Union Calendar No. 365

103D CONGRESS

2D SESSION H.R. 4908

[Report No. 103–674]

A BILL

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

AUGUST 5, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 365

103D CONGRESS

2D SESSION H. R. 4908

[Report No. 103–674]

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.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 5, 1994

Mrs. Lloyd (for herself, Mr. BOUCHER, Mr. BROWN of California, Mr. WALKER, and Mr. BOEHLERT) introduced the following bill; which was referred

to the Committee on Science, Space, and Technology

AUGUST 5, 1994

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Hydrogen, Fusion, and

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

4 SEC. 2. GENERAL FINDINGS.

5 The Congress finds that—

6 (1) by the year 2050, the world will need to

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

8 presently produced to meet minimum requirements

9 for food, shelter, transportation, and economic secu10 rity;

11 (2) meeting the increased energy demands of

12 the year 2050 cannot be achieved without substan13 tial environmental degradation unless there is a

14 massive shift from dependence on fossil fuels which

15 today provide more than three-quarters of all energy

16 supply;

17 (3) a wide variety of nonfossil fuel energy tech18 nologies must be developed to meet the expected de19 mand of the year 2050;

20 (4) the Federal Government has a responsibility

21 to fund research in energy technologies to help meet

22 future expected energy demand where the technical

23 or economic risks of development are too high, or

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

25 by the private sector, or where the benefits accrue
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1 to all and cannot be recouped by a private investor;

2 and

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

4 variety of nonfossil energy technologies, the Federal

5 Government’s investment in all energy supply re6 search and development (including fossil fuels) has

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

8 the last 14 years.

9 SEC. 3. DEFINITIONS.

10 For purposes of this Act—

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

12 means any concepts for the production of energy

13 based on the fusing of atomic nuclei other than to14 roidal magnetic fusion concepts, including heavy ion

15 inertial fusion, aneutronic fusion, and electrostatic

16 fusion;

17 (2) the term ‘‘demonstration’’ means a dem18 onstration to determine technological and economic

19 feasibility;

20 (3) the term ‘‘Department’’ means the Depart21 ment of Energy;

22 (4) the term ‘‘Fusion Energy Research Pro23 gram’’ means the program described in section 203;
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1 (5) the term ‘‘host country’’ means the country

2 selected by the international partners as the site for

3 the ITER facility;

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

5 the United States, the European Atomic Energy

6 Community, Japan, and the Russian Federation;

7 (7) the term ‘‘ITER’’ means the International

8 Thermonuclear Experimental Reactor;

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

10 based on toroidal confinement concepts;

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

12 of Energy; and

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

14 means a facility to replace the Tokamak Fusion Test

15 Reactor which is designed to be capable of conduct16 ing experiments on reactions with a pulse length of

17 at least 15 minutes and demonstrating a more com18 pact and efficient magnetic fusion reactor design.

19 TITLE I—HYDROGEN ENERGY

20 RESEARCH PROGRAM

21 SEC. 101. SHORT TITLE.

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

23 of 1994’’.

24 SEC. 102. FINDINGS.

25 The Congress finds that—
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1 (1) fossil fuels, the main energy source of the

2 present, have provided this country with tremendous

3 supply but are limited and polluting, and their pro4 duction and utilization technologies are mature;

5 (2) the basic scientific fundamentals are needed

6 for private sector investment and development of

7 new and better energy sources and enabling tech8 nologies;

9 (3) hydrogen holds tremendous promise as a

10 new and better energy source because it secures a

11 practically infinite supply from water and combusts

12 purely to water;

13 (4) hydrogen production efficiency is a major

14 technical barrier to society collectively benefitting

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

16 (5) an aggressive, results-oriented, multiyear re17 search initiative on efficient hydrogen fuel produc18 tion and use should continue; and

19 (6) the current Federal effort to develop hydro20 gen as a fuel is inadequate.

21 SEC. 103. PURPOSES.

22 The purposes of this title are—

23 (1) to provide for the development and dem24 onstration of the processes and technologies needed

25 to produce, store, transport, and utilize hydrogen for
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1 transportation, industrial, residential, and utility ap2 plications; and

3 (2) to foster industry participation during each

4 stage of the Department of Energy hydrogen re5 search, development, and demonstration program to

6 ensure that technology transfer to the private sector

7 occurs to develop viable, marketable products.

