of the Institute may utilize the Next Generation Air Transportation Senior Policy Committee established under section 710 of the Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176; 49 U.S.C. 40101 note) to coordinate its programs with other Departments and agencies.

    (d) Partnerships- In developing and carrying out its plans, the Institute shall consult with the public and ensure the participation of experts from the private sector including representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry.

SEC. 1303. 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 and fundamental research activities related to physical sciences, technology, engineering and mathematics.

    (b) Establishment of Basic Research Executive Council- In order to ensure effective application of resources to basic science activity and to facilitate cooperative basic and fundamental research activities with other governmental organizations, the Administrator of the National Aeronautics and Space Administration shall establish within the Administration a Basic Research Executive Council to oversee the distribution and management of programs and resources engaged in support of basic research activity.

    (c) Membership- The membership of the Basic Research Executive Council shall consist of the most senior agency official representing each of the following areas of research:

      (1) Space Science.

      (2) Earth Science.

      (3) Life and Microgravity Sciences.

      (4) Aeronautical Research.

    (d) Leadership- The Basic Research Executive Council shall be chaired by an individual appointed for that purpose who shall have, as a minimum, a appropriate graduate degree in a recognizable discipline in the physical sciences, and appropriate experience in the conduct and management of basic research activity. The Chairman of the Council shall report directly to the Administrator of the National Aeronautics and Space Administration.

    (e) Supporting Resources and Personnel- The Chairman of the Basic Research Executive Council shall be provided with adequate administrative staff support to conduct the activity and functions of the Council.

    (f) Duties- The Basic Research Executive Council shall have, at minimum, the following duties:

      (1) To establish criteria for the identification of research activity as basic in nature.

      (2) To establish, in consultation with the Office of Science and Technology Policy, the National Science Foundation, the National Academy of Sciences, the National Institutes of Health, and other appropriate external organizations, a prioritization of fundamental research activity to be conducted by the National Aeronautics and Space Administration, to be reviewed and updated on an annual basis, taking into consideration evolving national research priorities.

      (3) To monitor, review, and evaluate all basic research activity of the National Aeronautics and Space Administration for compliance with basic research priorities established under paragraph (2).

      (4) To make recommendations to the Administrator of the National Aeronautics and Space Administration regarding adjustments in the basic research activities of the Administration to ensure consistency with the research priorities established under this section.

      (5) To provide an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives outlining the activities of the Council during the preceding year and the status of basic research activity within the Administration. The initial such report, to serve as a baseline document, shall be provided within 90 days after the establishment and initial operations of the Council.

SEC. 1304. 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 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 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. 1305. CONFORMING AMENDMENTS.

    Section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)) is amended--

      (1) by striking `and' after the semicolon in paragraph (2)(B);

      (2) by striking `Act.' in paragraph (2)(C) and inserting `Act; and';

      (3) by adding at the end of paragraph (2) the following:

        `(D) the number and content of science activities which are undertaken in support of science missions described in subparagraph (A), and the number and content of science activities which may be considered as fundamental, or basic research, whether incorporated within specific missions or conducted independently of any specific mission.'; and

      (4) by adding at the end of paragraph (3) the following:

        `(H) How NASA science activities can best be structured to ensure that basic and fundamental research can be effectively maintained and coordinated in response to national goals in competitiveness and innovation, and in contributing to national scientific, technology, engineering and mathematics leadership.'.

SEC. 1306. FISCAL YEAR 2008 BASIC SCIENCE AND RESEARCH FUNDING.

    Notwithstanding any other provision of law, the Administrator of the National Aeronautics and Space Administration shall increase funding for basic science and research, including for the Explorer Program, for fiscal year 2008 by $160,000,000 by transferring such amount for such purpose from accounts of the National Aeronautics and Space Administration. The transfer shall be contingent upon the availability of unobligated balances to the National Aeronautics and Space Administration.

TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 1401. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of Commerce for the use of the National Institute of Standards and Technology--

      (1) for fiscal year 2008, $703,611,000, of which $115,000,000 shall be used for the Hollings Manufacturing Extension Partnership Program;

      (2) for fiscal year 2009, $773,972,000, of which $120,0002,005,000 shall be used for the Hollings Manufacturing Extension Partnership Program;

      (3) for fiscal year 2010, $851,369,000, of which $125,00031,766,000 shall be used for the Hollings Manufacturing Extension Partnership Program; and

      (4) for fiscal year 2011, $936,506,000, of which $130,042,300,000 shall be used for the Hollings Manufacturing Extension Partnership Program.

