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pdfAttachment 14c:
National Science Foundation Authorization
Act of 2002 (P.L. 107-368)
Attachment 14c: National Science Foundation Authorization Act of 2002 (P.L. 107-368)
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PUBLIC LAW 107–368—DEC. 19, 2002
NATIONAL SCIENCE FOUNDATION
AUTHORIZATION ACT OF 2002
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Attachment 14c: National Science Foundation Authorization Act of 2002 (P.L. 107-368)
116 STAT. 3034
PUBLIC LAW 107–368—DEC. 19, 2002
Public Law 107–368
107th Congress
Dec. 19, 2002
42 USC 1862n
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An Act
To authorize appropriations for fiscal years 2003, 2004, 2005, 2006, and 2007
for the National Science Foundation, and for other purposes.
[H.R. 4664]
National Science
Foundation
Authorization
Act of 2002.
42 USC 1861
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Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Science Foundation
Authorization Act of 2002’’.
SEC. 2. FINDINGS.
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Congress finds the following:
(1) The National Science Foundation has made major contributions 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 capabilities.
(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, dissemination, 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 leadership in the global marketplace.
(5) The National Science Foundation must be provided
with sufficient resources to enable it to carry out its responsibilities 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 superior research capabilities.
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Attachment 14c: National Science Foundation Authorization Act of 2002 (P.L. 107-368)
PUBLIC LAW 107–368—DEC. 19, 2002
116 STAT. 3035
(7) Commercial application of the results of Federal investment in basic and computing science is consistent with longstanding 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 technology by—
(A) increasing the national investment in general scientific research and increasing investment in strategic
areas;
(B) balancing the Nation’s research portfolio among
the life sciences, mathematics, the physical sciences, computer and information science, geoscience, engineering, and
social, behavioral, and economic sciences, all of which are
important for the continued development of enabling technologies necessary for sustained international competitiveness;
(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 international 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 students 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.
In this Act:
(1) ACADEMIC UNIT.—The term ‘‘academic unit’’ means a
department, division, institute, school, college, or other subcomponent of an institution of higher education.
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42 USC 1862n
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(2) BOARD.—The term ‘‘Board’’ means the National Science
Board established under section 2 of the National Science
Foundation Act of 1950 (42 U.S.C. 1861).
(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 education 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 participation in the free and reduced price lunch program established 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 percentage of their classes; or
(ii) more than 34 percent of the teachers in two
of the academic departments 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 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 ‘‘institution 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 educational 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
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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 mathematics 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 affiliated 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 Program 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 educational 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 Foundation $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 education and human resources, of which—
(i) $200,000,000 shall be for mathematics and
science education partnerships described in section 9;
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(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, mathematics, 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 compensation 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 education 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, mathematics, 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;
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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, mathematics, 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, Congress 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 FACILITIES 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 Congress.
(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 under
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.
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(e) FISCAL YEAR 2007.—None of the funds authorized under
section 5(e) may be obligated for major research equipment and
facilities 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 Activities 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, mathematics, 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 education programs, including the following initiatives in accordance
with this section:
(1) INFORMATION TECHNOLOGY.—An information technology
research program to support competitive, merit-reviewed proposals 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 challenges in materials, electronics, optoelectronics and magnetics, manufacturing, the environment, and health care;
and
(B) supporting new research and interdisciplinary centers 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
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116 STAT. 3041
(ii) that accelerate the use of new knowledge and
innovative technologies toward a more complete understanding of basic biological processes in plants, especially
in economically important plants such as corn and soybeans.
(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 applications, 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 development 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 nonpetroleum-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 economic importance.
(C) Research partnerships to focus on—
(i) basic genomic research on crops grown in the developing 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, nonprofit 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 biotechnology. The Director, by means of outreach, shall encourage
inclusion of historically Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges and
universities, Alaska Native-serving institutions, and Native
Hawaiian-serving institutions in consortia that enter into such
partnerships.
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(4) INNOVATION PARTNERSHIPS.—An innovation partnerships program to support competitive, merit-reviewed proposals
that seek to stimulate innovation at the regional level through
new partnerships involving States, regional governmental entities, local governmental entities, industry, academic institutions, 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 and completing associate’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 certificates 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 community 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 established 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, mathematics, 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
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shall be in a position of administrative leadership at the institution 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 institution.
(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 consortium 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 agencies or local educational agencies that supports the planning
and implementation of agency-wide secondary school reform
initiatives designed to promote scientific and technological literacy, 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 support small, theme-oriented schools and learning communities;
(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 specialized 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 scholarships.
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 Competitive Research, established under section 113 of the National
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116 STAT. 3044
OMB No. 3145-New
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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 eligible to participate in the program
and the Commonwealth of Puerto Rico;
(B) research infrastructure in the States eligible 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 Representatives;
(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, meritreviewed 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 undergraduate and graduate students, and satisfying other
instrumentation and research needs.
