I
105TH CONGRESS
1ST SESSION
H. R. 1273
To authorize appropriations for fiscal years 1998 and 1999 for the National
Science Foundation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. SCHIFF introduced the following bill; which was referred to the Committee
on Science
A BILL
To authorize appropriations for fiscal years 1998 and 1999
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 1997’’.
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 1998.—There are authorized to be
appropriated to the Foundation $3,505,630,000 for fiscal
year 1998, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,563,330,000, of which—
(A) $330,820,000 shall be for Biological
Sciences;
(B) $284,170,000 shall be for Computer
and Information Science and Engineering;
(C) $360,470,000 shall be for Engineering;
(D) $452,610,000 shall be for Geosciences;
(E) $715,710,000 shall be for Mathemati-
cal and Physical Sciences;
(F) $130,660,000 shall be for Social, Be-
havioral, and Economic Sciences, including
$1,000,000 for the United States-Mexico Foun-
dation for Science;
(G) $165,930,000 shall be for United
States Polar Research Programs;
(H) $62,600,000 shall be for United
States Antarctic Logistical Support Activities;
and
(I) $2,730,000 shall be for the Critical
Technologies Institute.
(2) Education and Human Resources Activities,
$625,500,000.
(3) Major Research Equipment, $175,000,000.
(4) Salaries and Expenses, $136,950,000, of
which $5,200,000 shall be for Headquarters Reloca-
tion.
(5) Office of Inspector General, $4,850,000.
(c) FISCAL YEAR 1999.—There are authorized to be
appropriated to the Foundation $3,613,630,000 for fiscal
year 1999, which shall be available for the following cat-
egories:
(1) 
Research 
and 
Related 
Activities,
$2,740,000,000, including $1,000,000 for the Unit-
ed States-Mexico Foundation for Science.
(2) Education and Human Resources Activities,
$644,245,000.
(3) Major Research Equipment, $90,000,000.
(4) Salaries and Expenses, $134,385,000.
(5) Office of Inspector General, $5,000,000.
SEC. 102. PROPORTIONAL REDUCTION OF RESEARCH AND
RELATED ACTIVITIES AMOUNTS.
If the amount appropriated pursuant to section
101(b)(1) or (c)(1) is less than the amount authorized
under that paragraph, the amount available for each sci-
entific directorate under that paragraph shall be reduced
by the same proportion.
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.
TITLE II—GENERAL PROVISIONS
SEC. 201. NATIONAL RESEARCH FACILITIES.
(a) FACILITIES PLAN.—The Director shall provide to
Congress, not later than December 1 of each year, a plan
for the proposed construction of, and repair and upgrades
to, national research facilities. The plan shall include esti-
mates of the cost for such construction, repairs, and up-
grades, 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 ex-
isting 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) STATUS
OF FACILITIES UNDER CONSTRUC-
TION.—The plan required under subsection (a) shall in-
clude a status report for each uncompleted construction
project included in the current and previous plans. The
status report shall include data on cumulative construction
costs by project compared with estimated costs, and shall
compare the current and original schedules for achieve-
ment of milestones for major phases of the construction.
(c) 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, 1997.
SEC. 202. 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) in section 4 (42 U.S.C. 1863)—
(A) by striking ‘‘the appropriate rate pro-
vided for individuals in grade GS–18 of the
General Schedule under section 5332’’ in sub-
section (g) and inserting in lieu thereof ‘‘the
maximum rate payable under section 5376’’;
and
(B) by redesignating the subsection (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) in section 14(c) (42 U.S.C. 1873(c))—
(A) by inserting ‘‘be entitled to’’ between
‘‘shall’’ and ‘‘receive’’;
(B) by inserting ‘‘, including traveltime,’’
after ‘‘Foundation’’;
(C) by striking ‘‘the rate specified for the
daily rate for GS–18 of the General Schedule
under section 5332’’ and inserting in lieu there-
of ‘‘the maximum rate payable under section
5376’’; and
(D) by adding at the end the following new
sentence: ‘‘Members of the Board and special
commissions may waive compensation and reim-
bursement for travel expenses.’’; and
(4) 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) SCIENCE AND ENGINEERING EQUAL OPPORTUNI-
TIES ACT AMENDMENTS.—The Science and Engineering
Equal Opportunities Act is amended—
(1) in section 34 (42 U.S.C. 1885b))—
(A) by amending the section heading to
read as follows: ‘‘PARTICIPATION IN SCIENCE
AND ENGINEERING OF MINORITIES AND PER-
SONS WITH DISABILITIES’’; and
(B) by amending subsection (b) to read as
follows:
‘‘(b) The Foundation is authorized to undertake or
support programs and activities to encourage the partici-
pation of persons with disabilities in the science and engi-
neering professions.’’; and
(2) in section 36 (42 U.S.C. 1885c))—
(A) by striking ‘‘minorities, ’’ and all that
follows through ‘‘in scientific’’ in subsection (a)
and inserting in lieu thereof ‘‘minorities, and
persons with disabilities in scientific’’;
(B) in subsection (b)—
(i) by striking ‘‘with the concurrence
of the National Science Board’’; and
(ii) by amending the second sentence
thereof to read as follows: ‘‘In addition, the
Chairman of the National Science Board
may designate a member of the Board as
a member of the Committee.’’;
(C) by striking subsections (c) and (d);
(D) by redesignating subsections (e) and
(f) as subsections (d) and (e), respectively;
(E) by inserting after subsection (b) the
following new subsection:
‘‘(c) The Committee shall be responsible for reviewing
and evaluating all Foundation matters relating to partici-
pation in, opportunities for, and advancement in edu-
cation, training, and research in science and engineering
of women, minorities, and persons with disabilities.’’; and
(F) in subsection (d), as so redesignated
by subparagraph (D) of this paragraph, by
striking ‘‘additional’’.
(e) TECHNICAL
AMENDMENT.—The second sub-
section (g) of section 3 of the National Science Foundation
Act of 1950 is repealed.
SEC. 203. INDIRECT COSTS.
(a) MATCHING FUNDS.—Matching funds required
pursuant to section 204(a)(2)(C) of the Academic Re-
search Facilities 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, in-
cluding an evaluation of the relative benefits and
burdens of each option on institutions of higher edu-
cation. Such report shall be transmitted to the Con-
gress no later than December 31, 1997.
SEC. 204. 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. 205. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE
DUTY.
In order to be eligible to receive funds from the Foun-
dation after September 30, 1997, 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. 206. SCIENCE STUDIES INSTITUTE.
(a) AMENDMENT.—Section 822 of the National De-
fense 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 deter-
mined by the chairman of the committee referred to
in subsection (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
paragraph (3) of this subsection—