National Foundation for Excellence Act - Establishes the National Foundation for Excellence as an independent establishment of the executive branch.
Authorizes the Foundation to award scholarships for undergraduate and graduate study for outstanding students committed to careers in teaching in public education.
Sets forth scholarship conditions, including reporting requirements and student agreements to teach in a public elementary or secondary school for a certain period of years based on the total amount of scholarship awarded.
Sets forth scholarship repayment requirements (with deferral and forgiveness provisions) for those who do not fulfill such teaching commitments or who otherwise do not comply with the provisions of this Act.
Authorizes the Foundation to make grants to States to pay the Federal share (50 percent) of scholarship programs conducted by the States in accordance with this Act.
Establishes in the Treasury the National Foundation for Excellence Trust Fund, consisting of appropriations under this Act and amounts raised from non-Federal sources by the Foundation, invested in interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States.
Directs the Board to make an annual report of its operations to the Congress by April 1 of each year.
Authorizes appropriations to the Foundation for each of FY 1992 through 1997 for operating and administrative expenses with remaining monies left in the Fund. Authorizes appropriations to the Fund for the period of FY 1993 through 1997, but only in an amount each fiscal year equal to that raised by the Foundation from non-Federal sources.
S 691 IS 102d CONGRESS 1st Session S. 691 To establish a National Foundation for Excellence for outstanding students who are committed to careers in teaching in public education and for other purposes. I45IN THE SENATE OF THE UNITED STATES March 19 (legislative day, FEBRUARY 6), 1991 Mr. BOREN introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources A BILL To establish a National Foundation for Excellence for outstanding students who are committed to careers in teaching in public education and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the `National Foundation for Excellence Act'. PURPOSE SEC. 2. The purpose of this Act is to establish a National Foundation for Excellence to carry out a scholarship program for outstanding students who are committed to careers in teaching in public education. DEFINITIONS SEC. 3. As used in this Act, the term-- (1) `Board' means the Board of Directors of the National Foundation for Excellence; (2) `Foundation' means the National Foundation for Excellence established pursuant to section 4(a); (3) `fund' means the National Foundation for Excellence Fund established pursuant to section 4(b); (4) `institution of higher education' means any such institution as defined by section 1201(a) of the Higher Education Act of 1965; (5) `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and considered as a single entity, Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands; and (6) `Secretary' means the Secretary of the Treasury. ESTABLISHMENT OF THE NATIONAL FOUNDATION FOR EXCELLENCE SEC. 4. (a) ESTABLISHMENT- There is established, as an independent establishment of the executive branch of the United States Government, the National Foundation for Excellence. (b) BOARD OF DIRECTORS- (1) The Foundation shall be subject to the supervision and direction of a Board of Directors. The Board shall be composed of-- (A) 11 members to be appointed by the President, one of whom shall serve as Chairman, by and with the advice and consent of the Senate; (B) 2 members of the Senate; (C) 2 members of the House of Representatives; and (D) the Executive Director of the Foundation, who shall serve ex officio as a member of the Board, but shall not be eligible to vote. (2)(A) In carrying out the provisions of paragraph (1)(A), the President shall appoint at least 6 individuals with 10 years experience as educators, not more than 3 of whom shall be of the same political party. Two of the six individuals `must be' classroom teachers. (B) In carrying out the provisions of paragraph (1)(B), the Majority Leader of the Senate shall appoint 1 member of the Board and the Minority Leader shall appoint 1 member of the Board. (C) In carrying out the provisions of paragraph (1)(C), the Speaker of the House shall appoint 1 member of the Board and the Minority Leader shall appoint 1 member of the Board. (c) COMPENSATION OF THE BOARD- Members of the Board shall serve without pay, but shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties. SCHOLARSHIPS SEC. 5. (a) IN GENERAL- The Foundation is authorized, in accordance with the provisions of this Act, to award scholarships to outstanding students who are committed to careers in teaching in public education. (b) COURSE OF STUDY RULE- A student awarded a scholarship under this Act may attend any institution of higher education offering courses of study, training, or other educational activities designed to prepare a recipient for a career in teaching in public education determined pursuant to criteria established by the Foundation in consultation with the Secretary. (c) DURATION OF SCHOLARSHIP ASSISTANCE- Scholarship assistance under this Act shall be awarded for such periods as the Foundation may prescribe but not to exceed 4 academic years. In the case of graduate study, scholarship assistance may be awarded for a period of study not to exceed 2 academic years. ELIGIBILITY AND SELECTION OF FOUNDATION SCHOLARS SEC. 6. (a) ELIGIBILITY- An individual is eligible to receive Foundation scholarships if the