103D CONGRESS

2D SESSION H. R. 3254

AN ACT

Science Foundation, and for other purposes.

To authorize appropriations for the National
103D CONGRESS

2D SESSION H. R. 3254

AN ACT

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

5 Foundation 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 re8 search;

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

10 the Foundation;

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

12 Science Foundation;

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

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

15 of the Higher Education Act of 1965;

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

17 a research facility funded by the Foundation which

18 is available, subject to appropriate policies allocating

19 access, for use by all scientists and engineers affili20 ated with research institutions located in the United

21 States;

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

23 the meaning given such term in section 231(f) of the

24 Excellence in Mathematics, Science, and Engineer25 ing Education Act of 1990, and shall include both
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1 newly organized and established science-technology

2 centers; and

3 (7) the term ‘‘United States’’ means the several

4 States, the District of Columbia, the Commonwealth

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

6 Samoa, the Commonwealth of the Northern Mariana

7 Islands, and any other territory or possession of the

8 United States.

9 TITLE I—NATIONAL SCIENCE

10 FOUNDATION AUTHORIZATION

11 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

13 the Foundation are important for the Nation to strength14 en basic research and develop human resources in science

15 and engineering, and that those programs should be fund16 ed at an adequate level.

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

18 to be appropriated to the Foundation $3,150,000,000 for

19 fiscal year 1995, which shall be available for the following

20 categories:

21 (A) Research and Related Activities,

22 $2,254,800,000, which shall be available for the fol23 lowing subcategories:

24 (i) Biological Sciences, $298,800,000.
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1 (ii) Computer and Information Science and

2 Engineering, $260,600,000.

3 (iii) Engineering, $311,500,000, of which

4 $2,000,000 shall be expended for primary mate5 rials processing research.

6 (iv) Geosciences, $421,300,000.

7 (v) Mathematical and Physical Sciences,

8 $636,300,000.

9 (vi) Social, Behavioral, and Economic

10 Sciences, $104,800,000.

11 (vii) United States Polar Research Pro12 grams, $158,800,000.

13 (viii) United States Antarctic Logistical

14 Activities, $62,600,000.

15 (B) Education and Human Resources,

16 $586,000,000.

17 (C) Academic Research Facilities Modernization

18 Program, $110,000,000.

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

20 (E) Salaries and Expenses, $120,000,000.

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

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

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

24 (A) and (B)—
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1 (A) $35,000,000 are authorized for activities

2 authorized by the Scientific and Advanced-Tech3 nology Act of 1992;

4 (B) $30,000,000 are authorized for activities

5 authorized by section 305 of the High-Performance

6 Computing Act of 1991;

7 (C) $45,000,000 are authorized for activities

8 authorized by section 307 of the High-Performance

9 Computing Act of 1991; and

10 (D) $16,000,000 are authorized for activities

11 authorized by section 309 of the High-Performance

12 Computing Act of 1991.

13 (3) No funds shall be expended for fiscal year 1995

14 for the Critical Technologies Institute.

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

16 be appropriated to the Foundation $3,234,000,000 for fis17 cal year 1996, which shall be available for the following

18 categories:

19 (A) Research and Related Activities,

20 $2,299,800,000, which shall be available for the fol21 lowing subcategories:

22 (i) Biological Sciences, $304,100,000.

23 (ii) Computer and Information Science and

24 Engineering, $273,600,000.
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1 (iii) Engineering, $324,500,000, of which

2 $2,500,000 shall be expended for primary mate3 rials processing research.

4 (iv) Geosciences, $426,200,000.

5 (v) Mathematical and Physical Sciences,

6 $640,100,000.

7 (vi) Social, Behavioral, and Economic

8 Sciences, $110,500,000.

9 (vii) United States Polar Research Pro10 grams, $158,200,000.

11 (viii) United States Antarctic Logistical

12 Activities, $62,600,000.

13 (B) Education and Human Resources,

14 $586,000,000.

15 (C) Academic Research Facilities Modernization

16 Program, $150,000,000.

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

18 (E) Salaries and Expenses, $122,000,000.

