II
Calendar No. 600
103D CONGRESS
2D SESSION
H. R. 4908
IN THE SENATE OF THE UNITED STATES
AUGUST 23 (legislative day, AUGUST 18), 1994
Received; read twice and placed on the calendar
AN ACT
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,
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—
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(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
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-
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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;
(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;
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(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—
(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
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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
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
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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
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.
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(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-
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
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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,
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
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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.
(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.
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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.
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;
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(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;
(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
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(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.
SEC. 203. FUSION ENERGY RESEARCH PROGRAM.
(a) FUSION PROGRAM.—The Secretary shall carry
out in accordance with the provisions of this title a Fusion
Energy Research Program, including research, develop-
ment, and demonstration to demonstrate the technical and
economic feasibility of producing safe, environmentally
sound, and affordable energy from fusion.
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(b) PROGRAM GOALS.—The goals of the Fusion En-
ergy Research Program are to demonstrate by the year
2010 the practicability of commercial electric power pro-
duction and to lead to commercial production of fusion
energy by the year 2040.
(c) PROGRAM ELEMENTS.—The Fusion Energy Re-
search Program shall consist of the following elements:
(1) Research, development, and demonstration
on magnetic fusion energy technology, including—
(A) research on plasma physics and con-
trol, confinement, ignition, and burning;
(B) the design, construction, and operation
of experimental fusion reactors, including the
Tokamak Physics Experiment, and the develop-
ment of special materials for such reactors, the
facilities to develop such materials, and the de-
velopment of components which support the op-
eration of such reactors, such as diagnostic and
remote maintenance equipment; and
(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
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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;
(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
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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.
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-
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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
and utility expertise in the technologies developed;
and
(4) a schedule to complete site-specific design
activities by 1998.
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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 
1992 
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