individual-- (1) ranks in the top 10 percent of the graduating class of the secondary school of the individual; (2) scores in the top 10 percent of students taking the Scholastic Aptitude Test or the American College Test; (3) maintains a 3.2 grade point average in an institution of higher education; and (4) enters into an agreement with the Foundation, pursuant to section 8(c), that the student will pursue a teaching career after graduation from an institution of higher education. (b) SELECTION OF FOUNDATION SCHOLARS- (1) The Foundation is authorized, either directly or by contract, to provide for the conduct of a nationwide competition for selecting Foundation scholars. (2) The Foundation shall adopt selection procedures which assure that at least 50 Foundation scholars shall be selected each year from each State in which there is at least 1 resident applicant who meets the minimum criteria established by the Foundation. (3) The Board shall attempt to award scholarships to students in the 50 States proportionately, on the relative basis of the number of secondary school students in a State compared to the total number of secondary school students in the United States. STIPENDS SEC. 7. (a) IN GENERAL- Each student awarded a scholarship under this Act shall receive a stipend which shall not exceed the cost of attendance to such student at the institution of higher education for tuition, fees, books, and room and board. Such cost of attendance shall be adjusted annually to reflect increases, if any, in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (b) LIMITATION- In no event shall the total amount of scholarship assistance awarded to any recipient exceed $70,000. SCHOLARSHIP CONDITIONS SEC. 8. (a) IN GENERAL- A student awarded a scholarship under the provisions of this Act shall continue to receive the payments provided in this Act only during such periods as the Foundation finds that the student is-- (1) maintaining a 3.2 grade point average; (2) maintaining a class rank in the top 10 percent of the class; and (3) devoting full time to study or research designed to prepare the student for a career in teaching in public education and is not otherwise engaging in gainful employment other than employment approved by the Foundation pursuant to regulation. (b) REPORTS- The Foundation is authorized to require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any student awarded a scholarship under this Act. Each such report shall be accompanied by a certificate from any appropriate official at the institution of higher education, approved by the Foundation, stating that such student is making satisfactory progress in, and is devoting essentially full time to, study or research, except as otherwise provided in subsection (a). (c) STUDENT AGREEMENT- (1) A student awarded a scholarship under the provisions of this Act shall enter into an agreement with the Foundation to teach in a public elementary or secondary school for the period required under paragraph (2). (2) For the purpose of determining the duration of the teaching commitment required in paragraph (1), the following schedule shall apply: Total Amount of Scholarship Awarded Teaching Commitment $20,000 or less 2 years $20,000 to $28,000 3 years $28,000 to $36,000 4 years $36,000 to $50,000 5 years $50,000 to $70,000 6 years. SCHOLARSHIP REPAYMENT PROVISIONS SEC. 9. Each Foundation scholar found by the Foundation to be in noncompliance with the provisions of this Act shall be required to repay-- (1) the total amount of scholarships awarded under this Act plus interest equal to the sum of the rate of interest of 91-day Treasury bills auctioned for the 3-month period for which the determination of noncompliance is made; (2) 20 percent of the total amount calculated under paragraph (1); and (3) where applicable, reasonable collection fees. EXCEPTIONS TO REPAYMENT PROVISIONS SEC. 10. (a) DEFERRAL DURING CERTAIN PERIODS- A Foundation scholar shall not be considered to be in violation of the provisions of this Act during any period in which the Foundation scholar-- (1) is serving, not in excess of 3 years, as a member of the armed services of the United States; (2) is temporarily totally disabled for a period of time not to exceed 3 years as established by the sworn affidavit of a qualified physician; (3) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled; (4) is seeking and unable to find full-time employment as a teacher in a public elementary or secondary school for a single period not to exceed 12 months; or (5) satisfies the provisions of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this Act. (b) FORGIVENESS IF PERMANENTLY TOTALLY DISABLED- A Foundation scholar shall be excused from repayment of any scholarship assistance received under this Act if the student becomes permanently totally disabled as established by the sworn affidavit of a qualified physician. GRANTS TO STATES FOR FOUNDATION SCHOLARS SEC. 11. (a) STATE GRANTS AUTHORIZED- The Foundation is authorized to make grants to States to pay the Federal share of scholarship programs conducted by the States in accordance with the provisions of this Act. (b) APPLICATION- Each State desiring to participate in the scholarship program authorized by this section shall submit an application to the Foundation, at such time, in such manner, and containing or accompanied by such information as the Foundation may reasonably require. Each such application shall contain-- (1) assurances that the State will conduct the State program substantially in compliance with this Act; (2) assurances that the State will pay the non-Federal share of the activities for which