Title 42, The Public Health and WelfareRelease 119-110

§18643 High-energy Physics

Title 42 › CHAPTER 161 — DEPARTMENT OF ENERGY RESEARCH AND INNOVATION › SUBCHAPTER III — DEPARTMENT OF ENERGY OFFICE OF SCIENCE POLICY › § 18643

Last updated Sep 23, 2026|Official source

Summary

The Director must run a U.S. research program in elementary particle physics and advanced technology R&D to study the basic parts of matter, energy, space, and time, using high-energy accelerators and advanced detectors, including national user facilities. Congress wants the Director to use the recommendations of the Particle Physics Project Prioritization Panel report “Building for Discovery” in planning and notes that countries hosting international teams attract top talent. The Director must work to give U.S. researchers access to the world’s best accelerators (including the Large Hadron Collider), keep building international partnerships (especially for the Long‑Baseline Neutrino Facility and the Deep Underground Neutrino Experiment), study rare neutrino decays, and research dark matter and dark energy with NASA, NSF, and international partners. The program may build space, land, water, and underground experiments as needed. The Secretary must support building key projects recommended by the P5 report, including an international Long‑Baseline Neutrino Facility (LBNF), the Proton Improvement Plan II (PIP‑II), second‑generation dark matter experiments, the Legacy Survey of Space and Time camera, LHC upgrades, Cosmic Microwave Background Stage 4 (CMB‑S4), and other high‑priority P5 projects. LBNF must include a wideband neutrino beam of 1.2 megawatts upgradable to 2.4 megawatts, three caverns for a 70 kiloton fiducial detector mass, and cryogenic systems; full operations must start before December 31, 2031, subject to funding. LBNF construction funding authorized: $180,000,000 for FY2023; $255,000,000 for FY2024; $305,000,000 for FY2025; $305,000,000 for FY2026; $305,000,000 for FY2027. PIP‑II must include an 800 megaelectron volt superconducting linac, proton beam power 1.2 MW upgradeable to 2.4 MW, flexible multi‑user delivery, and reliable operation; full operations must start before December 31, 2028, subject to funding. PIP‑II construction funding authorized: $130,000,000 for FY2023; $120,000,000 for FY2024; $120,000,000 for FY2025; $115,000,000 for FY2026; $110,000,000 for FY2027. CMB‑S4 must deploy at least 500,000 superconducting detectors on millimeter‑wave telescopes and start full operations before December 31, 2030, subject to funding. CMB‑S4 construction funding authorized: $10,000,000 for FY2023; $25,000,000 for FY2024; $60,000,000 for FY2025; $80,000,000 for FY2026; $80,000,000 for FY2027. The Director must upgrade accelerators and detectors to raise beam power, reliability, and measurement precision, and must carry out R&D in beam physics, accelerator technology, and particle/radiation detection in coordination with the Accelerator R&D program. The Director must also support an underground science program, run competitive grants for universities, nonprofits, and national labs, and report to the Senate Committee on Energy and Natural Resources and the House Committee on Science, Space, and Technology on U.S. underground mines suitable for future science development and related challenges. Overall funding authorized to carry out these activities: $1,159,520,000 for FY2023; $1,289,891,200 for FY2024; $1,428,284,672 for FY2025; $1,499,881,752 for FY2026; $1,554,874,657 for FY2027.

