National Science Foundation Authorization Act of 2002
PL 107-368 (H.R.4664), enacted 12/19/2002

116 STAT. 3034 
PUBLIC LAW 107-368—DEC. 19, 2002 
Public Law 107-368 
107th Congress 
An Act 
Dec. 19, 2002 
To authorize appropriations for fiscal years 2003, 2004, 2005, 2006, and 2007 
rjj jj 4664] 
^'^^ ^^® National Science Foundation, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
National Science 
the United States of America in Congress assembled, 
Foundation 
Authorization 
SECTION 1. SHORT TITLE. 
42 use 1861 
This Act may be cited as the "Nationsd Science Foundation 
note. 
Authorization Act of 2002". 
42USC1862n 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The National Science Foundation has made major con-
tributions for more than 50 years to strengthen and sustain 
the Nation's academic research enterprise that is the envy 
of the world. 
(2) The economic strength and national security of the 
United States and the quality of life of all Americans are 
grounded in the Nation's scientific and technological capabili-
ties. 
(3) The National Science Foundation carries out important 
functions in supporting basic research in all science and 
engineering disciplines and in supporting science, mathematics, 
engineering, and technology education at all levels. 
(4) The research and education activities of the National 
Science Foundation promote the discovery, integration, dissemi-
nation, and application of new knowledge in service to society 
and prepare future generations of scientists, mathematicians, 
and engineers who will be necessary to ensure America's leader-
ship in the global marketplace. 
(5) The National Science Foundation must be provided 
with sufficient resources to enable it to carry out its responsibil-
ities to develop intellectual capital, strengthen the scientific 
infrastructure, integrate research and education, enhance the 
delivery of mathematics and science education in the United 
States, and improve the technological literacy of all people 
in the United States. 
(6) The emerging global economic, scientific, and technical 
environment 
challenges 
long-standing 
assumptions 
about 
domestic and international policy, requiring the National 
Science Foundation to play a more proactive role in sustaining 
the competitive advantage of the United States through supe-
rior research capabilities. 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3035 
(7) Commercial application of the results of Federal invest-
ment in basic and computing science is consistent with long-
standing United States technology transfer policy and is a 
critical 
national 
priority, 
particularly 
with 
regard 
to 
cybersecurity and other homeland security applications, because 
of the urgent needs of commercial, academic, and individual 
users as well as the Federal and State Governments. 
SEC. 3. POLICY OBJECTIVES. 
In allocating resources made available under section 5, the 
Foundation shall have the following policy objectives: 
(1) To strengthen the Nation's lead in science and tech-
nology by— 
(A) increasing the national investment in general sci-
entific research and increasing investment in strategic 
areas; 
(B) balancing the Nation's research portfolio among 
the life sciences, mathematics, the physical sciences, com-
puter and information science, geoscience, engineering, and 
social, behavioral, and economic sciences, all of which are 
important for the continued development of enabling tech-
nologies necessary for sustained international competitive-
ness; 
(C) expanding the pool of scientists and engineers in 
the United States; 
(D) modernizing the Nation's research infrastructure; 
and 
(E) establishing and maintaining cooperative inter-
national relationships with premier research institutions, 
with the goal of such relationships being the exchange 
of personnel, data, and information in an effort to alleviate 
problems common to the global community. 
(2) To increase overall workforce skills by— 
(A) improving the quality of mathematics and science 
education, particularly in kindergarten through grade 12; 
(B) promoting access to information technology for all 
students; 
(C) raising postsecondary enrollment rates in science, 
mathematics, engineering, and technology disciplines for 
individuals identified in section 33 or 34 of the Science 
and Engineering Equal Opportunities Act (42 U.S.C. 1885a 
or 1885b); 
(D) increasing access to higher education in science, 
mathematics, engineering, and technology fields for stu-
dents from low-income households; and 
(E) expanding science, mathematics, engineering, and 
technology 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. 
SEC. 4. DEFINITIONS. 
42 USC 1862n 
In this Act: 
(1) ACADEMIC UNIT.—The term "academic unit" means a 
department, division, institute, school, college, or other sub-
component of an institution of higher education. 
116 STAT. 3036 
PUBLIC LAW 107-368—DEC. 19, 2002 
(2) BOARD.—The term "Board" means the National Science 
Board estabUshed under section 2 of the National Science 
Foundation Act of 1950 (42 U.S.C. 1861). 
(3) COMMUNITY COLLEGE.—The term "community college" 
has the meaning given such term in section 3301(3) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7011(3)). 
(4) 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). 
(5) ELEMENTARY SCHOOL.—The term "elementary school" 
has the meaning given that term by section 9101(18) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801(18)). 
(6) ELIGIBLE NONPROFIT ORGANIZATION.—The term "eligible 
nonprofit organization" means a nonprofit research institute, 
or a nonprofit professional association, with demonstrated 
experience and effectiveness in mathematics or science edu-
cation as determined by the Director. 
(7) 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). 
(8) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 
"high-need local educational agency" means a local educational 
agency that meets one or more of the following criteria: 
(A) It has at least one school in which 50 percent 
or more of the enrolled students are eligible for participa-
tion in the free and reduced price lunch program estab-
lished by the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.). 
(B) It has at least one school in which— 
(i) more than 34 percent of the academic classroom 
teachers at the secondary level (across all academic 
subjects) do not have an undergraduate degree with 
a major or minor in, or a graduate degree in, the 
academic field in which they teach the largest percent-
age of their classes; or 
(ii) more than 34 percent of the teachers in two 
of the academic departments do not have an under-
graduate degree with a major or minor in, or a grad-
uate degree in, the academic field in which they teach 
the largest percentage of their classes. 
(C) It has at least one school whose teacher attrition 
rate has been 15 percent or more over the last three school 
years. 
(9) INSTITUTION OF HIGHER EDUCATION.—The term "institu-
tion of higher education" has the meaning given such term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)). 
(10) LOCAL EDUCATIONAL AGENCY.—The term "local edu-
cational agency" has the meaning given such term by section 
9101(26) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801(26)). 
(11) MASTER TEACHER.—The term "master teacher" means 
a mathematics or science teacher who works to improve the 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3037 
instruction of mathematics or science in kindergarten through 
grade 12 through— 
(A) participating in the development or revision of 
science, mathematics, engineering, or technology curricula; 
(B) serving as a mentor to mathematics or science 
teachers; 
(C) coordinating and assisting teachers in the use of 
hands-on inquiry materials, equipment, and supplies, and 
when appropriate, supervising acquisition and repair of 
such materials; 
(D) providing in-classroom teaching assistance to 
mathematics or science teachers; and 
(E) providing professional development, including for 
the purposes of training other master teachers, to mathe-
matics and science teachers. 
(12) 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 giffili- 
- - -
ated with research institutions located in the United States. 
(13) SECONDARY SCHOOL.—The term "secondary school" has 
the meaning given that term by section 9101(38) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7801(38)). 
(14) STATE.—Except with respect to the Experimental Pro-
gram to Stimulate Competitive Research, the term "State" 
means one of 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, or any other territory or possession of the United 
States. 
(15) STATE EDUCATIONAL AGENCY.—^The term "State edu-
cational agency" has the meaning given such term by section 
9101(41) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801(41)). 
(16) 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. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
(a) FISCAL YEAR 2003.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foimdation $5,536,390,000 for fiscal year 2003. 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized 
under paragraph (1)— 
(A) $4,155,690,000 shall be made available to carry 
out research and related activities, of which $704,000,000 
shall be for information technology research described in 
paragraph (1) of section 8 and $301,000,000 shall be for 
nanoscale science and engineering described in paragraph 
(2) of section 8; 
(B) $1,006,250,000 shall be made available for edu-
cation and human resources, of which— 
(i) $200,000,000 shall be for mathematics and 
science education partnerships described in section 9; 
99-194 O - 03 - 20 : QL 3 Part4 
116 STAT. 3038 
PUBLIC LAW 107-368—DEC. 19, 2002 
(ii) $20,000,000 shall be for the Robert Noyce 
Scholarship Program described in section 10; and 
(iii) $25,000,000 shall be for the science, mathe-
matics, engineering, and technology talent expansion 
program described in paragraph (7) of section 8; 
(C) $172,050,000 shall be made available for major 
research equipment and facilities construction; 
(D) $191,200,000 shall be made available for salaries 
and expenses; 
(E) $3,500,000 shall be made available for the Office 
of the National Science Board, including salaries and com-
pensation for members of the Board and staff appointed 
under section 4 of the National Science Foundation Act 
of 1950 (42 U.S.C. 1863), travel and training costs for 
members of the Board and such staff, general and Board 
operating expenses, representational expenses for the 
Board, honorary awards made by the Board, Board reports 
(other than the report entitled "Science and Engineering 
Indicators"), and contracts; and 
(F) $7,700,000 shall be made available for the Office 
of Inspector General. 
(b) FISCAL YEAR 2004.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foundation $6,390,832,000 for fiscal year 2004. 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized 
under paragraph (1)— 
(A) $4,799,822,000 shall be made available to carry 
out research and related activities, of which $774,000,000 
shall be for information technology research described in 
paragraph (1) of section 8 and $350,000,000 shall be for 
nanoscale science and engineering described in paragraph 
(2) of section 8; 
(B) $1,157,188,000 shall be made available for edu-
cation and human resources, of which— 
(i) $300,000,000 shall be for mathematics and 
science education partnerships described in section 9; 
(ii) $20,000,000 shall be for the Robert Noyce 
Scholarship Program described in section 10; and 
(iii) $30,000,000 shall be for the science, mathe-
matics, engineering, and technology talent expansion 
program described in paragraph (7) of section 8; 
(C) $211,182,000 shall be made available for major 
research equipment and facilities construction; 
(D) $210,320,000 shall be made available for salaries 
and expenses; 
(E) $3,850,000 shall be made available for the Office 
of the National Science Board for the purposes described 
in subsection (a)(2)(E); and 
(F) $8,470,000 shall be made available for the Office 
of Inspector General. 
(c) FISCAL YEAR 2005.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Foundation $7,378,343,000 for fiscal year 2005. 
