`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4908 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 4908

_______________________________________________________________________

                                 AN ACT


 
    To authorize the hydrogen and fusion research, development, and 
demonstration programs, and the high energy physics and nuclear physics 
     programs, of the Department of Energy, 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 ``Hydrogen, Fusion, and High Energy 
and Nuclear Physics Research Act of 1994''.

SEC. 2. GENERAL FINDINGS.

    The Congress finds that--
            (1) by the year 2050, the world will need to supply between 
        2 and 3 times as much energy as is presently produced to meet 
        minimum requirements for food, shelter, transportation, and 
        economic security;
            (2) meeting the increased energy demands of the year 2050 
        cannot be achieved without substantial environmental 
        degradation unless there is a massive shift from dependence on 
        fossil fuels which today provide more than three-quarters of 
        all energy supply;
            (3) a wide variety of nonfossil fuel energy technologies 
        must be developed to meet the expected demand of the year 2050;
            (4) the Federal Government has a responsibility to fund 
        research in energy technologies to help meet future expected 
        energy demand where the technical or economic risks of 
        development are too high, or the development time is too long, 
        to be borne solely by the private sector, or where the benefits 
        accrue to all and cannot be recouped by a private investor; and
            (5) despite the urgent need to develop a wide variety of 
        nonfossil energy technologies, the Federal Government's 
        investment in all energy supply research and development 
        (including fossil fuels) has declined in real terms by more 
        than two-thirds in the last 14 years.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``alternative fusion concepts'' means any 
        concepts for the production of energy based on the fusing of 
        atomic nuclei other than toroidal magnetic fusion concepts, 
        including heavy ion inertial fusion, aneutronic fusion, and 
        electrostatic fusion;
            (2) the term ``demonstration'' means a demonstration to 
        determine technological and economic feasibility;
            (3) the term ``Department'' means the Department of Energy;
            (4) the term ``Fusion Energy Research Program'' means the 
        program described in section 203;
            (5) the term ``host country'' means the country selected by 
        the international partners as the site for the ITER facility;
            (6) the term ``international partners'' means the United 
        States, the European Atomic Energy Community, Japan, and the 
        Russian Federation;
            (7) the term ``ITER'' means the International Thermonuclear 
        Experimental Reactor;
            (8) the term ``magnetic fusion'' means fusion based on 
        toroidal confinement concepts;
            (9) the term ``Secretary'' means the Secretary of Energy; 
        and
            (10) the term ``Tokamak Physics Experiment'' means a 
        facility to replace the Tokamak Fusion Test Reactor which is 
        designed to be capable of conducting experiments on reactions 
        with a pulse length of at least 15 minutes and demonstrating a 
        more compact and efficient magnetic fusion reactor design.

               TITLE I--HYDROGEN ENERGY RESEARCH PROGRAM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Hydrogen Future Act of 1994''.

SEC. 102. FINDINGS.

    The Congress finds that--
            (1) fossil fuels, the main energy source of the present, 
        have provided this country with tremendous supply but are 
        limited and polluting, and their production and utilization 
        technologies are mature;
            (2) the basic scientific fundamentals are needed for 
        private sector investment and development of new and better 
        energy sources and enabling technologies;
            (3) hydrogen holds tremendous promise as a new and better 
        energy source because it secures a practically infinite supply 
        from water and combusts purely to water;
            (4) hydrogen production efficiency is a major technical 
        barrier to society collectively benefitting from one of the 
        great energy sources of the future;
            (5) an aggressive, results-oriented, multiyear research 
        initiative on efficient hydrogen fuel production and use should 
        continue; and
            (6) the current Federal effort to develop hydrogen as a 
        fuel is inadequate.

SEC. 103. PURPOSES.

    The purposes of this title are--
            (1) to provide for the development and demonstration of the 
        processes and technologies needed to produce, store, transport, 
        and utilize hydrogen for transportation, industrial, 
        residential, and utility applications; and
            (2) to foster industry participation during each stage of 
        the Department of Energy hydrogen research, development, and 
        demonstration program to ensure that technology transfer to the 
        private sector occurs to develop viable, marketable products.

