[105th Congress Public Law 207]
[From the U.S. Government Printing Office]
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[DOCID: f:publ207.105]
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Public Law 105-207
105th Congress
An Act
To authorize appropriations for fiscal years 1998 and 1999 for the
National Science Foundation, and for other purposes. <<NOTE: July 29,
1998 - [H.R. 1273]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Science Foundation
Authorization Act of 1998. 42 USC 1861 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Foundation
Authorization Act of <<NOTE: 42 USC 1862k note.>> 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. <<NOTE: 42 USC 1862k.>> 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.
[[Page 112 STAT. 870]]
(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;
[[Page 112 STAT. 871]]
(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
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(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 <<NOTE: 42 USC 1862l.>> FACILITIES.
(a) Facilities Plan.--
(1) In <<NOTE: Deadline.>> general.--Not later than December
1, of each year, the Director shall, as part of the annual
budget request, prepare
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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 <<NOTE: Reports.>> 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 <<NOTE: Federal
Register, publication. Reports.>> 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
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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.'';
[[Page 112 STAT. 875]]
(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 <<NOTE: 42 USC
1862.>> is repealed.
SEC. 203. INDIRECT <<NOTE: 42 USC 1862k note.>> 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--
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(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 <<NOTE: Deadline.>> 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 <<NOTE: 42 USC 1862m note.>> 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. <<NOTE: 42 USC 1862k note.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 42 USC 1862k note.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: President.>>
The
[[Page 112 STAT. 877]]
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 <<NOTE: Deadline.>> 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:
[[Page 112 STAT. 878]]
``(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 <<NOTE: 42 USC 6686 note.>> 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.
Approved July 29, 1998.
LEGISLATIVE HISTORY--H.R. 1273 (S. 1046):
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HOUSE REPORTS: No. 105-63 (Comm. on Science).
SENATE REPORTS: No. 105-110 accompanying S. 1046 (Comm. on Labor and
Human Resources).
CONGRESSIONAL RECORD:
Vol. 143 (1997):
Apr. 24, considered and passed
House.
Vol. 144 (1998):
May 12, considered and passed
Senate, amended.
July 14, House concurred in Senate
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
July 29, Presidential statement.
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