42 U.S.C. § 18645 — Fusion energy

Page 9185 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18645 1 So in original. Probably should be ‘‘subsection (r),’’. See Ref- erences in Text note below. subpars. (E) to (G), was executed by making the addi- tion to subsec. (e)(7) to reflect the probable intent of Congress and the successive redesignations of subsec. (c)(8) as (c)(7) and then (e)(7) by Pub. L. 117–167, § 10103(a)(1), (2). See notes above. Subsec. (f). Pub. L. 117–167, § 10103(a)(2), (c), redesig- nated subsec. (d) as (f) and amended it generally. Prior to amendment, text read as follows: ‘‘The Secretary of Energy, shall continue and strengthen collaboration with the Administrator of the National Aeronautics and Space Administration on basic research to under- stand the effects and risks of human exposure to ion- izing radiation in low Earth orbit, and in the space en- vironment.’’ Subsecs. (g) to (k). Pub. L. 117–167, § 10103(d), added subsecs. (g) to (k). Subsec. (l). Pub. L. 117–167, § 10103(a)(4), added subsec. (l). 2020—Subsec. (c). Pub. L. 116–260, § 11001(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the establishment and purpose of a low-dose radiation research program. Subsec. (d). Pub. L. 116–260, § 11001(b), added subsec. (d). § 18645. Fusion energy (a) Program As part of the activities authorized under sec- tion 7139 of this title and section 16312 of this title, the Director shall carry out a fusion en- ergy sciences research and enabling technology development program to effectively address the scientific and engineering challenges to building a cost competitive fusion power plant and to support the development of a competitive fusion power industry in the United States. As part of this program, the Director shall carry out re- search activities to expand the fundamental un- derstandings of plasma and matter at very high temperatures and densities for fusion applica- tions and for other engineering and plasma science applications. (b) Fusion materials research and development (1) In general As part of the activities authorized in sec- tion 16318 of this title— (A) the Director, in coordination with the Assistant Secretary for Nuclear Energy of the Department, shall carry out research and development activities to identify, char- acterize, and demonstrate materials that can endure the neutron, plasma, and heat fluxes expected in a fusion power system; and (B) the Director shall provide an assess- ment of— (i) the need for one or more facilities that can examine and test potential fusion and next generation fission materials and other enabling technologies relevant to the development of fusion power; and (ii) whether a single new facility that substantially addresses magnetic fusion and next generation fission materials re- search needs is feasible, in conjunction with the expected capabilities of facilities operational as of September 28, 2018. (2) Authorization of appropriations Out of funds authorized to be appropriated under subsection (q),1 there is authorized to be appropriated to the Secretary to carry out ac- tivities described in paragraph (1) $50,000,000 for each of fiscal years 2023 through 2027. (c) Tokamak research and development The Director shall support research and devel- opment activities and facility operations to op- timize the tokamak approach to fusion energy. (d) Inertial fusion research and development (1) In general The Director shall carry out a program of re- search and technology development in inertial fusion for energy applications, including ion beam, laser, and pulsed power fusion systems. (2) Activities As part of the program described in para- graph (1), the Director shall support activities at and partnerships with universities and the National Laboratories to— (A) develop novel target designs; (B) support modeling of various inertial fu- sion energy concepts and systems; (C) develop diagnostic tools; and (D) improve inertial fusion energy driver technologies. (3) Authorization of appropriations Out of funds authorized to be appropriated under subsection (q),1 there are authorized to be appropriated to the Secretary to carry out the activities described in this subsection $25,000,000 for each of fiscal years 2021 through 2027. (e) Alternative and enabling concepts (1) In general The Director shall support research and de- velopment activities and facility operations at institutions of higher education, National Laboratories, and private facilities in the United States for a portfolio of alternative and enabling fusion energy concepts that may provide solutions to significant challenges to the establishment of a commercial magnetic fusion power plant, prioritized based on the ability of the United States to play a leader- ship role in the international fusion research community. (2) Activities Fusion energy concepts and activities ex- plored under paragraph (1) may include— (A) alternative fusion energy concepts, in- cluding— (i) advanced stellarator concepts; (ii) non-tokamak confinement configura- tions operating at low magnetic fields; (iii) magnetized target fusion energy concepts; or (iv) other promising fusion energy con- cepts identified by the Director; (B) enabling fusion technology develop- ment activities, including— (i) high