IB
Union Calendar No. 46
105TH CONGRESS
1ST SESSION
H. R. 1273
[Report No. 105–63]
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
APRIL 21, 1997
Additional sponsors: Mr. BROWN of California, Mr. CAPPS, Ms. JACKSON-LEE
of Texas, Mr. BARCIA, Mrs. MORELLA, Mr. PICKERING, Mr. SESSIONS,
and Mr. EHLERS
APRIL 21, 1997
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 April 10, 1997]
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 Foun-
dation 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 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 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) $289,170,000 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 Mathematical
and Physical Sciences;
(F) $130,660,000 shall be for Social, Behav-
ioral, 
and 
Economic 
Sciences, 
including
$1,000,000 for the United States-Mexico Founda-
tion 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 Tech-
nologies 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 United
States-Mexico Foundation for Science.
(2) Education and Human Resources Activities,
$644,245,000.
(3) Major Research Equipment, $90,000,000, of
which no funds are authorized for the Large Hadron
Collider project at the European Organization for
Nuclear Research (CERN) unless the Director, in con-
sultation with the Secretary of Energy, has transmit-
ted 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 a report on the impacts
of such funding on the operations and viability of
United States high energy and nuclear physics
facilities.
(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 scientific di-
rectorate 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 Direc-
tor. The determination of the Director shall be final and
conclusive upon the accounting officers of the Government.
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 exist-
ing facilities, the plan shall include funding profiles by fis-
cal year and milestones for major phases of the construc-
tion. 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) STATUS OF FACILITIES UNDER CONSTRUCTION.—
The plan required under subsection (a) shall include a sta-
tus report for each uncompleted construction project in-
cluded 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 achievement of mile-
stones 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 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, 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 Gen-
eral Schedule under section 5332’’ in subsection
(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 sub-
section (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 thereof
‘‘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 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 fol-
lows:
‘‘(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) 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
PERSONS
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 participa-
tion of persons with disabilities in the science and engineer-
ing 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 fol-
lowing 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 subsection
(g) of section 3 of the National Science Foundation Act of
1950 is repealed.
SEC. 203. 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
report shall be transmitted to the Congress no later
than December 31, 1997.
SEC. 204. 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. 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 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. 206. SCIENCE AND TECHNOLOGY POLICY INSTITUTE.
(a) AMENDMENT.—Section 822 of the National Defense
Authorization Act for Fiscal Year 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 and Technology Policy
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 and Tech-
nology Policy Institute.
SEC. 207. NEXT GENERATION INTERNET.
None of the funds authorized by this Act, or any other
Act enacted before the date of the enactment of this Act,
may be used for the Next Generation Internet. Notwith-
standing the previous sentence, funds may be used for the
continuation of programs and activities that were funded
and carried out during fiscal year 1997.
SEC. 208. LIMITATIONS.
(a) PROHIBITION OF LOBBYING ACTIVITIES.—None of
the funds authorized by this Act shall be available for any
activity whose purpose is to influence legislation pending
before the Congress, except that this subsection shall not pre-
vent officers or employees of the United States or of its de-
partments or agencies from communicating to Members of
Congress on the request of any Member or to Congress,
through the proper channels, requests for legislation or ap-
propriations which they deem necessary for the efficient
conduct of the public business.
(b) LIMITATION ON APPROPRIATIONS.—No sums are
authorized to be appropriated to the Director for fiscal
years 1998 and 1999 for the activities for which sums are
authorized by this Act, unless such sums are specifically au-
thorized to be appropriated by this Act.
(c) ELIGIBILITY FOR AWARDS.—
(1) IN
GENERAL.—The Director shall exclude
from consideration for grant agreements made by the
Foundation after fiscal year 1997 any person who re-
ceived funds, other than those described in paragraph
(2), appropriated for a fiscal year after fiscal year
1997, under a grant agreement from any Federal
funding source for a project that was not subjected to
a competitive, merit-based award process. Any exclu-
sion from consideration pursuant to this subsection
shall be effective for a period of 5 years after the per-
son receives such Federal funds.
(2) EXCEPTION.—Paragraph (1) shall not apply
to the receipt of Federal funds by a person due to the
membership of that person in a class specified by law
for which assistance is awarded to members of the
class according to a formula provided by law.
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘grant agreement’’ means a legal in-
strument whose principal purpose is to transfer a
thing of value to the recipient to carry out a public
purpose of support or stimulation authorized by a
law of the United States, and does not include the ac-
quisition (by purchase, lease, or barter) of property or
services for the direct benefit or use of the United
States Government. Such term does not include a co-
operative agreement (as such term is used in section
6305 of title 31, United States Code) or a cooperative
research and development agreement (as such term is
defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(1))).
SEC. 209. NOTICE.
(a) NOTICE OF REPROGRAMMING.—If any funds au-
thorized by this Act are subject to a reprogramming action
that requires notice to be provided to the Appropriations
Committees of the House of Representatives and the Senate,
notice of such action shall concurrently be provided to the
Committee on Science of the House of Representatives and
the Committees on Labor and Human Resources and Com-
merce, Science, and Transportation of the Senate.
(b) NOTICE OF REORGANIZATION.—The Director shall
provide notice to the Committees on Science and Appro-
priations of the House of Representatives, and the Commit-
tees on Labor and Human Resources, Commerce, Science,
and Transportation, and Appropriations of the Senate, not
later than 15 days before any major reorganization of any
program, project, or activity of the Foundation.
SEC. 210. SENSE OF CONGRESS ON THE YEAR 2000
PROBLEM.
With the year 2000 fast approaching, it is the sense
of Congress that the Foundation should—
(1) give high priority to correcting all 2-digit
date-related problems in its computer systems to en-
sure that those systems continue to operate effectively
in the year 2000 and beyond;
(2) assess immediately the extent of the risk to
the operations of the Foundation posed by the prob-
lems referred to in paragraph (1), and plan and
budget for achieving Year 2000 compliance for all of
its mission-critical systems; and
(3) develop contingency plans for those systems
that the Foundation is unable to correct in time.
SEC. 
211. 
NATIONAL 
OCEANOGRAPHIC 
PARTNERSHIP
PROGRAM.
The National Science Foundation is authorized to par-
ticipate in the National Oceanic Partnership Program es-
tablished by the National Oceanic Partnership Act (Public
Law 104–201).
SEC. 212. BUY AMERICAN.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—No
funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through
4 of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popu-
larly known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of Congress that entities receiving such assistance
should, in expending the assistance, purchase only Amer-
ican-made equipment and products.
(c) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro-
viding financial assistance under this Act, the Director
shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a) by the
Congress.