(2) SPECIFIC ALLOCATIONS.—Of the amount authorized 
under paragraph (1)— 
(A) $5,543,794,000 shall be made available to carry 
out research and related activities; 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3039 
(B) $1,330,766,000 shall be made available to carry 
out education and human resources, of which— 
(i) $400,000,000 shall be for mathematics and 
science education partnerships described in section 9; 
(ii) $20,000,000 shall be for the Robert Noyce 
Scholarship Program described in section 10; and 
(iii) $35,000,000 shall be for the science, mathe-
matics, engineering, and technology talent expansion 
program described in paragraph (7) of section 8; 
(C) $258,879,000 shall be made available for major 
research equipment and facilities construction; 
(D) $231,337,000 shall be made available for salaries 
and expenses; 
(E) $4,250,000 shall be made available for the Office 
of the National Science Board for the purposes described 
in subsection (a)(2)(E); and 
(F) $9,317,000 shall be made available for the Office 
of Inspector General. 
(d) FISCAL YEAR 2006.—There are authorized to be appropriated 
to the Foundation $8,519,776,000 for fiscal year 2006. 
(e) FISCAL YEAR 2007.—There are authorized to be appropriated 
to the Foundation $9,839,262,000 for fiscal year 2007. 
(f) CONTINGENT AUTHORIZATION.— 
(1) IN GENERAL.—Funds are authorized to be appropriated 
under subsections (d) and (e), contingent on a determination 
by Congress that the Foundation has made successful progress 
toward meeting management goals consisting of— 
(A) strategic management of human capital; 
(B) competitive sourcing; 
(C) improved financial performance; 
(D) expanded electronic government; and 
(E) budget and performance integration. 
(2) CONSIDERATION.—In making that determination. Con-
gress shall take into consideration whether or not the Director 
of the Office of Management and Budget has certified that 
the Foundation has, overall, made successful progress toward 
meeting those goals. 
SEC. 6. OBLIGATION OF MAJOR RESEARCH EQUIPMENT AND FACILI-
TIES CONSTRUCTION FUNDS. 
(a) FISCAL YEAR 2003.—None of the funds authorized under 
section 5(a)(2)(C) may be obligated until 30 days after the first 
report required under section 14(a)(2) is transmitted to the Con-
gress. 
(b) FISCAL YEAR 2004.—None of the funds authorized under 
section 5(b)(2)(C) may be obligated until 30 days after the report 
required by June 15, 2003, under section 14(a)(2) is transmitted 
to the Congress. 
(c) FISCAL YEAR 2005.—None of the funds authorized imder 
section 5(c)(2)(C) may be obligated until 30 days after the report 
required by June 15, 2004, under section 14(a)(2) is transmitted 
to the Congress. 
(d) FISCAL YEAR 2006.—None of the funds authorized under 
section 5(d) may be obligated for major research equipment and 
facilities construction until 30 days after the report required by 
June 15, 2005, under section 14(a)(2) is transmitted to the Congress. 
116 STAT. 3040 
PUBLIC LAW 107-368—DEC. 19, 2002 
(e) FISCAL YEAR 2007.—None of the funds authorized under 
section 5(e) may be obUgated for major research equipment and 
faciHties construction until 30 days after the report required by 
June 15, 2006, under section 14(a)(2) is transmitted to the Congress. 
Deadline. 
SEC. 7. ANNUAL PLAN FOR ALLOCATION OF FUNDING. 
Not later than 60 days after the date of enactment of legislation 
providing for the annual appropriation of funds for the Foundation, 
the Director shall submit to the Committee on Science and the 
Committee on Appropriations of the House of Representatives, and 
to the Committee on Commerce, Science, and Transportation, the 
Committee on Health, Education, Labor, and Pensions, and the 
Committee on Appropriations of the Senate, a plan for the allocation 
of funds authorized by this Act for the corresponding fiscal year. 
The portion of the plan pertaining to Research and Related Activi-
ties shall include a description of how the allocation of funding— 
(1) will affect the average size and duration of research 
grants supported by the Foundation by field of science, mathe-
matics, and engineering; 
(2) will affect trends in research support for major fields 
and subfields 
of science, mathematics, and 
engineering, 
including for emerging multidisciplinary research areas; and 
(3) is designed to achieve an appropriate balance among 
major fields and subfields of science, mathematics, and 
engineering. 
SEC. 8. SPECIFIC PROGRAM AUTHORIZATIONS. 
From amounts authorized to be appropriated under section 
5, the Director shall carry out the Foundation's research and edu-
cation programs, including the following initiatives in accordance 
with this section: 
(1) INFORMATION TECHNOLOGY.—^An information technology 
research program to support competitive, merit-reviewed pro-
posals for research, education, and infrastructure support in 
areas related to cybersecurity, terascale computing systems, 
software, 
networking, 
scalability, 
communications, 
data 
management, and remote sensing and geospatial information 
technologies. 
(2) NANOSCALE SCIENCE AND ENGINEERING.—^A nanoscale 
science and engineering research and education program to 
support competitive, merit-reviewed proposals that emphasize— 
(A) research aimed at discovering novel phenomena, 
processes, materials, and tools that address grand chal-
lenges in materials, electronics, optoelectronics and mag-
netics, manufacturing, the environment, and health care; 
and 
(B) supporting new research and interdisciplinary cen-
ters and networks of excellence, including shared national 
user facilities, infrastructure, research, and education 
activities on the societal implications of advances in 
nanoscale science and engineering. 
(3) 
PLANT 
GENOME 
RESEARCH.—(A) A plant 
genome 
research program to support competitive, 
merit-reviewed 
proposals— 
(i) that advance the understanding of the structure, 
organization, and function of plant genomes; and 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3041 
(ii) that accelerate the use of new knowledge and 
innovative technologies toward a more complete under-
standing of basic biological processes in plants, especially 
in economically important plants such as com and soy-
beans. 
(B) Regional plant genome and gene expression research 
centers to conduct research and dissemination activities that 
may include— 
(i) basic plant genomics research and genomics applica-
tions, including those related to cultivation of crops in 
extreme environments and to cultivation of crops with 
reduced reliance on fertilizer, herbicides, and pesticides; 
(ii) basic research that will contribute to the develop-
ment or use of innovative plant-derived products; 
(iii) basic research on alternative uses for plants and 
plant materials, including the use of plants as renewable 
feedstock for alternative energy production and nonpetro-
leum-based industrial chemicals and precursors; and 
(iv) basic research and dissemination of information 
on the ecological and other consequences of genetically 
engineered plants. 
Competitive, merit-based 
awards for centers under 
this 
subparagraph shall be to consortia of institutions of higher 
education or nonprofit organizations. The Director shall, to 
the extent practicable, ensure that research centers established 
under this subparagraph collectively examine as many different 
agricultural environments as possible, enhance the excellence 
of existing Foundation programs, and focus on plants of eco-
nomic importance. 
(C) Research partnerships to focus on— 
(i) basic genomic research on crops grown in the devel-
oping world; 
(ii) basic plant genome research that will advance and 
expedite the development of improved cultivars, including 
those that are pest-resistant, produce increased yield, 
reduce the need for fertilizers, herbicides, or pesticides, 
or have increased tolerance to stress; 
(iii) basic research that could lead to the development 
of technologies to produce pharmaceutical compounds such 
as vaccines and medications in plants that can be grown 
in the developing world; and 
(iv) research on the impact of plant biotechnology on 
the social, political, economic, health, and environmental 
conditions in countries in the developing world. 
Competitive, merit-based awards for partnerships under this 
subparagraph shall be to institutions of higher education, non-
profit organizations, or consortia of such entities that enter 
into a partnership that shall include one or more research 
institutions in one or more developing nations, and that may 
also include for-profit 
companies involved in plant bio-
technology. The Director, by means of outreach, shall encourage 
inclusion of historically Black colleges and universities, His-
panic-serving institutions, tribally controlled colleges and 
universities, Alaska Native-serving institutions, and Native 
Hawaiian-serving institutions in consortia that enter into such 
partnerships. 
116 STAT. 3042 
PUBLIC LAW 107-368—DEC. 19, 2002 
(4) INNOVATION PARTNERSHIPS.—^An innovation partner-
ships program to support competitive, merit-reviewed proposals 
that seek to stimulate innovation at the regional level through 
new partnerships involving States, regional governmental enti-
ties, local governmental entities, industry, academic institu-
tions, and other related organizations in strategically important 
fields of science and technology. 
(5) MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS.— 
The mathematics and science education partnerships program 
described in section 9. 
(6) 
ROBERT NOYCE SCHOLARSHIP PROGRAM.—The Robert 
Noyce Scholarship Program described in section 10. 
(7) SCIENCE, MATHEMATICS, ENGINEERING, AND TECHNOLOGY 
TALENT EXPANSION PROGRAM.^A) A program of competitive, 
merit-based, multi-year grants for eligible applicants to increase 
the number of students studying toward emd completing associ-
ate's or bachelor's degrees in science, mathematics, engineering, 
and technology, particularly in fields that have faced declining 
enrollment in recent years. 
(B) In selecting projects under this paragraph, the Director 
shall strive to increase the number of students studying toward 
and completing baccalaureate degrees, concentrations, or certifi-
cates in science, mathematics, engineering, or technology who 
are individuals identified in section 33 or 34 of the Science 
and Engineering Equal Opportunities Act (42 U.S.C. 1885a 
or 1885b). 
(C) The types of projects the Foundation may support under 
this paragraph include those that promote high quality— 
(i) interdisciplinary teaching; 
(ii) undergraduate-conducted research; 
(iii) mentor relationships for students; 
(iv) bridge programs that enable students at commu-
nity colleges to matriculate directly into baccalaureate 
science, mathematics, engineering, or technology programs; 
(v) internships 
carried 
out in partnership 
with 
industry; and 
(vi) innovative uses of digital technologies, particularly 
at institutions of higher education that serve high numbers 
or percentages of economically disadvantaged students. 
(D)(i) In order to receive a grant under this paragraph, 
an eligible applicant shall establish targets to increase the 
number of students studying toward and completing associate's 
or bachelor's degrees in science, mathematics, engineering, or 
technology. 
(ii) A grant under this paragraph shall be awarded for 
a period of 5 years, with the final 2 years of funding contingent 
on the Director's determination that satisfactory progress has 
been made by the grantee toward meeting the targets estab-
lished under clause (i). 
(iii) In the case of community colleges, a student who 
transfers to a baccalaureate program, or receives a certificate 
under an established certificate program, in science, mathe-
matics, engineering, or technology shall be counted toward 
meeting a target established under clause (i). 
