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    IT Legislative and Regulatory

    Issues Agenda > > > > >

    Higher Education Information Technology Allian

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    IT Legislative and Regulatory

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    2003

    Higher EducationInformation TechnologyAlliance

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    March 2003

    Dear Colleague:

    I am pleased to present the Higher Education Information Technology

    (HEIT) Alliances2003 IT Legislative and Regulatory Issues Agenda. The HEIT

    Alliancewas established to help define and promote the higher education and

    library communities collective interests in federal information-technologypolicy. Comprising 11 higher education and library associations, the alliance

    hosts an annual forum that brings together alliance members, representatives

    from other higher-education associations, and campus representatives to share

    information and formulate positions on information technology policy issues

    that impact higher education. This forum plays an important role in

    establishing an agenda on information technology policy.

    The events of September 11, 2001, continue to affect the2003 Agenda, as

    shown by its emphasis on computer and network security, privacy, and funding

    priorities. Other areas that are of ongoing interest to the HEIT Alliance include

    broadband access, distance education and federal student aid, and intellectual

    property. Two new issues on the agenda this year are cyberinfrastructure

    (described as having potentially revolutionary implications for scientific re-search) and spectrum management. The2003 IT Agenda also provides guidance

    for higher education and library organizations on potential new policy avenues,

    including a proposed new technology title for the Higher Education Act of

    1965,the Millennium Partnership Initiative, and outreach to public television

    stations.

    Due to the rapidly changing environment in information technology, the

    priorities and recommendations in this document may change during the

    course of the year. We will update the agenda electronically as the year

    progresses at http://www.heitalliance.org. The Higher Education Information

    Technology Alliance will continue to meet throughout the year to share

    information and move our current agenda forward.

    Sincerely,

    Hilary Goldmann

    Coordinator, HEIT Alliance

    MEMBERSAmerican Association of Community Colleges

    American Association of State Colleges and Universities

    American Council on Education

    Association of American Universities

    Association of Research Libraries

    EDUCAUSE

    Internet2

    National Association of College and University Business Officers

    National Association of Independent Colleges and Universities

    National Association of State Universities and Land-Grant Colleges

    University Continuing Education Association

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    TABLE OF CONTENTS

    I. Update from 2002 ........................................................................................5> Computer and Network Security> Cyber Security Research and Development Act of 2002> .edu> Intellectual Property> NSF Reauthorization> Post September 11

    II. Broadband ....................................................................................................9

    III. Computer and Network Security ............................................................11> Background

    > Securing Campus Networks> Education and Training of IT Security Professionals> Cybersecurity Research and Development

    IV. Cyberinfrastructure ..................................................................................16

    V. Higher Education Act Reauthorization ....................................................18> Federal Student Financial Aid and Distance Education> Improving the Application of Technology in Higher Education

    VI. Intellectual Property ...............................................................................20> Digital Media Consumers Rights Act of 2003> Distance Education> Database Legislation> Uniform Commercial Information Transactions Act> Digital Rights Management> Peer-to-Peer (P2P) File Trading

    VII. Privacy ......................................................................................................24

    VIII. Spectrum Management and Wireless Internet Access .....................26

    IX. New Opportunities ...................................................................................27

    > Digital Opportunity Investment Trust> Millennium Partnership Act> Public Television and Higher Education

    X. Funding Priorities ...................................................................................... 29> U.S. Department of Commerce> U.S. Department of Education> National Science Foundation

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    5

    I. UPDATE FROM 2002

    Computer and Network SecuritySignificant strides were made during 2002 to raise the level of awareness about

    computer and network security within higher education. Members of the

    Higher Education Information Technology Alliance endorsed A Framework for

    Action, developed by the EDUCAUSE/Internet2 Security Task Force. The

    document was presented to Richard Clarke, Assistant to the President for

    Cyberspace Security, when he addressed the EDUCAUSE Networking2002

    Conference. The subsequent higher education contribution to the Bush

    Administrations National Strategy to Secure Cyberspace was submitted to the

    Presidents Critical Infrastructure Protection Board in July 2002. Members of

    the Higher Education Information Technology Alliance attended the Higher

    Education IT Security Summit sponsored by EDUCAUSE in November 2002.

    The Summit developed an action agenda organized around the following

    themes: 1) education and awareness; 2) security standards, policies, and

    procedures; 3) security architecture and tools; and 4) organization, information

    sharing, and incident response.

    Cyber Security Research and Development Act of 2002The Cyber Security Research and Development Act (H.R. 3394) was enactedinto law on November 27, 2002. The measure creates computer and network

    security research grants to be administered by the National Science Foundation

    (NSF) for basic research on innovative approaches to the structure of com-

    puter and network hardware and software that are aimed at enhancing com-

    puter security. The law further authorizes NSF to award multiyear grants to

    colleges, universities, nonprofit research institutions, or consortia to establish

    multidisciplinary Centers for Computer and Network Security Research. The

    measure also instructs NSF to establish a program to award grants to institu-

    tions of higher education (or consortia) to establish or improve undergraduate

    and masters degree programs in computer and network security, to increase

    the number of students, including the number of students from groups histori-cally underrepresented in these fields, who pursue undergraduate or masters

    degrees in fields related to computer and network security, and to provide

    students with experience in government or industry related to their computer

    and network security studies. Members of the Higher Education Information

    Technology Alliance supported the legislation and maintained a dialogue with

    members of Congress and the Administration in support of its passage.

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    .eduThe final decision by EDUCAUSE to expand the eligibility of the domain was

    announced on February 11, 2003. Currently, 648 community colleges have a

    registered .edu domain. Members of the Higher Education Information Tech-nology Alliance supported this change from the original terms under which the

    .edu domain was awarded. EDUCAUSE began accepting .edu domain applica-

    tions in November 2001 under a cooperative agreement with the Department

    of Commerce. At that time, only regionally accredited four-year institutions

    were eligible to receive .edu domain names. After its April 2002 meeting, the

    .edu policy board directed the EDUCAUSE staff to conduct a public comment

    period on whether the eligibility criteria should be revised to include all post-

    secondary institutions that are institutionally accredited by an accrediting

    agency appearing on the U.S. Department of Educations list of nationally

    recognized accrediting agencies.

    RESOURCESDepartment of Educations list of nationally recognized accredited agencies

    http://www.ed.gov/offices/OPE/accreditation/natlagencies.html

    EDUCAUSE .edu Administration

    http://www.educause.edu/edudomain/index.asp

    National Telecommunications and Information Administration

    http://www.ntia.doc.gov/ntiahome/domainname/educa/index.html

    Intellectual PropertyDigital Rights Management:Senator Ernest Hollings (D-SC) introduced the Con-

    sumer Broadband and Digital Television Promotion Act in the 107 th Congress,

    which would have required all digital media devices to include a government-

    mandated copyright protection technology. If enacted, this legislation would

    have eroded fair use provisions that have traditionally balanced the rights

    between copyright holders and the rights of individuals who legally acquire

    copyrighted work; placing more power in the hands of content owners. Addi-

    tionally, the content industry would have had an effective veto control over all

    unanticipated uses of digital media devices because the content industry would

    identify ahead of time all possible legitimate uses. Members of the HEIT Alliance

    opposed this legislation. The measure did not pass.

