America COMPETES Act and the FY2010 Budget
Released: 2010-09-16T00:00:00

Congress passed the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act ( P.L. 110-69 ), known as the America COMPETES Act, in August 2007. In response to concerns about U.S. competitiveness, the act provides for investments in science and engineering research and science, technology, engineering, and mathematics (STEM) education to foster U.S. competitiveness.

The purpose of this report is to provide information on the President's FY2010 budget request and the status of congressional budget and appropriation activities regarding that budget relative to the America COMPETES Act. For more general information on the America COMPETES Act, see CRS Report RL34328, America COMPETES Act: Programs, Funding, and Selected Issues , by [author name scrubbed], and for information on the FY2009 budget, see CRS Report RL34396, The America COMPETES Act and the FY2009 Budget , by [author name scrubbed].

Overview of the America COMPETES Act

The America COMPETES Act was a response to concerns about the potential erosion of U.S. industrial competitiveness and global technological leadership. Many believe that investments in science and engineering research, STEM education, and STEM workforce development can contribute to U.S. competitiveness. The act mainly addresses concerns about the adequacy of investment in these areas.

The America COMPETES Act authorizes an increase in federal science and engineering research funding and support for STEM education from kindergarten through the postdoctoral level. The act authorizes funding increases through FY2010 for the National Science Foundation (NSF), the National Institute of Standards and Technology (NIST) laboratories, and the Department of Energy Office of Science (DOE SC). The act also authorizes within DOE the establishment of the Advanced Research Projects Agency – Energy (ARPA-E) and Discovery Science and Engineering Innovation Institutes. In addition, the act authorizes new STEM education programs at DOE, the Department of Education (ED), and NSF, and increases the authorization levels for several existing NSF STEM education programs.

The America COMPETES Act is an authorization act. New programs authorized by the act will not be established unless funded through subsequent appropriations acts. Similarly, realization of the higher authorization levels of existing programs in the act depends on subsequent appropriations.

Overview of FY2008 and FY2009 Appropriations

The America COMPETES Act was passed after much of the FY2008 appropriations process had already taken place during the 110 th Congress. Although America COMPETES Act programs were not funded at their FY2008 authorized levels, the 110 th Congress did provide FY2008 appropriations to establish ED's Teachers for a Competitive Tomorrow program, and NIST's Technology Improvement Program (TIP), which replaced the agency's Advanced Technology Program.

The 111 th Congress provided funding in FY2009 for R&D and STEM education through the Omnibus Appropriations Act, 2009 ( P.L. 111-8 ) and the American Recovery and Reinvestment Act ( P.L. 111-5 ). Some America COMPETES Act programs were funded at authorized levels; others were not. The following activities were funded at or above authorized levels:

NIST's Scientific & Technical Research and Services (STRS) and Construction and Maintenance; DOE's Office of Science; and NSF's Research and Related Activities, Major Research Instrumentation, Major Research Equipment and Facilities Construction, Professional Science Master's program, Robert Noyce Teacher Scholarship program, and Graduate Research Fellowship program.

Other programs were funded either below authorized levels or not funded. The acts funded the establishment of DOE's ARPA-E and NSF's PSM program. Also, portions of the P-16 Alignment of Secondary School Graduation Requirements with the Demands of 21 st Century Postsecondary Endeavors and Support for P-16 Education Data Systems were funded through the ARRA.

The Obama Administration contends that the following America COMPETES Act programs correspond to existing DOE programs:

Summer Institutes (§5003) to the pre-existing DOE Academies Creating Teacher Scientists program (DOE ACTS); Early Career Awards for Science, Engineering, and Mathematics Researchers (§5006) to the pre-existing High Energy Physics Outstanding Junior Investigator, Nuclear Physics Outstanding Junior Investigator, Fusion Energy Sciences Plasma Physics Junior Faculty Development; Advanced Scientific Computing Research Early Career Principle Investigator; and the Office of Science Early Career Scientist and Engineer Award programs; Discovery Science and Engineering Innovation Institutes (§5008) to the pre-existing Bioenergy Research Centers, SciDAC Institutes, and the Energy Frontier Research Centers; and Protecting America's Competitive Edge (PACE) Graduate Fellowship Program (§5009) to the pre-existing Computer Science Graduate Fellowships; Graduate Research Environmental Fellowships; American Meteorological Society/Industry/Government Graduate Fellowships; Spallation Neutron Source Instrumentation Fellowships, and the Fusion Energy Sciences Graduate Fellowships.

