[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1867 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1867

 To authorize appropriations for fiscal years 2008, 2009, and 2010 for 
        the National Science Foundation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2007

   Mr. Baird (for himself, Mr. Ehlers, Mr. Gordon of Tennessee, Ms. 
    Hooley, Mr. Bilbray, Mr. McNerney, and Mr. Hill) introduced the 
  following bill; which was referred to the Committee on Science and 
                               Technology

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal years 2008, 2009, and 2010 for 
        the National Science Foundation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Science Foundation 
Authorization Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the National Science 
        Board established under section 2 of the National Science 
        Foundation Act of 1950 (42 U.S.C. 1861).
            (2) Director.--The term ``Director'' means the Director of 
        the Foundation.
            (3) Elementary school.--The term ``elementary school'' has 
        the meaning given that term by section 9101(18) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(18)).
            (4) Foundation.--The term ``Foundation'' means the National 
        Science Foundation.
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (6) Secondary school.--The term ``secondary school'' has 
        the meaning given that term by section 9101(38) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(38)).

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2008.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $6,500,000,000 for fiscal year 2008.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $5,080,000,000 shall be made available for 
                research and related activities, of which $115,000,000 
                shall be made available for the Major Research 
                Instrumentation program;
                    (B) $873,000,000 shall be made available for 
                education and human resources, of which--
                            (i) $94,000,000 shall be for Mathematics 
                        and Science Education Partnerships established 
                        under section 9 of the National Science 
                        Foundation Authorization Act of 2002 (42 U.S.C. 
                        1862n);
                            (ii) $70,000,000 shall be for the Robert 
                        Noyce Scholarship Program established under 
                        section 10 of the National Science Foundation 
                        Authorization Act of 2002 (42 U.S.C. 1862n-1);
                            (iii) $44,000,000 shall be for the Science, 
                        Mathematics, Engineering, and Technology Talent 
                        Expansion Program established under section 
                        8(7) of the National Science Foundation 
                        Authorization Act of 2002 (Public Law 107-368); 
                        and
                            (iv) $51,620,000 shall be for the Advanced 
                        Technological Education program established by 
                        section 3(a) of the Scientific and Advanced-
                        Technology Act of 1992 (Public Law 102-476);
                    (C) $245,000,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $285,600,000 shall be made available for agency 
                operations and award management;
                    (E) $4,050,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $12,350,000 shall be made available for the 
                Office of Inspector General.
    (b) Fiscal Year 2009.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $6,980,000,000 for fiscal year 2009.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $5,457,400,000 shall be made available for 
                research and related activities, of which $123,100,000 
                shall be made available for the Major Research 
                Instrumentation program;
                    (B) $934,000,000 shall be made available for 
                education and human resources, of which--
                            (i) $100,600,000 shall be for Mathematics 
                        and Science Education Partnerships established 
                        under section 9 of the National Science 
                        Foundation Authorization Act of 2002 (42 U.S.C. 
                        1862n);
                            (ii) $101,000,000 shall be for the Robert 
                        Noyce Scholarship Program established under 
                        section 10 of the National Science Foundation 
                        Authorization Act of 2002 (42 U.S.C. 1862n-1);
                            (iii) $55,000,000 shall be for the Science, 
                        Mathematics, Engineering, and Technology Talent 
                        Expansion Program established under section 
                        8(7) of the National Science Foundation 
                        Authorization Act of 2002 (Public Law 107-368); 
                        and
                            (iv) $55,200,000 shall be for the Advanced 
                        Technological Education program as established 
                        by section 3(a) of the Scientific and Advanced-
                        Technology Act of 1992 (Public Law 102-476);
                    (C) $262,000,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $309,760,000 shall be made available for agency 
                operations and award management;
                    (E) $4,120,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $12,720,000 shall be made available for the 
                Office of Inspector General.
    (c) Fiscal Year 2010.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $7,493,000,000 for fiscal year 2010.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $5,863,200,000 shall be made available for 
                research and related activities, of which $131,700,000 
                shall be made available for the Major Research 
                Instrumentation program;
                    (B) $1,003,000,000 shall be made available for 
                education and human resources, of which--
                            (i) $107,600,000 shall be for Mathematics 