    TEACH Act:President Bush signed the Technology, Education and Copyright

    Harmonization Act (TEACH Act) into law in November 2002. TEACH updatesthe distance-education provisions of the Copyright Act. It will allow faculty to

    use copyrighted works such as videos, music, images, and computer software in

    their online courses, under certain circumstances, without seeking permission

    from copyright owners. Subsequent to its passage, members of the Higher

    Education Information Technology Alliance began discussions on how mem-

    bers can effectively comply with TEACHs provisions in order to benefit from

    the new allowances.

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    Copyright Owners Self-Help Measures:In the 107th Congress, Congressman

    Howard Berman (D-CA) and Congressman Howard Coble (R-NC) introduced

    legislation to facilitate copyright owners use of self-help measures, such as

    interdiction, decoys, redirection, file-blocking, and spoofs, to prevent copy-right piracy via peer-to-peer networks. Members of the HEIT Alliance opposed

    the measure because they believed it leaned too heavily toward the interests of

    copyright owners and would grant broad license for owners to interrupt

    Internet transmissions and to disable computer files of persons whom those

    owners suspected of engaging in illegal file trading. The proposal failed to set

    reasonable checks on the use of self-help measures. The measure did not pass.

    State Sovereign Immunity: Recent Supreme Court decisions have held that the

    sovereign-immunity clause of the Eleventh Amendment exempts state entities,

    including public universities and libraries, from adherence to federal intellec-

    tual-property laws. Legislation introduced in the 107th Congress would help

    eliminate the unfair commercial advantage that States and their instrumentali-ties now hold in the Federal intellectual property system because of their ability

    to obtain protection under the United States patent, copyright, and trademark

    laws while remaining exempt from liability for infringing the rights of others.

    The legislation, as it was drafted, presented enormous problems for the higher

    education community. Members of the HEIT Alliance took the lead in opposing

    the measure, which eventually stalled in committee.

    NSF Reauthorization ActThe House of Representatives passed H.R. 3130, the Undergraduate Science,

    Mathematics, Engineering and Technology Education Improvement Act during

    the 107th Congress. Subsequently, several of its provisions were incorporated

    into H.R. 4664, the reauthorization of the National Science Foundation. The

    HEIT Alliance worked closely with the House Science Committee staff in

    drafting HR4664. Signed on December 19, 2002, the measure reauthorizes the

    NSF for five years and increases authorized funding from the FY2002 level of

    $4.79 billion to $9.84 billion by FY 2007.

    The legislation also:

    > Authorizes the Math and Science Education Partnership;

    > Provides the authority to establish Centers for Research on Mathematicsand Science Learning and Education Improvement;

    > Authorizes the establishment of a new program to award grants to minor-ity-serving institutions to enhance the quality of science, technology,

    engineering, and mathematics (STEM) education, including funding for

    instrumentation;

    > Sets funding levels for the broad appropriations categories, as well asspecific line items for information technology, nanoscale science and

    engineering, math and science education partnerships, the STEM Talent

    Expansion Program, and the Robert Noyce Scholarship program.

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    Post September 11The House passed the Cybersecurity Enhancement Act of 2002 (H.R. 3482)

    last July, designed to enhance the USA-PATRIOT Act by expanding the stan-

    dards by which Internet service providers (ISPs) may disclose the contents ofcustomer communications to any federal, state, or local government entity. If

    an ISP believed in good faith that an emergency existed, such data could be

    disclosed. Under the terms of the USA-PATRIOT Act, ISPs would need to

    reasonably believe an emergency existed.

    The bill also would broaden the definition of emergencies so that law en-

    forcement could use electronic surveillance tools for 48 hours without obtain-

    ing a court order in cases where national security was at risk or where a pro-

    tected computer was undergoing a consistent attack. Members of the HEIT

    Alliance expressed concerns about law enforcements increased legal capability

    to monitor their networks without a court order. The Senate did not act on this

    legislation.

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    II. BROADBANDPrepared by James Hermes, AACC

    Increased deployment of broadband Internet services in rural and other

    underserved areas will surely be a hot topic again in the 108th Congress. Early

    in the first session, several bills have already been introduced that address this

    issue. These bills, as in previous Congressional sessions, take different ap-

    proaches to the problem. Some offer tax credits for the rollout of current

    generation broadband services in rural and underserved areas, and for deploy-

    ment of next generation services anywhere. Others authorize federal grants or

    loan guarantees for research and deployment of broadband services.

    The best known, and most controversial, legislative approach to the issue is

    that advanced by Reps. Billy Tauzin and John Dingell, who seek to spur broad-

    band deployment by lifting restrictions on local phone companies. Their bill, as

    of the writing of this document, has not yet been reintroduced in the 108th

    Congress. It enjoys substantial support in the House of Representatives but still

    faces stiff opposition in the Senate despite that chambers return to Republican

    control. In the meantime, the Federal Communications Commission is consid-

    ering regulations that would achieve the same ends sought by the Tauzin-

    Dingell legislation.

    Colleges and universities, and their students, play a significant role in the

    broadband debate as both users of current broadband services and inventors of

    next-generation services and related applications. Some smaller institutions in

    rural areas lack access to high-speed service on their campuses, or pay dearly

    for it. While most institutions enjoy high-speed access themselves, the issue for

    many of them is the lack of access in the communities they serve. Technologi-

    cal barriers and the lack of potential profits have stymied the availability of

    broadband services in many areas. Higher education institutions are using the

    Internet more than ever to reach students any time, any place, offering increas-

    ingly sophisticated, content-rich material that requires students to have broad-

    band access. Ironically, many of the institutions that stand to gain the most

    from distance education are in areas where broadband access is least likely tobe available.

    Higher education has always been a leader in the development of next-

    generation services, as well as applications that help to drive the demand for

    broadband in the larger community. High-speed networks are accelerating the

    pace of discovery in a wide range of science and engineering disciplines as

    researchers are connected to supercomputers, vast online databases, scientific

    instruments, and each other. In addition, institutions help drive the demand for

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    broadband by exposing millions of students to its benefits, who will be loathe

    to use anything else after graduation. Higher education clearly has a role to

    play, therefore, in increasing the demand for these services, an issue that is

    viewed as crucial to a larger economic recovery.

    RECOMMENDATIONS: The HEIT Alliance should become more active in

    making the case on the Hill, with the Administration, and in other public

    and private forums about the significant role institutions of higher education

    play by developing new broadband services and driving demand for those

    already in use. The HEIT Alliance should seek additional federal resources to

    increase support for R&D for advanced broadband technology and testbeds,

    and demonstrate advanced broadband to policy makers in Washington.

    Institutions of higher education should also be leaders at the state and local

    levels in the debate over broadband policy and serve as resources for re-

    gional network design and implementation.

