[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 646 Engrossed in Senate (ES)]
103d CONGRESS
1st Session
S. 646
_______________________________________________________________________
AN ACT
To establish within the Department of Energy an international fusion
energy program, and for other purposes.
103d CONGRESS
1st Session
S. 646
_______________________________________________________________________
AN ACT
To establish within the Department of Energy an international fusion
energy program, 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 ``International Fusion Energy Act of
1993''.
SEC. 2. FINDINGS, PURPOSES AND DEFINITIONS.
(a) Findings.--Congress finds that--
(1) fusion energy has the potential to be a safe,
environmentally attractive, secure and economically affordable
source of energy;
(2) the United States Department of Energy's magnetic
fusion energy program has made significant progress toward
realizing fusion as a viable source of energy;
(3) other industrial nations have also invested in
significant magnetic fusion energy programs;
(4) an integrated program of international collaboration
will be necessary for continued progress to demonstrate the
scientific and technological feasibility of magnetic fusion
energy;
(5) there is international agreement to proceed with the
engineering and design of the International Thermonuclear
Experimental Reactor to prove the scientific and technical
feasibility of fusion energy and to lead to a demonstration
reactor;
(6) the United States should focus the Department of
Energy's magnetic fusion energy program on elements furthering
the design, construction and operation of the International
Thermonuclear Experimental Reactor and a fusion demonstration
reactor, including the operation of the Tokamak Physics
Experiment;
(7) the continuation of an aggressive fusion energy program
requires the Department of Energy, industry, utilities, and the
international fusion community to commit to the International
Thermonuclear Experimental Reactor as soon as practicable; and
(8) an effective United States fusion energy program
requires substantial involvement by industry and utilities in
the design, construction, and operation of fusion facilities.
(b) Purposes.--The purposes of this Act are to--
(1) redirect and refocus the Department's magnetic fusion
energy program in a way that will lead to the design,
construction and operation of the International Thermonuclear
Experimental Reactor by 2005, in cooperation with other
countries, and operation of a fusion demonstration reactor by
2025;
(2) develop a plan identifying the budget, critical path,
milestones and schedules for the International Thermonuclear
Experimental Reactor;
(3) limit the Department of Energy's magnetic fusion energy
program to elements that support the development of the
International Thermonuclear Experimental Reactor or a fusion
demonstration reactor, including the Tokamak Physics Experiment
to be built at the Princeton Plasma Physics Laboratory; and
(4) select a candidate host site within the United States
for the International Thermonuclear Experimental Reactor and to
identify the steps necessary to lead to the selection of the
final host site by the international community.
(c) Definitions.--
(1) ``Department'' means the United States Department of
Energy;
(2) ``ITER'' means the International Thermonuclear
Experimental Reactor; and
(3) ``Secretary'' means the Secretary of the United States
Department of Energy.
SEC. 3. INTERNATIONAL FUSION ENERGY PROGRAM.
(a)(1) Office of the Fusion Negotiator.--(A) There is established
the Office of the International Fusion Negotiator that shall be an
independent establishment in the executive branch.
(B) The Office shall be headed by an International Fusion
Negotiator who shall be appointed by the President, by and with the
advice and consent of the Senate. The Negotiator shall hold office at
the pleasure of the President, and shall be compensated at the rate
provided for level III of the Executive Schedule in section 5314 of
title 5, United States Code.
(C) The Negotiator, in consultation with the Secretary and the
Secretary of State, shall represent the United States in negotiations
with other countries relating to the design, construction or operation
of the International Thermonuclear Experimental Reactor.
(2) Program.--The Secretary shall redirect and refocus the
Department's magnetic fusion program in a way that will lead to the
design, construction and operation of ITER by 2005 and operation of a
fusion demonstration reactor by 2025. The Department's magnetic fusion
program shall be referred to as the program and shall be carried out in
cooperation with the international community.
(b) Requirements.--In developing the program, the Secretary shall--
(1) establish as the main focus of the Department's
magnetic fusion energy program the development of ITER;
(2) provide for the development of fusion materials and
other reactor components to the extent necessary for the
development of a fusion demonstration reactor;
(3) eliminate those components of the magnetic fusion
energy program not contributing directly to development of ITER
or to the development of a fusion demonstration reactor;
(4) select a candidate host site within the United States
for the International Thermonuclear Experimental Reactor;
(5) provide support, as requested, to the International
Fusion Negotiator in negotiating with other countries involved
in ITER to select a final host site for ITER and to agree to
construct ITER as soon as practicable;
(6) provide for 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
(7) provide for reducing the level of effort in the program
to the levels prescribed in section 4(b)(2) in the event the
program is terminated in accordance with subsection (g).
