[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1046 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1046

  To authorize appropriations for fiscal years 1998 and 1999 for the 
          National Science Foundation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1997

  Mr. Jeffords (for himself, Mr. Kennedy, Mr. Frist, and Ms. Collins) 
introduced the following bill; which was read twice and referred to the 
                 Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for fiscal years 1998 and 1999 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 1997''.

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.

           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) $2,563,330,000 shall be made available to carry 
                out Research and Related Activities, of which--
                            (i) $330,820,000 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) $452,610,000 shall be made available 
                        for Geosciences;
                            (v) $715,710,000 shall be made available 
                        for Mathematical and Physical Sciences;
                            (vi) $129,660,000 shall be made available 
                        for Social, Behavioral, and Economic Sciences;
                            (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) $20,000,000 shall be made available for 
                        the Next Generation Internet program;
                    (B) $645,500,000 shall be made available to carry 
                out Education and Human Resources Activities;
                    (C) $155,000,000 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 $3,636,245,000 for fiscal year 1999.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $2,720,000,000 shall be made available to carry 
                out Research and Related Activities, including 
                $25,000,000 for the Next Generation Internet program;
                    (B) $684,245,000 shall be made available to carry 
                out Education and Human Resources Activities;
                    (C) $90,000,000 shall be made available for Major 
                Research Equipment;
                    (D) $137,000,000 shall be made available for 
                Salaries and Expenses; and
                    (E) $5,000,000 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 subsection (a)(1)(A) or 
(b)(1)(A) of section 102 is less than the amount authorized under that 
subsection, the amount available for each of the activities described 
in clauses (i) through (x) of subsection (a)(2)(A) of section 102 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.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. NATIONAL RESEARCH FACILITIES.

    (a) Facilities Plan.--
            (1) In general.--Not later than February 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. 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.
    (c) Limitation on Obligation of Unauthorized Appropriations.--
            (1) In general.--No funds appropriated for any major 
        research equipment project that involves construction of new 
        national research facilities or construction necessary for 
        upgrading the capabilities of existing national research 
        facilities shall be obligated--
                    (A) unless the funds are specifically authorized 
                for such purpose by this Act or any other Act which is 
                not an appropriations Act; or
                    (B) unless the total estimated cost to the 
                Foundation of the construction project is less than 
                $50,000,000.
            (2) Application.--This subsection shall not apply to 
        construction projects approved by the Board prior to June 30, 
        1997.

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 non-profit 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. PROHIBITION ON LOBBYING.

    (a) In General.--None of the funds authorized by this Act shall be 
made available for any activity whose purpose is to influence 
legislation pending before Congress.
    (b) Construction.--Nothing in this section shall be construed as 
preventing officers or employees of the Federal Government or of 
departments or agencies of the Federal Government from communicating--
            (1) to Members of Congress on the request of any Member; or
            (2) to Congress, through the appropriate procedures, 
        requests for legislation or appropriations which the officers 
        or employees deem necessary for the efficient conduct of the 
        business of the Federal Government.

SEC. 206. NOTICE.

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

SEC. 207. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

    The Director shall, to the greatest extent practicable and 
consistent with governmentwide procedures or programs, donate surplus 
computers and other research equipment to elementary and secondary 
education schools to enhance the science and mathematics programs of 
such schools. The Director shall report annually to the appropriate 
committees of Congress on the donations made by the Director pursuant 
to this section.
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