assistance is sought from non-Federal sources; (3) a description of any additional teaching commitment to which a student may be subject upon graduation from an institution of higher education under the State program; and (4) such additional assurances as the Foundation determines essential to ensure compliance with the requirements of this Act. (c) FEDERAL SHARE- The Federal share of the cost of the program established under this section shall be 50 percent. NATIONAL FOUNDATION FOR EXCELLENCE FUND SEC. 12. (a) Establishment- (1) There is established in the Treasury of the United States a trust fund to be known as the National Foundation for Excellence Trust Fund. (2) The fund shall consist of amounts appropriated to it by section 16 of this Act. Amounts raised from non-Federal sources by the Foundation shall be credited to and form part of the fund. (b) INVESTMENT AUTHORITY- It shall be the duty of the Secretary to invest in full amounts appropriated to the fund. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market place. The purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt; except that where such average rate is not a multiple of one-eighth of 1 per centum, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 per centum next lower than such average rate. Such special obligations shall be issued only if the Secretary determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest. (c) SALE AND REDEMPTION- Any obligation acquired by the fund (except special obligations issued exclusively to the fund) may be sold by the Secretary at the market price, and such special obligations may be redeemed at par plus accrued interest. (d) INTEREST AND PROCEEDS- The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund. EXPENDITURES FROM THE FUND SEC. 13. (a) IN GENERAL- The Secretary is authorized to pay to the Foundation from the interest and earnings of the fund such sums as the Board determines are necessary and appropriate to enable the Foundation to carry out the provisions of the Act. (b) AUDIT- The activities of the Foundation under this Act may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the Foundation, pertaining to such activities as necessary to facilitate the audit. ADMINISTRATIVE PROVISIONS SEC. 14. (a) IN GENERAL- In order to carry out the provisions of this Act, the Foundation is authorized to-- (1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act, except that in no case shall employees other than the Executive Director be compensated at a rate to exceed the rate provided for employees in grade 15 of the General Schedule set forth in section 5332 of title 5, United States Code; (2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS-18 in section 5332 of such title; (3) prescribe such regulations as it deems necessary governing the manner in which its functions shall be carried out; (4) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Foundation; and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions; (5) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements, or modifications thereof, to carry out the provisions of this Act, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); (7) make advances, progress, and other payments which the Board deems necessary under this Act without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 3324); (8) rent office space in the District of Columbia; and (9) make other necessary expenditures. (b) EXECUTIVE DIRECTOR- (1) There shall be an Executive Director of the Foundation who shall be appointed by the Board. The Executive Director shall be the chief executive officer of the Foundation and shall carry out the functions of the Foundation subject to the supervision and direction of the Board. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall delegate. (2) The Executive Director of the Foundation shall be compensated at the rate specified for employees in grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code. ANNUAL REPORT SEC. 15. The Board shall make an annual report of its operations under this Act to the Congress not later than April 1 of each year. Each such report shall include-- (1) an analysis of the administration of the Foundation; (2) a description of the services provided by the Foundation; (3) a statement of the finances of the Foundation; (4) a description of the plan and goals of the Foundation for disbursing $500,000 per year in States with a population of fewer than 2,000,000; (5) a description of the plan and goals of the Foundation for disbursing $1,000,000 per year in States with a population greater than 2,000,000; and (6) a description of the plan and goals of the Foundation to award scholarships to at least 100 students in every State. AUTHORIZATION OF APPROPRIATIONS SEC. 16. (a) IN GENERAL- (1) There are authorized to be appropriated $200,000,000 to the fund. (2) There are authorized to be appropriated $5,000,000 to the Foundation for each of the fiscal years 1992 through 1997 for operating and administrative expenses with remaining monies left in the fund. (b) MATCHING FUNDS- Subject to subsection (c), there are authorized to be appropriated $200,000,000 to the fund for the period beginning October 1, 1992, and ending September 30, 1997. (c) AVAILABILITY- The amount authorized pursuant to subsection (b) shall be available in each fiscal year in an amount equal to the amount raised from non-Federal sources by the Foundation in each such fiscal year.
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Labor and Human Resources.
Referred to Subcommittee on Education, Arts, Humanities.
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