42 U.S.C. § 13503 — Supporting research and technical anal-

Page 8591 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13503 activities consistent with the 5-year program plan. Such proposals may be submitted by one or more parties. (2) Contents of proposals Proposals submitted under this subsection shall include— (A) an explanation of how the proposal will expedite the commercialization of advanced manufacturing technologies to improve en- ergy efficiency in the building, industry, and transportation sectors; (B) evidence of consideration of whether the unique capabilities of Department of En- ergy national laboratories warrants collabo- ration with such laboratories, and the extent of such collaboration proposed; (C) a description of the extent to which the proposal includes collaboration with rel- evant industry or other groups or organiza- tions; and (D) evidence of the ability of the proposers to undertake and complete the proposed project. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section such sums as may be necessary, to be derived from sums authorized under section 13451(e) of this title, including Department of Energy national laboratory participation in proposals submitted under subsection (c). (Pub. L. 102–486, title XXII, § 2202, Oct. 24, 1992, 106 Stat. 3086.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the biennial re- submittal of the program plan to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 2nd item on page 86 of House Document No. 103–7. § 13503. Supporting research and technical anal- ysis (a) Basic energy sciences (1) Program direction The Secretary shall continue to support a vigorous program of basic energy sciences to provide basic research support for the develop- ment of energy technologies. Such program shall focus on the efficient production and use of energy, and the expansion of our knowledge of materials, chemistry, geology, and other re- lated areas of advancing technology develop- ment. (2) User facilities (A) As part of the program referred to in paragraph (1), the Secretary shall carry out planning, construction, and operation of user facilities to provide special scientific and re- search capabilities, including technical exper- tise and support as appropriate, to serve the research needs of our Nation’s universities, in- dustry, private laboratories, Federal labora- tories, and others. Research institutions or in- dividuals from other nations shall be accom- modated at such user facilities in cases where reciprocal accommodations are provided to United States research institutions and indi- viduals or where the Secretary considers such accommodation to be in the national interest. (B) The construction of the Advanced Pho- ton Source at the Argonne National Labora- tory is hereby authorized. (C) The Secretary shall not change the user fee practice in effect as of October 1, 1991, with respect to user facilities unless the Secretary notifies Congress 90 days before the effective date of any change. (D) The Secretary shall expedite the design for construction of the Advanced Neutron Source at the Oak Ridge National Laboratory, in order to provide critical research capabili- ties in support of our national research initia- tives for advanced materials and bio- technology, as well as a broad range of re- search. Such action shall be consistent with the Basic Energy Sciences Advisory Commit- tee’s Technical Evaluation of accelerator and reactor neutron source technologies. Within 90 days after October 24, 1992, the Secretary shall submit to the Congress a plan for such design, including a schedule for construction. (3) Cost sharing The Secretary shall not require cost sharing for research and development pursuant to this subsection, except— (A) as otherwise provided for in coopera- tive research and development agreements or other agreements entered into under ex- isting law; (B) for fees for user facilities, as deter- mined by the Secretary; or (C) in the case of specific projects, where the Secretary determines that the benefits of such research and development accrue to a specific industry or group of industries, in which case cost sharing under section 13542 of this title shall apply. (b) University and science education (1) University research reactors The Secretary shall support programs for improvements and upgrading of university re- search reactors and associated instrumenta- tion and equipment. Within 1 year after Octo- ber 24, 1992, the Secretary shall submit to the Congress a report on the condition and status of university research reactors, which includes a 5-year plan for upgrading and improving such facilities, instrumentation capabilities, and related equipment. (2) Method to evaluate effectiveness of edu- cation programs The Secretary shall develop a method to evaluate the effectiveness of science and mathematics education programs provided by the Department of Energy and its labora- tories, including