I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fusion Energy Re5 search Authorization Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) by the year 2050, the world will need to

2 supply between 2 and 3 times as much energy as is

3 presently produced to meet minimum requirements

4 for food, shelter, transportation, and economic secu5 rity;

6 (2) meeting the increased energy demands of

7 the year 2050 cannot be achieved without substan8 tial environmental degradation unless there is a

9 massive shift from dependence on the fossil fuels

10 which today provide more than three-quarters of all

11 energy supply;

12 (3) a wide variety of nonfossil fuel energy tech13 nologies must be developed to meet the expected de14 mand of the year 2050;

15 (4) the Federal Government has a responsibility

16 to fund research in energy technologies to help meet

17 future expected energy demand where the technical

18 or economic risks of developing such technologies are

19 too high to be borne solely by the private sector;

20 (5) despite the urgent need to develop a wide

21 variety of nonfossil fuel energy technologies, the

22 Federal Government’s investment in all energy sup23 ply research and development (including fossil fuels)

24 has declined in real terms by more than two-thirds

25 in the last 14 years;
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1 (6) fusion energy is one of the nonfossil fuel

2 technologies which could potentially provide safe,

3 abundant, environmentally sound, secure, and af4 fordable energy supplies in the future;

5 (7) in the last 16 years, fusion energy research6 ers have made significant progress toward realizing

7 magnetic fusion as a viable source of energy, in8 creasing power production from test reactors more

9 than a million-fold over that time period;

10 (8) while significant engineering, technical, and

11 scientific challenges remain to make fusion energy

12 commercially viable, limited funding remains the pri13 mary constraint to more rapid progress;

14 (9) the technical risks and the long time scale

15 needed to demonstrate the commercial viability of

16 fusion energy will likely require a stable, predictable,

17 and sustained investment of government funding for

18 decades to come;

19 (10) while magnetic fusion is the leading fusion

20 technology, research on alternative fusion concepts

21 should continue to be supported;

22 (11) opportunities to participate in inter23 national fusion experiments can dramatically lower

24 the cost to the Federal Government of fusion energy

25 research;
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1 (12) the United States must demonstrate that

2 it is a credible partner in international scientific pro3 grams by being able to make and keep long-term

4 commitments to funding and participation; and

5 (13) the United States should commit to par6 ticipating in the siting, construction, and operation

7 of ITER as soon as practicable.

8 SEC. 3. PURPOSES.

9 The purposes of this Act are to—

10 (1) provide direction and authorize appropria11 tions for a broadly based fusion energy research pro12 gram at the Department of Energy which includes

13 development of the magnetic fusion program and re14 search on alternative fusion concepts;

15 (2) provide an accelerated commitment to

16 United States participation in ITER and provide au17 thorization of appropriations for such activity con18 tingent on meeting program milestones;

19 (3) provide for the selection of a host country

20 and establish a site selection process for ITER; and

21 (4) provide a stable basis of funding for multi22 year fusion energy research facility construction

23 commitments through the establishment of a trust

24 fund.
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1 SEC. 4. DEFINITIONS.

2 For purposes of this Act—

3 (1) the term ‘‘alternative fusion concepts’’

4 means any concepts for the production of energy

5 based on the fusing of atomic nuclei other than to6 roidal magnetic fusion concepts, including heavy ion

7 inertial fusion, aneutronic fusion, and electrostatic

8 fusion;

9 (2) the term ‘‘Department’’ means the Depart10 ment of Energy;

11 (3) the term ‘‘Fusion Energy Research Pro12 gram’’ means the program described in section 5;

13 (4) the term ‘‘international partners’’ means

14 the United States, the European Atomic Energy

15 Community, Japan, and the Russian Federation;

16 (5) the term ‘‘ITER’’ means the International

17 Thermonuclear Experimental Reactor;

18 (6) the term ‘‘magnetic fusion’’ means fusion

19 based on toroidal confinement concepts;

20 (7) the term ‘‘Secretary’’ means the Secretary

21 of Energy; and

22 (8) the term ‘‘Tokamak Physics Experiment’’

23 means a facility to replace the Tokamak Fusion Test

24 Reactor which is designed to be capable of conduct25 ing experiments on reactions with a pulse length of
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1 at least 15 minutes and demonstrating a more com2 pact and efficient magnetic fusion reactor design.

3 SEC. 5. FUSION ENERGY RESEARCH PROGRAM.

4 (a) FUSION PROGRAM.—The Secretary shall carry

5 out in accordance with the provisions of this Act a Fusion

6 Energy Research Program, including research, develop7 ment, and demonstration to demonstrate the technical and

8 economic feasibility of producing safe, environmentally

9 sound, and affordable energy from fusion.

