42 U.S.C. § 18912 — Research security

Page 9258 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18912 lished and ongoing geologic carbon se- questration research and demonstration. (ii) Applications In selecting Centers under subparagraph (A), the Secretary shall consider applica- tions from institutions of higher edu- cation, 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 begin- ning on August 9, 2022. (iii) Renewal On expiration of a period of support de- scribed 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 Sec- retary shall— (A) ensure coordination with— (i) the United States Geological Survey; and (ii) the programs established under sec- tion 16293 of this title; and (B) avoid duplication of efforts to the max- imum 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. (Pub. L. 117–167, div. B, title I, § 10102, Aug. 9, 2022, 136 Stat. 1409.) Editorial Notes CODIFICATION Section is comprised of section 10102 of div. B of Pub. L. 117–167. Subsecs. (a), (b), and (c) of section 10102 of div. B of Pub. L. 117–167 amended sections 18641, 16313, and 16315 of this title, respectively. § 18912. Research security (a) Definitions In this section: (1) Country of risk (A) In general The term ‘‘country of risk’’ means a for- eign country determined by the Secretary, in accordance with subparagraph (B), to present a risk of theft of United States intel- lectual 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 au- thorized under this division or division A or an amendment made by this division or divi- sion A. (B) Determination In making a determination under subpara- graph (A), the Secretary, in coordination with the Director of the Office of Intel- ligence and Counterintelligence, shall take into consideration— (i) the most recent World Wide Threat Assessment of the United States Intel- ligence Community, prepared by the Direc- tor of National Intelligence; and (ii) the most recent National Counter- intelligence Strategy of the United States. (2) Covered support The term ‘‘covered support’’ means any grant, contract, subcontract, award, loan, pro- gram, support, or other activity authorized under this division or division A, or an amend- ment made by this division or division A. (3) Entity of concern The term ‘‘entity of concern’’ means any en- tity, including a national, that is— (A) identified under section 1237(b) of the Strom Thurmond National Defense Author- ization 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 De- fense 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 De- partment of Commerce and set forth in Sup- plement 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 coordi- nation with the Director of the Office of In- telligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an un- manageable threat— (i) to the national security of the United States; or (ii) of theft or loss of United States in- tellectual property. (4) National The term ‘‘national’’ has the meaning given the term in section 1101 of title 8. (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 Page 9259 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18912 technology risk matrix, informed by threats identified by the Director of the Office of In- telligence and Counterintelligence, to facili- tate 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 cov- ered support. (2) Content and implementation In developing and using the tools and proc- esses developed under paragraph (1), the Sec- retary shall— (A) deploy risk-based approaches to evalu- ating, awarding, and managing certain re- search, development, demonstration, and de- ployment activities, including designations that will indicate the relative risk of activi- ties; (B) assess, to the extent practicable, ongo- ing high-risk activities; (C) designate an officer or employee of the Department of Energy to be responsible for tracking and notifying recipients of any cov- ered support of unmanageable threats to United States national security or of theft or loss of United States intellectual prop- erty posed by an entity of concern; (D) consider requiring recipients of cov- ered support to implement additional re- search 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 con- cern. (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 Counter- intelligence, to reflect changes in the risk des- ignation 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 enti- ty of concern, or individual that owns or con- trols, 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 Sec- retary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Tech- nology 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 re- ceived 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 applica- ble. (B) Penalties An entity of concern or individual identi- fied under subparagraph (A) shall be— (i) prohibited from receiving or partici- pating 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 regula- tions that the Secretary determines to be in the national interest. (C) Notification to Congress Prior to imposing a penalty under subpara- graph (B), the Secretary shall notify the Committee on Energy and Natural Re- sources 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 unman- ageable threats described in subsection (a)(3)(E) with other Federal agencies; and (B) develop consistent approaches to iden- tifying entities of concern. (d) International