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

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

21 (2) Of the amounts authorized under paragraph (1)

22 (A) and (B)—

23 (A) $35,000,000 are authorized for activities

24 authorized by the Scientific Advanced-Technology

25 Act of 1992;
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1 (B) $50,000,000 are authorized for activities

2 authorized by section 305 of the High-Performance

3 Computing Act of 1991;

4 (C) $60,000,000 are authorized for activities

5 authorized by section 307 of the High-Performance

6 Computing Act of 1991; and

7 (D) $22,000,000 are authorized for activities

8 authorized by section 309 of the High-Performance

9 Computing Act of 1991.

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

11 for the Critical Technologies Institute.

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

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

14 Foundation shall give priority to meeting the funding

15 goals established for the Foundation for Presidential re16 search initiatives by the Federal Coordinating Council for

17 Science, Engineering, and Technology, or any successor

18 entity which assumes its responsibilities.

19 (e) EDUCATION SUPPORT FOR UNDERREPRESENTED

20 GROUPS.—In allocating funds authorized under sub21 sections (b)(1)(B) and (c)(1)(B), the Foundation shall

22 support education activities to encourage the participation

23 of women, minorities who are underrepresented in science,

24 engineering, and mathematics, and persons with disabil-
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1 ities, and shall coordinate such activities with related ef2 forts of other Federal agencies.

3 SEC. 102. PROPORTIONAL REDUCTION OF RESEARCH AND

4 RELATED ACTIVITIES AMOUNTS.

5 If the amount appropriated pursuant to section

6 101(b)(1)(A) or (c)(1)(A) is less than the amount author7 ized under that subparagraph, the amount authorized for

8 each subcategory under that subparagraph shall be re9 duced by the same proportion.

10 SEC. 103. CONSULTATION AND REPRESENTATION EX11 PENSES.

12 From appropriations made under authorizations pro13 vided in this Act, not more than $10,000 may be used

14 in each fiscal year for official consultation, representation,

15 or other extraordinary expenses at the discretion of the

16 Director. The determination of the Director shall be final

17 and conclusive upon the accounting officers of the Govern18 ment.

19 SEC. 104. TRANSFER OF FUNDS.

20 For any given fiscal year, the Director may propose

21 transfers to or from any category described in section 101

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

23 for that category. An explanation of any such proposed

24 transfer must be transmitted in writing to the Committee

25 on Science, Space, and Technology of the House of Rep-
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1 resentatives, and the Committees on Labor and Human

2 Resources and Commerce, Science, and Transportation of

3 the Senate. The proposed transfer may be made only after

4 30 calendar days have passed after transmission of such

5 written explanation.

6 TITLE II—GENERAL PROVISIONS

7 SEC. 201. ANNUAL REPORT.

8 Section 3 of the National Science Foundation Act of

9 1950 (42 U.S.C. 1862) is amended by striking subsection

10 (f) and inserting in lieu thereof the following new sub11 section:

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

13 to the President which shall be submitted by the Director

14 to the Congress at the time of the President’s annual

15 budget submission. The report shall—

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

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

18 overall goals for the Foundation and specific

19 goals for each major activity of the Foundation,

20 including each scientific directorate, the edu21 cation directorate, and the polar programs of22 fice; and

23 ‘‘(B) describes how the identified goals re24 late to national needs and will exploit new op25 portunities in science and technology;
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1 ‘‘(2) identify the criteria and describe the proce2 dures which the Foundation will use to assess

3 progress toward achieving the goals identified in ac4 cordance with paragraph (1);

5 ‘‘(3) review the activities of the Foundation

6 during the preceding year which have contributed to7 ward achievement of goals identified in accordance

8 with paragraph (1) and summarize planned activities

9 for the coming three years in the context of the

10 identified goals, with particular emphasis on the

11 Foundation’s planned contributions to major multi12 agency research and education initiatives;

13 ‘‘(4) contain such recommendations as the

14 Foundation considers appropriate; and

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

16 disposition by the Foundation of any patents and

17 patent rights.’’.

