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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-488

======================================================================



 
               INVESTING IN AMERICA'S FUTURE ACT OF 2002

                                _______
                                

  June 4, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Boehlert, from the Committee on Science, submitted the following

                              R E P O R T

                        [To accompany H.R. 4664]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science, to whom was referred the bill (H.R. 
4664) to authorize appropriations for fiscal years 2003, 2004, 
and 2005 for the National Science Foundation, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................1
  II. Purpose of the Bill.............................................5
 III. Background and Need for the Legislation.........................6
  IV. Summary of Hearings.............................................6
   V. Committee Actions...............................................7
  VI. Summary of Major Provisions of the Bill.........................8
 VII. Section-by-Section Analysis (by Title and Section)..............8
VIII. Committee Views................................................10
  IX. Cost Estimate..................................................16
   X. Congressional Budget Office Cost Estimate......................17
  XI. Compliance With Public Law 104-4 (Unfunded Mandates)...........18
 XII. Committee Oversight Findings and Recommendations...............18
XIII. Statement on General Performance Goals and Objectives..........18
 XIV. Constitutional Authority Statement.............................18
  XV. Federal Advisory Committee Statement...........................18
 XVI. Congressional Accountability Act...............................19
XVII. Statement on Preemption of State, Local, or Tribal Law.........19
XVIII.Changes in Existing Law Made by the Bill, as Reported..........19

 XIX. Committee Recommendations......................................20

                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                        II. Purpose of the Bill

    The purpose of the bill is to authorize funding for the 
National Science Foundation (NSF) for fiscal years 2003, 2004, 
and 2005, and to impose requirements related to major research 
facilities funded by the Foundation, interagency coordination 
of astronomy research, and public access to meetings of the 
National Science Board (NSB).

              III. Background and Need for the Legislation

    NSF is an independent federal agency created by the 
National Science Foundation Act of 1950 (P.L. 81-507). NSF's 
mission is unique among the federal governments's scientific 
research agencies in that it is to support science and 
engineering across all disciplines. NSF currently funds 
research and education activities at more than 2,000 
universities, colleges, K-12 schools, businesses, and other 
research institutions throughout the United States. Virtually 
all of this support is provided through competitive, merit-
reviewed grants and cooperative agreements. Although NSF's 
research and development budget accounts for only about 4 
percent of all federally funded research, the role of NSF in 
promoting fundamental research is vital to the nation's 
scientific enterprise, as NSF provides approximately 25 percent 
of the federal support for basic research conducted at academic 
institutions.
    Basic research pays enormous dividends to society. Economic 
growth, public health, national defense, and social advancement 
have all been tied to technological developments resulting from 
research and development. In fact, economists estimate that 
innovation and the application of new technology have generated 
at least half of the phenomenal growth in America's gross 
domestic product since World War II. As Allan Bromley, science 
advisor to former President George H.W. Bush, put it, ``No 
science, no surplus. It's that simple.''
    Though NSF-funded research has had a tremendous impact on 
society, funding for NSF has not been sufficient to maximize 
the agency's potential contribution to the nation's research 
enterprise. NSF is currently able to fund only about one third 
of the grant proposals submitted because of limited funds; 13 
percent of top rated grant applications are not funded. More 
funding for basic science is needed to feed the innovation 
pipeline and to ensure future economic growth, as well as to 
strengthen homeland defense and national security.
    NSF was most recently authorized by the National Science 
Foundation Act of 1998, which authorized appropriations for NSF 
for fiscal year (FY) 1998, FY 1999, and FY 2000. In addition to 
the lapse in authorizations of appropriations for the agency, 
several policy issues--including ones related to the 
Foundation's responsibilities for large scale research 
facilities--have arisen since the 1998 Act expired.