42 USC 1862n.
SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS.
(a) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—(A) The Director shall carry out a program to award grants to institutions of higher education or
eligible nonprofit organizations (or consortia of such institutions
or organizations) to establish mathematics and science education partnership programs to improve elementary and secondary 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 institutions 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
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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 standards, 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 workshops, designed to strengthen the capabilities of mathematics and science teachers;
(C) offering innovative preservice and inservice programs that instruct teachers on using technology more
effectively in teaching mathematics and science, including
programs that recruit and train undergraduate and graduate students to provide technical support to teachers;
(D) developing distance learning programs for teachers
or students, including developing courses, curricular materials, 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 programs 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 secondary 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 academia 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;
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and
(B) include training in both content and pedagogy;
(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 paragraph 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 difficulties; and
(E) acquainting girls with careers in science, mathematics, 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 partnerships 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 participating 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
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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 achievement 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 education 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 partnership will be continued after assistance under this section
ends.
(2) REVIEW OF APPLICATIONS.—In evaluating the applications submitted under paragraph (1), the Director shall consider, 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 demonstrate 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
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116 STAT. 3048
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PUBLIC LAW 107–368—DEC. 19, 2002
(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 partnership 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 determined 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 available 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 consultation with the Secretary of Education, shall provide an annual
report to the Committee on Science of the House of Representatives, 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 II 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 President’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
information.
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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 USC 1862n–1.
(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 under 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 certification 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 subsection (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
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116 STAT. 3050
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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 accordance 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 scholarship or stipend is received.
(2) REVIEW OF APPLICATIONS.—In evaluating the applications submitted under paragraph (1), the Director shall consider, 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 program.
(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 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) 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. Individuals may receive a maximum of 2 years of scholarship support.
(4) SERVICE OBLIGATION.—If an individual receives a scholarship, 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 available 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
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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 stipend 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 performed 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 pursuant to subsections (c) and (g), or subsection (d);
(2) agreeing to provide the awarding institution of higher
education with annual certification of employment and upto-date contact information and to participate in surveys provided 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 repayment
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 individual 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
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(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 individual 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 1⁄2 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 obligation 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 stipend 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. 1087ll);
(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 professional’’ 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 subsection (c); and
(5) the term ‘‘stipend’’ means an award under subsection
(d).
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PUBLIC LAW 107–368—DEC. 19, 2002
116 STAT. 3053
SEC. 11. ESTABLISHMENT OF CENTERS FOR RESEARCH ON MATHEMATICS AND SCIENCE LEARNING AND EDUCATION
IMPROVEMENT.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—(A) The Director shall award grants to
institutions of higher education (or consortia thereof) to establish 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 conduct 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 secondary school classrooms to improve the teaching of mathematics 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 Education 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-performing 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
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42 USC 1862n–2.
Grants.
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(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 applications submitted under paragraph (1), the Director shall consider, 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 practicable, 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 Secretary 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 USC 1862n–3.
SEC. 12. DUPLICATION OF PROGRAMS.
(a) IN GENERAL.—The Director shall review the education programs 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 program that has been implemented pursuant to this Act.
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116 STAT. 3055
(c) REPORT.—
(1) REVIEW.—The Director of the Office of Science and
Technology Policy 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
enactment of this Act, and annually thereafter as part of the
annual Office of Science and Technology Policy’s budget submission 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. 13. MAJOR RESEARCH INSTRUMENTATION.
(a) REVIEW AND ASSESSMENT.—The Director shall conduct a
review and assessment of the major research instrumentation program 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 Committee 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 program; 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 INTERDISCIPLINARY RESEARCH AND ADVANCED INSTRUMENTATION CENTERS.—
(1) ASSESSMENT.—Not later than 3 months after the date
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 Representatives, 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
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Deadline.
42 USC 1862b
note.
Deadline.
Reports.
Deadlines.
Contracts.
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the Foundation’s reaction to the assessment authorized under
paragraph (1).
42 USC 1862n–4.
SEC. 14. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PLAN.
AND
Deadlines.
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(a) PRIORITIZATION OF PROPOSED MAJOR RESEARCH EQUIPMENT
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.
(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 developed under paragraph (1)(A);
(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) CRITERIA.—The criteria described pursuant to paragraph (2)(B) 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. 1862l(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.’’.
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116 STAT. 3057
(2) CONTENTS OF PLAN.—Section 201(a)(2) of the National
Science Foundation Authorization Act of 1998 (42 U.S.C.
1862l(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 planning to commissioning); and
‘‘(ii) the source of funds, including Federal funding
identified by appropriations category and non-Federal
funding;
‘‘(E) estimates of the full life-cycle cost of each national
research facility;
‘‘(F) information on any plans to retire national
research facilities; and
‘‘(G) estimates of funding levels for grants supporting
research that will be conducted using each national
research facility.’’.
(3) DEFINITION.—Section 2 of the National Science Foundation Authorization Act of 1998 (42 U.S.C. 1862k note) is
amended—
(A) by redesignating paragraphs (3) through (5) as
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 obligated 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.—
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Deadlines.
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(1) STUDY.—Not later than 3 months after the date of
enactment of this Act, the Director shall enter into an arrangement 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 paragraph (1).
42 USC 1862n–5.
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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.
(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 taken 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)(1)(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, academic, or other nonprofit institution when the institution has
received a pledge of confidentiality from the Foundation, shall not
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be disclosed to the public unless the information has been transformed into statistical or abstract formats that do not allow for
the identification of the supplier.
‘‘(B) 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 institutions 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 identification 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 Foundation 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 Computer 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’’.
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42 USC 1862n–6.
SEC. 17. UNDERGRADUATE EDUCATION REFORM.
Grants.
(a) IN GENERAL.—The Director shall award grants, on a
competitive, merit-reviewed basis, to institutions of higher education 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 commitment 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 undergraduate education equal to, or greater than, scholarly
scientific research.
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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 undergraduate education reform and the likelihood of success
in undertaking the proposed expanded effort;
(B) the extent to which the faculty, staff, and administrators 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 contribute 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 education.
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 Pensions 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 Foundation’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 activities.
(b) FACULTY.—Not later than 3 months after the date of enactment 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 distribution 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
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Deadlines.
42 USC 1862n–7.
Contracts.
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Senate, and the Committee on Health, Education, Labor, and Pensions 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 paragraph (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 bandwidth 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 circumstances 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 consortia. The report shall include information on such funding
to minority-serving institutions—
(A) expressed as a percentage of funding to all institutions 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.
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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 students, 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 programs;
(B) student academic achievement, including quantifiable measurements of students’ mastery of content and
skills;
(C) persistence to degree completion, including students 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 benchmarks 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
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.
Deadlines.
42 USC 1885c
note.
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
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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, mathematics, and engineering fields, including activities in support
of minority-serving institutions; and
(3) an assessment of the trends in participation in Foundation 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 facilitating the goals of that Act.
SEC. 21. ADVANCED TECHNOLOGICAL EDUCATION PROGRAM.
Deadline.
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(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 ‘‘education 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, mathematics, and advanced-technology fields’’.
(b) ARTICULATION PARTNERSHIPS.—Section 3(c)(1)(B) of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862i(c)(1)(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 participating in summer programs; and
‘‘(iv) provide faculty mentors for students participating
in activities under clause (iii), including summer salary
support for faculty mentors.’’.
(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, Education, Labor, and Pensions of the Senate on—
(1) efforts by the Foundation and awardees under the program carried out under section 3 of the Scientific and AdvancedTechnology Act of 1992 (42 U.S.C. 1862i) 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 Scientific 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
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(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 Commerce, Science, and Transportation of the Senate, and the Committee 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 budgetary increases will have on the Nation’s scientific and technological workforce;
(3) a description of new or expanded programs that will
enable institutions of higher education to expand their participation 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 Aeronautics and Space Administration shall jointly establish an
Astronomy 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 Administration;
(2) assess, and make recommendations regarding, the
status of the activities of the Foundation and the National
Aeronautics and Space Administration as they relate to the
recommendations contained in the National Research Council’s
2001 report entitled ‘‘Astronomy and Astrophysics in the New
Millennium’’, and the recommendations contained in subsequent 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;
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42 USC 1862n
note.
Deadline.
42 USC 1862n–9.
Deadline.
Report.
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(2) 5 members selected by the Administrator of the National
Aeronautics and Space Administration; and
(3) 3 members selected by the Director of the Office of
Science and Technology Policy.
(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 chairperson 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 activities.
(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 Committee shall convene, in person 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.
Deadline.
42 USC 1862n–
10.
SEC. 24. MINORITY-SERVING INSTITUTIONS UNDERGRADUATE PROGRAM.
(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 determined by the Director.
(c) PROGRAM COORDINATION.—This program shall be coordinated with and in addition to the ongoing Historically Black Colleges and Universities Undergraduate Program and the Tribal Colleges 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.
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SEC. 25. STUDY ON RESEARCH AND DEVELOPMENT FUNDING DATA
DISCREPANCIES.
42 USC 1864
note.
(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 classifications and definitions used in the reports described in subsection (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 development;
(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 Management 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 modifications 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 agencies.
(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, Education, 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, and 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.
Contracts.
SEC. 26. PLANNING GRANTS.
42 USC 1862q
note.
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 Competitive Research. Such proposals shall be reviewed by the Foundation
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Reports.
Deadline.
Deadline.
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to determine their merit for support under the Experimental Program 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, Education, Labor, and Pension) and 107–317 (Comm. on Commerce, 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.
Æ
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| File Type | application/pdf |
| File Modified | 2024-10-01 |
| File Created | 2024-08-30 |