Pub.L. 107-369 To revise the boundary of the Allegheny Portage Railroad National Historic Site, and for other purposes. <> ...

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          NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002

[[Page 116 STAT. 3034]]

Public Law 107-368
107th Congress

                                 An Act


 
To authorize appropriations for fiscal years 2003, 2004, 2005, 2006, and 
        2007 for the National Science Foundation, and for other 
            purposes. <<NOTE: Dec. 19, 2002 -  [H.R. 4664]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Science Foundation 
Authorization Act of 2002. 42 USC 1861 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Science Foundation 
Authorization Act of 2002''.

SEC. 2. <<NOTE: 42 USC 1862n note.>> FINDINGS.

    Congress finds the following:
            (1) The National Science Foundation has made major 
        contributions for more than 50 years to strengthen and sustain 
        the Nation's academic research enterprise that is the envy of 
        the world.
            (2) The economic strength and national security of the 
        United States and the quality of life of all Americans are 
        grounded in the Nation's scientific and technological 
        capabilities.
            (3) The National Science Foundation carries out important 
        functions in supporting basic research in all science and 
        engineering disciplines and in supporting science, mathematics, 
        engineering, and technology education at all levels.
            (4) The research and education activities of the National 
        Science Foundation promote the discovery, integration, 
        dissemination, and application of new knowledge in service to 
        society and prepare future generations of scientists, 
        mathematicians, and engineers who will be necessary to ensure 
        America's leadership in the global marketplace.
            (5) The National Science Foundation must be provided with 
        sufficient resources to enable it to carry out its 
        responsibilities to develop intellectual capital, strengthen the 
        scientific infrastructure, integrate research and education, 
        enhance the delivery of mathematics and science education in the 
        United States, and improve the technological literacy of all 
        people in the United States.
            (6) The emerging global economic, scientific, and technical 
        environment challenges long-standing assumptions about domestic 
        and international policy, requiring the National Science 
        Foundation to play a more proactive role in sustaining the 
        competitive advantage of the United States through superior 
        research capabilities.

[[Page 116 STAT. 3035]]

            (7) Commercial application of the results of Federal 
        investment in basic and computing science is consistent with 
        longstanding United States technology transfer policy and is a 
        critical national priority, particularly with regard to 
        cybersecurity and other homeland security applications, because 
        of the urgent needs of commercial, academic, and individual 
        users as well as the Federal and State Governments.

SEC. 3. POLICY OBJECTIVES.

    In allocating resources made available under section 5, the 
Foundation shall have the following policy objectives:
            (1) To strengthen the Nation's lead in science and 
        technology by--
                    (A) increasing the national investment in general 
                scientific research and increasing investment in 
                strategic areas;
                    (B) balancing the Nation's research portfolio among 
                the life sciences, mathematics, the physical sciences, 
                computer and information science, geoscience, 
                engineering, and social, behavioral, and economic 
                sciences, all of which are important for the continued 
                development of enabling technologies necessary for 
                sustained international competitiveness;
                    (C) expanding the pool of scientists and engineers 
                in the United States;
                    (D) modernizing the Nation's research 
                infrastructure; and
                    (E) establishing and maintaining cooperative 
                international relationships with premier research 
                institutions, with the goal of such relationships being 
                the exchange of personnel, data, and information in an 
                effort to alleviate problems common to the global 
                community.
            (2) To increase overall workforce skills by--
                    (A) improving the quality of mathematics and science 
                education, particularly in kindergarten through grade 
                12;
                    (B) promoting access to information technology for 
                all students;
                    (C) raising postsecondary enrollment rates in 
                science, mathematics, engineering, and technology 
                disciplines for individuals identified in section 33 or 
                34 of the Science and Engineering Equal Opportunities 
                Act (42 U.S.C. 1885a or 1885b);
                    (D) increasing access to higher education in 
                science, mathematics, engineering, and technology fields 
                for students from low-income households; and
                    (E) expanding science, mathematics, engineering, and 
                technology training opportunities at institutions of 
                higher education.
            (3) To strengthen innovation by expanding the focus of 
        competitiveness and innovation policy at the regional and local 
        level.

SEC. 4. <<NOTE: 42 USC 1862n note.>> DEFINITIONS.

    In this Act:
            (1) Academic unit.--The term ``academic unit'' means a 
        department, division, institute, school, college, or other 
        subcomponent of an institution of higher education.