18 SEC. 202. NATIONAL RESEARCH FACILITIES.

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

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

21 submission, a plan for construction of, and repair and up22 grades to, national research facilities. The plan shall in23 clude estimates of the cost for such construction, repairs,

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

25 and maintenance of existing and proposed new facilities.
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1 For proposed new construction and for major upgrades

2 to existing facilities, the plan shall include funding profiles

3 by fiscal year and milestones for major phases of the con4 struction. The plan shall include cost estimates in the cat5 egories of construction, repair, and upgrades for the year

6 in which the plan is submitted to Congress and for not

7 fewer than the succeeding 4 years.

8 (b) LIMITATION ON OBLIGATION OF UNAUTHORIZED

9 APPROPRIATIONS.—No funds appropriated for any project

10 which involves construction of new national research facili11 ties or construction necessary for upgrading the capabili12 ties of existing national research facilities shall be obli13 gated unless the funds are specifically authorized for such

14 purpose by this Act or any other Act which is not an ap15 propriations Act, or unless the total estimated cost to the

16 Foundation of the construction project is less than

17 $50,000,000. This subsection shall not apply to construc18 tion projects approved by the National Science Board

19 prior to June 30, 1993.

20 SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

21 Section 203(b) of the Academic Research Facilities

22 Modernization Act of 1988 is amended by striking the

23 final sentence of paragraph (3) and inserting in lieu there24 of the following: ‘‘The Director shall give priority to insti25 tutions or consortia that have not received such funds in
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1 the preceding 5 years, except that this sentence shall not

2 apply to previous funding received for the same multiyear

3 project. The Director shall exclude from consideration for

4 awards to be made under the Program after fiscal year

5 1995 any institutions or consortia which received funds,

6 appropriated for a fiscal year after fiscal year 1994, for

7 the repair, renovation, construction, or replacement of

8 academic facilities, from any Federal funding source for

9 projects that were not subjected to a competitive, merit10 based award process.’’.

11 SEC. 204. ELIGIBILITY FOR PARTICIPATION IN INFORMAL

12 SCIENCE EDUCATION ACTIVITIES.

13 No science-technology center shall be disqualified

14 from competing for funding support under the informal

15 science education programs included within the Education

16 and Human Resources activities of the Foundation on the

17 basis of the geographic location of the center, the size of

18 the population served by the center, or the date on which

19 the center commences operation.

20 SEC. 205. SCIENCE AND ENGINEERING EQUAL OPPORTUNI21 TIES ACT AMENDMENTS.

22 The Science and Engineering Equal Opportunities

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

24 (1) by amending section 32 to read as follows:
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1 ‘‘FINDINGS AND POLICY

2 ‘‘SEC. 32. The national security and economic com3 petitiveness of the United States demand the full develop4 ment and use of the engineering, mathematical, and sci5 entific talents and skills of all its citizens. Past discrimina6 tion, cultural barriers, unequal educational opportunities,

7 and other factors discourage women, minorities, and per8 sons with disabilities from studying and working in engi9 neering, mathematics, and science. The Congress declares

10 it is the policy of the United States to encourage the par11 ticipation in engineering, mathematics, and science of

12 members of the groups that are underrepresented.’’;

13 (2) in section 33—

14 (A) by amending the section head to read

15 as follows:

16 ‘‘EQUAL OPPORTUNITIES IN SCIENCE AND

17 ENGINEERING’’;

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

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

20 minorities who are underrepresented in science,

21 engineering, and mathematics, and persons with

22 disabilities (collectively referred to in this sec23 tion as ‘members of underrepresented

24 groups’)’’;

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

26 students and to increase female student aware-
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1 ness’’ and inserting in lieu thereof ‘‘students

2 who are members of underrepresented groups

3 and to make those students aware’’;

4 (D) in paragraph (4), by striking ‘‘re5 search’’;

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

7 follows:

8 ‘‘(5) support programs under which scientists

9 and engineers who are members of underrepresented

10 groups interact with elementary, secondary, and un11 dergraduate students;’’;

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

13 known as the National Research Opportunity

14 Grants, to women scientists and engineers’’ and

15 inserting in lieu thereof ‘‘to scientists and engi16 neers who are members of underrepresented

17 groups’’;

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

19 women’’ and inserting in lieu thereof ‘‘such per20 sons’’;

21 (H) by striking ‘‘and’’ at the end of para22 graph (10);

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

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

25 and’’;
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1 (J) by adding at the end the following:

2 ‘‘(12) support efforts to initiate and expand re3 search opportunities at institutions serving members

4 of underrepresented groups.

