[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8346 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8346

   To protect federally funded academic research from undue foreign 
 influences and threats by better informing the academic and research 
 communities about such influences and threats, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2020

Mr. Reschenthaler (for himself, Mr. Trone, and Ms. Houlahan) introduced 
 the following bill; which was referred to the Committee on Education 
    and Labor, and in addition to the Committees on Armed Services, 
 Intelligence (Permanent Select), Foreign Affairs, and the Judiciary, 
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 protect federally funded academic research from undue foreign 
 influences and threats by better informing the academic and research 
 communities about such influences and threats, 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 ``Academic Research Protection Act''.

SEC. 2. DESIGNATION OF ACADEMIC LIAISON TO PROTECT AGAINST EMERGING 
              THREATS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, acting through the 
Under Secretary of Defense for Research and Engineering, shall take the 
following actions:
            (1) Designate an official serving within the Office of the 
        Under Secretary of Defense for Research and Engineering to work 
        with the academic and research communities to protect academic 
        research funded by the Department of Defense from undue foreign 
        influences and threats.
            (2) Set forth the responsibilities of the official 
        designated under paragraph (1), including--
                    (A) serving as the liaison of the Department of 
                Defense with the academic and research communities;
                    (B) carrying out initiatives of the Department 
                related to the protection of academic research funded 
                by the Department from undue foreign influences and 
                threats, including the initiative established under 
                section 1286 of the National Defense Authorization Act 
                for Fiscal Year 2019 (10 U.S.C. 2358 note);
                    (C) not less frequently than once a year, 
                conducting outreach and education activities for the 
                academic and research community about undue foreign 
                influences and threats to academic research that is 
                funded by the Department;
                    (D) coordinating and aligning the policies relating 
                to academic research security of--
                            (i) the elements of the Department 
                        specified in section 111(b) of title 10, United 
                        States Code;
                            (ii) the intelligence community;
                            (iii) Federal science agencies;
                            (iv) the Office of Science and Technology 
                        Policy; and
                            (v) Federal regulatory agencies; and
                    (E) working with the intelligence community to the 
                maximum extent practicable to share with the academic 
                and research communities, at least annually, 
                unclassified information, including counterintelligence 
                information, on threats from undue foreign influences.
    (b) Rule of Construction.--Nothing in this section shall be 
construed as authorizing the official designated under subsection 
(a)(1) to classify academic research in a manner that is inconsistent 
with the policies of the Department of Defense or the National Security 
Decision Directive Numbered 189 of September 21, 1985, titled 
``National Policy on the Transfer of Scientific, Technical and 
Engineering Information'', or any successor directive.

SEC. 3. NATIONAL COMMISSION ON ACADEMIC RESEARCH PROTECTION.

