Union Calendar No. 266

103D CONGRESS

2D SESSION H. R. 3254

[Report No. 103–475]

A BILL

Science Foundation, and for other purposes.

To authorize appropriations for the National

APRIL 13, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 266

103D CONGRESS

2D SESSION H. R. 3254

[Report No. 103–475]

To authorize appropriations for the National Science Foundation, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 12, 1993

Mr. BOUCHER (for himself and Mr. BROWN of California) introduced the following bill; which was referred to the Committee on Science, Space, and

Technology

APRIL 13, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on October 12, 1993]

A BILL

To authorize appropriations for the National Science

Foundation, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Science Foun5 dation Authorization Act of 1994’’.
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1 SEC. 2. DEFINITIONS.

2 For purposes of this Act—

3 (1) the term ‘‘debt-for-science exchange’’ means

4 an agreement whereby a portion of a nation’s com5 mercial external debt burden is exchanged by the

6 holder for a contribution of local currencies or other

7 assets to support scientific and technological research;

8 (2) the term ‘‘Director’’ means the Director of the

9 Foundation;

10 (3) the term ‘‘Foundation’’ means the National

11 Science Foundation;

12 (4) the term ‘‘institution of higher education’’

13 has the meaning given such term in section 1201(a)

14 of the Higher Education Act of 1965;

15 (5) the term ‘‘national research facility’’ means

16 a research facility funded by the Foundation which is

17 available, subject to appropriate policies allocating

18 access, for use by all scientists and engineers affiliated

19 with research institutions located in the United

20 States;

21 (6) the term ‘‘science-technology center’’ has the

22 meaning given such term in section 231(f) of the Ex23 cellence in Mathematics, Science, and Engineering

24 Education Act of 1990, and shall include both newly

25 organized and established science-technology centers;

26 and
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1 (7) the term ‘‘United States’’ means the several

2 States, the District of Columbia, the Commonwealth

3 of Puerto Rico, the Virgin Islands, Guam, American

4 Samoa, the Commonwealth of the Northern Mariana

5 Islands, and any other territory or possession of the

6 United States.

7 TITLE I—NATIONAL SCIENCE

8 FOUNDATION AUTHORIZATION

9 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

10 (a) FINDING.—Congress finds that the programs of the

11 Foundation are important for the Nation to strengthen

12 basic research and develop human resources in science and

13 engineering, and that those programs should be funded at

14 an adequate level.

15 (b) FISCAL YEAR 1995.—(1) There are authorized to

16 be appropriated to the Foundation $3,200,000,000 for fiscal

17 year 1995, which shall be available for the following cat18 egories:

19 (A) Research and Related Activities,

20 $2,275,500,000, which shall be available for the fol21 lowing subcategories:

22 (i) Biological Sciences, $301,800,000.

23 (ii) Computer and Information Science and

24 Engineering, $262,200,000.
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1 (iii) Engineering, $313,400,000, of which

2 $2,000,000 shall be expended for primary mate3 rials processing research.

4 (iv) Geosciences, $425,000,000.

5 (v) Mathematical and Physical Sciences,

6 $641,200,000.

7 (vi) Social, Behavioral, and Economic

8 Sciences, $106,500,000.

9 (vii) United States Polar Research Pro10 grams, $160,800,000.

11 (viii) United States Antarctic Logistical

12 Activities, $62,600,000.

13 (ix) Critical Technologies Institute,

14 $2,000,000.

15 (B) Education and Human Resources,

16 $569,600,000.

17 (C) Academic Research Facilities Modernization

18 Program, $150,000,000.

19 (D) Major Research Equipment, $70,000,000.

20 (E) Salaries and Expenses, $125,500,000.

21 (F) Office of Inspector General, $4,200,000.

22 (G) Headquarters Relocation, $5,200,000.

23 (2) Of the amounts authorized under paragraph (1)(A)

24 and (B)—
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1 (A) $35,000,000 are authorized for activities au2 thorized by the Scientific and Advanced-Technology

3 Act of 1992;

4 (B) $30,000,000 are authorized for activities au5 thorized by section 305 of the High-Performance Com6 puting Act of 1991;

7 (C) $45,000,000 are authorized for activities au8 thorized by section 307 of the High-Performance Com9 puting Act of 1991; and

10 (D) $16,000,000 are authorized for activities au11 thorized by section 309 of the High-Performance Com12 puting Act of 1991.

