IB
Union Calendar No. 124
104TH CONGRESS
1ST SESSION
H. R. 1852
[Report No. 104–231]
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
AUGUST 4, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 15, 1995]
A BILL
To authorize appropriations for the National Science
Foundation, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Science Foun-
dation Authorization Act of 1995’’.
SEC. 2. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Director’’ means the Director of the
Foundation;
(2) the term ‘‘Foundation’’ means the National
Science Foundation;
(3) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965;
(4) 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; and
(5) 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. AUTHORIZATION OF APPROPRIATIONS.
(a) FINDINGS.—The Congress finds that—
(1) the programs of the Foundation are impor-
tant for the Nation to strengthen basic research and
develop human resources in science and engineering,
and that those programs should be funded at an ade-
quate level;
(2) the primary mission of the Foundation con-
tinues to be the support of basic scientific research
and science education and the support of research
fundamental to the engineering process and engineer-
ing education; and
(3) the Foundation’s efforts to contribute to the
economic competitiveness of the United States should
be in accord with that primary mission.
(b) FISCAL YEAR 1996.—There are authorized to be
appropriated to the Foundation $3,126,000,000 for fiscal
year 1996, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,226,300,000, which shall be available for the fol-
lowing subcategories:
(A) Mathematical and Physical Sciences,
$632,200,000.
(B) Engineering, $311,600,000.
(C) Biological Sciences, $293,300,000.
(D) Geosciences, $408,800,000.
(E) Computer and Information Science and
Engineering, $249,500,000.
(F) Social, Behavioral, and Economic
Sciences, $111,300,000.
(G) United States Polar Research Pro-
grams, $156,000,000.
(H) United States Antarctic Logistical
Support Activities, $62,600,000.
(I) 
Critical 
Technologies 
Institute,
$1,000,000.
(2) Education and Human Resources Activities,
$600,000,000.
(3) Major Research Equipment, $70,000,000.
(4) Academic Research Facilities Modernization,
$100,000,000.
(5) Salaries and Expenses, $120,000,000.
(6) Office of Inspector General, $4,500,000.
(7) Headquarters Relocation, $5,200,000.
(c) FISCAL YEAR 1997.—There are authorized to be
appropriated to the Foundation $3,171,400,000 for fiscal
year 1997, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,286,200,000.
(2) Education and Human Resources Activities,
$600,000,000.
(3) Major Research Equipment, $55,000,000.
(4) Academic Research Facilities Modernization,
$100,000,000.
(5) Salaries and Expenses, $120,000,000.
(6) Office of Inspector General, $5,000,000.
(7) Headquarters Relocation, $5,200,000.
SEC. 102. PROPORTIONAL REDUCTION OF RESEARCH AND
RELATED ACTIVITIES AMOUNTS.
If the amount appropriated pursuant to section
101(b)(1) is less than the amount authorized under that
paragraph, the amount authorized for each subcategory
under that paragraph shall be reduced by the same propor-
tion.
SEC. 
103. 
CONSULTATION 
AND 
REPRESENTATION 
EX-
PENSES.
From appropriations made under authorizations pro-
vided in this Act, not more than $10,000 may be used in
each fiscal year for official consultation, representation, or
other extraordinary expenses at the discretion of the Direc-
tor. The determination of the Director shall be final and
conclusive upon the accounting officers of the Government.
SEC. 104. REPROGRAMMING.
(a) $500,000 OR LESS.—In any given fiscal year, the
Director may transfer appropriated funds among the
subcategories of Research and Related Activities, so long as
the net funds transferred to or from any subcategory do not
exceed $500,000.
(b) GREATER THAN $500,000.—In addition, the Di-
rector may propose transfers to or from any subcategory
exceeding $500,000. An explanation of any proposed trans-
fer under this subsection must be transmitted in writing
to the Committee on Science of the House of Representa-
tives, and the Committees on Labor and Human Resources
and Commerce, Science, and Transportation of the Senate.
The proposed transfer may be made only when 30 calendar
days have passed after transmission of such written expla-
nation.