    RESOURCES:

    Federal Communications Commission

    http://www.fcc.gov/broadband/

    National Telecommunications and Information Administration

    http://www.ntia.doc.gov

    Digital Divide Network

    http://www.digitaldividenetwork.org

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    III. Computer and Network SecurityPrepared by Rodney Petersen, EDUCAUSE/Internet2 Computer

    and Network Security Task Force

    The security of college and university computers and networks will be a signifi-

    cant issue for higher education for 2003. The recent release by the White

    House of The National Strategy to Secure Cyberspace will continue to attract sub-

    stantial attention and spark discussion in government, industry, and higher

    education. Many associations, consortia, and interest groups are debating how

    to improve information technology security.

    BackgroundThe new Department of Homeland Security (DHS) brings together within a

    single federal department several of the key agencies with responsibilities for

    cybersecurity. DHS will contain a new Information Analysis and Infrastructure

    Protection Directorate that will analyze intelligence and information from other

    agencies (including the CIA, FBI, DIA and NSA) involving threats to homeland

    security and evaluate vulnerabilities in the nations infrastructure. The deputy

    secretary for the Information Analysis Protection Directorate has yet to be

    named. It will bring together the following governmental agencies:

    > Critical Infrastructure Assurance Office (Commerce)http://www.ciao.gov/

    > Federal Computer Incident Response Center (GSA)http://www.fedcirc.gov/

    > National Communications System (Defense)http://www.ncs.gov/

    > National Infrastructure Protection Center (FBI)http://www.nipc.gov/

    > Energy Security and Assurance Program (Energy)http://oea.dis.anl.gov/home.htm

    On February 28, 2003, the Presidents Critical Infrastructure Protection Board

    was dissolved by Executive Order. The Department of Homeland Security will

    now be responsible for cybersecurity operations and implementation of theAdministrations National Strategy to Secure Cyberspace. Cyberspace security policy

    will continue within the White House under the coordination of the Homeland

    Security Council. The Council is expected to establish a Policy Coordination

    Committee to continue much of the work of the prior Boards committees. The

    Department of Homeland Security also has established the office of an

    undersecretary for science and technology. This official could become a key

    player in establishing priorities for research and development in efforts to

    improve cybersecurity.

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    The recent establishment at Indiana University of the Research and Educational

    Networking Information Sharing and Analysis Center is a significant accom-

    plishment that will facilitate information sharing within higher education. It

    will focus on the high performance network infrastructure dedicated to re-search and education known as the Abilene network. The Administrations

    National Strategy to Secure Cyberspace called for establishing information and

    analysis centers to facilitate communication, develop best practices, and dis-

    seminate security-related information. Centers already have been established

    for the following sectors of the economy: electric power, energy, telecommuni-

    cations, information technology, banking and finance (financial services), water

    supply, surface transportation, oil and gas, emergency fire services, food,

    chemicals industry, and emergency law enforcement.

    Securing Campus NetworksThe higher education community will be looked to for leadership in thefollowing areas:

    > Improving the security of college and university computers and networks;

    > Providing training, certification, and educational curriculum and degreeprograms to enhance the cybersecurity workforce; and

    > Conducting basic and applied research in the area of computer andnetwork security.

    The EDUCAUSE/Internet2 Computer and Network Security Task Force com-

    missioned two research projects: 1) a memo describing legal and compliance

    issues for computer and network security, and 2) development of an incident

    classification scheme that can be used to measure security incidents and collectbetter metrics about the extent of the problem and assess progress over time.

    The Security Task Force also is looking for opportunities to collaborate with

    industry and government on ways to improve the security of higher education

    computers and networks. For example, the NSF Advanced Networking Project

    with Minority Serving Institutions is working with the Software Engineering

    Institute and the CERT Coordination Center of Carnegie Mellon University to

    leverage its expertise and resources.

    The use of digital certificates continues to be a promising technology for facili-

    tating secure online financial transactions, private email, and electronically

    signed forms. It will facilitate trusted electronic communications within and

    between institutions of higher education as well as with federal and state

    governments. The use of digital certificates on campuses is expanding. It is

    worth noting that a recent NSF-funded workshop on technology related to

    these certificates (middleware) attracted representatives from 80 colleges,

    compared to 20 at the same workshop a year ago.

    A bridge is a computer system that facilitates interoperability between digital

    certificates issued by different campuses and by state and federal government

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    agencies. With financial assistance from NIH and NSF, EDUCAUSE is sponsor-

    ing a group to specify and implement such a bridge, called the Higher Educa-

    tion Bridge Certification Authority (HEBCA). The HEBCA will interact with an

    analogous system run by the federal government, called the FBCA. The busi-ness plan and availability rules for the HEBCA are to be determined. The target

    operational date for the HEBCA is September 2003.

    RECOMMENDATION: HEIT Alliance Members should continue to raise aware-

    ness among their institutional and professional memberships of the impor-

    tance of improving the security of college and university computers and

    networks. The HEIT Alliance should monitor further legislative develop-

    ments, including legislation concerning identity theft and Social Security

    number use and related issues, and consider appropriate advocacy positions.

    The HEIT Alliance should coordinate activities with the EDUCAUSE/

    Internet2 Computer and Network Security Task Force, especially as they

    relate to interactions with federal agencies responsible for implementation ofthe National Strategy to Secure Cyberspace.

    The Security Task Force also is working to monitor and influence regulatory

    activities related to federal research grants and contracts. To date, NASA is the

    only federal entity to require certain cybersecurity thresholds for federal

    contracts and is currently considering extending those provisions to federal

    grants. It is possible that other federal research agencies will consider the NASA

    approach a model. The release of the Health Insurance Portability and

    Accountability Act of 1996 (HIPAA) Security Standards Final Rule on February

    13, 2002, also will become an influential model of the types of security

    standards, policies, and technologies that colleges and universities are likely to

    deploy. The Federal Trade Commission also has issued a Final Rule for

    Standards for Safeguarding Customer Information under the Financial Services

    Modernization Act of 1999, popularly known as the Gramm-Leach-Bliley Act

    of 1999, with an effective date of May 23, 2003. Additionally, it will be

    important to monitor the effects of new state laws or the imposition of state

    regulations on the security practices of public universities.

    RECOMMENDATION: HEIT Alliance members should continue to monitor the

    development of regulations or standards for improving data security and

    assess the campus impact of coming into compliance. Also, the Alliance

    should generally oppose any new proposals that tie receipt of federal funds,

    for research or other purposes, to IT security requirements.

    Education and Training of IT Security ProfessionalsSignificant links have been established during the past year between efforts to

    improve computer and network security in higher education and academic

    programs designed to provide training and education to cybersecurity profes-

    sionals. Several institutions that have been designated as Centers of Academic

    Excellence by the National Security Agencyin Information Assurance and

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    Education have already established relationships between the campus IT

    security professionals responsible for securing campus systems and the faculty

    and academic administrators responsible for running the centers. In some

    cases, the IT security professionals are enrolled in the professional certificationprograms or are serving as course instructors.

