CHAPTER 161—DEPARTMENT OF ENERGY RESEARCH AND INNOVATION

        

SUBCHAPTER I—LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER

        

SUBCHAPTER II—DEPARTMENT OF ENERGY RESEARCH COORDINATION

        

SUBCHAPTER III—DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY

        

§18601. Definitions

In this chapter:

(1) Department

The term "Department" means the Department of Energy.

(2) Director

The term "Director" means the Director of the Office of Science of the Department, except as otherwise indicated.

(3) National Laboratory

The term "National Laboratory" has the meaning given that term in section 15801 of this title.

(4) Secretary

The term "Secretary" means the Secretary of Energy.

(Pub. L. 115–246, §2, Sept. 28, 2018, 132 Stat. 3130.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 115–246, Sept. 28, 2018, 132 Stat. 3130, known as the Department of Energy Research and Innovation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 115–246, §1(a), Sept. 28, 2018, 132 Stat. 3130, provided that: "This Act [see Short Title notes below and Tables for classification] may be cited as the 'Department of Energy Research and Innovation Act'."

Pub. L. 115–246, title I, §101, Sept. 28, 2018, 132 Stat. 3131, provided that: "This title [enacting subchapter I of this chapter and amending sections 16352 and 16391 of this title] may be cited as the 'Laboratory Modernization and Technology Transfer Act'."

Pub. L. 115–246, title II, §201, Sept. 28, 2018, 132 Stat. 3134, provided that: "This title [enacting subchapter II of this chapter and section 16358 of this title, amending sections 16357 and 16538 of this title, and repealing section 16358 of this title] may be cited as the 'Department of Energy Research Coordination Act'."

Pub. L. 115–246, title III, §301, Sept. 28, 2018, 132 Stat. 3140, provided that: "This title [enacting subchapter III of this chapter and amending sections 2053, 7139, 16313, 16315, 16316, and 16321 of this title, sections 5541 and 5542 of Title 15, Commerce and Trade, and provisions set out as a note under section 5501 of Title 15] may be cited as the 'Department of Energy Office of Science Policy Act'."

SUBCHAPTER I—LABORATORY MODERNIZATION AND TECHNOLOGY TRANSFER

§18611. Sense of Congress on accelerating energy innovation

It is the sense of Congress that—

(1) although important progress has been made in cost reduction and deployment of clean energy technologies, accelerating clean energy innovation will help meet critical competitiveness, energy security, and environmental goals;

(2) accelerating the pace of clean energy innovation in the United States calls for—

(A) supporting existing research and development programs at the Department and the world-class National Laboratories;

(B) exploring and developing new pathways for innovators, investors, and decision-makers to leverage the resources of the Department for addressing the challenges and comparative strengths of geographic regions; and

(C) recognizing the financial constraints of the Department, regularly reviewing clean energy programs to ensure that taxpayer investments are maximized;

(3) the energy supply, demand, policies, markets, and resource options of the United States vary by geographic region;

(4) a regional approach to innovation can bridge the gaps between local talent, institutions, and industries to identify opportunities and convert United States investment into domestic companies; and

(5) Congress, the Secretary, and energy industry participants should advance efforts that promote international, domestic, and regional cooperation on the research and development of energy innovations that—

(A) provide clean, affordable, and reliable energy for everyone;

(B) promote economic growth;

(C) are critical for energy security; and

(D) are sustainable without government support.

(Pub. L. 115–246, title I, §103, Sept. 28, 2018, 132 Stat. 3131.)

§18612. Restoration of laboratory directed research and development program

(a) In general

Except as provided in subsection (b), the Secretary shall ensure that laboratory operating contractors do not allocate costs of general and administrative overhead to laboratory directed research and development.

(b) Exception for national security laboratories

This section shall not apply to the national security laboratories with respect to which section 3119 ¹ of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) applies.

(Pub. L. 115–246, title I, §104, Sept. 28, 2018, 132 Stat. 3132.)

Editorial Notes

References in Text

Section 3119 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (b), is section 3119 of Pub. L. 114–328, which was set out as a note under section 2791 of Title 50, War and National Defense, prior to repeal by Pub. L. 117–263, div. C, title XXXI, §3116(b), Dec. 23, 2022, 136 Stat. 3054.

¹ See References in Text note below.

§18613. Research grants database

(a) In general

The Secretary shall establish and maintain a public database, accessible on the website of the Department, that contains a searchable listing of each unclassified research and development project contract, grant, cooperative agreement, task order for a federally funded research and development center, or other transaction administered by the Department.

(b) Requirements

Each listing described in subsection (a) shall include, at a minimum, for each listed project, the Department office carrying out the project, the project name, an abstract or summary of the project, funding levels, project duration, contractor or grantee name (including the names of any subcontractors), and expected objectives and milestones.

(c) Relevant literature and patents

The Secretary shall provide information through the public database established under subsection (a) on relevant literature and patents that are associated with each research and development project contract, grant, or cooperative agreement, or other transaction, of the Department.

(Pub. L. 115–246, title I, §105, Sept. 28, 2018, 132 Stat. 3132.)

§18614. Technology transfer and transitions assessment

Not later than 1 year after September 28, 2018, and as often as the Secretary determines to be necessary thereafter, the Secretary shall transmit to the appropriate committees of Congress a report that includes recommended changes to the policy of the Department and legislative changes to section 16391 of this title to improve the ability of the Department to successfully transfer new energy technologies to the private sector.

(Pub. L. 115–246, title I, §106, Sept. 28, 2018, 132 Stat. 3132.)

§18615. Agreements for commercializing technology pilot program

(a) In general

The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section.

(b) Terms

Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations.

(c) Eligibility

(1) In general

Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a).

(2) Agreements with non-Federal entities

To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award.

(3) Restriction

The requirements of chapter 18 of title 35 (commonly known as the "Bayh-Dole Act") shall apply if—

(A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and

(B) at least one of the parties to the funding agreement is eligible to receive rights under that chapter.

(d) Submission to Secretary

Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section—

(1) a summary of information relating to the relevant project;

(2) the total estimated costs of the project;

(3) estimated commencement and completion dates of the project; and

(4) other documentation determined to be appropriate by the Secretary.

(e) Certification

The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section—

(1) is not in direct competition with the private sector; and

(2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section.

(f) Extension

The pilot program referred to in subsection (a) shall be extended until September 30, 2019.

(g) Reports

(1) Overall assessment

Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the appropriate committees of Congress a report that—

(A) assesses the overall effectiveness of the pilot program referred to in subsection (a);

(B) identifies opportunities to improve the effectiveness of the pilot program;

(C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and

(D) provides a recommendation regarding the future of the pilot program.

(2) Transparency

The Secretary, in coordination with directors of the National Laboratories, shall submit to the appropriate committees of Congress an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section.

(Pub. L. 115–246, title I, §107, Sept. 28, 2018, 132 Stat. 3132.)

SUBCHAPTER II—DEPARTMENT OF ENERGY RESEARCH COORDINATION

§18631. Crosscutting research and development

(a) In general

The Secretary shall use the capabilities of the Department to identify strategic opportunities for collaborative research, development, demonstration, and commercial application of innovative science and technologies.

(b) Existing programs; coordination of activities

To the maximum extent practicable, the Secretary shall seek—

(1) to leverage existing programs of the Department; and

(2) to consolidate and coordinate activities throughout the Department to promote collaboration and crosscutting approaches within programs of the Department.

(c) Additional actions

The Secretary shall—

(1) prioritize activities that use all affordable domestic resources;

(2) develop a planning, evaluation, and technical assessment framework for setting objective long-term strategic goals and evaluating progress that—

(A) ensures integrity and independence; and

(B) provides the flexibility to adapt to market dynamics;

(3) ensure that activities shall be undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and

(4) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders.

(Pub. L. 115–246, title II, §203, Sept. 28, 2018, 132 Stat. 3135.)

§18632. Energy Innovation Hubs

(a) Definitions

In this section:

(1) Advanced energy technology

The term "advanced energy technology" means—

(A) an innovative technology—

(i) that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources;

(ii) that produces nuclear energy;

(iii) for carbon capture and sequestration;

(iv) that enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings;

(v) that generates, transmits, distributes, uses, or stores energy more efficiently than conventional technologies, including through Smart Grid technologies; or

(vi) that enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources, including coal, oil, and natural gas;

(B) a research, development, demonstration, or commercial application activity necessary to ensure the long-term, secure, and sustainable supply of an energy-critical element; or

(C) any other innovative energy technology area identified by the Secretary.

(2) Hub

(A) In general

The term "Hub" means an Energy Innovation Hub established under this section.

(B) Inclusion

The term "Hub" includes any Energy Innovation Hub in existence on September 28, 2018.

(3) Qualifying entity

The term "qualifying entity" means—

(A) an institution of higher education;

(B) an appropriate State or Federal entity, including a federally funded research and development center of the Department;

(C) a nongovernmental organization with expertise in advanced energy technology research, development, demonstration, or commercial application; or

(D) any other relevant entity the Secretary determines appropriate.

(b) Authorization of program

(1) In general

The Secretary shall carry out a program to enhance the economic, environmental, and energy security of the United States by making awards to consortia for establishing and operating hubs, to be known as "Energy Innovation Hubs", to conduct and support, at, if practicable, one centralized location, multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies.

(2) Technology development focus

The Secretary shall designate for each Hub a unique advanced energy technology or basic research focus.

(3) Coordination

The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of each Hub with the activities of—

(A) other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency—Energy, and Energy Frontier Research Centers; and

(B) industry.

(c) Application process

(1) Eligibility

To be eligible to receive an award for the establishment and operation of a Hub under subsection (b)(1), a consortium shall—

(A) be composed of not fewer than two qualifying entities;

(B) operate subject to a binding agreement, entered into by each member of the consortium, that documents—

(i) the proposed partnership agreement, including the governance and management structure of the Hub;

(ii) measures the consortium will undertake to enable cost-effective implementation of activities under the program described in subsection (b)(1); and

(iii) a proposed budget, including financial contributions from non-Federal sources; and

(C) operate as a nonprofit organization.

(2) Application

(A) In general

A consortium seeking to establish and operate a Hub under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a detailed description of each element of the consortium agreement required under paragraph (1)(B).

(B) Requirement

If the consortium members will not be located at one centralized location, the application under subparagraph (A) shall include a communications plan that ensures close coordination and integration of Hub activities.

(3) Selection

(A) In general

The Secretary shall select consortia for awards for the establishment and operation of Hubs through a competitive selection process.

(B) Considerations

In selecting consortia under subparagraph (A), the Secretary shall consider—

(i) the information disclosed by the consortium under this subsection; and

(ii) any existing facilities a consortium will provide for Hub activities.

(d) Term

(1) In general

An award made to a Hub under this section shall be for a period of not more than 5 years, subject to the availability of appropriations, after which the award may be renewed, subject to a rigorous merit review.

(2) Existing Hubs

A Hub already in existence on, or undergoing a renewal process on, September 28, 2018—

(A) may continue to receive support during the 5-year period beginning on the date of establishment of that Hub; and

(B) shall be eligible for renewal of that support at the end of that 5-year period.

(e) Hub operations

(1) In general

Each Hub shall conduct or provide for multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies within the technology development focus designated under subsection (b)(2).

(2) Activities

Each Hub shall—

(A) encourage collaboration and communication among the member qualifying entities of the consortium and awardees;

(B) develop and publish proposed plans and programs on a publicly accessible website;

(C) submit an annual report to the Department summarizing the activities of the Hub, including—

(i) detailing organizational expenditures; and

(ii) describing each project undertaken by the Hub; and

(D) monitor project implementation and coordination.

(3) Conflicts of interest

Each Hub shall maintain conflict of interest procedures, consistent with the conflict of interest procedures of the Department.

(4) Prohibition on construction

(A) In general

Except as provided in subparagraph (B)—

(i) no funds provided under this section may be used for construction of new buildings or facilities for Hubs; and

(ii) construction of new buildings or facilities shall not be considered as part of the non-Federal share of a Hub cost-sharing agreement.

(B) Test bed and renovation exception

Nothing in this paragraph prohibits the use of funds provided under this section or non-Federal cost share funds for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research if the Secretary determines that the test bed or renovations are limited to a scope and scale necessary for the research to be conducted.

(Pub. L. 115–246, title II, §206, Sept. 28, 2018, 132 Stat. 3137.)

SUBCHAPTER III—DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY

§18641. Basic energy sciences

(a) Program

As part of the activities authorized under section 7139 of this title, the Director shall carry out a research and development program in basic energy sciences, including materials sciences and engineering, chemical sciences, physical biosciences, geosciences, and other disciplines, to understand, model, and control matter and energy at the electronic, atomic, and molecular levels in order to provide the foundations for new energy technologies, address scientific grand challenges, and support the energy, environment, and national security missions of the Department.

(b) Sustainable chemistry

In carrying out chemistry-related research and development activities under this section, the Director shall prioritize research and development of sustainable chemistry to support clean, safe, and economic alternatives and methodologies to traditional chemical products and processes.

(c) Energy Frontier Research Centers

(1) In general

The Director shall carry out a program to provide awards, on a competitive, merit-reviewed basis, to multi-institutional collaborations or other appropriate entities to conduct fundamental and use-inspired energy research to accelerate scientific breakthroughs.

(2) Collaborations

A collaboration receiving an award under this subsection may include multiple types of institutions and private sector entities.

(3) Selection and duration

(A) In general

A collaboration under this subsection shall be selected for a period of 4 years.

(B) Existing centers

An Energy Frontier Research Center in existence and supported by the Director on September 28, 2018, may continue to receive support for a period of 4 years beginning on the date of establishment of that center.

(C) Reapplication

After the end of the period described in subparagraph (A) or (B), as applicable, a recipient of an award may reapply for selection on a competitive, merit-reviewed basis.

(D) Termination

Consistent with the existing authorities of the Department, the Director may terminate an underperforming center for cause during the performance period.

(4) No funding for construction

No funding provided pursuant to this subsection may be used for the construction of new buildings or facilities.

(d) Basic energy sciences user facilities

(1) In general

The Director shall carry out a program for the development, construction, operation, and maintenance of national user facilities.

(2) Requirements

To the maximum extent practicable, the national user facilities developed, constructed, operated, or maintained under paragraph (1) shall serve the needs of the Department, industry, the academic community, and other relevant entities to create and examine materials and chemical processes for the purpose of improving the competitiveness of the United States.

