I

104TH CONGRESS

1ST SESSION H. R. 1852

To authorize appropriations for the National Science Foundation, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 15, 1995

Mr. SCHIFF (for himself and Mr. PETE GEREN of Texas) introduced the

following bill; which was referred to the Committee on Science

A BILL

To authorize appropriations for the National Science

Foundation, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Science

5 Foundation Authorization Act of 1995’’.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act—

8 (1) the term ‘‘Director’’ means the Director of

9 the Foundation;
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1 (2) the term ‘‘Foundation’’ means the National

2 Science Foundation;

3 (3) the term ‘‘institution of higher education’’

4 has the meaning given such term in section 1201(a)

5 of the Higher Education Act of 1965;

6 (4) the term ‘‘national research facility’’ means

7 a research facility funded by the Foundation which

8 is available, subject to appropriate policies allocating

9 access, for use by all scientists and engineers affili10 ated with research institutions located in the United

11 States; and

12 (5) the term ‘‘United States’’ means the several

13 States, the District of Columbia, the Commonwealth

14 of Puerto Rico, the Virgin Islands, Guam, American

15 Samoa, the Commonwealth of the Northern Mariana

16 Islands, and any other territory or possession of the

17 United States.

18 TITLE I—NATIONAL SCIENCE

19 FOUNDATION AUTHORIZATION

20 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

21 (a) FINDINGS.—The Congress finds that—

22 (1) the programs of the Foundation are impor23 tant for the Nation to strengthen basic research and

24 develop human resources in science and engineering,
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1 and that those programs should be funded at an

2 adequate level;

3 (2) the primary mission of the Foundation con4 tinues to be the support of basic scientific research

5 and science education and the support of research

6 fundamental to the engineering process and engi7 neering education; and

8 (3) the Foundation’s efforts to contribute to the

9 economic competitiveness of the United States

10 should be in accord with that primary mission.

11 (b) FISCAL YEAR 1996.—There are authorized to be

12 appropriated to the Foundation $3,126,000,000 for fiscal

13 year 1996, which shall be available for the following cat14 egories:

15 (1) Research and Related Activities,

16 $2,226,300,000, which shall be available for the fol17 lowing subcategories:

18 (A) Mathematical and Physical Sciences,

19 $632,200,000.

20 (B) Engineering, $311,600,000.

21 (C) Biological Sciences, $293,300,000.

22 (D) Geosciences, $408,800,000.

23 (E) Computer and Information Science

24 and Engineering, $249,500,000.
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1 (F) Social, Behavioral, and Economic

2 Sciences, $111,300,000.

3 (G) United States Polar Research Pro4 grams, $156,000,000.

5 (H) United States Antarctic Logistical Ac6 tivities, $62,600,000.

7 (I) Critical Technologies Institute,

8 $1,000,000.

9 (2) Education and Human Resources Activities,

10 $600,000,000.

11 (3) Major Research Equipment, $70,000,000.

12 (4) Academic Research Facilities Moderniza13 tion, $100,000,000.

14 (5) Salaries and Expenses, $120,000,000.

15 (6) Office of Inspector General, $4,500,000.

16 (7) Headquarters Relocation, $5,200,000.

17 (c) FISCAL YEAR 1997.—There are authorized to be

18 appropriated to the Foundation $3,171,400,000 for fiscal

19 year 1997, which shall be available for the following cat20 egories:

21 (1) Research and Related Activities,

22 $2,286,200,000.

23 (2) Education and Human Resources Activities,

24 $600,000,000.

25 (3) Major Research Equipment, $55,000,000.
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1 (4) Academic Research Facilities Moderniza2 tion, $100,000,000.

3 (5) Salaries and Expenses, $120,000,000.

4 (6) Office of Inspector General, $5,000,000.

5 (7) Headquarters Relocation, $5,200,000.