8 SEC. 104. RESEARCH, DEVELOPMENT, AND DEMONSTRA9 TION.

10 (a) PROGRAM GOAL.—The goal of the program de11 scribed in this section is the demonstration, by the year

12 2000, of the practicability of utilizing hydrogen for trans13 portation, industrial, residential and utility applications on

14 a broad scale.

15 (b) PRODUCTION.—The Secretary shall support hy16 drogen energy production research, development, and

17 demonstration in the following areas, including funding

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

19 (1) Photoconversion.

20 (2) Bioconversion.

21 (3) Electrolysis of water.

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

23 development, and demonstration of safe and economical

24 storage of hydrogen, both for onboard vehicle and station25 ary use. Such research, development, and demonstration
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1 should be aimed at improving existing methods and devel2 oping new approaches in each of the following areas, in3 cluding funding for at least 1 technical demonstration in

4 each such area:

5 (1) Hydrides and porous materials.

6 (2) Liquefaction and cryogenics.

7 (3) Compressed gas, especially low-temperature

8 dense gas.

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

10 microspheres, and phase change materials.

11 (d) USE.—The Secretary shall support hydrogen en12 ergy research, development, and demonstration for each

13 of the following uses, including funding for at least 1 tech14 nical demonstration in each such area:

15 (1) Fuel cell systems for stationary applica16 tions.

17 (2) Fuel cell systems for mobile applications.

18 (3) Electricity generation using hydrogen as a

19 fuel source for utility and industrial applications.

20 (4) Heating and cooling using hydrogen.

21 (e) TRANSPORTATION.—The Secretary shall support

22 research, development, and demonstration of safe, effi23 cient, and nonpolluting hydrogen-based transportation ve24 hicles of the following types, including funding for at least

25 1 technical demonstration of each such type:
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1 (1) An economically feasible, low emission

2 motor vehicle using hydrogen as a combustible power

3 supply, either in pure form or mixed with other

4 fuels, in a hybrid electric vehicle using a hydrogen

5 fuel cell.

6 (2) An economically feasible, zero emission or

7 low emission engine using hydrogen.

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

9 enactment of this Act, the Secretary shall solicit proposals

10 for carrying out the research and development activities

11 authorized under this section. Awards of financial assist12 ance shall be made within 1 year after such date of enact13 ment.

14 (g) COST SHARING.—(1) Except as otherwise pro15 vided in section 105, for research and development pro16 grams carried out under this title, the Secretary shall re17 quire a commitment from non-Federal sources of at least

18 20 percent of the cost of the project. The Secretary may

19 reduce or eliminate the non-Federal requirement under

20 this paragraph if the Secretary determines that the re21 search and development is of a basic or fundamental na22 ture.

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

24 of the costs directly and specifically related to any dem25 onstration project under this title to be provided from non-
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1 Federal sources. The Secretary may reduce the non-Fed2 eral requirement under this paragraph if the Secretary de3 termines that the reduction is necessary and appropriate

4 considering the technological risks involved in the project

5 and is necessary to serve the purposes and goals of this

6 title.

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

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

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

10 other resources.

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

12 title shall require the duplication of activities carried out

13 under otherwise authorized programs of the Department

14 of Energy.

15 SEC. 105. HIGHLY INNOVATIVE TECHNOLOGIES.

16 Of the amounts made available for carrying out sec17 tion 104, up to 5 percent may be used to support research

18 on highly innovative energy technologies. Such amounts

19 shall not be subject to the cost sharing requirements in

20 section 104(g).

21 SEC. 106. TECHNOLOGY TRANSFER.

22 The Secretary shall foster the exchange of generic,

23 nonproprietary information and technology developed pur24 suant to section 104, or other similiar Federal programs,
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1 among industry, academia, and the Federal Government

2 with regard to production and use of hydrogen.

