Union Calendar No. 365
103D CONGRESS
2D SESSION
H.R. 4908
[Report No. 103–674]
A BILL
To authorize the hydrogen and fusion research, de-
velopment, and demonstration programs, and the
high energy physics and nuclear physics pro-
grams, of the Department of Energy, and for
other purposes.
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 demonstra-
tion programs, and the high energy physics and nuclear physics pro-
grams, 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. WALK-
ER, 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 phys-
ics and nuclear physics programs, of the Department
of Energy, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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 secu-
rity;
(2) meeting the increased energy demands of
the year 2050 cannot be achieved without substan-
tial 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 tech-
nologies must be developed to meet the expected de-
mand 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
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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 re-
search 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 to-
roidal magnetic fusion concepts, including heavy ion
inertial fusion, aneutronic fusion, and electrostatic
fusion;
(2) the term ‘‘demonstration’’ means a dem-
onstration to determine technological and economic
feasibility;
(3) the term ‘‘Department’’ means the Depart-
ment of Energy;
(4) the term ‘‘Fusion Energy Research Pro-
gram’’ means the program described in section 203;
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(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 conduct-
ing experiments on reactions with a pulse length of
at least 15 minutes and demonstrating a more com-
pact 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—
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(1) fossil fuels, the main energy source of the
present, have provided this country with tremendous
supply but are limited and polluting, and their pro-
duction 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 tech-
nologies;
(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 re-
search initiative on efficient hydrogen fuel produc-
tion and use should continue; and
(6) the current Federal effort to develop hydro-
gen as a fuel is inadequate.
SEC. 103. PURPOSES.
The purposes of this title are—
(1) to provide for the development and dem-
onstration of the processes and technologies needed
to produce, store, transport, and utilize hydrogen for
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transportation, industrial, residential, and utility ap-
plications; and
(2) to foster industry participation during each
stage of the Department of Energy hydrogen re-
search, development, and demonstration program to
ensure that technology transfer to the private sector
occurs to develop viable, marketable products.
SEC. 104. RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION.
(a) PROGRAM GOAL.—The goal of the program de-
scribed in this section is the demonstration, by the year
2000, of the practicability of utilizing hydrogen for trans-
portation, industrial, residential and utility applications on
a broad scale.
(b) PRODUCTION.—The Secretary shall support hy-
drogen 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 station-
ary use. Such research, development, and demonstration
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should be aimed at improving existing methods and devel-
oping new approaches in each of the following areas, in-
cluding 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 en-
ergy research, development, and demonstration for each
of the following uses, including funding for at least 1 tech-
nical demonstration in each such area:
(1) Fuel cell systems for stationary applica-
tions.
(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, effi-
cient, and nonpolluting hydrogen-based transportation ve-
hicles of the following types, including funding for at least
1 technical demonstration of each such type:
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(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 assist-
ance shall be made within 1 year after such date of enact-
ment.
(g) COST SHARING.—(1) Except as otherwise pro-
vided in section 105, for research and development pro-
grams carried out under this title, the Secretary shall re-
quire 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 re-
search and development is of a basic or fundamental na-
ture.
(2) The Secretary shall require at least 50 percent
of the costs directly and specifically related to any dem-
onstration project under this title to be provided from non-
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Federal sources. The Secretary may reduce the non-Fed-
eral requirement under this paragraph if the Secretary de-
termines 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 sec-
tion 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 pur-
suant to section 104, or other similiar Federal programs,
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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 re-
search, 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, Develop-
ment, and Demonstration Act of 1990. Such Panel shall
also make recommendations for improvements to such
programs if needed, including recommendations for addi-
tional legislation.
SEC. 108. COORDINATION AND CONSULTATION.
(a) COORDINATION WITH OTHER FEDERAL AGEN-
CIES.—The Secretary shall coordinate all hydrogen re-
search, development, and demonstration activities with
other Federal agencies involved in similar research, devel-
opment, and demonstration, including the Department of
Defense and the National Aeronautics and Space Adminis-
tration.
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(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 author-
ized 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 author-
ized to be appropriated for Energy Supply Research and
Development Activities shall not exceed $3,302,170,000.
