-CITE-

42 USC CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-MISC1-

Sec.

9301. Congressional findings and declaration of policy.

9302. Definitions.

9303. Program activities.

(a) Development in areas where lack of knowledge

limits magnetic fusion energy systems.

(b) Research programs on plasma confinement,

alternate confinement concepts, advanced

fuels, and properties of materials likely to

be used in construction of fusion engineering

devices.

(c) Fusion engineering device designs.

(d) Operation of demonstration plant at turn of

twenty-first century.

(e) Assessment of factors in determining commercial

introduction of magnetic fusion energy

systems.

9304. Comprehensive program management plan; submittal to

Congressional committees.

9305. Magnetic fusion engineering center.

(a) Development plan.

(b) Factors considered in formulation of

development plan.

(c) Report to Congressional committees.

9306. Repealed.

9307. Program advisory committees.

9308. International cooperation; examination of impact on

national magnetic fusion program; exploration of

prospects for joint funding in construction of fusion

engineering device; report to Congressional

committees on results of examination and exploration.

9309. Technical manpower requirements; report to President

and Congress.

9310. Dissemination of information.

9311. Repealed.

9312. Authorization of appropriations; contract authority.

-End-

-CITE-

42 USC Sec. 9301 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9301. Congressional findings and declaration of policy

-STATUTE-

(a) The Congress hereby finds that -

(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

magnetic 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 chapter 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

chapter that the objectives of such program shall be -

(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

engineering 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.

-SOURCE-

(Pub. L. 96-386, Sec. 2, Oct. 7, 1980, 94 Stat. 1539.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-386 provided: "That this Act [enacting

this chapter] may be cited as the 'Magnetic Fusion Energy

Engineering Act of 1980'."

-End-

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42 USC Sec. 9302 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9302. Definitions

-STATUTE-

For the purposes of this chapter -

(1) "fusion" means a process whereby two light nuclei, such as

deuterium and tritium, collide at high velocity, forming a

compound 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

facility 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.

-SOURCE-

(Pub. L. 96-386, Sec. 3, Oct. 7, 1980, 94 Stat. 1540.)

-End-

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42 USC Sec. 9303 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9303. Program activities

-STATUTE-

(a) Development in areas where lack of knowledge limits magnetic

fusion energy systems

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 achievement

of the purposes of this chapter.

(b) Research programs on plasma confinement, alternate confinement

concepts, advanced fuels, and properties of materials likely to

be used in construction of fusion engineering devices

(1) The Secretary shall maintain an aggressive plasma confinement

research program on the current lead concept to provide a full

measure of support for the design, construction, and operation of

the fusion engineering devices.

(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

successive magnetic fusion facility using the then best available

confinement and fuel concept.

(3) The Secretary shall ensure that research on properties of

materials likely to be required for the construction of fusion

engineering devices is adequate to provide timely information for

the design of such devices.

(c) Fusion engineering device designs

(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

engineering device.

(d) Operation of demonstration plant at turn of twenty-first

century

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) Assessment of factors in determining commercial introduction of

magnetic fusion energy systems

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.

-SOURCE-

(Pub. L. 96-386, Sec. 4, Oct. 7, 1980, 94 Stat. 1540.)

-End-

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42 USC Sec. 9304 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9304. Comprehensive program management plan; submittal to

Congressional committees

-STATUTE-

(a) The Secretary shall prepare a comprehensive program

management plan for the conduct of the research, development, and

demonstration activities under this chapter. Such plan shall

include at a minimum -

(1) a presentation of the program strategy which will be used

to achieve the purposes of this chapter;

(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

management 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.

-SOURCE-

(Pub. L. 96-386, Sec. 5, Oct. 7, 1980, 94 Stat. 1541.)