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

6 Foundation may conduct or support activities in which

7 participation is limited to members of one or more

8 underrepresented groups.’’;

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

10 and

11 (L) except as otherwise provided in this

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

13 appears and inserting in lieu thereof ‘‘members

14 of underrepresented groups’’;

15 (3) by striking section 34;

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

17 with disabilities’’ after ‘‘minorities’’;

18 (5) in section 36(b), by striking the second sen19 tence and inserting in lieu the following: ‘‘The

20 Chairpersons of relevant committees or subcommit21 tees of the National Science Board, as designated by

22 the Chairperson of the Board, shall be ex officio

23 members of the Committee.’’;
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1 (6) in section 36 by striking subsections (c) and

2 (d) and redesignating subsections (e) and (f) as sub3 sections (d) and (e), respectively;

4 (7) in section 36 by inserting after subsection

5 (b) the following new subsection:

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

7 and evaluating all Foundation matters relating to partici8 pation in, opportunities for, and advancement in edu9 cation, training, and research in science and engineering

10 of members of underrepresented groups.’’; and

11 (8) in section 36(d), as redesignated by para12 graph (6) of this section, by striking ‘‘additional’’.

13 SEC. 206. ROLE OF THE FOUNDATION IN ECONOMIC COM14 PETITIVENESS.

15 The Foundation’s efforts to improve the economic

16 competitiveness of the United States shall be in accord

17 with the functions of the Foundation as specified by sec18 tion 3 of the National Science Foundation Act of 1950.

19 The primary mission of the Foundation continues to be

20 the support of basic scientific research and science edu21 cation and the support of research fundamental to the en22 gineering process and engineering education.
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1 SEC. 207. ADMINISTRATIVE AMENDMENTS.

2 (a) NATIONAL SCIENCE FOUNDATION ACT OF 1950

3 AMENDMENTS.—The National Science Foundation Act of

4 1950 is amended—

5 (1) in section 4(e) (42 U.S.C. 1863(e)) by

6 striking the second and third sentences and insert7 ing in lieu thereof the following: ‘‘The Board shall

8 adopt procedures governing the conduct of its meet9 ings, including definition of a quorum and delivery

10 of notice of meetings to members of the Board.’’;

11 (2) in section 5(e) (42 U.S.C. 1864(e)) by

12 amending paragraph (2) to read as follows:

13 ‘‘(2) Any delegation of authority or imposition of con14 ditions under paragraph (1) shall be promptly published

15 in the Federal Register and reported to the Committees

16 on Labor and Human Resources and Commerce, Science,

17 and Transportation of the Senate and the Committee on

18 Science, Space, and Technology of the House of Rep19 resentatives.’’;

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

21 subsection (j); and

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

23 striking ‘‘Atomic Energy Commission’’ and inserting

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

25 (b) NATIONAL SCIENCE FOUNDATION AUTHORIZA26 TION ACT OF 1988 AMENDMENTS.—Section
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1 117(a)(1)(B)(v) of the National Science Foundation Au2 thorization Act of 1988 is amended to read as follows:

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

4 States and the District of Columbia by any agency

5 of the Federal Government for dependents of its em6 ployees.’’.

7 (c) NATIONAL SCIENCE FOUNDATION AUTHORIZA8 TION ACT, 1977 AMENDMENT.—Section 8 of the National

9 Science Foundation Authorization Act, 1977, is repealed.

10 SEC. 208. RESEARCH INSTRUMENTATION AND FACILITIES.

11 The Foundation shall incorporate the guidelines set

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

13 (48 Fed. Reg. 15754, April 12, 1983) relating to the use

14 and operation of Foundation-supported research instru15 mentation and facilities, in its notice of Grant General

16 Conditions, and shall examine more closely the adherence

17 of grantee organizations to such guidelines.

