```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3254 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 3254

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                  May 5 (legislative day, May 2), 1994

 Received; read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 AN ACT

 
 To authorize appropriations 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 1994''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``debt-for-science exchange'' means an 
        agreement whereby a portion of a nation's commercial external 
        debt burden is exchanged by the holder for a contribution of 
        local currencies or other assets to support scientific and 
        technological research;
            (2) the term ``Director'' means the Director of the 
        Foundation;
            (3) the term ``Foundation'' means the National Science 
        Foundation;
            (4) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965;
            (5) 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;
            (6) the term ``science-technology center'' has the meaning 
        given such term in section 231(f) of the Excellence in 
        Mathematics, Science, and Engineering Education Act of 1990, 
        and shall include both newly organized and established science-
        technology centers; and
            (7) 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) Finding.--Congress finds that 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.
    (b) Fiscal Year 1995.--(1) There are authorized to be appropriated 
to the Foundation $3,150,000,000 for fiscal year 1995, which shall be 
available for the following categories:
            (A) Research and Related Activities, $2,254,800,000, which 
        shall be available for the following subcategories:
                    (i) Biological Sciences, $298,800,000.
                    (ii) Computer and Information Science and 
                Engineering, $260,600,000.
                    (iii) Engineering, $311,500,000, of which 
                $2,000,000 shall be expended for primary materials 
                processing research.
                    (iv) Geosciences, $421,300,000.
                    (v) Mathematical and Physical Sciences, 
                $636,300,000.
                    (vi) Social, Behavioral, and Economic Sciences, 
                $104,800,000.
                    (vii) United States Polar Research Programs, 
                $158,800,000.
                    (viii) United States Antarctic Logistical 
                Activities, $62,600,000.
            (B) Education and Human Resources, $586,000,000.
            (C) Academic Research Facilities Modernization Program, 
        $110,000,000.
            (D) Major Research Equipment, $70,000,000.
            (E) Salaries and Expenses, $120,000,000.
            (F) Office of Inspector General, $4,000,000.
            (G) Headquarters Relocation, $5,200,000.
    (2) Of the amounts authorized under paragraph (1) (A) and (B)--
            (A) $35,000,000 are authorized for activities authorized by 
        the Scientific and Advanced-Technology Act of 1992;
            (B) $30,000,000 are authorized for activities authorized by 
        section 305 of the High-Performance Computing Act of 1991;
            (C) $45,000,000 are authorized for activities authorized by 
        section 307 of the High-Performance Computing Act of 1991; and
            (D) $16,000,000 are authorized for activities authorized by 
        section 309 of the High-Performance Computing Act of 1991.
    (3) No funds shall be expended for fiscal year 1995 for the 
Critical Technologies Institute.
    (c) Fiscal Year 1996.--(1) There are authorized to be appropriated 
to the Foundation $3,234,000,000 for fiscal year 1996, which shall be 
available for the following categories:
            (A) Research and Related Activities, $2,299,800,000, which 
        shall be available for the following subcategories:
                    (i) Biological Sciences, $304,100,000.
                    (ii) Computer and Information Science and 
                Engineering, $273,600,000.
                    (iii) Engineering, $324,500,000, of which 
                $2,500,000 shall be expended for primary materials 
                processing research.
                    (iv) Geosciences, $426,200,000.
                    (v) Mathematical and Physical Sciences, 
                $640,100,000.
                    (vi) Social, Behavioral, and Economic Sciences, 
                $110,500,000.
                    (vii) United States Polar Research Programs, 
                $158,200,000.
                    (viii) United States Antarctic Logistical 
                Activities, $62,600,000.
            (B) Education and Human Resources, $586,000,000.
            (C) Academic Research Facilities Modernization Program, 
        $150,000,000.
            (D) Major Research Equipment, $67,000,000.
            (E) Salaries and Expenses, $122,000,000.
            (F) Office of Inspector General, $4,000,000.
            (G) Headquarters Relocation, $5,200,000.
