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.

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 ‘‘Hydrogen, Fusion, and

5 High Energy and Nuclear Physics Research Act of 1994’’.

6 SEC. 2. GENERAL FINDINGS.

7 The Congress finds that—
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1 (1) by the year 2050, the world will need to

2 supply between 2 and 3 times as much energy as is

3 presently produced to meet minimum requirements

4 for food, shelter, transportation, and economic secu5 rity;

6 (2) meeting the increased energy demands of

7 the year 2050 cannot be achieved without substan8 tial environmental degradation unless there is a

9 massive shift from dependence on fossil fuels which

10 today provide more than three-quarters of all energy

11 supply;

12 (3) a wide variety of nonfossil fuel energy tech13 nologies must be developed to meet the expected de14 mand of the year 2050;

15 (4) the Federal Government has a responsibility

16 to fund research in energy technologies to help meet

17 future expected energy demand where the technical

18 or economic risks of development are too high, or

19 the development time is too long, to be borne solely

20 by the private sector, or where the benefits accrue

21 to all and cannot be recouped by a private investor;

22 and

23 (5) despite the urgent need to develop a wide

24 variety of nonfossil energy technologies, the Federal

25 Government’s investment in all energy supply re-
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1 search and development (including fossil fuels) has

2 declined in real terms by more than two-thirds in

3 the last 14 years.

4 SEC. 3. DEFINITIONS.

5 For purposes of this Act—

6 (1) the term ‘‘alternative fusion concepts’’

7 means any concepts for the production of energy

8 based on the fusing of atomic nuclei other than to9 roidal magnetic fusion concepts, including heavy ion

10 inertial fusion, aneutronic fusion, and electrostatic

11 fusion;

12 (2) the term ‘‘demonstration’’ means a dem13 onstration to determine technological and economic

14 feasibility;

15 (3) the term ‘‘Department’’ means the Depart16 ment of Energy;

17 (4) the term ‘‘Fusion Energy Research Pro18 gram’’ means the program described in section 203;

19 (5) the term ‘‘host country’’ means the country

20 selected by the international partners as the site for

21 the ITER facility;

22 (6) the term ‘‘international partners’’ means

23 the United States, the European Atomic Energy

24 Community, Japan, and the Russian Federation;
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1 (7) the term ‘‘ITER’’ means the International

2 Thermonuclear Experimental Reactor;

3 (8) the term ‘‘magnetic fusion’’ means fusion

4 based on toroidal confinement concepts;

5 (9) the term ‘‘Secretary’’ means the Secretary

6 of Energy; and

7 (10) the term ‘‘Tokamak Physics Experiment’’

8 means a facility to replace the Tokamak Fusion Test

9 Reactor which is designed to be capable of conduct10 ing experiments on reactions with a pulse length of

11 at least 15 minutes and demonstrating a more com12 pact and efficient magnetic fusion reactor design.

13 TITLE I—HYDROGEN ENERGY

14 RESEARCH PROGRAM

15 SEC. 101. SHORT TITLE.

16 This title may be cited as the ‘‘Hydrogen Future Act

17 of 1994’’.

18 SEC. 102. FINDINGS.

19 The Congress finds that—

20 (1) fossil fuels, the main energy source of the

21 present, have provided this country with tremendous

22 supply but are limited and polluting, and their pro23 duction and utilization technologies are mature;

24 (2) the basic scientific fundamentals are needed

25 for private sector investment and development of
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1 new and better energy sources and enabling tech2 nologies;

3 (3) hydrogen holds tremendous promise as a

4 new and better energy source because it secures a

5 practically infinite supply from water and combusts

6 purely to water;

7 (4) hydrogen production efficiency is a major

8 technical barrier to society collectively benefitting

9 from one of the great energy sources of the future;

10 (5) an aggressive, results-oriented, multiyear re11 search initiative on efficient hydrogen fuel produc12 tion and use should continue; and

13 (6) the current Federal effort to develop hydro14 gen as a fuel is inadequate.

15 SEC. 103. PURPOSES.

16 The purposes of this title are—

17 (1) to provide for the development and dem18 onstration of the processes and technologies needed

19 to produce, store, transport, and utilize hydrogen for

20 transportation, industrial, residential, and utility ap21 plications; and

22 (2) to foster industry participation during each

23 stage of the Department of Energy hydrogen re24 search, development, and demonstration program to
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1 ensure that technology transfer to the private sector

2 occurs to develop viable, marketable products.

3 SEC. 104. RESEARCH, DEVELOPMENT, AND DEMONSTRA4 TION.

5 (a) PROGRAM GOAL.—The goal of the program de6 scribed in this section is the demonstration, by the year

7 2000, of the practicability of utilizing hydrogen for trans8 portation, industrial, residential and utility applications on

9 a broad scale.

10 (b) PRODUCTION.—The Secretary shall support hy11 drogen energy production research, development, and

12 demonstration in the following areas, including funding

13 for at least 1 technical demonstration in each such area:

14 (1) Photoconversion.