SEC. 104. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    (a) Program Goal.--The goal of the program described in this 
section is the demonstration, by the year 2000, of the practicability 
of utilizing hydrogen for transportation, industrial, residential and 
utility applications on a broad scale.
    (b) Production.--The Secretary shall support hydrogen energy 
production research, development, and demonstration in the following 
areas, including funding for at least 1 technical demonstration in each 
such area:
            (1) Photoconversion.
            (2) Bioconversion.
            (3) Electrolysis of water.
    (c) Storage.--The Secretary shall support research, development, 
and demonstration of safe and economical storage of hydrogen, both for 
onboard vehicle and stationary use. Such research, development, and 
demonstration should be aimed at improving existing methods and 
developing new approaches in each of the following areas, including 
funding for at least 1 technical demonstration in each such area:
            (1) Hydrides and porous materials.
            (2) Liquefaction and cryogenics.
            (3) Compressed gas, especially low-temperature dense gas.
            (4) Advanced methods, such as iron oxide, microspheres, and 
        phase change materials.
    (d) Use.--The Secretary shall support hydrogen energy research, 
development, and demonstration for each of the following uses, 
including funding for at least 1 technical demonstration in each such 
area:
            (1) Fuel cell systems for stationary applications.
            (2) Fuel cell systems for mobile applications.
            (3) Electricity generation using hydrogen as a fuel source 
        for utility and industrial applications.
            (4) Heating and cooling using hydrogen.
    (e) Transportation.--The Secretary shall support research, 
development, and demonstration of safe, efficient, and nonpolluting 
hydrogen-based transportation vehicles of the following types, 
including funding for at least 1 technical demonstration of each such 
type:
            (1) An economically feasible, low emission motor vehicle 
        using hydrogen as a combustible power supply, either in pure 
        form or mixed with other fuels, in a hybrid electric vehicle 
        using a hydrogen fuel cell.
            (2) An economically feasible, zero emission or low emission 
        engine using hydrogen.
    (f) Schedule.--Within 180 days after the date of enactment of this 
Act, the Secretary shall solicit proposals for carrying out the 
research and development activities authorized under this section. 
Awards of financial assistance shall be made within 1 year after such 
date of enactment.
    (g) Cost Sharing.--(1) Except as otherwise provided in section 105, 
for research and development programs carried out under this title, the 
Secretary shall require a commitment from non-Federal sources of at 
least 20 percent of the cost of the project. The Secretary may reduce 
or eliminate the non-Federal requirement under this paragraph if the 
Secretary determines that the research and development is of a basic or 
fundamental nature.
    (2) The Secretary shall require at least 50 percent of the costs 
directly and specifically related to any demonstration project under 
this title to be provided from non-Federal sources. The Secretary may 
reduce the non-Federal requirement under this paragraph if the 
Secretary determines that the reduction is necessary and appropriate 
considering the technological risks involved in the project and is 
necessary to serve the purposes and goals of this title.
    (3) In calculating the amount of the non-Federal commitment under 
paragraph (1) or (2), the Secretary shall include cash, personnel, 
services, equipment, and other resources.
    (h) Duplication of Programs.--Nothing in this title shall require 
the duplication of activities carried out under otherwise authorized 
programs of the Department of Energy.

SEC. 105. HIGHLY INNOVATIVE TECHNOLOGIES.

    Of the amounts made available for carrying out section 104, up to 5 
percent may be used to support research on highly innovative energy 
technologies. Such amounts shall not be subject to the cost sharing 
requirements in section 104(g).

SEC. 106. TECHNOLOGY TRANSFER.

    The Secretary shall foster the exchange of generic, nonproprietary 
information and technology developed pursuant to section 104, or other 
similiar Federal programs, among industry, academia, and the Federal 
Government with regard to production and use of hydrogen.