    RECOMMENDATION: The HEIT Alliance should continue to share information

    about new academic programs or funding opportunities for enhancing the

    cyber-security workforce as well as professional development of current

    campus IT security personnel. The HEIT Alliance and Security Task Force

    should support and participate in the efforts of the Colloquium for Informa-

    tion Systems Security Education managed by the James Madison University

    Center for Research in Information Systems Security Education. The collo-

    quium provides a forum for dialogue among leading figures in government,

    industry, and academia to work in partnership to define current and emerg-

    ing requirements for information security education, and to influence andencourage the development and expansion of information security curricula,

    especially at the graduate and undergraduate levels.

    Cybersecurity Research and DevelopmentHigher education has become home to several cybersecurity research centers

    over the past few years. The interest in developing a cybersecurity or homeland

    security research focus on campus has been spawned by shifting national

    priorities and increased funding opportunities since September 11th. Addition-

    ally, the recent Cybersecurity Research and Development Act promises new

    sources of funding for computer and network security research and education.

    Organizations such as the Institute for Information Infrastructure Protection, to

    which many of the higher education research centers belong, have been

    advocating increased federal funding as well as attempting to shape the

    research.

    To better secure college and university computers and networks, there will be

    increased attention and emphasis on applied research for cybersecurity over

    the next year. The National Institute for Standards in Technology (NIST) has

    become a critical resource for the federal government and private sector in

    developing practical security resources. The Computer Security Resource

    Center at NIST contains a wealth of resources and continues to pursue investi-

    gation and documentation of research topics of practical benefit to both gov-ernment and other entities such as higher education. Similarly, the National

    Science Foundations Middleware Initiative has been a tremendous stimulus for

    colleges and universities struggling to develop authentication and authorization

    mechanisms to better secure their networked resources and the growing

    amounts of intellectual property available online through licensing

    arrangements.

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    RECOMMENDATION: The HEIT Alliance should advocate increased funding of

    cybersecurity research and development initiatives and work closely with

    the policymakers and federal agencies that will shape the cybersecurity

    research agenda. The HEIT Alliance should support the efforts of organiza-tions whose mission is to strengthen research and education in the comput-

    ing fields, expand opportunities for women and minorities, and improve

    public and policymaker understanding of the importance of computing and

    computing research in our society.

    RESOURCES:

    Colloquium for Information Systems Security Education

    http://www.ncisse.org/

    Computer Security Resource Center,

    National Institute for Standards in Technology

    http://csrc.nist.govComputing Research Association

    http://www.cra.org

    Department of Homeland Security

    http://www.dhs.gov

    EDUCAUSE/Internet2 Computer and Network Security Task Force

    http://www.educause.edu/security

    Federal PKI Bridge

    http://www.cio.gov/fbca/

    Higher Education Bridge Certificate Authority

    http://www.educause.edu/hebca/

    HIPAA Security Standards Final Rule

    http://www.cms.hhs.gov/regulations/hipaa/cms0003-5/

    0049f-econ-ofr-2-12-03.pdf

    NSF Advanced Networking Project With Minority Serving Institutions

    http://www.anmsi.org/

    NSF Middleware Initiative

    http://www.nsf-middleware.org

    Presidents Critical Infrastructure Protection Board

    http://www.whitehouse.gov/pcipb

    Software Engineering Institute, Carnegie Mellon University

    http://www.sei.cmu.edu/

    The Institute for Information Infrastructure Protection

    http://www.thei3p.orgThe National Strategy to Secure Cyberspace

    http://www.securecyberspace.gov

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    The report highlights dramatic steps forward in such diverse disciplines as

    atmospheric science, forestry, ocean science, environmental science and engi-

    neering, space weather, computer science and engineering, bioinformatics,

    medicines, physics, astronomy, engineering, materials science, and the socialand behavioral sciences.

    The report calls for National Science Foundation leadership in building a bold,

    broad-based initiative designed to revolutionize all areas of science. The tools

    needed could cost up to $1 billion a year in new investments and may require

    new organizational tools within the NSF and the scientific community as well.

    The first step is building consensus within the scientific and policy communities

    that this is something the United States must do.

    The report also emphasizes the high cost of not undertaking an integrated,

    comprehensive approach to cyberinfrastructure: Scientific disciplines will

    initiate these kinds of distributed, collaborative efforts for themselves, but theresults will be more costly, fragmented, balkanized, and not interoperable.

    Valuable secondary and multidisciplinary uses of scientific research will be lost.

    The National Science Foundation has requested $20 million in its fiscal 2004

    budget request to Congress to begin a new cyberinfrastructure initiative. Initial

    Congressional reaction to the report has been positive, but this will be a major,

    multiyear effort if the full vision is to be realized.

    RECOMMENDATIONS: The HEIT Alliance should endorse the findings and

    recommendations of the Blue Ribbon Advisory Committee on

    Cyberinfrastructure and communicate that support to NSF and Administra-

    tion leadership. The Alliance should support these findings and recommen-

    dations with appropriate Congressional leaders and seek both hearings and

    authorizing legislation to further these goals. The Alliance should support

    the $20 million cyberinfrastructure request in the NSF budget for 2004 and

    seek dramatic increases in the amounts to be invested in future years.

    RESOURCES:

    Press Release: National Science Foundation Releases New Report from

    Advisory Committee for Cyberinfrastructure

    http://www.nsf.gov/od/lpa/news/03/pr0318.htm

    Revolutionizing Science and Engineering Through Cyberinfrastructure:Report of the National Science Foundation Blue-Ribbon Advisory Panel

    on Cyberinfrastructure:

    http://www.communitytechnology.org/nsf_ci_report/

    Statement from Peter A. Freeman, NSF Assistant Director for CISE:

    http://www.cise.nsf.gov/evnt/reports/atkins_annc_020303.htm

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    V.HIGHER EDUCATION ACTREAUTHORIZATION

    Prepared by Jon Fuller, NAICU, and Richard Harpel, NASULGC

    Federal Student Financial Aid and Distance EducationUtilization of the World Wide Web and other technologies are important means

    of delivering academic coursework to a significant number of students who are

    pursuing a college education, particularly those who face time and geographic

    limitations. During the past several years, many schools that offer these

    programs have identified some statutory provisions enacted a decade ago to

    prevent fraud and abuse, which have inhibited their efforts for expansion and

    improvement in distance education. The Higher Education Act (HEA) should

    permit and support a carefully monitored expansion of programs that use

    innovative means to deliver education programs, while ensuring continued

    program integrity.

    A new program, based on the Education Departments existing Distance Educa-

    tion Demonstration Program, would permit existing demonstration sites to

    continue participating and also allow the Secretary to select additional partici-

    pants from among all Title IV eligible institutions that seek a waiver of certain

    existing time and place provisions now in the law minus the limitation to 50

    institutions currently found in the demonstration program. As is currently the

    case, participating institutions would agree to a higher level of oversight by theDepartment of Education. The Department should be required to provide

    periodic statements to Congress about the impact and effectiveness of the

    program.

    We believe that this represents a balanced approach to distance education that

    will afford institutions the opportunity to be flexible and innovative in re-

    sponding to student needs for non-traditional delivery mechanisms, while still

    preserving critical safeguards to maintain the integrity of the program, protect

    the federal fiscal interest, and retain public confidence in the quality of the

    enterprise.

