274 
of technologies, capabilities, and resources available to the 
public at the National Laboratories. 
TITLE VII—MISCELLANEOUS 
SEC. 701. SENSE OF CONGRESS. 
It is the sense of Congress that, among the programs 
and activities authorized in this Act, those that correspond 
to the recommendations of the National Academy of 
Sciences’ 2005 report entitled ‘‘Rising Above the Gath-
ering Storm’’ remain critical to maintaining long-term 
United States economic competitiveness, and accordingly 
shall receive funding priority. 
SEC. 702. PERSONS WITH DISABILITIES. 
For the purposes of the activities and programs sup-
ported by this Act and the amendments made by this 
Act— 
(1) institutions of higher education chartered to 
serve large numbers of students with disabilities, in-
cluding Gallaudet University, Landmark College, 
and the National Technical Institute for the Deaf, 
and institutions of higher education offering science, 
technology, engineering, and mathematics research 
and education activities and programs that serve 
veterans with disabilities, shall receive special consid-
eration in the review of any proposals by these insti-
tutions for funding under the research and edu-
275 
cation programs authorized in this Act to ensure 
that institutions of higher education chartered to or 
serving persons with disabilities benefit from such 
research and education activities and programs; and 
(2) agencies with respect to which appropria-
tions are authorized under this Act shall also con-
duct outreach to veterans with disabilities pursuing 
studies in science, technology, engineering, and 
mathematics to ensure that such veterans are aware 
of and benefit from the research and education ac-
tivities and programs authorized by this Act. 
SEC. 703. VETERANS AND SERVICE MEMBERS. 
In awarding scholarships and fellowships under this 
Act, an institution of higher education shall give pref-
erence to applications from veterans and service members, 
including those who have received or will receive the Af-
ghanistan Campaign Medal or the Iraq Campaign Medal 
as authorized by Public Law 108–234 (10 U.S.C. 1121 
note; 118 Stat. 655) and Executive Order No. 13363. 
SEC. 704. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record
276 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
SEC. 705. LIMITATION. 
No funds authorized under this Act shall be used for 
the employment of, or shall be received by, any individual 
who has been convicted of, or pleaded guilty to, a crime 
of child molestation, rape, or any other form of sexual as-
sault. 
SEC. 706. PROHIBITION ON LOBBYING. 
Nothing in this Act shall be construed to supercede 
section 1913 of title 18, United States Code. 
SEC. 707. INFORMATION REQUESTS BY LABOR ORGANIZA-
TIONS. 
(a) ELIGIBILITY FOR FUNDS.—Notwithstanding any 
other provision of this Act, a public institution of higher 
education that employs employees who are represented by 
a labor organization and perform work on an activity or 
program supported by this Act or an amendment made 
by this Act shall be eligible to receive funding for facilities 
and administrative costs for any activity or program sup-
ported by this Act or the amendments made by this Act 
only if the institution maintains a policy that meets the 
requirements set forth in subsection (b).
277 
(b) REQUIREMENTS.—A policy described under sub-
section (a) shall require that the institution provide, within 
15 days of receipt of a request by a labor organization 
representing the employees of the institution described in 
subsection (a), any information which the labor organiza-
tion has a lawful right to obtain under applicable labor 
laws. Such a policy shall provide that, on a case-by-case 
basis, such 15 days may be extended to a longer time pe-
riod by mutual agreement of the labor organization and 
the institution. 
(c) FAILURE TO COMPLY WITH POLICY.— 
(1) COMPLAINT OF NONCOMPLIANCE.—In the 
case of an institution of higher education that does 
not provide information requested by a labor organi-
zation in compliance with the requirements of a pol-
icy described in subsections (a) and (b), the labor or-
ganization may file a complaint of noncompliance 
with the head of the agency overseeing any activity 
or program supported by this Act or the amend-
ments made by this Act for which the institution is 
receiving funds. 
(2) NOTIFICATION TO INSTITUTION.—Upon re-
ceiving such a complaint, the head of such agency 
shall notify the institution of the complaint and pro-
vide the institution an additional 30 days to provide
278 
the requested information to the labor organization 
or otherwise explain why the complaint of non-com-
pliance is not valid. 
(3) AGENCY ACTION.—If the information has 
not been provided by the institution at the conclu-
sion of such 30 day period and the head of such 
agency determines the complaint to be valid, the 
head of such agency shall suspend payment of any 
funds for facilities and administrative costs that 
would otherwise be available to such institution for 
all activities and programs supported by this Act 
and the amendments made by this Act until such 
time as the requested information has been provided 
by the institution. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘institution of higher education’’ 
has the meaning given such term in section 101(a) 
of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)), except that such term does not include a 
private institution of higher education; and 
(2) the term ‘‘facilities and administrative 
costs’’ means facilities and administrative (F&A) 
costs as defined in the Office of Management and 
Budget Revised Circular A–21 (Cost Principles for
279 
Educational Institutions, published in the Federal 
Register on May 10, 2004). 
(e) EFFECTIVE DATE.—This section shall take effect 
on January 1, 2011. 
SEC. 708. LIMITATION. 
No funds authorized to be appropriated by this Act 
or the amendments made by this Act may be used to pur-
chase gift items, knickknacks, souvenirs, trinkets, or other 
items without direct educational value. 
SEC. 709. NO SALARIES FOR VIEWING PORNOGRAPHY. 
None of the funds authorized under this Act may be 
used to pay the salary of any individual who has been offi-
cially disciplined for violations of subpart G of the Stand-
ards of Ethical Conduct for Employees of the Executive 
Branch for viewing, downloading, or exchanging pornog-
raphy, including child pornography, on a Federal Govern-
ment computer or while performing official Federal Gov-
ernment duties. 
SEC. 710. INELIGIBILITY FOR AWARDS OR GRANTS. 
None of the funds authorized under this Act shall be 
available to make awards to or provide grants for an insti-
tution of higher education under this Act if that institu-
tion is prevented from receiving funds for contracts or
280 
grants for education under section 983 of title 10, United 
States Code. 
Passed the House of Representatives May 28, 2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 5116 
AN ACT 
To invest in innovation through research and devel-
opment, to improve the competitiveness of the 
United States, and for other purposes.