6 SEC. 102. PROPORTIONAL REDUCTION OF RESEARCH AND

7 RELATED ACTIVITIES AMOUNTS.

8 If the amount appropriated pursuant to section

9 101(b)(1) is less than the amount authorized under that

10 paragraph, the amount authorized for each subcategory

11 under that paragraph shall be reduced by the same pro12 portion.

13 SEC. 103. CONSULTATION AND REPRESENTATION EX14 PENSES.

15 From appropriations made under authorizations pro16 vided in this Act, not more than $10,000 may be used

17 in each fiscal year for official consultation, representation,

18 or other extraordinary expenses at the discretion of the

19 Director. The determination of the Director shall be final

20 and conclusive upon the accounting officers of the Govern21 ment.

22 SEC. 104. REPROGRAMMING.

23 (a) $500,000 OR LESS.—In any given fiscal year, the

24 Director may transfer appropriated funds among the

25 subcategories of Research and Related Activities, so long
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1 as the net funds transferred to or from any subcategory

2 do not exceed $500,000.

3 (b) GREATER THAN $500,000.—In addition, the Di4 rector may propose transfers to or from any subcategory

5 exceeding $500,000. An explanation of any proposed

6 transfer under this subsection must be transmitted in

7 writing to the Committee on Science of the House of Rep8 resentatives, and the Committees on Labor and Human

9 Resources and Commerce, Science, and Transportation of

10 the Senate. The proposed transfer may be made only when

11 30 calendar days have passed after transmission of such

12 written explanation.

13 SEC. 105. FURTHER AUTHORIZATIONS.

14 Nothing in this Act shall preclude further authoriza15 tion of appropriations for the National Science Founda16 tion for fiscal year 1996: Provided, That authorization al17 locations adopted by the Conference Committee on House

18 Concurrent Resolution 67, and approved by Congress,

19 allow for such further authorizations.

20 TITLE II—GENERAL PROVISIONS

21 SEC. 201. ANNUAL REPORT.

22 Section 3(f) of the National Science Foundation Act

23 of 1950 (42 U.S.C. 1862(f)) is amended to read as fol24 lows:
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1 ‘‘(f) The Foundation shall provide an annual report

2 to the President which shall be submitted by the Director

3 to the Congress at the time of the President’s annual

4 budget submission. The report shall—

5 ‘‘(1) contain a strategic plan, or an update to

6 a previous strategic plan, which—

7 ‘‘(A) defines for a three-year period the

8 overall goals for the Foundation and specific

9 goals for each major activity of the Foundation,

10 including each scientific directorate, the edu11 cation directorate, and the polar programs of12 fice; and

13 ‘‘(B) describe how the identified goals re14 late to national needs and will exploit new op15 portunities in science and technology;

16 ‘‘(2) identify the criteria and describe the proce17 dures which the Foundation will use to assess

18 progress toward achieving the goals identified in ac19 cordance with paragraph (1);

20 ‘‘(3) review the activities of the Foundation

21 during the preceding year which have contributed to22 ward achievement of goals identified in accordance

23 with paragraph (1) and summarize planned activities

24 for the coming three years in the context of the

25 identified goals, with particular emphasis on the
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1 Foundation’s planned contributions to major multi2 agency research and education initiatives;

3 ‘‘(4) contain such recommendations as the

4 Foundation considers appropriate; and

5 ‘‘(5) include information on the acquisition and

6 disposition by the Foundation of any patents and

7 patent rights.’’.

8 SEC. 202. NATIONAL RESEARCH FACILITIES.

9 (a) FACILITIES PLAN.—The Director shall provide to

10 Congress annually, as a part of the report required under

11 section 3(f) of the National Science Foundation Act of

12 1950, a plan for the proposed construction of, and repair

13 and upgrades to, national research facilities. The plan

14 shall include estimates of the cost for such construction,

15 repairs, and upgrades, and estimates of the cost for the

16 operation and maintenance of existing and proposed new

17 facilities. For proposed new construction and for major

18 upgrades to existing facilities, the plan shall include fund19 ing profiles by fiscal year and milestones for major phases

20 of the construction. The plan shall include cost estimates

21 in the categories of construction, repair, and upgrades for

22 the year in which the plan is submitted to Congress and

23 for not fewer than the succeeding 4 years.

