[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1273 Enrolled Bill (ENR)]

        H.R.1273

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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 Representatives 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 1998''.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Director.--The term ``Director'' means the Director of the 
    National Science Foundation established under section 2 of the 
    National Science Foundation Act of 1950 (42 U.S.C. 1861).
        (2) Foundation.--The term ``Foundation'' means the National 
    Science Foundation established under section 2 of the National 
    Science Foundation Act of 1950 (42 U.S.C. 1861).
        (3) Board.--The term ``Board'' means the National Science Board 
    established under section 2 of the National Science Foundation Act 
    of 1950 (42 U.S.C. 1861).
        (4) United states.--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.
        (5) National research facility.--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.

           TITLE I--NATIONAL SCIENCE FOUNDATION AUTHORIZATION

SEC. 101. FINDINGS; CORE STRATEGIES.

    (a) Findings.--Congress finds the following:
        (1) The United States depends upon its scientific and 
    technological capabilities to preserve the military and economic 
    security of the United States.
        (2) America's leadership in the global marketplace is dependent 
    upon a strong commitment to education, basic research, and 
    development.
        (3) A nation that is not technologically literate cannot 
    compete in the emerging global economy.
        (4) A coordinated commitment to mathematics and science 
    instruction at all levels of education is a necessary component of 
    successful efforts to produce technologically literate citizens.
        (5) Professional development is a necessary component of 
    efforts to produce system-wide improvements in mathematics, 
    engineering, and science education in secondary, elementary, and 
    postsecondary settings.
        (6)(A) The mission of the National Science Foundation is to 
    provide Federal support for basic scientific and engineering 
    research, and to be a primary contributor to mathematics, science, 
    and engineering education at academic institutions in the United 
    States.
        (B) In accordance with such mission, the long-term goals of the 
    National Science Foundation include providing leadership to--
            (i) enable the United States to maintain a position of 
        world leadership in all aspects of science, mathematics, 
        engineering, and technology;
            (ii) promote the discovery, integration, dissemination, and 
        application of new knowledge in service to society; and
            (iii) achieve excellence in United States science, 
        mathematics, engineering, and technology education at all 
        levels.
    (b) Core Strategies.--In carrying out activities designed to 
achieve the goals described in subsection (a), the Foundation shall use 
the following core strategies:
        (1) Develop intellectual capital, both people and ideas, with 
    particular emphasis on groups and regions that traditionally have 
    not participated fully in science, mathematics, and engineering.
        (2) Strengthen the scientific infrastructure by investing in 
    facilities planning and modernization, instrument acquisition, 
    instrument design and development, and shared-use research 
    platforms.
        (3) Integrate research and education through activities that 
    emphasize and strengthen the natural connections between learning 
    and inquiry.
        (4) Promote partnerships with industry, elementary and 
    secondary schools, community colleges, colleges and universities, 
    other agencies, State and local governments, and other institutions 
    involved in science, mathematics, and engineering to enhance the 
    delivery of math and science education and improve the 
    technological literacy of the citizens of the United States.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 1998.--
        (1) In general.--There are authorized to be appropriated to the 
    Foundation $3,505,630,000 for fiscal year 1998.
        (2) Specific allocations.--Of the amount authorized under 
    paragraph (1)--
            (A) $2,576,200,000 shall be made available to carry out 
        Research and Related Activities, of which--
