[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1879 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1879

 To call on the Secretary of Homeland Security to lead a task force to 
   address the threat of foreign government influence and threats to 
    academic research integrity on college campuses, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2019

  Mr. Hawley introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To call on the Secretary of Homeland Security to lead a task force to 
   address the threat of foreign government influence and threats to 
    academic research integrity on college campuses, 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 ``Protect Our Universities Act of 
2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States enjoys one of the most vibrant and 
        open education systems in the world. The free flow of ideas has 
        led to the development of innovative technologies and new modes 
        of thinking. The openness of the system also puts it at risk. 
        Adversaries of the United States take advantage of access to 
        federally funded sensitive research that takes place on the 
        campuses of institutions of higher education.
            (2) According to Alex Joske of the Australian Strategic 
        Policy Institute, there are thousands of scientists with links 
        to China's People's Liberation Army who have traveled to 
        American universities over the last several years. In his 
        report, Joske described the Chinese military's tactic as 
        ``picking flowers in foreign lands to make honey in China''.
            (3) As stated in the January 2018 China's Technology 
        Transfer Strategy report by the Defense Innovation Unit, 
        ``Academia is an opportune environment for learning about 
        science and technology since the cultural values of U.S. 
        educational institutions reflect an open and free exchange of 
        ideas. As a result, Chinese science and engineering students 
        frequently master technologies that later become critical to 
        key military systems, amounting over time to unintentional 
        violations of U.S. export control laws.''.
            (4) In Federal Bureau of Investigation (FBI) Director 
        Wray's view, Chinese nontraditional intelligence collectors 
        ``are exploiting the very open research and development 
        environment that we have, which we all revere. But they're 
        taking advantage of it, so one of the things we're trying to do 
        is view the China threat as not just the whole-of-government 
        threat, but a whole-of-society threat on their end, and I think 
        it's going to take a whole-of-society response by us.''.
            (5) Russia has also attempted to exploit the openness of 
        our university system for intelligence purposes. In 2012, for 
        instance, the Russian Foreign Intelligence Service (SVR) tasked 
        an undercover officer at Columbia University with recruiting 
        classmates or professors who might have access to sensitive 
        information.
            (6) Iran poses a similar threat. In 2012, President Barack 
        Obama signed into law the Iran Threat Reduction and Syria Human 
        Rights Act of 2012 (Public Law 112-158), which prohibited 
        issuance of a student visa to any Iranian who wished to pursue 
        coursework in preparation for a career in the Iranian energy, 
        nuclear science, or nuclear engineering sectors, or related 
        fields.
            (7) The United States recognizes the great value of 
        appropriate openness and the security need of striking a 
        balance with asset protection.
            (8) However, technology and information that could be 
        deemed sensitive to the national security interests of the 
        United States should be given increased scrutiny to determine 
        if access should be restricted in a research environment.
            (9) An open federally funded research environment exposes 
        the United States to the possibility of exchanging research 
        affiliated with current or future critical military 
        technological systems.
            (10) This Act preserves the openness of America's higher 
        education system, while preventing adversaries from exploiting 
        that very system in furtherance of their own repressive 
        agendas.

SEC. 3. TASK FORCE AND SENSITIVE RESEARCH PROJECT DESIGNATION.

