I

103D CONGRESS

2D SESSION H. R. 4684

To authorize and provide program direction for high energy and nuclear

physics research at the Department of Energy, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mr. BOUCHER (for himself, Mr. BROWN of California, Mr. BOEHLERT, Mr.

TRAFICANT, Mr. FAWELL, Mr. EHLERS, and Mrs. LLOYD) introduced the

following bill; which was referred to the Committee on Science, Space,

and Technology

A BILL

To authorize and provide program direction for high energy

and nuclear physics research at the Department of Energy, 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 ‘‘Department of Energy

5 High Energy and Nuclear Physics Authorization Act of

6 1994’’.

7 SEC. 2. DEFINITIONS.

8 For the purposes of this Act—
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1 (1) the term ‘‘CERN’’ means the European

2 Organization for Nuclear Research;

3 (2) the term ‘‘construction’’ means all activities

4 necessary for completion of a project and its sup5 porting infrastructure, and includes conventional

6 construction and the research, development, design,

7 fabrication, installation, testing, and preoperation of

8 technical sytems;

9 (3) the term ‘‘conventional construction’’ means

10 the design and construction of civil works, facilities,

11 and other infrastructure necessary to construct a

12 project, including tunnels, buildings, and roads, nec13 essary to house and support the technical systems,

14 and utilities as necessary for the direct support of

15 elements of a project;

16 (4) the term ‘‘Department’’ means the Depart17 ment of Energy;

18 (5) the term ‘‘Large Hadron Collider project’’

19 means the Large Hadron Collider project at CERN;

20 and

21 (6) the term ‘‘Secretary’’ means the Secretary

22 of Energy.
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1 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

2 (a) HIGH ENERGY PHYSICS.—There are authorized

3 to be appropriated to the Secretary for high energy phys4 ics activities of the Department—

5 (1) $695,400,000 for fiscal year 1996;

6 (2) $719,700,000 for fiscal year 1997;

7 (3) $744,900,000 for fiscal year 1998; and

8 (4) $713,600,000 for fiscal year 1999.

9 Funds authorized under paragraphs (1) through (4) may

10 be expended for the B-factory at the Stanford Linear Ac11 celerator Center and the Fermilab Main Injector. No

12 funds are authorized for United States participation in the

13 planning and construction of the Large Hadron Collider

14 project until the Secretary certifies to the Congress that

15 there is an international agreement that includes the pro16 visions described in section 4(a).

17 (b) NUCLEAR PHYSICS.—There are authorized to be

18 appropriated to the Secretary for nuclear physics activities

19 of the Department—

20 (1) $337,100,000 for fiscal year 1996, of which

21 not more than $15,000,000 shall be used for prepa22 ration for decontamination and decommissioning of

23 the Los Alamos Meson Physics Facility;

24 (2) $348,900,000 for fiscal year 1997;

25 (3) $361,100,000 for fiscal year 1998; and

26 (4) $373,700,000 for fiscal year 1999.
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1 None of the funds authorized under paragraph (2), (3),

2 or (4) are authorized to be appropriated for the operation

3 of the Los Alamos Meson Physics Facility. Funds author4 ized under paragraphs (1) through (4) may be expended

5 for the Relativistic Heavy Ion Collider at Brookhaven

6 National Laboratory.

7 (c) LIMITATION ON MAJOR CONSTRUCTION

8 PROJECTS.—No funds may be expended for any high en9 ergy and nuclear physics facility construction project of

10 the Department, with total project expenditures projected

11 to be in excess of $100,000,000, unless funds are specifi12 cally authorized for such purposes in an Act that is not

13 an appropriations Act.

14 SEC. 4. THE LARGE HADRON COLLIDER PROJECT.

15 (a) NEGOTIATIONS.—The Secretary shall enter into

16 negotiations with CERN concerning United States partici17 pation in the planning and construction of the Large

18 Hadron Collider project, and shall seek to ensure that any

19 agreement incorporates provisions to protect the United

20 States investment in the project, including provisions

21 for—

22 (1) fair allocation of costs and benefits among

23 project participants;
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1 (2) a limitation on the amount of United States

2 contribution to project construction and subsequent

3 operating costs;

4 (3) a cost and schedule control system for the

5 total project;

6 (4) the projected cost and schedule for all com7 ponent design, testing, and fabrication, including

8 technical goals and milestones;

9 (5) the projected cost and schedule for total

10 project construction and operation, including tech11 nical goals and milestones;

12 (6) reconsideration of the extent of United

13 States participation if technical or operational mile14 stones described in paragraphs (4) and (5) are not

15 met, or if the project falls significantly behind sched16 ule; and

17 (7) conditions of access for United States and

18 other scientists to the facility.