                (i) $370,820,000 shall be made available for Biological 
            Sciences;
                (ii) $289,170,000 shall be made available for Computer 
            and Information Science and Engineering;
                (iii) $360,470,000 shall be made available for 
            Engineering;
                (iv) $455,110,000 shall be made available for 
            Geosciences;
                (v) $715,710,000 shall be made available for 
            Mathematical and Physical Sciences;
                (vi) $130,660,000 shall be made available for Social, 
            Behavioral, and Economic Sciences, of which up to 
            $1,000,000 may be made available for the United States-
            Mexico Foundation for Science;
                (vii) $165,930,000 shall be made available for United 
            States Polar Research Programs;
                (viii) $62,600,000 shall be made available for United 
            States Antarctic Logistical Support Activities;
                (ix) $2,730,000 shall be made available for the 
            Critical Technologies Institute; and
                (x) $23,000,000 shall be made available for the Next 
            Generation Internet program;
            (B) $632,500,000 shall be made available to carry out 
        Education and Human Resources Activities;
            (C) $155,130,000 shall be made available for Major Research 
        Equipment;
            (D) $136,950,000 shall be made available for Salaries and 
        Expenses; and
            (E) $4,850,000 shall be made available for the Office of 
        Inspector General.
    (b) Fiscal Year 1999.--
        (1) In general.--There are authorized to be appropriated to the 
    Foundation $3,773,000,000 for fiscal year 1999.
        (2) Specific allocations.--Of the amount authorized under 
    paragraph (1)--
            (A) $2,846,800,000 shall be made available to carry out 
        Research and Related Activities, of which--
                (i) $417,820,000 shall be made available for Biological 
            Sciences;
                (ii) $331,140,000 shall be made available for Computer 
            and Information Science and Engineering, including 
            $25,000,000 for the Next Generation Internet program;
                (iii) $400,550,000 shall be made available for 
            Engineering;
                (iv) $507,310,000 shall be made available for 
            Geosciences;
                (v) $792,030,000 shall be made available for 
            Mathematical and Physical Sciences;
                (vi) $150,260,000 shall be made available for Social, 
            Behavioral, and Economic Sciences, of which up to 
            $2,000,000 may be made available for the United States-
            Mexico Foundation for Science;
                (vii) $182,360,000 shall be made available for United 
            States Polar Research Programs;
                (viii) $62,600,000 shall be made available for United 
            States Antarctic Logistical Support Activities;
                (ix) $2,730,000 shall be made available for the 
            Critical Technologies Institute; and
            (B) $683,000,000 shall be made available to carry out 
        Education and Human Resources Activities;
            (C) $94,000,000 shall be made available for Major Research 
        Equipment;
            (D) $144,000,000 shall be made available for Salaries and 
        Expenses; and
            (E) $5,200,000 shall be made available for the Office of 
        Inspector General.
    (c) Fiscal Year 2000.--
        (1) In general.--There are authorized to be appropriated to the 
    Foundation $3,886,190,000 for fiscal year 2000.
        (2) Specific allocations.--Of the amount authorized under 
    paragraph (1)--
            (A) $2,935,024,000 shall be made available to carry out 
        Research and Related Activities, of which up to--
                (i) $2,000,000 may be made available for the United 
            States-Mexico Foundation for Science; and
                (ii) $25,000,000 may be made available for the Next 
            Generation Internet program;
            (B) $703,490,000 shall be made available to carry out 
        Education and Human Resources Activities;
            (C) $94,000,000 shall be made available for Major Research 
        Equipment;
            (D) $148,320,000 shall be made available for Salaries and 
        Expenses; and
            (E) $5,356,000 shall be made available for the Office of 
        Inspector General.