15 (2) Bioconversion.

16 (3) Electrolysis of water.

17 (c) STORAGE.—The Secretary shall support research,

18 development, and demonstration of safe and economical

19 storage of hydrogen, both for onboard vehicle and station20 ary use. Such research, development, and demonstration

21 should be aimed at improving existing methods and devel22 oping new approaches in each of the following areas, in23 cluding funding for at least 1 technical demonstration in

24 each such area:

25 (1) Hydrides and porous materials.
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1 (2) Liquefaction and cryogenics.

2 (3) Compressed gas, especially low-temperature

3 dense gas.

4 (4) Advanced methods, such as iron oxide,

5 microspheres, and phase change materials.

6 (d) USE.—The Secretary shall support hydrogen en7 ergy research, development, and demonstration for each

8 of the following uses, including funding for at least 1 tech9 nical demonstration in each such area:

10 (1) Fuel cell systems for stationary applica11 tions.

12 (2) Fuel cell systems for mobile applications.

13 (3) Electricity generation using hydrogen as a

14 fuel source for utility and industrial applications.

15 (4) Heating and cooling using hydrogen.

16 (e) TRANSPORTATION.—The Secretary shall support

17 research, development, and demonstration of safe, effi18 cient, and nonpolluting hydrogen-based transportation ve19 hicles of the following types, including funding for at least

20 1 technical demonstration of each such type:

21 (1) An economically feasible, low emission

22 motor vehicle using hydrogen as a combustible power

23 supply, either in pure form or mixed with other

24 fuels, in a hybrid electric vehicle using a hydrogen

25 fuel cell.
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1 (2) An economically feasible, zero emission or

2 low emission engine using hydrogen.

3 (f) SCHEDULE.—Within 180 days after the date of

4 enactment of this Act, the Secretary shall solicit proposals

5 for carrying out the research and development activities

6 authorized under this section. Awards of financial assist7 ance shall be made within 1 year after such date of enact8 ment.

9 (g) COST SHARING.—(1) Except as otherwise pro10 vided in section 105, for research and development pro11 grams carried out under this title, the Secretary shall re12 quire a commitment from non-Federal sources of at least

13 20 percent of the cost of the project. The Secretary may

14 reduce or eliminate the non-Federal requirement under

15 this paragraph if the Secretary determines that the re16 search and development is of a basic or fundamental na17 ture.

18 (2) The Secretary shall require at least 50 percent

19 of the costs directly and specifically related to any dem20 onstration project under this title to be provided from non21 Federal sources. The Secretary may reduce the non-Fed22 eral requirement under this paragraph if the Secretary de23 termines that the reduction is necessary and appropriate

24 considering the technological risks involved in the project
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1 and is necessary to serve the purposes and goals of this

2 title.

3 (3) In calculating the amount of the non-Federal

4 commitment under paragraph (1) or (2), the Secretary

5 shall include cash, personnel, services, equipment, and

6 other resources.

7 (h) DUPLICATION OF PROGRAMS.—Nothing in this

8 title shall require the duplication of activities carried out

9 under otherwise authorized programs of the Department

10 of Energy.

11 SEC. 105. HIGHLY INNOVATIVE TECHNOLOGIES.

12 Of the amounts made available for carrying out sec13 tion 104, up to 5 percent may be used to support research

14 on highly innovative energy technologies. Such amounts

15 shall not be subject to the cost sharing requirements in

16 section 104(g).

17 SEC. 106. TECHNOLOGY TRANSFER.

18 The Secretary shall foster the exchange of generic,

19 nonproprietary information and technology developed pur20 suant to section 104, or other similiar Federal programs,

21 among industry, academia, and the Federal Government

22 with regard to production and use of hydrogen.

23 SEC. 107. REPORTS TO CONGRESS.

24 Within 18 months after the date of enactment of this

25 Act, and annually thereafter, the Secretary shall transmit
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1 to the Congress a detailed report on the status and

2 progress of the Department of Energy’s hydrogen re3 search, development, and demonstration programs. Such

4 report shall include an analysis of the effectiveness of such

5 programs, to be prepared and submitted by the Hydrogen

6 Technical Advisory Panel established under section 108

7 of the Spark M. Matsunaga Hydrogen Research, Develop8 ment, and Demonstration Act of 1990. Such Panel shall

9 also make recommendations for improvements to such

10 programs if needed, including recommendations for addi11 tional legislation.

12 SEC. 108. COORDINATION AND CONSULTATION.

13 (a) COORDINATION WITH OTHER FEDERAL AGEN14 CIES.—The Secretary shall coordinate all hydrogen re15 search, development, and demonstration activities with

16 other Federal agencies involved in similar research, devel17 opment, and demonstration, including the Department of

18 Defense and the National Aeronautics and Space Adminis19 tration.

20 (b) CONSULTATION.—The Secretary shall consult

21 with the Hydrogen Technical Advisory Panel established

22 under section 108 of the Spark M. Matsunaga Hydrogen

23 Research, Development, and Demonstration Act of 1990

24 as necessary in carrying out this title.
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1 SEC. 109. REPEAL.