SEC. 1402. 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 repealed.

    (b) 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) 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.

      (3) REPEAL OF AUTHORIZATION- Section 21(a) of the Stevenson-Wydler Technology Innovation Act of 1980 (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;'.

      (4) 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).

      (5) 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. 1403. INNOVATION ACCELERATION.

    (a) Program- In order to implement section 1202 of this Act, the Director of the National Institute of Standards and Technology shall--

      (1) establish a program linked to the goals and objectives of the measurement laboratories, to be known as the `Standards and Technology Acceleration Research Program', to support and promote innovation in the United States through high-risk, high-reward research; and

      (2) set aside, from funds available to the measurement laboratories, an amount equal to not less than 8 percent of the funds available to the Institute each fiscal year for such Program.

    (b) External Funding- The Director shall ensure that at least 80 percent of the funds available for such Program shall be used to award competitive, merit-reviewed grants, cooperative agreements, or contracts to public or private entities, including businesses and universities. In selecting entities to receive such assistance, the Director shall ensure that the project proposed by an entity has scientific and technical merit and that any resulting intellectual property shall vest in a United States entity that can commercialize the technology in a timely manner. Each external project shall involve at least one small or medium-sized business and the Director shall give priority to joint ventures between small or medium-sized businesses and educational institutions. Any grant shall be for a period not to exceed 3 years.

    (c) Competitions- The Director shall solicit proposals annually to address areas of national need for high-risk, high-reward research, as identified by the Director.

    (d) Annual Report- Each year the Director shall issue an annual report describing the program's activities, including include a description of the metrics upon which grant funding decisions were made in the previous fiscal year, any proposed changes to those metrics, metrics for evaluating the success of ongoing and completed grants, and an evaluation of ongoing and completed grants. The first annual report shall include best practices for management of programs to stimulate high-risk, high-reward research.

    (e) Administrative Expenses- No more than 5 percent of the finding available to the program may be used for administrative expenses.

    (f) High-Risk, High-Reward Research Defined- In this section, the term `high-risk, high-reward research' means research that--

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

      (2) addresses critical national needs related to measurement standards and technology; and

      (3) is too novel or spans too diverse a range of disciplines to fare well in the traditional peer review process.

SEC. 1404. MANUFACTURING EXTENSION.

    (a) Manufacturing Center Evaluation- Section 25(c)(5) 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.'.

    (b) 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- 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. Such funds from the private sector, if allocated to a Center or Centers, shall not be considered in the calculation of the Federal share of capital and annual operating and maintenance costs under subsection (c).'.

SEC. 1405. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY.

    (a) In General- The Director of the National Institutes of Standards and Technology shall re-establish the Experimental Program to Stimulate Competitive Technology. The purpose of the program shall be to strengthen the technological competitiveness of those States that have historically received less Federal research and development funds than a majority of the States have received.

    (b) Arrangements- In carrying out the program, the Director shall cooperate with State, regional, or local science and technology-based economic development organization and with representatives of small business firms and other appropriate technology-based businesses.

    (c) Grants and Cooperative Agreements- In carrying out the program, the Director may make grants or enter into cooperative agreements to provide for--

      (1) technology research and development;

      (2) technology transfer from university research;

      (3) technology deployment and diffusion; and

      (4) the strengthening of technological and innovation capabilities through consortia comprised of--

        (A) technology-based small business firms;

        (B) industries and emerging companies;

        (C) institutions of higher education including community colleges; and

        (D) State and local development agencies and entities.

    (d) Requirements for Making Awards-

      (1) IN GENERAL- In making awards under this section, the Director shall ensure that the awards are awarded on a competitive basis that includes a review of the merits of the activities that are the subject of the award, giving special emphasis to those projects which will increase the participation of women, Native Americans (including Native Hawaiians and Alaska Natives), and underrepresented groups in science and technology.

      (2) MATCHING REQUIREMENT- The non-Federal share of the activities (other than planning activities) carried out under an award under this subsection shall be not less than 50 percent of the cost of those activities.

    (e) Criteria for States- The Director shall establish criteria for achievement by each State that participates in the program. Upon the achievement of all such criteria, a State shall cease to be eligible to participate in the program.

    (f) Coordination- To the extent practicable, in carrying out this subsection, the Director shall coordinate the program with other programs of the Department of Commerce.

    (g) Report-

      (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Director shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives a report that meets the requirements of this subsection.

