---
kind: "section"
citation: "42 U.S.C. § 18912"
title: "42"
title_heading: "The Public Health and Welfare"
number: "18912"
heading: "Research security"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/18912"
units:
  - "Chapter 163 — Research and Development, Competition, and Innovation"
  - "Subchapter I — Department of Energy Science for the Future"
---

# §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](/usc/42/19291.md?p=8), in accordance with [subparagraph (B)](#a-1-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)](#a-1-A), the [Secretary](/usc/42/19291.md?p=8), in coordination with the [Director](/usc/42/19184.md?p=1) 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](/usc/42/19184.md?p=1) 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](/usc/42/19291.md?p=5), 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 ([50 U.S.C. 1701](/usc/50/1701.md) 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](/usc/10/113.md) note; Public Law 116–283);
    - (C) on the Entity List maintained by the Bureau of Industry and Security of the [Department](/usc/42/19291.md?p=2) 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](/usc/42/19291.md?p=8), in coordination with the [Director](/usc/42/19184.md?p=1) 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 [section 1101 of title 8](/usc/8/1101.md).
  - (5) **Secretary—** The term “[Secretary](/usc/42/19291.md?p=8)” means the [Secretary](/usc/42/19291.md?p=8) of Energy.
- (b) **Science and technology risk assessment—**
  - (1) **In general—** The [Secretary](/usc/42/19291.md?p=8) 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](/usc/42/19184.md?p=1) 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)](#b-1), the [Secretary](/usc/42/19291.md?p=8) 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](/usc/42/19291.md?p=2) of Energy to be responsible for tracking and notifying [recipients](/usc/42/18901.md?p=24) 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](/usc/42/18901.md?p=24) 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](/usc/42/18901.md?p=24) of covered support on the risks posed by entities of concern.
  - (3) **Annual updates—** The tools and processes developed under [paragraph (1)](#b-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)](#b-2-A) of research, development, demonstration, and deployment activities conducted by the [Department](/usc/42/19291.md?p=2).
- (c) **Entity of concern—**
  - (1) **Prohibition—** Except as provided in [paragraph (2)](#c-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](/usc/42/19291.md?p=8) may waive the prohibition under [paragraph (1)](#c-1) if determined by the [Secretary](/usc/42/19291.md?p=8) to be in the national interest.
    - (B) **Notification to Congress—** Not less than 2 weeks prior to issuing a waiver under [subparagraph (A)](#c-2-A), the [Secretary](/usc/42/19291.md?p=8) 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)](#c-1) has received covered support and has not received a waiver under [paragraph (2)](#c-2), the [Secretary](/usc/42/19291.md?p=8) 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)](#c-3-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](/usc/42/19291.md?p=8); or
      - (ii) instead of the penalty described in [clause (i)](#c-3-B-i), subject to any other penalties authorized under applicable law or regulations that the [Secretary](/usc/42/19291.md?p=8) determines to be in the national interest.
    - (C) **Notification to Congress—** Prior to imposing a penalty under [subparagraph (B)](#c-3-B), the [Secretary](/usc/42/19291.md?p=8) 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](/usc/42/19291.md?p=8) shall—
    - (A) share information about the unmanageable threats described in [subsection (a)(3)(E)](#a-3-E) with other Federal [agencies](/usc/42/8262.md?p=1); 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](/usc/42/19291.md?p=8) shall submit to Congress a report that—
  - (1) describes—
    - (A) the tools and processes developed under [subsection (b)(1)](#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](/usc/42/19291.md?p=2) of Energy; and
  - (3) defines critical research areas, designated by risk, as determined by the [Secretary](/usc/42/19291.md?p=8).

## Source credit

(Pub. L. 117–167, div. B, title I, § 10114, Aug. 9, 2022, 136 Stat. 1469.)

## Notes

### 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, 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.