[[Page 116 STAT. 3036]]

            (2) 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).
            (3) Community college.--The term ``community college'' has 
        the meaning given such term in section 3301(3) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7011(3)).
            (4) Director.--The term ``Director'' means the Director of 
        the National Science Foundation established under section 2 of 
        the National Science Foundation Act of 1950 (42 U.S.C. 1861).
            (5) Elementary school.--The term ``elementary school'' has 
        the meaning given that term by section 9101(18) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(18)).
            (6) Eligible nonprofit organization.--The term ``eligible 
        nonprofit organization'' means a nonprofit research institute, 
        or a nonprofit professional association, with demonstrated 
        experience and effectiveness in mathematics or science education 
        as determined by the Director.
            (7) Foundation.--The term ``Foundation'' means the National 
        Science Foundation established under section 2 of the National 
        Science Foundation Act of 1950 (42 U.S.C. 1861).
            (8) High-need local educational agency.--The term ``high-
        need local educational agency'' means a local educational agency 
        that meets one or more of the following criteria:
                    (A) It has at least one school in which 50 percent 
                or more of the enrolled students are eligible for 
                participation in the free and reduced price lunch 
                program established by the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.).
                    (B) It has at least one school in which--
                          (i) more than 34 percent of the academic 
                      classroom teachers at the secondary level (across 
                      all academic subjects) do not have an 
                      undergraduate degree with a major or minor in, or 
                      a graduate degree in, the academic field in which 
                      they teach the largest percentage of their 
                      classes; or
                          (ii) more than 34 percent of the teachers in 
                      two of the academic departments do not have an 
                      undergraduate degree with a major or minor in, or 
                      a graduate degree in, the academic field in which 
                      they teach the largest percentage of their 
                      classes.
                    (C) It has at least one school whose teacher 
                attrition rate has been 15 percent or more over the last 
                three school years.
            (9) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given such term in section 
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
            (10) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term by section 9101(26) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(26)).
            (11) Master teacher.--The term ``master teacher'' means a 
        mathematics or science teacher who works to improve the

[[Page 116 STAT. 3037]]

        instruction of mathematics or science in kindergarten through 
        grade 12 through--
                    (A) participating in the development or revision of 
                science, mathematics, engineering, or technology 
                curricula;
                    (B) serving as a mentor to mathematics or science 
                teachers;
                    (C) coordinating and assisting teachers in the use 
                of hands-on inquiry materials, equipment, and supplies, 
                and when appropriate, supervising acquisition and repair 
                of such materials;
                    (D) providing in-classroom teaching assistance to 
                mathematics or science teachers; and
                    (E) providing professional development, including 
                for the purposes of training other master teachers, to 
                mathematics and science teachers.
            (12) 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.
            (13) Secondary school.--The term ``secondary school'' has 
        the meaning given that term by section 9101(38) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(38)).
            (14) State.--Except with respect to the Experimental Program 
        to Stimulate Competitive Research, the term ``State'' means one 
        of 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, or any 
        other territory or possession of the United States.
            (15) State educational agency.--The term ``State educational 
        agency'' has the meaning given such term by section 9101(41) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(41)).
            (16) 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. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2003.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $5,536,390,000 for fiscal year 2003.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $4,155,690,000 shall be made available to carry 
                out research and related activities, of which 
                $704,000,000 shall be for information technology 
                research described in paragraph (1) of section 8 and 
                $301,000,000 shall be for nanoscale science and 
                engineering described in paragraph (2) of section 8;
                    (B) $1,006,250,000 shall be made available for 
                education and human resources, of which--
                          (i) $200,000,000 shall be for mathematics and 
                      science education partnerships described in 
                      section 9;

[[Page 116 STAT. 3038]]

                          (ii) $20,000,000 shall be for the Robert Noyce 
                      Scholarship Program described in section 10; and
                          (iii) $25,000,000 shall be for the science, 
                      mathematics, engineering, and technology talent 
                      expansion program described in paragraph (7) of 
                      section 8;
                    (C) $172,050,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $191,200,000 shall be made available for 
                salaries and expenses;
                    (E) $3,500,000 shall be made available for the 
                Office of the National Science Board, including salaries 
                and compensation for members of the Board and staff 
                appointed under section 4 of the National Science 
                Foundation Act of 1950 (42 U.S.C. 1863), travel and 
                training costs for members of the Board and such staff, 
                general and Board operating expenses, representational 
                expenses for the Board, honorary awards made by the 
                Board, Board reports (other than the report entitled 
                ``Science and Engineering Indicators''), and contracts; 
                and
                    (F) $7,700,000 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 Foundation $6,390,832,000 for fiscal year 2004.
            (2) Specific allocations.--Of the amount authorized under 
        paragraph (1)--
                    (A) $4,799,822,000 shall be made available to carry 
                out research and related activities, of which 
                $774,000,000 shall be for information technology 
                research described in paragraph (1) of section 8 and 
                $350,000,000 shall be for nanoscale science and 
                engineering described in paragraph (2) of section 8;
                    (B) $1,157,188,000 shall be made available for 
                education and human resources, of which--
                          (i) $300,000,000 shall be for mathematics and 
                      science education partnerships described in 
                      section 9;
                          (ii) $20,000,000 shall be for the Robert Noyce 
                      Scholarship Program described in section 10; and
                          (iii) $30,000,000 shall be for the science, 
                      mathematics, engineering, and technology talent 
                      expansion program described in paragraph (7) of 
                      section 8;
                    (C) $211,182,000 shall be made available for major 
                research equipment and facilities construction;

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