Department of Energy High Energy and Nuclear Physics Authorization Act of 1994

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy High Energy and 
Nuclear Physics Authorization Act of 1994''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``CERN'' means the European Organization for 
        Nuclear Research;
            (2) the term ``construction'' means all activities 
        necessary for completion of a project and its supporting 
        infrastructure, and includes conventional construction and the 
        research, development, design, fabrication, installation, 
        testing, and preoperation of technical sytems;
            (3) the term ``conventional construction'' means the design 
        and construction of civil works, facilities, and other 
        infrastructure necessary to construct a project, including 
        tunnels, buildings, and roads, necessary to house and support 
        the technical systems, and utilities as necessary for the 
        direct support of elements of a project;
            (4) the term ``Department'' means the Department of Energy;
            (5) the term ``Large Hadron Collider project'' means the 
        Large Hadron Collider project at CERN; and
            (6) the term ``Secretary'' means the Secretary of Energy.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) High Energy Physics.--There are authorized to be appropriated 
to the Secretary for high energy physics activities of the Department--
            (1) $695,400,000 for fiscal year 1996;
            (2) $719,700,000 for fiscal year 1997;
            (3) $744,900,000 for fiscal year 1998; and
            (4) $713,600,000 for fiscal year 1999.
Funds authorized under paragraphs (1) through (4) may be expended for 
the B-factory at the Stanford Linear Accelerator Center and the 
Fermilab Main Injector. No funds are authorized for United States 
participation in the planning and construction of the Large Hadron 
Collider project until the Secretary certifies to the Congress that 
there is an international agreement that includes the provisions 
described in section 4(a).
    (b) Nuclear Physics.--There are authorized to be appropriated to 
the Secretary for nuclear physics activities of the Department--
            (1) $337,100,000 for fiscal year 1996, of which not more 
        than $15,000,000 shall be used for preparation for 
        decontamination and decommissioning of the Los Alamos Meson 
        Physics Facility;
            (2) $348,900,000 for fiscal year 1997;
            (3) $361,100,000 for fiscal year 1998; and
            (4) $373,700,000 for fiscal year 1999.
None of the funds authorized under paragraph (2), (3), or (4) are 
authorized to be appropriated for the operation of the Los Alamos Meson 
Physics Facility. Funds authorized under paragraphs (1) through (4) may 
be expended for the Relativistic Heavy Ion Collider at Brookhaven 
National Laboratory.
    (c) Limitation on Major Construction Projects.--No funds may be 
expended for any high energy and nuclear physics facility construction 
project of the Department, with total project expenditures projected to 
be in excess of $100,000,000, unless funds are specifically authorized 
for such purposes in an Act that is not an appropriations Act.

SEC. 4. THE LARGE HADRON COLLIDER PROJECT.

    (a) Negotiations.--The Secretary shall enter into negotiations with 
CERN concerning United States participation in the planning and 
construction of the Large Hadron Collider project, and shall seek to 
ensure that any agreement incorporates provisions to protect the United 
States investment in the project, including provisions for--
            (1) fair allocation of costs and benefits among project 
        participants;
            (2) a limitation on the amount of United States 
        contribution to project construction and subsequent operating 
        costs;
            (3) a cost and schedule control system for the total 
        project;
            (4) the projected cost and schedule for all component 
        design, testing, and fabrication, including technical goals and 
        milestones;
            (5) the projected cost and schedule for total project 
        construction and operation, including technical goals and 
        milestones;
            (6) reconsideration of the extent of United States 
        participation if technical or operational milestones described 
        in paragraphs (4) and (5) are not met, or if the project falls 
        significantly behind schedule; and
            (7) conditions of access for United States and other 
        scientists to the facility.
    (b) Other International Negotiations.--Nothing in this Act shall be 
construed to preclude the President from entering into negotiations 
with respect to international science agreements.

SEC. 5. OPERATING PLAN.

    Within 30 days after the date of the enactment of any Act 
appropriating funds for the high energy or nuclear physics activities 
of the Department, the Secretary shall transmit to the Committee on 
Science, Space, and Technology of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a plan for the 
operations of the high energy and nuclear physics activities of the 
Department, as adjusted to reflect the amounts appropriated for such 
purposes by such Act.