13 (c) FISCAL YEAR 1996.—(1) There are authorized to

14 be appropriated to the Foundation $3,392,000,000 for fiscal

15 year 1996, which shall be available for the following cat16 egories:

17 (A) Research and Related Activities,

18 $2,397,500,000, which shall be available for the fol19 lowing subcategories:

20 (i) Biological Sciences, $316,800,000.

21 (ii) Computer and Information Science and

22 Engineering, $285,000,000.

23 (iii) Engineering, $338,000,000, of which

24 $2,500,000 shall be expended for primary mate25 rials processing research.
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1 (iv) Geosciences, $444,000,000.

2 (v) Mathematical and Physical Sciences,

3 $668,800,000.

4 (vi) Social, Behavioral, and Economic

5 Sciences, $116,100,000.

6 (vii) United States Polar Research Pro7 grams, $164,800,000.

8 (viii) United States Antarctic Logistical

9 Activities, $64,000,000.

10 (B) Education and Human Resources,

11 $586,000,000.

12 (C) Academic Research Facilities Modernization

13 Program, $200,000,000.

14 (D) Major Research Equipment, $67,000,000.

15 (E) Salaries and Expenses, $132,000,000.

16 (F) Office of Inspector General, $4,300,000.

17 (G) Headquarters Relocation, $5,200,000.

18 (2) Of the amounts authorized under paragraph (1)(A)

19 and (B)—

20 (A) $35,000,000 are authorized for activities au21 thorized by the Scientific Advanced-Technology Act of

22 1992;

23 (B) $50,000,000 are authorized for activities au24 thorized by section 305 of the High-Performance Com25 puting Act of 1991;
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1 (C) $60,000,000 are authorized for activities au2 thorized by section 307 of the High-Performance Com3 puting Act of 1991; and

4 (D) $22,000,000 are authorized for activities au5 thorized by section 309 of the High-Performance Com6 puting Act of 1991.

7 (3) No funds shall be expended for fiscal year 1996

8 for the Critical Technologies Institute.

9 (d) MEETING FUNDING GOALS.—In allocating funds

10 authorized under subsections (b)(1)(A) and (c)(1)(A), the

11 Foundation shall give priority to meeting the funding goals

12 established for the Foundation for Presidential research ini13 tiatives by the Federal Coordinating Council for Science,

14 Engineering, and Technology, or any successor entity which

15 assumes its responsibilities.

16 (e) EDUCATION SUPPORT FOR UNDERREPRESENTED

17 GROUPS.—In allocating funds authorized under subsections

18 (b)(1)(B) and (c)(1)(B), the Foundation shall support edu19 cation activities to encourage the participation of women,

20 minorities who are underrepresented in science, engineer21 ing, and mathematics, and persons with disabilities, and

22 shall coordinate such activities with related efforts of other

23 Federal agencies.
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1 SEC. 102. PROPORTIONAL REDUCTION OF RESEARCH AND

2 RELATED ACTIVITIES AMOUNTS.

3 If the amount appropriated pursuant to section

4 101(b)(1)(A) or (c)(1)(A) is less than the amount authorized

5 under that subparagraph, the amount authorized for each

6 subcategory under that subparagraph shall be reduced by

7 the same proportion.

8 SEC. 103. CONSULTATION AND REPRESENTATION EX9 PENSES.

10 From appropriations made under authorizations pro11 vided in this Act, not more than $10,000 may be used in

12 each fiscal year for official consultation, representation, or

13 other extraordinary expenses at the discretion of the Direc14 tor. The determination of the Director shall be final and

15 conclusive upon the accounting officers of the Government.

16 SEC. 104. TRANSFER OF FUNDS.

17 For any given fiscal year, the Director may propose

18 transfers to or from any category described in section 101

19 up to a maximum of 10 percent of the amount authorized

20 for that category. An explanation of any such proposed

21 transfer must be transmitted in writing to the Committee

22 on Science, Space, and Technology of the House of Rep23 resentatives, and the Committees on Labor and Human Re24 sources and Commerce, Science, and Transportation of the

25 Senate. The proposed transfer may be made only after 30
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1 calendar days have passed after transmission of such writ2 ten explanation.