(3) Included facilities

The national user facilities developed, constructed, operated, or maintained under paragraph (1) shall include—

(A) x-ray light sources;

(B) neutron sources;

(C) nanoscale science research centers;

(D) autonomous chemistry and materials synthesis and characterization facilities that leverage advances in artificial intelligence; and

(E) such other facilities as the Director considers appropriate, consistent with section 7139 of this title.

(4) Advanced Photon Source upgrade

(A) Definitions

In this paragraph:

(i) Flux

The term "flux" means the rate of flow of photons.

(ii) Hard x-ray

The term "hard x-ray" means a photon with energy greater than 20 kiloelectron volts.

(B) Upgrade

The Secretary shall provide for the upgrade to the Advanced Photon Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled "Report on Facility Upgrades", including the development of a multibend achromat lattice to produce a high flux of coherent x-rays within the hard x-ray energy region and a suite of beamlines optimized for this source.

(C) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before March 31, 2026.

(D) Funding

Out of funds authorized to be appropriated under subsection (j), there is authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph $14,200,000 for fiscal year 2023.

(5) Spallation Neutron Source proton power upgrade

(A) In general

The Secretary shall provide for the proton power upgrade to the Spallation Neutron Source.

(B) Proton power upgrade defined

In this paragraph, the term "proton power upgrade" means the Spallation Neutron Source power upgrade described in—

(i) the publication entitled "Facilities for the Future of Science: A Twenty-Year Outlook", published by the Office of Science of the Department in December, 2003;

(ii) the publication entitled "Four Years Later: An Interim Report on Facilities for the Future of Science: A Twenty-Year Outlook", published by the Office of Science of the Department in August, 2007; and

(iii) the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled "Report on Facility Upgrades".

(C) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before July 30, 2028, with the option for early operation in 2025.

(D) Funding

Out of funds authorized to be appropriated under subsection (j), there is authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph—

(i) $17,000,000 for fiscal year 2023;

(ii) $14,202,000 for fiscal year 2024; and

(iii) $1,567,000 for fiscal year 2025.

(6) Spallation Neutron Source second target station

(A) In general

The Secretary shall provide for a second target station for the Spallation Neutron Source.

(B) Second target station defined

In this paragraph, the term "second target station" means the Spallation Neutron Source second target station described in—

(i) the publication entitled, "Facilities for the Future of Science: A Twenty-Year Outlook", published by the Office of Science of the Department in December, 2003;

(ii) the publication entitled, "Four Years Later: An Interim Report on Facilities for the Future of Science: A Twenty-Year Outlook", published by the Office of Science of the Department in August, 2007; and

(iii) the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled "Report on Facility Upgrades".

(C) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the second target station under this paragraph occurs before December 31, 2033, with the option for early operation in 2029.

(D) Funding

Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the activities under this paragraph, including construction—

(i) $127,000,000 for fiscal year 2023;

(ii) $205,000,000 for fiscal year 2024;

(iii) $279,000,000 for fiscal year 2025;

(iv) $300,000,000 for fiscal year 2026; and

(v) $281,000,000 for fiscal year 2027.

(7) Advanced Light Source upgrade

(A) Definitions

In this paragraph:

(i) Flux

The term "flux" means the rate of flow of photons.

(ii) Soft x-ray

The term "soft x-ray" means a photon with energy in the range from 50 to 2,000 electron volts.

(B) Upgrade

The Secretary shall provide for the upgrade to the Advanced Light Source described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled "Report on Facility Upgrades", including the development of a multibend achromat lattice to produce a high flux of coherent x-rays within the soft x-ray energy region.

(C) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before September 30, 2029.

(D) Funding

Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph—

(i) $135,000,000 for fiscal year 2023;

(ii) $102,500,000 for fiscal year 2024;

(iii) $50,000,000 for fiscal year 2025; and

(iv) $1,400,000 for fiscal year 2026.

(8) Linac Coherent Light Source II high energy upgrade

(A) Definitions

In this paragraph:

(i) High energy

The term "high energy", with respect to an x-ray, means a photon with an energy in the 5 to 13 kiloelectron volt range.

(ii) High repetition rate

The term "high repetition rate" means the delivery of x-ray pulses up to 1,000,000 pulses per second.

(iii) Ultra-short pulse

The term "ultra-short pulse", with respect to an x-ray, means that the x-ray has bursts capable of durations of less than 100 femtoseconds.

(B) Upgrade

The Secretary shall—

(i) provide for the upgrade to the Linac Coherent Light Source II facility described in the publication approved by the Basic Energy Sciences Advisory Committee on June 9, 2016, entitled "Report on Facility Upgrades", including the development of experimental capabilities for high energy x-rays to reveal fundamental scientific discoveries; and

(ii) ensure such upgrade enables the production and use of high energy, ultra-short pulse x-rays delivered at a high repetition rate.

(C) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the upgrade under this paragraph occurs before December 31, 2026.

(D) Funding

Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the upgrade under this paragraph—

(i) $100,000,000 for fiscal year 2023;

(ii) $130,000,000 for fiscal year 2024;

(iii) $135,000,000 for fiscal year 2025; and

(iv) $99,343,000 for fiscal year 2026.

(9) Cryomodule repair and maintenance facility

(A) In general

The Secretary shall provide for the construction of a cryomodule repair and maintenance facility to service the Linac Coherent Light Source II and subsequent upgrades.

(B) Consultation required

The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that the facility described in subparagraph (A) has the capability to maintain, repair, and test superconducting radio frequency accelerator components.

(C) Funding

Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the activities under this paragraph—

(i) $29,300,000 for fiscal year 2023;

(ii) $24,000,000 for fiscal year 2024;

(iii) $20,000,000 for fiscal year 2025; and

(iv) $15,700,000 for fiscal year 2026.

(10) Nanoscale Science Research Center recapitalization project

(A) In general

The Secretary shall provide for the recapitalization of the Nanoscale Science Research Centers, to include the upgrade of equipment at each Center supported by the Office of Science on August 9, 2022, to accelerate advances in the various fields of science including nanoscience, materials, chemistry, biology, and quantum information science.

(B) Funding

Out of funds authorized to be appropriated under subsection (j), there are authorized to be appropriated to the Secretary to carry out the recapitalization under this paragraph—

(i) $25,000,000 for fiscal year 2023; and

(ii) $25,000,000 for fiscal year 2024.

(11) National Synchrotron Light Source II beamline buildout

(A) In general

The Secretary shall provide for the development and construction of experimental stations to provide significant additional beamline and instrument capacity, complement the existing portfolio of beamlines, and complete the buildout of the National Synchrotron Light Source II.

(B) Start of operations

Subject to the availability of appropriations, the Secretary—

(i) shall begin carrying out subparagraph (A) not later than September 30, 2036; and

(ii) may begin carrying out subparagraph (A)—

(I) in calendar year 2033; or

(II) after the construction of individual beamlines is complete.

(e) Accelerator research and development

The Director shall carry out research and development on advanced accelerator and storage ring technologies relevant to the development of basic energy sciences user facilities, in consultation with the High Energy Physics and Nuclear Physics programs of the Office of Science.

(f) Omitted

(g) Omitted

(h) Computational materials and chemical sciences

(1) In general

The Director shall support a program of research and development for the application of advanced computing practices to foundational and emerging research problems in chemistry and materials science. Research activities shall include—

(A) chemical catalysis research and development;

(B) the use of large data sets to model materials phenomena, including through advanced characterization of materials, materials synthesis, processing, and innovative use of experimental and theoretical data;

(C) codesign of chemical system and chemistry modeling software with advanced computing systems and hardware technologies; and

(D) modeling of chemical processes, assemblies, and reactions such as molecular dynamics and quantum chemistry, including through novel computing methods.

(2) Computational materials and chemical sciences centers

(A) In general

In carrying out the activities authorized under paragraph (1), the Director shall select and establish up to 6 computational materials and chemical sciences centers to—

(i) develop open-source, robust, and validated computational codes and user-friendly software, coupled with innovative use of experimental and theoretical data, to enable the design, discovery, and development of new materials and chemical systems; and

(ii) focus on overcoming challenges and maximizing the benefits of exascale and other high performance computing underpinned by accelerated node technologies.

(B) Selection

The Director shall select centers under subparagraph (A) on a competitive, merit-reviewed basis. The Director shall consider applications from the National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.

(C) Duration

(i) New centers

A center selected under subparagraph (A) shall receive support for a period of not more than 5 years beginning on the date of establishment of that center, subject to the availability of appropriations.

(ii) Existing centers

A center already in existence on August 9, 2022, may continue to receive support for a period of not more than 5 years beginning on the date of establishment of that center.

(D) Renewal

Upon the expiration of any period of support of a center under this subsection, the Director may renew support for the center, on a merit-reviewed basis, for a period of not more than 5 years.

(i) Materials research database

(1) In general

The Director shall support the development of a web-based platform to develop and provide access to a database of computed information on known and predicted materials properties and computational tools to accelerate breakthroughs in materials discovery and design.

(2) Program

In carrying out this subsection, the Director shall—

(A) conduct cooperative research among National Laboratories, industry, academia, and other research institutions to advance understanding, prediction, and manipulation of materials and facilitate the design of novel materials;

(B) develop and maintain data infrastructure at user facilities that generate data to collect, analyze, label, and otherwise prepare the data for inclusion in the database;

(C) leverage existing high performance computing systems to conduct high throughput calculations, and develop computational and data mining algorithms for the prediction of material properties;

(D) strengthen the foundation for new technologies and advanced manufacturing; and

(E) drive the development of advanced materials for applications that span the Department's missions in energy, environment, and national security.

(3) Coordination

In carrying out this subsection, the Director shall leverage programs and activities across the Department, including computational materials and chemical sciences centers established under subsection (h).

(4) Funding

Out of funds authorized to be appropriated under subsection (j), there is authorized to be appropriated to the Secretary to carry out activities under this subsection $10,000,000 for each of fiscal years 2023 through 2027.

(j) Authorization of appropriations

Out of funds authorized to be appropriated to the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1) $2,685,414,000 for fiscal year 2023;

(2) $2,866,890,840 for fiscal year 2024;

(3) $2,987,727,170 for fiscal year 2025;

(4) $3,062,732,781 for fiscal year 2026; and

(5) $3,080,067,167 for fiscal year 2027.

(Pub. L. 115–246, title III, §303, Sept. 28, 2018, 132 Stat. 3140; Pub. L. 117–167, div. B, title I, §10102(a), Aug. 9, 2022, 136 Stat. 1409.)

Editorial Notes

Codification

Section is comprised of section 303 of Pub. L. 115–246. Subsecs. (f) and (g) of section 303 of Pub. L. 115–246 generally amended sections 16313 and 16315 of this title, respectively, and amended the table of contents for the Energy Policy Act of 2005. Originally, only subsecs. (a) to (c) of section 303 of Pub. L. 115–246 were classified to this section, but the amendments made by Pub. L. 117–167 prompted the reclassification of all of section 303 to this section, with the omission of subsecs. (f) and (g). See 2022 Amendment notes below.

Amendments

2022—Subsecs. (a) to (d). Pub. L. 117–167, §10102(a)(1), (2), added subsecs. (a) and (b) and redesignated former subsecs. (a) and (b) as (c) and (d), respectively. Former subsec. (d) redesignated (f).

Subsec. (d)(3)(D), (E). Pub. L. 117–167, §10102(a)(3)(A), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (d)(4) to (11). Pub. L. 117–167, §10102(a)(3)(B), added pars. (4) to (11).

Subsecs. (e) to (g). Pub. L. 117–167, §10102(a)(1), redesignated subsec. (c) and omitted subsecs. (d) and (e) as (e) to (g), respectively.

Subsecs. (h) to (j). Pub. L. 117–167, §10102(a)(4), added subsecs. (h) to (j).

§18642. Advanced scientific computing research

(a) In general

As part of the activities authorized under section 7139 of this title, the Director shall carry out, in coordination with academia and relevant public and private sector entities, a research, development, and demonstration program—

(1) to steward applied mathematics, computational science, and computer science research relevant to the missions of the Department and the competitiveness of the United States;

(2) to develop modeling, simulation, and other computational tools relevant to other scientific disciplines and to the development of new energy technologies and other technologies;

(3) to advance computing and networking capabilities for data-driven discovery; and

(4) to develop advanced scientific computing hardware and software tools for science and engineering.

(b) Omitted

(c) High-performance computing and networking research

(1) Director

The Director shall support research in high-performance computing and networking relevant to energy applications, including modeling, simulation, and advanced data analytics for basic and applied energy research programs carried out by the Secretary.

(2) Coordination

The Under Secretary for Science shall ensure the coordination of the activities of the Department, including activities under this section, to determine and meet the computational and networking research and facility needs of the Office of Science and all other relevant energy technology and energy efficiency programs within the Department and with other Federal agencies as appropriate.

(d) Applied mathematics and software development for high-end computing systems and computer sciences research

(1) In general

The Director shall carry out activities to develop, test, and support—

(A) mathematics, statistics, and algorithms for modeling complex systems relevant to the missions of the Department, including on advanced computing architectures; and

(B) tools, languages, programming environments, and operations for high-end computing systems (as defined in section 5541 of title 15).

(2) Portfolio balance

(A) In general

The Director shall maintain a balanced portfolio within the advanced scientific computing research and development program established under section 976 of the Energy Policy Act of 2005 (42 U.S.C. 16316) ¹ that supports robust investment in—

(i) applied mathematical, computational, and computer sciences research needs relevant to the mission of the Department, including foundational areas that are critical to the advancement of energy sciences and technologies and new and emerging computing technologies; and

(ii) associated high-performance computing hardware and facilities.

(B) Exascale ecosystem sustainment

(i) Sense of Congress

It is the sense of Congress that the Exascale Computing Project has successfully created a broad ecosystem that provides shared software packages, novel evaluation systems, and applications relevant to the science and engineering requirements of the Department, and that such products must be maintained and improved in order that the full potential of the deployed systems can be continuously realized.

(ii) Sustainment

The Secretary shall seek to sustain and evolve the ecosystem described in clause (i) to ensure that the exascale software stack and other research software will continue to be maintained, hardened, and otherwise optimized for long-term use on exascale systems and beyond and reliable availability to the user community.

