### §16312. Fusion energy sciences program

#### (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) 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) 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.

(Pub. L. 109–58, title IX, §972, Aug. 8, 2005, 119 Stat. 899; Pub. L. 116–260, div. Z, title II, §2008(b), Dec. 27, 2020, 134 Stat. 2478; Pub. L. 117–167, div. B, title I, §10105(b), Aug. 9, 2022, 136 Stat. 1445.)

#### **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.