18 SEC. 209. ENVIRONMENTALLY ADVANCED EDUCATION.

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

20 (1) Improving the general understanding of the

21 relationships between economic and technical activi22 ties and the environment, and the opportunities for

23 improvements in such relations, is essential for the

24 effective realization of sustainable economic develop25 ment.
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1 (2) In post-secondary education, with the excep2 tion of environmental specialists, environmental con3 siderations are typically not integrated into the re4 quired coursework for technical, engineering, science,

5 and related professions.

6 (3) The integration of environmental consider7 ations into all technical, engineering, science, and re8 lated professions in a timely fashion is essential to

9 better achieving sustainable economic development.

10 (b) IN GENERAL.—The Director shall establish a

11 program to promote the development and distribution of

12 curriculum and materials—

13 (1) at the primary and secondary levels that

14 will improve the understanding of the relationships

15 between economic and technical activities and the

16 environment and the opportunities for improving

17 those relationships; and

18 (2) at the post-secondary level that will incor19 porate the principles and practices of environmental

20 soundness and total cost accounting into all tech21 nical, engineering, design, scientific, and related dis22 ciplines.

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

24 ensure that the special needs of technical programs of in25 stitutions described in paragraph (2) are addressed in exe-
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1 cuting this section, including disseminating information

2 about practices that exemplify environmentally sound

3 practices.

4 (2)(A) Except as provided in subparagraph (B), insti5 tutions referred to in paragraph (1) are institutions of

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

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

8 that offer a 2-year associate-degree program, 2-year cer9 tificate program, or other shorter program described in

10 such section 1201(a).

11 (B) Notwithstanding section 1201(a)(4) of the High12 er Education Act of 1965, institutions referred to in para13 graph (1) may include proprietary institutions.

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

15 the heads of other agencies of the Federal Government,

16 State and local governments, educational institutions, and

17 appropriate private sector organizations, including accred18 itation boards for engineering, technology, and design edu19 cational institutions in executing this section.

20 SEC. 210. LIMITATION ON APPROPRIATIONS.

21 Notwithstanding any other provision of this Act, no

22 funds are authorized to be appropriated for any fiscal year

23 after fiscal year 1996 for carrying out the programs and

24 activities for which funds are authorized by this Act, or

25 the amendments made by this Act.
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1 SEC. 211. INDIRECT COST REIMBURSEMENT.

2 (a) LIMITATION.—None of the funds authorized

3 under section 101(b) may be awarded to any grantee who

4 reported Federal research grant outlays in excess of

5 $10,000,000 in fiscal year 1994, unless such grantee—

6 (1) agrees to notify the Foundation of the

7 amount of any increased indirect expense; and

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

9 amount that equals the increased indirect expense,

10 of its claims for the portion of unliquidated obliga11 tions from prior year research grants that comprise

12 the indirect expense allocated to the Foundation.

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

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

15 which the grantee’s claim for indirect expense allocated

16 to the Foundation for research grants for fiscal year 1995

17 exceeds the amount of such claim for fiscal year 1994.

18 SEC. 212. AWARD OF GRANTS AND CONTRACTS: REQUIRE19 MENT OF COMPETITION.

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

21 contract to any institutions or consortia for the perform22 ance of research and development, or for the construction

23 of any research or other facility, unless such grant or

24 award is made using a competitive, merit-based evaluation

25 process.
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1 (b)(1) A provision of law may not be construed as

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

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

4 to a particular institution or consortium by grant or con5 tract, unless that provision of law—

6 (A) specifically refers to this section;

7 (B) specifically states that such provision of law

8 modifies or supersedes the provisions of this section;

9 and

10 (C) specifically identifies the particular institu11 tion or consortium involved and states that the grant

12 to be made or the contract to be awarded, as the

13 case may be, pursuant to such provision of law, is

14 being made or awarded in contravention to sub15 section (a).

