I
107TH CONGRESS
2D SESSION
H. R. 5270
To authorize appropriations for fiscal years 2003, 2004, 2005, and 2006
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
JULY 26, 2002
Mrs. BIGGERT (for herself, Mr. EHLERS, Mrs. TAUSCHER, Ms. WOOLSEY, Mr.
GRUCCI, Mr. HOLT, Mr. HONDA, Mr. WAMP, Mr. JOHNSON of Illinois,
Mr. ANDREWS, Mr. CALVERT, Mr. HOUGHTON, Mr. HASTINGS of Wash-
ington, Mr. RUSH, Mr. CAPUANO, and Mr. BOSWELL) introduced the fol-
lowing bill; which was referred to the Committee on Science
A BILL
To authorize appropriations for fiscal years 2003, 2004,
2005, and 2006 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 bal-
ance 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Energy and Science
Research Investment Act of 2002’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Energy Office of
Science is the Nation’s primary supporter of the
physical sciences, providing an important partner
and key user facilities in the areas of biological or
life sciences, physics, chemistry, environmental
sciences, mathematics, computer science, and engi-
neering. More specifically, the Office of Science is
the steward, and principal funding agency, of the
Nation’s research programs in high-energy physics,
nuclear physics, and fusion energy sciences, and is
the Federal Government’s single largest funder of
materials and chemical sciences. It also manages
programs of fundamental research in basic energy
sciences, biological and environmental sciences, and
computational science, all of which support the De-
partment’s other mission in environmental restora-
tion, defense, and energy security. The Office of
Science also supports unique or critical pieces of
United States research in climate change, geo-
physics, genomics, and the life sciences.
(2) The Department of Energy Office of
Science supports a unique system of programs based
on large-scale, specialized user facilities and large,
interdisciplinary teams of scientists focused on na-
tional priorities in scientific research. This Federal
research and development funding goes to scientists
and students not just at our national labs, but at
our colleges and universities as well. The Office of
Science allocates almost 20 percent of its budget to
university-based research, with 49 States receiving
funding. This makes the Office of Science unique
among, and complementary to, the scientific pro-
grams of many other Federal science agencies, in-
cluding the National Institutes of Health and the
National Science Foundation.
(3) While investments in these agencies have in-
creased, for the most part these increases have not
gone to support physical science and engineering, ac-
cording to the National Research Council. In con-
stant dollars, the Federal investment in the physical
and engineering sciences has stagnated for the last
30 years; the budget for the Department of Energy
Office of Science is still only at its 1990 level. Dur-
ing that same 30-year period, the Federal invest-
ment in medical and life sciences has more than tri-
pled, according to the National Science Foundation
and American Association for the Advancement of
Science. The growing imbalance between biomedical
fields and physical sciences and engineering research
in the United States investment portfolio will ham-
per the vital connections and reliance among fields
of science.
(4) According to a report entitled ‘‘Road Map
for National Security Imperative for Change’’, by
the United States Commission on National Security
in the 21st Century, ‘‘. . .
the U.S. government
has seriously underfunded basic scientific research in
recent years. The quality of the U.S. education sys-
tem, too, has fallen well behind those of scores of
other nations. 
. . . The inadequacies of our sys-
tems of research and education pose a greater threat
to U.S. national security over the next quarter cen-
tury than any potential conventional war that we
might imagine.’’ The national laboratories and re-
search universities have a demonstrated ability to
form interdisciplinary teams capable of addressing
national crises, such as the current threat of biologi-
cal, chemical, and nuclear terrorism.
(5) Department of Energy research in the phys-
ical sciences and engineering has produced the
knowledge that enabled major medical break-
throughs and technological advances such as diag-
nostic x-rays, Ultrasounds, PET Scans, and MRI’s.
