99–010

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 ofVerDate Sep 04 2002 03:13 Sep 22, 2002 Jkt 099010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR291.107 SR291
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fered 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 

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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 expandVerDate Sep 04 2002 03:13 Sep 22, 2002 Jkt 099010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR291.107 SR291
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ing 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 underrepresented 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 

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studying toward and receiving undergraduate degrees in science, 

math, engineering, and technology disciplines. Projects may support training for interdisciplinary instruction to improve collegelevel 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. 

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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 adVerDate Sep 04 2002 03:13 Sep 22, 2002 Jkt 099010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR291.107 SR291
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vancement 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, meritbased 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 

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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 longterm 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 reVerDate Sep 04 2002 03:13 Sep 22, 2002 Jkt 099010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR291.107 SR291
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lated 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. 

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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, engiVerDate Sep 04 2002 03:13 Sep 22, 2002 Jkt 099010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR291.107 SR291
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neering, 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 

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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 

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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 peVerDate Sep 04 2002 03:13 Sep 22, 2002 Jkt 099010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR291.107 SR291
14

riod, 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 esti- mates 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 Partner- ships 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. 

15

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, 

16

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. 

17

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 DirecVerDate Sep 04 2002 03:13 Sep 22, 2002 Jkt 099010 PO 00000 Frm 00017 Fmt 6659 Sfmt 6602 E:\HR\OC\SR291.107 SR291
18

tor, 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 fulltime 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 

19

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 apVerDate Sep 04 2002 03:13 Sep 22, 2002 Jkt 099010 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\SR291.107 SR291
20

proved 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

* * * * * * *

21

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.

ø(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). 

ø(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. 

ø(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.—

ø(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 ø(1);¿ (1), including 

costs for instrumentation development; 

(B) estimates of the costs for the operation and maintenance of existing and proposed new facilities; øand¿

(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 øconstruction.¿ construction;

(D) for each project funded under the major research 

equipment and facilities construction account—

22

(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. øA 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. øSuch 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). 

* * * * * * *

23

MISCELLANEOUS PROVISIONS

SEC. 14. (a)(1) * * *

* * * * * * *

ø(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. 

24

(3) PENALTY.—Violation of this subsection is punishable by a fine of not more than $10,000, imprisonment for not more than 

5 years, or both. 

* * * * * * *

UNITED STATES CODE TITLE 42

* * * * * * *

SEC. 1885. CONGRESSIONAL STATEMENT OF FINDINGS AND DECLARATION OF POLICY RESPECTING EQUAL OPPORTUNITIES IN 

SCIENCE AND ENGINEERING. 

(a) The Congress finds that it is in the national interest to promote the full use of human resources in science and engineering 

and to insure the full development and use of the scientific and engineering talents and skills of men and women, equally, of all ethnic, racial, and economic øbackgrounds.¿ 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 øand minorities¿, minorities, and persons with 

disabilities. The Congress further declares that the impact on 

women øand minorities¿, minorities, and persons with disabilities

which is produced by advances in science and engineering must be 

included as essential factors in national and international science, 

engineering, and economic policies. 

TITLE II OF THE ELEMENTARY AND 

SECONDARY EDUCATION ACT OF 1965 

* * * * * * *

PART B—STATE AND LOCAL ACTIVITIES 

øSEC. 2201. ø20 U.S.C. 6641¿ PROGRAM AUTHORIZED. 

øThe 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. 

øSEC. 2202. ø20 U.S.C. 6642¿ ALLOCATION OF FUNDS. 

ø(a) RESERVATION OF FUNDS.—From the amount available to 

carry out this part for any fiscal year, the Secretary shall reserve—

ø(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 

25

ø(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. 

ø(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: 

ø(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. 

ø(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. 

ø(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. 

øSEC. 2203. ø20 U.S.C. 6643¿ WITHIN-STATE ALLOCATIONS. 

øOf the amounts received by a State under this part for any fiscal year—

ø(1) 84 percent shall be available for local allowable activities under section 2210(b), of which—

ø(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 

ø(B) of the remaining amount—

ø(i) 50 percent shall be distributed to local educational agencies—

ø(I) for use in accordance with section 2210; and 

ø(II) in accordance with the relative enrollments 

in public and private nonprofit elementary and 

secondary schools within the boundaries of such 

agencies; and 

ø(ii) 50 percent of such amount shall be distributed 

to local educational agencies—

ø(I) for use in accordance with section 2210; and 

ø(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 

ø(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. 

øSEC. 2204. ø20 U.S.C. 6644¿ CONSORTIUM REQUIREMENT. 

ø(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. 

26

ø(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—

ø(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

ø(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. 

ø(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). 

