§16312 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Requires the United States to do research, development, demonstrations, and commercial work so the country can compete in making fusion energy. It must build the science, engineering, and business systems needed and try to show fusion can make electricity or hydrogen for the U.S. grid as soon as possible. Within 180 days after August 8, 2005, the Secretary must send Congress a plan with cost estimates, budgets, and possible international partners. The plan must use current fusion facilities more, strengthen fusion science and modeling, pick new fusion projects for scientific value and cost-effectiveness to speed practical fusion, fund chosen facilities at cost-effective levels, improve sharing of results with other science and tech fields, use inertial confinement facilities when practical for inertial fusion R&D, explore other promising fusion approaches, and follow workforce planning advice from March 2004. The plan must also report the status, costs, and schedules for designing and building national or international facilities to test fusion materials and key technologies. The United States is allowed to join construction and operation of ITER under the April 25, 2007 agreement, and the Director must handle U.S. responsibilities. Within 1 year after this became law, the Secretary must give Congress a report on the latest ITER schedule approved by the ITER Council. Using funds authorized under section 18645(o), these amounts must be made available for ITER construction: $374,000,000 for FY2021; $379,700,000 for FY2023; $419,250,000 for FY2024; $415,000,000 for FY2025; $370,500,000 for FY2026; and $411,078,000 for FY2027.

Title 42, §16312

The Public Health and Welfare — Source: USLM XML via OLRC

(a)It shall be the policy of the United States to conduct research, development, demonstration, and commercial applications to provide for the scientific, engineering, and commercial infrastructure necessary to ensure that the United States is competitive with other countries in providing fusion energy for its own needs and the needs of other countries, including by demonstrating electric power or hydrogen production for the United States energy grid using fusion energy at the earliest date.

(b)(1)Not later than 180 days after August 8, 2005, the Secretary shall submit to Congress a plan (with proposed cost estimates, budgets, and lists of potential international partners) for the implementation of the policy described in subsection (a) in a manner that ensures that—

(A)existing fusion research facilities are more fully used;

(B)fusion science, technology, theory, advanced computation, modeling, and simulation are strengthened;

(C)new magnetic and inertial fusion research and development facilities are selected based on scientific innovation and cost effectiveness, and the potential of the facilities to advance the goal of practical fusion energy at the earliest date practicable;

(D)facilities that are selected are funded at a cost-effective rate;

(E)communication of scientific results and methods between the fusion energy science community and the broader scientific and technology communities is improved;

(F)inertial confinement fusion facilities are used to the extent practicable for the purpose of inertial fusion energy research and development;

(G)attractive alternative inertial and magnetic fusion energy approaches are more fully explored; and

(H)to the extent practicable, the recommendations of the Fusion Energy Sciences Advisory Committee in the report on workforce planning, dated March 2004, are carried out, including periodic reassessment of program needs.

(2)The plan shall also address the status of and, to the extent practicable, costs and schedules for—

(A)the design and implementation of international or national facilities for the testing of fusion materials; and

(B)the design and implementation of international or national facilities for the testing and development of key fusion technologies.

(c)(1)There is authorized United States participation in the construction and operations of the ITER project, as agreed to under the April 25, 2007 “Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project”. The Director shall coordinate and carry out the responsibilities of the United States with respect to this Agreement.

(2)Not later than 1 year after the date of enactment of this section, the Secretary shall submit to Congress a report providing an assessment of the most recent schedule for ITER that has been approved by the ITER Council.

(3)Out of funds authorized to be appropriated under section 18645(o) of this title, there shall be made available to the Secretary to carry out the construction of ITER—

(A)$374,000,000 for fiscal year 2021;

(B)$379,700,000 for fiscal year 2023;

(C)$419,250,000 for fiscal year 2024;

(D)$415,000,000 for fiscal year 2025;

(E)$370,500,000 for fiscal year 2026; and

(F)$411,078,000 for fiscal year 2027.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (c)(2), probably means the date of enactment of Pub. L. 116–260, which enacted subsec. (c) of this section and was approved Dec. 27, 2020.

Amendments

2022—Subsec. (c)(3)(B) to (F). Pub. L. 117–167 added subpars. (B) to (F) and struck out former subpar. (B) which read as follows: “$281,000,000 for each of fiscal years 2022 through 2025.” 2020—Subsec. (c). Pub. L. 116–260 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to United States participation in ITER.

§16312 Fusion Energy Sciences Program