magnetic field approaches facili- tated by high temperature super- conductors; (ii) liquid metals to address issues asso- ciated with fusion plasma interactions with the inner wall of the encasing device; and Page 9186 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18645 (iii) advanced blankets for heat manage- ment and fuel breeding; and (C) advanced scientific computing activi- ties. (3) Innovation network for fusion energy (A) In general The Secretary, acting through the Office of Science, shall support a program to pro- vide fusion energy researchers with access to scientific and technical resources and exper- tise at facilities supported by the Depart- ment, including such facilities at National Laboratories and universities, to advance in- novative fusion energy technologies toward commercial application. (B) Awards Financial assistance under the program es- tablished in subsection (a)— (i) shall be awarded on a competitive, merit-reviewed basis; and (ii) may be in the form of grants, vouch- ers, equipment loans, or contracts to pri- vate entities. (4) Authorization of appropriations Out of funds authorized to be appropriated under subsection (q),1 there are authorized to be appropriated to the Secretary to carry out the activities described in this subsection $50,000,000 for each of fiscal years 2021 through 2027. (f) Coordination with ARPA–E The Director shall coordinate with the Direc- tor of the Advanced Research Projects Agency- Energy (referred to in this subsection as ‘‘ARPA–E’’) to— (1) assess the potential for any fusion energy project supported by ARPA–E to represent a promising approach to a commercially viable fusion power plant; (2) determine whether the results of any fu- sion energy project supported by ARPA–E merit the support of follow-on research activi- ties carried out by the Office of Science; and (3) avoid the unintentional duplication of ac- tivities. (g) Omitted (h) Identification of priorities (1) Report (A) In general Not later than 2 years after September 28, 2018, the Secretary shall submit to Congress a report on the fusion energy research and development activities that the Department proposes to carry out over the 10-year period following the date of the report under not fewer than 3 realistic budget scenarios, in- cluding a scenario based on 3-percent annual growth in the non-ITER portion of the budg- et for fusion energy research and develop- ment activities. (B) Inclusions The report required under subparagraph (A) shall— (i) identify specific areas of fusion en- ergy research and enabling technology de- velopment in which the United States can and should establish or solidify a lead in the global fusion energy development ef- fort; (ii) identify priorities for initiation of fa- cility construction and facility decommis- sioning under each of the three budget sce- narios described in subparagraph (A); and (iii) assess the ability of the fusion work- force of the United States to carry out the activities identified under clauses (i) and (ii), including the adequacy of programs at institutions of higher education in the United States to train the leaders and workers of the next generation of fusion energy researchers. (2) Process In order to develop the report required under paragraph (1)(A), the Secretary shall leverage best practices and lessons learned from the process used to develop the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel. (3) Requirement No member of the Fusion Energy Sciences Advisory Committee shall be excluded from participating in developing or voting on final approval of the report required under para- graph (1)(A). (i) Milestone-based development program (1) In general Using the authority of the Secretary under section 7256(g) of this title, notwithstanding paragraph (10) of such section, the Secretary shall establish, not later than 6 months after the date of enactment of this section, a mile- stone-based fusion energy development pro- gram that requires projects to meet particular technical milestones before a participant is awarded funds by the Department. (2) Purpose The purpose of the program established by paragraph (1) shall be to support the develop- ment of a U.S.-based fusion power industry through the research and development of tech- nologies that will enable the construction of new full-scale fusion systems capable of dem- onstrating significant improvements in the performance of such systems, as defined by the Secretary, within 10 years of the enactment of this section. (3) Eligibility Any entity is eligible to participate in the program provided that the Secretary has deemed it as having the necessary resources and expertise. (4) Requirements In carrying out the milestone-based program under paragraph (1), the Secretary shall, for each relevant project— (A) request proposals from eligible enti- ties, as determined by the Secretary, that include proposed technical milestones, in- cluding estimated project timelines and total costs; (B) set milestones based on a rigorous technical review process; Page 9187 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18645 (C) award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph (1), or for expenses deemed reimbursable by the Secretary, in accordance