2 Sections 104 and 105 of the Spark M. Matsunaga

3 Hydrogen Research, Development, and Demonstration Act

4 of 1990 are repealed.

5 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

6 (a) GENERAL AUTHORIZATION.—There are author7 ized to be appropriated, to carry out the purposes of this

8 title, in addition to any amounts made available for such

9 purposes under other Acts—

10 (1) $12,000,000 for fiscal year 1995;

11 (2) $20,000,000 for fiscal year 1996;

12 (3) $40,000,000 for fiscal year 1997; and

13 (4) $60,000,000 for fiscal year 1998.

14 (b) RELATED AUTHORIZATIONS.—For each fiscal

15 year from 1995 through 1998, the total amount author16 ized to be appropriated for Energy Supply Research and

17 Development Activities shall not exceed $3,302,170,000.

18 TITLE II—FUSION ENERGY

19 RESEARCH PROGRAM

20 SEC. 201. FINDINGS.

21 The Congress finds that—

22 (1) fusion energy is one of the nonfossil fuel

23 technologies which could potentially provide safe,

24 abundant, environmentally sound, secure, and af25 fordable energy supplies in the future;
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1 (2) in the last 16 years, fusion energy research2 ers have made significant progress toward realizing

3 magnetic fusion as a viable source of energy, in4 creasing power production from test reactors more

5 than a million-fold over that time period;

6 (3) while significant engineering, technical, and

7 scientific challenges remain to make fusion energy

8 commercially viable, limited funding remains the pri9 mary constraint to more rapid progress;

10 (4) the technical risks and the long time scale

11 needed to demonstrate the commercial viability of

12 fusion energy will likely require a stable, predictable,

13 and sustained investment of government funding for

14 decades to come;

15 (5) while magnetic fusion is the leading fusion

16 technology, research on alternative fusion concepts

17 should continue to be supported;

18 (6) opportunities to participate in international

19 fusion experiments can dramatically lower the cost

20 to the Federal Government of fusion energy re21 search;

22 (7) the United States must demonstrate that it

23 is a credible partner in international scientific pro24 grams by being able to make and keep long-term

25 commitments to funding and participation; and
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1 (8) the United States should commit to partici2 pating in the siting, construction, and operation of

3 ITER as soon as practicable.

4 SEC. 202. PURPOSES.

5 The purposes of this title are—

6 (1) to provide direction and authorize appro7 priations for a broadly based fusion energy research,

8 development, and demonstration program;

9 (2) to ensure that alternative fusion concepts

10 receive adequate funding and management attention

11 from the Department of Energy;

12 (3) to provide an accelerated commitment to

13 United States participation in ITER and provide au14 thorization of appropriations for such activity con15 tingent on meeting program milestones; and

16 (4) to provide for the selection of a host coun17 try and establish a site selection process for ITER.

18 SEC. 203. FUSION ENERGY RESEARCH PROGRAM.

19 (a) FUSION PROGRAM.—The Secretary shall carry

20 out in accordance with the provisions of this title a Fusion

21 Energy Research Program, including research, develop22 ment, and demonstration to demonstrate the technical and

23 economic feasibility of producing safe, environmentally

24 sound, and affordable energy from fusion.
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1 (b) PROGRAM GOALS.—The goals of the Fusion En2 ergy Research Program are to demonstrate by the year

3 2010 the practicability of commercial electric power pro4 duction and to lead to commercial production of fusion

5 energy by the year 2040.

6 (c) PROGRAM ELEMENTS.—The Fusion Energy Re7 search Program shall consist of the following elements:

8 (1) Research, development, and demonstration

9 on magnetic fusion energy technology, including—

10 (A) research on plasma physics and con11 trol, confinement, ignition, and burning;

12 (B) the design, construction, and operation

13 of experimental fusion reactors, including the

14 Tokamak Physics Experiment, and the develop15 ment of special materials for such reactors, the

16 facilities to develop such materials, and the de17 velopment of components which support the op18 eration of such reactors, such as diagnostic and

19 remote maintenance equipment; and

20 (C) participation by the United States in21 dustrial sector in the design and construction of

22 fusion reactors, and cooperation with utilities.

23 (2) Research, development, and demonstration

24 of alternative fusion concepts, to be administered

25 through a Program Director for Alternative Fusion
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1 Research, including research and development need2 ed to build and test an Induction Linac Systems Ex3 periment, and for systems engineering and design of

4 a prototype inertial fusion energy power plant suit5 able for the eventual development of a heavy ion

6 based commercial power plant, for the purpose of

7 developing heavy ion inertial fusion energy.

8 (3) Participation in the design, construction,

9 and operation of ITER with the goal of ITER be10 coming operational by the year 2005.

