[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4664 Engrossed in House (EH)]
2d Session
H. R. 4664
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 2003, 2004, and 2005 for
the National Science Foundation, and for other purposes.
107th CONGRESS
2d Session
H. R. 4664
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 2003, 2004, and 2005 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 ``Investing in America's Future Act of
2002''.
SEC. 2 DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the National Science
Board established under section 2 of the National Science
Foundation Act of 1950 (42 U.S.C. 1861).
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) National research facility.--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) United states.--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.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2003.--
(1) In general.--There are authorized to be appropriated to
the National Science Foundation $5,515,260,000 for fiscal year
2003.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $4,138,440,000 shall be made available to carry
out Research and Related Activities, of which--
(i) $704,000,000 shall be for networking
and information technology research;
(ii) $238,450,000 shall be for the
Nanoscale Science and Engineering Priority
Area;
(iii) $60,090,000 shall be for the
Mathematical Sciences Priority Area; and
(iv) $75,900,000 shall be for Major
Research Instrumentation;
(B) $1,006,250,000 shall be made available for
Education and Human Resources, of which--
(i) $50,000,000 shall be for the Advanced
Technological Education Program established
under section 3 of the Scientific and Advanced-
Technology Act of 1992 (42 U.S.C. 1862i); and
(ii) $30,000,000 shall be for the Minority
Serving Institutions Undergraduate Program;
(C) $152,350,000 shall be made available for Major
Research Equipment and Facilities Construction;
(D) $210,160,000 shall be made available for
Salaries and Expenses; and
(E) $8,060,000 shall be made available for the
Office of Inspector General.
(b) Fiscal Year 2004.--
(1) In general.--There are authorized to be appropriated to
the National Science Foundation $6,342,550,000 for fiscal year
2004.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $4,735,600,000 shall be made available to carry
out Research and Related Activities, of which--
(i) $774,000,000 shall be for networking
and information technology research;
(ii) $286,140,000 shall be for the
Nanoscale Science and Engineering Priority
Area;
(iii) $90,090,000 shall be for the
Mathematical Sciences Priority Area; and
(iv) $85,000,000 shall be for Major
Research Instrumentation;
(B) $1,157,190,000 shall be made available for
Education and Human Resources, of which $55,000,000
shall be for the Advanced Technological Education
Program established under section 3 of the Scientific
and Advanced-Technology Act of 1992 (42 U.S.C. 1862i);
(C) $225,000,000 shall be made available for Major
Research Equipment and Facilities Construction;
(D) $216,460,000 shall be made available for
Salaries and Expenses; and
(E) $8,300,000 shall be made available for the
Office of Inspector General.
(c) Fiscal Year 2005.--
(1) In general.--There are authorized to be appropriated to
the National Science Foundation $7,293,930,000 for fiscal year
2005.
(2) Specific allocations.--Of the amount authorized under
paragraph (1)--
(A) $5,445,940,000 shall be made available to carry
out Research and Related Activities;
(B) $1,330,770,000 shall be made available for
Education and Human Resources;
(C) $285,710,000 shall be made available for Major
Research Equipment and Facilities Construction;
(D) $222,960,000 shall be made available for
Salaries and Expenses; and
(E) $8,550,000 shall be made available for the
Office of Inspector General.
SEC. 4. OBLIGATION OF MAJOR RESEARCH EQUIPMENT FUNDS.
(a) Fiscal Year 2003.--None of the funds authorized under section
3(a)(2)(C) may be obligated until 30 days after the first report
required under section 7(a)(2) is transmitted to the Congress.
(b) Fiscal Year 2004.--None of the funds authorized under section
3(b)(2)(C) may be obligated until 30 days after the report required by
June 15, 2003, under section 7(a)(2) is transmitted to the Congress.
(c) Fiscal Year 2005.--None of the funds authorized under section
3(c)(2)(C) may be obligated until 30 days after the report required by
June 15, 2004, under section 7(a)(2) is transmitted to the Congress.
SEC. 5. ANNUAL PLAN FOR ALLOCATION OF FUNDING.