SEC. 107. REPORTS TO CONGRESS.

    Within 18 months after the date of enactment of this Act, and 
annually thereafter, the Secretary shall transmit to the Congress a 
detailed report on the status and progress of the Department of 
Energy's hydrogen research, development, and demonstration programs. 
Such report shall include an analysis of the effectiveness of such 
programs, to be prepared and submitted by the Hydrogen Technical 
Advisory Panel established under section 108 of the Spark M. Matsunaga 
Hydrogen Research, Development, and Demonstration Act of 1990. Such 
Panel shall also make recommendations for improvements to such programs 
if needed, including recommendations for additional legislation.

SEC. 108. COORDINATION AND CONSULTATION.

    (a) Coordination With Other Federal Agencies.--The Secretary shall 
coordinate all hydrogen research, development, and demonstration 
activities with other Federal agencies involved in similar research, 
development, and demonstration, including the Department of Defense and 
the National Aeronautics and Space Administration.
    (b) Consultation.--The Secretary shall consult with the Hydrogen 
Technical Advisory Panel established under section 108 of the Spark M. 
Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 
as necessary in carrying out this title.

SEC. 109. REPEAL.

    Sections 104 and 105 of the Spark M. Matsunaga Hydrogen Research, 
Development, and Demonstration Act of 1990 are repealed.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    (a) General Authorization.--There are authorized to be 
appropriated, to carry out the purposes of this title, in addition to 
any amounts made available for such purposes under other Acts--
            (1) $12,000,000 for fiscal year 1995;
            (2) $20,000,000 for fiscal year 1996;
            (3) $40,000,000 for fiscal year 1997; and
            (4) $60,000,000 for fiscal year 1998.
    (b) Related Authorizations.--For each fiscal year from 1995 through 
1998, the total amount authorized to be appropriated for Energy Supply 
Research and Development Activities shall not exceed $3,302,170,000.

                TITLE II--FUSION ENERGY RESEARCH PROGRAM

SEC. 201. FINDINGS.

    The Congress finds that--
            (1) fusion energy is one of the nonfossil fuel technologies 
        which could potentially provide safe, abundant, environmentally 
        sound, secure, and affordable energy supplies in the future;
            (2) in the last 16 years, fusion energy researchers have 
        made significant progress toward realizing magnetic fusion as a 
        viable source of energy, increasing power production from test 
        reactors more than a million-fold over that time period;
            (3) while significant engineering, technical, and 
        scientific challenges remain to make fusion energy commercially 
        viable, limited funding remains the primary constraint to more 
        rapid progress;
            (4) the technical risks and the long time scale needed to 
        demonstrate the commercial viability of fusion energy will 
        likely require a stable, predictable, and sustained investment 
        of government funding for decades to come;
            (5) while magnetic fusion is the leading fusion technology, 
        research on alternative fusion concepts should continue to be 
        supported;
            (6) opportunities to participate in international fusion 
        experiments can dramatically lower the cost to the Federal 
        Government of fusion energy research;
            (7) the United States must demonstrate that it is a 
        credible partner in international scientific programs by being 
        able to make and keep long-term commitments to funding and 
        participation; and
            (8) the United States should commit to participating in the 
        siting, construction, and operation of ITER as soon as 
        practicable.

SEC. 202. PURPOSES.

    The purposes of this title are--
            (1) to provide direction and authorize appropriations for a 
        broadly based fusion energy research, development, and 
        demonstration program;
            (2) to ensure that alternative fusion concepts receive 
        adequate funding and management attention from the Department 
        of Energy;
            (3) to provide an accelerated commitment to United States 
        participation in ITER and provide authorization of 
        appropriations for such activity contingent on meeting program 
        milestones; and
            (4) to provide for the selection of a host country and 
        establish a site selection process for ITER.

SEC. 203. FUSION ENERGY RESEARCH PROGRAM.

