IB
Union Calendar No. 291
107TH CONGRESS
2D SESSION
H. R. 4664
[Report No. 107–488]
To authorize appropriations for fiscal years 2003, 2004, and 2005 for the
National Science Foundation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 7, 2002
Mr. SMITH of Michigan (for himself, Ms. EDDIE BERNICE JOHNSON of Texas,
Mr. BOEHLERT, Mr. HALL of Texas, Mr. SMITH of Texas, Mrs.
MORELLA, Mr. HONDA, Mr. EHLERS, Mr. BAIRD, Mr. ETHERIDGE, Mr.
NETHERCUTT, Mrs. BIGGERT, Mr. BARCIA, Mr. GILCHREST, Mr. BACA,
Mr. CALVERT, Mr. UDALL of Colorado, and Ms. LOFGREN) introduced
the following bill; which was referred to the Committee on Science
JUNE 4, 2002
Additional sponsors: Mr. FORBES, Ms. HART, Mr. GRUCCI, Ms. RIVERS, Mr.
JOHNSON of Illinois, Ms. WOOLSEY, Mr. LARSON of Connecticut, Mr.
MOORE, and Mr. GUTKNECHT
JUNE 4, 2002
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 7, 2002]
A BILL
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 mean-
ing 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 insti-
tutions 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 ap-
propriated to the National Science Foundation
$5,515,260,000 for fiscal year 2003.
(2) SPECIFIC ALLOCATIONS.—Of the amount au-
thorized 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 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 Math-
ematical Sciences Priority Area; and
(iv) $75,900,000 shall be for Major Re-
search 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 Ad-
vanced 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 Minor-
ity 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 ap-
propriated to the National Science Foundation
$6,342,550,000 for fiscal year 2004.
(2) SPECIFIC ALLOCATIONS.—Of the amount au-
thorized 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 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 Math-
ematical Sciences Priority Area; and
(iv) $85,000,000 shall be for Major Re-
search 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 Techno-
logical Education Program established under sec-
tion 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 ap-
propriated to the National Science Foundation
$7,293,930,000 for fiscal year 2005.
(2) SPECIFIC ALLOCATIONS.—Of the amount au-
thorized 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 trans-
mitted 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 Com-
mittee on Science of the House of Representatives, the Com-
mittee 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 al-
location 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, mathe-
matics, 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 sec-
tion 3(a)(2)(A) or (b)(2)(A) is less than the amount author-
ized 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 Di-
rector assigns to each project the Board has ap-
proved 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 re-
ceive funding under the Major Research Equip-
ment 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 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 follows:
‘‘(1) IN GENERAL.—The Director shall prepare,
and include as part of the Foundation’s annual budg-
et request to Congress, a plan for the proposed con-
struction of, and repair and upgrades to, national re-
‘‘(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 fol-
lowing 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 fa-
cility project funded under the Major Research Equipment
and Facilities Construction account shall be managed by
an individual whose appointment to the Foundation is tem-
porary.
SEC. 8. MAJOR RESEARCH INSTRUMENTATION.
The Foundation shall conduct a review and assessment
of the Major Research Instrumentation Program and pro-
vide a report to Congress on its findings and recommenda-
tions 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 edu-
cation 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 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 Administration
as they relate to the recommendations contained in
the National Research Council’s 2001 report entitled
‘‘Astronomy and Astrophysics in the New Millen-
nium’’, and the recommendations contained in subse-
quent National Research Council reports of a similar
nature; and
(3) not later than March 15 of each year, trans-
mit 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 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 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 se-
lect a chairperson from among its members.
(f) COORDINATION.—The Advisory Committee shall co-
ordinate 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 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 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 ex-
tent 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 Founda-
tion 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 rec-
ommendations on how to ensure public access to the Board’s
deliberations.
Calendar No. 291
107TH CONGRESS
2D SESSION
H. R. 4664
[Report No. 107–488]
A BILL
To authorize appropriations for fiscal years 2003,
2004, and 2005 for the National Science Foun-
dation, and for other purposes.
JUNE 4, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed