[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 646 Referred in House (RFH)]

103d CONGRESS
  1st Session
                                 S. 646


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 1993

 Referred jointly to the Committees on Science, Space, and Technology, 
                Energy and Commerce, and Foreign Affairs

_______________________________________________________________________

                                 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:

                                             WALTER J. STEWART,

                                                             Secretary.