(e) Advanced computing program

(1) In general

The Secretary shall establish a program to develop and implement a strategy for achieving computing systems with capabilities beyond exascale computing systems. In establishing this program, the Secretary shall—

(A) maintain foundational research programs in mathematical, computational, and computer sciences focused on new and emerging computing needs within the mission of the Department, including post-Moore's law computing architectures, novel approaches to modeling and simulation, artificial intelligence and scientific machine learning, quantum computing, edge computing, extreme heterogeneity, including potential quantum accelerators, and distributed high-performance computing;

(B) retain best practices and maintain support for essential hardware, applications, and software elements of the Exascale Computing Program that are necessary for sustaining the vitality of a long-term capable software ecosystem for exascale and beyond; and

(C) develop a Department-wide strategy for balancing on-premises and cloud-based computing and scientific data management.

(2) Report

Not later than 1 year after August 9, 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the development and implementation of the strategy described in paragraph (1).

(f) Guidance on mitigation of bias in high-performance computing capabilities

In leveraging high-performance computing systems for research purposes, including through the use of machine learning algorithms for data analysis and artificial intelligence, the Secretary shall issue, and ensure adherence to, guidance for the Department, the National Laboratories, and users as to how those capabilities should be employed in a manner that mitigates and, to the maximum extent practicable, avoids harmful algorithmic bias.

(g) Architectural research in heterogeneous computing systems

(1) In general

The Secretary shall carry out a program of research and development in heterogeneous and reconfigurable computing systems to expand understanding of the potential for heterogeneous and reconfigurable computing systems to deliver high performance, high efficiency computing for Department mission challenges. The program shall include research and development that explores the convergence of big data analytics, simulations, and artificial intelligence to drive the design of heterogeneous computing system architectures.

(2) Coordination

In carrying out the program described in paragraph (1), the Secretary shall ensure coordination between research activities undertaken by the Advanced Scientific Computing Research program and materials research supported by the Basic Energy Sciences program within the Office of Science.

(h) Energy efficient computing program

(1) In general

The Secretary shall support a program of fundamental research, development, and demonstration of energy efficient computing and data center technologies relevant to advanced computing applications, including high-performance computing, artificial intelligence, and scientific machine learning.

(2) Execution

(A) Program

In carrying out the program under paragraph (1), the Secretary shall—

(i) establish a partnership for National Laboratories, industry partners, and institutions of higher education for codesign of energy efficient hardware, technology, software, and applications across all applicable program offices of the Department, and provide access to energy efficient computing resources to such partners;

(ii) develop hardware and software technologies that decrease the energy needs of advanced computing practices, including through data center codesign;

(iii) consider multiple heterogeneous computing architectures in collaboration with the program established under subsection (g), including neuromorphic computing, persistent computing, and ultrafast networking; and

(iv) provide, as appropriate, on a competitive, merit-reviewed basis, access for researchers from institutions of higher education, National Laboratories, industry, and other Federal agencies to the energy efficient computing technologies developed pursuant to clause (i).

(B) Selection of partners

In selecting participants for the partnership established under subparagraph (A)(i), the Secretary shall select participants through a competitive, merit review process.

(C) Report

Not later than 1 year after August 9, 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on—

(i) the activities conducted under subparagraph (A); and

(ii) the coordination and management of the program under subparagraph (A) to ensure an integrated research program across the Department.

(i) Energy Sciences Network

(1) In general

The Secretary shall provide for upgrades to the Energy Sciences Network user facility in order to meet the research needs of the Department for highly reliable data transport capabilities optimized for the requirements of large-scale science.

(2) Capabilities

In carrying out paragraph (1), the Secretary shall ensure the following capabilities:

(A) To provide high bandwidth scientific networking across the continental United States and the Atlantic Ocean.

(B) To ensure network reliability.

(C) To protect the network infrastructure from cyberattacks.

(D) To manage transport of exponentially increasing levels of data from the Department's National Laboratories and sites, user facilities, experiments, and sensors.

(E) To contribute to the integration of heterogeneous computing frameworks and systems.

(j) Computational Science Graduate Fellowship

(1) In general

The Secretary shall support the Computational Science Graduate Fellowship program in order to facilitate collaboration between graduate students and researchers at the National Laboratories, and contribute to the development of a diverse and inclusive computational workforce to help advance research in all areas of computational science relevant to the mission of the Department, including quantum computing.

(2) Funding

Of the funds authorized to be appropriated for the Advanced Scientific Computing Research Program, there are authorized to be appropriated to the Secretary for carrying out activities under this subsection—

(A) $15,750,000 for fiscal year 2023;

(B) $16,537,500 for fiscal year 2024;

(C) $17,364,375 for fiscal year 2025;

(D) $18,232,594 for fiscal year 2026; and

(E) $19,144,223 for fiscal year 2027.

(k) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1) $1,126,950,000 for fiscal year 2023;

(2) $1,194,109,500 for fiscal year 2024;

(3) $1,265,275,695 for fiscal year 2025;

(4) $1,340,687,843 for fiscal year 2026; and

(5) $1,420,599,500 for fiscal year 2027.

(Pub. L. 115–246, title III, §304, Sept. 28, 2018, 132 Stat. 3145; Pub. L. 117–167, div. B, title I, §10104(a), Aug. 9, 2022, 136 Stat. 1433.)

Editorial Notes

References in Text

Section 976 of the Energy Policy Act of 2005, referred to in subsec. (d)(2)(A), enacted section 16316 of this title and amended section 5523 of Title 15, Commerce and Trade.

Codification

Section is comprised of section 304 of Pub. L. 115–246. Subsec. (b) of section 304 of Pub. L. 115–246 amended sections 16316 of this title, sections 5541 and 5542 of Title 15, Commerce and Trade, and provisions set out as a note under section 5501 of Title 15.

Amendments

2022—Subsecs. (a), (b). Pub. L. 117–167, §10104(a)(1), (2), added subsec. (a) and redesignated former subsec. (a) as (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 117–167, §10104(a)(1), (3), redesignated subsec. (b) as (c), designated existing provisions par. (1) and inserted heading, and added par. (2). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 117–167, §10104(a)(1), (4), redesignated subsec. (c) as (d) and amended it generally. Prior to amendment, text read as follows: "The Director shall carry out activities to develop, test, and support—

"(1) mathematics, models, and algorithms for complex systems and programming environments; and

"(2) tools, languages, and operating systems for high-end computing systems (as defined in section 5541 of title 15)."

Subsecs. (e) to (k). Pub. L. 117–167, §10104(a)(5), added subsecs. (e) to (k).

¹ See References in Text note below.

§18643. High-energy physics

(a) Sense of Congress

It is the sense of Congress that—

(1) the Director should incorporate the findings and recommendations of the report of the Particle Physics Project Prioritization Panel entitled "Building for Discovery: Strategic Plan for U.S. Particle Physics in the Global Context" into the planning process of the Department; and

(2) the nations that lead in particle physics by hosting international teams dedicated to a common scientific goal attract the world's best talent and inspire future generations of physicists and technologists.

(b) Program

As part of the activities authorized under section 7139 of this title, the Director shall carry out a research program in elementary particle physics and advanced technology research and development to improve the understanding of the fundamental properties of the universe, including constituents of matter and energy and the nature of space and time.

(c) High energy frontier research

As part of the program described in subsection (b), the Director shall carry out research using high energy accelerators and advanced detectors, including accelerators and detectors that will function as national user facilities, to create and study interactions of elementary particles and investigate fundamental forces.

(d) International collaboration

The Director shall—

(1) as practicable and in coordination with other appropriate Federal agencies as necessary, ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider;

(2) to the maximum extent practicable, continue to leverage United States participation in the Large Hadron Collider, and prioritize expanding international partnerships and investments in the Long-Baseline Neutrino Facility and Deep Underground Neutrino Experiment; and

(3) to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international facilities that would provide access to the most advanced accelerator facilities in the world to United States researchers.

(e) Neutrino research

The Director shall carry out research activities on rare decay processes and the nature of the neutrino, which may include collaborations with the National Science Foundation or international collaborations.

(f) Cosmic frontier research

The Director shall carry out research activities on the nature of the primary contents of the universe, including the nature of dark energy and dark matter. These activities shall, to the maximum extent practicable, be consistent with the research priorities identified by the High Energy Physics Advisory Panel or the National Academy of Sciences, and may include—

(1) collaborations with the National Aeronautics and Space Administration, the National Science Foundation, or international partners on relevant projects; and

(2) the development of space-based, land-based, water-based, and underground facilities and experiments.

(g) Facility construction and major items of equipment

(1) Projects

Consistent with the Office of Science's project management practices, the Director shall, to the maximum extent practicable, by incorporating the findings and recommendations of the 2014 Particle Physics Project Prioritization Panel (P5) report entitled "Building for Discovery", support construction or fabrication of—

(A) an international Long-Baseline Neutrino Facility based in the United States;

(B) the Proton Improvement Plan II;

(C) Second Generation Dark Matter experiments;

(D) the Legacy Survey of Space and Time camera;

(E) upgrades to detectors and other components of the Large Hadron Collider; and

(F) the Cosmic Microwave Background Stage 4 project; and

(G) other high priority projects recommended in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel.

(2) Long-Baseline Neutrino Facility

(A) In general

The Secretary shall support construction of a Long-Baseline Neutrino Facility to facilitate the international Deep Underground Neutrino Experiment to examine the fundamental properties of neutrinos, explore physics beyond the Standard Model, and better clarify the existence and nature of antimatter.

(B) Facility capabilities

The Secretary shall ensure that the facility described in subparagraph (A) will provide, at a minimum, the following capabilities:

(i) A neutrino beam with wideband capability of 1.2 megawatts of beam power and upgradable to 2.4 megawatts of beam power.

(ii) 3 caverns excavated for a 70 kiloton fiducial detector mass and supporting surface buildings and utilities.

(iii) Cryogenic systems to support neutrino detectors.

(C) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2031.

(D) Funding

Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the project described in subparagraph (A)—

(i) $180,000,000 for fiscal year 2023;

(ii) $255,000,000 for fiscal year 2024;

(iii) $305,000,000 for fiscal year 2025;

(iv) $305,000,000 for fiscal year 2026; and

(v) $305,000,000 for fiscal year 2027.

(3) Proton Improvement Plan–II accelerator upgrade project

(A) In general

The Secretary shall support construction of the Proton Improvement Plan II, an upgrade to the Fermilab accelerator complex identified in the 2014 Particle Physics Project Prioritization Panel (P5) report entitled "Building for Discovery", to provide the world's most intense beam of neutrinos to the international Long Baseline Neutrino Facility and to carry out a broad range of future high energy physics experiments. The Secretary shall work with international partners to enable further significant contributions to the capabilities of that project.

(B) Facility capabilities

The Secretary shall ensure that the facility described in subparagraph (A) will provide, at a minimum, the following capabilities:

(i) A state-of-the-art 800 megaelectron volt superconducting linear accelerator.

(ii) Proton beam power of 1.2 megawatts at the start of LBNF/DUNE, upgradeable to 2.4 megawatts of beam power.

(iii) A flexible design to enable high power beam delivery to multiple users simultaneously and customized beams tailored to specific scientific needs.

(iv) Sustained high reliability operation of the Fermilab accelerator complex.

(C) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2028.

(D) Funding

Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility described in subparagraph (A)—

(i) $130,000,000 for fiscal year 2023;

(ii) $120,000,000 for fiscal year 2024;

(iii) $120,000,000 for fiscal year 2025;

(iv) $115,000,000 for fiscal year 2026; and

(v) $110,000,000 for fiscal year 2027.

(4) Cosmic Microwave Background Stage 4

(A) In general

The Secretary, in partnership with the Director of the National Science Foundation, shall support construction of the Cosmic Microwave Background Stage 4 project to survey the cosmic microwave background to test theories of cosmic inflation as described in the 2014 Particle Physics Prioritization Panel (P5) report entitled "Building for Discovery: Strategic Plan for U.S. Particle Physics in the Global Context.".¹

(B) Consultation

The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that the project described in subparagraph (A) is capable of meeting Federal research needs in accessing the ultra-high energy physics of inflation and important neutrino properties.

(C) Experimental capabilities

The Secretary shall ensure to the maximum extent practicable that the facility described in subparagraph (A) will provide, at a minimum, 500,000 superconducting detectors deployed on an array of millimeter-wave telescopes with the required range in frequency, sensitivity, and survey speed that will provide sufficient capability to enable an order of magnitude advance in observations of the Cosmic Microwave Background, delivering transformative discoveries in fundamental physics, cosmology, and astrophysics.

(D) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2030.

(E) Funding

Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility described in subparagraph (A)—

(i) $10,000,000 for fiscal year 2023;

(ii) $25,000,000 for fiscal year 2024;

(iii) $60,000,000 for fiscal year 2025;

(iv) $80,000,000 for fiscal year 2026; and

(v) $80,000,000 for fiscal year 2027.

(h) Accelerator and detector upgrades

The Director shall upgrade accelerator facilities and detectors, as necessary and appropriate, to increase beam power, sustain high reliability, and improve precision measurement to advance the highest priority particle physics research programs. In carrying out facility upgrades, the Director shall continue to work with international partners, when appropriate and in the United States' interest, to leverage investments and expertise in critical technologies to help build and upgrade accelerator and detector facilities in the United States.

(i) Accelerator and detector research and development

As part of the program described in subsection (b), the Director shall carry out research and development in particle beam physics, accelerator science and technology, and particle and radiation detection with relevance to the specific needs of the High Energy Physics program, in coordination with the Accelerator Research and Development program authorized under section 18648 of this title.

(j) Underground science

The Director shall—

(1) support an underground science program consistent with the missions of the Department and the scientific needs of the High Energy Physics program, including those articulated in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel, that leverages the capabilities of relevant underground science and engineering facilities;

(2) carry out a competitive grant program to award scientists and engineers at institutions of higher education, nonprofit institutions, and National Laboratories to conduct research in underground science and engineering; and

(3) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the inventory of underground mines in the United States that may be suitable for future development of underground science and engineering facilities and any anticipated challenges associated with repurposing, repair, facility siting, or construction.

(k) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1) $1,159,520,000 for fiscal year 2023;

(2) $1,289,891,200 for fiscal year 2024;

(3) $1,428,284,672 for fiscal year 2025;

(4) $1,499,881,752 for fiscal year 2026; and

(5) $1,554,874,657 for fiscal year 2027.

