National Science, Engineering, and Mathematics Authorization Act for Fiscal Year 1986

(House agreed to Senate amendment with an amendment)

National Science, Engineering, and Mathematics Authorization Act of 1986 - Title I: National Science Foundation Authorization- National Science Foundation Authorization Act for Fiscal Year 1986 - Authorizes appropriations to the National Science Foundation (NSF) for FY 1986.

Provides that such funds authorized for FY 1986 will be available for the following categories: (1) advanced scientific computing; (2) astronomical, atmospheric, earth, and ocean sciences; (3) biological, behavioral, and social sciences; (4) engineering; (5) mathematical and physical sciences; (6) scientific, technological, and international affairs; (7) program development and management; (8) U.S. Antarctic program; and (9) science and engineering education.

Reserves at least $1,000,000 of such appropriations to NSF for the ethics and values in science and technology program. Directs the NSF to report by December 30, 1986, to specified congressional committees on the distribution of such reserved funds for such program.

Reserves at least $3,000,000 of such appropriations to NSF for the Policy Research and Analysis program.

Requires that emphasis be placed on basic scientific research on the phenomena that contribute to acid rain, in the obligation, use, and expenditure of such funds for biotic systems and resources (under funds for biological, behavioral, and social sciences) and for atmospheric sciences (under funds for astronomical, atmospheric, earth, and ocean sciences).

Prohibits funds under this Act from being expended toward closure of a National facility without appropriate scientific review, including review by NSF's appropriate advisory committee or committees and the National Science Board.

Limits the amounts from appropriations authorized under this Act which may be used for: (1) consultation, representation, or other extraordinary expenses; and (2) expenses incurred outside the United States.

Permits transfers of funds among categories as long as such transfers do not exceed ten percent of authorized amounts. Permits transfers in excess of ten percent if: (1) the Director of NSF submits a written explanation of the proposed transfer to specified congressional officers and committees; and (2) 30 calendar days have passed after such submission.

Authorizes NSF to design, establish, and maintain a date collection and analysis capability to identify and assess the research needs of universities. Requires documentation of the needs of universities, by major field of science and engineering, for construction and modernization of research laboratories, including fixed equipment and major research equipment. Requires collection and analysis of university expenditures for construction and modernization of research facilities, the sources of funds, and other appropriate data. Directs NSF, in conjunction with appropriate Federal agencies, to conduct the necessary surveys every two years and report the results to the Congress. Requires that the first report be submitted to the Congress by September 1, 1986.

Amends the National Science Foundation Act of 1950 to delete certain provisions relating to notification of meetings to members of the National Science Board (the Board).

Provides that the Director of NSF may make contracts, grants, and other arrangements only with the prior approval of the Board or under authority delegated by the Board and subject to such conditions as the Board may impose (thus removing the Director's current authority to make grants, contracts, or arrangements involving specified limited amounts under certain conditions without the Board's approval). Provides that any such delegation of authority or imposition of conditions shall be: (1) effective only for such period of time, not exceeding two years, as the Board may specify; and (2) promptly published in the Federal Register and reported to the appropriate authorizing committees of the Congress. Directs the Board to submit, on October 1 of each odd-numbered year, to the Congress a concise report which explains and justifies any such delegation of authority or imposition of conditions within the preceding two years.

Removes a prohibition against NSF officers or employees acquiring, retaining, or transferring patent rights on inventions which they may make or produce in connection with performing their assigned activities and which are directly related to the subject matter thereof.

Revises provisions for special commissions to provide that special commissions: (1) shall consist of such members as the Board considers appropriate; and (2) may be established to study and make recommendations to NSF on issues relating to research and education in science and engineering.

Removes certain prohibitions against outside employment and activities by the Director, the Deputy director, or any Assistant Director of NSF and against their holding any office in or acting in any capacity for any organization with which NSF makes any grant, contract, or other arrangement.

Prohibits disclosure to the public of: (1) specified information supplied to NSF or to an NSF contractor by an industrial or commercial organization, unless such information has been transformed into statistical or aggregate formats that do not allow the identification of the supplier; and (2) the names of organizations supplying such information.

Repeals specified provisions of the National Science Foundation Authorization Act, Fiscal Year 1978 which require financial or other conflict of interest disclosure statements by NSF officials and employees.

Amends the National Science Foundation Authorization, 1976 to remove a limitation on the monetary amount and the duration of the grant included in the Alan T. Waterman Award. Provides that the Board will periodically establish the amounts and terms of such grants.

Repeals provisions of the National Science Foundation Authorization Act, Fiscal Year 1978 which require establishment of a Resource Center for Science and Engineering at an educational institution enrolling a substantial number of minority and/or low-income students.