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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 af-
fordable energy supplies in the future;
(2) in the last 16 years, fusion energy research-
ers have made significant progress toward realizing
magnetic fusion as a viable source of energy, in-
creasing 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 pri-
mary 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;
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(6) opportunities to participate in international
fusion experiments can dramatically lower the cost
to the Federal Government of fusion energy re-
search;
(7) the United States must demonstrate that it
is a credible partner in international scientific pro-
grams by being able to make and keep long-term
commitments to funding and participation; and
(8) the United States should commit to partici-
pating 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 appro-
priations 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 au-
thorization of appropriations for such activity con-
tingent on meeting program milestones; and
(4) to provide for the selection of a host coun-
try and establish a site selection process for ITER.
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(C) participation by the United States in-
dustrial 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 need-
ed to build and test an Induction Linac Systems Ex-
periment, and for systems engineering and design of
a prototype inertial fusion energy power plant suit-
able 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 be-
coming operational by the year 2005.
SEC. 
204. 
INDEPENDENT 
REVIEW 
OF 
FUSION 
TECH-
NOLOGIES.
Within 6 months after the date of enactment of this
Act, the Secretary shall contract with the National Acad-
emy of Sciences to conduct a study, to be completed within
18 months after such contract is executed, which—
(1) examines the various magnetic fusion tech-
nologies and alternative fusion concepts to assess
their current state of development;
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(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 Acad-
emy 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 en-
ergy development, and which identifies priorities for re-
search on other energy sources and energy-efficient de-
vices and practices.
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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 eco-
nomic 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 consider-
ation 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 part-
ners, including the siting and construction of ITER
and related facilities and the manufacture of major
ITER subsystems;
(3) substantial United States industry and util-
ity involvement in the design, construction, and op-
eration of ITER to ensure United States industry
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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 Sec-
retary shall—
(1) immediately initiate a process for identify-
ing 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 en-
actment of this Act a process for selection of a site
within the United States by June, 1996, if the Unit-
ed 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 comple-
tion 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
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to Congress a report on the feasibility of conducting a par-
allel 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 se-
lection 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 require-
ments of this title.
(c) CONSULTATION.—(1) In consultation with the
Secretary of Defense, the Secretary shall review the re-
search and development activities of the defense Inertial
Confinement Fusion Program to determine the potential
of such activities to contribute to the civilian Inertial Fu-
sion 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 rec-
ommendations for sharing budget and other resources in
order to enhance the civilian energy applications of the
defense Inertial Confinement Fusion Program.
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(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 car-
rying 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 In-
duction Linac Systems Experiment project and re-
lated 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
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(B) not more than $5,000,000 shall be for
the engineering and design of a prototype iner-
tial 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 iner-
tial fusion energy power plant.
(c) TOKAMAK PHYSICS EXPERIMENT.—(1) Except as
provided in paragraph (2), there are authorized to be ap-
propriated to the Secretary for the period encompassing
fiscal 
years 
1995 
through 
2000 
not 
to 
exceed
$700,000,000, to complete the design, development, and
construction of the Tokamak Physics Experiment.
(2) None of the funds are authorized to be appro-
priated for any fiscal year under paragraph (1) 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, devel-
opment, and construction are being met;
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(ii) the design, development, and construc-
tion can be completed without further author-
ization of appropriations beyond amounts au-
thorized under paragraph (1); and
(iii) the design, development, and construc-
tion can be completed by the end of fiscal year
2000; or
(B) submits to the Congress a report which de-
scribes—
(i) the circumstances which prevent a cer-
tification 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 author-
ized for the construction of ITER.
(e) LIMITATION
ON MAGNETIC FUSION FACILI-
TIES.—No funds are authorized for the design, engineer-
ing, or construction of any magnetic fusion facility other
than ITER, facilities related to ITER, and the Tokamak
Physics Experiment.
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SEC. 209. REPEAL OF ADVISORY COMMITTEE.
Section 7 of the Magnetic Fusion Energy Engineer-
ing Act of 1980 (42 U.S.C. 9306), authorizing the Tech-
nical 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 Or-
ganization for Nuclear Research;
(2) the term ‘‘construction’’ means all activities
necessary for completion of a project and its sup-
porting infrastructure, and includes conventional
construction and the fabrication, installation, test-
ing, 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, nec-
essary to house and support the technical systems,
and utilities as necessary for the direct support of
elements of a project; and
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(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 phys-
ics 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 Ac-
celerator Center and the Fermilab Main Injector. Funds
may also be expended for research, development, and plan-
ning for the Large Hadron Collider and its associated de-
tectors. No funds are authorized for United States partici-
pation 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 in-
cludes 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;
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(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 oper-
ations of the Los Alamos Meson Physics Facility. Funds
authorized under paragraphs (1) through (4) may be ex-
pended for the Relativistic Heavy Ion Collider at
Brookhaven National Laboratory.