3 TITLE II—GENERAL PROVISIONS

4 SEC. 201. ANNUAL REPORT.

5 Section 3 of the National Science Foundation Act of

6 1950 (42 U.S.C. 1862) is amended by striking subsection

7 (f) and inserting in lieu thereof the following new sub8 section:

9 ‘‘(f) The Foundation shall provide an annual report

10 to the President which shall be submitted by the Director

11 to the Congress at the time of the President’s annual budget

12 submission. The report shall—

13 ‘‘(1) contain a strategic plan which—

14 ‘‘(A) defines for a three-year period the

15 overall goals for the Foundation and specific

16 goals for each major activity of the Foundation,

17 including each scientific directorate, the edu18 cation directorate, and the polar programs office;

19 and

20 ‘‘(B) describes how the identified goals re21 late to national needs and will exploit new op22 portunities in science and technology;

23 ‘‘(2) identify the criteria and describe the proce24 dures which the Foundation will use to assess
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1 progress toward achieving the goals identified in ac2 cordance with paragraph (1);

3 ‘‘(3) review the activities of the Foundation dur4 ing the preceding year which have contributed toward

5 achievement of goals identified in accordance with

6 paragraph (1) and summarize planned activities for

7 the coming three years in the context of the identified

8 goals, with particular emphasis on the Foundation’s

9 planned contributions to major multi-agency research

10 and education initiatives;

11 ‘‘(4) contain such recommendations as the Foun12 dation considers appropriate; and

13 ‘‘(5) include information on the acquisition and

14 disposition by the Foundation of any patents and

15 patent rights.’’.

16 SEC. 202. NATIONAL RESEARCH FACILITIES.

17 (a) FACILITIES PLAN.—The Director shall provide to

18 Congress annually, at the time of the President’s budget

19 submission, a plan for construction of, and repair and up20 grades to, national research facilities. The plan shall in21 clude estimates of the cost for such construction, repairs,

22 and upgrades, and estimates of the cost for the operation

23 and maintenance of existing and proposed new facilities.

24 For proposed new construction and for major upgrades to

25 existing facilities, the plan shall include funding profiles
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1 by fiscal year and milestones for major phases of the con2 struction. The plan shall include cost estimates in the cat3 egories of construction, repair, and upgrades for the year

4 in which the plan is submitted to Congress and for not fewer

5 than the succeeding 4 years.

6 (b) LIMITATION ON OBLIGATION OF UNAUTHORIZED

7 APPROPRIATIONS.—No funds appropriated for any project

8 which involves construction of new national research facili9 ties or construction necessary for upgrading the capabilities

10 of existing national research facilities shall be obligated un11 less the funds are specifically authorized for such purpose

12 by this Act or any other Act which is not an appropriations

13 Act, or unless the total estimated cost to the Foundation

14 of the construction project is less than $50,000,000. This

15 subsection shall not apply to construction projects approved

16 by the National Science Board prior to June 30, 1993.

17 SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

18 Section 203(b) of the Academic Research Facilities

19 Modernization Act of 1988 is amended by striking the final

20 sentence of paragraph (3) and inserting in lieu thereof the

21 following: ‘‘The Director shall give priority to institutions

22 or consortia that have not received such funds in the preced23 ing 5 years, except that this sentence shall not apply to

24 previous funding received for the same multiyear project.

25 The Director shall exclude from consideration for awards
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1 to be made under the Program after fiscal year 1995 any

2 institutions or consortia which received funds, appropriated

3 for a fiscal year after fiscal year 1994, for the repair, ren4 ovation, construction, or replacement of academic facilities,

5 from any Federal funding source for projects that were not

6 subjected to a competitive, merit-based award process.’’.

7 SEC. 204. ELIGIBILITY FOR PARTICIPATION IN INFORMAL

8 SCIENCE EDUCATION ACTIVITIES.

9 No science-technology center shall be disqualified from

10 competing for funding support under the informal science

11 education programs included within the Education and

12 Human Resources activities of the Foundation on the basis

13 of the geographic location of the center, the size of the popu14 lation served by the center, or the date on which the center

15 commences operation.