    RECOMMENDATION: The Distance Education Demonstration Program,authorized in Section 486 of the HEA, should become the prototype for a

    permanent program for non-traditional delivery of higher education.

    Improving the Application of Technology in Higher EducationTo enable institutions of higher education to keep pace with rapid technological

    developments, meet the nations pressing workforce needs, and respond to

    dramatic demographic changes in the student population, we urge Congress to

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    expand funding for technology within the HEA.As colleges and universities

    respond to todays needs and challenges, they have begun to re-examine their

    assumptions about the way faculty teach, students learn, and knowledge is

    acquired and retained. Many innovative changes are being implementedthrough the use of advanced technologies. Several recent studies have demon-

    strated that academic instruction and coursework at all levels of education

    often benefit from the incorporation of technology into curriculum design and

    delivery, both in the classroom and through distance learning.

    However, the efficiencies and increased productivity from the often-enormous

    investments in infrastructure have sometimes fallen short of expectations. The

    full benefit of technology in the educational process isrealized only by enhanc-

    ing the technology skills of faculty and students, ensuring adequate system

    support, and providing the funds necessary to build a new academic framework

    around this new resource.

    RECOMMENDATION: Congress should create a new title in the HEA devoted

    exclusively to the support of technology within institutions of higher educa-

    tion. This new title should be authorized at $50 million for the creation of a

    competitive grant program to support: 1) adaptations of technology to the

    curriculum; 2) faculty development in the effective use of technology; 3)

    augmentation of technological skills of K-12 teachers; and 4) planning for

    campus technology systems development. This program would provide seed

    money to institutions and is not intended to support operations or mainte-

    nance of programs over time. AllTitle IV eligible institutions under Section

    101(a) should be eligible to compete for these grants with a special effort to

    meet the needs of institutions enrolling a high percentage of low-income

    students.

    RESOURCE:

    http://www.acenet.edu/washington/HEAProposals.DOE.pdf

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    VI. INTELLECTUAL PROPERTYPrepared by Prue Adler, ARL and John Vaughn, AAU

    Digital Media Consumers Rights Act of 2003There is growing awareness among some members of Congress that the Digital

    Millennium Copyright Act (DMCA) tipped the scales too far in favor of propri-

    etors and proprietary control over copyrighted material. In an effort to restore

    that balance, on January 7, 2003, Rep. Rick Boucher (D-VA), Rep. John

    Doolittle (R-CA), and Rep. Spencer Bachus (R-AL) introduced the Digital

    Media Consumers Rights Act of 2003" (DMCRA, H.R. 107). The bill reaffirms

    fair use in the digital age and addresses key concerns with the anti-circumven-

    tion provisions of the DMCA. If passed, the DMCRA would restore fair use

    rights by amending the DMCA to allow circumvention of a copy protection

    system for noninfringing uses of digital copyrighted material. The DMCRA also

    would ensure that it is not a violation of Section 1201 of the DMCA to manu-

    facture, distribute, or make noninfringing use of a hardware or software

    product that enables significant noninfringing use of a copyrighted work, such

    as creating backup copies of legally purchased CDs or other digital media. In

    addition, Rep. Zoe Lofgren (D-CA) introduced a related bill, the Benefit

    Authors without Limiting Advancement or Net Consumer Expectations Act of

    2003 (Balance Act) Rep. Lofgrens bill raises a number of issues of interest to

    the library and higher education community and is another positive sign thatCongress is reexamining a number of key copyright issues.

    RECOMMENDATION: A number of higher education and library organizations

    endorsed H.R. 107 and will actively work for passage of this legislation.

    These groups will also work in support of the Balance Act of 2003.

    Distance EducationAmong the benefits for distance education of the Technology, Education, and

    Copyright Harmonization Act (TEACH Act), which was enacted in the 107th

    Congress, are an expansion of the scope of materials that may be used in

    distance education; the ability to deliver content to students outside the class-room; the opportunity to retain archival copies of course materials on servers

    under certain circumstances; and the authority to convert some works from

    analog to digital formats. The TEACH Act conditions those benefits, however,

    on compliance with numerous restrictions and limitations. Among them are

    the need to adopt and disseminate copyright policies; implementation of

    technological restrictions on information resources and on access and copying;

    adherence to limits on the quantity of certain works that may be digitized and

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    included in distance education; and use of copyrighted materials in the context

    of mediated instructional activities akin in some respects to the conduct of a

    traditional course.

    The higher education and library communities have begun to develop materials

    to inform educators and librarians how to effectively comply with TEACHs

    provisions in order to benefit from the new exemptions. HEIT Alliance mem-

    bers participated in a workshop where experts with technical expertise in user

    authorization and authentication shared their perspectives about the techno-

    logical means currently available to nonprofit institutions making a good faith

    effort to comply with the TEACH Act. The workshop produced a paper that is

    intended to provide initial guidance on the technological requirements of

    TEACH, http://www.ala.org/washoff/teachdrm.pdf

    RECOMMENDATION: The higher education and library communities will

    continue to develop educational materials to explain the provisions of theTEACH Act and its impact on educational institutions and libraries.

    Database LegislationThe pressure to enact legislation that provides additional protection to data-

    bases continues. Staffs of the House Committee on Energy and Commerce and

    the Committee on the Judiciary continue to meet in an effort to fashion a

    compromise bill. The committee chairmen, Rep. Billy Tauzin (R-LA) and Rep.

    James Sensenbrenner (R-WI), announced that work on a database bill would

    be completed by April 15, 2003. The library and higher education community,

    the financial services industry, high-tech companies and related sectors support

    balanced, narrowly targeted legislation that would provide additional protec-

    tions to databases. Unlike the past several years, the Senate also is expected to

    engage in this debate.

    RECOMMENDATION: The library, education, high-tech, and financial services

    sectors will continue to work for balanced legislation in this arena. These

    communities will continue to work with staff and others in the database

    coalition to craft balanced legislation that reflects library and education

    interests.

    Digital Rights Management (DRM)There has been a great deal of activity on DRM with much more expectedduring this session of Congress. Three DRM bills were introduced in Congress

    in 2002, in addition to related activity on digital television at the Federal

    Communications Commission (FCC). Some, but not all of these measures, may

    be reintroduced this session. Highly controversial legislation that would require

    the digital content, consumer electronics, and information technology indus-

    tries to craft standards for all digital media devices in order to prevent piracy is

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    expected to be reintroduced. In addition, legislation relating to anti-counterfeit-

    ing may be reintroduced and, as amended in the 107th Congress, would stifle

    fair use, preservation, and interlibrary loan initiatives.

    RECOMMENDATION: The library and education communities will work with

    others in the public and private sectors on digital rights management legisla-

    tion to ensure that it is balanced in approach and does not result in new

    constraints on the ability of institutions to take full advantage of privileges

    and exemptions in the Copyright Act.

