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# Legislative Bulletin..........................................May 2, 2007

**Contents:**

> **H.R. 1867 ---** National Science Foundation Authorization Act of
> 2007

H.R. 1867 --- National Science Foundation Authorization Act of 2007
*(Baird, D-WA)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on May 2, 2007, likely subject to a modified open rule,
requiring that amendments be preprinted in the Congressional Record by
close of business on Tuesday, May 1, 2007.

**[Summary]{.underline}**: H.R. 1867 would authorize funding for the
National Science Foundation (NSF) over the FY 2008 to FY 2010 period.
The specific provisions of the bill are summarized below.

-   **Authorizes almost \$21 billion** over three years (FY08-FY10) for
    the National Science Foundation. The following table outlines
    authorizations in the bill for various initiatives and programs.

In millions

  ---------------------------------------------------------- ------------
  **Account**                                                **Cost**

  Research Activities                                        16,400

  *Major Research Instrumentation Program*                   *370*

  Education and Human Resources                              2,800

  *Math and Science Education Partnership*                   *302*

  *Robert Noyce Scholarship Program*                         *304*

  *STEM Talent Expansion Program*                            *159*

  *Advanced Technological Education*                         *166*

  Research Equipment and Facility Construction               787

  Operations and Award Management                            925

  Office of National Science Board                           12

  Office of the Inspector General                            38

  **Total Authorization (FY08- FY10)**                       **20,970**
  ---------------------------------------------------------- ------------

-   **Establishes the Major Research Instrumentation program**, which
    would award grants to institutions of higher education (IHE) for
    acquiring, operating and maintaining instruments and equipment. The
    minimum amount of an award under the program would be \$100,000, but
    not to exceed \$4 million, unless the total amount appropriated for
    the program in a fiscal year exceeds \$125 million, in which case,
    the maximum award could be \$6 million. IHEs would be required to
    provide at least 30 percent of the cost from private or non-federal
    sources, except in certain circumstances in which this cost-sharing
    requirement is waived.

-   Requires NSF to increase funding for the Research Experiences for
    Undergraduates program in proportion to the increase in the total
    amount appropriated to NSF for research and related activities in
    any year for which appropriations are authorized by this
    legislation.

-   Directs NSF to continue to carry out the Centers for Research on
    Learning and Education Improvement. Expands eligibility for centers
    under this program to include certain nonprofit organizations.

-   Directs the National Science Board to evaluate the role of NSF in
    supporting interdisciplinary research and the effectiveness of NSF's
    efforts in providing information to the scientific community about
    opportunities for funding of interdisciplinary research proposals.

-   Requires NSF to establish a new pilot program to award grants to
    individual to "assist them in improving research proposal that were
    previously submitted to NSF, but not selected for funding." Grants
    would be made to individual who have not previously received funding
    as the principal investigator of a research grant from NSE and have
    submitted a proposal to NSF that was rated very good or excellent
    under NSF's competitive merit review process. Directs the National
    Science Board to conduct a review of the program.

-   Requires NSF, in evaluating research proposals under their broader
    impacts criterion, to give special consideration to proposals that
    involve partnerships between academic researchers, industrial
    scientists, and engineers that address research areas that have been
    identified as having high importance for future national economic
    competitiveness, such as nanotechnology.

-   Directs NSF to submit to Congress, a report on the impact of the
    broader impacts grant criterion used by NSF. The report is to
    identify and access the criteria, provide a breakdown of the types
    of activities that grant recipients have proposed to carry out to
    meet the criterion, and describe what national goals (such as
    improving undergraduate STEM education) that the criterion are best
    suited to promote.

-   Directs NSF to require that all grant applications that include
    funding to support postdoctoral researchers, include a description
    of the mentoring activities that will be provided for these
    individuals.

-   Requires that each institution that applies for financial assistance
    from NSF for science and engineering research or education, describe
    in its grant proposal a plan to provide appropriate training and
    oversight in the responsible and ethical conduct of research to
    undergraduate and graduate students, and postdoctoral researchers
    participating in the project.

-   Directs NSF to ensure that all final project reports and citations
    of published research documents resulting from research funded
    through NSF, are made available to the public in a "timely manner"
    and in electronic form through the NSF website.

-   Requires NSF to annually evaluate all of NSF's grants are that
    scheduled to expire within one year and meet certain requirements.
    For grants that are identified to be successful meeting objectives,
    the NSF could **extend the duration of the grants for up to three
    additional years beyond their scheduled expiration without the
    requirement for a recompetition.**

-   Requires the National Science Board to evaluate the impact of its
    policy to eliminate cost sharing for research grants and cooperative
    agreements for existing programs that were developed around industry
    partnerships and historically required industry cost sharing (such
    as the Engineering Research Centers).

-   Requires NSF to submit to congress, a plan for the allocation of
    education and human resources funds authorized by this Act for the
    corresponding fiscal year, including any funds from within the
    research and related activities account used to support activities
    that have the primary purpose of improving education or broadening
    participation.

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-   Increases to three (up from one), the number of awards that may be
    given by NSF through the Alan T. Waterman Award program, which gives
    an award for research or advanced study in the mathematical,
    physical, medical, biological, engineering, behavioral, social, or
    other sciences. The award is a "suitable medal and a grant to
    support further research or study by the recipient."

-   Directs NSF to enter into an arrangement with the National Academy
    of Sciences for a report to congress, about barriers to increasing
    the number of underrepresented minorities in science, technology,
    engineering, and math fields, and to identify strategies for
    bringing more underrepresented minorities into the science,
    technology, engineering, and math workforce.

**[Possible Conservative Concerns]{.underline}: Some conservatives may
be concerned that H.R. 1867 would create five new federal programs, and
CBO estimates implementing the bill would authorize 21 billion over five
years. In addition, some conservatives may be concerned that these new
programs are highly duplicative of current federal efforts.** **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).**

**[Committee Action]{.underline}**: H.R. 1867 was introduced on April
17, 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
April 24, 2007.

**[Cost to Taxpayers]{.underline}**: According to CBO, enacting H.R.
1867 would authorize \$6.5 million in FY 2008, and \$21 billion over
five years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes. The bill creates five 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
110-114 , the "H.R. 1867 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."

**[Constitutional Authority]{.underline}**: The Science and Technology
Committee, in Committee Report 110-114 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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