[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

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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

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                   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.]

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