§19291. Definitions — Inbound Citations
42 U.S.C. § 19291
Cited by 337 provisions in release 119-102.
Citations to §19291(1)
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(1) means any entity that is designed to accelerate the commercial application of clean energy technologies by providing—(A) physical workspace, labs, and prototyping facilities to support clean energy startups or established clean energy companies; or(B) companies developing such technologies with support, resources, and services, including—(i) access to business education and counseling;(ii) mentorship opportunities; and(iii) other services rendered for the purpose of aiding the development and commercial application of a clean energy technology; and
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(iii) other services rendered for the purpose of aiding the development and commercial application of a clean energy technology; and
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(b) The Secretary shall establish a program, known as the “Clean Energy Technology University Prize”, to award funding for eligible entities to carry out regional and one national clean energy technology prize competitions, under section 3719 of title 15. In carrying out such prize competitions, students shall compete to develop a business model for furthering the commercial application of an innovative clean energy technology.
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(c) In carrying out this program, the Secretary may provide funding to train participating students in skills needed for the successful commercial application of clean energy technologies, including through virtual training sessions.
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(e) In carrying out this program, the Secretary shall coordinate and partner with other clean energy technology prize competitions. In doing so, the Secretary may develop and disseminate best practices for administering prize competitions under this section.
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(a) The Secretary, acting through the Chief Commercialization Officer established in section 16391(a) of this title, shall support the coordination of relevant technology transfer programs that advance the commercial application of clean energy technologies nationally and across all energy sectors. In particular, the Secretary may support activities to—(1) facilitate the sharing of information on best practices for successful operation of clean energy technology transfer programs;(2) coordinate resources and improve cooperation among clean energy technology transfer programs;(3) facilitate connections between entrepreneurs and start-up companies and the variety of programs related to clean energy technology transfer under the Department; and(4) facilitate the development of metrics to measure the impact of clean energy technology transfer programs on—(A) advancing the development, demonstration, and commercial application of clean energy technologies;(B) increasing the competitiveness of United States in the clean energy sector, including in manufacturing; and(C) commercial application of clean energy technologies being developed by entrepreneurs from under-represented backgrounds.
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(1) facilitate the sharing of information on best practices for successful operation of clean energy technology transfer programs;
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(2) coordinate resources and improve cooperation among clean energy technology transfer programs;
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(3) facilitate connections between entrepreneurs and start-up companies and the variety of programs related to clean energy technology transfer under the Department; and
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(4) facilitate the development of metrics to measure the impact of clean energy technology transfer programs on—(A) advancing the development, demonstration, and commercial application of clean energy technologies;(B) increasing the competitiveness of United States in the clean energy sector, including in manufacturing; and(C) commercial application of clean energy technologies being developed by entrepreneurs from under-represented backgrounds.
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(A) advancing the development, demonstration, and commercial application of clean energy technologies;
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(C) commercial application of clean energy technologies being developed by entrepreneurs from under-represented backgrounds.
Citations to §19291(2)
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(ii) if practicable, leverage existing user facilities and other capabilities of the Department of Energy to carry out the research objectives of the Centers.
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(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;
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(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;
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(3) 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.
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(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
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(c) In coordination with the private sector, institutions of higher education, State and local governments, the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, the Department of Energy, and other Federal agencies, as appropriate, the Director may continue to develop and manage testbeds to advance research and standards development for greenhouse gas emissions measurements from in situ and space-based platforms.
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(3) The Director shall carry out this section in coordination with appropriate Federal agencies, including the Departments of Homeland Security, Education, and Labor.
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(B) other Federal departments and agencies,
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(e) The Secretary shall seek advice from the United States Manufacturing Council of the International Trade Administration of the Department of Commerce on matters concerning investment in and support of the manufacturing workforce within the Manufacturing USA Program.
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(4) make recommendations to the Foundation, the Department of Education, the National Science and Technology Council’s Committee on Science, Technology, Engineering, and Mathematics Education, State and local educational agencies, and other relevant stakeholders on measures to address such barriers.
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(1) collaborate with the National Institute of Standards and Technology, including the National Initiative for Cybersecurity Education, the Department of Homeland Security, the Department of Defense, the Office of Personnel Management, and other Federal departments and agencies, as appropriate;
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(4) engage with other Federal departments and agencies, research communities, and potential users of information produced under this subsection.
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(v) leveraging the Partnerships for Innovation program, as well as the Foundation coordination role in the Department of Commerce technology and innovation hub program under section 3722a of title 15 as added by section 10621, to build sustainable innovation ecosystems in EPSCoR jurisdictions.
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(1) Notwithstanding any other provision of this section, this section shall not apply to an institution of higher education if that institution has fulfilled the requirements for a waiver from the Department of Defense as described under section 1062 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).
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(7) coordinate with the scientific publishing community and the heads of other relevant Federal departments and agencies to support the development of voluntary consensus standards around data archiving and sharing.
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(b) In implementing this section, the Director shall coordinate with the Coast Guard, the Department of Defense, the National Oceanic and Atmospheric Administration, and other Federal agencies, including those established under the Commercial Engagement Through Ocean Technology Act of 2018 (Public Law 115–394) [33 U.S.C. 4101 et seq.].
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(b) In making awards under this subsection, the Director shall, for purposes of avoiding duplication of activities and research, consult, collaborate, and coordinate with the heads of other relevant Federal departments and agencies, including the Department of Health and Human Services.
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(A) The Director, in consultation with the Director of the National Institute of Standards and Technology and the Secretary of Energy, and the heads of other relevant Federal departments and agencies, shall establish a pilot program to make awards to ensure the security of federally supported research data and to assist regional institutions of higher education and their researchers in compliance with regulations regarding the safeguarding of sensitive information and other relevant regulations and Federal guidelines.
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(i) In making awards under this section, the Director may collaborate with Federal departments and agencies whose missions contribute to or are affected by the technology focus area of the institute.
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(e) In carrying out the program under this section, the Director shall explore opportunities to partner with the Department of Education, including through jointly funding activities under this section.
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(4) Ensuring, through the agencies and departments that participate in the Initiative, that public input and outreach are integrated into the Initiative by the convening of regular and ongoing public discussions through mechanisms such as workshops, consensus conferences, and educational events, as appropriate.
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(2) The Director of the Office of Science and Technology Policy, in coordination with each participating Federal department and agency, as appropriate, shall develop and annually update an estimate of the funds necessary to carry out the activities of the Initiative Coordination Office and submit such estimate with an agreed summary of contributions from each agency to Congress as part of the President’s annual budget request to Congress.
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(h) As part of the Initiative, the Secretary of Health and Human Services, as appropriate and consistent with activities of the Department of Health and Human Services in effect on the day before August 9, 2022, shall carry out the following:(1) Support research and development to advance the understanding and application of engineering biology for human health.(2) Support relevant interdisciplinary research and coordination.(3) Support activities necessary to facilitate oversight of relevant emerging biotechnologies.
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(A) conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying and addressing any cultural or institutional barriers to the recruitment, retention, or advancement of groups historically underrepresented in STEM studies and careers; and
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(v) collaborating with existing community partners and networks, such as the Cooperative Extension System services and extramural research programs of the Department of Agriculture and youth serving organizations like 4-H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming;
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(e) In carrying out the program under this section, the Secretary shall consult with the Federal Communications Commission and the heads of relevant departments and agencies of the Federal Government.
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(3) The National Science and Technology Council may secure directly from a Federal department or agency such information as the National Science and Technology Council considers necessary to prepare the report required under paragraph (1). Upon a request from the National Science and Technology Council, the head of a Federal department or agency shall furnish such information as is requested to the National Science and Technology Council.
