42 U.S.C. § 18648 — Accelerator research and development

Page 9191 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18648 (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 sec- tion— (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 sec- tion 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 Di- rector determines that critical national interests re- quire 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 pro- gram (a) In general The Director shall carry out a program to im- prove the safety, efficiency, and mission readi- ness of infrastructure at laboratories of the Of- fice of Science. (b) Inclusions The program under subsection (a) shall in- clude 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 environ- mental conditions. (c) Approach In carrying out the program under subsection (a), the Director shall use all available ap- proaches and mechanisms, as the Secretary de- termines 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 submis- sion 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 Appropria- tions and the Committee on Science, Space, and Technology of the House of Representatives a list of projects for which the Secretary will pro- vide funding under this section, including a de- scription 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 au- thorized 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 sec- tion 7139 of this title, the Director shall carry out a research program— (1) to advance accelerator science and tech- nology relevant to the Department, other Fed- eral agencies, and United States industry; (2) to foster partnerships to develop, dem- onstrate, and enable the commercial applica- tion 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 accel- erator technologies including superconducting magnets and accelerators, beam physics, data analytics-based accelerator controls, simula- tion 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 part- nerships to foster the development, demonstra- tion, and commercial application of accelerator technologies, including advanced super- conducting wire and cable, superconducting RF cavities, and high efficiency radiofrequency power sources for accelerators. Page 9192 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18649 (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 develop- ment for medical, industrial, security, and de- fense applications; and (2) leverage investments in accelerator tech- nologies 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 sec- tion— (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 pro- duction (a) Definition of critical radioactive and stable isotope (1) In general In this section, the term ‘‘critical radio- active 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 radio- active and stable isotope’’ does not include the medical isotope molybdenum-99, the produc- tion and supply of which is addressed in the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211) (includ- ing the amendments made by that Act). (b) Program The Director shall— (1) carry out, in coordination with other rel- evant programs across the Department, a pro- gram— (A) for the production of critical radio- active and stable isotopes, including the de- velopment of techniques to produce isotopes, that the Secretary determines are needed and of sufficient quality and quantity for re- search, medical, industrial, or related pur- poses; (B) for the production of critical radio- active 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 infra- structure required to produce and supply critical radioactive and stable isotope prod- ucts 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 prepared- ness; and (F) to the maximum extent practicable, in accordance with— (i) evidence-based reports, such as the 2015 report of the Nuclear Science Advi- sory 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 pur- suant to subsection (d), and other current and future assessments; (2) ensure that isotope production activities carried out under this subsection are con- sistent with the statement of policy entitled ‘‘Policies and Procedures for Transfer of Com- mercial Radioisotope Production and Distribu- tion to Private Industry’’ (30 Fed. Reg. 3247 (March 9, 1965)); (3) assess the domestic requirements of cur- rent and emerging critical radioactive and sta- ble isotopes and associated applications, in- cluding 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 Depart- ment do not interfere with, delay, compete with, or otherwise adversely affect efforts by the private sector to make available or other- wise facilitate the supply of critical radio- active and stable isotopes, including efforts under existing agreements between the De- partment or contractors of the Department and the private sector; and (5) in coordination with the Assistant Sec- retary for Nuclear Energy, assess options for demonstrating the production of critical ra- dioactive and stable isotopes in research, test, or commercial nuclear reactors and accelera- tors, including reactors and accelerators oper- ated at universities. (c) Advisory committee (1) In general Not later than 90 days after August 9, 2022, the Secretary shall establish an advisory com- mittee (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 Sub- committee of the Nuclear Science Advisory Committee; and