24 (b) LIMITATION ON OBLIGATION OF UNAUTHORIZED

25 APPROPRIATIONS.—No funds appropriated for any project
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1 which involves construction of new national research facili2 ties or construction necessary for upgrading the capabili3 ties of existing national research facilities shall be obli4 gated unless the funds are specifically authorized for such

5 purpose by this Act or any other Act which is not an ap6 propriations Act, or unless the total estimated cost to the

7 Foundation of the construction project is less than

8 $50,000,000. This subsection shall not apply to construc9 tion projects approved by the National Science Board

10 prior to June 30, 1994.

11 SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

12 Section 203(b) of the Academic Research Facilities

13 Modernization Act of 1988 is amended by striking the

14 final sentence of paragraph (3) and inserting in lieu there15 of the following: ‘‘The Director shall give priority to insti16 tutions or consortia that have not received such funds in

17 the preceding 5 years, except that this sentence shall not

18 apply to previous funding received for the same multiyear

19 project.’’.

20 SEC. 204. ADMINISTRATIVE AMENDMENTS.

21 (a) NATIONAL SCIENCE FOUNDATION ACT OF 1950

22 AMENDMENTS.—The National Science Foundation Act of

23 1950 (42 U.S.C. 1861 et seq.) is amended—

24 (1) by redesignating the subsection (k) of sec25 tion 4 (42 U.S.C. 1863(k)) that was added by sec-
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1 tion 108 of the National Science Foundation Au2 thorization Act of 1988 as subsection (l);

3 (2) in section 5(e) (42 U.S.C. 1864(e)) by

4 amending paragraph (2) to read as follows:

5 ‘‘(2) Any delegation of authority or imposition of con6 ditions under paragraph (1) shall be promptly published

7 in the Federal Register and reported to the Committees

8 on Labor and Human Resources and Commerce, Science,

9 and Transportation of the Senate and the Committee on

10 Science of the House of Representatives.’’;

11 (3) by inserting ‘‘be entitled to’’ between

12 ‘‘shall’’ and ‘‘receive’’, and by inserting ‘‘, including

13 traveltime,’’ after ‘‘Foundation’’ in section 14(c) (42

14 U.S.C. 1873(c));

15 (4) by striking section 14(j) (42 U.S.C.

16 1873(j)); and

17 (5) by striking ‘‘Atomic Energy Commission’’ in

18 section 15(a) (42 U.S.C. 1874(a)) and inserting in

19 lieu thereof ‘‘Secretary of Energy’’.

20 (b) NATIONAL SCIENCE FOUNDATION AUTHORIZA21 TION ACT, 1976 AMENDMENTS.—Section 6(a) of the Na22 tional Science Foundation Authorization Act, 1976 (42

23 U.S.C. 1881a(a)) is amended by striking ‘‘social,’’ the

24 first place it appears.
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1 (c) NATIONAL SCIENCE FOUNDATION AUTHORIZA2 TION ACT OF 1988 AMENDMENTS.—(1) Section

3 117(a)(1)(B)(v) of the National Science Foundation Au4 thorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is

5 amended to read as follows:

6 ‘‘(v) from schools established outside the several

7 States and the District of Columbia by any agency

8 of the Federal Government for dependents of its em9 ployees.’’.

10 (2) Section 117(a)(3)(A) of such Act (42 U.S.C.

11 1881b(3)(A)) is amended by striking ‘‘Science and Engi12 neering Education’’ and inserting in lieu thereof ‘‘Edu13 cation and Human Resources’’.

14 (d) EDUCATION FOR ECONOMIC SECURITY ACT

15 AMENDMENTS.—Section 107 of Education for Economic

16 Security Act (20 U.S.C. 3917) is repealed.

17 (e) NATIONAL AERONAUTICS AND SPACE ADMINIS18 TRATION AUTHORIZATION ACT, FISCAL YEAR 1993 RE19 PEAL.—Section 217 of the National Aeronautics and

20 Space Administration Authorization Act, Fiscal Year

21 1993 is repealed.