(Pub. L. 115–246, title III, §305, Sept. 28, 2018, 132 Stat. 3147; Pub. L. 117–167, div. B, title I, §10106, Aug. 9, 2022, 136 Stat. 1445.)

Editorial Notes

Amendments

2022—Subsecs. (b), (c). Pub. L. 117–167, §10106(a)(2), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively.

Subsec. (d). Pub. L. 117–167, §10106(a)(1), (b), redesignated subsec. (b) as (d), struck it out, and added a new subsec. (d). Prior to amendment, text read as follows: "The Director, as practicable and in coordination with other appropriate Federal agencies as necessary, shall ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider." Former subsec. (d) redesignated (f).

Subsec. (e). Pub. L. 117–167, §10106(a)(1), redesignated subsec. (c) as (e).

Subsec. (f). Pub. L. 117–167, §10106(a)(1), (c), redesignated subsec. (d) as (f), struck it out, and added a new subsec. (f). Prior to amendment, text read as follows: "The Director shall carry out research activities on the nature of dark energy and dark matter, which may include collaborations with the National Aeronautics and Space Administration or the National Science Foundation; or international collaborations."

Subsecs. (g) to (k). Pub. L. 117–167, §10106(d), added subsecs. (g) to (k).

¹ So in original.

§18644. Biological and environmental research

(a) Program

As part of the duties of the Director authorized under section 7139 of this title, and coordinated with the activities authorized under sections 18641 and 18642 of this title, the Director shall carry out a program of research and development in the areas of biological systems science and climate and environmental science, including subsurface science, relevant to the development of new energy technologies and to support the energy, environmental, and national security missions of the Department.

(b) Biological systems

The Director shall carry out research and development activities in genomic science including fundamental research on plants and microbes to increase systems-level understanding of the complex biological systems, which may include activities—

(1) to provide a fundamental understanding of the biology of plants, fungi, and microbes as a basis for developing innovative processes for bioenergy and bioproducts and accelerate breakthroughs and new knowledge that would enable the cost-effective, sustainable production of—

(A) advanced biofuels;

(B) bioenergy; and

(C) biobased materials;

(2) to conduct foundational functional systems biology research—

(A) to support expanded biosystems design research; and

(B) to understand—

(i) fundamental genome structure; and

(ii) phenomes, including functional genomics of gene products at genome scale;

(3) to develop biosystems designs and synthetic biology approaches for new nonfood plant-derived and microbially derived bioproducts as a basis for new bioeconomy and biotechnology applications in bioproducts production, resource recovery, recycling, and upcycling ventures;

(4) to better understand the behavior of microbiomes in the environment and the interdependencies between plants and microbes in a sustainable ecosystem;

(5) to improve fundamental understanding of plant and microbial processes impacting the global carbon cycle, including processes for removing carbon dioxide from the atmosphere, through photosynthesis and other biological processes, for sequestration, storage, and utilization;

(6) to understand the microbiome mechanisms and microbiota used to transform, immobilize, or remove contaminants from subsurface environments and that affect the cycling and disposition of carbon, nutrients, and contaminants in the environment;

(7) to develop the computational approaches and integrated platforms for open access collaborative science;

(8) to leverage tools and approaches across the Office of Science to expand research to include novel processes, methods, and science to develop bio-based chemicals, polymers, inorganic materials, including research—

(A) to advance fungal, microbial, and plant biosystems design research to advance the understanding of how CRISPR tools and other gene editing tools and technologies work in nature, in the laboratory, and in practice;

(B) to deepen genome-enabled knowledge of the roles of microbes and microbial communities, including fungi, in—

(i) supporting plant and tree growth, productivity, performance, adaptation, and resilience in changing environmental conditions; and

(ii) optimizing end uses of biomass;

(C) to develop biosystems design methods and tools to increase the efficiency of photosynthesis in plants; and

(D) to increase the scale and pace of characterizing the functions and physical characteristics of microbes and microbial communities to improve biosystems design;

(9) to conduct research focused on developing analysis techniques and simulation capabilities, including artificial intelligence and machine learning, on high-performance computing platforms to accelerate collaborative and reproducible systems biology research;

(10) to develop and improve new technologies for bioimaging, measurement, and characterization purposes to understand the structural, spatial, and temporal relationships of metabolic processes governing phenotypic expression in plants and microbes;

(11) to conduct research focused on genotype-to-phenotype translations to develop a predictive understanding of cellular function under a variety of relevant environmental and bioenergy-related conditions;

(12) to conduct metagenomic and metadata assembly research sequencing and analysis; and

(13) to develop other relevant methods and processes as determined by the Director.

(c) Biomolecular characterization and imaging science

The Director shall carry out research and development activities in biomolecular characterization and imaging science, including development of new and integrative imaging and analysis platforms and biosensors to understand the expression, structure, and function of genome information encoded within cells and for real-time measurements in ecosystems and field sites of relevance to the mission of the Department.

(d) Limitation for research funds

The Director shall not approve new climate science-related initiatives without making a determination that such work is well-coordinated with any relevant work carried out by other Federal agencies.

(e) Low-dose radiation research program

(1) In general

The Secretary shall carry out a research program on low-dose and low dose-rate radiation to—

(A) enhance the scientific understanding of, and reduce uncertainties associated with, the effects of exposure to low-dose and low dose-rate radiation; and

(B) inform improved risk-assessment and risk-management methods with respect to such radiation.

(2) Program components

In carrying out the program required under paragraph (1), the Secretary shall—

(A) support and carry out the directives under section 106(b) of the American Innovation and Competitiveness Act (42 U.S.C. 6601 note), except that such section shall be treated for purposes of this subsection as applying to low dose and low-dose rate radiation research, in coordination with the Physical Science Subcommittee of the National Science and Technology Council;

(B) identify and, to the extent possible, quantify, potential monetary and health-related impacts to Federal agencies, the general public, industry, research communities, and other users of information produced by such research program;

(C) leverage the collective body of knowledge from existing low-dose and low dose-rate radiation research;

(D) engage with other Federal agencies, research communities, and potential users of information produced under this section, including institutions performing or utilizing radiation research, medical physics, radiology, health physics, and emergency response measures; and

(E) support education and outreach activities to disseminate information and promote public understanding of low-dose radiation, with a focus on non-emergency situations such as medical physics, space exploration, and naturally occurring radiation.

(3) Research plan

(A) Not later than 90 days after December 27, 2020, the Secretary shall enter into an agreement with the National Academy of Sciences to develop a long-term strategic and prioritized research agenda for the program described in paragraph (2);

(B) Not later than one year after December 27, 2020, the Secretary shall transmit this research plan developed in subparagraph (A) to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(4) GAO study

Not later than 3 years after December 27, 2020, the Comptroller General shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report on:

(A) an evaluation of the program activities carried out under this section;

(B) the effectiveness of the coordination and management of the program; and

(C) the implementation of the research plan outlined in paragraph (3).

(5) Definitions

In this subsection:

(A) Low-dose radiation

The term "low-dose radiation" means a radiation dose of less than 100 millisieverts.

(B) Low dose-rate radiation

The term "low dose-rate radiation" means a radiation dose rate of less than 5 millisieverts per hour.

(6) Rule of construction

Nothing in this subsection shall be construed to subject any research carried out by the Secretary for the program under this subsection to any limitations described in section 16317(e) of this title.

(7) Funding

For purposes of carrying out this subsection, the Secretary is authorized to make available from funds provided to the Biological and Environmental Research Program—

(A) $20,000,000 for fiscal year 2021;

(B) $20,000,000 for fiscal year 2022;

(C) $30,000,000 for fiscal year 2023;

(D) $40,000,000 for fiscal year 2024;

(E) $40,000,000 for fiscal year 2025;

(F) $50,000,000 for fiscal year 2026; and

(G) $50,000,000 for fiscal year 2027.

(f) Low-dose radiation and space radiation research program

(1) In general

The Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, shall carry out a basic research program on the similarities and differences between the effects of exposure to low-dose radiation on Earth, in low Earth orbit, and in the space environment.

(2) Purpose

The purpose of the program described in paragraph (1) is to accelerate breakthroughs in low-dose and low dose-rate radiation research and development as described in subsection (e) and to inform the advancement of new tools, technologies, and advanced materials needed to facilitate long-duration space exploration.

(g) Earth and environmental systems sciences activities

(1) In general

As part of the activities authorized under subsection (a), and in coordination with activities carried out under subsection (b), the Director shall coordinate with the National Oceanic and Atmospheric Administration, the National Science Foundation, the Environmental Protection Agency, the National Aeronautics and Space Administration, the Department of Agriculture, the Department of the Interior, and any other relevant agencies to carry out activities relating to Earth and environmental systems science research, which may include activities—

(A) to understand, observe, measure, and model the response of Earth's atmosphere and biosphere to changing concentrations of greenhouse gas emissions and any associated changes in climate, including frequency and intensity of extreme weather events;

(B) to understand the coupled physical, chemical, and biological processes to transform, immobilize, remove, or move carbon, nitrogen, and other energy production-derived contaminants such as radionuclides and heavy metals, and understand the process of sequestration and transformation of these, carbon dioxide, and other relevant molecules in subsurface environments;

(C) to understand, observe, and model the cycling of water, carbon, and nutrients in terrestrial systems across spatiotemporal scales;

(D) to understand the biological, biogeochemical, and physical processes across the multiple scales that control the flux of environmentally relevant compounds between the terrestrial surface and the atmosphere; and

(E) to understand and predict interactions among natural and human systems to inform potential mitigation and adaptation options for increased concentrations of greenhouse gas emissions and any associated changes in climate.

(2) Prioritization

In carrying out the program authorized under paragraph (1), the Director shall prioritize—

(A) the development of software and algorithms to enable the productive application of environmental systems and extreme weather in climate and Earth system prediction models in high-performance computing systems; and

(B) capabilities that support the Department's mission needs for energy and infrastructure security, resilience, and reliability.

(3) Environmental systems science research

(A) In general

As part of the activities described in paragraph (1), the Director shall carry out research to advance an integrated, robust, and scale-aware predictive understanding of environmental systems, including the role of hydrobiogeochemistry, from the subsurface to the top of the vegetative canopy that considers effects of seasonal to interannual variability and change.

(B) Clean water and watershed research

As part of the activities described in subparagraph (A), the Director shall—

(i) support interdisciplinary research to significantly advance our understanding of water availability, quality, and the impact of human activity and a changing climate on urban and rural watershed systems, including in freshwater environments;

(ii) consult with the Interagency Research, Development, and Demonstration Coordination Committee on the Nexus of Energy and Water for Sustainability established under section 16183 of this title on energy-water nexus research activities;

(iii) engage with representatives of research and academic institutions, nonprofit organizations, State, territorial, local, and Tribal governments, and industry, who have expertise in technologies, technological innovations, or practices relating to the energy-water nexus, as applicable; and

(iv) coordinate with the National Oceanic and Atmospheric Administration, the National Science Foundation, the Environmental Protection Agency, the National Aeronautics and Space Administration, the Department of Agriculture, the Department of the Interior, and any other relevant agency.

(C) Coordination

(i) Director

The Director shall carry out activities under this paragraph in accordance with priorities established by the Secretary to support and accelerate the decontamination of relevant facilities managed by the Department.

(ii) Secretary

The Secretary shall ensure the coordination of activities of the Department, including activities under this paragraph, to support and accelerate the decontamination of relevant facilities managed by the Department.

(4) Climate and Earth modeling

As part of the activities described in paragraph (1), the Director, in collaboration with the Advanced Scientific Computing Research program described in section 18642 of this title and other programs carried out by the Department, as applicable, and in coordination with the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, and other relevant agencies, shall carry out research to develop, evaluate, and use high-resolution regional climate, global climate, Earth system, and other relevant models to inform decisions on reducing greenhouse gas emissions and the resulting impacts of a changing global climate. Such modeling shall include—

(A) integrated capabilities for modeling multisectoral interactions, including the impacts of climate policies on human systems and the interdependencies and risks at the energy-water-land nexus;

(B) greenhouse gas emissions, air quality, energy supply and demand, and other critical elements; and

(C) interaction among human and Earth systems informed by interdisciplinary research, including the economic and social sciences.

(5) Midscale funding mechanism

(A) In general

Any of the activities authorized in this subsection may be carried out, in lieu of individual research grants—

(i) by competitively selected midscale, multi-institutional research centers;

(ii) by large-scale experiments or user facilities; or

(iii) through existing facilities and systems of the Department or the National Oceanic and Atmospheric Administration.

(B) Consideration

The Biological and Environmental Research Advisory Committee shall provide recommendations to the Director on projects most suitable for the research centers described in subparagraph (A).

(6) Atmospheric Systems and Sciences Research Program

(A) In general

As part of the activities carried out under paragraph (1), the Director shall carry out a program, to be known as the "Atmospheric Systems and Sciences Research Program", to use observations to improve understanding of atmospheric processes, under which the Director, in coordination, and as appropriate, collaboration, with the National Oceanic and Atmospheric Administration and other relevant Federal agencies conducting research under the topics described in this subparagraph, shall conduct research relating to—

(i) better understanding the atmosphere and the interaction of the atmosphere with the surface of the Earth;

(ii) understanding sources of uncertainty in Earth system models, including with respect to the interdependence of clouds, atmospheric aerosols, radiation processes, and precipitation;

(iii) understanding the radiative balance and hydrological cycle of Earth;

(iv) demonstrating the improved predictability of regional and global atmospheric models due to improved process-level understanding;

(v) atmospheric regimes with large uncertainties in earth system prediction, aerosol processes, warm boundary-layer processes, convective processes, and high-latitude processes;

(vi) reduced uncertainty and improved simulation capability of earth system models of the atmospheric system in a holistic, comprehensive fashion; and

(vii) understanding and modeling representation of priority research areas, including aerosol, warm boundary layer, convective, and high-latitude processes.

(B) Activities

In carrying out the Atmospheric Systems and Sciences Research Program, the Director shall, in coordination, and as appropriate, in collaboration, with other relevant Federal agencies—

(i) collect data and conduct research to advance atmospheric and Earth system modeling capabilities;

(ii) develop or participate in existing or future integrated, scalable test-beds that—

(I) incorporate process-level understanding of the life cycles of aerosols, clouds, and precipitation; and

(II) can be incorporated into other models;

(iii) improve data, analysis, and prediction systems in marine, littoral, terrestrial, and arctic environments, including those environments sensitive to changes in the climate, relating to the energy and science mission of the Department; and

(iv) support the development of technologies relating to—

(I) more accurate cloud, aerosol, and other atmospheric sensors;

(II) observing sensor networks; and

(III) computational predictive modeling.

