42 U.S.C. § 16539 — National Laboratory Jobs ACCESS Pro-

Page 8927 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16539 Subsec. (c)(1)(A). Pub. L. 116–260, § 10001(b)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘to enhance the economic and energy security of the United States through the development of energy technologies that result in— ‘‘(i) reductions of imports of energy from foreign sources; ‘‘(ii) reductions of energy-related emissions, includ- ing greenhouse gases; and ‘‘(iii) improvement in the energy efficiency of all economic sectors; and’’. Subsec. (c)(2). Pub. L. 116–260, § 10001(b)(2), substituted ‘‘advanced technology projects’’ for ‘‘energy technology projects’’ in introductory provisions. Subsec. (e)(3)(A). Pub. L. 116–260, § 10001(c), struck out ‘‘energy’’ before ‘‘research’’. Subsec. (g)(3)(A)(iii). Pub. L. 116–260, § 10001(h)(1), sub- stituted ‘‘subparagraph’’ for ‘‘subpart’’ in two places in introductory provisions. Subsec. (h). Pub. L. 116–260, § 10001(d), amended sub- sec. (h) generally. Prior to amendment, text read as fol- lows: ‘‘(1) ANNUAL REPORT.—As part of the annual budget request submitted for each fiscal year, the Director shall provide to the relevant authorizing and appro- priations committees of Congress a report describing projects supported by ARPA-E during the previous fiscal year. ‘‘(2) STRATEGIC VISION ROADMAP.—Not later than Oc- tober 1, 2010, and October 1, 2013, the Director shall provide to the relevant authorizing and appropria- tions committees of Congress a roadmap describing the strategic vision that ARPA-E will use to guide the choices of ARPA-E for future technology invest- ments over the following 3 fiscal years.’’ Subsec. (i)(1). Pub. L. 116–260, § 10001(e), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘To the maximum extent practicable, the Direc- tor shall ensure that the activities of ARPA-E are co- ordinated with, and do not duplicate the efforts of, pro- grams and laboratories within the Department and other relevant research agencies.’’ Subsec. (l)(1). Pub. L. 116–260, § 10001(f)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘After ARPA-E has been in oper- ation for 6 years, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy shall conduct an evaluation of how well ARPA-E is achieving the goals and mission of ARPA-E.’’ Subsec. (l)(2). Pub. L. 116–260, § 10001(f)(2)(A), sub- stituted ‘‘may’’ for ‘‘shall’’ in introductory provisions. Subsec. (l)(2)(A). Pub. L. 116–260, § 10001(f)(2)(B), sub- stituted ‘‘a recommendation’’ for ‘‘the recommendation of the National Academy of Sciences’’. Subsec. (o)(2). Pub. L. 116–260, § 10001(g), amended par. (2) generally. Prior to amendment, par. (2) authorized appropriations for fiscal years 2008 to 2013. Subsec. (o)(4)(B). Pub. L. 116–260, § 10001(h)(2), sub- stituted ‘‘(c)(2)(C)’’ for ‘‘(c)(2)(D)’’. 2018—Subsec. (a)(3). Pub. L. 115–246, § 202(1), sub- stituted ‘‘subsection (o)(1)’’ for ‘‘subsection (n)(1)’’. Subsecs. (n), (o). Pub. L. 115–246, § 202(2), (3), added subsec. (n) and redesignated former subsec. (n) as (o). 2011—Subsec. (a)(3). Pub. L. 111–358, § 904(1), sub- stituted ‘‘subsection (n)(1)’’ for ‘‘subsection (m)(1)’’. Subsec. (c)(2)(A). Pub. L. 111–358, § 904(2), inserted ‘‘and applied’’ after ‘‘advances in fundamental’’. Subsec. (e)(3)(C). Pub. L. 111–358, § 904(3)(A)(i), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘research and development of manufac- turing processes for novel energy technologies; and’’. Subsec. (e)(5). Pub. L. 111–358, § 904(3)(A)(ii)–(C), added par. (5). Subsec. (f). Pub. L. 111–358, § 904(5), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 111–358, § 904(4), redesignated sub- sec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (g)(1). Pub. L. 111–358, § 904(6)(B), added par. (1). Former par. (1) redesignated (2). Subsec. (g)(2). Pub. L. 111–358, § 904(6)(A),(C)(i), redes- ignated par. (1) as (2) and substituted ‘‘Program direc- tors’’ for ‘‘Program managers’’ in heading. Subsec. (g)(2)(A). Pub. L. 111–358, § 904(6)(C)(ii), sub- stituted ‘‘program directors for’’ for ‘‘program man- agers for each of’’. Subsec. (g)(2)(B). Pub. L. 111–358, § 904(6)(C)(iii)(I), sub- stituted ‘‘program director’’ for ‘‘program manager’’ in introductory provisions. Subsec. (g)(2)(B)(iv). Pub. L. 111–358, § 904(6)(C)(iii)(II), struck out ‘‘, with advice under subsection (j) as appro- priate,’’ after ‘‘basis of merit’’ in introductory provi- sions. Subsec. (g)(2)(B)(v) to (viii). Pub. L. 111–358, § 904(6)(C)(iii)(III)–(VI), added cls. (v) and (vii) and re- designated former cls. (v) and (vi) as (vi) and (viii), re- spectively. Subsec. (g)(2)(C). Pub. L. 111–358, § 904(6)(C)(iv), in- serted ‘‘not more than’’ after ‘‘shall be’’. Subsec. (g)(3). Pub. L. 111–358, § 904(6)(A), redesignated par. (2) as (3). Subsec. (g)(3)(A)(ii), (iii). Pub. L. 111–358, § 904(6)(D)(i), added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: ‘‘fix the compensation of such personnel at a rate to be determined by the Director.’’ Subsec. (g)(3)(B). Pub. L. 111–358, § 904(6)(D)(ii), sub- stituted ‘‘not more than 120’’ for ‘‘not less than 70, and not more than 120,’’. Subsec. (h). Pub. L. 111–358, § 904(4), redesignated sub- sec. (g) as (h). Former subsec. (h) redesignated (i). Subsec. (h)(2). Pub. L. 111–358, § 904(7), substituted ‘‘2010’’ for ‘‘2008’’ and ‘‘2013’’ for ‘‘2011’’. Subsec. (i). Pub. L. 111–358, § 904(4), redesignated sub- sec. (h) as (i). Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 111–358, § 904(8), added subsec. (j) and struck out former subsec. (j). Prior to amendment, text read as follows: ‘‘The Secretary shall make infor- mation available to purchasing and procurement pro- grams of Federal agencies regarding the potential to demonstrate technologies resulting from activities funded through ARPA-E.’’ Pub. L. 111–358, § 904(4), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k). Subsecs. (k), (l). Pub. L. 111–358, § 904(4), redesignated subsecs. (j) and (k) as (k) and (l), respectively. Former subsec. (l) redesignated (m). Subsec. (l)(1). Pub. L. 111–358, § 904(9)(A), substituted ‘‘6 years’’ for ‘‘4 years’’. Subsec. (l)(2)(B). Pub. L. 111–358, § 904(9)(B), inserted ‘‘, and the manner in which those lessons may apply to the operation of other programs of the Department’’ after ‘‘ARPA-E’’. Subsecs. (m), (n). Pub. L. 111–358, § 904(4), redesignated subsecs. (l) and (m) as (m) and (n), respectively. Subsec. (n)(2)(C) to (E). Pub. L. 111–358, § 904(10)(A), added subpars. (C) to (E). Subsec. (n)(4). Pub. L. 111–358, § 904(10)(B), (C), redesig- nated par. (5) as (4) and struck out former par. (4). Prior to amendment, text read as follows: ‘‘No amounts may be appropriated for ARPA-E for fiscal year 2008 unless the amount appropriated for the activities of the Office of Science of the Department for fiscal year 2008 ex- ceeds the amount appropriated for the Office for fiscal year 2007, as adjusted for inflation in accordance with the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor.’’ Subsec. (n)(4)(B). Pub. L. 111–358, § 904(10)(D), sub- stituted ‘‘5 percent’’ for ‘‘2.5 percent’’ and inserted ‘‘, consistent with the goal described in subsection (c)(2)(D) and within the responsibilities of program di- rectors described in subsection (g)(2)(B)(vii)’’ after ‘‘outreach activities’’. Subsec. (n)(5). Pub. L. 111–358, § 904(10)(C), redesig- nated par. (5) as (4). § 16539. National Laboratory Jobs ACCESS Pro- gram (a) In general On or after the date that is 180 days after De- cember 20, 2019, the Secretary may establish a Page 8928 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16539 program, to be known as the ‘‘Department of Energy National Lab Jobs ACCESS Program’’, under which the Secretary may award, on a competitive basis, 5-year grants to eligible enti- ties described in subsection (c) for the Federal share of the costs of pre-apprenticeship pro- grams and apprenticeship programs described in subsection (b). (b) Pre-apprenticeship and apprenticeship pro- grams described A pre-apprenticeship program or apprentice- ship program described in this subsection is a pre-apprenticeship program or apprenticeship program that— (1) leads to recognized postsecondary creden- tials for secondary school and postsecondary students; (2) is focused on skills and qualifications needed, as determined by the Secretary in con- sultation with the directors of the National Laboratories, to meet the immediate and on- going needs of traditional and emerging tech- nician positions (including machinists and cybersecurity technicians) at the National Laboratories and covered facilities of the Na- tional Nuclear Security Administration; (3) is established in consultation with a Na- tional Laboratory or covered facility of the National Nuclear Security Administration; (4) is registered with and approved by the Secretary of Labor or a State apprenticeship agency; and (5) ensures that participants in the pre-ap- prenticeship program or apprenticeship pro- gram do not displace paid employees. (c) Eligible entities described An eligible entity described in this subsection is a workforce intermediary or an eligible spon- sor of