specific evaluation criteria. (3) Established program to stimulate competi- tive research (A) Definitions In this paragraph: (i) Eligible jurisdiction The term ‘‘eligible jurisdiction’’ means a State that is determined to be eligible for Page 8592 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13503 a grant under this paragraph in accordance with subparagraph (D). (ii) EPSCoR The term ‘‘EPSCoR’’ means the Estab- lished Program to Stimulate Competitive Research operated under subparagraph (B). (iii) National Laboratory The term ‘‘National Laboratory’’ has the meaning given the term in section 15801 of this title. (iv) State The term ‘‘State’’ means— (I) a State; (II) the District of Columbia; (III) the Commonwealth of Puerto Rico; (IV) Guam; and (V) the United States Virgin Islands. (B) Program operation The Secretary shall operate an Established Program to Stimulate Competitive Re- search. (C) Objectives The objectives of EPSCoR shall be— (i) to increase the number of researchers in eligible jurisdictions, especially at in- stitutions of higher education, capable of performing nationally competitive science and engineering research in support of the mission of the Department of Energy in the areas of applied energy research, envi- ronmental management, and basic science; (ii) to improve science and engineering research and education programs at insti- tutions of higher education in eligible ju- risdictions and enhance the capabilities of eligible jurisdictions to develop, plan, and execute research that is competitive, in- cluding through investing in research equipment and instrumentation; and (iii) to increase the probability of long- term growth of competitive funding to eli- gible jurisdictions. (D) Eligible jurisdictions (i) In general The Secretary may establish criteria for determining whether a State is eligible for a grant under this paragraph. (ii) Requirement Except as provided in clause (iii), in es- tablishing criteria under clause (i), the Secretary shall ensure that a State is eli- gible for a grant under this paragraph if the State, as determined by the Secretary, is a State that— (I) historically has received relatively little Federal research and development funding; and (II) has demonstrated a commitment— (aa) to develop the research bases in the State; and (bb) to improve science and engineer- ing research and education programs at institutions of higher education in the State. (iii) Eligibility under NSF EPSCoR At the election of the Secretary, or if the Secretary declines to establish criteria under clause (i), the Secretary may con- tinue to use the eligibility criteria in use on January 1, 2021, or any successor cri- teria. (E) Grants (i) In general EPSCoR shall make grants to eligible ju- risdictions to carry out and support ap- plied energy research and research in all areas of environmental management and basic science sponsored by the Department of Energy, including— (I) energy efficiency, fossil energy, re- newable energy, nuclear energy, and other applied energy research; (II) electricity delivery research; (III) cybersecurity, energy security, and emergency response; (IV) environmental management; and (V) scientific research, including— (aa) advanced scientific computing research; (bb) basic energy sciences; (cc) biological and environmental re- search; (dd) fusion energy sciences; (ee) high energy physics; (ff) nuclear physics; (gg) isotope research, development, and production; (hh) accelerator research, develop- ment, and production; and (ii) other areas of research funded by the Office of Science, as determined by the Secretary. (ii) Activities EPSCoR shall make grants under this subparagraph for activities consistent with the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in clause (i), including— (I) to support research that is carried out in partnership with the National Laboratories; (II) to provide for undergraduate schol- arships, graduate fellowships, and traineeships; (III) to support research by early ca- reer faculty and staff; (IV) to improve research capabilities through annual research implementation grants; (V) to develop research clusters for particular areas of expertise; and (VI) to diversify the future workforce. (iii) No cost sharing EPSCoR shall not impose any cost-shar- ing requirement with respect to a grant made under this subparagraph, but may re- quire letters of commitment from Na- tional Laboratories. (F) Research capability enhancement (i) Scholarships and fellowships (I) In general Pursuant to subparagraph (E)(ii), the Secretary shall award grants to institu- Page 8593 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13503 tions of higher education in eligible ju- risdictions for those institutions of high- er education to provide scholarships and fellowships. (II) Grant A scholarship or fellowship awarded by an institution of higher education in an eligible jurisdiction using a grant pro- vided under