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(a) The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish or designate an interagency working group for the purpose of coordinating Federal research agency efforts to reduce the prevalence of sex-based and sexual harassment involving award personnel. In coordination with the working group on inclusion in STEM fields established under section 6626 of this title and the Safe Inclusive Research Environments Subcommittee of the National Science and Technology Council, and in consultation with representatives from each Federal research agency, the Office for Civil Rights at the Department of Health and Human Services, the Office for Civil Rights at the Department of Education, and the Equal Employment Opportunity Commission, the working group shall—(1) not later than 90 days after August 9, 2022, submit to the Committee on Science, Space, and Technology, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate an inventory of Federal research agency policies, procedures, and resources dedicated to preventing and responding to reports of sex-based and sexual harassment;(2) not later than 6 months after the date on which the inventory is submitted under paragraph (1)—(A) in consultation with outside stakeholders, develop a consistent set of policy guidelines for Federal research agencies; and(B) submit a report to the committees referred to in paragraph (1) containing such guidelines;(3) encourage and monitor efforts of Federal research agencies to develop or maintain and implement policies based on the guidelines developed under paragraph (2);(4) not later than 1 year after the date on which the inventory under paragraph (1) is submitted, and every 5 years thereafter, the Director of the Office of Science and Technology Policy shall report to Congress on the implementation by Federal research agencies of the policy guidelines developed under paragraph (2); and(5) update such policy guidelines as needed.
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(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);
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(A) identify potential applications of distributed ledger technologies, including those that could benefit activities at the Department of Commerce or at other Federal agencies, considering applications that could—(i) improve the privacy and interoperability of digital identity and access management solutions;(ii) increase the integrity and transparency of supply chains through the secure and limited sharing of relevant supplier information;(iii) facilitate broader participation in distributed ledger technologies of populations historically underrepresented in technology, business, and financial sectors; or(iv) be of benefit to the public or private sectors, as determined by the Director in consultation with relevant stakeholders;
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(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list);
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(2) The activities of the Department of Commerce under this division, including regional technology hubs under section 3722a of title 15, as added by section 10621, the Manufacturing USA Program established under section 278s(b)(1) of title 15, and the Hollings Manufacturing Extension Partnership (15 U.S.C. 278k).
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(3) The activities of the Department of Energy in the key technology focus areas, including at the national laboratories, and at Federal laboratories, as defined in section 3703 of title 15, and facilities and user facilities operated in partnership with such national laboratories or the Department of Energy.
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(2) The term “Department” means the Department of Energy.
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(i) to support the mission of the Department; and
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(I) No employee of the Department shall be appointed as a member of the Board of Directors.
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(A) to support the Department in carrying out the mission of the Department to ensure the security and prosperity of the United States by addressing energy and environmental challenges through transformative science and technology solutions; and
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(II) that complement the use of prize authority by the Department;
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(vii) facilitating access to Department facilities, equipment, and expertise to assist in tackling national challenges.
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(i) The Foundation may award fellowships and grants for activities relating to research, development, demonstration, maturation, or commercialization of energy and other Department-supported technologies.
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(C) The Foundation may work with the Department—(i) to leverage the capabilities and facilities of National Laboratories to commercialize technology; and(ii) to assist with resources, including by providing information on the assets of each National Laboratory that may enable the deployment and commercialization of technology.
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(D) The Foundation may support programs that provide training to researchers, scientists, other relevant personnel at National Laboratories and institutions of higher education, and previous or current recipients of or applicants for Department funding to help research, develop, demonstrate, deploy, and commercialize federally funded technology.
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(F) The Foundation shall convene, and may consult with, representatives from the Department, institutions of higher education, National Laboratories, the private sector, and commercialization organizations to develop programs for the purposes of the Foundation described in paragraph (3) and to advance the activities of the Foundation.
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(iii) for writing, editing, printing, publishing, and vending books and other materials relating to research carried out under the Foundation and the Department; and
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(vi) a description of the efforts undertaken by the Foundation to ensure maximum complementarity and minimum redundancy with investments made by the Department.
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(ii) provides a specific accounting of the source and use of all funds made available to the Foundation to carry out those activities to ensure transparency in the alignment of Department missions and policies with national security;
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(A) The Secretary shall collaborate with the Foundation to develop a process to ensure collaboration and coordination between the Department, the Foundation, and National Laboratories—(i) to streamline contracting processes between National Laboratories and the Foundation, including by—(I) streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories;(II) standardizing contract mechanisms to be used by the Foundation in engaging with National Laboratories; and(III) streamlining the ability of the Foundation to fund endowed positions at National Laboratories;(ii) to allow a National Laboratory or site of a National Laboratory—(I) to accept and perform work for the Foundation, consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the National Laboratory or site, as applicable; and(II) to perform that work on a basis equal to other missions at the National Laboratory; and(iii) to permit the director of any National Laboratory or site of a National Laboratory to enter into a cooperative research and development agreement or negotiate a licensing agreement with the Foundation pursuant to section 3710a of title 15.
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(B) The Secretary shall appoint liaisons from across the Department to collaborate and coordinate with the Foundation, including not less than 1 liaison from the Office of Technology Transitions, who shall ensure that the Foundation works in conjunction with and does not duplicate existing activities and programs carried out by the Department, including the Technology Commercialization Fund of the Department.
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(7) Nothing in this subsection exempts the Foundation from any national security policy of the Department.
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(8) The Secretary may provide facilities, utilities, and support services to the Foundation if it is determined by the Secretary to be advantageous to the research programs of the Department.
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(10) The Foundation may transfer funds to the Department, which shall be subject to all applicable Federal limitations relating to federally funded research.
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(C) Funds made available under subparagraph (A)(ii) shall be required to be cost-shared by a partner of the Foundation other than the Department or a National Laboratory.
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(ii) that complement the use of prize authority by the Department;
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(3) facilitate connections between entrepreneurs and start-up companies and the variety of programs related to clean energy technology transfer under the Department; and
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(j) The Secretary shall collaborate with other executive branch agencies, including the Department of Defense and other agencies with Federal laboratories, regarding opportunities to partner with National Laboratories receiving a grant under subsection (a).
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(a) The Secretary shall delegate to Directors the authority to carry out an entrepreneurial leave program (referred to in this section as the “program”) to allow National Laboratory employees to take a full leave of absence from their position, with the option to return to that or a comparable position up to 3 years later, or a partial leave of absence, to advance the commercial application of energy and related technologies relevant to the mission of the Department.
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(4) ensure that any such programs or activities are in conformance with the Department’s research security policies, including DOE Order 486.1.
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(1) make appointments of not more than 60 scientific, engineering, and professional personnel, without regard to civil service laws, to assist the Department in meeting specific project or research needs;
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(2) The Under Secretary for Science shall have the authority to terminate any employee appointed under this section at any time based on performance or changing project or research needs of the Department.
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(2) The term “Department” means the Department of Energy.
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(4) the expertise and user facilities of the National Laboratories described in paragraph (3) will enable the Department to drive advances in microelectronics that are essential to meeting future needs in areas critical to the missions of the Department and the future competitiveness of the domestic microelectronics industry, including high-performance computing, emerging data-centric computing approaches and energy-efficient computing, optical sensors, sources, and wireless networks, and power electronics and electricity delivery systems.
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(1) The Secretary shall carry out a crosscutting program of research, development, and demonstration of microelectronics relevant to the missions of the Department to enable advances and breakthroughs that will—(A) accelerate underlying research and development for design, development, and manufacturability of next-generation microelectronics; and(B) ensure the global competitiveness of the United States in the field of microelectronics.