(C) Use of Atmospheric Radiation Measurement Program facilities and infrastructure

To support the Atmospheric Systems and Sciences Research Program and, in coordination, and as appropriate, in collaboration, with the National Oceanic and Atmospheric Administration and other relevant Federal agencies, to improve fundamental understanding of the physical and chemical processes that impact the formation, life cycle, and radiative impacts of cloud and aerosol particles, atmospheric processes, and surface or subsurface phenomena, the Director shall use the facilities and infrastructure of the Atmospheric Radiation Measurement User Facility, the Global Monitoring Laboratory of the National Oceanic and Atmospheric Administration, or other Earth and Environmental Systems Sciences User Facilities—

(i) to provide support to environmental scientists by collecting high-quality and well-characterized in-situ, remote-sensing, and aircraft observations of—

(I) the microphysical properties of clouds and atmospheric aerosols;

(II) the coincident and highly detailed dynamical and thermodynamic properties of the atmospheric environment that contains those clouds and aerosols;

(III) the properties of precipitation;

(IV) the properties of radiation and the background environment; and

(V) the properties of surface or subsurface phenomena;

(ii) to carry out laboratory studies and ground-based and airborne field campaigns to target specific atmospheric and surface or subsurface processes relating to the energy and science mission of the Department in different locations and across a range of environments, including by developing technologies to assist in advancing predictive capabilities;

(iii) to build data sets that can be incorporated into atmospheric models; and

(iv) to enhance observations by using modeling and simulations that test the accuracy of climate model parameterizations.

(h) Biological and environmental research user facilities

(1) In general

The Director shall carry out a program for the development, construction, operation, and maintenance of user facilities to enhance the collection and analysis of observational data related to complex biological, climate, and environmental systems.

(2) Selection

(A) In general

The Director shall select user facilities under paragraph (1) on a competitive, merit-reviewed basis.

(B) Applicants

In selecting user facilities under paragraph (1), the Director shall consider applications from the National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.

(3) Facility requirements

To the maximum extent practicable, the user facilities developed, constructed, operated, or maintained under paragraph (1) shall include—

(A) distributed field research and observation platforms for understanding earth system processes;

(B) analytical techniques, instruments, and modeling resources, including high-throughput molecular phenotyping, for understanding and predicting the functional processes of biological and environmental systems;

(C) integrated high-throughput sequencing, advanced bioanalytic techniques, DNA design and synthesis, metabolomics, and computational analysis; and

(D) such other facilities as the Director considers appropriate, consistent with section 7139 of this title.

(4) Existing facilities

In carrying out the program established under paragraph (1), the Director is encouraged to evaluate the capabilities of existing user facilities and, to the maximum extent practicable, invest in modernization of those capabilities to address emerging research priorities.

(5) Earth and environmental systems sciences user facilities

In carrying out the program established under paragraph (1), the Director shall operate at least 1 user facility to advance the collection, validation, and analysis of atmospheric data, including through activities—

(A) to advance knowledge of the Earth and environmental systems and improve model representations; and

(B) to measure the impact of atmospheric gases, aerosols, and clouds on the Earth and environmental systems.

(6) Microbial molecular phenotyping capability project

(A) In general

The Secretary shall provide for the expansion of the Environmental Molecular Sciences Laboratory, or subsequent facility successor, to advance high-throughput microbial plant and molecular phenotyping capability to accelerate discovery of new protein functions and metabolic pathways in microbial systems.

(B) Capabilities

In carrying out subparagraph (A), the Secretary shall ensure the following capabilities:

(i) Coupled high-throughput autonomous experimental and multimodal analytical capabilities.

(ii) Direct integration of automated multiomics analyses, biomolecular and cellular imaging, and functional biological assays with high-throughput microbial culturing and cultivation capabilities at timescales relevant to biological processes under natural and perturbed environmental conditions.

(C) Data coordination

In carrying out subparagraph (A), the Secretary shall ensure integration and coordination with existing data platforms and user facilities of the Department.

(D) Start of operations

Subject to the availability of appropriations, the Secretary shall begin carrying out subparagraph (A) not later than September 29, 2027.

(E) Funding

Of the funds authorized to be appropriated under subsection (k) for a fiscal year, there are authorized to be appropriated to the Secretary to carry out this paragraph—

(i) $550,000 for fiscal year 2023;

(ii) $29,000,000 for fiscal year 2024;

(iii) $32,000,000 for fiscal year 2025;

(iv) $30,500,000 for fiscal year 2026; and

(v) $27,500,000 for fiscal year 2027.

(7) User facilities integration and collaboration program

(A) In general

The Director shall support a program of collaboration between user facilities to encourage and enable researchers to more readily integrate the tools, expertise, resources, and capabilities of multiple Office of Science user facilities (as described in subsection (d) of section 7139 of this title) to further research and advance emerging technologies.

(B) Activities

The program shall advance the integration of automation, robotics, computational biology, bioinformatics, biosensing, cellular platforms and other relevant emerging technologies as determined by the Director to enhance productivity and scientific impact of user facilities.

(8) Coordination

In carrying out the program authorized under paragraph (1), the Director shall ensure that the Office of Science coordinates with—

(A) the National Oceanic Atmospheric Administration, the Environmental Protection Agency, the National Aeronautics and Space Administration, the Department of Agriculture, the Department of the Interior, and any other relevant Federal agency on the collection, validation, and analysis of atmospheric data; and

(B) relevant stakeholders, including institutions of higher education, nonprofit research institutions, industry, State, territorial, local, and Tribal governments, and other appropriate entities to ensure access to the best available relevant atmospheric and historical weather data.

(i) Terrestrial-aquatic interface research initiative

(1) In general

The Director shall carry out a research program to enhance the understanding of terrestrial-aquatic interface. In carrying out the program, the Director shall prioritize efforts to enhance the collection of observational data, and shall develop models to analyze the natural and human processes that interact in littoral zones.

(2) Littoral data collection system

The Director shall establish an integrated system of geographically diverse field research sites in order to improve the scientific understanding and predictability of the major land water interfaces of the United States through improved data quantity and quality, including in—

(A) the Great Lakes region;

(B) the Pacific coast;

(C) the Atlantic coast;

(D) the Arctic;

(E) the Gulf coast; and

(F) the coasts of United States territories and freely associated States.

(3) Existing infrastructure

In carrying out the programs and establishing the field research sites under paragraphs (1) and (2), the Secretary shall leverage existing research and development infrastructure supported by the Department, including the Department's existing marine and coastal research lab.

(4) Coordination

For the purposes of carrying out the programs and establishing the field research sites under paragraphs (1) and (2), the Secretary may enter into agreements with Federal departments and agencies with complementary capabilities, including the National Oceanic and Atmospheric Administration and any other relevant Federal agency as appropriate.

(5) Report

Not earlier than 2 years after August 9, 2022, the Director shall provide to the Committee on Science, Space, and Technology, the Committee on Natural Resources, and the Committee on Appropriations of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, a report examining whether the system described in paragraph (2) should be established as a National User Facility within the Department or as a research facility within another Federal agency.

(6) Interoperability

(A) In general

The Director shall ensure that activities carried out under paragraphs (1) and (2), including observation, data collection, monitoring, and model development and enhancements, are interoperable and may be integrated with existing related systems at the National Oceanic and Atmospheric Administration and other relevant Federal agencies, as practicable.

(B) Resources

In carrying out subparagraph (A), in support of interoperability, as practicable, the Director may make available to other Federal agencies high performance computing resources.

(C) NOAA

The National Oceanic and Atmospheric Administration shall integrate the data collected under the programs carried out under paragraphs (1) and (2) into relevant data systems and models, as practicable.

(j) Engineered ecosystems initiative

(1) In general

The Secretary shall establish within the Biological and Environmental Research program an initiative focused on the development of engineered ecosystems through the application of artificial intelligence, novel sensing capabilities, and other emerging technologies.

(2) Interagency coordination

The Secretary shall coordinate with the Director of the National Science Foundation, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the U.S. Geological Survey, the Secretary of Agriculture, and other relevant officials to avoid duplication of research and observational activities and to ensure that activities carried out under the initiative established under paragraph (1) are complimentary to activities being undertaken by other agencies.

(3) Report

Not later than 180 days after August 9, 2022, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the activity authorized under this subsection.

(k) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1) $885,420,000 for fiscal year 2023;

(2) $946,745,200 for fiscal year 2024;

(3) $1,001,149,912 for fiscal year 2025;

(4) $1,068,818,907 for fiscal year 2026; and

(5) $1,129,948,041 for fiscal year 2027.

(l) Definitions

In this section:

(1) Advanced biofuel

The term "advanced biofuel" has the meaning given the term in section 8101 of title 7.

(2) Bioenergy

The term "bioenergy" means energy derived from biofuels.

(3) Biomass

The term "biomass" has the meaning given the term in section 15852(b) of this title.

(4) Bioproduct

The term "bioproduct" has the meaning given the term "biobased product" in section 8101 of title 7.

(Pub. L. 115–246, title III, §306, Sept. 28, 2018, 132 Stat. 3148; Pub. L. 116–260, div. Z, title XI, §11001, Dec. 27, 2020, 134 Stat. 2610; Pub. L. 117–167, div. B, title I, §10103(a)–(d), Aug. 9, 2022, 136 Stat. 1420–1423.)

Editorial Notes

References in Text

Section 106(b) of the American Innovation and Competitiveness Act (42 U.S.C. 6601 note), referred to in subsec. (e)(2)(A), is section 106(b) of Pub. L. 114–329, title I, Jan. 6, 2017, 130 Stat. 2986, which is set out in a note under section 6601 of this title.

Amendments

2022—Subsecs. (a) to (c). Pub. L. 117–167, §10103(a)(3), added subsecs. (a) to (c) and struck out former subsec. (a) which related to research and development activities of complex biological systems. Former subsecs. (b) and (c) redesignated (d) and (e), respectively.

Subsec. (c)(5) to (8). Pub. L. 117–167, §10103(a)(1), prior to redesignation of subsec. (c) as (e), redesignated pars. (6) to (8) as (5) to (7), respectively.

Subsecs. (d), (e). Pub. L. 117–167, §10103(a)(2), redesignated subsecs. (b) and (c) as (d) and (e), respectively. Former subsec. (d) redesignated (f).

Subsec. (e)(7)(E) to (G). Pub. L. 117–167, §10103(b), which directed amendment of subsec. (e)(8) by adding subpars. (E) to (G), was executed by making the addition to subsec. (e)(7) to reflect the probable intent of Congress and the successive redesignations of subsec. (c)(8) as (c)(7) and then (e)(7) by Pub. L. 117–167, §10103(a)(1), (2). See notes above.

Subsec. (f). Pub. L. 117–167, §10103(a)(2), (c), redesignated subsec. (d) as (f) and amended it generally. Prior to amendment, text read as follows: "The Secretary of Energy, shall continue and strengthen collaboration with the Administrator of the National Aeronautics and Space Administration on basic research to understand the effects and risks of human exposure to ionizing radiation in low Earth orbit, and in the space environment."

Subsecs. (g) to (k). Pub. L. 117–167, §10103(d), added subsecs. (g) to (k).

Subsec. (l). Pub. L. 117–167, §10103(a)(4), added subsec. (l).

2020—Subsec. (c). Pub. L. 116–260, §11001(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the establishment and purpose of a low-dose radiation research program.

Subsec. (d). Pub. L. 116–260, §11001(b), added subsec. (d).

§18645. Fusion energy

(a) Program

As part of the activities authorized under section 7139 of this title and section 16312 of this title, the Director shall carry out a fusion energy sciences research and enabling technology development program to effectively address the scientific and engineering challenges to building a cost competitive fusion power plant and to support the development of a competitive fusion power industry in the United States. As part of this program, the Director shall carry out research activities to expand the fundamental understandings of plasma and matter at very high temperatures and densities for fusion applications and for other engineering and plasma science applications.

(b) Fusion materials research and development

(1) In general

As part of the activities authorized in section 16318 of this title—

(A) the Director, in coordination with the Assistant Secretary for Nuclear Energy of the Department, shall carry out research and development activities to identify, characterize, and demonstrate materials that can endure the neutron, plasma, and heat fluxes expected in a fusion power system; and

(B) the Director shall provide an assessment of—

(i) the need for one or more facilities that can examine and test potential fusion and next generation fission materials and other enabling technologies relevant to the development of fusion power; and

(ii) whether a single new facility that substantially addresses magnetic fusion and next generation fission materials research needs is feasible, in conjunction with the expected capabilities of facilities operational as of September 28, 2018.

(2) Authorization of appropriations

Out of funds authorized to be appropriated under subsection (q),¹ there is authorized to be appropriated to the Secretary to carry out activities described in paragraph (1) $50,000,000 for each of fiscal years 2023 through 2027.

(c) Tokamak research and development

The Director shall support research and development activities and facility operations to optimize the tokamak approach to fusion energy.

(d) Inertial fusion research and development

(1) In general

The Director shall carry out a program of research and technology development in inertial fusion for energy applications, including ion beam, laser, and pulsed power fusion systems.

(2) Activities

As part of the program described in paragraph (1), the Director shall support activities at and partnerships with universities and the National Laboratories to—

(A) develop novel target designs;

(B) support modeling of various inertial fusion energy concepts and systems;

(C) develop diagnostic tools; and

(D) improve inertial fusion energy driver technologies.

(3) Authorization of appropriations

Out of funds authorized to be appropriated under subsection (q),¹ there are authorized to be appropriated to the Secretary to carry out the activities described in this subsection $25,000,000 for each of fiscal years 2021 through 2027.

(e) Alternative and enabling concepts

(1) In general

The Director shall support research and development activities and facility operations at institutions of higher education, National Laboratories, and private facilities in the United States for a portfolio of alternative and enabling fusion energy concepts that may provide solutions to significant challenges to the establishment of a commercial magnetic fusion power plant, prioritized based on the ability of the United States to play a leadership role in the international fusion research community.