    (a) Establishment.--There is established in the executive branch an 
independent commission, to be known as the ``National Commission on 
Academic Research Protection'' (in this section referred to as the 
``Commission''), to address concerns related to undue foreign influence 
at institutions of higher education conducting federally funded 
research and development.
    (b) Treatment.--The Commission shall be considered an independent 
establishment (as defined in section 104 of title 5, United States 
Code).
    (c) Membership.--
            (1) Composition.--The Commission shall be composed of 30 
        members, as follows:
                    (A) The Director of the Office of Science and 
                Technology.
                    (B) The National Security Advisor (or a designee).
                    (C) The Director of National Intelligence (or a 
                designee).
                    (D) The Director of the National Science Foundation 
                (or a designee).
                    (E) The Secretary of Commerce (or a designee).
                    (F) The Secretary of State (or a designee).
                    (G) The Secretary of Defense (or a designee).
                    (H) The Secretary of Homeland Security (or a 
                designee).
                    (I) The Secretary of Health and Human Services (or 
                a designee).
                    (J) The Secretary of Energy (or a designee).
                    (K) The Secretary of Education (or a designee).
                    (L) The Secretary of Agriculture (or a designee).
                    (M) The Administrator of the National Aeronautics 
                and Space Administration (or a designee).
                    (N) The Archivist of the National Archives and 
                Records Administration (or a designee).
                    (O) The Attorney General (or a designee).
                    (P) Twelve individuals who are employed by 
                institutions of higher education and have demonstrated 
                expertise relevant to the duties of the Commission 
                described in subsection (e).
                    (Q) Three individuals who have expertise relevant 
                to the duties of the Commission described in subsection 
                (e) and are each employed by a different organization 
                that represents institutions of higher education 
                conducting federally funded research and development 
                and that focuses, at least in part, on academic 
                research and development of security policy.
            (2) Appointments.--
                    (A) House of representatives appointments.--
                            (i) In general.--The Speaker of the House 
                        of Representatives and the minority leader of 
                        the House of Representatives shall jointly 
                        appoint 6 of the members described in paragraph 
                        (1)(P).
                            (ii) Consultation.--The Speaker of the 
                        House of Representatives and the minority 
                        leader of the House of Representatives shall 
                        make the appointments described in clause (i) 
                        in consultation with the Chairman and Ranking 
                        Member of each of--
                                    (I) the Committee on Agriculture of 
                                the House of Representatives;
                                    (II) the Committee on 
                                Appropriations of the House of 
                                Representatives;
                                    (III) the Committee on Armed 
                                Services of the House of 
                                Representatives;
                                    (IV) the Committee on Education and 
                                Labor of the House of Representatives;
                                    (V) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives;
                                    (VI) the Committee on Foreign 
                                Affairs of the House of 
                                Representatives;
                                    (VII) the Committee on Homeland 
                                Security of the House of 
                                Representatives;
                                    (VIII) the Committee on the 
                                Judiciary of the House of 
                                Representatives;
                                    (IX) the Committee on Science, 
                                Space, and Technology of the House of 
                                Representatives; and
                                    (X) the Permanent Select Committee 
                                on Intelligence of the House of 
                                Representatives.
                    (B) Senate appointments.--
                            (i) In general.--The majority leader of the 
                        Senate and the minority leader of the Senate 
                        shall jointly appoint 6 of the members 
                        described in paragraph (1)(P).
                            (ii) Consultation.--The majority leader of 
                        the Senate and the minority leader of the 
                        Senate shall make the appointments described in 
                        clause (i) in consultation with the Chairman 
                        and Ranking Member of each of--
                                    (I) the Committee on Agriculture, 
                                Nutrition, and Forestry of the Senate;
                                    (II) the Committee on 
                                Appropriations of the Senate;
                                    (III) the Committee on Armed 
                                Services of the Senate;
                                    (IV) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate;
                                    (V) the Committee on Foreign 
                                Relations of the Senate;
                                    (VI) the Committee on Health, 
                                Education, Labor, and Pensions of the 
                                Senate;
