[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 34 Introduced in House (IH)]







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 supply of 
        scientists for the 21st century, 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 ``Energy and Science Research 
Investment Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Office of Science is the largest Federal sponsor of 
        civilian research in the physical sciences and plays a major 
        role in supporting interdisciplinary research that contributes 
        to other scientific fields, including the life sciences, 
        mathematics, computer science, engineering, and the 
        environmental sciences.
            (2) The Department of Energy's laboratories have scientific 
        capabilities that are unmatched in typical academic or 
        industrial institutions. Their scientific teams can develop 
        integrated approaches to grand scientific challenges that are 
        often beyond the reach of individual experimenters. The Human 
        Genome Project exemplifies this capability.
            (3) The facilities at the Department of Energy's 
        laboratories are invaluable to scientists across disciplines, 
        including those from academia, industry, and government.
            (4) For more than half a century, science research has had 
        an extraordinary impact on the economy, national security, 
        medicine, energy, life sciences, and the environment. In the 
        economic arena, studies show that about half of all United 
        States post-World War II economic growth is a direct result of 
        technological innovation stemming from scientific research.
            (5) The Department of Energy's Office of Science programs, 
        in constant dollars, have been flat funded for more than a 
        decade, placing our scientific leadership in jeopardy and 
        limiting the generation of ideas that will enhance our security 
        and drive future economic growth.
            (6) Because the cost of doing research increases at a 
        faster rate than the Consumer Price Index, flat funding for the 
        Office of Science has led to a decline in the number of grants 
        awarded, students trained, and scientists supported. Flat and 
        erratic funding has also led to an underutilization of the 
        facilities that the United States has invested hundreds of 
        millions of dollars to construct.
            (7) Higher funding levels for the Office of Science will 
        provide more opportunities for young Americans to enter the 
        fields of mathematics, engineering, and the physical sciences, 
        helping to alleviate an increasing over-reliance on foreign 
        talent in these fields.