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(viii) in coordination with other relevant initiatives of the Department, methods to improve the lifetime, maintenance, recycling, reuse, and sustainability of microelectronics components and systems, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that the Secretary determines are vulnerable to disruption; and
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(A) workforce development through existing authorities and mechanisms available to the Department, including internships, fellowships, individual investigator grants, and other activities the Secretary determines appropriate; and
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(A) coordinate across all relevant programs and offices of the Department; and
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(E) creating technology testbeds for prototyping platforms for validation and verification of new capabilities and sharing of ideas, intellectual property, and the unique facilities of the Department;
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(B) Consistent with the existing authorities of the Department, the Director may terminate an underperforming Center during the performance period.
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(i) other research entities of the Department, including—(I) the Nanoscale Science Research Centers;(II) the National Quantum Information Science Research Centers;(III) the Energy Frontier Research Centers;(IV) the Energy Innovation Hubs;(V) the National Laboratories; and(VI) other offices of the Department;
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(VI) other offices of the Department;
Citations to §19291(5)
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(3) The term “award personnel” means principal investigators and co-principal investigators, faculty, postdoctoral researchers, and other employees supported by a grant, cooperative agreement, or contract under Federal law.
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(25) The term “research and development award” means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.
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(2) 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.
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(1) Subject to the availability of appropriations, the Director shall carry out the Dr. David Satcher Cybersecurity Education Grant Program by—(A) awarding grants to assist institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions, to establish or expand cybersecurity programs, to build and upgrade institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities, and to support such institutions on the path to producing qualified entrants in the cybersecurity workforce or becoming a National Center of Academic Excellence in Cybersecurity; and(B) awarding grants to build capacity at institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions, to expand cybersecurity education opportunities, cybersecurity programs, cybersecurity research, and cybersecurity partnerships with public and private entities.
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(A) awarding grants to assist institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions, to establish or expand cybersecurity programs, to build and upgrade institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities, and to support such institutions on the path to producing qualified entrants in the cybersecurity workforce or becoming a National Center of Academic Excellence in Cybersecurity; and
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(B) awarding grants to build capacity at institutions of higher education that have an enrollment of needy students, historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions, to expand cybersecurity education opportunities, cybersecurity programs, cybersecurity research, and cybersecurity partnerships with public and private entities.
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(2) The Director shall award not less than 50 percent of the amount available for grants under this section to historically Black colleges and universities, Tribal Colleges and Universities, and minority-serving institutions.
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(4) The Director’s authority to award grants under paragraph (1) shall terminate on the date that is 5 years after the date the Director first awards a grant under paragraph (1).
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(b) An eligible institution seeking a grant under subsection (a) shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including a statement of how the institution will use the funds awarded through the grant to expand cybersecurity education opportunities at the eligible institution.
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(c) An eligible institution that receives a grant under this section may use the funds awarded through such grant for increasing research, education, technical, partnership, and innovation capacity, including for—(1) building and upgrading institutional capacity to better support new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities;(2) building and upgrading institutional capacity to provide hands-on research and training experiences for undergraduate and graduate students; and(3) outreach and recruitment to ensure students are aware of such new or existing cybersecurity programs, including cybersecurity partnerships with public and private entities.
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(1) one year after the effective date of this section, as provided in subsection (f), and annually thereafter until the Director submits the report under paragraph (2), the Director shall prepare and submit to Congress a report on the status and progress of implementation of the grant program under this section, including on the number and demographics of institutions participating, the number and nature of students served by cybersecurity programs at institutions receiving grants, as well as the number of certificates or degrees awarded through such cybersecurity programs, the level of funding provided to grant recipients, the types of activities being funded by the grants program, and plans for future implementation and development; and
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(2) five years after the effective date of this section, as provided in subsection (f), the Director shall prepare and submit to Congress a report on the status of cybersecurity education programming and capacity-building at institutions receiving grants under this section, including changes in the scale and scope of these programs, associated facilities, or in accreditation status, and on the educational and employment outcomes of students participating in cybersecurity programs that have received support under this section.
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(1) The Director, in coordination with the Director of the National Science Foundation, and the heads of other relevant Federal agencies, as appropriate, shall establish or enter into cooperative agreements with appropriate nongovernmental organizations to establish a 5-year pilot program to award grants, on a merit-reviewed, competitive basis, to private sector entities, institutions of higher education, or nonprofit institutions based in the United States to support increased participation and leadership by small business and academic interests in international standards organizations.
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(2) Grants awarded to eligible entities under this subsection may be used to cover reasonable costs, up to a specified ceiling set by the Director, of activities to support increased engagement and leadership of eligible entity employees in international standards organizations, which may include costs associated with—(A) travel;(B) education and training;(C) dues or fees related to participation in technical standards development activities; and(D) other such costs that the Director determines may reasonably support participation of the eligible entity in international standards organizations.
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(B) employs full-time an individual or individuals who demonstrate knowledge with the processes of the standards development organization in which the eligible entity intends to engage using grant funds;
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(C) proposes a feasible set of standard deliverables to be completed over the period of the grant;
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(D) explains how the eligible entity will fund additional standards-related activities necessary to achieve the deliverables referred to in subparagraph (C) if the grant funds are insufficient to cover all costs of such activities;
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(E) commits personnel with appropriate expertise to regularly engage in relevant international organizations responsible for developing technical standards over the period of the grant; and
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(4) A small business concern (as such term is defined in section 632 of title 15 based in the United States, an institution of higher education, or a nonprofit institution (as such term is defined in section 3703 of title 15) shall be eligible to receive grants under this program.
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(5) The Director shall develop, and periodically update, guidance, including eligibility, applicant disclosure requirements, grant amount and duration, the merit review process, priority areas for standards development, and any additional requirements for how grants are awarded under this subsection.
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(6) The Director shall ensure that grants under this subsection are awarded based on a competitive, merit review process including the use of merit review panels that may include experts from both government, the private sector, and, as appropriate, academic, nonprofit, or other organizations as the Director determines appropriate.
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(b) The Secretary of Commerce, acting through the Director, shall establish a competitive program of grants for nongovernmental standards development organizations for the purposes described in subsection (c).
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(c) A grant awarded under subsection (b) shall be used to develop, approve, disseminate, maintain, and review forensic science voluntary consensus standards and best practices that shall be available to the public free of charge.
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(3) conducting outreach and education activities for recipients on research policies and potential security risks and on policies and activities to protect intellectual property and information about critical technologies relevant to national security, consistent with the controls relevant to the grant or award;
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(A) supporting research directorates and divisions in balancing investments in research grants and funding for the initial operation and maintenance of major facilities;
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(A) Grants to fund the work of individual investigators and teams of investigators, including interdisciplinary teams.
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(1) Support research in engineering biology and biomanufacturing through individual grants, collaborative grants, and through interdisciplinary research centers.
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(5) Award grants, on a competitive basis, to enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting.
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(2) Award grants, on a competitive basis, that enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting.
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(f) As part of the Initiative, the Secretary of Agriculture shall support research and development in engineering biology through the Agricultural Research Service, the National Institute of Food and Agriculture programs and grants, and the Office of the Chief Scientist.
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(1) Not later than one year after August 9, 2022, the Director of the Office of Science and Technology Policy, in collaboration with the head of each Federal research agency, shall submit to Congress a report containing a strategic plan which reflects the plans of each Federal research agency to increase the capacity of HBCUs, TCUs, and MSIs to compete effectively for grants, contracts, or cooperative agreements and to encourage HBCUs, TCUs, and MSIs to participate in Federal programs.
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(2) as relevant, a plan, which shall be updated every three years, that describes the institution’s strategy to achieve very high research activity status, including making investments with institutional and non-Federal funds, to achieve that status within a decade of the grant award, to the extent practicable.