The President's FY2010 Budget Request

This section provides an overview of President Obama's FY2010 budget request for research and STEM education activities as they relate to the America COMPETES Act. Table 1 (located at the end of this report) provides a program-specific comparison of the President's FY2010 budget request, America COMPETES Act authorization levels, and congressional actions.

Research

The President's FY2010 budget request stated that the President planned to double funding for the NSF, NIST laboratories, and DOE SC between 2006 and 2016 (see Figure 1 ). President Obama's proposed plan is consistent with President Bush's American Competitiveness Initiative (ACI) which also sought to double these agencies' budgets over 10 years. President Obama's plan proposes a slower doubling path than that laid out in the America COMPETES Act which placed these same agencies on a track to double their budgets over seven years.

President Obama's FY2010 request for NSF's Research and Related Activities (R&RA) was $5,733.2 million, $667.8 million below the authorized level of $6,401.0 million. Within the R&RA account, the President requested funding at the authorized level of $203.8 million for the NSF Faculty Early Career Development (CAREER) program. The President's FY2010 request also included $147.1 million for NSF's Experimental Program to Stimulate Competitive Research (EPSCoR), similar to its authorized level of $147.8 million. The request also included $19.4 million for R&RA's portion of NSF's Graduate Research Fellowship (GRF) program, above its authorized level of $11.1 million, though the Education and Human Resources (EHR) Directorate portion of GRF proposed funding of $102.6 million is below the authorized level of $119.0 million. No FY2010 funding was requested for NSF's Professional Science Master's (PSM) program, newly established in FY2009 through ARRA funding.

President Obama's FY2010 request for DOE SC was $4,941.7 million, below the authorization level of $5,814.0 million. In addition, the President requested $10.0 million in FY2010 for DOE's ARPA-E. Congress appropriated $415.0 million for ARPA-E in FY2009 ($15.0 million as part of the regular FY2009 appropriation and $400.0 million under the ARRA). The America COMPETES Act authorizes "such sums as are necessary" for ARPA-E in FY2010.

President Obama's FY2010 request for NIST STRS was $534.6 million, $50.2 million below the authorization level of $584.8 million. The President requested FY2010 funding of $69.9 million for the NIST TIP program, less than half the authorization level of $140.5 million. The FY2010 request for MEP was $124.7 million, $7.1 million below the authorization level of $131.8 million. The President's FY2010 request for the NIST construction and maintenance account was $116.9 million, more than double the authorization level of $49.7 million.

Science, Technology, Engineering, and Mathematics (STEM) Education

President Obama did not request funding in FY2010 to establish the new STEM education programs authorized in the America COMPETES Act. Although no new funding was requested for America COMPETES Act STEM education programs at ED, the President's request funded ED's Teachers for a Competitive Tomorrow program at its FY2009 enacted level of $2.2 million. The President requested funding for NSF's Advanced Technological Education (ATE) program at its authorized level of $64 million. The President's request for each of the other NSF STEM programs was below the America COMPETES Act FY2010 authorization levels. No funding was requested for the NSF Laboratory Science Pilot program which was authorized by the act "to improve laboratories and provide instrumentation as part of a comprehensive program to enhance the quality of science, technology, engineering, and mathematics instruction at the secondary school level." The President requested no funding for any of the DOE STEM education programs authorized under the America COMPETES Act.

However, as shown in Figure 2 , the President requested funding for other STEM education programs not part of the America COMPETES Act. For example, the President proposed a new DOE-NSF initiative called "REgaining our ENERGY Science and Engineering Edge" (RE-ENERGYSE) to encourage American students to pursue STEM careers, particularly in clean energy, requesting DOE funding of $115.0 million. As a point of comparison, the total FY2010 authorization level for all the DOE STEM education programs authorized in the America COMPETES Act was $117.5 million.

Also, although the appropriation levels requested by the President for these agencies were below that authorized in the America COMPETES Act for FY2010, some analysts noted that the total funds appropriated in FY2008 (regular and supplemental) and FY2009 (regular and ARRA) and requested for FY2010 by the President for NSF and the NIST laboratories and construction accounts exceed the aggregate funding authorized for these agencies/accounts during this period under the America COMPETES Act. For DOE SC, the appropriated/requested funding was slightly below the authorization level for this period. As shown in Figure 3 , the total authorization for NSF under the America COMPETES Act for FY2006-FY2008 was $22,058 million, while the total appropriated/requested was $22,665 million, $607 million above the aggregate authorized level. The total authorization for the NIST STRS and Construction accounts during this period was $1,916 million, while the funding appropriated/requested was $2,477 million, $561 million above the authorized level. For DOE SC, the total authorized for this period was $15,600 million, while the total appropriated/requested was $15,335 million, $265 million below the authorized level.

