[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1273 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                          May 12, 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
1273) entitled ``An Act to authorize appropriations for fiscal years 
1998 and 1999 for the National Science Foundation, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Science Foundation 
Authorization Act of 1998''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the National Science Foundation established under section 2 of 
        the National Science Foundation Act of 1950 (42 U.S.C. 1861).
            (2) Foundation.--The term ``Foundation'' means the National 
        Science Foundation established under section 2 of the National 
        Science Foundation Act of 1950 (42 U.S.C. 1861).
            (3) 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).
            (4) United states.--The term ``United States'' means the 
        several States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.
            (5) National research facility.--The term ``national 
        research facility'' means a research facility funded by the 
        Foundation which is available, subject to appropriate policies 
        allocating access, for use by all scientists and engineers 
        affiliated with research institutions located in the United 
        States.

           TITLE I--NATIONAL SCIENCE FOUNDATION AUTHORIZATION

SEC. 101. FINDINGS; CORE STRATEGIES.

    (a) Findings.--Congress finds the following:
            (1) The United States depends upon its scientific and 
        technological capabilities to preserve the military and 
        economic security of the United States.
            (2) America's leadership in the global marketplace is 
        dependent upon a strong commitment to education, basic 
        research, and development.
            (3) A nation that is not technologically literate cannot 
        compete in the emerging global economy.
            (4) A coordinated commitment to mathematics and science 
        instruction at all levels of education is a necessary component 
        of successful efforts to produce technologically literate 
        citizens.
            (5) Professional development is a necessary component of 
        efforts to produce system wide improvements in mathematics, 
        engineering, and science education in secondary, elementary, 
        and postsecondary settings.
            (6)(A) The mission of the National Science Foundation is to 
        provide Federal support for basic scientific and engineering 
        research, and to be a primary contributor to mathematics, 
        science, and engineering education at academic institutions in 
        the United States.
            (B) In accordance with such mission, the long-term goals of 
        the National Science Foundation include providing leadership 
        to--
                    (i) enable the United States to maintain a position 
                of world leadership in all aspects of science, 
                mathematics, engineering, and technology;
                    (ii) promote the discovery, integration, 
                dissemination, and application of new knowledge in 
                service to society; and
                    (iii) achieve excellence in United States science, 
                mathematics, engineering, and technology education at 
                all levels.
    (b) Core Strategies.--In carrying out activities designed to 
achieve the goals described in subsection (a), the Foundation shall use 
the following core strategies:
            (1) Develop intellectual capital, both people and ideas, 
        with particular emphasis on groups and regions that 
        traditionally have not participated fully in science, 
        mathematics, and engineering.
            (2) Strengthen the scientific infrastructure by investing 
        in facilities planning and modernization, instrument 
        acquisition, instrument design and development, and shared-use 
        research platforms.
            (3) Integrate research and education through activities 
        that emphasize and strengthen the natural connections between 
        learning and inquiry.
            (4) Promote partnerships with industry, elementary and 
        secondary schools, community colleges, colleges and 
        universities, other agencies, State and local governments, and 
        other institutions involved in science, mathematics, and 
        engineering to enhance the delivery of math and science 
        education and improve the technological literacy of the 
        citizens of the United States.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 1998.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $3,505,630,000 for fiscal year 1998.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $2,576,200,000 shall be made available to carry 
                out Research and Related Activities, of which--
                            (i) $370,820,000 shall be made available 
                        for Biological Sciences;
                            (ii) $289,170,000 shall be made available 
                        for Computer and Information Science and 
                        Engineering;
                            (iii) $360,470,000 shall be made available 
                        for Engineering;
                            (iv) $455,110,000 shall be made available 
                        for Geosciences;
                            (v) $715,710,000 shall be made available 
                        for Mathematical and Physical Sciences;
                            (vi) $130,660,000 shall be made available 
                        for Social, Behavioral, and Economic Sciences, 
                        of which up to $1,000,000 may be made available 
                        for the United States-Mexico Foundation for 
                        Science;
                            (vii) $165,930,000 shall be made available 
                        for United States Polar Research Programs;
                            (viii) $62,600,000 shall be made available 
                        for United States Antarctic Logistical Support 
                        Activities;
                            (ix) $2,730,000 shall be made available for 
                        the Critical Technologies Institute; and
                            (x) $23,000,000 shall be made available for 
                        the Next Generation Internet program;
                    (B) $632,500,000 shall be made available to carry 
                out Education and Human Resources Activities;
                    (C) $155,130,000 shall be made available for Major 
                Research Equipment;
                    (D) $136,950,000 shall be made available for 
                Salaries and Expenses; and
                    (E) $4,850,000 shall be made available for the 
                Office of Inspector General.
    (b) Fiscal Year 1999.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $3,773,000,000 for fiscal year 1999.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $2,846,800,000 shall be made available to carry 
                out Research and Related Activities, of which--
                            (i) $417,820,000 shall be made available 
                        for Biological Sciences;
                            (ii) $331,140,000 shall be made available 
                        for Computer and Information Science and 
                        Engineering, including $25,000,000 for the Next 
                        Generation Internet program;
                            (iii) $400,550,000 shall be made available 
                        for Engineering;
                            (iv) $507,310,000 shall be made available 
                        for Geosciences;
                            (v) $792,030,000 shall be made available 
                        for Mathematical and Physical Sciences;
                            (vi) $150,260,000 shall be made available 
                        for Social, Behavioral, and Economic Sciences, 
                        of which up to $2,000,000 may be made available 
                        for the United States-Mexico Foundation for 
                        Science;
                            (vii) $182,360,000 shall be made available 
                        for United States Polar Research Programs;
                            (viii) $62,600,000 shall be made available 
                        for United States Antarctic Logistical Support 
                        Activities;
                            (ix) $2,730,000 shall be made available for 
                        the Critical Technologies Institute; and
                    (B) $683,000,000 shall be made available to carry 
                out Education and Human Resources Activities;
                    (C) $94,000,000 shall be made available for Major 
                Research Equipment;
                    (D) $144,000,000 shall be made available for 
                Salaries and Expenses; and
                    (E) $5,200,000 shall be made available for the 
                Office of Inspector General.
    (c) Fiscal Year 2000.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $3,886,190,000 for fiscal year 2000.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $2,935,024,000 shall be made available to carry 
                out Research and Related Activities, of which up to--
                            (i) $2,000,000 may be made available for 
                        the U.S.-Mexico Foundation for Science;
                            (ii) $25,000,000 may be made available for 
                        the Next Generation Internet program;
                    (B) $703,490,000 shall be made available to carry 
                out Education and Human Resources Activities;
                    (C) $94,000,000 shall be made available for Major 
                Research Equipment;
                    (D) $148,320,000 shall be made available for 
                Salaries and Expenses; and
                    (E) $5,356,000 shall be made available for the 
                Office of Inspector General.