    (a) Fusion Program.--The Secretary shall carry out in accordance 
with the provisions of this title a Fusion Energy Research Program, 
including research, development, and demonstration to demonstrate the 
technical and economic feasibility of producing safe, environmentally 
sound, and affordable energy from fusion.
    (b) Program Goals.--The goals of the Fusion Energy Research Program 
are to demonstrate by the year 2010 the practicability of commercial 
electric power production and to lead to commercial production of 
fusion energy by the year 2040.
    (c) Program Elements.--The Fusion Energy Research Program shall 
consist of the following elements:
            (1) Research, development, and demonstration on magnetic 
        fusion energy technology, including--
                    (A) research on plasma physics and control, 
                confinement, ignition, and burning;
                    (B) the design, construction, and operation of 
                experimental fusion reactors, including the Tokamak 
                Physics Experiment, and the development of special 
                materials for such reactors, the facilities to develop 
                such materials, and the development of components which 
                support the operation of such reactors, such as 
                diagnostic and remote maintenance equipment; and
                    (C) participation by the United States industrial 
                sector in the design and construction of fusion 
                reactors, and cooperation with utilities.
            (2) Research, development, and demonstration of alternative 
        fusion concepts, to be administered through a Program Director 
        for Alternative Fusion Research, including research and 
        development needed to build and test an Induction Linac Systems 
        Experiment, and for systems engineering and design of a 
        prototype inertial fusion energy power plant suitable for the 
        eventual development of a heavy ion based commercial power 
        plant, for the purpose of developing heavy ion inertial fusion 
        energy.
            (3) Participation in the design, construction, and 
        operation of ITER with the goal of ITER becoming operational by 
        the year 2005.

SEC. 204. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES.

    Within 6 months after the date of enactment of this Act, the 
Secretary shall contract with the National Academy of Sciences to 
conduct a study, to be completed within 18 months after such contract 
is executed, which--
            (1) examines the various magnetic fusion technologies and 
        alternative fusion concepts to assess their current state of 
        development;
            (2) evaluates the potential of such technologies and 
        concepts to become commercially viable sources of energy in the 
        future;
            (3) identifies research and development goals and 
        priorities, and the range of probable costs and time scales 
        needed to achieve commercial viability; and
            (4) reviews facilities formerly proposed by the Department 
        of Energy for construction during the past 10 years, comparing 
        their proposed capabilities and the justification offered for 
        such proposals with the rationale for the subsequent withdrawal 
        of the proposals.

SEC. 205. NATIONAL ACADEMY OF SCIENCES STUDY.

    Within 6 months after the date of enactment of this Act, the 
Secretary shall contract with the National Academy of Sciences to 
conduct a study, to be completed within 18 months after such contract 
is executed, which examines the status and promise of other energy 
sources, including deuterated metal, and improvements in the efficient 
use of energy which could affect our national energy needs on the same 
time scale and quantity as projected fusion energy development, and 
which identifies priorities for research on other energy sources and 
energy-efficient devices and practices.

SEC. 206. ITER SITE SELECTION PROCESS.

    (a) ITER Study and Report.--Within 120 days after the date of 
enactment of this Act, the Secretary shall submit to Congress a study 
which compares the technical and scientific advantages and 
disadvantages and the economic costs and benefits to the United States 
of siting ITER in the United States with siting ITER outside of the 
United States. Such study shall include the consideration of the impact 
on employment of constructing ITER in the United States, the effect of 
manufacturing major ITER subsystems (such as superconducting magnets) 
in the United States, and the effect of siting on United States funding 
requirements for participation in ITER.
    (b) Host-Country Selection.--The Secretary shall seek to reach an 
agreement with the international partners which provides for--
            (1) the selection of a host country in which to site ITER 
        by October, 1995;
            (2) the equitable distribution of economic and 
        technological benefits among the international partners, 
        including the siting and construction of ITER and related 
        facilities and the manufacture of major ITER subsystems;
            (3) substantial United States industry and utility 
        involvement in the design, construction, and operation of ITER 
        to ensure United States industry and utility expertise in the 
        technologies developed; and
            (4) a schedule to complete site-specific design activities 
        by 1998.
    (c) United States Site Selection.--The Secretary shall--
            (1) immediately initiate a process for identifying 
        candidate sites within the United States which meet the site 
        requirements for the construction and operation of ITER; and
            (2) propose within 90 days after the date of enactment of 
        this Act a process for selection of a site within the United 
        States by June, 1996, if the United States is selected as the 
        host country for ITER pursuant to the international agreement 
        described in subsection (b).
    (d) Final Cost Estimate.--The Secretary shall provide to Congress, 
within 90 days following the completion of site-specific design 
activities, a detailed estimate of the final projected total cost and 
cost to the United States of the construction and operation of ITER 
based on final site-specific engineering and construction designs.