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(1) require, upon request, the submission to such agency, by an institution of higher education or other organization applying for a research and development award, of supporting documentation, including copies of contracts, grants, or any other agreement specific to foreign appointments, employment with a foreign institution, participation in a foreign talent recruitment program and other information reported as current and pending support for all covered individuals in a research and development award application;
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(3) upon receipt and review of the information provided under paragraph (1) and in consultation with the institution of higher education or other organization submitting such information, initiate the substitution or removal of a covered individual from a research and development award, reduce the award funding amount, or suspend or terminate the award if the agency head determines such contracts, grants, or agreements include obligations that—(A) interfere with the capacity for agency-supported activities to be carried out; or(B) create duplication with agency-supported activities.
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No person published on the list under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note) or entity identified under section 1260h1 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116–283) may receive or participate in any grant, award, program, support, or other activity under—
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(v) actively solicit and accept funds, gifts, grants, devises, or bequests of real or personal property to the Foundation, including from private entities.
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(aa) the acceptance, solicitation, and disposition of donations and grants to the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; and
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(i) The Foundation may award fellowships and grants for activities relating to research, development, demonstration, maturation, or commercialization of energy and other Department-supported technologies.
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(ii) A fellowship or grant under clause (i) may consist of a stipend, health insurance benefits, funds for travel, and funds for other appropriate expenses.
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(iii) In selecting a recipient for a fellowship or grant under clause (i), the Foundation—(I) shall make the selection based on the technical and commercialization merits of the proposed project of the potential recipient; and(II) may consult with a potential recipient regarding the ability of the potential recipient to carry out various projects that would further the purposes of the Foundation described in paragraph (3).
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(J) The Foundation shall develop an expertise in communications to promote the work of grant and fellowship recipients under subparagraph (B), the commercialization successes of the Foundation, opportunities for partnership with the Foundation, and other activities.
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(K) The Foundation may solicit and accept gifts, grants, and other donations, establish accounts, and invest and expend funds in support of the activities and programs of the Foundation.
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(I) grant awards, including selection, review, and notification;
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(E) providing fellowships and grants to research and development personnel at, or affiliated with, federally funded centers, in accordance with paragraph (3);
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(A) Recipients of fellowships and grants described in paragraph (2)(E) shall be selected—(i) by a Laboratory Foundation and the donors to a Laboratory Foundation;(ii) subject to the agreement of the head of the agency the mission of which is supported by a Laboratory Foundation; and(iii) in the case of a fellowship, based on the recommendation of the employees of the National Energy Technology Laboratory at which the fellow would serve.
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(B) Fellowships and grants described in paragraph (2)(E) may include stipends, travel, health insurance, benefits, and other appropriate expenses.
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(b) Not later than 180 days after the enactment of this Act, the Secretary, acting through the Chief Commercialization Officer established in section 16391(a) of this title, shall establish a Clean Energy Incubator Program (herein referred to as the “program”) to competitively award grants to clean energy incubators.
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(c) In awarding grants to clean energy incubators under subsection (b), the Secretary shall, to the maximum extent practicable, prioritize funding clean energy incubators that—(1) partner with entities that carry out activities relevant to the activities of such incubator and that operate at the local, State, and regional levels;(2) support the commercial application activities of startup companies focused on physical hardware, computational, or integrated hardware and software technologies;(3) are located in geographically diverse regions of the United States, such as the Great Lakes region;(4) are located in, or partner with entities located in, economically-distressed areas;(5) support the development of entities focused on expanding clean energy tools and technologies to rural, Tribal, and low-income communities;(6) support the commercial application of technologies being developed by clean energy entrepreneurs from underrepresented backgrounds; and(7) have a plan for sustaining activities of the incubator after grant funds received under this program have been expended.
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(7) have a plan for sustaining activities of the incubator after grant funds received under this program have been expended.
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(e) Each grant under subsection (b) shall be for a period of no longer than 5 years, subject to the availability of appropriations.
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(d) In awarding grants under this section, the Secretary shall prioritize awarding grants to eligible entities that work with students at minority-serving institutions.
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(a) The Secretary shall competitively award grants to National Laboratories for the purpose of establishing or supporting Lab-Embedded Entrepreneurship Programs.
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(e) National Laboratories that receive grants under this section shall prioritize the support and success of the entrepreneurial fellow with regards to professional development and development of a relevant technology.
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(g) The Secretary shall support the development of short-term and long-term metrics to assess the effectiveness of programs receiving a grant under subsection (a) in achieving the purposes of the program in subsection (a).
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(i) The Secretary shall oversee the planning and coordination of grants under subsection (a) and shall identify and disseminate best practices for achieving the purposes of subsection (a) to National Laboratories that receive grants under this section.
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(j) The Secretary shall collaborate with other executive branch agencies, including the Department of Defense and other agencies with Federal laboratories, regarding opportunities to partner with National Laboratories receiving a grant under subsection (a).
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(A) workforce development through existing authorities and mechanisms available to the Department, including internships, fellowships, individual investigator grants, and other activities the Secretary determines appropriate; and
Citations to §19291(7)
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(i) 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.
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(ii) consider applications from the National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.
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(i) 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.
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(iv) National Laboratories;
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(I) An assessment of the effectiveness of the Federal Government, federally funded research and development centers, and national laboratories in supporting and promoting the technology commercialization and technology transfer of technologies critical to national security.
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(3) The activities of the Department of Energy in the key technology focus areas, including at the national laboratories, and at Federal laboratories, as defined in section 3703 of title 15, and facilities and user facilities operated in partnership with such national laboratories or the Department of Energy.
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(6) The term “Individual Laboratory-Associated Foundation” means a Laboratory Foundation established by an operating contractor of a National Laboratory.
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(8) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(II) The appointed members of the Board shall reflect a broad cross-section of stakeholders from academia, National Laboratories, industry, nonprofit organizations, State or local governments, the investment community, and the philanthropic community.
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(iv) A National Laboratory that applies for or accepts an award under clause (i) shall not be considered to be engaging in a competitive process.
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(i) to leverage the capabilities and facilities of National Laboratories to commercialize technology; and
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(ii) to assist with resources, including by providing information on the assets of each National Laboratory that may enable the deployment and commercialization of technology.
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(D) The Foundation may support programs that provide training to researchers, scientists, other relevant personnel at National Laboratories and institutions of higher education, and previous or current recipients of or applicants for Department funding to help research, develop, demonstrate, deploy, and commercialize federally funded technology.
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(F) The Foundation shall convene, and may consult with, representatives from the Department, institutions of higher education, National Laboratories, the private sector, and commercialization organizations to develop programs for the purposes of the Foundation described in paragraph (3) and to advance the activities of the Foundation.
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(A) The Secretary shall collaborate with the Foundation to develop a process to ensure collaboration and coordination between the Department, the Foundation, and National Laboratories—(i) to streamline contracting processes between National Laboratories and the Foundation, including by—(I) streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories;(II) standardizing contract mechanisms to be used by the Foundation in engaging with National Laboratories; and(III) streamlining the ability of the Foundation to fund endowed positions at National Laboratories;(ii) to allow a National Laboratory or site of a National Laboratory—(I) to accept and perform work for the Foundation, consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the National Laboratory or site, as applicable; and(II) to perform that work on a basis equal to other missions at the National Laboratory; and(iii) to permit the director of any National Laboratory or site of a National Laboratory to enter into a cooperative research and development agreement or negotiate a licensing agreement with the Foundation pursuant to section 3710a of title 15.
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(i) to streamline contracting processes between National Laboratories and the Foundation, including by—(I) streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories;(II) standardizing contract mechanisms to be used by the Foundation in engaging with National Laboratories; and(III) streamlining the ability of the Foundation to fund endowed positions at National Laboratories;
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(I) streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories;
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(II) standardizing contract mechanisms to be used by the Foundation in engaging with National Laboratories; and
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(III) streamlining the ability of the Foundation to fund endowed positions at National Laboratories;
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(ii) to allow a National Laboratory or site of a National Laboratory—(I) to accept and perform work for the Foundation, consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the National Laboratory or site, as applicable; and(II) to perform that work on a basis equal to other missions at the National Laboratory; and
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(I) to accept and perform work for the Foundation, consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the National Laboratory or site, as applicable; and
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(II) to perform that work on a basis equal to other missions at the National Laboratory; and
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(iii) to permit the director of any National Laboratory or site of a National Laboratory to enter into a cooperative research and development agreement or negotiate a licensing agreement with the Foundation pursuant to section 3710a of title 15.
