[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,

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This Act may be cited as the ``National Science Foundation
Authorization Act of 1998''.

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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.

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(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.

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TITLE I

-NATIONAL SCIENCE FOUNDATION AUTHORIZATION

(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.

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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.

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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.

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

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(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.

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TITLE II

-GENERAL PROVISIONS

(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.

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(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.

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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.

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(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.

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(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.

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(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.

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(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.

1f167e2776e85eb3476404da3ba362042a0c0d02ed9d8eea2e78ce95ac0d63b6

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.

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National Science Foundation FY98-99 Authorization bill — HR. 1273

Other Sections

TITLE I

TITLE II

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