(2) Activities

Fusion energy concepts and activities explored under paragraph (1) may include—

(A) alternative fusion energy concepts, including—

(i) advanced stellarator concepts;

(ii) non-tokamak confinement configurations operating at low magnetic fields;

(iii) magnetized target fusion energy concepts; or

(iv) other promising fusion energy concepts identified by the Director;

(B) enabling fusion technology development activities, including—

(i) high magnetic field approaches facilitated by high temperature superconductors;

(ii) liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device; and

(iii) advanced blankets for heat management and fuel breeding; and

(C) advanced scientific computing activities.

(3) Innovation network for fusion energy

(A) In general

The Secretary, acting through the Office of Science, shall support a program to provide fusion energy researchers with access to scientific and technical resources and expertise at facilities supported by the Department, including such facilities at National Laboratories and universities, to advance innovative fusion energy technologies toward commercial application.

(B) Awards

Financial assistance under the program established in subsection (a)—

(i) shall be awarded on a competitive, merit-reviewed basis; and

(ii) may be in the form of grants, vouchers, equipment loans, or contracts to private entities.

(4) Authorization of appropriations

Out of funds authorized to be appropriated under subsection (q),¹ there are authorized to be appropriated to the Secretary to carry out the activities described in this subsection $50,000,000 for each of fiscal years 2021 through 2027.

(f) Coordination with ARPA–E

The Director shall coordinate with the Director of the Advanced Research Projects Agency-Energy (referred to in this subsection as "ARPA–E") to—

(1) assess the potential for any fusion energy project supported by ARPA–E to represent a promising approach to a commercially viable fusion power plant;

(2) determine whether the results of any fusion energy project supported by ARPA–E merit the support of follow-on research activities carried out by the Office of Science; and

(3) avoid the unintentional duplication of activities.

(g) Omitted

(h) Identification of priorities

(1) Report

(A) In general

Not later than 2 years after September 28, 2018, the Secretary shall submit to Congress a report on the fusion energy research and development activities that the Department proposes to carry out over the 10-year period following the date of the report under not fewer than 3 realistic budget scenarios, including a scenario based on 3-percent annual growth in the non-ITER portion of the budget for fusion energy research and development activities.

(B) Inclusions

The report required under subparagraph (A) shall—

(i) identify specific areas of fusion energy research and enabling technology development in which the United States can and should establish or solidify a lead in the global fusion energy development effort;

(ii) identify priorities for initiation of facility construction and facility decommissioning under each of the three budget scenarios described in subparagraph (A); and

(iii) assess the ability of the fusion workforce of the United States to carry out the activities identified under clauses (i) and (ii), including the adequacy of programs at institutions of higher education in the United States to train the leaders and workers of the next generation of fusion energy researchers.

(2) Process

In order to develop the report required under paragraph (1)(A), the Secretary shall leverage best practices and lessons learned from the process used to develop the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel.

(3) Requirement

No member of the Fusion Energy Sciences Advisory Committee shall be excluded from participating in developing or voting on final approval of the report required under paragraph (1)(A).

(i) Milestone-based development program

(1) In general

Using the authority of the Secretary under section 7256(g) of this title, notwithstanding paragraph (10) of such section, the Secretary shall establish, not later than 6 months after the date of enactment of this section, a milestone-based fusion energy development program that requires projects to meet particular technical milestones before a participant is awarded funds by the Department.

(2) Purpose

The purpose of the program established by paragraph (1) shall be to support the development of a U.S.-based fusion power industry through the research and development of technologies that will enable the construction of new full-scale fusion systems capable of demonstrating significant improvements in the performance of such systems, as defined by the Secretary, within 10 years of the enactment of this section.

(3) Eligibility

Any entity is eligible to participate in the program provided that the Secretary has deemed it as having the necessary resources and expertise.

(4) Requirements

In carrying out the milestone-based program under paragraph (1), the Secretary shall, for each relevant project—

(A) request proposals from eligible entities, as determined by the Secretary, that include proposed technical milestones, including estimated project timelines and total costs;

(B) set milestones based on a rigorous technical review process;

(C) award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph (1), or for expenses deemed reimbursable by the Secretary, in accordance with terms negotiated for an individual award; and

(D) communicate regularly with selected eligible entities and, if the Secretary deems appropriate, exercise small amounts of flexibility for technical milestones as projects mature.

(5) Awards

For the program established under paragraph (1)—

(A) an award recipient shall be responsible for all costs until milestones are achieved, or reimbursable expenses are reviewed and verified by the Department;

(B) should an awardee not meet the milestones described in paragraph (4), the Secretary may end the partnership with an award recipient and use the remaining funds in the ended agreement for new or existing projects carried out under this section; and

(C) consistent with the existing authorities of the Department, the Secretary may end the partnership with an award recipient for cause during the performance period.

(6) Applications

Any project proposal submitted to the program under paragraph (1) shall be evaluated based upon its scientific, technical, and business merits through a peer-review process, which shall include reviewers with appropriate expertise from the private sector, the investment community, and experts in the science and engineering of fusion and plasma physics.

(7) Project management

In carrying out projects under this program and assessing the completion of their milestones in accordance with paragraph (4), the Secretary shall consult with experts that represent diverse perspectives and professional experiences, including those from the private sector, to ensure a complete and thorough review.

(8) Programmatic review

Not later than 4 years after the Secretary has established 3 milestones under this program, the Secretary shall enter into a contractual arrangement with the National Academy of Sciences to review and provide a report describing the findings of this review to the House Committee on Science, Space, and Technology and the Senate Committee on Energy and Natural Resources on the program established under this paragraph (1) that assesses—

(A) the benefits and drawbacks of a milestone-based fusion program as compared to traditional program structure funding models at the Department;

(B) lessons-learned from program operations; and

(C) any other matters the Secretary determines regarding the program.

(9) Annual report

As part of the annual budget request submitted for each fiscal year, the Secretary shall provide the House Committee on Science, Space, and Technology and the Senate Committee on Energy and Natural Resources a report describing partnerships supported by the program established under paragraph (1) during the previous fiscal year.

(10) Authorization of appropriations

Out of funds authorized to be appropriated under subsection (q),¹ there are authorized to be appropriated to the Secretary to carry out the activities described in this subsection, to remain available until expended—

(A) $45,000,000 for fiscal year 2021;

(B) $65,000,000 for fiscal year 2022;

(C) $105,000,000 for fiscal year 2023;

(D) $65,000,000 for fiscal year 2024;

(E) $45,000,000 for fiscal year 2025;

(F) $45,000,000 for fiscal year 2026; and

(G) $45,000,000 for fiscal year 2027.

(j) Fusion reactor system design

(1) In general

Not later than 180 days after August 9, 2022, the Director shall establish not less than 2 national teams described in paragraph (2) that shall—

(A) develop conceptual pilot plant designs and technology roadmaps; and

(B) create an engineering design of a pilot plant that will bring fusion to commercial viability.

(2) National teams

A national team referred to in paragraph (1) shall—

(A) be composed of developers, manufacturers, universities, National Laboratories, and representatives of the engineering, procurement, and construction industries; and

(B) include public-private partnerships.

(3) Authorization of appropriations

Of the funds authorized to be appropriated for Fusion Energy Sciences in a fiscal year, there are authorized to be appropriated to the Secretary to carry out this subsection—

(A) $35,000,000 for fiscal year 2023;

(B) $50,000,000 for fiscal year 2024;

(C) $65,000,000 for fiscal year 2025;

(D) $80,000,000 for fiscal year 2026; and

(E) $80,000,000 for fiscal year 2027.

(k) General plasma science and applications

The Director shall support research in general plasma science and high energy density physics that advance the understanding of the scientific community of fundamental properties and complex behavior of matter to control and manipulate plasmas for a broad range of applications, including support for research relevant to advancements in chip manufacturing and microelectronics.

(l) Sense of Congress

It is the sense of Congress that the United States should support a robust, diverse program in addition to providing sufficient support to, at a minimum, meet its commitments to ITER and maintain the schedule of the project as determined by the Secretary in coordination with the ITER Organization at the time of the enactment of this section. It is further the sense of Congress that developing the scientific basis for fusion, providing research results key to the success of ITER, and training the next generation of fusion scientists are of critical importance to the United States and should in no way be diminished by participation of the United States in the ITER project.

(m) International collaboration

The Director shall—

(1) as practicable and in coordination with other appropriate Federal agencies as necessary, ensure the access of United States researchers to the most advanced fusion research facilities and research capabilities in the world, including ITER;

(2) to the maximum extent practicable, continue to leverage United States participation ITER,² and prioritize expanding international partnerships and investments in current and future fusion research facilities within the United States; and

(3) to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international facilities that would provide access to the most advanced fusion research facilities in the world to United States researchers.

(n) Fission and fusion research coordination report

(1) In general

Not later than 6 months after the date of enactment of this section, the Secretary shall transmit to Congress a report addressing opportunities for coordinating fusion energy research and development activities between the Office of Nuclear Energy, the Office of Science, and the Advanced Research Projects Agency—Energy.

(2) Components

The report shall assess opportunities for collaboration on research and development of—

(A) liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device and other components within the reactor;

(B) immersion blankets for heat management and fuel breeding;

(C) technologies and methods for instrumentation and control;

(D) computational methods and codes for system operation and maintenance;

(E) codes and standard development;

(F) radioactive waste handling;

(G) radiological safety;

(H) potential for non-electricity generation applications; and

(I) any other overlapping priority as identified by the Director of the Office of Science or the Assistant Secretary of Energy for Nuclear Energy.

(o) High-performance computation collaborative research program

(1) In general

The Secretary shall carry out a program to conduct and support collaborative research, development, and demonstration of fusion energy technologies, through high-performance computation modeling and simulation techniques, in order—

(A) to support fundamental research in plasmas and matter at very high temperatures and densities;

(B) to inform the development of a broad range of fusion energy systems; and

(C) to facilitate the translation of research results in fusion energy science to industry.

(2) Coordination

In carrying out the program under paragraph (1), the Secretary shall coordinate with relevant Federal agencies, and prioritize the following objectives:

(A) To use expertise from the private sector, institutions of higher education, and the National Laboratories to leverage existing, and develop new, computational software and capabilities that prospective users may use to accelerate research and development of fusion energy systems.

(B) To develop computational tools to simulate and predict fusion energy science phenomena that may be validated through physical experimentation.

(C) To increase the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science.

(D) To leverage experience from existing modeling and simulation entities sponsored by the Department.

(E) To ensure that new experimental and computational tools are accessible to relevant research communities, including private sector entities engaged in fusion energy technology development.

(F) To ensure that newly developed computational tools are compatible with modern virtual engineering and visualization capabilities to accelerate the realization of fusion energy technologies and systems.

(3) Duplication

The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the program under paragraph (1) with the activities of—

(A) other research entities of the Department, including the National Laboratories, the Advanced Research Projects Agency—Energy, and the Advanced Scientific Computing Research program within the Office of Science; and

(B) industry.

(4) High-Performance Computing for Fusion Innovation Center

(A) In general

In carrying out the program under paragraph (1), the Secretary shall, in coordination with the Innovation Network for Fusion Energy, establish and operate a national High-Performance Computing for Fusion Innovation Center (referred to in this paragraph as the "Center"), to support the program under paragraph (1) by providing, to the extent practicable, a centralized entity for multidisciplinary, collaborative, fusion energy research and development through high-performance computing and advanced data analytics technologies and processes.

(B) Eligible entities

An entity eligible to serve as the Center shall be—

(i) a National Laboratory;

(ii) an institution of higher education;

(iii) a multi-institutional collaboration; or

(iv) any other entity that the Secretary determines to be appropriate.

(C) Application; selection

(i) Application

To be eligible to serve as the Center, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(ii) Selection

The Secretary shall select the Center on a competitive, merit-reviewed basis.

(D) Existing activities

The Center may incorporate existing research activities that are consistent with the program under paragraph (1).

(E) Priorities

(i) In general

The Center shall prioritize activities that utilize expertise and infrastructure from a balance among the private sector, institutions of higher education, and the National Laboratories to enhance existing computation tools and develop new computational software and capabilities to accelerate the commercial application of fusion energy systems.

(ii) Maintenance of resource availability

The Secretary may enter into contracts with commercial cloud computing providers to ensure that resource availability within the Department is not reduced or disproportionately distributed as a result of Center activities.

(F) Duration

Subject to subparagraph (G), the Center shall receive support for a period of not more than 5 years, subject to the availability of appropriations.

(G) Renewal

On the expiration of the period of support of the Center under subparagraph (F), the Secretary may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years.

(p) Material Plasma Exposure Experiment

(1) In general

The Secretary shall construct a Material Plasma Exposure Experiment facility as described in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee entitled "Powering the Future: Fusion and Plasmas". The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that the facility is capable of meeting Federal research needs for steady state, high-heat-flux, and plasma-material interaction testing of fusion materials over a range of fusion energy relevant parameters.

(2) Facility capabilities

The Secretary shall ensure that the facility described in paragraph (1) will provide the following capabilities:

(A) A magnetic field at the target of 1 Tesla.

(B) An energy flux at the target of 10 MW/m².

(C) The ability to expose previously irradiated plasma facing material samples to plasma.

(3) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in paragraph (1) occurs before December 31, 2027.

(4) Funding

Of the funds authorized to be appropriated for Fusion Energy Sciences, there are authorized to be appropriated to the Secretary for the Office of Fusion Energy Sciences to complete construction of the facility described in paragraph (1)—

(A) $21,895,000 for fiscal year 2023; and

(B) $3,800,000 for fiscal year 2024.

(q) Matter in Extreme Conditions instrument upgrade

(1) In general

The Secretary shall provide for the upgrade to the Matter in Extreme Conditions endstation at the Linac Coherent Light Source as described in the 2020 publication approved by the Fusion Energy Sciences Advisory Committee entitled "Powering the Future: Fusion and Plasmas". The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that this facility is capable of meeting Federal research needs for understanding physical and chemical changes to plasmas at fundamental timescales, and explore new regimes of dense material physics, astrophysics, planetary physics, and short-pulse laser-plasma interactions.

(2) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in paragraph (1) occurs before December 31, 2028.

(r) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1) $996,000,000 for fiscal year 2021;

(2) $921,000,000 for fiscal year 2022;

(3) $1,025,500,400 for fiscal year 2023;

(4) $1,043,489,724 for fiscal year 2024;

(5) $1,053,266,107 for fiscal year 2025;

(6) $1,047,962,074 for fiscal year 2026; and

(7) $1,114,187,798 for fiscal year 2027.

