Laws: Cases and Codes : U.S. Code : Title 42 : Section 1862n-4


   
U.S. Code as of: 01/19/04
Section 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).



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