SEC. 105. FURTHER AUTHORIZATIONS.
Nothing in this Act shall preclude further authoriza-
tion of appropriations for the National Science Foundation
for fiscal year 1996: Provided, That authorization alloca-
tions adopted by the Conference Committee on House Con-
current Resolution 67, and approved by Congress, allow for
such further authorizations.
TITLE II—GENERAL PROVISIONS
SEC. 201. ANNUAL REPORT.
Section 3(f) of the National Science Foundation Act
of 1950 (42 U.S.C. 1862(f)) is amended to read as follows:
‘‘(f) The Foundation shall provide an annual report
to the President which shall be submitted by the Director
to the Congress at the time of the President’s annual budget
submission. The report shall—
‘‘(1) contain a strategic plan, or an update to a
previous strategic plan, which—
‘‘(A) defines for a three-year period the
overall goals for the Foundation and specific
goals for each major activity of the Foundation,
including each scientific directorate, the edu-
cation directorate, and the polar programs office;
and
‘‘(B) describe how the identified goals relate
to national needs and will exploit new opportu-
nities in science and technology;
‘‘(2) identify the criteria and describe the proce-
dures which the Foundation will use to assess
progress toward achieving the goals identified in ac-
cordance with paragraph (1);
‘‘(3) review the activities of the Foundation dur-
ing the preceding year which have contributed toward
achievement of goals identified in accordance with
paragraph (1) and summarize planned activities for
the coming three years in the context of the identified
goals, with particular emphasis on the Foundation’s
planned contributions to major multi-agency research
and education initiatives;
‘‘(4) contain such recommendations as the Foun-
dation considers appropriate; and
‘‘(5) include information on the acquisition and
disposition by the Foundation of any patents and
patent rights.’’.
SEC. 202. NATIONAL RESEARCH FACILITIES.
(a) FACILITIES PLAN.—The Director shall provide to
Congress annually, as a part of the report required under
section 3(f) of the National Science Foundation Act of 1950,
a plan for the proposed construction of, and repair and up-
grades to, national research facilities. The plan shall in-
clude estimates of the cost for such construction, repairs,
and upgrades, and estimates of the cost for the operation
and maintenance of existing and proposed new facilities.
For proposed new construction and for major upgrades to
existing facilities, the plan shall include funding profiles
by fiscal year and milestones for major phases of the con-
struction. The plan shall include cost estimates in the cat-
egories of construction, repair, and upgrades for the year
in which the plan is submitted to Congress and for not fewer
than the succeeding 4 years.
(b) LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.—No funds appropriated for any project
which involves construction of new national research facili-
ties or construction necessary for upgrading the capabilities
of existing national research facilities shall be obligated un-
less the funds are specifically authorized for such purpose
by this Act or any other Act which is not an appropriations
Act, or unless the total estimated cost to the Foundation
of the construction project is less than $50,000,000. This
subsection shall not apply to construction projects approved
by the National Science Board prior to June 30, 1994.
SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.
Section 203(b) of the Academic Research Facilities
Modernization Act of 1988 is amended by striking the final
sentence of paragraph (3) and inserting in lieu thereof the
following: ‘‘The Director shall give priority to institutions
or consortia that have not received such funds in the preced-
ing 5 years, except that this sentence shall not apply to
previous funding received for the same multiyear project.’’.
SEC. 204. 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) by redesignating the subsection (k) of section
4 (42 U.S.C. 1863(k)) that was added by section 108
of the National Science Foundation Authorization Act
of 1988 as subsection (l);
(2) in section 5(e) (42 U.S.C. 1864(e)) by
amending paragraph (2) to read as follows:
‘‘(2) Any delegation of authority or imposition of con-
ditions under paragraph (1) shall be promptly published
in the Federal Register and reported to the Committees on
Labor and Human Resources and Commerce, Science, and
Transportation of the Senate and the Committee on Science
of the House of Representatives.’’;
(3) by inserting ‘‘be entitled to’’ between ‘‘shall’’
and ‘‘receive’’, and by inserting ‘‘, including travel-
time,’’ after ‘‘Foundation’’ in section 14(c) (42 U.S.C.
