107TH CONGRESS
2D SESSION
H. R. 4664
AN ACT
To authorize appropriations for fiscal years 2003,
2004, and 2005 for the National Science Foun-
dation, 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 Representa-
tives 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 Na-
tional 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 Co-
lumbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, the Common-
wealth 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 avail-
able to carry out Research and Related Activi-
ties, of which—
(i) $704,000,000 shall be for net-
working and information technology re-
search;
(ii) $238,450,000 shall be for the
Nanoscale Science and Engineering Pri-
ority 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 avail-
able for Education and Human Resources, of
which—
(i) $50,000,000 shall be for the Ad-
vanced Technological Education Program
established under section 3 of the Sci-
entific and Advanced-Technology Act of
1992 (42 U.S.C. 1862i); and
(ii) $30,000,000 shall be for the Mi-
nority 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 avail-
able to carry out Research and Related Activi-
ties, of which—
(i) $774,000,000 shall be for net-
working and information technology re-
search;
(ii) $286,140,000 shall be for the
Nanoscale Science and Engineering Pri-
ority 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 avail-
able 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 avail-
able to carry out Research and Related Activi-
ties;
(B) $1,330,770,000 shall be made avail-
able 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 author-
ized 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 author-
ized 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 author-
ized 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 alloca-
tion 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 multidisci-
plinary 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 appro-
priated 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 propor-
tion.
(b) 
RESEARCH
AND
RELATED
ACTIVITIES
AMOUNTS.—If the amount appropriated pursuant to sec-
tion 3(a)(2)(A) or (b)(2)(A) is less than the amount au-
thorized 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
RE-
SEARCH 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 Equip-
ment 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 para-
graph (2). The Director shall submit any up-
dated 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 pri-
ority list developed under paragraph (1);
(B) a description of the criteria used to de-
velop 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 de-
scribed 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 im-
pact;
(C) consideration of the results of formal
prioritization efforts by the scientific commu-
nity;
(D) readiness of plans for construction and
operation;
(E) international and interagency commit-
ments; and
(F) the order in which projects were ap-
proved by the Board for inclusion in a future
budget request.
(b) FACILITIES PLAN.—
(1) IN GENERAL.—Section 201(a)(1) of the Na-
tional Science Foundation Authorization Act of 1998
(42 U.S.C. 1862l(a)(1)) is amended to read as fol-
lows:
‘‘(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 infor-
mation.’’.
(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 develop-
ment’’ after ‘‘described in paragraph (1)’’;
(B) by striking ‘‘and’’ at the end of sub-
paragraph (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 Con-
struction account—
‘‘(i) estimates of the total project cost
(from planning to commissioning); and
‘‘(ii) the source of funds, including
Federal funding identified by appropria-
tions 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 na-
tional 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), re-
spectively; 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, pro-
curement, 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 Equip-
ment and Facilities Construction account shall be man-
aged by an individual whose appointment to the Founda-
tion is temporary.
SEC. 8. MAJOR RESEARCH INSTRUMENTATION.
The Foundation shall conduct a review and assess-
ment of the Major Research Instrumentation Program
and provide a report to Congress on its findings and rec-
ommendations within 1 year after the date of the enact-
ment 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 lev-
els by year and by major field of science and engi-
neering for the Major Research Instrumentation
Program, since the inception of the Program; and
(3) an analysis of the impact of the Major Re-
search Instrumentation Program on the research in-
strumentation needs that were documented in the
Foundation’s 1994 survey of academic research in-
strumentation needs.
SEC. 9. ASTRONOMY AND ASTROPHYSICS ADVISORY COM-
MITTEE.
(a) ESTABLISHMENT.—The Foundation and the Na-
tional Aeronautics and Space Administration shall jointly
establish an Astronomy and Astrophysics Advisory Com-
mittee (in this section referred to as the ‘‘Advisory Com-
mittee’’).
(b) DUTIES.—The Advisory Committee shall—
(1) assess, and make recommendations regard-
ing, the coordination of astronomy and astrophysics
programs of the Foundation and the National Aero-
nautics and Space Administration;
(2) assess, and make recommendations regard-
ing, the status of the activities of the Foundation
and the National Aeronautics and Space Administra-
tion as they relate to the recommendations contained
in the National Research Council’s 2001 report enti-
tled ‘‘Astronomy and Astrophysics in the New Mil-
lennium’’, 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 Administra-
tion, 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 Aero-
nautics 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 selec-
tions under subsection (c)(3) shall be made within 5
months after the date of the enactment of this Act. Vacan-
cies shall be filled in the same manner as provided in sub-
section (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 agen-
cies, such as the Department of Energy, which may en-
gage in related research activities.
(g) COMPENSATION.—The members of the Advisory
Committee shall serve without compensation, but shall re-
ceive travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(h) MEETINGS.—The Advisory Committee shall con-
vene, in person or by electronic means, at least 4 times
a year.
(i) QUORUM.—
(1) IN GENERAL.—Except as provided in para-
graph (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 en-
sure that the Board complies with the requirements of sec-
tion 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 require-
ments 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 Foun-
dation shall transmit to the Congress the audit required
under subsection (b) along with recommendations for cor-
rective actions that need to be taken to achieve fuller com-
pliance 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.