Title 42, The Public Health and WelfareRelease 119-110

§16312 Fusion Energy Sciences Program

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER IX — RESEARCH AND DEVELOPMENT › Part G — Science › § 16312

Last updated Sep 22, 2026|Official source

Summary

The United States must carry out research, development, demonstrations, and support for businesses so it has the science, engineering, and commercial base to compete in fusion energy and to show fusion can produce electricity or hydrogen for the U.S. grid as soon as possible. Within 180 days after August 8, 2005, the Secretary must give Congress a plan with cost estimates, budgets, and possible international partners. The plan must make better use of current fusion facilities; strengthen fusion science, technology, theory, and computing; choose new magnetic and inertial fusion projects based on scientific value and cost; fund selected facilities cost-effectively; improve sharing of results with other science fields; use inertial confinement facilities for fusion energy R&D when practical; study promising alternative fusion approaches; and, where possible, follow the Fusion Energy Sciences Advisory Committee’s March 2004 workforce recommendations and reassess needs periodically. The plan must also, when practical, include costs and schedules for designing and building national or international facilities to test fusion materials and key fusion technologies. The United States may participate in building and operating ITER under the April 25, 2007 Agreement. The Director must coordinate U.S. duties under that Agreement. Within 1 year after this section is enacted, the Secretary must give Congress a report on the most recent ITER schedule approved by the ITER Council. From funds authorized under section 18645(o), these amounts must be available for ITER construction: $374,000,000 for fiscal year 2021; $379,700,000 for fiscal year 2023; $419,250,000 for fiscal year 2024; $415,000,000 for fiscal year 2025; $370,500,000 for fiscal year 2026; and $411,078,000 for fiscal year 2027.

Full Legal Text

Title 42, §16312

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

(a)Declaration of policy
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)Planning
(1)In general
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)Costs and schedules
The plan shall also address the status of and, to the extent practicable, costs and schedules for— (A)
(B)the design and implementation of international or national facilities for the testing and development of key fusion technologies.
(c)United States participation in ITER
(1)In general
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)Report
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)Authorization of appropriations
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16312

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110