    Uniform Commercial Information Transactions Act (UCITA)UCITA is a proposed uniform state law that seeks to create a unified approach

    to licensing software and information. Sponsors of the proposed state law, the

    National Conference of Commissioners on Uniform State Law recently pro-

    posed and accepted a number of amendments to UCITA to address continuingconcerns. Despite these changes, significant opposition remains. An aggressive

    legislative campaign to adopt UCITA is expected in 2003. In February, however,

    the American Bar Association chose not to endorse UCITA.

    RECOMMENDATION: Proponents are likely to aggressively push the adoption

    of UCITA in multiple states this year. It will be important to continue to

    oppose or modify UCITA legislation as it is introduced in different states.

    Peer-to-Peer (P2P) File TradingP2P technology represents a natural evolution of the Internet and holds great

    promise. By enabling virtually anyone with an Internet connection to share

    files, P2P technology affords new opportunities for global communication,

    including academic collaboration among students and scholars. However, like

    most technologies, peer-to-peer can be put to both legitimate and illegitimate

    uses. The legitimate uses of peer-to-peer technology for academic collaboration

    are still evolving, but the misuse of P2P for the illicit distribution of music,

    video, and other copyrighted materials is already a cause for great concern.

    Universities regard uses of peer-to-peer technology that constitute copyright

    infringement as a serious matter, and universities have and will continue to

    meet their legal obligations to address abuses of copyright law. With respect to

    P2P technologies, the challenge is to find ways to reduce inappropriate use of

    P2P without constraining the development of P2P technologies for legitimateand valuable purposes, without chilling the free and open exchange of infor-

    mation in academic settings, and without invading student rights to privacy.

    A Joint Committee of the Higher Education and Entertainment Communities

    was formed recently to bring representatives from the two communities to-

    gether to examine ways to reduce the inappropriate use of P2P file-sharing

    technologies on college and university campuses, as well as to explore pros-

    pects for narrowing the two communities differences on existing and proposed

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    federal intellectual property legislation. Representatives from the American

    Council on Education, the Association of American Universities, EDUCAUSE

    and the National Association of State Universities and Land-Grant Colleges

    have joined with representatives from the Recording Industry Association ofAmerica and the Motion Picture Association of America.

    RECOMMENDATION: Colleges and universities should examine their policies

    governing copyright and use of campus computing networks, and the

    applicability of those policies to the use of P2P file-sharing technologies.

    Institutions should seek ways to reduce or eliminate the illegitimate use of

    P2P file sharing without interfering with legitimate activities or infringing on

    core academic values such as the open sharing of information and privacy

    protection. The Joint Committee will be developing suggestions for promot-

    ing these objectives through campus education activities and appropriate use

    of technology in the management of computer networks.

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    VII. PRIVACYPrepared by John Vaughn, AAU

    Maintaining the privacy of student, employee, and faculty records is an ex-

    tremely important issue for educational institutions and libraries. The impor-

    tance of safeguarding individual information and data can be at odds, however,

    with the rights of those who may request access to this information. Legal

    battles over these issues fill the courts as the nation struggles to find the appro-

    priate balance in individual cases of privacy and security. The USA PATRIOT

    ACT is just one of a number of different areas where privacy concerns are

    involved. Also relevant are efforts by copyright owners to identify Internet

    users allegedly engaging in infringing P2P file sharing.

    Educational institutions that provide medical care or sponsor employee group

    health plans should investigate their obligations under the Health Insurance

    Portability and Accountability Act (HIPAA) Privacy Rule, which took effect on

    April 14, 2003. The HIPAA Rule restricts how covered entities may use and

    disclose individually identifiable health information and requires security for

    such data. The rule also grants individuals certain rights to access and correct

    their personal health information.

    Educational institutions and libraries also must help shape the broader discus-sion and debate over public, commercial, and government access to informa-

    tion. The 108th Congress recently examined an initiative to create a Total

    Information Awareness database, designed to allow national security and law

    enforcement agencies to search data drawn from multiple sourcespotentially

    including universitiesfor homeland security threats. Also, legislation has re-

    emerged that would limit how educational institutions may use, and how they

    must safeguard, Social Security numbers. Lawmakers are also expected to

    address unsolicited commercial email, or spam, which frustrates consumers

    and clogs the systems of Internet service providers. Additionally, protections

    regarding collecting sensitive medical and financial information, employers

    monitoring online activities and email, and related activities are being consid-

    ered for legislation.

    The Center for Public Integrity recently released a copy of draft legislation,

    purportedly drafted by the Department of Justice, that would expand govern-

    ment surveillance powers. Known as The Domestic Security Enhancement Act

    of 2003 (or USA-PATRIOT Act II in the mainstream media), this legislation

    would relax the standards for using pen registers ( a device or process that

    records or decodes dialing, routing, addressing, or signaling information) to

    investigate U.S. citizens. The draft legislation would clarify that authorized

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    electronic surveillance may encompass any of a devices functions (for instance,

    a home computer used for e-mail and voice communications.) Any informa-

    tion seized from the device, whether or not related to the intercepted commu-

    nications, would be combined with the electronic surveillance order.

    RECOMMENDATION: Monitor and track legislation and related activities to

    ensure that higher education and library community interests and perspec-

    tives are included in the debate.

    RESOURCES:

    The 108th Congress is expected to be active on privacy issues. Late-breaking

    news, issue tracking and policy analysis can be found at the following sources.

    In addition, the Department of Health and Human Services provides extensive

    information about compliance with the HIPAA Privacy Rule at the site included

    below:

    GAOhttp://www.gao.gov

    Electronic Privacy Information Center

    http://www.epic.org

    Center for Democracy & Technology

    http://www.cdt.org

    Health and Human Services HIPAA Information

    http://www.hhs.gov/ocr/hipaa/

    http://www.publicintegrity.org/dtaweb/home.asp

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    VIII. SPECTRUM MANAGEMENT ANDWIRELESS INTERNET ACCESS

    Prepared by Garret Sern, EDUCAUSE

    The FCC and Congress are both looking at available spectrum as the panacea

    for solving the last mile broadband access challenges. The FCC has issued

    several calls for public comments, including responses to the FCC Spectrum

    Policy Task Force Report, Promoting Wireless in Rural Areas and Additional Spec-

    trum for Unlicensed Devices, and, most recently, its examination of the rules and

    polices governing the licensing of Instructional Television Fixed Service (ITFS),

    the Multipoint Distribution Service, and Multipoint Multichannel Distribution

    Service (known collectively as the services).

    This latest notice of proposed rulemaking is intended to promote competition,

    innovation, and investment in broadband wireless services and to promote

    education services. However, there is concern that some of the proposed rule

    changes would encourage license holders to lease their spectrum, rather than

    develop it.

    The Chairman of the Senate Commerce Committee Communications Subcom-

    mittee Chairman Sen. Conrad Burns (R-MT) has named spectrum reform a

    priority issue for this legislative session. The 108th Congress has already

    brought the introduction of the Jumpstart Broadband Act (H.R.340/363/S.159), which directs the FCC to allocate spectrum for unlicensed wireless

    devices. Sen. George Allen (R-VA) introduced the Digital and Wireless Net-

    working Promotion Act (S.196), directing the NSF to establish an office to

    promote research and development on wireless infrastructure solutions for

    rural America and underserved minority communities.