øSEC. 2205. ø20 U.S.C. 6645¿ STATE APPLICATIONS. 

ø(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. 

ø(b) STATE PLAN TO IMPROVE TEACHING AND LEARNING.—

ø(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. 

ø(2) CONTENTS.—Each such State plan shall—

ø(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; 

ø(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; 

ø(C) include an assessment of State and local needs for 

professional development specifically related to subparagraph (B); 

ø(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; 

ø(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; 

27

ø(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;

ø(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; 

ø(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; 

ø(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; 

ø(J) describe how the State will prepare all teachers to 

teach children with diverse learning needs, including children with disabilities; 

ø(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; 

ø(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; 

ø(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; 

ø(N) set specific performance indicators for professional 

development; and 

28

ø(O) describe how parents can be involved in professional development programs to enhance the participation 

of parents in the education of their children. 

ø(3) DURATION OF THE PLAN.—Each such State plan shall— ø(A) remain in effect for the duration of the State’s participation under this part; and 

ø(B) be periodically reviewed and revised by the State, 

as necessary, to reflect changes in the State’s strategies 

and programs under this part.

ø(c) ADDITIONAL MATERIAL.—Each State application shall include—

ø(1) a description of how the activities assisted under this 

part will be coordinated, as appropriate, with— ø(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; 

ø(B) programs supported by State and local funds; 

ø(C) resources from business and industry, museums, libraries, educational television stations, and public and private nonprofit organizations of demonstrated experience; 

and 

ø(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 

ø(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. 

ø(d) PEER REVIEW AND SECRETARIAL APPROVAL.—

ø(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. 

ø(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. 

øSEC. 2206. ø20 U.S.C. 6646¿ PRIORITY FOR PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE. 

ø(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. 

ø(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 

29

that is made available in accordance with sections 2202 and 2203 

for professional development activities in mathematics and science. 

øSEC. 2207. ø20 U.S.C. 6647¿ STATE-LEVEL ACTIVITIES. 

øEach 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— ø(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; 

ø(2) developing performance assessments and peer review 

procedures, as well as other methods, for licensing teachers 

and administrators; 

ø(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; 

ø(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; 

ø(5) supporting partnerships between schools, consortia of 

schools, or local educational agencies and institutions of higher 

education, including schools of education, which encourage— ø(A) teachers to participate in intensive, ongoing professional development programs, both academic and pedagogical, at institutions of higher education; and 

ø(B) students at institutions of higher education studying to become teachers to have direct, practical experience 

at the schools; 

ø(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; 

ø(7) providing incentives for teachers to be involved in assessment, curriculum development, and technical assistance 

processes for teachers and students; 

ø(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; 

30

ø(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;

ø(10) providing financial or other incentives for teachers to 

become certified by nationally recognized professional teacher 

enhancement organizations; 

ø(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; 

ø(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 

ø(13) professional development activities designed to increase 

the number of women and other underrepresented groups in 

the administration of schools. 

øSEC. 2208. ø20 U.S.C. 6648¿ LOCAL PLAN AND APPLICATION FOR IMPROVING TEACHING AND LEARNING. 

ø(a) LOCAL APPLICATION.— ø(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. 

ø(2) INDICATORS.—A local educational agency shall set specific performance indicators for improving teaching and learning through professional development. 

ø(b) NEEDS ASSESSMENT.—

ø(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. 

ø(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. 

ø(c) APPLICATION CONTENTS.—Each application under this section shall include the local educational agency’s plan for professional development that—

ø(1) focuses on teaching and learning in the core academic 

subjects; and 

ø(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 

31

schools to be served and of schools which receive assistance 

under part A of title I. 

ø(d) PLAN CONTENTS.—

ø(1) IN GENERAL.—Based on the needs assessment required 

under subsection (b), the local educational agency’s plan 

shall—

ø(A) include a description of how the plan contributes to 

the local educational agency’s overall efforts for school reform and educational improvement; 

ø(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; 

ø(C) be aligned with the State’s challenging State content standards and challenging State student performance 

standards; 

ø(D) describe a strategy, tied to challenging State content standards and challenging State student performance 

standards, consistent with the needs assessment under 

subsection (b); 

ø(E) be of sufficient intensity and duration to have a 

positive and lasting impact on the student’s performance 

in the classroom; 

ø(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; 

ø(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; 

ø(H) describe how the program funded under this part 

will be coordinated, as appropriate, with 

ø(i) activities conducted under section 2131 and 

other services of institutions of higher education; 

ø(ii) similar State and local activities; 

ø(iii) resources provided under part A of title I and 

other provisions of this Act; 

ø(iv) resources from business, industry, public and 

private nonprofit organizations (including museums, 

libraries, educational television stations, communitybased organizations, professional organizations and associations specializing in, or with a demonstrated expertise in the core academic subjects); 

ø(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; 

ø(vi) services of educational service agencies; and 

32

ø(vii) resources provided under the Individuals with 

Disabilities Education Act;

ø(I) identify the sources of funding that will provide the 

local educational agency’s contribution under section 2209; 

and section 2209; and 

ø(J) describe the professional development strategies to 

be employed to more fully and effectively involve parents 

in the education of their children. 