    (2) Of the amounts authorized under paragraph (1) (A) and (B)--
            (A) $35,000,000 are authorized for activities authorized by 
        the Scientific Advanced-Technology Act of 1992;
            (B) $50,000,000 are authorized for activities authorized by 
        section 305 of the High-Performance Computing Act of 1991;
            (C) $60,000,000 are authorized for activities authorized by 
        section 307 of the High-Performance Computing Act of 1991; and
            (D) $22,000,000 are authorized for activities authorized by 
        section 309 of the High-Performance Computing Act of 1991.
    (3) No funds shall be expended for fiscal year 1996 for the 
Critical Technologies Institute.
    (d) Meeting Funding Goals.--In allocating funds authorized under 
subsections (b)(1)(A) and (c)(1)(A), the Foundation shall give priority 
to meeting the funding goals established for the Foundation for 
Presidential research initiatives by the Federal Coordinating Council 
for Science, Engineering, and Technology, or any successor entity which 
assumes its responsibilities.
    (e) Education Support for Underrepresented Groups.--In allocating 
funds authorized under subsections (b)(1)(B) and (c)(1)(B), the 
Foundation shall support education activities to encourage the 
participation of women, minorities who are underrepresented in science, 
engineering, and mathematics, and persons with disabilities, and shall 
coordinate such activities with related efforts of other Federal 
agencies.

SEC. 102. PROPORTIONAL REDUCTION OF RESEARCH AND RELATED ACTIVITIES 
              AMOUNTS.

    If the amount appropriated pursuant to section 101(b)(1)(A) or 
(c)(1)(A) is less than the amount authorized under that subparagraph, 
the amount authorized for each subcategory under that subparagraph 
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.

SEC. 104. TRANSFER OF FUNDS.

    For any given fiscal year, the Director may propose transfers to or 
from any category described in section 101 up to a maximum of 10 
percent of the amount authorized for that category. An explanation of 
any such proposed transfer must be transmitted in writing to the 
Committee on Science, Space, and Technology of the House of 
Representatives, and the Committees on Labor and Human Resources and 
Commerce, Science, and Transportation of the Senate. The proposed 
transfer may be made only after 30 calendar days have passed after 
transmission of such written explanation.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. ANNUAL REPORT.

    Section 3 of the National Science Foundation Act of 1950 (42 U.S.C. 
1862) is amended by striking subsection (f) and inserting in lieu 
thereof the following new subsection:
    ``(f) The Foundation shall provide an annual report to the 
President which shall be submitted by the Director to the Congress at 
the time of the President's annual budget submission. The report 
shall--
            ``(1) contain a strategic plan which--
                    ``(A) defines for a three-year period the overall 
                goals for the Foundation and specific goals for each 
                major activity of the Foundation, including each 
                scientific directorate, the education directorate, and 
                the polar programs office; and
                    ``(B) describes how the identified goals relate to 
                national needs and will exploit new opportunities in 
                science and technology;
            ``(2) identify the criteria and describe the procedures 
        which the Foundation will use to assess progress toward 
        achieving the goals identified in accordance with paragraph 
        (1);
            ``(3) review the activities of the Foundation during the 
        preceding year which have contributed toward achievement of 
        goals identified in accordance with paragraph (1) and summarize 
        planned activities for the coming three years in the context of 
        the identified goals, with particular emphasis on the 
        Foundation's planned contributions to major multi-agency 
        research and education initiatives;
            ``(4) contain such recommendations as the Foundation 
        considers appropriate; and
            ``(5) include information on the acquisition and 
        disposition by the Foundation of any patents and patent 
        rights.''.

SEC. 202. NATIONAL RESEARCH FACILITIES.

    (a) Facilities Plan.--The Director shall provide to Congress 
annually, at the time of the President's budget submission, a plan for 
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) 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, 1993.

SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

    Section 203(b) of the Academic Research Facilities Modernization 
Act of 1988 is amended by striking the final sentence of paragraph (3) 
and inserting in lieu thereof the following: ``The Director shall give 
priority to institutions or consortia that have not received such funds 
in the preceding 5 years, except that this sentence shall not apply to 
previous funding received for the same multiyear project. The Director 
shall exclude from consideration for awards to be made under the 
Program after fiscal year 1995 any institutions or consortia which 
received funds, appropriated for a fiscal year after fiscal year 1994, 
for the repair, renovation, construction, or replacement of academic 
facilities, from any Federal funding source for projects that were not 
subjected to a competitive, merit-based award process.''.