Full Legal Text

Title 42, §18643

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Sense of Congress
It is the sense of Congress that—
(1)the Director should incorporate the findings and recommendations of the report of the Particle Physics Project Prioritization Panel entitled “Building for Discovery: Strategic Plan for U.S. Particle Physics in the Global Context” into the planning process of the Department; and
(2)the nations that lead in particle physics by hosting international teams dedicated to a common scientific goal attract the world’s best talent and inspire future generations of physicists and technologists.
(b)Program
As part of the activities authorized under section 7139 of this title, the Director shall carry out a research program in elementary particle physics and advanced technology research and development to improve the understanding of the fundamental properties of the universe, including constituents of matter and energy and the nature of space and time.
(c)High energy frontier research
As part of the program described in subsection (b), the Director shall carry out research using high energy accelerators and advanced detectors, including accelerators and detectors that will function as national user facilities, to create and study interactions of elementary particles and investigate fundamental forces.
(d)International collaboration
The Director shall—
(1)as practicable and in coordination with other appropriate Federal agencies as necessary, ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider;
(2)to the maximum extent practicable, continue to leverage United States participation in the Large Hadron Collider, and prioritize expanding international partnerships and investments in the Long-Baseline Neutrino Facility and Deep Underground Neutrino Experiment; and
(3)to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international facilities that would provide access to the most advanced accelerator facilities in the world to United States researchers.
(e)Neutrino research
The Director shall carry out research activities on rare decay processes and the nature of the neutrino, which may include collaborations with the National Science Foundation or international collaborations.
(f)Cosmic frontier research
The Director shall carry out research activities on the nature of the primary contents of the universe, including the nature of dark energy and dark matter. These activities shall, to the maximum extent practicable, be consistent with the research priorities identified by the High Energy Physics Advisory Panel or the National Academy of Sciences, and may include—
(1)collaborations with the National Aeronautics and Space Administration, the National Science Foundation, or international partners on relevant projects; and
(2)the development of space-based, land-based, water-based, and underground facilities and experiments.
(g)Facility construction and major items of equipment
(1)Projects
Consistent with the Office of Science’s project management practices, the Director shall, to the maximum extent practicable, by incorporating the findings and recommendations of the 2014 Particle Physics Project Prioritization Panel (P5) report entitled “Building for Discovery”, support construction or fabrication of— (A)
(B)the Proton Improvement Plan II;
(C)Second Generation Dark Matter experiments;
(D)the Legacy Survey of Space and Time camera;
(E)upgrades to detectors and other components of the Large Hadron Collider; and
(F)the Cosmic Microwave Background Stage 4 project; and
(G)other high priority projects recommended in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel.
(2)Long-Baseline Neutrino Facility
(A)In general
The Secretary shall support construction of a Long-Baseline Neutrino Facility to facilitate the international Deep Underground Neutrino Experiment to examine the fundamental properties of neutrinos, explore physics beyond the Standard Model, and better clarify the existence and nature of antimatter.
(B)Facility capabilities
The Secretary shall ensure that the facility described in subparagraph (A) will provide, at a minimum, the following capabilities:
(i)A neutrino beam with wideband capability of 1.2 megawatts of beam power and upgradable to 2.4 megawatts of beam power.
(ii)3 caverns excavated for a 70 kiloton fiducial detector mass and supporting surface buildings and utilities.
(iii)Cryogenic systems to support neutrino detectors.
(C)Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2031.
(D)Funding
Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the project described in subparagraph (A)—
(i)$180,000,000 for fiscal year 2023;
(ii)$255,000,000 for fiscal year 2024;
(iii)$305,000,000 for fiscal year 2025;
(iv)$305,000,000 for fiscal year 2026; and
(v)$305,000,000 for fiscal year 2027.
(3)Proton Improvement Plan–II accelerator upgrade project
(A)In general
The Secretary shall support construction of the Proton Improvement Plan II, an upgrade to the Fermilab accelerator complex identified in the 2014 Particle Physics Project Prioritization Panel (P5) report entitled “Building for Discovery”, to provide the world’s most intense beam of neutrinos to the international Long Baseline Neutrino Facility and to carry out a broad range of future high energy physics experiments. The Secretary shall work with international partners to enable further significant contributions to the capabilities of that project.
(B)Facility capabilities
The Secretary shall ensure that the facility described in subparagraph (A) will provide, at a minimum, the following capabilities:
(i)A state-of-the-art 800 megaelectron volt superconducting linear accelerator.
(ii)Proton beam power of 1.2 megawatts at the start of LBNF/DUNE, upgradeable to 2.4 megawatts of beam power.
(iii)A flexible design to enable high power beam delivery to multiple users simultaneously and customized beams tailored to specific scientific needs.