11 SEC. 204. INDEPENDENT REVIEW OF FUSION TECH12 NOLOGIES.

13 Within 6 months after the date of enactment of this

14 Act, the Secretary shall contract with the National Acad15 emy of Sciences to conduct a study, to be completed within

16 18 months after such contract is executed, which—

17 (1) examines the various magnetic fusion tech18 nologies and alternative fusion concepts to assess

19 their current state of development;

20 (2) evaluates the potential of such technologies

21 and concepts to become commercially viable sources

22 of energy in the future;

23 (3) identifies research and development goals

24 and priorities, and the range of probable costs and
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1 time scales needed to achieve commercial viability;

2 and

3 (4) reviews facilities formerly proposed by the

4 Department of Energy for construction during the

5 past 10 years, comparing their proposed capabilities

6 and the justification offered for such proposals with

7 the rationale for the subsequent withdrawal of the

8 proposals.

9 SEC. 205. NATIONAL ACADEMY OF SCIENCES STUDY.

10 Within 6 months after the date of enactment of this

11 Act, the Secretary shall contract with the National Acad12 emy of Sciences to conduct a study, to be completed within

13 18 months after such contract is executed, which examines

14 the status and promise of other energy sources, including

15 deuterated metal, and improvements in the efficient use

16 of energy which could affect our national energy needs on

17 the same time scale and quantity as projected fusion en18 ergy development, and which identifies priorities for re19 search on other energy sources and energy-efficient de20 vices and practices.

21 SEC. 206. ITER SITE SELECTION PROCESS.

22 (a) ITER STUDY AND REPORT.—Within 120 days

23 after the date of enactment of this Act, the Secretary shall

24 submit to Congress a study which compares the technical

25 and scientific advantages and disadvantages and the eco-
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1 nomic costs and benefits to the United States of siting

2 ITER in the United States with siting ITER outside of

3 the United States. Such study shall include the consider4 ation of the impact on employment of constructing ITER

5 in the United States, the effect of manufacturing major

6 ITER subsystems (such as superconducting magnets) in

7 the United States, and the effect of siting on United

8 States funding requirements for participation in ITER.

9 (b) HOST-COUNTRY SELECTION.—The Secretary

10 shall seek to reach an agreement with the international

11 partners which provides for—

12 (1) the selection of a host country in which to

13 site ITER by October, 1995;

14 (2) the equitable distribution of economic and

15 technological benefits among the international part16 ners, including the siting and construction of ITER

17 and related facilities and the manufacture of major

18 ITER subsystems;

19 (3) substantial United States industry and util20 ity involvement in the design, construction, and op21 eration of ITER to ensure United States industry

22 and utility expertise in the technologies developed;

23 and

24 (4) a schedule to complete site-specific design

25 activities by 1998.
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1 (c) UNITED STATES SITE SELECTION.—The Sec2 retary shall—

3 (1) immediately initiate a process for identify4 ing candidate sites within the United States which

5 meet the site requirements for the construction and

6 operation of ITER; and

7 (2) propose within 90 days after the date of en8 actment of this Act a process for selection of a site

9 within the United States by June, 1996, if the Unit10 ed States is selected as the host country for ITER

11 pursuant to the international agreement described in

12 subsection (b).

13 (d) FINAL COST ESTIMATE.—The Secretary shall

14 provide to Congress, within 90 days following the comple15 tion of site-specific design activities, a detailed estimate

16 of the final projected total cost and cost to the United

17 States of the construction and operation of ITER based

18 on final site-specific engineering and construction designs.

19 SEC. 207. REPORTS AND MISCELLANEOUS PROVISIONS.

20 (a) CONTINGENCY PLAN.—Within 120 days after the

21 date of enactment of this Act, the Secretary shall submit

22 to Congress a report on the feasibility of conducting a par23 allel design effort on the Tokamak Physics Experiment to

24 augment the capabilities of or accelerate construction of

25 the Tokamak Physics Experiment in the event that an
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1 international agreement cannot be reached on the site se2 lection or construction of ITER.

3 (b) PROGRAM REPORT.—Within 180 days after the

4 date of enactment of this Act, and biennially thereafter,

5 the Secretary shall prepare and submit to the Congress

6 a report on the Fusion Energy Research Program and the

7 progress it has made in meeting the goals and require8 ments of this title.

9 (c) CONSULTATION.—(1) In consultation with the

10 Secretary of Defense, the Secretary shall review the re11 search and development activities of the defense Inertial

12 Confinement Fusion Program to determine the potential

13 of such activities to contribute to the civilian Inertial Fu14 sion Energy Program.

15 (2) Within 120 days after the date of enactment of

16 this Act, the Secretary, in consultation with the Secretary

17 of Defense, shall submit a report to Congress with rec18 ommendations for sharing budget and other resources in

19 order to enhance the civilian energy applications of the

20 defense Inertial Confinement Fusion Program.

21 (d) DUPLICATION OF ACTIVITIES.—Nothing in this

22 title shall require the duplication of activities carried out

23 under otherwise authorized programs of the Department

24 of Energy.
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1 SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

2 (a) FUSION ENERGY RESEARCH PROGRAM.—There

3 are authorized to be appropriated to the Secretary for car4 rying out the Fusion Energy Research Program

5 $376,563,000 for fiscal 1995, $425,000,000 for fiscal

6 year 1996, and $475,000,000 for fiscal year 1997.