    RECOMMENDATIONS: Respond to FCC inquiries, encouraging the higher

    education and library communities to submit specific examples of how they are

    using the ITFS spectrum and the potential benefits for education and research if

    more spectrum is allocated and developed for this purpose. Carefully examine

    recent proposals for developing the 2500-2690 MHz bands to determine

    whether this is the right approach, or whether a better alternative exists.

    RESOURCES:

    FCC Wireless Telecommunications Bureau

    http://wireless.fcc.gov/

    FCC Spectrum Policy Task Force Report

    http://www.fcc.gov/sptf/

    Net@EDU Wireless Working Group

    http://www.educause.edu/netatedu/groups/wireless/

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    IX. NEW OPPORTUNITIESPrepared by Linda Kay Benning, NASULGC,

    and Richard Harpel, NASULGC

    Digital Opportunity Investment Trust (DOIT)The Digital Opportunity Investment Trust is an initiative that would create a

    trust fund from a portion of the proceeds of the auctions of the federal electro-

    magnetic spectrum. The trust would be available in perpetuity to support the

    type of transformation envisioned by the Millennium Partnership Initiative

    (MPI) sponsored by NASULGC. A bill (S. 2603), sponsored by Senators

    Christopher Dodd (D-CT) and James Jeffords (I-VT), was introduced in the

    107th Congress to create such a trust. While this bill was not enacted, it is likely

    to be reintroduced this year.

    RECOMMENDATION: Support passage of this bill in the coming session of

    Congress.

    Millennium Partnership InitiativeThe MPI is an initiative that seeks to establish, in partnership with states and

    the private sector, a long-term, multiagency program in the federal government

    that will enable colleges and universities to meet the IT needs of their students

    and faculty in the coming decades. It would provide resources for institutionsto transform the educational landscape through cutting-edge innovations in

    teaching and learning.

    NASULGC has briefed members of Congress, the Administration, and campus

    officials concerning this initiative and has received encouraging responses that

    have helped in the continued development of this concept. In addition, mem-

    bers of the private sector have also contributed to this effort through the

    Business-Higher Education Forum. This past year, efforts have focused on the

    development of a sound conceptual study that seeks to confirm the need for

    this program and on finding an appropriate authorizing mechanism to enact

    such an initiative into law. The Forum will release a report through its Learning

    and Technology working group, looking at how information technology istransforming teaching and learning. The focus of this report will be on the

    learning transformation that takes place through the integration of technology

    into the higher education experience. This report will likely contribute to the

    growing awareness of the need for a major federal initiative such as the MPI

    and will assist in the development of a framework for how such a program

    might enhance and transform the higher education experience.

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    RECOMMENDATION: Continue to pursue authorizing legislation for the MPI

    through the Higher Education Act reauthorization bill, as well as other

    legislation that might support a long-term, multiagency program.

    Public Television and Higher EducationSince April 2002, NASULGC, the American Association of Community Col-

    leges, the American Association of State Colleges and Universities, and the

    Association of Public Television Stations have met regularly to work to assist all

    of higher education to extend to every American the opportunity for formal

    education and access to the resources of the university through public televi-

    sion broadcast technology. The group will continue to focus on finding new

    resources and authorization language, particularly in the Higher Education Act

    and Corporation for Public Broadcasting reauthorization. Existing laws also will

    be examined to find ways to increase use of public TV.

    RECOMMENDATION: Focus on areas of mutual interest to enhance the part-

    nership between all of higher education and public television.

    RESOURCES:

    Wisconsin Public Television

    http://evolvinglinks.uwex.edu

    Association of Public Television Stations

    http://www.apts.org

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    X. FUNDING PRIORITIESPrepared by Christie Dawson, AASCU, and Sue Fratkin, EDUCAUSE

    U.S. DEPARTMENT OF COMMERCETechnology Opportunities Program (TOP)Part of Commerces National Telecommunications and Information Administra-

    tion (NTIA), TOP promotes expanding the availability and use of advanced

    telecommunications for public and nonprofit entities. TOP funds model pro-

    grams that demonstrate innovative uses of network technology and works to

    ensure that information about these projects is widely disseminated, especiallyto rural and underserved communities.

    Funding: FY 00: $15.5 million

    FY 01: $42.5 million

    FY 02: $12.4 million

    FY 03: $15.5 million

    FY 04: President eliminated funding.

    RECOMMENDATION: FY 04: Work with the Leadership Conference on Civil

    Rights to support continued funding for the TOP program.

    RESOURCES:National Telecommunications and Information Administration

    http://www.ntia.doc.gov/top/grants

    Leadership Conference on Civil Rights

    http://www.lccr.org

    Public Telecommunications Facilities Program (PTFP)Also part of the NTIA, this program funds efforts to bring educational and

    cultural programs to the American public using broadcasting and

    nonbroadcasting telecommunications technologies. Educational and instruc-

    tional projects are included in the nonbroadcasting technology segment of the

    program that supports new telecommunications facilities. This program has

    funded satellite networks to deliver instructional programming to new service

    areas, typically through higher education entities and often for advanced

    courses in math and a broad range of sciences.

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    Funding: FY 02: $45 million

    FY 03: $43.5 million

    FY 04: $2.5 million requested by Presidents budget for

    overhead for staff. Presidents budget also recom-mends CPB allot $100 million of its budget for

    digital transition ($80m for television and $20 m

    for satellite)

    RECOMMENDATION: $110 million for FY 04 from the Department of

    Commerce for the PTFP program. This amount is consistent with the

    American Public Television Stations request for FY 03.

    RESOURCE:

    NTIA

    http://www.ntia.doc.gov/ptfp/

    APTShttp:// www.apts.org

    U.S. DEPARTMENT OF EDUCATIONCommunity Technology CentersThis program, moved to Title V, Part D, Subpart 11 of the Elementary and

    Secondary Education Act (ESEA), authorizes institutions of higher education,

    state education agencies, local education agencies, nonprofits, and consortia to

    create or expand community technology centers to broaden access to informa-

    tion technology in distressed communities.

    Funding: FY 00: $32.5 million

    FY 01: $65 million

    FY 02: $32.5 million

    FY 03: $32.3

    FY 04: President eliminated funding.

    RECOMMENDATION: Restore to its FY 01 funding level of $65 million.

    Educational Technology State GrantsThe Enhancing Education Through Technology Act of 2001 was authorized as

    part of the ESEA amendments of 2001. This program is the umbrella $1 billionauthorization for the departments technology effort. The Secretary of Educa-

    tion distributes Educational Technology Grants to the states using a formula

    based on population and poverty levels. States keep 5 percent to assist local

    efforts and will award the remaining funds. Half these awards will be distrib-

    uted by formula to local education agencies (LEA), and the remaining half will

    be distributed by competitive grants to local agencies or partnerships. Twenty-

    five percent of the funds received by the LEA or partnership are to be used for

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    professional development activities. (Partnerships include a high-need LEA, an

    institution of higher education, and either a business or an organization.)

