subsequent Subcommittee markup, H.R. 4419, reflecting the recommendations of the Subcommittee, was introduced on April 20, 1988 by Mr. Walgren. The Committee considered H.R. 4419 on April 21, 1988, and ordered it reported, without amendment.

The legislative report was filed in the House on April 27, 1988. H.R. 4419 passed the House under suspension of the Rules on May 24, 1988. In the Senate, the bill was referred to the Committee on Commerce, Science, and Transportation, which reported H.R. 4419 on July 27, 1988 (S. Rept. 100-435).

On August 10, 1988, the Senate passed H.R. 4419, after adopting an amendment thereto. The House on September 26, 1988, concurred in the amendment to H.R. 4419, clearing the measure for the President. Public Law 100-476 was signed by the President on October 6, 1988. Committee Publication Numbers 100-98; H. Rept. 100-589.

1.12-PUBLIC LAW 100-519, THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY AUTHORIZATION ACT FOR FY 1989 (H.R. 4417)

To authorize appropriations to the Secretary of Commerce for the programs of the National Institute of Standards and Technology for Fiscal Year 1989, and for other purposes.

Background and Summary of Legislation

For fiscal year 1989, P.L. 100-519 authorizes $158,039,000 for the National Institute of Standards and Technology (NIST), formerly the National Bureau of Standards (NBS); $1,000,000 for a newly established Technology Administration managed by an Under Secretary of Commerce for Technology; $2,000,000 for the Office of Technology policy, which replaces the Office of Productivity, Technology, and Innovation (OPTI); and $1,000,000 to continue the activities authorized in the Japanese Technical Literature Act of 1986. The bill also provides for the modernization of and limits efforts to privatize the National Technical Information Service (NTIS). The law, as enacted, reflects the new name and responsibilities of the former NBS as mandated by P.L. 100-418, the Omnibus Trade and Competitiveness Act of 1988. The funding level for NIST is $158,039,000, the same level as requested by the Administration.

The total includes all the research initiatives proposed by the Administration, including process and quality control; bioprocess engineering; lightwave metrology; high performance composites; and superconductivity, although in certain instances not at Administration request levels. The Act also restores funding for the fire and building safety programs. Although the Administration requested $4,000,000 for a Thomas A. Edison Technological Innovation Award, the provision was not incorporated in H.R. 4417, as reported, by the Committee.

$3,000,000 is included for NIST to carry out its responsibilities under the Computer Security Act of 1987 (P.L. 100-235); $3,300,000 is authorized for new technology programs; and $6,500,000 is authorized for the Cold Neutron Source Facility. The bill also includes exclusive authorization amounts of $2,000,000 for steel technology; $4,000,000 for the Center for Building Technology;

$6,000,000 for the Center for Fire Research; and $7,500,000 for the Technical Competence Fund.

H.R. 4417 as reported from the Committee would have authorized $168,500,000 for the National Bureau of Standards, now NIST, and converted the National Technical Information Service into a government corporation called the National Technical Information Corporation. H.R. 4417 as passed by the Congress reflects changes worked out after consulting with the Committees on Energy and Commerce, and the Judiciary.

The Act also authorizes $2.0 million for the Office of Technology Policy, which supersedes the Office of Productivity, Technology and Innovations; $1.0 million for the Technology Administration; and $1.0 million for the Office of Japanese Technical Literature, which will become a part of the National Technical Information Service. The Committee continues to believe in the importance of these programs to the overall competitiveness effort and will continue to support them.

Legislative History

The Subcommittee on Science, Research and Technology held authorization hearings on March 15, 16, and 17, 1988 on the proposed FY 1989 budget for NBS (renamed NIST), OPTI, and NTIS, as well as the Administration's proposed plan to privatize NTIS.