1873(c));
(4) by striking section 14(j) (42 U.S.C. 1873(j));
and
(5) by striking ‘‘Atomic Energy Commission’’ in
section 15(a) (42 U.S.C. 1874(a)) and inserting in
lieu thereof ‘‘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.—(1) Section 117(a)(1)(B)(v)
of the National Science Foundation Authorization Act of
1988 (42 U.S.C. 1881b(1)(B)(v)) is amended to read as
follows:
‘‘(v) from schools established outside the several
States and the District of Columbia by any agency of
the Federal Government for dependents of its employ-
ees.’’.
(2) Section 117(a)(3)(A) of such Act (42 U.S.C.
1881b(3)(A)) is amended by striking ‘‘Science and Engi-
neering Education’’ and inserting in lieu thereof ‘‘Edu-
cation and Human Resources’’.
(d) EDUCATION
FOR
ECONOMIC
SECURITY
ACT
AMENDMENTS.—Section 107 of Education for Economic
Security Act (20 U.S.C. 3917) is repealed.
(e) TECHNICAL AMENDMENT.—The second subsection
(g) of section 3 of the National Science Foundation Act of
1950 is repealed.
SEC. 205. INDIRECT COSTS.
(a) MATCHING FUNDS.—Matching funds required pur-
suant to section 204(a)(2)(C) of the Academic Research Fa-
cilities 
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.
(b) REPORT.—The Director of the Office of Science and
Technology Policy, in consultation with other relevant
agencies, shall prepare a report analyzing what steps would
be needed to—
(1) reduce by 10 percent the proportion of Fed-
eral assistance to institutions of higher education that
are allocated for indirect costs; and
(2) reduce the variance among indirect cost rates
of different institutions of higher education,
including an evaluation of the relative benefits and burdens
of each option on institutions of higher education. Such re-
port shall be transmitted to the Congress no later than De-
cember 31, 1995.
SEC. 206. RESEARCH INSTRUMENTATION AND FACILITIES.
The Foundation shall incorporate the guidelines set
forth in Important Notice No. 91, dated March 11, 1983
(48 Fed. Reg. 15754, April 12, 1983), relating to the use
and operation of Foundation-supported research instru-
mentation and facilities, in its notice of Grant General
Conditions, and shall examine more closely the adherence
of grantee organizations to such guidelines.
SEC. 207. FINANCIAL DISCLOSURE.
Persons temporarily employed by or at the Foundation
shall be subject to the same financial disclosure require-
ments and related sanctions under the Ethics in Govern-
ment Act of 1978 as are permanent employees of the Foun-
dation in equivalent positions.
SEC. 208. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE
DUTY.
In order to be eligible to receive funds from the Foun-
dation after September 30, 1995, an institution of higher
education must provide that whenever any student of the
institution who is a member of the National Guard, or other
reserve component of the Armed Forces of the United States,
is called or ordered to active duty, other than active duty
for training, the institution shall grant the member a mili-
tary leave of absence from their education. Persons on mili-
tary leave of absence from their institution shall be entitled,
upon release from military duty, to be restored to the edu-
cational status they had attained prior to their being or-
dered to military duty without loss of academic credits
earned, scholarships or grants awarded, or tuition and
other fees paid prior to the commencement of the military
duty. It shall be the duty of the institution to refund tuition
or fees paid or to credit the tuition and fees to the next
semester or term after the termination of the educational
military leave of absence at the option of the student.
SEC. 209. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act shall be avail-
able for any activity whose purpose is to influence legisla-
tion pending before the Congress, provided that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to Mem-
bers of Congress on the request of any Member or to Con-
gress, through the proper channels, requests for legislation
or appropriations which they deem necessary for the effi-
cient conduct of the public business.
SEC. 210. SCIENCE STUDIES INSTITUTE.