However, examining the FY2010 figures separately shows the President's FY2010 budget request for NSF to have been $1,087 million below the America COMPETES Act authorization level, and $872 million below the authorization level for DOE SC. The President's NIST STRS/Construction request for FY2010 was $17 million more than the FY2010 America COMPETES Act authorization level. If Congress chooses to remain on the seven-year doubling path for research initiated by the America COMPETES Act, large dollar and percentage increases would be required in FY2011 for NSF and DOE SC.

Congressional Actions

Following release of the President's FY2010 budget request, Congress passed a budget resolution that sets the budgetary spending amounts for each functional category of the budget. The budget resolution does not allocate funds among specific programs or accounts. Major program assumptions underlying the functional amounts, however, are often discussed in the reports accompanying the resolution. These program assumptions and budget functions are not binding, although congressional action has been taken.

Budget Resolution

In April 2009, the House and Senate agreed to the concurrent budget resolution ( S.Con.Res. 13 ), which stated, in part:

SEC. 603. SENSE OF THE CONGRESS ON PROMOTING AMERICAN INNOVATION AND ECONOMIC COMPETITIVENESS.

It is the sense of the Congress that—

(1) the Congress should provide sufficient investments to enable our Nation to continue to be the world leader in education ,innovation, and economic growth as envisioned in the goals of the America COMPETES Act;

(2) this resolution builds on significant funding provided in the American Recovery and Reinvestment Act for scientific research and education in Function 250 (General Science, Space and Technology), Function 270 (Energy), Function 300 (Natural Resources and Environment), Function 500 (Education, Training, Employment, and Social Services), and Function 550(Health);

(3) the Congress also should pursue policies designed to ensure that American students, teachers, businesses, and workers are prepared to continue leading the world in innovation, research, and technology well into the future; and

(4) this resolution recognizes the importance of the extension of investments and tax policies that promote research and development and encourage innovation and future technologies that will ensure American economic competitiveness.

Appropriations Status

In both the House and Senate, jurisdiction for funding the programs addressed by the America COMPETES Act is divided among multiple appropriations subcommittees. As a result, funding for these programs was contained in multiple FY2010 regular appropriations bills, adding to the complexity Congress faces in addressing these programs as part of a single initiative, as well as in tracking program funding. Table 1 summarizes the FY2010 appropriations status of the America COMPETES Act programs.

Appropriations for America COMPETES Act programs are included in three regular appropriations bills:

Commerce, Justice, Science, and Related Agencies (CJS), for NSF and NIST programs; Energy and Water Development (Energy-Water), for DOE programs; Labor, Health and Human Services, Education, and Related Agencies (Labor-HHS-Education), for ED programs.

Typically, the appropriations subcommittees in the House and Senate review the President's budget request and each provides recommendations to its respective Committee on Appropriations. The following sections summarize final FY2010 appropriations for America COMPETES Act programs.

Commerce, Justice, Science, and Related Agencies

The House approved the CJS Act ( H.R. 2847 ) on June 18, 2009. The Senate Committee on Appropriations CJS subcommittee made its report ( S.Rept. 111-34 ) providing funding recommendations to the full committee on June 24, 2009. The Senate Appropriations Committee reported the bill on June 25, 2009. Ultimately, regular appropriations for FY2010 for activities funded in the CJS Appropriations Act were included as Division B in the Consolidated Appropriations Act, 2010 ( P.L. 111-117 ), which was signed into law on December 16, 2009.

National Institute of Standards and Technology, U.S. Department of Commerce

Scientific and Technical Research Services. P.L. 111-117 includes $515.0 million for the NIST STRS account for FY2010, $43.0 million (9.1%) above the FY2009 regular appropriation ($472.0 million), below the President's request ($534.6 million), and below the America COMPETES Act FY2010 authorization level ($584.8 million).

Construction and Maintenance. Funding for the NIST Construction and Maintenance account for FY2010 is $147.0 million, above the President's request ($116.9 million) and the America COMPETES Act FY2010 authorization level ($49.7 million), but $25.0 million (14.5%) below the FY2009 regular appropriation ($172.0 million).

Technology Innovation Program. The NIST TIP program is funded at $69.9 million in FY2010, equal to the President's request, $4.9 million (7.5%) above the FY2009 regular appropriation ($65.0 million), but less than half the America COMPETES Act FY2010 authorization level ($140.5 million).

