Magnetic Fusion Engineering Act of 1980
PL 96-386 (H.R.6308), enacted 10/07/1980

PUBLIC LAW 96-386—OCT. 7, 1980 
94 STAT. 1539 
Public Law 96-386 
96th Congress 
An Act 
To provide for an accelerated program of research and development of magnetic — 
' 
— 
fusion energy technologies leading to the construction and successful operation of 
[H.R. 6308] 
a magnetic fusion demonstration plant in the United States before the end of the 
twentieth century to be carried out by the Department of Energy. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may be Magnetic Fusion 
cited as the "Magnetic Fusion Energy Engineering Act of 1980". Engifeering Act 
of 1980. 
FINDINGS AND POUCY 
42 USC 9301 
note. 
SEC. 2. (a) The Congress hereby finds that— 
42 use 930i. 
(1) the United States must formulate an energy policy designed 
to meet an impending worldwide shortage of many exhaustible, 
conventional energy resources in the next few decades; 
(2) the energy policy of the United States must be designed to 
ensure that energy technologies using essentially inexhaustible 
resources are commercially available at a time prior to serious 
depletion of conventional resources; 
(3) fusion energy is one of the few known energy sources which 
are essentially inexhaustible, and thus constitutes a long-term 
energy option; 
(4) major progress in all aspects of magnetic fusion energy 
technology during the past decade instills confidence that power 
production from fusion energy systems is achievable; 
(5) the United States must aggressively pursue research and 
development programs in magnetic fusion designed to foster 
advanced concepts and advanced technology and to develop 
efficient, reliable components and subsystems; 
(6) to ensure the timely commercialization of magnetic fusion 
energy systems, the United States must demonstrate at an early 
date the engineering feasibility of magnetic fusion energy 
systems; 
(7) progress in magnetic fusion energy systems is currently 
limited by the funds made available rather than technical 
barriers; 
(8) it is a proper role for the Federal Government to accelerate 
research, development, and demonstration programs in mag-
netic fusion energy technologies; and 
(9) acceleration of the current magnetic fusion program will 
require a doubling within seven years of the present funding 
level without consideration of inflation and a 25 per centum 
increase in funding each of fiscal years 1982 and 1983. 
(b) It is therefore declared to be the policy of the United States and 
the purpose of this Act to accelerate the national effort in research, 
development, and demonstration activities related to magnetic fusion 
energy systems. Further, it is declared to be the policy of the United 
States and the purpose of this Act that the objectives of such program 
shall be— 
94 STAT. 1540 
PUBLIC LAW 96-386—OCT. 7, 1980 
(1) to promote an orderly transition from the current research 
and development program through commercial development; 
(2) to establish a national goal of demonstrating the engineer-
ing feasibility of 
magnetic fusion by the early 1990 s; 
(3) to achieve at the earliest practicable time, but not later 
than the year 1990, operation of a magnetic fusion engineering 
device based on the best available confinement concept; 
(4) to establish as a national goal the operation of a magnetic 
fusion demonstration plant at the turn of the twenty-first 
century; 
(5) to foster cooperation in magnetic fusion research and 
development among government, universities, industry, and 
national laboratories; 
(6) to promote the broad participation of domestic industry in 
the national magnetic fusion program; 
(7) to continue international cooperation in magnetic fusion 
research for the benefit of all nations; 
(8) to promote greater public understanding of magnetic 
fusion; and 
(9) to maintain the United States as the world leader in 
magnetic fusion. 
DEFINITIONS 
42 use 9302. 