a pre-apprenticeship program or appren- ticeship program that— (1) demonstrates experience in implementing and providing career planning and career path- ways toward pre-apprenticeship programs or apprenticeship programs; (2)(A) has a relationship with a National Laboratory or covered facility of the National Nuclear Security Administration; (B) has knowledge of the technician work- force needs of the laboratory or facility and the associated security requirements of the laboratory or facility; and (C) is eligible to enter into an agreement with the laboratory or facility that would be paid for in part or entirely from grant funds received under this section; (3) demonstrates the ability to recruit and support individuals who plan to work in rel- evant technician positions upon the successful completion of the pre-apprenticeship program or apprenticeship program; (4) provides students who complete the pre- apprenticeship program or apprenticeship pro- gram with, or prepares such students for ob- taining, a recognized postsecondary creden- tial; (5) uses related instruction that is specifi- cally aligned with the needs of the laboratory or facility and utilizes workplace learning ad- visors and on-the-job training to the greatest extent possible; and (6) demonstrates successful outcomes con- necting graduates of the pre-apprenticeship program or apprenticeship program to careers relevant to the program. (d) Applications If the Secretary establishes the program de- scribed in subsection (a), an eligible entity de- scribed in subsection (c) seeking a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) Priority In selecting eligible entities described in sub- section (c) to receive grants under this section, the Secretary may prioritize an eligible entity that— (1) is a member of an industry or sector part- nership; (2) provides related instruction for a pre-ap- prenticeship program or apprenticeship pro- gram through— (A) a local educational agency, a sec- ondary school, a provider of adult education, an area career and technical education school, or an institution of higher education (such as a community college) that includes basic science, technology, and mathematics education in the related instruction; or (B) an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the grant under subsection (d); (3) works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans or- ganizations to transition members of the Armed Forces and veterans to pre-apprentice- ship programs or apprenticeship programs in a relevant sector; (4) plans to use the grant to carry out the pre-apprenticeship program or apprenticeship program with an entity that receives State funding or is operated by a State agency; and (5) plans to use the grant to carry out the pre-apprenticeship program or apprenticeship program for— (A) young adults ages 16 to 29, inclusive; or (B) individuals with barriers to employ- ment. (f) Additional consideration In making grants under this section, the Sec- retary may consider regional diversity. (g) Limitation on applications An eligible entity described in subsection (c) may not submit, either individually or as part of a joint application, more than one application for a grant under this section during any one fis- cal year. (h) Limitations on amount of grant The amount of a grant provided under this sec- tion may not, for any 24-month period of the 5- year grant period, exceed $500,000. (i) Non-Federal share The non-Federal share of the cost of a pre-ap- prenticeship program or apprenticeship program carried out using a grant under this section Page 8929 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16539 shall be not less than 25 percent of the total cost of the program. (j) Technical assistance The Secretary may provide technical assist- ance to eligible entities described in subsection (c) to leverage the existing job training and edu- cation programs of the Department of Labor and other relevant programs at appropriate Federal agencies. (k) Report (1) In general If the Secretary establishes the program de- scribed in subsection (a), not less than once every 2 years thereafter, the Secretary shall submit to Congress, and make publicly avail- able on the website of the Department of En- ergy, a report on the program, including— (A) a description of— (i) any entity that receives a grant under this section; (ii) any activity carried out using a grant under this section; and (iii) best practices used to leverage the investment of the Federal Government under this section; and (B) an assessment of the results achieved by