II
Calendar No. 138
110th CONGRESS
1st Session
H. R. 1867
IN THE SENATE OF THE UNITED STATES
May 7, 2007
Received; read twice and placed on the calendar
AN ACT
To authorize appropriations for fiscal years 2008, 2009, and 2010 for the National Science Foundation, and for other purposes.
Short title
This Act may be cited as the
National Science Foundation
Authorization Act of 2007
.
Definitions
In this Act:
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).
Director
The
term Director
means the Director of the Foundation.
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)).
Foundation
The
term Foundation
means the National Science Foundation.
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)).
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)).
Authorization of appropriations
Fiscal year 2008
In general
There are authorized to be appropriated to the Foundation $6,500,000,000 for fiscal year 2008.
Specific allocations
Of the amount authorized under paragraph (1)—
$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;
$873,000,000 shall be made available for education and human resources, of which—
$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);
$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);
$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
$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);
$245,000,000 shall be made available for major research equipment and facilities construction;
$285,600,000 shall be made available for agency operations and award management;
$4,050,000 shall be made available for the Office of the National Science Board; and
$12,350,000 shall be made available for the Office of Inspector General.
Fiscal year 2009
In general
There are authorized to be appropriated to the Foundation $6,980,000,000 for fiscal year 2009.
Specific allocations
Of the amount authorized under paragraph (1)—
$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;
$934,000,000 shall be made available for education and human resources, of which—
$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);
$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);
$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
$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);
$262,000,000 shall be made available for major research equipment and facilities construction;
$309,760,000 shall be made available for agency operations and award management;
$4,120,000 shall be made available for the Office of the National Science Board; and
$12,720,000 shall be made available for the Office of Inspector General.
Fiscal year 2010
In general
There are authorized to be appropriated to the Foundation $7,493,000,000 for fiscal year 2010.
Specific allocations
Of the amount authorized under paragraph (1)—
$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;
$1,003,000,000 shall be made available for education and human resources, of which—
$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);
$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);
$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
$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);
$280,000,000 shall be made available for major research equipment and facilities construction;
$329,450,000 shall be made available for agency operations and award management;
$4,250,000 shall be made available for the Office of the National Science Board; and
$13,100,000 shall be made available for the Office of Inspector General.
Major research instrumentation
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 $4,000,000, except 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 $6,000,000.
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.
Cost sharing
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.
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—
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
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); and
consortia of institutions of higher education that include at least one institution that is not a Ph.D-granting institution.
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.
Limit on proposals
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.
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.
Research experiences for undergraduates
The Director shall increase funding for the Research Experiences for Undergraduates program in proportion to the increase in the total amount appropriated to the Foundation for research and related activities in any year for which appropriations are authorized by this Act.
Global Warming Education
Informal Education
As part of Informal Science Education activities, the Director shall support activities to create informal educational materials, exhibits, and multimedia presentations relevant to global warming, climate science, and greenhouse gas reduction strategies.
K–12 Instructional Materials
As part of Discovery Research K–12 activities, the Director shall support the development of K–12 educational materials relevant to global warming, climate science, and greenhouse gas reduction strategies.
Centers for research on learning and education improvement
Funding for Centers
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).
Eligibility for centers
Section 11 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n–2) is amended—
in
subsection (a)(1), by inserting or eligible nonprofit
organizations
after institutions of higher
education
;
in subsection (b)(1) by inserting or
an eligible nonprofit organization
after institution of higher
education
; and
in subsection
(b)(1) by striking of such institutions
and inserting
thereof
.
Interdisciplinary research
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.
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 funding 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.
Pilot program of grants for new investigators
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.
Use of funds
Grants awarded under this section shall be used to enable an individual to resubmit an updated research proposal for review by the Foundation through the agency’s competitive merit review process. Uses of funds made available under this section may include the generation of new data and the performance of additional analysis.
Eligibility
To be eligible to receive a grant under this section, an individual shall—
not have previously received funding as the principal investigator of a research grant from the Foundation; and
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.
Selection process
The Director shall make awards under this section based on the advice of the program officers of the Foundation.
Program administration
The Director may carry out this section through the Small Grants for Exploratory Research program.
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.
Broader impacts merit review criterion
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.
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.
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—
identify the criteria that each division and directorate of the Foundation uses to evaluate the broader impacts aspects of research proposals;
provide a breakdown of the types of activities by division that awardees have proposed to carry out to meet the broader impacts criterion;
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;
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
describe what steps the Foundation is taking and should take to use the broader impacts criterion to improve undergraduate science, mathematics, and engineering education.
Postdoctoral research fellows
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.
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.
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.
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.
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.
Funding for successful stem education programs
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—
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
that have the primary purpose of providing teacher professional development.
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.
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—
lists the grants which have been extended in duration by the authority provided under this section; and
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).
