Page:United States Statutes at Large Volume 119.djvu/919

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 901

(2) PARTICIPATION.—The United States may participate in the ITER only in accordance with this subsection. (3) AGREEMENT.— (A) IN GENERAL.—The Secretary may negotiate an agreement for United States participation in the ITER. (B) CONTENTS.—Any agreement for United States participation in the ITER shall, at a minimum— (i) clearly define the United States financial contribution to construction and operating costs, as well as any other costs associated with a project; (ii) ensure that the share of high-technology components of the ITER manufactured in the United States is at least proportionate to the United States financial contribution to the ITER; (iii) ensure that the United States will not be financially responsible for cost overruns in components manufactured in other ITER participating countries; (iv) guarantee the United States full access to all data generated by the ITER; (v) enable United States researchers to propose and carry out an equitable share of the experiments at the ITER; (vi) provide the United States with a role in all collective decisionmaking related to the ITER; and (vii) describe the process for discontinuing or decommissioning the ITER and any United States role in that process. (4) PLAN.— (A) DEVELOPMENT.—The Secretary, in consultation with the Fusion Energy Sciences Advisory Committee, shall develop a plan for the participation of United States scientists in the ITER that shall include— (i) the United States research agenda for the ITER; (ii) methods to evaluate whether the ITER is promoting progress toward making fusion a reliable and affordable source of power; and (iii) a description of how work at the ITER will relate to other elements of the United States fusion program. (B) REVIEW.—The Secretary shall request a review of the plan by the National Academy of Sciences. (5) LIMITATION.—No Federal funds shall be expended for the construction of the ITER until the Secretary has submitted to Congress— (A) the agreement negotiated in accordance with paragraph (3) and 120 days have elapsed since that submission; (B) a report describing the management structure of the ITER and providing a fixed dollar estimate of the cost of United States participation in the construction of the ITER, and 120 days have elapsed since that submission; (C) a report describing how United States participation in the ITER will be funded without reducing funding for other programs in the Office of Science (including other fusion programs), and 60 days have elapsed since that submission; and

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