Collapse to view only § 18912. Research security
§ 18911. Basic energy sciences program
(a) to (c) Omitted
(d) Foundational nuclear science
(1) In general
(2) ActivitiesAs part of the program described in paragraph (1)—
(A) the Director of the Office of Science shall support basic research to pursue distinct lines of scientific inquiry, including—
(i) research in nuclear materials science, including the application of advanced computing practices to foundational and emerging research areas in nuclear materials science and discovery, such as—(I) the advanced characterization of materials;(II) materials synthesis;(III) processing;(IV) the innovative use of experimental and theoretical data; and(V) mechanical behavior in unique environments, including the effects of radiation;
(ii) electrochemistry research and associated techniques for processing nuclear materials;
(iii) the development of advanced instrumentation and nuclear data collection to inform the activities described in clauses (i) and (ii); and
(iv) any other area of research, as determined by the Director of the Office of Science; and
(B) the Assistant Secretary for Nuclear Energy shall consult with the Director of the Office of Science to support the direction of translational research, development, and validation of physical concepts developed under the program.
(3) Funding
(e) Carbon Materials Science Initiative
(1) Initiative
(A) In general
(B) Coordination
(C) Teams
(i) In general
(ii) Goals
(2) Research program
(A) In general
(B) ActivitiesAs part of the program described in subparagraph (A), the Director shall, in coordination with the Assistant Secretary of Energy for Fossil Energy and Carbon Management, as appropriate, support research to pursue distinct lines of scientific inquiry, including—
(i) methods of extraction, processing, recycling, and utilization of the materials and valuable minerals contained in raw coal and coal-waste;
(ii) methods of improving performance, cost, and availability of materials for use in carbon capture systems; and
(iii) unconventional pathways and materials for conversion of carbon dioxide molecules, minerals, and materials.
(C) Review
(D) Coordination with existing programs and centersIn carrying out the program described in subparagraph (A), the Director shall—
(i) ensure coordination and knowledge sharing with—(I) the United States Geological Survey; and(II) the programs and the Carbon Utilization Research Center established under section 16298a of this title; and
(ii) avoid duplication of efforts to the maximum extent practicable.
(3) Carbon Materials Research Centers
(A) In generalIn carrying out the activities authorized under paragraph (2), the Director shall establish 1 center in each of the 2 major coal-producing regions of the United States, each of which shall—
(i) be known as a “Carbon Materials Research Center” (referred to in this paragraph as a “Center”); and
(ii) focus on early stage research and development activities, including—(I) developing and advancing methods of extracting, processing, or recycling carbon or other valuable materials or minerals from raw coal, coal-waste, or other solid carbon materials, for the development of new carbon-based materials;(II) methods of improving the structural, physical, and chemical properties of carbon-based materials or other valuable materials from raw coal, coal-waste, or other solid carbon materials and their recyclability;(III) overcoming the challenges and maximizing the benefits of commercially extracting, producing, or improving coal-derived carbon and resulting products; and(IV) identifying novel pathways and materials for carbon storage and conversion into useful products.
(B) SelectionThe Director shall—
(i) select Centers under subparagraph (A) on a competitive, merit-reviewed basis; and
(ii) consider applications from the National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.
(C) Duration
(D) Renewal
(E) Existing facilitiesThe Director shall—
(i) ensure that the research activities carried out by the Centers are not duplicative of existing efforts; and
(ii) if practicable, leverage existing user facilities and other capabilities of the Department of Energy to carry out the research objectives of the Centers.
(f) Carbon Sequestration Research and Geologic Computational Science Initiative
(1) Initiative
(A) In general
(B) Leveraging
(C) Teams
(i) In general
(ii) Goals
(D) Additional activities
(2) Research program
(A) In general
(B) ActivitiesAs part of the program described in subparagraph (A), the Director of the Office of Science shall support fundamental research to pursue distinct lines of scientific inquiry, including—
(i) gathering geologic data for pore space characterization, including improvements to geologic seismic imaging;
(ii) evaluating pore space quality, including evaluation of geologic samples, to determine appropriate sequestration zones for carbon;
(iii) testing carbon sequestration;
(iv) monitoring carbon migration in geologic formations;
(v) advancements in data analytics, including the analysis of seismic data, and computational science to improve the advanced computing, visualization, and imaging of geologic formations for the sequestration of carbon; and
(vi) predictive understanding of coupled processes in complex subsurface geologic systems for secure carbon storage.