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

17 pursuant to a provision of law that authorizes or requires

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

19 in a manner that is inconsistent with subsection (a)

20 until—

21 (A) the Director submits to Congress a notice

22 in writing of the intent to make the grant or award

23 the contract; and

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

25 date on which the notice is received by Congress.
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1 SEC. 213. DENIAL OF AWARDS OF GRANTS OR CONTRACTS

2 TO EDUCATIONAL INSTITUTIONS WHICH PRE3 VENT MILITARY RECRUITING.

4 (a) DENIAL OF FUNDS.—The Director may not make

5 a grant or award a contract to any educational institution

6 that has a policy of denying, or which effectively prevents,

7 any of the military services of the United States from ob8 taining for military recruiting purposes—

9 (1) entry to campuses or access to students on

10 campuses; or

11 (2) access to directory information pertaining to

12 students; consistent with applicable law.

13 (b) PROCEDURES FOR DETERMINATION.—In deter14 mining compliance with subsection (a), the Director

15 shall—

16 (1) include on any grant or contract application

17 questions as to whether the educational institution

18 has, by policy or practice, effectively denied such

19 entry or access for recruiting purposes; and

20 (2) inquire of the Department of Defense

21 whether such entry or access has been denied by an

22 institution before awarding such grant or contract to

23 it.

24 (c) DEFINITIONS.—For purposes of this section—
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1 (1) the term ‘‘student’’ means an individual en2 rolled in an educational institution who is 17 years

3 of age or older; and

4 (2) the term ‘‘directory information’’ means,

5 with respect to a student, the student’s name, ad6 dress, telephone listing, date and place of birth, level

7 of education, degrees received, and the most recent

8 educational institution enrolled in by the student.

9 SEC. 214. SENSE OF CONGRESS REQUIREMENT REGARDING

10 NOTICE.

11 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

12 AND PRODUCTS.—In the case of any equipment or prod13 ucts that may be authorized to be purchased with financial

14 assistance provided under this Act, it is the sense of the

15 Congress that entities receiving such assistance should, in

16 expending the assistance, purchase only American-made

17 equipment and products.

18 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

19 providing financial assistance under this Act, the Director

20 shall provide to each recipient of assistance a notice de21 scribing the statement made in subsection (a) by the Con22 gress.
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1 TITLE III—ACADEMIC RE2 SEARCH FACILITIES MOD3 ERNIZATION

4 SEC. 301. FINDINGS.

5 The Congress finds that—

6 (1) the deficiencies in the condition of buildings

7 and equipment used for the conduct of fundamental

8 research and related education programs at many

9 universities and colleges which are cited in section

10 202 of the Academic Research Facilities Moderniza11 tion Act of 1988 are substantially unchanged;

12 (2) a national effort, involving the participation

13 of Federal and State governments and the private

14 sector, is required to make progress in improving the

15 state of academic research facilities; and

16 (3) because of the scale of the problem, the

17 Federal effort to upgrade academic research facili18 ties must involve a coordinated program among all

19 Federal agencies which sponsor research at academic

20 institutions.

21 SEC. 302. FACILITIES MODERNIZATION PLAN.

22 The Director of the Office of Science and Technology

23 Policy, through the Federal Coordinating Council for

24 Science, Engineering, and Technology, or any successor

25 entity which assumes its responsibilities, shall develop a
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1 plan for a multiagency Federal program to provide finan2 cial support to institutions of higher education for the re3 pair, renovation, or replacement of obsolete science and

4 engineering facilities primarily devoted to research. The

5 plan shall—

6 (1) include participation by all Federal depart7 ments and agencies which provide substantial Fed8 eral support for research and development activities

9 at institutions of higher education;

10 (2) provide estimates of the level of funding re11 quired, by department and agency, and period for

12 which funding should be provided to relieve substan13 tially the backlog of research facilities needs and to

14 ensure that, at the conclusion of the period pro15 posed, the facilities available will be satisfactory to

16 support national research needs;

17 (3) take into consideration, for determining the

18 requirements of paragraph (2), ongoing efforts by

19 Federal departments and agencies, State govern20 ments, and the private sector to upgrade research

21 facilities;

22 (4) be designed to address the needs of the cat23 egories of institutions eligible for awards under the

24 Academic Research Facilities Modernization Act of

25 1988;
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1 (5) detail administrative procedures and guide2 lines for the implementation of the modernization

3 program; and

4 (6) state procedures and data collection steps

5 which have been implemented to assess the state of

6 academic research facilities and to measure the rate

7 of progress in improving the condition of the facili8 ties.