Cost sharing
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.
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).
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
.
Additional reports
Report on funding for major facilities
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.
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.
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.
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
.
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 Representatives 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.
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.
Annual plan for allocation of education and human resources funding
In general
Not later than 60 days after the date of enactment of legislation providing for the annual appropriation of funds for the Foundation, the Director shall submit 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, 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.
Specific requirements
The plan shall include a description of how the allocation of funding—
will affect the average size and duration of education and human resources grants supported by the Foundation;
will affect trends in research support for the effective instruction of mathematics, science, engineering, and technology;
will affect the K–20 pipeline for the study of mathematics, science, engineering, and technology; and
will encourage the interest of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in mathematics, science, engineering, and technology, and help prepare such individuals to pursue postsecondary studies in these fields.
Administrative amendments
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—
in paragraph (3),
by striking an annual audit
and inserting an audit every
three years
;
in paragraph (4),
by striking each year
and inserting every third
year
; and
by inserting after paragraph (4) the following new paragraph:
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.
.
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:
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).
.
Increase in number of waterman awards to three
Section 6(c) of the National Science Foundation Authorization Act of 1975 (42 U.S.C. 1881a) is amended to read as follows:
Up to three awards may be made under this section in any one fiscal year.
.
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 amended by striking , for
submission to
and for submission to
, respectively, and
inserting and
.
National Academy of Science Report on Diversity in STEM fields
In general
The Foundation shall enter into an arrangement with the National Academy of Sciences for a report, to be transmitted to the Congress not later than 1 year after the date of enactment of this Act, about barriers to increasing the number of underrepresented minorities in science, technology, engineering, and mathematics fields and to identify strategies for bringing more underrepresented minorities into the science, technology, engineering, and mathematics workforce.
Specific requirements
The Director shall ensure that the study described in subsection (a) addresses—
social and institutional factors that shape the decisions of minority students to commit to education and careers in the science, technology, engineering, and mathematics fields;
specific barriers preventing greater minority student participation in the science, technology, engineering, and mathematics fields;
primary focus points for policy intervention to increase the recruitment and retention of underrepresented minorities in America's future workforce;
programs already underway to increase diversity in the science, technology, engineering, and mathematics fields, and their level of effectiveness;
factors that make such programs effective, and how to expand and improve upon existing programs;
the role of minority-serving institutions in the diversification of America’s workforce in these fields and how that role can be supported and strengthened; and
how the public and private sectors can better assist minority students in their efforts to join America’s workforce in these fields.
Sense of the Congress regarding the mathematics and science partnership programs of the department of education and the National Science Foundation
It is the sense of the Congress that—
although the mathematics and science education partnership program at the National Science Foundation and the mathematics and science partnership program at the Department of Education practically share the same name, the 2 programs are intended to be complementary, not duplicative;
the National Science Foundation partnership programs are innovative, model reform initiatives that move promising ideas in education from research into practice to improve teacher quality, develop challenging curricula, and increase student achievement in mathematics and science, and Congress intends that the National Science Foundation peer-reviewed partnership programs found to be effective should be put into wider practice by dissemination through the Department of Education partnership programs; and
the Director of the National Science Foundation and the Secretary of Education should have ongoing collaboration to ensure that the 2 components of this priority effort for mathematics and science education continue to work in concert for the benefit of States and local practitioners nationwide.
Hispanic-serving institutions undergraduate program
In general
The Director is authorized to establish a new program to award grants on a competitive, merit-reviewed basis to Hispanic-serving institutions to enhance the quality of undergraduate science, mathematics, engineering, and technology education at such institutions and to increase the retention and graduation rates of students pursuing associate's or baccalaureate degrees in science, mathematics, engineering, or technology.
Program Components
Grants awarded under this section shall support—
activities to improve courses and curriculum in science, mathematics, engineering, and technology;
faculty development;
stipends for undergraduate students participating in research; and
other activities consistent with subsection (a), as determined by the Director.
Instrumentation
Funding for instrumentation is an allowed use of grants awarded under this section.
Communications training for scientists
Grant supplements for communications training
The Director shall provide grant supplements, on a competitive, merit-reviewed basis, to institutions receiving awards under the Integrative Graduate Education and Research Traineeship program. The grant supplements shall be used to train graduate students in the communication of the substance and importance of their research to nonscientist audiences, including policymakers.
Report to congress
Not later than 3 years after the date of enactment of this Act, the Director shall transmit 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, describing how the activities required under subsection (a) have been implemented. The report shall include data on the number of graduate students trained and the number and size of grant supplements awarded, and a description of the types of activities funded through the grant supplements.
Passed the House of Representatives May 2, 2007.
Lorraine C. Miller,
Clerk.
May 7, 2007
Received; read twice and placed on the calendar