To require the study on barriers to innovation to include an examination of the impact of the Internal Revenue Code of 1986 on innovation.

TEXT OF AMENDMENTS

SA 913. Mr. DORGAN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FEASIBILITY STUDY ON FREE ONLINE COLLEGE DEGREE
PROGRAM.

(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Commerce shall enter
into a contract with the National Academy of Sciences to
conduct and complete a feasibility study on creating a
national, free online college degree program that would be
available to all United States citizens who wish to pursue a
degree in a field of strategic importance to the United
States and where expertise is in demand, such as mathematics,
sciences, and foreign languages. The study shall look at the
need for a free college degree program as well as the
feasibility of--
(1) developing online course content;
(2) developing sufficiently rigorous tests to determine
mastery of a field of study; and
(3) sustaining the program through private funding.
(b) Study.--The study described in subsection (a) shall
also include a review of existing online education programs
to determine the extent to which these programs offer a
rigorous curriculum in areas like mathematics and science and
the National Academy of Sciences shall make recommendations
for how online degree programs can be assessed and
accredited.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $500,000 for
fiscal year 2008.
______

SA 914. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. H-1B VISA EMPLOYER FEE.

(a) In General.--Section 214(c)(9)(B) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by
striking ``$1,500'' and inserting ``$2,000''.
(b) Use of Additional Fee.--Section 286 of such Act (8
U.S.C. 1356) is amended by adding at the end the following:
``(w) Gifted and Talented Students Education Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `Gifted and Talented Students Education Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account 25 percent
of the fees collected under section 214(c)(9)(B).
``(2) Use of fees.--Amounts deposited into the account
established under paragraph (1) shall remain available to the
Secretary of Education until expended for programs and
projects authorized under the Jacob K. Javits Gifted and
Talented Students Education Act of 2001 (20 U.S.C. 7253 et
seq.).''.
______

SA 915. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

On page 120, strike lines 1 through 8, and insert the
following:
(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
(1) are part of a statewide strategy for increasing the
availability of Advanced Placement or International
Baccalaureate courses in mathematics, science, and critical
foreign languages, and pre-Advanced Placement or pre-
International Baccalaureate courses in such subjects, in
high-need schools; and
(2) make Advanced Placement math, science, and critical
foreign language courses available to students who are
prepared for such work not later than 9th or 10th grade.
On page 127, line 6, insert ``by the grade the student is
enrolled in,'' after ``subject,''.
On page 127, line 12, insert ``by the grade the student is
enrolled in at the time of the examination'' before the
semicolon.
______

SA 916. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

Beginning on page 69, strike line 21 and all that follows
through line 4 on page 70, and insert the following:
``(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--
``(A) additional training to strengthen the mathematics and
science teaching skills of teachers employed at public
schools for kindergarten through grade 12, in accordance with
the activities authorized under subsections (c) and (d); and
``(B) experimental learning opportunities to advanced
students in middle and secondary schools to strengthen
learning in mathematics and science in accordance with the
activities authorized under subsection (c).''.
On page 70, line 13, inserting after ``grade 12,'' the
following: ``and to provide experimental learning
opportunities to advanced students in middle and secondary
schools to strengthen learning in mathematics and science''.
On page 70, line 21, strike ``and'' at the end.
On page 70, between lines 21 and 22, insert the following:
``(ii) assists in providing experimental learning
opportunities to advanced middle and secondary school
students; and''.
On page 70, line 22, strike ``(ii)'' and insert ``(iii)''.
On page 72, line 2, strike ``and'' at the end.
On page 72, line 4, strike the period and insert ``; and''.
On page 72, between lines 4 and 5, insert the following:
``(9) in the case of a program described in subsection
(b)(1)(B), create, under the guidance of experienced
teachers, college faculty, and math and science
professionals, experimental, hands-on opportunities for
advanced middle and secondary school students that supplement
coursework available in their school districts, allows them
to explore science topics in depth, provides opportunities to
work with scientists on current and

[[Page S4982]]

future research projects, and expose students to math and
science career paths.''.
______

SA 917. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE.

(a) Findings.--The Senate finds that--
(1) The national debt of the United States of America now
exceeds $8,500,000,000,000.
(2) Each United States citizen's share of this debt exceeds
$29,000.
(3) Every cent that the United States Government borrows
and adds to this debt is money stolen from future generations
of Americans and from important programs, including Social
Security and Medicare on which our senior citizens depend for
their retirement security.
(4) The power of the purse belongs to Congress.
(5) Congress authorizes and appropriates all Federal
discretionary spending and creates new mandatory spending
programs.
(6) For too long, Congress has simply borrowed more and
more money to pay for new spending, while Americans want
Congress to live within its means, using the same set of
common sense rules and restraints Americans face everyday;
because in the real world, families cannot follow Congress's
example and must make difficult decisions and set priorities
on how to spend their limited financial resources.
(7) Last year, the interest costs of the Federal debt the
government must pay to those who buy U.S. Treasury bonds were
about 8 percent of the total Federal budget. In total, the
Federal government spent $226 billion on interest costs alone
last year.
(8) According to the Government Accountability Office,
interest costs will consume 25 percent of the entire Federal
budget by 2035. By way of comparison, the Department of
Education's share of Federal spending in 2005 was
approximately 3 percent of all Federal spending. The
Department of Health and Human Services was responsible for
approximately 23 percent of all Federal spending. Spending by
the Social Security Administration was responsible for about
20 percent of all Federal spending. Spending on Medicare was
about 12 percent of all Federal spending. Spending in 2005 by
the Department of Defense--in the midst of two wars in Iraq
and Afghanistan and a global war against terrorism--comprised
about 19 percent of all Federal spending. Thus, if we do not
change our current spending habits, GAO estimates that as a
percentage of Federal spending, interest costs in 2035 will
be larger than defense costs today, Social Security costs
today, Medicare costs today, and education costs today.
(9) The Federal debt undermines United States
competitiveness by consuming capital that would otherwise be
available for private enterprise and innovation.
(10) It is irresponsible for Congress to create or expand
government programs that will result in borrowing from Social
Security, Medicare, foreign nations, or future generations of
Americans without reductions in spending elsewhere within the
Federal budget.
(b) Sense of the Senate.--It is the sense of the Senate
that Congress has a moral obligation to offset the cost of
new Government programs and initiatives.

______

SA 918. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E--GENERAL PROVISIONS

SEC. 5001. SUNSET.

The provisions of this Act, and the amendments made by this
Act, shall cease to have force or effect on and after October
1, 2011.
______

SA 919. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

Strike title III.
______

SA 920. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

Beginning on page 68, strike line 16 and all that follows
through page 74, line 8, and insert the following:

``CHAPTER 4--NUCLEAR SCIENCE

______

SA 921. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows.

At the appropriate place, insert the following:

SEC. __. DISCONTINUATION OF THE ADVANCED TECHNOLOGY PROGRAM.

(a) Repeal.--Section 28 of the Act of March 3, 1901 (15
U.S.C. 278n) is repealed.
(b) Unobligated Balances.--Any amounts appropriated for the
Advanced Technology Program of the National Institute of
Standards and Technology, which are unobligated as of the
effective date of this section, shall be deposited in the
General Fund of the Treasury of the United States for debt
reduction.
(c) Effective Date.--This section shall take effect on the
date that is 90 days after the date of the enactment of this
Act.
______

SA 922. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows.

At the end of title V of division A, add the following:

SEC. 1503. 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.
______

SA 923. Mr. OBAMA submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows.

On page 5, line 19, strike the period at the end and insert
the following: ``, including representatives of science,
technology, and engineering organizations and associations
that represent women and underrepresented minorities in
science and technology enterprises.''.
On page 5, line 24, strike ``for areas'' and insert ``,
including recommendations to increase the representation of
women and underrepresented minorities in science,
engineering, and technology enterprises, for areas''.
Beginning on page 8, strike line 9 and all that follows
through page 9, line 8, and insert the following:
``(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;
``(12) the projected outcomes of increasing the number of
members of underrepresented groups, such as women and
underrepresented minorities, in science, technology,
engineering, and mathematics fields; and
``(13) the identification of strategies to increase the
participation of women and underrepresented minorities into
science, technology, engineering, and mathematics fields.

[[Page S4983]]

On page 12, line 20, after ``employees'' insert the
following: ``, including partnerships with scientific,
engineering, and mathematical professional organizations
representing women and minorities underrepresented in such
areas,''.
On page 17, line 18, strike the period at the end and
insert the following: ``, including strategies for increasing
the participation of women and underrepresented minorities
into science, technology, engineering, and mathematics
fields.''.
On page 19, insert between lines 22 and 23, the following:
``(vi) Nongovernmental organizations, such as professional
organizations, that represent women and underrepresented
minorities in the areas of science, engineering, technology,
and mathematics.
______

SA 924. Mr. OBAMA (for himself and Ms. Mikulski) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

On page 145, between lines 13 and 14, insert the following:

SEC. 3202. SUMMER TERM EDUCATION PROGRAMS.

(a) Purpose.--The purpose of this section is to create
opportunities for summer learning by providing students with
access to summer learning in mathematics, technology, and
problem-solving to ensure that students do not experience
learning losses over the summer and to remedy, reinforce, and
accelerate the learning of mathematics and problem-solving.
(b) Definitions.--In this section:
(1) Educational service agency.--The term ``educational
service agency'' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(2) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) desires to participate in a summer learning grant
program under this section by providing summer learning
opportunities described in subsection (d)(4)(A)(ii) to
eligible students; and
(B) is--
(i) a local educational agency;
(ii) a for-profit educational provider, nonprofit
organization, science center, museum, or summer enrichment
camp, that has been approved by the State educational agency
to provide the summer learning opportunity described in
subsection (d)(4)(A)(ii), including an entity that is in good
standing that has been previously approved by a State
educational agency to provide supplemental educational
services; or
(iii) a consortium consisting of a local educational agency
and 1 or more of the following entities:

(I) Another local educational agency.
(II) A community-based youth development organization with
a demonstrated record of effectiveness in helping students
learn.
(III) An institution of higher education.
(IV) An educational service agency.
(V) A for-profit educational provider described in clause
(ii).
(VI) A nonprofit organization described in clause (ii).
(VII) A summer enrichment camp described in clause (ii)

(3) Eligible student.--The term ``eligible student'' means
a student who--
(A) is eligible for a free lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(B) is served by a local educational agency identified by
the State educational agency in the application described in
subsection (c)(2); or
(C)(i) in the case of a summer learning grant program
authorized under this section for fiscal year 2008, 2009, or
2010, is eligible to enroll in any of the grades kindergarten
through grade 3 for the school year following participation
in the program; or
(ii) in the case of a summer learning grant program
authorized under this section for fiscal year 2011 or 2012,
is eligible to enroll in any of the grades kindergarten
through grade 5 for the school year following participation
in the program.
(4) 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)).
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
(8) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(c) Demonstration Grant Program.--
(1) Program authorized.--
(A) In general.--From the funds appropriated under
subsection (f) for a fiscal year, the Secretary shall carry
out a demonstration grant program in which the Secretary
awards grants, on a competitive basis, to State educational
agencies to enable the State educational agencies to pay the
Federal share of summer learning grants for eligible
students.
(B) Number of grants.--For each fiscal year, the Secretary
shall award not more than 5 grants under this section.
(2) Application.--A State educational agency that desires
to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require. Such application shall identify the areas in the
State where the summer learning grant program will be offered
and the local educational agencies that serve such areas.
(3) Award basis.--
(A) Special consideration.--In awarding grants under this
section, the Secretary shall give special consideration to a
State educational agency that agrees, to the extent possible,
to enter into agreements under subsection (d)(4) with
eligible entities that are consortia described in subsection
(b)(2)(B)(iii) and that include 2 or more of the entities
described in subclauses (I) through (VII) of such subsection
(b)(2)(B)(iii) as partners.
(B) Geographic distribution.--In awarding grants under this
section, the Secretary shall take into consideration an
equitable geographic distribution of the grants.
(d) Summer Learning Grants.--
(1) Use of grants for summer learning grants.--
(A) In general.--Each State educational agency that
receives a grant under subsection (c) for a fiscal year shall
use the grant funds to provide summer learning grants for the
fiscal year to eligible students in the State who desire to
attend a summer learning opportunity offered by an eligible
entity that enters into an agreement with the State
educational agency under paragraph (4)(A).
(B) Amount; federal and non-federal shares.--
(i) Amount.--The amount of a summer learning grant provided
under this section shall be--

(I) for each of the fiscal years 2008 through 2011, $1,600;
and
(II) for fiscal year 2012, $1,800.

(ii) Federal share.--The Federal share of each summer
learning grant shall be not more than 50 percent of the
amount of the summer learning grant determined under clause
(i).
(iii) Non-federal share.--The non-Federal share of each
summer learning grant shall be not less than 50 percent of
the amount of the summer learning grant determined under
clause (i), and shall be provided from non-Federal sources,
such as State or local sources.
(2) Designation of summer scholars.--Eligible students who
receive summer learning grants under this section shall be
known as ``summer scholars''.
(3) Selection of summer learning opportunity.--
(A) Dissemination of information.--A State educational
agency that receives a grant under subsection (c) shall
disseminate information about summer learning opportunities
and summer learning grants to the families of eligible
students in the State.
(B) Application.--The parents of an eligible student who
are interested in having their child participate in a summer
learning opportunity and receive a summer learning grant
shall submit an application to the State educational agency
that includes a ranked list of preferred summer learning
opportunities.
(C) Process.--A State educational agency that receives an
application under subparagraph (B) shall--
(i) process such application;
(ii) determine whether the eligible student shall receive a
summer learning grant;
(iii) coordinate the assignment of eligible students
receiving summer learning grants with summer learning
opportunities; and
(iv) if demand for a summer learning opportunity exceeds
capacity--

(I) in a case where information on the school readiness
(based on school records and assessments of student
achievement) of the eligible students is available, give
priority for the summer learning opportunity to eligible
students with low levels of school readiness; or
(II) in a case where such information on school readiness
is not available, rely on randomization to assign the
eligible students.

(D) Flexibility.--A State educational agency may assign a
summer scholar to a summer learning opportunity program that
is offered in an area served by a local educational agency
that is not the local educational agency serving the area
where such scholar resides.
(E) Requirement of acceptance.--An eligible entity shall
accept, enroll, and provide the summer learning opportunity
of such entity to, any summer scholar assigned to such summer
learning opportunity by a State educational agency pursuant
to this subsection.
(4) Agreement with eligible entity.--
(A) In general.--A State educational agency shall enter
into an agreement with the eligible entity offering a summer
learning opportunity, under which--

[[Page S4984]]

(i) the State educational agency shall agree to make
payments to the eligible entity, in accordance with
subparagraph (B), for a summer scholar; and
(ii) the eligible entity shall agree to provide the summer
scholar with a summer learning opportunity that--

(I) provides a total of not less than the equivalent of 30
full days of instruction (or not less than the equivalent of
25 full days of instruction, if the equivalent of an
additional 5 days is devoted to field trips or other
enrichment opportunities) to the summer scholar;
(II) employs small-group, research-based educational
programs, materials, curricula, and practices;
(III) provides a curriculum that--

(aa) emphasizes mathematics, technology, engineering, and
problem-solving through experiential learning opportunities;
(bb) is primarily designed to increase the numeracy and
problem-solving skills of the summer scholar; and
(cc) is aligned with the standards and goals of the school
year curriculum of the local educational agency serving the
summer scholar;

(IV) applies assessments to measure the skills taught in
the summer learning opportunity and disaggregates the results
of the assessments for summer scholars by race and ethnicity,
economic status, limited English proficiency status, and
disability category, in order to determine the opportunity's
impact on each subgroup of summer scholars;
(V) collects daily attendance data on each summer scholar;
(VI) provides professional development opportunities for
teachers to improve their practice in teaching numeracy, and
in integrating problem-solving techniques into the
curriculum; and
(VII) meets all applicable Federal, State, and local civil
rights laws.

(B) Amount of payment.--
(i) In general.--Except as provided in clause (ii), a State
educational agency shall make a payment to an eligible entity
for a summer scholar in the amount determined under paragraph
(1)(B)(i).
(ii) Adjustment.--In the case in which a summer scholar
does not attend the full summer learning opportunity, the
State educational agency shall reduce the amount provided to
the eligible entity pursuant to clause (i) by a percentage
that is equal to the percentage of the summer learning
opportunity not attended by such scholar.
(5) Use of school facilities.--State educational agencies
are encouraged to require local educational agencies in the
State to allow eligible entities, in offering summer learning
opportunities, to make use of school facilities in schools
served by such local educational agencies at reasonable or no
cost.
(6) Access of records.--An eligible entity offering a
summer learning opportunity under this section is eligible to
receive, upon request, the school records and any previous
supplemental educational services assessment records of a
summer scholar served by such entity.
(7) Administrative costs.--A State educational agency or
eligible entity receiving funding under this section may use
not more than 5 percent of such funding for administrative
costs associated with carrying out this section.
(e) Evaluations; Report; Website.--
(1) Evaluation and assessment.--For each year that an
eligible entity enters into an agreement under subsection
(d)(4), the eligible entity shall prepare and submit to the
Secretary a report on the activities and outcomes of each
summer learning opportunity that enrolled a summer scholar,
including--
(A) information on the design of the summer learning
opportunity;
(B) the alignment of the summer learning opportunity with
State standards; and
(C) data from assessments of student mathematics and
problem-solving skills for the summer scholars and on the
attendance of the scholars, disaggregated by the subgroups
described in subsection (d)(4)(A)(ii)(IV).
(2) Report.--For each year funds are appropriated under
subsection (f) for this section, the Secretary shall prepare
and submit a report to Congress on the summer learning grant
programs, including the effectiveness of the summer learning
opportunities in improving student achievement and learning.
(3) Summer learning grants website.--The Secretary shall
make accessible, on the Department of Education website,
information for parents and school personnel on successful
programs and curricula, and best practices, for summer
learning opportunities.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $50,000,000 for
fiscal year 2008 and such sums as may be necessary for each
of the fiscal years 2009 through 2012.
______

SA 925. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE     --TECHNOLOGY TRANSFER

SEC. --01. TECHNOLOGY TRANSFER OPPORTUNITIES.

(a) In General.--The Secretary of Commerce shall conduct a
study of technology transfer barriers, best practices, and
outcomes of technology transfer activities at Federal
laboratories related to the licensing and commercialization
of energy efficient technologies, and other technologies
that, compared to similar technology in commercial use,
result in reduced emissions of greenhouse gases, increased
ability to adapt to climate change impacts, or increased
sequestration of greenhouse gases. The Secretary shall submit
a report setting forth the findings and conclusions of the
study to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science within 6 months after the date of enactment of this
Act. The Secretary shall work with the existing interagency
working group to address identified barriers to technology
transfer.
(b) Business Opportunities Study.--The Secretary of
Commerce shall perform an analysis of business opportunities,
both domestically and internationally, available for climate
change technologies. The Secretary shall transmit the
Secretary's findings and recommendations from the first such
analysis to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science within 6 months after the date of enactment of this
Act, and shall transmit a revised report of such findings and
recommendations to those Committees annually thereafter.
(c) Agency Report to Include Information on Technology
Transfer Income and Royalties.--Paragraph (2)(B) of section
11(f) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710(f)) is amended--
(1) by striking ``and'' after the semicolon in clause (vi);
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) the number of fully-executed licenses which
received royalty income in the preceding fiscal year for
climate-change or energy-efficient technology;
``(viii) the total earned royalty income for climate-change
or energy-efficient technology; and''.
(d) Increased Incentives for Development of Climate-Change
or Energy-Efficient Technology.--Section 14(a) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710c(a)) is amended--
(1) by striking ``15 percent,'' in paragraph (1)(A) and
inserting ``15 percent (25 percent for climate change-related
technologies),''; and
(2) by inserting ``($250,000 for climate change-related
technologies)'' after ``$150,000'' each place it appears in
paragraph (3).