with terms nego- tiated for an individual award; and (D) communicate regularly with selected eligible entities and, if the Secretary deems appropriate, exercise small amounts of flexi- bility for technical milestones as projects mature. (5) Awards For the program established under para- graph (1)— (A) an award recipient shall be responsible for all costs until milestones are achieved, or reimbursable expenses are reviewed and verified by the Department; (B) should an awardee not meet the mile- stones described in paragraph (4), the Sec- retary may end the partnership with an award recipient and use the remaining funds in the ended agreement for new or existing projects carried out under this section; and (C) consistent with the existing authori- ties of the Department, the Secretary may end the partnership with an award recipient for cause during the performance period. (6) Applications Any project proposal submitted to the pro- gram under paragraph (1) shall be evaluated based upon its scientific, technical, and busi- ness merits through a peer-review process, which shall include reviewers with appropriate expertise from the private sector, the invest- ment community, and experts in the science and engineering of fusion and plasma physics. (7) Project management In carrying out projects under this program and assessing the completion of their mile- stones in accordance with paragraph (4), the Secretary shall consult with experts that rep- resent diverse perspectives and professional experiences, including those from the private sector, to ensure a complete and thorough re- view. (8) Programmatic review Not later than 4 years after the Secretary has established 3 milestones under this pro- gram, the Secretary shall enter into a con- tractual arrangement with the National Acad- emy of Sciences to review and provide a report describing the findings of this review to the House Committee on Science, Space, and Technology and the Senate Committee on En- ergy and Natural Resources on the program established under this paragraph (1) that as- sesses— (A) the benefits and drawbacks of a mile- stone-based fusion program as compared to traditional program structure funding mod- els at the Department; (B) lessons-learned from program oper- ations; and (C) any other matters the Secretary deter- mines regarding the program. (9) Annual report As part of the annual budget request sub- mitted for each fiscal year, the Secretary shall provide the House Committee on Science, Space, and Technology and the Senate Com- mittee on Energy and Natural Resources a re- port describing partnerships supported by the program established under paragraph (1) dur- ing the previous fiscal year. (10) Authorization of appropriations Out of funds authorized to be appropriated under subsection (q),1 there are authorized to be appropriated to the Secretary to carry out the activities described in this subsection, to remain available until expended— (A) $45,000,000 for fiscal year 2021; (B) $65,000,000 for fiscal year 2022; (C) $105,000,000 for fiscal year 2023; (D) $65,000,000 for fiscal year 2024; (E) $45,000,000 for fiscal year 2025; (F) $45,000,000 for fiscal year 2026; and (G) $45,000,000 for fiscal year 2027. (j) Fusion reactor system design (1) In general Not later than 180 days after August 9, 2022, the Director shall establish not less than 2 na- tional teams described in paragraph (2) that shall— (A) develop conceptual pilot plant designs and technology roadmaps; and (B) create an engineering design of a pilot plant that will bring fusion to commercial viability. (2) National teams A national team referred to in paragraph (1) shall— (A) be composed of developers, manufac- turers, universities, National Laboratories, and representatives of the engineering, pro- curement, and construction industries; and (B) include public-private partnerships. (3) Authorization of appropriations Of the funds authorized to be appropriated for Fusion Energy Sciences in a fiscal year, there are authorized to be appropriated to the Secretary to carry out this subsection— (A) $35,000,000 for fiscal year 2023; (B) $50,000,000 for fiscal year 2024; (C) $65,000,000 for fiscal year 2025; (D) $80,000,000 for fiscal year 2026; and (E) $80,000,000 for fiscal year 2027. (k) General plasma science and applications The Director shall support research in general plasma science and high energy density physics that advance the understanding of the scientific community of fundamental properties and com- plex behavior of matter to control and manipu- late plasmas for a broad range of applications, including support for research relevant to ad- vancements in chip manufacturing and micro- electronics. (l) Sense of Congress It is the sense of Congress that the United States should support a robust, diverse program in addition to providing sufficient support to, at a minimum, meet its commitments to ITER and maintain the schedule of the project as deter- mined by the Secretary in coordination with the ITER Organization at the time of the enactment of this section. It is further the sense of Con- Page 9188 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18645 2 So in original. gress that developing the scientific basis for fu- sion, providing research