Amends the National Science Foundation Authorization Act for Fiscal Year 1980 to require the National Science Board (as well as the Director of NSF) to keep specified congressional committees fully and currently informed with respect to all NSF activities.

Amends the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, and the National Science Foundation Authorization and Science Technology Equal Opportunities Act to revise provisions for NSF functions relating to engineering research and education. Replaces specified references to "technology" with references to "engineering."

Requires the Director of NSF, within 90 days after enactment of this Act, to: (1) review the recommendations of the President's Private Sector Survey on Cost Control and recommendations included in a specified report of the Office of Management and Budget; and (2) report to specified congressional officers and committees on the implementation status of each such recommendation which affects NSF and is within the Director's authority and control.

Title II: Education for Economic Security Reauthorization - Part A: National Science Foundation Science and Engineering Education - Amends the Education for Economic Security Act (EESA) to retitle its title I (National Science Foundation Mathematics and Science Programs) as "National Science Foundation Science and Engineering Education."

Sets forth a congressional declaration of policy with regard to the science and engineering education responsibilities of NSF. Sets forth certain functional objectives which the NSF must have in carrying out such responsibilities. Requires that funds under title I of EESA, consistent with such functional objectives, be used for: (1) enhancing public understanding of science and engineering through a variety of informal education activities; (2) developing new science and engineering faculty resources and talents; (3) enhancing the quality of science and engineering instruction in teacher education colleges; (4) developing four-year college faculty and instructors in high technology fields; (5) developing two-year community college faculty and instructors especially in high technology fields; (6) developing precollege mathematics, science and engineering education and training; (7) encouraging potential students, including underrepresented and underserved populations, to pursue careers in mathematics, science, engineering, and critical foreign languages; (8) developing instructional instrumentation and systems for postsecondary technical, engineering and scientific education; and (9) developing science, engineering, and education networks for disseminating curricula, methods, and materials.

Revises provisions for teacher institutes under title I of EESA. Directs the NSF to make competitive grants for such teacher institutes to institutions of higher education, businesses, nonprofit private organizations (including schools), local education agencies, professional engineering and scientific associations, museums, libraries, public broadcasting entities, and appropriate State agencies. Provides that such grants shall support institutes and workshops for supervisors and teachers in public and private elementary and secondary schools to improve such teachers' subject knowledge and teaching skills in mathematics and science.

Revises provisions relating to distribution of such teacher institute assistance. Provides that proposals which exceed $300,000 in any fiscal year and which incorporate the services of more than two entities in the design and operation of the institute may be funded at the discretion of the NSF Director.

Directs the NSF, in making grants under title I of EESA, to require assurances that: (1) local educational agencies will be involved in the institute planning and development in the case of applications submitted by other eligible applicants; or (2) one or more such other applicants will be involved in the institute planning and development in the case of applications submitted by State or local education agencies.

Revises provisions for mathematics and science education development programs. Authorizes the NSF to award competitive grants for: (1) instructional curriculum improvement and faculty development in mathematics, science, and engineering; (2) programs designed to enhance public understanding of mathematics, science, and engineering, including the use of public broadcasting entities; and (3) research on methods of instruction and education programs in mathematics, science, engineering, and critical foreign languages. Provides that such research may include: (1) teaching and learning research and its application to local and private sector instructional materials development and to teacher training programs; (2) research on the use of local and informal science education activities; (3) research on recruitment, retention, and improvement of mathematics, science, engineering, and critical language faculties; and (4) analysis of materials and methods for mathematics, science, and engineering education used in other countries and their potential application in the United States.

Directs the NSF to determine a minimum percentage for the matching amount which must be provided by recipients of such grants for materials development and methods research. Provides that such grants may be made to types of entities similar to those entities eligible for teacher institute grants, with similar application requirements for involvement of other eligible entities.

Authorizes the NSF to establish and carry out a new EESA program of graduate fellowships to encourage and assist promising students to continue their education and research in science, mathematics, and engineering.

Authorizes the NSF to expend up to 15 percent of the funds available for science and engineering education for applications which the NSF determines will meet one or more of the functional objectives described under title I of EESA. Provides that such programs may include a program for the exchange of mathematics, science, or engineering faculty between institutions of higher education (particularly those having nationally recognized research facilities) and eligible institutions (which are institutions with certain educational commitments to minority or economically or educationally disadvantaged students).

Directs the NSF to develop a five-year strategic plan for science and engineering education, to be up-dated on an annual basis and submitted to specified congressional committees by November 30 of each year.

Directs the NSF to: (1) adopt approval procedures designed to assure that awards are made on the basis of the scientific and educational merit as determined by the peer review process; and (2) assure, to the maximum extent possible, an equitable distribution of resources with respect to institutions and geographical areas.