                        IV. Summary of Hearings

    On Thursday, September 5, 2001, the Subcommittee on 
Research of the Committee on Science held a hearing on NSF's 
Major Research Equipment (MRE) [now called the Major Research 
Equipment and Facilities Construction (MREFC)] portfolio to 
clarify the process by which MRE projects are approved and 
funded and to discuss NSF's Large Facility Projects Management 
and Oversight Plan drafted in response to concerns from the NSF 
Inspector General (IG) and the Office of Management and Budget. 
The scientific community has also raised concerns about the 
adequacy of NSF's planning and management of large research 
facilities. The hearing witnesses included the Director of NSF, 
the Vice Chair of the NSB, and the NSF IG. Witness testimony 
described the process by which these projects are selected for 
funding as well as agency oversight during implementation and 
operation of these facilities.
    On Wednesday, March 13, 2002, the Subcommittee on Research 
of the Committee on Science held a hearing to receive testimony 
on ways to determine appropriate funding levels for NSF. The 
hearing witnesses included academic researchers representing a 
wide range of scientific and engineering fields, as well as a 
representative from industry. The hearing addressed the 
criteria that should be used in setting NSF budget levels and 
priorities within the budget, the balance within the federal 
R&D; portfolio, and the impact of NSF funding levels on 
researchers in academia and industry and on the economy. 
Witness testimony focused on the current funding level, which 
was deemed inadequate, relationships between basic research and 
corporate success, and the disparity between biomedical and 
physical science funding.
    On Thursday, May 9, 2002, the Subcommittee on Research of 
the Committee on Science held a hearing to receive testimony on 
H.R. 4664, the National Science Foundation Authorization Act of 
2002. Witnesses testified on the legislation, which provides 
authorizations for NSF for fiscal years 2003, 2004, and 2005, 
as well as policy provisions related to major research 
facilities funded by the Foundation, interagency coordination 
of astronomy research, and public access to meetings of the 
NSB. The Committee heard from the Dean of the School of 
Engineering at Tufts University, a Professor of Physics at 
Massachusetts Institute of Technology, and the President of the 
University of Maryland. The witnesses stated that the increase 
in funding for NSF contained in H.R. 4664 is needed to 
establish programs and develop teaching tools and curriculum to 
improve K-12 science, math, and engineering education; to 
attract more students to the sciences, math, and engineering 
disciplines; to address the shortage of science- and 
engineering-literate workers; to re-energize the physical 
sciences; and, in general, to maintain the research enterprise 
that feeds the innovation pipeline.

                          V. Committee Actions

    On May 7, 2002, Research Subcommittee Chairman Nick Smith, 
Full Committee Chairman Sherwood Boehlert, Full Committee 
Ranking Member Hall, and Ranking Research Subcommittee Member 
Eddie Bernice Johnson introduced H.R. 4664, the National 
Science Foundation Authorization Act of 2002, a bill to 
authorize appropriations for fiscal years 2003, 2004, and 2005 
for NSF.
    The Subcommittee on Research met on Thursday, May 9, 2002, 
to consider the bill. An amendment was offered by Chairman 
Boehlert that changed the title of the bill to the Investing in 
America's Future Act of 2002. The amendment was adopted by a 
voice vote. With a quorum present, Ms. Eddie Bernice Johnson 
moved that the Subcommittee favorably report the bill, H.R. 
4664, as amended, to the Full Committee on Science with the 
recommendation that it be in order for the amendment, adopted 
by the Subcommittee, to be considered as an original bill for 
the purpose of amendment under the five minute rule at Full 
Committee, and that staff be instructed to make technical and 
conforming changes to the bill as amended. The motion was 
agreed to by a voice vote.
    The Full Committee on Science met on Wednesday, May 22, 
2002, to consider the bill. An Amendment was offered by 
Chairman Boehlert, which made technical changes to the bill and 
added provisions providing specific authorizations for the 
Advanced Technical Education Program and the Minority Serving 
Institutions Undergraduate Program. The amendment was adopted 
by a voice vote. With a quorum present, Mr. Hall moved that the 
Committee favorably report the bill, H.R. 4664, as amended, to 
the House with the recommendation that the bill as amended do 
pass, and that the staff be instructed to make technical and 
conforming changes to the bill as amended and prepare the 
legislative report and that the Chairman take all necessary 
steps to bring the bill before the House for consideration. The 
motion was agreed to by a voice vote.