16 SEC. 205. SCIENCE AND ENGINEERING EQUAL OPPORTUNI17 TIES ACT AMENDMENTS.

18 The Science and Engineering Equal Opportunities Act

19 (42 U.S.C. 1885 et seq.) is amended—

20 (1) by amending section 32 to read as follows:

21 ‘‘FINDINGS AND POLICY

22 ‘‘SEC. 32. The national security and economic com23 petitiveness of the United States demand the full develop24 ment and use of the engineering, mathematical, and sci25 entific talents and skills of all its citizens. Past discrimina26 tion, cultural barriers, unequal educational opportunities,
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1 and other factors discourage women, minorities, and per2 sons with disabilities from studying and working in engi3 neering, mathematics, and science. The Congress declares

4 it is the policy of the United States to encourage the partici5 pation in engineering, mathematics, and science of members

6 of the groups that are underrepresented.’’;

7 (2) in section 33—

8 (A) by amending the section head to read as

9 follows:

10 ‘‘EQUAL OPPORTUNITIES IN SCIENCE AND ENGINEERING’’;

11 (B) in paragraph (1)(A), by striking

12 ‘‘women’’ and inserting in lieu thereof ‘‘women,

13 minorities who are underrepresented in science,

14 engineering, and mathematics, and persons with

15 disabilities (collectively referred to in this section

16 as ‘members of underrepresented groups’)’’;

17 (C) in paragraph (2), by striking ‘‘female

18 students and to increase female student aware19 ness’’ and inserting in lieu thereof ‘‘students who

20 are members of underrepresented groups and to

21 make those students aware’’;

22 (D) in paragraph (4), by striking ‘‘re23 search’’;

24 (E) by amending paragraph (5) to read as

25 follows:
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1 ‘‘(5) support programs under which scientists

2 and engineers who are members of underrepresented

3 groups interact with elementary, secondary, and un4 dergraduate students;’’;

5 (F) in paragraph (8), by striking ‘‘, to be

6 known as the National Research Opportunity

7 Grants, to women scientists and engineers’’ and

8 inserting in lieu thereof ‘‘to scientists and engi9 neers who are members of underrepresented

10 groups’’;

11 (G) in paragraph (9), by striking ‘‘such

12 women’’ and inserting in lieu thereof ‘‘such per13 sons’’;

14 (H) by striking ‘‘and’’ at the end of para15 graph (10);

16 (I) by striking the period at the end of

17 paragraph (11) and inserting in lieu thereof ‘‘;

18 and’’;

19 (J) by adding at the end the following:

20 ‘‘(12) support efforts to initiate and expand re21 search opportunities at institutions serving members

22 of underrepresented groups.

23 ‘‘(b) In carrying out activities under this section, the

24 Foundation may conduct or support activities in which
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1 participation is limited to members of one or more

2 underrepresented groups.’’;

3 (K) by inserting ‘‘(a)’’ after ‘‘SEC. 33.’’;

4 and

5 (L) except as otherwise provided in this

6 paragraph, by striking ‘‘women’’ each place it

7 appears and inserting in lieu thereof ‘‘members

8 of underrepresented groups’’;

9 (3) by striking section 34;

10 (4) in section 36(a), by inserting ‘‘, persons with

11 disabilities’’ after ‘‘minorities’’;

12 (5) in section 36(b), by striking the second sen13 tence and inserting in lieu the following: ‘‘The Chair14 persons of relevant committees or subcommittees of the

15 National Science Board, as designated by the Chair16 person of the Board, shall be ex officio members of the

17 Committee.’’;

18 (6) in section 36 by striking subsections (c) and

19 (d) and redesignating subsections (e) and (f) as sub20 sections (d) and (e), respectively;

21 (7) in section 36 by inserting after subsection (b)

22 the following new subsection:

23 ‘‘(c) The Committee shall be responsible for reviewing

24 and evaluating all Foundation matters relating to partici25 pation in, opportunities for, and advancement in edu-
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1 cation, training, and research in science and engineering

2 of members of underrepresented groups.’’; and

3 (8) in section 36(d), as redesignated by para4 graph (6) of this section, by striking ‘‘additional’’.

5 SEC. 206. ROLE OF THE FOUNDATION IN ECONOMIC COM6 PETITIVENESS.

7 The Foundation’s efforts to improve the economic com8 petitiveness of the United States shall be in accord with

9 the functions of the Foundation as specified by section 3

10 of the National Science Foundation Act of 1950. The pri11 mary mission of the Foundation continues to be the support

12 of basic scientific research and science education and the

13 support of research fundamental to the engineering process

14 and engineering education.

