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.
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
Foundation 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 affili-
ated 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
adequate 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 engi-
neering 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 Ac-
tivities, $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 Moderniza-
tion, $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 Moderniza-
tion, $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 pro-
portion.
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
Director. The determination of the Director shall be final
and conclusive upon the accounting officers of the Govern-
ment.
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
transfer under this subsection must be transmitted in
writing to the Committee on Science of the House of Rep-
resentatives, 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 explanation.
SEC. 105. FURTHER AUTHORIZATIONS.
Nothing in this Act shall preclude further authoriza-
tion of appropriations for the National Science Founda-
tion for fiscal year 1996: Provided, That authorization al-
locations adopted by the Conference Committee on House
Concurrent 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 fol-
lows:
Foundation’s planned contributions to major multi-
agency research and education initiatives;
‘‘(4) contain such recommendations as the
Foundation 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 upgrades to, national research facilities. The plan
shall include 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 fund-
ing profiles by fiscal year and milestones for major phases
of the construction. The plan shall include cost estimates
in the categories 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 capabili-
ties of existing national research facilities shall be obli-
gated unless the funds are specifically authorized for such
purpose by this Act or any other Act which is not an ap-
propriations 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 construc-
tion 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 there-
of the following: ‘‘The Director shall give priority to insti-
tutions or consortia that have not received such funds in
the preceding 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 sec-
tion 4 (42 U.S.C. 1863(k)) that was added by sec-
tion 108 of the National Science Foundation Au-
thorization 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
traveltime,’’ 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 AUTHORIZA-
TION ACT, 1976 AMENDMENTS.—Section 6(a) of the Na-
tional 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 AUTHORIZA-
TION
ACT
OF
1988 
AMENDMENTS.—(1) 
Section
117(a)(1)(B)(v) of the National Science Foundation Au-
thorization 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 em-
ployees.’’.
(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) NATIONAL AERONAUTICS AND SPACE ADMINIS-
TRATION AUTHORIZATION ACT, FISCAL YEAR 1993 RE-
PEAL.—Section 217 of the National Aeronautics and
Space Administration Authorization Act, Fiscal Year
1993 is repealed.
SEC. 205. INDIRECT COSTS.
Matching funds required pursuant to section
204(a)(2)(C) of the Academic Research Facilities Mod-
ernization Act of 1988 (42 U.S.C. 1862c(a)(2)(C)) shall
not be considered facilities costs for purposes of determin-
ing indirect cost rates.
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 Founda-
tion shall be subject to the same financial disclosure re-
quirements and related sanctions under the Ethics in Gov-
ernment Act of 1978 as are permanent employees of the
Foundation 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 Unit-
ed States, is called or ordered to active duty, other than
active duty for training, the institution shall grant the
member a military leave of absence from their education.
Persons on military leave of absence from their institution
shall be entitled, upon release from military duty, to be
restored to the educational status they had attained prior
to their being ordered to military duty without loss of aca-
demic 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
used to pay the salaries or expenses of any grant or con-
tract recipient, or agent acting for such recipient, relating
to any activity designed to influence legislation pending
before the Congress.
SEC. 210. SCIENCE AND TECHNOLOGY POLICY INSTITUTE.
The Critical Technologies Institute is hereby renamed
the ‘‘Science and Technology Policy Institute’’.
SEC. 211. EDUCATIONAL IMPACT.
(a) FINDINGS.—The Congress finds that—
(1) Federal research funds made available to
institutions of higher education often create incen-