(a) AMENDMENT.—Section 822 of the National Defense
Authorization Act for Fiscal 1991 (42 U.S.C. 6686) is
amended—
(1) by striking ‘‘Critical Technologies Institute’’
in the section heading and in subsection (a), and in-
serting in lieu thereof ‘‘Science Studies Institute’’;
(2) in subsection (b) by striking ‘‘As determined
by the chairman of the committee referred to in sub-
section (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 para-
graph (3) of this subsection—
(A) by inserting ‘‘science and’’ after ‘‘devel-
opments and trends in’’ in paragraph (1);
(B) by striking ‘‘with particular emphasis’’
in paragraph (1) and all that follows through
the end of such paragraph and inserting in lieu
thereof ‘‘and developing and maintaining rel-
evant informational and analytical tools.’’;
(C) by striking ‘‘to determine’’ and all that
follows through ‘‘technology policies’’ in para-
graph (2) and inserting in lieu thereof ‘‘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’’;
(D) by amending paragraph (3) to read as
follows:
‘‘(3) Initiation of studies and analysis of alter-
natives available for ensuring the long-term strength
of the United States in the development and applica-
tion of science and 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.’’;
(E) by inserting ‘‘science and’’ after ‘‘Exec-
utive branch on’’ in paragraph (4)(A); and
(F) 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) in subsection (d), as so redesignated by para-
graph (3) of this subsection, by striking ‘‘subsection
(d)’’ and inserting in lieu thereof ‘‘subsection (c)’’;
and
(6) by amending subsection (f), as so redesig-
nated by paragraph (3) of this subsection, to read as
follows:
‘‘(f) SPONSORSHIP.—The Director of the Office of
Science and Technology Policy shall be the sponsor of the
Institute.’’.
(b) CONFORMING USAGE.—All references in Federal
law or regulations to the Critical Technologies Institute
shall be considered to be references to the Science Studies
Institute.
SEC. 211. EDUCATIONAL IMPACT.
(a) FINDINGS.—The Congress finds that—
(1) Federal research funds made available to in-
stitutions of higher education often create incentives
for such institutions to emphasize research over un-
dergraduate teaching and to narrow the focus of their
graduate programs; and
(2) National Science Foundation funds for Re-
search and Related Activities should be spent in the
manner most likely to improve the quality of under-
graduate and graduate education in institutions of
higher education.
(b) EDUCATIONAL IMPACT.—(1) The impact that a
grant or cooperative agreement by the National Science
Foundation would have on undergraduate and graduate
education at an institution of higher education shall be a
factor in any decision whether to award such grant or
agreement to that institution.
(2) Paragraph (1) shall be effective with respect to any
grant or cooperative agreement awarded after September
30, 1996.
(c) REPORT.—The Director shall provide a plan for
the implementation of subsection (b) of this section, no later
than December 31, 1995, to the Committee on Science of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation and the Committee on
Labor and Human Resources of the Senate.
SEC. 212. DIVISIONS OF THE FOUNDATION.
(a) AMENDMENT.—Section 8 of the National Science
Foundation Act of 1950 (42 U.S.C. 1866) is amended by
inserting ‘‘The Director may appoint, in consultation with
the Board, not more than 6 Assistant Directors to assist
in managing the Divisions.’’ after ‘‘time to time deter-
mine.’’.
(b) REPORT.—By November 15, 1995, the Director
shall transmit to the Congress a report on the reorganiza-
tion of the National Science Foundation required as a re-
sult of the amendment made by subsection (a).
SEC. 213. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year 1996
for the activities of the National Science Foundation unless
such sums are specifically authorized to be appropriated by
this Act.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities of the National Science Founda-
tion unless such sums are specifically authorized to be ap-
propriated by Act of Congress with respect to such fiscal
year.
SEC. 214. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Director shall exclude from
consideration for awards of financial assistance made by
the National Science Foundation after fiscal year 1995 any
person who received funds, other than those described in
subsection (b), appropriated for a fiscal year after fiscal
year 1995, from any Federal funding source for a project
that was not subjected to a competitive, merit-based award
process. Any exclusion from consideration pursuant to this
section shall be effective for a period of 5 years after the
person receives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified by
law for which assistance is awarded to members of the class
according to a formula provided by law.
HR 1852 RH——2