7 (b) ALTERNATIVE FUSION RESEARCH.—From the

8 sums authorized in subsection (a), there are authorized

9 to be appropriated to the Secretary for carrying out the

10 Alternative Fusion Research Program under section

11 203(c)(2)—

12 (1) $10,000,000 for fiscal year 1995 for the In13 duction Linac Systems Experiment project and re14 lated base programs, and for the engineering and

15 design of a prototype inertial fusion energy power

16 plant;

17 (2) $30,000,000 for fiscal year 1996, of

18 which—

19 (A) not more than $20,000,000 shall be

20 for the Induction Linac Systems Experiment

21 project and related base programs; and

22 (B) not more than $5,000,000 shall be for

23 the engineering and design of a prototype iner24 tial fusion energy power plant; and

25 (3) $33,000,000 for fiscal year 1997, of

26 which—
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1 (A) not more than $20,000,000 shall be

2 for the Induction Linac Systems Experiment

3 project and related base programs; and

4 (B) not more than $5,000,000 shall be for

5 the engineering and design of a prototype iner6 tial fusion energy power plant.

7 (c) TOKAMAK PHYSICS EXPERIMENT.—(1) Except as

8 provided in paragraph (2), there are authorized to be ap9 propriated to the Secretary for the period encompassing

10 fiscal years 1995 through 2000 not to exceed

11 $700,000,000 from within the Fusion Energy Research

12 Program, to complete the design, development, and con13 struction of the Tokamak Physics Experiment.

14 (2) None of the funds described in paragraph (1) are

15 authorized to be appropriated for any fiscal year unless,

16 within 60 days after the submission of the President’s

17 budget request for that fiscal year, the Secretary—

18 (A) certifies to the Congress that—

19 (i) the technical goals of the design, devel20 opment, and construction are being met;

21 (ii) the design, development, and construc22 tion can be completed without further author23 ization of appropriations beyond amounts au24 thorized under paragraph (1); and
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1 (iii) the design, development, and construc2 tion can be completed by the end of fiscal year

3 2000; or

4 (B) submits to the Congress a report which de5 scribes—

6 (i) the circumstances which prevent a cer7 tification under subparagraph (A);

8 (ii) remedial actions undertaken or to be

9 undertaken with respect to such circumstances;

10 and

11 (iii) a justification for proceeding with the

12 program, if appropriate.

13 (d) CONSTRUCTION OF ITER.—No funds are author14 ized for the construction of ITER.

15 (e) LIMITATION ON MAGNETIC FUSION FACILI16 TIES.—No funds are authorized for the design, engineer17 ing, or construction of any magnetic fusion facility other

18 than ITER, facilities related to ITER, and the Tokamak

19 Physics Experiment. This limitation shall not apply to the

20 design or engineering of fusion materials irradiation test

21 facilities. Upon completion of the concept design for a fu22 sion materials irradiation test facility, the Secretary shall

23 transmit to the Congress a report which includes the esti24 mated cost for design, engineering, and construction of the

25 facility, the expected participation of international part-
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1 ners, and the planned dates for starting and completing

2 construction.

3 SEC. 209. REPEAL OF ADVISORY COMMITTEE.

4 Section 7 of the Magnetic Fusion Energy Engineer5 ing Act of 1980 (42 U.S.C. 9306), authorizing the Tech6 nical Panel on Magnetic Fusion, is repealed.

7 TITLE III—HIGH ENERGY AND

8 NUCLEAR PHYSICS

9 SEC. 301. SHORT TITLE.

10 This title may be cited as the ‘‘Department of Energy

11 High Energy and Nuclear Physics Authorization Act of

12 1994’’.

13 SEC. 302. DEFINITIONS.

14 For the purposes of this title—

15 (1) the term ‘‘CERN’’ means the European Or16 ganization for Nuclear Research;

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

18 necessary for completion of a project and its sup19 porting infrastructure, and includes conventional

20 construction and the fabrication, installation, test21 ing, and preoperation of technical sytems;

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

23 the design and construction of civil works, facilities,

24 and other infrastructure necessary to construct a

25 project, including tunnels, buildings, and roads, nec-
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1 essary to house and support the technical systems,

2 and utilities as necessary for the direct support of

3 elements of a project; and

4 (4) the term ‘‘Large Hadron Collider project’’

5 means the Large Hadron Collider project at CERN.

6 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

8 to be appropriated to the Secretary for high energy phys9 ics activities of the Department—

10 (1) $695,400,000 for fiscal year 1996;

11 (2) $719,700,000 for fiscal year 1997;

12 (3) $744,900,000 for fiscal year 1998; and

13 (4) $713,600,000 for fiscal year 1999.