              VI. Summary of Major Provisions of the Bill

     Authorizes appropriations for NSF of 
$5,515,260,000 for FY 2003, $6,342,550,000 for FY 2004, and 
$7,293,930,000 for FY 2005.
     Requires the Director to develop a list of 
proposed MREFC projects, ranking the relative priority of each 
for funding. Requires the Director to submit the list to 
Congress, upon approval of the list by the NSB, along with a 
report describing how the projects were prioritized. Prohibits 
obligation of MREFC funds until 30 days after the report is 
submitted to Congress.
     Requires the Director to submit to the Congress 
annually a plan for the allocation of appropriated funds for 
activities authorized by this Act for the corresponding fiscal 
year.
     Requires the Director to 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.
     Requires the Director to conduct a review and 
assessment of the Major Research Instrumentation (MRI) program 
and provide a report to Congress.
     Directs the Foundation and the National 
Aeronautics and Space Administration (NASA) to jointly 
establish an Astronomy and Astrophysics Advisory Committee to 
assess and provide recommendations regarding the coordination 
of astronomy and astrophysics programs at each agency and the 
status of each agency's activities. Requires the Committee to 
transmit, on a yearly basis, a report on its fundings and 
recommendations to the Director of the Foundation, the 
Administrator of NASA, and the Congress.
     Requires the NSF IG to conduct an annual audit of 
the compliance of the NSB with the requirements of section 552b 
of title 5, U.S. Code, which requires that a federal advisory 
committee's meetings be open to the public, and to report to 
Congress on the findings of the audit as well as any 
recommendations.

        VII. Section-by-Section Analysis (by Title and Section)


                         section 1. short title

    ``Investing in America's Future Act of 2002.''

                         section 2. definitions

    Defines ``Board'' as the National Science Board established 
under section 2 of the National Science Foundation Act of 1950. 
Defines ``Director'' as the Director of the National Science 
Foundation. Defines ``Foundation'' as the National Science 
Foundation. Uses the definition for ``Institution of Higher 
Education'' found in the Higher Education Act of 1965. Defines 
``National Research Facility'' as a research facility funded by 
the Foundation that is available for use by all scientists and 
engineers affiliated with research institutions in the United 
States. Defines ``United States'' as the States, terrorities, 
and possessions of the United States.

               section 3. authorization of appropriations

    Authorizes appropriations for NSF of $5,515,260,000 for FY 
2003; $6,342,550,000 for FY 2004; and $7,293,930,000 for FY 
2005.

  section 4. obligation of major research and facilities construction 
                                 funds.

    Prohibits NSF from obligating funds authorized for the 
MREFC account in FY 2003 until 30 days after the first report 
required under section 6 is transmitted to Congress. 
Correspondingly prohibits obligation of funds for the MREFC 
account in FY 2004 and 2005 until updated versions of the same 
report have been submitted to Congress.

            section 5. annual plan for allocation of funding

    Requires that the Director submit a yearly plan, subsequent 
to the passage of legislation providing appropriations for NSF, 
describing the allocation of funds for activities authorized 
for the corresponding fiscal year. Requires for the Research 
and Related Activities account, a description of how the 
allocation of funding (1) will affect the average size and 
duration of research grants supported by the Foundation; (2) 
will affect trends in research support for major fields and 
sub-fields of science, mathematics, and engineering, including 
for emerging multi-disciplinary research areas; and (3) is 
designed to achieve an appropriate balance among major fields 
and subfields of science, mathematics, and engineering.

                   section 6. proportional reduction

    Requires that, if the overall amount appropriated for the 
Foundation is less than the amount authorized, the amount 
available for each Foundation account be reduced by the same 
proportion. Similarly, requires that any amounts appropriated 
for the specifically-mentioned Research and Related Activities 
(RRA) sub-activities (information technology research, the 
Nanoscale Science and Engineering and the Mathematical Sciences 
priority areas, MRI) be reduced by the same proportion if the 
amount appropriated for the RRA account is less than the amount 
authorized.

                section 7. national research facilities

    Requires the Director to submit to the Congress a report 
containing a list developed by the Director and approved by the 
Board ranking by number the relative priority for projects 
proposed to be funded under the MREFC account. Also requires 
that a description of the criteria used to develop the list, 
and a description of the major factors for each project that 
determined its ranking on the list, be provided.
    Amends section 201 of the National Science Foundation 
Authorization Act of 1998 to (1) require the annual report on 
national research facilities to be included as part of the 
Foundation's annual budget request to Congress and contain full 
life-cycle cost information, and (2) define ``full life-cycle 
cost'' as 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. Also requires that national research facility projects 
funded under the MREFC account be managed by individuals whose 
appointments to the Foundation are not temporary.