3 SEC. 107. REPORTS TO CONGRESS.

4 Within 18 months after the date of enactment of this

5 Act, and annually thereafter, the Secretary shall transmit

6 to the Congress a detailed report on the status and

7 progress of the Department of Energy’s hydrogen re8 search, development, and demonstration programs. Such

9 report shall include an analysis of the effectiveness of such

10 programs, to be prepared and submitted by the Hydrogen

11 Technical Advisory Panel established under section 108

12 of the Spark M. Matsunaga Hydrogen Research, Develop13 ment, and Demonstration Act of 1990. Such Panel shall

14 also make recommendations for improvements to such

15 programs if needed, including recommendations for addi16 tional legislation.

17 SEC. 108. COORDINATION AND CONSULTATION.

18 (a) COORDINATION WITH OTHER FEDERAL AGEN19 CIES.—The Secretary shall coordinate all hydrogen re20 search, development, and demonstration activities with

21 other Federal agencies involved in similar research, devel22 opment, and demonstration, including the Department of

23 Defense and the National Aeronautics and Space Adminis24 tration.
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1 (b) CONSULTATION.—The Secretary shall consult

2 with the Hydrogen Technical Advisory Panel established

3 under section 108 of the Spark M. Matsunaga Hydrogen

4 Research, Development, and Demonstration Act of 1990

5 as necessary in carrying out this title.

6 SEC. 109. REPEAL.

7 Sections 104 and 105 of the Spark M. Matsunaga

8 Hydrogen Research, Development, and Demonstration Act

9 of 1990 are repealed.

10 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

11 (a) GENERAL AUTHORIZATION.—There are author12 ized to be appropriated, to carry out the purposes of this

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

14 purposes under other Acts—

15 (1) $12,000,000 for fiscal year 1995;

16 (2) $20,000,000 for fiscal year 1996;

17 (3) $40,000,000 for fiscal year 1997; and

18 (4) $60,000,000 for fiscal year 1998.

19 (b) RELATED AUTHORIZATIONS.—For each fiscal

20 year from 1995 through 1998, the total amount author21 ized to be appropriated for Energy Supply Research and

22 Development Activities shall not exceed $3,302,170,000.
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1 TITLE II—FUSION ENERGY

2 RESEARCH PROGRAM

3 SEC. 201. FINDINGS.

4 The Congress finds that—

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

6 technologies which could potentially provide safe,

7 abundant, environmentally sound, secure, and af8 fordable energy supplies in the future;

9 (2) in the last 16 years, fusion energy research10 ers have made significant progress toward realizing

11 magnetic fusion as a viable source of energy, in12 creasing power production from test reactors more

13 than a million-fold over that time period;

14 (3) while significant engineering, technical, and

15 scientific challenges remain to make fusion energy

16 commercially viable, limited funding remains the pri17 mary constraint to more rapid progress;

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

19 needed to demonstrate the commercial viability of

20 fusion energy will likely require a stable, predictable,

21 and sustained investment of government funding for

22 decades to come;

23 (5) while magnetic fusion is the leading fusion

24 technology, research on alternative fusion concepts

25 should continue to be supported;
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1 (6) opportunities to participate in international

2 fusion experiments can dramatically lower the cost

3 to the Federal Government of fusion energy re4 search;

5 (7) the United States must demonstrate that it

6 is a credible partner in international scientific pro7 grams by being able to make and keep long-term

8 commitments to funding and participation; and

9 (8) the United States should commit to partici10 pating in the siting, construction, and operation of

11 ITER as soon as practicable.

12 SEC. 202. PURPOSES.

13 The purposes of this title are—

14 (1) to provide direction and authorize appro15 priations for a broadly based fusion energy research,

16 development, and demonstration program;

17 (2) to ensure that alternative fusion concepts

18 receive adequate funding and management attention

19 from the Department of Energy;

20 (3) to provide an accelerated commitment to

21 United States participation in ITER and provide au22 thorization of appropriations for such activity con23 tingent on meeting program milestones; and

24 (4) to provide for the selection of a host coun25 try and establish a site selection process for ITER.
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1 SEC. 203. FUSION ENERGY RESEARCH PROGRAM.

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

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

4 Energy Research Program, including research, develop5 ment, and demonstration to demonstrate the technical and

6 economic feasibility of producing safe, environmentally

7 sound, and affordable energy from fusion.

8 (b) PROGRAM GOALS.—The goals of the Fusion En9 ergy Research Program are to demonstrate by the year

10 2010 the practicability of commercial electric power pro11 duction and to lead to commercial production of fusion

12 energy by the year 2040.

