IIA
105TH CONGRESS
1ST SESSION
H. R. 1273
IN THE SENATE OF THE UNITED STATES
APRIL 24, 1997
Received; read twice and referred to the Committee on Labor and Human
Resources
AN ACT
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,
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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.
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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;
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(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 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.
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(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,
of which no funds are authorized for the Large
Hadron Collider project at the European Organiza-
tion for Nuclear Research (CERN) unless the Direc-
tor, in consultation with the Secretary of Energy,
has transmitted to the Committee on Science of the
House of Representatives 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 nu-
clear physics facilities.
(4) Salaries and Expenses, $134,385,000.
(5) Office of Inspector General, $5,000,000.
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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
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.
SEC. 104. UNITED STATES MAN AND THE BIOSPHERE PRO-
GRAM LIMITATION.
No funds appropriated pursuant to this Act shall be
used for the United States Man and the Biosphere Pro-
gram, or related projects.
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
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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
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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
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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
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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:
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‘‘(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-
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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-
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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
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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 De-
fense 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 Pol-
icy 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—
(A) by inserting ‘‘science and’’ after ‘‘de-
velopments and trends in’’ in paragraph (1);
(B) by striking ‘‘with particular emphasis’’
in paragraph (1) and all that follows through
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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 govern-
ments, private industry, and institutions of higher
education in the development and application of
science and technology.’’;
(E) by inserting ‘‘science and’’ after ‘‘Ex-
ecutive branch on’’ in paragraph (4)(A); and
(F) by amending paragraph (4)(B) to read
as follows:
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‘‘(B) to the interagency committees and
panels of the Federal Government concerned
with science and technology.’’;
(5) in subsection (d), as so redesignated by
paragraph (3) of this subsection, by striking ‘‘sub-
section (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
Technology 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. Not-
withstanding the previous sentence, funds may be used for
the continuation of programs and activities that were
funded and carried out during fiscal year 1997.
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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 pend-
ing before the Congress, except that this subsection shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to
Members of Congress on the request of any Member or
to Congress, through the proper channels, requests for leg-
islation or appropriations 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
authorized 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 received 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 proc-
ess. Any exclusion from consideration pursuant to
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this subsection shall be effective for a period of 5
years after the person 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 pro-
vided by law.
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘grant agreement’’ means a legal
instrument 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
acquisition (by purchase, lease, or barter) of prop-
erty or services for the direct benefit or use of the
United States Government. Such term does not in-
clude a cooperative 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))).
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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 Sen-
ate, notice of such action shall concurrently be provided
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 Sen-
ate.
(b) NOTICE
OF REORGANIZATION.—The Director
shall provide notice to the Committees on Science and Ap-
propriations of the House of Representatives, and the
Committees on Labor and Human Resources, Commerce,
Science, and Transportation, and Appropriations of the
Senate, not later than 15 days before any major reorga-
nization of any program, project, or activity of the Foun-
dation.
SEC. 210. SENSE OF CONGRESS ON THE YEAR 2000 PROB-
LEM.
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 effec-
tively in the year 2000 and beyond;