[Senate Report 107-291]
[From the U.S. Government Publishing Office]
107th Congress Report
SENATE
2d Session 107-291
======================================================================
NATIONAL SCIENCE FOUNDATION DOUBLING ACT
_______
September 18, 2002.--Ordered to be printed
_______
Mr. Kennedy, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
[To accompany S. 2817]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 2817) to authorize
appropriations for fiscal years 2003, 2004, 2005, 2006, and
2007 for the National Science Foundation, and for other
purposes, having considered the same, reports favorably thereon
and recommends that the bill do pass.
CONTENTS
Page
I. Introduction.....................................................1
II. Purpose and Summary..............................................3
III. Background and Need for Legislation..............................5
IV. Legislative History and Committee Action.........................6
V. Explanation of Bill and Committee Views..........................6
VI. Cost Estimate...................................................13
VII. Regulatory Impact Statement.....................................15
VIII.Application of Law to the Legislative Branch....................15
IX. Section-by-Section Analysis.....................................15
X. Changes in Existing Law.........................................20
I. Introduction
In 1944, President Franklin D. Roosevelt charged Vannevar
Bush, his chief science advisor, with evaluating the most
effective way to harness the nation's World War II
technological infrastructure in peace time. The Bush report--
``Science--The Endless Frontier''--established a strategy and
rationale for Federal support of basic scientific research. ``A
nation which depends upon others for its new basic scientific
knowledge will be slow in its industrial progress and weak in
its competitive position in world trade regardless of its
mechanical skill,'' the report stated. The report offered the
blueprint for what is now the National Science Foundation
(NSF).
NSF was established officially in 1950 to ``develop and
encourage the pursuit of a national policy for the promotion of
basic research and education in the sciences.'' Eight years
later, following the 1957 Soviet launch of the Sputnik
satellite, NSF's mission was expanded to provide greater
support for science education and literacy. Over the next three
decades, NSF became the primary Federal sponsor of basic
scientific research in mathematics, physical science, computer
science, engineering, and environmental science at colleges and
universities.
Today, NSF operates as an independent, non-political
Federal agency charged with two key functions: (1) promoting
high end research and development (R&D) in science, math,
engineering, and technology and (2) supporting a broadly
educated citizenry from kindergarten through the post-graduate
level in those same fields.
In recent years, NSF-supported basic research has led to
the creation of speech recognition software, doppler weather
radar, retail bar codes, fiber optic technology, and magnetic
resonance imaging (MRI) machines. After having taken over
management of the internet from the Department of Defense, NSF
funded the creation of the first world wide web browser,
Mosaic, the forerunner to present-day commercial browsers, such
as Netscape Communicator and Microsoft's Internet Explorer.
NSF has also become a primary catalyst for math and science
education reform. More than $900 million in NSF funding
supports education programs, many linked to teacher training
and graduate student training. Elementary and secondary
education level NSF programs focus on developing new models and
strategies for all students to access high quality educational
opportunities. Where proven successful, these models often have
been expanded and used as models by the United States
Department of Education. The NSF Urban and Rural Systemic
Initiatives of the late 1980s directed at standards-based math
and science education reform, for example, provided a model for
the major education reforms of the past two decades, including
the Goals 2000: Educate America Act program that served as a
framework for the 1994 Improving America's Schools Act and its
progeny, the No Child Left Behind Act of 2001--all reforms that
effect nearly every school district in the United States.
The largest current NSF education program is the Math and
Science Partnership initiative funded at $160 million in fiscal
year 2002 and requested by the Administration to increase to
$200 million in FY03. The Partnership program brings together
local school districts, university science, math, engineering,
and education departments, and professional scientists to train
K-12 teachers in advanced subject matter and innovative
pedagogical techniques.
NSF in sum receives nearly $5 billion in Federal
appropriations. Over 80 percent of the agency's budget is
dedicated toward research and development in all of the science
disciplines. The agency supplies only 4 percent of total
Federal research and development funding, but it supports over
50 percent of all federally funded, non-biomedical, basic
research carried out at the nation's colleges and universities.
NSF awards grants and contracts and enters into cooperative
agreements with more than 1,800 institutions of higher
education annually to carry out research and development
activities. Each year, over 30,000 proposals for funding are
submitted to NSF. The agency makes more than 10,000 new awards
annually based on a rigorous peer review process. Thus in any
given year, there are approximately 20,000 outstanding NSF
awards.
II. Purpose and Summary
S. 2817, as reported, is directed toward five key goals.
First, the committee is committed to doubling NSF's budget
authority over the next 5 years to reflect the recent history
of growth in support for research at the National Institutes of
Health. Doubling NSF's budget will promote increased Federal
support for scientific research and development, support
advancements in biomedical research, and help balance the
Federal research and development portfolio among the physical
and life sciences.
Second, the committee aims to improve math and science
teacher training and instruction at the elementary and
secondary levels to promote economic competitiveness and help
meet the student achievement demands outlined in the No Child
Left Behind Act of 2001.
Third, the committee intends to promote increased attention
and support for the long-neglected area of systemic secondary
school reform and improvement. Too often achievement gains in
math and science in the early years of formal education fade by
the time students graduate from high school.
Fourth, the committee seeks to increase the number of
students, especially women and minorities, specializing in math
and science in college and graduate school.
Finally, the committee is committed to reform of NSF's
major research and facilities equipment acquisition program to
guard against cost overruns and future earmarking.
S. 2817 targets annual NSF funding increases at 15 percent
to double the agency's budget in 5 years. Over this 5-year
period, the committee authorizes 16 percent annual increases in
the Research and Related Activities account; 15 percent annual
increases in the Education and Human Resources account; and 10
percent annual increases in the Major Research Equipment and
Facilities Construction, Salaries and Expenses, and Inspector
General accounts.
The bill includes new policy objectives to guide NSF
resource allocation over the life of the authorization. These
objectives include:
(1) Strengthening the Nation's lead in science and
technology by increasing the national investment in
basic science research; balancing the nation's research
portfolio among the life sciences and fundamental
disciplines that are important for the continued
development of technologies necessary for sustaining
international competitiveness; expanding the pool of
scientists and engineers; modernizing the Nation's
research infrastructure; and pursuing cooperative
international agreements with premier research
institutions;
(2) Improving the Nation's overall workforce skills
by providing students of all ages with access to
information technology; raising the quality of math and
science instruction, particularly in grades K-12;
increasing minority and low-income student higher
education enrollment rates; and expanding technical
training opportunities at institutions of higher
education;
(3) Strengthening innovation and scientific
development by identifying model policies at the local
and regional levels that foster innovation and
scientific development; expanding the focus of
competitiveness and innovation policy at the local and
regional levels; supporting initiatives that enhance
and mobilize regional innovation; and improving the
Nation's overall workforce skills and strengthening
innovation and scientific development; and
(4) Improving the Nation's overall workforce skills
and strengthening innovation and scientific
development.
The bill authorizes Math and Science Partnerships between
institutions of higher education and local school districts to
model ways to enhance the capacity of current K-12 teachers to
provide challenging math and science instruction to all
students by providing assistance from private industry and non-
profit employed mathematicians, scientists, and engineers to
teachers in and outside of the classroom. Funds may be used to:
create opportunities for enhanced and ongoing programs of
professional development that improves the subject matter
knowledge of teachers; promote strong teaching skills in math
and science teachers; establish summer professional development
institutes; recruit math, science, and engineering post-
secondary students into teaching; developing more rigorous math
and science curricula; establish distance learning programs for
math and science teachers and students; design programs to
prepare math and science teachers to deliver professional
development services to other math and science teachers; bring
math and science teachers into contact with professional
mathematicians and scientists; identify exemplary math and
science teachers; and develop programs that encourage women and
under-represented minorities to pursue post-secondary work and
careers in math and science.
The bill authorizes NSF to conduct and evaluate research
related to the science of teaching and learning math and
science in order to develop ways in which the results of
research can be applied, duplicated, and scaled up for use in
low-performing elementary and secondary schools.
The bill authorizes a systemic secondary school initiative
to model ways to improve secondary school student math and
science performance and preparation for collegiate-level or
technical work. This is accomplished through reforms such as
systemic alignment between secondary school curricula and
college freshman placement requirements; the creation of theme-
oriented small schools that promote math and science
achievement, the adoption of enriched math and science
curricula for all secondary school students, and strengthened
teacher training in math, science, and reading as it relates to
technical and specialized texts.
The bill authorizes $7,500 Robert C. Noyce Scholarships and
stipends for college juniors and seniors majoring in math or
science and stipends for post-graduate professional
mathematicians, scientists, and engineers who commit to working
as future teachers in high poverty schools for at least 2 years
following certification.
The bill authorizes multi-year ``tech talent'' competitive
grants to institutions of higher education to increase the
number of students studying toward and receiving undergraduate
degrees in science, math, engineering, and technology
disciplines. Projects may support training for
interdisciplinary instruction to improve college-level
teaching; undergraduate-conducted research to engage students
in applied science; mentor programs for students in groups
historically underrepresented in the sciences; internships with
private industry to heighten the relevance of academic
programs; and distance learning programs to further student
access to science research.
The bill continues authority for the Experimental Program
to Stimulate Competitive Research (EPSCoR) program that
promotes nationally competitive research and development
infrastructure in low-science resource states. It supports
partnerships among State Governments, universities, and the
private sector to enhance flagship institution infrastructure
in strategic research areas. The bill also provides outreach to
science and technology administrators and individual
researchers in EPSCoR states about NSF opportunities, policies,
programs, and procedures.
The bill requires NSF to carry out programs to advance the
goals of the Science and Engineering Equal Opportunities Act
(SEEOA), which includes increased participation by women and
minorities in the sciences at the undergraduate, graduate, and
post-graduate levels and in the professional world. The agency
must report annually to Congress on the effectiveness of SEEOA
activities.