      (2) REQUIREMENTS FOR REPORT- The report required by this subsection shall contain--

        (A) a description of the structure and procedures of the program;

        (B) a management plan for the program;

        (C) a description of the merit-based review process to be used in the program;

        (D) milestones for the evaluation of activities to be assisted under the program in fiscal year 2008;

        (E) an assessment of the eligibility of each State that participates in the Experimental Program to Stimulate Competitive Research of the National Science Foundation to participate in the program under this subsection; and

        (F) the evaluation criteria with respect to which the overall management and effectiveness of the program will be evaluated.

SEC. 1406. 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-1) is amended by striking `up to 1 per centum of the' in the first sentence.

    (b) Financial Agreements-

      (1) 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,'.

      (2) MEMBERSHIPS- Section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)) is amended--

        (A) by striking `and' after the semicolon in paragraph (21);

        (B) by redesignating paragraph (22) as paragraph (23); and

        (C) by inserting after paragraph (21) the following:

      `(22) notwithstanding subsection (b)(4) of this section, sections 6301 through 6308 of title 31, United States Code (commonly known as the `Grants and Cooperative Agreements Act'), sections 3551 through 3556 of such title (commonly known as the `Competition in Contracting Act'), and the Federal Acquisition Regulations set forth in title 48, Code of Federal Regulations, to expend appropriated funds for National Institute of Standards and Technology memberships in scientific organizations, registration fees for attendance at conferences, and sponsorship of conferences in furtherance of technology transfer; and'.

    Working Capital Fund- Section 12 of the National Institute of Standards and Development Act (15 U.S.C. 278b) is amended by adding at the end the following:`(g) Amount and Source of Transfers- Not to exceed one-quarter per centum of the amounts appropriated to the Institute for any fiscal year may be transferred to the fund, in addition to any other transfer authority. In addition, funds provided to the Institute from other Federal agencies for the purpose of production of Standard Reference Materials may be transferred to the fund.'.(d) (c) Outdated Specifications-

      (1) REDEFINITION OF METRIC SYSTEM- 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. 2. 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 of 1950' (15 U.S.C. 223) is hereby repealed.

      (3) 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--

        (A) in the section heading, by striking `third zone' and inserting `fourth zone'; and

        (B) by striking `third zone' and inserting `fourth zone'.

      (4) 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.'.

    (e) Retention of Depreciation Surcharged) Non-Energy Inventions Program- Section 1427 of the National Institute of Standards and Technology Act (15 U.S.C. 278dm) is amended--repealed.

(1) by inserting `(a) In General- ' before `Within'; and SEC. 1407. CLARIFICATION OF ELIGIBLE CONTRIBUTIONS IN CONNECTION WITH REGIONAL CENTERS RESPONSIBLE FOR IMPLEMENTING THE OBJECTIVES OF THE HOLLINGS MANUFACTURING PARTNERSHIP PROGRAM.

    (2) by adding at the endParagraph (3) of section 25(c) of the following:National Institute`(b) Retention of Fees- The DirectorStandards and Technology Act (15 U.S.C. 278k(c)(3)) is authorizmended to retain all building usead as follows:

      `(3) FINANCIAL SUPPORT-

        `(A) IN GENERAL- 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 depreciation surcharge fees collected pursuantpublished in the Federal Register under paragraph (2).

        `(B) CENTER CONTRIBUTIONS- In order to OMB Circular A-25. Such feesreceive assistance under this section, an applicant for financial assistance under subparagraph (A) shall be collectedprovide adequate assurances that non-Federal assets obtained from the applicant credited to and the Constructionapplicant's partnering organizations will be used as a funding source to meet not less than 50 percent of Research Facilities Appropriation Accountthe costs incurred for use in maintenancethe first 3 years and repairan increasing share for each of National Institutethe last 3 years. For purposes of Standardsthe 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) AGREEMENTS WITH OTHER ENTITIES- 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 Technology's and existing facilities.'.resources that will further the impact(f) Non-Energy Inventions Program- Section 27 of the National InstituteFederal investment made on behalf of Standardssmall- and Technology Act (medium-sized manufacturing companies. All non-Federal costs, contributed by such entities and determined by a Center as programmatically reasonable and allocable are includable as a portion of the Center's contribution.

        15 U.S.C. 278`(D) ALLOCATION OF LEGAL RIGHTS- Each applicant under subparagraph (A) shall also submit a proposal for the allocation of any legal right associated with any invention that may result from an activity of a Center for which such applicant receives financial assistance under this section.'m) is repealed.

TITLE V--OCEAN AND ATMOSPHERIC PROGRAMS

SEC. 1501. 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. 1502. 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. 1503. 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.