               section 8. major research instrumentation

    Requires the Director to conduct a review and assessment of 
the MRI program and provide a report to Congress. The report is 
to include estimates of the needs of institutions of higher 
education for research instrumentation by major field of 
science and engineering; the distribution of awards and funding 
levels by year and by major field for the MRI program; and an 
analysis of the impact of the MRI program on the research 
instrumentation needs that were documented in the Foundation's 
1994 survey of academic research instrumentation needs.

        section 9. astronomy and astrophysics advisory committee

    Directs the Foundation and NASA to jointly establish as 
Astronomy and Astrophysics Advisory Committee to assess and 
provide recommendations regarding the coordination of astronomy 
and astrophysics programs at each agency and the status of each 
agency's activities as they relate to the recommendations 
contained in the National Research Council's 2001 report 
entitled Astronomy and Astrophysics in the New Millennium. 
Requires the Committee to transmit, on a yearly basis, a report 
on its findings and recommendations to the Director of the 
Foundation, the Administrator of NASA, and the Congress.

                       section 10. board meetings

    Requires the NSF IG to conduct an annual audit of the 
compliance of the NSB with the requirements of section 552b of 
title 5, U.S. Code to determine wither the Board is in 
compliance with the administrative requirements of the Act, 
which requires that a federal advisory committee's meetings be 
open to the public, and to report to Congress on the findings 
of the audit as well as any recommendations.

                         VIII. Committee Views


Grant award issues

    The Committee believes that the current size and duration 
of many NSF awards is insufficient to fully fund many research 
projects from start to finish. The average NSF grant in FY 2001 
was $112,000 and lasted 2.9 years. The Committee is concerned 
that many researchers are spending inordinate amounts of time 
applying for grants and attempting to piece together the funds 
necessary for research projects, including funding for the 
students, postdoctoral fellows, and staff who work on these 
projects. In addition, the Committee is concerned that the 
relatively short grant duration often precludes or makes 
exceedingly difficult the planning of long-term projects, 
including those that involve researchers from different 
disciplines. The Committee intends for NSF to increase the size 
and time period of grant awards, thus allowing researchers more 
time to engage in research activities and teaching.
    At the same time, the Committee recognizes the importance 
of ensuring that an increase in grant size and duration does 
not come at the expense of awarding additional grants. 
Currently, NSF is forced to decline support for significant 
numbers of highly rated grant applications because funds for 
them do not exist. NSF funds only about a third of the grant 
applications it receives, and 13 percent of the grant 
applications rated most highly by merit review committees go 
unfunded. The Committee is particularly concerned that scarce 
amounts of funding may be driving researchers to become overly 
conservative and to avoid high risk/high payoff research, or 
simply to leave certain fields altogether. The committee 
believes that the increases provided in the Investing in 
America's Future Act of 2002 for the RRA account--15 percent in 
FY 2003, 14 percent in 2004, and 15 percent in 2005--will 
enable the Foundation to significantly increase grant size and 
duration while at the same time awarding the same or greater 
numbers of total grants.

Balance in the federal research and development portfolio

    The Committee is concerned that there may be an imbalance 
in federal funding between the biomedical sciences and other 
fields of science, mathematics, and engineering. Over the past 
decade, total federal funding for the physical sciences has 
remained essentially flat while funding for the biomedical 
sciences has skyrocketed. In fact, a recent National Academy of 
Sciences report found that the total amount of federal support 
for physics research declined 24.6 percent in real dollars 
between 1992 and 1998. In contrast, funding for biomedical 
research increased 36 percent over the same time period and an 
additional 85 percent between 1999 and 2002. Funding for 
biomedical research currently amounts for more than 50 percent 
of total civilian research.
    Underfunding one major area of science can be detrimental 
to well funded areas, since the latter cannot draw on important 
innovations that would potentially be produced by the former. 
For example, if NSF had not funded the research that led to the 
discovery of nuclear magnetic resonance, magnetic resonance 
imaging (MRI) technology, which is used to detect tumors and 
internal tissue damage in patients and to investigate 
differences in brain tissue, might not be available today. 
Other significant inventions that stemmed from discoveries made 
by NSF-funded researchers and spurred discoveries in other 
fields include the Internet, fiber optics, Doppler radar, bar 
codes, data compression technology, edible vaccines, automated 
DNA sequencers, and nanotechnology.
    While the Committee is of the opinion that the 
mathematical, physical, and information sciences and 
engineering disciplines have been significantly underfunded, 
the Committee also recognizes that greater funding for other 
disciplines, including the non-biomedical life sciences and the 
social sciences is also necessary. While the Committee gives 
NSF the responsibility to determine funding levels among the 
different directorates and divisions, the Committee strongly 
believes that all disciplines for which NSF provides support 
should receive significant budget increases. The authorizations 
provided by the Investing in America's Future Act of 2002 
provide sufficient funds to allow these increases across all 
fields funded by the Foundation.