SEC. --02. INTERDISCIPLINARY RESEARCH AND
COMMERCIALIZATION.

(a) In General.--The Director of the National Science
Foundation shall develop and implement a plan to increase and
establish priorities for funding for multidisciplinary and
interdisciplinary research at universities in support of the
adaptation to and mitigation of climate change. The plan
shall--
(1) address the cross-fertilization and fusion of research
within and across the biological and physical sciences, the
spectrum of engineering disciplines, and entirely new fields
of scientific exploration; and
(2) include the area of emerging service sciences.
(b) Report to Congress.--The Director shall transmit a copy
of the plan to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science within 6 months after the date of enactment of this
Act.
(c) Service Science Defined.--In this section, the term
``service science'' means the melding together of the fields
of computer science, operations research, industrial
engineering, mathematics, management science, decision
sciences, social sciences, and legal sciences in a manner
that may transform entire enterprises and drive innovation at
the intersection of business and technology expertise.

SEC. --03. CLIMATE INNOVATION PARTNERSHIPS.

(a) In General.--The Secretary of Commerce, in consultation
with the Director of the National Science Foundation, shall
create a program of public-private partnerships that--
(1) focus on supporting climate change related regional
innovation;
(2) bridge the gap between the long-term research and
commercialization;
(3) focus on deployment of technologies needed by a
particular region in adapting or mitigating the impacts of
climate change; and
(4) support activities that are selected from proposals
submitted in merit-based competitions.
(b) Institutional Diversity.--In creating the program, the
Secretary and the Administrator shall--
(1) encourage institutional diversity; and
(2) provide that universities, research centers, national
laboratories, and other non-profit organizations are allowed
to partner with private industry in submitting applications.
(c) Grants.--The Secretary may make grants under the
program to the partnerships, but the Federal share of funding
for any project may not exceed 50 percent of the total
investment in any fiscal year.

[[Page S4985]]

(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section.

SEC. --04. RESEARCH GRANTS.

Section 105 of the Global Change Research Act of 1990 (15
U.S.C. 2935) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Research Grants.--
``(1) Committee to develop list of priority research
areas.--The Committee shall develop a list of priority areas
for research and development on climate change that are not
being addressed by Federal agencies.
``(2) Director of OSTP to transmit list to NSF.--The
Director of the Office of Science and Technology Policy shall
transmit the list to the National Science Foundation.
``(3) Funding through NSF.--
``(A) Budget request.--The National Science Foundation
shall include, as part of the annual request for
appropriations for the Science and Technology Policy
Institute, a request for appropriations to fund research in
the priority areas on the list developed under paragraph (1).
``(B) Authorization.--For fiscal year 2008 and each fiscal
year thereafter, there are authorized to be appropriated to
the National Science Foundation not less than $25,000,000, to
be made available through the Science and Technology Policy
Institute, for research in those priority areas.''.

SEC. --05. ABRUPT CLIMATE CHANGE RESEARCH.

(a) In General.--The Secretary, through the National
Oceanic and Atmospheric Administration, shall carry out a
program of scientific research on potential abrupt climate
change designed--
(1) to develop a global array of terrestrial and
oceanographic indicators of paleoclimate in order
sufficiently to identify and describe past instances of
abrupt climate change;
(2) to improve understanding of thresholds and
nonlinearities in geophysical systems related to the
mechanisms of abrupt climate change;
(3) to incorporate these mechanisms into advanced
geophysical models of climate change; and
(4) to test the output of these models against an improved
global array of records of past abrupt climate changes.
(b) Abrupt Climate Change Defined.--In this section, the
term ``abrupt climate change'' means a change in climate that
occurs so rapidly or unexpectedly that human or natural
systems may have difficulty adapting to it.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $60,000,000 for fiscal
year 2008 to carry out this section, such sum to remain
available until expended.

SEC. --06. NATIONAL CLIMATE CHANGE VULNERABILITY AND
RESILIENCE PROGRAM.

(a) Establishment.--The Secretary of Commerce shall
establish a National Climate Change Vulnerability and
Resilience Program to evaluate and make recommendations about
local, regional, and national vulnerability and resilience to
impacts relating to longer-term climatic changes and shorter-
term climatic variations, including changes and variations
resulting from human activities.
(b) Consultation.--In designing the Program, the
Administrator of the National Oceanic and Atmospheric
Administration shall consult with Federal agencies
participating in the United States Global Change Research
Program established under section 103 of the Global Change
Research Act of 1990 (15 U.S.C. 2933) and any other
appropriate Federal, State, or local agency.
(c) Office of Climate Change Vulnerability and Resilience
Research.--The Secretary shall establish an Office of Climate
Change Vulnerability and Resilience Research within the
Department of Commerce, which shall--
(1) be responsible for managing the Program; and
(2) in accordance with the design of the Program,
coordinate climatic change and climatic variation
vulnerability and resilience research in the United States.
(d) Vulnerability Assessments.--The Program shall include--
(1) evaluations, based on historical data, current
observational data, and, where appropriate, available
predictions, of local, State, regional, and national
vulnerability to phenomena associated with climatic change
and climatic variation, including--
(A) severe weather events, such as severe thunderstorms,
tornadoes, and hurricanes;
(B) annual and interannual climate events, such as the El
Nino Southern Oscillation and the North Atlantic Oscillation;
(C) changes in sea level and shifts in the hydrological
cycle;
(D) natural hazards, including tsunamis, droughts, floods,
and wildfires; and
(E) alterations of ecological communities as a result of
climatic change and climatic variation; and
(2) the production of a vulnerability scorecard, in
cooperation with State and local institutions including
university researchers and programs, that assesses the
vulnerability and capacity of each State to respond to
climatic change and climatic variation hazards.
(e) Preparedness Recommendations.--Not later than 2 years
after the date of enactment of this Act, the Office shall
submit to Congress a report that--
(1) includes the vulnerability scorecards produced under
subsection (d)(2); and
(2) identifies, and recommends implementation and funding
strategies for, short-term and long-term actions that may be
taken at the local, State, regional, or national level--
(A) to minimize climatic change and climatic variation
threats to human life and property;
(B) to minimize negative economic impacts of climatic
change and climatic variation; and
(C) to improve resilience to climatic change and climatic
variation hazards.
(f) Vulnerability Research.--In addition to other
responsibilities under this section, the Office shall--
(1) apply the results of available vulnerability research
to develop and improve criteria that measure resilience to
climatic change and climatic variation hazards at the local,
State, regional, and national levels;
(2) coordinate the implementation of short-term and long-
term research programs based on the recommendations made
under subsection (e)(2);
(3) measure progress in increasing the capacity of each
State to respond to climatic change and climatic variation
hazards, using the vulnerability scorecards produced under
subsection (d)(2) as a benchmark; and
(4) not less than annually, review and, if appropriate due
to the availability of additional information, update the
vulnerability scorecards and the recommendations made under
subsection (e)(2).
(g) Information and Technology Dissemination.--The
Secretary shall--
(1) make widely available appropriate information,
technologies, and products to assist local, State, regional,
and national efforts to reduce loss of life and property due
to climatic change and climatic variation; and
(2) coordinate the dissemination of the information,
technologies, and products through all appropriate channels.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000.
______

SA 926. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the end of division D, insert the following:

SEC. ___. PARTNERSHIPS FOR ACCESS TO LABORATORY SCIENCE PILOT
PROGRAM.

(a) Findings.--Congress finds the following:
(1) To remain competitive in science and technology in the
global economy, the United States must increase the number of
students graduating from high school prepared to pursue
postsecondary education in science, technology, engineering,
and mathematics.
(2) There is broad agreement in the scientific community
that learning science requires direct involvement by students
in scientific inquiry and that laboratory experience is so
integral to the nature of science that it must be included in
every science program for every science student.
(3) In America's Lab Report, the National Research Council
concluded that the current quality of laboratory experiences
is poor for most students and that educators and researchers
do not agree on how to define high school science
laboratories or on their purpose, hampering the accumulation
of research on how to improve labs.
(4) The National Research Council found that schools with
higher concentrations of non-Asian minorities and schools
with higher concentrations of poor students are less likely
to have adequate laboratory facilities than other schools.
(5) The Government Accountability Office reported that 49.1
percent of schools where the minority student population is
greater than 50.5 percent reported not meeting functional
requirements for laboratory science well or at all.
(6) 40 percent of those college students who left the
science fields reported some problems related to high school
science preparation, including lack of laboratory experience
and no introduction to theoretical or to analytical modes of
thought.
(7) It is the national interest for the Federal Government
to invest in research and demonstration projects to improve
the teaching of laboratory science in the Nation's high
schools.
(b) Grant Program.--Section 8(8) of the National Science
Foundation Authorization Act of 2002 (Public Law 107-368) is
amended--
(1) by redesignating subparagraphs (A) through (F) as
clauses (i) through (vi), respectively, and indenting
appropriately;
(2) by moving the flush language at the end 2 ems to the
right;
(3) in the flush language at the end, by striking
``paragraph'' and inserting ``subparagraph'';
(4) by striking ``Initiative.--A program of'' and inserting
``initiative.--
``(A) In general.--A program of''; and
(5) by inserting at the end the following:

[[Page S4986]]

``(B) Pilot program.--
``(i) In general.--In accordance with subparagraph (A)(v),
the Director shall establish a pilot program designated as
`Partnerships for Access to Laboratory Science' to award
grants to partnerships to pay the Federal share of the costs
of improving laboratories and providing instrumentation as
part of a comprehensive program to enhance the quality of
mathematics, science, engineering, and technology instruction
at the secondary school level. Grants under this subparagraph
may be used for--

``(I) purchase, rental, or leasing of equipment,
instrumentation, and other scientific educational materials;
``(II) maintenance, renovation, and improvement of
laboratory facilities;
``(III) professional development and training for teachers;
``(IV) development of instructional programs designed to
integrate the laboratory experience with classroom
instruction and to be consistent with State mathematics and
science academic achievement standards;
``(V) training in laboratory safety for school personnel;
``(VI) design and implementation of hands-on laboratory
experiences to encourage the interest of individuals
identified in section 33 or 34 of the Science and Engineering
Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in
mathematics, science, engineering, and technology and help
prepare such individuals to pursue postsecondary studies in
these fields; and
``(VII) assessment of the activities funded under this
subparagraph.

``(ii) Partnership.--Grants awarded under clause (i) shall
be to a partnership that--

``(I) includes an institution of higher education or a
community college;
``(II) includes a high-need local educational agency;
``(III) includes a business or eligible nonprofit
organization; and
``(IV) may include a State educational agency, other public
agency, National Laboratory, or community-based organization.

``(iii) Federal share.--The Federal share of the cost of
activities carried out using amounts from a grant under
clause (i) shall not exceed 50 percent.''.
(c) Report.--The Director of the National Science
Foundation shall evaluate the effectiveness of activities
carried out under the pilot projects funded by the grant
program established pursuant to the amendment made by
subsection (b) in improving student performance in
mathematics, science, engineering, and technology. A report
documenting the results of that evaluation shall be submitted
to the Committee on Commerce, Science, and Transportation and
the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Science and Technology of the
House of Representatives not later than 5 years after the
date of enactment of this Act. The report shall identify best
practices and materials developed and demonstrated by grant
awardees.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the National Science Foundation to
carry out this section and the amendments made by this
section $5,000,000 for fiscal year 2008, and such sums as may
be necessary for each of the 3 succeeding fiscal years.
______

SA 927. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

On page 24, between lines 19 and 20, insert the following:

SEC. 1203. BRINGING UNIVERSITY GENERATED TECHNOLOGICAL
INNOVATIONS TO MARKET.

Section 5 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3704) is amended by adding at the end the
following:
``(g) Grants To Bring Technological Innovations to
Commercial Markets.--
``(1) In General.--The Secretary shall work with technology
transfer offices of institutions of higher education to
develop a program to identify technological innovations with
commercial potential, enhance the commercial viability of
those technological innovations, bring them to the attention
of potential investors, and bring their technological
innovations to market.
``(2) Grants.--
``(A) In general.--As part of the program developed under
paragraph (1), the Secretary shall establish a grant program
to underwrite efforts by a higher education institution's
technology transfer office--
``(i) to identify technological innovations with
significant potential commercial applications;
``(ii) to evaluate steps necessary to modify, enhance, or
further develop the technological innovations for commercial
applications;
``(iii) to assist in such modification, enhancement, or
development; and
``(iv) to bring the technological innovations to the
attention of potential investors.
``(B) Support levels.--The Secretary may make grants under
the program of--
``(i) not more than $5,000 for the evaluation of a
technological innovation for further development, including
market analysis, determining adoption drivers, assessment of
risk factors and identification of additional steps required,
including the production of preliminary product or prototype
specifications, analysis of critical success factors, and
prospects for private sector funding; and
``(ii) not more than $50,000 for investment in a working
prototype or detailed development plan.
``(3) Administrative matters.--
``(A) Competitive awards.--Grants under the program shall
be awarded on a competitive basis.
``(B) Applications.--An application for a grant under the
program shall be submitted to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
``(C) Related technological innovations.--For the purpose
of determining the amount of a grant awarded under the
program, all related technological innovations intended or
designed to function in concert for a product or technology
shall be considered a single technological innovation.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary for fiscal
years 2008 through 2013 such sums as may be necessary to
carry out this section not to exceed 20 million dollars.''.
______

SA 928. Mr. DeMINT (for himself, Mr. Martinez, Mr. Cornyn, and Mr.
Ensign) submitted an amendment intended to be proposed by him to the
bill S. 761, to invest in innovation and education to improve the
competitiveness of the United States in the global economy; as follows:

At the appropriate place, insert the following:

SEC. ___. SMALLER PUBLIC COMPANY OPTION REGARDING INTERNAL
CONTROL PROVISION.

Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262) is amended by adding at the end the following:
``(c) Smaller Public Company Option.--
``(1) Voluntary compliance.--A smaller issuer shall not be
subject to the requirements of subsection (a), unless the
smaller issuer voluntarily elects to comply with such
requirements, in accordance with regulations prescribed by
the Commission. Any smaller issuer that does not elect to
comply with subsection (a) shall state such election,
together with the reasons therefor, in its annual report to
the Commission under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)).
``(2) Definition of smaller issuer.--
``(A) In general.--For purposes of this subsection, and
subject to subparagraph (B), the term `smaller issuer' means
an issuer for which an annual report is required by section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m or 78o(d)), that--
``(i) has a total market capitalization at the beginning of
the relevant reporting period of less than $700,000,000;
``(ii) has total product and services revenue for that
reporting period of less than $125,000,000; or
``(iii) has, at the beginning of the relevant reporting
period, fewer than 1500 record beneficial holders.
``(B) Annual adjustments.--The amounts referred to in
clauses (i) and (ii) of subparagraph (A) shall be adjusted
annually to account for changes in the Consumer Price Index
for all urban consumers, United States city average, as
published by the Bureau of Labor Statistics.''.
______

SA 929. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
as follows:

On page 8, strike lines 7 through 9, and insert the
following:
(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
______

SA 930. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EARMARKS.

(a) In General.--It shall not be in order to consider a
bill, resolution, amendment, or conference report that
proposes a congressional earmark of appropriated funds
authorized by this Act.
(b) Definitions.--For the purpose of this section, the term
``congressional earmark'' means a provision or report
language included primarily at the request of a Member,
Delegate, Resident Commissioner, or Senator providing,
authorizing or recommending a specific amount of
discretionary budget authority, credit authority, or other
spending authority for a contract, loan, loan guarantee,
grant, loan authority, or other expenditure with or to an
entity, or targeted to

[[Page S4987]]

a specific State, locality or Congressional district, other
than through a statutory or administrative formula-driven or
competitive award process.
(c) Supermajority Waiver and Appeal.--This section may be
waived or suspended in the Senate only by an affirmative vote
of \3/5\ of the Members, duly chosen and sworn. An
affirmative vote of \3/5\ of the Members of the Senate, duly
chosen and sworn, shall be required in the Senate to sustain
an appeal of the ruling of the Chair on a point of order
raised under this section.
______

SA 931. Mrs. McCASKILL (for herself and Mr. DeMint) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF
ACTIVITIES, GRANTS, AND PROGRAMS.

(a) Review.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress that--
(1) examines each annual and interim report required to be
submitted to Congress under this Act (including any amendment
made by this Act);
(2) assesses the effectiveness of the activities, grants,
and programs carried out under this Act (including any
amendment made by this Act); and
(3) includes any recommendation of legislative or
administrative actions as the Comptroller General determines
are appropriate to improve the effectiveness of such
activities, grants, and programs.
(b) Survey.--
(1) In general.--In carrying out subsection (a), the
Comptroller General shall conduct an anonymous, double blind
survey of employees of departments and agencies, contractors,
and other recipients of relevant funds, and stakeholders to
assess--
(A) compliance with the provisions of law applicable to
activities, grants, and programs carried out under this Act
(including any amendment made by this Act);
(B) any mismanagement of such activities, grants, and
programs; and
(C) any retaliation or pressure against any individual who
reports or refuses to participate in any violation of law
applicable to such activities, grants, and programs.
(2) Publication.--The Comptroller General shall--
(A) publish the results of the survey conducted under this
subsection in the Federal Register; and
(B) post the results on the website of the Government
Accountability Office.
______

SA 932. Mrs. McCASKILL (for herself and Mr. DeMint) submitted an
amendment intended to be proposed by her to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF
ACTIVITIES, GRANTS, AND PROGRAMS.

(a) Review.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress that--
(1) examines each annual and interim report required to be
submitted under this Act (including any amendment made by
this Act);
(2) assesses the effectiveness of the activities, grants,
and programs carried out under this Act (including any
amendment made by this Act); and
(3) includes any recommendation of legislative or
administrative actions as the Comptroller General determines
are appropriate to improve the effectiveness of such
activities, grants, and programs.
(b) Survey.--
(1) In general.--In carrying out subsection (a), the
Comptroller General shall conduct an anonymous, double blind
survey of employees of departments and agencies, contractors,
and other recipients of relevant funds, and stakeholders to
assess--
(A) compliance with the provisions of law applicable to
activities, grants, and programs carried out under this Act
(including any amendment made by this Act);
(B) any mismanagement of such activities, grants, and
programs; and
(C) any retaliation or pressure against any individual who
reports or refuses to participate in any violation of law
applicable to such activities, grants, and programs.
(2) Publication.--The Comptroller General shall--
(A) publish the results of the survey conducted under this
subsection in the Federal Register; and
(B) post the results on the website of the Government
Accountability Office.
(c) Sunset.--Effective on and after the date occurring 5
years after the date of enactment of this Act, the provisions
of this Act (including any amendment made by this Act) shall
cease to have any force and effect.
______

SA 933. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. NATIONAL INSTITUTE FOR LEARNING SCIENCE AND
TECHNOLOGY.

(a) Establishment.--There is established within the
Department of Commerce a pilot program, which shall be known
as the ``National Institute for Learning Science and
Technology'' (referred to in this section as the
``Institute''), to provide leadership and coordination in
developing applications for the research described in
subsection (c)(1).
(b) Director.--The Institute shall be headed by a Director,
who shall be appointed by the Secretary of Commerce.
(c) Grants.--
(1) Authorization.--The Director shall award grants, on a
competitive basis, to entities described in paragraph (2), to
support basic and applied research in developing technologies
for enhancing education, learning, and workforce training,
including--
(A) innovative learning and assessment systems;
(B) advanced technology prototypes for learning;
(C) education and training; and
(D) the tools needed to create the systems and prototypes
referred to in subparagraphs (A) and (B).
(2) Applications.--An entity with demonstrated scientific
research experience in technology, learning, math, or
science, which is seeking a grant under this subsection,
shall submit an application to the Director at such time, in
such manner, and accompanied by such information as the
Director, in consultation with the Secretary, may reasonably
require.
(d) Evaluation and Report.--
(1) Evaluation.--The Secretary shall conduct, on an annual
basis, a rigorous evaluation of all of the programs and
projects carried out with grants awarded under this section.
(2) Report.--Not later than April 30 of each year, the
Director shall submit a report describing the activities of
the Institute during the previous year to--
(A) the Secretary of Commerce; and
(B) the appropriate committees of Congress.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $10,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for each of the fiscal
years 2009 through 2012.
(f) Sunset Date.--This section is repealed on September 30,
2012.
______

SA 934. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

Strike title III of division A.
______

SA 935. Mr. VOINOVICH (for himself and Mr. Kohl) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. ADVANCED MULTIDISCIPLINARY COMPUTING SOFTWARE
CENTERS.