SEC. 103. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED ACTIVITIES 
              AMOUNTS.

    If the amount appropriated pursuant to section 102(a)(2)(A) or 
(b)(2)(A) is less than the amount authorized under that paragraph, the 
amount available for each scientific directorate under that paragraph 
shall be reduced by the same proportion.

SEC. 104. CONSULTATION AND REPRESENTATION EXPENSES.

    From appropriations made under authorizations provided in this Act, 
not more than $10,000 may be used in each fiscal year for official 
consultation, representation, or other extraordinary expenses. The 
Director shall have the discretion to determine the expenses (as 
described in this section) for which the funds described in this 
section shall be used. Such a determination by the Director shall be 
final and binding on the accounting officers of the Federal Government.

SEC. 105. UNITED STATES MAN AND THE BIOSPHERE PROGRAM LIMITATION.

    No funds appropriated pursuant to this Act shall be used for the 
United States Man and the Biosphere Program, or related projects.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. NATIONAL RESEARCH FACILITIES.

    (a) Facilities Plan.--
            (1) In general.--Not later than December 1, of each year, 
        the Director shall, as part of the annual budget request, 
        prepare and submit to Congress a plan for the proposed 
        construction of, and repair and upgrades to, national research 
        facilities.
            (2) Contents of the plan.--The plan shall include--
                    (A) estimates of the costs for the construction, 
                repairs, and upgrades described in paragraph (1);
                    (B) estimates of the costs for the operation and 
                maintenance of existing and proposed new facilities; 
                and
                    (C) in the case of proposed new construction and 
                for major upgrades to existing facilities, funding 
                profiles, by fiscal year, and milestones for major 
                phases of the construction.
            (3) Special rule.--The plan shall include cost estimates in 
        the categories of construction, repair, and upgrades--
                    (A) for the year in which the plan is submitted to 
                Congress; and
                    (B) for not fewer than the succeeding 4 years.
    (b) Status of Facilities Under Construction.--The plan required 
under subsection (a) shall include a status report for each uncompleted 
construction project included in current and previous plans. The status 
report shall include data on cumulative construction costs by project 
compared with estimated costs, and shall compare the current and 
original schedules for achievement of milestones for the major phases 
of the construction.