Funding for core and priority research programs

    Research within the RRA account can be analyzed in terms of 
``core'' research activities, which describes research that 
fits within a particular discipline, such as astronomy, 
chemistry, mathematics, and ``priority areas'' which are multi-
disciplinary research area that cut across directorates. The 
Committee urges NSF to carefully evaluate the balance between 
the core and priority research areas, and ensure that funding 
for core research remains strong.

Investments in selected priority areas

    The Committee applauds the Foundation's efforts to bring 
together scientists from diverse and sometimes seemingly 
unrelated disciplines to study topics of national interest and/
or emerging disciplines. The Committee encourages NSF to 
continue to promote collaborations between researchers in 
diverse fields as well as in different sub-fields.
    The Committee has strongly supported and made information 
technology research a priority for over a decade. Last year, 
the Committee passed H.R. 3400, the Networking and Information 
Technology Research Advancement Act, which authorized funds for 
networking and information technology research at NSF--in 
coordination with other federal agencies--in keeping with the 
High Performance Computing Act of 1991. Continuing the pace of 
information technology research is becoming increasingly 
difficult. For example, as semiconductors become ever smaller, 
faster, and cheaper, the physical limits of the processes used 
to make them are rapidly approaching. Future research 
breakthroughs are needed to ensure that semiconductor memory 
costs will continue to decrease, while microprocessor speed 
continues to increase. The benefits to the national economy 
from these productivity improvements promise to far exceed the 
added investments in basic science required to realize them.
    In addition to the priority areas specifically authorized 
in the bill, the Committee fully supports the NSF budget 
proposal for the new priority area in the Social, Behavioral 
and Economic Sciences included in the FY 2003 budget request. 
These sciences are poised to take advantage of new tools, 
larger grants, and multidisciplinary cooperation to explore the 
social and behavioral aspects of many fundamental human and 
societal questions, such as: how people learn; how children 
develop; the ethical, legal, and social implications of 
technological advances; geographic patterns and processes; and 
innovation and change in organizations and firms. The Committee 
encourages NSF to sustain and provide for future growth for 
this initiative.
    Also, the Committee supports the FY 2003 budget request for 
Biocomplexity and the Environment, which provides a focal point 
for scientists from different disciplines to work together to 
understand complex environmental systems, including the roles 
of humans in shaping these systems. This priority area has 
promise for leading to a comprehensive understanding of 
interrelationships that arise when living things interact with 
their environment at all levels, from molecular structures to 
genes to organisms to ecosystems to urban centers.

Education and human resources

    The Committee believes that the science, technology, and 
mathematics education programs supported by NSF are critical to 
stimulating education reform in the United States. The 
education initiatives authorized in Committee-generated 
legislation aimed at improving K-12 and undergraduate science, 
mathematics, engineering, and technology education, H.R. 1858 
and H.R. 3130, respectively, will strengthen these efforts 
further. The Committee expects funds authorized by this Act to 
fund programs authorized by H.R. 1858 and H.R. 3130.

Advanced Technological Education program

    The Committee intends that the funding increase above the 
FY 2002 appropriations level provided by this authorization for 
the Advanced Technological Education (ATE) program be used for 
existing activities under the program and for funding the 
activities authorized under section 13 of the Undergraduate 
Science, Mathematics, Engineering and Technology Education 
Improvement Act, H.R. 3130, as reported by the Sciences 
Committee.