SEC. 3. For the purposes of this Act— 
(1) "fusion" means a process whereby two light nuclei, such as 
deuterium and tritium, collide at high velocity, forming a com-
pound nucleus, which subsequently separates into constituents 
which are different from the original colliding nuclei, and which 
carry away the accompanying energy release; 
(2) "magnetic fusion" means the use of magnetic fields to 
confine a very hot, fully ionized gas of light nuclei, so that the 
fusion process can occur; 
(3) "energy system" means a facility designed to utilize energy 
released in the magnetic fusion process for the generation of 
electricity and the production of hydrogen or other fuels; 
(4) "fusion engineering device" means a magnetic fusion facil-
ity which achieves at least a burning plasma and serves to test 
components for engineering purposes; 
(5) "demonstration plant" means a prototype energy system 
which is of sufficient size to provide safety, environmental 
reliability, availability, and ready engineering extrapolation of 
all components to commercial size but which system need not be 
economically competitive with then alternative energy sources; 
and 
(6) "Secretary" means Secretary of Energy. 
PROGRAM ACTIVITIES 
42 use 9303. 
SEC. 4. (a) The Secretary shall initiate activities or accelerate 
existing activities in research areas in which the lack of knowledge 
limits magnetic fusion energy systems in order to ensure the achieve-
ment of the purposes of 
this Act. 
Plasma 
O
^
X
D The Secretary shall maintain an aggressive plasma confine-
confinement 
ment research program on the current lead concept to provide a full 
researc . 
measure of support for the design, construction, and operation of the 
fusion engineering devices. 
PUBLIC LAW 96-386—OCT. 7, 1980 
94 STAT. 1541 
(2) The Secretary shall maintain a broadly based research program 
on alternate confinement concepts and on advanced fuels at a 
sufficient level of funding to achieve optimal design of each succes-
sive magnetic fusion facility using the then best available confine-
ment and fuel concept. 
(3) The Secretary shall ensure that research on properties of 
materials likely to be required for the construction effusion engineer-
ing devices is adequate to provide timely information for the design of 
such devices. 
(c)(1) The Secretary shall initiate design activities on a fusion 
engineering device using the best available confinement concept to 
ensure operation of such a device at the earliest practicable time, but 
not later than the year 1990. 
(2) The Secretary shall develop and test the adequacy of the 
engineering design of components to be utilized in the fusion engi-
neering device. 
(d) The Secretary shall initiate at the earliest practical time each 
activity which he deems necessary to achieve the national goal for 
operation of a demonstration plant at the turn of the twenty-first 
century. 
(e) The Secretary shall continue efforts to assess factors which will 
determine the commercial introduction of magnetic fusion energy 
systems including, but not limited to— 
(1) projected costs relative to other alternative energy sources; 
(2) projected growth rates in energy demand; 
(3) safety-related design limitations; 
(4) environmental impacts; and 
(5) limitations on the availability of strategic elements, such as 
helium, lithium, and special metals. 
Fusion 
engineering 
device designs. 
Magnetic fusion 
energy systems, 
assessment 
factors. 
COMPREHENSIVE PROGRAM MANAGEMENT PLAN 
SEC. 5. (a) The Secretary shall prepare a comprehensive program 
management plan for the conduct of the research, development, and 
demonstration activities under this Act. Such plan shall include at a 
minimum— 
(1) a presentation of the program strategy which will be used to 
achieve the purposes of this Act; 
(2) a five-year program implementation schedule, including 
identification of detailed milestone goals, with associated budget 
and program resources requirements; 
(3) risk assessments; 
(4) supporting research and development needed to solve 
problems which may inhibit or limit development of magnetic 
fusion energy systems; and 
(5) an analysis of institutional, environmental, and economic 
considerations which are limiting the national magnetic fusion 
program. 
(b) The Secretary shall transmit the comprehensive program man-
agement plan to the Committee on Science and Technology of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate not later than January 1,1982. 
42 u s e 9304. 
Submittal to 
congressional 
committees. 
MAGNETIC FUSION ENGINEERING CENTER 
SEC. 6. (a) The Secretary shall develop a plan for the creation of a 42 USC 9305. 
national magnetic fusion engineering center for the purpose of 
accelerating fusion technology development via the concentration 
94 STAT. 1542 
PUBLIC LAW 96-386—OCT. 7, 1980 
Plan 
development, 
factors. 
Report to 
congressional 
committees. 
and coordination of major magnetic fusion engineering devices and 
associated activities at such a national center. 