(a) Definitions.--In this section:
(1) Advanced multidisciplinary computing software center;
center.--The terms ``Advanced Multidisciplinary Computing
Software Center'' and ``Center'' mean a center created by an
eligible entity with a grant awarded under subsection (b).
(2) Eligible entity.--The term ``eligible entity'' means
any--
(A) nonprofit organization;
(B) consortium of nonprofit organizations; or
(C) partnership between a for profit and a nonprofit
organization.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means any organization that--
(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986; and
(B) is exempt from taxation under section 501(a) of such
Code.
(4) Small business or manufacturer.--The term ``small
business or manufacturer'' has the meaning given the term
``small business concern'' in section 3(a) of the Small
Business Act (15 U.S.C. 632(a)), including a small
manufacturing concern.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Technology of the Department of
Commerce.
(b) Grants.--
(1) In general.--The Under Secretary shall award grants to
eligible entities to establish up to 5 Advanced
Multidisciplinary Computing Software Centers throughout the
United States.
(2) Purposes.--Each Center established with grant funds
awarded under paragraph (1) shall--

[[Page S4988]]

(A) conduct general outreach to small businesses and
manufacturers in all industry sectors within the geographic
region assigned to the Center by the Under Secretary; and
(B) conduct technology transfer, development, and
utilization programs for businesses throughout the United
States in the specific industry sector assigned to the Center
by the Under Secretary.
(3) Application.--
(A) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Under
Secretary at such time, in such manner, and accompanied by
such additional information as the Under Secretary may
reasonably require.
(B) Publication in federal register.--Not later than 6
months after the date of the enactment of this Act, the Under
Secretary shall publish the application requirements referred
to in subparagraph (A) in the Federal Register.
(C) Contents.--Each application submitted under
subparagraph (A) shall--
(i) conform to the requirements prescribed by the Under
Secretary under this paragraph; and
(ii) a proposal for the allocation of the legal rights
associated with any invention that may result from the
activities of the proposed Center.
(D) Selection criteria.--In evaluating each application
submitted under subparagraph (A) on the basis of merit, the
Under Secretary shall consider--
(i) the extent to which the eligible entity--

(I) has a partnership with nonprofit organizations,
businesses, software vendors, and academia recognized for
relevant expertise in its selected industry sector;
(II) uses State-funded academic supercomputing centers and
universities or colleges with expertise in the computational
needs of the industry assigned to the eligible entity under
paragraph (2)(A);
(III) has a history of working with small businesses and
manufacturers;
(IV) has experience providing educational programs aimed at
helping organizations adopt the use of high-performance
computing and computational science;
(V) has partnerships with education or training
organizations that can help educate future workers on the
application of computational science to industry needs;
(VI) is accessible to businesses, academia, incubators, or
other economic development organizations via high-speed
networks; and
(VII) is capable of partnering with small businesses and
manufacturers to enhance the ability of such entities to
compete in the global marketplace;

(ii) the ability of the eligible entity to enter
successfully into collaborative agreements with small
businesses and manufacturers to experiment with new high
performance computing and computational science technologies;
and
(iii) such other factors that the Under Secretary considers
relevant.
(4) Maximum amount.--The Under Secretary may not award a
grant under this section in an amount which exceeds
$5,000,000 for any year of the grant period.
(5) Duration.--
(A) In general.--Except as provided under subparagraph (B),
a grant may not be awarded under this subsection for a period
exceeding 5 years.
(B) Renewal.--The Under Secretary may renew any grant
awarded under this subsection.
(6) Matching requirement.--
(A) In general.--The Under Secretary may not award a grant
under this subsection unless the eligible entity receiving
such grant agrees to provide not less than 50 percent of the
capital and annual operating and maintenance funds required
to create and maintain the Center established with such grant
funds.
(B) Funding from other federal, state, or local government
agencies.--The funds provided by the eligible entity under
subparagraph (A) may include amounts received by the eligible
entity from the Federal Government (other than the Department
of Commerce), a State, or a unit of local government.
(7) Limitation on administrative expenses.--The Under
Secretary may establish a reasonable limitation on the
portion of each grant awarded under this subsection that may
be used for administrative expenses or other overhead costs.
(8) Fees and alternative funding sources authorized.--
(A) In general.--A Center established with a grant awarded
under this Act may, in accordance with regulations
established by the Under Secretary--
(i) collect a nominal fee from a small business or
manufacturer for a service provided under this section, if
such fee is utilized for the budget and operation of the
Center; and
(ii) accept financial assistance from the Federal
Government (other than the Department of Commerce) for
capital costs and operating budget expenses.
(B) Condition.--Any Center receiving financial assistance
from the Federal Government (other than the Department of
Commerce) may be selected, and if selected shall be operated,
in accordance with this section.
(c) Use of Funds.--Grant funds received under subsection
(b) shall be used for the benefit of businesses in the
industry sector designated by the Under Secretary under
subsection (b)(2)(A) to--
(1) create a repository of nonclassified, nonproprietary
new and existing federally funded software and algorithms;
(2) test and validate software in the repository;
(3) determine when and how the industry sector it serves
could benefit from resources in the repository;
(4) work with software vendors to commercialize repository
software and algorithms from the repository;
(5) make software available to small businesses and
manufacturers where it has not been commercialized by a
software vendor;
(6) help software vendors, small businesses, and
manufacturers test or utilize the software on high-
performance computing systems; and
(7) maintain a research and outreach team that will work
with small businesses and manufacturers to aid in the
identification of software or computational science
techniques which can be used to solve challenging problems,
or meet contemporary business needs of such organizations.
(d) Reports and Evaluations.--
(1) Annual report.--Each eligible entity that receives a
grant under subsection (b) shall submit an annual report to
the Under Secretary that describes--
(A) the goals of the Center established by the eligible
entity; and
(B) the progress made by the eligible entity in achieving
the purposes described in subsection (b)(2).
(2) Evaluation.--The Under Secretary shall establish a peer
review committee, composed of representatives from industry
and academia, to review the goals and progress made by each
Center during the grant period.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$25,000,000 for each of the fiscal years 2008 through 2012 to
carry out this section.
(2) Availability.--Funds appropriated pursuant to paragraph
(1) shall remain available until expended.
______

SA 936. Mr. SANDERS (for himself, Mr. Baucus, Mr. Leahy, and Mrs.
Lincoln) submitted an amendment intended to be proposed by him to the
bill S. 761, to invest in innovation and education to improve the
competitiveness of the United States in the global economy; as follows:

At the appropriate place, insert the following:

SEC. __. EMPLOYEE OWNERSHIP EXPANSION.

(a) Findings.--Congress makes the following findings:
(1) Between 2000 and 2006, the United States lost more than
3,000,000 manufacturing jobs.
(2) In 2006, the international trade deficit of the United
States was more than $763,000,000,000, $232,000,000,000 of
which was due to the Nation's trade imbalance with China.
(3) Preserving and increasing jobs in the United States
that pay a living wage should be a top priority of Congress.
(4) Providing loan guarantees, direct loans, grants, and
technical assistance to employees to buy their own companies
will increase the competitiveness of the United States.
(b) United States Employee Ownership Competitiveness
Fund.--
(1) Establishment.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Commerce
(referred to in this section as the ``Secretary'') shall
establish the United States Employee Ownership
Competitiveness Fund (referred to in this section as the
``Fund'') to foster increased employee ownership of companies
and greater employee participation in company decision-making
throughout the United States.
(2) Organization.--
(A) Management.--The Fund shall be managed by a Director,
who shall be appointed by, and serve at the pleasure of, the
Secretary.
(B) Staff.--The Director may select, appoint, employ, and
fix the compensation of such employees as shall be necessary
to carry out the functions of the Fund.
(3) Functions.--Amounts in the Fund established under
paragraph (1) may be used to provide--
(A) loans subordinated to the interests of all other
creditors, loan guarantees, and technical assistance, on such
terms and subject to such conditions as the Secretary
determines to be appropriate, to employees to purchase a
business through an employee stock ownership plan or eligible
worker-owned cooperative that are at least 51 percent
employee owned; and
(B) grants to States and nonprofit and cooperative
organizations with experience in developing employee-owned
businesses and worker-owned cooperatives to--
(i) provide education and outreach to inform people about
the possibilities and benefits of employee ownership of
companies, gain sharing, and participation in company
decision-making, including some financial education;
(ii) provide technical assistance to assist employee
efforts to become business owners;
(iii) provide participation training to teach employees and
employers methods of employee participation in company
decision-making; and
(iv) conduct objective third party prefeasibility and
feasibility studies to determine if employees desiring to
start employee stock ownership plans or worker cooperatives
could make a profit.

[[Page S4989]]

(4) Preconditions.--Before the Director makes any
subordinated loan or loan guarantee from the Fund under
paragraph (3)(A), the recipient employees shall submit to the
Fund--
(A) a business plan showing that--
(i) at least 51 percent of all interests in the employee
stock ownership plan or eligible worker-owned cooperative is
owned or controlled by employees;
(ii) the Board of Directors of the employee stock ownership
plan or eligible worker-owned cooperative is elected by all
of the employees; and
(iii) all employees receive basic information about company
progress and have the opportunity to participate in day-to-
day operations; and
(B) a feasibility study from an objective third party with
a positive determination that the employee stock ownership
plan or eligible worker-owned cooperative will be profitable
enough to pay any loan, subordinated loan, or loan guarantee
that was made possible through the Fund.
(5) Insurance of subordinated loans and loan guarantees.--
(A) In general.--The Director shall use amounts in the Fund
to insure any subordinated loan or loan guarantee provided
under this section against the nonrepayment of the
outstanding balance of the loan.
(B) Annual premiums.--The annual premium for the insurance
of each subordinated loan or loan guarantee under this
subsection shall be paid by the borrower in such manner and
in such amount as the Secretary determines to be appropriate.
(C) Premiums and guarantee fees available to cover
losses.--The premiums paid to the Fund from insurance issued
under this paragraph and the fees paid to the Fund for loan
guarantees issued under paragraph (2)(A) shall be deposited
in an account managed by the Secretary of Commerce and may be
used to reimburse the Fund for any losses incurred by the
Fund in connection with any such loan or loan guarantee.
(6) Technical assistance in the discretion of the
secretary.--If a grant is made under paragraph (3)(B)(ii),
the Secretary may require the Director to--
(A) provide for the targeting of key groups such as
retiring business owners, unions, managers, trade
associations, and community organizations;
(B) encourage cooperation in organizing workshops and
conferences; and
(C) provide for the preparation and distribution of
materials concerning employee ownership and participation.
(7) Participation training in the discretion of the
secretary.--If a grant is made under paragraph (3)(B)(iii),
the Secretary may require the Director to provide for--
(A) courses on employee participation; and
(B) the development and fostering of networks of employee-
owned companies to spread the use of successful participation
techniques.
(c) Rulemaking.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Commerce shall
promulgate regulations that ensure--
(1) the safety and soundness of the Fund; and
(2) that the Fund does not compete with commercial
financial institutions.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $100,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for subsequent fiscal
years.

______

SA 937. Mr. SUNUNU submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

After section 3002 of division C, insert the following:

SEC. 3003. CONSOLIDATION AND ELIMINATION AUTHORITY FOR STEM
PROGRAMS.

(a) Authority.--Notwithstanding any other provision of law,
the Director of the Office of Science and Technology Policy
shall be authorized to--
(1) eliminate existing Federal education programs focused
on science, technology, engineering, and mathematics; or
(2) consolidate such Federal education programs.
(b) Effective Date of Elimination or Consolidation.--The
Director of the Office of Science and Technology Policy's
decision to eliminate or consolidate any program under
subsection (a) shall become effective 60 days after the
Director notifies Congress of such consolidation or
elimination.

______

SA 938. Mr. SUNUNU submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
as follows:

Strike section 4002.

______

SA 939. Mr. SUNUNU submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND
MULTIPLE AND DISCRIMINATORY TAXES ON ELECTRONIC
COMMERCE.

Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C.
151 note) is amended by striking ``taxes during the period
beginning November 1, 2003, and ending November 1, 2007:''
and inserting ``taxes:''.
______

SA 940. Mr. KENNEDY proposed an amendment to the bill S. 761, to
invest in innovation and education to improve the competitiveness of
the United States in the global economy; as follows:

On page 98, lines 14 and 15, strike ``mathematics,
science,'' and insert ``mathematics, science, technology,''.
On page 98, between lines 17 and 18, insert the following:
(3) to develop programs for professionals in mathematics,
science, or critical foreign language education that lead to
a master's degree in teaching that results in teacher
certification.
On page 103, lines 19 and 20, strike ``mathematics,
science,'' and insert ``mathematics, science, technology,
engineering,''.
On page 105, line 18, strike ``mathematics or science'' and
insert ``mathematics, science, technology, or engineering''.
On page 105, lines 22 and 23, strike ``mathematics,
science'' and insert ``mathematics, science, technology,
engineering,''.
On page 106, line 15, strike ``mathematics and science''
and insert ``mathematics, science, and where applicable,
technology and engineering''.
On page 106, line 18, strike ``mathematics and science''
and insert ``mathematics, science, and, where available,
technology and engineering''.
On page 109, lines 1 and 2, strike ``MATHEMATICS,
SCIENCE,'' and insert ``MATHEMATICS, SCIENCE, TECHNOLOGY,''.
On page 109, line 10, strike ``and implement'' and all that
follows through line 13, and insert the following:
and implement--
(1) 2- or 3-year part-time master's degree programs in
mathematics, science, technology, or critical foreign
language education for teachers in order to enhance the
teacher's content knowledge and teaching skills; or
(2) programs for professionals in mathematics, science,
engineering, or critical foreign language that lead to a 1
year master's degree in teaching that results in teacher
certification.
On page 109, line 18, strike ``mathematics, science,'' and
insert ``mathematics, science, engineering, technology,''.
On page 109, line 21, insert ``the'' after ``of''.
On page 109, lines 21 through 24, strike ``in mathematics,
science, or a critical foreign language for teachers that
enhance the teachers' content knowledge and teaching skills''
and insert ``authorized under subsection (a)''.
On page 110, line 12, strike ``mathematics and science''
and insert ``mathematics, science, and, where applicable,
technology and engineering''.
On page 110, line 19, strike ``teachers'' and insert
``participants''.
On page 110, line 22, strike ``teachers'' and insert
``participants''.
On page 110, line 24, insert ``(or mathematics, science, or
critical language professionals)'' after ``teachers''.
Beginning on page 110, line 25 through page 111, line 1,
strike ``mathematics, science,'' and insert ``mathematics,
science, engineering, technology,''.
On page 111, line 12, strike ``teachers participating in
the program'' and insert ``the program participants''.
On page 111, insert between lines 12 and 13 the following:
(11) methods to ensure applicants to the master's degree
program for professionals in mathematics, science, or
critical foreign language demonstrate advanced knowledge in
the relevant subject.
On page 111, line 19, insert ``, or programs for
professionals in mathematics, science, or critical foreign
language that lead to a 1-year master's degree in teaching
that results in teacher certification'' after ``skills''.
On page 111, lines 20 and 21, strike ``the teachers
participating in the program'' and insert ``that program
participants''.
On page 112, lines 2 and 3, strike ``mathematics and
science'' and insert ``mathematics, science, technology, and
engineering''.
On page 113, line 1, strike ``mathematics, science,'' and
insert ``mathematics, science, engineering, technology,''.
On page 113, insert between lines 6 and 7 the following:
(9) create opportunities for enhanced and ongoing
professional development for teachers that improves the
mathematics and science content knowledge and teaching skills
of such teachers; and
On page 113, line 14, strike ``increasing''.
On page 113, line 15, strike ``The'' and insert
``Increasing the''.
On page 113, lines 15 and 16, strike ``mathematics,
science,'' and insert ``mathematics, science, engineering,
technology,''.
On page 114, strike lines 6 and 7 and insert the following:
(2) Bringing professionals in mathematics, science,
engineering, or critical foreign language into the field of
teaching.

[[Page S4990]]

(3) Retaining teachers who participate in the program.
On page 114, line 13, strike ``section'' and insert
``subtitle''.
On page 117, line 21, insert ``, or another highly
rigorous, evidence-based, postsecondary preparatory program
terminating in an examination administered by a nationally
recognized educational association'' before the period at the
end.
On page 129, between lines 11 and 12, insert the following:

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

SEC. 3131. PROMISING PRACTICES.