Not later than 60 days after the date of enactment of legislation
providing for the annual appropriation of funds for the Foundation, the
Director shall submit to the Committee on Science of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Health, Education, Labor, and
Pensions of the Senate, a plan for the allocation of funds authorized
by this Act for the corresponding fiscal year. The portion of the plan
pertaining to Research and Related Activities shall include a
description of how the allocation of funding--
(1) will affect the average size and duration of research
grants supported by the Foundation by field of science,
mathematics, and engineering;
(2) will affect trends in research support for major fields
and subfields of science, mathematics, and engineering,
including for emerging multidisciplinary research areas; and
(3) is designed to achieve an appropriate balance among
major fields and subfields of science, mathematics, and
engineering.
SEC. 6. PROPORTIONAL REDUCTION.
(a) Overall Amounts.--If the amount appropriated pursuant to
section 3(a)(1), (b)(1), or (c)(1) is less than the amount authorized
under that paragraph, the amount available under each subparagraph of
paragraph (2) of that subsection shall be reduced by the same
proportion.
(b) Research and Related Activities Amounts.--If the amount
appropriated pursuant to section 3(a)(2)(A) or (b)(2)(A) is less than
the amount authorized under that subparagraph, the amount available
under each clause of that subparagraph shall be reduced by the same
proportion.
SEC. 7. NATIONAL RESEARCH FACILITIES.
(a) Prioritization of Proposed Major Research Equipment and
Facilities Construction.--
(1) Development of priorities.--
(A) List.--The Director shall develop a list
indicating by number the relative priority for funding
under the Major Research Equipment and Facilities
Construction account that the Director assigns to each
project the Board has approved for inclusion in a
future budget request. The Director shall submit the
list to the Board for approval.
(B) Updates.--The Director shall update the list
prepared under paragraph (1) each time the Board
approves a new project that would receive funding under
the Major Research Equipment and Facilities
Construction account and as necessary to prepare
reports under paragraph (2). The Director shall submit
any updated list to the Board for approval.
(2) Annual report.--Not later than 90 days after the date
of the enactment of this Act, and not later than each June 15th
thereafter, the Director shall transmit to the Congress a
report containing--
(A) the most recent Board-approved priority list
developed under paragraph (1);
(B) a description of the criteria used to develop
such list; and
(C) a description of the major factors for each
project that determined its ranking on the list, based
on the application of the criteria described pursuant
to subparagraph (B).
(3) Criteria.--The criteria described pursuant to paragraph
(2)(B) shall include, at a minimum--
(A) scientific merit;
(B) broad societal need and probable impact;
(C) consideration of the results of formal
prioritization efforts by the scientific community;
(D) readiness of plans for construction and
operation;
(E) international and interagency commitments; and
(F) the order in which projects were approved by
the Board for inclusion in a future budget request.
(b) Facilities Plan.--
(1) In general.--Section 201(a)(1) of the National Science
Foundation Authorization Act of 1998 (42 U.S.C. 1862l(a)(1)) is
amended to read as follows:
``(1) In general.--The Director shall prepare, and include
as part of the Foundation's annual budget request to Congress,
a plan for the proposed construction of, and repair and
upgrades to, national research facilities, including full life-
cycle cost information.''.
(2) Contents of plan.--Section 201(a)(2) of the National
Science Foundation Authorization Act of 1998 (42 U.S.C.
1862l(a)(2)) is amended--
(A) in subparagraph (A), by inserting ``, including
costs for instrumentation development'' after
``described in paragraph (1)'';
(B) by striking ``and'' at the end of subparagraph
(B);
(C) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(D) for each project funded under the Major
Research Equipment and Facilities Construction
account--
``(i) estimates of the total project cost
(from planning to commissioning); and
``(ii) the source of funds, including
Federal funding identified by appropriations
category and non-Federal funding;
``(E) estimates of the full life-cycle cost of each
national research facility;
``(F) information on any plans to retire national
research facilities; and
``(G) estimates of funding levels for grants
supporting research that will make use of each national
research facility.''.
(3) Definition.--Section 2 of the National Science
Foundation Authorization Act of 1998 (42 U.S.C. 1862k note) is
amended--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Full life-cycle cost.--The term `full life-cycle
cost' means all costs of development, procurement,
construction, operations and support, and shut down costs,
without regard to funding source and without regard to what
entity manages the project.''.
(c) Project Management.--No national research facility project
funded under the Major Research Equipment and Facilities Construction
account shall be managed by an individual whose appointment to the
Foundation is temporary.