(E) For each grant awarded under this paragraph to an 
institution of higher education, at least 1 principal investigator 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3043 
shall be in a position of administrative leadership at the institu-
tion of higher education, and at least 1 principal investigator 
shall be a faculty member from an academic department 
included in the work of the project. For each grant awarded 
to a consortium or partnership, at each institution of higher 
education participating in the consortium or partnership, at 
least 1 of the individuals responsible for carrying out activities 
authorized under this paragraph at that institution shall be 
in a position of administrative leadership at the institution, 
and at least 1 shall be a faculty member from an academic 
department included in the work of the project at that institu-
tion. 
(F) In this paragraph, the term "eligible applicant" means— 
(i) an institution of higher education; 
(ii) a consortium of institutions of higher education; 
or 
(iii) a partnership between— 
(I) an institution of higher education or a consor-
tium of such institutions; and 
(II) a nonprofit organization, a State or local 
government, or a private company, with demonstrated 
experience and effectiveness in science, mathematics, 
engineering, or technology education. 
(8) SECONDARY SCHOOL SYSTEMIC INITIATIVE.—A program 
of competitive, merit-based grants for State educational agen-
cies or local educational agencies that supports the planning 
and implementation of agency-wide secondary school reform 
initiatives designed to promote scientific and technological lit-
eracy, meet the mathematics and science education needs of 
students at risk of not achieving State student academic 
achievement standards, reduce the need for basic skill training 
by employers, and heighten college completion rates through 
activities, such as— 
(A) systemic alignment of secondary school curricula 
and higher education freshman placement requirements; 
(B) development of materials and curricula that sup-
port small, theme-oriented schools and learning commu-
nities; 
(C) implementation of enriched mathematics and 
science curricula for all secondary school students; 
(D) strengthened teacher training in mathematics, 
science, and reading as it relates to technical and special-
ized texts; 
(E) 
laboratory 
improvement 
and 
provision 
of 
instrumentation as part of a comprehensive program to 
enhance the quality of mathematics, science, engineering, 
and technology instruction; or 
(F) other secondary school systemic initiatives that 
enable grantees to leverage private sector funding for 
mathematics, science, engineering, and technology scholar-
ships. 
In awarding grants under this paragraph, the Director shall 
give priority to agencies that serve high poverty communities. 
(9) EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
RESEARCH.—^The Experimental Program to Stimulate Competi-
tive Research, established under section 113 of the National 
116 STAT. 3044 
PUBLIC LAW 107-368—DEC. 19, 2002 
Science Foundation Authorization Act of 1988 (42 U.S.C. 
1862g), that is designed to enhance— 
(A) research in mathematics, science, and engineering 
throughout the States eUgible to participate in the program 
and the Commonwealth of Puerto Rico; 
(B) research infrastructure in the States eHgible to 
participate in the program and the Commonwealth of 
Puerto Rico; and 
(C) the geographic distribution of Federal research and 
development support. 
(10) THE SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES 
ACT.—^A comprehensive program designed to advance the goals 
of the Science and Engineering Equal Opportunities Act (42 
U.S.C. 1885 et seq.), including programs to— 
(A) provide support to minority-serving institutions; 
and 
(B) ensure that reports required under sections 36 
and 37 of such Act are submitted to the— 
(i) Committee on Science of the House of Rep-
resentatives; 
(ii) Committee on Health, Education, Labor, and 
Pensions of the Senate; and 
(iii) 
Committee 
on Commerce, 
Science, and 
Transportation of the Senate. 
(11) ASTRONOMICAL RESEARCH AND INSTRUMENTATION.—^An 
astronomical research program to support competitive, merit-
reviewed proposals that— 
(A) will advance understanding of— 
(i) the origins and characteristics of planets, the 
Sun, 
other 
stars, the Milky Way Galaxy, and 
extragalactic objects (such as clusters of galaxies and 
quasars); and 
(ii) the structure and origin of the universe; and 
(B) support related activities such as developing 
advanced technologies and instrumentation, funding under-
graduate and graduate students, and satisfying other 
instrumentation and research needs. 
42 use 1862n. 
SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS. 
(a) PROGRAM AUTHORIZED.— 
(1) IN GENERAL.—(A) The Director shall carry out a pro-
gram to award grants to institutions of higher education or 
eligible nonprofit organizations (or consortia of such institutions 
or organizations) to establish mathematics and science edu-
cation partnership programs to improve elementary and sec-
ondary mathematics and science instruction. 
(B) Grants shall be awarded under this subsection on a 
competitive, merit-reviewed basis. 
(2) PARTNERSHIPS.—(A) In order to be eligible to receive 
a grant under this subsection, an institution of higher education 
or eligible nonprofit organization (or consortium of such institu-
tions or organizations) shall enter into a partnership with one 
or more local educational agencies that may also include a 
State educational agency or one or more businesses. 
(B) A participating institution of higher education shall 
include mathematics, science, or engineering departments in 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3045 
the programs carried out through a partnership under this 
paragraph. 
(3) USES OF FUNDS.—Grants awarded under this subsection 
shall be used for activities that draw upon the expertise of 
the partners to improve elementary or secondary education 
in mathematics or science and that are consistent with State 
mathematics and science student academic achievement stand-
ards, including— 
(A) recruiting and preparing students for careers in 
elementary or secondary mathematics or science education; 
(B) 
offering 
professional 
development 
programs, 
including summer or academic year institutes or work-
shops, designed to strengthen the capabilities of mathe-
matics and science teachers; 
(C) offering innovative preservice and inservice pro-
grams that instruct teachers on using technology more 
effectively in teaching mathematics and science, including 
programs that recruit and train undergraduate and grad-
uate students to provide technical support to teachers; 
(D) developing distance learning programs for teachers 
or students, including developing courses, curricular mate-
rials, and other resources for the in-service professional 
development of teachers that are made available to teachers 
through the Internet; 
(E) developing a cadre of master teachers who will 
promote reform and improvement in schools; 
(F) offering teacher preparation and certification pro-
grams for professional mathematicians, scientists, and 
engineers who wish to begin a career in teaching; 
(G) developing tools to evaluate activities conducted 
under this subsection; 
(H) developing or adapting elementary school and sec-
ondary school mathematics and science curricular materials 
that incorporate contemporary research on the science of 
learning; 
(I) developing initiatives to increase and sustain the 
number, quality, and diversity of prekindergarten through 
grade 12 teachers of mathematics and science, especially 
in underserved areas; 
(J) using mathematicians, scientists, and engineers 
employed by private businesses to help recruit and train 
mathematics and science teachers; 
(K) developing and offering mathematics or science 
enrichment programs for students, including after-school 
and summer programs; 
(L) providing research opportunities in business or aca-
demia for students and teachers; 
(M) bringing mathematicians, scientists, and engineers 
from business and academia into elementary school and 
secondary school classrooms; and 
(N) any other activities the Director determines will 
accomplish the goals of this subsection. 
(4) MASTER TEACHERS.—^Activities carried out in accordance 
with paragraph (3)(E) shall— 
(A) emphasize the training of master teachers who 
will improve the instruction of mathematics or science in 
kindergarten through grade 12; 
116 STAT. 3046 
PUBLIC LAW 107-368—DEC. 19, 2002 
(B) include training in both content and pedagogy; 
and 
(C) provide training only to teachers who will be 
granted sufficient nonclassroom time to serve as master 
teachers, as demonstrated by assurances their employing 
school has provided to the Director, in such time and such 
manner as the Director may require. 
(5) SCIENCE ENRICHMENT PROGRAMS FOR GIRLS.—Activities 
carried out in accordance with paragraph (3)(K) and (L) shall 
include elementary school and secondary school programs to 
encourage the ongoing interest of girls in science, mathematics, 
engineering, and technology and to prepare girls to pursue 
undergraduate and graduate degrees and careers in science, 
mathematics, engineering, or technology. Funds made available 
through awards to partnerships for the purposes of this para-
graph may support programs for— 
(A) encouraging girls to pursue studies in science, 
mathematics, engineering, and technology and to major 
in such fields in postsecondary education; 
(B) tutoring girls in science, mathematics, engineering, 
and technology; 
(C) providing mentors for girls in person and through 
the Internet to support such girls in pursuing studies in 
science, mathematics, engineering, and technology; 
(D) educating the parents of girls about the difficulties 
faced by girls to maintain an interest and desire to achieve 
in science, mathematics, engineering, and technology, and 
enlisting the help of parents in overcoming these difficul-
ties; and 
(E) acquainting girls with careers in science, mathe-
matics, engineering, and technology and encouraging girls 
to plan for careers in such fields. 
(6) RESEARCH IN SECONDARY SCHOOLS.—Activities carried 
out in accordance with paragraph (3)(K) may include support 
for research projects performed by students at secondary 
schools. Uses of funds made available through awards to part-
nerships for purposes of this paragraph may include— 
(A) training secondary school mathematics and science 
teachers in the design of research projects for students; 
(B) establishing a system for students and teachers 
involved in research projects funded under this subsection 
to exchange information about their projects and research 
results; and 
(C) assessing the educational value of the student 
research projects by such means as tracking the academic 
performance and choice of academic majors of students 
conducting research. 
(7) STIPENDS.—Grants awarded under this subsection may 
be used to provide stipends for teachers or students partici-
pating in training or research activities that would not be 
part of their typical classroom activities. 
(b) SELECTION PROCESS.— 
(1) APPLICATION.—^An institution of higher education or 
an eligible nonprofit organization (or a consortium of such 
institutions or organizations) seeking funding under subsection 
(a) shall submit an application to the Director at such time, 
in such manner, and containing such information as the 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3047 
Director may require. The application shall include, at a 
minimum— 
(A) a description of the partnership and the role that 
each member will play in implementing the proposal; 
(B) a description of each of the activities to be carried 
out, including— 
(i) how such activities will be aligned with State 
mathematics and science student academic achieve-
ment standards and with other activities that promote 
student achievement in mathematics and science; 
(ii) how such activities will be based on a review 
of relevant research; 
(iii) why such activities are expected to improve 
student performance and strengthen the quality of 
mathematics and science instruction; and 
(iv) any activities that will encourage the interest 
of individuals identified in section 33 or 34 of the 
Science and Engineering Equal Opportunities Act (42 
U.S.C. 1885a or 1885b) in mathematics, science, 
engineering, and technology and will help prepare such 
individuals to pursue postsecondary studies in these 
fields; 
(C) a description of the number, size, and nature of 
any stipends that will be provided to students or teachers 
and the reasons such stipends are needed; 
(D) a description of how the partnership will serve 
as a catalyst for reform of mathematics and science edu-
cation programs; 
(E) a description of how the partnership will assess 
its success; 
(F) a description of how the partnership will collaborate 
with the State educational agency to ensure that successful 
partnership activities may be replicated throughout the 
State; and 
(G) a description of the manner in which the partner-
ship will be continued after assistance under this section 
ends. 
