[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4664 Referred in Senate (RFS)]

  2d Session
                                H. R. 4664


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2002

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for fiscal years 2003, 2004, and 2005 for 
        the National Science Foundation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investing in America's Future Act of 
2002''.

SEC. 2 DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the National Science 
        Board established under section 2 of the National Science 
        Foundation Act of 1950 (42 U.S.C. 1861).
            (2) Director.--The term ``Director'' means the Director of 
        the National Science Foundation.
            (3) Foundation.--The term ``Foundation'' means the National 
        Science Foundation.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (5) National research facility.--The term ``national 
        research facility'' means a research facility funded by the 
        Foundation which is available, subject to appropriate policies 
        allocating access, for use by all scientists and engineers 
        affiliated with research institutions located in the United 
        States.
            (6) United states.--The term ``United States'' means the 
        several States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2003.--
            (1) In general.--There are authorized to be appropriated to 
        the National Science Foundation $5,515,260,000 for fiscal year 
        2003.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $4,138,440,000 shall be made available to carry 
                out Research and Related Activities, of which--
                            (i) $704,000,000 shall be for networking 
                        and information technology research;
                            (ii) $238,450,000 shall be for the 
                        Nanoscale Science and Engineering Priority 
                        Area;
                            (iii) $60,090,000 shall be for the 
                        Mathematical Sciences Priority Area; and
                            (iv) $75,900,000 shall be for Major 
                        Research Instrumentation;
                    (B) $1,006,250,000 shall be made available for 
                Education and Human Resources, of which--
                            (i) $50,000,000 shall be for the Advanced 
                        Technological Education Program established 
                        under section 3 of the Scientific and Advanced-
                        Technology Act of 1992 (42 U.S.C. 1862i); and
                            (ii) $30,000,000 shall be for the Minority 
                        Serving Institutions Undergraduate Program;
                    (C) $152,350,000 shall be made available for Major 
                Research Equipment and Facilities Construction;
                    (D) $210,160,000 shall be made available for 
                Salaries and Expenses; and
                    (E) $8,060,000 shall be made available for the 
                Office of Inspector General.
    (b) Fiscal Year 2004.--
            (1) In general.--There are authorized to be appropriated to 
        the National Science Foundation $6,342,550,000 for fiscal year 
        2004.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $4,735,600,000 shall be made available to carry 
                out Research and Related Activities, of which--
                            (i) $774,000,000 shall be for networking 
                        and information technology research;
                            (ii) $286,140,000 shall be for the 
                        Nanoscale Science and Engineering Priority 
                        Area;
                            (iii) $90,090,000 shall be for the 
                        Mathematical Sciences Priority Area; and
                            (iv) $85,000,000 shall be for Major 
                        Research Instrumentation;
                    (B) $1,157,190,000 shall be made available for 
                Education and Human Resources, of which $55,000,000 
                shall be for the Advanced Technological Education 
                Program established under section 3 of the Scientific 
                and Advanced-Technology Act of 1992 (42 U.S.C. 1862i);
                    (C) $225,000,000 shall be made available for Major 
                Research Equipment and Facilities Construction;
                    (D) $216,460,000 shall be made available for 
                Salaries and Expenses; and
                    (E) $8,300,000 shall be made available for the 
                Office of Inspector General.
    (c) Fiscal Year 2005.--
            (1) In general.--There are authorized to be appropriated to 
        the National Science Foundation $7,293,930,000 for fiscal year 
        2005.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $5,445,940,000 shall be made available to carry 
                out Research and Related Activities;
                    (B) $1,330,770,000 shall be made available for 
                Education and Human Resources;
                    (C) $285,710,000 shall be made available for Major 
                Research Equipment and Facilities Construction;
                    (D) $222,960,000 shall be made available for 
                Salaries and Expenses; and
                    (E) $8,550,000 shall be made available for the 
                Office of Inspector General.

SEC. 4. OBLIGATION OF MAJOR RESEARCH EQUIPMENT FUNDS.

    (a) Fiscal Year 2003.--None of the funds authorized under section 
3(a)(2)(C) may be obligated until 30 days after the first report 
required under section 7(a)(2) is transmitted to the Congress.
    (b) Fiscal Year 2004.--None of the funds authorized under section 
3(b)(2)(C) may be obligated until 30 days after the report required by 
June 15, 2003, under section 7(a)(2) is transmitted to the Congress.
    (c) Fiscal Year 2005.--None of the funds authorized under section 
3(c)(2)(C) may be obligated until 30 days after the report required by 
June 15, 2004, under section 7(a)(2) is transmitted to the Congress.

SEC. 5. ANNUAL PLAN FOR ALLOCATION OF FUNDING.