SEC. 103. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED ACTIVITIES 
              AMOUNTS.

    If the amount appropriated pursuant to section 102(a)(2)(A) or 
(b)(2)(A) 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. 104. CONSULTATION AND REPRESENTATION EXPENSES.

    From appropriations made under authorizations provided in this Act, 
not more than $10,000 may be used in each fiscal year for official 
consultation, representation, or other extraordinary expenses. The 
Director shall have the discretion to determine the expenses (as 
described in this section) for which the funds described in this 
section shall be used. Such a determination by the Director shall be 
final and binding on the accounting officers of the Federal Government.

SEC. 105. UNITED STATES MAN AND THE BIOSPHERE PROGRAM LIMITATION.

    No funds appropriated pursuant to this Act shall be used for the 
United States Man and the Biosphere Program, or related projects.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. NATIONAL RESEARCH FACILITIES.

    (a) Facilities Plan.--
        (1) In general.--Not later than December 1, of each year, the 
    Director shall, as part of the annual budget request, prepare and 
    submit to Congress a plan for the proposed construction of, and 
    repair and upgrades to, national research facilities.
        (2) Contents of the plan.--The plan shall include--
            (A) estimates of the costs for the construction, repairs, 
        and upgrades described in paragraph (1);
            (B) estimates of the costs for the operation and 
        maintenance of existing and proposed new facilities; and
            (C) in the case of proposed new construction and for major 
        upgrades to existing facilities, funding profiles, by fiscal 
        year, and milestones for major phases of the construction.
        (3) Special rule.--The plan shall include cost estimates in the 
    categories of construction, repair, and upgrades--
            (A) for the year in which the plan is submitted to 
        Congress; and
            (B) for not fewer than the succeeding 4 years.
    (b) Status of Facilities Under Construction.--The plan required 
under subsection (a) shall include a status report for each uncompleted 
construction project included in 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 milestones for the major phases 
of the construction.

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(g) (42 U.S.C. 1863(g))--
            (A) by striking ``the appropriate rate provided for 
        individuals in grade GS-18 of the General Schedule under 
        section 5332'' and inserting ``the maximum rate payable under 
        section 5376''; and
            (B) by redesignating the second subsection (k) as 
        subsection (l);
        (2) in section 5(e) (42 U.S.C. 1864(e)) by striking paragraph 
    (2), and inserting the following:
    ``(2) Any delegation of authority or imposition of conditions under 
paragraph (1) shall be promptly published in the Federal Register and 
reported to the Committee on Labor and Human Resources, and the 
Committee on 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 striking ``shall receive'' and inserting ``shall be 
        entitled to receive'';
            (B) by striking ``the rate specified for the daily rate for 
        GS-18 of the General Schedule under section 5332'' and 
        inserting ``the maximum rate payable under section 5376''; and
            (C) by adding at the end the following: ``For the purposes 
        of determining the payment of compensation under this 
        subsection, the time spent in travel by any member of the Board 
        or any member of a special commission shall be deemed as time 
        engaged in the business of the Foundation. Members of the Board 
        and members of special commissions may waive compensation and 
        reimbursement for traveling expenses.''; and
        (4) in section 15(a) (42 U.S.C. 1874(a)), by striking ``Atomic 
    Energy Commission'' and inserting ``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.--Section 117(a) of the National Science Foundation 
Authorization Act of 1988 (42 U.S.C. 1881b(a)) is amended--
        (1) by striking paragraph (1)(B)(v) and inserting the 
    following:
        ``(v) from schools established outside the several States and 
    the District of Columbia by any agency of the Federal Government 
    for dependents of the employees of such agency.''; and
        (2) in paragraph (3)(A) by striking ``Science and Engineering 
    Education'' and inserting ``Education and Human Resources''.
    (d) Science and Engineering Equal Opportunities Act Amendments.--
The Science and Engineering Equal Opportunities Act (42 U.S.C. 1885 et 
seq.) is amended--
        (1) in section 34 (42 U.S.C. 1885b)--
            (A) by striking the section heading and inserting the 
        following:

``Participation in Science and Engineering of Minorities and Persons 
            with Disabilities'';