Minority Serving Institutions

    The authorization of appropriations for Education and Human 
Resources for FY 2003 designates $30 million for the Minority 
Serving Institutions Undergraduate Program, which is 
established under section 12 of the Undergraduate Science, 
Mathematics, Engineering and Technology Education Improvement 
Act, H.R. 3130, as reported by the Science Committee. The 
Committee intends that the Minority Serving Institutions 
Undergraduate Program encompass the existing Historically Black 
Colleges and Universities-Undergraduate Program (HBCU-UP) and 
Tribal Colleges and Universities Program as well as the newly 
created programs for Hispanic-Serving Institutions, Alaska 
Native-Serving Institutions, and Native Hawaiian-Serving 
Institutions. The new Minority Serving Institutions 
Undergraduate Program should have the same overall goals and 
objectives as HBCU-UP. The Committee expects the Program to 
continue beyond FY 2003 and to be funded at a level consistent 
with meeting its goals.

National research facilities

    The Committee strongly believes that cutting-edge, world-
class research requires not only talented scientists and 
engineers, but also a state-of-the art science and engineering 
infrastructure. In addition, the Committee believes that 
providing scientists and engineers with the necessary equipment 
and facilities is part of NSF's mission. Therefore, it is the 
Committee's intent that the funding increases authorized for 
MREFC be used to reduce the backlog of large research and 
equipment facilities construction projects approved by the NSB 
and awaiting funding.

Prioritization and selection of major research equipment and facilities 
        awards

    The Committee continues to be concerned that the lack of 
transparency in the MREFC planning, evaluation, prioritization 
and selection process has caused uncertainty and confusion 
about the prospect for the funding of major facilities. In 
section 7(a), the Committee has specified a process for the 
prioritization and selection of MREFC projects. As part of this 
process, the Director is to develop a list of the proposed 
projects, ranking the relative priority of each for funding, 
and submit the list of the Board for review. The list, which 
must be submitted to Congress, must first be approved by the 
NSB. The Committee expects that, while the Board has final say 
on the ranking of the items on the list, the list submitted to 
Congress is acceptable to both the Director and the Board. The 
list submitted to Congress must also be accompanied by a report 
describing how the projects were prioritized. The Committee 
expects the report to include: (1) a detailed description of 
the criteria used to develop the list and (2) a description of 
the major factors for each project that determined its ranking 
on the list.
    Because of its concern about the lack of transparency in 
the planning, evaluation, prioritization, and selection of 
MREFC awards, the Committee has included a requirement, as 
specified in section 4 of the Act, prohibiting the obligation 
of any appropriate MREFC account funds for FY 2003 until 30 
days after the Director has submitted to the Congress the 
report specified in section 7(a). While the Committee realizes 
that the Director will have a limited amount of time in which 
to fulfill these requirements so that funds appropriated for FY 
2003 can be obligated in a timely manner, the Committee 
believes that it is essential that transparency be added to the 
process before additional awards are made. It is the 
Committee's intention that the ranked list, due by June 15 in 
subsequent years, be used by the Foundation in formulating the 
next years' budget request (e.g. the list submitted this year 
shall be used to inform the FY 2004 budget process), and the 
Committee expects an explanation of any deviations from the 
NSB-approved list contained in the corresponding budget 
request.

Plan for costs associated with national research facilities

    In section 7(b), the Committee has modified the requirement 
for the annual submittal to Congress of a plan for national 
research facilities enacted by the National Science Foundation 
Authorization Act of 1998, a requirement with which NSF has 
never fully complied. The Committee intends that this document 
provide a full description of the Foundation's plan for the 
proposed construction of, and repair and upgrades to, national 
research facilities, including full life-cycle cost 
information. Also, the Committee realizes that estimated 
funding profiles for projects in the earlier stages of 
development are subject to change. However, the Committee seeks 
information about potential resource requirements for 
infrastructure improvements and expects estimated schedule and 
cost profiles to be included for all projects under 
consideration.
    In addition to information on construction plans, the plan 
should include a status report on all construction projects 
currently underway. The purpose of the reporting requirement is 
to formally document the status of construction projects, 
including the total funding allocated to each project from all 
federal and non-federal sources, and to reinforce the 
Committee's view on the need for high level management 
attention at NSF to major facilities construction projects. 
Also, the report is expected to provide the Committee with 
information on the phasing out of existing facilities and with 
estimates of the funding planned to support research that will 
make use of national facilities. The Committee also continues 
to expect that NSF will inform the Committee, at the time they 
are identified, of problems that will significantly impact cost 
or schedule for major construction projects.