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

15 be expended for the B-factory at the Stanford Linear Ac16 celerator Center and the Fermilab Main Injector. Funds

17 may also be expended for research, development, and plan18 ning for the Large Hadron Collider and its associated de19 tectors. No funds are authorized for United States partici20 pation in the construction and operation of the Large

21 Hadron Collider project until the Secretary certifies to the

22 Congress that there is an international agreement that in23 cludes the provisions described in section 304(a).
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1 (b) NUCLEAR PHYSICS.—There are authorized to be

2 appropriated to the Secretary for nuclear physics activities

3 of the Department—

4 (1) $337,100,000 for fiscal year 1996;

5 (2) $348,900,000 for fiscal year 1997;

6 (3) $361,100,000 for fiscal year 1998; and

7 (4) $373,700,000 for fiscal year 1999.

8 None of the funds authorized under paragraph (2), (3),

9 or (4) are authorized to be appropriated for facility oper10 ations of the Los Alamos Meson Physics Facility. Funds

11 authorized under paragraphs (1) through (4) may be ex12 pended for the Relativistic Heavy Ion Collider at

13 Brookhaven National Laboratory.

14 (c) LIMITATION ON MAJOR CONSTRUCTION

15 PROJECTS.—No funds may be expended for the construc16 tion and operation of any high energy and nuclear physics

17 facility construction project of the Department, with total

18 project expenditures projected to be in excess of

19 $100,000,000, unless funds are specifically authorized for

20 such purposes in an Act that is not an appropriations Act.

21 Funds authorized under subsections (a) and (b) may be

22 expended for preliminary research, development, and plan23 ning for such projects.
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1 SEC. 304. THE LARGE HADRON COLLIDER PROJECT.

2 (a) NEGOTIATIONS.—The Secretary, in consultation

3 with the Director of the National Science Foundation and

4 the Secretary of State, shall enter into negotiations with

5 CERN concerning United States participation in the plan6 ning and construction of the Large Hadron Collider

7 project, and shall ensure that any agreement incorporates

8 provisions to protect the United States investment in the

9 project, including provisions for—

10 (1) fair allocation of costs and benefits among

11 project participants;

12 (2) a limitation on the amount of United States

13 contribution to project construction and an estimate

14 of the United States contribution to subsequent op15 erating costs;

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

17 total project;

18 (4) a preliminary statement of costs and the

19 schedule for all component design, testing, and fab20 rication, including technical goals and milestones,

21 and a final statement of such costs and schedule

22 within 1 year after the date on which the parties

23 enter into the agreement;

24 (5) a preliminary statement of costs and the

25 schedule for total project construction and operation,

26 including technical goals and milestones, and a final
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1 statement of such costs and schedule within 1 year

2 after the date on which the parties enter into the

3 agreement;

4 (6) reconsideration of the extent of United

5 States participation if technical or operational mile6 stones described in paragraphs (4) and (5) are not

7 met, or if the project falls significantly behind sched8 ule;

9 (7) conditions of access for United States and

10 other scientists to the facility; and

11 (8) a process for addressing international co12 ordination and cost sharing on high energy physics

13 projects beyond the Large Hadron Collider.

14 (b) OTHER INTERNATIONAL NEGOTIATIONS.—Noth15 ing in this Act shall be construed to preclude the President

16 from entering into negotiations with respect to inter17 national science agreements.

18 (c) REQUIREMENT.—The Director of the Office of

19 Science and Technology Policy shall report, within 3

20 months after the date of enactment of this Act, to the

21 Committee on Science, Space, and Technology of the

22 House of Representatives and to the Committee on Com23 merce, Science, and Transportation of the Senate on spe24 cific goals for international coordination in megascience

25 projects, including an action plan needed to achieve these
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1 goals. The action plan shall address such issues as cost

2 sharing and financial support, site location, access, and

3 management of megascience facilities.

4 SEC. 305. OPERATING PLAN.

5 Within 30 days after the date of the enactment of

6 any Act appropriating funds for the high energy or nuclear

7 physics activities of the Department, the Secretary shall

8 transmit to the Committee on Science, Space, and Tech9 nology of the House of Representatives and the Committee

10 on Energy and Natural Resources of the Senate a plan

11 for the operations of the high energy and nuclear physics

12 activities of the Department, as adjusted to reflect the

13 amounts appropriated for such purposes by such Act.

14 SEC. 306. LONG-RANGE PLANNING AND GOVERNANCE.

15 (a) PROGRAM GOVERNANCE REVIEW.—

16 (1) REQUIREMENT.—The Secretary shall con17 tract with an appropriate independent organization

18 to review the governance of all elements of the De19 partment’s high energy and nuclear physics pro20 grams. Such review shall include—

21 (A) an evaluation of the staff allocation

22 and funding balance among facility operations,

23 construction, and research support; and

24 (B) an analysis of the extent to which the

25 Department’s high energy and nuclear physics
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1 advisory groups represent the diversity of, and

2 the full range of interests among, high energy

3 and nuclear physics researchers.

4 (2) REPORT TO CONGRESS.—The Secretary

5 shall submit a report to Congress within 18 months

6 after the date of enactment of this Act detailing the

7 results of the review required by this section, includ8 ing recommendations for implementing the results

9 and schedules for such implementation.