15 SEC. 207. ADMINISTRATIVE AMENDMENTS.

16 (a) NATIONAL SCIENCE FOUNDATION ACT OF 1950

17 AMENDMENTS.—The National Science Foundation Act of

18 1950 is amended—

19 (1) in section 4(e) (42 U.S.C. 1863(e)) by strik20 ing the second and third sentences and inserting in

21 lieu thereof the following: ‘‘The Board shall adopt

22 procedures governing the conduct of its meetings, in23 cluding definition of a quorum and delivery of notice

24 of meetings to members of the Board.’’;
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1 (2) in section 5(e) (42 U.S.C. 1864(e)) by

2 amending paragraph (2) to read as follows:

3 ‘‘(2) Any delegation of authority or imposition of con4 ditions under paragraph (1) shall be promptly published

5 in the Federal Register and reported to the Committees on

6 Labor and Human Resources and Commerce, Science, and

7 Transportation of the Senate and the Committee on

8 Science, Space, and Technology of the House of Representa9 tives.’’;

10 (3) in section 14 (42 U.S.C. 1873) by striking

11 subsection (j); and

12 (4) in section 15(a) (42 U.S.C. 1874(a)) by

13 striking ‘‘Atomic Energy Commission’’ and inserting

14 in lieu thereof ‘‘Secretary of Energy’’.

15 (b) NATIONAL SCIENCE FOUNDATION AUTHORIZATION

16 ACT OF 1988 AMENDMENTS.—Section 117(a)(1)(B)(v) of

17 the National Science Foundation Authorization Act of 1988

18 is amended to read as follows:

19 ‘‘(v) from schools established outside the several

20 States and the District of Columbia by any agency of

21 the Federal Government for dependents of its employ22 ees.’’.

23 (c) NATIONAL SCIENCE FOUNDATION AUTHORIZATION

24 ACT, 1977 AMENDMENT.—Section 8 of the National Science

25 Foundation Authorization Act, 1977, is repealed.
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1 SEC. 208. RESEARCH INSTRUMENTATION AND FACILITIES.

2 The Foundation shall incorporate the guidelines set

3 forth in Important Notice No. 91, dated March 11, 1983

4 (48 Fed. Reg. 15754, April 12, 1983) relating to the use

5 and operation of Foundation-supported research instru6 mentation and facilities, in its notice of Grant General

7 Conditions, and shall examine more closely the adherence

8 of grantee organizations to such guidelines.

9 SEC. 209. ENVIRONMENTALLY ADVANCED EDUCATION.

10 (a) FINDINGS.—The Congress finds the following:

11 (1) Improving the general understanding of the

12 relationships between economic and technical activi13 ties and the environment, and the opportunities for

14 improvements in such relations, is essential for the ef15 fective realization of sustainable economic develop16 ment.

17 (2) In post-secondary education, with the excep18 tion of environmental specialists, environmental con19 siderations are typically not integrated into the re20 quired coursework for technical, engineering, science,

21 and related professions.

22 (3) The integration of environmental consider23 ations into all technical, engineering, science, and re24 lated professions in a timely fashion is essential to

25 better achieving sustainable economic development.
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1 (b) IN GENERAL.—The Director shall establish a pro2 gram to promote the development and distribution of cur3 riculum and materials—

4 (1) at the primary and secondary levels that will

5 improve the understanding of the relationships be6 tween economic and technical activities and the envi7 ronment and the opportunities for improving those

8 relationships; and

9 (2) at the post-secondary level that will incor10 porate the principles and practices of environmental

11 soundness and total cost accounting into all technical,

12 engineering, design, scientific, and related disciplines.

13 (c) TECHNICAL PROGRAMS.—(1) The Director shall

14 ensure that the special needs of technical programs of insti15 tutions described in paragraph (2) are addressed in execut16 ing this section, including disseminating information about

17 practices that exemplify environmentally sound practices.

18 (2)(A) Except as provided in subparagraph (B), insti19 tutions referred to in paragraph (1) are institutions of

20 higher education (as determined under section 1201(a) of

21 the Higher Education Act of 1965 (20 U.S.C. 1141(a))) that

22 offer a 2-year associate-degree program, 2-year certificate

23 program, or other shorter program described in such section

24 1201(a).
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1 (B) Notwithstanding section 1201(a)(4) of the Higher

2 Education Act of 1965, institutions referred to in para3 graph (1) may include proprietary institutions.

4 (d) COORDINATION.—The Director shall consult with

5 the heads of other agencies of the Federal Government, State

6 and local governments, educational institutions, and appro7 priate private sector organizations, including accreditation

8 boards for engineering, technology, and design educational

9 institutions in executing this section.