Management of MREFC projects

    As indicated in section 7(c), the Committee has included a 
requirement precluding the Foundation's use of temporary 
employees to manage national research projects funded under the 
MREFC account. Such projects span multiple years, are complex, 
and usually involve several phases of design and 
implementation, construction, and operation. The Committee 
believes management continuity will help project delays and 
cost overruns.
    It is not the intention of the Committee to restrict the 
use of temporary employees over all the Foundation's programs. 
The Committee recognizes that a number of management positions 
at NSF are held by temporary employees who come from colleges, 
universities, the private sector, and other government agencies 
to work at NSF for three years or less. This practice is 
beneficial to the agency because it brings researchers from 
colleges and universities to work for a few years at the 
Foundation, thereby drawing on their in-depth and cutting edge 
knowledge of a particular field of research. However, the 
Committee believes that the assignment of temporary employees 
to long-term projects is not in the best interests of those 
projects or the Foundation.

Major research instrumentation

    The MRI program was initiated in FY 1994 to enable academic 
institutions to acquire research instrumentation too expensive 
to be bought with funds from a standard research grant. The 
Foundation's periodic surveys of instrumentation needs at 
academic institutions provided the rationale for the MRI 
program. The last such survey in 1994 found that 42 percent of 
respondents (1) judged their instrumentation to be ``inadequate 
or poor'' for enabling them to pursue their major research 
interests using existing research facilities, and (2) estimated 
that it would cost $1.4 billion to bring their research 
instrumentation to an adequate level.
    Between FY 1994 and FY 2000, the MRI program was funded at 
$50 million per year. Congress raised the appropriation for MRI 
to $75 million for both FY 2001 and FY 2002, despite continued 
NSF requests for $50 million for the program. The bill 
authorizes funding for FY 2003 at the FY 2002 appropriations 
level and increases the authorization to $85 million for FY 
2004.
    In light of the 1994 report, the MRI funding level appears 
to be insufficient to effect significant improvements in the 
program. The Committee supports growth in the MRI program, but 
is hampered in setting the appropriate funding level by 
insufficient information on the current state of research 
instrumentation needs by academic institutions because NSF has 
not repeated its instrumentation surveys since the one in 1994.
    The Committee expects NSF, in accordance with section 8 of 
the bill, to assess the MRI program's impact on the 
instrumentation needs identified by the 1994 survey, by field 
of science and engineering. The Committee also has specified 
that NSF carry out a new instrumentation survey to provide a 
basis for determining the scale of current research 
instrumentation needs at academic institutions across fields of 
science and engineering. The Committee expects NSF to use the 
results of the survey to make appropriate changes in the scope 
and scale of the MRI program.

Astronomy and Astrophysics Advisory Committee

    The Committee expects NSF and NASA to coordinate their 
respective plans for research in astronomy and astrophysics and 
to implement the recommendation of the National Research 
Council's Committee on the Management of Research in Astronomy 
and Astrophysics for establishment of an advisory committee to 
help coordinate astronomy and astrophysics programs among 
federal agencies.
    The Committee applauds the efforts of the astronomy and 
astrophysics research community to carry out a prioritization 
of its research facilities needs every ten years. The Committee 
explicitly tasks the advisory committee to review the plans of 
NSF and NASA in light of the recommendations in the 2001 report 
of the National Research Council, Astronomy and Astrophysics in 
the New Millennium, which documents the latest decadal 
prioritization process.

Board meetings

    The Committee is concerned that the meetings of the NSB may 
not be in full compliance with the Government in the Sunshine 
Act (P.L. 94-409, now incorporated in section 552b of title 5, 
U.S. Code), which was intended to make meetings regarding a 
federal agency's activities open to the public, with narrow 
statutory exemptions. The Committee expects all NSB meetings to 
be fully open to the public unless they meet the narrow 
statutory exemptions specified in the Sunshine Act and are 
appropriately noticed. To determine whether the Board is 
complying with the administrative and content requirements of 
the Sunshine Act, the Committee has included in section 10 a 
requirement for the NSF IG to conduct an annual audit of the 
compliance of the NSB with the Act and to report to Congress on 
its findings as well as any recommendations.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science prior to the filing of this report and 
is included in section X of this report pursuant to House rule 
XIII, clause 3(c)(3).
    H.R. 4664 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
4664 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in section X of this report.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 31, 2002.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4664, the 
Investing in America's Future Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kathleen 
Gramp.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4664--Investing in America's Future Act of 2002

