I 

108TH CONGRESS 

1ST SESSION H. R. 34

To authorize appropriations for fiscal years 2004, 2005, 2006, and 2007 

for the Department of Energy Office of Science, to ensure that the 

United States is the world leader in key scientific fields by restoring 

a healthy balance of science funding, to ensure maximum utilization 

of the national user facilities, and to secure the Nation’s supply of 

scientists for the 21st century, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mrs. BIGGERT (for herself, Mr. EHLERS, Mrs. TAUSCHER, Mr. ANDREWS, Mr. 

BOSWELL, Mr. JOHNSON of Illinois, Mr. HOLT, Mr. TOM DAVIS of Virginia, Mr. HONDA, Mr. ISRAEL, Mr. MORAN of Virginia, Mr. SHIMKUS, 

Mr. WAMP, Mr. HOUGHTON, Mr. HASTINGS of Washington, Ms. EDDIE

BERNICE JOHNSON of Texas, Mr. NADLER, Mr. LEACH, Mr. BOYD, Mr. 

HINCHEY, Mr. BAIRD, Mr. ETHERIDGE, Mr. UDALL of New Mexico, Mr. 

FILNER, Ms. ROYBAL-ALLARD, Mrs. MCCARTHY of New York, Mr. 

CAPUANO, Ms. SLAUGHTER, Mr. MCDERMOTT, Mr. CALVERT, Mr. 

SCHIFF, Mr. DEUTSCH, Mr. WELLER, Mr. ABERCROMBIE, Mr. KENNEDY

of Rhode Island, Mr. SIMPSON, Mr. HINOJOSA, Mr. RUSH, Mrs. DAVIS

of California, and Mr. STUPAK) introduced the following bill; which was 

referred to the Committee on Science 

A BILL

To authorize appropriations for fiscal years 2004, 2005, 

2006, and 2007 for the Department of Energy Office 

of Science, to ensure that the United States is the world 

leader in key scientific fields by restoring a healthy balance of science funding, to ensure maximum utilization 

of the national user facilities, and to secure the Nation’s 
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supply of scientists for the 21st century, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy and Science 

5 Research Investment Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) The Office of Science is the largest Federal 

9 sponsor of civilian research in the physical sciences 

10 and plays a major role in supporting interdiscipli11 nary research that contributes to other scientific 

12 fields, including the life sciences, mathematics, com13 puter science, engineering, and the environmental 

14 sciences. 

15 (2) The Department of Energy’s laboratories 

16 have scientific capabilities that are unmatched in 

17 typical academic or industrial institutions. Their sci18 entific teams can develop integrated approaches to 

19 grand scientific challenges that are often beyond the 

20 reach of individual experimenters. The Human Ge21 nome Project exemplifies this capability. 

22 (3) The facilities at the Department of Ener23 gy’s laboratories are invaluable to scientists across 
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1 disciplines, including those from academia, industry, 

2 and government. 

3 (4) For more than half a century, science re4 search has had an extraordinary impact on the econ5 omy, national security, medicine, energy, life 

6 sciences, and the environment. In the economic 

7 arena, studies show that about half of all United 

8 States post-World War II economic growth is a di9 rect result of technological innovation stemming 

10 from scientific research. 

11 (5) The Department of Energy’s Office of 

12 Science programs, in constant dollars, have been flat 

13 funded for more than a decade, placing our scientific 

14 leadership in jeopardy and limiting the generation of 

15 ideas that will enhance our security and drive future 

16 economic growth. 

17 (6) Because the cost of doing research increases 

18 at a faster rate than the Consumer Price Index, flat 

19 funding for the Office of Science has led to a decline 

20 in the number of grants awarded, students trained, 

21 and scientists supported. Flat and erratic funding 

22 has also led to an underutilization of the facilities 

23 that the United States has invested hundreds of mil24 lions of dollars to construct. 
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1 (7) Higher funding levels for the Office of 

2 Science will provide more opportunities for young 

3 Americans to enter the fields of mathematics, engi4 neering, and the physical sciences, helping to allevi5 ate an increasing over-reliance on foreign talent in 

6 these fields. 