(a) Purpose.--The purpose of this section is to strengthen
the skills of mathematics, science, technology, and
engineering teachers by identifying promising practices in
the teaching of mathematics, science, technology, and
engineering in elementary and secondary education.
(b) National Panel on Promising Practices in Teaching
Mathematics, Science, Technology, and Engineering.--The
Secretary is authorized to contract with the National Academy
of Sciences to convene, not later than 1 year after the date
of enactment of this Act, a national panel to identify
existing promising practices in the teaching of mathematics,
science, technology, and engineering in kindergarten through
grade 12.
(c) Composition of National Panel.--
(1) Consultation.--The Secretary shall enter into a
contract with the National Academy of Sciences to establish a
panel to identify existing promising practices in the
teaching of mathematics, science, technology, and engineering
in elementary and secondary education with demonstrated
evidence of increasing student academic achievement.
(2) Selection.--The National Academy of Sciences shall
ensure that the panel established under paragraph (1) broadly
represents scientists, practitioners, teachers, principals,
and representatives from entities with expertise in
education, mathematics, and science. The National Academy of
Sciences shall ensure that the panel includes the following:
(A) A majority representation of teachers and principals
directly involved in teaching mathematics, science,
technology, or engineering in kindergarten through grade 12.
(B) Representation of teachers and principals from all
demographic areas, including urban, suburban, and rural
schools.
(C) Representation of teachers from public and private
schools.
(3) Qualifications of members.--The members of the panel
established under paragraph (1) shall be individuals who have
substantial knowledge or experience relating to--
(A) mathematics, science, technology, or engineering
education programs; or
(B) mathematics, science, technology, or engineering
curricula content development.
(d) Authorized Activities of National Panel.--The panel
shall--
(1) identify promising practices in the teaching of
mathematics, science, technology, and engineering in
elementary and secondary education;
(2) identify techniques proven to help teachers increase
their skills and expertise in improving student achievement
in mathematics, science, technology, and engineering; and
(3) identify areas of need for promising practices in
mathematics, science, technology, and engineering.
(e) Dissemination.--The Secretary shall disseminate
information collected pursuant to this section to the public,
State educational agencies, and local educational agencies,
and shall publish appropriate and relevant information on the
promising practices on the website of the Department in an
easy to understand format.
(f) Mathematics, Science, Technology, and Engineering
``Promising Practices''.--
(1) Reliability and measurement.--The promising practices
in the teaching of mathematics, science, technology, and
engineering in elementary and secondary education collected
under this section shall be--
(A) reliable, valid, and grounded in scientific theory and
research;
(B) reviewed regularly to assess effectiveness; and
(C) reviewed in the context of State academic assessments
and student academic achievement standards.
(2) Students with diverse learning needs.--In identifying
promising practices under this section, the panel established
under subsection (c) shall take into account the needs of
students with diverse learning needs, particularly for
students with disabilities and students who are limited
English proficient.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2008.
On page 129, strike line 12 and insert the following:

TITLE II--MATHEMATICS

On page 129, lines 23 and 24, strike ``based on the best
available evidence of effectiveness'' and insert ``research-
based and reflect a demonstrated record of effectiveness''.
On page 133, strike lines 12 through 15 and insert the
following:
(i) implementing mathematics programs or comprehensive
mathematics initiatives that are research-based and reflect a
demonstrated record of effectiveness;
On page 134, lines 9 through 11, strike ``instructional
materials and interventions (including intensive and
systematic instruction)'' and insert ``programs or
comprehensive mathematics initiatives''.
On page 134, lines 16 and 17, strike ``based on the best
available evidence of effectiveness'' and insert ``research-
based and reflect a demonstrated record of effectiveness''.
On page 136, line 24, strike ``materials or''.
On page 137, lines 2 and 3, strike ``based on the best
available evidence of effectiveness'' and insert ``research-
based and reflect a demonstrated record of effectiveness''.
On page 137, line 11, strike ``and''.
On page 137, line 19, strike the period at the end and
insert ``; and''.
On page 137, between lines 19 and 20, insert the following:
(E) an assurance that the State will establish a process to
safeguard against conflicts of interest, consistent with
subsection (g)(2), for individuals providing technical
assistance on behalf of the State educational agency or
participating in the State peer review process under this
title.
On page 138, line 16, strike ``materials or''.
On page 138, lines 20 and 21, strike ``and materials are
based on the best available evidence of effectiveness'' and
insert ``are research-based and reflect a demonstrated record
of effectiveness''.
On page 139, strike lines 19 and 20 and insert the
following:
(g) Prohibitions.--
On page 140, between lines 5 and 6, insert the following:
(2) Conflict of interest.--Any Federal employee,
contractor, or subcontractor involved in the administration,
implementation, or provision of oversight or technical
assistance duties or activities under this section shall--
(A) disclose to the Secretary any financial ties to
publishers, entities, private individuals, or organizations
that will benefit from funds provided under this section; and
(B) be prohibited from maintaining significant financial
interests in areas directly related to duties or activities
under this section, unless granted a waiver by the Secretary.
(3) Reporting.--The Secretary shall report annually to the
Committee on Health, Education, Labor, and Pensions of the
Senate and to the Committee on Education and Labor of the
House of Representatives on any of the special allowances or
waivers granted under paragraph (2)(B).
On page 140, line 6, strike ``(2)'' and insert ``(3)''.
Beginning on page 156, line 24, strike ``elementary'' and
all that follows through ``requirements'' on page 157, line
1, and insert ``State academic content standards''.
On page 157, lines 18 and 19, strike ``prekindergarten''
and insert ``preschool''.
On page 158, between lines 5 and 6, insert the following:
(iii) a representative of the agencies in the State that
administer Federal or State-funded early childhood education
programs;
(iv) not less than 1 representative of a public community
college;
On page 158, strike lines 15 through 17 and insert the
following:
(viii) not less than 1 early childhood educator in the
State;
On page 161, line 7, strike ``prekindergarten'' and insert
``preschool''.
On page 161, line 21, after ``developing'' insert ``or
providing guidance to local educational agencies within the
State on the adoption of''.
On page 162, lines 20 through 22, strike ``the students are
adequately prepared when the students enter secondary
school'' and insert ``such standards and assessments are
appropriately aligned and adequately reflect the content
needed to prepare students to enter secondary school''.
On page 165, line 3, strike ``Prekindergarten'' and insert
``Preschool''.
On page 165, line 6, strike ``prekindergarten'' and insert
``preschool''.
On page 166, line 1, strike ``Prekindergarten'' and insert
``Preschool''.
On page 166, line 3, strike ``prekindergarten'' and insert
``preschool''.
On page 168, lines 1 and 2, strike ``student knowledge and
skills'' and insert ``State academic content standards''.
On page 168, line 25, after ``school'' insert ``and
preschool''.
On page 169, line 7, strike ``content'' and all that
follows through ``students'' on line 11, and insert
``academic content standards, substantive curricula,
remediation, and acceleration opportunities for students, as
well as other changes determined necessary by the State''.
On page 177, strike lines 7 through 15, and insert the
following:
(3) Preferences.--The Director shall give preference in
making awards to 4-year institutions of higher education
seeking Federal funding to create or improve professional
science master's degree programs, to those applicants--
(A) located in States with low percentages of citizens with
graduate or professional degrees, as determined by the Bureau
of the Census, that demonstrate success in meeting the unique
needs of the corporate, non-profit, and government
communities in the State, as evidenced by providing
internships for professional science master's degree students
or similar partnership arrangements; or
(B) that secure more than \2/3\ of the funding for such
professional science master's degree

[[Page S4991]]

programs from sources other than the Federal Government.
On page 181, line 17, after ``science'' insert ``,
technology,''.
Strike section 4012 and insert the following:

SEC. 4012. ROBERT NOYCE TEACHER PROGRAM.

(a) In General.--Section 10 of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1) is
amended--
(1) in the section heading, by striking ``SCHOLARSHIP'' and
inserting ``TEACHER'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(or consortia of such institutions)'' and
inserting ``, consortia of such institutions, or
partnerships'';
(ii) by striking ``to provide scholarships, stipends, and
programming designed'';
(iii) by inserting ``and to provide scholarships, stipends,
or fellowships to individuals participating in the program''
after ``science teachers''; and
(iv) by striking ``Scholarship'' and inserting ``Teacher'';
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by striking
``or consortia'' and inserting ``consortia, or
partnerships'';
(ii) in subparagraph (A)--

(I) in the matter preceding clause (i)--

(aa) by striking ``encourage top college juniors and
seniors majoring in'' and inserting ``recruit and prepare
undergraduate students to pursue degrees in''; and
(bb) by striking ``to become'' and inserting ``and become
qualified as'';

(II) in clause (ii)--

(aa) by striking ``programs to help scholarship
recipients'' and inserting ``academic courses and clinical
teaching experiences designed to prepare students
participating in the program'';
(bb) by striking ``programs that will result in'' and
inserting ``such preparation as is necessary to meet
requirements for''; and
(cc) by striking ``licensing; and'' and inserting
``licensing;'';

(III) in clause (iii)--

(aa) by striking ``scholarship recipients'' and inserting
``students participating in the program'';
(bb) by striking ``enable the recipients'' and inserting
``enable the students''; and
(cc) by striking ``; or'' and inserting ``; and''; and

(IV) by adding at the end the following:

``(iv) providing summer internships for freshman and
sophomore students participating in the program;'';
(iii) in subparagraph (B)--

(I) in the matter preceding clause (i)--

(aa) by striking ``encourage'' and inserting ``recruit and
prepare''; and
(bb) by inserting ``qualified as'' after ``to become'';

(II) by striking clause (ii) and inserting the following:

``(ii) offering academic courses and clinical teaching
experiences designed to prepare stipend recipients to teach
in elementary schools and secondary schools, including such
preparation as is necessary to meet requirements for teacher
certification or licensing; and''; and

(III) in clause (iii), by striking the period at the end
and inserting ``; or''; and

(iv) by adding at the end the following:
``(C) to develop and implement a program to recruit and
prepare mathematics, science, or engineering professionals to
become NSF Teaching Fellows, and to recruit existing teachers
to become NSF Master Teaching Fellows, through--
``(i) administering fellowships in accordance with
subsection (e);
``(ii) offering academic courses and clinical teaching
experiences that are designed to prepare students
participating in the program to teach in secondary schools
and that, in the case of NSF Teaching Fellows, result in a
master's degree in teaching and teacher certification or
licensing; and
``(iii) offering programs to participants to assist in the
fulfillment of the participants' responsibilities under this
section, including mentoring, training, mentoring training,
and induction and professional development programs.''; and
(C) by adding at the end the following:
``(4) Eligibility requirement.--To be eligible for an award
under this section, an institution of higher education, a
consortium of such institutions, or a partnership shall
ensure that specific faculty members and staff from the
mathematics, science, or engineering department of the
institution (or a participating institution of the consortium
or partnership) and specific education faculty members of the
institution (or such participating institution) are
designated to carry out the development and implementation of
the program. An institution of higher education and
consortium may also include teachers to participate in
developing the pedagogical content of the program and to
supervise students participating in the program in the
students' field teaching experiences. No institution of
higher education, consortium, or partnership shall be
eligible for an award unless faculty from the mathematics,
science, or engineering department of the institution (or
such participating institution) are active participants in
the program.
``(5) Matching requirement.--An institution of higher
education, consortium of institutions of higher education, or
partnership receiving a grant under this section shall
provide, from non-Federal sources, an amount equal to 50
percent of the amount of the grant (which may be provided in
cash or in-kind) to carry out the activities supported by the
grant.
``(6) Supplement, not supplant.--Grant funds provided under
this section shall be used to supplement, and not supplant,
other Federal or State funds available for the type of
activities supported by the grant.'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``or consortium'' and inserting ``consortium, or
partnership'';
(ii) by striking subparagraph (A) and inserting the
following:
``(A) a description of the program that the applicant
intends to operate, including--
``(i) the number of scholarships and summer internships or
the size and number of stipends or fellowships the applicant
intends to award;
``(ii) the type of activities proposed for the recruitment
of students to the program; and
``(iii) the selection process that will be used in awarding
the scholarships, stipends, or fellowships;'';
(iii) in subparagraph (B)--

(I) by striking ``scholarship or stipend''; and
(II) by striking ``; and'' and inserting ``, which may
include a description of any existing programs at the
applicant's institution that are targeted to the education of
mathematics and science teachers and the number of teachers
graduated annually from such programs;''; and

(iv) by striking subparagraph (C) and inserting the
following:
``(C) a description of the academic courses and clinical
teaching experiences required under subparagraph (A)(ii),
(B)(ii), or (C)(ii) of subsection (a)(3), as applicable,
including--
``(i)(I) a description of the undergraduate program under
subsection (a)(3)(A)(ii) that will enable a student to
graduate in 4 years with a major in mathematics, science, or
engineering and to obtain teacher certification or licensing;
or
``(II) a description of the master's degree programs
offered under subsection (a)(3)(C)(ii);
``(ii) a description of clinical teaching experiences
proposed; and
``(iii) evidence of agreements between the applicant and
the schools or school districts that are identified as the
locations at which clinical teaching experiences will occur;
``(D) a description of the programs required under
subparagraph (A)(iii), (B)(iii), or (C)(iii) of subsection
(a)(3), as applicable, including activities to assist new
teachers in fulfilling their service requirements under this
section; and
``(E) an identification of the applicant's mathematics,
science, or engineering faculty and its education faculty who
will carry out the development and implementation of the
program as required under subsection (a)(4).''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively;
(ii) by inserting after subparagraph (A) the following:
``(B) the extent to which the applicant's mathematics,
science, or engineering faculty and its education faculty
have worked or will work collaboratively to design new or
revised curricula that recognize the specialized pedagogy
required to teach mathematics and science effectively in
elementary schools and secondary schools;''; and
(iii) in subparagraph (D) (as redesignated by clause (i)),
by striking ``or stipend'' and inserting ``, stipend, or
fellowship'';
(4) in subsection (c)--
(A) in paragraph (3)--
(i) by striking ``$7,500'' and inserting ``$10,000''; and
(ii) by striking ``of scholarship support'' and inserting
``of scholarship support, unless the Director establishes a
policy by which part-time students may receive additional
years of support''; and
(B) in paragraph (4), by inserting ``with a maximum service
requirement of 4 years'' after ``scholarship was received'';
(5) in subsection (d)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--Stipends under this section shall be
available only to--
``(A) teachers enrolled in a master's degree program in
science, technology, engineering, or mathematics; and
``(B) mathematics, science, or engineering professionals
who, while receiving the stipend, are enrolled in a program
to receive certification or licensing to teach.'';
(B) in paragraph (3), by inserting ``, except that if an
individual is enrolled in a part-time program, such stipend
shall be prorated according to the length of the program''
after ``stipend support''; and
(C) in paragraph (4), by striking ``for each year a stipend
was received'';
(6) by redesignating subsections (e) through (h) and
subsection (i) as subsections (f) through (i) and subsection
(l), respectively;
(7) by inserting after subsection (d) the following:
``(e) National Science Foundation Teaching Fellowships.--
``(1) Purpose.--The purpose of the fellowships under this
subsection is to promote and recognize high-level achievement
in advanced mathematics and science teaching.

[[Page S4992]]

``(2) Partnership requirements.--In order to receive a
grant under this section to carry out this subsection, the
recipient of such grant shall be a partnership and the only
local educational agencies that shall be members of the
partnership shall be local educational agencies that agree
not to reduce the base salary normally paid to an individual
solely because such individual receives a salary supplement
under this subsection.
``(3) General criteria.--A partnership receiving a grant to
carry out a fellowship program under this subsection shall
award such fellowships only to--
``(A) mathematics, science, or engineering professionals
who enroll in 1-year master's degree programs in teaching
that result in teacher certification or licensing and who
shall be referred to as `NSF Teaching Fellows'; and
``(B) mathematics and science teachers who possess a
master's degree in their field and who shall be referred to
as `NSF Master Teaching Fellows'.
``(4) Selection.--Individuals shall be selected to receive
fellowships under this section primarily on the basis of--
``(A) professional achievement;
``(B) academic merit;
``(C) demonstrated advanced content knowledge; and
``(D) in the case of NSF Master Teaching Fellows,
demonstrated success in improving student academic
achievement in mathematics, science, technology, or
engineering.
``(5) Use of funds.--Each partnership receiving a grant
under this section to award fellowships under this subsection
shall--
``(A) provide a stipend to each NSF Teaching Fellow for the
duration of the Fellow's enrollment in the master's degree
program, to be used to offset the cost of tuition, fees, and
living expenses; and
``(B) provide salary supplements to each NSF Teaching
Fellow and NSF Master Teaching Fellow during the period of
the Fellow's service obligation under paragraph (4).
``(6) Service obligation.--If an individual is awarded a
fellowship under this subsection, that individual shall be
required to serve in a high-need local educational agency
for--
``(A) in the case of a NSF Teaching Fellow, 4 years; and
``(B) in the case of a NSF Master Teaching Fellow, 5 years.
``(7) Duties.--A recipient of a fellowship under this
section, during the service obligation required under
paragraph (6) and in addition to regular classroom
activities, shall take on a leadership role within the school
or local educational agency in which the recipient is
employed, as defined by the partnership according to the
recipient's expertise, including serving as a mentor or
master teacher, developing curricula, and assisting in the
development and implementation of professional development
activities.'';
(8) in subsection (f) (as redesignated by paragraph (6))--
(A) by striking paragraph (1) and inserting the following:
``(1) accepting--
``(A) the terms of the scholarship pursuant to subsection
(c), the stipend pursuant to subsection (d), or the
fellowship pursuant to subsection (e); and
``(B) the terms regarding the failure to complete a service
obligation required for the scholarship, stipend, or
fellowship pursuant to subsection (h);''; and
(B) in paragraph (3)--
(i) by striking ``scholarship'' and inserting
``scholarship, stipend, or fellowship''; and
(ii) by striking ``subsection (g)'' and inserting
``subsection (h)'';
(9) in subsection (g)(1) (as redesignated by paragraph
(6))--
(A) by striking ``(or consortium thereof)'' and inserting
``, consortium, or partnership''; and
(B) by striking ``scholarship and stipend'' and inserting
``scholarship, stipend, and fellowship'';
(10) in subsection (h) (as redesignated by paragraph (6))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, stipend, or fellowship'' after ``scholarship''; and
(ii) in subparagraph (C), by striking ``baccalaureate
degree''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Repayment for failure to complete service.--
``(A) Less than 1 year of service.--If a circumstance
described in paragraph (1) occurs before the completion of 1
year of a service obligation under this section, the sum of
the total amount of awards received by the individual under
this section shall be treated as a loan payable to the
Federal Government, consistent with the provisions of part B
or D of title IV of the Higher Education Act of 1965, and
shall be subject to repayment in accordance with terms and
conditions specified by the Secretary of Education in
regulations promulgated to carry out this paragraph.
``(B) 1 year or more of service.--If a circumstance
described in subparagraph (D) or (E) of paragraph (1) occurs
after the completion of 1 year of a service obligation under
this section, an amount equal to \1/2\ of the sum of the
total amount of awards received by the individual under this
section shall be treated as a loan payable to the Federal
Government, consistent with the provisions of part B or D of
title IV of the Higher Education Act of 1965, and shall be
subject to repayment in accordance with terms and conditions
specified by the Secretary of Education in regulations
promulgated to carry out this paragraph.'';
(11) in subsection (i) (as redesignated by paragraph (6))--
(A) by striking ``or consortia'' and inserting ``,
consortia, or partnerships'';
(B) by striking ``scholarship recipients and stipend
recipients'' and inserting ``scholarship, stipend, and
fellowship recipients''; and
(C) by striking ``subsection (e)'' and inserting
``subsection (f)'';
(12) by inserting after subsection (i) (as redesignated by
paragraph (6)) the following:
``(j) Science and Mathematics Scholarship Gift Fund.--In
accordance with section 11(f) of the National Science
Foundation Act of 1950, the Director is authorized to accept
donations from the private sector to supplement, but not
supplant, scholarships, stipends, internships, or fellowships
associated with the programs under this section.
``(k) Assessment of Teacher Retention.--Not later than 4
years after the date of enactment of the America COMPETES
Act, the Director shall transmit to Congress a report on the
effectiveness of the program carried out under this section
regarding the retention of participants in the teaching
profession beyond the service obligation required under this
section.'';
(13) in subsection (l) (as redesignated by paragraph (6))--
(A) by redesignating paragraphs (1), (2), (3), (4), and (5)
as paragraphs (2), (5), (7), (9), and (10), respectively;
(B) by inserting before paragraph (2) (as redesignated by
subparagraph (A)) the following:
``(1) the term `advanced content knowledge' means
demonstrated mathematics or science content knowledge as
measured by a rigorous, valid assessment tool that has been
approved by the Director;'';
(C) by inserting after paragraph (2) (as redesignated by
subparagraph (A)) the following:
``(3) the term `fellowship' means an award under subsection
(e);
``(4) the term `high-need local educational agency' means a
local educational agency or educational service agency (as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965)--
``(A)(i) that serves not less than 10,000 children from
low-income families;
``(ii) for which not less than 20 percent of the children
served by the agency are children from low-income families;
or
``(iii) with a total of less than 600 students in average
daily attendance at the schools that are served by the
agency, and all of whose schools are designated with a school
locale code of 6, 7, or 8, as determined by the Secretary of
Education; and
``(B)(i) for which there is a higher percentage of teachers
providing instruction in academic subject areas or grade
levels for which the teachers are not highly qualified; or
``(ii) for which there is a high teacher turnover rate or a
high percentage of teachers with emergency, provisional, or
temporary certification or licensure;'';
(D) in paragraph (5) (as redesignated by subparagraph (A)),
by inserting ``engineering,'' after ``mathematics,
science,'';
(E) by inserting after paragraph (5) (as redesignated by
subparagraph (A)) the following:
``(6) the term `mathematics and science teaching' means
mathematics, science, engineering, or technology teaching at
the elementary or secondary school level;'';
(F) in paragraph (7) (as redesignated by subparagraph (A))
by inserting ``or had a career'' after ``is working''; and
(G) by inserting after paragraph (7) (as redesignated by
subparagraph (A)) the following:
``(8) the term `partnership' means a partnership that shall
include--
``(A) an institution of higher education or a consortium of
such institutions;
``(B) a department within an institution of higher
education participating in the partnership that provides an
advanced program of study in mathematics and science;
``(C)(i) a school or department within an institution of
higher education participating in the partnership that
provides a master teacher's preparation program; or
``(ii) a 2-year institution of higher education that has a
teacher preparation offering or a dual enrollment program
with an institution of higher education participating in the
partnership;
``(D) not less than 1 high-need local educational agency
and a public school or a consortium of public schools served
by the agency; and
``(E) 1 or more nonprofit organizations that have the
capacity to provide expertise or support to meet the purposes
of this section;''; and
(14) by adding at the end the following:
``(m) Authorization of Appropriations.--
``(1) In general.--Within the amounts authorized to be
appropriated by section 4001 of the America COMPETES Act and
except as provided in paragraph (2), there are authorized to
be appropriated to the Director for the Robert Noyce Teacher
Program under this section--
``(A) $117,000,000 for fiscal year 2008, of which at least
$18,000,000 shall be used for capacity building activities
described in clauses (ii) and (iii) of subsection (a)(3)(A),
clauses (ii) and (iii) of subsection (a)(3)(B), and clauses
(ii) and (iii) of subsection (a)(3)(C);