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

10 the Director of the Office of Science and Technology Pol11 icy shall transmit to the Congress the plan developed

12 under this section.

13 SEC. 303. LIMITATION ON OBLIGATION OF UNAUTHORIZED

14 APPROPRIATIONS.

15 No funds appropriated to the Foundation for con16 struction of new facilities or construction necessary for up17 grading the capabilities of existing facilities at institutions

18 eligible for awards under the Academic Research Facilities

19 Modernization Act of 1988 shall be obligated unless the

20 funds are awarded in accordance with the requirements

21 of the Academic Research Facilities Modernization Act of

22 1988 or are specifically authorized for such purpose by

23 this Act or any other Act which is not an appropriations

24 Act.
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1 TITLE IV—INTERNATIONAL

2 SCIENTIFIC COOPERATION

3 SEC. 401. FINDINGS.

4 The Congress finds the following:

5 (1) Debt-for-science exchanges can provide an

6 innovative means to enhance scientific cooperation

7 with countries whose external debt burden prevents

8 them from allocating sufficient resources to their sci9 entific and technological infrastructures.

10 (2) Debt-for-science exchanges have been dem11 onstrated to improve the state of scientific research

12 and education in several countries, including Bolivia,

13 Costa Rica, Ecuador, Chile, and Mexico.

14 SEC. 402. DEBT-FOR-SCIENCE EXCHANGES.

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

16 Director is authorized to make grants to organizations

17 within the United States, including colleges and univer18 sities, for the purpose of debt-for-science exchanges. Be19 fore making any grant under this section, the Director

20 shall ascertain that—

21 (1) funds resulting from the debt-for-science ex22 change will be expended only for purposes of inter23 national cooperative scientific research and develop24 ment projects;
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1 (2) the debt-for-science exchange will make

2 funds available for such projects which otherwise

3 would not be available;

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

5 result of the debt-for-science exchange will be sub6 stantially greater than the United States dollar pur7 chase price of the debt;

8 (4) the grantee certifies that the debtor govern9 ment has accepted the terms of the exchange and

10 that an agreement has been reached to cancel the

11 commercial debt; and

12 (5) Federal grants made under this section will

13 be equally matched by non-Federal contributions to

14 purchase debt.

15 (b) INVESTMENT OF GOVERNMENT ASSISTANCE.—

16 Grantees or subgrantees of funds provided under this sec17 tion may retain, without deposit in the Treasury of the

18 United States and without further appropriation by Con19 gress, interest earned on the proceeds of any resulting

20 debt-for-science exchange pending disbursements of such

21 proceeds and interest for approved program purposes,

22 which may include the establishment of an endowment, the

23 income of which is used for such purposes.

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

25 the Director shall coordinate with Federal agencies, such
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1 as the Agency for International Development, that have

2 expertise in debt exchanges.

3 SEC. 403. NATIONAL SCIENCE FOUNDATION PARTICIPA4 TION IN BINATIONAL AND MULTINATIONAL

5 ENDOWED SCIENCE FOUNDATIONS.

6 The Director, in consultation with appropriate offi7 cials of the United States and foreign countries, may en8 courage and facilitate the establishment of binational and

9 multinational endowed science foundations, and may par10 ticipate in the operation and governance of such founda11 tions, including serving as a member of or designating

12 members to the Boards of Governors, if such founda13 tions—

14 (1) have Boards of Governors whose members

15 are chosen to represent participating countries and

16 possess expertise in international scientific coopera17 tion;