The bill requires NSF to prioritize major research
equipment projects approved for inclusion in future budget
requests. NSF must rank major research equipment projects
according to established criteria. At a minimum, those criteria
are to include scientific merit, broad societal need and
probable impact, the readiness of plans for construction and
operation of a project, the applicant's management capacity,
interagency and international commitments, and the broad
scientific community's requested prioritization. NSF must
produce an estimate for total major research equipment project
costs over their full-life cycle, and the National Science
Board must expressly approve any major research equipment
project before NSF funds can be obligated. In order to promote
Board policy-making independence from agency management, the
Board is granted authority to hire its own staff.
Finally, the bill guards release of human subject research
information, except in statistical or abstract forms. Only NSF-
authorized personnel may access research information that
identifies individual human subjects. Further, the bill
authorizes a maximum $10,000 fine and 5 years imprisonment
penalty to be imposed on those who violate NSF confidentiality
provisions.
III. Background and Need for Legislation
The National Science Foundation Act of 1950 authorizes NSF
to initiate and support basic research and to strengthen and
support mathematics, science and engineering education at all
levels. NSF's authorization expires at the conclusion of fiscal
year 2002. S. 2817 extends NSF's authorization through the
conclusion of fiscal year 2007.
IV. Legislative History and Committee Action
On July 29, 2002, S. 2817, the National Science Foundation
Doubling Act, was introduced by Senators Kennedy, Hollings,
Bond, and Mikulski and referred to the Committee on Health,
Education, Labor, and Pensions. The bill, as reported, was
informed by the committee's July 19, 2002, hearing on the
reauthorization of NSF and relevant legislation introduced
during the 107th Congress.
In developing a bipartisan amendment in the nature of a
substitute, the committee considered and incorporated elements
of:
S. 461, the Mathematics and Science Partnership Act,
introduced by Senator Frist on March 6, 2001;
S. 478, the Engineering, Science, Technology, and
Mathematics Education Act, introduced by Senators
Roberts, Bingaman, and Kennedy;
S. 1262, the National Mathematics and Science
Partnerships Act, sponsored by Senators Rockefeller,
Bingaman, Breaux, Cantwell, Cochran, Conrad, Harkin,
Kennedy, Miller, Roberts, and Stabenow;
S. 1549, the Technology Talent Act of 2001, sponsored
by Senators Lieberman, Allen, Bayh, Bingaman, Bond,
Carnahan, Cochran, Dayton, Domenici, Frist, Kerry,
Landrieu, Mikulski, Miller, Wellstone, and Wyden; and
S. 2902, the Mathematics and Science Education
Excellence Act of 2002, sponsored by Senators Frist and
Roberts.
On September 5, 2002, the committee met in executive
session to consider S. 2817. A quorum being present, the
committee moved to consider S. 2817. One amendment in the
nature of a substitute was offered by Chairman Kennedy and
Ranking Member Gregg and was agreed to by unanimous voice vote.
Thereafter, the committee agreed to report S. 2817, as amended,
favorably by unanimous voice vote.
V. Explanation of Bill and Committee Views
The overriding purpose of S. 2817 is to double the NSF
budget over the next five years in order to build up basic
research in the physical sciences, increase the number of
students specializing in math and science at the collegiate and
post-graduate levels, and support improved math and science
instruction and achievement, particularly in secondary and
post-secondary schools and for girls and minorities.
The committee believes that just as Congress has worked on
a bipartisan basis to double funding for the National
Institutes of Health (NIH) over the past 5 years, it is now
time to launch a parallel effort to double the budget of NSF
over the next 5 years. The success of NIH's efforts to cure
deadly diseases such as cancer depends on related research and
development traditionally supported by NSF.
NSF's impact over the past half century has been
monumental, particularly in the field of medical technologies
and research. NSF investments have spawned not only new
products, but also entire industries, such as biotechnology, e-
commerce, and geographic information systems. Medical
technologies such as magnetic resonance imaging, ultrasound,
digital mammography, and genomic mapping could not have
occurred and are in danger of stalled advancement without
underlying knowledge from NSF-supported work in biology,
physics, chemistry, math, engineering, and computer science. As
America embarks on a new Century, the committee believes it is
a propitious moment to expand support for basic scientific
research, understanding, and development.
INFORMATION TECHNOLOGY
NSF initiated support for Information Technology Centers in
fiscal year 2000 to support fundamental research in computer
and information science and engineering, including areas of
social, ethical, and workforce issues. With fiscal year 2002
funding, 66 Information Technology Centers were supported. The
committee urges the continued increase in funding for this
program to expand research in integrating technology into the
classroom, support digital library collections and developing
systems to manage and work with digital information.
The Nation has become vulnerable to cyber-attacks, in part,
because critical aspects of daily life rely on computer
systems, networks and the internet, such as water systems and
electricity grids. Currently available technologies provide
inadequate protection, yet relatively little research is being
conducted to develop new approaches to protecting computer
systems and networks. The private sector has had little
incentive to invest in cyber security, because the market
emphasizes only speed and convenience. The Federal Government
has not filled the gap, but instead has chronically
underinvested in cyber security. As a result, what little
research has been done on cyber security has been incremental,
leaving the basic approaches to cyber security unchanged for
decades. As a field with relatively modest support, few
researchers, and minimal attention, cyber security fails to
attract the interest of students, perpetuating the problems of
a lack of trained personnel. Therefore, the committee urges the
Foundation, within the funds authorized by this Act to provide
strong support for research in computer and network security.
The Committee expects NSF will support both individual
investigators and a number of interdisciplinary research
centers in computer and network security research.
The universal availability of broadband in the United
States will increase productivity, create high-wage jobs, and
expand access to healthcare and life-long learning. The
committee believes that the NSF and research community can and
should do more to support this national imperative along the
lines suggested in the recent National Academy of Sciences
report, Broadband: Bringing Home the Bits. In particular, R&D
on innovative ``last mile'' technologies (both wired and
wireless) could significantly reduce the cost of national
broadband deployment, particularly in remote and rural areas.
Therefore, the committee strongly urges the Foundation to make
this a high priority activity by supporting competitive, merit-
based research and education proposals in this area.
The committee also supports information technology
workforce development and encourages NSF to work to eliminate
barriers which have kept under-represented groups, such as
women and minorities, out of the information technology field.
The committee is aware of the continued, emerging importance of
the Nation's historically black colleges and universities in
helping to train the next generation of the Nation's scientists
and engineers. Despite their central role in this important
task, almost all of these institutions remain significantly
undercapitalized proportionate to their need. As a result,
there is an overwhelming requirement to provide this class of
institutions with substantial technical assistance in the
evolution and construction of technology infrastructures,
software applications and technology systems (teleconferencing,
telecommunications, distance learning, data transmissions,
etc.). Such assistance might be provided by the establishment
of HBCU technology services centers. These centers could
support the development of teaching and research faculty
technical expertise at individual HBCU institutions that will
provide exceptional first-rate capabilities for implementation
of technology-enabled programs for both educational and
scientific investigation. These centers could assist HBCUs in
the development of multi-institutional research partnerships
and consortia for research and educational activities in a
broad array of disciplines, including mathematics, the physical
and life sciences, the earth and environmental sciences,
information technology and engineering.
NANOSCALE SCIENCE AND ENGINEERING
Nanoscale Science and Engineering has been funded since
fiscal year 2001. The committee supports the expansion of this
research initiative to create new centers and facilities which
will explore nanoscale engineering.
PLANT GENOME RESEARCH
The Plant Genome Research Program was initiated in fiscal
year 1998. It is part of a national plant genome research
initiative established by the Office of Science and Technology
Policy. The long-term goal of the plant genome program is to
understand the structure, organization and function of plant
genomes important to agriculture, the environment, energy, and
health care. The committee supports the Foundation's requested
increase in funding for this program and more in-depth
understanding of the biological process in economically
important plants. In supporting the goals of the plant genome
program, the committee strongly urges NSF to award grants to
institutions of higher education to establish regional plant
genome and gene expression research centers that enhance the
excellence of existing NSF programs and focuses on plants of
economic importance. The committee anticipates NSF will develop
research partnerships in particular supporting plant
biotechnology targeted toward the needs of the developing world
and encourages NSF to work in consort with the United States
Agency for International Development in creating opportunities
for United States research institutions to partner with
research institutions in developing nations.
INNOVATION PARTNERSHIPS
Innovation Partnerships was created in fiscal year 2000 to
broaden the participation of people and institutions in NSF
activities. The committee supports the Foundation's ongoing
efforts to support competitive, merit-based partnerships
consisting of States, local and regional entities, industry,
academic institutions, and other related organizations for
capacity-building of local and regional science and technology
development.
According to the Council on Competitiveness, the ability to
successfully compete is concentrated in regions where public
and private institutions, resources, and public policies are
strategically combined to produce high-value products,
services, and jobs. These so-called regional innovation
clusters consist of competing and cooperating companies,
suppliers, institutions of higher education that focus on
research, education, and training, and other organizations.
Regions with strong innovation clusters not only have higher
rates of innovation, but also higher productivity growth, new
business formation, jobs, and wages. The committee has provided
sufficient funding for a regional innovation cluster initiative
to support the development and implementation of strategic
regional innovation plans, local and regional leadership
initiatives that mobilize and enhance innovation assets,
university-based knowledge transfer and innovation initiatives,
and identify best practices in regional innovation development
and university knowledge and technology transfer activities.
MATHEMATICS AND SCIENCE PARTNERSHIPS
In fiscal year 2002, NSF carried out a $160 million Math
Science Partnership program to model ways to enhance the
capacity of current K-12 teachers to provide challenging math
and science instruction to all students by providing assistance
from private industry and non-profit employed mathematicians,
scientists, and engineers to teachers in and outside of the
classroom. In 2001, Congress created a duplicative Math and
Science Partnership competitive grant program in the U.S.