(Pub. L. 115–246, title III, §307, Sept. 28, 2018, 132 Stat. 3148; Pub. L. 116–260, div. Z, title II, §2008(a), Dec. 27, 2020, 134 Stat. 2474; Pub. L. 117–167, div. B, title I, §10105(a), Aug. 9, 2022, 136 Stat. 1441.)

Editorial Notes

References in Text

Subsection (q), referred to in subsecs. (b)(2), (d)(3), (e)(4), and (i)(10), probably should be a reference to subsec. (r). Prior to amendment by Pub. L. 117–167, those references were to subsec. (o) of this section, which related to authorization of appropriations and was redesignated as subsec. (r) by Pub. L. 117–167, §10105(a)(6). See 2022 Amendment notes below.

The date of enactment of this section, referred to in subsecs. (i)(1) and (n)(1), probably means the date of enactment of Pub. L. 116—260, which enacted subsecs. (i) and (n) of this section and was approved Dec. 27, 2020.

The enactment of this section, referred to in subsecs. (i)(2) and (l), probably means the enactment of Pub. L. 116—260, which enacted subsecs. (i) and (l) of this section and made other amendments to this section.

Codification

Section is comprised of section 307 of Pub. L. 115–246. Subsec. (g) of section 307 of Pub. L. 115–246 amended section 2053 of this title.

Amendments

2022—Subsec. (b). Pub. L. 117–167, §10105(a)(1), designated existing provisions as par. (1), inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and subpars. (A) and (B) of former par. (2) as cls. (i) and (ii), respectively, of subpar. (B) of par. (1), and added par. (2).

Subsec. (d)(3). Pub. L. 117–167, §10105(a)(2), substituted "subsection (q)" for "subsection (o)", "this subsection" for "subsection (d)", and "2027" for "2025".

Subsec. (e)(4). Pub. L. 117–167, §10105(a)(3), substituted "subsection (q)" for "subsection (o)", "this subsection" for "subsection (e)", and "2027" for "2025".

Subsec. (i)(10). Pub. L. 117–167, §10105(a)(4)(A), substituted, in introductory provisions, "subsection (q)" for "subsection (o)" and "this subsection" for "subsection (i)".

Subsec. (i)(10)(F), (G). Pub. L. 117–167, §10105(a)(4)(B)–(D), added subpars. (F) and (G).

Subsec. (j). Pub. L. 117–167, §10105(a)(5), added subsec. (j) and struck out former subsec. (j). Prior to amendment, text read as follows: "The Director shall support research and development activities to design future fusion reactor systems and examine and address the technical drivers for the cost of these systems."

Subsecs. (o) to (q). Pub. L. 117–167, §10105(a)(7), added subsecs. (o) to (q). Former subsec. (o) redesignated (r).

Subsec. (r). Pub. L. 117–167, §10105(a)(6), (8)(A), redesignated subsec. (o) as (r) and substituted "Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there" for "There" in introductory provisions.

Subsec. (r)(3) to (7). Pub. L. 117–167, §10105(a)(8)(B), added pars. (3) to (7) and struck out former pars. (3) to (5) relating to appropriations for fiscal years 2023 to 2025, respectively.

2020—Subsec. (a). Pub. L. 116–260, §2008(a)(2), added subsec. (a). Former subsec. (a) redesignated (b).

Subsecs. (b), (c). Pub. L. 116–260, §2008(a)(1), redesignated subsecs. (a) and (b) as (b) and (c), respectively. Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 116–260, §2008(a)(3), amended subsec. (d) generally. Prior to amendment, text read as follows: "The Director shall support research and development activities for inertial fusion for energy applications."

Pub. L. 116–260, §2008(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 116–260, §2008(a)(4), amended subsec. (e) generally. Prior to amendment, text read as follows: "The Director shall support research and development activities and facility operations at institutions of higher education, National Laboratories, and private facilities in the United States for a portfolio of alternative and enabling fusion energy concepts that may provide solutions to significant challenges to the establishment of a commercial magnetic fusion power plant, prioritized based on the ability of the United States to play a leadership role in the international fusion research community."

Pub. L. 116–260, §2008(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsecs. (f) to (h). Pub. L. 116–260, §2008(a)(1), redesignated subsecs. (f) and (g) as (g) and (h), respectively.

Subsecs. (i) to (o). Pub. L. 116–260, §2008(a)(5), added subsecs. (i) to (o).

¹ So in original. Probably should be "subsection (r),". See References in Text note below.

² So in original.

§18646. Nuclear physics

(a) Program

As part of the activities authorized under section 7139 of this title, the Director shall carry out a research program, and support relevant facilities, to discover and understand various forms of nuclear matter.

(b) Electron Ion Collider

(1) In general

The Secretary shall support construction of an Electron Ion Collider as described in the 2015 Long Range Plan of the Nuclear Science Advisory Committee and the report from the National Academies of Science, Engineering, and Medicine entitled "An Assessment of U.S.-Based Electron-Ion Collider Science", in order to measure the internal structure of the proton and the nucleus and answer fundamental questions about the nature of visible matter.

(2) Facility capability

The Secretary shall ensure that the facility described in paragraph (1) meets the requirements in the 2015 Long Range Plan described in that paragraph, including—

(A) at least 70 percent polarized beams of electrons and light ions;

(B) ion beams from deuterium to the heaviest stable nuclei;

(C) variable center of mass energy from 20 to 140 GeV;

(D) high collision luminosity of 10^33–34cm^-2s^-1; and

(E) the possibility of more than 1 interaction region.

(3) Start of operations

The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility under this subsection occurs before December 31, 2030.

(4) Funding

Out of funds authorized to be appropriated under subsection (c), there are authorized to be appropriated to the Secretary to carry out construction of the facility under this subsection—

(A) $90,000,000 for fiscal year 2023;

(B) $181,000,000 for fiscal year 2024;

(C) $219,000,000 for fiscal year 2025;

(D) $297,000,000 for fiscal year 2026; and

(E) $301,000,000 for fiscal year 2027.

(c) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1) $840,480,000 for fiscal year 2023;

(2) $976,508,800 for fiscal year 2024;

(3) $1,062,239,328 for fiscal year 2025;

(4) $1,190,833,688 for fiscal year 2026; and

(5) $1,248,463,709 for fiscal year 2027.

(Pub. L. 115–246, title III, §308, Sept. 28, 2018, 132 Stat. 3150; Pub. L. 117–167, div. B, title I, §10107, Aug. 9, 2022, 136 Stat. 1449.)

Editorial Notes

Amendments

2022—Pub. L. 117–167 amended section generally. Prior to amendment, text was comprised of subsec. (a) of section 308 of Pub. L. 115–246 which read as follows: "The Director—

"(1) may carry out a program for the production of isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed for research, medical, industrial, or related purposes; and

"(2) shall ensure that isotope production activities carried out under the program under this paragraph do not compete with private industry unless the Director determines that critical national interests require the involvement of the Federal Government."

Prior to amendment, section 308 of Pub. L. 115–246 also contained subsec. (b) which amended section 16321 of this title.

§18647. Science laboratories infrastructure program

(a) In general

The Director shall carry out a program to improve the safety, efficiency, and mission readiness of infrastructure at laboratories of the Office of Science.

(b) Inclusions

The program under subsection (a) shall include projects—

(1) to renovate or replace space that does not meet research needs;

(2) to replace facilities that are no longer cost effective to renovate or operate;

(3) to modernize utility systems to prevent failures and ensure efficiency;

(4) to remove excess facilities to allow safe and efficient operations; and

(5) to construct modern facilities to conduct advanced research in controlled environmental conditions.

(c) Approach

In carrying out the program under subsection (a), the Director shall use all available approaches and mechanisms, as the Secretary determines to be appropriate, including—

(1) capital line items;

(2) minor construction projects;

(3) energy savings performance contracts;

(4) utility energy service contracts;

(5) alternative financing; and

(6) expense funding.

(d) Submission to Congress

For each fiscal year through fiscal year 2027, at the same time as the annual budget submission of the President, the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Natural Resources of the Senate and the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives a list of projects for which the Secretary will provide funding under this section, including a description of each project and the funding profile for the project.

(e) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to the Secretary to carry out the activities described in this section $550,000,000 for each of fiscal years 2023 through 2027.

(Pub. L. 115–246, title III, §309, Sept. 28, 2018, 132 Stat. 3150; Pub. L. 117–167, div. B, title I, §10108, Aug. 9, 2022, 136 Stat. 1450.)

Editorial Notes

Amendments

2022—Subsecs. (c) to (e). Pub. L. 117–167 added subsecs. (c) to (e).

§18648. Accelerator research and development

(a) Program

As part of the activities authorized under section 7139 of this title, the Director shall carry out a research program—

(1) to advance accelerator science and technology relevant to the Department, other Federal agencies, and United States industry;

(2) to foster partnerships to develop, demonstrate, and enable the commercial application of accelerator technologies;

(3) to support the development of a skilled, diverse, and inclusive accelerator workforce; and

(4) to provide access to accelerator design and engineering resources.

(b) Accelerator research

In carrying out the program authorized under subsection (a), the Director shall support—

(1) research activities in cross-cutting accelerator technologies including superconducting magnets and accelerators, beam physics, data analytics-based accelerator controls, simulation software, new particle sources, advanced laser technology, and transformative research; and

(2) optimal operation of the Accelerator Test Facility.

(c) Accelerator development

In carrying out the program authorized under subsection (a), the Director shall support partnerships to foster the development, demonstration, and commercial application of accelerator technologies, including advanced superconducting wire and cable, superconducting RF cavities, and high efficiency radiofrequency power sources for accelerators.

(d) Research collaborations

In developing accelerator technologies under the program authorized under subsection (a), the Director shall—

(1) consider the requirements necessary to support translational research and development for medical, industrial, security, and defense applications; and

(2) leverage investments in accelerator technologies and fundamental research in particle physics by partnering with institutions of higher education, industry, and other Federal agencies to enable the commercial application of advanced accelerator technologies.

(e) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1) $19,080,000 for fiscal year 2023;

(2) $20,224,800 for fiscal year 2024;

(3) $21,438,288 for fiscal year 2025;

(4) $22,724,585 for fiscal year 2026; and

(5) $24,088,060 for fiscal year 2027.

(Pub. L. 115–246, title III, §310, as added Pub. L. 117–167, div. B, title I, §10109, Aug. 9, 2022, 136 Stat. 1451.)

§18649. Isotope research, development, and production

(a) Definition of critical radioactive and stable isotope

(1) In general

In this section, the term "critical radioactive and stable isotope" means a radioactive and stable isotope—

(A) the domestic commercial production of which is unavailable or inadequate to satisfy the demand of research, medical, industrial, or related industries in the United States; and

(B) the supply of which is augmented through—

(i) Department production; or

(ii) foreign suppliers.

(2) Exclusion

In this section, the term "critical radioactive and stable isotope" does not include the medical isotope molybdenum-99, the production and supply of which is addressed in the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211) (including the amendments made by that Act).

(b) Program

The Director shall—

(1) carry out, in coordination with other relevant programs across the Department, a program—

(A) for the production of critical radioactive and stable isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed and of sufficient quality and quantity for research, medical, industrial, or related purposes;

(B) for the production of critical radioactive and stable isotopes that are in short supply or projected to be in short supply in the future, including byproducts, surplus materials, and related isotope services;

(C) to maintain and enhance the infrastructure required to produce and supply critical radioactive and stable isotope products and related services;

(D) to conduct research and development on new and improved isotope production and processing techniques that can make critical radioactive and stable isotopes available for research and application as soon as possible while assisting in workforce development;

(E) to reduce domestic dependency on the foreign supply of critical radioactive and stable isotopes to ensure national preparedness; and

(F) to the maximum extent practicable, in accordance with—

(i) evidence-based reports, such as the 2015 report of the Nuclear Science Advisory Committee entitled "Meeting Isotope Needs and Capturing Opportunities for the Future"; and

(ii) assessments of isotope supply chains, including the assessment described in paragraph (3), any reports submitted pursuant to subsection (d), and other current and future assessments;

(2) ensure that isotope production activities carried out under this subsection are consistent with the statement of policy entitled "Policies and Procedures for Transfer of Commercial Radioisotope Production and Distribution to Private Industry" (30 Fed. Reg. 3247 (March 9, 1965));

(3) assess the domestic requirements of current and emerging critical radioactive and stable isotopes and associated applications, including by consulting end-users, to identify areas that may require Federal investment for expedited development of domestic production capacity for those isotopes, including through public-private partnerships, as appropriate;

(4) ensure that actions taken by the Department do not interfere with, delay, compete with, or otherwise adversely affect efforts by the private sector to make available or otherwise facilitate the supply of critical radioactive and stable isotopes, including efforts under existing agreements between the Department or contractors of the Department and the private sector; and

(5) in coordination with the Assistant Secretary for Nuclear Energy, assess options for demonstrating the production of critical radioactive and stable isotopes in research, test, or commercial nuclear reactors and accelerators, including reactors and accelerators operated at universities.

(c) Advisory committee

(1) In general

Not later than 90 days after August 9, 2022, the Secretary shall establish an advisory committee (referred to in this subsection as the "committee") in alignment with the program established under subsection (b)—

(A) to carry out the activities previously executed as part of the Isotope Subcommittee of the Nuclear Science Advisory Committee; and

(B) to provide expert advice and assistance to the Director in carrying out that program.

(2) Report

(A) In general

Not later than 1 year after the committee is established, the committee shall—

(i) update the 2015 Nuclear Science Advisory Committee Isotopes Subcommittee Report entitled "Meeting Isotope Needs and Capturing Opportunities for the Future"; and

(ii) periodically update that report thereafter as needed.

(B) Inclusions

An updated report under subparagraph (A) shall include an assessment of—

(i) current demand in the United States for critical radioactive and stable isotopes;

(ii) the impact of continued reliance on foreign supply of critical radioactive and stable isotopes;

(iii) proposed mitigation strategies, including increasing domestic production sources for critical radioactive and stable isotopes, that—

(I) are not commercially available; or

(II) are commercially produced in quantities that are not sufficient—

(aa) to satisfy domestic demand; and

(bb) to minimize production constraints and supply disruptions to the United States healthcare and industrial isotope industries;

(iv) current facilities, including upgrades to those facilities, and new facilities needed to meet domestic critical isotope needs; and

(v) workforce development needs.