(c) 
LIMITATION
ON
MAJOR
CONSTRUCTION
PROJECTS.—No funds may be expended for the construc-
tion 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 plan-
ning 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 plan-
ning and construction of the Large Hadron Collider
project, and shall ensure that any agreement incorporates
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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 op-
erating 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 fab-
rication, 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 mile-
stones described in paragraphs (4) and (5) are not
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met, or if the project falls significantly behind sched-
ule;
(7) conditions of access for United States and
other scientists to the facility; and
(8) a process for addressing international co-
ordination and cost sharing on high energy physics
projects beyond the Large Hadron Collider.
(b) OTHER INTERNATIONAL NEGOTIATIONS.—Noth-
ing in this Act shall be construed to preclude the President
from entering into negotiations with respect to inter-
national 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 Com-
merce, Science, and Transportation of the Senate on spe-
cific 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
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physics activities of the Department, the Secretary shall
transmit to the Committee on Science, Space, and Tech-
nology 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 con-
tract with an appropriate independent organization
to review the governance of all elements of the De-
partment’s high energy and nuclear physics pro-
grams. 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
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results of the review required by this section, includ-
ing recommendations for implementing the results
and schedules for such implementation.
(b) LONG-RANGE PLAN.—
(1) REQUIREMENT.—The Secretary, in con-
sultation 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 coordi-
nate the preparation of the plan with the Director
of the National Science Foundation, as appropriate,
to ensure that long-range planning efforts and objec-
tives 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 re-
search facility to the research opportunities list-
ed under subparagraph (A);
(C) a statement of the optimal balance for
the fiscal year in which the report is submitted
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among facility operations, construction, and re-
search support and the optimal balance between
university and laboratory research programs;
(D) schedules for continuation, consolida-
tion, 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 co-
ordinate research projects with the international
community to maximize the use of limited re-
sources 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 grad-
uate students being supported by Federal
high energy and nuclear physics programs;
and
(ii) the number of scientists and grad-
uate students needed to carry out produc-
tive and sustainable research programs in
these fields over the next 10 years.
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(2) REPORTS
TO
CONGRESS.—(A) The Sec-
retary shall transmit a copy of the original long-
range plan with the President’s annual budget re-
quest 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 Presi-
dent’s annual budget requests to the Congress for high
energy physics activities of the Department, and for nu-
clear physics activities of the Department, shall distin-
guish between the budget for capital expenditures, includ-
ing all ongoing and planned major construction and cap-
ital equipment items, and other activities.
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. UNIVERSITY RADIATION SCIENCE AND TECH-
NOLOGY.
(a) FINDINGS.—The Congress finds that—
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(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 engi-
neering academic program;
(2) nuclear engineering is a broad, diverse field
with unique academic requirements, including math-
ematics, physics, reactor engineering, nuclear mate-
rials, radiation protection, and reactivity control and
operations;
(3) nuclear engineering academic programs at
both undergraduate and graduate levels have de-
clined 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 sci-
entific experts to carry on the program from the cur-
rent leaders in the field;
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(6) in the 1950s and 1960s, the Federal Gov-
ernment was instrumental in founding and funding
the University Research Reactor program and the
Nuclear Engineering Education and Research pro-
gram, 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 pro-
grams has forced many universities to close down re-
search reactors and seriously erode the accompany-
ing academic programs;
(8) the current condition of the university re-
search reactors needs attention and funding to up-
grade 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 Edu-
cation and Research and University Research Reac-
tor programs, while continuing the University Reac-
tor Fuel Assistance program;
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(2) combine these programs into a comprehen-
sive and cohesive national program which will sup-
port the future needs of the Nation across many sci-
entific and technological disciplines; and
(3) provide the nuclear engineering education
and university research reactor academic community
opportunities to consult and cooperate with the De-
partment 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 Reac-
tor program, and the University Reactor Fuel As-
sistance program to form a new University Radi-
ation Science and Technology program to be in-
cluded as a separate and distinct part of the Univer-
sity and Science Education program.
(2) COLLABORATION.—The Secretary, in devel-
oping the annual budget request and program plan
for the University Radiation Science and Technology
program, shall collaborate with the university radi-
ation science and technology community (including
academia, professional societies, and the national
laboratories).