22 SEC. 205. INDIRECT COSTS.

23 Matching funds required pursuant to section

24 204(a)(2)(C) of the Academic Research Facilities Mod25 ernization Act of 1988 (42 U.S.C. 1862c(a)(2)(C)) shall
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1 not be considered facilities costs for purposes of determin2 ing indirect cost rates.

3 SEC. 206. RESEARCH INSTRUMENTATION AND FACILITIES.

4 The Foundation shall incorporate the guidelines set

5 forth in Important Notice No. 91, dated March 11, 1983

6 (48 Fed. Reg. 15754, April 12, 1983), relating to the use

7 and operation of Foundation-supported research instru8 mentation and facilities, in its notice of Grant General

9 Conditions, and shall examine more closely the adherence

10 of grantee organizations to such guidelines.

11 SEC. 207. FINANCIAL DISCLOSURE.

12 Persons temporarily employed by or at the Founda13 tion shall be subject to the same financial disclosure re14 quirements and related sanctions under the Ethics in Gov15 ernment Act of 1978 as are permanent employees of the

16 Foundation in equivalent positions.

17 SEC. 208. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE

18 DUTY.

19 In order to be eligible to receive funds from the Foun20 dation after September 30, 1995, an institution of higher

21 education must provide that whenever any student of the

22 institution who is a member of the National Guard, or

23 other reserve component of the Armed Forces of the Unit24 ed States, is called or ordered to active duty, other than

25 active duty for training, the institution shall grant the
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1 member a military leave of absence from their education.

2 Persons on military leave of absence from their institution

3 shall be entitled, upon release from military duty, to be

4 restored to the educational status they had attained prior

5 to their being ordered to military duty without loss of aca6 demic credits earned, scholarships or grants awarded, or

7 tuition and other fees paid prior to the commencement of

8 the military duty. It shall be the duty of the institution

9 to refund tuition or fees paid or to credit the tuition and

10 fees to the next semester or term after the termination

11 of the educational military leave of absence at the option

12 of the student.

13 SEC. 209. PROHIBITION OF LOBBYING ACTIVITIES.

14 None of the funds authorized by this Act shall be

15 used to pay the salaries or expenses of any grant or con16 tract recipient, or agent acting for such recipient, relating

17 to any activity designed to influence legislation pending

18 before the Congress.

19 SEC. 210. SCIENCE AND TECHNOLOGY POLICY INSTITUTE.

20 The Critical Technologies Institute is hereby renamed

21 the ‘‘Science and Technology Policy Institute’’.

22 SEC. 211. EDUCATIONAL IMPACT.

23 (a) FINDINGS.—The Congress finds that—

24 (1) Federal research funds made available to

25 institutions of higher education often create incen-
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1 tives for such institutions to emphasize research over

2 undergraduate teaching and to narrow the focus of

3 their graduate programs; and

4 (2) National Science Foundation funds for Re5 search and Related Activities should be spent in the

6 manner most likely to improve the quality of under7 graduate and graduate education in institutions of

8 higher education.

9 (b) EDUCATIONAL IMPACT.—(1) The impact that a

10 grant or cooperative agreement by the National Science

11 Foundation would have on undergraduate and graduate

12 education at an institution of higher education shall be

13 a factor in any decision whether to award such grant or

14 agreement to that institution.

15 (2) Paragraph (1) shall be effective with respect to

16 any grant or cooperative agreement awarded after Sep17 tember 30, 1996.

18 (c) REPORT.—The Director shall provide a plan for

19 the implementation of subsection (b) of this section, no

20 later than December 31, 1995, to the Committee on

21 Science of the House of Representatives and the Commit22 tee on Commerce, Science, and Transportation and the

23 Committee on Labor and Human Resources of the Senate.

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