subclause (I)— (aa) in the case of an undergraduate scholarship— (AA) shall be for a period of 1 year; and (BB) may be competitively renew- able on an annual basis; and (bb) in the case of a graduate level fellowship, shall be for a period of not more than 5 years. (ii) Early career capacity development (I) In general Pursuant to subparagraph (E)(ii), the Secretary shall award grants to early ca- reer faculty and staff at institutions of higher education in eligible jurisdic- tions— (aa) to support investigator-initiated research, including associated research equipment and instrumentation; (bb) to support activities associated with identifying and responding to funding opportunities; (cc) to secure technical assistance for the pursuit of funding opportuni- ties; and (dd) to develop and enhance collabo- ration among National Laboratories, Department of Energy programs, the private sector, and other relevant enti- ties. (II) Grants A grant awarded under subclause (I) shall be— (aa) for a period of not more than 5 years; and (bb) competitively renewable for an additional 5-year period. (iii) Research capacity development (I) In general Pursuant to subparagraph (E)(ii), the Secretary shall award competitive grants to institutions of higher edu- cation in eligible jurisdictions for re- search capacity development and imple- mentation, including— (aa) developing expertise in key tech- nology areas, including associated equipment and instrumentation; (bb) developing and acquiring novel, state-of-the-art instruments and equip- ment that range in cost from $500,000 to $20,000,000; (cc) enhancing collaboration with National Laboratories, the Department of Energy, and the private sector through faculty or staff placement pro- grams; and (dd) supporting formal partnership programs with institutions of higher education and National Laboratories. (II) Grants A grant awarded under subclause (I) shall be— (aa) for a period of not more than 5 years; and (bb) renewable for an additional 5- year period. (III) Equipment and instrumentation To the maximum extent practicable, the Secretary shall ensure that research equipment and instrumentation devel- oped or acquired pursuant to a grant awarded under subclause (I) may sustain continued operation and be maintained without the need for additional or subse- quent funding under this section. (G) Program implementation (i) In general Not later than 270 days after January 1, 2021, the Secretary shall submit to the Committees on Energy and Natural Re- sources and Appropriations of the Senate and the Committees on Energy and Com- merce and Appropriations of the House of Representatives a plan describing how the Secretary shall implement EPSCoR. (ii) Contents of plan The plan described in clause (i) shall in- clude a description of— (I) the management structure of EPSCoR, which shall ensure that all re- search areas and activities described in this paragraph are incorporated into EPSCoR; (II) efforts to conduct outreach to in- form eligible jurisdictions and faculty of changes to, and opportunities under, EPSCoR; (III) how EPSCoR plans to increase en- gagement with eligible jurisdictions, fac- ulty, and State committees, including by holding regular workshops, to increase participation in EPSCoR; and (IV) any other issues relating to EPSCoR that the Secretary determines appropriate. (iii) Update Not later than 270 days after August 9, 2022, the Secretary shall— (I) update the plan submitted under clause (i); and (II) submit the updated plan to the committees described in that clause. (H) Program evaluation (i) In general Not later than 5 years after January 1, 2021, the Secretary shall contract with a federally funded research and development center, the National Academy of Sciences, or a similar organization to carry out an assessment of the effectiveness of EPSCoR, including an assessment of— (I) the tangible progress made towards achieving the objectives described in subparagraph (C); (II) the impact of research supported by EPSCoR on the mission of the De- partment of Energy; and Page 8594 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13503 (III) any other issues relating to EPSCoR that the Secretary determines appropriate. (ii) Limitation The organization with which the Sec- retary contracts under clause (i) shall not be a National Laboratory. (iii) Report Not later than 6 years after January 1, 2021, the Secretary shall submit to the Committee on Energy and Natural Re- sources and the Committee on Appropria- tions of the Senate and the Committee on Science, Space and Technology and the Committee on Appropriations of the House of Representatives a report describing the results of the assessment carried out under clause (i), including recommendations for improvements that would enable the Sec- retary to achieve the objectives described in subparagraph (C). (iv) Annual report At the end of each fiscal year, the Sec- retary shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Sen- ate and the Committee on Energy and Commerce and the Committee on Appro- priations of the House of Representatives a report that includes— (I) the total amount of expenditures made by the Department to carry out EPSCoR in each eligible jurisdiction for each of the 3 most recent fiscal years for which such information is available; (II)(aa) the number of EPSCoR awards made to institutions of higher education located in eligible jurisdictions; and (bb) the amount and type of each award; (III) the number of awards that are not EPSCoR awards made by the Secretary to institutions of higher education lo- cated in eligible jurisdictions; (IV)(aa) the number of representatives of institutions of higher education in eli- gible jurisdictions serving on each Office of Science advisory committee; and (bb) for each such advisory committee, the percentage of committee member- ship that those individuals constitute; and (V) the number of individuals from in- stitutions of higher education in eligible jurisdictions serving on peer review com- mittees. (I) Funding (i) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out EPSCoR, to remain available until expended— (I) $50,000,000 for fiscal year 2023; (II) $50,000,000 for fiscal year 2024; (III) $75,000,000 for fiscal year 2025; (IV) $100,000,000 for fiscal year 2026; and (V) $100,000,000 for fiscal year 2027. (ii) Grants to consortia In the case of an EPSCoR grant awarded to a consortium that contains institutions of higher education that are not located in eligible jurisdictions, the Secretary may count— (I) the full amount of funds expended to provide the grant towards meeting the funding requirement in clause (iii) if the lead entity of the consortium is an insti- tution of higher education located in an eligible jurisdiction; and (II) only the funds provided to institu- tions of higher education located in eli- gible jurisdictions towards meeting the funding requirement in clause (iii) if the lead entity of the consortium is an insti- tution of higher education that is not lo- cated in an eligible jurisdiction. (iii) Additional funds for eligible jurisdic- tions In addition to funds authorized to be ap- propriated under clause (i), the Secretary, to the maximum extent practicable while maintaining the competitive, merit-based award processes of the Office of Science, shall ensure that, of the research and de- velopment funds of the Office of Science that are awarded by the Secretary each year to institutions of higher education, not less than 10 percent is awarded to in- stitutions of higher education in eligible jurisdictions pursuant to the evaluation and selection criteria in section 605.10 of title 10, Code of Federal Regulations (or successor regulations). (iv) Additional funds for equipment and in- strumentation In addition to funds authorized to be ap- propriated under clause (i), there is au- thorized to be appropriated to the Sec- retary to award grants under subparagraph (F)(iii)(I) for the purpose described in item (bb) of that subparagraph $25,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (v) Accounting To the maximum extent practicable, the Secretary shall ensure that each program within the Department of Energy that en- dorses an EPSCoR grant awardee shall contribute funding to the award to ac- knowledge the research benefits to the mission of that program. (c) Technology transfer The Secretary shall support technology trans- fer activities conducted by the National Labora- tories. Within 1 year after October 24, 1992, the Secretary shall submit to the Congress a report on the adequacy of funding for such activities, along with a proposal recommending ways to re- duce the length of time required to consummate cooperative research and development agree- ments. (d) Facilities support for multiprogram energy laboratories (1) Facility policy The Secretary shall develop and implement a least cost strategy for correcting facility problems, closing unneeded facilities, making Page 8595 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13504 1 See References in Text note below. facility modifications, and building new facili- ties at multiprogram energy laboratories. (2) Facility plan Within 1 year after October 24, 1992, the Sec- retary shall prepare and submit to the Con- gress a comprehensive plan for conducting fu- ture facility maintenance, making repairs, modifications, and new additions, and con- structing new facilities at multiprogram en- ergy laboratories. Such plan shall provide for facilities work in accordance with the fol- lowing priorities, listed in descending order of priority: (A) Providing for the safety and health of employees, visitors, and the general public with regard to correcting existing struc- tural, mechanical, electrical, and environ- mental deficiencies. (B) Providing for the repair and rehabilita- tion of existing facilities to keep them in use and prevent