S.Amdt. 1544

1. Adds SEC. 2528. REVIEW PANELS after section 2527 of title V of division B

   Adds a section

   Inserted: SEC. 2528. REVIEW PANELS.

   Inserted: (a) Inclusion on Review Panels.--Notwithstanding any other provision of law, each review panel for a specific Federal research grant shall include--

   Inserted: (1) at least one individual who is not professionally affiliated with any academic or research institution, has not been professionally affiliated in the 10 years preceding the date of inclusion on the panel, and is an expert in a field unrelated to the field of research under which the grant proposal was submitted; and

   Inserted: (2) at least one individual who shall serve primarily as a "taxpayer advocate" (defined as someone whose main focus is on the value proposed research delivers to the taxpayer).

   Inserted: (b) Prohibition on Receiving Recommendations From Grant Applicants on Review Panel.--Notwithstanding any other provision of law, each agency that awards a Federal research grant shall not accept recommendations from an applicant for such grant as to who should or should not be on the grant review panel for such applicant.

   Inserted: SEC. 2529. SPECIAL INSPECTOR GENERAL AND TAXPAYER ADVOCATE FOR RESEARCH.

   Inserted: (a) Establishment.--

   Inserted: (1) In general.--There is established an Office of the Special Inspector General and Taxpayer Advocate for Research.

   Inserted: (2) Head of office.--There shall be at the head of the Office described in paragraph (1) the Special Inspector General and Taxpayer Advocate for Research, who shall be appointed by the President, by and with the advice and consent of the Senate.

   Inserted: (b) Transfer of Functions and Savings.--

   Inserted: (1) Definitions.--In this subsection, unless otherwise provided or indicated by the context--

   Inserted: (A) the term "Federal agency" has the meaning given to the term "agency" by section 551(1) of title 5, United States Code;

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   Inserted: (B) the term "function" means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and

   Inserted: (C) the term "office" includes any office, administration, agency, institute, unit, organizational entity, or component thereof.

   Inserted: (2) Transfer.--There are transferred to the Office of the Special Inspector General and Taxpayer Advocate for Research all functions which the Office of Inspector General of the National Science Foundation exercised before the date of enactment of this division (including all related functions of any officer or employee of the Office of Inspector General of the National Science Foundation).

   Inserted: (3) Rules.--The Office of the Special Inspector General and Taxpayer Advocate for Research is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Office of the Special Inspector General and Taxpayer Advocate for Research determines necessary or appropriate to administer and manage the functions of the Office of the Special Inspector General and Taxpayer Advocate for Research.

   Inserted: (4) Transfer and allocations of appropriations and personnel.--Except as otherwise provided in this subsection, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this subsection, subject to section 1531 of title 31, United States Code, shall be transferred to the Office of the Special Inspector General and Taxpayer Advocate for Research. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated.

   Inserted: (5) Savings provisions.--

   Inserted: (A) Continuing effect of legal documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions--

   Inserted: (i) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this subsection; and

   Inserted: (ii) which are in effect at the time this subsection takes effect, or were final before the effective date of this subsection and are to become effective on or after the effective date of this subsection, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Office of the Special Inspector General and Taxpayer Advocate for Research or other authorized official, a court of competent jurisdiction, or by operation of law.

   Inserted: (B) Proceedings not affected.--The provisions of this subsection shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Office of Inspector General of the National Science Foundation at the time this subsection takes effect, with respect to functions transferred by this subsection but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subsection had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subparagraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subsection had not been enacted.

   Inserted: (C) Suits not affected.--The provisions of this subsection shall not affect suits commenced before the effective date of this subsection, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subsection had not been enacted.

   Inserted: (D) Nonabatement of actions.--No suit, action, or other proceeding commenced by or against the Office of Inspector General of the National Science Foundation, or by or against any individual in the official capacity of such individual as an officer of the Office of Inspector General of the National Science Foundation, shall abate by reason of the enactment of this subsection.

   Inserted: (E) Administrative actions relating to promulgation of regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Office of Inspector General of the National Science Foundation relating to a function transferred under this subsection may be continued by the Office of the Special Inspector General and Taxpayer Advocate for Research with the same effect as if this subsection had not been enacted.

   Inserted: (c) Powers and Authorities.--

   Inserted: (1) Duties.--In addition to the duties otherwise described in this section, the Special Inspector General and Taxpayer Advocate for Research shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978 (5 U.S.C. App.).

   Inserted: (2) Authorities.--In carrying out the duties described in paragraph (1) and otherwise described in this section, the Special Inspector General and Taxpayer Advocate for Research shall have the authorities provided in section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).

   Inserted: (d) Focus and Review.--The focus of the Office of the Special Inspector General and Taxpayer Advocate for Research shall be to review Federal grant projects to determine if the research will deliver value to the taxpayers by randomly selecting Federal grants for review after awards are made but prior to distribution of funds.

   Inserted: (e) Grant Support.--For a Federal grant reviewed under subsection (d) to receive the grant funds, the grant shall receive the support of the Office of the Special Inspector General and Taxpayer Advocate for Research.

   Original wording

   After section 2527 of title V of division B insert the following:

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As printed