President George Bush today signed H.R. 6, The Energy Policy Act of
2005. Among the provisions of this 1,725 page bill are provisions providing
spending caps for the Department of Energy's Office of Science for Fiscal
Years 2007, 2008 and 2009. The conference report, 109-190, elevates
the position of the director of the Office of Science, and contains
language regarding several physics programs (fusion, Spallation Neutron
Source, and Rare Isotope Accelerator) within the Office of Science.
House Report 109-190, the conference report for the Energy Policy Act,
may be viewed at http://thomas.loc.gov/.
Other Research and Development programs can be found in Title IX. Note
that Subtitle G pertains to Science.
AUTHORIZATION LEVELS, OFFICE OF SCIENCE:
Passage by the House and Senate and President Bush's signature on this
Act puts two branches of the federal government on record in support
of dramatically higher funding for the Office of Science. Whether these
authorization level are reflected in future appropriations bills is
yet to be seen. It will be difficult in the current fiscal environment
to provide this funding for the Office of Science, as evidenced by the
significant differences in the budget for the National Science Foundation
and the levels authorized in the National Science Foundation Authorization
Here are the figures relating to the Office of Science:
The current budget is $3.6 billion.
The House and Senate passed versions of the FY 2006 funding bill provide
$3.67 - $3.70 billion.
The Act's FY 2007 authorization is $4.15 billion
The Act's FY 2008 authorization is $4.59 billion.
The Act's FY 2009 authorization is $5.20 billion.
NEW POSITION: UNDER SECRETARY FOR SCIENCE
The Energy Policy Act creates the position of Under Secretary for Science.
Supporters of this change hope this change will give science increased
visibility and stature in the large and complex Department of Energy.
The existing position of the Director of the Office of Science remains.
PHYSICS PROGRAMS WITHIN THE OFFICE OF SCIENCE:
"SEC. 972. FUSION ENERGY SCIENCES PROGRAM. [All language]
"(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.
"(1) IN GENERAL- Not later than 180 days after the date of enactment
of this Act, 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
"(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
"(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) DEFINITIONS- In this subsection:
"(i) IN GENERAL- The term `construction' means--
"(I) the physical construction of the ITER facility; and
"(II) the physical construction, purchase, or manufacture of equipment
or components that are specifically designed for the ITER facility.
"(ii) EXCLUSIONS- The term construction' does not include
the design of the facility, equipment, or components.
"(B) ITER- The term ITER' means the international burning
plasma fusion research project in which the President announced United
States participation on January 30, 2003, or any similar international
"(2) PARTICIPATION- The United States may participate in the ITER
only in accordance with this subsection.
"(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
"(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.
"(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
"(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
"(D) the plan required by paragraph (4) (but not the National
Academy of Sciences review of that plan), and 60 days have elapsed since
"(6) ALTERNATIVE TO ITER-
"(A) IN GENERAL- If at any time during the negotiations on the
ITER, the Secretary determines that construction and operation of the
ITER is unlikely or infeasible, the Secretary shall submit to Congress,
along with the budget request of the President submitted to Congress
for the following fiscal year, a plan for implementing a domestic burning
plasma experiment such as the Fusion Ignition Research Experiment, including
costs and schedules for the plan.
"(B) ADMINISTRATION- The Secretary shall--
"(i) refine the plan in full consultation with the Fusion Energy
Sciences Advisory Committee; and
"(ii) transmit the plan to the National Academy of Sciences for
"SEC. 980. SPALLATION NEUTRON SOURCE. [All language]
"(a) Definitions- In this section:
"(1) SING- The term SING' means the Spallation Neutron Source
Instruments Next Generation major item of equipment.
"(2) SNS POWER UPGRADE- The term SNS power upgrade' means
the Spallation Neutron Source power upgrade described in the 20-year
facilities plan of the Office of Science of the Department.
"(3) SNS SECOND TARGET STATION- The term SNS second target
station' the Spallation Neutron Source second target station described
in the 20-year facilities plan of the Office of Science of the Department.
"(4) SPALLATION NEUTRON SOURCE FACILITY- The terms Spallation
Neutron Source Facility' and Facility' mean the completed Spallation
Neutron Source scientific user facility located at Oak Ridge National
Laboratory, Oak Ridge, Tennessee.
"(5) SPALLATION NEUTRON SOURCE PROJECT- The terms Spallation
Neutron Source Project' and Project' means Department Project
99-E-334, Oak Ridge National Laboratory, Oak Ridge, Tennessee.
"(b) Spallation Neutron Source Project-
"(1) IN GENERAL- The Secretary shall submit to Congress, as part
of the annual budget request of the President submitted to Congress,
a report on progress on the Spallation Neutron Source Project.
"(2) CONTENTS- The report shall include for the Project--
"(A) a description of the achievement of milestones;
"(B) a comparison of actual costs to estimated costs; and
"(C) any changes in estimated Project costs or schedule.
"(c) Spallation Neutron Source Facility Plan-
"(1) IN GENERAL- The Secretary shall develop an operational plan
for the Spallation Neutron Source Facility that ensures that the Facility
is employed to the full capability of the Facility in support of the
study of advanced materials, nanoscience, and other missions of the
Office of Science of the Department.
"(2) PLAN- The operational plan shall--
"(A) include a plan for the operation of an effective scientific
user program that--
"(i) is based on peer review of proposals submitted for use of
"(ii) includes scientific and technical support to ensure that
external users, including researchers based at institutions of higher
education, are able to make full use of a variety of high quality scientific
"(iii) phases in systems upgrades to ensure that the Facility
remains at the forefront of international scientific endeavors in the
field of the Facility throughout the operating life of the Facility;
"(B) include an ongoing program to develop new instruments that
builds on the high performance neutron source and that allows neutron
scattering techniques to be applied to a growing range of scientific
problems and disciplines; and
"(C) address the status of and, to the maximum extent practicable,
costs and schedules for--
"(i) full user mode operations of the Facility;
"(ii) instrumentation built at the Facility during the operating
phase through full use of the experimental hall, including the SING;
"(iii) the SNS power upgrade; and
"(iv) the SNS second target station.
"(d) Authorization of Appropriations-
"(1) SPALLATION NEUTRON SOURCE PROJECT- There is authorized to
be appropriated to carry out the Spallation Neutron Source Project for
the lifetime of the Project $1,411,700,000 for total project costs,
"(A) $1,192,700,000 shall be used for the costs of construction;
"(B) $219,000,000 shall be used for other Project costs.
"(2) SPALLATION NEUTRON SOURCE FACILITY-
"(A) IN GENERAL- Except as provided in subparagraph (B), there
is authorized to be appropriated for the Spallation Neutron Source Facility
"(i) the SING, $75,000,000 for each of fiscal year 2007 through
"(ii) the SNS power upgrade, $160,000,000, to remain available
"(B) INSUFFICIENT STOCKPILES OF HEAVY WATER- If stockpiles of
heavy water of the Department are insufficient to meet the needs of
the Facility, there is authorized to be appropriated for the Facility
$12,000,000 for fiscal year 2007."
"SEC. 981. RARE ISOTOPE ACCELERATOR. [All language]
"(a) Establishment- The Secretary shall construct and operate
a Rare Isotope Accelerator. The Secretary shall commence construction
no later than September 30, 2008.
"(b) Authorization of Appropriations- There are authorized to
be appropriated to the Secretary such sums as may be necessary to carry
out this section. The Secretary shall not spend more than $1,100,000,000
in Federal funds for all activities associated with the Rare Isotope
Accelerator, prior to operation of the Accelerator."