[[Page S4993]]

``(B) $130,000,000 for fiscal year 2009, of which at least
$21,000,000 shall be used for such capacity building
activities;
``(C) $148,000,000 for fiscal year 2010, of which at least
$24,000,000 shall be used for such capacity building
activities; and
``(D) $200,000,000 for fiscal year 2011, of which at least
$27,000,000 shall be used for such capacity building
activities.
``(2) Exception.--For any fiscal year for which the funding
allocated for activities under this section is less than
$105,000,000, the amount of funding available for capacity
building activities described in subparagraphs (A) through
(D) of paragraph (1) shall not exceed 15 percent of the
allocated funds.''.
(b) Conforming Amendments.--
(1) Section 4.--Section 4 of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n note)
is amended in the matter preceding paragraph (1) by striking
``In this Act:'' and inserting ``Except as otherwise
provided, in this Act:''.
(2) Section 8.--Section 8(6) of the National Science
Foundation Authorization Act of 2002 (Public Law 107-368) is
amended--
(A) in the paragraph heading, by striking ``Scholarship''
and inserting ``Teacher''; and
(B) by striking ``Scholarship'' and inserting ``Teacher''.
On page 205, line 8, strike ``during the summer''.
______

SA 941. Ms. SNOWE (for herself and Mr. Kohl) submitted an amendment
intended to be proposed by her to the bill S. 761, to invest in
innovation and education to improve the competitiveness of the United
States in the global economy; which was ordered to lie on the table; as
follows:

At the end of title IV of division A, insert the following:

SEC. 1407. CLARIFICATION OF ELIGIBLE CONTRIBUTIONS IN
CONNECTION WITH REGIONAL CENTERS RESPONSIBLE
FOR IMPLEMENTING THE OBJECTIVES OF THE HOLLINGS
MANUFACTURING PARTNERSHIP 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) 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 published in the Federal Register under
paragraph (2).
``(B) Center contributions.--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) 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 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 are includable as a portion of the Center's
contribution.
``(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.''.
______

SA 942. Mr. KOHL (for himself, Ms. Snowe, Mr. Reed, Ms. Stabenow, Mr.
Brown, Mr. Levin, Mr. Durbin, Mrs. Clinton, Mr. Kerry, Mr. Leahy, Mr.
Roberts, and Mr. Biden) submitted an amendment intended to be proposed
by him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

On page 34, line 17, strike ``$120,000,000'' and insert
``$122,005,000''.
On page 34, line 20, strike ``$125,000,000'' and insert
``$131,766,000''.
On page 34, line 23, strike ``$130,000,000'' and insert
``$142,300,000''.
______

SA 943. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ENGLISH FOR ALL CHILDREN.

(a) In General.--Notwithstanding any other provision of
law, Executive Order, administrative rule, or policy:
(1) Any Federal funds provided for the education of English
language learners or limited English proficient children
shall be used solely for English language immersion programs
that are limited to a duration of 1 year.
(2) Any consent decree that requires a State, county,
school district, or school to conduct programs of
transitional bilingual education or dual language immersion
is null and void and shall not be enforced.
(b) Repeal.--Subsections (b) and (c) of section 3001 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6801(b) and (c)) are repealed.
______

SA 944. Mr. COLEMAN (for himself and Mr. Pryor) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

At the end of Division C, insert the following:

TITLE _--MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS.

SEC. _01. MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS.

(a) In General.--From amounts appropriated under subsection
(d), the Secretary of Education shall award a grant--
(1) for each of the school years 2007-2008 through 2010-
2011, to each of the 3 elementary schools and each of the 3
secondary schools in each State, whose students demonstrate
the most improvement in mathematics, as measured by the
improvement in the students' average score on the State's
assessments in mathematics for the school year for which the
grant is awarded, as compared to the school year preceding
the school year for which the grant is awarded; and
(2) for each of the school years 2008-2009 through 2010-
2011, to each of the 3 elementary schools and each of the 3
secondary schools in each State, whose students demonstrate
the most improvement in science, as measured by the
improvement in the students' average score on the State's
assessments in science for the school year for which the
grant is awarded, as compared to the school year preceding
the school year for which the grant is awarded.
(b) Grant Amount.--The amount of each grant awarded under
this section shall be $50,000.

SEC. _02. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
section $15,000,000 for fiscal year 2008, and $30,000,000 for
each of the fiscal years 2009 through 2011.
______

SA 945. Mr. WYDEN (for himself, Mr. Smith, Mr. Pryor, and Mr. Kerry)
submitted an amendment intended to be proposed by him to the bill S.
761, to invest in innovation and education to improve the
competitiveness of the United States in the global economy; which was
ordered to lie on the table; as follows.

In division D, insert after section 4014 the following:

SEC. 4015. NANOTECHNOLOGY IN THE SCHOOLS.

(a) Findings.--Congress makes the following findings:
(1) The rapidly growing field of nanotechnology is
generating scientific and technological breakthroughs that
will benefit society by improving the way many things are
designed and made.
(2) Nanotechnology is likely to have a significant,
positive impact on the security, economic well-being, and
health of Americans as fields related to nanotechnology
expand.
(3) In order to maximize the benefits of nanotechnology to
individuals in the United States, the United States must
maintain world leadership in the field of nanotechnology,
including nanoscience and microtechnology, in the face of
determined competition from other nations.
(4) According to the National Science Foundation, foreign
students on temporary visas earned 32 percent of all science
and engineering doctorates awarded in the United States in
2003, the last year for which data is available. Foreign
students earned 55 percent of the engineering doctorates.
Many of these students expressed an intent to return to their
country of origin after completing their study.
(5) To maintain world leadership in nanotechnology, the
United States must make a long-term investment in educating
United States students in secondary schools and institutions
of higher education, so that the students are able to conduct
nanoscience research and develop and commercialize
nanotechnology applications.
(6) Preparing United States students for careers in
nanotechnology, including nanoscience, requires that the
students have access to the necessary scientific tools,
including scanning electron microscopes designed for
teaching, and requires training to enable teachers and
professors to use those tools in the classroom and the
laboratory.
(b) Purpose.--The purpose of this section is to strengthen
the capacity of United

[[Page S4994]]

States secondary schools and institutions of higher education
to prepare students for careers in nanotechnology by
providing grants to those schools and institutions to provide
the tools necessary for such preparation.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that is--
(A) a public or charter secondary school that offers 1 or
more advanced placement science courses or international
baccalaureate science courses;
(B) a community college, as defined in section 3301 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7011); or
(C) a 4-year institution of higher education or a branch,
within the meaning of section 498 of the Higher Education Act
of 1965 (20 U.S.C. 1099c), of such an institution.
(2) Qualified nanotechnology equipment.--The term
``qualified nanotechnology equipment'' means equipment,
instrumentation, or hardware that is--
(A) used for teaching nanotechnology in the classroom; and
(B) manufactured in the United States at least 50 percent
from articles, materials, or supplies that are mined,
produced, or manufactured, as the case may be, in the United
States.
(d) Program Authorized.--
(1) Program authorized.--The Director of the National
Science Foundation (referred to in this section as the
``Director'') shall establish a nanotechnology in the schools
program to strengthen the capacity of eligible institutions
to provide instruction in nanotechnology. In carrying out the
program, the Director shall award grants of not more than
$150,000 to eligible institutions to provide such
instruction.
(2) Activities supported.--
(A) In general.--An eligible institution shall use a grant
awarded under this section--
(i) to acquire qualified nanotechnology equipment and
software designed for teaching students about nanotechnology
in the classroom;
(ii) to develop and provide educational services, including
carrying out faculty development, to prepare students or
faculty seeking a degree or certificate that is approved by
the State, or a regional accrediting body recognized by the
Secretary of Education; and
(iii) to provide teacher education and certification to
individuals who seek to acquire or enhance technology skills
in order to use nanotechnology in the classroom or
instructional process.
(B) Limitation.--
(i) Uses.--Not more than \1/4\ of the amount of the funds
made available through a grant awarded under this section may
be used for software, educational services, or teacher
education and certification as described in this paragraph.
(ii) Programs.--In the case of a grant awarded under this
section to a community college or institution of higher
education, the funds made available through the grant may be
used only in undergraduate programs.
(3) Applications and selection.--
(A) In general.--To be eligible to receive a grant under
this section, an eligible institution shall submit an
application to the Director at such time, in such manner, and
accompanied by such information as the Director may
reasonably require.
(B) Procedure.--Not later than 180 days after the date of
enactment of this Act, the Director shall establish a
procedure for accepting such applications and publish an
announcement of such procedure, including a statement
regarding the availability of funds, in the Federal Register.
(C) Selection.--In selecting eligible institutions to
receive grants under this section, and encouraging eligible
institutions to apply for such grants, the Director shall, to
the greatest extent practicable--
(i) select eligible entities in geographically diverse
locations;
(ii) encourage the application of historically Black
colleges and universities (meaning part B institutions, as
defined in section 322 of the Higher Education Act of 1965
(20 U.S.C. 1061)) and minority institutions (as defined in
section 365 of such Act (20 U.S.C. 1067k)); and
(iii) select eligible institutions that include
institutions located in States participating in the
Experimental Program to Stimulate Competitive Research
(commonly known as ``EPSCoR'').
(4) Matching requirement and limitation.--
(A) In general.--
(i) Requirement.--The Director may not award a grant to an
eligible institution under this section unless such
institution agrees that, with respect to the costs to be
incurred by the institution in carrying out the program for
which the grant was awarded, such institution will make
available (directly or through donations from public or
private entities) non-Federal contributions in an amount
equal to \1/4\ of the amount of the grant.
(ii) Waiver.--The Director shall waive the matching
requirement described in clause (i) for any institution with
no endowment, or an endowment that has a dollar value lower
than $5,000,000, as of the date of the waiver.
(B) Limitation.--
(i) Branches.--If a branch described in subsection
(c)(1)(C) receives a grant under this section that exceeds
$100,000, that branch shall not be eligible, until 2 years
after the date of receipt of the grant, to receive another
grant under this section.
(ii) Other eligible institutions.--If an eligible
institution other than a branch referred to in clause (i)
receives a grant under this section that exceeds $100,000,
that institution shall not be eligible, until 2 years after
the date of receipt of the grant, to receive another grant
under this section.
(5) Annual report and evaluation.--
(A) Report by institutions.--Each institution that receives
a grant under this section shall prepare and submit a report
to the Director, not later than 1 year after the date of
receipt of the grant, on its use of the grant funds.
(B) Review and evaluation.--
(i) Review.--The Director shall annually review the reports
submitted under subparagraph (A).
(ii) Evaluation.--At the end of every third year, the
Director shall evaluate the program authorized by this
section on the basis of those reports. The Director, in the
evaluation, shall describe the activities carried out by the
institutions receiving grants under this section and shall
assess the short-range and long-range impact of the
activities carried out under the grants on the students,
faculty, and staff of the institutions.
(C) Report to congress.--Not later than 6 months after
conducting an evaluation under subparagraph (B), the Director
shall prepare and submit a report to Congress based on the
evaluation. In the report, the Director shall include such
recommendations, including recommendations concerning the
continuing need for Federal support of the program carried
out under this section, as may be appropriate.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Director to carry out this section
$15,000,000 for fiscal year 2008, and such sums as may be
necessary for fiscal years 2009 through 2011.
______

SA 946. Mr. COLEMAN (for himself and Mr. Pryor) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. _. SBIR-STEM WORKFORCE DEVELOPMENT GRANT PILOT PROGRAM.

(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``eligible entity'' means a grantee under the
SBIR Program that provides an internship program for STEM
college students;
(3) the terms ``Phase I'' and ``Phase II'' mean Phase I and
Phase II grants under the SBIR Program, respectively;
(4) the term ``pilot program'' means the SBIR-STEM
Workforce Development Grant Pilot Program established under
subsection (b);
(5) the term ``SBIR Program'' has the meaning given that
term in section 9(e) of the Small Business Act (15 U.S.C.
638(e)); and
(6) the term ``STEM college student'' means a college
student in the field of science, technology, engineering, or
math.
(b) Pilot Program Established.--From amounts made available
to carry out this section, the Administrator shall establish
an SBIR-STEM Workforce Development Grant Pilot Program to
encourage the business community to provide workforce
development opportunities to STEM college students, by
providing an SBIR bonus grant to eligible entities.
(c) Awards.--A bonus grant to an eligible entity under the
pilot program shall be in an amount equal to 10 percent of
either a Phase I or Phase II grant, as applicable, with a
total award maximum of not more than $10,000 per year.
(d)  Evaluation.--Following the fourth year of funding
under this section, the Administrator shall submit a report
to Congress on the results of the pilot program.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $1,000,000 for fiscal year 2008;
(2) $1,000,000 for fiscal year 2009;
(3) $1,000,000 for fiscal year 2010; and
(4) $1,000,000 for fiscal year 2011.
______

SA 947. Mr. BINGAMAN (for Mr. Dodd (for himself, Mr. Shelby, and Mr.
Reed)) proposed an amendment to the bill S. 761, to invest in
innovation and education to improve the competitiveness of the United
States in the global economy; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. ___. SENSE OF THE SENATE REGARDING SMALL BUSINESS GROWTH
AND CAPITAL MARKETS.

(a) Findings.--The Congress finds that--
(1) the United States has the most fair, most transparent,
and most efficient capital markets in the world, in part due
to its strong securities statutory and regulatory scheme;
(2) it is of paramount importance for the continued growth
of our Nation's economy, that our capital markets retain
their leading position in the world;

[[Page S4995]]

(3) small businesses are vital participants in United
States capital markets, and play a critical role in future
economic growth and high-wage job creation;
(4) section 404 of the Sarbanes-Oxley Act of 2002, has
greatly enhanced the quality of corporate governance and
financial reporting for public companies and increased
investor confidence;
(5) the Securities and Exchange Commission (in this section
referred to as the ``Commission'') and the Public Company
Accounting Oversight Board (in this section referred to as
the ``PCAOB'') have both determined that the current auditing
standard implementing section 404 of the Sarbanes-Oxley Act
of 2002 has imposed unnecessary and unintended cost burdens
on small and mid-sized public companies;
(6) the Commission and PCAOB are now near completion of a
2-year process intended to revise the standard in order to
provide more efficient and effective regulation; and
(7) the chairman of the Commission recently has said, with
respect to section 404 of the Sarbanes-Oxley Act of 2002,
that, ``We don't need to change the law, we need to change
the way the law is implemented. It is the implementation of
the law that has caused the excessive burden, not the law
itself. That's an important distinction. I don't believe
these important investor protections, which are even now only
a few years old, should be opened up for amendment, or that
they need to be.''.
(b) Sense of the Senate.--It is the sense of the Senate
that the Commission and the PCAOB should complete
promulgation of the final rules implementing section 404 of
the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262).
______

SA 948. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the end of division D, add the following:

SEC. 4015. CENTER FOR NANOTECHNOLOGY RESEARCH AND
ENGINEERING.

(a) Center Established.--The Director of the National
Science Foundation shall establish a geographically diverse,
interdisciplinary Center for Nanotechnology Research and
Engineering (hereafter in this section referred to as the
``Center'') to focus on--
(1) the science and engineering of manufacturing at the
nanoscale in multiple dimensions; or
(2) nanotechnology for sustainable energy, water,
agriculture, and the environment.
(b) Center or Node.--The Center may be a Nanoscale Science
and Engineering Center or a National Nanotechnology
Infrastructure Network Node.
(c) Composition.--The Center shall consist of a lead
academic institution located in an Experimental Program to
Stimulate Competitive Research (EPSCoR) State and at least 1
additional academic institution located in a second EPSCoR
State.
(d) Duties.--The Center shall--
(1) collaborate with other National Science Foundation
grantees, and with grantees from other Federal agencies,
working on nanomanufacturing;
(2) share resources with the programs of the grantees
described in paragraph (1) for the purpose of mutual
advantage; and
(3) work toward a nanomanufacturing network that encourages
extensive industrial collaboration.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the National Science Foundation to
carry out this section $2,500,000 for each of the fiscal
years 2008 through 2012.
______

SA 949. Mr. DURBIN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 902 proposed by Mr.
Cornyn to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

On page 21, after line 2, add the following:

Subtitle E--H-1B and L-1 Visa Fraud and Abuse Prevention

SEC. 1651. SHORT TITLE.

This subtitle may be cited as the ``H-1B and L-1 Visa Fraud
and Abuse Prevention Act of 2007''.

SEC. 1652. H-1B EMPLOYER REQUIREMENTS.