                        and Science Education Partnerships established 
                        under section 9 of the National Science 
                        Foundation Authorization Act of 2002 (42 U.S.C. 
                        1862n);
                            (ii) $133,000,000 shall be for the Robert 
                        Noyce Scholarship Program established under 
                        section 10 of the National Science Foundation 
                        Authorization Act of 2002 (42 U.S.C. 1862n-1);
                            (iii) $60,000,000 shall be for the Science, 
                        Mathematics, Engineering, and Technology Talent 
                        Expansion Program established under section 
                        8(7) of the National Science Foundation 
                        Authorization Act of 2002 (Public Law 107-368); 
                        and
                            (iv) $59,100,000 shall be for the Advanced 
                        Technological Education program as established 
                        by section 3(a) of the Scientific and Advanced-
                        Technology Act of 1992 (Public Law 102-476);
                    (C) $280,000,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $329,450,000 shall be made available for agency 
                operations and award management;
                    (E) $4,250,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $13,100,000 shall be made available for the 
                Office of Inspector General.
    (d) Major Research Instrumentation.--
            (1) Award amount.--The minimum amount of an award under the 
        Major Research Instrumentation program shall be $100,000. The 
        maximum amount of an award under the program shall be 
        $6,000,000, except--
                    (A) if the total amount appropriated for the 
                program for a fiscal year exceeds $125,000,000, in 
                which case the maximum amount of an award shall be 
                $8,000,000; or
                    (B) if the total amount appropriated for the 
                program for a fiscal year exceeds $200,000,000, in 
                which case the maximum amount of an award shall be 
                $12,000,000.
            (2) Use of funds.--In addition to the acquisition of 
        instrumentation and equipment, funds made available by awards 
        under the Major Research Instrumentation program may be used to 
        support the operations and maintenance of such instrumentation 
        and equipment.
            (3) Cost sharing.--
                    (A) In general.--An institution of higher education 
                receiving an award shall provide at least 30 percent of 
                the cost from private or non-Federal sources.
                    (B) Exceptions.--Institutions of higher education 
                that are not Ph.D.-granting institutions are exempt 
                from the cost sharing requirement in subparagraph (A), 
                and the Director may reduce or waive the cost sharing 
                requirement for institutions--
                            (i) which are not ranked among the top 100 
                        institutions receiving Federal research and 
                        development funding, as documented by the 
                        statistical data published by the Foundation; 
                        and
                            (ii) for which the proposed project will 
                        make a substantial improvement in the 
                        institution's capabilities to conduct leading 
                        edge research, to provide research experiences 
                        for undergraduate students using leading edge 
                        facilities, and to broaden the participation in 
                        science and engineering research by individuals 
                        identified in section 33 or 34 of the Science 
                        and Engineering Equal Opportunities Act (42 
                        U.S.C. 1885a or 1885b).
    (e) Undergraduate Education Programs.--The Director shall continue 
to carry out programs in support of undergraduate education, including 
those authorized in section 17 of the National Science Foundation 
Authorization Act of 2002 (42 U.S.C. 1862n-6). Funding for these 
programs shall increase in proportion to the increase in the total 
amount appropriated to the Foundation in any year for which 
appropriations are authorized by this Act.
    (f) Limit on Proposals.--
            (1) Policy.--For programs that require as part of the 
        selection process for awards the submission of preproposals and 
        that also limit the number of preproposals that may be 
        submitted by an institution, the Director shall allow the 
        subsequent submission of a full proposal based on each 
        preproposal that is determined to have merit following the 
        Foundation's merit review process.
            (2) Review and assessment of policies.--The Board shall 
        review and assess the effects on institutions of higher 
        education of the policies of the Foundation regarding the 
        imposition of limitations on the number of proposals that may 
        be submitted by a single institution for programs supported by 
        the Foundation. The Board shall determine whether current 
        policies are well justified and appropriate for the types of 
        programs that limit the number of proposal submissions. Not 
        later that 1 year after the date of enactment of this Act, the 
        Board shall summarize its findings and any recommendations 
        regarding changes to the current policy on the restriction of 
        proposal submissions in a report to the Committee on Science 
        and Technology of the House of Representatives and to the 
        Committee on Commerce, Science, and Transportation and the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate.

SEC. 4. CENTERS FOR RESEARCH ON LEARNING AND EDUCATION IMPROVEMENT.

    The Director shall continue to carry out the program of Centers for 
Research on Learning and Education Improvement as established in 
section 11 of the National Science Foundation Authorization Act of 2002 
(42 U.S.C. 1862n-2).

