[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3038 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3038

To establish an interagency working group to coordinate activities and 
   develop policy guidance to protect federally funded research and 
     development from foreign interference, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 30, 2019

  Ms. Sherrill (for herself, Mr. Gonzalez of Ohio, Mr. Langevin, Ms. 
Stefanik, Ms. Johnson of Texas, and Mr. Lucas) introduced the following 
   bill; which was referred to the Committee on Science, Space, and 
 Technology, and in addition to the Committee on Armed Services, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish an interagency working group to coordinate activities and 
   develop policy guidance to protect federally funded research and 
     development from foreign interference, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing American Science and 
Technology Act of 2019''.

SEC. 2. INTERAGENCY WORKING GROUP.

    (a) In General.--The Director of the Office of Science and 
Technology Policy (OSTP), acting through the National Science and 
Technology Council (NSTC), in consultation with the National Security 
Advisor, shall establish an interagency working group to coordinate 
activities to protect federally funded research and development from 
foreign interference, cyberattacks, theft, or espionage and to develop 
common definitions and best practices for Federal science agencies and 
grantees, while accounting for the importance of the open exchange of 
ideas and international talent required for scientific progress and 
American leadership in science and technology.
    (b) Membership.--
            (1) In general.--The working group shall include a 
        representative of each--
                    (A) the National Science Foundation;
                    (B) the Department of Energy;
                    (C) the National Aeronautics and Space 
                Administration;
                    (D) the National Institute of Standards and 
                Technology;
                    (E) the Department of Commerce;
                    (F) the National Institutes of Health;
                    (G) the Department of Defense;
                    (H) the Department of Agriculture;
                    (I) the Department of Education;
                    (J) the Department of State;
                    (K) the Department of the Treasury;
                    (L) the Department of Justice;
                    (M) the Department of Homeland Security;
                    (N) the Central Intelligence Agency;
                    (O) the Federal Bureau of Investigation;
                    (P) the Office of the Director of National 
                Intelligence;
                    (Q) the Office of Management and Budget;
                    (R) the National Economic Council; and
                    (S) such other Federal department or agency as the 
                President considers appropriate.
            (2) Chair.--The working group shall be chaired by the 
        Director of the Office of Science and Technology Policy (or the 
        Director's designee).
    (c) Responsibilities of the Working Group.--The working group 
established under subsection (a) shall--
            (1) identify and track known and potential cyber, physical, 
        and human intelligence threats and vulnerabilities within the 
        United States scientific and technological enterprise;
            (2) coordinate efforts among agencies to share important 
        information, including specific examples of foreign 
        interference, cyberattacks, theft, or espionage directed at 
        federally funded research and development or the integrity of 
        the United States scientific enterprise;
            (3) identify and assess existing mechanisms for control of 
        federally funded research and development;
            (4) develop an inventory of--
                    (A) terms and definitions used across Federal 
                science agencies to delineate areas that may require 
                additional control; and
                    (B) policies and procedures at Federal science 
                agencies regarding control of federally funded 
                research; and
            (5) develop and periodically update unclassified policy 
        guidance to assist Federal science agencies and grantees in 
        defending against threats to federally funded research and 
        development and the integrity of the United States scientific 
        enterprise that--
                    (A) includes--
                            (i) descriptions of known and potential 
                        threats to federally funded research and 
                        development and the integrity of the United 
                        States scientific enterprise;
                            (ii) common definitions and terminology for 
                        classification of research and technologies 
                        that are controlled;
                            (iii) identified areas of research or 
                        technology that might require additional 
                        controls;
                            (iv) recommendations for how control 
                        mechanisms can be utilized to protect federally 
                        funded research and development from foreign 
                        interference, cyberattacks, theft or espionage, 
                        including any recommendations for updates to 
                        existing control mechanisms;
                            (v) recommendations for best practices for 
                        Federal science agencies and grantees to defend 
                        against such threats;
                            (vi) assessments of potential consequences 
                        that any proposed practices would have on 
                        international collaboration and United States 
                        leadership in science and technology; and
                            (vii) a classified addendum as necessary to 
                        further inform Federal science agency 
                        decisionmaking; and
                    (B) accounts for the range of needs across 
                different sectors of the United States science and 
                technology enterprise.
    (d) Coordination With National Academies Roundtable.--The Director 
of the Office of Science and Technology Policy shall coordinate with 
the Academies to ensure that at least one member of the interagency 
working group is also a member of the roundtable under section 3.
    (e) Interim Report.--Not later than 6 months after the date of 
enactment of this Act, the Director of the Office of Science and 
Technology Policy shall provide a report to the relevant Committees 
that includes the inventory required under subsection (c)(4), and an 
update on progress toward developing the policy guidance required under 
subsection (c)(5), as well as any additional activities undertaken by 
the working group in that time.
    (f) Biennial Reporting.--Two years after the date of enactment of 
this Act, and at least every 2 years thereafter, the Director of the 
Office of Science and Technology Policy shall provide a summary report 
to the relevant Committees on the activities of the working group and 
the most current version of the policy guidance required under 
subsection (c)(5).