ø(2) DURATION OF THE PLAN.—Each local plan described in 

subsection (b)(1) shall—

ø(A) remain in effect for the duration of the local educational agency’s participation under this part; and 

ø(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. 

øSEC. 2209. ø20 U.S.C. 6639¿ LOCAL COST-SHARING. 

ø(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. 

ø(b) AVAILABLE RESOURCES FOR COST-SHARING.—

ø(1) IN GENERAL.—A local educational agency may meet the 

requirement of subsection (a) through one or more of the following: 

ø(A) Cash expenditures from non-Federal sources, including private contributions, directed toward professional 

development activities. 

ø(B) Release time for teachers participating in professional development assisted under this part. 

ø(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 otherwise would have been served with such funds: 

ø(i) Helping disadvantaged children meet high 

standards under part A of title I. 

ø(ii) The Safe and Drug-Free Schools and Communities program under title IV. 

ø(iii) Bilingual Education Programs under part A of 

title VII. 

ø(iv) Programs under the Women’s Educational Equity Act of 1994. 

ø(v) Programs under title III of the Goals 2000: Educate America Act. 

ø(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. 

ø(vii) Programs under the Individuals with Disabilities Education Act.

33

ø(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. 

ø(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. 

øSEC. 2210. ø20 U.S.C. 6650¿ LOCAL ALLOCATIONS OF FUNS AND ALLOWABLE ACTIVITIES. 

ø(a) LOCAL ALLOCATION OF FUNDS.—Each local educational agency that receives funds under this part for any fiscal year—

ø(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—

ø(A) is determined by such teachers and staff; 

ø(B) to the extent practicable, takes place at the individual school site; and 

ø(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 

ø(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. 

ø(b) AUTHORIZED ACTIVITIES.—

ø(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. 

ø(2) PROFESSIONAL DEVELOPMENT ACTIVITIES.—Professional 

development activities funded under this part shall—

ø(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; 

ø(B) take into account recent research on teaching and 

learning; 

ø(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;

34

ø(D) include strong academic content and pedagogical 

components; and 

ø(E) be of sufficient intensity and duration to have a 

positive and lasting impact on the teacher’s performance in 

the classroom. 

ø(3) ACTIVITIES.—Funds under this part may be used for professional development activities such as—

ø(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; 

ø(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; 

ø(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; 

ø(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—

ø(i) teachers to participate in intensive, ongoing professional development programs of higher education; 

and 

ø(ii) students at institutions of higher education 

studying to become teachers to have direct, practical 

experience at schools; 

ø(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; 

ø(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; 

ø(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;

ø(H) professional development and recruitment activities 

designed—

35

ø(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 

ø(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 paraprofessionals to obtain teaching credentials in the core 

academic subjects; 

ø(I) providing financial or other incentives for teachers 

to become certified by nationally recognized professional 

teacher enhancement programs; 

ø(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; 

ø(K) preparing teachers, and, where appropriate, pupil 

services personnel to work with parents and families on 

fostering student achievement in the core academic subjects; 

ø(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; 

ø(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; 

ø(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; 

ø(O) developing professional development strategies and 

programs to more effectively involve parents in helping 

their children achieve in the core academic subjects; 

ø(P) professional development activities designed to increase the number of women and other underrepresented 

groups in the administration of schools; and 

ø(Q) release time with pay for teachers. 

øSEC. 2211. ø20 U.S.C. 6651¿ HIGHER EDUCATION ACTIVITIES. 

ø(a) ACTIVITIES.—

ø(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 

36

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—

ø(A) professional development activities in the core academic subjects that contribute to the State plan for professional development; 

ø(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 

ø(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. 

ø(2) COMPETITIVE BASIS.—Each grant, contract, or cooperative agreement described in paragraph (1) shall be awarded on 

a competitive basis. 

ø(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. 

ø(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. 

ø(b) ALLOWABLE ACTIVITIES.—A recipient of funds under this section shall use such funds for—

ø(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; 

ø(2) other sustained and intensive professional development 

activities related to achievement of the State plan for professional development; and 

ø(3) preservice training activities. 

ø(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.¿

* * * * * * *

Æ