(3) Nonduplication

The committee shall work in alignment with, and shall not duplicate the efforts of, preexisting advisory committees that are advising the program established under subsection (b).

(4) FACA

The committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).¹

(d) Report

(1) In general

Not later than the end of the first fiscal year beginning after August 9, 2022, and biennially thereafter, the Secretary of Energy Advisory Board shall submit to the Committees on Energy and Natural Resources and Environment and Public Works of the Senate and the Committees on Science, Space, and Technology and Energy and Commerce of the House of Representatives a report describing the progress made under the program established under subsection (b) during the preceding 2 fiscal years.

(2) Inclusions

Each report under paragraph (1) shall include—

(A) an updated assessment of any critical radioactive and stable isotope shortages in the United States;

(B) a description of—

(i) any disruptions in the international supply of critical radioactive and stable isotopes during the preceding 2 fiscal years; and

(ii) the impact of those disruptions on related activities; and

(C)(i) a projection of anticipated disruptions in the international supply, or supply constraints, of critical radioactive and stable isotopes during the next 2 fiscal years; and

(ii) the anticipated impact of those disruptions or constraints, as applicable, on related domestic activities.

(e) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out this section—

(1) $175,708,000 for fiscal year 2023;

(2) $196,056,480 for fiscal year 2024;

(3) $215,759,869 for fiscal year 2025;

(4) $200,633,461 for fiscal year 2026; and

(5) $146,293,469 for fiscal year 2027.

(Pub. L. 115–246, title III, §311, as added Pub. L. 117–167, div. B, title I, §10110(a), Aug. 9, 2022, 136 Stat. 1452.)

Editorial Notes

References in Text

The American Medical Isotopes Production Act of 2012, referred to in subsec. (a)(2), is subtitle F (§§3171–3178) of title XXXI of div. C of Pub. L. 112–239, which enacted sections 2065 and 2142 of this title, amended section 2160d of this title, and enacted provisions set out as a note under section 2065 of this title. For complete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under section 2011 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec. (c)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

Statutory Notes and Related Subsidiaries

Radioisotope Processing Facility and Stable Isotope Production and Research Center

Pub. L. 117–167, div. B, title I, §10110(c), (d), Aug. 9, 2022, 136 Stat. 1455, provided that:

"(c) Radioisotope Processing Facility.—

"(1) In general.—The Secretary of Energy (referred to in this subsection as "the Secretary") shall construct a radioisotope processing facility to provide for the growing radiochemical processing capability needs associated with the production of critical radioactive isotopes authorized under section 311 of the Department of Energy Research and Innovation Act [42 U.S.C. 18649].

"(2) Funding.—Out of funds authorized to be appropriated under section 311(e) of the Department of Energy Research and Innovation Act, there are authorized to be appropriated to the Secretary to carry out this subsection—

"(A) $30,500,000 for fiscal year 2023;

"(B) $75,000,000 for fiscal year 2024;

"(C) $105,000,000 for fiscal year 2025;

"(D) $83,000,000 for fiscal year 2026; and

"(E) $43,000,000 for fiscal year 2027.

"(d) Stable Isotope Production and Research Center.—

"(1) In general.—The Secretary of Energy (referred to in this subsection as "the Secretary") shall establish a stable isotope production and research center—

"(A) to expand the ability of the United States to perform multiple stable isotope production campaigns at large-scale production, as authorized under section 311 of the Department of Energy Research and Innovation Act;

"(B) to mitigate the dependence of the United States on foreign-produced stable isotopes;

"(C) to promote economic resilience; and

"(D) to conduct research and development on stable isotope production and associated methods and technology.

"(2) Funding.—Out of funds authorized to be appropriated under section 311(e) of the Department of Energy Research and Innovation Act, there are authorized to be appropriated to the Secretary to carry out this subsection—

"(A) $74,400,000 for fiscal year 2023;

"(B) $46,000,000 for fiscal year 2024;

"(C) $31,200,000 for fiscal year 2025;

"(D) $33,300,000 for fiscal year 2026; and

"(E) $13,900,000 for fiscal year 2027."

¹ See References in Text note below.

§18650. Increased collaboration with teachers and scientists

The Director shall support the development of a scientific workforce through programs that facilitate collaboration between and among teachers at elementary schools and secondary schools served by local educational agencies, students at institutions of higher education, early-career researchers, faculty at institutions of higher education, and the National Laboratories, including through the use of proven techniques to expand the number of individuals from underrepresented groups pursuing and attaining skills or undergraduate and graduate degrees relevant to the mission of the Office of Science.

(Pub. L. 115–246, title III, §312, as added Pub. L. 117–167, div. B, title I, §10111(a), Aug. 9, 2022, 136 Stat. 1456.)

§18651. High intensity laser research initiative

(a) In general

The Director shall establish a high intensity laser research initiative consistent with the recommendations of the National Academies report entitled "Opportunities in Intense Ultrafast Lasers: Reaching for the Brightest Light" and the report from the Brightest Light Initiative workshop entitled "The Future of Intense Ultrafast Lasers in the U.S.". The initiative should include research and development of petawatt-scale and of high average power laser technologies necessary for future facility needs in discovery science and to advance energy technologies, as well as support for a user network of academic and National Laboratory high intensity laser facilities.

(b) Leverage

The Director shall leverage new laser technologies for more compact, less complex, and low-cost accelerator systems needed for science applications.

(c) Coordination

(1) Director

The Director shall coordinate the initiative established under subsection (a) among all relevant programs within the Office of Science.

(2) Under Secretary

The Under Secretary for Science shall coordinate the initiative established under subsection (a) with other relevant programs within the Department and other Federal agencies.

(d) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this section—

(1) $50,000,000 for fiscal year 2023;

(2) $100,000,000 for fiscal year 2024;

(3) $150,000,000 for fiscal year 2025;

(4) $200,000,000 for fiscal year 2026; and

(5) $250,000,000 for fiscal year 2027.

(Pub. L. 115–246, title III, §313, as added Pub. L. 117–167, div. B, title I, §10112(a), Aug. 9, 2022, 136 Stat. 1459.)

§18652. Helium conservation program

(a) In general

The Secretary shall establish a program to reduce the consumption of helium for Department grant recipients and facilities and encourage helium recycling and reuse. The program shall competitively award grants for—

(1) the purchase of equipment to capture, reuse, and recycle helium;

(2) the installation, maintenance, and repair of new and existing helium capture, reuse, and recycling equipment; and

(3) helium alternatives research and development activities.

(b) Report

Not later than 2 years after August 9, 2022, and every 3 years thereafter, the Director shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the purchase of helium as part of research projects and facilities supported by the Department. The report shall include—

(1) the quantity of helium purchased for projects and facilities supported by Department grants;

(2) a cost-analysis for such helium;

(3) to the maximum extent practicable, information on whether such helium was imported from outside the United States, and if available, the country or region of the world from which the helium was imported;

(4) expected or experienced impacts of helium supply shortages or prices on the research projects and facilities supported by the Department; and

(5) recommendations for reducing Department grant recipients' exposure to volatile helium prices and supply shortages.

(c) Coordination

In carrying out the program under this section, the Director shall coordinate with the National Science Foundation and other relevant Federal agencies on helium conservation activities.

(d) Duration

The program established under this section shall receive support for a period of not more than 5 years, subject to the availability of appropriations.

(e) Renewal

Upon expiration of any period of support of the program under this section, the Director may renew support for the program for a period of not more than 5 years.

(Pub. L. 115–246, title III, §314, as added Pub. L. 117–167, div. B, title I, §10112(a), Aug. 9, 2022, 136 Stat. 1460.)

§18653. Office of Science Biological Threat Preparedness Research Initiative

(a) In general

The Secretary shall establish within the Office of Science a cross-cutting research initiative, to be known as the "Biological Threat Preparedness Research Initiative", to leverage the innovative analytical resources and tools, user facilities, and advanced computational and networking capabilities of the Department in order to support efforts that prevent, prepare for, predict, and respond to biological threats to national security, including infectious diseases.

(b) Competitive, merit-reviewed process

The Secretary shall carry out the initiative established under subsection (a) through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, industry partners and other appropriate entities.

(c) Activities

In carrying out the initiative established under subsection (a), the Secretary shall—

(1) determine a comprehensive set of technical milestones for the research activities described in that subsection;

(2) prioritize the objectives of—

(A) supporting fundamental research and development in advanced analytics, experimental studies, materials synthesis, and high-performance computing technologies needed in order to more quickly and effectively characterize, model, simulate, and predict complex natural phenomena and biological materials related to emerging biological threats;

(B) supporting the development of tools that inform epidemiological modeling, and applying artificial intelligence, machine learning, and other computing tools to accelerate such processes;

(C) supporting research and capabilities that enhance understanding and modeling of the transport of pathogens in indoor and outdoor air and water environments;

(D) identifying priority research opportunities and capabilities for molecular design and modeling for medical countermeasures;

(E) ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities and other Federal research institutions; and

(F) supporting activities and projects that combine computational modeling and simulation with experimental research facilities and studies;

(3) leverage the research infrastructure of the Department, including scientific computing user facilities, x-ray light sources, neutron scattering facilities, nanoscale science research centers, and sequencing and biocharacterization facilities;

(4) leverage experience from existing modeling and simulation research and work sponsored by the Department and promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing necessary access and secure data transfer capabilities; and

(5) ensure that new experimental and computational tools are accessible to relevant research communities, including private sector entities, to address emerging biological threats.

(d) Coordination

In carrying out the initiative established under subsection (a), the Secretary shall coordinate activities with—

(1) other relevant offices of the Department;

(2) the National Nuclear Security Administration;

(3) the National Laboratories;

(4) the Director of the National Science Foundation;

(5) the Director of the Centers for Disease Control and Prevention;

(6) the Director of the National Institutes of Health;

(7) the Assistant Secretary for Preparedness and Response;

(8) the heads of other relevant Federal agencies;

(9) institutions of higher education; and

(10) the private sector.

(e) Infectious Diseases High Performance Computing Research Consortium

(1) In general

The Secretary, in coordination with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy, shall establish and operate an Emerging Infectious Diseases High Performance Computing Research Consortium (referred to in this section as the "Consortium"), to support the initiative established under subsection (a) by providing, to the extent practicable, a centralized entity for multidisciplinary, collaborative, emerging infectious disease and biosecurity research and development through high performance computing and advanced data analytics technologies and processes, in conjunction with the experimental research facilities and studies supported by the Department.

(2) Membership

The members of the Consortium may include representatives from relevant Federal agencies, the National Laboratories, the private sector, and institutions of higher education, which can each contribute relevant compute time, capabilities, or other resources.

(3) Activities

The Consortium shall—

(A) match applicants with available Federal and private sector computing resources;

(B) consider supplemental awards for computing partnerships with Consortium members to qualifying entities on a competitive merit-review basis;

(C) encourage collaboration and communication among member representatives of the Consortium and awardees;

(D) provide access to the high-performance computing capabilities, expertise, and user facilities of the Department and the National Laboratories; and

(E) submit an annual report to the Secretary summarizing the activities of the Consortium, including—

(i) describing each project undertaken by the Consortium;

(ii) detailing organizational expenditures; and

(iii) evaluating contributions to the achievement of technical milestones as determined in subsection (a).

(4) Coordination

The Secretary shall ensure the coordination of, and avoid unnecessary duplication of, the activities of the Consortium with the activities of other research entities of the Department, other Federal research institutions, institutions of higher education, and the private sector.

(f) Report

Not later than 2 years after August 9, 2022, the Secretary shall submit to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report detailing the effectiveness of—

(1) the interagency coordination among each Federal agency involved in the initiative established under subsection (a);

(2) the collaborative research achievements of that initiative, including the achievement of the technical milestones determined under that subsection; and

(3) potential opportunities to expand the technical capabilities of the Department.

(g) Funding

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to the Secretary to carry out the activities under this section $50,000,000 for each of fiscal years 2023 through 2027.

(Pub. L. 115–246, title III, §315, as added Pub. L. 117–167, div. B, title I, §10112(a), Aug. 9, 2022, 136 Stat. 1461.)

§18654. Midscale instrumentation and research equipment program

(a) In general

The Director shall establish a midscale instrumentation and research equipment program to develop, acquire, and commercialize research instrumentation and equipment needed to meet the missions of the Department and to provide platform technologies for the broader scientific community.

(b) Activities

Under the program established under subsection (a), the Director shall—

(1) enable the development and acquisition of novel, state-of-the-art instruments that—

(A) range in cost from $1,000,000 to $20,000,000 each; and

(B) would significantly accelerate scientific breakthroughs at user facilities; and

(2) strongly encourage partnerships among—

(A) National Laboratories;

(B) user facilities; and

(C)(i) institutions in a State receiving funding under the Established Program to Stimulate Competitive Research established under section 13503(b)(3) of this title;

(ii) historically Black colleges or universities;

(iii) minority-serving institutions of higher education; or

(iv) institutions of higher education in a rural area.

(c) Coordination with other programs

The Director shall coordinate the program established under subsection (a) with all other programs carried out by the Office of Science of the Department.

(d) Research equipment and technology development coordination

The Director shall encourage coordination among the Office of Science, the National Laboratories, the Office of Technology Transitions, and relevant academic and private sector entities to identify, disseminate, and commercialize research instruments, equipment, and related technologies developed to aid basic science research discoveries that meet the mission of the Department.

(e) Authorization of appropriations

Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to carry out this section $150,000,000 for each of fiscals ¹ years 2023 through 2027.

(Pub. L. 115–246, title III, §316, as added Pub. L. 117–167, div. B, title I, §10112(a), Aug. 9, 2022, 136 Stat. 1463.)

¹ So in original. Probably should be "fiscal".

§18655. Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out the activities described in this subchapter—

(1) $8,902,392,400 for fiscal year 2023;

(2) $9,541,895,744 for fiscal year 2024;

(3) $10,068,198,994 for fiscal year 2025;

(4) $10,468,916,520 for fiscal year 2026; and

(5) $10,831,342,317 for fiscal year 2027.

(Pub. L. 115–246, title III, §317, as added Pub. L. 117–167, div. B, title I, §10112(a), Aug. 9, 2022, 136 Stat. 1464.)