(a) Application of Nondisplacement and Good Faith
Recruitment Requirements to All H-1B Employers.--
(1) Amendments.--Section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E);

(I) in clause (i), by striking ``(E)(i) In the case of an
application described in clause (ii), the'' and inserting
``(E) The''; and
(II) by striking clause (ii);

(ii) in subparagraph (F), by striking ``In the case of''
and all that follows through ``where--'' and inserting the
following: ``The employer will not place the nonimmigrant
with another employer if--''; and
(iii) in subparagraph (G), by striking ``In the case of an
application described in subparagraph (E)(ii), subject'' and
inserting ``Subject'';
(B) in paragraph (2)--
(i) in subparagraph (E), by striking ``If an H-1B-dependent
employer'' and inserting ``If an employer that employs H-1B
nonimmigrants''; and
(ii) in subparagraph (F), by striking ``The preceding
sentence shall apply to an employer regardless of whether or
not the employer is an H-1B-dependent employer.''; and
(C) by striking paragraph (3).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(b) Nondisplacement Requirement.--
(1) Extending time period for nondisplacement.--Section
212(n) of such Act, as amended by subsection (a), is further
amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``90 days'' each place
it appears and inserting ``180 days'';
(ii) in subparagraph (F)(ii), by striking ``90 days'' each
place it appears and inserting ``180 days''; and
(B) in paragraph (2)(C)(iii), by striking ``90 days'' each
place it appears and inserting ``180 days''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall apply to applications filed on or after the date
of the enactment of this Act; and
(B) shall not apply to displacements for periods occurring
more than 90 days before such date.
(c) Public Listing of Available Positions.--
(1) Listing of available positions.--Section 212(n)(1)(C)
of such Act is amended--
(A) in clause (i), by striking ``(i) has provided'' and
inserting the following:
``(ii)(I) has provided'';
(B) by redesignating clause (ii) as subclause (II); and
(C) by inserting before clause (ii), as redesignated, the
following:
``(i) has advertised the job availability on the list
described in paragraph (6), for at least 30 calendar days;
and''.
(2) List maintained by the department of labor.--Section
212(n) of such Act, as amended by this section, is further
amended by adding at the end the following:
``(6)(A) Not later than 90 days after the date of the
enactment of this paragraph, the Secretary of Labor shall
establish a list of available jobs, which shall be publicly
accessible without charge--
``(i) on a website maintained by the Department of Labor,
which website shall be searchable by--
``(I) the name, city, State, and zip code of the employer;
``(II) the date on which the job is expected to begin;
``(III) the title and description of the job; and
``(IV) the State and city (or county) at which the work
will be performed; and
``(ii) at each 1-stop center created under the Workforce
Investment Act of 1998 (Public Law 105-220).
``(B) Each available job advertised on the list shall
include--
``(i) the employer's full legal name;
``(ii) the address of the employer's principal place of
business;
``(iii) the employer's State, city, and zip code;
``(iv) the employer's Federal Employer Identification
Number;
``(v) the phone number, including area code and extension,
as appropriate, of the hiring official or other designated
official of the employer;
``(vi) the e-mail address, if available, of the hiring
official or other designated official of the employer;
``(vii) the wage rate to be paid for the position and, if
the wage rate in the offer is expressed as a range, the
bottom of the wage range;
``(viii) whether the rate of pay is expressed on an annual,
monthly, biweekly, weekly, or hourly basis;
``(ix) a statement of the expected hours per week that the
job will require;
``(x) the date on which the job is expected to begin;
``(xi) the date on which the job is expected to end, if
applicable;
``(xii) the number of persons expected to be employed for
the job;
``(xiii) the job title;
``(xiv) the job description;
``(xv) the city and State of the physical location at which
the work will be performed; and
``(xvi) a description of a process by which a United States
worker may submit an application to be considered for the
job.
``(C) The Secretary of Labor may charge a nominal filing
fee to employers who advertise available jobs on the list
established under this paragraph to cover expenses for
establishing and administering the requirements under this
paragraph.
``(D) The Secretary may promulgate rules, after notice and
a period for comment--
``(i) to carry out the requirements of this paragraph; and
``(ii) that require employers to provide other information
in order to advertise available jobs on the list.''.
(3) Effective date.--The amendments made by paragraph (1)--
(A) shall take effect on the date that is 30 days after the
creation of the list described in section 212(n)(6) of the
Immigration and Nationality Act, as added by paragraph (2);
and

[[Page S4996]]

(B) shall apply to all applications filed on or after such
date.
(d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or
Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of
such Act, as amended by this section, is further amended--
(1) by inserting after subparagraph (G) the following:
``(H)(i) The employer has not advertised the available jobs
specified in the application in an advertisement that states
or indicates that--
``(I) the job or jobs are only available to persons who are
or who may become H-1B nonimmigrants; or
``(II) persons who are or who may become H-1B nonimmigrants
shall receive priority or a preference in the hiring process.
``(ii) The employer has not only recruited persons who are,
or who may become, H-1B nonimmigrants to fill the job or
jobs.''; and
(2) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(K) The employer''.
(e) Prohibition of Outplacement.--
(1) In general.--Section 212(n) of such Act, as amended by
this section, is further amended--
(A) in paragraph (1), by amending subparagraph (F) to read
as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another
employer;'' and
(B) in paragraph (2), by striking subparagraph (E).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(f) Limit on Percentage of H-1B Employees.--Section
212(n)(1) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (d)(1), the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.
(g) Wage Determination.--
(1) Change in minimum wages.--Section 212(n)(1) of such
Act, as amended by this section, is further amended--
(A) by amending subparagraph (A) to read as follows:
``(A) The employer--
``(i) is offering and will offer, during the period of
authorized employment, to aliens admitted or provided status
as an H-1B nonimmigrant, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(I) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(II) the median average wage for all workers in the
occupational classification in the area of employment; or
``(III) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(ii) will provide working conditions for such a
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''; and
(B) in subparagraph (D), by inserting ``the wage
determination methodology used under subparagraph (A)(i),''
after ``shall contain''.
(2) Provision of w-2 forms.--Section 212(n)(1) of such Act
is amended by inserting after subparagraph (I), as added by
subsection (f), the following:
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B
nonimmigrants, the employer shall submit to the Secretary the
Internal Revenue Service Form W-2 Wage and Tax Statement
filed by the employer with respect to such nonimmigrants for
such period.''.
(3) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(h) Immigration Documents.--Section 204 of such Act (8
U.S.C. 1154) is amended by adding at the end the following:
``(l) Employer To Share All Immigration Paperwork Exchanged
With Federal Agencies.--Not later than 10 working days after
receiving a written request from a former, current, or future
employee or beneficiary, an employer shall provide the
employee or beneficiary with the original (or a certified
copy of the original) of all petitions, notices, and other
written communication exchanged between the employer and the
Department of Labor, the Department of Homeland Security, or
any other Federal agency that is related to an immigrant or
nonimmigrant petition filed by the employer for the employee
or beneficiary.''.

SEC. 1653. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in
Application Review Process.--Section 212(n)(1)(K) of the
Immigration and Nationality Act, as redesignated by section
1652(d)(2), is amended--
(1) by inserting ``and through the website of the
Department of Labor, without charge.'' after ``D.C.'';
(2) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation
of material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact,
the Secretary may conduct an investigation and hearing under
paragraph (2).
(b) Investigations by Department of Labor.--Section
212(n)(2) of such Act is amended--
(1) in subparagraph (A)--
(A) by striking ``12 months'' and inserting ``24 months'';
and
(B) by striking ``The Secretary shall conduct'' and all
that follows and inserting ``Upon the receipt of such a
complaint, the Secretary may initiate an investigation to
determine if such a failure or misrepresentation has
occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employer's compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(G) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.'';
(H) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary may
impose a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2) of such
Act, as amended by this section, is further amended by
inserting after subparagraph (G) the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor
with any information contained in the materials submitted by
H-1B employers as part of the adjudication process that
indicates that the employer is not complying with H-1B visa
program requirements. The Secretary may initiate and conduct
an investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended
by this section, is further amended by adding at the end the
following: ``The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
subsection and may conduct annual compliance audits of
employers that employ H-1B nonimmigrants. The Secretary shall
conduct annual compliance audits of not less than 1 percent
of the employers that employ H-1B nonimmigrants during the
applicable calendar year. The Secretary shall conduct annual
compliance audits of each employer with more than 100
employees who work in the United States if more than 15
percent of such employees are H-1B nonimmigrants.''.
(e) Penalties.--Section 212(n)(2)(C) of such Act, as
amended by this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';

[[Page S4997]]

(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this
section, is further amended by inserting after paragraph (2)
the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.''.

SEC. 1654. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case of an
alien spouse admitted under section 101(a)(15)(L), who'' and
inserting ``Except as provided in subparagraph (H), if an
alien spouse admitted under section 101(a)(15)(L)''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for
up to 12 months only if the employer operating the new
facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause
(i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
preceding 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the preceding 12 months
and the duties the beneficiary will perform at the new
facility during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii), and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a petition subsequently filed
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances beyond the control of
the importing employer.
``(iv) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall work cooperatively with
the Secretary of State to verify a company or facility's
existence in the United States and abroad.''.
(b) Restriction on Blanket Petitions.--Section 214(c)(2)(A)
of such Act is amended to read as follows:
``(2)(A) The Secretary of Homeland Security may not permit
the use of blanket petitions to import aliens as
nonimmigrants described in section 101(a)(15)(L).''.
(c) Prohibition on Outplacement.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(H) An employer who imports 1 or more aliens as
nonimmigrants described in section 101(a)(15)(L) shall not
place, outsource, lease, or otherwise contract for the
placement of an alien admitted or provided status as an L-1
nonimmigrant with another employer.''.
(d) Investigations and Audits by Department of Homeland
Security.--
(1) Department of homeland security investigations.--
Section 214(c)(2) of such Act, as amended by this section, is
further amended by adding at the end the following:
``(I)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(L) with regard to the
employer's compliance with the requirements of this
subsection.
``(ii) If the Secretary of Homeland Security receives
specific credible information from a source who is likely to
have knowledge of an employer's practices, employment
conditions, or compliance with the requirements under this
subsection, the Secretary may conduct an investigation into
the employer's compliance with the requirements of this
subsection. The Secretary may withhold the identity of the
source from the employer, and the source's identity shall not
be subject to disclosure under section 552 of title 5, United
States Code.
``(iii) The Secretary of Homeland Security shall establish
a procedure for any person desiring to provide the Secretary
with information described in clause (ii) that may be used,
in whole or in part, as the basis for the commencement of an
investigation described in such clause, to provide the
information in writing on a form developed and provided by
the Secretary and completed by or on behalf of the person.
``(iv) No investigation described in clause (ii) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary of Homeland Security receives the information
not later than 24 months after the date of the alleged
failure.
``(v) Before commencing an investigation of an employer
under clause (i) or (ii), the Secretary of Homeland Security
shall provide notice to the employer of the intent to conduct
such investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an
investigation is commenced. The Secretary is not required to
comply with this clause if the Secretary determines that to
do so would interfere with an effort by the Secretary to
investigate or secure compliance by the employer with the
requirements of this subsection. There shall be no judicial
review of a determination by the Secretary under this clause.
``(vi) If the Secretary of Homeland Security, after an
investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer
has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties
with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such
determination. If such a hearing is requested, the Secretary
shall make a finding concerning the matter by not later than
120 days after the date of the hearing.
``(vii) If the Secretary of Homeland Security, after a
hearing, finds a reasonable basis to believe that the
employer has violated the requirements under this subsection,
the Secretary may impose a penalty under section
214(c)(2)(J).
``(viii) The Secretary of Homeland Security may conduct
surveys of the degree to which employers comply with the
requirements under this section and may conduct annual
compliance audits of employers that employ H-1B
nonimmigrants. The Secretary shall conduct annual compliance
audits of not less than 1 percent of the employers that
employ nonimmigrants described in section 101(a)(15)(L)
during the applicable calendar year. The Secretary shall
conduct annual compliance audits of each employer with more
than 100 employees who work in the United States if more than
15 percent of such employees are nonimmigrants described in
section 101(a)(15)(L).''.
(2) Reporting requirement.--Section 214(c)(8) of such Act
is amended by inserting ``(L),'' after ``(H),''.
(e) Penalties.--Section 214(c)(2) of such Act, as amended
by this section, is further amended by adding at the end the
following:
``(J)(i) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a failure by an
employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $2,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 1 year,

[[Page S4998]]

approve a petition for that employer to employ 1 or more
aliens as such nonimmigrants.
``(ii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 2 years, approve a petition filed for that
employer to employ 1 or more aliens as such nonimmigrants.
``(iii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (L)(i)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the employer shall be liable to employees harmed for
lost wages and benefits.''.
(f) Wage Determination.--
(1) Change in minimum wages.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(K)(i) An employer that employs a nonimmigrant described
in section 101(a)(15)(L) shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(aa) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(bb) the median average wage for all workers in the
occupational classification in the area of employment; or
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
``(ii) If an employer, in such previous period specified by
the Secretary of Homeland Security, employed 1 or more L-1
nonimmigrants, the employer shall provide to the Secretary of
Homeland Security the Internal Revenue Service Form W-2 Wage
and Tax Statement filed by the employer with respect to such
nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this
subparagraph for an employer, who has filed a petition to
import 1 or more aliens as nonimmigrants described in section
101(a)(15)(L), to--
``(I) require such a nonimmigrant to pay a penalty for
ceasing employment with the employer before a date mutually
agreed to by the nonimmigrant and the employer; or
``(II) fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--
``(aa) the opportunity to participate in health, life,
disability, and other insurance plans;
``(bb) the opportunity to participate in retirement and
savings plans; and
``(cc) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).
``(iv) The Secretary of Homeland Security shall determine
whether a required payment under clause (iii)(I) is a penalty
(and not liquidated damages) pursuant to relevant State
law.''.
(2) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.

SEC. 1655. WHISTLEBLOWER PROTECTIONS.

(a) H-1B Whistleblower Protections.--Section
212(n)(2)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed
by such violation for lost wages and benefits.''.
(b) L-1 Whistleblower Protections.--Section 214(c)(2) of
such Act, as amended by section 1654, is further amended by
adding at the end the following:
``(L)(i) It is a violation of this subparagraph for an
employer who has filed a petition to import 1 or more aliens
as nonimmigrants described in section 101(a)(15)(L) to take,
fail to take, or threaten to take or fail to take, a
personnel action, or to intimidate, threaten, restrain,
coerce, blacklist, discharge, or discriminate in any other
manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) An employer that violates this subparagraph shall be
liable to the employees harmed by such violation for lost
wages and benefits.
``(iii) In this subparagraph, the term `employee'
includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.

SEC. 1656. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

(a) In General.--The Secretary of Labor is authorized to
hire 200 additional employees to administer, oversee,
investigate, and enforce programs involving H-1B nonimmigrant
workers.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
______

SA 950. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

On page 163, between lines 6 and 7, insert the following:
(v) incorporating 21st century learning skills into the
State plan, which skills shall include critical thinking,
problem solving, communication, collaboration, global
awareness, and business and financial literacy.
______

SA 951. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

On page 153, between lines 12 and 13, insert the following:
(M) distance learning projects for critical foreign
language learning.
______

SA 952. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E--GENERAL PROVISIONS

SEC. 5001. COLLECTION OF DATA RELATING TO TRADE IN SERVICES.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Commerce shall
establish a program within the Bureau of Economic Analysis to
collect and study data relating to export and import of
services. As part of the program, the Secretary shall
annually--
(1) provide data collection and analysis relating to export
and import of services;
(2) collect and analyze data for service imports and
exports in not less than 40 service industry categories, on a
state-by-state basis;
(3) include data collection and analysis of the employment
effects of exports and imports on the service industry; and
(4) integrate ongoing and planned data collection and
analysis initiatives in research and development and
innovation.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Commerce $3,000,000
for each of the fiscal years 2008, 2009, 2010, 2011, 2012, to
carry out the provisions of this section.
______

SA 953. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

Beginning on page 85, strike line 18 and all that follows
through page 86, line 5, and insert the following:
Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C.
16311(b)) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) $5,000,000,000 for fiscal year 2008;
``(3) $6,000,000,000 for fiscal year 2009;
``(4) $7,000,000,000 for fiscal year 2010; and
``(5) $8,000,000,000 for fiscal year 2011.''.
______

SA 954. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

Strike section 2005 and insert the following:

SEC. 2005. ADVANCED RESEARCH PROJECTS ADMINISTRATION-ENERGY.

(a) Establishment.--There is established the Advanced
Research Projects Administration-Energy (referred to in this
section as ``ARPA-E'').

[[Page S4999]]

(b) Goals.--The goals of ARPA-E are to reduce the quantity
of energy the United States imports from foreign sources and
to improve the competitiveness of the United States economy
by--
(1) promoting revolutionary changes in the critical
technologies that would promote energy competitiveness;
(2) turning cutting-edge science and engineering into
technologies for energy and environmental application; and
(3) accelerating innovation in energy and the environment
for both traditional and alternative energy sources and in
energy efficiency mechanisms to--
(A) reduce energy use;
(B) decrease the reliance of the United States on foreign
energy sources; and
(C) improve energy competitiveness.
(c) Director.--
(1) In general.--ARPA-E shall be headed by a Director
(referred to in this section as the ``Director'') appointed
by the President.
(2) Positions at level v.--Section 5316 of title 5, United
States Code, is amended by adding at the end the following:
``Director, Advanced Research Projects Administration-
Energy.''.
(d) Duties.--
(1) In general.--In carrying out this section, the Director
shall award competitive grants, cooperative agreements, or
contracts to institutions of higher education, companies, or
consortia of such entities (which may include federally
funded research and development centers) to achieve the goal
described in subsection (b) through acceleration of--
(A) energy-related research;
(B) development of resultant techniques, processes, and
technologies, and related testing and evaluation; and
(C) demonstration and commercial application of the most
promising technologies and research applications.
(2) Small-business concerns.--The Director shall carry out
programs established under this section, to the maximum
extent practicable, in a manner that is similar to the Small
Business Innovation Research Program established under
section 9 of the Small Business Act (15 U.S.C. 638) to ensure
that small-business concerns are fully able to participate in
the programs.
(e) Personnel.--
(1) Program managers.--
(A) Appointment.--The Director shall appoint employees to
serve as program managers for each of the programs that are
established to carry out the duties of ARPA-E under this
section.
(B) Duties.--Program managers shall be responsible for--
(i) establishing research and development goals for the
program, as well as publicizing goals of the program to the
public and private sectors;
(ii) soliciting applications for specific areas of
particular promise, especially areas for which the private
sector cannot or will not provide funding;
(iii) selecting research projects for support under the
program from among applications submitted to ARPA-E, based
on--

(I) the scientific and technical merit of the proposed
projects;
(II) the demonstrated capabilities of the applicants to
successfully carry out the proposed research project; and
(III) such other criteria as are established by the
Director; and

(iv) monitoring the progress of projects supported under
the program.
(2) Other personnel.--
(A) In general.--Subject to subparagraph (B), the Director
shall appoint such employees as are necessary to carry out
the duties of ARPA-E under this section.
(B) Limitations.--The Director shall appoint not more than
250 employees to carry out the duties of ARPA-E under this
section, including not less than 180 technical staff, of
which--
(i) not less than 20 staff shall be senior technical
managers (including program managers designated under
paragraph (1)); and
(ii) not less than 80 staff shall be technical program
managers.
(3) Experimental personnel authority.--In appointing
personnel for ARPA-E, the Director shall have the hiring and
management authorities described in section 1101 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 5 U.S.C. 3104 note).
(4) Maximum duration of employment.--
(A) Program managers and senior technical managers.--
(i) In general.--Subject to clause (ii), a program manager
and a senior technical manager appointed under this
subsection shall serve for a term not to exceed 4 years after
the date of appointment.
(ii) Extensions.--The Director may extend the term of
employment of a program manager or a senior technical manager
appointed under this subsection for not more than 4 years
through 1 or more 2-year terms.
(B) Technical program managers.--A technical program
manager appointed under this subsection shall serve for a
term not to exceed 6 years after the date of appointment.
(5) Location.--The office of an officer or employee of
ARPA-E shall not be located in the headquarters of the
Department of Energy.
(f) Transactions Other Than Contracts and Grants.--
(1) In general.--To carry out projects through ARPA-E, the
Director may enter into transactions (other than contracts,
cooperative agreements, and grants) to carry out advanced
research projects under this section under similar terms and
conditions as the authority is exercised under section 646(g)
of the Department of Energy Organization Act (42 U.S.C.
7256(g)).
(2) Peer review.--Peer review shall not be required for 75
percent of the research projects carried out by the Director
under this section.
(g) Prizes for Advanced Technology Achievements.--The
Director may carry out a program to award cash prizes in
recognition of outstanding achievements in basic, advanced,
and applied research, technology development, and prototype
development that have the potential for application to the
performance of the mission of ARPA-E under similar terms and
conditions as the authority is exercised under section 1008
of the Energy Policy Act of 2005 (42 U.S.C. 16396).
(h) Coordination of Activities.--The Director--
(1) shall ensure that the activities of ARPA-E are
coordinated with activities of Department of Energy offices
and outside agencies; and
(2) may carry out projects jointly with other agencies.
(i) Report.--Not later than September 30, 2008, the
Director shall submit to Congress a report on the activities
of ARPA-E under this section, including a recommendation on
whether ARPA-E needs an energy research laboratory.
(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $300,000,000 for fiscal year 2008;
(2) $600,000,000 for fiscal year 2009;
(3) $1,100,000,000 for fiscal year 2010;
(4) $1,500,000,000 for fiscal year 2011; and
(5) $2,000,000,000 for fiscal year 2012.
______

SA 955. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . PROHIBITION AGAINST FUNDING ANTI-COMPETITIVENESS

Notwithstanding any other provision of the Law; no federal
funds shall be provided to any organization or entity that
advocates against tax competition or United States tax
competitiveness.
______

SA 956. Mr. CRAPO (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE REGARDING CAPITAL MARKETS.