    Funding: FY 02: $700.5 millionFY 03: $696 million

    FY 04: $700.5 million

    RECOMMENDATION: Fund at its authorized level of $1 billion for FY 04.

    Preparing Tomorrows Teachers to Use Technology (PT 3)This program supports institutions of higher education to better prepare

    tomorrows teachers to incorporate technology into the classroom.

    Funding: FY 00: $75 million

    FY 01: $125 millionFY 02: $62 million; will fund current grants

    FY 03: $62 million

    FY 04: President eliminated funding

    RECOMMENDATION: Restore to its FY 01 funding level of $125 million.

    RESOURCE:

    Department of Education

    http://www.ed.gov/offices/OPE/PPI/teachtech/

    National Science Foundation (NSF)NSF houses several critical programs that promote information technology

    education, training, and research. It should be noted that at the time this

    document was printed, the NSF was still in the process of resolving final FY03

    omnibus spending levels with Congress for some of these programs.

    Advanced Technological Education (ATE)This program funds efforts to improve undergraduate and secondary techno-

    logical education. This is accomplished by supporting curriculum development;

    the preparation and professional development of college faculty and secondary

    school teachers; internships and field experiences for faculty, teachers, andstudents; and other activities.

    Funding: FY 01: $40 million

    FY 02: $39.11 million

    FY 03: Presidents budget request, $38.16 million.

    Congress awarded $42.88 million in the final

    omnibus spending bill

    FY04: Presidents budget request, $38.16 million

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    RECOMMENDATION:$50 million for FY 04

    RESOURCE:

    Directorate for Education and Human Resources (EHR)www.ehr.nsf.gov/HER/DUE/programs/ate/

    Course, Curriculum and Laboratory Improvement (CCLI)CCLI funds efforts to improve the quality of science, mathematics, engineering,

    and technology education for all students, targeting course content, curricula,

    and practices. There are three components of this program: educational materi-

    als development, national dissemination, and adaptation and implementation.

    Funding: FY 00: $46 million

    FY 01: $46 million

    FY 02: $56.4 millionFY 03: Presidents budget request, $55.53 million. The

    final omnibus spending bill did not specify a

    targeted amount so NSF is resolving this matter

    with Congress.

    FY 04: Presidents budget request, $40.63 million

    RECOMMENDATION: $65 million for FY 04

    RESOURCE:

    http://www.ehr.nsf.gov/due/programs/ccli/

    Federal Cyber Service: Scholarship for Service (SFS)This program seeks to increase the number of qualified students entering

    computer-security and information-assurance programs by providing funding

    to colleges and universities to award scholarships in these fields and by provid-

    ing support to schools interested in building programs in these fields.

    Funding: FY 03: Presidents budget request, $11.18 million. The

    final omnibus spending bill did not specify a

    targeted amount so NSF is resolving this matter

    with Congress

    FY 04: Presidents budget request, $16.18 million

    RESOURCE:

    http://www.ehr.nsf.gov/EHR/DUE/programs/sfs/

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    Noyce ScholarshipsThis program awards scholarships to encourage mathematics, science, and

    engineering students to become teachers. Colleges and universities will provide

    in-service and pre-service training and support for the program.

    Funding: FY 02: $5 million

    FY 03: Presidents budget request, $4 million. The final

    omnibus spending bill did not specify a targeted

    amount so NSF is resolving this matter with

    Congress.

    FY 04: Presidents budget request, $4 million.

    RECOMMENDATION: Fund at authorized level of $25 million.

    Math and Science Partnerships (MSP)FY 02 was the first year for the MSP Initiative, designed to provide funds for

    states and local education agencies to partner with colleges and universities,

    particularly departments of science, technology, engineering, and mathematics,

    to raise math and science standards. MSPs will fund two categories of partner-

    ship activity: comprehensive awards for five years, with possible funding of $7

    million annually; targeted awards for more specific science and math education

    initiatives, funded from $100,000 to $1.5 million per year, for up to five years.

    Funding: FY 02: $160 million

    FY 03: Presidents budget request, $200 million. The

    omnibus spending bill reduced this amount to

    $126.67 million

    FY 04: Presidents budget request, $200 million

    RECOMMENDATION: Support the Presidents FY04 budget request of $200

    million.

    RESOURCE:

    http://www.ehr.nsf.gov/mathandsciencepp.asp

    NSF Computer Science, Engineering, and Mathematics Scholarships

    (CSEMS)Provides funds to colleges and universities for scholarships to financiallydisadvantaged students in computer science, computer technology, and engi-

    neering. Funds can be used to improve education in these disciplines, increase

    student retention, improve professional development, and strengthen

    partnerships between schools and related employment areas.

    Funding: Funding for this program is based on income from fees paid by

    employers for skilled foreign workers H-1B visas.

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    RECOMMENDATION: Begin to identify revenue streams independent of H1B

    visa fees.

    RESOURCE:http://www.ehr.nsf.gov/EHR/DUE/programs/csems/default.asp

    Science, Technology, Engineering and Mathematics Talent ExpansionProgram (STEP)The STEP program provides grants to colleges and universities to increase the

    number of undergraduate math and science majors.

    Funding: FY 02: $5 million

    FY 03: Presidents budget request, $2 million. This was

    dramatically increased in the omnibus spending

    bill to $21.85 millionFY 04: Presidents budget request, $7 million

    NSF Middleware Initiative (NMI)The purpose of this program is to enable the members of the advanced network

    community (research universities, government agencies, and industrial units)

    to collaborate in assembling the known and needed pieces of middleware and

    cyberinfrastructure for NMI. Middleware refers to the software that is common

    to multiple applications and builds on the network transport services to enable

    ready development of new applications and network services. Examples of

    middleware include system security software, such as digital signatures and

    authentication programs.

    Funding: FY03: $7 million

    FY04: Presidents request $10 million

    Information Technology ResearchThis cross-functional program in NSF includes not only fundamental research

    in IT, but also new applications of IT in all scientific, engineering, and educa-

    tional areas, as well as innovative infrastructure to support IT research and

    education.

    Funding: FY03: $190.67 million

    FY04: Presidents request $302.61 million

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    Networking and Information Technology Research and Development(NITRD)The NITRD program involves programs in 12 agencies addressing a broad range

    of IT research questions through coordinated efforts in partnership with indus-trial and academic researchers. The NSF, through the Interagency Working

    Group, serves as the lead agency for the program component areas, which

    include high-end computing, human computer interaction & information

    management, large-scale networking, software design and productivity, high

    confidence software and systems, and social, economic, and workforce

    implications of IT.

    NITRD FY04 requested, total $2.179 billion

    Commerce $39 million

    Defense $461 million

    Energy $317 million

    EPA $2 millionHHS $441 million

    NASA $195 million

    NSF $724 million

    RESOURCE:

    National Coordination Office for Information Technology Research and

    Development

    http://[email protected]

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    NASULGCNational Association of State Universitiesand Land-Grant Colleges

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