[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S2797-S2798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1545. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 1260, to establish a new Directorate for Technology
and Innovation in the National Science Foundation, to establish a
regional technology hub program, to require a strategy and report on
economic security, science, research, innovation, manufacturing, and
job creation, to establish a critical supply chain resiliency program,
and for other purposes; which was ordered to lie on the table; as
follows:
After section 2527 of title V of division B insert the
following:
SEC. 2528. SPECIAL INSPECTOR GENERAL AND TAXPAYER ADVOCATE
FOR RESEARCH.
(a) Establishment.--
(1) In general.--There is established an Office of the
Special Inspector General and Taxpayer Advocate for Research.
(2) Head of office.--There shall be at the head of the
Office described in paragraph (1) the Special Inspector
General and Taxpayer Advocate for Research, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(b) Transfer of Functions and Savings.--
(1) Definitions.--In this subsection, unless otherwise
provided or indicated by the context--
(A) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code;
(B) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(C) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(2) Transfer.--There are transferred to the Office of the
Special Inspector General and Taxpayer Advocate for Research
all functions which the Office of Inspector General of the
National Science Foundation exercised before the date of
enactment of this division (including all related functions
of any officer or employee of the Office of Inspector General
of the National Science Foundation).
(3) Rules.--The Office of the Special Inspector General and
Taxpayer Advocate for Research is authorized to prescribe, in
accordance with the provisions of chapters 5 and 6 of title
5, United States Code, such rules and regulations as the
Office of the Special Inspector General and Taxpayer Advocate
for Research determines necessary or appropriate to
administer and manage the functions of the Office of the
Special Inspector General and Taxpayer Advocate for Research.
(4) Transfer and allocations of appropriations and
personnel.--Except as otherwise provided in this subsection,
the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from, available to,
or to be made available in connection with the functions
transferred by this subsection, subject to section 1531 of
title 31, United States Code, shall be transferred to the
Office of the Special Inspector General and Taxpayer Advocate
for Research. Unexpended funds transferred pursuant to this
paragraph shall be used only for the purposes for which the
funds were originally authorized and appropriated.
(5) Savings provisions.--
(A) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(i) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
subsection; and
(ii) which are in effect at the time this subsection takes
effect, or were final before the effective date of this
subsection and are to become effective on or after the
effective date of this subsection,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Office of the
Special Inspector General and Taxpayer Advocate for Research
or other authorized official, a court of competent
jurisdiction, or by operation of law.
(B) Proceedings not affected.--The provisions of this
subsection shall not affect any proceedings, including
notices of proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance pending
before the Office of Inspector General of the National
Science Foundation at the time this subsection takes effect,
with respect to functions transferred by this subsection but
such proceedings and applications shall be continued. Orders
shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such
orders, as if this subsection had not been enacted, and
orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by
a duly authorized official, by a court of competent
jurisdiction, or by operation of law. Nothing in this
subparagraph shall be deemed to prohibit the discontinuance
or modification of any such proceeding under the same terms
and conditions and to the same extent that such proceeding
could have been discontinued or modified if this subsection
had not been enacted.
(C) Suits not affected.--The provisions of this subsection
shall not affect suits commenced before the effective date of
this subsection, and in all such suits, proceedings shall be
had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this subsection had not been
enacted.
(D) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Office of Inspector
General of the National Science Foundation, or by or against
any individual in the official capacity of such individual as
an officer of the Office of Inspector General of the National
[[Page S2798]]
Science Foundation, shall abate by reason of the enactment of
this subsection.
(E) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Office of
Inspector General of the National Science Foundation relating
to a function transferred under this subsection may be
continued by the Office of the Special Inspector General and
Taxpayer Advocate for Research with the same effect as if
this subsection had not been enacted.
(c) Powers and Authorities.--
(1) Duties.--In addition to the duties otherwise described
in this section, the Special Inspector General and Taxpayer
Advocate for Research shall also have the duties and
responsibilities of inspectors general under the Inspector
General Act of 1978 (5 U.S.C. App.).
(2) Authorities.--In carrying out the duties described in
paragraph (1) and otherwise described in this section, the
Special Inspector General and Taxpayer Advocate for Research
shall have the authorities provided in section 6 of the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) Focus and Review.--The focus of the Office of the
Special Inspector General and Taxpayer Advocate for Research
shall be to review Federal grant projects to determine if the
research will deliver value to the taxpayers by randomly
selecting Federal grants for review after awards are made but
prior to distribution of funds.
(e) Grant Support.--For a Federal grant reviewed under
subsection (d) to receive the grant funds, the grant shall
receive the support of the Office of the Special Inspector
General and Taxpayer Advocate for Research.
______