Manufacturing Extension Partnership . The NIST MEP program is funded at $124.7 million for FY2010, equal to the President's request, $14.7 million (13.4%) above the FY2009 regular appropriation ($110.0 million), but below the America COMPETES Act FY2010 authorization level ($131.8 million).

National Science Foundation

Research and Related Activities. FY2010 funding for the NSF R&RA account is $5,617.9, $115.3 million (2.0%) below the President's request ($5,733.2 million), $434.8 million (8.4%) above the FY2009 regular appropriation ($5,183.1 million), but $783.1 million (12.2%) below the America COMPETES Act FY2010 authorization level of $6,401.0 million.

Several America COMPETES Act programs included in the President's budget under the R&RA account were not included in P.L. 111-117 , including: Faculty Early Career Development, Research Experiences for Undergraduates, Integrative Graduate Education and Research Traineeship (R&RA portion), and Graduate Research Fellowship (R&RA portion) programs.

The President requested $100 million for the Major Research Instrumentation program for FY2010. Funding is not included in P.L. 111-117 for this program. The report accompanying the House passed version of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010 ( H.Rept. 111-149 ) stated that no funds were being provided for the Major Research Instrumentation program due to new solicitations in FY2009 totaling $400 million but expects to resume funding in FY2011; the Senate report stated that "The Committee expects the NSF to fully fund world-class scientific research facilities and instruments" commensurate with the increase in the number of research grants that it anticipates will result from increased FY2009 funding.

With respect to the Experimental Program to Stimulate Competitive Research (EPSCOR), funding is provided at the requested level of $147.1 million, approximately equal to the authorized level. The President did not request funds for the Professional Science Master's Degree Program, authorized at $15.0 million, and no funds are included in P.L. 111-117 ; S.Rept. 111-34 stated that "the Committee strongly encourages NSF to continue support" for the PSM program and "strongly recommends that NSF incorporate requests for funding in fiscal year 2011 budget and beyond."

Funding for the Graduate Research Fellowship program is not included in P.L. 111-117 . The House report stated that an additional $14.0 million was provided in the House bill above the President's request (for a total of $33.4 million) to enable NSF to select and support 2,000 new fellows in FY2010; neither the Senate bill nor its accompanying report referenced the program.

Education and Human Resources. P.L. 111-117 provides $872.8 million for the NSF EHR account, $72.5 million (3.3%) above the FY2009 regular appropriation ($845.3 million), $15.0 million (1.7%) above the President's request ($857.8 million), and $231.2 million (20.9%) less than the America COMPETES Act FY2010 authorization level of $1,104.0 million.

The America COMPETES Act provided appropriations authorizations for six EHR programs. While P.L. 111-117 only specifies the funding level for the Robert Noyce Teacher Scholarship Program, the conference report ( H.Rept. 111-366 ) indicates that the act fully funds the President's request (as well as providing $15 million for activities not covered by the America COMPETES Act) which was made at the following levels: Mathematics and Science Education Partnership, $58.2 million; Robert Noyce Teacher Scholarship Program, $55.0 million; Science, Mathematics, Engineering, and Technology Talent Expansion, $31.5 million; Advanced Technological Education, $64.0 million; Integrative Graduate Education and Research Traineeship, $29.9 million; and Graduate Research Fellowship, $102.6 million.

Major Research Equipment and Facilities Construction. P.L. 111-117 provides $117.3 million for the NSF MREFC account, equal to the President's request, $34.7 million (22.8%) below the FY2009 regular appropriation ($152.0 million), and less than half the level authorized under the America COMPETES Act ($280.0 million).

Agency Operation and Award Management. P.L. 111-117 provides $300 million for the NSF Agency Operation and Award Management account, $6.0 million (2.0%) above the FY2009 regular appropriation ($294.0 million), $18.4 million less than the President's request ($318.4 million), and $29.5 million less than authorized under the America COMPETES Act ($329.5 million).

National Science Board. P.L. 111-117 provides $4.5 million for the National Science Board, $0.5 million (12.5%) above the FY2009 regular appropriation ($4.0 million), and $0.2 million more than the President's request ($4.3 million) and the amount authorized under the America COMPETES Act ($4.3 million).

Inspector General . P.L. 111-117 provides $14.0 million for the NSF Inspector General, $2.0 million (16.7%) above the FY2009 regular appropriation ($12.0 million), equal to the President's request ($14.0 million), and $0.8 million (6.1%) above the level authorized in the America COMPETES Act ($13.2 million).