10 SEC. 210. LIMITATION ON APPROPRIATIONS.

11 Notwithstanding any other provision of this Act, no

12 funds are authorized to be appropriated for any fiscal year

13 after fiscal year 1996 for carrying out the programs and

14 activities for which funds are authorized by this Act, or the

15 amendments made by this Act.

16 SEC. 211. INDIRECT COST REIMBURSEMENT.

17 (a) LIMITATION.—None of the funds authorized under

18 section 101(b) may be awarded to any grantee who reported

19 Federal research grant outlays in excess of $10,000,000 in

20 fiscal year 1994, unless such grantee—

21 (1) agrees to notify the Foundation of the

22 amount of any increased indirect expense; and

23 (2) agrees to the permanent cancellation, in an

24 amount that equals the increased indirect expense, of

25 its claims for the portion of unliquidated obligations
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1 from prior year research grants that comprise the in2 direct expense allocated to the Foundation.

3 (b) DEFINITION.—For purposes of this section, the

4 term ‘‘increased indirect expense’’ means the amount by

5 which the grantee’s claim for indirect expense allocated to

6 the Foundation for research grants for fiscal year 1995 ex7 ceeds the amount of such claim for fiscal year 1994.

8 SEC. 212. AWARD OF GRANTS AND CONTRACTS: REQUIRE9 MENT OF COMPETITION.

10 (a) The Director may not make a grant or award a

11 contract to any institutions or consortia for the perform12 ance of research and development, or for the construction

13 of any research or other facility, unless such grant or award

14 is made using a competitive, merit-based evaluation proc15 ess.

16 (b)(1) A provision of law may not be construed as

17 modifying or superseding the provisions of subsection (a),

18 or as requiring funds to be made available by the Director

19 to a particular institution or consortium by grant or con20 tract, unless that provision of law—

21 (A) specifically refers to this section;

22 (B) specifically states that such provision of law

23 modifies or supersedes the provisions of this section;

24 and
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1 (C) specifically identifies the particular institu2 tion or consortium involved and states that the grant

3 to be made or the contract to be awarded, as the case

4 may be, pursuant to such provision of law, is being

5 made or awarded in contravention to subsection (a).

6 (2) A grant may not be made, or a contract awarded,

7 pursuant to a provision of law that authorizes or requires

8 the making of the grant, or the awarding of the contract,

9 in a manner that is inconsistent with subsection (a) until—

10 (A) the Director submits to Congress a notice in

11 writing of the intent to make the grant or award the

12 contract; and

13 (B) a period of 180 days has elapsed after the

14 date on which the notice is received by Congress.

15 TITLE III—ACADEMIC RESEARCH

16 FACILITIES MODERNIZATION

17 SEC. 301. FINDINGS.

18 The Congress finds that—

19 (1) the deficiencies in the condition of buildings

20 and equipment used for the conduct of fundamental

21 research and related education programs at many

22 universities and colleges which are cited in section

23 202 of the Academic Research Facilities Moderniza24 tion Act of 1988 are substantially unchanged;
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1 (2) a national effort, involving the participation

2 of Federal and State governments and the private sec3 tor, is required to make progress in improving the

4 state of academic research facilities; and

5 (3) because of the scale of the problem, the Fed6 eral effort to upgrade academic research facilities

7 must involve a coordinated program among all Fed8 eral agencies which sponsor research at academic in9 stitutions.