10 (b) PROGRAM GOALS.—The goal of the Fusion En11 ergy Research Program is to demonstrate by the year

12 2010 the practicability of commercial electric power pro13 duction and to lead to commercial production of fusion

14 energy by the year 2040.

15 (c) PROGRAM ELEMENTS.—The Fusion Energy Re16 search Program shall consist of the following elements:

17 (1) Research, development, and demonstration

18 on magnetic fusion energy technology, including—

19 (A) research on plasma physics and con20 trol, confinement, ignition, and burning;

21 (B) the design, construction, and operation

22 of experimental fusion reactors, including the

23 Tokamak Physics Experiment, and the develop24 ment of special materials for such reactors, the

25 facilities to develop such materials, and the de-
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1 velopment of components which support the op2 eration of such reactors, such as diagnostic and

3 remote maintenance equipment; and

4 (C) participation by the United States in5 dustrial sector in the design and construction of

6 fusion reactors, and cooperation with utilities.

7 (2) Research, development, and demonstration

8 of alternative fusion concepts, to be administered

9 through an Assistant Director for Alternative Fusion

10 Research, including research and development need11 ed to build and test an Induction Linac Systems Ex12 periment for the purpose of developing heavy ion in13 ertial fusion energy.

14 (3) Participation in the design, construction,

15 and operation of ITER with the goal of ITER be16 coming operational by the year 2005.

17 SEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES.

18 Within 6 months after the date of enactment of this

19 Act, the Secretary shall contract with the National Acad20 emy of Sciences to conduct a study which examines the

21 various magnetic fusion technologies and alternative fu22 sion concepts to assess their current state of development,

23 evaluates the potential of such technologies and concepts

24 to become commercially viable sources of energy in the fu25 ture, and identifies the research and development goals
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1 and priorities, and the range of probable costs and time

2 scales, needed to achieve commercial viability.

3 SEC. 7. ITER SITE SELECTION PROCESS.

4 (a) ITER STUDY AND REPORT.—Within 120 days

5 after the date of enactment of this Act, the Secretary shall

6 submit to Congress a study which compares the technical

7 and scientific advantages and disadvantages and the eco8 nomic costs and benefits to the United States of siting

9 ITER in the United States with siting ITER outside of

10 the United States. Such study shall include the consider11 ation of the impact on employment of constructing ITER

12 in the United States, the effect of manufacturing major

13 ITER subsystems (such as superconducting magnets) in

14 the United States, and the effect of siting ITER in the

15 United States on United States funding requirements for

16 participation in ITER.

17 (b) HOST-COUNTRY SELECTION.—The Secretary

18 shall seek to reach an agreement with the international

19 partners which provides for—

20 (1) the selection of a host country in which to

21 site ITER by October, 1995;

22 (2) the equitable distribution of economic and

23 technological benefits among the international part24 ners, including the construction of ITER and related
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1 facilities and the manufacture of major ITER sub2 systems;

3 (3) substantial United States industry and util4 ity involvement in the design, construction, and op5 eration of ITER to ensure United States industry

6 and utility expertise in the technologies developed;

7 and

8 (4) a schedule to complete site-specific design

9 activities by 1998.

10 (c) UNITED STATES SITE SELECTION.—The Sec11 retary shall—

12 (1) immediately initiate a process for identify13 ing candidate sites within the United States which

14 meet the site requirements for the construction and

15 operation of ITER; and

16 (2) propose within 90 days after the date of en17 actment of this Act a process for selection of a site

18 within the United States by June, 1996, if the Unit19 ed States is selected as the host country for ITER

20 pursuant to the international agreement described in

21 subsection (b).

22 (d) FINAL COST ESTIMATE.—The Secretary shall

23 provide to Congress within 90 days following the comple24 tion of site-specific design activities a detailed estimate of

25 the final projected total cost and cost to the United States
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1 of the construction and operation of ITER based on final

2 site-specific engineering and construction designs.

3 SEC. 8. REPORTS AND MISCELLANEOUS PROVISIONS.

4 (a) CONTINGENCY PLAN.—Within 120 days after the

5 date of enactment of this Act, the Secretary shall submit

6 to Congress a report on the feasibility of conducting a par7 allel design effort on the Tokamak Physics Experiment to

8 augment the capabilities of the Tokamak Physics Experi9 ment in the event that an international agreement cannot

10 be reached on the site selection or construction of ITER.

11 (b) PROGRAM REPORT.—Within 180 days after the

12 date of enactment of this Act, and biennially thereafter,

13 the Secretary shall prepare and submit to the Congress

14 a report on the Fusion Energy Research Program and the

15 progress it has made in meeting the goals and require16 ments of this Act.