SEC. 8. MAJOR RESEARCH INSTRUMENTATION.
The Foundation shall conduct a review and assessment of the Major
Research Instrumentation Program and provide a report to Congress on
its findings and recommendations within 1 year after the date of the
enactment of this Act. The report shall include--
(1) estimates of the needs, by major field of science and
engineering, of institutions of higher education for the types
of research instrumentation that are eligible for funding under
the guidelines of the Major Research Instrumentation Program;
(2) the distribution of awards and funding levels by year
and by major field of science and engineering for the Major
Research Instrumentation Program, since the inception of the
Program; and
(3) an analysis of the impact of the Major Research
Instrumentation Program on the research instrumentation needs
that were documented in the Foundation's 1994 survey of
academic research instrumentation needs.
SEC. 9. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE.
(a) Establishment.--The Foundation and the National Aeronautics and
Space Administration shall jointly establish an Astronomy and
Astrophysics Advisory Committee (in this section referred to as the
``Advisory Committee'').
(b) Duties.--The Advisory Committee shall--
(1) assess, and make recommendations regarding, the
coordination of astronomy and astrophysics programs of the
Foundation and the National Aeronautics and Space
Administration;
(2) assess, and make recommendations regarding, the status
of the activities of the Foundation and the National
Aeronautics and Space Administration as they relate to the
recommendations contained in the National Research Council's
2001 report entitled ``Astronomy and Astrophysics in the New
Millennium'', and the recommendations contained in subsequent
National Research Council reports of a similar nature; and
(3) not later than March 15 of each year, transmit a report
to the Director, the Administrator of the National Aeronautics
and Space Administration, and the Congress on the Advisory
Committee's findings and recommendations under paragraphs (1)
and (2).
(c) Membership.--The Advisory Committee shall consist of 13
members, none of whom shall be a Federal employee, including--
(1) 5 members selected by the Foundation;
(2) 5 members selected by the National Aeronautics and
Space Administration; and
(3) 3 members selected by the members selected under
paragraphs (1) and (2).
(d) Selection Process.--Initial selections under subsection (c)(1)
and (2) shall be made within 3 months after the date of the enactment
of this Act. Initial selections under subsection (c)(3) shall be made
within 5 months after the date of the enactment of this Act. Vacancies
shall be filled in the same manner as provided in subsection (c).
(e) Chairperson.--The Advisory Committee shall select a chairperson
from among its members.
(f) Coordination.--The Advisory Committee shall coordinate with the
advisory bodies of other Federal agencies, such as the Department of
Energy, which may engage in related research activities.
(g) Compensation.--The members of the Advisory Committee shall
serve without compensation, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(h) Meetings.--The Advisory Committee shall convene, in person or
by electronic means, at least 4 times a year.
(i) Quorum.--
(1) In general.--Except as provided in paragraph (2), a
majority of the members serving on the Advisory Committee shall
constitute a quorum for purposes of conducting the business of
the Advisory Committee.
(2) Exception.--The selection of a member under subsection
(c)(3) shall require a vote of \3/4\ of the members appointed
under subsection (c)(1) and (2).
(j) Duration.--Section 14 of the Federal Advisory Committee Act
shall not apply to the Advisory Committee.
SEC. 10. BOARD MEETINGS.
(a) Purpose.--The purpose of this section is to ensure that the
Board complies with the requirements of section 552b of title 5, United
States Code, that all meetings, with the exception of specific narrow
statutory exemptions, be open to the public.
(b) Compliance Audit.--The Inspector General of the National
Science Foundation shall conduct an annual audit of the compliance by
the Board with the requirements described in subsection (a). The audit
shall examine the extent to which the proposed and actual content of
closed meetings is consistent with those requirements.
(c) Report.--Not later than February 15 of each year, the Inspector
General of the National Science Foundation shall transmit to the
Congress the audit required under subsection (b) along with
recommendations for corrective actions that need to be taken to achieve
fuller compliance with the requirements described in subsection (a),
and recommendations on how to ensure public access to the Board's
deliberations.
SEC. 11. SCHOLARSHIP ELIGIBILITY.
The Director shall not exclude part-time students from eligibility
for scholarships under the Computer Science, Engineering, and
Mathematics Scholarship (CSEMS) program.
Passed the House of Representatives June 5, 2002.
Attest:
Clerk.