(a) Findings.--The Senate finds that--
(1) United States capital markets are losing their
competitive edge in the face of intensifying global
competition, posing a risk to economic growth, a problem that
is well-documented in initial public offerings (IPO), over-
the-counter (OTC) derivatives, securitization, and
traditional lending;
(2) according to the Senator Charles E. Schumer and Mayor
Michael R. Bloomberg report, entitled ``Sustaining New York's
and the US's Global Financial Services Leadership'', ``In
looking at several of the critical contested investment
banking and sales and trading markets--initial public
offerings (IPOs), over-the-counter (OTC) derivatives, and
debt--it is clear that the declining position of the US goes
beyond this natural market evolution to more controllable,
intrinsic issues of US competitiveness. As market
effectiveness, liquidity and safety become more prevalent in
the world's financial markets, the competitive arena for
financial services is shifting toward a new set of factors--
like availability of skilled people and a balanced and
effective legal and regulatory environment--where the US is
moving in the wrong direction.'';
(3) further, the report referred to in paragraph (2) stated
that--
(A) ``The IPO market also offers the most dramatic
illustration of the change in capital-raising needs around
the world, and US exchanges are rapidly losing ground to
foreign rivals. When looking at all IPOs that took place
globally in 2006, the share of IPO volume attracted by US
exchanges is barely one-third of that captured in 2001. By
contrast, the global share of IPO volume captured by European
exchanges has expanded by more than 30 percent over the same
period, while non-Japan Asian markets have doubled their
equivalent market share since 2001. When one considers mega-
IPOs - those over $1 billion - US exchanges attracted 57
percent of such transactions in 2001, compared with just 16
percent during the first ten months of 2006.''; and
(B) ``London already enjoys clear leadership in the fast-
growing and innovative over-the-counter (OTC) derivatives
market. This is significant because of the trading flow that
surrounds derivatives markets and because of the innovation
these markets drive, both of which are key competitive
factors for financial centers. Dealers and investors
increasingly see derivatives and cash markets as
interchangeable and are therefore combining trading
operations for both products.

[[Page S5000]]

Indeed, the derivatives markets can be more liquid than the
underlying cash markets. Therefore, as London takes the
global lead in derivatives, America's competitiveness in both
cash and derivatives flow trading is at risk, as is its
position as a center for financial innovation.'';
(4) on March 13, 2007, the Department of the Treasury
convened a conference on United States capital markets
competitiveness, where--
(A) key policymakers, consumer advocates, members of the
international community, business representatives, and
academic experts, each with different perspectives, discussed
ways to keep United States capital markets the strongest and
most innovative in the world; and
(B) conference delegates examined the impact of the United
States regulatory structure and philosophy, the legal and
corporate governance environment, and the auditing profession
and financial reporting on United States capital markets
competitiveness;
(5) the foundation of any competitive capital market is
investor confidence, and since1930, the United States has
required some of the most extensive financial disclosures,
supported by one of the most robust enforcement regimes in
the world;
(6) a balanced regulatory system is essential to protecting
investors and the efficient functioning of capital markets;
and
(7) too much regulation stifles entrepreneurship,
competition, and innovation, and too little regulation
creates excessive risk to industry, investors, and the
overall system.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) Congress, the President, regulators, industry leaders,
and other stakeholders should take the necessary steps to
reclaim the preeminent position of the United States in the
global financial services marketplace;
(2) the Federal and State financial regulatory agencies
should, to the maximum extent possible, coordinate activities
on significant policy matters, so as not to impose
regulations that may have adverse unintended consequences on
innovativeness with respect to financial products,
instruments, and services, or that impose regulatory costs
that are disproportionate to their benefits, and, at the same
time, ensure that the regulatory framework overseeing the
United States capital markets continues to promote and
protect the interests of investors in those markets; and
(3) given the complexity of the financial services
marketplace today, Congress should exercise vigorous
oversight over Federal regulatory and statutory requirements
affecting the financial services industry and consumers, with
the goal of eliminating excessive regulation and problematic
implementation of existing laws and regulations, while
ensuring that necessary investor protections are not
compromised.
______

SA 957. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

On page 98, line 14, insert after ``master's degree
programs'' the following: ``, or full-time online master's
degree programs,''.
On page 99, line 5, strike ``critical foreign language''
and insert the following: ``a critical foreign language, or
on behalf of a department or school with a competency-based
degree program (in mathematics, engineering, science, or a
critical foreign language) that includes teacher
certification,''.
Beginning on page 100, strike line 16 and all that follows
through page 101, line 3, and insert the following:
(ii)(I)(aa) a department within the eligible recipient that
provides a program of study in mathematics, engineering,
science, or a critical foreign language; and
(bb) a school or department within the eligible recipient
that provides a teacher preparation program, or a 2-year
institution of higher education that has a teacher
preparation offering or a dual enrollment program with the
eligible recipient; or
(II) a department or school within the eligible recipient
with a competency-based degree program (in mathematics,
engineering, science, or a critical foreign language) that
includes teacher certification; and
(iii) not less than 1 high-need local
On page 103, line 13, insert before the semicolon the
following: ``or how a department or school participating in
the partnership with a competency-based degree program has
ensured, in the development of a baccalaureate degree program
in mathematics, science, engineering, or a critical foreign
language, the provision of concurrent teacher certification,
including providing student teaching and other clinical
classroom experiences''.
On page 109, line 11, insert after ``grams'' the following:
``, or full-time online master's degree programs,''.
On page 109, line 24, insert before the semicolon the
following: ``, or how a department or school with a
competency-based degree program has ensured, in the
development of a master's degree program, the provision of
rigorous studies in mathematics, science, or a critical
foreign language that enhance the teachers' content knowledge
and teaching skills''.
On page 111, line 16, insert after ``program'' the
following: ``, or a full-time online master's degree
program,''.
______

SA 958. Mr. DORGAN submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FEASIBILITY STUDY ON FREE ONLINE COLLEGE DEGREE
PROGRAM.

(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Commerce shall enter
into a contract with the National Academy of Sciences to
conduct and complete a feasibility study on creating a
national, free online college degree program that would be
available to all individuals described under section
484(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(5)) who wish to pursue a degree in a field of
strategic importance to the United States and where expertise
is in demand, such as mathematics, sciences, and foreign
languages. The study shall look at the need for a free
college degree program as well as the feasibility of--
(1) developing online course content;
(2) developing sufficiently rigorous tests to determine
mastery of a field of study; and
(3) sustaining the program through private funding.
(b) Study.--The study described in subsection (a) shall
also include a review of existing online education programs
to determine the extent to which these programs offer a
rigorous curriculum in areas like mathematics and science and
the National Academy of Sciences shall make recommendations
for how online degree programs can be assessed and
accredited.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $500,000 for
fiscal year 2008.
______

SA 959. Mr. NELSON of Florida (for himself and Mr. Webb) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

At the end of division A, add the following new title:

TITLE VI--BROADBAND REPORTING REQUIREMENTS

SEC. 1601. BROADBAND REPORTING REQUIREMENTS.

(a) Reporting Requirements.--
(1) General requirements.--The Federal Communications
Commission shall revise FCC Form 477 reporting requirements
within 180 days after the date of enactment of this Act to
require broadband service providers to report the following
information:
(A) Identification of where the provider provides broadband
service to customers, identified by zip code plus 4 digit
location (hereinafter referred to as ``service area'').
(B) Percentage of households and businesses in each service
area that are offered broadband service by the provider, and
the percentage of such households that subscribe to each
service plan offered.
(C) The average price per megabyte of download speed and
upload speed in each service area.
(D) Identification by service area of the provider's
broadband service's--
(i) actual average throughput; and
(ii) contention ratio of the number of users sharing the
same line.
(2) Exception.--The Federal Communications Commission shall
exempt a broadband service provider from the requirements in
paragraph (1) if the Commission determines that a provider's
compliance with the reporting requirements is cost
prohibitive, as defined by the Commission.
(b) Demographic Information for Unserved Areas.--The
Federal Communications Commission, using available Census
Bureau data, shall provide to Congress, on an annual basis, a
report containing the following information for each service
area that is not served by any broadband service provider--
(1) population;
(2) population density; and
(3) average per capita income.
______

SA 960. Mr. LEVIN (for himself and Mr. Voinovich) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

On page 48, line 9, strike ``ocean'' and insert ``ocean,
coastal, Great Lakes,''
On page 48, line 22, insert ``Great Lakes,'' after
``coastal,''.
______

SA 961. Mr. BROWN (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the bill S. 761, to invest
in innovation and education to improve the competitiveness of the
United States in the global economy; which was ordered to lie on the
table; as follows:

On page 24, between lines 19 and 20, insert the following:

[[Page S5001]]

SEC. 1203. REVOLVING LOAN FUNDS FOR SMALL MANUFACTURERS.

(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means a Regional Center
for the Transfer of Manufacturing Technology described in
section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k).
(2) Manufacturing extension partnership program.--The term
``Manufacturing Extension Partnership program'' means the
program under sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l).
(3) Revolving loan fund.--The term ``revolving loan fund''
means a revolving loan fund described in subsection (d).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Small manufacturer.--The term ``small manufacturer''
means a manufacturer with less than $50,000,000 in annual
sales.
(b) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants to States to establish revolving loan funds.
(2) Maximum amount.--The Secretary may not award a grant
under this section in an amount that exceeds $10,000,000.
(3) Multiple grant awards.--A State may not receive more
than 1 grant under this section in any fiscal year.
(c) Criteria for the Awarding of Grants.--
(1) Matching funds.--The Secretary may not make a grant to
a State under this section unless the State agrees to provide
contributions in an amount equal to not less than 25 percent
of the Federal funds provided under the grant.
(2) Administrative costs.--A State receiving a grant under
this section may only use such amount of the grant for the
costs of administering the revolving loan fund as the
Secretary shall provide in regulations.
(3) Preference.--In awarding grants each year, the
Secretary shall give preference to States that have not
previously been awarded a grant under this section.
(4) Application.--
(A) In general.--Each State seeking a grant under this
section shall submit to the Secretary an application therefor
in such form and in such manner as the Secretary considers
appropriate.
(B) Content.--Each application submitted under subparagraph
(A) shall contain the following:
(i) Evidence that the applicant can establish and
administer a revolving loan fund.
(ii) The applicant's need for a grant under this section.
(iii) The impact that receipt of a grant under this section
would have on the applicant.
(d) Revolving Loan Funds.--
(1) In general.--A State receiving a grant under this
section shall establish, maintain, and administer a revolving
loan fund in accordance with this subsection.
(2) Deposits.--A revolving loan fund shall consist of the
following:
(A) Amounts from grants awarded under this section.
(B) All amounts held or received by the State incident to
the provision of loans described in subsection (e), including
all collections of principal and interest.
(3) Expenditures.--Amounts in the revolving loan fund shall
be available for the provision and administration of loans in
accordance with subsection (e).
(4) Administration.--A State may enter into an agreement
with a Center to administer a revolving loan fund.
(e) Loans.--
(1) In general.--A State receiving a grant under this
section shall use the amount in the revolving loan fund to
make the following loans:
(A) Stage-1 loans.--A stage-1 loan means a loan made to a
small manufacturer in an amount not to exceed $50,000, for
new product development to conduct the following:
(i) Patent research.
(ii) Market research.
(iii) Technical feasibility testing.
(iv) Competitive analysis.
(B) Stage-2 loans.--A stage-2 loan means a loan made to a
small manufacturer in an amount not to exceed $100,000 to
develop a prototype of and test a new product.
(2) Loan terms and conditions.--The following shall apply
with respect to loans provided under paragraph (1):
(A) Duration.--Except as provided in subparagraph (B),
loans shall be for a period not to exceed 10 years.
(B) Prepayment.--A recipient of a loan may prepay such loan
at any time without penalty.
(C) Interest rate.--Loans shall bear interest at a rate of
3.5 percent annually.
(D) Accrual of interest.--Loans shall accrue interest
during the entire duration of the loan.
(E) Payment of interest.--A State may not require a
recipient of a loan to make interest payments on such loan
during the first 3 years of such loan.
(F) Collateral.--No collateral or personal guaranty shall
be required for receipt of a loan.
(G) Secured interest in intellectual property.--Each loan
shall be secured by an interest in any intellectual property
developed by the recipient of such loan through the use of
amounts from such loan.
(H) Development of business plans and budgets.--Each
recipient of a loan shall develop, in cooperation with a
Center, a business plan and a budget for the use of loan
amounts.
(I) Preference for loan applicants that participate in the
manufacturing extension partnership program.--In selecting
small manufacturers to receive a loan, a recipient of a grant
under this section shall give preference to small
manufacturers that are participants in the Manufacturing
Extension Partnership program.
(J) Location of product development.--Each recipient of a
loan shall commit to developing and manufacturing the product
for which a loan is sought in the State that provides the
loan for the duration of the loan if such product is
developed during such duration.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out the
provisions of this section, $52,000,000 for each of the
fiscal years 2008 through 2014, of which--
(1) $50,000,000 shall be for providing grants under this
section; and
(2) $2,000,000 shall be for the costs of administering
grants awarded under this section.
______

SA 962. Mr. SANDERS submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie on the table; as follows:

At the end, add the following:

DIVISION E--GENERAL PROVISIONS

SEC. 5001. REQUIREMENTS FOR RECEIPT OF FEDERAL ASSISTANCE BY
CERTAIN LARGE BUSINESS ENTITIES.

(a) Information Required.--Each Federal department or
agency that provides grants, loans, or loan guarantees to
certain large business entities after the date of the
enactment of this Act shall require that, as a condition of
that grant, loan, or loan guarantee, the business entity
shall provide to the department or agency on an annual basis
for the duration of the grant, loan, or loan guarantee the
following information:
(1) The number of individuals employed by the business
entity in the United States.
(2) The number of individuals employed by the business
entity outside the United States.
(3) A description of the wages and benefits being provided
to the employees of the business entity in the United States.
(4) A description of the wages and benefits being provided
to the employees of the business entity outside the United
States.
(b) Certification Regarding Layoffs.--In addition to the
information required under subsection (a), beginning on the
date that is 1 year after the date on which a Federal
department or agency provides a grant, loan, or loan
guarantee to a large business entity, the department or
agency shall require the business entity to provide to the
department or agency on an annual basis for the duration of
the grant, loan, or loan guarantee a written certification
that contains the following information:
(1) The percentage of the workforce of the business entity
employed in the United States that has been laid off or
induced to resign from the business entity during the 12-
month period preceding the submission of the certification.
(2) The percentage of the total workforce of the business
entity that has been laid off or induced to resign from the
business entity during the 12-month period preceding the
submission of the certification.
(c) Prohibition on Federal Assistance to Certain Large
Business Entities That Lay Off a Greater Percentage of
Workers in the United States Than in Other Countries.--
Notwithstanding any other provision of law, if, in the
written certification provided to a Federal department or
agency by a large business entity under subsection (b), the
percentage described in paragraph (1) of subsection (b) is
greater than the percentage described in paragraph (2) of
subsection (b), the business entity shall be ineligible for
further assistance from the department or agency. The
business entity shall also be ineligible for assistance from
any other Federal department or agency, unless and until the
business entity provides to the department or agency a
written certification that the number of employees of the
business entity in the United States is in the same
proportion to the number of the employees of the business
entity worldwide, as that number was, on the later of--
(1) the date the business entity last made a certification
under subsection (b), concerning the same financial
assistance, that did not cause the business entity to become
ineligible under this subsection for further financial
assistance; or
(2) the date on which the business entity received the
financial assistance for which this certification is being
made.
(d) Definitions.--In this section:
(1) Business entity; large business entity.--The terms
``business entity'' and ``large business entity'' mean a
corporation, partnership, or any other business entity that
employs 1,000 or more employees, including the subsidiaries,
parent companies, and affiliated businesses of the entity.
(2) United states.--The term ``United States'' includes the
territories of the United States.
______

SA 963. Mr. DURBIN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him

[[Page S5002]]

to the bill S. 761, to invest in innovation and education to improve
the competitiveness of the United States in the global economy; which
was ordered to lie on the table; as follows:

On page 3, after line 5, add the following:

Subtitle _--H-1B and L-1 Visa Fraud and Abuse Prevention

SEC. __1. SHORT TITLE.

This subtitle may be cited as the ``H-1B and L-1 Visa Fraud
and Abuse Prevention Act of 2007''.

SEC. __2. H-1B EMPLOYER REQUIREMENTS.

(a) Application of Nondisplacement and Good Faith
Recruitment Requirements to All H-1B Employers.--
(1) Amendments.--Section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E);

(I) in clause (i), by striking ``(E)(i) In the case of an
application described in clause (ii), the'' and inserting
``(E) The''; and
(II) by striking clause (ii);

(ii) in subparagraph (F), by striking ``In the case of''
and all that follows through ``where--'' and inserting the
following: ``The employer will not place the nonimmigrant
with another employer if--''; and
(iii) in subparagraph (G), by striking ``In the case of an
application described in subparagraph (E)(ii), subject'' and
inserting ``Subject'';
(B) in paragraph (2)--
(i) in subparagraph (E), by striking ``If an H-1B-dependent
employer'' and inserting ``If an employer that employs H-1B
nonimmigrants''; and
(ii) in subparagraph (F), by striking ``The preceding
sentence shall apply to an employer regardless of whether or
not the employer is an H-1B-dependent employer.''; and
(C) by striking paragraph (3).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(b) Nondisplacement Requirement.--
(1) Extending time period for nondisplacement.--Section
212(n) of such Act, as amended by subsection (a), is further
amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``90 days'' each place
it appears and inserting ``180 days'';
(ii) in subparagraph (F)(ii), by striking ``90 days'' each
place it appears and inserting ``180 days''; and
(B) in paragraph (2)(C)(iii), by striking ``90 days'' each
place it appears and inserting ``180 days''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall apply to applications filed on or after the date
of the enactment of this Act; and
(B) shall not apply to displacements for periods occurring
more than 90 days before such date.
(c) Public Listing of Available Positions.--
(1) Listing of available positions.--Section 212(n)(1)(C)
of such Act is amended--
(A) in clause (i), by striking ``(i) has provided'' and
inserting the following:
``(ii)(I) has provided'';
(B) by redesignating clause (ii) as subclause (II); and
(C) by inserting before clause (ii), as redesignated, the
following:
``(i) has advertised the job availability on the list
described in paragraph (6), for at least 30 calendar days;
and''.
(2) List maintained by the department of labor.--Section
212(n) of such Act, as amended by this section, is further
amended by adding at the end the following:
``(6)(A) Not later than 90 days after the date of the
enactment of this paragraph, the Secretary of Labor shall
establish a list of available jobs, which shall be publicly
accessible without charge--
``(i) on a website maintained by the Department of Labor,
which website shall be searchable by--
``(I) the name, city, State, and zip code of the employer;
``(II) the date on which the job is expected to begin;
``(III) the title and description of the job; and
``(IV) the State and city (or county) at which the work
will be performed; and
``(ii) at each 1-stop center created under the Workforce
Investment Act of 1998 (Public Law 105-220).
``(B) Each available job advertised on the list shall
include--
``(i) the employer's full legal name;
``(ii) the address of the employer's principal place of
business;
``(iii) the employer's State, city, and zip code;
``(iv) the employer's Federal Employer Identification
Number;
``(v) the phone number, including area code and extension,
as appropriate, of the hiring official or other designated
official of the employer;
``(vi) the e-mail address, if available, of the hiring
official or other designated official of the employer;
``(vii) the wage rate to be paid for the position and, if
the wage rate in the offer is expressed as a range, the
bottom of the wage range;
``(viii) whether the rate of pay is expressed on an annual,
monthly, biweekly, weekly, or hourly basis;
``(ix) a statement of the expected hours per week that the
job will require;
``(x) the date on which the job is expected to begin;
``(xi) the date on which the job is expected to end, if
applicable;
``(xii) the number of persons expected to be employed for
the job;
``(xiii) the job title;
``(xiv) the job description;
``(xv) the city and State of the physical location at which
the work will be performed; and
``(xvi) a description of a process by which a United States
worker may submit an application to be considered for the
job.
``(C) The Secretary of Labor may charge a nominal filing
fee to employers who advertise available jobs on the list
established under this paragraph to cover expenses for
establishing and administering the requirements under this
paragraph.
``(D) The Secretary may promulgate rules, after notice and
a period for comment--
``(i) to carry out the requirements of this paragraph; and
``(ii) that require employers to provide other information
in order to advertise available jobs on the list.''.
(3) Effective date.--The amendments made by paragraph (1)--
(A) shall take effect on the date that is 30 days after the
creation of the list described in section 212(n)(6) of the
Immigration and Nationality Act, as added by paragraph (2);
and
(B) shall apply to all applications filed on or after such
date.
(d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or
Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of
such Act, as amended by this section, is further amended--
(1) by inserting after subparagraph (G) the following:
``(H)(i) The employer has not advertised the available jobs
specified in the application in an advertisement that states
or indicates that--
``(I) the job or jobs are only available to persons who are
or who may become H-1B nonimmigrants; or
``(II) persons who are or who may become H-1B nonimmigrants
shall receive priority or a preference in the hiring process.
``(ii) The employer has not only recruited persons who are,
or who may become, H-1B nonimmigrants to fill the job or
jobs.''; and
(2) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(K) The employer''.
(e) Prohibition of Outplacement.--
(1) In general.--Section 212(n) of such Act, as amended by
this section, is further amended--
(A) in paragraph (1), by amending subparagraph (F) to read
as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another
employer;'' and
(B) in paragraph (2), by striking subparagraph (E).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(f) Limit on Percentage of H-1B Employees.--Section
212(n)(1) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (d)(1), the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.
(g) Wage Determination.--
(1) Change in minimum wages.--Section 212(n)(1) of such
Act, as amended by this section, is further amended--
(A) by amending subparagraph (A) to read as follows:
``(A) The employer--
``(i) is offering and will offer, during the period of
authorized employment, to aliens admitted or provided status
as an H-1B nonimmigrant, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(I) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(II) the median average wage for all workers in the
occupational classification in the area of employment; or
``(III) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(ii) will provide working conditions for such a
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''; and
(B) in subparagraph (D), by inserting ``the wage
determination methodology used under subparagraph (A)(i),''
after ``shall contain''.
(2) Provision of w-2 forms.--Section 212(n)(1) of such Act
is amended by inserting after subparagraph (I), as added by
subsection (f), the following:
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B
nonimmigrants, the employer shall submit to the Secretary the
Internal Revenue Service Form W-2 Wage and Tax Statement
filed by the employer with respect to such nonimmigrants for
such period.''.