(b) In developing the plan, the Secretary shall include relevant 
factors including, but not limited to— 
(1) means of saving cost and time through the establishment of 
the national center relative to the cost and schedule currently 
projected for the program; 
(2) means of providing common facilities to be shared by many 
magnetic fusion concepts; 
(3) assessment of the environmental and safety-related aspects 
of the national center; 
(4) provisions for international cooperation in magnetic fusion 
activities at the national center; 
(5) provision of access to facilities for the broader technical 
involvement of domestic industry and universities in the mag-
netic fusion energy program; 
(6) siting criteria for the national center including a list of 
potential sites; 
(7) the advisability of establishing such a center considering all 
factors, including the alternative means and associated costs of 
pursuing such technology; and 
(8) changes in the management structure of the magnetic 
fusion program to allow more effective direction of activities 
related to the national center. 
(c) The Secretary shall submit not later than July 1,1981, a report 
to the House Committee on Science and Technology and the Senate 
Committee on Energy and Natural Resources characterizing the plan 
and setting forth the steps necessary for implementation of the plan, 
including any steps already implemented. 
42 u s e 9306. 
Membership. 
Review. 
TECHNICAL PANEL ON MAGNETIC FUSION 
SEC. 7. (a) A technical panel on magnetic fusion of the Energy 
Research Advisory Board shall be established to review the conduct 
of the national magnetic fusion energy program. 
(b)(1) The technical panel shall be comprised of such representa-
tives from domestic industry, universities, government laboratories, 
and other scientific and technical organizations as the Chairman of 
the Energy Research Advisory Board deems appropriate based on his 
assessment 
of 
the 
technical 
qualifications 
of 
each 
such 
representative. 
(2) Members of the technical panel need not be members of the full 
Energy Research Advisory Board. 
(c) The activities of the technical panel shall be in compliance with 
any laws and regulations guiding the activities of technical and fact-
finding groups reporting to the Energy Research Advisory Board. 
(d) The technical panel shall review and may make recommenda-
tions on the following items, among others: 
(1) the preparation of the five-year program plan prepared 
pursuant to section 5; 
(2) the t3T)e of future facilities needed to meet the goals of this 
Act along with their projected completion dates; 
(3) the adequacy of participation by universities and industry 
in the program; 
(4) the adequacy of international cooperation in magnetic 
fusion and any problems associated therewith; and 
PUBLIC LAW 96-386—OCT. 7, 1980 
94 STAT. 1543 
(5) institutional, environmental, and economic factors limiting, 
or prospectively limiting, efforts to achieve commercial applica-
tion of magnetic fusion energy systems. 
(e) The technical board shall submit to the Energy Research Written report. 
Advisory Board on at least a triennial basis a written report of its 
findings and recommendations with regard to the magnetic fusion 
program. 
(f) After consideration of the technical panel report, the Energy 
Research Advisory Board shall submit such report, together with any 
comments such Board deems appropriate, to the Secretary. 
Report to 
Secretary. 
PROGRAM ADVISORY COMMITTEES 
SEC. 8. The Secretary may direct the director of each laboratory or 
installation at which a major magnetic fusion facility is operated for, 
or funded primarily by, the Federal Government to establish, for the 
sole purpose of providing advice to such director, a program advisory 
committee composed of persons with expertise in magnetic fusion 
from such domestic industry, universities, government laboratories, 
and other scientific and technical organizations as such director 
deems appropriate. 
42 u s e 9307. 
INTERNATIONAL COOPERATION 
SEC. 9. (a)(1) The Secretary in consultation with the Secretary of 
State shall actively seek to enter into or to strengthen existing 
international cooperative agreements in magnetic fusion research 
and development activities of mutual benefit to all parties. 
(2) The Secretary shall seek to achieve equitable exchange of 
information, data, scientific personnel, and other considerations in 
the conduct of cooperative efforts with technologically advanced 
nations. 
(b)(1) The Secretary shall examine the potential impacts on the 
national magnetic fusion program of United States participation in 
an international effort to construct fusion engineering devices. 