SEC. 5. INTERDISCIPLINARY RESEARCH.

    (a) In General.--The Board shall evaluate the role of the 
Foundation in supporting interdisciplinary research, including through 
the Major Research Instrumentation program, the effectiveness of the 
Foundation's efforts in providing information to the scientific 
community about opportunities for funding of interdisciplinary research 
proposals, and the process through which interdisciplinary proposals 
are selected for support. The Board shall also evaluate the 
effectiveness of the Foundation's efforts to engage undergraduate 
students in research experiences in interdisciplinary settings, 
including through the Research in Undergraduate Institutions program 
and the Research Experiences for Undergraduates program.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Board shall provide the results of its evaluation under 
subsection (a), including a recommendation for the proportion of the 
Foundation's research and related activities that should be allocated 
for interdisciplinary research, to the Committee on Science and 
Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation and the Committee on Health, 
Education, Labor, and Pensions of the Senate.

SEC. 6. PILOT PROGRAM OF GRANTS FOR NEW INVESTIGATORS.

    (a) In General.--The Director shall carry out a pilot program to 
award one-year grants to individuals to assist them in improving 
research proposals that were previously submitted to the Foundation but 
not selected for funding.
    (b) Use of Funds.--Grants awarded under this section shall be used 
to support the generation of new data and the performance of additional 
analysis to enable an individual to resubmit an updated research 
proposal for review by the Foundation through the agency's competitive 
merit review process.
    (c) Eligibility.--To be eligible to receive a grant under this 
section, an individual shall--
            (1) not have previously received funding as the principal 
        investigator of a research grant from the Foundation; and
            (2) have submitted a proposal to the Foundation, which may 
        include a proposal submitted to the Research in Undergraduate 
        Institutions program, that was rated very good or excellent 
        under the Foundation's competitive merit review process.
    (d) Selection Process.--The Director shall make awards under this 
section based on the advice of the program officers of the Foundation.
    (e) Program Administration.--The Director may carry out this 
section through the Small Grants for Exploratory Research program.
    (f) National Science Board Review.--The Board shall conduct a 
review and assessment of the pilot program under this section, 
including the number of new investigators funded, the distribution of 
awards by type of institution of higher education, and the success rate 
upon resubmittal of proposals by new investigators funded through this 
pilot program. Not later than 3 years after the date of enactment of 
this Act, the Board shall summarize its findings and any 
recommendations regarding changes to or the continuation of the pilot 
program in a report to the Committee on Science and Technology of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Health, Education, Labor, and 
Pensions of the Senate.

SEC. 7. BROADER IMPACTS MERIT REVIEW CRITERION.

    (a) In General.--In evaluating research proposals under the 
Foundation's broader impacts criterion, the Director shall give special 
consideration to proposals that involve partnerships between academic 
researchers and industrial scientists and engineers that address 
research areas that have been identified as having high importance for 
future national economic competitiveness, such as nanotechnology.
    (b) Partnerships With Industry.--The Director shall encourage 
research proposals from institutions of higher education that involve 
partnerships with businesses and organizations representing businesses 
in fields that have been identified as having high importance for 
future national economic competitiveness and that include input on the 
research agenda from and cost-sharing by the industry partners.
    (c) Report on Broader Impacts Criterion.--Not later than 1 year 
after the date of enactment of this Act, the Director shall transmit to 
Congress a report on the impact of the broader impacts grant criterion 
used by the Foundation. The report shall--
            (1) identify the criteria that each division and 
        directorate of the Foundation uses to evaluate the broader 
        impacts aspects of research proposals;
            (2) provide a breakdown of the types of activities by 
        division that awardees have proposed to carry out to meet the 
        broader impacts criterion;
            (3) provide any evaluations performed by the Foundation to 
        assess the degree to which the broader impacts aspects of 
        research proposals were carried out and how effective they have 
        been at meeting the goals described in the research proposals;
            (4) describe what national goals, such as improving 
        undergraduate science, mathematics, and engineering education, 
        improving K-12 science and mathematics education, promoting 
        university-industry collaboration and technology transfer, and 
        broadening participation of underrepresented groups, the 
        broader impacts criterion is best suited to promote; and
            (5) describe what steps the Foundation is taking and should 
        take to use the broader impacts criterion to improve 
        undergraduate science, mathematics, and engineering education.

SEC. 8. POSTDOCTORAL RESEARCH FELLOWS.

