[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1273 Reported in House (RH)]





                                                  Union Calendar No. 46

105th CONGRESS

  1st Session

                               H. R. 1273

                          [Report No. 105-63]

_______________________________________________________________________

                                 A BILL

  To authorize appropriations for fiscal years 1998 and 1999 for the 
          National Science Foundation, and for other purposes.

_______________________________________________________________________

                             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
                                                  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 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 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 important 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 continues to be 
        the support of basic scientific research and science education 
        and the support of research fundamental to the engineering 
        process and engineering 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 categories:
            (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, Behavioral, 
                and Economic Sciences, including $1,000,000 for the 
                United States-Mexico Foundation 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 Relocation.
            (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 categories:
            (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 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 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 directorate under that paragraph shall be 
reduced by the same proportion.

SEC. 103. 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 at the 
discretion of the Director. 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 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 funding 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) Status of Facilities Under Construction.--The plan required 
under subsection (a) shall include 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 achievement 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 facilities or construction necessary for upgrading 
the capabilities of existing national research facilities shall be 
obligated unless 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 provided for 
                individuals in grade GS-18 of the General 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 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 conditions 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 reimbursement 
                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 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 employees.''.
    (2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is 
amended by striking ``Science and Engineering Education'' and inserting 
in lieu thereof ``Education and Human Resources''.
    (d) Science and Engineering Equal Opportunities 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 participation of persons with 
disabilities in the science and engineering 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 participation in, 
opportunities for, and advancement in education, 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 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.
    (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 Federal 
        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 requirements and related 
sanctions under the Ethics in Government 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 Foundation 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 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 
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 inserting 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 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 
                ``developments 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 relevant informational and 
                analytical tools.'';
                    (C) by striking ``to determine'' and all that 
                follows through ``technology policies'' in paragraph 
                (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 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.'';
                    (E) by inserting ``science and'' after ``Executive 
                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 paragraph (3) 
        of this subsection, by striking ``subsection (d)'' and 
        inserting in lieu thereof ``subsection (c)''; and
            (6) by amending subsection (f), as so redesignated 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. Notwithstanding 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 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 legislation 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 process. Any exclusion from 
        consideration pursuant to 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 provided 
        by law.
            (3) Definition.--For purposes of this subsection, 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 property or 
        services for the direct benefit or use of the United States 
        Government. Such term does not include 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))).

SEC. 209. NOTICE.

    (a) Notice of Reprogramming.--If any funds authorized 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 
Commerce, Science, and Transportation of the Senate.
    (b) Notice of Reorganization.--The Director shall provide notice to 
the Committees on Science and Appropriations 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 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 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.

SEC. 211. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

    The National Science Foundation is authorized to participate in the 
National Oceanic Partnership Program established 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, 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress.--In the case of any equipment 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 American-made equipment and products.
    (c) Notice to Recipients of Assistance.--In providing 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.