        and
            (B) by striking subsection (b) and inserting the following:
    ``(b) The Foundation is authorized to undertake or support programs 
and activities to encourage the participation of persons with 
disabilities in the science and engineering professions.''; and
        (2) in section 36 (42 U.S.C. 1885c)--
            (A) in subsection (a), by striking ``minorities,'' and all 
        that follows through ``in scientific'' and inserting 
        ``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 striking the second sentence and inserting the 
            following: ``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 inserting after subsection (b) the following:
    ``(c) The Committee shall be responsible for reviewing and 
evaluating all Foundation matters relating to opportunities for the 
participation in, and the advancement of, women, minorities, and 
persons with disabilities in education, training, and science and 
engineering research programs.'';
            (E) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively; and
            (F) in subsection (d), as so redesignated by subparagraph 
        (E), 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 pursuant to section 
204(a)(2)(C) of the Academic Research 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 under Office of 
Management and Budget Circular A-21.
    (b) Report.--
        (1) In general.--The Director of the Office of Science and 
    Technology Policy, in consultation with other Federal agencies the 
    Director deems appropriate, shall prepare a report--
            (A) analyzing the Federal indirect cost reimbursement rates 
        (as the term is defined in Office of Management and Budget 
        Circular A-21) paid to universities in comparison with Federal 
        indirect cost reimbursement rates paid to other entities, such 
        as industry, government laboratories, research hospitals, and 
        nonprofit institutions;
            (B)(i) analyzing the distribution of the Federal indirect 
        cost reimbursement rates by category (such as administration, 
        facilities, utilities, and libraries), and by the type of 
        entity; and
            (ii) determining what factors, including the type of 
        research, influence the distribution;
            (C) analyzing the impact, if any, that changes in Office of 
        Management and Budget Circular A-21 have had on--
                (i) the Federal indirect cost reimbursement rates, the 
            rate of change of the Federal indirect cost reimbursement 
            rates, the distribution by category of the Federal indirect 
            cost reimbursement rates, and the distribution by type of 
            entity of the Federal indirect cost reimbursement rates; 
            and
                (ii) the Federal indirect cost reimbursement (as 
            calculated in accordance with Office of Management and 
            Budget Circular A-21), the rate of change of the Federal 
            indirect cost reimbursement, the distribution by category 
            of the Federal indirect cost reimbursement, and the 
            distribution by type of entity of the Federal indirect cost 
            reimbursement;
            (D) analyzing the impact, if any, of Federal and State law 
        on the Federal indirect cost reimbursement rates;
            (E)(i) analyzing options to reduce or control the rate of 
        growth of the Federal indirect cost reimbursement rates, 
        including options such as benchmarking of facilities and 
        equipment cost, elimination of cost studies, mandated 
        percentage reductions in the Federal indirect cost 
        reimbursement; and
            (ii) assessing the benefits and burdens of the options to 
        the Federal Government, research institutions, and researchers; 
        and
            (F) analyzing options for creating a database--
                (i) for tracking the Federal indirect cost 
            reimbursement rates and the Federal indirect cost 
            reimbursement; and
                (ii) for analyzing the impact that changes in policies 
            with respect to Federal indirect cost reimbursement will 
            have on the Federal Government, researchers, and research 
            institutions.
        (2) Report to congress.--The report prepared under paragraph 
    (1) shall be submitted to Congress not later than 1 year after the 
    date of enactment of this Act.

SEC. 204. FINANCIAL DISCLOSURE.

    Persons temporarily employed by or at the Foundation shall be 
subject to the same financial disclosure requirements and related 
sanctions under the Ethics in Government Act of 1978 (5 U.S.C. App.) as 
are permanent employees of the Foundation in equivalent positions.

SEC. 205. NOTICE.

    (a) Notice of Reprogramming.--If any funds appropriated pursuant to 
the amendments made by this Act are subject to a reprogramming action 
that requires notice to be provided to the Committees on Appropriations 
of the Senate and the House of Representatives, notice of that action 
shall concurrently be provided to the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Labor and Human 
Resources of the Senate, and the Committee on Science of the House of 
Representatives.
    (b) Notice of Reorganization.--Not later than 15 days before any 
major reorganization of any program, project, or activity of the 
National Science Foundation, the Director of the National Science 
Foundation shall provide notice to the Committees on Science and 
Appropriations of the House of Representatives and the Committees on 
Commerce, Science and Transportation, Labor and Human Resources of the 
Senate, and Appropriations of the Senate.