SEC. 202. ADMINISTRATIVE AMENDMENTS.

    (a) National Science Foundation Act of 1950 Amendments.--The 
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is 
amended--
            (1) in section 4(g) (42 U.S.C. 1863(g))--
                    (A) by striking ``the appropriate rate provided for 
                individuals in grade GS-18 of the General Schedule 
                under section 5332'' and inserting ``the maximum rate 
                payable under section 5376''; and
                    (B) by redesignating the second subsection (k) as 
                subsection (l);
            (2) in section 5(e) (42 U.S.C. 1864(e)) by striking 
        paragraph (2), and inserting the following:
    ``(2) Any delegation of authority or imposition of conditions under 
paragraph (1) shall be promptly published in the Federal Register and 
reported to the Committee on Labor and Human Resources, and the 
Committee on Commerce, Science, and Transportation, of the Senate and 
the Committee on Science of the House of Representatives.'';
            (3) in section 14(c) (42 U.S.C. 1873(c))--
                    (A) by striking ``shall receive'' and inserting 
                ``shall be entitled to receive'';
                    (B) by striking ``the rate specified for the daily 
                rate for GS-18 of the General Schedule under section 
                5332'' and inserting ``the maximum rate payable under 
                section 5376''; and
                    (C) by adding at the end the following: ``For the 
                purposes of determining the payment of compensation 
                under this subsection, the time spent in travel by any 
                member of the Board or any member of a special 
                commission shall be deemed as time engaged in the 
                business of the Foundation. Members of the Board and 
                members of special commissions may waive compensation 
                and reimbursement for traveling expenses.''; and
            (4) in section 15(a) (42 U.S.C. 1874(a)), by striking 
        ``Atomic Energy Commission'' and inserting ``Secretary of 
        Energy''.
    (b) National Science Foundation Authorization Act, 1976 
Amendments.--Section 6(a) of the National Science Foundation 
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking 
``social,'' the first place it appears.
    (c) National Science Foundation Authorization Act of 1988 
Amendments.--Section 117(a) of the National Science Foundation 
Authorization Act of 1988 (42 U.S.C. 1881b(a)) is amended--
            (1) by striking paragraph (1)(B)(v) and inserting the 
        following:
            ``(v) from schools established outside the several States 
        and the District of Columbia by any agency of the Federal 
        Government for dependents of the employees of such agency.''; 
        and
            (2) in paragraph (3)(A) by striking ``Science and 
        Engineering Education'' and inserting ``Education and Human 
        Resources''.
    (d) Science and Engineering Equal Opportunities Act Amendments.--
The Science and Engineering Equal Opportunities Act (42 U.S.C. 1885 et 
seq.) is amended--
            (1) in section 34 (42 U.S.C. 1885b)--
                    (A) by striking the section heading and inserting 
                the following:

 ``participation in science and engineering of minorities and persons 
                          with disabilities'';

                and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) The Foundation is authorized to undertake or support programs 
and activities to encourage the participation of persons with 
disabilities in the science and engineering professions.''; and
            (2) in section 36 (42 U.S.C. 1885c)--
                    (A) in subsection (a), by striking ``minorities,'' 
                and all that follows through ``in scientific'' and 
                inserting ``minorities, and persons with disabilities 
                in scientific'';
                    (B) in subsection (b)--
                            (i) by striking ``with the concurrence of 
                        the National Science Board''; and
                            (ii) by striking the second sentence and 
                        inserting the following: ``In addition, the 
                        Chairman of the National Science Board may 
                        designate a member of the Board as a member of 
                        the Committee.'';
                    (C) by striking subsections (c) and (d);
                    (D) by inserting after subsection (b) the 
                following:
    ``(c) The Committee shall be responsible for reviewing and 
evaluating all Foundation matters relating to opportunities for the 
participation in, and the advancement of, women, minorities, and 
persons with disabilities in education, training, and science and 
engineering research programs.'';
                    (E) by redesignating subsections (e) and (f) as 
                subsections (d) and (e), respectively; and
                    (F) in subsection (d), as so redesignated by 
                subparagraph (E), by striking ``additional''.
    (e) Technical Amendment.--The second subsection (g) of section 3 of 
the National Science Foundation Act of 1950 is repealed.

SEC. 203. INDIRECT COSTS.