SEC. 207. REPORTS AND MISCELLANEOUS PROVISIONS.

    (a) Contingency Plan.--Within 120 days after the date of enactment 
of this Act, the Secretary shall submit to Congress a report on the 
feasibility of conducting a parallel design effort on the Tokamak 
Physics Experiment to augment the capabilities of or accelerate 
construction of the Tokamak Physics Experiment in the event that an 
international agreement cannot be reached on the site selection or 
construction of ITER.
    (b) Program Report.--Within 180 days after the date of enactment of 
this Act, and biennially thereafter, the Secretary shall prepare and 
submit to the Congress a report on the Fusion Energy Research Program 
and the progress it has made in meeting the goals and requirements of 
this title.
    (c) Consultation.--(1) In consultation with the Secretary of 
Defense, the Secretary shall review the research and development 
activities of the defense Inertial Confinement Fusion Program to 
determine the potential of such activities to contribute to the 
civilian Inertial Fusion Energy Program.
    (2) Within 120 days after the date of enactment of this Act, the 
Secretary, in consultation with the Secretary of Defense, shall submit 
a report to Congress with recommendations for sharing budget and other 
resources in order to enhance the civilian energy applications of the 
defense Inertial Confinement Fusion Program.
    (d) Duplication of Activities.--Nothing in this title shall require 
the duplication of activities carried out under otherwise authorized 
programs of the Department of Energy.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fusion Energy Research Program.--There are authorized to be 
appropriated to the Secretary for carrying out the Fusion Energy 
Research Program $376,563,000 for fiscal 1995, $425,000,000 for fiscal 
year 1996, and $475,000,000 for fiscal year 1997.
    (b) Alternative Fusion Research.--From the sums authorized in 
subsection (a), there are authorized to be appropriated to the 
Secretary for carrying out the Alternative Fusion Research Program 
under section 203(c)(2)--
            (1) $10,000,000 for fiscal year 1995 for the Induction 
        Linac Systems Experiment project and related base programs, and 
        for the engineering and design of a prototype inertial fusion 
        energy power plant;
            (2) $30,000,000 for fiscal year 1996, of which--
                    (A) not more than $20,000,000 shall be for the 
                Induction Linac Systems Experiment project and related 
                base programs; and
                    (B) not more than $5,000,000 shall be for the 
                engineering and design of a prototype inertial fusion 
                energy power plant; and
            (3) $33,000,000 for fiscal year 1997, of which--
                    (A) not more than $20,000,000 shall be for the 
                Induction Linac Systems Experiment project and related 
                base programs; and
                    (B) not more than $5,000,000 shall be for the 
                engineering and design of a prototype inertial fusion 
                energy power plant.
    (c) Tokamak Physics Experiment.--(1) Except as provided in 
paragraph (2), there are authorized to be appropriated to the Secretary 
for the period encompassing fiscal years 1995 through 2000 not to 
exceed $700,000,000 from within the Fusion Energy Research Program, to 
complete the design, development, and construction of the Tokamak 
Physics Experiment.
    (2) None of the funds described in paragraph (1) are authorized to 
be appropriated for any fiscal year unless, within 60 days after the 
submission of the President's budget request for that fiscal year, the 
Secretary--
            (A) certifies to the Congress that--
                    (i) the technical goals of the design, development, 
                and construction are being met;
                    (ii) the design, development, and construction can 
                be completed without further authorization of 
                appropriations beyond amounts authorized under 
                paragraph (1); and
                    (iii) the design, development, and construction can 
                be completed by the end of fiscal year 2000; or
            (B) submits to the Congress a report which describes--
                    (i) the circumstances which prevent a certification 
                under subparagraph (A);
                    (ii) remedial actions undertaken or to be 
                undertaken with respect to such circumstances; and
                    (iii) a justification for proceeding with the 
                program, if appropriate.
    (d) Construction of ITER.--No funds are authorized for the 
construction of ITER.
    (e) Limitation on Magnetic Fusion Facilities.--No funds are 
authorized for the design, engineering, or construction of any magnetic 
fusion facility other than ITER, facilities related to ITER, and the 
Tokamak Physics Experiment. This limitation shall not apply to the 
design or engineering of fusion materials irradiation test facilities. 
Upon completion of the concept design for a fusion materials 
irradiation test facility, the Secretary shall transmit to the Congress 
a report which includes the estimated cost for design, engineering, and 
construction of the facility, the expected participation of 
international partners, and the planned dates for starting and 
completing construction.