    (a) Mentoring.--The Director shall require that all grant 
applications that include funding to support postdoctoral researchers 
include a description of the mentoring activities that will be provided 
for such individuals, and shall ensure that this part of the 
application is evaluated under the Foundation's broader impacts merit 
review criterion. Mentoring activities may include career counseling, 
training in preparing grant applications, guidance on ways to improve 
teaching skills, and training in research ethics.
    (b) Reports.--The Director shall require that annual reports and 
the final report for research grants that include funding to support 
postdoctoral researchers include a description of the mentoring 
activities provided to such researchers.

SEC. 9. RESPONSIBLE CONDUCT OF RESEARCH.

    The Director shall require that each institution that applies for 
financial assistance from the Foundation 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 students, graduate students, and 
postdoctoral researchers participating in the proposed research 
project.

SEC. 10. REPORTING OF RESEARCH RESULTS.

    The Director shall ensure that all final project reports and 
citations of published research documents resulting from research 
funded, in whole or in part, by the Foundation, are made available to 
the public in a timely manner and in electronic form through the 
Foundation's Web site.

SEC. 11. SHARING RESEARCH RESULTS.

    An investigator supported under a Foundation award, whom the 
Director determines has failed to comply with the provisions of section 
734 of the Foundation Grant Policy Manual, shall be ineligible for a 
future award under any Foundation supported program or activity. The 
Director may restore the eligibility of such an investigator on the 
basis of the investigator's subsequent compliance with the provisions 
of section 734 of the Foundation Grant Policy Manual and with such 
other terms and conditions as the Director may impose.

SEC. 12. FUNDING FOR SUCCESSFUL STEM EDUCATION PROGRAMS.

    (a) Evaluation of Programs.--The Director shall, on an annual 
basis, evaluate all of the Foundation's grants that are scheduled to 
expire within one year and--
            (1) that have the primary purpose of meeting the objectives 
        of the Science and Engineering Equal Opportunity Act (42 U.S.C. 
        1885 et seq.); or
            (2) that have the primary purpose of providing teacher 
        professional development.
    (b) Continuation of Funding.--For grants that are identified under 
subsection (a) and that are deemed by the Director to be successful in 
meeting the objectives of the initial grant solicitation, the Director 
may extend the duration of those grants for up to 3 additional years 
beyond their scheduled expiration without the requirement for a 
recompetition. The Director may extend such grants for an additional 3 
years following a second review within 1 year before the extended 
completion date, in accordance with subsection (a), and the 
determination by the Director that the objectives of the grant are 
being achieved.
    (c) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Director shall submit a report to the 
Committee on Science and Technology of the House of Representatives and 
to the Committee on Commerce, Science, and Transportation and the 
Committee on Health, Education, Labor, and Pensions of the Senate 
that--
            (1) lists the grants which have been extended in duration 
        by the authority provided under this section; and
            (2) provides any recommendations the Director may have 
        regarding the extension of the authority provided under this 
        section to programs other than those specified in subsection 
        (a).

SEC. 13. COST SHARING.

    (a) In General.--The Board shall 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 and Industry/University Cooperative 
Research Centers. The Board shall also consider the impact that the 
cost sharing policy has on initiating new programs for which industry 
interest and participation are sought.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Board shall report to the Committee on Science and 
Technology and the Committee on Appropriations of the House of 
Representatives, and the Committee on Commerce, Science, and 
Transportation, the Committee on Health, Education, Labor, and 
Pensions, and the Committee on Appropriations of the Senate, on the 
results of the evaluation under subsection (a).

SEC. 14. DONATIONS.

    Section 11(f) of the National Science Foundation Act of 1950 (42 
U.S.C. 1870(f)) is amended by inserting at the end before the semicolon 
``, except that funds may be donated for specific prize competitions''.

SEC. 15. ADDITIONAL REPORTS.