13 (c) PROGRAM ELEMENTS.—The Fusion Energy Re14 search Program shall consist of the following elements:

15 (1) Research, development, and demonstration

16 on magnetic fusion energy technology, including—

17 (A) research on plasma physics and con18 trol, confinement, ignition, and burning;

19 (B) the design, construction, and operation

20 of experimental fusion reactors, including the

21 Tokamak Physics Experiment, and the develop22 ment of special materials for such reactors, the

23 facilities to develop such materials, and the de24 velopment of components which support the op25 eration of such reactors, such as diagnostic and

26 remote maintenance equipment; and
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1 (C) participation by the United States in2 dustrial sector in the design and construction of

3 fusion reactors, and cooperation with utilities.

4 (2) Research, development, and demonstration

5 of alternative fusion concepts, to be administered

6 through a Program Director for Alternative Fusion

7 Research, including research and development need8 ed to build and test an Induction Linac Systems Ex9 periment, and for systems engineering and design of

10 a prototype inertial fusion energy power plant suit11 able for the eventual development of a heavy ion

12 based commercial power plant, for the purpose of

13 developing heavy ion inertial fusion energy.

14 (3) Participation in the design, construction,

15 and operation of ITER with the goal of ITER be16 coming operational by the year 2005.

17 SEC. 204. INDEPENDENT REVIEW OF FUSION TECH18 NOLOGIES.

19 Within 6 months after the date of enactment of this

20 Act, the Secretary shall contract with the National Acad21 emy of Sciences to conduct a study, to be completed within

22 18 months after such contract is executed, which—

23 (1) examines the various magnetic fusion tech24 nologies and alternative fusion concepts to assess

25 their current state of development;
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1 (2) evaluates the potential of such technologies

2 and concepts to become commercially viable sources

3 of energy in the future;

4 (3) identifies research and development goals

5 and priorities, and the range of probable costs and

6 time scales needed to achieve commercial viability;

7 and

8 (4) reviews facilities formerly proposed by the

9 Department of Energy for construction during the

10 past 10 years, comparing their proposed capabilities

11 and the justification offered for such proposals with

12 the rationale for the subsequent withdrawal of the

13 proposals.

14 SEC. 205. NATIONAL ACADEMY OF SCIENCES STUDY.

15 Within 6 months after the date of enactment of this

16 Act, the Secretary shall contract with the National Acad17 emy of Sciences to conduct a study, to be completed within

18 18 months after such contract is executed, which examines

19 the status and promise of other energy sources, including

20 deuterated metal, and improvements in the efficient use

21 of energy which could affect our national energy needs on

22 the same time scale and quantity as projected fusion en23 ergy development, and which identifies priorities for re24 search on other energy sources and energy-efficient de25 vices and practices.
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1 SEC. 206. ITER SITE SELECTION PROCESS.

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

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

4 submit to Congress a study which compares the technical

5 and scientific advantages and disadvantages and the eco6 nomic costs and benefits to the United States of siting

7 ITER in the United States with siting ITER outside of

8 the United States. Such study shall include the consider9 ation of the impact on employment of constructing ITER

10 in the United States, the effect of manufacturing major

11 ITER subsystems (such as superconducting magnets) in

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

13 States funding requirements for participation in ITER.

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

15 shall seek to reach an agreement with the international

16 partners which provides for—

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

18 site ITER by October, 1995;

19 (2) the equitable distribution of economic and

20 technological benefits among the international part21 ners, including the siting and construction of ITER

22 and related facilities and the manufacture of major

23 ITER subsystems;

24 (3) substantial United States industry and util25 ity involvement in the design, construction, and op26 eration of ITER to ensure United States industry
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1 and utility expertise in the technologies developed;

2 and

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

4 activities by 1998.

5 (c) UNITED STATES SITE SELECTION.—The Sec6 retary shall—

7 (1) immediately initiate a process for identify8 ing candidate sites within the United States which

9 meet the site requirements for the construction and

10 operation of ITER; and

11 (2) propose within 90 days after the date of en12 actment of this Act a process for selection of a site

13 within the United States by June, 1996, if the Unit14 ed States is selected as the host country for ITER

15 pursuant to the international agreement described in

16 subsection (b).