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. Committee on Science, Space, and Technology of House

of Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

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42 USC Sec. 9305 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9305. Magnetic fusion engineering center

-STATUTE-

(a) Development plan

The Secretary shall develop a plan for the creation of a national

magnetic fusion engineering center for the purpose of accelerating

fusion technology development via the concentration and

coordination of major magnetic fusion engineering devices and

associated activities at such a national center.

(b) Factors considered in formulation of development plan

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 magnetic

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) Report to Congressional committees

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.

-SOURCE-

(Pub. L. 96-386, Sec. 6, Oct. 7, 1980, 94 Stat. 1541.)

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. Committee on Science, Space, and Technology of House

of Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

42 USC Sec. 9306 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9306. Repealed. Pub. L. 104-46, title V, Sec. 509, Nov. 13,

1995, 109 Stat. 421

-MISC1-

Section, Pub. L. 96-386, Sec. 7, Oct. 7, 1980, 94 Stat. 1542,

related to establishment, membership, duties, etc., of technical

panel on magnetic fusion and required panel to submit to Energy

Research Advisory Board on at least a triennial basis a written

report of its findings and recommendations with regard to magnetic

fusion program.

-End-

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42 USC Sec. 9307 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9307. Program advisory committees

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-386, Sec. 8, Oct. 7, 1980, 94 Stat. 1543.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

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42 USC Sec. 9308 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9308. International cooperation; examination of impact on

national magnetic fusion program; exploration of prospects for

joint funding in construction of fusion engineering device;

report to Congressional committees on results of examination and

exploration

-STATUTE-

(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 October 7, 1980, 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 recommendations for

construction of a national or international fusion engineering

device: Provided, however, That such examinations and explorations

shall not have the effect of delaying design activities related to

a national fusion engineering device.

-SOURCE-

(Pub. L. 96-386, Sec. 9, Oct. 7, 1980, 94 Stat. 1543.)

-CHANGE-

CHANGE OF NAME

Committee on Science and Technology of House of Representatives

changed to Committee on Science, Space, and Technology of House of

Representatives by House Resolution No. 5, One Hundredth Congress,

Jan. 6, 1987. Committee on Science, Space, and Technology of House

of Representatives treated as referring to Committee on Science of

House of Representatives by section 1(a) of Pub. L. 104-14, set out

as a note preceding section 21 of Title 2, The Congress.

-End-

-CITE-

42 USC Sec. 9309 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9309. Technical manpower requirements; report to President and

Congress

-STATUTE-

(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 chapter taking

cognizance of the other demands likely to be placed on such

manpower supply.

(b) The Secretary shall within one year of October 7, 1980,

submit a report to the President and to the Congress setting forth

his assessment along with his recommendations regarding the need

for increased support for education in such engineering and

scientific disciplines.

-SOURCE-

(Pub. L. 96-386, Sec. 10, Oct. 7, 1980, 94 Stat. 1543.)

-End-

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42 USC Sec. 9310 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9310. Dissemination of information

-STATUTE-

(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.

(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.

-SOURCE-

(Pub. L. 96-386, Sec. 11, Oct. 7, 1980, 94 Stat. 1544.)

-End-

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42 USC Sec. 9311 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9311. Repealed. Pub. L. 104-66, title I, Sec. 1051(n), Dec.

21, 1995, 109 Stat. 717

-MISC1-

Section, Pub. L. 96-386, Sec. 12, Oct. 7, 1980, 94 Stat. 1544,

directed Secretary of Energy to submit annual report of activities

pursuant to this chapter as a separate part of the annual report

submitted pursuant to section 7321 of this title.

-End-

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42 USC Sec. 9312 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 101 - MAGNETIC FUSION ENERGY ENGINEERING

-HEAD-

Sec. 9312. Authorization of appropriations; contract authority

-STATUTE-

(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

7270 of this title.

(b) In carrying out the provisions of this chapter, 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.

-SOURCE-

(Pub. L. 96-386, Sec. 13, Oct. 7, 1980, 94 Stat. 1544.)

-End-