(2) REVIEW OF APPLICATIONS.—In evaluating the applica-
tions submitted under paragraph (1), the Director shall con-
sider, at a minimum— 
(A) the ability of the partnership to carry out effectively 
the proposed programs; 
(B) the extent to which the members of the partnership 
are committed to making the partnership a central 
organizational focus; 
(C) the degree to which activities carried out by the 
partnership are based on relevant research and are likely 
to result in increased student achievement; 
(D) the degree to which such activities are aligned 
with State mathematics and science student academic 
achievement standards; 
(E) the likelihood that the partnership will dem-
onstrate activities that can be widely implemented as part 
of larger scale reform efforts; and 
(F) the extent to which the activities will encourage 
the interest of individuals identified in section 33 or 34 
of the Science and Engineering Equal Opportunities Act 
116 STAT. 3048 
PUBLIC LAW 107-368—DEC. 19, 2002 
Public 
information. 
(42 U.S.C. 1885a or 1885b) in mathematics, science, 
engineering, and technology and will help prepare such 
individuals to pursue postsecondary studies in these fields. 
(3) AWARDS.—^In awarding grants under this section, the 
Director shall— 
(A) give priority to applications in which the partner-
ship includes a high-need local educational agency or a 
high-need local educational agency in which at least one 
school does not make adequate yearly progress, as deter-
mined pursuant to part A of title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311 
et seq.); and 
(B) ensure that, to the extent practicable, a substantial 
number of the partnerships funded under this section 
include businesses. 
(c) ACCOUNTABILITY AND DISSEMINATION.— 
(1) ASSESSMENT REQUIRED.—^The Director shall evaluate 
the program established under subsection (a). At a minimum, 
such evaluation shall— 
(A) use a common set of benchmarks and assessment 
tools to identify best practices and materials developed 
and demonstrated by the partnerships; and 
(B) to the extent practicable, compare the effectiveness 
of practices and materials developed and demonstrated by 
the partnerships authorized under this section with those 
of partnerships funded by other State or Federal agencies. 
(2) DISSEMINATION OF RESULTS.—(A) The results of the 
evaluation required under paragraph (1) shall be made avail-
able to the public and shall be provided to the Committee 
on Science of the House of Representatives, the Committee 
on Commerce, Science, and Transportation of the Senate, and 
the Committee on Health, Education, Labor, and Pensions of 
the Senate. 
(B) Materials developed under the program established 
under subsection (a) that are demonstrated to be effective shall 
be made widely available to the public. 
(3) ANNUAL MEETING.—The Director, in consultation with 
the Secretary of Education, shall convene an annual meeting 
of the partnerships participating under this section to foster 
greater national collaboration. 
(4) REPORT ON COORDINATION.—^The Director, in consulta-
tion with the Secretary of Education, shall provide an annual 
report to the Committee on Science of the House of Representa-
tives, the Committee on Education and the Workforce of the 
House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
describing how the program authorized under this section has 
been and will be coordinated with the program authorized 
under part B of title H of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6601 et seq.). The report 
under this paragraph shall be submitted along with the Presi-
dent's annual budget request. 
(5) TECHNICAL ASSISTANCE.—At the request of an eligible 
partnership or a State educational agency, the Director shall 
provide the partnership or agency with technical assistance 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3049 
in meeting any requirements of this section, including providing 
advice from experts on how to develop— 
(A) a quality application for a grant; and 
(B) quality activities from funds received from a grant 
under this section. 
SEC. 10. ROBERT NOYCE SCHOLARSHIP PROGRAM. 
. 
42 USC1862n-l. 
(a) SCHOLARSHIP PROGRAM.— 
(1) IN GENERAL.—The Director shall carry out a program 
to award grants to institutions of higher education (or consortia 
of such institutions) to provide scholarships, stipends, and 
programming designed to recruit and train mathematics and 
science teachers. Such program shall be known as the "Robert 
Noyce Scholarship Program". 
(2) MERIT REVIEW.—Grants shall be provided imder this 
subsection on a competitive, merit-reviewed basis. 
(3) USE OF GRANTS.—Grants provided under this section 
shall be used by institutions of higher education or consortia— 
(A) to develop and implement a program to encourage 
top college juniors and seniors majoring in mathematics, 
science, and engineering at the grantee's institution to 
become mathematics and science teachers, through— 
(i) administering scholarships in accordance with 
subsection (c); 
(ii) offering programs to help scholarship recipients 
to teach in elementary schools and secondary schools, 
including programs that will result in teacher certifi-
cation or licensing; and 
(iii) offering programs to scholarship recipients, 
both before and after they receive their baccalaureate 
degree, to enable the recipients to become better 
mathematics and science teachers, to fulfill the service 
requirements of this section, and to exchange ideas 
with others in their fields; or 
(B) to develop and implement a program to encourage 
science, mathematics, or engineering professionals 
to 
become mathematics and science teachers, through— 
(i) administering stipends in accordance with sub-
section (d); 
(ii) offering programs to help stipend recipients 
obtain teacher certification or licensing; and 
(iii) offering programs to stipend recipients, both 
during and after matriculation in the program for 
which the stipend is received, to enable recipients to 
become better mathematics and science teachers, to 
fulfill the service requirements of this section, and 
to exchange ideas with others in their fields. 
(b) SELECTION PROCESS.— 
(1) APPLICATION.—^An institution of higher education or 
consortium seeking funding under this section shall submit 
an application to the Director at such time, in such manner, 
and containing such information as the Director may require. 
The application shall include, at a minimum— 
(A) a description of the scholarship or stipend program 
that the applicant intends to operate, including the number 
of scholarships or the size and number of stipends the 
116 STAT. 3050 
PUBLIC LAW 107-368—DEC. 19, 2002 
applicant intends to award, and the selection process that 
will be used in awarding the scholarships or stipends; 
(B) evidence that the applicant has the capability to 
administer the scholarship or stipend program in accord-
ance with the provisions of this section; and 
(C) a description of the programming that will be 
offered to scholarship or stipend recipients during and after 
their matriculation in the program for which the scholar-
ship or stipend is received. 
(2) REVIEW OF APPLICATIONS.—In evaluating the applica-
tions submitted under paragraph (1), the Director shall con-
sider, at a minimum— 
(A) the ability of the applicant to effectively carry 
out the program; 
(B) the extent to which the applicant is committed 
to making the program a central organizational focus; 
(C) the degree to which the proposed programming 
will enable scholarship or stipend recipients to become 
successful mathematics and science teachers; 
(D) the number and quality of the students that will 
be served by the program; and 
(E) the ability of the applicant to recruit students 
who would otherwise not pursue a career in teaching. 
(c) SCHOLARSHIP REQUIREMENTS.— 
(1) IN GENERAL.—Scholarships under this section shall be 
available only to students who are— 
(A) majoring in science, mathematics, or engineering; 
and 
(B) in the last 2 years of a baccalaureate degree pro-
gram. 
(2) SELECTION.—Individuals shall be selected to receive 
scholarships primarily on the basis of academic merit, with 
consideration given to financial need and to the goal of pro-
moting the participation of individuals identified in section 
33 or 34 of the Science and Engineering Equal Opportunities 
Act (42 U.S.C. 1885a or 1885b). 
(3) AMOUNT.—^The Director shall establish for each year 
the amount to be awarded for scholarships under this section 
for that year, which shall be not less than $7,500 per year, 
except that no individual shall receive for any year more than 
the cost of attendance at that individual's institution. Individ-
uals may receive a maximum of 2 years of scholarship support. 
(4) SERVICE OBLIGATION.—If an individual receives a schol-
arship, that individual shall be required to complete, within 
6 years after graduation from the baccalaureate degree program 
- for which the scholarship was awarded, 2 years of service 
as a mathematics or science teacher for each year a scholarship 
was received. Service required under this paragraph shall be 
performed in a high-need local educational agency. 
(d) STIPENDS.— 
(1) IN GENERAL.—Stipends under this section shall be avail-
able only to mathematics, science, and engineering professionals 
who, while receiving the stipend, are enrolled in a program 
to receive certification or licensing to teach. 
(2) SELECTION.—Individuals shall be selected to receive 
stipends under this section primarily on the basis of academic 
merit, with consideration given to financial need and to the 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3051 
goal of promoting the participation of individuals identified 
in section 33 or 34 of the Science and Engineering Equal 
Opportunities Act (42 U.S.C. 1885a or 1885b). 
(3) DURATION.—Individuals may receive a maximum of 1 
year of stipend support. 
(4) SERVICE OBLIGATION.—If an individual receives a sti-
pend under this section, that individual shall be required to 
complete, within 6 years after graduation from the program 
for which the stipend was awarded, 2 years of service as a 
mathematics or science teacher for each year a stipend was 
received. Service required under this paragraph shall be per-
formed in a high-need local educational agency. 
(e) CONDITIONS OF SUPPORT.—^As a condition of acceptance of 
a scholarship or stipend under this section, a recipient shall enter 
into an agreement with the institution of higher education— 
(1) accepting the terms of the scholarship or stipend pursu-
ant to subsections (c) and (g), or subsection (d); 
(2) agreeing to provide the awarding institution of higher 
education with annual certification of employment and up-
to-date contact information and to participate in surveys pro-
vided by the institution of higher education as part of an 
ongoing assessment program; and 
(3) establishing that any scholarship recipient shall be 
liable to the United States for any amount that is required 
to be repaid in accordance with the provisions of subsection 
(g). 
(f) COLLECTION FOR NONCOMPLIANCE.— 
(1) MONITORING COMPLIANCE.—^An institution of higher 
education (or consortium thereof) receiving a grant under this 
section shall, as a condition of participating in the program, 
enter into an agreement with the Director to monitor the 
compliance of scholarship and stipend recipients with their 
respective service requirements. 
(2) COLLECTION OF REPAYMENT.—(A) In the event that a 
scholarship recipient is required to repay the scholarship under 
subsection (g), the institution shall be responsible for collecting 
the repayment amounts. 
(B) Except as provided in subparagraph (C), any such 
repayment shall be returned to the Treasury of the United 
States. 
