[Congressional Record Volume 144, Number 59 (Tuesday, May 12, 1998)]
[Senate]
[Pages S4729-S4732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

       THE NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 1998

                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 2386

  Mr. JEFFORDS (for Mr. McCain, for himself, Mr. Hollings, Mr. 
Jeffords, Mr. Kennedy, Mr. Frist, Mr. Rockefeller, and Ms. Collins) 
proposed an amendment to the bill (S. 1046) to authorize appropriations 
for fiscal years 1998 and 1999 for the National Science Foundation, and 
for other purposes; as follows:

     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).
       (d) 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.

[[Page S4730]]

       (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 U.S.-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 U.S.-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. 1854(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 purpose 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

[[Page S4731]]

       (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 subsection (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. 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 
     information and analytical tools'' before the period at the 
     end of the 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 
     develop 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

[[Page S4732]]

     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.

                          ____________________