[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 646 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 646

 To establish within the Department of Energy an international fusion 
                energy program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 24 (legislative day, March 3), 1993

 Mr. Johnston introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 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 the design, 
        construction and operation of the International Thermonuclear 
        Experimental Reactor;
            (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) eliminate from the Department of Energy's magnetic 
        fusion energy program those elements that do not directly 
        support the development of the International Thermonuclear 
        Experimental Reactor or the development of a fusion 
        demonstration reactor; 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) 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 ITER program and shall be carried 
out in cooperation with the international community.
    (b) Requirements.--In developing the ITER 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) negotiate 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 ITER 
        program to the levels prescribed in section 4(b)(2) in the 
        event the ITER 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 and implement a 
management plan for the ITER program. The plan shall be revised and 
updated biannually.
    (2) The plan shall--
            (A) establish the goals of the ITER program;
            (B) describe how each component of the Department's TIER 
        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 
        ITER 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 ITER 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 ITER 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 ITER program is terminated in accordance with subsection 
        (g).
    (d) International Agreements.--(1) The Secretary may negotiate or 
enter into agreements with any country governing the design, 
construction and operation of ITER or facilities related to ITER.
    (2) The Secretary shall seek to enter into agreements with other 
countries to share in the cost of the facilities and components of the 
ITER 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 Secretary 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 ITER 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;
            (5) assess the likelihood of reaching agreement on a host 
        site for ITER and on issues related to the construction or 
        operation of ITER; and
            (6) set forth the Secretary's recommendation on whether a 
        special negotiator should be appointed to carry out 
        negotiations on behalf of the United States with the countries 
        involved in the ITER program.
    (f) Certification.--Prior to seeking funds for construction of 
ITER, the Secretary 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 ITER program.
    (3) In the event the Secretary terminates the ITER 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 $350,000,000 
for fiscal year 1994, $390,000,000 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 ITER 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.

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