(2) The Secretary shall explore, to the extent feasible, the prospects 
for joint financial participation by other nations with the United 
States in the construction of a fusion engineering device. 
(3) Within two years of the enactment of this Act the Secretary 
shall transmit to the House Committee on Science and Technology 
and the Senate Committee on Energy and Natural Resources the 
results of such examinations and explorations with his recommenda-
tions for construction of a national or international fusion engi-
neering device: Provided, however, That such examinations and 
explorations shall not have the effect of delaying design activities 
related to a national fusion engineering device. 
42 u s e 9308. 
Magnetic 
fusion, 
examination 
and 
exploration. 
Results, 
transmittal to 
congressional 
committees. 
TECHNICAL MANPOWER REQUIREMENTS 
SEC. 10. (a) The Secretary shall assess the adequacy of the projected 
United States supply of manpower in the engineering and scientific 
disciplines required to achieve the purposes of this Act taking 
cognizance of the other demands likely to be placed on such man-
power supply. 
(b) The Secretary shall within one year of the date of enactment of 
this Act submit a report to the President and to the Congress setting 
forth his assessment along with his recommendations regarding the 
42 u s e 9309. 
Report to 
President and 
eongress. 
94 STAT. 1544 
PUBLIC LAW 96-386—OCT. 7, 1980 
42 u s e 9310. 
Submittal to 
Congress. 
42 u s e 9311. 
42 u s e 7321. 
42 u s e 9312. 
42 u s e 7270. 
eontracts. 
need for increased support for education in such engineering and 
scientific disciplines. 
INFORMATION DISSEMINATION 
SEC. 11. (a) The Secretary shall take all necessary steps to assure 
that technical information relevant to the status and progress of the 
national magnetic fusion program is made readily available to 
interested persons in domestic industry and universities in the 
United States: Provided, however. That upon a showing to the 
Secretary by any person that any information or portion thereof 
provided to the Secretary directly or indirectly from such person 
would, if made public, divulge (1) trade secrets or (2) other proprietary 
information of such person, the Secretary shall not disclose such 
information and disclosure thereof shall be punishable under section 
1905 of title 18, United States Code. 
(b) The Secretary shall maintain an aggressive program in the 
United States for the provision of public information and educational 
materials to promote widespread knowledge of magnetic fusion 
among educational, community, business, environmental, labor, and 
governmental entities and the public at large. 
REPORTS 
SEC. 12. As a separate part of the annual report submitted pursuant 
to section 801 of the Department of Energy Organization Act (Public 
Law 95-91), the Secretary shall submit to Congress an annual report 
of activities pursuant to this Act. Such report shall include— 
(a) modifications to the comprehensive program management 
plan for implementing this Act; 
(b) an evaluation of the status of national magnetic fusion 
energy program in the United States; 
(c) a summary of the findings and recommendations of any 
report of the Energy Research Advisory Board on magnetic 
fusion; 
(d) an analysis of the progress made in commercializing mag-
netic fusion technology; and 
(e) suggestions for improvements in the national magnetic 
fusion program, including recommendations for legislation. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 13. (a) There is hereby authorized to be appropriated to the 
Secretary, for the fiscal year ending September 30, 1981, such sums 
as are provided in the annual authorization Act pursuant to section 
660 ofPublic Law 95-91. 
(b) In carrying out the provisions of this Act, the Secretary is 
authorized to enter into contracts only to such extent or in such 
amounts as may be provided in advance in appropriations Acts. 
Approved October 7, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1096 (eomm. on Science and Technology). 
SENATE REPORT No. 96-942 accompanying S. 2926 (Oomm. on Energy and Natural 
R6SOlll*C6S) 
CONGRESSIONAL RECORD.'Vol. 126 (1980): 
Aug. 25, considered and passed House. 
Sept. 23, S. 2926 considered and passed Senate; passage vitiated and H.R. 6308, 
amended, passed in lieu. 
Sept. 24, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 41: 
Oct. 7, Presidential statement.