SEC. 6. LONG-RANGE PLANNING AND GOVERNANCE.

    (a) Program Governance Review.--
            (1) Requirement.--The Secretary shall contract with an 
        appropriate independent organization to review the governance 
        of all elements of the Department's high energy and nuclear 
        physics programs. Such review shall include--
                    (A) a performance review of the effectiveness of 
                the Department's management policies and procedures, 
                including an evaluation of departmental staff 
                allocation and the staff allocation and funding balance 
                among facility operations, construction, and research 
                support;
                    (B) an evaluation of the appropriateness of the 
                current application of administrative, environmental, 
                health, and safety regulations to the high energy and 
                nuclear physics laboratories of the Department; and
                    (C) an analysis of the extent to which the 
                Department's high energy and nuclear physics advisory 
                groups represent the diversity of, and the full range 
                of interests among, high energy and nuclear physics 
                researchers.
            (2) Report to congress.--The Secretary shall submit a 
        report to Congress within 9 months after the date of enactment 
        of this Act detailing the results of the review required by 
        this section, including recommendations for implementing the 
        results and schedules for such implementation.
    (b) Long-Range Plan.--
            (1) Requirement.--The Secretary and the Director of the 
        National Science Foundation shall jointly prepare, in 
        consultation with the high energy physics and nuclear physics 
        communities, a long-range plan for Federal high energy and 
        nuclear physics programs based on current and projected program 
        funding levels. The plan shall be modified every two years. The 
        long-range plan shall include--
                    (A) a list of research opportunities to be pursued, 
                including both ongoing and proposed activities, listed 
                in order of priority;
                    (B) an analysis of the relevance of each research 
                facility to the research opportunities listed under 
                subparagraph (A);
                    (C) a statement of the optimal balance among 
                facility operations, construction, and research support 
                and the optimal balance between university and 
                laboratory research programs;
                    (D) schedules for continuation, consolidation, or 
                termination of each research program, and continuation, 
                upgrade, transfer, or closure of each research 
                facility;
                    (E) a statement by project of efforts to coordinate 
                research projects with the international community to 
                maximize the use of limited resources and avoid 
                unproductive duplication of efforts; and
                    (F) a description of the extent to which the 
                biennial plan modifications differ from previous plans 
                submitted under this subsection, along with an 
                explanation for such differences.
            (2) Reports to congress.--(A) The Secretary shall transmit 
        a copy of the original long-range plan with the President's 
        annual budget request to Congress for fiscal year 1997. The 
        plan as modified shall be submitted with the President's budget 
        request to Congress for each subsequent fiscal year ending in 
        an odd number.
            (B) The Secretary shall transmit with the President's 
        budget request to Congress each year a report demonstrating the 
        consistency of the current long-range plan with the budget 
        being requested for the Department's high energy and nuclear 
        physics programs.
    (c) Capital Budget Account.--Each of the President's annual budget 
requests to the Congress for high energy physics activities of the 
Department, and for nuclear physics activities of the Department, shall 
distinguish between the budget for capital expenditures, including all 
ongoing and planned major construction and capital equipment items, and 
other activities.

Summary: Department of Energy High Energy and Nuclear Physics Authorization Act of 1994 - Authorizes appropriations for FY 1996 through 1999 for high energy physics and nuclear physics activities of the Department of Energy (DOE). Instructs the Secretary of Energy to: (1) enter into negotiations with the European Organization for Nuclear Research (CERN) regarding US participation in the planning and construction of the Large Hadron Collider project. (2) submit an operations plan to certain congressional committees subsequent to enactment of appropriations for DOE high energy or nuclear activities. (3) contract with an independent organization to review the governance of DOE high energy and nuclear physics programs. And (4) report to the Congress on a mandated long-range plan prepared jointly with the Director of the National Science Foundation regarding Federal high energy and nuclear physics programs based on current and projected funding levels. Mandates that each of the President's annual budget requests for DOE high energy and nuclear physics activities distinguish between the budget for capital expenditures and other activities.