Basic research initiated by the Department of En-
ergy Office of Science in 1986 culminated in the
publication of a complete draft of the Human Ge-
nome sequence in February 2001. This break-
through holds the promise of deepening the under-
standing of fundamental life processes and then,
treatment and cures of disease. Future medical ad-
vances and technological breakthroughs will continue
to rely heavily upon the critical disciplines of science
and engineering supported by the Department of
Energy.
(6) Many of the energy and environmental tech-
nologies that we take for granted today have come
from Department of Energy science programs. Basic
energy research funded by the Department of En-
ergy Office of Science will help address current and
future energy challenges with technologies that im-
prove the efficiency, economy, environmental accept-
ability, and safety in energy generation, conversion,
transmission, and use. For example, basic energy re-
search at the Department of Energy is largely re-
sponsible for continued reductions in carbon dioxide
cilities, including the synchrotron light sources, neu-
tron sources and high-energy and heavy-ion accelera-
tors, are used annually by more than 17,000 re-
searchers from universities, other government agen-
cies, and private industry from across the country
and around the world. Users of the facilities include
academic scientists sponsored by many Federal
agencies, among them the Department of Defense,
the National Aeronautics and Space Administration,
the National Institutes of Health, the National Insti-
tute of Standards and Technology, and the National
Science Foundation, as well as the Department of
Energy, itself.
(9) Despite long queues of experiments, many
of the Department’s facilities often operate at less
than full capacity because of operating budget stric-
tures. Furthermore, reductions in facilities research
and development budgets are now jeopardizing the
development of the next generation of accelerators,
upon which many areas of science depend.
(10) The Council on Competitiveness projects
that the number of jobs requiring technical skills will
grow by more than 50 percent over a 10-year period
ending in 2008, and the Department of Energy esti-
mates that almost 50 percent of its science and tech-
nology managers will be eligible for retirement in the
next 5 years. By contrast, and reflecting constrained
research budgets, university enrollment in the phys-
ical sciences has shrunk by more than 10 percent
during the last decade, and graduate programs have
come to rely heavily on foreign students, with non-
United States citizens now accounting for more than
50 percent of Ph.D. recipients in most fields. How-
ever, during the period 1996 to 1999, according to
the National Science Board, foreign enrollment in
the physical sciences has fallen by 15 percent.
(11) The Department of Energy Office of
Science plays a critical role in supplying the sci-
entific workforce of the future. Each year, it sup-
ports more than 11,000 students and post-doctoral
investigators who eventually enter industry, aca-
demia, or government laboratories. The national lab-
oratories also provide internships for undergraduates
in universities and community colleges, who rep-
resent the base of the next generation of the Na-
tion’s scientific workforce.
(12) Current appropriation levels allow the Of-
fice of Science to fund only 10 percent of the unso-
licited peer-reviewed proposals it receives annually.
By contrast, the National Science Foundation is able
to fund 33 percent of the proposals it receives from
a similar applicant pool.
(13) Increased allocations would enable the Of-
fice of Science to take advantage of scientific oppor-
tunities in key spheres central to the mission of the
Department of Energy. These include Homeland Se-
curity, particularly in the area of sensing and track-
ing of biological, chemical and radiological weapons;
advanced energy technologies, among them fusion
and hydrogen; climate science, especially investiga-
tions requiring complex computer simulations; the
search for dark energy; multidisciplinary bio-
technology, highlighted by the Genomes to Life pro-
gram; the expansion of nanoscale research, especially
where advances rely on Department’s strength of
interdisciplinary programming; upgrades of existing
synchrotron light sources, particularly for structural
biology and materials research; accelerator research
and development, especially for the development of
the next generation of x-ray light sources and the
Linear Collider project; and environmental science,
particularly the application of bioremediation to
toxic sites. Added budget capability would also allow
the Department to expand its graduate fellowship
program and its laboratory internship program that
are vital to developing the technical workforce of the
21st century.