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(C) Funds made available under subparagraph (A)(ii) shall be required to be cost-shared by a partner of the Foundation other than the Department or a National Laboratory.
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(2) may include a program within or established by a National Laboratory, an institution of higher education or a State, territorial, local, or tribal government.
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(a) The Secretary shall competitively award grants to National Laboratories for the purpose of establishing or supporting Lab-Embedded Entrepreneurship Programs.
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(b) The purposes of such programs are to provide entrepreneurial fellows with access to National Laboratory research facilities, National Laboratory expertise, and mentorship to perform research and development and gain expertise that may be required or beneficial for the commercial application of research ideas.
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(d) Each National Laboratory that receives funding under this section shall support entrepreneurial fellows by providing—(1) access to facilities and expertise within the National Laboratory;(2) engagement with external stakeholders; and(3) market and customer development opportunities.
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(1) access to facilities and expertise within the National Laboratory;
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(e) National Laboratories that receive grants under this section shall prioritize the support and success of the entrepreneurial fellow with regards to professional development and development of a relevant technology.
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(f) In carrying out a Lab-Embedded Entrepreneurship Program, a National Laboratory may partner with an external entity, including—(1) a nonprofit organization;(2) an institution of higher education;(3) a federally-owned corporation; or(4) a consortium of 2 or more entities described in paragraphs (1) through (3).
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(i) The Secretary shall oversee the planning and coordination of grants under subsection (a) and shall identify and disseminate best practices for achieving the purposes of subsection (a) to National Laboratories that receive grants under this section.
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(j) The Secretary shall collaborate with other executive branch agencies, including the Department of Defense and other agencies with Federal laboratories, regarding opportunities to partner with National Laboratories receiving a grant under subsection (a).
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(a) The Secretary shall delegate to Directors the authority to carry out an entrepreneurial leave program (referred to in this section as the “program”) to allow National Laboratory employees to take a full leave of absence from their position, with the option to return to that or a comparable position up to 3 years later, or a partial leave of absence, to advance the commercial application of energy and related technologies relevant to the mission of the Department.
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(b) Directors shall retain the authority to terminate National Laboratory employees that participate in the program if such employees are found to violate terms prescribed by the National Laboratory at which such employee is employed.
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(c) To reduce barriers to participation in the program, the Secretary shall delegate to the Directors the requirement to establish streamlined mechanisms for facilitating the licensing of technology that is the focus of National Laboratory employees who participate in the program.
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(d) In accordance with section 16391a of this title, the Secretary shall report annually on the utilization of this authority at National Laboratories, including the number of employees who participate in this program at each National Laboratory and the number of employees who take a permanent leave from their positions at National Laboratories as a result of participating in this program.
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(a) The Secretary shall delegate to Directors of National Laboratories the authority to allow their non-Federal employees—(1) to engage in outside employment, including start-up companies based on licensing technologies developed at National Laboratories and consulting in their areas of expertise, and receive compensation from such entities; and(2) to engage in outside activities related to their areas of expertise at the National Laboratory and may allow employees, in their employment capacity at such outside employment, to access the National Laboratories under the same contracting mechanisms as non-Laboratory employees and entities, in accordance with appropriate conflict of interest protocols.
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(1) to engage in outside employment, including start-up companies based on licensing technologies developed at National Laboratories and consulting in their areas of expertise, and receive compensation from such entities; and
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(2) to engage in outside activities related to their areas of expertise at the National Laboratory and may allow employees, in their employment capacity at such outside employment, to access the National Laboratories under the same contracting mechanisms as non-Laboratory employees and entities, in accordance with appropriate conflict of interest protocols.
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(1) allow such activities to interfere with or impede their duties at the National Laboratory;
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(2) engage in activities related to outside employment using National Laboratory government equipment, property, or resources, unless such activities are performed under National Laboratory contracting mechanisms, such as Cooperative Research and Development Agreements or Strategic Partnership Projects, whereby all conflicts of interest requirements apply; or
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(3) use their position at a National Laboratory to provide an unfair competitive advantage to an outside employer or start-up activity.
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(8) The term “National Laboratory” has the meaning given the term in section 15801 of this title.
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(3) the National Laboratories possess unique technical expertise and user facilities that are essential to—(A) overcoming foundational research challenges relevant to the topics described in paragraph (2); and(B) translating and transferring research outcomes to industry; and
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(4) the expertise and user facilities of the National Laboratories described in paragraph (3) will enable the Department to drive advances in microelectronics that are essential to meeting future needs in areas critical to the missions of the Department and the future competitiveness of the domestic microelectronics industry, including high-performance computing, emerging data-centric computing approaches and energy-efficient computing, optical sensors, sources, and wireless networks, and power electronics and electricity delivery systems.
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(iv) a National Laboratory;
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(A) a National Laboratory;
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(V) the National Laboratories; and
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(a) In this section, the term “National Laboratory” means—(1) the National Renewable Energy Laboratory;(2) the National Energy Technology Laboratory;(3) the Idaho National Laboratory;(4) the Savannah River National Laboratory;(5) the Sandia National Laboratories;(6) the Los Alamos National Laboratory; and(7) the Lawrence Livermore National Laboratory.
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(3) the Idaho National Laboratory;
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(4) the Savannah River National Laboratory;
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(5) the Sandia National Laboratories;
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(6) the Los Alamos National Laboratory; and
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(7) the Lawrence Livermore National Laboratory.
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(1) The Secretary shall fund projects described in paragraph (2) as needed to address the deferred maintenance, critical infrastructure needs, and modernization of National Laboratories.
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(A) priority deferred maintenance projects at National Laboratories, including facilities sustainment for, upgrade of, and construction of research laboratories, administrative and support buildings, utilities, roads, power plants, and any other critical infrastructure; and
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(B) lab modernization projects at National Laboratories, including projects relating to core infrastructure needed—(i) to support existing and emerging science missions with new and specialized requirements for world-leading scientific user facilities and computing capabilities; and(ii) to maintain safe, efficient, reliable, and environmentally responsible operations, including pilot projects to demonstrate net-zero emissions with resilient operations.
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(1) $640,000,000 is authorized to be appropriated for projects at National Laboratories described in paragraphs (1) through (4) of subsection (a); and
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(2) $160,000,000 is authorized to be appropriated for projects at National Laboratories described in paragraphs (5) through (7) of that subsection.
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(F) a National Laboratory (as defined in section 15801 of this title);
Citations to §19291(8)
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(3) 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.
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(B) 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.
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(A) 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.
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(B) 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.
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(i) 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.
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(ii) The multidisciplinary teams described in clause (i) shall pursue aggressive, milestone-driven research goals established by the Secretary.
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(D) The Secretary may organize additional activities under this subsection through other organizational structures.
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(A) 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.
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(C) The Secretary shall periodically review activities carried out under the program described in subparagraph (A) to evaluate achievement of scientific objectives and research milestones.
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(A) 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.
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(i) 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.
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(ii) In selecting Centers under subparagraph (A), the Secretary shall consider applications from institutions of higher education, multi-institutional collaborations, and other appropriate entities.
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(4) In 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.
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(A) 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.
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(B) 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.
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(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.
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(1) 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.
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(2) 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.
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(A) The Secretary may waive the prohibition under paragraph (1) if determined by the Secretary to be in the national interest.
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(B) 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.