Department of Education. That program, funded at less than $13
million is carried out pursuant to authority included in the No
Child Left Behind Act. The committee is committed to non-
duplication of Federal programs and non-ideological, non-
political support for scientifically-based programs designed to
improve teacher training and student achievement in mathematics
and science. Because the National Science Foundation is well-
known and well-respected in the higher education community and
because it is independent of political control, the committee
has shifted the No Child Left Behind Act Math and Science
Partnership program to NSF and consolidated it with NSF's Math
Science Partnership program. It is believed this effort will
contribute to the efficient use of Federal resources, higher
quality Partnership activities, and the non-politicization of
math and science instruction.
The committee strongly encourages NSF to assist schools,
school districts, and State educational agencies with the rigor
of their grant applications and activities in order to ensure
that all appropriated funds for this program are awarded.
Priority in awarding grants should be given to high-need local
educational agencies.
As part of its support for Math Science Partnerships, the
committee encourages NSF to develop a national clearinghouse on
effective methods and materials in math and science instruction
and to facilitate a national dialogue among researchers and
practitioners on math science instruction.
ROBERT C. NOYCE SCHOLARSHIP
The committee is greatly concerned about the lack of well-
qualified and highly trained K-12 teachers in the areas of math
and science. In order to address this problem, the committee
supports the continued operation of the Noyce Scholarship
program that has been funded since fiscal year 2002. Noyce
Scholarships are offered to juniors or seniors who are majoring
in math, science or engineering who wish to become teachers.
The Noyce program also provides stipends and teacher training
for professional mathematicians and scientists who commit to
teaching at least 2 years in a high poverty school, following
certification.
SCIENCE, MATHEMATICS, ENGINEERING AND TECHNOLOGY TALENT EXPANSION
PROGRAM
The committee is concerned about the low number of students
across the Nation who pursue careers in mathematics, science
and engineering. It is estimated that over the next 10 years,
jobs requiring technical skills are to grow by over 50 percent.
Unfortunately, the number of American students studying math
and science at the college level has been flat over the last 15
years. The Science, Mathematics, Engineering, and Technology
Talent program seeks to increase the number of U.S. citizens or
permanent resident students pursuing an associate or
baccalaureate degree in the fields of science, technology,
engineering, and mathematics, by awarding grants to
institutions of higher education to support such students and
studies. In carrying out the ``Tech Talent'' program, the
committee urges NSF to follow the outline of operation
identified in S. 1549, The Technology Talent Act of 2001.
It is the intent of the committee that non-profit entities
that partner with an institution of higher education qualify
together with such institutions as an eligible applicant under
the Science, Mathematics, Engineering and Technology Talent
Expansion program. Such entities may include consortium of
institutions of higher education and private industry that have
been established for the purpose of increasing the number of
and quality of students studying toward degrees in the
sciences. Such cooperative efforts can encourage innovative,
cost-effective and efficient means to increasing student
participation, performance, retention in and graduation from
mathematics, science and engineering programs. The language in
this bill limits eligible non-profits to those with
demonstrated experience in delivering science, mathematics,
engineering and technology education. The intent is to
encourage those programs, entities and participants that have
demonstrated positive output in this area to continue and
enhance their activities.
It is also the intent of the committee that an institution
of higher education that awards baccalaureate degrees and
desires to receive a grant under this section, or is a part of
a partnership that desires to receive a grant, shall establish
benchmarks to increase the number of students studying toward
baccalaureate degrees at the institution in science,
mathematics, engineering, and technology. A community college
that desires to receive a grant under this section, or is a
part of a partnership that desires to receive a grant, shall
establish benchmarks to increase the number of student studying
toward associate's degrees in science, mathematics,
engineering, or technology education, or pursuing credits
toward transfer to a baccalaureate degree program in science,
mathematics, engineering, or technology education. In the case
of students who transfer to a baccalaureate degree program, the
grantee institution shall provide, or demonstrate full attempt
to provide, data confirming the matriculation of students into
baccalaureate degree programs in science, mathematics,
engineering, or technology education.
It is the committee's view that grants should be awarded to
selected applicants for a period of 5 years. If grantees fail
to make satisfactory progress toward meeting their established
benchmarks during the first 3 years of the grant period, NSF
should consider terminating the grant in an expeditious
fashion.
RESEARCH ON MATHEMATICS AND SCIENCE LEARNING AND EDUCATION IMPROVEMENT
The No Child Left Behind Act requires annual testing of
reading and mathematics for students in grades 3 through 8.
States and school districts will identify schools that are low-
performing on the basis of such test results. As of school year
2007-2008, schools will be required to carry out standards-
based science assessments and will be held accountable for
student performance on those assessments. Due to the critical
importance of mathematics and science knowledge, the committee
believes that it is valuable to invest in high-quality research
to determine the best methods of teaching those subjects.
Empowered with the knowledge of effective mathematics and
science instructional practices, the committee will be better
positioned to argue effectively for more funding for the Math
and Science Partnership program.
EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH (EPSCOR)
The Experimental Program To Stimulate Competitive Research
(EPSCoR) mission is to promote nationally competitive research
and development infrastructure in low-science resource states.
Currently, EPSCoR operates in 21 States. The committee strongly
supports NSF's efforts to continue facilitating partnerships
among State governments, universities, and the private sector
to enhance flagship institution infrastructure in strategic
research areas. Indeed the committee believes those activities
should be expanded among eligible States. The committee
believes that NSF should provide outreach to science and
technology administrators and individual researchers in EPSCoR
States to make them aware of existing opportunities, policies,
programs, and procedures.
THE SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES ACT
The committee is extremely concerned that women and
minorities continue to shy away from the sciences. Women make
up 45 percent of the workforce, but hold just 12 percent of
science and engineering jobs. Therefore, the committee requires
the NSF to carry out programs to advance the goals of the
Science and Engineering Equal Opportunities Act, which includes
increased participation by women and minorities in the sciences
at the undergraduate, graduate, and post-graduate levels and in
the professional world. The committee looks forward to NSF's
report on the success of these activities, including the
meeting of specific, quantified objectives.
MAJOR RESEARCH INSTRUMENTATION
The Major Research Instrumentation program is designed to
increase access to scientific and engineering equipment for
research and research training in the Nation's institutions of
learning. This program seeks to improve the quality and expand
the scope of research and research training in science and
engineering, and encourage research-intensive learning
environments. The committee supports this program and requires
the Director of the NSF to conduct a review and assessment of
the major research instrumentation programs in order to
determine the needs of institutions and awards which have been
funded under this program.
University research programs depend on technically trained
staff and the design, fabrication, maintenance and upgrade of
innovative instruments to perform cutting edge research and
training. Some universities have attempted to maintain central
interdisciplinary research instrumentation centers to provide
broad-based support for their research and research training
activities. However, as a result of previous reductions in
broadly focused government funding, especially in physical
sciences, this capability has diminished. The phenomenon has
limited the ability of institutions to train students, conduct
research, and develop advanced instrumentation. It is of
concern to the committee in a time when interdisciplinary
research is becoming more and more important, and yet is
increasingly difficult for individual groups to cover the many
areas of technical expertise needed to develop state-of-the-art
instruments. Therefore, the committee has included a provision
in this bill directing the Office of Science and Technology
Policy to assess the need for an interagency program to address
this issue and to report back to the House and Senate
authorizing committees with its analysis and an interagency
program plan within 14 months after the date of enactment of
this bill.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PLAN
The Major Research Equipment and Facilities Construction
account helps support the construction of major research
facilities that provide cutting edge capabilities in science
and engineering. Last fiscal year, funding was provided for the
construction of the Atacama Large Lillimeter Array, the Large
Hadrom Collider, the Network for Earthquake Engineering
Simulation, the South Pole Station Modernization Project, the
High-performance Instrumented Airborne Platform for
Environmental Research (HIAPER), IceCube, and Terascale
Computing Systems. In order to continue to strengthen this
program the committee will require the Foundation to prioritize
major research equipment projects approved for inclusion in
future budget requests and to rank major research equipment
projects according to established criteria. The new criteria
must include at least: scientific merit; broad societal need
and probable impact; readiness of plans for construction and
operation; applicant's management capacity; interagency and
international commitments; and results of scientific
community's formal prioritization efforts. The committee will
also require the Foundation to produce an estimate for total
major research equipment project costs over their full-life
cycle and the Governing Board to approve expressly any major
research equipment project before NSF funds can be obligated.
Funding for major research equipment and facilities
construction should not be derived from research and related
activity accounts.
Finally, the committee supports the effort now underway at
the National Academy of Sciences to assist the Foundation in
the establishment of a process to better manage and prioritize
large scale research facilities. The committee urges the
Foundation to help the NAS expedite the development of this
study by providing the necessary financial support as
expeditiously as possible.
INDEPENDENCE OF THE NATIONAL SCIENCE BOARD
The National Science Board has dual responsibilities as
national science policy advisor to the President and the
Congress, and governing board for the National Science
Foundation. By law, the Board establishes the policies of NSF
and provides oversight of its programs and activities and its
strategic directions and budgets. The committee strongly
supports and values the mission of the Board and its
responsibilities--especially as an independent policy advisor
to the Congress. The committee believes that the Board must
have the resources to carry out its responsibilities,
especially as the budget and program responsibilities of the
Foundation grow. To that end, the committee has amended the
National Science Foundation Act of 1950 to authorize the Board
to hire its own professional staff. Further, the committee
directs NSF to provide in response to a request from the
National Science Board, on a non-reimbursable basis, budget
development and execution assistance, personnel assistance,
space, transportation support, National Science Board Committee
staff support and other assistance in the same manner has it
did in fiscal year 2002.
VI. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 17, 2002.
