usc:us:42:18644

text: §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).