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(A) 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.
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(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
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(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.
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(C) 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.
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(4) 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.
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(e) 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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(3) defines critical research areas, designated by risk, as determined by the Secretary.
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(c) As part of the Initiative, the Secretary of Energy shall carry out the following:(1) Conduct and support research, development, demonstration, and commercial application activities in engineering biology, including in the areas of synthetic biology, advanced biofuel and bioproduct development, biobased materials, and environmental remediation.(2) Support the development, optimization and validation of novel, scalable tools and technologies to enable the dynamic study of molecular processes in situ.(3) Provide access to user facilities with advanced or unique equipment, services, materials, and other resources, including secure access to high-performance computing, as appropriate, to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing;.1(4) Strengthen collaboration between the Office of Science and the Energy Efficiency and Renewable Energy Office to help transfer fundamental research results to industry and accelerate commercial applications.
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(d) As part of the Initiative, the Secretary of Defense shall carry out the following:(1) Conduct and support research and development in engineering biology and associated data and information sciences.(2) Support curriculum development and research experiences in engineering biology and associated data and information sciences across the military education system, including the service academies, professional military education, and military graduate education.(3) Assess risks of potential national security and economic security threats relating to engineering biology.
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(f) As part of the Initiative, the Secretary of Agriculture shall support research and development in engineering biology through the Agricultural Research Service, the National Institute of Food and Agriculture programs and grants, and the Office of the Chief Scientist.
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(h) As part of the Initiative, the Secretary of Health and Human Services, as appropriate and consistent with activities of the Department of Health and Human Services in effect on the day before August 9, 2022, shall carry out the following:(1) Support research and development to advance the understanding and application of engineering biology for human health.(2) Support relevant interdisciplinary research and coordination.(3) Support activities necessary to facilitate oversight of relevant emerging biotechnologies.
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(a) Pursuant to section 3719 of title 15, the Secretary of Commerce shall carry out a program to award prizes competitively to stimulate research and development of creative technologies to support the deployment of affordable and reliable broadband connectivity in rural communities, including unserved rural communities.
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(c) In carrying out the program under subsection (a), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition.
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(d) Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition.
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(e) In carrying out the program under this section, the Secretary shall consult with the Federal Communications Commission and the heads of relevant departments and agencies of the Federal Government.
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(2) The National Science and Technology Council shall transmit the report required under paragraph (1) to the Director, the Administrator of the National Aeronautics and Space Administration, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, and the heads of other such agencies as determined relevant by the National Science and Technology Council.
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(1) Not later than 90 days after August 9, 2022, the Director of the Office of Science and Technology Policy, in coordination with the Director of the National Science Foundation, the Director of the National Institutes of Health, the Secretary of Energy, and the Secretary of Defense, and in consultation with the heads of relevant Federal research agencies, shall enter into an agreement or contract with a qualified entity for the development of online research security training modules for the research community and participants in the United States research and development enterprise to ensure compliance with National Security Presidential Memorandum–33 or successor documents, including modules—(A) focused on cybersecurity, international collaboration and international travel, foreign interference, and rules for proper use of funds, disclosure, conflict of commitment, and conflict of interest; and(B) tailored to the unique needs of—(i) covered individuals;(ii) undergraduate students, graduate students, and postdoctoral researchers; and(iii) applicants for awards under the SBIR and STTR programs (as such terms are defined in section 638(e) of title 15.
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(1) The Secretary of Commerce.
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(3) The Secretary of Energy.
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(4) The Secretary of Defense.
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(7) The Secretary of Health and Human Services.
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(9) The Secretary of Agriculture.
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(A) Not later than 180 days after August 9, 2022, the Secretary shall establish a nonprofit corporation to be known as the “Foundation for Energy Security and Innovation”.
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(E) The Secretary may collaborate with 1 or more organizations to establish the Foundation and carry out the activities of the Foundation.
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(I) The Secretary.
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(II) The Under Secretary for Science.
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(III) The Under Secretary for Nuclear Security.
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(I) The Secretary and the other ex officio members of the Board shall—(aa) seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to develop a list of individuals to serve as members of the Board who are well-qualified and will meet the requirements of subclauses (II) and (III); and(bb) appoint the initial members of the Board from that list, if applicable, in consultation with the National Academies of Sciences, Engineering, and Medicine.
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(III) The Secretary shall ensure that a majority of the appointed members of the Board—(AA) has experience in the energy sector;(BB) has research experience in the energy field; or(CC) has experience in technology commercialization or foundation operations; and(bb) to the extent practicable, represents diverse regions, sectors, and communities.
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(i) Not later than 60 days after the Board is established, the Secretary shall convene a meeting of the ex officio and appointed members of the Board to incorporate the Foundation.
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(iii) For the purpose of providing support under clause (ii), the Secretary shall establish suggested guidelines and templates for covered foundations, including—(I) a standard adaptable organizational design for responsible management;(II) standard and legally tenable bylaws and money-handling procedures; and(III) a standard training curriculum to orient and expand the operating expertise of personnel employed by covered foundations.
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(E) Not later than 1 year after the date on which the Foundation is established, and every years3 thereafter, the Foundation shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Secretary a report that, for the year covered by the report—(i) describes the activities of the Foundation and the progress of the Foundation in furthering the purposes of the Foundation described in paragraph (3);(ii) provides a specific accounting of the source and use of all funds made available to the Foundation to carry out those activities to ensure transparency in the alignment of Department missions and policies with national security;(iii) describes how the results of the activities of the Foundation could be incorporated into the procurement processes of the General Services Administration; and(iv) includes a summary of each evaluation conducted using the evaluation methodology described in paragraph (4)(I).
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(ii) make the audits, and all other records, documents, and papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit.
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(A) The Secretary shall collaborate with the Foundation to develop a process to ensure collaboration and coordination between the Department, the Foundation, and National Laboratories—(i) to streamline contracting processes between National Laboratories and the Foundation, including by—(I) streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories;(II) standardizing contract mechanisms to be used by the Foundation in engaging with National Laboratories; and(III) streamlining the ability of the Foundation to fund endowed positions at National Laboratories;(ii) to allow a National Laboratory or site of a National Laboratory—(I) to accept and perform work for the Foundation, consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the National Laboratory or site, as applicable; and(II) to perform that work on a basis equal to other missions at the National Laboratory; and(iii) to permit the director of any National Laboratory or site of a National Laboratory to enter into a cooperative research and development agreement or negotiate a licensing agreement with the Foundation pursuant to section 3710a of title 15.
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(B) The Secretary shall appoint liaisons from across the Department to collaborate and coordinate with the Foundation, including not less than 1 liaison from the Office of Technology Transitions, who shall ensure that the Foundation works in conjunction with and does not duplicate existing activities and programs carried out by the Department, including the Technology Commercialization Fund of the Department.
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(C) The Secretary shall leverage appropriate arrangements, contracts, and directives to carry out the process developed under subparagraph (A).
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(8) The Secretary may provide facilities, utilities, and support services to the Foundation if it is determined by the Secretary to be advantageous to the research programs of the Department.
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(9) This subsection shall not preempt any authority or responsibility of the Secretary under any other provision of law.
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(i) not less than $1,500,000 shall be for the Secretary for fiscal year 2023 to establish the Foundation;
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(B) None of the funds authorized to be appropriated to the Secretary by subparagraph (A)(i) of this paragraph shall be used for construction.
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(b) Not later than 180 days after the enactment of this Act, the Secretary, acting through the Chief Commercialization Officer established in section 16391(a) of this title, shall establish a Clean Energy Incubator Program (herein referred to as the “program”) to competitively award grants to clean energy incubators.