(c) Management Plan.--(1) Within one hundred eighty days of the
date of enactment of this Act, the Secretary shall prepare, in
consultation with the International Fusion Negotiator, and implement a
management plan for the program. The plan shall be revised and updated
biannually.
(2) The plan shall--
(A) establish the goals of the program;
(B) describe how each component of the Department's program
contributes directly to the development of ITER or development
of a fusion demonstration reactor;
(C) set priorities for the elements of the Department's
program, identifying those elements that contribute directly to
the development of ITER or to the development of a fusion
demonstration reactor;
(D) provide for the elimination of those elements of the
magnetic fusion energy program not contributing directly to the
development of ITER, or to the development of fusion materials
or other reactor components that are necessary for the
development of a fusion demonstration reactor;
(E) describe the selection process for a proposed host site
within the United States for ITER;
(F) establish the necessary steps that will lead to the
final selection of the host site for ITER by the countries
involved in the program by the end of 1996.
(G) establish the necessary steps that will lead to the
design, construction and operation of ITER by 2005 and
operation of a fusion demonstration reactor by 2025;
(H) establish a schedule and critical path, including
milestones, and a budget that will allow for the design,
construction and operation of ITER by 2005 and operation of a
demonstration fusion reactor by 2025;
(I) provide mechanisms for ensuring substantial industry
and utility involvement in the design, construction and
operation of ITER;
(J) set forth any recommendations of the Secretary on--
(i) the need for additional legislation regarding
the program; or
(ii) the possibility and desireability of
accelerating the design and construction of ITER or the
development of a fusion demonstration reactor; and
(K) provide for reducing the level of effort in magnetic
fusion to the levels prescribed in section 4(b)(2) in the event
the program is terminated in accordance with subsection (g).
(d) International Agreements.--(1) The International Fusion
Negotiator may negotiate or enter into agreements with any country
governing the design, construction and operation of ITER or facilities
related to ITER.
(2) The International Fusion Negotiator shall seek to enter into
agreements with other countries to share in the cost of the facilities
and components of the program that contribute to the design,
construction or operation of ITER or to the development of a fusion
demonstration reactor.
(e) Report on ITER Negotiations.--The International Fusion
Negotiator shall submit an annual report to the Congress on the status
of negotiations with other countries regarding ITER. The report shall--
(1) identify the issues to be negotiated with other
countries involved in the program;
(2) identify impediments to reaching agreement on a host
site for ITER, or on issues related to the construction or
operation of ITER;
(3) identify the steps needed to reach agreement on a host
site for ITER or on issues related to the construction or
operation of ITER;
(4) establish the timetable for agreement related to the
siting, operation and construction of ITER; and
(5) assess the likelihood of reaching agreement on a host
site for ITER and on issues related to the construction or
operation of ITER.
(f) Certification.--Prior to seeking funds for construction of
ITER, the Secretary, after consultation with the International Fusion
Negotiator, shall certify to the Congress that there is agreement in
place or there is a substantial likelihood agreement will be reached
with the countries involved in ITER on the siting, construction and
operation of ITER.
(g) Termination.--(1) The Secretary shall report to Congress if the
Secretary determines that--
(A) ITER is no longer essential to the development of a
fusion demonstration reactor;
(B) no agreement can be reached on the final host site for
ITER;
(C) no agreement can be reached on the final design of ITER
or on issues related to construction of ITER; or
(D) there is an insufficient commitment to the final ITER
design by United States industry and utilities.
(2) Within thirty days of submission of the report under paragraph
(1), the Secretary shall initiate the termination of the program.
(3) In the event the Secretary terminates the program, the
Secretary may continue to carry out research in magnetic fusion, but
only at the levels authorized in section 4(b)(2).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Limitation on Appropriations.--No more funds may be
appropriated to carry out the purposes of this Act than the amounts set
forth in subsection (b). This Act shall be the exclusive source of
authorization of appropriations to support any activities of the
Secretary relating to magnetic fusion energy.
(b) Appropriations.--(1) There is authorized to be appropriated to
the Secretary for carrying out the purposes of this Act $380,000,000
for fiscal year 1994, $425,000,000 for fiscal year 1995, $475,000,000
for fiscal year 1996, and such sums as may be necessary thereafter.
(2) In the event the Secretary terminates the program, there is
authorized to be appropriated to the Secretary $50,000,000 for 1994,
$50,000,000 for 1995 and $50,000,000 for 1996 for activities relating
to magnetic fusion energy.
Passed the Senate June 29 (legislative day, June 22), 1993.
Attest:
Secretary.
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