    (a) Matching Funds.--Matching funds required pursuant to section 
204(a)(2)(C) of the Academic Research Facilities Modernization Act of 
1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities 
costs for purposes of determining indirect cost rates under Office of 
Management and Budget Circular A-21.
    (b) Report.--
            (1) In general.--The Director of the Office of Science and 
        Technology Policy, in consultation with other Federal agencies 
        the Director deems appropriate, shall prepare a report--
                    (A) analyzing the Federal indirect cost 
                reimbursement rates (as the term is defined in Office 
                of Management and Budget Circular A-21) paid to 
                universities in comparison with Federal indirect cost 
                reimbursement rates paid to other entities, such as 
                industry, government laboratories, research hospitals, 
                and nonprofit institutions;
                    (B)(i) analyzing the distribution of the Federal 
                indirect cost reimbursement rates by category (such as 
                administration, facilities, utilities, and libraries), 
                and by the type of entity; and
                    (ii) determining what factors, including the type 
                of research, influence the distribution;
                    (C) analyzing the impact, if any, that changes in 
                Office of Management and Budget Circular A-21 have had 
                on--
                            (i) the Federal indirect cost reimbursement 
                        rates, the rate of change of the Federal 
                        indirect cost reimbursement rates, the 
                        distribution by category of the Federal 
                        indirect cost reimbursement rates, and the 
                        distribution by type of entity of the Federal 
                        indirect cost reimbursement rates; and
                            (ii) the Federal indirect cost 
                        reimbursement (as calculated in accordance with 
                        Office of Management and Budget Circular A-21), 
                        the rate of change of the Federal indirect cost 
                        reimbursement, the distribution by category of 
                        the Federal indirect cost reimbursement, and 
                        the distribution by type of entity of the 
                        Federal indirect cost reimbursement;
                    (D) analyzing the impact, if any, of Federal and 
                State law on the Federal indirect cost reimbursement 
                rates;
                    (E)(i) analyzing options to reduce or control the 
                rate of growth of the Federal indirect cost 
                reimbursement rates, including options such as 
                benchmarking of facilities and equipment cost, 
                elimination of cost studies, mandated percentage 
                reductions in the Federal indirect cost reimbursement; 
                and
                    (ii) assessing the benefits and burdens of the 
                options to the Federal Government, research 
                institutions, and researchers; and
                    (F) analyzing options for creating a database--
                            (i) for tracking the Federal indirect cost 
                        reimbursement rates and the Federal indirect 
                        cost reimbursement; and
                            (ii) for analyzing the impact that changes 
                        in policies with respect to Federal indirect 
                        cost reimbursement will have on the Federal 
                        Government, researchers, and research 
                        institutions.
            (2) Report to congress.--The report prepared under 
        paragraph (1) shall be submitted to Congress not later than 1 
        year after the date of enactment of this Act.

SEC. 204. FINANCIAL DISCLOSURE.

    Persons temporarily employed by or at the Foundation shall be 
subject to the same financial disclosure requirements and related 
sanctions under the Ethics in Government Act of 1978 (5 U.S.C. App.) as 
are permanent employees of the Foundation in equivalent positions.

SEC. 205. NOTICE.

    (a) Notice of Reprogramming.--If any funds appropriated pursuant to 
the amendments made by this Act are subject to a reprogramming action 
that requires notice to be provided to the Committees on Appropriations 
of the Senate and the House of Representatives, notice of that action 
shall concurrently be provided to the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Labor and Human 
Resources of the Senate, and the Committee on Science of the House of 
Representatives.
    (b) Notice of Reorganization.--Not later than 15 days before any 
major reorganization of any program, project, or activity of the 
National Science Foundation, the Director of the National Science 
Foundation shall provide notice to the Committees on Science and 
Appropriations of the House of Representatives and the Committees on 
Commerce, Science and Transportation, Labor and Human Resources of the 
Senate, and Appropriations of the Senate.

SEC. 206. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

    (a) Definitions.--In this section:
            (1) Educationally useful federal equipment.--The term 
        ``educationally useful Federal equipment'' means computers and 
        related peripheral tools and research equipment that is 
        appropriate for use in schools.
            (2) School.--The term ``school'' means a public or private 
        educational institution that serves any of the grades of 
        kindergarten through grade 12.
    (b) Sense of Congress.--
            (1) In general.--It is the sense of the Congress that the 
        Director should, to the greatest extent practicable and in a 
        manner consistent with applicable Federal law (including 
        Executive Order No. 12999), donate educationally useful Federal 
        equipment to schools in order to enhance the science and 
        mathematics programs of those schools.
            (2) Reports.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Director shall prepare and submit to the President 
                a report that meets the requirements of this paragraph. 
                The President shall submit that report to Congress at 
                the same time as the President submits a budget request 
                to Congress under section 1105(a) of title 31, United 
                States Code.
                    (B) Contents of report.--The report prepared by the 
                Director under this paragraph shall describe any 
                donations of educationally useful Federal equipment to 
                schools made during the period covered by the report.