Provides that funds to carry out title I of EESA for any fiscal year shall be made available from amounts appropriated pursuant to annual authorizations of appropriations for the NSF for science and engineering education. Provides that for FY 1986 such funds shall be available from amounts authorized to be appropriated to NSF for science and engineering education under this Act.

Part B: Education for Economic Security - Amends EESA to extend through FY 1988 the authorization of appropriations for the Education for Economic Security (EES) program under which the Secretary of Education makes both grants to States and discretionary grants to strengthen teacher skills and instruction in mathematics, science, computer learning, and foreign languages. Revises formulas under such grants program for State allotments, allotments to schools operated for Indian children by the Department of the Interior, and allotments to specified U.S. territories and possessions.

Allows local educational agencies (LEAs) to use such program funds to: (1) support teacher training in mathematics and science, as well as in-service training and retraining; and (2) if an LEA has already met its need for such training and retraining in mathematics and science, support such training and retraining in computer learning and foreign languages, and acquire mathematics and science instructional materials and equipment.

Allows State educational agencies (SEAs), for purposes of distributing 50 percent of such EES program funds to LEAS, to calculate the relative enrollments in public and private nonprofit schools within the school district of such LEAs on the basis of the total number of children enrolled in public schools and in either: (1) private nonprofit schools; or (2) private nonprofit schools desiring that their children and teachers participate in the EES program.

Declares that LEA officials are still responsible for annually contacting private nonprofit school officials to determine whether such schools desire that their children and teachers participate in the EES program.

Includes retraining or inservice training in the teaching of foreign languages among authorized uses of certain EES higher education funds. Includes cooperative projects to improve student understanding and performance in computer learning among other authorized uses of such funds.

Requires that State preliminary assessments of certain educational needs be available to all LEAs. Requires the Secretary to submit to the Congress a summary report of the final version of State assessments under the EES program.

Specifies that provisions for EES program participation by children and teachers from private schools refer to nonprofit private schools.

Authorizes the Secretary, with specified amounts reserved by the Secretary, to carry out directly, or through grants, cooperative agreements, or contracts, projects authorized under the Secretary's discretionary fund for programs of national significance. Includes cooperative agreements with, as well as grants to, certain entities for specified educational purposes, among the required uses to which the Secretary must put 75 percent of such funds.

Part C: Partnerships in Education for Mathematics, Science, and Engineering - Authorizes appropriations for FY 1986 through 1988 to carry out the program for Partnerships in Education for Mathematics, Science, and Engineering under EESA. Transfers the administration of such program from the NSF to the Department of Education.

Part D: Presidential Awards - Reserves not more than $1,000,000 from amounts authorized under title I of this Act for the category of science and engineering for FY 1986 for the program of Presidential Awards for Teaching Excellence in Mathematics and Science under EESA. Provides that, for subsequent fiscal years, funds to carry out such program shall be made available from amounts appropriated pursuant to annual authorizations of appropriations for the NSF for science and engineering education.

Part E: Excellence in Education - Extends through FY 1988 the authorization of appropriations for the Excellence in Education program under EESA.

Part F: Magnet Schools Assistance - Amends title VII (Magnet School Assistance) of EESA to extend through FY 1988 the authorization of appropriations to carry out such title.

Revises the statement of purpose of such magnet school assistance to emphasize support, through financial assistance to eligible LEAs, for: (1) the elimination, reduction, or prevention of minority group isolation in elementary and secondary schools with substantial portions of minority students; and (2) courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the grasp of tangible and marketable vocational skills of students attending such schools.

Revises provisions for uses of funds for such magnet school assistance. Permits magnet school assistance grants to be used by eligible LEAs for: (1) planning and promotional activities directly related to expansion and enhancement of academic programs and services offered at magnet schools; (2) acquisition of books, materials, and equipment (including computers and computer operation and maintenance) necessary to conduct programs in magnet schools; and (3) paying or subsidizing compensation for teachers necessary to conduct programs in magnet schools. Requires, with respect to clauses (2) and (3), such assistance to be directly related to improving the knowledge of mathematics, science, history, english, foreign languages, art, or music, or to improving vocational skills.

Modifies prohibitions against certain uses of magnet school assistance grants to eliminate a reference to secular humanism.

Title III: Library Services Program - Amends the Library Services and Construction Act (the Act) to revise the definitions of "long-range program" and "Indian tribe."

Makes specified requirements for maintenance of funding levels for public library systems applicable to Hawaiian native programs.

Provides that, for purposes of basic State plan requirements under the Act, "limited English-speaking proficiency" shall be determined according to its definition under the Bilingual Education Act.

Specifies that certain references under provisions relating to administrative costs are to titles I, II, and III of the Act.

Excludes the amount made available for Indian tribes and Hawaiian natives from certain determinations for purposes of reservation of portions of State allotments for major urban resource libraries.