SEC. 209. REPEAL OF ADVISORY COMMITTEE.

    Section 7 of the Magnetic Fusion Energy Engineering Act of 1980 (42 
U.S.C. 9306), authorizing the Technical Panel on Magnetic Fusion, is 
repealed.

               TITLE III--HIGH ENERGY AND NUCLEAR PHYSICS

SEC. 301. SHORT TITLE.

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

SEC. 302. DEFINITIONS.

    For the purposes of this title--
            (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 
        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; and
            (4) the term ``Large Hadron Collider project'' means the 
        Large Hadron Collider project at CERN.

SEC. 303. 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. Funds may also be expended for research, 
development, and planning for the Large Hadron Collider and its 
associated detectors. No funds are authorized for United States 
participation in the construction and operation 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 304(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;
            (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 facility operations 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 the construction and operation of 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. Funds authorized under subsections 
(a) and (b) may be expended for preliminary research, development, and 
planning for such projects.

SEC. 304. THE LARGE HADRON COLLIDER PROJECT.

    (a) Negotiations.--The Secretary, in consultation with the Director 
of the National Science Foundation and the Secretary of State, shall 
enter into negotiations with CERN concerning United States 
participation in the planning and construction of the Large Hadron 
Collider project, and shall 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 an estimate of the 
        United States contribution to subsequent operating costs;
            (3) a cost and schedule control system for the total 
        project;
            (4) a preliminary statement of costs and the schedule for 
        all component design, testing, and fabrication, including 
        technical goals and milestones, and a final statement of such 
        costs and schedule within 1 year after the date on which the 
        parties enter into the agreement;
            (5) a preliminary statement of costs and the schedule for 
        total project construction and operation, including technical 
        goals and milestones, and a final statement of such costs and 
        schedule within 1 year after the date on which the parties 
        enter into the agreement;
            (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;
            (7) conditions of access for United States and other 
        scientists to the facility; and
            (8) a process for addressing international coordination and 
        cost sharing on high energy physics projects beyond the Large 
        Hadron Collider.
    (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.
    (c) Requirement.--The Director of the Office of Science and 
Technology Policy shall report, within 3 months after the date of 
enactment of this Act, to the Committee on Science, Space, and 
Technology of the House of Representatives and to the Committee on 
Commerce, Science, and Transportation of the Senate on specific goals 
for international coordination in megascience projects, including an 
action plan needed to achieve these goals. The action plan shall 
address such issues as cost sharing and financial support, site 
location, access, and management of megascience facilities.