SEC. 3. NATIONAL ACADEMIES SCIENCE, TECHNOLOGY, AND SECURITY 
              ROUNDTABLE.

    (a) In General.--The National Science Foundation, the Department of 
Energy, and the Department of Defense, and any other agencies as 
determined by the Director of the Office of Science and Technology 
Policy, shall enter into a joint agreement with the Academies to create 
a new ``National Science, Technology, and Security Roundtable'' 
(hereinafter in this section referred to as the ``roundtable'').
    (b) Participants.--The roundtable shall include senior 
representatives and practitioners from Federal science, intelligence, 
and national security agencies, law enforcement, as well as key 
stakeholders in the United States scientific enterprise including 
institutions of higher education, Federal research laboratories, 
industry, and non-profit research organizations.
    (c) Purpose.--The purpose of the roundtable is to facilitate among 
participants--
            (1) exploration of critical issues related to protecting 
        United States national and economic security while ensuring the 
        open exchange of ideas and international talent required for 
        scientific progress and American leadership in science and 
        technology;
            (2) identification and consideration of security threats 
        and risks involving federally funded research and development, 
        including foreign interference, cyberattacks, theft, or 
        espionage;
            (3) identification of effective approaches for 
        communicating the threats and risks identified in paragraph (2) 
        to the academic and scientific community, including through the 
        sharing of unclassified data and relevant case studies;
            (4) sharing of best practices for addressing and mitigating 
        the threats and risks identified in paragraph (2); and
            (5) examination of potential near- and long-term responses 
        by the government and the academic and scientific community to 
        mitigate and address the risks associated with foreign threats.
    (d) Report and Briefing.--The joint agreement under subsection (a) 
shall specify that--
            (1) the roundtable shall periodically organize workshops 
        and issue publicly available reports on the topics described in 
        subparagraph (c) and the activities of the roundtable; and
            (2) not later than March 1, 2020, the Academies shall 
        provide a briefing to relevant Committees on the progress and 
        activities of the roundtable.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section from fiscal year 2020 to 2024--
            (1) the Director of the National Science Foundation, 
        $2,000,000;
            (2) the Secretary of Energy, $1,500,000; and
            (3) the Secretary of Defense, $1,500,000.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Academies.--The term ``Academies'' means the National 
        Academies of Science, Engineering and Medicine.
            (2) Federal science agency.--The term ``Federal science 
        agency'' means any Federal agency with at least $100,000,000 in 
        basic and applied research obligations in fiscal year 2018.
            (3) Grantee.--The term ``grantee'' means an entity that 
        is--
                    (A) a recipient of a Federal grant; and
                    (B) an institution of higher education or a non-
                profit organization.
            (4) Relevant committees.--The term ``relevant Committees'' 
        means--
                    (A) the Committee on Science, Space, and Technology 
                of the House of Representatives;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Armed Services of the House of 
                Representatives; and
                    (D) the Committee on Armed Services of the Senate.
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