10 SEC. 302. FACILITIES MODERNIZATION PLAN.

11 The Director of the Office of Science and Technology

12 Policy, through the Federal Coordinating Council for

13 Science, Engineering, and Technology, or any successor en14 tity which assumes its responsibilities, shall develop a plan

15 for a multiagency Federal program to provide financial

16 support to institutions of higher education for the repair,

17 renovation, or replacement of obsolete science and engineer18 ing facilities primarily devoted to research. The plan

19 shall—

20 (1) include participation by all Federal depart21 ments and agencies which provide substantial Federal

22 support for research and development activities at in23 stitutions of higher education;

24 (2) provide estimates of the level of funding re25 quired, by department and agency, and period for
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1 which funding should be provided to relieve substan2 tially the backlog of research facilities needs and to

3 ensure that, at the conclusion of the period proposed,

4 the facilities available will be satisfactory to support

5 national research needs;

6 (3) take into consideration, for determining the

7 requirements of paragraph (2), ongoing efforts by

8 Federal departments and agencies, State governments,

9 and the private sector to upgrade research facilities;

10 (4) be designed to address the needs of the cat11 egories of institutions eligible for awards under the

12 Academic Research Facilities Modernization Act of

13 1988;

14 (5) detail administrative procedures and guide15 lines for the implementation of the modernization

16 program; and

17 (6) state procedures and data collection steps

18 which have been implemented to assess the state of

19 academic research facilities and to measure the rate

20 of progress in improving the condition of the facili21 ties.

22 Within 18 months after the date of enactment of this Act,

23 the Director of the Office of Science and Technology Policy

24 shall transmit to the Congress the plan developed under this

25 section.
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1 SEC. 303. LIMITATION ON OBLIGATION OF UNAUTHORIZED

2 APPROPRIATIONS.

3 No funds appropriated to the Foundation for construc4 tion of new facilities or construction necessary for upgrad5 ing the capabilities of existing facilities at institutions eli6 gible for awards under the Academic Research Facilities

7 Modernization Act of 1988 shall be obligated unless the

8 funds are awarded in accordance with the requirements of

9 the Academic Research Facilities Modernization Act of 1988

10 or are specifically authorized for such purpose by this Act

11 or any other Act which is not an appropriations Act.

12 TITLE IV—INTERNATIONAL

13 SCIENTIFIC COOPERATION

14 SEC. 401. FINDINGS.

15 The Congress finds the following:

16 (1) Debt-for-science exchanges can provide an in17 novative means to enhance scientific cooperation with

18 countries whose external debt burden prevents them

19 from allocating sufficient resources to their scientific

20 and technological infrastructures.

21 (2) Debt-for-science exchanges have been dem22 onstrated to improve the state of scientific research

23 and education in several countries, including Bolivia,

24 Costa Rica, Ecuador, Chile, and Mexico.
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1 SEC. 402. DEBT-FOR-SCIENCE EXCHANGES.

2 (a) DEBT-FOR-SCIENCE EXCHANGE GRANTS.—The

3 Director is authorized to make grants to organizations

4 within the United States, including colleges and univer5 sities, for the purpose of debt-for-science exchanges. Before

6 making any grant under this section, the Director shall as7 certain that—

8 (1) funds resulting from the debt-for-science ex9 change will be expended only for purposes of inter10 national cooperative scientific research and develop11 ment projects;

12 (2) the debt-for-science exchange will make funds

13 available for such projects which otherwise would not

14 be available;

15 (3) the amount of local currency provided as a

16 result of the debt-for-science exchange will be substan17 tially greater than the United States dollar purchase

18 price of the debt;

19 (4) the grantee certifies that the debtor govern20 ment has accepted the terms of the exchange and that

21 an agreement has been reached to cancel the commer22 cial debt; and

23 (5) Federal grants made under this section will

24 be equally matched by non-Federal contributions to

25 purchase debt.
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1 (b) INVESTMENT OF GOVERNMENT ASSISTANCE.—

2 Grantees or subgrantees of funds provided under this section

3 may retain, without deposit in the Treasury of the United

4 States and without further appropriation by Congress, in5 terest earned on the proceeds of any resulting debt-for6 science exchange pending disbursements of such proceeds

7 and interest for approved program purposes, which may in8 clude the establishment of an endowment, the income of

9 which is used for such purposes.

10 (c) COORDINATION.—In carrying out subsection (a)

11 the Director shall coordinate with Federal agencies, such

12 as the Agency for International Development, that have ex13 pertise in debt exchanges.