                                    (VII) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate;
                                    (VIII) the Committee on the 
                                Judiciary of the Senate; and
                                    (IX) the Select Committee on 
                                Intelligence of the Senate.
                    (C) Joint congressional appointments.--The Speaker 
                of the House of Representatives, the minority leader of 
                the House of Representatives, the majority leader of 
                the Senate, and the minority leader of the Senate shall 
                jointly appoint the members described in paragraph 
                (1)(Q).
                    (D) Clearance.--To be eligible to be appointed as a 
                member of, or employed by, the Commission, an 
                individual must possess a security clearance that the 
                Secretary of Defense determines sufficient to afford 
                such individual access to the information necessary to 
                carry out the responsibilities of a member or the 
                position in which such individual will be employed, as 
                applicable.
            (3) Terms.--Each member appointed under paragraph (2) shall 
        be appointed to a term of 4 years.
            (4) Vacancies.--A vacancy in the Commission shall not 
        affect its powers and shall be filled in the same manner as the 
        original appointment was made.
            (5) Officers.--
                    (A) Chair.--The members shall elect by majority 
                vote one of the members described in subparagraphs (P) 
                or (Q) of paragraph (1) to serve as the Chair.
                    (B) Vice chair.--The members shall elect by 
                majority vote one of the members described in 
                subparagraphs (A) through (O) of paragraph (1) to serve 
                as the Vice Chair.
    (d) Subcommittees.--The Chair, in consultation with the Vice Chair, 
may establish subcommittees to focus on particular topics that are of 
interest to the Commission.
    (e) Duties.--The responsibilities of the Commission shall include 
the following:
            (1) The Commission shall serve as the forum for 
        communication between institutions of higher education, Federal 
        law enforcement agencies, Federal counterintelligence agencies, 
        and the intelligence community regarding undue foreign 
        influence on, and threats to, federally funded academic 
        research and development.
            (2) Not later than six months after the date of the 
        enactment of this Act, and not less than once every six months 
        thereafter, the Commission shall meet to review the 
        intelligence regarding--
                    (A) undue foreign influence on, and threats to, 
                federally funded academic research and development;
                    (B) efforts by foreign entities to recruit students 
                or employees of institutions of higher education;
                    (C) specific technologies relevant to institutions 
                of higher education that foreign entities may seek to 
                exploit; and
                    (D) national security and research security issues 
                related to foreign students attending institutions of 
                higher education in the United States.
            (3) The Commission shall develop, and update as warranted, 
        methods for educating the academic community in the United 
        States, including faculty and researchers, in an unclassified 
        manner about undue foreign influence on, and threats to, 
        federally funded academic research and development.
            (4) The Commission shall develop, and update as warranted, 
        recommendations to facilitate the coordination of Federal 
        agency outreach, education, disclosure, and regulatory efforts 
        which affect federally funded research and development at 
        institutions of higher education.
            (5) Not later than one year after the date of the enactment 
        of this Act, and annually thereafter, the Commission shall 
        review the adequacy of Federal disclosure policies for 
        federally funded academic research and development for 
        protecting such research and development from undue foreign 
        influence and threats.
            (6) Not later than one year after the date of the enactment 
        of this Act, and annually thereafter, the Commission shall 
        review the adequacy of Federal export control regulations for 
        protecting federally funded academic research and development 
        that is subject to such regulations from undue foreign 
        influence and threats.
            (7) Not later than one year after the date of the enactment 
        of this Act, and annually thereafter, the Commission shall 
        submit to the President and Congress in an unclassified form, 
        but which may contain a classified annex, a report containing 
        recommendations on protecting federally funded academic 
        research from undue foreign influence and threats while 
        maintaining an open and collaborative research environment at 
        institutions of higher education.
            (8) Not later than 30 days after the date on which the 
        Commission submits a report under paragraph (7), the Commission 
        shall make such report publicly available in an unclassified 
        form.
            (9) Any other matters that the Commission determines to be 
        relevant to protecting federally funded academic research and 
        development from undue foreign influence and threats.
    (f) Obtaining Official Data.--On request of the Chair, made in 
consultation with the Vice Chair, any head of a Federal agency shall 
furnish directly to the Commission any information necessary to enable 
the Commission to carry out this section.
    (g) Authorization of Appropriations.--For fiscal year 2021 and for 
each fiscal year thereafter, there is authorized to be appropriated 
$5,000,000, to remain available until expended, for the Commission to 
carry out its duties.
    (h) Termination.--The Commission shall terminate on the date that 
is 10 years after the date on which the Commission conducts the initial 
meeting described in subsection (e)(2).