SEC. 305. 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. 306. 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) an evaluation of the staff allocation and 
                funding balance among facility operations, 
                construction, and research support; and
                    (B) 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 18 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, in consultation with the 
        high energy and nuclear physics communities, shall prepare a 
        long-range plan for the Department of Energy high energy and 
        nuclear physics programs based on current and projected program 
        funding levels. The Secretary shall coordinate the preparation 
        of the plan with the Director of the National Science 
        Foundation, as appropriate, to ensure that long-range planning 
        efforts and objectives for the entire Federal high energy and 
        nuclear physics program are appropriately integrated. The plan 
        shall be modified every 3 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 for the 
                fiscal year in which the report is submitted 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 major category of research 
                programs, 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;
                    (F) a description of the extent to which the plan 
                modifications differ from previous plans submitted 
                under this subsection, along with an explanation for 
                such differences; and
                    (G) an estimate of--
                            (i) the number of scientists and graduate 
                        students being supported by Federal high energy 
                        and nuclear physics programs; and
                            (ii) the number of scientists and graduate 
                        students needed to carry out productive and 
                        sustainable research programs in these fields 
                        over the next 10 years.
            (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 every third fiscal year thereafter.
            (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.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY.

    (a) Findings.--The Congress finds that--
            (1) the future of fusion energy and advanced nuclear energy 
        technology research and development programs will rely heavily 
        on a healthy and vibrant university-based radiation science and 
        nuclear engineering academic program;
            (2) nuclear engineering is a broad, diverse field with 
        unique academic requirements, including mathematics, physics, 
        reactor engineering, nuclear materials, radiation protection, 
        and reactivity control and operations;
            (3) nuclear engineering academic programs at both 
        undergraduate and graduate levels have declined in terms of the 
        number of students enrolling in such programs, the number of 
        schools offering such programs, and the number of research 
        reactors available on university campuses;
            (4) the existing nuclear technical community and faculties 
        are aging, and new, younger graduates are not entering the 
        field, threatening the United States technological superiority 
        in this area;
            (5) a robust, long-term fusion program will be dependent on 
        the availability of properly trained scientific experts to 
        carry on the program from the current leaders in the field;
            (6) in the 1950s and 1960s, the Federal Government was 
        instrumental in founding and funding the University Research 
        Reactor program and the Nuclear Engineering Education and 
        Research program, and as a primary user of the graduates of 
        these programs, continued strong support for these programs for 
        decades;
            (7) the decline of Federal support for these programs has 
        forced many universities to close down research reactors and 
        seriously erode the accompanying academic programs;
            (8) the current condition of the university research 
        reactors needs attention and funding to upgrade instrumentation 
        and safety features; and
            (9) the Federal Government should continue its fuel 
        assistance program in order to avert further hardships to the 
        universities.
    (b) Purposes.--The purposes of this section are to--
            (1) provide Federal support and maintain and upgrade the 
        Nation's Nuclear Engineering Education and Research and 
        University Research Reactor programs, while continuing the 
        University Reactor Fuel Assistance program;
            (2) combine these programs into a comprehensive and 
        cohesive national program which will support the future needs 
        of the Nation across many scientific and technological 
        disciplines; and
            (3) provide the nuclear engineering education and 
        university research reactor academic community opportunities to 
        consult and cooperate with the Department of Energy and the 
        national laboratories in the decisionmaking and priority 
        setting processes.
    (c) Program Direction.--
            (1) Combining of programs.--The Secretary shall combine the 
        Nuclear Engineering Research and Education program, the 
        University Research Reactor program, and the University Reactor 
        Fuel Assistance program to form a new University Radiation 
        Science and Technology program to be included as a separate and 
        distinct part of the University and Science Education program.
            (2) Collaboration.--The Secretary, in developing the annual 
        budget request and program plan for the University Radiation 
        Science and Technology program, shall collaborate with the 
        university radiation science and technology community 
        (including academia, professional societies, and the national 
        laboratories).
    (d) Reports.--
            (1) Comprehensive plan.--The Secretary shall request the 
        Nuclear Engineering Education Department Heads Organization and 
        the National Organization of Test, Research, and Training 
        Reactors to submit, within 60 days after the date of enactment 
        of this Act, to the Congress and the Secretary a minimum of a 
        5-year comprehensive national plan for the University Radiation 
        Science and Technology program. Such plan shall include 
        comments from industry and all appropriate professional 
        societies.
            (2) Program proposal.--Within 120 days after the submittal 
        of the plan under paragraph (1), the Secretary shall submit to 
        the Congress a University Radiation Science and Technology 
        program proposal, which shall incorporate the plan submitted 
        under paragraph (1) and shall include comments from the 
        National Academy of Sciences regarding the completeness of the 
        program proposal.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for carrying out the University Radiation 
Science and Technology Program $25,000,000 for fiscal year 1995, 
$25,000,000 for fiscal year 1996, and $25,000,000 for fiscal year 1997.