17 (c) COORDINATION WITH DEFENSE FUSION RE18 SEARCH PROGRAMS.—(1) The Secretary shall, to the max19 imum extent practicable, coordinate the research and de20 velopment activities of the civilian Inertial Fusion Energy

21 Program and the defense Inertial Confinement Fusion

22 Program to maximize the benefits to both programs.

23 (2) Within 120 days after the enactment of this Act,

24 the Secretary, in conjunction with the Secretary of De25 fense, shall submit a report to Congress with recommenda-
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1 tions for sharing budget and other resources in order to

2 enhance the civilian energy applications of the defense In3 ertial Confinement Fusion Program.

4 (d) REPEAL.—Section 2114 of the Energy Policy Act

5 of 1992 (Public Law 102–486) is repealed.

6 SEC. 9. UNIVERSITY RADIATION SCIENCE AND TECH7 NOLOGY PROGRAM.

8 The Secretary shall combine the Nuclear Engineering

9 Research and Education Program, the University Re10 search Reactor Program, and the University Reactor Fuel

11 Assistance Program to form a new University Radiation

12 Science and Technology Program to be included as a sepa13 rate and distinct part of the University and Science Edu14 cation Program of the Department.

15 SEC. 10. FUSION ENERGY FACILITY FUND.

16 (a) ESTABLISHMENT OF FEES.—The Secretary shall

17 establish a fee, payable by persons who sell electricity for

18 ultimate consumption, at a rate of 0.1 mills per kilowatt

19 hour.

20 (b) COLLECTION.—The Secretary shall establish pro21 cedures for the collection of such fees. The Secretary may

22 use the services of any Federal, State, or local agency or

23 instrumentality to collect such fees, and may reimburse

24 such agency or instrumentality a reasonable amount for

25 such services.
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1 (c) USE OF FUNDS.—Funds received under this sec2 tion shall be deposited in a separate account in the Treas3 ury, and shall be used, to the extent provided in advance

4 in appropriation Acts, only for the design, engineering,

5 and construction of ITER, facilities related to ITER (in6 cluding a materials testing facility and a blanket testing

7 facility) and the Tokamak Physics Experiment.

8 (d) TERMINATION OF FEES.—The authority to as9 sess and collect fees under this section shall expire at the

10 earlier of—

11 (1) the achievement of a balance in the account

12 established under subsection (c) sufficient in the

13 judgment of the Secretary to satisfy the obligations

14 of the United States in the design, engineering, and

15 construction described in subsection (c); or

16 (2) the completion of ITER construction.

17 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

18 (a) FUSION ENERGY RESEARCH PROGRAM.—There

19 are authorized to be appropriated to the Secretary for car20 rying out the Fusion Energy Research Program

21 $380,000,000 for fiscal 1995, $425,000,000 for fiscal

22 year 1996, $475,000,000 for fiscal year 1997, and such

23 sums as may be necessary thereafter.

24 (b) ALTERNATIVE FUSION RESEARCH.—From the

25 sums authorized in subsection (a), there are authorized
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1 to be appropriated to the Secretary for carrying out the

2 Alternative Fusion Research Program under section

3 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000 for

4 fiscal year 1996, $31,000,000 for fiscal year 1997, and

5 such sums as may be necessary thereafter.

6 (c) TOKAMAK PHYSICS EXPERIMENT.—The total

7 amount to be appropriated for the complete design, devel8 opment, and construction of the Tokamak Physics Experi9 ment shall not exceed $700,000,000.

10 (d) UNIVERSITY RADIATION SCIENCE AND TECH11 NOLOGY PROGRAM.—There are authorized to be appro12 priated to the Secretary for carrying out the University

13 Radiation Science and Technology Program $25,000,000

14 for fiscal year 1995, $25,000,000 for fiscal year 1996,

15 $25,000,000 for fiscal year 1997, and such sums as may

16 be necessary thereafter.

17 (e) CONSTRUCTION OF ITER.—No funds are author18 ized for the construction of ITER until the Secretary cer19 tifies to the Congress that there is an international agree20 ment that meets the requirements of section 7(b), and

21 until the report required under section 7(d) is provided

22 to Congress.

23 (f) LIMITATION ON MAGNETIC FUSION FACILI24 TIES.—No funds are authorized for the design, engineer25 ing, or construction of any magnetic fusion facility other
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1 than ITER, facilities related to ITER (including a mate2 rials testing facility and a blanket testing facility) and the

3 Tokamak Physics Experiment.

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