agreements This section shall be applied in a manner con- sistent 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 tech- nology risk matrix developed under that subsection and how that matrix has been ap- plied; (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.) Editorial Notes REFERENCES IN TEXT This division, referred to in subsec. (a)(1)(A), (2), is div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1399, Page 9260 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18921 which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of div. B to the Code, see Short Title note set out under section 18901 of this title and Tables. Division A, referred to in subsec. (a)(1)(A), (2), is div. A of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1372, known as the CHIPS Act of 2022. For complete classification of div. A to the Code, see Short Title of 2022 Amendment note set out under section 4651 of Title 15, Commerce and Trade, and Tables. 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 Pub. L. 116–145, June 17, 2020, 134 Stat. 656, which is not classified to the Code. SUBCHAPTER II—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOR THE FUTURE § 18921. Definitions In this subchapter: (1) Director The term ‘‘Director’’ means the Director of the National Institute of Standards and Tech- nology. (2) Enrollment of needy students The term ‘‘enrollment of needy students’’ has the meaning given the term in section 1058(d) of title 20. (3) Framework The term ‘‘Framework’’ means the Frame- work for Improving Critical Infrastructure Cybersecurity developed by the National Insti- tute of Standards and Technology and referred to in Executive Order No. 13800 issued on May 11, 2017 (82 Fed. Reg. 22391 et seq.). (4) Institute The term ‘‘Institute’’ means the National In- stitute of Standards and Technology. (5) International standards organization The term ‘‘international standards organiza- tion’’ has the meaning given such term in sec- tion 2571 of title 19. (6) Secretary The term ‘‘Secretary’’ means the Secretary of Commerce. (Pub. L. 117–167, div. B, title II, § 10201, Aug. 9, 2022, 136 Stat. 1471.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13800, referred to in par. (3), is set out as a note preceding section 1500 of Title 6, Do- mestic Security. PART A—MEASUREMENT RESEARCH § 18931. Engineering biology and biometrology (a) In general The Director, in coordination with the Na- tional Engineering Biology Research and Devel- opment Initiative established pursuant to sub- chapter IV, shall— (1) support basic measurement science and technology research for engineering biology, biomanufacturing, and biometrology to ad- vance— (A) measurement technologies to support foundational understanding of the mecha- nisms of conversion of DNA information into cellular function; (B) technologies for measurement of such biomolecular components and related sys- tems; (C) new data tools, techniques, and proc- esses to improve engineering biology, bio- manufacturing, and biometrology research; and (D) other areas of measurement science and technology research determined by the Director to be critical to the development and deployment of engineering biology, bio- manufacturing and biometrology; (2) support activities to inform and expand the development of measurements infrastruc- ture needed to develop technical standards to establish interoperability and facilitate com- mercial development of biomolecular measure- ment technology and engineering biology ap- plications; (3) convene industry, institutions of higher education, nonprofit organizations, Federal laboratories, and other Federal agencies en- gaged in engineering biology research and de- velopment to develop coordinated technical roadmaps for authoritative measurement of the molecular components of the cell; (4) provide access to user facilities with ad- vanced or unique equipment, services, mate- rials, and other resources to industry, institu- tions of higher education, nonprofit organiza- tions, and government agencies to perform re- search and testing; (5) establish or expand collaborative partner- ships or consortia with other Federal agencies engaged in engineering biology research and development, institutions of higher education, Federal laboratories, and industry to advance engineering biology applications; and (6) support graduate and postgraduate re- search and training in biometrology, biomanu- facturing, and engineering biology. (b) Rule of construction Nothing in this section may be construed to alter the policies, processes, or practices of indi- vidual Federal agencies in effect on the day be- fore August 9, 2022, relating to the conduct or support of biomedical research and advanced de- velopment, including the solicitation and review of extramural research proposals. (c) Controls In carrying out activities authorized by this section, the Secretary shall ensure proper secu- rity controls are in place to protect sensitive in- formation, as appropriate. (Pub. L. 117–167, div. B, title II, § 10221, Aug. 9, 2022, 136 Stat. 1474.) § 18932. Greenhouse gas measurement research (a) In general The Director, in consultation with the Admin- istrator of the National Oceanic and Atmos- pheric Administration, the Administrator of the Environmental Protection Agency, the National Aeronautics and Space Administration, the Di-