10 (b) LONG-RANGE PLAN.—

11 (1) REQUIREMENT.—The Secretary, in con12 sultation with the high energy and nuclear physics

13 communities, shall prepare a long-range plan for the

14 Department of Energy high energy and nuclear

15 physics programs based on current and projected

16 program funding levels. The Secretary shall coordi17 nate the preparation of the plan with the Director

18 of the National Science Foundation, as appropriate,

19 to ensure that long-range planning efforts and objec20 tives for the entire Federal high energy and nuclear

21 physics program are appropriately integrated. The

22 plan shall be modified every 3 years. The long-range

23 plan shall include—
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1 (A) a list of research opportunities to be

2 pursued, including both ongoing and proposed

3 activities, listed in order of priority;

4 (B) an analysis of the relevance of each re5 search facility to the research opportunities list6 ed under subparagraph (A);

7 (C) a statement of the optimal balance for

8 the fiscal year in which the report is submitted

9 among facility operations, construction, and re10 search support and the optimal balance between

11 university and laboratory research programs;

12 (D) schedules for continuation, consolida13 tion, or termination of each major category of

14 research programs, and continuation, upgrade,

15 transfer, or closure of each research facility;

16 (E) a statement by project of efforts to co17 ordinate research projects with the international

18 community to maximize the use of limited re19 sources and avoid unproductive duplication of

20 efforts;

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

22 plan modifications differ from previous plans

23 submitted under this subsection, along with an

24 explanation for such differences; and

25 (G) an estimate of—
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1 (i) the number of scientists and grad2 uate students being supported by Federal

3 high energy and nuclear physics programs;

4 and

5 (ii) the number of scientists and grad6 uate students needed to carry out produc7 tive and sustainable research programs in

8 these fields over the next 10 years.

9 (2) REPORTS TO CONGRESS.—(A) The Sec10 retary shall transmit a copy of the original long11 range plan with the President’s annual budget re12 quest to Congress for fiscal year 1997. The plan as

13 modified shall be submitted with the President’s

14 budget request to Congress for every third fiscal

15 year thereafter.

16 (B) The Secretary shall transmit with the

17 President’s budget request to Congress each year a

18 report demonstrating the consistency of the current

19 long-range plan with the budget being requested for

20 the Department’s high energy and nuclear physics

21 programs.

22 (c) CAPITAL BUDGET ACCOUNT.—Each of the Presi23 dent’s annual budget requests to the Congress for high

24 energy physics activities of the Department, and for nu25 clear physics activities of the Department, shall distin-
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1 guish between the budget for capital expenditures, includ2 ing all ongoing and planned major construction and cap3 ital equipment items, and other activities.

4 TITLE IV—MISCELLANEOUS

5 PROVISIONS

6 SEC. 401. UNIVERSITY RADIATION SCIENCE AND TECH7 NOLOGY.

8 (a) FINDINGS.—The Congress finds that—

9 (1) the future of fusion energy and advanced

10 nuclear energy technology research and development

11 programs will rely heavily on a healthy and vibrant

12 university-based radiation science and nuclear engi13 neering academic program;

14 (2) nuclear engineering is a broad, diverse field

15 with unique academic requirements, including math16 ematics, physics, reactor engineering, nuclear mate17 rials, radiation protection, and reactivity control and

18 operations;

19 (3) nuclear engineering academic programs at

20 both undergraduate and graduate levels have de21 clined in terms of the number of students enrolling

22 in such programs, the number of schools offering

23 such programs, and the number of research reactors

24 available on university campuses;
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1 (4) the existing nuclear technical community

2 and faculties are aging, and new, younger graduates

3 are not entering the field, threatening the United

4 States technological superiority in this area;

5 (5) a robust, long-term fusion program will be

6 dependent on the availability of properly trained sci7 entific experts to carry on the program from the cur8 rent leaders in the field;

9 (6) in the 1950s and 1960s, the Federal Gov10 ernment was instrumental in founding and funding

11 the University Research Reactor program and the

12 Nuclear Engineering Education and Research pro13 gram, and as a primary user of the graduates of

14 these programs, continued strong support for these

15 programs for decades;

16 (7) the decline of Federal support for these pro17 grams has forced many universities to close down re18 search reactors and seriously erode the accompany19 ing academic programs;

20 (8) the current condition of the university re21 search reactors needs attention and funding to up22 grade instrumentation and safety features; and

23 (9) the Federal Government should continue its

24 fuel assistance program in order to avert further

25 hardships to the universities.
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1 (b) PURPOSES.—The purposes of this section are

2 to—

3 (1) provide Federal support and maintain and

4 upgrade the Nation’s Nuclear Engineering Edu5 cation and Research and University Research Reac6 tor programs, while continuing the University Reac7 tor Fuel Assistance program;

8 (2) combine these programs into a comprehen9 sive and cohesive national program which will sup10 port the future needs of the Nation across many sci11 entific and technological disciplines; and

12 (3) provide the nuclear engineering education

13 and university research reactor academic community

14 opportunities to consult and cooperate with the De15 partment of Energy and the national laboratories in

16 the decisionmaking and priority setting processes.