14 SEC. 403. NATIONAL SCIENCE FOUNDATION PARTICIPA15 TION IN BINATIONAL AND MULTINATIONAL

16 ENDOWED SCIENCE FOUNDATIONS.

17 The Director, in consultation with appropriate offi18 cials of the United States and foreign countries, may en19 courage and facilitate the establishment of binational and

20 multinational endowed science foundations, and may par21 ticipate in the operation and governance of such founda22 tions, including serving as a member of or designating

23 members to the Boards of Governors, if such foundations—
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1 (1) have Boards of Governors whose members are

2 chosen to represent participating countries and pos3 sess expertise in international scientific cooperation;

4 (2) have a structure and operational characteris5 tics determined exclusively by their Boards of Gov6 ernors, consistent with paragraph (3); and

7 (3) are established and governed in accordance

8 with charters which include provisions—

9 (A) to ensure that the funding of the endow10 ment is shared equitably among the participat11 ing nations, appropriate to their economic re12 sources;

13 (B) to protect the endowment’s principal

14 from loss of value due to inflation;

15 (C) to define the range of scientific and edu16 cational activities to be funded;

17 (D) to define criteria for application, merit

18 review, and awarding of funds which encompass,

19 at a minimum, consideration of scientific merit,

20 strength of collaborative arrangements, and po21 tential benefit to participants;

22 (E) to limit administrative costs to those

23 that are prudent and necessary; and

24 (F) to engage an independent auditor to

25 perform an annual organization-wide audit of
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1 such foundations, in accordance with generally

2 accepted auditing standards, and to make the re3 sults of the audit immediately available to the

4 Director and the Board of Governors.

5 SEC. 404. REPORT.

6 Within one year after the date of enactment of this

7 Act, the Director shall submit to the Congress a strategic

8 plan for international scientific cooperation activities un9 dertaken by the Foundation which—

10 (1) describes and evaluates all activities involv11 ing international scientific cooperation currently car12 ried out by the Foundation;

13 (2) describes how these activities relate to ongo14 ing and prospective Foundation research and edu15 cational activities;

16 (3) details research activities and geographic

17 areas where international scientific cooperation has

18 been most effective and where it has been least effec19 tive;

20 (4) describes plans for future cooperative inter21 national scientific projects; and

22 (5) assesses the research activities and geographic

23 areas where future international scientific cooperation

24 would be most effective.
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1 TITLE V—UNDERGRADUATE

2 EDUCATION

3 SEC. 501. REQUIREMENT FOR FUNDING.

4 Each educational institution that receives a research

5 grant from the Foundation in fiscal year 1995 shall, as a

6 condition of receiving such grant, provide to the Foundation

7 the following information on its undergraduate mathe8 matics, science, and engineering activities:

9 (1) A description of teacher training programs

10 mandated by the institution for teaching assistants,

11 including the number of training hours required.

12 (2) The institution’s policy regarding the relative

13 importance of teaching and research duties in deci14 sions on promotion, tenure, and salary for faculty,

15 including any written policy with specific criteria.

16 (3) Any policy allowing faculty to replace uni17 versity salary with funds from outside sources, along

18 with any policy allowing faculty to replace all or

19 part of the teaching load with increased research.

20 (4) The number of faculty released from some or

21 all of their teaching responsibilities pursuant to a

22 policy described in paragraph (3), with the number

23 replacing all or some of their salary with Federal

24 funds reported separately.
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1 (5) The number and percentage of faculty, not

2 including those on regular sabbatical leave, teaching

3 no undergraduate courses.

4 (6) The number and percentage of faculty sup5 ported by active Federal research grants teaching

6 freshman or sophomore lecture courses.

7 (7) The number and percentage of lecture sources

8 taught by individuals other than faculty.

9 (8) The number of students per course in each

10 introductory course.

11 Information shall be provided for the most recent academic

12 year for which it is available. For purposes of this section,

13 the term ‘‘educational institution’’ means an institution of

14 higher education that is ranked among the top 100 of the

15 institutions receiving Federal research and development

16 funding, as documented in the latest annual report of the

17 Foundation entitled ‘‘Federal Support to Universities, Col18 leges, and Selected Non-Profit Institutions’’. The term ‘‘fac19 ulty’’ means tenured or tenure-track employees not serving

20 in full-time administrative positions. The Foundation shall

21 compile this information and submit it to the Congress no

22 later than December 31, 1995.

23 SEC. 502. RECOMMENDATIONS.

24 The Director shall transmit to the Congress, at the

25 time of the President’s budget request for fiscal year 1997,
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1 recommendations as to how Foundation research funds

2 could be used to increase the focus on undergraduate edu3 cation at institutions of higher education.

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