(14) Budgetary constraints have restricted the
development and construction of new scientific facili-
ties, one of the central missions of the Office of
Science. The list of proposed construction projects
that have already undergone significant scientific
study has grown considerably. It includes the Linear
Coherent Light Source (LCLS), the Rare Isotope
Accelerator (RIA), the National Compact Stellerator
Experiment (NCSX), the upgrade of the Continuous
Electron Beam Accelerator Facility (CEBAF), the
high-energy physics Linear Collider Project, the
Super Nova/Acceleration Probe (SNAP), and the
International Thermonuclear Experimental Reactor
(ITER). Deferred maintenance has also created a
backlog of infrastructure construction projects at
many of the Department’s laboratories.
TITLE I—OFFICE OF SCIENCE
AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) PROGRAM DIRECTION.—The Secretary of En-
ergy, acting through the Office of Science, shall—
(1) conduct a comprehensive program of funda-
mental research, including research on chemical
sciences, physics, materials sciences, biological and
environmental sciences, geosciences, engineering
sciences, plasma sciences, mathematics, and ad-
vanced scientific computing;
(2) maintain, upgrade, and expand the sci-
entific user facilities maintained by the Office of
Science and ensure that they are an integral part of
the departmental mission for exploring the frontiers
of fundamental science;
(3) maintain a leading-edge research capability
in the energy-related aspects of nanoscience and
nanotechnology, advanced scientific computing and
genome research; and
(4) ensure that its fundamental science pro-
grams, where appropriate, help inform the applied
research and development programs of the Depart-
ment.
(b) FISCAL YEAR 2003.—
(1) IN GENERAL.—There are authorized to be
appropriated 
to 
the 
Office 
of 
Science
$3,492,000,000 for fiscal year 2003.
(2) SPECIFIC ALLOCATIONS.—The amount au-
thorized under paragraph (1) shall be allocated as
follows:
(A) General research activities (including
university programs, facilities operations, na-
tional laboratory programs, accelerator research
and development, workforce development, con-
struction carryovers from years prior to fiscal
year 
2003, 
and 
program 
administration):
$3,402,000,000.
(B) Initiatives consistent with interagency
guidance (among them nanoscience centers, ad-
vanced 
complex-simulation 
computing, 
and
Genomes-to-Life centers): $40,000,000.
(C) New construction: $50,000,000.
(b) FISCAL YEAR 2004.—
(1) IN GENERAL.—There are authorized to be
appropriated 
to 
the 
Office 
of 
Science
$4,015,000,000 for fiscal year 2004.
(2) SPECIFIC ALLOCATIONS.—The amount au-
thorized under paragraph (1) shall be allocated as
follows:
(A) General research activities (including
university programs, facilities operations, na-
tional laboratory programs, accelerator research
and development, workforce development, con-
struction carryovers from years prior to fiscal
(C) New construction: $170,000,000.
(d) FISCAL YEAR 2006.—
(1) IN GENERAL.—There are authorized to be
appropriated 
to 
the 
Office 
of 
Science
$5,310,000,000 for fiscal year 2006.
(2) SPECIFIC ALLOCATIONS.—The amount au-
thorized under paragraph (1) shall be allocated as
follows:
(A) General research activities (including
university programs, facilities operations, na-
tional laboratory programs, accelerator research
and development, workforce development, con-
struction carryovers from years prior to fiscal
year 
2003, 
and 
program 
administration):
$4,815,000,000.
(B) Initiatives consistent with interagency
guidance (among them nanoscience centers, ad-
vanced 
complex-simulation 
computing, 
and
Genomes-to-Life centers): $215,000,000.
(C) New construction: $280,000,000.
SEC. 102. REPORTING.