17 (c) PROGRAM DIRECTION.—

18 (1) COMBINING OF PROGRAMS.—The Secretary

19 shall combine the Nuclear Engineering Research and

20 Education program, the University Research Reac21 tor program, and the University Reactor Fuel As22 sistance program to form a new University Radi23 ation Science and Technology program to be in24 cluded as a separate and distinct part of the Univer25 sity and Science Education program.
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1 (2) COLLABORATION.—The Secretary, in devel2 oping the annual budget request and program plan

3 for the University Radiation Science and Technology

4 program, shall collaborate with the university radi5 ation science and technology community (including

6 academia, professional societies, and the national

7 laboratories).

8 (d) REPORTS.—

9 (1) COMPREHENSIVE PLAN.—The Secretary

10 shall request the Nuclear Engineering Education

11 Department Heads Organization and the National

12 Organization of Test, Research, and Training Reac13 tors to submit, within 60 days after the date of en14 actment of this Act, to the Congress and the Sec15 retary a minimum of a 5-year comprehensive na16 tional plan for the University Radiation Science and

17 Technology program. Such plan shall include com18 ments from industry and all appropriate professional

19 societies.

20 (2) PROGRAM PROPOSAL.—Within 120 days

21 after the submittal of the plan under paragraph (1),

22 the Secretary shall submit to the Congress a Univer23 sity Radiation Science and Technology program pro24 posal, which shall incorporate the plan submitted

25 under paragraph (1) and shall include comments
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1 from the National Academy of Sciences regarding

2 the completeness of the program proposal.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Secretary for car5 rying out the University Radiation Science and Tech6 nology Program $25,000,000 for fiscal year 1995,

7 $25,000,000 for fiscal year 1996, and $25,000,000 for fis8 cal year 1997.

9 SEC. 402. LIMITATION ON APPROPRIATIONS.

10 Notwithstanding any other provision of law, no funds

11 are authorized to be appropriated for carrying out the pro12 grams for which funds are authorized by this Act for any

13 fiscal year other than as provided by this Act.

14 SEC. 403. FOREIGN PARTICIPATION REPORT.

15 Within 1 year after the date of enactment of this Act,

16 and annually thereafter, the Secretary shall report to the

17 Congress on the status of foreign participation in and con18 tributions to projects for which funding is authorized

19 under this Act.

20 SEC. 403. MERIT REVIEW REQUIREMENT FOR AWARDS OF

21 FINANCIAL ASSISTANCE.

22 (a) MERIT REVIEW REQUIREMENT.—Except as pro23 vided in sections 204 and 205, the Secretary may not

24 award financial assistance to any person under this Act

25 for research, development, or precommercial demonstra-
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1 tion activities, including related facility construction, un2 less an objective merit review process is used to award the

3 financial assistance.

4 (b) REQUIREMENT OF SPECIFIC MODIFICATION OF

5 MERIT REVIEW PROVISION.—

6 (1) IN GENERAL.—A provision of law may not

7 be construed as modifying or superseding subsection

8 (a), or as requiring that financial assistance be

9 awarded by the Secretary in a manner inconsistent

10 with subsection (a), unless such provision of law—

11 (A) specifically refers to this section;

12 (B) specifically states that such provision

13 of law modifies or supersedes subsection (a);

14 and

15 (C) specifically identifies the person to be

16 awarded the financial assistance and states that

17 the financial assistance to be awarded pursuant

18 to such provision of law is being awarded in a

19 manner inconsistent with subsection (a).

20 (2) NOTICE AND WAIT REQUIREMENT.—No fi21 nancial assistance may be awarded pursuant to a

22 provision of law that requires or authorizes the

23 award of the financial assistance in a manner incon24 sistent with subsection (a) until—
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1 (A) the Secretary submits to the Congress

2 a written notice of the Secretary’s intent to

3 award the financial assistance; and

4 (B) 180 days has elapsed after the date on

5 which the notice is received by the Congress.

6 (c) DEFINITIONS.—For purposes of this section:

7 (1) The term ‘‘objective merit review process’’

8 means a thorough, consistent, and independent ex9 amination of requests for financial assistance based

10 on pre-established criteria and scientific and tech11 nical merit by persons knowledgeable in the field for

12 which the financial assistance is requested.

13 (2) The term ‘‘financial assistance’’ means the

14 transfer of funds or property to a recipient or sub15 recipient to accomplish a public purpose of support

16 or stimulation authorized by Federal law. Such term

17 includes grants, cooperative agreements, and

18 subawards but does not include cooperative research

19 and development agreements as defined in sub-
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1 section 12(d)(1) of the Stevenson-Wydler Technology

2 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, deother purposes. grams, of the Department of Energy, and for high energy physics and nuclear physics pro- velopment, and demonstration programs, and the