SEC. 204. ELIGIBILITY FOR PARTICIPATION IN INFORMAL SCIENCE EDUCATION 
              ACTIVITIES.

    No science-technology center shall be disqualified from competing 
for funding support under the informal science education programs 
included within the Education and Human Resources activities of the 
Foundation on the basis of the geographic location of the center, the 
size of the population served by the center, or the date on which the 
center commences operation.

SEC. 205. SCIENCE AND ENGINEERING EQUAL OPPORTUNITIES ACT AMENDMENTS.

    The Science and Engineering Equal Opportunities Act (42 U.S.C. 1885 
et seq.) is amended--
            (1) by amending section 32 to read as follows:

                         ``findings and policy

    ``Sec. 32. The national security and economic competitiveness of 
the United States demand the full development and use of the 
engineering, mathematical, and scientific talents and skills of all its 
citizens. Past discrimination, cultural barriers, unequal educational 
opportunities, and other factors discourage women, minorities, and 
persons with disabilities from studying and working in engineering, 
mathematics, and science. The Congress declares it is the policy of the 
United States to encourage the participation in engineering, 
mathematics, and science of members of the groups that are 
underrepresented.'';
            (2) in section 33--
                    (A) by amending the section head to read as 
                follows:

          ``equal opportunities in science and engineering'';

                    (B) in paragraph (1)(A), by striking ``women'' and 
                inserting in lieu thereof ``women, minorities who are 
                underrepresented in science, engineering, and 
                mathematics, and persons with disabilities 
                (collectively referred to in this section as `members 
                of underrepresented groups')'';
                    (C) in paragraph (2), by striking ``female students 
                and to increase female student awareness'' and 
                inserting in lieu thereof ``students who are members of 
                underrepresented groups and to make those students 
                aware'';
                    (D) in paragraph (4), by striking ``research'';
                    (E) by amending paragraph (5) to read as follows:
            ``(5) support programs under which scientists and engineers 
        who are members of underrepresented groups interact with 
        elementary, secondary, and undergraduate students;'';
                    (F) in paragraph (8), by striking ``, to be known 
                as the National Research Opportunity Grants, to women 
                scientists and engineers'' and inserting in lieu 
                thereof ``to scientists and engineers who are members 
                of underrepresented groups'';
                    (G) in paragraph (9), by striking ``such women'' 
                and inserting in lieu thereof ``such persons'';
                    (H) by striking ``and'' at the end of paragraph 
                (10);
                    (I) by striking the period at the end of paragraph 
                (11) and inserting in lieu thereof ``; and'';
                    (J) by adding at the end the following:
            ``(12) support efforts to initiate and expand research 
        opportunities at institutions serving members of 
        underrepresented groups.
    ``(b) In carrying out activities under this section, the Foundation 
may conduct or support activities in which participation is limited to 
members of one or more underrepresented groups.'';
                    (K) by inserting ``(a)'' after ``Sec. 33.''; and
                    (L) except as otherwise provided in this paragraph, 
                by striking ``women'' each place it appears and 
                inserting in lieu thereof ``members of underrepresented 
                groups'';
            (3) by striking section 34;
            (4) in section 36(a), by inserting ``, persons with 
        disabilities'' after ``minorities'';
            (5) in section 36(b), by striking the second sentence and 
        inserting in lieu the following: ``The Chairpersons of relevant 
        committees or subcommittees of the National Science Board, as 
        designated by the Chairperson of the Board, shall be ex officio 
        members of the Committee.'';
            (6) in section 36 by striking subsections (c) and (d) and 
        redesignating subsections (e) and (f) as subsections (d) and 
        (e), respectively;
            (7) in section 36 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 members of underrepresented groups.''; 
and
            (8) in section 36(d), as redesignated by paragraph (6) of 
        this section, by striking ``additional''.

SEC. 206. ROLE OF THE FOUNDATION IN ECONOMIC COMPETITIVENESS.

    The Foundation's efforts to improve the economic competitiveness of 
the United States shall be in accord with the functions of the 
Foundation as specified by section 3 of the National Science Foundation 
Act of 1950. 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.

SEC. 207. ADMINISTRATIVE AMENDMENTS.