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

18 provide to Congress, within 90 days following the comple19 tion of site-specific design activities, a detailed estimate

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

21 States of the construction and operation of ITER based

22 on final site-specific engineering and construction designs.

23 SEC. 207. REPORTS AND MISCELLANEOUS PROVISIONS.

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

25 date of enactment of this Act, the Secretary shall submit
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1 to Congress a report on the feasibility of conducting a par2 allel design effort on the Tokamak Physics Experiment to

3 augment the capabilities of or accelerate construction of

4 the Tokamak Physics Experiment in the event that an

5 international agreement cannot be reached on the site se6 lection or construction of ITER.

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

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

9 the Secretary shall prepare and submit to the Congress

10 a report on the Fusion Energy Research Program and the

11 progress it has made in meeting the goals and require12 ments of this title.

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

14 Secretary of Defense, the Secretary shall review the re15 search and development activities of the defense Inertial

16 Confinement Fusion Program to determine the potential

17 of such activities to contribute to the civilian Inertial Fu18 sion Energy Program.

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

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

21 of Defense, shall submit a report to Congress with rec22 ommendations for sharing budget and other resources in

23 order to enhance the civilian energy applications of the

24 defense Inertial Confinement Fusion Program.
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1 (d) DUPLICATION OF ACTIVITIES.—Nothing in this

2 title shall require the duplication of activities carried out

3 under otherwise authorized programs of the Department

4 of Energy.

5 SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

6 (a) FUSION ENERGY RESEARCH PROGRAM.—There

7 are authorized to be appropriated to the Secretary for car8 rying out the Fusion Energy Research Program

9 $376,563,000 for fiscal 1995, $425,000,000 for fiscal

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

11 (b) ALTERNATIVE FUSION RESEARCH.—From the

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

13 to be appropriated to the Secretary for carrying out the

14 Alternative Fusion Research Program under section

15 203(c)(2)—

16 (1) $10,000,000 for fiscal year 1995 for the In17 duction Linac Systems Experiment project and re18 lated base programs, and for the engineering and

19 design of a prototype inertial fusion energy power

20 plant;

21 (2) $30,000,000 for fiscal year 1996, of

22 which—

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

24 for the Induction Linac Systems Experiment

25 project and related base programs; and
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1 (B) not more than $5,000,000 shall be for

2 the engineering and design of a prototype iner3 tial fusion energy power plant; and

4 (3) $33,000,000 for fiscal year 1997, of

5 which—

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

7 for the Induction Linac Systems Experiment

8 project and related base programs; and

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

10 the engineering and design of a prototype iner11 tial fusion energy power plant.

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

13 provided in paragraph (2), there are authorized to be ap14 propriated to the Secretary for the period encompassing

15 fiscal years 1995 through 2000 not to exceed

16 $700,000,000, to complete the design, development, and

17 construction of the Tokamak Physics Experiment.

18 (2) None of the funds are authorized to be appro19 priated for any fiscal year under paragraph (1) unless,

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

21 budget request for that fiscal year, the Secretary—

22 (A) certifies to the Congress that—

23 (i) the technical goals of the design, devel24 opment, and construction are being met;
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1 (ii) the design, development, and construc2 tion can be completed without further author3 ization of appropriations beyond amounts au4 thorized under paragraph (1); and

5 (iii) the design, development, and construc6 tion can be completed by the end of fiscal year

7 2000; or

8 (B) submits to the Congress a report which de9 scribes—

10 (i) the circumstances which prevent a cer11 tification under subparagraph (A);

12 (ii) remedial actions undertaken or to be

13 undertaken with respect to such circumstances;

14 and

15 (iii) a justification for proceeding with the

16 program, if appropriate.

17 (d) CONSTRUCTION OF ITER.—No funds are author18 ized for the construction of ITER.

19 (e) LIMITATION ON MAGNETIC FUSION FACILI20 TIES.—No funds are authorized for the design, engineer21 ing, or construction of any magnetic fusion facility other

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

23 Physics Experiment.
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1 SEC. 209. REPEAL OF ADVISORY COMMITTEE.

2 Section 7 of the Magnetic Fusion Energy Engineer3 ing Act of 1980 (42 U.S.C. 9306), authorizing the Tech4 nical Panel on Magnetic Fusion, is repealed.