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(c) In awarding grants to clean energy incubators under subsection (b), the Secretary shall, to the maximum extent practicable, prioritize funding clean energy incubators that—(1) partner with entities that carry out activities relevant to the activities of such incubator and that operate at the local, State, and regional levels;(2) support the commercial application activities of startup companies focused on physical hardware, computational, or integrated hardware and software technologies;(3) are located in geographically diverse regions of the United States, such as the Great Lakes region;(4) are located in, or partner with entities located in, economically-distressed areas;(5) support the development of entities focused on expanding clean energy tools and technologies to rural, Tribal, and low-income communities;(6) support the commercial application of technologies being developed by clean energy entrepreneurs from underrepresented backgrounds; and(7) have a plan for sustaining activities of the incubator after grant funds received under this program have been expended.
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(h) In accordance with section 16391a of this title, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation of the program established under this section that includes analyses of the performance of the clean energy incubators.
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(i) There are authorized to be appropriated to the Secretary to carry out this section $15,000,000 for each of fiscal years 2023 through 2027.
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(b) The Secretary shall establish a program, known as the “Clean Energy Technology University Prize”, to award funding for eligible entities to carry out regional and one national clean energy technology prize competitions, under section 3719 of title 15. In carrying out such prize competitions, students shall compete to develop a business model for furthering the commercial application of an innovative clean energy technology.
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(c) In carrying out this program, the Secretary may provide funding to train participating students in skills needed for the successful commercial application of clean energy technologies, including through virtual training sessions.
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(d) In awarding grants under this section, the Secretary shall prioritize awarding grants to eligible entities that work with students at minority-serving institutions.
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(e) In carrying out this program, the Secretary shall coordinate and partner with other clean energy technology prize competitions. In doing so, the Secretary may develop and disseminate best practices for administering prize competitions under this section.
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(f) In accordance with section 16391a of this title, the Secretary shall report annually on the progress and implementation of the program established under section (b).
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(g) In accordance with section 16391a of this title, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation on the long-term outcomes of the program established under this section and the progress towards achieving the purposes of the program in subsection (b).
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(h) There are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $1,000,000 for each of fiscal years 2023 through 2027.
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(a) The Secretary, acting through the Chief Commercialization Officer established in section 16391(a) of this title, shall support the coordination of relevant technology transfer programs that advance the commercial application of clean energy technologies nationally and across all energy sectors. In particular, the Secretary may support activities to—(1) facilitate the sharing of information on best practices for successful operation of clean energy technology transfer programs;(2) coordinate resources and improve cooperation among clean energy technology transfer programs;(3) facilitate connections between entrepreneurs and start-up companies and the variety of programs related to clean energy technology transfer under the Department; and(4) facilitate the development of metrics to measure the impact of clean energy technology transfer programs on—(A) advancing the development, demonstration, and commercial application of clean energy technologies;(B) increasing the competitiveness of United States in the clean energy sector, including in manufacturing; and(C) commercial application of clean energy technologies being developed by entrepreneurs from under-represented backgrounds.
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(b) There are authorized to be appropriated to the Secretary to carry out the activities in this section $3,000,000 for each of fiscal years 2023 through 2027.
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(a) The Secretary shall competitively award grants to National Laboratories for the purpose of establishing or supporting Lab-Embedded Entrepreneurship Programs.
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(4) any other resources determined appropriate by the Secretary.
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(g) The Secretary shall support the development of short-term and long-term metrics to assess the effectiveness of programs receiving a grant under subsection (a) in achieving the purposes of the program in subsection (a).
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(h) In accordance with section 16391a of this title, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation of the effectiveness of the programs under subsection (a) based on the metrics developed pursuant to subsection (g).
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(i) The Secretary shall oversee the planning and coordination of grants under subsection (a) and shall identify and disseminate best practices for achieving the purposes of subsection (a) to National Laboratories that receive grants under this section.
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(j) The Secretary shall collaborate with other executive branch agencies, including the Department of Defense and other agencies with Federal laboratories, regarding opportunities to partner with National Laboratories receiving a grant under subsection (a).
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(k) There are authorized to be appropriated to the Secretary to carry out the activities authorized in this section $25,000,000 for each of fiscal years 2023 through 2027.
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(a) The Secretary shall delegate to Directors the authority to carry out an entrepreneurial leave program (referred to in this section as the “program”) to allow National Laboratory employees to take a full leave of absence from their position, with the option to return to that or a comparable position up to 3 years later, or a partial leave of absence, to advance the commercial application of energy and related technologies relevant to the mission of the Department.
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(c) To reduce barriers to participation in the program, the Secretary shall delegate to the Directors the requirement to establish streamlined mechanisms for facilitating the licensing of technology that is the focus of National Laboratory employees who participate in the program.
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(d) In accordance with section 16391a of this title, the Secretary shall report annually on the utilization of this authority at National Laboratories, including the number of employees who participate in this program at each National Laboratory and the number of employees who take a permanent leave from their positions at National Laboratories as a result of participating in this program.
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(a) The Secretary shall delegate to Directors of National Laboratories the authority to allow their non-Federal employees—(1) to engage in outside employment, including start-up companies based on licensing technologies developed at National Laboratories and consulting in their areas of expertise, and receive compensation from such entities; and(2) to engage in outside activities related to their areas of expertise at the National Laboratory and may allow employees, in their employment capacity at such outside employment, to access the National Laboratories under the same contracting mechanisms as non-Laboratory employees and entities, in accordance with appropriate conflict of interest protocols.
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(a) The Under Secretary for Science shall have the authority to—(1) make appointments of not more than 60 scientific, engineering, and professional personnel, without regard to civil service laws, to assist the Department in meeting specific project or research needs;(2) fix the basic pay of any employee appointed under this section at a rate to be determined by the Under Secretary at rates not in excess of Level II of the Executive Schedule (EX–II) under section 5311 of title 5 without regard to the civil service laws; and(3) pay any employee appointed under this section payments in addition to basic pay, except that the total amount of additional payments paid to an employee under this subsection for any 12-month period shall not exceed the lesser of the following amounts:(A) $25,000.(B) The amount equal to 25 percent of the annual rate of basic pay of that employee.(C) The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5.
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(2) fix the basic pay of any employee appointed under this section at a rate to be determined by the Under Secretary at rates not in excess of Level II of the Executive Schedule (EX–II) under section 5311 of title 5 without regard to the civil service laws; and
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(2) The Under Secretary for Science shall have the authority to terminate any employee appointed under this section at any time based on performance or changing project or research needs of the Department.
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(1) The Secretary shall carry out a crosscutting program of research, development, and demonstration of microelectronics relevant to the missions of the Department to enable advances and breakthroughs that will—(A) accelerate underlying research and development for design, development, and manufacturability of next-generation microelectronics; and(B) ensure the global competitiveness of the United States in the field of microelectronics.
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(A) In carrying out the program, the Secretary shall provide financial assistance to eligible entities described in subparagraph (B) to carry out research projects in—(i) foundational science areas, including—(I) materials sciences, chemical sciences, and plasma science synthesis and fabrication;(II) novel microelectronics devices, including emerging memory and storage technologies;(III) diverse computing architectures and paradigms, including analog computing and edge computing;(IV) data-driven modeling and simulation;(V) integrated sensing, power harvesting, and communications;(VI) component integration and subsystems;(VII) photonic integration and packaging; and(VIII) development of codesign frameworks for all stages of microelectronics design, development, fabrication, and application;(ii) cybersecurity by design to result in trusted and resilient microelectronics;(iii) methods for leveraging advanced simulation and artificial intelligence to enhance codesign and discovery in microelectronics;(iv) in consultation with the National Institute of Standards and Technology, fabrication and processing science and metrology associated with microelectronics manufacturing, including lithography, patterning, surface deposition, etching, and cleaning;(v) approaches for optimizing system-level energy efficiency of advanced computing systems, the electrical grid, power electronics, and other energy infrastructure;(vi) approaches for enhancing the durability and lifetime of radiation-hardened electronics;(vii) enhancement of microelectronics security, including the development of integrated devices, packages, and thermal management for severe environments and national security;(viii) in coordination with other relevant initiatives of the Department, methods to improve the lifetime, maintenance, recycling, reuse, and sustainability of microelectronics components and systems, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that the Secretary determines are vulnerable to disruption; and(ix) methods and techniques for domestic processing of materials for microelectronics and components of microelectronics.