    (a) National Science Foundation Act of 1950 Amendments.--The 
National Science Foundation Act of 1950 is amended--
            (1) in section 4(e) (42 U.S.C. 1863(e)) by striking the 
        second and third sentences and inserting in lieu thereof the 
        following: ``The Board shall adopt procedures governing the 
        conduct of its meetings, including definition of a quorum and 
        delivery of notice of meetings to members of the Board.'';
            (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, 
Space, and Technology of the House of Representatives.'';
            (3) in section 14 (42 U.S.C. 1873) by striking subsection 
        (j); and
            (4) in section 15(a) (42 U.S.C. 1874(a)) by striking 
        ``Atomic Energy Commission'' and inserting in lieu thereof 
        ``Secretary of Energy''.
    (b) National Science Foundation Authorization Act of 1988 
Amendments.--Section 117(a)(1)(B)(v) of the National Science Foundation 
Authorization Act of 1988 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.''.
    (c) National Science Foundation Authorization Act, 1977 
Amendment.--Section 8 of the National Science Foundation Authorization 
Act, 1977, is repealed.

SEC. 208. RESEARCH INSTRUMENTATION AND FACILITIES.

    The Foundation shall incorporate the guidelines set forth in 
Important Notice No. 91, dated March 11, 1983 (48 Fed. Reg. 15754, 
April 12, 1983) relating to the use and operation of Foundation-
supported research instrumentation and facilities, in its notice of 
Grant General Conditions, and shall examine more closely the adherence 
of grantee organizations to such guidelines.

SEC. 209. ENVIRONMENTALLY ADVANCED EDUCATION.

    (a) Findings.--The Congress finds the following:
            (1) Improving the general understanding of the 
        relationships between economic and technical activities and the 
        environment, and the opportunities for improvements in such 
        relations, is essential for the effective realization of 
        sustainable economic development.
            (2) In post-secondary education, with the exception of 
        environmental specialists, environmental considerations are 
        typically not integrated into the required coursework for 
        technical, engineering, science, and related professions.
            (3) The integration of environmental considerations into 
        all technical, engineering, science, and related professions in 
        a timely fashion is essential to better achieving sustainable 
        economic development.
    (b) In General.--The Director shall establish a program to promote 
the development and distribution of curriculum and materials--
            (1) at the primary and secondary levels that will improve 
        the understanding of the relationships between economic and 
        technical activities and the environment and the opportunities 
        for improving those relationships; and
            (2) at the post-secondary level that will incorporate the 
        principles and practices of environmental soundness and total 
        cost accounting into all technical, engineering, design, 
        scientific, and related disciplines.
    (c) Technical Programs.--(1) The Director shall ensure that the 
special needs of technical programs of institutions described in 
paragraph (2) are addressed in executing this section, including 
disseminating information about practices that exemplify 
environmentally sound practices.
    (2)(A) Except as provided in subparagraph (B), institutions 
referred to in paragraph (1) are institutions of higher education (as 
determined under section 1201(a) of the Higher Education Act of 1965 
(20 U.S.C. 1141(a))) that offer a 2-year associate-degree program, 2-
year certificate program, or other shorter program described in such 
section 1201(a).
    (B) Notwithstanding section 1201(a)(4) of the Higher Education Act 
of 1965, institutions referred to in paragraph (1) may include 
proprietary institutions.
    (d) Coordination.--The Director shall consult with the heads of 
other agencies of the Federal Government, State and local governments, 
educational institutions, and appropriate private sector organizations, 
including accreditation boards for engineering, technology, and design 
educational institutions in executing this section.

SEC. 210. LIMITATION ON APPROPRIATIONS.

    Notwithstanding any other provision of this Act, no funds are 
authorized to be appropriated for any fiscal year after fiscal year 
1996 for carrying out the programs and activities for which funds are 
authorized by this Act, or the amendments made by this Act.

SEC. 211. INDIRECT COST REIMBURSEMENT.