5 TITLE III—HIGH ENERGY AND

6 NUCLEAR PHYSICS

7 SEC. 301. SHORT TITLE.

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

9 High Energy and Nuclear Physics Authorization Act of

10 1994’’.

11 SEC. 302. DEFINITIONS.

12 For the purposes of this title—

13 (1) the term ‘‘CERN’’ means the European Or14 ganization for Nuclear Research;

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

16 necessary for completion of a project and its sup17 porting infrastructure, and includes conventional

18 construction and the fabrication, installation, test19 ing, and preoperation of technical sytems;

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

21 the design and construction of civil works, facilities,

22 and other infrastructure necessary to construct a

23 project, including tunnels, buildings, and roads, nec24 essary to house and support the technical systems,

25 and utilities as necessary for the direct support of

26 elements of a project; and
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1 (4) the term ‘‘Large Hadron Collider project’’

2 means the Large Hadron Collider project at CERN.

3 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

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

5 to be appropriated to the Secretary for high energy phys6 ics activities of the Department—

7 (1) $695,400,000 for fiscal year 1996;

8 (2) $719,700,000 for fiscal year 1997;

9 (3) $744,900,000 for fiscal year 1998; and

10 (4) $713,600,000 for fiscal year 1999.

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

12 be expended for the B-factory at the Stanford Linear Ac13 celerator Center and the Fermilab Main Injector. Funds

14 may also be expended for research, development, and plan15 ning for the Large Hadron Collider and its associated de16 tectors. No funds are authorized for United States partici17 pation in the construction and operation of the Large

18 Hadron Collider project until the Secretary certifies to the

19 Congress that there is an international agreement that in20 cludes the provisions described in section 304(a).

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

22 appropriated to the Secretary for nuclear physics activities

23 of the Department—

24 (1) $337,100,000 for fiscal year 1996;

25 (2) $348,900,000 for fiscal year 1997;
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1 (3) $361,100,000 for fiscal year 1998; and

2 (4) $373,700,000 for fiscal year 1999.

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

4 or (4) are authorized to be appropriated for facility oper5 ations of the Los Alamos Meson Physics Facility. Funds

6 authorized under paragraphs (1) through (4) may be ex7 pended for the Relativistic Heavy Ion Collider at

8 Brookhaven National Laboratory.

9 (c) LIMITATION ON MAJOR CONSTRUCTION

10 PROJECTS.—No funds may be expended for the construc11 tion and operation of any high energy and nuclear physics

12 facility construction project of the Department, with total

13 project expenditures projected to be in excess of

14 $100,000,000, unless funds are specifically authorized for

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

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

17 expended for preliminary research, development, and plan18 ning for such projects.

19 SEC. 304. THE LARGE HADRON COLLIDER PROJECT.

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

21 with the Director of the National Science Foundation and

22 the Secretary of State, shall enter into negotiations with

23 CERN concerning United States participation in the plan24 ning and construction of the Large Hadron Collider

25 project, and shall ensure that any agreement incorporates
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1 provisions to protect the United States investment in the

2 project, including provisions for—

3 (1) fair allocation of costs and benefits among

4 project participants;

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

6 contribution to project construction and an estimate

7 of the United States contribution to subsequent op8 erating costs;

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

10 total project;

11 (4) a preliminary statement of costs and the

12 schedule for all component design, testing, and fab13 rication, including technical goals and milestones,

14 and a final statement of such costs and schedule

15 within 1 year after the date on which the parties

16 enter into the agreement;

17 (5) a preliminary statement of costs and the

18 schedule for total project construction and operation,

19 including technical goals and milestones, and a final

20 statement of such costs and schedule within 1 year

21 after the date on which the parties enter into the

22 agreement;

23 (6) reconsideration of the extent of United

24 States participation if technical or operational mile25 stones described in paragraphs (4) and (5) are not
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1 met, or if the project falls significantly behind sched2 ule;

3 (7) conditions of access for United States and

4 other scientists to the facility; and

5 (8) a process for addressing international co6 ordination and cost sharing on high energy physics

7 projects beyond the Large Hadron Collider.