SEC. 4. INITIATIVES TO PROTECT ACADEMIC RESEARCH FROM FOREIGN THREATS.

    (a) Information Sharing With Institutions of Higher Education.--
            (1) In general.--Not later than the date that is 180 days 
        after the date of the enactment of this section, the Director 
        of National Intelligence, in consultation with the National 
        Commission on Academic Research Protection, shall establish an 
        unclassified online clearinghouse to consolidate and make 
        publicly available--
                    (A) open source intelligence relating to foreign 
                threats to institutions of higher education or the 
                faculty thereof, academic researchers, and academic 
                scholars; and
                    (B) guidance and other publications regarding the 
                foreign threats described in subparagraph (A) that are 
                issued by Federal agencies.
            (2) Intelligence classification.--Intelligence routinely 
        classified or restricted above the level of controlled 
        unclassified information may not be made available through the 
        clearinghouse described in paragraph (1).
    (b) International Traffic in Arms Regulation Guidance.--Beginning 
not later than the date that is 180 days after the date of the 
enactment of this section, the Secretary of State, in coordination with 
the Secretary of Commerce, and in consultation with the National 
Commission on Academic Research Protection and the Export Enforcement 
Coordination Center, shall--
            (1) develop, issue, and regularly update export control 
        guidance for institutions of higher education on compliance 
        with the International Traffic in Arms Regulations, including 
        guidance, support documentation, and training materials 
        encouraging and assisting such institutions to perform periodic 
        internal assessments of the risk of not complying with such 
        regulations; and
            (2) at least annually, conduct outreach activities 
        exclusively for the academic community that promote 
        understanding and compliance with the International Traffic 
        Arms Regulations.
    (c) Export Administration Regulation Guidance.--Beginning not later 
than the date that is 180 days after the date of the enactment of this 
section, the Secretary of Commerce, in coordination with the Secretary 
of State, and in consultation with the National Commission on Academic 
Research Protection and the Export Enforcement Coordination Center, 
shall--
            (1) develop, issue, and regularly update export control 
        guidance for institutions of higher education on compliance 
        with the Export Administration Regulations, including guidance, 
        support documentation, and training materials encouraging and 
        assisting such institutions to perform periodic internal 
        assessments of the risk of not complying with such regulations; 
        and
            (2) at least annually, conduct outreach activities 
        exclusively for the academic community that promote 
        understanding and compliance with the Export Administration 
        Regulations.
    (d) Federal Bureau of Investigation Information Outreach.--
            (1) In general.--Not later than the date that is 180 days 
        after the date of the enactment of this section, the Director 
        of the Federal Bureau of Investigation, in consultation with 
        the National Commission on Academic Research Protection, shall 
        develop and implement in the headquarters and all of the field 
        offices of the Bureau an outreach strategy to inform 
        institutions of higher education about the availability of 
        information on threats against such institutions, including 
        information about threats to federally funded research and 
        development carried out by such institutions.
            (2) Report.--Not later than one year after the date of the 
        enactment of this section, and annually thereafter, the 
        Director of the Federal Bureau of Investigation shall issue, 
        and make publicly available on a website, a report on the 
        outreach strategy described in paragraph (1).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Export administration regulations.--The term ``Export 
        Administration Regulations'' means those regulations contained 
        in parts 730 through 774 of title 15, Code of Federal 
        Regulations (or successor regulations).
            (2) Export enforcement coordination center.--The term 
        ``Export Enforcement Coordination Center'' means the 
        organization established under Executive Order 13558, titled 
        ``Export Enforcement Coordination Center'' (75 Fed. Reg. 
        69573).
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (4) Federal regulatory agencies.--The term ``Federal 
        regulatory agencies'' means the Department of Defense, the 
        Department of Commerce, the Department of State, the Department 
        of Justice, the Department of Energy, the Department of the 
        Treasury, the Department of Homeland Security, and the National 
        Archives and Records Administration.
            (5) Federal science agencies.--The term ``Federal science 
        agencies'' means each Federal agency that obligated or expended 
        not less than $100,000,000 in the previous fiscal year for 
        research and development.
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (7) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (8) International traffic in arms regulations.--The term 
        ``International Traffic in Arms Regulations'' means those 
        regulations contained in parts 120 through 130 of title 22, 
        Code of Federal Regulations (or successor regulations).
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