SEC. 402. LIMITATION ON APPROPRIATIONS.

    Notwithstanding any other provision of law, no funds are authorized 
to be appropriated for carrying out the programs for which funds are 
authorized by this Act for any fiscal year other than as provided by 
this Act.

SEC. 403. FOREIGN PARTICIPATION REPORT.

    Within 1 year after the date of enactment of this Act, and annually 
thereafter, the Secretary shall report to the Congress on the status of 
foreign participation in and contributions to projects for which 
funding is authorized under this Act.

SEC. 403. MERIT REVIEW REQUIREMENT FOR AWARDS OF FINANCIAL ASSISTANCE.

    (a) Merit Review Requirement.--Except as provided in sections 204 
and 205, the Secretary may not award financial assistance to any person 
under this Act for research, development, or precommercial 
demonstration activities, including related facility construction, 
unless an objective merit review process is used to award the financial 
assistance.
    (b) Requirement of Specific Modification of Merit Review 
Provision.--
            (1) In general.--A provision of law may not be construed as 
        modifying or superseding subsection (a), or as requiring that 
        financial assistance be awarded by the Secretary in a manner 
        inconsistent with subsection (a), unless such provision of 
        law--
                    (A) specifically refers to this section;
                    (B) specifically states that such provision of law 
                modifies or supersedes subsection (a); and
                    (C) specifically identifies the person to be 
                awarded the financial assistance and states that the 
                financial assistance to be awarded pursuant to such 
                provision of law is being awarded in a manner 
                inconsistent with subsection (a).
            (2) Notice and wait requirement.--No financial assistance 
        may be awarded pursuant to a provision of law that requires or 
        authorizes the award of the financial assistance in a manner 
        inconsistent with subsection (a) until--
                    (A) the Secretary submits to the Congress a written 
                notice of the Secretary's intent to award the financial 
                assistance; and
                    (B) 180 days has elapsed after the date on which 
                the notice is received by the Congress.
    (c) Definitions.--For purposes of this section:
            (1) The term ``objective merit review process'' means a 
        thorough, consistent, and independent examination of requests 
        for financial assistance based on pre-established criteria and 
        scientific and technical merit by persons knowledgeable in the 
        field for which the financial assistance is requested.
            (2) The term ``financial assistance'' means the transfer of 
        funds or property to a recipient or subrecipient to accomplish 
        a public purpose of support or stimulation authorized by 
        Federal law. Such term includes grants, cooperative agreements, 
        and subawards but does not include cooperative research and 
        development agreements as defined in subsection 12(d)(1) of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(1)).

            Passed the House of Representatives August 19, 1994.

            Attest:






                                                                 Clerk.
                                     





103d CONGRESS

  2d Session

                               H.R. 4908

_______________________________________________________________________

                                 AN ACT

    To authorize the hydrogen and fusion research, development, and 
demonstration programs, and the high energy physics and nuclear physics 
     programs, of the Department of Energy, and for other purposes.`