42 U.S.C. § 1862n–4 (THE PUBLIC HEALTH AND WELFARE)
§ 1862n–4. Major research equipment and facilities construction plan
(a) Prioritization of proposed major research equipment and facilities construction
(1) Development of priorities
(A) The Director shall—
(i) 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; and
(ii) submit the list described in clause (i) to the Board for approval.
(B) The Director shall update the list prepared under subparagraph (A) each time the Board approves a new project that would receive funding under the major research equipment and facilities construction account, as necessary to prepare reports under paragraph (2), and, from time to time, submit any updated list to the Board for approval.
(2) Annual report
Not later than 90 days after December 19, 2002, and not later than each June 15 thereafter, the Director shall transmit 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 report containing—
(A) the most recent Board-approved priority list developed under paragraph (1)(A);
(B) a description of the criteria used to develop such list; and
(C) a description of the major factors for each project that determined the ranking of such project 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) the applicant’s management and administrative capacity of large research facilities;
(F) international and interagency commitments; and
(G) the order in which projects were approved by the Board for inclusion in a future budget request.
(b) Omitted
(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.
(d) Board approval of major research equipment and facilities projects
(1) In general
The Board shall explicitly approve any project to be funded out of the major research equipment and facilities construction account before any funds may be obligated from such account for such project.
(2) Report
Not later than September 15 of each fiscal year, the Board shall report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Science of the House of Representatives on the conditions of any delegation of authority under section 1863 of this title that relates to funds appropriated for any project in the major research equipment and facilities construction account.
(e) National Academy of Sciences study on major research equipment and facilities construction
(1) Study
Not later than 3 months after December 19, 2002, the Director shall enter into an arrangement with the National Academy of Sciences to perform a study on setting priorities for a diverse array of disciplinary and interdisciplinary Foundation-sponsored large research facility projects.
(2) Transmittal to Congress
Not later than 15 months after December 19, 2002, the Director shall transmit to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate, the study conducted by the National Academy of Sciences together with the Foundation’s reaction to the study authorized under paragraph (1).
(Pub. L. 107–368, § 14, Dec. 19, 2002, 116 Stat. 3056.)
heading: Codification
text: Section is comprised of section 14 of Pub. L. 107–368. Subsec. (b)(1), (2) of section 14 of Pub. L. 107–368 amended section 1862l of this title, and subsec. (b)(3) of section 14 of Pub. L. 107–368 amended provisions set out as a note under section 1862k of this title.
Section was enacted as part of the National Science Foundation Authorization Act of 2002, and not as part of the National Science Foundation Act of 1950 which comprises this chapter.
heading: Change of Name
text: Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
heading: Definitions
text: For definitions of terms used in this section, see section 4 of Pub. L. 107–368, set out as a note under section 1862n of this title.