Hon. Edward M. Kennedy,
Chairman, Committee on Health, Education, Labor, and Pensions,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2817, the National
Science Foundation Doubling Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kathleen
Gramp.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 2817--National Science Foundation Doubling Act
Summary: S. 2817 would authorize the appropriation of $37.7
billion over the 2003-2007 period for the activities of the
National Science Foundation (NSF). Assuming implementation of
the bill, NSF's appropriation would roughly double over the
five-year period, increasing from $4.8 billion in 2002 to $9.8
billion in 2007. This total includes funding for the
Mathematics and Science Partnerships currently administered by
the Department of Education. S. 2817 also would establish
guidelines for allocating NSF funding and require the Office of
Science and Technology Policy (OSTP) to prepare reports on
issues related to research instrumentation and program
duplication. Finally, the bill would outline new procedures for
protecting the confidentiality of certain information collected
by NSF and impose civil penalties for violations of the
provision.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing this bill would cost a total of
$26.1 billion over the 2003-2007 period. Provisions imposing
new civil penalties could increase governmental receipts (i.e.,
revenues), but CBO estimates that any amounts collected would
be insignificant. Because S. 2817 could affect receipts, pay-
as-you-go procedures would apply.
S. 2817 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would make grants available to state and local
educational agencies and institutions of higher education to
support improvements in educational programs for science and
mathematics. Any costs to the educational institutions would be
incurred voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2817 is shown in the following table.
For this estimate, CBO assumes that the authorized amounts will
be appropriated near the start of each fiscal year and that
spending will occur at rates similar to existing NSF programs.
Based on information from OSTP, CBO estimates that the office
would incur no significant costs to implement this bill. The
costs of this legislation fall within budget function 250
(general science, space, and technology).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2002 2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
NSF spending under current law:
Budget authority \1\.................................. 4,802 0 0 0 0 0
Estimated outlays..................................... 4,037 3,229 1,124 328 124 45
Proposed changes:
Authorization level................................... 0 5,536 6,391 7,378 8,520 9,839
Estimated outlays..................................... 0 1,384 4,135 5,717 6,845 8,005
NSF spending under S. 2817:
Authorization level \1\............................... 4,802 5,536 6,391 7,378 8,520 9,839
Estimated outlays..................................... 4,037 4,613 5,259 6,045 6,969 8,050
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for NSF and the $13 million appropriated for
Mathematics and Science Partnerships at the Department of Education.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. Although
S. 2817 could affect receipts by increasing amounts collected
from civil penalties, CBO estimates that any such effects would
be insignificant.
Intergovernmental and private-sector impact: S. 2817
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would make grants available to state
and local educational agencies and institutions of higher
education to support improvements in educational programs for
science and mathematics. Any costs to the educational
institutions would be incurred voluntarily.
Previous CBO estimate: On May 31, 2002, CBO transmitted a
cost estimate for H.R. 4664, the Investing in America's Future
Act of 2002, as ordered reported by the House Committee on
Science on May 22, 2002. That bill would cover a shorter period
of time, but the amounts authorized for fiscal years 2003
through 2005 are similar to the levels in S. 2817. H.R. 4664
does not include provisions regarding the confidentiality of
information and therefore would not affect government receipts.
Other differences between the two bills would not affect their
cost.
Estimate prepared by: Federal costs: Kathleen Gramp; impact
on state, local, and tribal governments: Susan Sieg Tompkins;
impact on the private sector: Samuel Kina.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
VII. Regulatory Impact Statement
The committee has determined that there will be a de
minimus increase in the regulatory burden of paperwork as a
result of this legislation.
VIII. Application of Law to the Legislative Branch
S. 2817 reauthorizes the National Science Foundation and as
such has no application to the legislative branch.
IX. Section-by-Section Analysis
Section 1. Short title
The bill may be referred to as the ``National Science
Foundation Doubling Act''.
Section 2. Definitions
Defines the key terms used in the act, including: Board,
Director, Eligible Applicant, Foundation, Institution of Higher
Education, and National Research Facility.
Section 3. Findings
Contains Congressional findings and describes the
contributions that the National Science Foundation has made in
the United States in supporting science, mathematics,
engineering, and technology education at all levels over the
past 50 years. States that the National Science Foundation must
be provided with sufficient resources to enable it to continue
to carry out its responsibilities to develop, strengthen and
enhance these disciplines to ensure the United States remains a
leader in the global marketplace.
Section 4. Policy objectives
In allocating resources made available under appropriated
levels, the National Science Foundation shall have the
following policy objectives:
(1) To strengthen the Nation's lead in science and
technology by increasing the national investment in research
and strategic areas; balancing the Nation's research portfolio
among life sciences and fundamental disciplines in mathematics,
the physical sciences, computer information science,
geoscience, engineering, and social, behavioral and economic
sciences that are important for the continued development of
technologies necessary for sustaining international
competitiveness; expanding the pool of scientists and
engineers; modernizing the nation's research infrastructure;
and pursuing cooperative international agreements with premier
research institutions.
(2) To increase overall workforces skills by improving the
quality of mathematics and science education, particularly in
kindergarten through grade 12; providing access to information
technology for all students; raising post-secondary enrollment
rates for under represented minorities in science, mathematics,
engineering, and technology disciplines; increasing access to
higher education in science, mathematics, engineering and
technology fields for students from low-income households; and
expanding technical training opportunities at institutions of
higher education.
(3) To strengthen innovation by expanding the focus of
competitiveness and innovation policy at the regional and local
level; supporting initiatives and organizations that enhance
and mobilize regional innovation; and identifying best policy
practices in fostering innovation at the State, regional, and
local levels.
Section 5. Authorization of appropriations
Subsection (a) authorizes $5,536,390,000 for the National
Science Foundation for fiscal year 2003 of which $4,174,840,000
shall be made available to carry out research related
activities; $1,006,250,000 shall be made available for
education and human resources; $152,900,000 shall be made
available for major research equipment and facilities
construction; $194,700,000 shall be made available for salaries
and expenses; and $7,700,000 shall be made available for the
Office of Inspector General.
Subsection (b) authorizes $6,390,832,000 for the National
Science Foundation for fiscal year 2004 of which $4,842,814,000
shall be made available to carry out research and related
activities; $1,157,188,000 shall be made available for
education and human resources;(2) (C) $168,190,000 shall be
made available for major research equipment and facilities
construction; $214,170,000 shall be made available for salaries
and expenses; and $8,470,000 shall be made available for the
Office of Inspector General.
Subsection (c) authorizes $7,378,343,000 for the National
Science Foundation for fiscal year 2005 of which $5,617,665,000
shall be made available to carry out research and related
activities; $1,330,766,000 shall be made available for
education and human resources; $185,009,000 shall be made
available for major research equipment and facilities
construction; $235,587,000 shall be made available for salaries
and expenses; and $9,317,000 shall be made available for the
Office of Inspector General.
Subsection (d) authorizes $8,519,776,000 for the National
Science Foundation for fiscal year 2006 of which $6,516,491,000
shall be made available to carry out research and related
activities; $1,530,380,000 shall be made available for
education and human resources;$203,509,900 shall be made
available for major research equipment and facilities
construction; $259,145,700 shall be made available for salaries
and expenses; and $10,248,700 shall be made available for the
Office of Inspector General.
Subsection (e) authorizes $9,839,262,000 for the National
Science Foundation for fiscal year 2007 of which $7,559,130,000
shall be made available to carry out research and related
activities; $1,759,938,000 shall be made available for
education and human resources; $223,860,900 shall be made
available for major research equipment and facilities
construction; $285,060,300 shall be made available for salaries
and expenses; and $11,273,570 shall be made available for the
Office of Inspector General.
Section 6. Specific program authorizations
From the amounts authorized to be appropriated under
section 5, the Director shall continue the following
initiatives:
(1) Information Technology.--Support for research,
education, and infrastructure in areas related to
cybersecurity, terascale computing systems, software,
networking, scalability, communications, and data management.
(2) Nanoscale Science and Engineering.--Support for
research aimed at discovering novel phenomena, processes,
materials and tools that address scientific frontier challenges
in electronics, optoelectronics and magnetics, manufacturing,
the environment, and healthcare. The Foundation may support new
interdisciplinary research centers on the societal implications
of advances in nanoscale science and engineering.
(3) Plant Genome Research.--Support for research that
advances our understanding of the structure, organization, and
function of plant genomes and that accelerate the use of new
knowledge and innovative technologies toward a more complete
understanding of basic biological processes in plants,
especially economically important plants such as corn and
soybeans.
(4) Innovation Partnerships.--Support for proposals that
stimulate scientific innovation at the regional level, through
partnerships involving disparate States, regional government
entities, local government entities, industry, academic
institutions, and other related organizations in strategically
important fields of science and technology.
(5) Mathematics and Science Partnerships.--Support for a
competitive grant math and science teacher training program
during fiscal years 2003, 2004, and 2005 in accordance with the
requirements of the No Child Left Behind Act of 2110. During
fiscal years 2006 and 2007, the Director shall carry out a
formula grant program in accordance with the requirements of
the No Child Left Behind Act of 2001. If in 2006 or 2007 an
eligible partnership previously awarded a grant under the
competitive grant program and the grant period has not ended,
the Director must reserve funds to make payments to the
partnership until the completion of their awarded grant.
The Director and the Secretary of Education shall consult
and coordinate in carrying out this program and not later than
120 days after the date of enactment of this Act prepare a plan
for the joint administration to submit to Congress for review
and comment.
At the request of an eligible partnership or a State
educational agency, the Director shall provide the partnership
or agency with technical assistance in meeting any requirements
of the mathematics and science partnership program carried out
by the Director, including providing advice from experts on how
to develop a high-quality application, and high-quality
activities.
(6) Robert C. Noyce Scholarship.--A program of multi-year
awards to institutions of higher education to provide future
teachers, who have completed at least 2 years work toward a
baccalaureate degree with a concentration in math or science,
with a scholarship, stipend, and training toward teacher or
alternative certification. The scholarships and stipends
awarded shall be equal to the lesser of $7,500, or the cost of
attendance at the relevant institution of higher education.
Awards will be issued based on academic merit, with
consideration given to financial need and the goal of promoting
participation of women, minorities, and persons with
disabilities. Within 3 years of receiving the scholarship or
stipend, Noyce scholars shall begin to teach 2 years of math or
science in a high poverty school and provide the institution of
higher education which they attended a certification of
completed full-time employment as a math or science teacher at
the end of each academic year for which they were employed.
(7) Science, Mathematics, Engineering and Technology Talent
Expansion Program.--The Foundation shall provide merit-based,
multi-year competitive grants to institutions of higher
education and other eligible applicants to increase the number
of students, particularly women, minorities, and persons with
disabilities, studying toward and receiving collegiate degrees
in science, mathematics, engineering, and technology. Projects
funded under this subsection may include: interdisciplinary
teacher training, undergraduate-conducted research, mentoring
for students in under represented groups, programs that enable
students from community college to matriculate directly into
baccalaureate science, mathematics, engineering, or technology
programs, internships carried out in partnership with industry,
and the innovative use of digital technologies at institutions
that serve a high percentage of economically disadvantaged
students. Eligible applicants shall establish annual benchmarks
for increasing the number of students studying toward and
receiving associates or bachelor's degrees in science,
mathematics, engineering, and technology, and must meet them in
order to receive continued funding.
(8) Secondary School Systemic Initiative.--The Director
shall carry out a merit-based, competitive grant program for
local and State education agencies to support the planning and
implementation of agency-wide secondary school reform
initiatives. Such initiatives shall be directed toward
preparing graduating secondary school students to read and
comprehend specialized technical and scientific texts, meet the
mathematics and science education needs of students at risk of
not achieving state academic standards, reduce the need for
basic skill training, and increase college completion rates. In
making grants, priority shall be accorded those agencies that
serve high poverty communities. Among other specific
activities, funds may be used to refurbish or build secondary
school science laboratories as part of a comprehensive program
to enhance the quality of science, mathematics, engineering,
and technology instruction.
(9) Experimental Program to Stimulate Competitive Research
(EPSCoR).--In states which recieve less than one percent of the
total amount of NSF research funding, the Foundation shall
offer a series of initiatives designed to bolster research
infrastructure and the geographic distribution of federal
research and development support. Authorized activities
include: research infrastructure improvement grants, co-funding
initiatives, and outreach initiatives to make researchers aware
of NSF support.
(10) The Science and Engineering Equal Opportunities Act.--
Reauthorization of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885 et seq.), which provides
support to minority serving institutions and individual
minority and women researchers. The Director is to report to
Congress on the annual and cumulative success of such ventures.
Section 7. Research on mathematics and science learning and education
improvement
The Director shall award competitive grants to conduct and
evaluate research in cognitive science, education, and related
fields associated with the science of learning and teaching
mathematics and science, including evaluating the effectiveness
of current math and science teaching practices, and develop
ways in which the results of research can be applied for use in
low-performing elementary and secondary schools to improve the
teaching and student achievement levels in mathematics and
science.
NSF shall coordinate with the United States Department of
Education in devising a research agenda, disseminating the
results of the research conducted pursuant to grants awarded to
elementary and secondary school teachers, and providing
programming, guidance, and support to ensure that teachers both
understand the implications of the research and how the
research can be used to improve classroom performance.
Section 8. Duplication of programs
Provides that the Director shall review the education
programs of the Foundation that are in operation to determine
whether any are duplicated and consolidate or eliminate them
accordingly. The Director of the Office of Science and
Technology Policy shall review the education programs of the
Foundation to ensure compliance with the provision, and submit
within a year of enactment, and annually thereafter, a report
to Congress on NSF compliance with this section.
Section 9. Major research instrumentation
The Director shall carry out an assessment of the major
research instrumentation program and submit a report of
findings and recommendations to Congress. The report shall
include an estimate of the major research instrumentation needs
of institutions of higher education, a list of the major awards
and funding levels by year since the major research
instrumentation program's inception, and an analysis of the
impact of the programs that were documented in the Foundation's
1994 survey of academic research instrumentation needs.
Section 10. Major research equipment and facilities construction plan
The Director shall develop a prioritized for funding list
of major research equipment and facilities projects which have
been approved by the Board and shall be updated each time the
Board approves a new project. Not later than 90 days after the
enactment of this Act and not later than each June 15
thereafter, the Director shall submit to the Congress a report
containing Board-approved criteria used to develop a
prioritization list and a description of major factors for each
project that determined their ranking. Ranking criteria shall
include at a minimum: scientific merit; broad societal need and
probable impact; consideration of the results of formal
prioritization efforts by the scientific community; readiness
of plans for construction and operation; the applicant's
management and administrative capacity of large research
facilities; international and interagency commitments; and the
order in which projects were approved by the Board for
inclusion in a future budget request. National research
facility projects funded under this program shall only be
managed by an individual whose NSF appointment is as permanent
civil servant.
The NSF Board explicitly shall approve any project to be
funded out of the Major Research Equipment account before any
funds may be obligated. No later than September 15 of each
fiscal year, the Board shall report to the Committee on
Commerce, Science, and Transportation and the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee of Science of the House of Representatives on the
condition of any delegation of authority under Section 4 of the
National Science Foundation Act of 1950 that relates to funds
appropriated for any project under this program.
Sections 11-16. Administrative amendments
Prohibits release of human subject research information,
except in statistical or abstract forms. Only NSF authorized
personnel may access research information that identifies
individual human subjects. Further, the bill authorizes a
maximum $10,000 fine and 5 years imprisonment penalty to be
imposed on those who violate NSF confidentiality provisions.
To ensure Board independence, section 11 provides that
Board staff shall be appointed by the Chair of the Board and
assigned at the direction of the Board. Within 6 months of the
date of enactment of this Act, the Chair shall report to
Congress on proposed procedures under which the Board will
conduct its meetings to ensure greater public access to
deliberations.
X. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
* * * * * * *
PUBLIC LAW 105-207
* * * * * * *
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the
Director of the National Science Foundation established
under section 2 of the National Science Foundation Act
of 1950 (42 U.S.C. 1861).
(2) Foundation.--The term ``Foundation'' means the
National Science Foundation established under section 2
of the National Science Foundation Act of 1950 (42
U.S.C. 1861).
(3) Full life-cycle cost.--The term ``full life-cycle
cost'' means all costs of development, procurement,
construction, operations and support, and shut-down
costs, without regard to funding source and without
regard to what entity manages the project.
[(3)] (4) Board.--The term ``Board'' means the
National Science Board established under section 2 of
the National Science Foundation Act of 1950 (42 U.S.C.
1861).
[(4)] (5) United states.--The term ``United States''
means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and any other territory or possession
of the United States.
[(5)] (6) National research facility.--The term
``national research facility'' means a research
facility funded by the Foundation which is available,
subject to appropriate policies allocating access, for
use by all scientists and engineers affiliated with
research institutions located in the United States.
* * * * * * *
TITLE II--GENERAL PROVISIONS
SEC. 201. NATIONAL RESEARCH FACILITIES.
(a) Facilities Plan.--
[(1) In general.--Not later than December 1, of each
year, the Director shall, as part of the annual budget
request, prepare and submit to Congress a plan for the
proposed construction of, and repair and upgrades to,
national research facilities.]
(1) In general.--The Director shall prepare, and
include as part of the Foundation's annual budget
request to Congress, a plan for the proposed
construction of, and repair and upgrades to, national
research facilities, including full life-cycle cost
information.
(2) Contents of the plan.--The plan shall include--
(A) estimates of the costs for the
construction, repairs, and upgrades described
in paragraph [(1);] (1), including costs for
instrumentation development;
(B) estimates of the costs for the operation
and maintenance of existing and proposed new
facilities; [and]
(C) in the case of proposed new construction
and for major upgrades to existing facilities,
funding profiles, by fiscal year, and
milestones for major phases of the
[construction.] construction;
(D) for each project funded under the major
research equipment and facilities construction
account--
(i) estimates of the total project
cost (from planning to commissioning);
and
(ii) the source of funds, including
Federal funding identified by
appropriations category and non-Federal
funding;
(E) estimates of the full life-cycle cost of
each national research facility;
(F) information on any plans to retire
national research facilities; and
(G) estimates of funding levels for grants
supporting research that will make use of each
national research facility.
* * * * * * *
PART III--NATIONAL SCIENCE FOUNDATION
NATIONAL SCIENCE FOUNDATION ACT OF 1950
* * * * * * *
NATIONAL SCIENCE BOARD
Sec. 4. (a) * * *
* * * * * * *
(e) The Board shall meet annually on the third Monday in
May unless, prior to May 10 in any year, the Chairman has set
the annual meeting for a day in May other than the third Monday
and at such other times as the Chairman may determine, but he
shall also call a meeting whenever one-third of the members so
request in writing. [A majority of the members of the Board
shall constitute a quorum. Each member shall be given notice,
not less than fifteen days prior to any meeting, of the call of
such meeting.] The Board shall adopt procedures governing the
conduct of its meetings, including a definition of a quorum and
delivery of notice.
* * * * * * *
(g) The Board may, with the concurrence of a majority of
its members, permit the appointment of a staff consisting of
not more than five professional staff members and such clerical
staff members as may be necessary. [Such staff shall be
appointed by the Director and assigned at the direction of the
Board.] Such staff shall be appointed by the Chairman and
assigned at the direction of the Board. The professional
members of such staff may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of
chapter 51 of such title relating to classification, and
compensated at a rate not exceeding the maximum rate payable
under section 5376 of such title, as may be necessary to
provide for the performance of such duties as may be prescribed
by the Board in connection with the exercise of its powers and
functions under this Act. Each appointment under this
subsection shall be subject to the same security requirements
as those required for personnel of the Foundation appointed
under section 14(a).