As a result of recommendations received at the hearings and Subcommittee markup on April 19, 1988, a substitute amendment was drafted for Committee consideration. On May 5, 1988, the Committee on Science, Space, and Technology held a markup and ordered the bill reported by voice vote. H. Rept. 100-673, Part 1 was filed on June 3, 1988. Section 212 of the bill was sequentially referred to the Committee on Energy and Commerce on June 3, 8, and 22, 1988. The Committee's Subcommittee on Commerce, Consumer Protection, and Competitiveness held a hearing on H.R. 4417 on June 30, 1988. On July 8, 1988, the Committee on Energy and Commerce reported the bill with amendments and filed H. Rept. 100-673, Part 2. On August 9, 1988, H.R. 5183 was introduced to be used as substitute Floor text for H.R. 4417, and referred to the Committee on Science, Space, and Technology. On August 11, 1988, the Rules Committee held a hearing and granted a one-hour, open rule. H.R. 4417 passed the House, amended with the text of H.R. 5183, as provided for by the passage of the Rule for its consideration, on September 26, 1988 by voice vote. On September 29, 1988, H.R. 4417 was received in the Senate and referred to the Senate Commerce, Science and Transportation Committee. On October 5, 1988, H.R. 4417 passed the Senate by voice vote, clearing the measure for the President. P.L. 100-519 was signed by the President on October 24, 1988. Committee Publication Numbers 100-96; H. Rept. 100-673, Part 1.

1.13-PUBLIC LAW 100-570, THE NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 1988 (H.R. 4418, S. 1632)

To authorize appropriations for the National Science Foundation, and for other purposes.

Summary and Background of Legislation

As part of its responsibilities, the Committee on Science, Space, and Technology acts on legislation to authorize the activities of the National Science Foundation (NSF). The Committee's legislative actions are based on the budget request for NSF submitted to the Congress by the President.

Public Law 100-570 authorizes the programs of NSF for fiscal years 1989 through 1993. The authorization levels for the various NSF activities are as follows:

The authorization meets the Administration's goal of doubling the NSF budget by fiscal year 1992. The allocation for the Science and Engineering Education Directorate exceeds $300 million in the fifth year, and the authorization for the new Academic Research Facilities Modernization Program grows to $250 million by the fourth year.

For fiscal year 1989, the total authorization $2.05 billion is identical to the Administration's request; however, there are specific programmatic differences. The Academic Research Facilities Modernization Program, not included in the Administration's budget request, was authorized at a level of $80 million. An additional $19.5 million was added to the Administration's request for Science and Engineering Education and the request for $150 million for fiveyear, upfront funding of Science and Technology Centers was reduced to $25 million for the first year, with $30 million per year in subsequent years.

The Act requires NSF, in awarding planning grants for Science and Technology Centers, to consider the need to establish centers in regions of the U.S. in which there are no major research universities. Also, NSF is directed to encourage consortia of research universities, two-year and four-year colleges, and the private sector to participate in research center award competitions. Finally, in conducting evaluations of research centers, NSF is directed to ensure that evaluation panels are free from conflict-of-interest and that all conditions of award to a center have been fulfilled.

Sections 105 through 108 of Title I make six amendments to the National Science Foundation Act of 1950: (1) exempts discussions

by the National Science Board of proposed NSF budgets from disclosure under the Government in the Sunshine Act until the budget is submitted to Congress; (2) repeals Section 15, an obsolete provision regarding NSF fellowship applications; (3) changes the reporting requirement of the Committee on Equal Opportunities in Science and Engineering from annual to biennial; (4) allows NSF to pay certain expenses and benefits for participants in the NSF Rotator Program directly, rather than as part of salary; (5) requires NSF to submit to Congress annually a three-year budget estimate including funding estimates for all major activities; and (6) requires members of the National Science Board to file a financial disclosure report under title II of the Ethics in Government Act of 1978, except that the reports are held confidential and exempt from any other law otherwise requiring their public disclosure.

Section 111 of Title I, urges NSF, within the restrictions of current international agreements to which the_U.S. is a party, to obtain goods and services for direct support of Foundation activities from domestic firms. Further, NSF is required to prepare a report to Congress on the number of foreign and domestic awards in fiscal year 1988, including the number of foreign awards for which technically acceptable domestic bids were received.