SEC. 1504. NOAA ACCOUNTABILITY AND TRANSPARENCY.

    (a) Review of Activities Carried Out With NOAA Funds-(1) REQUIREMENT FOR REVIEW- The Inspector General of the Department of Commerce shall conduct routine, independent reviews of the activities carried out with grants or other financial assistance made available by the Administrator of the National Oceanic and Atmospheric Administration. Such reviews shall include cost-benefit analysis of such activities and reviews to determine if the goals of such activities are being accomplished.(2) AVAILABILITY TO THE PUBLIC- The Administrator shall make each review conducted pursuant to paragraph (1) available to the public through the website of the Administration not later than 60 days after the date such review is completed.(b) Prohibition on Use of NOAA Funds for Meetings- No funds made available by the Administrator through a grant or contract may be used by the person who received such grant or contract, including any subcontractor to such person, for a banquet or conference, other than a conference related to training or a routine meeting with officers or employees of the Administration to discuss an ongoing project or training.(c) Prohibition on Conflicts of Interest- Each person who receives funds from the Administrator through a grant or contract shall submit to the Administrator a certification stating that none of such funds will be made available through a subcontract or in any other manner to another person who has a financial interest or other conflict of interest with the person who received such funds from the Administrator.

DIVISION B--DEPARTMENT OF ENERGY

SEC. 2001. SHORT TITLE.

    This division may be cited as the `Protecting America's Competitive Edge Through Energy Act' or the `PACE-Energy Act'.

SEC. 2002. DEFINITIONS.

    In this division:

      (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 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, acting through the Under Secretary for Science appointed under section 202(b) of the Department of Energy Organization Act (42 U.S.C. 7132(b)).

SEC. 2003. MATHEMATICS, SCIENCE, AND ENGINEERING 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) through (d) as subsections (c) through (e), respectively;

      (2) by inserting after subsection (a) the following:

    `(b) Organization of Mathematics, Science, and Engineering Education Programs-

      `(1) DIRECTOR OF MATHEMATICS, SCIENCE AND ENGINEERING 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 Mathematics, Science, and Engineering Education (referred to in this subsection as the `Director') with the principal responsibility for administering mathematics, science, and engineering 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 mathematics, science, and engineering education at the Department.

      `(3) DUTIES- The Director shall--

        `(A) oversee all mathematics, science, and engineering education programs of the Department;

        `(B) represent the Department as the principal interagency liaison for all mathematics, science, and engineering 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 mathematics, science, and engineering 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 related to mathematics, science, and engineering education as are required by the Secretary or the Under Secretary.

      `(4) STAFF AND OTHER RESOURCES- The Secretary shall assign to the Director such personnel and other resources as the Secretary considers necessary to permit the Director to carry out the duties of the Director.

      `(5) ASSESSMENT-

        `(A) IN GENERAL- The Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy, not later than 5 years after, and not later than 10 years after, the date of enactment of this paragraph, shall assess the performance of the mathematics, science, and engineering education programs of the Department.

        `(B) CONSIDERATIONS- An assessment under this paragraph shall be conducted taking into consideration, where applicable, the effect of mathematics, science, and engineering education programs of the Department on student academic achievement in math and science.

      `(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) Mathematics, Science, and Engineering Education Fund- The Secretary shall establish a Mathematics, Science, and Engineering 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.'.

    (b) Consultation- The Secretary shall--

      (1) consult with the Secretary of Education regarding activities authorized under subpart B of the Department of Energy Science Education Enhancement Act (as added by subsection (d)(3)) to improve mathematics and science 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) Mathematics, Science, and Engineering 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 the following:

`Subpart A--Science Education Enhancement';

      (2) in section 3169, by striking `part' and inserting `subpart'; and

      (3) by adding at the end the following:

`Subpart B--Mathematics, Science, and Engineering Education Programs

`SEC. 3170. DEFINITIONS.

    `In this subpart:

      `(1) DIRECTOR- The term `Director' means the Director of Mathematics, Science, and Engineering 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--ASSISTANCE FOR SPECIALTY SCHOOLS FOR MATHEMATICS AND SCIENCE

`SEC. 3171. SPECIALTY SCHOOLS FOR MATHEMATICS AND SCIENCE.

    `(a) Purpose- The purpose of this section is to provide assistance to States to establish or expand public, statewide specialty secondary schools that provide comprehensive mathematics and science (including engineering and technology) education to improve the academic achievement of students in mathematics and science.

