article: 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.
summary: Fusion Energy Research Authorization Act of 1994 - Directs the Secretary of Energy to implement a Fusion Energy Research Program to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. Prescribes program goals and elements. Directs the Secretary to contract with the National Academy of Sciences to review various magnetic fusion technologies and alternative fusion concepts with respect to their commercial viability. Instructs the Secretary to: (1) submit a comparisons study to the Congress regarding the siting of the International Thermonuclear Experimental Reactor (ITER); (2) seek to reach an agreement with international partners to select a host country for ITER; (3) initiate a process to identify candidate sites for ITER within the United States; and (4) provide within a certain time period a detailed estimate to the Congress of final ITER project costs. Directs the Secretary to submit reports to the Congress on: (1) a parallel design effort on the Tokamak Physics Experiment; (2) the Fusion Energy Research Program; and (3) resource sharing with the Secretary of Defense to enhance the civilian energy applications of the Defense Inertial Confinement Fusion Program. Repeals the five-year fusion energy program established under the Energy Policy Act of 1992. Directs the Secretary to form a new University Radiation Science and Technology Program comprised of: (1) the Nuclear Engineering Research and Education Program; (2) the University Research Reactor Program; and (3) the University Reactor Fuel Assistance Program. Directs the Secretary to establish a fee collection program for certain ITER purposes and the Tokamak Physics Experiment. Authorizes appropriations for: (1) the Alternative Fusion Research Program; (2) the Tokamak Physics Experiment; and (3) the University Radiation Science and Technology Program. Sets limitations upon funding for ITER construction and for magnetic fusion facilities.