8 (b) OTHER INTERNATIONAL NEGOTIATIONS.—Noth9 ing in this Act shall be construed to preclude the President

10 from entering into negotiations with respect to inter11 national science agreements.

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

13 Science and Technology Policy shall report, within 3

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

15 Committee on Science, Space, and Technology of the

16 House of Representatives and to the Committee on Com17 merce, Science, and Transportation of the Senate on spe18 cific goals for international coordination in megascience

19 projects, including an action plan needed to achieve these

20 goals. The action plan shall address such issues as cost

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

22 management of megascience facilities.

23 SEC. 305. OPERATING PLAN.

24 Within 30 days after the date of the enactment of

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

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

4 on Energy and Natural Resources of the Senate a plan

5 for the operations of the high energy and nuclear physics

6 activities of the Department, as adjusted to reflect the

7 amounts appropriated for such purposes by such Act.

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

9 (a) PROGRAM GOVERNANCE REVIEW.—

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

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

15 (A) an evaluation of the staff allocation

16 and funding balance among facility operations,

17 construction, and research support; and

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

19 Department’s high energy and nuclear physics

20 advisory groups represent the diversity of, and

21 the full range of interests among, high energy

22 and nuclear physics researchers.

23 (2) REPORT TO CONGRESS.—The Secretary

24 shall submit a report to Congress within 18 months

25 after the date of enactment of this Act detailing the
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1 results of the review required by this section, includ2 ing recommendations for implementing the results

3 and schedules for such implementation.

4 (b) LONG-RANGE PLAN.—

5 (1) REQUIREMENT.—The Secretary, in con6 sultation with the high energy and nuclear physics

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

8 Department of Energy high energy and nuclear

9 physics programs based on current and projected

10 program funding levels. The Secretary shall coordi11 nate the preparation of the plan with the Director

12 of the National Science Foundation, as appropriate,

13 to ensure that long-range planning efforts and objec14 tives for the entire Federal high energy and nuclear

15 physics program are appropriately integrated. The

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

17 plan shall include—

18 (A) a list of research opportunities to be

19 pursued, including both ongoing and proposed

20 activities, listed in order of priority;

21 (B) an analysis of the relevance of each re22 search facility to the research opportunities list23 ed under subparagraph (A);

24 (C) a statement of the optimal balance for

25 the fiscal year in which the report is submitted
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1 among facility operations, construction, and re2 search support and the optimal balance between

3 university and laboratory research programs;

4 (D) schedules for continuation, consolida5 tion, or termination of each major category of

6 research programs, and continuation, upgrade,

7 transfer, or closure of each research facility;

8 (E) a statement by project of efforts to co9 ordinate research projects with the international

10 community to maximize the use of limited re11 sources and avoid unproductive duplication of

12 efforts;

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

14 plan modifications differ from previous plans

15 submitted under this subsection, along with an

16 explanation for such differences; and

17 (G) an estimate of—

18 (i) the number of scientists and grad19 uate students being supported by Federal

20 high energy and nuclear physics programs;

21 and

22 (ii) the number of scientists and grad23 uate students needed to carry out produc24 tive and sustainable research programs in

25 these fields over the next 10 years.
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1 (2) REPORTS TO CONGRESS.—(A) The Sec2 retary shall transmit a copy of the original long3 range plan with the President’s annual budget re4 quest to Congress for fiscal year 1997. The plan as

5 modified shall be submitted with the President’s

6 budget request to Congress for every third fiscal

7 year thereafter.

8 (B) The Secretary shall transmit with the

9 President’s budget request to Congress each year a

10 report demonstrating the consistency of the current

11 long-range plan with the budget being requested for

12 the Department’s high energy and nuclear physics

13 programs.

14 (c) CAPITAL BUDGET ACCOUNT.—Each of the Presi15 dent’s annual budget requests to the Congress for high

16 energy physics activities of the Department, and for nu17 clear physics activities of the Department, shall distin18 guish between the budget for capital expenditures, includ19 ing all ongoing and planned major construction and cap20 ital equipment items, and other activities.

