Proposed Fusion Legislation (part 2 of 2)

[Jim Bowery]

Sec. 9303. Program activities

(a) Scientific research in areas where lack of knowledge limits the
development of fusion energy systems;

(1) The Secretary shall periodically survey commercial
participants in fusion energy technology development or potential
investors in same, to determine critical gaps in scientific knowledge;

(2) The Secretary shall initiate scientific research
emphasizing gaps in scientific knowledge as determined from the survey
of commercial developers and investors;

(3) The Secretary shall fully disclose to the public all
discoveries made in the course of government funded research under
this program;

(4) The Secretary shall, on an annual basis, convene an
independent panel, no member of which may have received Federal funds
for fusion-related research or development in the last 5 years nor
served on the panel in the last 5 years, to review scientific research
activities to ensure Federal plasma physics funds are not being used
for patentable fusion technology development purposes instead of
unpatentable scientific research into plasma physics;

(5) If the independent review panel determines an activity is
development rather than research, the Federal funds used for such
development must be repaid to the United States Treasury to reduce the
federal debt;

(6) Physicists receiving income from government-funded fusion
energy research or development prior to the enactment of this
legislation are to be awarded an annual grant for the next 5 years
equal to their average annual income derived from Federally-funded
fusion energy programs over the last 5 years, up to a limit of
$60,000(1991) per year, the purpose of which is to recognize their
committment and contribution to the field and to aid in their
transition to the new funding environment; and

(7) Commercial Fusion Enterprises, as defined in 9303.b.1 may
enjoin the government from continuing to directly fund scientific
research in plasma physics which they believe to be in competition
with their efforts to develop fusion technology.


(b) The stimulation of commercial investment in fusion technology
development;

(1) Any private, for profit, business owned or controlled by
United States persons which is primarily engaged in the development of
fusion technology qualifies as a Commercial Fusion Enterprise.

(2) Every U.S. citizen possessing a patent for a fusion energy
system is to be provided with full reimbursement of all tax-deductible
expenses incurred the pursuit of up their patent, up to a
maximum of $100,000; the purpose of which is to assist the inventor in
the pursuit of private financing of further development of the
patented technology under the incentives of the current Act.

(3) Any facility owned or controlled by United States persons
generally used by Commercial Fusion Enterprises and primarily used for
the development of fusion technology qualifies as a Commercial Fusion
Center and also as a Commercial Fusion Enterprise.

(4) Commercial Fusion Enterprises shall receive matching funds
from the government for each private investment they make toward the
development of fusion technology.

(5) Funds provided by the government, as well as the private
funds they match, shall be used to develop fusion energy technology.
Failure to use such funds to develop fusion energy technology shall
render the Commercial Fusion Enterprise liable for such damages and
criminal penalties as are warranted under the existing statutes
against securities fraud currently enforced by the Securities and
Exchange Commission.

(6) The first Commercial Fusion Enterprise to demonstrate
engineering break-even shall receive a $100,000,000 prize from the
Fusion Energy Trust Fund, which is hereby established, and whose
contents are to be invested in 30 year Treasury instruments and whose
disbursements are to be administered by the National Academy of
Engineering.

(7) The first Commercial Fusion Enterprise to demonstrate
engineering break-even using an cycle burning an energetically
aneutronic fuel shall receive a $100,000,000 prize from the fusion
Energy Trust Fund.

(8) The first Commercial Fusion Enterprise to demonstrate
engineering break-even using an cycle burning an environmentally
aneutronic fuel shall receive a $100,000,000 prize from the fusion
Energy Trust Fund.

(9) The first Commercial Fusion Enterprise to demonstrate
engineering break-even using using a cycle burning a commonly
available energetically aneutronic fuel shall receive a $100,000,000
prize from the Fusion Energy Trust Fund.

(10) The first Commercial Fusion Enterprise to demonstrate
engineering break-even using using a cycle burning a commonly
available environmentally aneutronic fuel shall receive a $100,000,000
prize from the Fusion Energy Trust Fund.

(11) The first Commercial Fusion Enterprise to demonstrate
commercial break-even shall receive a $100,000,000 prize from the
Fusion Energy Trust Fund.

(12) The first Commercial Fusion Enterprise to demonstrate
commercial break-even based on a fusion cycle burning an energetically
aneutronic fuel shall receive a $100,000,000 prize from the Fusion
Energy Trust Fund.