(C) Review
(3) Carbon storage research and geologic computational science centers
(A) In general
(B) Selection
(i) In generalThe Secretary shall—(I) select Centers under subparagraph (A) on a competitive, merit-reviewed basis; and(II) to the maximum extent practicable, locate each Center in a geographically diverse region with established and ongoing geologic carbon sequestration research and demonstration.
(ii) Applications
(C) Duration
(i) New Centers
(ii) Existing Centers
(iii) Renewal
(4) Coordination with existing programs and CentersIn carrying out this subsection, the Secretary shall—
(A) ensure coordination with—
(i) the United States Geological Survey; and
(ii) the programs established under section 16293 of this title; and
(B) avoid duplication of efforts to the maximum extent practicable.
(g) Funding for Carbon Initiatives
(Pub. L. 117–167, div. B, title I, § 10102, Aug. 9, 2022, 136 Stat. 1409.)
§ 18912. Research security
(a) DefinitionsIn this section:
(1) Country of risk
(A) In general
(B) DeterminationIn making a determination under subparagraph (A), the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence, shall take into consideration—
(i) the most recent World Wide Threat Assessment of the United States Intelligence Community, prepared by the Director of National Intelligence; and
(ii) the most recent National Counterintelligence Strategy of the United States.
(2) Covered support
(3) Entity of concernThe term “entity of concern” means any entity, including a national, that is—
(A) identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note; Public Law 105–261);
(B) identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116–283);
(C) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations;
(D) included in the list required by section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116–145; 134 Stat. 656); or
(E) identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat—
(i) to the national security of the United States; or
(ii) of theft or loss of United States intellectual property.
(4) National
(5) Secretary
(b) Science and technology risk assessment
(1) In general
(2) Content and implementationIn developing and using the tools and processes developed under paragraph (1), the Secretary shall—
(A) deploy risk-based approaches to evaluating, awarding, and managing certain research, development, demonstration, and deployment activities, including designations that will indicate the relative risk of activities;
(B) assess, to the extent practicable, ongoing high-risk activities;
(C) designate an officer or employee of the Department of Energy to be responsible for tracking and notifying recipients of any covered support of unmanageable threats to United States national security or of theft or loss of United States intellectual property posed by an entity of concern;
(D) consider requiring recipients of covered support to implement additional research security mitigations for higher-risk activities if appropriate; and
(E) support the development of research security training for recipients of covered support on the risks posed by entities of concern.
(3) Annual updates
(c) Entity of concern
(1) Prohibition
(2) Waiver of prohibition
(A) In general
(B) Notification to Congress
(3) Penalty
(A) Termination of support
(B) PenaltiesAn entity of concern or individual identified under subparagraph (A) shall be—
(i) prohibited from receiving or participating in covered support for a period of not less than 1 year but not more than 10 years, as determined by the Secretary; or
(ii) instead of the penalty described in clause (i), subject to any other penalties authorized under applicable law or regulations that the Secretary determines to be in the national interest.
(C) Notification to Congress
(4) CoordinationThe Secretary shall—
(A) share information about the unmanageable threats described in subsection (a)(3)(E) with other Federal agencies; and
(B) develop consistent approaches to identifying entities of concern.
(d) International agreements
(e) Report requiredNot later than 240 days after August 9, 2022, the Secretary shall submit to Congress a report that—
(1) describes—
(A) the tools and processes developed under subsection (b)(1) and any updates to those tools and processes; and
(B) if applicable, the science and technology risk matrix developed under that subsection and how that matrix has been applied;
(2) includes a mitigation plan for managing risks posed by countries of risk with respect to future or ongoing research and development activities of the Department of Energy; and
(3) defines critical research areas, designated by risk, as determined by the Secretary.
(Pub. L. 117–167, div. B, title I, § 10114, Aug. 9, 2022, 136 Stat. 1469.)