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(viii) in coordination with other relevant initiatives of the Department, methods to improve the lifetime, maintenance, recycling, reuse, and sustainability of microelectronics components and systems, including technologies and strategies that reduce the use of energy, water, critical materials, and other commodities that the Secretary determines are vulnerable to disruption; and
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(vii) any other entity that the Secretary determines appropriate.
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(C) Not later than 30 days after the Secretary provides financial assistance to an eligible entity under subparagraph (A), the Secretary shall 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 notification of the financial assistance provided, including—(i) the criteria used by the Secretary to select the eligible entity receiving the financial assistance;(ii) the manner in which the criteria described in clause (i) comport with the purposes of the program described in paragraph (1); and(iii) a description of the research project that the eligible entity will carry out using the financial assistance.
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(i) the criteria used by the Secretary to select the eligible entity receiving the financial assistance;
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(3) In carrying out the program, the Secretary, in coordination with the Director of the Office of Technology Transitions and in consultation with the private sector, shall—(A) support translational research and transfer of microelectronics technologies; and(B) identify emerging research and development needs of industry and government for the benefit of United States economic competitiveness.
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(4) In carrying out the program, the Secretary shall support—(A) workforce development through existing authorities and mechanisms available to the Department, including internships, fellowships, individual investigator grants, and other activities the Secretary determines appropriate; and(B) in consultation with the National Science Foundation, as appropriate, education and outreach activities—(i) to disseminate information and promote understanding of microelectronics and related fields among students at elementary school, secondary school, high school, undergraduate, and graduate levels; and(ii) that may include educational programming with an emphasis on experiential and project-based learning.
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(A) workforce development through existing authorities and mechanisms available to the Department, including internships, fellowships, individual investigator grants, and other activities the Secretary determines appropriate; and
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(5) The Secretary shall conduct outreach to recruit applicants to the program and engage participants from all regions of the United States, especially individuals from underserved communities and groups historically underrepresented in science, technology, engineering, and mathematics.
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(6) In carrying out the program, the Secretary shall—(A) coordinate across all relevant programs and offices of the Department; and(B) coordinate the research carried out under the program relating to microelectronics with activities carried out by other Federal agencies and programs relating to microelectronics research, development, manufacturing, and supply chain security, including the programs authorized under subsections (c) through (f) of section 4656 of title 15.
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(7) Not later than 180 days after August 9, 2022, the Secretary shall 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 describing the goals, priorities, and anticipated outcomes of the program.
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(8) There are authorized to be appropriated to the Secretary to carry out this subsection—(A) $75,000,000 for fiscal year 2023;(B) $100,000,000 for fiscal year 2024;(C) $100,000,000 for fiscal year 2025;(D) $100,000,000 for fiscal year 2026; and(E) $100,000,000 for fiscal year 2027.
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(F) any other entity that the Secretary determines appropriate.
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(7) The Secretary shall—(A) establish a coordinating network to coordinate cross-cutting research and foster communication and collaboration among the Centers; and(B) ensure coordination, and avoid unnecessary duplication, of the activities of each Center with the activities of—(i) other research entities of the Department, including—(I) the Nanoscale Science Research Centers;(II) the National Quantum Information Science Research Centers;(III) the Energy Frontier Research Centers;(IV) the Energy Innovation Hubs;(V) the National Laboratories; and(VI) other offices of the Department;(ii) the National Semiconductor Technology Center established under section 4656(c)(1) of title 15;(iii) institutions of higher education;(iv) industry; and(v) relevant research activities carried out by other Federal agencies.
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(A) In this paragraph, the term “covered determination” means a determination of the Secretary—(i) to establish a Center under paragraph (1);(ii) to renew support for a Center under paragraph (5)(A)(ii); or(iii) to terminate a Center under paragraph (5)(B).
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(B) Not later than 30 days after the Secretary makes a covered determination, the Secretary shall 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 notification of the covered determination, including—(i) the criteria used by the Secretary to make the covered determination; and(ii) the manner in which the criteria described in clause (i) comport with the purposes of the program described in paragraph (1).
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(i) the criteria used by the Secretary to make the covered determination; and
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(1) The Secretary shall fund projects described in paragraph (2) as needed to address the deferred maintenance, critical infrastructure needs, and modernization of National Laboratories.
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(2) The projects referred to in paragraph (1) are, as determined by the Secretary—(A) priority deferred maintenance projects at National Laboratories, including facilities sustainment for, upgrade of, and construction of research laboratories, administrative and support buildings, utilities, roads, power plants, and any other critical infrastructure; and(B) lab modernization projects at National Laboratories, including projects relating to core infrastructure needed—(i) to support existing and emerging science missions with new and specialized requirements for world-leading scientific user facilities and computing capabilities; and(ii) to maintain safe, efficient, reliable, and environmentally responsible operations, including pilot projects to demonstrate net-zero emissions with resilient operations.
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(3) In carrying out paragraph (1), the Secretary shall use all available approaches and mechanisms, as the Secretary determines to be appropriate, including—(A) capital line items;(B) minor construction projects;(C) energy savings performance contracts;(D) utility energy service contracts;(E) alternative financing; and(F) expense funding.
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(c) For each fiscal year through fiscal year 2027, at the same time as the annual budget submission of the President, the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Natural Resources of the Senate and the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives a list of projects for which the Secretary will provide funding under this section, including a description of each project and the funding profile for the project.
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(d) There is authorized to be appropriated to the Secretary to carry out the activities described in this section $800,000,000 for each of fiscal years 2023 through 2027, of which, in each fiscal year—(1) $640,000,000 is authorized to be appropriated for projects at National Laboratories described in paragraphs (1) through (4) of subsection (a); and(2) $160,000,000 is authorized to be appropriated for projects at National Laboratories described in paragraphs (5) through (7) of that subsection.
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(1) The Secretary shall establish a program to provide Federal financial assistance to eligible entities to support the research, development, demonstration, and deployment of advanced nuclear reactors and associated supply chain infrastructure.
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(2) To the maximum extent practicable, the Secretary shall carry out the program using a competitive, merit-based review process that is consistent with section 16353 of this title.
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(d) In selecting eligible entities to receive Federal financial assistance under the program, the Secretary shall give priority to eligible entities that—(1) plan to carry out projects at or near the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multi-unit facilities that are partially shut down—(A) to support the productive reuse of fossil fuel electric generation facilities that are retired or scheduled to retire; and(B) to sustain and revitalize communities impacted by the closure of fossil fuel electric generation facilities;(2) plan to support nonelectric applications, including supplying heat for—(A) energy storage;(B) hydrogen or other liquid and gaseous fuel or chemical production;(C) industrial processes;(D) desalination technologies and processes;(E) isotope production;(F) district heating; and(G) other applications, as the Secretary determines to be appropriate; and(3) have implemented or demonstrated the ability to successfully implement workforce training or retraining programs to train workers to perform activities relating to the research, development, and demonstration of advanced nuclear reactors.
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(G) other applications, as the Secretary determines to be appropriate; and
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(f) In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary to carry out the program—(1) $75,000,000 for fiscal year 2023;(2) $100,000,000 for fiscal year 2024;(3) $150,000,000 for fiscal year 2025;(4) $225,000,000 for fiscal year 2026; and(5) $250,000,000 for fiscal year 2027.