(13) The first Commercial Fusion Enterprise to demonstrate
commercial break-even based on a fusion cycle burning an
environmentally aneutronic fuel shall receive a $100,000,000 prize
from the Fusion Energy Trust Fund.

(14) The first Commercial Fusion Enterprise to demonstrate
commercial break-even using a cycle burning a commonly available
energetically aneutronic fuel shall receive a $100,000,000 prize from
the Fusion Energy Trust Fund.

(15) The first Commercial Fusion Enterprise to demonstrate
commercial break-even using a cycle burning a commonly available
environmentally aneutronic fuel shall receive a $100,000,000 prize
from the Fusion Energy Trust Fund.

(16) The first Commercial Fusion Enterprise to demonstrate
engineering break-even at power densities above 1 million watts per
ton of equipment shall receive a $100,000,000 prize from the Fusion
Energy Trust Fund.

(17) The first Commercial Fusion Enterprise to demonstrate
commercial break-even at power densities above 1 million watts per ton
of equipment shall receive a $100,000,000 prize from the Fusion Energy
Trust Fund.

(18) Interest income on the Fusion Energy Trust Fund shall be
used to increase the value of all prizes according to the Producer
Price Index. Excess income shall be returned to the United States
Treasury used to reduce the national debt.

(19) One year after this bill becomes law, The Secretary shall
hold a series of 10 monthly publicly advertised auctions. At each
auction 10 kilograms of Helium-3 will be sold to the highest bidder.
The winning bidder must:
a) be a Commercial Fusion Enterprise.
b) not have already won a previous auction.
c) not have cross-ownership with any other Commercial Fusion
Enterprise that has already won at a previous auction.
d) have a board of directors and officers that do not overlap
with the board of directors and officers of any other Commercial
Fusion Enterprise that has already won at a previous auction and;
e) not have more than 10% of its ownership in common with any
other Commercial Fusion Enterprise that has already won at a previous
auction.

20) The Secretary shall make 100 acres of the Nevada nuclear
test range available to Commercial Fusion Enterprises. This land
shall:
a) cost no more than $1000 per month to lease per acre,
including all user fees.
b) be remote enough that the instantaneous release of 1 gram
of tritium gas per month will pose no significant health risk to those
outside the test range.
c) be located on land suitable for construction.
d) have paved access to the center of the 100 acre area.


Sec. 9304 International cooperation;

Scientific research, as defined specifically in this act, being of a
limited and nonproprietary nature, shall be conducted in a spirit of
academic freedom and openness wherein scientists shall freely
cooperate and communicate with other scientists without regard to
national boundries. It is the intent of Congress that the State
Department take action to facilitate the free international exchange
of such purely scientific information and work.


Sec. 9305. Dissemination of information

(a) The Secretary shall take all necessary steps to assure all
scientific knowledge relevant to fusion is made readily available to
interested United States persons: Provided, however, that upon a
showing to the Secretary by any person that any information or portion
thereof provided to the Secretary directly or indirectly from such
person would, if made public, divulge (1) trade secrets or (2) other
proprietary information of such person, the Secretary shall not
disclose such information and disclosure thereof shall be punishable
under section 1905 of Title 18.

(b) The Secretary shall maintain an aggressive program in the United
States for the provision of public information and educaitonal
materials to promote widespread knowledge of fusion among
educational, community, business, environmental, labor, and
governmental entities and the public at large.


Sec. 9306. Annual report

As a separate part of the annual report submitted pursuant to
section 7321 of this title, the Secretary shall submit to Congress an
annual report of activities pursuant to this chapter. Such report
shall include --

(a) a list of recent scientific discoveries in plasma physics
as funded under this chapter;

(b) a list of Commercial Fusion Enterprises, their levels of
capitalization, Fusion Energy Trust Fund prize applications and Fusion
Energy Trust Fund prize awards;

(c) an analysis of the progress made in commercializing
fusion technology; and

(d) suggestions for improvements in the national fusion
program, including recommendations for legislation.


Sec. 9307. Authorization of appropriations; contract authority

There is hereby authorized to be appropriated to the
Secretary, for the fiscal year ending September 30, 1992, such sums as
are provided in the annual authorization Act pursuant to section 7270
of this title.

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