 SEC. 207. REPORT ON RESERVIST EDUCATION ISSUES.

    (a) Convening Appropriate Representatives.--The Director of the 
National Science Foundation, with the assistance of the Office of 
Science and Technology Policy, shall convene appropriate officials of 
the Federal Government and appropriate representatives of the 
postsecondary education community and of members of reserve components 
of the Armed Forces for the purpose of discussing and seeking a 
consensus on the appropriate resolution to problems relating to the 
academic standing and financial responsibilities of postsecondary 
students called or ordered to active duty in the Armed Forces.
    (b) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the National Science 
Foundation shall transmit to the Congress a report summarizing the 
results of the convening individuals under subsection (a), including 
any consensus recommendations resulting therefrom as well as any 
significant opinions expressed by each participant that are not 
incorporated in such a consensus recommendation.

SEC. 208. SCIENCE AND TECHNOLOGY POLICY INSTITUTE.

    (a) Amendment.--Section 822 of the National Defense Authorization 
Act for Fiscal Year 1991 (42 U.S.C. 6686) is amended--
            (1) by striking ``Critical Technologies Institute'' in the 
        section heading and in subsection (a), and inserting in lieu 
        thereof ``Science and Technology Policy Institute'';
            (2) in subsection (b) by striking ``As determined by the 
        chairman of the committee referred to in subsection (c), the'' 
        and inserting in lieu thereof ``The'';
            (3) by striking subsection (c), and redesignating 
        subsections (d), (e), (f), and (g) as subsections (c), (d), 
        (e), and (f), respectively;
            (4) in subsection (c), as so redesignated by paragraph (3) 
        of this subsection--
                    (A) by inserting ``science and'' after 
                ``developments and trends in'' in paragraph (1);
                    (B) by striking ``with particular emphasis on'' in 
                paragraph (1) and inserting ``including'';
                    (C) by inserting ``and developing and maintaining 
                relevant informational and analytical tools'' before 
                the period at the end of paragraph (1);
                    (D) by striking ``to determine'' and all that 
                follows through ``technology policies'' in paragraph 
                (2) and inserting ``with particular attention to the 
                scope and content of the Federal science and technology 
                research and development portfolio as it affects 
                interagency and national issues'';
                    (E) by amending paragraph (3) to read as follows:
            ``(3) Initiation of studies and analysis of alternatives 
        available for ensuring the long-term strength of the United 
        States in the development and application of science and 
        technology, including appropriate roles for the Federal 
        Government, State governments, private industry, and 
        institutions of higher education in the development and 
        application of science and technology.'';
                    (F) by inserting ``science and'' after ``Executive 
                branch on'' in paragraph (4)(A); and
                    (G) by amending paragraph (4)(B) to read as 
                follows:
                    ``(B) to the interagency committees and panels of 
                the Federal Government concerned with science and 
                technology.'';
            (5) by striking ``subsection (d)'' in subsection (d), as 
        redesignated by paragraph (3) of this subsection, and inserting 
        in lieu thereof ``subsection (c)'';
            (6) by striking ``Committee'' in each place it appears in 
        subsection (e), as redesignated by paragraph (3) of this 
        subsection, and inserting ``Institute'';
            (7) by striking ``subsection (d)'' in subsection (f), as 
        redesignated by paragraph (3) of this subsection, and inserting 
        in lieu thereof ``subsection (c)''; and
            (8) by striking ``Chairman of Committee'' each place it 
        appears in subsection (f), as designated by paragraph (3) of 
        this subsection, and inserting ``Director of Office of Science 
        and Technology Policy''.
    (b) Conforming Usage.--All references in Federal law or regulations 
to the Critical Technologies Institute shall be considered to be 
references to the Science and Technology Policy Institute.

SEC. 209. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

    With the year 2000 fast approaching, it is the sense of Congress 
that the Foundation should--
            (1) give high priority to correcting all 2-digit date-
        related problems in its computer systems to ensure that those 
        systems continue to operate effectively in the year 2000 and 
        beyond;
            (2) assess immediately the extent of the risk to the 
        operations of the Foundation posed by the problems referred to 
        in paragraph (1), and plan and budget for achieving Year 2000 
        compliance for all of its mission-critical systems; and
            (3) develop contingency plans for those systems that the 
        Foundation is unable to correct in time.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 1273

_______________________________________________________________________

                               AMENDMENT

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