Makes inapplicable in the case of Indian tribes and Indians in California, Oklahoma, and Alaska any provisions of title IV (Library Services for Indian Tribes) of the Act which require that services be provided on or near Indian reservations, or to only those Indians who live on or near Indian reservations.

Title IV: Minority Institutions; Migratory Children Program - Amends the General Education Provision Act to authorize appropriations for the Minority Institutions Science Improvement Program for FY 1985 and 1986.

Amends the Elementary and Secondary Education Act of 1965 to eliminate the authority of the Secretary of Education to make grants to (but continues the Secretary's authority to enter into contracts with) SEAs to operate a migratory children student records system for the transfer of such records among SEAs and LEAs. Directs the Secretary, in order to ensure continuity in the operation of such a system, to continue to award, by July 1 of each year, such a contract to the SEA receiving the award in the preceding year, unless a majority of the States notify the Secretary in writing that such SEA has substantially failed to perform its responsibilities under the contract during that preceding year. Provides that no activity under such provisions for a migratory children student records system (and for other coordination of migrant education programs) shall, for purposes of any Federal law, be treated as an information collection that is conducted or sponsored by a Federal agency.

Title V: Harry S Truman Memorial Scholarship Program - Amends the Harry S Truman Memorial Scholarship Act to raise the dollar limitation on stipends paid under such Act.

Title VI: Education of the Handicapped Act - Amends the Education of the Handicapped Act to raise the maximum amount for certain administrative costs which a State may take from its entitlement under the grant program of assistance for education of all handicapped children. Makes technical amendments.

Title VII: Carl D. Perkins Vocational Education Act Technical Amendments - Amends the Carl D. Perkins Vocational Education Act (the Act, for purposes of this title) to repeal a provision which excludes specified U.S. territories and possessions from certain "hold-harmless" requirements relating to minimum and maximum allotments.

Revises provisions relating to the portion of funds which a State reserves for administrative costs. Provides that: (1) the formula for determining the amount of such reservation applies to the entire State allotment (rather than to that portion available for statewide activities); and (2) such reserved amount shall be considered as part of that portion of the allotment that is retained for State activities and not distributed under specified provisions.

Revises provisions relating to State councils on vocational education. Specifies that certifications of such councils' establishment and membership are to be made by the States to the Secretary of Education. Extends the deadline for such certification to the beginning of each State plan period. (Current law sets the deadline at 90 days prior to the beginning of such period.) Requires each State council to meet with the State board of vocational education or its representatives during the planning period to advise on the development of the subsequent State plan. Requires that other specified functions and duties of the State council be carried out during such planning period.

Directs the Secretary of Education to make grants in specified amounts to the State councils of vocational education of specified U.S. territories and possessions, from amounts authorized to be appropriated for State councils of vocational education.

Revises provisions relating to State plans to specify that a required State evaluation will focus on the vocational education projects, services, and activities of at least 20 percent of the eligible recipients.

Revises a within-State allocation requirement of State board assurances concerning the proportion of limited-english-proficiency individuals served by eligible recipients for vocational education services and activities. Requires that such proportion be at least the same as the number of such individuals enrolled by the recipient in the preceding fiscal year bears to the total number of disadvantaged individuals, including such limited-english-proficiency individuals, in that preceding fiscal year.

Revises provisions relating to consumer and homemaking education. Limits the portion of funds for such purpose which may be used for State administration of projects, services, and activities under such provisions.

Revises provisions for the Federal share under the Act. Provides that the formula for determining the Federal share shall be used to determine a maximum limit on such share, rather than the exact required amount of such share. Allows the non-Federal contribution from local resources to be in cash or in kind (including facilities, overhead, personnel, equipment, and services) fairly valued, if the eligible recipient determines that it cannot otherwise provide such contribution.

Title VIII: Higher Education Programs - Amends the Student Financial Assistance Technical Amendments of 1982 to direct the Secretary of Education to apportion FY 1986 appropriations for the National Direct Student Loan Program under the Higher Education Act of 1965 so that each State's FY 1986 apportionment bears the same ratio to the total FY 1986 appropriations as that State's FY 1980 apportionment bore to the total FY 1980 appropriations, if the FY 1986 appropriations are less than the FY 1980 appropriations.

Amends the Higher Education Act of 1965 to revise provisions relating to the National graduate Fellows program. Provides that national graduate fellowships shall be awarded for only one academic year of study and shall be renewable for a period not to exceed four years of study. Requires that, in FY 1986 and succeeding fiscal years, all funds appropriated for such program in each fiscal year shall be: (1) awarded to students by March 1 of that fiscal year; and (2) obligated and expended to the students for fellowships for use in the academic year beginning after July 1 of that fiscal year.