7 TITLE I—OFFICE OF SCIENCE 

8 AUTHORIZATION 

9 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) PROGRAM DIRECTION.—The Secretary of En11 ergy, acting through the Office of Science, shall—

12 (1) conduct a comprehensive program of funda13 mental research, including research on chemical 

14 sciences, physics, materials sciences, biological and 

15 environmental sciences, geosciences, engineering 

16 sciences, plasma sciences, mathematics, and ad17 vanced scientific computing; 

18 (2) maintain, upgrade, and expand the sci19 entific user facilities maintained by the Office of 

20 Science and ensure that they are an integral part of 

21 the departmental mission for exploring the frontiers 

22 of fundamental science; 

23 (3) maintain a leading-edge research capability 

24 in the energy-related aspects of nanoscience and 
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1 nanotechnology, advanced scientific computing and 

2 genome research; and 

3 (4) ensure that its fundamental science pro4 grams, where appropriate, help inform the applied 

5 research and development programs of the Depart6 ment. 

7 (b) FISCAL YEAR 2004.—

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated to the Office of Science 

10 $3,624,454,000 for fiscal year 2004. 

11 (2) SPECIFIC ALLOCATIONS.—The amount au12 thorized under paragraph (1) shall be allocated as 

13 follows: 

14 (A) General research activities (including 

15 university programs, facilities operations, na16 tional laboratory programs, accelerator research 

17 and development, workforce development, con18 struction carryovers from years prior to fiscal 

19 year 2004, and program administration): 

20 $3,494,454,000. 

21 (B) Initiatives consistent with interagency 

22 guidance (among them nanoscience centers, ad23 vanced complex-simulation computing, and 

24 Genomes-to-Life centers): $80,000,000. 

25 (C) New construction: $50,000,000. 
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1 (c) FISCAL YEAR 2005.—

2 (1) IN GENERAL.—There are authorized to be 

3 appropriated to the Office of Science 

4 $4,015,000,000 for fiscal year 2005. 

5 (2) SPECIFIC ALLOCATIONS.—The amount au6 thorized under paragraph (1) shall be allocated as 

7 follows:

8 (A) General research activities (including 

9 university programs, facilities operations, na10 tional laboratory programs, accelerator research 

11 and development, workforce development, con12 struction carryovers from years prior to fiscal 

13 year 2004, and program administration): 

14 $3,820,000,000. 

15 (B) Initiatives consistent with interagency 

16 guidance (among them nanoscience centers, ad17 vanced complex-simulation computing, and 

18 Genomes-to-Life centers): $130,000,000. 

19 (C) New construction: $65,000,000. 

20 (d) FISCAL YEAR 2006.—

21 (1) IN GENERAL.—There are authorized to be 

22 appropriated to the Office of Science 

23 $4,618,000,000 for fiscal year 2006. 
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1 (2) SPECIFIC ALLOCATIONS.—The amount au2 thorized under paragraph (1) shall be allocated as 

3 follows: 

4 (A) General research activities (including 

5 university programs, facilities operations, na6 tional laboratory programs, accelerator research 

7 and development, workforce development, con8 struction carryovers from years prior to fiscal 

9 year 2004, and program administration): 

10 $4,243,000,000. 

11 (B) Initiatives consistent with interagency 

12 guidance (among them nanoscience centers, ad13 vanced complex-simulation computing, and 

14 Genomes-to-Life centers): $205,000,000. 

15 (C) New construction: $170,000,000. 

16 (e) FISCAL YEAR 2007.—

17 (1) IN GENERAL.—There are authorized to be 

18 appropriated to the Office of Science 

19 $5,310,000,000 for fiscal year 2007. 

20 (2) SPECIFIC ALLOCATIONS.—The amount au21 thorized under paragraph (1) shall be allocated as 

22 follows: 

23 (A) General research activities (including 

24 university programs, facilities operations, na25 tional laboratory programs, accelerator research 
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1 and development, workforce development, con2 struction carryovers from years prior to fiscal 

3 year 2004, and program administration): 

4 $4,815,000,000. 

5 (B) Initiatives consistent with interagency 

6 guidance (among them nanoscience centers, ad7 vanced complex-simulation computing, and 

8 Genomes-to-Life centers): $215,000,000. 

9 (C) New construction: $280,000,000. 

