I
103D CONGRESS
2D SESSION
H. R. 4684
To authorize and provide program direction for high energy and nuclear
physics research at the Department of Energy, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1994
Mr. BOUCHER (for himself, Mr. BROWN of California, Mr. BOEHLERT, Mr.
TRAFICANT, Mr. FAWELL, Mr. EHLERS, and Mrs. LLOYD) introduced the
following bill; which was referred to the Committee on Science, Space,
and Technology
A BILL
To authorize and provide program direction for high energy
and nuclear physics research at the Department of En-
ergy, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Energy
High Energy and Nuclear Physics Authorization Act of
1994’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act—
(1) the term ‘‘CERN’’ means the European
Organization for Nuclear Research;
(2) the term ‘‘construction’’ means all activities
necessary for completion of a project and its sup-
porting infrastructure, and includes conventional
construction and the research, development, design,
fabrication, installation, testing, and preoperation of
technical sytems;
(3) the term ‘‘conventional construction’’ means
the design and construction of civil works, facilities,
and other infrastructure necessary to construct a
project, including tunnels, buildings, and roads, nec-
essary to house and support the technical systems,
and utilities as necessary for the direct support of
elements of a project;
(4) the term ‘‘Department’’ means the Depart-
ment of Energy;
(5) the term ‘‘Large Hadron Collider project’’
means the Large Hadron Collider project at CERN;
and
(6) the term ‘‘Secretary’’ means the Secretary
of Energy.
SEC. 3. 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. No
funds are authorized for United States participation in the
planning and construction of the Large Hadron Collider
project until the Secretary certifies to the Congress that
there is an international agreement that includes the pro-
visions described in section 4(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, of which
not more than $15,000,000 shall be used for prepa-
ration for decontamination and decommissioning of
the Los Alamos Meson Physics Facility;
(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 the operation
of the Los Alamos Meson Physics Facility. Funds author-
ized under paragraphs (1) through (4) may be expended
for the Relativistic Heavy Ion Collider at Brookhaven
National Laboratory.
(c) 
LIMITATION
ON
MAJOR
CONSTRUCTION
PROJECTS.—No funds may be expended for any high en-
ergy 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 specifi-
cally authorized for such purposes in an Act that is not
an appropriations Act.
SEC. 4. THE LARGE HADRON COLLIDER PROJECT.
(a) NEGOTIATIONS.—The Secretary shall enter into
negotiations with CERN concerning United States partici-
pation in the planning and construction of the Large
Hadron Collider project, and shall seek to 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 subsequent
operating costs;
(3) a cost and schedule control system for the
total project;
(4) the projected cost and schedule for all com-
ponent design, testing, and fabrication, including
technical goals and milestones;
(5) the projected cost and schedule for total
project construction and operation, including tech-
nical goals and milestones;
(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; and
(7) conditions of access for United States and
other scientists to the facility.
(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.
SEC. 5. 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. 6. 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) a performance review of the effective-
ness of the Department’s management policies
and procedures, including an evaluation of de-
partmental staff allocation and the staff alloca-
tion and funding balance among facility oper-
ations, construction, and research support;
(B) an evaluation of the appropriateness of
the current application of administrative, envi-
ronmental, health, and safety regulations to the
high energy and nuclear physics laboratories of
the Department; and