    (a) Report on Funding for Major Facilities.--
            (1) Preconstruction funding.--The Board shall evaluate the 
        appropriateness of the requirement that funding for detailed 
        design work and other preconstruction activities for major 
        research equipment and facilities come exclusively from the 
        sponsoring research division rather than being available, at 
        least in part, from the Major Research Equipment and Facilities 
        Construction account.
            (2) Maintenance and operation costs.--The Board shall 
        evaluate the appropriateness of the Foundation's policies for 
        allocation of costs for, and oversight of, maintenance and 
        operation of major research equipment and facilities.
            (3) Report.--Not later than 6 months after the date of 
        enactment of this Act, the Board shall report on the results of 
        the evaluations under paragraphs (1) and (2) and on any 
        recommendations for modifying the current policies related to 
        allocation of funding for major research equipment and 
        facilities to the Committee on Science and Technology and the 
        Committee on Appropriations of the House of Representatives, 
        and to the Committee on Commerce, Science, and Transportation, 
        the Committee on Health, Education, Labor, and Pensions, and 
        the Committee on Appropriations of the Senate.
    (b) Inclusion of Polar Facilities Upgrades in Major Research 
Equipment and Facilities Construction Plan.--Section 201(a)(2)(D) of 
the National Science Foundation Authorization Act of 1998 (42 U.S.C. 
1862l(a)(2)(D)) is amended by inserting ``and for major upgrades of 
facilities in support of Antarctic research programs'' after 
``facilities construction account''.
    (c) Report on Education Programs Within the Research 
Directorates.--Not later than 6 months after the date of enactment of 
this Act, the Director shall transmit to the Committee on Science and 
Technology of the House of Representative and the Committee on 
Commerce, Science, and Transportation and the Committee on Health, 
Education, Labor, and Pensions of the Senate a report cataloging all 
elementary and secondary school, informal, and undergraduate 
educational programs and activities supported through appropriations 
for Research and Related Activities. The report shall display the 
programs and activities by directorate, along with estimated funding 
levels for the fiscal years 2006, 2007, and 2008, and shall provide a 
description of the goals of each program and activity. The report shall 
also describe how the programs and activities relate to or are 
coordinated with the programs supported by the Education and Human 
Resources Directorate.
    (d) Report on Research in Undergraduate Institutions Program.--The 
Director shall transmit to Congress along with the fiscal year 2011 
budget request a report listing the funding success rates and 
distribution of awards for the Research in Undergraduate Institutions 
program, by type of institution based on the highest academic degree 
conferred by the institution, for fiscal years 2008, 2009, and 2010.

SEC. 16. ADMINISTRATIVE AMENDMENTS.

    (a) Triannual Audit of the Office of the National Science Board.--
Section 15(a) of the National Science Foundation Authorization Act of 
2002 (42 U.S.C. 4862n-5) is amended--
            (1) in paragraph (3), by striking ``an annual audit'' and 
        inserting ``an audit every three years'';
            (2) in paragraph (4), by striking ``each year'' and 
        inserting ``every third year''; and
            (3) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Materials relating to closed portions of meetings.--
        To facilitate the audit required under paragraph (3) of this 
        subsection, the Office of the National Science Board shall 
        maintain the General Counsel's certificate, the presiding 
        officer's statement, and a transcript or recording of any 
        closed meeting, for at least 3 years after such meeting.''.
    (b) Limited Term Personnel for the National Science Board.--
Subsection (g) of section 4 of the National Science Foundation Act of 
1950 (42 U.S.C. 1863(g)) is amended to read as follows:
    ``(g) The Board may, with the concurrence of a majority of its 
members, permit the appointment of a staff consisting of not more than 
5 professional staff members, technical and professional personnel on 
leave of absence from academic, industrial, or research institutions 
for a limited term and such operations and support staff members as may 
be necessary. Such staff shall be appointed by the Chairman and 
assigned at the direction of the Board. The professional members and 
limited term technical and professional personnel of such staff may be 
appointed without regard to the provisions of title 5, United States 
Code, governing appointments in the competitive service, and the 
provisions of chapter 51 of such title relating to classification, and 
shall be compensated at a rate not exceeding the maximum rate payable 
under section 5376 of such title, as may be necessary to provide for 
the performance of such duties as may be prescribed by the Board in 
connection with the exercise of its powers and functions under this 
Act. Section 14(a)(3) shall apply to each limited term appointment of 
technical and professional personnel under this subsection. Each 
appointment under this subsection shall be subject to the same security 
requirements as those required for personnel of the Foundation 
appointed under section 14(a).''.

SEC. 17. NATIONAL SCIENCE BOARD REPORTS.

    Paragraphs (1) and (2) of section 4(j) of the National Science 
Foundation Act of 1950 (42 U.S.C. 1863(j)(1) and (2)) are each amended 
by striking ``, for submission to'' and inserting ``and''.
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