the program, including the rate of em- ployment for participants after completing a pre-apprenticeship program or apprentice- ship program carried out using a grant under this section. (2) Performance reports Not later than one year after the establish- ment of a pre-apprenticeship program or ap- prenticeship program using a grant awarded under this section, and annually thereafter, the entity carrying out the program shall sub- mit to the Secretary and the Secretary of Labor a report on the effectiveness of the pro- gram based on the accountability measures described in clauses (i) and (ii) of section 3141(b)(2)(A) of title 29. (l) Definitions In this section: (1) ESEA terms The terms ‘‘local educational agency’’ and ‘‘secondary school’’ have the meanings given the terms in section 7801 of title 20. (2) WIOA terms The terms ‘‘career planning’’, ‘‘community- based organization’’, ‘‘customized training’’, ‘‘economic development agency’’, ‘‘individual with a barrier to employment’’, ‘‘industry or sector partnership’’, ‘‘on-the-job training’’, ‘‘recognized postsecondary credential’’, and ‘‘workplace learning advisor’’ have the mean- ings given such terms in section 3102 of title 29. (3) Apprenticeship program The term ‘‘apprenticeship program’’ means a program registered under the Act of August 16, 1937 (commonly known as the ‘‘National Ap- prenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (4) Area career and technical education school The term ‘‘area career and technical edu- cation school’’ has the meaning given the term in section 2302 of title 20. (5) Community college The term ‘‘community college’’ has the meaning given the term ‘‘junior or community college’’ in section 1058(f) of title 20. (6) Covered facility of the national nuclear se- curity administration The term ‘‘covered facility of the National Nuclear Security Administration’’ means a national security laboratory or a nuclear weapons production facility as such terms are defined in section 2501 of title 50. (7) Eligible sponsor The term ‘‘eligible sponsor’’ means a public organization or nonprofit organization that— (A) with respect to an apprenticeship pro- gram, administers the program through a partnership that may include— (i) an industry or sector partnership; (ii) an employer or industry association; (iii) a labor-management organization; (iv) a local workforce development board or State workforce development board; (v) a 2- or 4-year institution of higher education that offers an educational pro- gram leading to an associate’s or bach- elor’s degree in conjunction with a certifi- cate of completion of apprenticeship; (vi) the Armed Forces (including the Na- tional Guard and Reserves); (vii) a community-based organization; or (viii) an economic development agency; and (B) with respect to a pre-apprenticeship program, is a local educational agency, a secondary school, an area career and tech- nical education school, a provider of adult education, a State workforce development board, a local workforce development board, or a community-based organization, that ad- ministers the program with any required co- ordination and necessary approvals from the Secretary of Labor or a State department of labor. (8) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001 of title 20. (9) Local workforce development board The term ‘‘local workforce development board’’ has the meaning given the term ‘‘local board’’ in section 3102 of title 29. (10) National Laboratory The term ‘‘National Laboratory’’ has the meaning given the term in section 15801 of this title. (11) Nonprofit organization The term ‘‘nonprofit organization’’ means an organization that is described in section 501(c) of title 26 and exempt from tax under section 501(a) of such title. (12) Pre-apprenticeship program The term ‘‘pre-apprenticeship program’’ means a program— (A) designed to prepare individuals to enter and succeed in an apprenticeship pro- gram; and Page 8930 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16601 (B) that has a documented partnership with at least one, if not more, apprentice- ship programs. (13) Provider of adult education The term ‘‘provider of adult education’’ has the meaning given the term ‘‘eligible pro- vider’’ in section 3272 of title 29. (14) Related instruction The term ‘‘related instruction’’ means an or- ganized and systematic form of instruction de- signed to provide an individual in a pre-ap- prenticeship program or apprenticeship pro- gram with the knowledge of the technical sub- jects related to the intended occupation of the individual after completion