results key to the suc- cess of ITER, and training the next generation of fusion scientists are of critical importance to the United States and should in no way be di- minished by participation of the United States in the ITER project. (m) International collaboration The Director shall— (1) as practicable and in coordination with other appropriate Federal agencies as nec- essary, ensure the access of United States re- searchers to the most advanced fusion re- search facilities and research capabilities in the world, including ITER; (2) to the maximum extent practicable, con- tinue to leverage United States participation ITER,2 and prioritize expanding international partnerships and investments in current and future fusion research facilities within the United States; and (3) to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international facilities that would provide access to the most ad- vanced fusion research facilities in the world to United States researchers. (n) Fission and fusion research coordination re- port (1) In general Not later than 6 months after the date of en- actment of this section, the Secretary shall transmit to Congress a report addressing op- portunities for coordinating fusion energy re- search and development activities between the Office of Nuclear Energy, the Office of Science, and the Advanced Research Projects Agency—Energy. (2) Components The report shall assess opportunities for col- laboration on research and development of— (A) liquid metals to address issues associ- ated with fusion plasma interactions with the inner wall of the encasing device and other components within the reactor; (B) immersion blankets for heat manage- ment and fuel breeding; (C) technologies and methods for instru- mentation and control; (D) computational methods and codes for system operation and maintenance; (E) codes and standard development; (F) radioactive waste handling; (G) radiological safety; (H) potential for non-electricity genera- tion applications; and (I) any other overlapping priority as iden- tified by the Director of the Office of Science or the Assistant Secretary of Energy for Nu- clear Energy. (o) High-performance computation collaborative research program (1) In general The Secretary shall carry out a program to conduct and support collaborative research, development, and demonstration of fusion en- ergy technologies, through high-performance computation modeling and simulation tech- niques, in order— (A) to support fundamental research in plasmas and matter at very high tempera- tures and densities; (B) to inform the development of a broad range of fusion energy systems; and (C) to facilitate the translation of research results in fusion energy science to industry. (2) Coordination In carrying out the program under para- graph (1), the Secretary shall coordinate with relevant Federal agencies, and prioritize the following objectives: (A) To use expertise from the private sec- tor, institutions of higher education, and the National Laboratories to leverage existing, and develop new, computational software and capabilities that prospective users may use to accelerate research and development of fusion energy systems. (B) To develop computational tools to sim- ulate and predict fusion energy science phe- nomena that may be validated through phys- ical experimentation. (C) To increase the utility of the research infrastructure of the Department by coordi- nating with the Advanced Scientific Com- puting Research program within the Office of Science. (D) To leverage experience from existing modeling and simulation entities sponsored by the Department. (E) To ensure that new experimental and computational tools are accessible to rel- evant research communities, including pri- vate sector entities engaged in fusion energy technology development. (F) To ensure that newly developed com- putational tools are compatible with modern virtual engineering and visualization capa- bilities to accelerate the realization of fu- sion energy technologies and systems. (3) Duplication The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the program under paragraph (1) with the activities of— (A) other research entities of the Depart- ment, including the National Laboratories, the Advanced Research Projects Agency— Energy, and the Advanced Scientific Com- puting Research program within the Office of Science; and (B) industry. (4) High-Performance Computing for Fusion Innovation Center (A) In general In carrying out the program under para- graph (1), the Secretary shall, in coordina- tion with the Innovation Network for Fusion Energy, establish and operate a national High-Performance Computing for Fusion In- novation Center (referred to in this para- graph as the ‘‘Center’’), to support the pro- gram under paragraph (1) by providing, to the extent practicable, a centralized entity for multidisciplinary, collaborative, fusion Page 9189 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18645 energy research and development through high-performance computing and advanced data analytics technologies and processes. (B) Eligible entities An entity eligible to serve as the Center shall be— (i) a National Laboratory; (ii) an institution of higher education; (iii) a multi-institutional