21 TITLE IV—MISCELLANEOUS

22 PROVISIONS

23 SEC. 401. UNIVERSITY RADIATION SCIENCE AND TECH24 NOLOGY.

25 (a) FINDINGS.—The Congress finds that—
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1 (1) the future of fusion energy and advanced

2 nuclear energy technology research and development

3 programs will rely heavily on a healthy and vibrant

4 university-based radiation science and nuclear engi5 neering academic program;

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

7 with unique academic requirements, including math8 ematics, physics, reactor engineering, nuclear mate9 rials, radiation protection, and reactivity control and

10 operations;

11 (3) nuclear engineering academic programs at

12 both undergraduate and graduate levels have de13 clined in terms of the number of students enrolling

14 in such programs, the number of schools offering

15 such programs, and the number of research reactors

16 available on university campuses;

17 (4) the existing nuclear technical community

18 and faculties are aging, and new, younger graduates

19 are not entering the field, threatening the United

20 States technological superiority in this area;

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

22 dependent on the availability of properly trained sci23 entific experts to carry on the program from the cur24 rent leaders in the field;
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1 (6) in the 1950s and 1960s, the Federal Gov2 ernment was instrumental in founding and funding

3 the University Research Reactor program and the

4 Nuclear Engineering Education and Research pro5 gram, and as a primary user of the graduates of

6 these programs, continued strong support for these

7 programs for decades;

8 (7) the decline of Federal support for these pro9 grams has forced many universities to close down re10 search reactors and seriously erode the accompany11 ing academic programs;

12 (8) the current condition of the university re13 search reactors needs attention and funding to up14 grade instrumentation and safety features; and

15 (9) the Federal Government should continue its

16 fuel assistance program in order to avert further

17 hardships to the universities.

18 (b) PURPOSES.—The purposes of this section are

19 to—

20 (1) provide Federal support and maintain and

21 upgrade the Nation’s Nuclear Engineering Edu22 cation and Research and University Research Reac23 tor programs, while continuing the University Reac24 tor Fuel Assistance program;
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1 (2) combine these programs into a comprehen2 sive and cohesive national program which will sup3 port the future needs of the Nation across many sci4 entific and technological disciplines; and

5 (3) provide the nuclear engineering education

6 and university research reactor academic community

7 opportunities to consult and cooperate with the De8 partment of Energy and the national laboratories in

9 the decisionmaking and priority setting processes.

10 (c) PROGRAM DIRECTION.—

11 (1) COMBINING OF PROGRAMS.—The Secretary

12 shall combine the Nuclear Engineering Research and

13 Education program, the University Research Reac14 tor program, and the University Reactor Fuel As15 sistance program to form a new University Radi16 ation Science and Technology program to be in17 cluded as a separate and distinct part of the Univer18 sity and Science Education program.

19 (2) COLLABORATION.—The Secretary, in devel20 oping the annual budget request and program plan

21 for the University Radiation Science and Technology

22 program, shall collaborate with the university radi23 ation science and technology community (including

24 academia, professional societies, and the national

25 laboratories).
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1 (d) REPORTS.—

2 (1) COMPREHENSIVE PLAN.—The Secretary

3 shall request the Nuclear Engineering Education

4 Department Heads Organization and the National

5 Organization of Test, Research, and Training Reac6 tors to submit, within 60 days after the date of en7 actment of this Act, to the Congress and the Sec8 retary a minimum of a 5-year comprehensive na9 tional plan for the University Radiation Science and

10 Technology program. Such plan shall include com11 ments from industry and all appropriate professional

12 societies.

13 (2) PROGRAM PROPOSAL.—Within 120 days

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

15 the Secretary shall submit to the Congress a Univer16 sity Radiation Science and Technology program pro17 posal, which shall incorporate the plan submitted

18 under paragraph (1) and shall include comments

19 from the National Academy of Sciences regarding

20 the completeness of the program proposal.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated to the Secretary for car23 rying out the University Radiation Science and Tech24 nology Program $25,000,000 for fiscal year 1995,
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1 $25,000,000 for fiscal year 1996, and $25,000,000 for fis2 cal year 1997.

3 SEC. 402. LIMITATION ON APPROPRIATIONS.

4 Notwithstanding any other provision of law, no funds

5 are authorized to be appropriated for carrying out the pro6 grams for which funds are authorized by this Act for any

7 fiscal year other than as provided by this Act.

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