    (a) Limitation.--None of the funds authorized under section 101(b) 
may be awarded to any grantee who reported Federal research grant 
outlays in excess of $10,000,000 in fiscal year 1994, unless such 
grantee--
            (1) agrees to notify the Foundation of the amount of any 
        increased indirect expense; and
            (2) agrees to the permanent cancellation, in an amount that 
        equals the increased indirect expense, of its claims for the 
        portion of unliquidated obligations from prior year research 
        grants that comprise the indirect expense allocated to the 
        Foundation.
    (b) Definition.--For purposes of this section, the term ``increased 
indirect expense'' means the amount by which the grantee's claim for 
indirect expense allocated to the Foundation for research grants for 
fiscal year 1995 exceeds the amount of such claim for fiscal year 1994.

SEC. 212. AWARD OF GRANTS AND CONTRACTS: REQUIREMENT OF COMPETITION.

    (a) The Director may not make a grant or award a contract to any 
institutions or consortia for the performance of research and 
development, or for the construction of any research or other facility, 
unless such grant or award is made using a competitive, merit-based 
evaluation process.
    (b)(1) A provision of law may not be construed as modifying or 
superseding the provisions of subsection (a), or as requiring funds to 
be made available by the Director to a particular institution or 
consortium by grant or contract, unless that provision of law--
            (A) specifically refers to this section;
            (B) specifically states that such provision of law modifies 
        or supersedes the provisions of this section; and
            (C) specifically identifies the particular institution or 
        consortium involved and states that the grant to be made or the 
        contract to be awarded, as the case may be, pursuant to such 
        provision of law, is being made or awarded in contravention to 
        subsection (a).
    (2) A grant may not be made, or a contract awarded, pursuant to a 
provision of law that authorizes or requires the making of the grant, 
or the awarding of the contract, in a manner that is inconsistent with 
subsection (a) until--
            (A) the Director submits to Congress a notice in writing of 
        the intent to make the grant or award the contract; and
            (B) a period of 180 days has elapsed after the date on 
        which the notice is received by Congress.

SEC. 213. DENIAL OF AWARDS OF GRANTS OR CONTRACTS TO EDUCATIONAL 
              INSTITUTIONS WHICH PREVENT MILITARY RECRUITING.

    (a) Denial of Funds.--The Director may not make a grant or award a 
contract to any educational institution that has a policy of denying, 
or which effectively prevents, any of the military services of the 
United States from obtaining for military recruiting purposes--
            (1) entry to campuses or access to students on campuses; or
            (2) access to directory information pertaining to students; 
        consistent with applicable law.
    (b) Procedures for Determination.--In determining compliance with 
subsection (a), the Director shall--
            (1) include on any grant or contract application questions 
        as to whether the educational institution has, by policy or 
        practice, effectively denied such entry or access for 
        recruiting purposes; and
            (2) inquire of the Department of Defense whether such entry 
        or access has been denied by an institution before awarding 
        such grant or contract to it.
    (c) Definitions.--For purposes of this section--
            (1) the term ``student'' means an individual enrolled in an 
        educational institution who is 17 years of age or older; and
            (2) the term ``directory information'' means, with respect 
        to a student, the student's name, address, telephone listing, 
        date and place of birth, level of education, degrees received, 
        and the most recent educational institution enrolled in by the 
        student.

SEC. 214. SENSE OF CONGRESS REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under this Act, it is the sense of 
the Congress that entities receiving such assistance should, in 
expending the assistance, purchase only American-made equipment and 
products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Director shall provide to each recipient 
of assistance a notice describing the statement made in subsection (a) 
by the Congress.

         TITLE III--ACADEMIC RESEARCH FACILITIES MODERNIZATION

SEC. 301. FINDINGS.

    The Congress finds that--
            (1) the deficiencies in the condition of buildings and 
        equipment used for the conduct of fundamental research and 
        related education programs at many universities and colleges 
        which are cited in section 202 of the Academic Research 
        Facilities Modernization Act of 1988 are substantially 
        unchanged;
            (2) a national effort, involving the participation of 
        Federal and State governments and the private sector, is 
        required to make progress in improving the state of academic 
        research facilities; and
            (3) because of the scale of the problem, the Federal effort 
        to upgrade academic research facilities must involve a 
        coordinated program among all Federal agencies which sponsor 
        research at academic institutions.

SEC. 302. FACILITIES MODERNIZATION PLAN.