18 (2) have a structure and operational character19 istics determined exclusively by their Boards of Gov20 ernors, consistent with paragraph (3); and

21 (3) are established and governed in accordance

22 with charters which include provisions—

23 (A) to ensure that the funding of the en24 dowment is shared equitably among the partici-
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1 pating nations, appropriate to their economic

2 resources;

3 (B) to protect the endowment’s principal

4 from loss of value due to inflation;

5 (C) to define the range of scientific and

6 educational activities to be funded;

7 (D) to define criteria for application, merit

8 review, and awarding of funds which encom9 pass, at a minimum, consideration of scientific

10 merit, strength of collaborative arrangements,

11 and potential benefit to participants;

12 (E) to limit administrative costs to those

13 that are prudent and necessary; and

14 (F) to engage an independent auditor to

15 perform an annual organization-wide audit of

16 such foundations, in accordance with generally

17 accepted auditing standards, and to make the

18 results of the audit immediately available to the

19 Director and the Board of Governors.

20 SEC. 404. REPORT.

21 Within one year after the date of enactment of this

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

23 plan for international scientific cooperation activities un24 dertaken by the Foundation which—
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1 (1) describes and evaluates all activities involv2 ing international scientific cooperation currently car3 ried out by the Foundation;

4 (2) describes how these activities relate to ongo5 ing and prospective Foundation research and edu6 cational activities;

7 (3) details research activities and geographic

8 areas where international scientific cooperation has

9 been most effective and where it has been least ef10 fective;

11 (4) describes plans for future cooperative inter12 national scientific projects; and

13 (5) assesses the research activities and geo14 graphic areas where future international scientific

15 cooperation would be most effective.

16 TITLE V—UNDERGRADUATE

17 EDUCATION

18 SEC. 501. REQUIREMENT FOR FUNDING.

19 Each educational institution that receives a research

20 grant from the Foundation in fiscal year 1995 shall, as

21 a condition of receiving such grant, provide to the Founda22 tion the following information on its undergraduate math23 ematics, science, and engineering activities:
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1 (1) A description of teacher training programs

2 mandated by the institution for teaching assistants,

3 including the number of training hours required.

4 (2) The institution’s policy regarding the rel5 ative importance of teaching and research duties in

6 decisions on promotion, tenure, and salary for fac7 ulty, including any written policy with specific cri8 teria.

9 (3) Any policy allowing faculty to replace uni10 versity salary with funds from outside sources, along

11 with any policy allowing faculty to replace all or part

12 of the teaching load with increased research.

13 (4) The number of faculty released from some

14 or all of their teaching responsibilities pursuant to a

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

16 replacing all or some of their salary with Federal

17 funds reported separately.

18 (5) The number and percentage of faculty, not

19 including those on regular sabbatical leave, teaching

20 no undergraduate courses.

21 (6) The number and percentage of faculty sup22 ported by active Federal research grants teaching

23 freshman or sophomore lecture courses.

24 (7) The number and percentage of lecture

25 sources taught by individuals other than faculty.
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1 (8) The number of students per course in each

2 introductory course.

3 Information shall be provided for the most recent aca4 demic year for which it is available. For purposes of this

5 section, the term ‘‘educational institution’’ means an insti6 tution of higher education that is ranked among the top

7 100 of the institutions receiving Federal research and de8 velopment funding, as documented in the latest annual re9 port of the Foundation entitled ‘‘Federal Support to Uni10 versities, Colleges, and Selected Non-Profit Institutions’’.

11 The term ‘‘faculty’’ means tenured or tenure-track em12 ployees not serving in full-time administrative positions.

13 The Foundation shall compile this information and submit

14 it to the Congress no later than December 31, 1995.

15 SEC. 502. RECOMMENDATIONS.

16 The Director shall transmit to the Congress, at the

17 time of the President’s budget request for fiscal year

18 1997, recommendations as to how Foundation research

19 funds could be used to increase the focus on undergradu20 ate education at institutions of higher education.

Passed the House of Representatives May 4, 1994.

Attest:

Clerk.
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