42 U.S.C. § 13503 (THE PUBLIC HEALTH AND WELFARE)
§ 13503. Supporting research and technical analysis
(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 development 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 related areas of advancing technology development.
(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 research capabilities, including technical expertise and support as appropriate, to serve the research needs of our Nation’s universities, industry, private laboratories, Federal laboratories, and others. Research institutions or individuals from other nations shall be accommodated at such user facilities in cases where reciprocal accommodations are provided to United States research institutions and individuals or where the Secretary considers such accommodation to be in the national interest.
(B) The construction of the Advanced Photon Source at the Argonne National Laboratory 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 capabilities in support of our national research initiatives for advanced materials and biotechnology, as well as a broad range of research. Such action shall be consistent with the Basic Energy Sciences Advisory Committee’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 cooperative research and development agreements or other agreements entered into under existing law;
(B) for fees for user facilities, as determined 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) The Secretary shall support programs for improvements and upgrading of university research reactors and associated instrumentation and equipment. Within 1 year after October 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) The Secretary shall develop a method to evaluate the effectiveness of science and mathematics education programs provided by the Department of Energy and its laboratories, including specific evaluation criteria.
(3)
(A)
(i) The Director of the Office of Science shall operate an Experimental Program to Stimulate Competitive Research (in this paragraph referred to as “EPSCoR”) as part of the Department of Energy’s University and Science Education Programs.
(ii) The objectives of EPSCoR shall be—
(I) to enhance the competitiveness of the peer-review process within academic institutions in eligible States; and
(II) to increase the probability of long-term growth of competitive funding to investigators at institutions from eligible States.
(iii) In order to carry out the objectives stated in clause (ii), EPSCoR shall provide for activities which may include (but not be limited to) competitive research awards and graduate traineeships.
(iv) EPSCoR shall assist those States that—
(I) historically have received relatively little Federal research and development funding; and
(II) have demonstrated a commitment to develop their research bases and improve science and engineering research and education programs at their universities and colleges.
(B) For purposes of this paragraph, the term “eligible States” means States that received a Department-EPSCoR planning or traineeship grant in fiscal year 1991 or fiscal year 1992.
(C) No more than $5,000,000 of the funds appropriated to EPSCoR in any fiscal year, through fiscal year 1997, are authorized to be appropriated for graduate traineeships.
(c) Technology transfer
The Secretary shall support technology transfer activities conducted by the National Laboratories. 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 reduce the length of time required to consummate cooperative research and development agreements.
(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 facility modifications, and building new facilities at multiprogram energy laboratories.
(2) Facility plan
Within 1 year after October 24, 1992, the Secretary shall prepare and submit to the Congress a comprehensive plan for conducting future facility maintenance, making repairs, modifications, and new additions, and constructing new facilities at multiprogram energy laboratories. Such plan shall provide for facilities work in accordance with the following 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 structural, mechanical, electrical, and environmental deficiencies.
(B) Providing for the repair and rehabilitation of existing facilities to keep them in use and prevent deterioration.
(C) Providing engineering design and construction services for those facilities which require modification or additions in order to meet the needs of new or expanded programs.
Such plan shall include plans for new facilities and facility modifications which will be required to meet the Department of Energy’s changing missions of the twenty-first century, including schedules and estimates for implementation, and including a section outlining long-term funding requirements consistent with anticipated budgets and annual authorization of appropriations. Such plan shall address the coordination of modernization and consolidation of facilities in order to meet changing mission requirements, and shall provide for annual reports to Congress on accomplishments, conformance to schedules, commitments, and expenditures.
(e) Authorization of appropriations
There are authorized to be appropriated to the Secretary for Supporting Research and Technical Analysis, including Basic Energy Sciences, Energy Research Analysis, University and Science Education, Technology Transfer, Advisory and Oversight Program Direction, and Facilities Support for Multiprogram Energy Laboratories, $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.)
heading: Amendments
text: 1998—Subsec. (b)(3)(A)(i). Pub. L. 105–245 substituted “Office of Science” for “Office of Energy Research”.