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                                                  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 

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