    Not later than 60 days after the date of enactment of legislation 
providing for the annual appropriation of funds for the Foundation, the 
Director shall submit to the Committee on Science of the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Health, Education, Labor, and 
Pensions of the Senate, a plan for the allocation of funds authorized 
by this Act for the corresponding fiscal year. The portion of the plan 
pertaining to Research and Related Activities shall include a 
description of how the allocation of funding--
            (1) will affect the average size and duration of research 
        grants supported by the Foundation by field of science, 
        mathematics, and engineering;
            (2) will affect trends in research support for major fields 
        and subfields of science, mathematics, and engineering, 
        including for emerging multidisciplinary research areas; and
            (3) is designed to achieve an appropriate balance among 
        major fields and subfields of science, mathematics, and 
        engineering.

SEC. 6. PROPORTIONAL REDUCTION.

    (a) Overall Amounts.--If the amount appropriated pursuant to 
section 3(a)(1), (b)(1), or (c)(1) is less than the amount authorized 
under that paragraph, the amount available under each subparagraph of 
paragraph (2) of that subsection shall be reduced by the same 
proportion.
    (b) Research and Related Activities Amounts.--If the amount 
appropriated pursuant to section 3(a)(2)(A) or (b)(2)(A) is less than 
the amount authorized under that subparagraph, the amount available 
under each clause of that subparagraph shall be reduced by the same 
proportion.

SEC. 7. NATIONAL RESEARCH FACILITIES.

    (a) Prioritization of Proposed Major Research Equipment and 
Facilities Construction.--
            (1) Development of priorities.--
                    (A) List.--The Director shall develop a list 
                indicating by number the relative priority for funding 
                under the Major Research Equipment and Facilities 
                Construction account that the Director assigns to each 
                project the Board has approved for inclusion in a 
                future budget request. The Director shall submit the 
                list to the Board for approval.
                    (B) Updates.--The Director shall update the list 
                prepared under paragraph (1) each time the Board 
                approves a new project that would receive funding under 
                the Major Research Equipment and Facilities 
                Construction account and as necessary to prepare 
                reports under paragraph (2). The Director shall submit 
                any updated list to the Board for approval.
            (2) Annual report.--Not later than 90 days after the date 
        of the enactment of this Act, and not later than each June 15th 
        thereafter, the Director shall transmit to the Congress a 
        report containing--
                    (A) the most recent Board-approved priority list 
                developed under paragraph (1);
                    (B) a description of the criteria used to develop 
                such list; and
                    (C) a description of the major factors for each 
                project that determined its ranking on the list, based 
                on the application of the criteria described pursuant 
                to subparagraph (B).
            (3) Criteria.--The criteria described pursuant to paragraph 
        (2)(B) shall include, at a minimum--
                    (A) scientific merit;
                    (B) broad societal need and probable impact;
                    (C) consideration of the results of formal 
                prioritization efforts by the scientific community;
                    (D) readiness of plans for construction and 
                operation;
                    (E) international and interagency commitments; and
                    (F) the order in which projects were approved by 
                the Board for inclusion in a future budget request.
    (b) Facilities Plan.--
            (1) In general.--Section 201(a)(1) of the National Science 
        Foundation Authorization Act of 1998 (42 U.S.C. 1862l(a)(1)) is 
        amended to read as follows:
            ``(1) In general.--The Director shall prepare, and include 
        as part of the Foundation's annual budget request to Congress, 
        a plan for the proposed construction of, and repair and 
        upgrades to, national research facilities, including full life-
        cycle cost information.''.
            (2) Contents of plan.--Section 201(a)(2) of the National 
        Science Foundation Authorization Act of 1998 (42 U.S.C. 
        1862l(a)(2)) is amended--
                    (A) in subparagraph (A), by inserting ``, including 
                costs for instrumentation development'' after 
                ``described in paragraph (1)'';
                    (B) by striking ``and'' at the end of subparagraph 
                (B);
                    (C) by striking the period at the end of 
                subparagraph (C) and inserting a semicolon; and
                    (D) by adding at the end the following new 
                subparagraphs:
                    ``(D) for each project funded under the Major 
                Research Equipment and Facilities Construction 
                account--
                            ``(i) estimates of the total project cost 
                        (from planning to commissioning); and
                            ``(ii) the source of funds, including 
                        Federal funding identified by appropriations 
                        category and non-Federal funding;
                    ``(E) estimates of the full life-cycle cost of each 
                national research facility;
                    ``(F) information on any plans to retire national 
                research facilities; and
                    ``(G) estimates of funding levels for grants 
                supporting research that will make use of each national 
                research facility.''.
            (3) Definition.--Section 2 of the National Science 
        Foundation Authorization Act of 1998 (42 U.S.C. 1862k note) is 
        amended--
                    (A) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively; and
                    (B) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) Full life-cycle cost.--The term `full life-cycle 
        cost' means all costs of development, procurement, 
        construction, operations and support, and shut down costs, 
        without regard to funding source and without regard to what 
        entity manages the project.''.
    (c) Project Management.--No national research facility project 
funded under the Major Research Equipment and Facilities Construction 
account shall be managed by an individual whose appointment to the 
Foundation is temporary.