* * * * * * *
MISCELLANEOUS PROVISIONS
Sec. 14. (a)(1) * * *
* * * * * * *
[(i) Information supplied to the Foundation or a contractor
of the Foundation by an industrial or commercial organization
in survey forms, questionnaires, or similar instruments for the
purposes of subsection (a)(5) or (a)(6) of section 3 may not be
disclosed to the public unless such information has been
transformed into statistical or aggregate formats that do not
allow the identification of the supplier. The names of
organizations supplying such information may not be disclosed
to the public.]
(i) Confidentiality of Certain Information.--
(1) In general.--
(A) Nondisclosure.--Information supplied to
the Foundation or a contractor of the
Foundation in survey forms, questionnaires, or
similar instruments for purposes of section
3(a) (5) or (6) by an individual, an industrial
or commercial organization, or an educational
or academic institution when the institution
has received a pledge of confidentiality from
the Foundation, shall not be disclosed to the
public unless the information has been
transformed into statistical or abstract
formats that do not allow for the
identification of the supplier.
(B) Statistical or research purposes.--
Information that has not been transformed into
nonidentifiable formats as described in
subparagraph (A) may be used only for
statistical or research purposes.
(C) Identities.--The identifies of
individuals and organizations supplying
information described in subparagraph (A) may
not be disclosed to the public.
(2) Obligations of researchers.--In support of
functions authorized by section 3(a) (5) or (6), the
Foundation may designate, at its discretion, authorized
persons, including employees of Federal, State or local
agencies or instrumentalities (including local
educational agencies) and employees of private
organizations, to have access, for statistical or
research purposes only, to identifiable information
collected pursuant to section 3(a) (5) or (6). No such
person may--
(A) publish information collected pursuant to
section 3(a) (5) or (6) in such a manner that
either an individual, an industrial or
commercial organization, or an educational,
academic, or other nonprofit institution that
has received a pledge of confidentiality from
the Foundation can be specifically identified;
(B) permit anyone other than individuals
authorized by the Foundation to examine, in
identifiable form, data relating to an
individual, an industrial or commercial
organization, or an academic, educational, or
other non-profit institution that has received
a pledge of confidentiality from the
Foundation; or
(C) knowingly and willfully request or obtain
any confidential information described in
paragraph (1) from the Foundation under false
pretenses.
(3) Penalty.--Violation of this subsection is
punishable by a fine of not more than $10,000,
imprisonment for not more than 5 years, or both.
* * * * * * *
UNITED STATES CODE TITLE 42
* * * * * * *
SEC. 1885. CONGRESSIONAL STATEMENT OF FINDINGS AND DECLARATION OF
POLICY RESPECTING EQUAL OPPORTUNITIES IN SCIENCE
AND ENGINEERING.
(a) The Congress finds that it is in the national interest
to promote the full use of human resources in science and
engineering and to insure the full development and use of the
scientific and engineering talents and skills of men and women,
equally, of all ethnic, racial, and economic [backgrounds.]
backgrounds, including persons with disabilities.
(b) The Congress declares it is the policy of the United
States to encourage men and women, equally, of all ethnic,
racial, and economic backgrounds, including persons with
disabilities, to acquire skills in science, engineering, and
mathematics, to have equal opportunity in education, training,
and employment in scientific and engineering fields, and
thereby to promote scientific and engineering literacy and the
full use of the human resources of the Nation in science and
engineering. To this end, the Congress declares that the
highest quality science and engineering over the long-term
requires substantial support, from currently available research
and educational funds, for increased participation in science
and engineering by women [and minorities], minorities, and
persons with disabilities. The Congress further declares that
the impact on women [and minorities], minorities, and persons
with disabilities which is produced by advances in science and
engineering must be included as essential factors in national
and international science, engineering, and economic policies.
TITLE II OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
* * * * * * *
PART B--STATE AND LOCAL ACTIVITIES
[SEC. 2201. [20 U.S.C. 6641] PROGRAM AUTHORIZED.
[The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching learning
through sustained and intensive high-quality professional
development activities in the core academic subjects at the
State and local levels.
[SEC. 2202. [20 U.S.C. 6642] ALLOCATION OF FUNDS.
[(a) Reservation of Funds.--From the amount available to
carry out this part for any fiscal year, the Secretary shall
reserve--
[(1) \1/2\ of 1 percent for the outlying areas, to be
distributed among the outlying areas on the basis of
their relative need, as determined by the Secretary in
accordance with the purposes of this part; and
[(2) \1/2\ of 1 percent for the Secretary of the
Interior for programs under this part for professional
development activities for teachers, other staff, and
administrators in schools operated or funded by the
Bureau of Indian Affairs.
[(b) State Allocations.--The Secretary shall allocate the
amount available to carry out this part and not reserved under
subsection (a) to each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico as follows,
except that no State shall receive less than \1/2\ of 1 percent
of such amount:
[(1) Fifty percent shall be allocated among such
jurisdictions on the basis of their relative
populations of individuals aged five through 17, as
determined by the Secretary on the basis of the most
recent satisfactory data.
[(2) Fifty percent shall be allocated among such
jurisdictions in accordance with the relative amounts
such jurisdictions received under part A of title I for
the preceding fiscal year, or for fiscal year 1995
only, such part's predecessor authority.
[(c) Reallocation.--If any jurisdiction does not apply for
an allotment under subsection (b) for any fiscal year, the
Secretary shall reallocate such amount to the remaining
jurisdictions in accordance with such subsection.
[SEC. 2203. [20 U.S.C. 6643] WITHIN-STATE ALLOCATIONS.
[Of the amounts received by a State under this part for any
fiscal year--
[(1) 84 percent shall be available for local
allowable activities under section 2210(b), of which--
[(A) not more than 5 percent may be used for
the administrative costs of the State
educational agency and for State-level
activities described in section 2207; and
[(B) of the remaining amount--
[(i) 50 percent shall be distributed
to local educational agencies--
[(I) for use in accordance
with section 2210; and
[(II) in accordance with the
relative enrollments in public
and private nonprofit
elementary and secondary
schools within the boundaries
of such agencies; and
[(ii) 50 percent of such amount shall
be distributed to local educational
agencies--
[(I) for use in accordance
with section 2210; and
[(II) in accordance with the
relative amount such agencies
received under part A of title
I or for fiscal year 1995 for
the preceding fiscal year, such
part's predecessor authority;
and
[(2) 16 percent shall be available to the State
agency for higher education for activities under
section 2211, of which not more than 5 percent may be
used for the administrative costs of the State agency
for higher education.
[SEC. 2204. [20 U.S.C. 6644] CONSORTIUM REQUIREMENT.
[(a) In General.--A local educational agency receiving a
grant under this part of less than $10,000 shall form a
consortium with another local educational agency or an
educational service agency serving another local educational
agency to be eligible to participate in programs assisted under
this part.
[(b) Waiver.--The State educational agency may waive the
application of paragraph (1) in the case of any local
educational agency that demonstrates that the amount of its
allocation under this part is sufficient to provide a program
of sufficient size, scope, and quality to be effective. In
granting waivers under the preceding sentence, the State
educational agency shall--
[(1) give special consideration to local educational
agencies serving rural areas if distances or traveling
time between schools make formation of the consortium
more costly or less effective; and
[(2) consider cash or in-kind contributions provided
from State or local sources that may be combined with
the local educational agency's allocation for the
purpose of providing services under this part.
[(c) Special Rule.--Each consortium shall rely, as much as
possible, on technology or other arrangements to provide staff
development programs tailored to the needs of each school or
school district participating in a consortium described in
subsection (a).
[SEC. 2205. [20 U.S.C. 6645] STATE APPLICATIONS.
[(a) Applications Required.--Each State educational agency
that wishes to receive an allotment under this part for any
fiscal year shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
[(b) State Plan To Improve Teaching and Learning.--
[(1) In general.--Each application under this section
shall include a State plan that is coordinated with the
State's plan under other programs assisted under this
Act, the Goals 2000: Educate America Act, and other
Acts, as appropriate, consistent with the provisions of
section 14306.
[(2) Contents.--Each such State plan shall--
[(A) be developed in conjunction with the
State agency for higher education, community-
based and other nonprofit organizations of
demonstrated effectiveness, institutions of
higher education or schools of education, and
with the extensive participation of local
teachers, administrators and pupil services
personnel and show the role of each such entity
in implementation of the plan;
[(B) be designed to give teachers, and, where
appropriate, administrators and pupil services
personnel in the State, the knowledge and
skills necessary to provide all students the
opportunity to meet challenging State content
standards and challenging State student
performance standards;
[(C) include an assessment of State and local
needs for professional development specifically
related to subparagraph (B);
[(D) include a description of how the plan
has assessed the needs of local educational
agencies serving rural and urban areas, and
what actions are planned to meet such needs;
[(E) include a description of how the
activities assisted under this part will
address the needs of teachers in schools
receiving assistance under part A of title I;
[(F) a description of how programs in all
core academic subjects, but especially in
mathematics and science, will take into account
the need for greater access to, and
participation in, such disciplines by students
from historically underrepresented groups,
including females, minorities, individuals with
limited English proficiency, the economically
disadvantaged, and individuals with
disabilities, by incorporating pedagogical
strategies and techniques which meet such
individual's educational needs;
[(G) be consistent with the State's needs
assessment under subparagraph (C), and describe
how the State will work with teachers,
including teachers in schools receiving
assistance under part A of title I,
administrators, parents, local educational
agencies, schools, educational service
agencies, institutions of higher education, and
nonprofit organizations of demonstrated
effectiveness, to ensure that such individuals
develop the capacity to support sustained and
intensive, high-quality professional
development programs in the core academic
subjects;
[(H) describe how the State requirements for
licensure of teachers and administrators,
including certification and recertification,
support challenging State content standards and
challenging State student performance standards
and whether such requirements are aligned with
such standards;
[(I) address the need for improving teaching
and learning through teacher development
beginning with recruitment, preservice, and
induction, and continuing throughout the
professional teaching career, taking into
account the need, as determined by the State,
for greater access to and participation in the
teaching profession by individuals from
historically underrepresented groups;
[(J) describe how the State will prepare all
teachers to teach children with diverse
learning needs, including children with
disabilities;
[(K) describe how the State will prepare
teachers, and, where appropriate,
paraprofessionals pupil services personnel, and
other staff in the collaborative skills needed
to appropriately teach children with
disabilities, in the core academic subjects;
[(L) describe how the State will use
technology, including the emerging national
information infrastructure, to enhance the
professional development of teachers, and,
where appropriate, administrators and pupil
services personnel;
[(M) describe how the State will provide
incentives to teachers and administrators to
focus their professional development on
preparing such teachers and administrators to
provide instruction consistent with challenging
State content standards and challenging State
student performance standards;
[(N) set specific performance indicators for
professional development; and
[(O) describe how parents can be involved in
professional development programs to enhance
the participation of parents in the education
of their children.
[(3) Duration of the plan.--Each such State plan
shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(c) Additional Material.--Each State application shall
include--
[(1) a description of how the activities assisted
under this part will be coordinated, as appropriate,
with--
[(A) other activities conducted with Federal
funds, especially activities supported under
part A of title I of this Act and the
Individuals with Disabilities Education Act;
[(B) programs supported by State and local
funds;
[(C) resources from business and industry,
museums, libraries, educational television
stations, and public and private nonprofit
organizations of demonstrated experience; and
[(D) funds received from other Federal
agencies, such as the National Science
Foundation, the Departments of Commerce,
Energy, and Health and Human Services, the
National Endowment for the Arts, the Institute
of Museum and Library Services, and the
National Endowment for the Humanities; and
[(2) a description of the activities to be sponsored
under the State-level activities under section 2207 and
the higher education activities under section 2211.
[(d) Peer Review and Secretarial Approval.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section if such application meets the requirements of
this section and holds reasonable promise of achieving
the purposes of this part.
[(2) Review.--In reviewing applications under this
section, the Secretary shall obtain the advice of non-
Federal experts on education in the core academic
subjects and on teacher education, including teachers
and administrators.
[SEC. 2206. [20 U.S.C. 6646] PRIORITY FOR PROFESSIONAL DEVELOPMENT IN
MATHEMATICS AND SCIENCE.
[(a) Appropriation of Less Than $250,000,000.--In any
fiscal year for which the amount appropriated for this title
(other than part C) is less than $250,000,000, each State shall
ensure that all funds distributed in accordance with section
2203(1)(C) are used for professional development in mathematics
and science.
[(b) Appropriation Equal To or Above $250,000,000.--In any
fiscal year for which the amount appropriated for this title
(other than part C) is equal to or exceeds $250,000,000, each
State and local educational agency shall use for professional
development activities in mathematics and science the amount of
funds that would have been made available to each such agency
in accordance with sections 2202 and 2203 if the amount
appropriated was $250,000,000, consistent with subsection (a),
and are permitted and encouraged to use the amount of funds in
excess of $250,000,000 that is made available in accordance
with sections 2202 and 2203 for professional development
activities in mathematics and science.
[SEC. 2207. [20 U.S.C. 6647] STATE-LEVEL ACTIVITIES.
[Each State may use funds made available under section
2203(1)(A) to carry out activities described in the plan under
section 2205(b), such as--
[(1) reviewing and reforming State requirements for
teacher and administrator licensure, including
certification and recertification, to align such
requirements with the State's challenging State content
standards and ensure that teachers and administrators
have the knowledge and skills necessary to help
students meet challenging State student performance
standards;
[(2) developing performance assessments and peer
review procedures, as well as other methods, for
licensing teachers and administrators;
[(3) providing technical assistance to schools and
local educational agencies, especially schools and
local educational agencies that receive assistance
under part A of title I, to help such schools and
agencies provide effective professional development in
the core academic subjects;
[(4) developing or supporting professional
development networks, either within a State or in a
regional consortium of States, that provide a forum for
interaction among teachers and that allow exchange of
information on advances in content and pedagogy;
[(5) supporting partnerships between schools,
consortia of schools, or local educational agencies and
institutions of higher education, including schools of
education, which encourage--
[(A) teachers to participate in intensive,
ongoing professional development programs, both
academic and pedagogical, at institutions of
higher education; and
[(B) students at institutions of higher
education studying to become teachers to have
direct, practical experience at the schools;
[(6)providing professional development in the
effective use of educational technology as an
instructional tool for increasing student understanding
of the core academic subjects, including efforts to
train teachers in methods of achieving gender equity
both in students' access to computers and other
educational technology and in teaching practices used
in the application of educational technology;
[(7) providing incentives for teachers to be involved
in assessment, curriculum development, and technical
assistance processes for teachers and students;
[(8) providing professional development to enable
teachers, and, where appropriate, pupil services
personnel, and other school staff, to ensure that girls
and young women, minorities, limited English proficient
students, individuals with disabilities, and
economically disadvantaged students have the full
opportunity to achieve challenging State content
standards and challenging State student performance
standards in the core academic subjects by, for
example, encouraging girls and young women and
minorities to pursue advanced courses in mathematics
and science;
[(9) professional development and recruitment
activities designed to increase the numbers of
minorities, individuals with disabilities, and women
teaching in the core academic subjects in which such
individuals are underrepresented;
[(10) providing financial or other incentives for
teachers to become certified by nationally recognized
professional teacher enhancement organizations;
[(11) providing professional development activities
which prepare teachers, and where appropriate, pupil
services personnel, paraprofessionals, and other staff
in the collaborative skills needed to appropriately
teach children with disabilities, in the core academic
subjects;
[(12) identifying, developing, or supporting
professional development strategies to better equip
patients to assist their children in raising their
children's achievement in the core academic subjects;
and
[(13) professional development activities designed to
increase the number of women and other underrepresented
groups in the administration of schools.
[SEC. 2208. [20 U.S.C. 6648] LOCAL PLAN AND APPLICATION FOR IMPROVING
TEACHING AND LEARNING.
[(a) Local Application.--
[(1) In general.--Each local educational agency that
wishes to receive a subgrant under this part shall
submit an application (singly or as a consortium as
described in section 2204) to the State educational
agency at such time as the State educational agency
shall require, but not less frequently than every three
years, that is coordinated with other programs under
this Act, the Goals 2000: Educate America Act, or other
Acts, as appropriate, consistent with the provisions of
section 14306.
[(2) Indicators.--A local educational agency shall
set specific performance indicators for improving
teaching and learning through professional development.
[(b) Needs Assessment.--
[(1) In general.--A local educational agency that
wishes to receive a subgrant under this part shall
include in its application an assessment of local needs
for professional development as identified by the local
educational agency and school staff.
[(2) Requirements.--Such needs assessment shall be
carried out with the involvement of teachers, including
teachers in schools receiving assistance under part A
of title I, and shall take into account what activities
need to be conducted in order to give teachers and,
where appropriate, administrators, the means, including
the knowledge and skills, to provide students with the
opportunity to meet challenging State or local student
performance standards.
[(c) Application Contents.--Each application under this
section shall include the local educational agency's plan for
professional development that--
[(1) focuses on teaching and learning in the core
academic subjects; and
[(2) has been developed with the extensive
participation of administrators, staff, and pupil
services personnel, which teachers shall also be
representative of the grade spans within schools to be
served and of schools which receive assistance under
part A of title I.
[(d) Plan Contents.--
[(1) In general.--Based on the needs assessment
required under subsection (b), the local educational
agency's plan shall--
[(A) include a description of how the plan
contributes to the local educational agency's
overall efforts for school reform and
educational improvement;
[(B) include a description of how the
activities funded under this section will
address the needs of teachers in schools
receiving assistance under part A of title I;
[(C) be aligned with the State's challenging
State content standards and challenging State
student performance standards;
[(D) describe a strategy, tied to challenging
State content standards and challenging State
student performance standards, consistent with
the needs assessment under subsection (b);
[(E) be of sufficient intensity and duration
to have a positive and lasting impact on the
student's performance in the classroom;
[(F) describe how programs in all core
academic subjects, but especially in
mathematics and science, will take into account
the need for greater access to, and
participation in, such disciplines by students
from historically underrepresented groups,
including girls and women, minorities,
individuals with limited English proficiency,
the economically disadvantaged, and individuals
with disabilities, by incorporating pedagogical
strategies and techniques which meet such
individual's educational need;
[(G) contain an assurance that the activities
conducted with funds received under this part
will be assessed at least every three years
using the performance indicators;
[(H) describe how the program funded under
this part will be coordinated, as appropriate,
with
[(i) activities conducted under
section 2131 and other services of
institutions of higher education;
[(ii) similar State and local
activities;
[(iii) resources provided under part
A of title I and other provisions of
this Act;
[(iv) resources from business,
industry, public and private nonprofit
organizations (including museums,
libraries, educational television
stations, community-based
organizations, professional
organizations and associations
specializing in, or with a demonstrated
expertise in the core academic
subjects);
[(v) funds or programming from other
Federal agencies, such as the National
Science Foundation, the Department of
Energy, the Department of Health and
Human Services, the Institute of Museum
and Library Services, the National
Endowment for the Humanities, and the
National Endowment for the Arts;
[(vi) services of educational service
agencies; and
[(vii) resources provided under the
Individuals with Disabilities Education
Act;
[(I) identify the sources of funding that
will provide the local educational agency's
contribution under section 2209; and section
2209; and
[(J) describe the professional development
strategies to be employed to more fully and
effectively involve parents in the education of
their children.