Section 112 reinforces the role of NSF in supporting undergraduate research and education.

Section 113 codifies the ongoing Experimental Program to Stimulate Competitive Research and allows states that have received initial awards under the program to compete for follow-on awards.

Section 114 requires NSF to report on the feasibility of establishing a new College University Innovation Research Program for faculty members patterned after the Small Business Innovation Research Program.

Section 115 requires the National Academy of Sciences to conduct an assessment of earthquake engineering activities being conducted by Federal agencies under the Earthquake Hazards Reduction Act of 1977 and to report to Congress on the results of the study, including recommendations for improvements.

Section 116 requires the Office of Science and Technology Policy to prepare a report for Congress on federal research on desalination, including recommendations for a lead Federal agency, for ways to spur research for decreasing the cost of desalination, and for ways in which desalination research and technology can be used as a component of the foreign assistance program of the U.S. Section 117 amends Title II of the Elementary and Secondary Education Act of 1965 by removing the program for Presidential Awards for Excellence in Mathematics and Science Teaching and reestablishing it in NSF with no change, except that the number of awards is increased to no fewer than 108.

Section 118 prohibits expenditure of any funds authorized for NSF by NSF or by any recipient of an NSF grant or contract award unless all such parties have in place and will continue to administer a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances.

Title II is cited as the Academic Research Facilities Modernization Act, which supersedes the facilities program authorized in the

Trade Bill (P.L. 100-418). The purpose of this title is to help fund the repair, renovation and, in exceptional cases, replacement of facilities primarily devoted to research. Eligibility for awards under the program is extended to all types of academic institutions, including primarily undergraduate institutions, to nonprofit research institutions, and to research museums. The title specifies certain guidelines and limitations on awards and requires NSF to develop and publish detailed guidelines, with opportunity for public comment. A setaside of 12 percent of all funds authorized for the program is established for minority institutions, including Historically Black Colleges and Universities and other institutions with substantial enrollment of Black, Hispanic and Native American students.

Legislative History

H.R. 4418 was introduced by Mr. Walgren on April 20, 1988 and referred to the Committee on Science, Space, and Technology. It reflected the recommendations of the Subcommittee on Science, Research and Technology as agreed to on April 19, 1988. Prior to the markup, hearings had been held by the Subcommittee on March 22, 23 and 24, 1988, on the Administration's proposed budget for NSF and on selected NSF programs. In addition to the Director of NSF and the Chairman of the National Science Board, witnesses included university administrators, industry representatives, and leaders from the scientific community.

The Committee met to consider H.R. 4418 on May 5 and 12, 1988. On May 12, 1988, the bill was ordered reported with an amendment; and, on May 24, 1988, the Committee report was filed in the House (H. Rept. 100-649).

H.R. 4418 was considered by the House on June 9, 1988. By a roll call vote (No. 177) of 405 to 5, the House agreed to the Committee amendment, as amended by the Roe amendment that established the program on Presidential Awards for Excellence in Science and Mathematics Teaching in NSF; the Roe amendment that removed language imposing certain conflict-of-interest provisions for the members of the National Science Board which are covered by existing law; the Roe amendment that added words "research or service contractor" before "lease" in the description of conditions placed on NSF's acquisition of a research icebreaker for support of Antarctic research; the Boehlert amendment that increased funding for Science and Engineering Education by $11 million with $5 million set-aside for programs to improve instruction in 2 year colleges, decreased funding for Research and Related Activities by $116 million, and authorized $20 million for the Science and Technology Centers program; the Traficant amendment that required NSF to give preference to domestic firms in contract awards under certain specific circumstances; and the Fields amendment that modified the conditions placed on NSF's acquisition of a research icebreaker by stipulating that no bid submitted by a foreign shipyard receiving government subsidies could be used in determining the "world free market price".

On June 17, 1988, by a recorded vote of 88-1, H.R. 4418 passed the Senate, after having been amended by striking all after the enacting clause and inserting in lieu thereof the text of S. 1632, as