SEC. 206. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

    (a) Definitions.--In this section:
        (1) Educationally useful federal equipment.--The term 
    ``educationally useful Federal equipment'' means computers and 
    related peripheral tools and research equipment that is appropriate 
    for use in schools.
        (2) School.--The term ``school'' means a public or private 
    educational institution that serves any of the grades of 
    kindergarten through grade 12.
    (b) Sense of the Congress.--
        (1) In general.--It is the sense of the Congress that the 
    Director should, to the greatest extent practicable and in a manner 
    consistent with applicable Federal law (including Executive Order 
    No. 12999), donate educationally useful Federal equipment to 
    schools in order to enhance the science and mathematics programs of 
    those schools.
        (2) Reports.--
            (A) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Director 
        shall prepare and submit to the President a report that meets 
        the requirements of this paragraph. The President shall submit 
        that report to Congress at the same time as the President 
        submits a budget request to Congress under section 1105(a) of 
        title 31, United States Code.
            (B) Contents of report.--The report prepared by the 
        Director under this paragraph shall describe any donations of 
        educationally useful Federal equipment to schools made during 
        the period covered by the report.

SEC. 207. REPORT ON RESERVIST EDUCATION ISSUES.

    (a) Convening Appropriate Representatives.--The Director of the 
National Science Foundation, with the assistance of the Office of 
Science and Technology Policy, shall convene appropriate officials of 
the Federal Government and appropriate representatives of the 
postsecondary education community and of members of reserve components 
of the Armed Forces for the purpose of discussing and seeking a 
consensus on the appropriate resolution to problems relating to the 
academic standing and financial responsibilities of postsecondary 
students called or ordered to active duty in the Armed Forces.
    (b) Report to Congress.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the National Science 
Foundation shall transmit to the Congress a report summarizing the 
results of the convening individuals under subsection (a), including 
any consensus recommendations resulting therefrom as well as any 
significant opinions expressed by each participant that are not 
incorporated in such a consensus recommendation.

SEC. 208. 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 ``Critical Technologies Institute'' in 
    subsection (a), and inserting ``Science and Technology Policy 
    Institute'' and ``Science and Technology Policy Institute'', 
    respectively;
        (2) in subsection (b) by striking ``As determined by the 
    chairman of the committee referred to in subsection (c), the'' and 
    inserting ``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 ``developments and 
        trends in'' in paragraph (1);
            (B) by striking ``with particular emphasis on'' in 
        paragraph (1) and inserting ``including'';
            (C) by inserting ``and developing and maintaining relevant 
        informational and analytical tools'' before the period at the 
        end of paragraph (1);
            (D) by striking ``to determine'' and all that follows 
        through ``technology policies'' in paragraph (2) and inserting 
        ``with particular attention to the scope and content of the 
        Federal science and technology research and development 
        portfolio as it affects interagency and national issues'';
            (E) by amending paragraph (3) to read as follows:
        ``(3) Initiation of studies and analysis of alternatives 
    available for ensuring the long-term strength of the United States 
    in the development and application 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.'';
            (F) by inserting ``science and'' after ``Executive branch 
        on'' in paragraph (4)(A); and
            (G) 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) by striking ``subsection (d)'' in subsection (d), as 
    redesignated by paragraph (3) of this subsection, and inserting 
    ``subsection (c)'';
        (6) by striking ``Committee'' in each place it appears in 
    subsection (e), as redesignated by paragraph (3) of this 
    subsection, and inserting ``Institute'';
        (7) by striking ``subsection (d)'' in subsection (f), as 
    redesignated by paragraph (3) of this subsection, and inserting 
    ``subsection (c)''; and
        (8) by striking ``Chairman of Committee'' each place it appears 
    in subsection (f), as redesignated by paragraph (3) of this 
    subsection, and inserting ``Director of Office of Science and 
    Technology Policy''.
    (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. 209. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM.

    With the year 2000 fast approaching, it is the sense of the 
Congress that the Foundation should--
        (1) give high priority to correcting all 2-digit date-related 
    problems in its computer systems to ensure 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 problems 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.