(iv)Sustained high reliability operation of the Fermilab accelerator complex.
(C)Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2028.
(D)Funding
Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility described in subparagraph (A)—
(i)$130,000,000 for fiscal year 2023;
(ii)$120,000,000 for fiscal year 2024;
(iii)$120,000,000 for fiscal year 2025;
(iv)$115,000,000 for fiscal year 2026; and
(v)$110,000,000 for fiscal year 2027.
(4)Cosmic Microwave Background Stage 4
(A)In general
The Secretary, in partnership with the Director of the National Science Foundation, shall support construction of the Cosmic Microwave Background Stage 4 project to survey the cosmic microwave background to test theories of cosmic inflation as described in the 2014 Particle Physics Prioritization Panel (P5) report entitled “Building for Discovery: Strategic Plan for U.S. Particle Physics in the Global Context.”.
(B)Consultation
The Secretary shall consult with the private sector, institutions of higher education, National Laboratories, and relevant Federal agencies to ensure that the project described in subparagraph (A) is capable of meeting Federal research needs in accessing the ultra-high energy physics of inflation and important neutrino properties.
(C)Experimental capabilities
The Secretary shall ensure to the maximum extent practicable that the facility described in subparagraph (A) will provide, at a minimum, 500,000 superconducting detectors deployed on an array of millimeter-wave telescopes with the required range in frequency, sensitivity, and survey speed that will provide sufficient capability to enable an order of magnitude advance in observations of the Cosmic Microwave Background, delivering transformative discoveries in fundamental physics, cosmology, and astrophysics.
(D)Start of operations
The Secretary shall, subject to the availability of appropriations, ensure that the start of full operations of the facility described in subparagraph (A) occurs before December 31, 2030.
(E)Funding
Out of funds authorized to be appropriated under subsection (k), there are authorized to be appropriated to the Secretary to carry out construction of the facility described in subparagraph (A)—
(i)$10,000,000 for fiscal year 2023;
(ii)$25,000,000 for fiscal year 2024;
(iii)$60,000,000 for fiscal year 2025;
(iv)$80,000,000 for fiscal year 2026; and
(v)$80,000,000 for fiscal year 2027.
(h)Accelerator and detector upgrades
The Director shall upgrade accelerator facilities and detectors, as necessary and appropriate, to increase beam power, sustain high reliability, and improve precision measurement to advance the highest priority particle physics research programs. In carrying out facility upgrades, the Director shall continue to work with international partners, when appropriate and in the United States’ interest, to leverage investments and expertise in critical technologies to help build and upgrade accelerator and detector facilities in the United States.
(i)Accelerator and detector research and development
As part of the program described in subsection (b), the Director shall carry out research and development in particle beam physics, accelerator science and technology, and particle and radiation detection with relevance to the specific needs of the High Energy Physics program, in coordination with the Accelerator Research and Development program authorized under section 18648 of this title.
(j)Underground science
The Director shall—
(1)support an underground science program consistent with the missions of the Department and the scientific needs of the High Energy Physics program, including those articulated in the most recent report of the Particle Physics Project Prioritization Panel of the High Energy Physics Advisory Panel, that leverages the capabilities of relevant underground science and engineering facilities;
(2)carry out a competitive grant program to award scientists and engineers at institutions of higher education, nonprofit institutions, and National Laboratories to conduct research in underground science and engineering; and
(3)submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the inventory of underground mines in the United States that may be suitable for future development of underground science and engineering facilities and any anticipated challenges associated with repurposing, repair, facility siting, or construction.
(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)
(2)$1,289,891,200 for fiscal year 2024;
(3)$1,428,284,672 for fiscal year 2025;
(4)$1,499,881,752 for fiscal year 2026; and
(5)$1,554,874,657 for fiscal year 2027.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsecs. (b), (c). Pub. L. 117–167, § 10106(a)(2), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (d) and (e), respectively. Subsec. (d). Pub. L. 117–167, § 10106(a)(1), (b), redesignated subsec. (b) as (d), struck it out, and added a new subsec. (d). Prior to amendment, text read as follows: “The Director, as practicable and in coordination with other appropriate Federal agencies as necessary, shall ensure the access of United States researchers to the most advanced accelerator facilities and research capabilities in the world, including the Large Hadron Collider.” Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 117–167, § 10106(a)(1), redesignated subsec. (c) as (e). Subsec. (f). Pub. L. 117–167, § 10106(a)(1), (c), redesignated subsec. (d) as (f), struck it out, and added a new subsec. (f). Prior to amendment, text read as follows: “The Director shall carry out research activities on the nature of dark energy and dark matter, which may include collaborations with the National Aeronautics and Space Administration or the National Science Foundation; or international collaborations.” Subsecs. (g) to (k). Pub. L. 117–167, § 10106(d), added subsecs. (g) to (k).

Reference

Citations & Metadata

Citation

42 U.S.C. § 18643

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110