    The Director of the Office of Science and Technology Policy, 
through the Federal Coordinating Council for Science, Engineering, and 
Technology, or any successor entity which assumes its responsibilities, 
shall develop a plan for a multiagency Federal program to provide 
financial support to institutions of higher education for the repair, 
renovation, or replacement of obsolete science and engineering 
facilities primarily devoted to research. The plan shall--
            (1) include participation by all Federal departments and 
        agencies which provide substantial Federal support for research 
        and development activities at institutions of higher education;
            (2) provide estimates of the level of funding required, by 
        department and agency, and period for which funding should be 
        provided to relieve substantially the backlog of research 
        facilities needs and to ensure that, at the conclusion of the 
        period proposed, the facilities available will be satisfactory 
        to support national research needs;
            (3) take into consideration, for determining the 
        requirements of paragraph (2), ongoing efforts by Federal 
        departments and agencies, State governments, and the private 
        sector to upgrade research facilities;
            (4) be designed to address the needs of the categories of 
        institutions eligible for awards under the Academic Research 
        Facilities Modernization Act of 1988;
            (5) detail administrative procedures and guidelines for the 
        implementation of the modernization program; and
            (6) state procedures and data collection steps which have 
        been implemented to assess the state of academic research 
        facilities and to measure the rate of progress in improving the 
        condition of the facilities.
Within 18 months after the date of enactment of this Act, the Director 
of the Office of Science and Technology Policy shall transmit to the 
Congress the plan developed under this section.

SEC. 303. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.

    No funds appropriated to the Foundation for construction of new 
facilities or construction necessary for upgrading the capabilities of 
existing facilities at institutions eligible for awards under the 
Academic Research Facilities Modernization Act of 1988 shall be 
obligated unless the funds are awarded in accordance with the 
requirements of the Academic Research Facilities Modernization Act of 
1988 or are specifically authorized for such purpose by this Act or any 
other Act which is not an appropriations Act.

             TITLE IV--INTERNATIONAL SCIENTIFIC COOPERATION

SEC. 401. FINDINGS.

    The Congress finds the following:
            (1) Debt-for-science exchanges can provide an innovative 
        means to enhance scientific cooperation with countries whose 
        external debt burden prevents them from allocating sufficient 
        resources to their scientific and technological 
        infrastructures.
            (2) Debt-for-science exchanges have been demonstrated to 
        improve the state of scientific research and education in 
        several countries, including Bolivia, Costa Rica, Ecuador, 
        Chile, and Mexico.

SEC. 402. DEBT-FOR-SCIENCE EXCHANGES.

    (a) Debt-For-Science Exchange Grants.--The Director is authorized 
to make grants to organizations within the United States, including 
colleges and universities, for the purpose of debt-for-science 
exchanges. Before making any grant under this section, the Director 
shall ascertain that--
            (1) funds resulting from the debt-for-science exchange will 
        be expended only for purposes of international cooperative 
        scientific research and development projects;
            (2) the debt-for-science exchange will make funds available 
        for such projects which otherwise would not be available;
            (3) the amount of local currency provided as a result of 
        the debt-for-science exchange will be substantially greater 
        than the United States dollar purchase price of the debt;
            (4) the grantee certifies that the debtor government has 
        accepted the terms of the exchange and that an agreement has 
        been reached to cancel the commercial debt; and
            (5) Federal grants made under this section will be equally 
        matched by non-Federal contributions to purchase debt.
    (b) Investment of Government Assistance.--Grantees or subgrantees 
of funds provided under this section may retain, without deposit in the 
Treasury of the United States and without further appropriation by 
Congress, interest earned on the proceeds of any resulting debt-for-
science exchange pending disbursements of such proceeds and interest 
for approved program purposes, which may include the establishment of 
an endowment, the income of which is used for such purposes.
    (c) Coordination.--In carrying out subsection (a) the Director 
shall coordinate with Federal agencies, such as the Agency for 
International Development, that have expertise in debt exchanges.

SEC. 403. NATIONAL SCIENCE FOUNDATION PARTICIPATION IN BINATIONAL AND 
              MULTINATIONAL ENDOWED SCIENCE FOUNDATIONS.

