SUBCHAPTER I—DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE
§18911. Basic energy sciences program
(a) to (c) Omitted
(d) Foundational nuclear science
(1) In general
The Director of the Office of Science shall support a program of research and development to bridge scientific barriers to, and expand theoretical and fundamental knowledge relevant to, understanding nuclear materials and matter for the benefit of commerce, medicine, and national security.
(2) Activities
As 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
Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary of Energy to carry out activities under this subsection $50,000,000 for each of fiscal years 2023 through 2027.
(e) Carbon Materials Science Initiative
(1) Initiative
(A) In general
The Director of the Office of Science (referred to in this subsection as the "Director") shall establish a research initiative, to be known as the "Carbon Materials Science Initiative" (referred to in this subsection as the "Initiative"), to expand the fundamental knowledge of coal, coal-wastes, and carbon ore chemistry useful for understanding the conversion of carbon to material products.
(B) Coordination
In carrying out programs and activities under the Initiative, the Director shall leverage expertise and resources from the Office of Fossil Energy and Carbon Management and the United States Geological Survey.
(C) Teams
(i) In general
In carrying out the Initiative, the Director shall establish and organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector.
(ii) Goals
The multidisciplinary teams described in clause (i) shall pursue expedient, milestone-driven research goals established by the Director.
(2) Research program
(A) In general
The Director shall carry out under the Initiative a program to support, and discover fundamental knowledge relevant to, carbon materials and carbon ore processing research.
(B) Activities
As 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
The Director shall periodically review activities carried out under the program described in subparagraph (A) to evaluate the achievement of scientific objectives and research milestones.
(D) Coordination with existing programs and centers
In 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
(ii) avoid duplication of efforts to the maximum extent practicable.
(3) Carbon Materials Research Centers
(A) In general
In 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) Selection
The 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
A Center shall receive support for a period of not more than 5 years beginning on the date of establishment of that Center, subject to the availability of appropriations.
(D) Renewal
On the expiration of any period of support of a Center, the Director may renew support for that Center, on a merit-reviewed basis, for a period of not more than 5 years.
(E) Existing facilities
The 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
The Secretary of Energy (referred to in this subsection as the "Secretary") shall establish a research initiative, to be known as the "Carbon Sequestration Research and Geologic Computational Science Initiative" (referred to in this subsection as the "Initiative"), to expand the fundamental knowledge, data collection, data analysis, and modeling of subsurface geology for the purpose of advancing carbon sequestration in geologic formations.
(B) Leveraging
In carrying out programs and activities under the Initiative, the Secretary shall leverage expertise and resources from the Office of Fossil Energy and Carbon Management and the United States Geological Survey.
(C) Teams
(i) In general
In carrying out the Initiative, the Secretary shall establish and organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the National Laboratories, institutions of higher education, and the private sector.
(ii) Goals
The multidisciplinary teams described in clause (i) shall pursue aggressive, milestone-driven research goals established by the Secretary.
(D) Additional activities
The Secretary may organize additional activities under this subsection through other organizational structures.
(2) Research program
(A) In general
The Secretary shall carry out under the Initiative a program to support research needed for, and discover knowledge relevant to, the sequestration of carbon in geologic formations.
(B) Activities
As 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
The Secretary shall periodically review activities carried out under the program described in subparagraph (A) to evaluate achievement of scientific objectives and research milestones.
(3) Carbon storage research and geologic computational science centers
(A) In general
In carrying out the activities authorized under paragraph (2), the Secretary shall select and establish not more than 2 carbon storage research and geologic computational science centers (referred to in this paragraph as a "Center") to develop and advance improvements to data collection, analysis, and modeling of subsurface geology for the purpose of advancing carbon sequestration in geologic formations.
(B) Selection
(i) In general
The 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
In selecting Centers under subparagraph (A), the Secretary shall consider applications from institutions of higher education, multi-institutional collaborations, and other appropriate entities.
(C) Duration
(i) New Centers
A Center established after August 9, 2022, shall receive support for a period of not more than 5 years beginning on the date of establishment of that Center, subject to the availability of appropriations.
(ii) Existing Centers
A Center already in existence on August 9, 2022, may continue to receive support for a period of not more than 5 years beginning on August 9, 2022.
(iii) Renewal
On expiration of a period of support described in clause (i) or (ii), the Secretary may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years.
(4) Coordination with existing programs and Centers
In carrying out this subsection, the Secretary shall—
(A) ensure coordination with—
(i) the United States Geological Survey; and
(ii) the programs established under
(B) avoid duplication of efforts to the maximum extent practicable.
(g) Funding for Carbon Initiatives
Of the funds authorized to be appropriated for basic energy sciences in a fiscal year, there is authorized to be appropriated to the Secretary to carry out activities under subsections (e) and (f) $50,000,000 for each of fiscal years 2023 through 2027.
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Editorial Notes
Codification
Section is comprised of section 10102 of div. B of
§18912. Research security
(a) Definitions
In this section:
(1) Country of risk
(A) In general
The term "country of risk" means a foreign country determined by the Secretary, in accordance with subparagraph (B), to present a risk of theft of United States intellectual property or a threat to the national security of the United States if nationals of the country, or entities owned or controlled by the country or nationals of the country, participate in any research, development, demonstration, or deployment activity authorized under this division or division A or an amendment made by this division or division A.
(B) Determination
In 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
The term "covered support" means any grant, contract, subcontract, award, loan, program, support, or other activity authorized under this division or division A, or an amendment made by this division or division A.
(3) Entity of concern
The 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 (
(B) identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (
(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 (
(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
The term "national" has the meaning given the term in
(5) Secretary
The term "Secretary" means the Secretary of Energy.
(b) Science and technology risk assessment
(1) In general
The Secretary shall develop and maintain tools and processes to manage and mitigate research security risks, such as a science and technology risk matrix, informed by threats identified by the Director of the Office of Intelligence and Counterintelligence, to facilitate determinations of the risk of loss of United States intellectual property or threat to the national security of the United States posed by activities carried out under any covered support.
(2) Content and implementation
In 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
The tools and processes developed under paragraph (1) shall be evaluated annually and updated as needed, with threat-informed input from the Office of Intelligence and Counterintelligence, to reflect changes in the risk designation under paragraph (2)(A) of research, development, demonstration, and deployment activities conducted by the Department.
(c) Entity of concern
(1) Prohibition
Except as provided in paragraph (2), no entity of concern, or individual that owns or controls, is owned or controlled by, or is under common ownership or control with an entity of concern, may receive, or perform work under, any covered support.
(2) Waiver of prohibition
(A) In general
The Secretary may waive the prohibition under paragraph (1) if determined by the Secretary to be in the national interest.
(B) Notification to Congress
Not less than 2 weeks prior to issuing a waiver under subparagraph (A), the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives of the intent to issue the waiver, including a justification for the waiver.
(3) Penalty
(A) Termination of support
On finding that any entity of concern or individual described in paragraph (1) has received covered support and has not received a waiver under paragraph (2), the Secretary shall terminate all covered support to that entity of concern or individual, as applicable.
(B) Penalties
An 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
Prior to imposing a penalty under subparagraph (B), the Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives of the intent to impose the penalty, including a description of and justification for the penalty.
(4) Coordination
The 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
This section shall be applied in a manner consistent with the obligations of the United States under international agreements.
(e) Report required
Not 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.
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Editorial Notes
References in Text
This division, referred to in subsec. (a)(1)(A), (2), is div. B of
Division A, referred to in subsec. (a)(1)(A), (2), is div. A of
Section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020, referred to in subsec. (a)(3)(D), is section 9(b)(3) of