(C) A grantee may retain a percentage of any repa3mient 
it collects to defray administrative costs associated with the 
collection. The Director shall establish a single, fixed percentage 
that will apply to all grantees. 
(g) FAILURE TO COMPLETE SERVICE OBLIGATION.— 
(1) GENERAL RULE.—If an individual who has received a 
scholarship under this section— 
(A) fails to maintain an acceptable level of academic 
standing in the educational institution in which the indi-
vidual is enrolled, as determined by the Director; 
(B) is dismissed from such educational institution for 
disciplinary reasons; 
(C) withdraws from the baccalaureate degree program 
for which the award was made before the completion of 
such program; 
(D) declares that the individual does not intend to 
fulfill the service obligation under this section; or 
116 STAT. 3052 
PUBLIC LAW 107-368—DEC. 19, 2002 
(E) fails to fulfill the service obligation of the individual 
under this section, 
such individual shall be liable to the United States as provided 
in paragraph (2). 
(2) 
AMOUNT 
OF REPAYMENT.—(A) If a 
circumstance 
described in paragraph •( 1) occurs before the completion of one 
year of a service obligation under this section, the United 
States shall be entitled to recover from the individual, within 
one year after the date of the occurrence of such circumstance, 
an amount equal to— 
(i) the total amount of awards received by such indi-
vidual under this section; plus 
(ii) the interest on the amounts of such awards which 
would be payable if at the time the awards were received 
they were loans bearing interest at the maximum legal 
prevailing rate, as determined by the Treasurer of the 
United States, 
multiplied by 2. 
(B) If a circumstance described in paragraph (1)(D) or 
(E) occurs after the completion of one year of a service obligation 
under this section, the United States shall be entitled to recover 
from the individual, within one year after the date of the 
occurrence of such circumstance, an amount equal to the total 
amount of awards received by such individual under this section 
minus V2 of the amount of the award received per year for 
each full year of service completed, plus the interest on such 
amounts which would be payable if at the time the amounts 
were received they were loans bearing interest at the maximum 
legal prevailing rate, as determined by the Treasurer of the 
United States. 
(3) EXCEPTIONS.—The Director may provide for the partial 
or total waiver or suspension of any service or payment obliga-
tion by an individual under this section whenever compliance 
by the individual with the obligation is impossible or would 
involve extreme hardship to the individual, or if enforcement 
of such obligation with respect to the individual would be 
unconscionable. 
(h) DATA COLLECTION.—Institutions or consortia 
receiving 
grants under this section shall supply to the Director any relevant 
statistical and demographic data on scholarship recipients and sti-
pend recipients the Director may request, including information 
on employment required by subsection (e). 
(i) DEFINITIONS.—In this section— 
(1) the term "cost of attendance" has the meaning given 
such term in section 472 of the Higher Education Act of 1965 
(20 U.S.C. 108711); 
(2) the term "mathematics and science teacher" means 
a mathematics, science, or technology teacher at the elementary 
school or secondary school level; 
(3) the term "mathematics, science, or engineering profes-
sional" means a person who holds a baccalaureate, masters, 
or doctoral degree in science, mathematics, or engineering and 
is working in that field or a related area; 
(4) the term "scholarship" means an award under sub-
section (c); and 
(5) the term "stipend" means an award under subsection 
(d). 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3053 
SEC. 11. ESTABLISHMENT OF CENTERS FOR RESEARCH ON MATHE- 
42 USC 1862n-2. 
MATICS AND SCIENCE LEARNING AND EDUCATION 
IMPROVEMENT. 
(a) ESTABLISHMENT.— 
Grants. 
(1) IN GENERAL.—(A) The Director shall award grants to 
institutions of higher education (or consortia thereof) to estab-
lish multidisciplinary Centers for Research on Learning and 
Education Improvement. 
(B) Grants shall be awarded under this paragraph on a 
competitive, merit-reviewed basis. 
(2) PURPOSE.—The purpose of the Centers shall be to con-
duct and evaluate research in cognitive science, education, and 
related fields and to develop ways in which the results of 
such research can be applied in elementary school and sec-
ondary school classrooms to improve the teaching of mathe-
matics and science. 
(3) Focus.—(A) Each Center shall be focused on a different 
challenge faced by elementary school or secondary school 
teachers of mathematics and science. In determining the 
research focus of the Centers, the Director shall consult with 
the National Academy of Sciences and the Secretary of Edu-
cation and take into account the extent to which other Federal 
programs support research on similar questions. 
(B) The proposal solicitation issued by the Director shall 
state the focus of each Center and applicants shall apply for 
designation as a specific Center. 
(C) At least one Center shall focus on developing ways 
in which the results of research described in paragraph (2) 
can be applied, duplicated, and scaled up for use in low-per-
forming elementary schools and secondary schools to improve 
the teaching and student achievement levels in mathematics 
and science. 
(D) To the extent practicable and relevant to its focus, 
every Center shall include, as part of its research, work 
designed to quantitatively assess and improve the ways that 
information technology is used in the teaching of mathematics 
and science. 
(b) SELECTION PROCESS.— 
(1) APPLICATION.—^An institution of higher education (or 
a consortium of such institutions) seeking funding under this 
section shall submit an application to the Director at such 
time, in such manner, and containing such information as 
the Director may require. The application shall include, at 
a minimum, a description of— 
(A) the initial research projects that will be undertaken 
by the Center and the process by which new projects will 
be identified; 
(B) how the Center will work with other research 
institutions and schools to broaden the national research 
agenda on learning and teaching; 
(C) how the Center will promote active collaboration 
among physical, biological, and social science researchers; 
(D) how the Center will promote active participation 
by elementary and secondary mathematics and science 
teachers and administrators; and 
116 STAT. 3054 
PUBLIC LAW 107-368—DEC. 19, 2002 
(E) how the results of the Center's research can be 
incorporated into educational practices, and how the Center 
will assess the success of those practices. 
(2) REVIEW OF APPLICATIONS.—In evaluating the applica-
tions submitted under paragraph (1), the Director shall con-
sider, at a minimum— 
(A) the ability of the applicant to effectively carry 
out the research program, including the activities described 
in paragraph (1)(E); 
(B) the experience of the applicant in conducting 
research on the science of teaching and learning and the 
capacity of the applicant to foster new multidisciplinary 
collaborations; 
(C) the capacity of the applicant to attract elementary 
school and secondary school teachers from a diverse array 
of schools, and with diverse professional experiences, for 
participation in Center activities; and 
(D) the capacity of the applicant to attract and provide 
adequate support for graduate students to pursue research 
at the intersection of educational practice and basic 
research on human cognition and learning. 
(3) AWARDS.—The Director shall ensure, to the extent prac-
ticable, that the Centers funded under this section conduct 
research and develop educational practices designed to improve 
the educational performance of a broad range of students, 
including individuals identified in section 33 or 34 of the Science 
and Engineering Equal Opportunities Act (42 U.S.C. 1885a 
or 1885b). 
(c) ANNUAL CONFERENCE.—The Director shall convene an 
annual meeting of the Centers to foster collaboration among the 
Centers and to further disseminate the results of the Centers' 
activities. 
(d) COORDINATION.—The Director shall coordinate with the Sec-
retary of Education in— 
(1) disseminating the results of the research conducted 
pursuant to grants awarded under this section to elementary 
school teachers and secondary school teachers; and 
(2) providing programming, guidance, and support to 
ensure that such teachers— 
(A) understand the implications of the 
research 
disseminated under paragraph (1) for classroom practice; 
and 
(B) can use the research to improve such teachers' 
performance in the classroom. 
42 u s e 1862n-3. 
SEC. 12. DUPLICATION OF PROGRAMS. 
(a) IN GENERAL.—The Director shall review the education pro-
grams of the Foundation that are in operation as of the date 
of enactment of this Act to determine whether any of such programs 
duplicate the programs authorized under this Act. 
(b) IMPLEMENTATION.—^As programs authorized under this Act 
are implemented, the Director shall— 
(1) terminate any duplicative program being carried out 
by the Foundation or merge the duplicative program into a 
program authorized under this Act; and 
(2) not establish any new program that duplicates a pro-
gram that has been implemented pursuant to this Act. 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3055 
42 use 1862b 
note. 
Deadline. 
Reports. 
(c) REPORT.— 
(1) REVIEW.—The Director of the Office of Science and 
Technology PoHcy shall review the education programs of the 
Foundation to ensure compliance with the provisions of this 
section. 
(2) SUBMISSION.—Not later than 1 year after the date of DeadUne. 
enactment of this Act, and annually thereafter as part of the 
annual Office of Science and Technology Policy's budget submis-
sion to Congress, the Director of the Office of Science and 
Technology Policy shall complete a report on the review carried 
out under this subsection and shall submit the report to the 
Committee on Science and the Committee on Appropriations 
of the House of Representatives, and to the Committee on 
Commerce, Science, and Transportation, the Committee on 
Health, Education, Labor, and Pensions, and the Committee 
on Appropriations of the Senate. 
SEC. 
1
3
. 
MAJOR 
RESEARCH 
INSTRUMENTATION. 
(a) REVIEW AND ASSESSMENT.—The Director shall conduct a 
review and assessment of the major research instrumentation pro-
gram and, not later than 1 year after the date of enactment of 
this Act, submit a report of findings and recommendations to the 
Committee on Science of the House of Representatives, the Com-
mittee on Commerce, Science, and Transportation of the Senate, 
and the Committee on Health, Education, Labor, and Pensions 
of the Senate. The report shall include— 
(1) estimates of the needs, by major field of science and 
engineering and by types of institutions of higher education, 
for the types of research instrumentation that are eligible for 
acquisition under the guidelines of the major 
research 
instrumentation program; 
(2) a description of the distribution of awards and funding 
levels by year, by major field of science and engineering, and 
by type of institution of higher education for the program, 
since the inception of the major research instrumentation pro-
gram; and 
(3) an analysis of the impact of the major research 
instrumentation program on the research instrumentation 
needs that were documented in the Foundation's 1994 survey 
of academic research instrumentation needs. 
(b) NATIONAL ACADEMY OF SCIENCES ASSESSMENT ON INTER- Deadlines. 
DISCIPLINARY RESEARCH AND ADVANCED INSTRUMENTATION CEN-
TERS.— 
(1) ASSESSMENT.—Not later than 3 months after the date Contracts. 
of enactment of this Act, the Director shall enter into an 
- arrangement with the National Academy of Sciences to assess 
the need for an interagency program to establish and support 
fully equipped, state-of-the-art university-based centers for 
interdisciplinary 
research 
and 
advanced 
instrumentation 
development. 
