IIA
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 Representa-
tives 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’’.
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 strength-
en basic research and develop human resources in science
and engineering, and that those programs should be fund-
ed 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 fol-
lowing 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 mate-
rials 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 Pro-
grams, $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-Tech-
nology 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 fis-
cal 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 fol-
lowing 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 mate-
rials 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 Pro-
grams, $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 re-
search 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 sub-
sections (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 disabil-
ities, and shall coordinate such activities with related ef-
forts 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 author-
ized under that subparagraph, the amount authorized for
each subcategory under that subparagraph shall be re-
duced by the same proportion.
SEC. 103. CONSULTATION AND REPRESENTATION EX-
PENSES.
From appropriations made under authorizations pro-
vided 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 Govern-
ment.
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 Rep-
resentatives, 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 sub-
section:
‘‘(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 edu-
cation directorate, and the polar programs of-
fice; and
‘‘(B) describes how the identified goals re-
late to national needs and will exploit new op-
portunities in science and technology;
‘‘(2) identify the criteria and describe the proce-
dures which the Foundation will use to assess
progress toward achieving the goals identified in ac-
cordance with paragraph (1);
‘‘(3) review the activities of the Foundation
during the preceding year which have contributed to-
ward 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 up-
grades to, national research facilities. The plan shall in-
clude 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 con-
struction. The plan shall include cost estimates in the cat-
egories 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 facili-
ties or construction necessary for upgrading the capabili-
ties of existing national research facilities shall be obli-
gated unless the funds are specifically authorized for such
purpose by this Act or any other Act which is not an ap-
propriations 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 construc-
tion 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 there-
of the following: ‘‘The Director shall give priority to insti-
tutions 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 OPPORTUNI-
TIES 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 com-
petitiveness of the United States demand the full develop-
ment and use of the engineering, mathematical, and sci-
entific talents and skills of all its citizens. Past discrimina-
tion, cultural barriers, unequal educational opportunities,
and other factors discourage women, minorities, and per-
sons with disabilities from studying and working in engi-
neering, mathematics, and science. The Congress declares
it is the policy of the United States to encourage the par-
ticipation 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 sec-
tion 
as 
‘members 
of 
underrepresented
groups’)’’;
(C) in paragraph (2), by striking ‘‘female
students and to increase female student aware-
ness’’ and inserting in lieu thereof ‘‘students
who are members of underrepresented groups
and to make those students aware’’;
(D) in paragraph (4), by striking ‘‘re-
search’’;
(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 un-
dergraduate 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 engi-
neers who are members of underrepresented
groups’’;
(G) in paragraph (9), by striking ‘‘such
women’’ and inserting in lieu thereof ‘‘such per-
sons’’;
(H) by striking ‘‘and’’ at the end of para-
graph (10);
(I) by striking the period at the end of
paragraph (11) and inserting in lieu thereof ‘‘;
and’’;
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 insert-
ing in lieu thereof the following: ‘‘The Board shall
adopt procedures governing the conduct of its meet-
ings, 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 con-
ditions 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 Rep-
resentatives.’’;
(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 AUTHORIZA-
TION
ACT
OF
1988 
AMENDMENTS.—Section
117(a)(1)(B)(v) of the National Science Foundation Au-
thorization 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 em-
ployees.’’.
(c) NATIONAL SCIENCE FOUNDATION AUTHORIZA-
TION 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 instru-
mentation 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 activi-
ties and the environment, and the opportunities for
improvements in such relations, is essential for the
effective realization of sustainable economic develop-
ment.
(2) In post-secondary education, with the excep-
tion of environmental specialists, environmental con-
siderations are typically not integrated into the re-
quired coursework for technical, engineering, science,
and related professions.
(3) The integration of environmental consider-
ations into all technical, engineering, science, and re-
lated 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 incor-
porate the principles and practices of environmental
soundness and total cost accounting into all tech-
nical, engineering, design, scientific, and related dis-
ciplines.
(c) TECHNICAL PROGRAMS.—(1) The Director shall
ensure that the special needs of technical programs of in-
stitutions described in paragraph (2) are addressed in exe-
cuting this section, including disseminating information
about practices that exemplify environmentally sound
practices.
(2)(A) Except as provided in subparagraph (B), insti-
tutions 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 cer-
tificate program, or other shorter program described in
such section 1201(a).
(B) Notwithstanding section 1201(a)(4) of the High-
er Education Act of 1965, institutions referred to in para-
graph (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 accred-
itation boards for engineering, technology, and design edu-
cational 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 obliga-
tions 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: REQUIRE-
MENT OF COMPETITION.
(a) The Director may not make a grant or award a
contract to any institutions or consortia for the perform-
ance 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 con-
tract, 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 institu-
tion 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 sub-
section (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 PRE-
VENT 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 ob-
taining 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 deter-
mining 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 en-
rolled 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, ad-
dress, 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 prod-
ucts 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 de-
scribing the statement made in subsection (a) by the Con-
gress.
TITLE 
III—ACADEMIC 
RE-
SEARCH 
FACILITIES 
MOD-
ERNIZATION
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 Moderniza-
tion 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 facili-
ties 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 finan-
cial support to institutions of higher education for the re-
pair, renovation, or replacement of obsolete science and
engineering facilities primarily devoted to research. The
plan shall—
(1) include participation by all Federal depart-
ments and agencies which provide substantial Fed-
eral support for research and development activities
at institutions of higher education;
(2) provide estimates of the level of funding re-
quired, by department and agency, and period for
which funding should be provided to relieve substan-
tially the backlog of research facilities needs and to
ensure that, at the conclusion of the period pro-
posed, 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 govern-
ments, and the private sector to upgrade research
facilities;
(4) be designed to address the needs of the cat-
egories of institutions eligible for awards under the
Academic Research Facilities Modernization Act of
1988;
(5) detail administrative procedures and guide-
lines 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 facili-
ties.
Within 18 months after the date of enactment of this Act,
the Director of the Office of Science and Technology Pol-
icy 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 con-
struction of new facilities or construction necessary for up-
grading 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 sci-
entific and technological infrastructures.
(2) Debt-for-science exchanges have been dem-
onstrated 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 univer-
sities, for the purpose of debt-for-science exchanges. Be-
fore making any grant under this section, the Director
shall ascertain that—
(1) funds resulting from the debt-for-science ex-
change will be expended only for purposes of inter-
national cooperative scientific research and develop-
ment projects;