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# Legislative Bulletin..........................................April 20, 2007

**Contents:**

> **H.R. 363 ---** Sowing the Seeds Through Science and Engineering
> Research Act

H.R. 363 --- Sowing the Seeds Through Science and Engineering Research
Act *(Gordon, D-TN)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Friday, April 20, 2007, subject to a structured rule
(H.Res. 318), waiving all points of order against the bill except those
regarding PAYGO and earmarks, providing for one motion to recommit with
instructions, makes three amendments in order (summarized below), and
allows the Chair to postpone consideration of the legislation at any
time during its consideration.

**[Summary]{.underline}**: H.R. 363 would create several new federal
programs to provide funding for basic science and engineering research.
The specific provisions of the bill are summarized below.

-   Requires the National Science Foundation (NSF) to **create a new
    grant program** to provide funding to scientists and engineers "at
    the early stage of their careers at institutions of higher
    education" and other nonprofit entities to conduct research in
    fields relevant to the mission of the NSF. According to the bill,
    "the existing Faculty Early Career Development program may be
    designated as the mechanism for awarding such grants." These
    five-year, competitive grants would be at least \$80,000
    annually---at least \$400,000 over five years. Recipients of the
    awards should be employed in a tenure-track position as an assistant
    professor or an equivalent title. Authorizes for each of FY 2008
    through FY 2012, at least 3.5 percent of funds appropriated to the
    NSF for research and related for this new program.

-   Requires the Department of Energy (DoE) to **create a new federal
    grant program** that would provide assistance to the same
    individuals as provided for in the NSF program. These grants would
    also be at least \$80,000 annually---at least \$400,000 over five
    years. H.R. 363 would authorize \$125 million over five years for
    this new program.

-   Requires the Office of Science at DoE to report to Congress on
    efforts to recruit and retain early career science and engineering
    researchers at DoE national laboratories.

-   Requires NSF to allocate, for FY 2008 through FY 2012, at least 1.5
    percent of funds appropriated for research and related activities,
    to the Integrative Graduate Education and Research Traineeship
    program.

-   Requires the President of the United States to "periodically"
    present a Presidential Innovation Award to individuals who develop
    one or more unique scientific or engineering ideas in the national
    interest at the time the innovation occurs. Recipients must be
    either a U.S. citizen or an alien lawfully admitted to the U.S. for
    permanent residence who has met certain requirements.

-   Requires the Office of Science and Technology Policy to create a
    National Coordination Office for Research infrastructure, and
    outlines the duties of the new office.

-   Requires the National Institute of Standards and Technology (NIST)
    to submit a report to Congress on efforts to recruit and retain
    young scientists and engineers at NIST laboratories.

-   Expresses the following sense of Congress regarding NASA funding
    levels purpose:

    -   "a balanced science program as authorized by section 101(d) of
        the National Aeronautics and Space Administration Authorization
        Act of 2005 (Public Law 109-155) contributes significantly to
        innovation in and the economic competitiveness of the United
        States; and

    -   "a robust National Aeronautics and Space Administration, funded
        at the levels authorized under sections 202 and 203 of that Act,
        would offer a balance among science, aeronautics, exploration,
        and human space flight programs, all of which can attract and
        employ scientists, engineers, and technicians across a broad
        range of fields in science, technology, mathematics, and
        engineering."

> The NASA authorized funding levels mentioned above are as follows:
>
> FY 2007- \$17.9 billion; and
>
> FY 2008- \$18.7 billion.
>
> However, NASA's request for FY 2007 was \$16.8 billion.

**[Possible Conservative Concerns]{.underline}: Some conservatives may
be concerned that H.R. 363 would create three new federal programs, and
CBO estimates implementing the bill would authorize \$1.25 billion over
five years.**

**[Committee Action]{.underline}**: H.R. 363 was introduced on January
10, 2007, and referred to the House Committee on Science and Technology,
which held a mark-up and reported the bill by voice vote, as amended, on
March 8, 2007.

**[Cost to Taxpayers]{.underline}**: According to CBO, enacting H.R. 363
would authorize \$1.25 billion over five years. Although the bill
suggests that two of the three new programs should be funded through
existing appropriations to the agencies, CBO explains their assumption
that NSF and DoE will use all current funding to fund existing programs,
and that creating a new function (program) for the agencies will result
in an increase in funding to pay for the new programs.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes. The bill creates three new programs.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Earmark Compliance]{.underline}**: According to Committee Report
[110-39](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr039)),
the "H.R. 363 does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or
9(t) of rule XXI."

**[Administrative Position]{.underline}**: According to the Statement of
Administrative Policy (SAP), the Administration supports passage of H.R.
363 with certain suggested changes including eliminating funding
allocation floors for the new programs, striking the provisions creating
the National Coordination Office for Research Infrastructure, and
removing the minimum award level for individual grants. The SAP states
that, "the provision establishing a National Coordination Office for
Research Infrastructure within the Executive Office of President is
unnecessary and redundant with the statutory mission of the Office of
Science and Technology Policy (OSTP)."

**[Amendments Made in Order by the Rule]{.underline}**:

**[Hall (R-TX)]{.underline}**. Inserts into the authorization of funds
for the National Science Foundation for Research and Related Activities
for a new program, that funding should be appropriated "to the extent
that a sufficient number of meritorious grant applications have not been
received for a fiscal year." (Debatable for 20 minutes)

***[Tauscher (D-CA)]{.underline}**.* Inserts into the requirements for
awarding grant in the new NSF research grant program, that in awarding
grants under this new program, the Director is to "give special
consideration to eligible early-career researchers who have followed
alternative career paths such as working part-time or in nonacademic
settings, or who have taken a significant career break or other leave of
absence." In addition, the amendment would insert the following as a new
purpose for the Presidential Innovation Award established in the
underlying bill, to "show the potential of such innovation to
substantively enhance the economic competitiveness of the United States
through development of commercializable intellectual property."

***[Gillibrand (D-NY)]{.underline}***. **Creates a new program** at NSF,
the Undergraduate Scholarships for Science, Technology, Engineering, and
Mathematics (US-STEM) program, for awarding scholarships to
undergraduate scholars in science, technology, engineering, and
mathematics. **The amendment would authorize \$280.9 million over five
years for this new program. Some conservatives may be concerned that
this new program would be duplicative of 207 current federal education
STEM programs.** An October 2005 Government Accountability Office (GAO)
study reported that in FY04, 13 federal agencies reported **[spending
roughly \$2.8 billion on 207 different education programs]{.underline}**
directly related to science, technology, engineering and mathematics
(STEM).

**[Constitutional Authority]{.underline}**: The Science and Technology
Committee, in Committee Report 110-39 cites constitutional authority in
Article I, Section 8, but fails to cite a specific clause.

House Rule XIII, Section 3(d)(1), requires that all committee reports
contain "a statement citing the *specific* powers granted to Congress in
the Constitution to enact the law proposed by the bill or joint
resolution" *(emphasis added).*

**[RSC Staff Contact:]{.underline}** Joelle Cannon;
<joelle.cannon@mail.house.gov>, 202.226.0718.

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