10 SEC. 102. REPORTING. 

11 Not later than 60 days after the date of enactment 

12 of legislation providing for the annual appropriation of 

13 funds for the Office of Science, the Director of the Office 

14 of Science, henceforth referred to as the Assistant Sec15 retary of Science, in accordance with section 201(b) of this 

16 Act, shall submit to the Committee on Science of the 

17 House of Representatives and the Committee on Energy 

18 and Natural Resources of the Senate a plan for the alloca19 tion of funds authorized by this Act for the corresponding 

20 fiscal year. The plan shall include a description of how 

21 the allocation of funding will—

22 (1) affect trends in research support for major 

23 fields and subfields of the physical sciences, mathe24 matics, and engineering, including emerging multi25 disciplinary areas; 
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1 (2) affect the utilization of the Department’s 

2 facilities; 

3 (3) address the workforce needs by field of 

4 science, mathematics, and engineering; and 

5 (4) ensure that research in the physical 

6 sciences, mathematics, and engineering is adequate 

7 to address important research opportunities in these 

8 fields.

9 TITLE II—SCIENCE 

10 MANAGEMENT 

11 SEC. 201. IMPROVED COORDINATION AND MANAGEMENT 

12 OF CIVILIAN SCIENCE AND TECHNOLOGY 

13 PROGRAMS. 

14 (a) EFFECTIVE TOP-LEVEL COORDINATION OF RE15 SEARCH AND DEVELOPMENT PROGRAMS.—Section 202(b) 

16 of the Department of Energy Organization Act (42 U.S.C. 

17 7132(b)) is amended to read as follows: 

18 ‘‘(b)(1) There shall be in the Department an Under 

19 Secretary for Energy Research and Science, who shall be 

20 appointed by the President, by and with the advice and 

21 consent of the Senate. The Under Secretary shall be com22 pensated at the rate provided for at level III of the Execu23 tive Schedule under section 5314 of title 5, United States 

24 Code. 
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1 ‘‘(2) The Under Secretary for Energy Research and 

2 Science shall be appointed from among persons who—

3 ‘‘(A) have extensive background in scientific or 

4 engineering fields; and 

5 ‘‘(B) are well qualified to manage the civilian 

6 research and development programs of the Depart7 ment of Energy. 

8 ‘‘(3) The Under Secretary for Energy Research and 

9 Science shall—

10 ‘‘(A) serve as the Science and Technology Advi11 sor to the Secretary; 

12 ‘‘(B) monitor the Department’s research and 

13 development programs in order to advise the Sec14 retary with respect to any undesirable duplication or 

15 gaps in such programs; 

16 ‘‘(C) advise the Secretary with respect to the 

17 well-being and management of the science labora18 tories under the jurisdiction of the Department; 

19 ‘‘(D) advise the Secretary with respect to edu20 cation and training activities required for effective 

21 short- and long-term basic and applied research ac22 tivities of the Department; 

23 ‘‘(E) advise the Secretary with respect to grants 

24 and other forms of financial assistance required for 
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1 effective short- and long-term basic and applied re2 search activities of the Department; and 

3 ‘‘(F) exercise authority and responsibility over 

4 Assistant Secretaries carrying out energy research 

5 and development and energy technology functions 

6 under sections 203 and 209, as well as other ele7 ments of the Department assigned by the Sec8 retary.’’. 

9 (b) RECONFIGURATION OF POSITION OF DIRECTOR

10 OF THE OFFICE OF SCIENCE.—Section 209 of the Depart11 ment of Energy Organization Act (41 U.S.C. 7139) is 

12 amended to read as follows: 

13 ‘‘OFFICE OF SCIENCE

14 ‘‘SEC. 209. (a) There shall be within the Department 

15 an Office of Science, to be headed by an Assistant Sec16 retary of Science, who shall be appointed by the President, 

17 by and with the advice and consent of the Senate, and 

18 who shall be compensated at the rate provided for level 

19 IV of the Executive Schedule under section 5315 of title 

20 5, United States Code. 