[(2) Duration of the plan.--Each local plan described
in subsection (b)(1) shall--
[(A) remain in effect for the duration of the
local educational agency's participation under
this part; and
[(B) be periodically reviewed and revised by
the local educational agency, as necessary, to
reflect changes in the local educational
agency's strategies and programs under this
part.
[SEC. 2209. [20 U.S.C. 6639] LOCAL COST-SHARING.
[(a) In General.--Each local educational agency shall
provide not less than 33 percent of the cost of the activities
assisted under this part, excluding the cost of services
provided to private school teachers.
[(b) Available Resources for Cost-Sharing.--
[(1) In general.--A local educational agency may meet
the requirement of subsection (a) through one or more
of the following:
[(A) Cash expenditures from non-Federal
sources, including private contributions,
directed toward professional development
activities.
[(B) Release time for teachers participating
in professional development assisted under this
part.
[(C) Funds received under one or more of the
following programs, so long as such funds are
used for professional development activities
consistent with this part and the statutes
under which such funds were received, and are
used to benefit students and teachers in
schools that other-wise would have been served
with such funds:
[(i) Helping disadvantaged children
meet high standards under part A of
title I.
[(ii) The Safe and Drug-Free Schools
and Communities program under title IV.
[(iii) Bilingual Education Programs
under part A of title VII.
[(iv) Programs under the Women's
Educational Equity Act of 1994.
[(v) Programs under title III of the
Goals 2000: Educate America Act.
[(vi) Programs that are related to
the purposes of this Act that are
administered by other Federal agencies,
including the National Science
Foundation, the National Endowment for
the Humanities, the National Endowment
for the Arts, the Institute of Museum
and Library Services, and the
Department of Energy.
[(vii) Programs under the Individuals
with Disabilities Education Act.
[(2) Special rule.--A local educational agency may
meet the requirement of subsection (a) through
contributions described in paragraph (1) that are
provided in cash or in kind, fairly evaluated.
[(c) Waiver.--The State educational agency may approve an
application which has not fully met the requirements of
subsection (a) and waive the requirements of subsection (a) if
a local educational agency can demonstrate that such agency is
unable to meet the requirements of subsection (a) due to
economic hardship and that compliance with such requirements
would preclude such agency's participation in the program.
[SEC. 2210. [20 U.S.C. 6650] LOCAL ALLOCATIONS OF FUNS AND ALLOWABLE
ACTIVITIES.
[(a) Local Allocation of Funds.--Each local educational
agency that receives funds under this part for any fiscal
year--
[(1) shall use not less than 80 percent of such funds
for professional development of teachers, and, where
appropriate, administrators, and, where appropriate,
pupil services personnel, parents, and other staff of
individual schools in a manner that--
[(A) is determined by such teachers and
staff;
[(B) to the extent practicable, takes place
at the individual school site; and
[(C) is consistent with the local educational
agency's application under section 2208, any
school plan under part A of title I, and any
other plan for professional development carried
out with Federal, State, or local funds that
emphasizes sustained, ongoing activities; and
[(2) may use not more than 20 percent of such funds
for school district-level professional development
activities, including, where appropriate, the
participation of administrators, policymakers, and
parents, if such activities directly support
instructional personnel.
[(b) Authorized Activities.--
[(1) In general.--Each local educational agency and
school that receives funds under this part shall use
such funds for activities that give teachers and
administrators the knowledge and skills to provide
students with the opportunity to meet challenging State
or local content standards and student performance
standards.
[(2) Professional development activities.--
Professional development activities funded under this
part shall--
[(A) be tied to challenging State content
standards or challenging local content
standards, and challenging State student
performance standards or challenging local
student performance standards;
[(B) take into account recent research on
teaching and learning;
[(C) provide professional development which
incorporates effective strategies, techniques,
methods, and practices for meeting the
educational needs of diverse groups of
students, including girls and women,
minorities, individuals with disabilities,
limited English proficient individuals, and
economically disadvantaged individuals;
[(D) include strong academic content and
pedagogical components; and
[(E) be of sufficient intensity and duration
to have a positive and lasting impact on the
teacher's performance in the classroom.
[(3) Activities.--Funds under this part may be used
for professional development activities such as--
[(A) professional development for teams of
teachers, and, where appropriate,
administrators, pupil services personnel, or
other staff from individual schools, to support
teaching consistent with challenging State
content standards and challenging State student
performance standards;
[(B) support and time, which in the case of
teachers may include release time with pay for
teachers, and where appropriate, pupil services
personnel and other school staff to enable such
teachers, personnel, and staff to participate
in professional development in the core
academic subjects that are offered through
professional associations, universities,
community-based organizations, and other
providers, such as educational partnership
organizations, science centers, and museums;
[(C) activities that provide followup for
teachers who have participated in professional
development activities that are designed to
ensure that the knowledge and skills learned by
the teacher are implemented in the classroom;
[(D) support for partnerships between
schools, consortia of schools, or local
educational agencies, and institutions of
higher education, including schools of
education, which partnerships shall encourage--
[(i) teachers to participate in
intensive, ongoing professional
development programs of higher
education; and
[(ii) students at institutions of
higher education studying to become
teachers to have direct, practical
experience at schools;
[(E) the establishment and maintenance of
local professional networks that provide a
forum for interaction among teachers and that
allow exchange of information on advances in
content and pedagogy;
[(F) preparing teachers in the effective use
of educational technology and assistive
technology as instructional tools for
increasing student understanding of the core
academic subjects;
[(G) professional development to enable
teachers, and, where appropriate, pupil
services personnel and other school staff, to
ensure that girls and young women, minorities,
limited English proficient students,
individuals with disabilities, and the
economically disadvantaged have full
opportunity to achieve the challenging State
content standards and challenging State student
performance standards in the core academic
subjects;
[(H) professional development and recruitment
activities designed--
[(i) to increase the number of
minorities, individuals with
disabilities, and females teaching in
the core academic subjects in which
such individuals are underrepresented;
and
[(ii) to increase the numbers of
women and members of other
underrepresented groups who are science
and mathematics teachers, through such
programs as career ladder programs that
assist educational para-professionals
to obtain teaching credentials in the
core academic subjects;
[(I) providing financial or other incentives
for teachers to become certified by nationally
recognized professional teacher enhancement
programs;
[(J) support and time for teachers, and,
where appropriate, pupil services personnel,
and other school staff to learn and implement
effective collaboration for the instruction of
children with disabilities in the core academic
subject areas;
[(K) preparing teachers, and, where
appropriate, pupil services personnel to work
with parents and families on fostering student
achievement in the core academic subjects;
[(L) professional development activities and
other support for new teachers as such teachers
move into the classroom to provide such
teachers with practical support and to increase
the retention of such teachers;
[(M) professional development for teachers,
parents, early childhood educators,
administrators, and other staff to support
activities and services related to preschool
transition programs to raise student
performance in the core academic subjects;
[(N) professional development activities to
train teachers in innovative instructional
methodologies designed to meet the diverse
learning needs of individuals students,
including methodologies which integrate
academic and vocational learning and applied
learning, interactive and inter-disciplinary
team teaching, and other alternative teaching
strategies such as service learning,
experiential learning, career-related
education, and environmental education, that
integrate real world applications into the core
academic subjects;
[(O) developing professional development
strategies and programs to more effectively
involve parents in helping their children
achieve in the core academic subjects;
[(P) professional development activities
designed to increase the number of women and
other underrepresented groups in the
administration of schools; and
[(Q) release time with pay for teachers.
[SEC. 2211. [20 U.S.C. 6651] HIGHER EDUCATION ACTIVITIES.
[(a) Activities.--
[(1) In general.--From amounts made available under
section 2203(2), the State agency for higher education,
working in conjunction with the State educational
agency (if such agencies are separate), shall make
grants to, or enter into contracts or cooperative
agreements with, institutions of higher education and
nonprofit organizations of demonstrated effectiveness,
including museums and educational partnership
organizations, which must work in conjunction with a
local educational agency, consortium of local
educational agencies, or schools, for--
[(A) professional development activities in
the core academic subjects that contribute to
the State plan for professional development;
[(B) developing and providing assistance to
local educational agencies, and the teachers
and staff of each such agency, for sustained,
high-quality professional development
activities; and
[(C) improving teacher education programs in
order to promote further innovation in teacher
education programs within an institution of
higher education and to better meet the needs
of the local educational agencies for well
prepared teachers.
[(2) Competitive basis.--Each grant, contract, or
cooperative agreement described in paragraph (1) shall
be awarded on a competitive basis.
[(3) Special rule.--No institution of higher
education may receive assistance under (a)(1) of this
subsection unless the institution enters into an
agreement with a local educational agency, or
consortium of such agencies, to provide sustained,
high-quality professional development for the
elementary and secondary school teachers in the schools
of each such agency.
[(4) Joint efforts.--Each activity assisted under
this section, where applicable, shall involve the joint
effort of the institution of higher education's school
or department of education, if any, and the schools or
departments in the specific disciplines in which such
professional development will be provided.
[(b) Allowable Activities.--A recipient of funds under this
section shall use such funds for--
[(1) sustained and intensive high-quality
professional development for teams of teachers, or
teachers, and, where appropriate, pupil services
personnel and administrators from individual schools or
school districts;
[(2) other sustained and intensive professional
development activities related to achievement of the
State plan for professional development; and
[(3) preservice training activities.
[(c) Partnerships.--Each institution of higher education
receiving a grant under this section may also enter into a
partnership with a private industry, museum, library,
educational television station, or public or private nonprofit
organization of demonstrated experience to carry out
professional development activities assisted under this
section.]
* * * * * * *