[Journal of the House of Representatives, 1994]
[Wednesday, May 4, 1994 (43), Para 43.11 Roll No. 152]
[Pages 780-785]
[From the U.S. Government Publishing Office, www.gpo.gov]
Para. 43.11 [Roll No. 152]
AYES--331
Ackerman
Allard
Andrews (TX)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Borski
Boucher
Brewster
Brooks
Browder
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Clyburn
Coble
Coleman
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
de la Garza
Deal
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Dooley
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (TX)
[[Page 781]]
Emerson
English
Everett
Ewing
Fawell
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Fish
Flake
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Gallegly
Gallo
Gekas
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Grams
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Hastert
Hayes
Hefley
Hefner
Herger
Hilliard
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Machtley
Mann
Manton
Manzullo
Margolies-Mezvinsky
Martinez
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Neal (NC)
Nussle
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Richardson
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Sabo
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schiff
Schumer
Sensenbrenner
Shaw
Shays
Shepherd
Shuster
Sisisky
Skeen
Skelton
Slattery
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stearns
Stenholm
Strickland
Stump
Stupak
Sundquist
Swett
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thurman
Torkildsen
Torricelli
Towns
Traficant
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--90
Abercrombie
Andrews (NJ)
Barrett (WI)
Becerra
Beilenson
Berman
Bonior
Brown (CA)
Clay
Clayton
Collins (IL)
Collins (MI)
Conyers
Coyne
DeFazio
DeLauro
Dellums
Edwards (CA)
Ehlers
Engel
Eshoo
Evans
Farr
Filner
Foglietta
Ford (MI)
Frank (MA)
Furse
Gejdenson
Gephardt
Gutierrez
Hamburg
Harman
Hastings
Hinchey
Hoagland
Johnson, E.B.
Johnston
Kanjorski
Kennedy
Kopetski
Lewis (GA)
Lowey
Maloney
Markey
Matsui
McDermott
McKinney
Meehan
Meek
Mfume
Miller (CA)
Mineta
Mink
Moakley
Nadler
Neal (MA)
Oberstar
Olver
Owens
Payne (NJ)
Pelosi
Rangel
Reynolds
Rostenkowski
Roybal-Allard
Rush
Sanders
Schenk
Schroeder
Scott
Serrano
Skaggs
Slaughter
Stark
Stokes
Studds
Swift
Thompson
Thornton
Torres
Tucker
Unsoeld
Velazquez
Waters
Watt
Waxman
Woolsey
Wyden
Yates
NOT VOTING--11
Andrews (ME)
Blackwell
Bonilla
Collins (GA)
Doolittle
Grandy
Long
Ridge
Sangmeister
Sharp
Washington
So the amendment was agreed to.
The following amendment, as amended, was then agreed to:
Strike out all after the enacting clause and insert:
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
[[Page 782]]
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 con-
[[Page 783]]
tinues 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.
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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.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. SERRANO, announced that the yeas had it.
Mr. WALKER demanded a recorded vote on passage of said bill, which de-
[[Page 785]]
mand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
396
<3-line {>
affirmative
Nays
22