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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4553 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4553

To authorize the fusion energy research, development, and demonstration 
program at the Department of Energy, to direct the participation of the 
United States in the International Thermonuclear Experimental Reactor, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 1994

   Mr. Brown of California introduced the following bill; which was 
      referred to the Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL

 
To authorize the fusion energy research, development, and demonstration 
program at the Department of Energy, to direct the participation of the 
United States in the International Thermonuclear Experimental Reactor, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fusion Energy Research Authorization 
Act of 1994''.

SEC. 2. 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 security;
            (2) meeting the increased energy demands of the year 2050 
        cannot be achieved without substantial environmental 
        degradation unless there is a massive shift from dependence on 
        the fossil fuels which today provide more than three-quarters 
        of all energy supply;
            (3) a wide variety of nonfossil fuel energy technologies 
        must be developed to meet the expected demand 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 
        developing such technologies are too high to be borne solely by 
        the private sector;
            (5) despite the urgent need to develop a wide variety of 
        nonfossil fuel energy technologies, the Federal Government's 
        investment in all energy supply research and development 
        (including fossil fuels) has declined in real terms by more 
        than two-thirds in the last 14 years;
            (6) fusion energy is one of the nonfossil fuel technologies 
        which could potentially provide safe, abundant, environmentally 
        sound, secure, and affordable energy supplies in the future;
            (7) in the last 16 years, fusion energy researchers have 
        made significant progress toward realizing magnetic fusion as a 
        viable source of energy, increasing power production from test 
        reactors more than a million-fold over that time period;
            (8) while significant engineering, technical, and 
        scientific challenges remain to make fusion energy commercially 
        viable, limited funding remains the primary constraint to more 
        rapid progress;
            (9) 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;
            (10) while magnetic fusion is the leading fusion 
        technology, research on alternative fusion concepts should 
        continue to be supported;
            (11) opportunities to participate in international fusion 
        experiments can dramatically lower the cost to the Federal 
        Government of fusion energy research;
            (12) the United States must demonstrate that it is a 
        credible partner in international scientific programs by being 
        able to make and keep long-term commitments to funding and 
        participation; and
            (13) the United States should commit to participating in 
        the siting, construction, and operation of ITER as soon as 
        practicable.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) provide direction and authorize appropriations for a 
        broadly based fusion energy research program at the Department 
        of Energy which includes development of the magnetic fusion 
        program and research on alternative fusion concepts;
            (2) provide an accelerated commitment to United States 
        participation in ITER and provide authorization of 
        appropriations for such activity contingent on meeting program 
        milestones;
            (3) provide for the selection of a host country and 
        establish a site selection process for ITER; and
            (4) provide a stable basis of funding for multi-year fusion 
        energy research facility construction commitments through the 
        establishment of a trust fund.

SEC. 4. 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 toroidal magnetic fusion concepts, 
        including heavy ion inertial fusion, aneutronic fusion, and 
        electrostatic fusion;
            (2) the term ``Department'' means the Department of Energy;
            (3) the term ``Fusion Energy Research Program'' means the 
        program described in section 5;
            (4) the term ``international partners'' means the United 
        States, the European Atomic Energy Community, Japan, and the 
        Russian Federation;
            (5) the term ``ITER'' means the International Thermonuclear 
        Experimental Reactor;
            (6) the term ``magnetic fusion'' means fusion based on 
        toroidal confinement concepts;
            (7) the term ``Secretary'' means the Secretary of Energy; 
        and
            (8) the term ``Tokamak Physics Experiment'' means a 
        facility to replace the Tokamak Fusion Test Reactor which is 
        designed to be capable of conducting experiments on reactions 
        with a pulse length of at least 15 minutes and demonstrating a 
        more compact and efficient magnetic fusion reactor design.

SEC. 5. FUSION ENERGY RESEARCH PROGRAM.

    (a) Fusion Program.--The Secretary shall carry out in accordance 
with the provisions of this Act a Fusion Energy Research Program, 
including research, development, and demonstration to demonstrate the 
technical and economic feasibility of producing safe, environmentally 
sound, and affordable energy from fusion.
    (b) Program Goals.--The goal of the Fusion Energy Research Program 
is to demonstrate by the year 2010 the practicability of commercial 
electric power production and to lead to commercial production of 
fusion energy by the year 2040.
    (c) Program Elements.--The Fusion Energy Research Program shall 
consist of the following elements:
            (1) Research, development, and demonstration on magnetic 
        fusion energy technology, including--
                    (A) research on plasma physics and control, 
                confinement, ignition, and burning;
                    (B) the design, construction, and operation of 
                experimental fusion reactors, including the Tokamak 
                Physics Experiment, and the development of special 
                materials for such reactors, the facilities to develop 
                such materials, and the development of components which 
                support the operation of such reactors, such as 
                diagnostic and remote maintenance equipment; and
                    (C) participation by the United States industrial 
                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 an Assistant 
        Director for Alternative Fusion Research, including research 
        and development needed to build and test an Induction Linac 
        Systems Experiment 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 becoming operational by 
        the year 2005.

SEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES.

    Within 6 months after the date of enactment of this Act, the 
Secretary shall contract with the National Academy of Sciences to 
conduct a study which examines the various magnetic fusion technologies 
and alternative fusion concepts to assess their current state of 
development, evaluates the potential of such technologies and concepts 
to become commercially viable sources of energy in the future, and 
identifies the research and development goals and priorities, and the 
range of probable costs and time scales, needed to achieve commercial 
viability.

SEC. 7. 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 economic 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 consideration 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 ITER in the United 
States 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 partners, 
        including the construction of ITER and related facilities and 
        the manufacture of major ITER subsystems;
            (3) substantial United States industry and utility 
        involvement in the design, construction, and operation 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.
    (c) United States Site Selection.--The Secretary shall--
            (1) immediately initiate a process for identifying 
        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 enactment of 
        this Act a process for selection of a site within the United 
        States by June, 1996, if the United 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 completion 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. 8. 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 parallel design effort on the Tokamak 
Physics Experiment to augment the capabilities of the Tokamak Physics 
Experiment in the event that an international agreement cannot be 
reached on the site selection 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 requirements of 
this Act.
    (c) Coordination With Defense Fusion Research Programs.--(1) The 
Secretary shall, to the maximum extent practicable, coordinate the 
research and development activities of the civilian Inertial Fusion 
Energy Program and the defense Inertial Confinement Fusion Program to 
maximize the benefits to both programs.
    (2) Within 120 days after the enactment of this Act, the Secretary, 
in conjunction with the Secretary of Defense, shall submit a report to 
Congress with recommendations for sharing budget and other resources in 
order to enhance the civilian energy applications of the defense 
Inertial Confinement Fusion Program.
    (d) Repeal.--Section 2114 of the Energy Policy Act of 1992 (Public 
Law 102-486) is repealed.

SEC. 9. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY PROGRAM.

    The Secretary shall combine the Nuclear Engineering Research and 
Education Program, the University Research Reactor Program, and the 
University Reactor Fuel Assistance Program to form a new University 
Radiation Science and Technology Program to be included as a separate 
and distinct part of the University and Science Education Program of 
the Department.

SEC. 10. FUSION ENERGY FACILITY FUND.

    (a) Establishment of Fees.--The Secretary shall establish a fee, 
payable by persons who sell electricity for ultimate consumption, at a 
rate of 0.1 mills per kilowatt hour.
    (b) Collection.--The Secretary shall establish procedures for the 
collection of such fees. The Secretary may use the services of any 
Federal, State, or local agency or instrumentality to collect such 
fees, and may reimburse such agency or instrumentality a reasonable 
amount for such services.
    (c) Use of Funds.--Funds received under this section shall be 
deposited in a separate account in the Treasury, and shall be used, to 
the extent provided in advance in appropriation Acts, only for the 
design, engineering, and construction of ITER, facilities related to 
ITER (including a materials testing facility and a blanket testing 
facility) and the Tokamak Physics Experiment.
    (d) Termination of Fees.--The authority to assess and collect fees 
under this section shall expire at the earlier of--
            (1) the achievement of a balance in the account established 
        under subsection (c) sufficient in the judgment of the 
        Secretary to satisfy the obligations of the United States in 
        the design, engineering, and construction described in 
        subsection (c); or
            (2) the completion of ITER construction.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fusion Energy Research Program.--There are authorized to be 
appropriated to the Secretary for carrying out the Fusion Energy 
Research Program $380,000,000 for fiscal 1995, $425,000,000 for fiscal 
year 1996, $475,000,000 for fiscal year 1997, and such sums as may be 
necessary thereafter.
    (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 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000 
for fiscal year 1996, $31,000,000 for fiscal year 1997, and such sums 
as may be necessary thereafter.
    (c) Tokamak Physics Experiment.--The total amount to be 
appropriated for the complete design, development, and construction of 
the Tokamak Physics Experiment shall not exceed $700,000,000.
    (d) University Radiation Science and Technology Program.--There are 
authorized to be appropriated to the Secretary for carrying out the 
University Radiation Science and Technology Program $25,000,000 for 
fiscal year 1995, $25,000,000 for fiscal year 1996, $25,000,000 for 
fiscal year 1997, and such sums as may be necessary thereafter.
    (e) Construction of ITER.--No funds are authorized for the 
construction of ITER until the Secretary certifies to the Congress that 
there is an international agreement that meets the requirements of 
section 7(b), and until the report required under section 7(d) is 
provided to Congress.
    (f) Limitation on Magnetic Fusion Facilities.--No funds are 
authorized for the design, engineering, or construction of any magnetic 
fusion facility other than ITER, facilities related to ITER (including 
a materials testing facility and a blanket testing facility) and the 
Tokamak Physics Experiment.

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