19 (b) OTHER INTERNATIONAL NEGOTIATIONS.—Noth20 ing in this Act shall be construed to preclude the President

21 from entering into negotiations with respect to inter22 national science agreements.

23 SEC. 5. OPERATING PLAN.

24 Within 30 days after the date of the enactment of

25 any Act appropriating funds for the high energy or nuclear
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1 physics activities of the Department, the Secretary shall

2 transmit to the Committee on Science, Space, and Tech3 nology of the House of Representatives and the Committee

4 on Energy and Natural Resources of the Senate a plan

5 for the operations of the high energy and nuclear physics

6 activities of the Department, as adjusted to reflect the

7 amounts appropriated for such purposes by such Act.

8 SEC. 6. LONG-RANGE PLANNING AND GOVERNANCE.

9 (a) PROGRAM GOVERNANCE REVIEW.—

10 (1) REQUIREMENT.—The Secretary shall con11 tract with an appropriate independent organization

12 to review the governance of all elements of the De13 partment’s high energy and nuclear physics pro14 grams. Such review shall include—

15 (A) a performance review of the effective16 ness of the Department’s management policies

17 and procedures, including an evaluation of de18 partmental staff allocation and the staff alloca19 tion and funding balance among facility oper20 ations, construction, and research support;

21 (B) an evaluation of the appropriateness of

22 the current application of administrative, envi23 ronmental, health, and safety regulations to the

24 high energy and nuclear physics laboratories of

25 the Department; and
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1 (C) an analysis of the extent to which the

2 Department’s high energy and nuclear physics

3 advisory groups represent the diversity of, and

4 the full range of interests among, high energy

5 and nuclear physics researchers.

6 (2) REPORT TO CONGRESS.—The Secretary

7 shall submit a report to Congress within 9 months

8 after the date of enactment of this Act detailing the

9 results of the review required by this section, includ10 ing recommendations for implementing the results

11 and schedules for such implementation.

12 (b) LONG-RANGE PLAN.—

13 (1) REQUIREMENT.—The Secretary and the Di14 rector of the National Science Foundation shall

15 jointly prepare, in consultation with the high energy

16 physics and nuclear physics communities, a long17 range plan for Federal high energy and nuclear

18 physics programs based on current and projected

19 program funding levels. The plan shall be modified

20 every two years. The long-range plan shall include—

21 (A) a list of research opportunities to be

22 pursued, including both ongoing and proposed

23 activities, listed in order of priority;
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1 (B) an analysis of the relevance of each re2 search facility to the research opportunities list3 ed under subparagraph (A);

4 (C) a statement of the optimal balance

5 among facility operations, construction, and re6 search support and the optimal balance between

7 university and laboratory research programs;

8 (D) schedules for continuation, consolida9 tion, or termination of each research program,

10 and continuation, upgrade, transfer, or closure

11 of each research facility;

12 (E) a statement by project of efforts to co13 ordinate research projects with the international

14 community to maximize the use of limited re15 sources and avoid unproductive duplication of

16 efforts; and

17 (F) a description of the extent to which the

18 biennial plan modifications differ from previous

19 plans submitted under this subsection, along

20 with an explanation for such differences.

21 (2) REPORTS TO CONGRESS.—(A) The Sec22 retary shall transmit a copy of the original long23 range plan with the President’s annual budget re24 quest to Congress for fiscal year 1997. The plan as

25 modified shall be submitted with the President’s
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1 budget request to Congress for each subsequent fis2 cal year ending in an odd number.

3 (B) The Secretary shall transmit with the

4 President’s budget request to Congress each year a

5 report demonstrating the consistency of the current

6 long-range plan with the budget being requested for

7 the Department’s high energy and nuclear physics

8 programs.

9 (c) CAPITAL BUDGET ACCOUNT.—Each of the Presi10 dent’s annual budget requests to the Congress for high

11 energy physics activities of the Department, and for nu12 clear physics activities of the Department, shall distin13 guish between the budget for capital expenditures, includ14 ing all ongoing and planned major construction and cap15 ital equipment items, and other activities.

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