collaboration; or (iv) any other entity that the Secretary determines to be appropriate. (C) Application; selection (i) Application To be eligible to serve as the Center, an eligible entity shall submit to the Sec- retary an application at such time, in such manner, and containing such information as the Secretary may require. (ii) Selection The Secretary shall select the Center on a competitive, merit-reviewed basis. (D) Existing activities The Center may incorporate existing re- search activities that are consistent with the program under paragraph (1). (E) Priorities (i) In general The Center shall prioritize activities that utilize expertise and infrastructure from a balance among the private sector, institutions of higher education, and the National Laboratories to enhance existing computation tools and develop new com- putational software and capabilities to ac- celerate the commercial application of fu- sion energy systems. (ii) Maintenance of resource availability The Secretary may enter into contracts with commercial cloud computing pro- viders to ensure that resource availability within the Department is not reduced or disproportionately distributed as a result of Center activities. (F) Duration Subject to subparagraph (G), the Center shall receive support for a period of not more than 5 years, subject to the avail- ability of appropriations. (G) Renewal On the expiration of the period of support of the Center under subparagraph (F), the Secretary may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years. (p) Material Plasma Exposure Experiment (1) In general The Secretary shall construct a Material Plasma Exposure Experiment facility as de- scribed in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee entitled ‘‘Powering the Future: Fusion and Plasmas’’. The Secretary shall consult with the private sector, institutions of higher edu- cation, National Laboratories, and relevant Federal agencies to ensure that the facility is capable of meeting Federal research needs for steady state, high-heat-flux, and plasma-mate- rial interaction testing of fusion materials over a range of fusion energy relevant param- eters. (2) Facility capabilities The Secretary shall ensure that the facility described in paragraph (1) will provide the fol- lowing capabilities: (A) A magnetic field at the target of 1 Tesla. (B) An energy flux at the target of 10 MW/ m2. (C) The ability to expose previously irradi- ated plasma facing material samples to plas- ma. (3) Start of operations The Secretary shall, subject to the avail- ability of appropriations, ensure that the start of full operations of the facility described in paragraph (1) occurs before December 31, 2027. (4) Funding Of the funds authorized to be appropriated for Fusion Energy Sciences, there are author- ized to be appropriated to the Secretary for the Office of Fusion Energy Sciences to com- plete construction of the facility described in paragraph (1)— (A) $21,895,000 for fiscal year 2023; and (B) $3,800,000 for fiscal year 2024. (q) Matter in Extreme Conditions instrument up- grade (1) In general The Secretary shall provide for the upgrade to the Matter in Extreme Conditions endstation at the Linac Coherent Light Source as described in the 2020 publication ap- proved by the Fusion Energy Sciences Advi- sory Committee entitled ‘‘Powering the Fu- ture: Fusion and Plasmas’’. The Secretary shall consult with the private sector, institu- tions of higher education, National Labora- tories, and relevant Federal agencies to ensure that this facility is capable of meeting Federal research needs for understanding physical and chemical changes to plasmas at fundamental timescales, and explore new regimes of dense material physics, astrophysics, planetary physics, and short-pulse laser-plasma inter- actions. (2) Start of operations The Secretary shall, subject to the avail- ability of appropriations, ensure that the start of full operations of the facility described in paragraph (1) occurs before December 31, 2028. (r) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this sec- tion— (1) $996,000,000 for fiscal year 2021; (2) $921,000,000 for fiscal year 2022; (3) $1,025,500,400 for fiscal year 2023; (4) $1,043,489,724 for fiscal year 2024; Page 9190 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18646 (5) $1,053,266,107 for fiscal year 2025; (6) $1,047,962,074 for fiscal year 2026; and (7) $1,114,187,798 for fiscal year 2027. (Pub. L. 115–246, title III, § 307, Sept. 28, 2018, 132 Stat. 3148; Pub. L. 116–260, div. Z, title II, § 2008(a), Dec. 27, 2020, 134 Stat. 2474; Pub. L. 117–167, div. B, title I, § 10105(a), Aug. 9, 2022, 136 Stat. 1441.) Editorial Notes REFERENCES IN TEXT Subsection (q), referred to in subsecs. (b)(2), (d)(3), (e)(4), and (i)(10), probably should be a reference to sub- sec. (r). Prior to amendment by Pub. L. 117–167, those references were to subsec. (o) of this section, which re- lated to authorization of appropriations and was redes- ignated as subsec. (r) by Pub. L. 117–167, § 10105(a)(6). See 2022 Amendment notes below. The date of enactment of this section, referred to in subsecs. (i)(1) and (n)(1), probably means the date of en- actment of Pub. L. 116—260, which enacted subsecs. (i) and (n) of this section and was approved Dec. 27, 2020. The enactment of this section, referred to in subsecs. (i)(2) and (l), probably means the enactment of Pub. L. 116—260, which enacted subsecs. (i) and (l) of this sec- tion and made other amendments to this section. CODIFICATION Section is comprised of section 307 of Pub. L. 115–246. Subsec. (g) of section 307 of Pub. L. 115–246 amended section 2053 of this title. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–167, § 10105(a)(1), des- ignated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and subpars. (A) and (B) of former par. (2) as cls. (i) and (ii), respectively, of sub- par. (B) of par. (1), and added par. (2). Subsec. (d)(3). Pub. L. 117–167, § 10105(a)(2), substituted ‘‘subsection (q)’’ for ‘‘subsection (o)’’, ‘‘this subsection’’ for ‘‘subsection (d)’’, and ‘‘2027’’ for ‘‘2025’’. Subsec. (e)(4). Pub. L. 117–167, § 10105(a)(3), substituted ‘‘subsection (q)’’ for ‘‘subsection (o)’’, ‘‘this subsection’’ for ‘‘subsection (e)’’, and ‘‘2027’’ for ‘‘2025’’. Subsec. (i)(10). Pub. L. 117–167, § 10105(a)(4)(A), sub- stituted, in introductory provisions, ‘‘subsection (q)’’ for ‘‘subsection (o)’’ and ‘‘this subsection’’ for ‘‘sub- section (i)’’. Subsec. (i)(10)(F), (G). Pub. L. 117–167, § 10105(a)(4)(B)–(D), added subpars. (F) and (G). Subsec. (j). Pub. L. 117–167, § 10105(a)(5), added subsec. (j) and struck out former subsec. (j). Prior to amend- ment, text read as follows: ‘‘The Director shall support research and development activities to design future fusion reactor systems and examine and address the technical drivers for the cost of these systems.’’ Subsecs. (o) to (q). Pub. L. 117–167, § 10105(a)(7), added subsecs. (o) to (q). Former subsec. (o) redesignated (r). Subsec. (r). Pub. L. 117–167, § 10105(a)(6), (8)(A), redes- ignated subsec. (o) as (r) and substituted ‘‘Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there’’ for ‘‘There’’ in introductory pro- visions. Subsec. (r)(3) to (7). Pub. L. 117–167, § 10105(a)(8)(B), added pars. (3) to (7) and struck out former pars. (3) to (5) relating to appropriations for fiscal years 2023 to 2025, respectively. 2020—Subsec. (a). Pub. L. 116–260, § 2008(a)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsecs. (b), (c). Pub. L. 116–260, § 2008(a)(1), redesig- nated subsecs. (a) and (b) as (b) and (c), respectively. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 116–260, § 2008(a)(3), amended sub- sec. (d) generally. Prior to amendment, text read as fol- lows: ‘‘The Director shall support research and develop- ment activities for inertial fusion for energy applica- tions.’’ Pub. L. 116–260, § 2008(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 116–260, § 2008(a)(4), amended sub- sec. (e) generally. Prior to amendment, text read as fol- lows: ‘‘The Director shall support research and develop- ment activities and facility operations at institutions of higher education, National Laboratories, and private facilities in the United States for a portfolio of alter- native and enabling fusion energy concepts that may provide solutions to significant challenges to the estab- lishment of a commercial magnetic fusion power plant, prioritized based on the ability of the United States to play a leadership role in the international fusion re- search community.’’ Pub. L. 116–260, § 2008(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsecs. (f) to (h). Pub. L. 116–260, § 2008(a)(1), redesig- nated subsecs. (f) and (g) as (g) and (h), respectively. Subsecs. (i) to (o). Pub. L. 116–260, § 2008(a)(5), added subsecs. (i) to (o). § 18646. Nuclear physics (a) Program As part of the activities authorized under sec- tion 7139 of this title, the Director shall carry out a research program, and support relevant fa- cilities, to discover and understand various forms of nuclear matter. (b) Electron Ion Collider (1) In general The Secretary shall support construction of an Electron Ion Collider as described in the 2015 Long Range Plan of the Nuclear Science Advisory Committee and the report from the National Academies of Science, Engineering, and Medicine entitled ‘‘An Assessment of U.S.- Based Electron-Ion Collider Science’’, in order to measure the internal structure of the pro- ton and the nucleus and answer fundamental questions about the nature of visible matter. (2) Facility capability The Secretary shall ensure that the facility described in paragraph (1) meets the require- ments in the 2015 Long Range Plan described in that paragraph, including— (A) at least 70 percent polarized beams of electrons and light ions; (B) ion beams from deuterium to the heaviest stable nuclei; (C) variable center of mass energy from 20 to 140 GeV; (D) high collision luminosity of 1033–34cm-2s-1; and (E) the possibility of more than 1 inter- action region. (3) Start of operations The Secretary shall, subject to the avail- ability of appropriations, ensure that the start of full operations of the facility under this subsection occurs before December 31, 2030. (4) Funding Out of funds authorized to be appropriated under subsection (c), there are authorized to be appropriated to the Secretary to carry out construction of the facility under this sub- section— (A) $90,000,000 for fiscal year 2023; (B) $181,000,000 for fiscal year 2024;