Not later than 60 days after the date of enactment
of legislation providing for the annual appropriation of
funds for the Office of Science, the Director of the Office
of Science, henceforth referred to as the Assistant Sec-
retary of Science, in accordance with section 201(b) of this
Act, shall submit to the Committee on Science of the
House of Representatives and the Committee on Energy
and Natural Resources of the Senate a plan for the alloca-
tion of funds authorized by this Act for the corresponding
fiscal year. The plan shall include a description of how
the allocation of funding will—
(1) affect trends in research support for major
fields and subfields of the physical sciences, mathe-
matics, and engineering, including emerging multi-
disciplinary areas;
(2) affect the utilization of the Department’s
facilities;
(3) address the workforce needs by field of
science, mathematics, and engineering; and
(4) ensure that research in the physical
sciences, mathematics, and engineering is adequate
to address important research opportunities in these
fields.
TITLE II—SCIENCE
MANAGEMENT
SEC. 201. IMPROVED COORDINATION AND MANAGEMENT
OF CIVILIAN SCIENCE AND TECHNOLOGY
PROGRAMS.
(a) EFFECTIVE TOP-LEVEL COORDINATION OF RE-
SEARCH AND DEVELOPMENT PROGRAMS.—Section 202(b)
of the Department of Energy Organization Act (42 U.S.C.
7132(b)) is amended to read as follows:
‘‘(b)(1) There shall be in the Department an Under
Secretary for Energy Research and Science, who shall be
appointed by the President, by and with the advice and
consent of the Senate. The Under Secretary shall be com-
pensated at the rate provided for at level III of the Execu-
tive Schedule under section 5314 of title 5, United States
Code.
‘‘(2) The Under Secretary for Energy Research and
Science shall be appointed from among persons who—
‘‘(A) have extensive background in scientific or
engineering fields; and
‘‘(B) are well qualified to manage the civilian
research and development programs of the Depart-
ment of Energy.
‘‘(3) The Under Secretary for Energy Research and
Science shall—
‘‘(A) serve as the Science and Technology Advi-
sor to the Secretary;
‘‘(B) monitor the Department’s research and
development programs in order to advise the Sec-
retary with respect to any undesirable duplication or
gaps in such programs;
‘‘(C) advise the Secretary with respect to the
well-being and management of the science labora-
tories under the jurisdiction of the Department;
‘‘(D) advise the Secretary with respect to edu-
cation and training activities required for effective
short- and long-term basic and applied research ac-
tivities of the Department;
‘‘(E) advise the Secretary with respect to grants
and other forms of financial assistance required for
effective short- and long-term basic and applied re-
search activities of the Department; and
‘‘(F) exercise authority and responsibility over
Assistant Secretaries carrying out energy research
and development and energy technology functions
under sections 203 and 209, as well as other ele-
ments of the Department assigned by the Sec-
retary.’’.
(b) RECONFIGURATION OF POSITION OF DIRECTOR
OF THE OFFICE OF SCIENCE.—Section 209 of the Depart-
ment of Energy Organization Act (41 U.S.C. 7139) is
amended to read as follows:
‘‘OFFICE OF SCIENCE
‘‘SEC. 209. (a) There shall be within the Department
an Office of Science, to be headed by an Assistant Sec-
retary of Science, who shall be appointed by the President,
by and with the advice and consent of the Senate, and
who shall be compensated at the rate provided for level
IV of the Executive Schedule under section 5315 of title
5, United States Code.
‘‘(b) The Assistant Secretary of Science shall be in
addition to the Assistant Secretaries provided for under
section 203 of this Act.
‘‘(c) It shall be the duty and responsibility of the As-
sistant Secretary of Science to carry out the fundamental
science and engineering research functions of the Depart-
ment, including the responsibility for policy and manage-
ment of such research, as well as other functions vested
in the Secretary which he may assign to the Assistant Sec-
retary.’’.
(c) ADDITIONAL ASSISTANT SECRETARY POSITION
TO ENABLE IMPROVED MANAGEMENT OF NUCLEAR EN-
ERGY ISSUES.—(1) Section 203(a) of the Department of
Energy Organization Act (42 U.S.C. 7133(a)) is amended
by striking ‘‘There shall be in the Department six Assist-
ant Secretaries’’ and inserting ‘‘Except as provided in sec-