                TITLE I--OFFICE OF SCIENCE AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Program Direction.--The Secretary of Energy, acting through the 
Office of Science, shall--
            (1) conduct a comprehensive program of fundamental 
        research, including research on chemical sciences, physics, 
        materials sciences, biological and environmental sciences, 
        geosciences, engineering sciences, plasma sciences, 
        mathematics, and advanced scientific computing;
            (2) maintain, upgrade, and expand the scientific 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 programs, where 
        appropriate, help inform the applied research and development 
        programs of the Department.
    (b) Fiscal Year 2004.--
            (1) In general.--There are authorized to be appropriated to 
        the Office of Science $3,624,454,000 for fiscal year 2004.
            (2) Specific allocations.--The amount authorized under 
        paragraph (1) shall be allocated as follows:
                    (A) General research activities (including 
                university programs, facilities operations, national 
                laboratory programs, accelerator research and 
                development, workforce development, construction 
                carryovers from years prior to fiscal year 2004, and 
                program administration): $3,494,454,000.
                    (B) Initiatives consistent with interagency 
                guidance (among them nanoscience centers, advanced 
                complex-simulation computing, and Genomes-to-Life 
                centers): $80,000,000.
                    (C) New construction: $50,000,000.
    (c) Fiscal Year 2005.--
            (1) In general.--There are authorized to be appropriated to 
        the Office of Science $4,015,000,000 for fiscal year 2005.
            (2) Specific allocations.--The amount authorized under 
        paragraph (1) shall be allocated as follows:
                    (A) General research activities (including 
                university programs, facilities operations, national 
                laboratory programs, accelerator research and 
                development, workforce development, construction 
                carryovers from years prior to fiscal year 2004, and 
                program administration): $3,820,000,000.
                    (B) Initiatives consistent with interagency 
                guidance (among them nanoscience centers, advanced 
                complex-simulation computing, and Genomes-to-Life 
                centers): $130,000,000.
                    (C) New construction: $65,000,000.
    (d) Fiscal Year 2006.--
            (1) In general.--There are authorized to be appropriated to 
        the Office of Science $4,618,000,000 for fiscal year 2006.
            (2) Specific allocations.--The amount authorized under 
        paragraph (1) shall be allocated as follows:
                    (A) General research activities (including 
                university programs, facilities operations, national 
                laboratory programs, accelerator research and 
                development, workforce development, construction 
                carryovers from years prior to fiscal year 2004, and 
                program administration): $4,243,000,000.
                    (B) Initiatives consistent with interagency 
                guidance (among them nanoscience centers, advanced 
                complex-simulation computing, and Genomes-to-Life 
                centers): $205,000,000.
                    (C) New construction: $170,000,000.
    (e) Fiscal Year 2007.--
            (1) In general.--There are authorized to be appropriated to 
        the Office of Science $5,310,000,000 for fiscal year 2007.
            (2) Specific allocations.--The amount authorized under 
        paragraph (1) shall be allocated as follows:
                    (A) General research activities (including 
                university programs, facilities operations, national 
                laboratory programs, accelerator research and 
                development, workforce development, construction 
                carryovers from years prior to fiscal year 2004, and 
                program administration): $4,815,000,000.
                    (B) Initiatives consistent with interagency 
                guidance (among them nanoscience centers, advanced 
                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 Secretary 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 allocation 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, mathematics, and 
        engineering, including emerging multidisciplinary 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 Research 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 compensated at the rate provided for at level III of the 
Executive 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 Department of Energy.
    ``(3) The Under Secretary for Energy Research and Science shall--
            ``(A) serve as the Science and Technology Advisor to the 
        Secretary;
            ``(B) monitor the Department's research and development 
        programs in order to advise the Secretary 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 laboratories under the 
        jurisdiction of the Department;
            ``(D) advise the Secretary with respect to education and 
        training activities required for effective short- and long-term 
        basic and applied research activities 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 research 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 elements of the Department assigned by the 
        Secretary.''.
    (b) Reconfiguration of Position of Director of the Office of 
Science.--Section 209 of the Department 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 Secretary 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 Assistant 
Secretary of Science to carry out the fundamental science and 
engineering research functions of the Department, including the 
responsibility for policy and management of such research, as well as 
other functions vested in the Secretary which he may assign to the 
Assistant Secretary.''.
    (c) Additional Assistant Secretary Position To Enable Improved 
Management of Nuclear Energy 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 Assistant Secretaries'' 
and inserting ``Except as provided in section 209, there shall be in 
the Department seven Assistant Secretaries''.
    (2) It is the sense of the House of Representatives that the 
leadership for departmental missions in nuclear energy should be at the 
Assistant Secretary level.
    (d) Technical and Conforming Amendments.--(1) Section 202 of the 
Department of Energy Organization Act (42 U.S.C. 7132) is further 
amended by adding the following at the end:
    ``(d) There shall be in the Department an Under Secretary, who 
shall be appointed by the President, by and with the advice and consent 
of the Senate, and who shall perform such functions and duties as the 
Secretary shall prescribe, consistent with this section. The Under 
Secretary shall be compensated at the rate provided for level III of 
the Executive Schedule under section 5314 of title 5, United States 
Code.
    ``(e) There shall be in the Department a General Counsel, who shall 
be appointed by the President, by and with the advice and consent of 
the Senate. The General Counsel shall be compensated at the rate 
provided for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.''.
    (2) Section 5314 of title 5, United States Code, is amended by 
striking ``Under Secretaries of Energy (2)'' and inserting ``Under 
Secretaries of Energy (3)''.
    (3) Section 5315 of title 5, United States Code, is amended by--
            (A) striking ``Director, Office of Science, Department of 
        Energy.''; and
            (B) striking ``Assistant Secretaries of Energy (6)'' and 
        inserting ``Assistant Secretaries of Energy (8)''.
    (4) The table of contents for the Department of Energy Organization 
Act (42 U.S.C. 7101 note) is amended--
            (A) by striking ``Section 209'' and inserting ``Sec. 209'';
            (B) by striking ``213.'' and inserting ``Sec. 213.'';
            (C) by striking ``214.'' and inserting ``Sec. 214.'';
            (D) by striking ``215.'' and inserting ``Sec. 215.''; and
            (E) by striking ``216.'' and inserting ``Sec. 216.''.

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

    (a) Establishment.--There shall be in the Office of Science a 
Science Advisory Board, comprising the chairs of the advisory panels 
for each of the programs.
    (b) Responsibilities.--The Science Advisory Board shall--
            (1) serve as the science advisor to the Assistant Secretary 
        of Science;
            (2) advise the Assistant Secretary with respect to the 
        well-being and management of the multipurpose laboratories;
            (3) advise the Assistant Secretary with respect to 
        education and workforce-training activities required for 
        effective short- and long-term basic and applied research 
        activities of the Office of Science; and
            (4) advise the Assistant Secretary with respect to the 
        well-being of the university research programs supported by the 
        Office of Science.
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