    `(b) Definition of Specialty School for Mathematics and Science- In this chapter, the term `specialty school for mathematics and science' 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 mathematics and science (including engineering and technology) curriculum designed to improve the academic achievement of students in mathematics and science.

    `(c) Grants Authorized-

      `(1) IN GENERAL- From the amounts authorized under subsection (i), the Secretary, acting through the Director, 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 mathematics and science.

      `(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 mathematics, science, engineering, and sciencetechnology 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 necessary funds for a program using scientific and engineering staff of the National Laboratories, during which the staff--

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

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

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

      `(4) RESTRICTION- No State shall receive funding for more than 1 specialty school for mathematics and science for a fiscal year.

    `(d) Federal and Non-Federal Shares-

      `(1) FEDERAL SHARE- The Federal share of the costs described in subsection (c)(1) shall not exceed 50 percent.

      `(2) NON-FEDERAL SHARE- The non-Federal share of the costs described in subsection (c)(1) shall be--

        `(A) not less than 50 percent; and

        `(B) provided from non-Federal sources, in cash or in kind, fairly evaluated, including services.

    `(e) Application- Each State desiring a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require 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 mathematics and science 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 mathematics and science--

        `(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 mathematics and science;

      `(3) how the State will measure the extent to which the school increases student academic achievement on State academic achievement standards in mathematics, science, and, to the extent applicable, technology and scienceengineering;

      `(4) the curricula and materials to be used in the school;

      `(5) the availability of funds from non-Federal sources for the non-Federal share of 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 mathematics, science, technology, and scienceengineering education, including institutions of higher education.

    `(f) Distribution- In awarding grants under this section, the Director shall--

      `(1) ensure a wide, equitable distribution among States that propose to serve students from urban and rural areas; and

      `(2) provide equal consideration to States without National Laboratories.

    `(g) Uses of Funds-

      `(1) IN GENERAL- 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 mathematics, science, technology, and scienceengineering;

        `(B) integrate into the curriculum of the school comprehensive mathematics and science education, including instruction and assessments in mathematics, science, and to the extent applicable, technology and engineering that are aligned with the State's academic content and student academic achievement standards (within the meaning of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311)), classroom management, professional development, parental involvement, and school management; and

        `(C) provide high-quality and continuous teacher and staff professional development.

      `(2) SPECIAL RULE- Grant funds under this section may be used for activities described in paragraph (1) only if the activities are directly related to improving student academic achievement in mathematics, science, and scienceto 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 mathematics, science, and, to the extent applicable, technology and scienceengineering 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 to the appropriate committees of Congress detailing the impact of the activities assisted with funds made available under this section.

    `(i) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--

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

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

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

      `(4) $50,000,000 for fiscal year 2011.

`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;

        and`(B) promote experiential, hands-on learning in mathematics, science, technology, or scienceengineering; 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 authorized under this chapter.

    `(b) Selection Criteria-

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

      `(2) PARTICIPATION- The Director shall ensure the participation of students from a wide distribution of States, including States without National Laboratories.

      `(3) STUDENT ACHIEVEMENT- The Director may consider the academic achievement of middle and secondary school students in determining eligibility under this section, in accordance with subsection (1) and (2).

    `(c) Priority-

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

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

        `(ii) that is designated with a school locale code of 6, 7, or 8, 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 math, science, and engineering.

      `(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 $15,000,000 for each of fiscal years 2008 through 2011.

`CHAPTER 3--NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN MATHEMATICS, SCIENCE, TECHNOLOGY, AND SCIENCEENGINEERING EDUCATION

`SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN MATHEMATICS, SCIENCE, TECHNOLOGY, AND SCIENCEENGINEERING EDUCATION.

    `(a) Definition of High-Need Public Secondary School- In this chapter, 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 6, 7, or 8, 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 Mathematics, Science, Technology, and ScienceEngineering at 1 high-need public secondary school located in the region of the National Laboratory to provide assistance in accordance with subsection (f).

    `(c) Partnership- Each high-need public secondary school selected as a Center of Excellence shall form a partnership with a department that provides training for teachers and principals at an institution of higher education for purposes of compliance with subsection (g).

    `(d) Selection-

      `(1) IN GENERAL- The Secretary, acting through the Director, shall establish criteria to guide the National Laboratories in selecting the sites of the Centers of Excellence.

      `(2) PROCESS- The National Laboratories shall select the sites of the Centers of Excellence through an open, widely publicized, and competitive process.

    `(e) Goals- The Secretary shall establish goals and performance assessme