of the program. (15) Secretary The term ‘‘Secretary’’ means the Secretary of Energy, in consultation with the Secretary of Labor, except as otherwise specified in this section. (16) Sponsor The term ‘‘sponsor’’ means any person, asso- ciation, committee, or organization operating a pre-apprenticeship program or apprentice- ship program and in whose name the program is (or is to be) registered or approved. (17) State apprenticeship agency The term ‘‘State apprenticeship agency’’ has the meaning given that term in section 29.2 of title 29, Code of Federal Regulations (or any corresponding similar regulation or ruling). (18) State workforce development board The term ‘‘State workforce development board’’ has the meaning given the term ‘‘State board’’ in section 3102 of title 29. (19) Workforce intermediary The term ‘‘workforce intermediary’’— (A) means a nonprofit organization that— (i) proactively addresses workforce needs using a dual customer approach, which considers the needs of both employees and employers; and (ii) has partnered with a sponsor of a pre- apprenticeship program or apprenticeship program or is a sponsor of a pre-appren- ticeship program or apprenticeship pro- gram; and (B) may include a community organiza- tion, an employer organization, a commu- nity college, a temporary staffing agency, a State workforce development board, a local workforce development board, or a labor or labor-management organization. (Pub. L. 116–92, div. C, title XXXI, § 3122, Dec. 20, 2019, 133 Stat. 1953.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the America COMPETES Act which comprises this subchapter. CHAPTER 150—NATIONAL AERONAUTICS AND SPACE PROGRAMS, 2005 § 16601. Transferred Editorial Notes CODIFICATION Section, Pub. L. 109–155, § 2, Dec. 30, 2005, 119 Stat. 2897, which related to definitions, was transferred and is set out as a note under section 10101 of Title 51, Na- tional and Commercial Space Programs. SUBCHAPTER I—GENERAL PRINCIPLES AND REPORTS §§ 16611, 16611a. Repealed or Omitted Editorial Notes CODIFICATION Section 16611, Pub. L. 109–155, title I, § 101, Dec. 30, 2005, 119 Stat. 2897, which related to responsibilities, policies, and plans, was repealed in part and omitted in part. Subsecs. (a) and (b) were repealed and reenacted as sections 20301 and 20302, respectively, of Title 51, Na- tional and Commercial Space Programs, by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444, which Act enacted Title 51. Subsecs. (c) to (g), requiring cer- tain reports and studies by past dates, were omitted from the Code following the enactment of Title 51. Sub- sec. (h)(1) was repealed and reenacted as subsec. (a) of section 30103 of Title 51. Subsec. (h)(2), providing sense of Congress regarding budget evaluation, was omitted from the Code following the enactment of Title 51. Sub- sec. (i) was repealed and reenacted as subsec. (b) of sec- tion 30103 of Title 51. Subsec. (j), providing for inde- pendent review of strategic need for aeronautics test facilities, was omitted from the Code following the en- actment of Title 51. Section 16611a, Pub. L. 110–69, title II, § 2001, Aug. 9, 2007, 121 Stat. 582, which related to NASA’s contribu- tion to innovation, was repealed in part and omitted in part. Subsecs. (a), (b), (c), and (e) were repealed and re- enacted as subsecs. (a), (b), (c), and (d), respectively, of section 20303 of Title 51 by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444, which Act enacted Title 51. Subsec. (d), which provided sense of Congress regarding NASA funding, and subsec. (f), requiring report by Ad- ministrator regarding assessments of educational pro- gram effectiveness not later than one year after Aug. 9, 2007, were omitted from the Code following the enact- ment of Title 51. § 16611b. Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444 Section, Pub. L. 110–161, div. B, title III, Dec. 26, 2007, 121 Stat. 1919, related to NASA annual budget justifica- tion. See subsec. (c) of section 30103 of Title 51, Na- tional and Commercial Space Programs. Statutory Notes and Related Subsidiaries ESTIMATES OF RECEIPTS AND COLLECTIONS AND PRO- POSED USE OF FUNDS FROM LEASES OF NON-EXCESS PROPERTY Pub. L. 111–8, div. B, title III, Mar. 11, 2009, 123 Stat. 589, which provided in part that each annual budget re- quest shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 315 of the National Aeronautics and Space Act of 1958 ([former] 42 U.S.C. 2459j), was repealed and reenacted as subsec. (d) of section 30103 of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444, which Act enacted Title 51.