deterioration. (C) Providing engineering design and con- struction services for those facilities which require modification or additions in order to meet the needs of new or expanded pro- grams. Such plan shall include plans for new facilities and facility modifications which will be re- quired to meet the Department of Energy’s changing missions of the twenty-first century, including schedules and estimates for imple- mentation, and including a section outlining long-term funding requirements consistent with anticipated budgets and annual author- ization of appropriations. Such plan shall ad- dress the coordination of modernization and consolidation of facilities in order to meet changing mission requirements, and shall pro- vide for annual reports to Congress on accom- plishments, conformance to schedules, com- mitments, and expenditures. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary for Supporting Research and Tech- nical Analysis, including Basic Energy Sciences, Energy Research Analysis, University and Science Education, Technology Transfer, Advi- sory and Oversight Program Direction, and Fa- cilities Support for Multiprogram Energy Lab- oratories, $966,804,000 for fiscal year 1993 and such sums as may be necessary for fiscal year 1994. (Pub. L. 102–486, title XXII, § 2203, Oct. 24, 1992, 106 Stat. 3087; Pub. L. 105–245, title III, § 309(b)(2)(F), Oct. 7, 1998, 112 Stat. 1853; Pub. L. 116–260, div. Z, title IX, § 9011, Dec. 27, 2020, 134 Stat. 2606; Pub. L. 116–283, div. H, title XCIV, § 9411, Jan. 1, 2021, 134 Stat. 4815; Pub. L. 117–167, div. B, title I, § 10113(a)–(e), (g), Aug. 9, 2022, 136 Stat. 1464–1468.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(1), (2). Pub. L. 117–167, § 10113(g), in- serted headings. Subsec. (b)(3)(E). Pub. L. 117–167, § 10113(a)(1), struck out ‘‘in areas of applied energy research, environmental management, and basic science’’ after ‘‘Grants’’ in heading. Subsec. (b)(3)(E)(i)(I). Pub. L. 117–167, § 10113(a)(2)(A), inserted ‘‘nuclear energy,’’ before ‘‘and’’. Subsec. (b)(3)(E)(i)(V). Pub. L. 117–167, § 10113(a)(2)(B), added subcl. (V) and struck out former subcl. (V) which read as follows: ‘‘basic science research.’’ Subsec. (b)(3)(E)(ii)(II). Pub. L. 117–167, § 10113(a)(3)(A), substituted ‘‘undergraduate scholar- ships, graduate fellowships, and’’ for ‘‘graduate’’. Subsec. (b)(3)(E)(ii)(III). Pub. L. 117–167, § 10113(a)(3)(B), substituted ‘‘and staff;’’ for ‘‘; and’’. Subsec. (b)(3)(E)(ii)(IV). Pub. L. 117–167, § 10113(a)(3)(C), substituted ‘‘annual’’ for ‘‘biennial’’ and semicolon for period at end. Subsec. (b)(3)(E)(ii)(V), (VI). Pub. L. 117–167, § 10113(a)(3)(D), added subcls. (V) and (VI). Subsec. (b)(3)(F). Pub. L. 117–167, § 10113(b), added sub- par. (F) and struck out former subpar. (F). Prior to amendment, text read as follows: ‘‘EPSCoR may carry out such activities as may be necessary to meet the ob- jectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in subparagraph (E)(i).’’ Subsec. (b)(3)(G)(iii). Pub. L. 117–167, § 10113(c), added cl. (iii). Subsec. (b)(3)(H)(iv). Pub. L. 117–167, § 10113(d), added cl. (iv). Subsec. (b)(3)(I). Pub. L. 117–167, § 10113(e), added sub- par. (I). 2021—Subsec. (b)(3). Pub. L. 116–283 added par. (3) identical to the par. (3) appearing in the amendment by Pub. L. 116–260. See 2020 Amendment note below. 2020—Subsec. (b)(3). Pub. L. 116–260 added par. (3) and struck out former par. (3) which related to the oper- ation of an Experimental Program to Stimulate Com- petitive Research (EPSCoR). 1998—Subsec. (b)(3)(A)(i). Pub. L. 105–245 substituted ‘‘Office of Science’’ for ‘‘Office of Energy Research’’. § 13504. Math and science education program (a) Program The Secretary shall enter into contracts with existing qualified entities to conduct science and mathematics education programs that sup- plement the Special Programs for Students from Disadvantaged Backgrounds carried out by the Secretary of Education under sections 1070d through 1070d–1d of title 20.1 (b) Purpose (1) The purpose of the programs shall be to provide support to Federal, State, and private programs designed to promote the participation of low-income and first generation college stu- dents as defined in section 1070d of title 20 1 in post-secondary science and mathematics edu- cation. (2) Support activities may include— (A) the development of educational mate- rials; (B) the training of teachers and counselors; (C) the establishment of student internships; (D) the development of seminars on mathe- matics and science; (E) tutoring in mathematics and science; (F) academic counseling; (G) the development of opportunities for re- search; and (H) such other activities that may promote the participation of low-income and first gen- eration college students in post-secondary science and mathematics education. (c) Support (1) In carrying out the purpose of this section, the entities may provide support under sub- section (b)(2) to—