(2) TRANSMITTAL TO CONGRESS.—Not later than 15 months 
after the date of the enactment of this Act, the Director shall 
transmit to the Committee on Science of the House of Rep-
resentatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Health, 
. 
Education, Labor, and Pensions of the Senate the assessment 
conducted by the National Academy of Sciences together with 
116 STAT. 3056 
PUBLIC LAW 107-368—DEC. 19, 2002 
the Foundation's reaction to the assessment authorized under 
paragraph (1). 
42 use 1862n-4. 
SEC. 14. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUC-
TION PLAN. 
(a) PRIORITIZATION OF PROPOSED MAJOR RESEARCH EQUIPMENT 
AND FACILITIES CONSTRUCTION.— 
(1) DEVELOPMENT OF PRIORITIES.—(A) The Director shall— 
(i) develop a list indicating by number the relative 
priority for funding under the major research equipment 
and facilities construction account that the Director assigns 
to each project the Board has approved for inclusion in 
a future budget request; and 
(ii) submit the list described in clause (i) to the Board 
for approval. 
(B) The Director shall update the list prepared under 
subparagraph (A) each time the Board approves a new project 
that would receive funding under the major research equipment 
and facilities construction account, as necessary to prepare 
reports under paragraph (2), and, from time to time, submit 
any updated list to the Board for approval. 
Deadlines. 
(2) ANNUAL REPORT.—Not later than 90 days after the 
date of enactment of this Act, and not later than each June 
15 thereafter, the Director shall transmit to the Committee 
on Science of the House of Representatives, the Committee 
on Commerce, Science, and Transportation of the Senate, and 
the Committee on Health, Education, Labor, and Pensions of 
the Senate a report containing— 
(A) the most recent Board-approved priority list devel-
oped under paragraph (IXA); 
(B) a description of the criteria used to develop such 
list; and 
(C) a description of the major factors for each project 
that determined the ranking of such project on the list, 
based on the application of the criteria described pursuant 
to subparagraph (B). 
(3) CRiTERLf^.—^The criteria described pursuant to para-
graph (2XB) shall include, at a minimum— 
(A) scientific merit; 
(B) broad societal need and probable impact; 
(C) consideration of the results of formal prioritization 
efforts by the scientific community; 
(D) readiness of plans for construction and operation; 
(E) the applicant's management and administrative 
capacity of large research facilities; 
(F) international and interagency commitments; and 
(G) the order in which projects were approved by the 
Board for inclusion in a future budget request. 
(b) FACILITIES PLAN.— 
(1) IN GENERAL.—Section 201(a)(1) of the National Science 
Foundation Authorization Act of 1998 (42 U.S.C. 18621(a)(1)) 
is amended to read as follows: 
"(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.". 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3057 
IS 
as 
(2) CONTENTS OF PLAN.—Section 201(a)(2) of the National 
Science Foundation Authorization Act of 1998 (42 U.S.C. 
18621(a)(2)) is amended— 
(A) in subparagraph (A), by striking "(1);" and inserting 
"(1), including costs for instrumentation development;"; 
(B) in subparagraph (B), by striking "and" after the 
semicolon; 
(C) in subparagraph (C), by striking "construction." 
and inserting "construction;"; and 
(D) by adding at the end the following: 
"(D) for each project funded under the major research 
equipment and facilities construction account— 
"(i) estimates of the total project cost (from plan-
ning 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 be conducted using each national 
research facility.". 
(3) DEFINITION.—Section 2 of the National Science Founda-
tion Authorization Act of 1998 (42 U.S.C. 1862k note) 
amended— 
(A) by redesignating paragraphs (3) through (5) 
paragraphs (4) through (6), respectively; and 
(B) by inserting after paragraph (2) the following: 
"(3) FULL LIFE-CYCLE COST.—The term 'full life-cycle cost' 
means all costs of planning, development, 
procurement, 
construction, operations and support, and shut-down costs, 
without regard to funding source and without regard to what 
entity manages the project or facility involved.". 
(c) PROJECT 
MANAGEMENT.—No national research 
facility 
project funded under the major research equipment and facilities 
construction account shall be managed by an individual whose 
appointment to the Foundation is temporary. 
(d) BOARD APPROVAL OF MAJOR RESEARCH EQUIPMENT AND 
FACILITIES PROJECTS.— 
(1) IN GENERAL.—The Board shall explicitly approve any 
project to be funded out of the major research equipment and 
facilities construction account before any funds may be obli-
gated from such account for such project. 
(2) REPORT.—Not later than September 15 of each fiscal 
year, the Board shall report to the Committee on Commerce, 
Science, and Transportation of the Senate, the Committee on 
Health, Education, Labor, and Pensions of the Senate, and 
the Committee on Science of the House of Representatives 
on the conditions of any delegation of authority under section 
4 of the National Science Foundation Act of 1950 (42 U.S.C. 
1863) that relates to funds appropriated for any project in 
the major research equipment and facilities 
construction 
account. 
(e) 
NATIONAL 
ACADEMY 
OF 
SCIENCES 
STUDY 
ON 
MAJOR 
RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION.— 
Deadline. 
Deadlines. 
116 STAT. 3058 
PUBLIC LAW 107-368—DEC. 19, 2002 
(1) STUDY.—Not later than 3 months after the date of 
enactment of this Act, the Director shall enter into an arrange-
ment with the National Academy of Sciences to perform a 
study on setting priorities for a diverse array of disciplinary 
and interdisciplinary Foundation-sponsored 
large 
research 
facility projects. 
(2) TRANSMITTAL TO CONGRESS.—Not later than 15 months 
after the date of the enactment of this Act, the Director shall 
transmit to the Committee on Science and the Committee on 
Appropriations of the House of Representatives, and to the 
Committee on Commerce, Science, and Transportation, the 
Committee on Health, Education, Labor, and Pensions, and 
the Committee on Appropriations of the Senate, the study 
conducted by the National Academy of Sciences together with 
the Foundation's reaction to the study authorized under para-
graph (1). 
42 use 1862n-5. 
SEC. 15. ADMINISTRATIVE AMENDMENTS. 
(a) BOARD MEETINGS.— 
(1) IN GENERAL.—Section 4(e) of the National Science 
Foundation Act of 1950 (42 U.S.C. 1863(e)) is amended by 
striking the second and third sentences and inserting "The 
Board shall adopt procedures governing the conduct of its 
meetings, including delivery of notice and a definition of a 
quorum, which in no case shall be less than one-half plus 
one of the confirmed members of the Board.". 
(2) OPEN MEETINGS.—The Board and all of its committees, 
subcommittees, and task forces (and any other entity consisting 
of members of the Board and reporting to the Board) shall 
be subject to section 552b of title 5, United States Code. 
(3) COMPLIANCE AUDIT.—The Inspector General of the 
Foundation shall conduct an annual audit of the compliance 
by the Board with the requirements described in paragraph 
(2). The audit shall examine the proposed and actual content 
of closed meetings and determine whether the closure of the 
meetings was consistent with section 552b of title 5, United 
States Code. 
Deadline. 
(4) REPORT.—Not later than February 15 of each year, 
the Inspector General of the Foundation shall transmit to the 
Committee on Science of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Health, Education, Labor, and 
Pensions of the Senate the audit required under paragraph 
(3) along with recommendations for corrective actions that need 
to be ta]ken to achieve fuller compliance with the requirements 
described in paragraph (2), and recommendations on how to 
ensure public access to the Board's deliberations. 
(b) CONFIDENTIALITY OF CERTAIN INFORMATION.—Section 14(i) 
of the National Science Foundation Act of 1950 (42 U.S.C. 1873(i)) 
is amended to read as follows: 
"(i)(l)(A) 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, aca-
demic, or other nonprofit institution when the institution has 
received a pledge of confidentiality from the Foundation, shall not 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3059 
be disclosed to the public unless the information has been trans-
formed into statistical or abstract formats that do not allow for 
the identification of the supplier. 
"(B) Information that has not been transformed into formats 
described in subparagraph (A) may be used only for statistical 
or research purposes. 
"(C) The identities of individuals, organizations, and institu-
tions supplying information described in subparagraph (A) may 
not be disclosed to the public. 
"(2) 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 information collected pursuant to 
section 3(a)(5) or (6) that allows for the identification of the supplier. 
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 data that allows for such identifica-
tion relating to an individual, an industrial or commercial 
organization, or an academic, educational, or other nonprofit 
institution that has received a pledge of confidentiality from 
the Foundation; or 
"(C) knowingly and willfully 
request or obtain 
any 
nondisclosable information described in paragraph (1) from the 
Foundation under false pretenses. 
"(3) Violation of this subsection is punishable by a fine of 
not more than $10,000, imprisonment for not more than 5 years, 
or both.". 
(c) APPOINTMENT.—Section 4(g) of the National Science Founda-
tion Act of 1950 (42 U.S.C. 1863(g)) is amended by striking the 
second sentence and inserting "Such staff shall be appointed by 
the Chairman and assigned at the direction of the Board.". 
(d) SCHOLARSHIP ELIGIBILITY.—The Director shall not exclude 
part-time students from eligibility for scholarships under the Com-
puter Science, Engineering, and Mathematics Scholarship program. 
SEC. 16. SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES ACT 
AMENDMENTS. 
Section 32 of the Science and Engineering Equal Opportunities 
Act (42 U.S.C. 1885) is amended— 
(1) in subsection (a), by striking "backgrounds." and 
inserting "backgrounds, including persons with disabilities."; 
and 
(2) in subsection (b)— 
(A) by inserting ", including persons with disabilities," 
after "backgrounds"; and 
(B) by striking "and minorities" each place the term 
appears and inserting ", minorities, and persons with 
disabilities". 
116 STAT. 3060 
PUBLIC LAW 107-368—DEC. 19, 2002 
4
2 
use 
1
8
6
2
n
-
6
. SEC. 
1
7
. 
UNDERGRADUATE 
EDUCATION 
REFORM. 
Grants. 
(a) IN GENERAL.—The Director shall award grants, on a 
competitive, merit-reviewed basis, to institutions of higher edu-
cation to expand previously implemented reforms of undergraduate 
science, mathematics, engineering, or technology education that 
have been demonstrated to have been successful in increasing the 
number and quality of students studying toward and completing 
associate's or baccalaureate degrees in science, mathematics, 
engineering, or technology. 
