text: 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 supporting 
          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, necessary 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 Department 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 physics 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 Accelerator 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 provisions 
  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 preparation 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 authorized 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 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.
  
  SEC. 4. THE LARGE HADRON COLLIDER PROJECT.
  
      (a) Negotiations.--The Secretary shall enter into negotiations with 
  CERN concerning United States participation 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 component 
          design, testing, and fabrication, including technical goals and 
          milestones;
              (5) the projected cost and schedule for total project 
          construction and operation, including technical goals and 
          milestones;
              (6) reconsideration of the extent of United States 
          participation if technical or operational milestones described 
          in paragraphs (4) and (5) are not met, or if the project falls 
          significantly behind schedule; and
              (7) conditions of access for United States and other 
          scientists to the facility.
      (b) Other International Negotiations.--Nothing in this Act shall be 
  construed to preclude the President from entering into negotiations 
  with respect to international 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 Technology 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 contract with an 
          appropriate independent organization to review the governance 
          of all elements of the Department's high energy and nuclear 
          physics programs. Such review shall include--
                      (A) a performance review of the effectiveness of 
                  the Department's management policies and procedures, 
                  including an evaluation of departmental staff 
                  allocation and the staff allocation and funding balance 
                  among facility operations, construction, and research 
                  support;
                      (B) an evaluation of the appropriateness of the 
                  current application of administrative, environmental, 
                  health, and safety regulations to the high energy and 
                  nuclear physics laboratories of the Department; and
                      (C) 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 9 months after the date of enactment 
          of this Act detailing the results of the review required by 
          this section, including recommendations for implementing the 
          results and schedules for such implementation.
      (b) Long-Range Plan.--
              (1) Requirement.--The Secretary and the Director of the 
          National Science Foundation shall jointly prepare, in 
          consultation with the high energy physics and nuclear physics 
          communities, a long-range plan for Federal high energy and 
          nuclear physics programs based on current and projected program 
          funding levels. The plan shall be modified every two 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 research 
                  facility to the research opportunities listed under 
                  subparagraph (A);
                      (C) a statement of the optimal balance among 
                  facility operations, construction, and research support 
                  and the optimal balance between university and 
                  laboratory research programs;
                      (D) schedules for continuation, consolidation, or 
                  termination of each research program, and continuation, 
                  upgrade, transfer, or closure of each research 
                  facility;
                      (E) a statement by project of efforts to coordinate 
                  research projects with the international community to 
                  maximize the use of limited resources and avoid 
                  unproductive duplication of efforts; and
                      (F) a description of the extent to which the 
                  biennial plan modifications differ from previous plans 
                  submitted under this subsection, along with an 
                  explanation for such differences.
              (2) Reports to congress.--(A) The Secretary shall transmit 
          a copy of the original long-range plan with the President's 
          annual budget request to Congress for fiscal year 1997. The 
          plan as modified shall be submitted with the President's budget 
          request to Congress for each subsequent fiscal year ending in 
          an odd number.
              (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 President's annual budget 
  requests to the Congress for high energy physics activities of the 
  Department, and for nuclear physics activities of the Department, shall 
  distinguish between the budget for capital expenditures, including all 
  ongoing and planned major construction and capital equipment items, and 
  other activities.
target: Department of Energy High Energy and Nuclear Physics Authorization Act of 1994 - Authorizes appropriations for FY 1996 through 1999 for high energy physics and nuclear physics activities of the Department of Energy (DOE). 
  Instructs the Secretary of Energy to:  (1) enter into negotiations with the European Organization for Nuclear Research (CERN) regarding U.S. participation in the planning and construction of the Large Hadron Collider project; (2) submit an operations plan to certain congressional committees subsequent to enactment of appropriations for DOE high energy or nuclear activities; (3) contract with an independent organization to review the governance of DOE high energy and nuclear physics programs; and (4) report to the Congress on a mandated long-range plan prepared jointly with the Director of the National Science Foundation regarding Federal high energy and nuclear physics programs based on current and projected funding levels. 
  Mandates that each of the President's annual budget requests for DOE high energy and nuclear physics activities distinguish between the budget for capital expenditures and other activities.
feat_title: Department of Energy High Energy and Nuclear Physics Authorization Act of 1994