21 ‘‘(b) The Assistant Secretary of Science shall be in 

22 addition to the Assistant Secretaries provided for under 

23 section 203 of this Act. 

24 ‘‘(c) It shall be the duty and responsibility of the As25 sistant Secretary of Science to carry out the fundamental 

26 science and engineering research functions of the Depart-
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1 ment, including the responsibility for policy and manage2 ment of such research, as well as other functions vested 

3 in the Secretary which he may assign to the Assistant Sec4 retary.’’. 

5 (c) ADDITIONAL ASSISTANT SECRETARY POSITION

6 TO ENABLE IMPROVED MANAGEMENT OF NUCLEAR EN7 ERGY ISSUES.—(1) Section 203(a) of the Department of 

8 Energy Organization Act (42 U.S.C. 7133(a)) is amended 

9 by striking ‘‘There shall be in the Department six Assist10 ant Secretaries’’ and inserting ‘‘Except as provided in sec11 tion 209, there shall be in the Department seven Assistant 

12 Secretaries’’. 

13 (2) It is the sense of the House of Representatives 

14 that the leadership for departmental missions in nuclear 

15 energy should be at the Assistant Secretary level. 

16 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

17 (1) Section 202 of the Department of Energy Organiza18 tion Act (42 U.S.C. 7132) is further amended by adding 

19 the following at the end: 

20 ‘‘(d) There shall be in the Department an Under Sec21 retary, who shall be appointed by the President, by and 

22 with the advice and consent of the Senate, and who shall 

23 perform such functions and duties as the Secretary shall 

24 prescribe, consistent with this section. The Under Sec25 retary shall be compensated at the rate provided for level 
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1 III of the Executive Schedule under section 5314 of title 

2 5, United States Code. 

3 ‘‘(e) There shall be in the Department a General 

4 Counsel, who shall be appointed by the President, by and 

5 with the advice and consent of the Senate. The General 

6 Counsel shall be compensated at the rate provided for level 

7 IV of the Executive Schedule under section 5315 of title 

8 5, United States Code.’’. 

9 (2) Section 5314 of title 5, United States Code, is 

10 amended by striking ‘‘Under Secretaries of Energy (2)’’ 

11 and inserting ‘‘Under Secretaries of Energy (3)’’. 

12 (3) Section 5315 of title 5, United States Code, is 

13 amended by—

14 (A) striking ‘‘Director, Office of Science, De15 partment of Energy.’’; and 

16 (B) striking ‘‘Assistant Secretaries of Energy 

17 (6)’’ and inserting ‘‘Assistant Secretaries of Energy 

18 (8)’’. 

19 (4) The table of contents for the Department of En20 ergy Organization Act (42 U.S.C. 7101 note) is amend21 ed—

22 (A) by striking ‘‘Section 209’’ and inserting 

23 ‘‘Sec. 209’’; 

24 (B) by striking ‘‘213.’’ and inserting ‘‘Sec. 

25 213.’’; 
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1 (C) by striking ‘‘214.’’ and inserting ‘‘Sec. 

2 214.’’; 

3 (D) by striking ‘‘215.’’ and inserting ‘‘Sec. 

4 215.’’; and 

5 (E) by striking ‘‘216.’’ and inserting ‘‘Sec. 

6 216.’’. 

7 SEC. 202. SCIENCE ADVISORY BOARD FOR THE OFFICE OF 

8 SCIENCE. 

9 (a) ESTABLISHMENT.—There shall be in the Office 

10 of Science a Science Advisory Board, comprising the 

11 chairs of the advisory panels for each of the programs. 

12 (b) RESPONSIBILITIES.—The Science Advisory 

13 Board shall—

14 (1) serve as the science advisor to the Assistant 

15 Secretary of Science; 

16 (2) advise the Assistant Secretary with respect 

17 to the well-being and management of the multipur18 pose laboratories; 

19 (3) advise the Assistant Secretary with respect 

20 to education and workforce-training activities re21 quired for effective short- and long-term basic and 

22 applied research activities of the Office of Science; 

23 and 
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1 (4) advise the Assistant Secretary with respect 

2 to the well-being of the university research programs 

3 supported by the Office of Science.

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