SEC. 8. MAJOR RESEARCH INSTRUMENTATION.

    The Foundation shall conduct a review and assessment of the Major 
Research Instrumentation Program and provide a report to Congress on 
its findings and recommendations within 1 year after the date of the 
enactment of this Act. The report shall include--
            (1) estimates of the needs, by major field of science and 
        engineering, of institutions of higher education for the types 
        of research instrumentation that are eligible for funding under 
        the guidelines of the Major Research Instrumentation Program;
            (2) the distribution of awards and funding levels by year 
        and by major field of science and engineering for the Major 
        Research Instrumentation Program, since the inception of the 
        Program; and
            (3) an analysis of the impact of the Major Research 
        Instrumentation Program on the research instrumentation needs 
        that were documented in the Foundation's 1994 survey of 
        academic research instrumentation needs.

SEC. 9. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE.

    (a) Establishment.--The Foundation and the National Aeronautics and 
Space Administration shall jointly establish an Astronomy and 
Astrophysics Advisory Committee (in this section referred to as the 
``Advisory Committee'').
    (b) Duties.--The Advisory Committee shall--
            (1) assess, and make recommendations regarding, the 
        coordination of astronomy and astrophysics programs of the 
        Foundation and the National Aeronautics and Space 
        Administration;
            (2) assess, and make recommendations regarding, the status 
        of the activities of the Foundation and the National 
        Aeronautics and Space Administration as they relate to the 
        recommendations contained in the National Research Council's 
        2001 report entitled ``Astronomy and Astrophysics in the New 
        Millennium'', and the recommendations contained in subsequent 
        National Research Council reports of a similar nature; and
            (3) not later than March 15 of each year, transmit a report 
        to the Director, the Administrator of the National Aeronautics 
        and Space Administration, and the Congress on the Advisory 
        Committee's findings and recommendations under paragraphs (1) 
        and (2).
    (c) Membership.--The Advisory Committee shall consist of 13 
members, none of whom shall be a Federal employee, including--
            (1) 5 members selected by the Foundation;
            (2) 5 members selected by the National Aeronautics and 
        Space Administration; and
            (3) 3 members selected by the members selected under 
        paragraphs (1) and (2).
    (d) Selection Process.--Initial selections under subsection (c)(1) 
and (2) shall be made within 3 months after the date of the enactment 
of this Act. Initial selections under subsection (c)(3) shall be made 
within 5 months after the date of the enactment of this Act. Vacancies 
shall be filled in the same manner as provided in subsection (c).
    (e) Chairperson.--The Advisory Committee shall select a chairperson 
from among its members.
    (f) Coordination.--The Advisory Committee shall coordinate with the 
advisory bodies of other Federal agencies, such as the Department of 
Energy, which may engage in related research activities.
    (g) Compensation.--The members of the Advisory Committee shall 
serve without compensation, but shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (h) Meetings.--The Advisory Committee shall convene, in person or 
by electronic means, at least 4 times a year.
    (i) Quorum.--
            (1) In general.--Except as provided in paragraph (2), a 
        majority of the members serving on the Advisory Committee shall 
        constitute a quorum for purposes of conducting the business of 
        the Advisory Committee.
            (2) Exception.--The selection of a member under subsection 
        (c)(3) shall require a vote of \3/4\ of the members appointed 
        under subsection (c)(1) and (2).
    (j) Duration.--Section 14 of the Federal Advisory Committee Act 
shall not apply to the Advisory Committee.

SEC. 10. BOARD MEETINGS.

    (a) Purpose.--The purpose of this section is to ensure that the 
Board complies with the requirements of section 552b of title 5, United 
States Code, that all meetings, with the exception of specific narrow 
statutory exemptions, be open to the public.
    (b) Compliance Audit.--The Inspector General of the National 
Science Foundation shall conduct an annual audit of the compliance by 
the Board with the requirements described in subsection (a). The audit 
shall examine the extent to which the proposed and actual content of 
closed meetings is consistent with those requirements.
    (c) Report.--Not later than February 15 of each year, the Inspector 
General of the National Science Foundation shall transmit to the 
Congress the audit required under subsection (b) along with 
recommendations for corrective actions that need to be taken to achieve 
fuller compliance with the requirements described in subsection (a), 
and recommendations on how to ensure public access to the Board's 
deliberations.

SEC. 11. SCHOLARSHIP ELIGIBILITY.

    The Director shall not exclude part-time students from eligibility 
for scholarships under the Computer Science, Engineering, and 
Mathematics Scholarship (CSEMS) program.

            Passed the House of Representatives June 5, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.