(b) USES OF FUNDS.—^Activities supported by grants under this 
section may include— 
(1) expansion of successful reform efforts beyond a single 
course or group of courses to achieve reform within an entire 
academic unit; 
(2) expansion of successful reform efforts beyond a single 
academic unit to other science, mathematics, engineering, or 
technology academic units within an institution; 
(3) creation of multidisciplinary courses or programs that 
formalize collaborations for the purpose of improved student 
instruction and research in science, mathematics, engineering, 
and technology; 
(4) expansion of undergraduate research opportunities 
beyond a particular laboratory, course, or academic unit to 
engage multiple academic units in providing multidisciplinary 
research opportunities for undergraduate students; 
(5) expansion of innovative tutoring or mentoring programs 
proven to enhance student recruitment or persistence to degree 
completion in science, mathematics, engineering, or technology; 
(6) improvement of undergraduate science, mathematics, 
engineering, and technology education for nonmajors, including 
education majors; and 
(7) implementation of technology-driven reform efforts, 
including the installation of technology to facilitate such reform, 
that directly impact undergraduate science, mathematics, 
engineering, or technology instruction or research experiences. 
(c) SELECTION PROCESS.— 
(1) APPLICATIONS.—^An institution of higher education 
seeking a grant under this section shall submit an application 
to the Director at such time, in such manner, and containing 
such information as the Director may require. The application 
shall include, at a minimum— 
(A) a description of the proposed reform effort; 
(B) a description of the previously implemented reform 
effort that will serve as the basis for the proposed reform 
effort and evidence of success of that previous effort, 
including data on student recruitment, persistence to 
degree completion, and academic achievement; 
(C) evidence of active participation in the proposed 
project by individuals who were central to the success 
of the previously implemented reform effort; and 
(D) evidence of institutional support for, and commit-
ment to, the proposed reform effort, including a description 
of existing or planned institutional policies and practices 
regarding faculty hiring, promotion, tenure, and teaching 
assignment that reward faculty contributions to under-
graduate education equal to, or greater than, scholarly 
scientific research. 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3061 
(2) REVIEW OF APPLICATIONS.—In evaluating applications 
submitted under paragraph (1), the Director shall consider 
at a minimum— 
(A) the evidence of past success in implementing under-
graduate education reform and the likelihood of success 
in undertaking the proposed expanded effort; 
(B) the extent to which the faculty, staff, and adminis-
trators of the institution are committed to making the 
proposed institutional reform a priority of the participating 
academic unit; 
(C) the degree to which the proposed reform will con-
tribute to change in institutional culture and policy such 
that a greater value is placed on faculty engagement in 
undergraduate education, as evidenced through promotion 
and tenure policies; and 
(D) the likelihood that the institution will sustain or 
expand the reform beyond the period of the grant. 
(3) GRANT DISTRIBUTION.—The Director shall ensure, to 
the extent practicable, that grants awarded under this section 
are made to a variety of types of institutions of higher edu-
cation. 
SEC. 18. REPORTS. 
(a) GRANT SIZE AND DURATION.—Not later than 6 months after 
the date of enactment of this Act, the Director shall transmit 
to the Committee on Science of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Health, Education, Labor, and Pen-
sions of the Senate a report describing the impact that increasing 
the average grant size and duration would have on minority-serving 
institutions and on institutions located in States where the Founda-
tion's Experimental Program to Stimulate Competitive Research 
(established under section 113 of the National Science Foundation 
Authorization Act of 1988 (42 U.S.C. 1862g)) is carrying out activi-
ties. 
(b) FACULTY.—Not later than 3 months after the date of enact-
ment of this Act, the Director shall enter into an arrangement 
with the National Academy of Sciences to assess gender differences 
in the careers of science and engineering faculty. This study shall 
build on the Academy's work on gender differences in the carriers 
of doctoral scientists and engineers and examine issues such as 
faculty hiring, promotion, tenure, and allocation of resources 
including laboratory space. Upon completion, the results of this 
study shall be transmitted to the Committee on Science of the 
House of Representatives, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Health, 
Education, Labor, and Pensions of the Senate. 
(c) GRANT FUNDING.—Not later than 3 months after the date 
of enactment of this Act, the Director shall enter into an agreement 
with an appropriate party to assess gender differences in the dis-
tribution of external Federal research and development funding. 
This study shall examine differences in amounts requested and 
awarded, by gender, in major Federal external grant programs. 
Upon completion, the results of this study shall be transmitted 
to the Committee on Science of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the 
Deadlines. 
42 u s e 1862n-7. 
Contracts. 
116 STAT. 3062 
PUBLIC LAW 107-368—DEC. 19, 2002 
Senate, and the Committee on Health, Education, Labor, and Pen-
sions of the Senate. 
(d) STUDY OF BROADBAND NETWORK ACCESS FOR SCHOOLS AND 
LIBRARIES.— 
(1) REPORT TO CONGRESS.—The Director shall conduct a 
study of the issues described in paragraph (3), and not later 
than 1 year after the date of the enactment of this Act, transmit 
to the Committee on Science of the House of Representatives, 
the Committee on Commerce, Science, and Transportation of 
the Senate, and the Committee on Health, Education, Labor, 
and Pensions of the Senate a report including recommendations 
to address those issues. Such report shall be updated annually 
for 4 additional years. 
(2) CONSULTATION.—In preparing the reports under para-
graph (1), the Director shall consult with Federal agencies 
and educational entities as the Director considers appropriate. 
(3) ISSUES TO BE ADDRESSED.—The reports shall— 
(A) identify the availability of high-speed, large band-
width capacity access to different demographic groups 
served by elementary schools, secondary schools, and 
libraries in the United States; 
(B) identify how the provision of high-speed, large 
bandwidth capacity access to the Internet to such schools 
and libraries can be effectively utilized within each school 
and library; 
(C) consider the effect that specific or regional cir-
cumstances may have on the ability of such institutions 
to acquire high-speed, large bandwidth capacity access to 
achieve universal connectivity as an effective tool in the 
education process; and 
(D) include options and recommendations to address 
the challenges and issues identified in the reports. 
(e) MINORITY-SERVING INSTITUTION FUNDING.— 
(1) ANNUAL REPORTING REQUIRED.—The Director shall 
submit an annual report, along with the President's annual 
budget request, to the Committee on Science of the House 
of Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Health, 
Education, Labor, and Pensions of the Senate on the amount 
of funding awarded by the Foundation to minority-serving 
institutions, including funding received as members of con-
sortia. The report shall include information on such funding 
to minority-serving institutions— 
(A) expressed as a percentage of funding to all institu-
tions of higher education for each appropriations account 
within the Foundation's budget; and 
(B) for the preceding 10 years. 
(2) REPORT ON WAYS TO IMPROVE FUNDING.—^Within one 
year after the date of enactment of this Act, the Director 
shall submit to the Committee on Science of the House of 
Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report on 
recommendations on how the Foundation can improve funding 
to minority-serving institutions. 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3063 
SEC. 19. EVALUATIONS. 
42 USC 1862n-8. 
(a) EDUCATION.— 
(1) IN GENERAL.—The Director, through the Research, 
Evaluation and Communication Division of the Education and 
Human Resources Directorate of the Foundation, shall evaluate 
the effectiveness of all undergraduate science, mathematics, 
engineering, or technology education activities supported by 
the Foundation in increasing the number and quality of stu-
dents, including individuals identified in section 33 or 34 of 
the Science and Engineering Equal Opportunities Act (42 U.S.C. 
1885a or 1885b) studying toward and completing associate's 
or baccalaureate degrees in science, mathematics, engineering, 
and technology. In conducting the evaluation, the Director shall 
consider information on— 
(A) the number of students enrolled in undergraduate 
science, mathematics, engineering, and technology pro-
grams; 
(B) student academic achievement, including quantifi-
able measurements of students' mastery of content and 
skills; 
(C) persistence to degree completion, including stu-
dents who transfer from science, mathematics, engineering, 
and technology programs to programs in other academic 
disciplines; and 
(D) placement during the first year after degree 
completion in post-graduate education or career pathways. 
(2) ASSESSMENT BENCHMARKS AND TOOLS.—^The Director, 
through the Research, Evaluation and Communication Division 
of the Education and Human Resources Directorate of the 
Foundation, shall establish a common set of assessment bench-
marks and tools, and shall enable every Foundation-sponsored 
project to incorporate the use of these benchmarks and tools 
in their project-based assessment activities. 
(3) REPORTS TO CONGRESS.—Not later than 3 years after Deadlines, 
the date of the enactment of this Act, and once every 3 years 
thereafter, the Director shall transmit to the Committee on 
Science of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, and 
the Committee on Health, Education, Labor, and Pensions of 
the Senate a report containing the results of evaluations under 
paragraph (1). 
(b) AWARDS.—Notwithstanding any other provision of this Act, 
the Director shall annually evaluate a random sample of grants, 
contracts, or other awards made pursuant to this Act. 
(c) DISSEMINATION.—The Director shall— 
(1) provide for the dissemination of the results of the 
evaluations conducted pursuant to this section to the public; 
and 
(2) provide notice to the public that such evaluations are 
available. 
SEC. 
20. REPORT BY COMMITTEE ON EQUAL OPPORTUNITIES IN 
SCIENCE AND ENGINEERING. 
As part of the first report required by section 36(e) of the 
Science and Engineering Equal Opportunities Act (42 U.S.C. 
1885c(e)) transmitted to Congress after the date of enactment of 
42 USC 1885c 
note. 
116 STAT. 3064 
PUBLIC LAW 107-368—DEC. 19, 2002 
this Act, the Committee on Equal Opportunities in Science and 
Engineering shall include— 
(1) a summary of its findings over the previous 10 years; 
(2) a description of past and present policies and activities 
of the Foundation to encourage full participation of women, 
minorities, and persons with disabilities in science, mathe-
matics, and engineering fields, including activities in support 
of minority-serving institutions; and 
(3) an assessment of the trends in participation in Founda-
tion activities, and an assessment of the success of Foundation 
policies and activities, along with proposals for new strategies 
or the broadening of existing successful strategies toward facili-
tating the goals of that Act. 
SEC. 21. ADVANCED TECHNOLOGICAL EDUCATION PROGRAM. 