[[Page S5003]]

(3) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(h) Immigration Documents.--Section 204 of such Act (8
U.S.C. 1154) is amended by adding at the end the following:
``(l) Employer To Share All Immigration Paperwork Exchanged
With Federal Agencies.--Not later than 10 working days after
receiving a written request from a former, current, or future
employee or beneficiary, an employer shall provide the
employee or beneficiary with the original (or a certified
copy of the original) of all petitions, notices, and other
written communication exchanged between the employer and the
Department of Labor, the Department of Homeland Security, or
any other Federal agency that is related to an immigrant or
nonimmigrant petition filed by the employer for the employee
or beneficiary.''.

SEC. __3. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in
Application Review Process.--Section 212(n)(1)(K) of the
Immigration and Nationality Act, as redesignated by section
__2(d)(2), is amended--
(1) by inserting ``and through the website of the
Department of Labor, without charge.'' after ``D.C.'';
(2) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation
of material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact,
the Secretary may conduct an investigation and hearing under
paragraph (2).
(b) Investigations by Department of Labor.--Section
212(n)(2) of such Act is amended--
(1) in subparagraph (A)--
(A) by striking ``12 months'' and inserting ``24 months'';
and
(B) by striking ``The Secretary shall conduct'' and all
that follows and inserting ``Upon the receipt of such a
complaint, the Secretary may initiate an investigation to
determine if such a failure or misrepresentation has
occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employer's compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(G) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.'';
(H) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary may
impose a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2) of such
Act, as amended by this section, is further amended by
inserting after subparagraph (G) the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor
with any information contained in the materials submitted by
H-1B employers as part of the adjudication process that
indicates that the employer is not complying with H-1B visa
program requirements. The Secretary may initiate and conduct
an investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended
by this section, is further amended by adding at the end the
following: ``The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
subsection and may conduct annual compliance audits of
employers that employ H-1B nonimmigrants. The Secretary shall
conduct annual compliance audits of not less than 1 percent
of the employers that employ H-1B nonimmigrants during the
applicable calendar year. The Secretary shall conduct annual
compliance audits of each employer with more than 100
employees who work in the United States if more than 15
percent of such employees are H-1B nonimmigrants.''.
(e) Penalties.--Section 212(n)(2)(C) of such Act, as
amended by this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this
section, is further amended by inserting after paragraph (2)
the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.''.

SEC. __4. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case of an
alien spouse admitted under section 101(a)(15)(L), who'' and
inserting ``Except as provided in subparagraph (H), if an
alien spouse admitted under section 101(a)(15)(L)''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for
up to 12 months only if the employer operating the new
facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause
(i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
preceding 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the preceding 12 months
and the duties

[[Page S5004]]

the beneficiary will perform at the new facility during the
extension period approved under this clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii), and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a petition subsequently filed
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances beyond the control of
the importing employer.
``(iv) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall work cooperatively with
the Secretary of State to verify a company or facility's
existence in the United States and abroad.''.
(b) Restriction on Blanket Petitions.--Section 214(c)(2)(A)
of such Act is amended to read as follows:
``(2)(A) The Secretary of Homeland Security may not permit
the use of blanket petitions to import aliens as
nonimmigrants described in section 101(a)(15)(L).''.
(c) Prohibition on Outplacement.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(H) An employer who imports 1 or more aliens as
nonimmigrants described in section 101(a)(15)(L) shall not
place, outsource, lease, or otherwise contract for the
placement of an alien admitted or provided status as an L-1
nonimmigrant with another employer.''.
(d) Investigations and Audits by Department of Homeland
Security.--
(1) Department of homeland security investigations.--
Section 214(c)(2) of such Act, as amended by this section, is
further amended by adding at the end the following:
``(I)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(L) with regard to the
employer's compliance with the requirements of this
subsection.
``(ii) If the Secretary of Homeland Security receives
specific credible information from a source who is likely to
have knowledge of an employer's practices, employment
conditions, or compliance with the requirements under this
subsection, the Secretary may conduct an investigation into
the employer's compliance with the requirements of this
subsection. The Secretary may withhold the identity of the
source from the employer, and the source's identity shall not
be subject to disclosure under section 552 of title 5, United
States Code.
``(iii) The Secretary of Homeland Security shall establish
a procedure for any person desiring to provide the Secretary
with information described in clause (ii) that may be used,
in whole or in part, as the basis for the commencement of an
investigation described in such clause, to provide the
information in writing on a form developed and provided by
the Secretary and completed by or on behalf of the person.
``(iv) No investigation described in clause (ii) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary of Homeland Security receives the information
not later than 24 months after the date of the alleged
failure.
``(v) Before commencing an investigation of an employer
under clause (i) or (ii), the Secretary of Homeland Security
shall provide notice to the employer of the intent to conduct
such investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an
investigation is commenced. The Secretary is not required to
comply with this clause if the Secretary determines that to
do so would interfere with an effort by the Secretary to
investigate or secure compliance by the employer with the
requirements of this subsection. There shall be no judicial
review of a determination by the Secretary under this clause.
``(vi) If the Secretary of Homeland Security, after an
investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer
has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties
with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such
determination. If such a hearing is requested, the Secretary
shall make a finding concerning the matter by not later than
120 days after the date of the hearing.
``(vii) If the Secretary of Homeland Security, after a
hearing, finds a reasonable basis to believe that the
employer has violated the requirements under this subsection,
the Secretary may impose a penalty under section
214(c)(2)(J).
``(viii) The Secretary of Homeland Security may conduct
surveys of the degree to which employers comply with the
requirements under this section and may conduct annual
compliance audits of employers that employ H-1B
nonimmigrants. The Secretary shall conduct annual compliance
audits of not less than 1 percent of the employers that
employ nonimmigrants described in section 101(a)(15)(L)
during the applicable calendar year. The Secretary shall
conduct annual compliance audits of each employer with more
than 100 employees who work in the United States if more than
15 percent of such employees are nonimmigrants described in
section 101(a)(15)(L).''.
(2) Reporting requirement.--Section 214(c)(8) of such Act
is amended by inserting ``(L),'' after ``(H),''.
(e) Penalties.--Section 214(c)(2) of such Act, as amended
by this section, is further amended by adding at the end the
following:
``(J)(i) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a failure by an
employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $2,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 1 year, approve a petition for that
employer to employ 1 or more aliens as such nonimmigrants.
``(ii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 2 years, approve a petition filed for that
employer to employ 1 or more aliens as such nonimmigrants.
``(iii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (L)(i)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the employer shall be liable to employees harmed for
lost wages and benefits.''.
(f) Wage Determination.--
(1) Change in minimum wages.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(K)(i) An employer that employs a nonimmigrant described
in section 101(a)(15)(L) shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(aa) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(bb) the median average wage for all workers in the
occupational classification in the area of employment; or
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
``(ii) If an employer, in such previous period specified by
the Secretary of Homeland Security, employed 1 or more L-1
nonimmigrants, the employer shall provide to the Secretary of
Homeland Security the Internal Revenue Service Form W-2 Wage
and Tax Statement filed by the employer with respect to such
nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this
subparagraph for an employer, who has filed a petition to
import 1 or more aliens as nonimmigrants described in section
101(a)(15)(L), to--
``(I) require such a nonimmigrant to pay a penalty for
ceasing employment with the employer before a date mutually
agreed to by the nonimmigrant and the employer; or
``(II) fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--
``(aa) the opportunity to participate in health, life,
disability, and other insurance plans;
``(bb) the opportunity to participate in retirement and
savings plans; and
``(cc) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).

[[Page S5005]]

``(iv) The Secretary of Homeland Security shall determine
whether a required payment under clause (iii)(I) is a penalty
(and not liquidated damages) pursuant to relevant State
law.''.
(2) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.

SEC. __5. WHISTLEBLOWER PROTECTIONS.

(a) H-1B Whistleblower Protections.--Section
212(n)(2)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed
by such violation for lost wages and benefits.''.
(b) L-1 Whistleblower Protections.--Section 214(c)(2) of
such Act, as amended by section __4, is further amended by
adding at the end the following:
``(L)(i) It is a violation of this subparagraph for an
employer who has filed a petition to import 1 or more aliens
as nonimmigrants described in section 101(a)(15)(L) to take,
fail to take, or threaten to take or fail to take, a
personnel action, or to intimidate, threaten, restrain,
coerce, blacklist, discharge, or discriminate in any other
manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) An employer that violates this subparagraph shall be
liable to the employees harmed by such violation for lost
wages and benefits.
``(iii) In this subparagraph, the term `employee'
includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.

SEC. __6. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

(a) In General.--The Secretary of Labor is authorized to
hire 200 additional employees to administer, oversee,
investigate, and enforce programs involving H-1B nonimmigrant
workers.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
______

SA 964. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 761, to invest in innovation and education to
improve the competitiveness of the United States in the global economy;
which was ordered to lie ont he table; as follows:

On page 36, between lines 14 and 15, insert the following:
(c) Development of Science Parks.--
(1) Finding.--Section 2 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701) is amended by adding
at the end the following:
``(12) It is in the best interests of the Nation to
encourage the formation of science parks to promote the
clustering of innovation through high technology
activities.''.
(2) Definition.--Section 4 of such Act (15 U.S.C. 3703) is
amended by adding at the end the following:
``(14) `Business or industrial park' means a primarily for-
profit real estate venture of businesses or industries which
do not necessarily reinforce each other through supply chain
or technology transfer mechanisms.
``(15) `Science park'--
``(A) means a group of interrelated companies and
institutions, including suppliers, service providers,
institutions of higher education, start-up incubators, and
trade associations that--
``(i) cooperate and compete with each other;
``(ii) are located in a specific area whose administration
promotes real estate development, technology transfer, and
partnerships between such companies and institutions; and
``(B) does not mean a business or industrial park.
``(16) `Science park infrastructure' means facilities that
support the daily economic activity of a science park.''.
(3) Science parks.--The Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by
adding at the end the following:

``SEC. 24. SCIENCE PARKS.

``(a) Development of Plans for Construction of Science
Parks.--
``(1) In general.--The Secretary shall award grants for the
development of feasibility studies and plans for the
construction of new or expansion of existing science parks.
``(2) Limitation on amount of grants.--The amount of a
grant awarded under this subsection may not exceed $750,000.
``(3) Award.--
``(A) Competition required.--The Secretary shall award any
grant under this subsection pursuant to a full and open
competition.
``(B) Advertising.--The Secretary shall advertise any
competition under this paragraph in the Commerce Business
Daily.
``(C) Selection criteria.--The Secretary shall publish the
criteria to be utilized in any competition under this
paragraph for the selection of recipients of grants under
this subsection, which shall include requirements relating
to--
``(i) the number of jobs to be created at the science park
each year during its first 5 years;
``(ii) the funding to be required to construct or expand
the science park during its first 5 years;
``(iii) the amount and type of cost matching by the
applicant;
``(iv) the types of businesses and research entities
expected in the science park and surrounding community;
``(v) letters of intent by businesses and research entities
to locate in the science park;
``(vi) the expansion capacity of the science park during a
25-year period;
``(vii) the quality of life at the science park for
employees at the science park;
``(viii) the capability to attract a well trained workforce
to the science park;
``(ix) the management of the science park;
``(x) expected risks in the construction and operation of
the science park;
``(xi) risk mitigation;
``(xii) transportation and logistics;
``(xiii) physical infrastructure, including
telecommunications; and
``(xiv) ability to collaborate with other science parks
throughout the world.
``(4) Authorization of appropriations.--There are
authorized to be appropriated $7,500,000 for each of the
fiscal years 2008 through 2012 to carry out this subsection.
``(b) Loan Guarantees for Science Park Infrastructure.--
``(1) In general.--The Secretary may guarantee up to 80
percent of the loan amount for loans exceeding $10,000,000
for projects for the construction of science park
infrastructure.
``(2) Limitations on guarantee amounts.--The maximum amount
of loan principal guaranteed under this subsection may not
exceed--
``(A) $50,000,000 with respect to any single project; and
``(B) $500,000,000 with respect to all projects.
``(3) Selection of guarantee recipients.--The Secretary
shall select recipients of loan guarantees under this
subsection based upon the ability of the recipient to
collateralize the loan amount through bonds, equity,
property, and other such criteria as the Secretary shall
prescribe. Entities receiving a grant under subsection (a)
are not eligible for a loan guarantee during the period of
such grant.
``(4) Terms and conditions for loan guarantees.--The loans
guaranteed under this subsection shall be subject to such
terms and conditions as the Secretary may prescribe, except
that--
``(A) the final maturity of such loans made or guaranteed
may not exceed the lesser of--
``(i) 30 years and 32 days; or
``(ii) 90 percent of the useful life of any physical asset
to be financed by such loan;
``(B) a loan made or guaranteed under this subsection may
not be subordinated to another debt contracted by the
borrower or to any other claims against the borrowers in the
case of default;
``(C) a loan may not be guaranteed under this subsection
unless the Secretary determines that the lender is
responsible and that adequate provision is made for servicing
the loan on reasonable terms and protecting the financial
interest of the United States;
``(D) a loan may not be guaranteed under this subsection
if--
``(i) the income from such loan is excluded from gross
income for purposes of chapter 1 of the Internal Revenue Code
of 1986; or
``(ii) the guarantee provides significant collateral or
security, as determined by the Secretary, for other
obligations the income from which is so excluded;
``(E) any guarantee provided under this subsection shall be
conclusive evidence that--
``(i) the guarantee has been properly obtained;
``(ii) the underlying loan qualified for such guarantee;
and
``(iii) absent fraud or material misrepresentation by the
holder, the guarantee is presumed to be valid, legal, and
enforceable;
``(F) the Secretary shall prescribe explicit standards for
use in periodically assessing the credit risk of new and
existing direct loans or guaranteed loans;
``(G) the Secretary may not extend credit assistance unless
the Secretary has determined that there is a reasonable
assurance of repayment; and
``(H) new loan guarantees may not be committed except to
the extent that appropriations of budget authority to cover
their costs are made in advance, as required under section
504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
``(5) Payment of losses.--
``(A) In general.--If, as a result of a default by a
borrower under a loan guaranteed under this subsection, after
the holder has made such further collection efforts and
instituted such enforcement proceedings as the Secretary may
require, the Secretary determines that the holder has
suffered a loss, the Secretary shall pay to such holder the
percentage of such loss specified in the guarantee contract.
Upon making any such payment, the Secretary shall be
subrogated to

[[Page S5006]]

all the rights of the recipient of the payment. The Secretary
shall be entitled to recover from the borrower the amount of
any payments made pursuant to any guarantee entered into
under this section.
``(B) Enforcement of rights.--The Attorney General shall
take such action as may be appropriate to enforce any right
accruing to the United States as a result of the issuance of
any guarantee under this section.
``(C) Forbearance.--Nothing in this section may be
construed to preclude any forbearance for the benefit of the
borrower which may be agreed upon by the parties to the
guaranteed loan and approved by the Secretary, if budget
authority for any resulting subsidy costs (as defined under
the Federal Credit Reform Act of 1990) is available.
``(D) Management of property.--Notwithstanding any other
provision of law relating to the acquisition, handling, or
disposal of property by the United States, the Secretary may
complete, recondition, reconstruct, renovate, repair,
maintain, operate, or sell any property acquired by the
Secretary pursuant to the provisions of this section.
``(6) Review.--The Comptroller General of the United States
shall, not later than 2 years after the date of the enactment
of this section--
``(A) conduct a review of the subsidy estimates for the
loan guarantees under this subsection; and
``(B) submit to Congress a report on the review conducted
under this paragraph.
``(7) Termination.--A loan may not be guaranteed under this
subsection after September 30, 2012.
``(8) Authorization of appropriations.--There are
authorized to be appropriated--
``(A) $35,000,000 for the cost, as defined in section
502(5) of the Federal Credit Reform Act of 1990, of
guaranteeing $500,000,000 of loans under this subsection; and
``(B) $6,000,000 for administrative expenses for fiscal
year 2008, and such sums as necessary for administrative
expenses in subsequent years.
``(c) National Academy of Sciences Evaluation.--
``(1) In general.--The Secretary shall enter into an
agreement with the National Academy of Sciences under which
the Academy shall evaluate, every 3 years, the activities
under this section.
``(2) Tri-annual report.--Under the agreement entered into
under paragraph (1), the Academy shall submit to the
Secretary a report on its evaluation of science park
development under that paragraph. Each report may include
such recommendations as the Academy considers appropriate for
additional activities to promote and facilitate the
development of science parks in the United States.
``(d) Tri-Annual Report.--Not later than March 31 of every
third year, the Secretary shall submit to Congress a report
on the activities under this section during the preceding 3
years, including any recommendations made by the National
Academy of Sciences under subsection (c)(2) during such
period. Each report may include such recommendations for
legislative or administrative action as the Secretary
considers appropriate to further promote and facilitate the
development of science parks in the United States.
``(e) Rulemaking.--Not later than 1 year after the date of
the enactment of this section, the Secretary shall prescribe
regulations to carry out this section in accordance with with
Office of Management and Budget Circular A-129, `Policies for
Federal Credit Programs and Non-Tax Receivables'.''.

____________________