    Summary: H.R. 4664 would authorize the appropriation of 
$19.2 billion for the activities of the National Science 
Foundation (NSF) over the 2003-2005 period. If implemented, 
NSF's appropriation would increase from $4.8 billion in 2002 to 
$7.3 billion in 2005--an average annual increase of about 15 
percent. In addition, the bill would establish an advisory 
committee on astronomy and astrophysics, which would be jointly 
administered by NSF and the National Aeronautics and Space 
Administration.
    Assuming appropriation of the specified amounts, CBO 
estimates that implementing this bill would cost $17.5 billion 
over the 2003-2007 period. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    H.R. 4664 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. The bill would benefit public universities by 
authorizing substantial grant funding to institutions of higher 
education, including public universities, for scientific and 
technical education. Any costs incurred by public universities 
would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4664 is shown in the following table. 
For this estimate, CBO assumes that the amounts authorized will 
be appropriated each year and that outlays will occur at rates 
similar to those of existing NSF programs. The costs of this 
legislation fall within budget function 250 (general science, 
space, and technology).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2002       2003       2004       2005       2006       2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

NSF spending under current law:
    Budget authority \1\......................      4,789          0          0          0          0          0
    Estimated outlays.........................      4,141      3,221      1,121        327        124         45
Proposed changes:
    Authorization level \1\...................          0      5,515      6,343      7,294          0          0
    Estimated outlays.........................          0      1,389      4,108      5,659      4,703      1,646
NSF spending under H.R. 4664:
    Authorization level \1\...................      4,789      5,515      6,343      7,294          0          0
    Estimated outlays.........................      4,141      4,610      5,229      5,986      4,827      1,691
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year.

    Pay-as-you-go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 4664 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. The bill would benefit public universities by 
authorizing substantial grant funding to institutions of higher 
education, including public universities, for scientific and 
technical education. Any costs incurred by public universities 
would be voluntary.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Kathleen Gramp; impact 
on state, local, and tribal governments: Elyse Goldman; impact 
on the private sector: Patrice Gordon.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 4664 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science's oversight findings and 
recommendations are reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of House rule XIII, the goals 
and objectives of H.R. 4664 are to authorize appropriations for 
NSF for fiscal years 2003, 2004, and 2005, and to impose 
requirements related to major research facilities funded by the 
Foundation, interagency coordination of astronomy research, and 
public access to meetings of the NSB.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 4664.

                XV. Federal Advisory Committee Statement

    The functions of the advisory committee established by H.R. 
4664 are not currently being nor could they be performed by one 
or more agencies or by enlarging the mandate of another 
existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 4664 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

      XVII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

      XVIII. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

        NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 1998

           *       *       *       *       *       *       *



SEC. 2. DEFINITIONS.

  In this Act:
          (1) * * *

           *       *       *       *       *       *       *

          (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.
          [(3)] (4) 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).
          [(4)] (5) 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.
          [(5)] (6) 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.

           *       *       *       *       *       *       *


                      TITLE II--GENERAL PROVISIONS

SEC. 201. NATIONAL RESEARCH FACILITIES.

  (a) Facilities Plan.--
          [(1) In general.--Not later than December 1, of each 
        year, the Director shall, as part of the annual budget 
        request, prepare and submit to Congress a plan for the 
        proposed construction of, and repair and upgrades to, 
        national research facilities.]
          (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 the plan.--The plan shall include--
                  (A) estimates of the costs for the 
                construction, repairs, and upgrades described 
                in paragraph (1), including costs for 
                instrumentation development;
                  (B) estimates of the costs for the operation 
                and maintenance of existing and proposed new 
                facilities; [and]
                  (C) in the case of proposed new construction 
                and for major upgrades to existing facilities, 
                funding profiles, by fiscal year, and 
                milestones for major phases of the 
                construction[.];
                  (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.

           *       *       *       *       *       *       *


                     XIX. Committee Recommendations

    On May 22, 2002, a quorum being present, the Committee on 
Science favorably reported H.R. 4664, the Investing in 
America's Future Act of 2002, by a voice vote, and recommended 
its enactment.