(a) CORE SCIENCE AND MATHEMATICS COURSES.—Section 3(a) 
of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 
1862i(a)) is amended— 
(1) by inserting ", and to improve the quality of their 
core education courses in science and mathematics" after "edu-
cation in advanced-technology fields"; 
(2) in paragraph (1) by inserting "and in core science and 
mathematics courses" after "advanced-technology fields"; and 
(3) in paragraph (2) by striking "in advanced-technology 
fields" and inserting "who provide instruction in science, mathe-
matics, and advanced-technology fields". 
(b) ARTICULATION PARTNERSHIPS.—Section 3(c)(1)(B) of the Sci-
entific 
and Advanced-Technology 
Act of 
1992 (42 U.S.C. 
1862i(c)(l)(B)) is amended— 
(1) by striking "and" at the end of clause (i); 
(2) by striking the period at the end of clause (ii) and 
inserting a semicolon; and 
(3) by adding after clause (ii) the following new clauses: 
"(iii) provide students with research experiences at 
bachelor's-degree-granting institutions participating in the 
partnership, including stipend support for students partici-
pating in summer programs; and 
"(iv) provide faculty mentors for students participating 
in activities under clause (iii), including summer salary 
support for faculty mentors.". 
DeadUne. 
(c) NATIONAL SCIENCE FOUNDATION REPORT.—Within 6 months 
after the date of the enactment of this Act, the Director shall 
transmit a report to the Committee on Science of the House of 
Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate on— 
(1) efforts by the Foundation and awardees under the pro-
gram carried out under section 3 of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 18621) to disseminate 
information about the results of projects; 
(2) the effectiveness of national centers of scientific and 
technical education established under section 3(b) of the Sci-
entific and Advanced-Technology Act of 1992 (42 U.S.C. 
1862i(b)) in serving as national and regional clearinghouses 
of information and models for best practices in undergraduate 
science, mathematics, and technology education; and 
PUBLIC LAW 107-368-DEC. 19, 2002 
116 STAT. 3065 
(3) efforts to satisfy the requirement of section 3(f)(4) of 
the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 
1862i(f)(4)). 
SEC. 22. REPORT ON FOUNDATION BUDGETARY AND PROGRAMMATIC 
EXPANSION. 
The Board shall prepare a report to address and examine 
the Foundation's budgetary and programmatic growth provided for 
by this Act. The report shall be submitted to the Committee on 
Science of the House of Representatives, the Committee on Com-
merce, Science, and Transportation of the Senate, and the Commit-
tee on Health, Education, Labor, and Pensions of the Senate within 
one year after the date of the enactment of this Act and shall 
include— 
(1) recommendations on how the increased funding should 
be utilized; 
(2) an examination of the projected impact that the budg-
etary increases will have on the Nation's scientific and techno-
logical workforce; 
(3) a description of new or expanded programs that will 
enable institutions of higher education to expand their partici-
pation in Foundation-funded activities; 
(4) an estimate of the national scientific and technological 
research infrastructure needed to adequately support the 
Foundation's increased funding and additional programs; and 
(5) a description of the impact the budgetary increases 
provided under this Act will have on the size and duration 
of grants awarded by the Foundation. 
SEC. 23. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—The Foundation and the National Aero-
nautics and Space Administration shall jointly establish an Astron-
omy and Astrophysics Advisory Committee (in this section referred 
to as the "Advisory Committee"). 
(b) DUTIES.—The Advisory Committee shall— 
(1) assess, and make recommendations regarding, the 
coordination of astronomy and astrophysics programs of the 
Foundation and the National Aeronautics and Space Adminis-
tration; 
(2) assess, and make recommendations regarding, the sta-
tus of the activities of the Foundation and the National Aero-
nautics and Space Administration as they relate to the rec-
ommendations contained in the National Research Council's 
2001 report entitled "Astronomy and Astrophysics in the New 
Millennium", and the recommendations contained in subse-
quent National Research Council reports of a similar nature; 
and 
(3) not later than March 15 of each year, transmit a report 
to the Director, the Administrator of the National Aeronautics 
and Space Administration, and the Committee on Science of 
the House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee 
on Health, Education, Labor, and Pensions of the Senate on 
the Advisory Committee's findings and recommendations under 
paragraphs (1) and (2). 
(c) MEMBERSHIP.—The Advisory Committee shall consist of 13 
members, none of whom shall be a Federal employee, including— 
(1) 5 members selected by the Director; 
42 u s e 1862n 
note. 
Deadline. 
42 u s e 1862n-9. 
Deadline. 
Reports. 
116 STAT. 3066 
PUBLIC LAW 107-368-DEC. 19, 2002 
(2) 5 members selected by the Administrator of the National 
Aeronautics and Space Administration; and 
(3) 3 members selected by the t)irector of the Office of 
Science and Technology Policy. 
Deadline. 
(d) SELECTION PROCESS.—Initial selections under subsection 
(c) shall be made within 3 months after the date of the enactment 
of this Act. Vacancies shall be filled in the same manner as provided 
in subsection (c). 
(e) CHAIRPERSON.—The Advisory Committee shall select a chair-
person from among its members. 
(f) COORDINATION.—The Advisory Committee shall coordinate 
with the advisory bodies of other Federal agencies, such as the 
Department of Energy, which may engage in related research activi-
ties. 
(g) COMPENSATION.—The members of the Advisory Committee 
shall serve without compensation, but shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code. 
(h) MEETINGS.—The Advisory Conmiittee shall convene, in per-
son or by electronic means, at least 4 times a year. 
(i) QUORUM.—A majority of the members serving on the 
Advisory Committee shall constitute a quorum for purposes of 
conducting the business of the Advisory Committee. 
(j) DURATION.—Section 14 of the Federal Advisory Committee 
Act shall not apply to the Advisory Committee. 
42 use 
SEC. 24. MINORITY-SERVING INSTITUTIONS UNDERGRADUATE PRO-
1862n-10. 
GRAM. 
(a) IN GENERAL.—The Director is authorized to establish a 
new program to award grants on a competitive, merit-reviewed 
basis to Hispanic-serving institutions, Alaska 
Native-serving 
institutions, Native Hawaiian-serving 
institutions, and other 
institutions of higher education serving a substantial number of 
minority students to enhance the quality of undergraduate science, 
mathematics, and engineering education at such institutions and 
to increase the retention and graduation rates of students pursuing 
associate's or baccalaureate degrees in science, mathematics, 
engineering, or technology. 
(b) PROGRAM COMPONENTS.—Grants awarded under this section 
shall support— 
(1) activities to improve courses and curriculum in science, 
mathematics, and engineering; 
(2) faculty development; 
(3) stipends for undergraduate students participating in 
research; and 
(4) other activities consistent with subsection (a), as deter-
mined by the Director. 
(c) PROGRAM COORDINATION.—This program shall be coordi-
nated with and in addition to the ongoing Historically Black Col-
leges and Universities Undergraduate Program and the Tribal Col-
leges and Universities Program. 
(d) INSTRUMENTATION.—Funding for instrumentation is an 
allowed use of grants awarded under this section and under the 
ongoing Historically Black Colleges and Universities Undergraduate 
Program and the Tribal Colleges and Universities Program. 
PUBLIC LAW 107-368—DEC. 19, 2002 
116 STAT. 3067 
SEC. 25. STUDY ON RESEARCH AND DEVELOPMENT FUNDING DATA 
DISCREPANCIES. 
(a) STUDY.—The Director, in consultation with the Director 
of the Office of Management and Budget and the heads of other 
Federal agencies, shall enter into agreement with the National 
Academy of Sciences to conduct a comprehensive study to determine 
the source of discrepancies in Federal reports on obligations and 
actual expenditures of Federal research and development funding. 
(b) CONTENTS.—The study shall— 
(1) examine the relevance and accuracy of reporting classi-
fications and definitions used in the reports described in sub-
section (a); 
(2) examine whether the classifications and definitions are 
used consistently across Federal agencies for data gathering; 
(3) examine whether and how Federal agencies use reports 
described in subsection (a), and describe any other sources 
of similar data used by those agencies; 
(4) recommend alternatives for modifications to the current 
reporting process and system that would— 
(A) accommodate emerging fields of science and 
changing practices in the conduct of research and develop-
ment; 
(B) minimize, to the extent possible, the burden 
imposed on the reporters of these data; 
(C) increase the consistency of application of the system 
across the Federal agencies including the Office of Manage-
ment and Budget and the Foundation; 
(D) encourage the use of new technologies to increase 
accuracy, timeliness, and consistency of the reported data 
between the agencies and the research performers; and 
(E) overcome systemic shortfalls; and 
(5) recommend an implementation timeline for the modi-
fications recommended under paragraph (4), and recommend 
specific responsibilities for the program and budget offices in 
the agencies, taking into consideration required changes to 
the current computer systems and processes used by the agen-
cies. 
(c) SUBMISSION.—The Director shall submit a report on the 
results of the study to the Committee on Science of the House 
of Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate within one year after 
the date of enactment of this Act. 
(d) IMPLEMENTATION.—^Within 6 months after the completion 
of the study required by subsection (a), the Director of the Office 
of Science and Technology Policy shall submit to the Committee 
on Science of the House of Representatives, the Committee on 
Commerce, Science, £ind Transportation of the Senate, and the 
Committee on Health, Education, Labor, and Pensions of the Senate 
a plan for implementation of the recommendations of the study. 
SEC. 26. PLANNING GRANTS. 
The Director is authorized to accept planning proposals from 
applicants who are within .075 percentage points of the current 
eligibility level for the Experimental Program to Stimulate Competi-
tive Research. Such proposals shall be reviewed by the Foundation 
42 u s e 1864 
note. 
Contracts. 
Reports. 
DeadHne. 
Deadline. 
42 u s e 1862q 
note. 
116 STAT. 3068 
PUBLIC LAW 107-368—DEC. 19, 2002 
to determine their merit for support under the Experimental Pro-
gram to Stimulate Competitive Research or any other appropriate 
program. 
Approved December 19, 2002. 
LEGISLATIVE HISTORY—H.R. 4664 (S. 2817): 
HOUSE REPORTS: No. 107-488 (Comm. on Science). 
SENATE REPORTS: Nos. 107-291 accompanying S. 2817 (Comm. on Health, Edu-
cation, Labor, and Pension) and 107-317 (Comm. on Com-
merce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
June 5, considered and passed House. 
Nov. 14, considered and passed Senate, amended. House concurred in Senate 
amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Dec. 19, Presidential statement.