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(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
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
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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.
(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.
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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
(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—
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(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 from within the Fusion Energy Research
Program, to complete the design, development, and con-
struction of the Tokamak Physics Experiment.
(2) None of the funds described in paragraph (1) are
authorized to be appropriated for any fiscal year unless,
within 60 days after the submission of the President’s
budget request for that fiscal year, the Secretary—
(A) certifies to the Congress that—
(i) the technical goals of the design, devel-
opment, and construction are being met;
(ii) the design, development, and construc-
tion can be completed without further author-
ization of appropriations beyond amounts au-
thorized under paragraph (1); and
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(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. This limitation shall not apply to the
design or engineering of fusion materials irradiation test
facilities. Upon completion of the concept design for a fu-
sion materials irradiation test facility, the Secretary shall
transmit to the Congress a report which includes the esti-
mated cost for design, engineering, and construction of the
facility, the expected participation of international part-
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ners, and the planned dates for starting and completing
construction.
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-
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essary to house and support the technical systems,
and utilities as necessary for the direct support of
elements of a project; and
(4) the term ‘‘Large Hadron Collider project’’
means the Large Hadron Collider project at CERN.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) HIGH ENERGY PHYSICS.—There are authorized
to be appropriated to the Secretary for high energy 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).
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(b) NUCLEAR PHYSICS.—There are authorized to be
appropriated to the Secretary for nuclear physics activities
of the Department—
(1) $337,100,000 for fiscal year 1996;
(2) $348,900,000 for fiscal year 1997;
(3) $361,100,000 for fiscal year 1998; and
(4) $373,700,000 for fiscal year 1999.
None of the funds authorized under paragraph (2), (3),
or (4) are authorized to be appropriated for facility 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.
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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
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
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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
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
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goals. The action plan shall address such issues as cost
sharing and financial support, site location, access, and
management of megascience facilities.
SEC. 305. OPERATING PLAN.
Within 30 days after the date of the enactment of
any Act appropriating funds for the high energy or nuclear
physics activities of the Department, the Secretary shall
transmit to the Committee on Science, Space, and 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
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advisory groups represent the diversity of, and
the full range of interests among, high energy
and nuclear physics researchers.
(2) REPORT
TO
CONGRESS.—The Secretary
shall submit a report to Congress within 18 months
after the date of enactment of this Act detailing the
results of the review required by this section, 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—
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(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
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—
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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—
(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;
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(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;
(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.
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(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;
(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.
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(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).
(d) REPORTS.—
(1) COMPREHENSIVE
PLAN.—The Secretary
shall request the Nuclear Engineering Education
Department Heads Organization and the National
Organization of Test, Research, and Training Reac-
tors to submit, within 60 days after the date of en-
actment of this Act, to the Congress and the Sec-
retary a minimum of a 5-year comprehensive na-
tional plan for the University Radiation Science and
Technology program. Such plan shall include com-
ments from industry and all appropriate professional
societies.
(2) PROGRAM
PROPOSAL.—Within 120 days
after the submittal of the plan under paragraph (1),
the Secretary shall submit to the Congress a Univer-
sity Radiation Science and Technology program pro-
posal, which shall incorporate the plan submitted
under paragraph (1) and shall include comments
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from the National Academy of Sciences regarding
the completeness of the program proposal.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary for car-
rying out the University Radiation Science and Tech-
nology Program $25,000,000 for fiscal year 1995,
$25,000,000 for fiscal year 1996, and $25,000,000 for fis-
cal year 1997.
SEC. 402. LIMITATION ON APPROPRIATIONS.
Notwithstanding any other provision of law, no funds
are authorized to be appropriated for carrying out the pro-
grams for which funds are authorized by this Act for any
fiscal year other than as provided by this Act.
SEC. 403. FOREIGN PARTICIPATION REPORT.
Within 1 year after the date of enactment of this Act,
and annually thereafter, the Secretary shall report to the
Congress on the status of foreign participation in and con-
tributions to projects for which funding is authorized
under this Act.
SEC. 403. MERIT REVIEW REQUIREMENT FOR AWARDS OF
FINANCIAL ASSISTANCE.
(a) MERIT REVIEW REQUIREMENT.—Except as pro-
vided in sections 204 and 205, the Secretary may not
award financial assistance to any person under this Act
for research, development, or precommercial demonstra-
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tion activities, including related facility construction, un-
less an objective merit review process is used to award the
financial assistance.
(b) REQUIREMENT OF SPECIFIC MODIFICATION OF
MERIT REVIEW PROVISION.—
(1) IN GENERAL.—A provision of law may not
be construed as modifying or superseding subsection
(a), or as requiring that financial assistance be
awarded by the Secretary in a manner inconsistent
with subsection (a), unless such provision of law—
(A) specifically refers to this section;
(B) specifically states that such provision
of law modifies or supersedes subsection (a);
and
(C) specifically identifies the person to be
awarded the financial assistance and states that
the financial assistance to be awarded pursuant
to such provision of law is being awarded in a
manner inconsistent with subsection (a).
(2) NOTICE AND WAIT REQUIREMENT.—No fi-
nancial assistance may be awarded pursuant to a
provision of law that requires or authorizes the
award of the financial assistance in a manner incon-
sistent with subsection (a) until—