    The Director, in consultation with appropriate officials of the 
United States and foreign countries, may encourage and facilitate the 
establishment of binational and multinational endowed science 
foundations, and may participate in the operation and governance of 
such foundations, including serving as a member of or designating 
members to the Boards of Governors, if such foundations--
            (1) have Boards of Governors whose members are chosen to 
        represent participating countries and possess expertise in 
        international scientific cooperation;
            (2) have a structure and operational characteristics 
        determined exclusively by their Boards of Governors, consistent 
        with paragraph (3); and
            (3) are established and governed in accordance with 
        charters which include provisions--
                    (A) to ensure that the funding of the endowment is 
                shared equitably among the participating nations, 
                appropriate to their economic resources;
                    (B) to protect the endowment's principal from loss 
                of value due to inflation;
                    (C) to define the range of scientific and 
                educational activities to be funded;
                    (D) to define criteria for application, merit 
                review, and awarding of funds which encompass, at a 
                minimum, consideration of scientific merit, strength of 
                collaborative arrangements, and potential benefit to 
                participants;
                    (E) to limit administrative costs to those that are 
                prudent and necessary; and
                    (F) to engage an independent auditor to perform an 
                annual organization-wide audit of such foundations, in 
                accordance with generally accepted auditing standards, 
                and to make the results of the audit immediately 
                available to the Director and the Board of Governors.

SEC. 404. REPORT.

    Within one year after the date of enactment of this Act, the 
Director shall submit to the Congress a strategic plan for 
international scientific cooperation activities undertaken by the 
Foundation which--
            (1) describes and evaluates all activities involving 
        international scientific cooperation currently carried out by 
        the Foundation;
            (2) describes how these activities relate to ongoing and 
        prospective Foundation research and educational activities;
            (3) details research activities and geographic areas where 
        international scientific cooperation has been most effective 
        and where it has been least effective;
            (4) describes plans for future cooperative international 
        scientific projects; and
            (5) assesses the research activities and geographic areas 
        where future international scientific cooperation would be most 
        effective.

                    TITLE V--UNDERGRADUATE EDUCATION

SEC. 501. REQUIREMENT FOR FUNDING.

    Each educational institution that receives a research grant from 
the Foundation in fiscal year 1995 shall, as a condition of receiving 
such grant, provide to the Foundation the following information on its 
undergraduate mathematics, science, and engineering activities:
            (1) A description of teacher training programs mandated by 
        the institution for teaching assistants, including the number 
        of training hours required.
            (2) The institution's policy regarding the relative 
        importance of teaching and research duties in decisions on 
        promotion, tenure, and salary for faculty, including any 
        written policy with specific criteria.
            (3) Any policy allowing faculty to replace university 
        salary with funds from outside sources, along with any policy 
        allowing faculty to replace all or part of the teaching load 
        with increased research.
            (4) The number of faculty released from some or all of 
        their teaching responsibilities pursuant to a policy described 
        in paragraph (3), with the number replacing all or some of 
        their salary with Federal funds reported separately.
            (5) The number and percentage of faculty, not including 
        those on regular sabbatical leave, teaching no undergraduate 
        courses.
            (6) The number and percentage of faculty supported by 
        active Federal research grants teaching freshman or sophomore 
        lecture courses.
            (7) The number and percentage of lecture sources taught by 
        individuals other than faculty.
            (8) The number of students per course in each introductory 
        course.
Information shall be provided for the most recent academic year for 
which it is available. For purposes of this section, the term 
``educational institution'' means an institution of higher education 
that is ranked among the top 100 of the institutions receiving Federal 
research and development funding, as documented in the latest annual 
report of the Foundation entitled ``Federal Support to Universities, 
Colleges, and Selected Non-Profit Institutions''. The term ``faculty'' 
means tenured or tenure-track employees not serving in full-time 
administrative positions. The Foundation shall compile this information 
and submit it to the Congress no later than December 31, 1995.

SEC. 502. RECOMMENDATIONS.

    The Director shall transmit to the Congress, at the time of the 
President's budget request for fiscal year 1997, recommendations as to 
how Foundation research funds could be used to increase the focus on 
undergraduate education at institutions of higher education.

            Passed the House of Representatives May 4, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 3254 RFS----2
HR 3254 RFS----3
```