Energy and Water Development

P.L. 111-85 , the Energy and Water Development and Related Agencies Appropriations Act, 2010, was signed into law on October 28, 2009.

Department of Energy

Office of Science. P.L. 111-85 provides $4,903.7 million for the Office of Science, $146.1 million (3.1%) above the FY2009 regular appropriation ($4,757.6 million), $38.0 million (0.8%) less than the President's request ($4,941.7 million), and $910.3 million (15.7%) below the level authorized in the America COMPETES Act ($5,814.0 million).

Advanced Research Projects Agency – Energy (ARPA-E). P.L. 111-85 provides no funds for the Advanced Research Projects Agency – Energy in FY2010. The report accompanying the House-passed version of the bill ( H.Rept. 111-203 ) states that funding provided in the FY2009 regular appropriation ($15.0 million) and in the ARRA ($400.0 million) will allow ARPA-E to fund its first round of awards in FY2010, and adds: "The decision not to provide any additional funding for ARPA–E in fiscal year 2010 beyond the funding already provided does not in any way suggest a lack of commitment to this new program by the Committee." The President had requested $10.0 million for ARPA-E in FY2010.

Other Department of Energy Programs Authorized Under the America COMPETES Act. Twelve new DOE research and education programs authorized in the America COMPETES Act have not been funded in previous years, received no request for funding in the President's FY2010 budget, and are not included in P.L. 111-85 . They include: Pilot Program of Grants to Specialty Schools for Science and Mathematics; Experiential Based Learning Opportunities; Summer Institutes; National Energy Education Development; Nuclear Science Program Expansion Grants for Institutions of Higher Education; Nuclear Science Competitiveness Grants for Institutions of Higher Education; Hydrocarbon Systems Science Program Expansion Grants for Institutions of Higher Education; Hydrocarbon Systems Science Competitiveness Grants for Institutions of Higher Education; Early Career Awards for Science, Engineering, and Mathematics Researchers; Discovery Science and Engineering Innovation Institutes; Protecting America's Competitive Edge (PACE) Graduate Fellowship Program; and Distinguished Scientist Program. Total authorized FY2010 funding for these programs under the America COMPETES Act exceeds $200 million. White House officials have stated that several of these programs are similar to existing programs that receive support in the President's budget.

Labor, Health and Human Services, Education, and Related Agencies

The Labor-HHS Act ( H.R. 3293 ) was included as Division D of the Consolidated Appropriations Act, 2010 ( P.L. 111-117 ). P.L. 111-117 was signed into law on December 16, 2009.

Department of Education

Advanced Placement and International Baccalaureate Programs . P.L. 111-117 provides $45.8 million for the Advanced Placement and International Baccalaureate Programs, $2.3 million (5.3%) more than the President's FY2010 request. The America COMPETES Act authorizes "such sums as may be necessary."

Teachers for a Competitive Tomorrow . P.L. 111-117 provides $1.1 million for the Teachers for a Competitive Tomorrow: Baccalaureate Degrees and $1.1 million for the Teachers for a Competitive Tomorrow: Master's Degrees programs, both equal to the President's request and to their FY2009 funding level. The America COMPETES Act FY2010 authorization level for these programs is $151.2 million for the baccalaureate level and $125.0 million for the master's level.

Other Department of Education Programs Authorized Under the America COMPETES Act. P.L. 111-117 does not provide funding for five new Department of Education programs authorized in the America COMPETES Act: Math Now, Summer Term Education Programs, Math Skills for Secondary School Students, Advancing America Through Foreign Language Partnership Program, and Mathematics and Science Partnership Bonus Grants. These programs were not funded in previous years and received no request for funding in the President's FY2010 budget. Funding for a sixth program authorized under the America COMPETES Act, P-16 Alignment of Secondary School Graduation Requirements with the Demands of 21 st Century Postsecondary Endeavors and Support for P-16 Education Data Systems, is ambiguous. According to the Department of Education, this program is similar to a program established in 2005 focused on P-12 data systems, but which has since expanded to include P-16 education data systems per the intent of the America COMPETES Act. The America COMPETES Act authorizes $95 million in FY2010 for the Math Skills for Secondary School Students program and "such sums as may be necessary" for each of the other programs.

Issues for Congress

As Congress deliberates the FY2010 budget, an issue for Congress is what level, if any, will it appropriate funding for America COMPETES Act programs. Several new programs authorized in the act have never been funded. An issue for these programs is whether or not they will receive the funding necessary to establish them. The America COMPETES Act provides authorization levels only through FY2010.