    (a) Task Force Established.--Not later than one year after the date 
of enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State and the Director of National 
Intelligence, shall establish the National Security Technology Task 
Force (hereinafter referred to as the ``Task Force'') to address the 
threat of espionage, targeting research and development at institutions 
of higher education that is funded in part or whole by any member 
agency of the Task Force.
    (b) Membership.--
            (1) Designation.--
                    (A) Participation.--The Task Force shall include 
                not more than 30 members as follows:
                            (i) At least 1 representative shall be from 
                        the Department of Homeland Security, designated 
                        by the Secretary of Homeland Security.
                            (ii) The Secretary of Homeland Security 
                        shall coordinate with the following in order to 
                        secure their participation on the Task Force:
                                    (I) The Director of National 
                                Intelligence for at least 1 
                                representative from the intelligence 
                                community.
                                    (II) The United States Attorney 
                                General for at least 1 representative 
                                from the Department of Justice.
                                    (III) The Director of the Federal 
                                Bureau of Investigation for at least 1 
                                representative from the Federal Bureau 
                                of Investigation.
                                    (IV) The Secretary of Energy for at 
                                least 1 representative from the 
                                Department of Energy.
                                    (V) The Secretary of Education for 
                                at least 1 representative from each of 
                                the following offices of the Department 
                                of Education:
                                            (aa) The Office of 
                                        Postsecondary Education.
                                            (bb) The Office of the 
                                        General Counsel.
                                            (cc) Any other office the 
                                        Secretary of Homeland Security 
                                        determines to be appropriate.
                                    (VI) The Secretary of State for at 
                                least 1 representative from the 
                                Department of State.
                                    (VII) The Secretary of Defense for 
                                at least 1 representative from the 
                                Department of Defense.
                                    (VIII) The Director of the National 
                                Institutes of Health for at least 1 
                                representative from the National 
                                Institutes of Health.
                                    (IX) The Director of the Office of 
                                Science and Technology Policy.
                    (B) Equal representation.--Each agency represented 
                on the Task Force shall maintain equal representation 
                with the other agencies on the Task Force.
            (2) Membership list.--Not later than 10 days after the 
        first meeting of the Task Force, the Task Force shall submit to 
        Congress a list identifying each member agency of the Task 
        Force.
    (c) Sensitive Research Topics List.--The Task Force shall maintain 
a list of topics determined sensitive by one or more Task Force member 
agencies. Such list shall be referred to as the ``Sensitive Research 
Topics List'' and be populated and maintained in accordance with the 
following:
            (1) Not later than 90 days after the date of enactment of 
        this Act, each Task Force member agency shall generate an 
        initial list of research topics determined sensitive for 
        national security reasons and submit such list to the Office of 
        the Director of National Intelligence.
            (2) Each Task Force member agency shall update their 
        respective list of sensitive research topics on a 6-month basis 
        and submit changes to the Office of the Director of National 
        Intelligence.
            (3) Task Force member agency inputs described in paragraphs 
        (1) and (2) shall be added to--
                    (A) any item listed on the Commerce Control List 
                (CCL) maintained by the Department of Commerce; and
                    (B) any item listed on the United States Munitions 
                List maintained by the Department of State.
            (4) Not later than 90 days after receipt of Task Force 
        member agency inputs described in paragraphs (1) and (2), the 
        Office of the Director of National Intelligence shall compile 
        the inputs and issue the first Sensitive Research Topics List 
        to all Task Force member agencies. Thereafter, the Office of 
        Directory of National Intelligence shall maintain an updated 
        list of the research topics based on Task Force member agency 
        inputs and any changes to the Commerce Control List and the 
        United States Munitions List, and ensure an updated version of 
        the Sensitive Research Topic Lists is available to all of the 
        Task Force member agencies.
    (d) Sensitive Research Projects List.--The Task Force shall 
maintain a list of projects funded by Task Force member agencies and 
addressing sensitive research topics. Such list shall be referred to as 
the ``Sensitive Research Projects List'' and be populated and 
maintained in accordance with the following:
            (1) Not later than 90 days after the first issuance of the 
        Sensitive Research Topics List, each Task Force member agency 
        shall identify any ongoing or scheduled projects that--
                    (A) receive or are scheduled to receive funding 
                from said agency;
                    (B) involve personnel from an institution of higher 
                education; and
                    (C) address one or more topics found on the 
                Sensitive Research Topics List.
            (2) The Task Force shall collect the following information 
        relevant to each project identified in paragraph (1):
                    (A) The Task Force member agency that is funding 
                the project.
                    (B) Which topic on the Sensitive Research Topics 
                List is addressed by the project.
                    (C) Contact information for the principal 
                investigator on the project.
            (3) The Task Force shall submit the Sensitive Research 
        Projects List, with the required information, to the Office of 
        the Director of National Intelligence, who shall maintain the 
        Sensitive Research Projects List.
            (4) The Sensitive Research Projects List shall be updated 
        in response to any changes to the Sensitive Research Topics 
        List, and--
                    (A) the Office of the Director of National 
                Intelligence shall issue notification to all Task Force 
                member agencies of any changes to the Sensitive 
                Research Topics List resulting from updated inputs from 
                Task Force member agencies or the Commerce Control 
                Lists or United States Munitions List; and
                    (B) each Task Force member agency shall--
                            (i) reinitiate the process detailed in 
                        paragraph (1); and
                            (ii) provide an updated list of agency-
                        funded sensitive research projects to the 
                        Office of the Director of National 
                        Intelligence.
    (e) Consultation With OIG.--The Task Force shall periodically, but 
not less frequently than annually, consult with the Office of the 
Inspector General of the Department of Homeland Security, which shall 
include annual reports to the Office of the Inspector General on the 
activities of the Task Force, with an opportunity for the Office of the 
Inspector General to provide active feedback related to such 
activities.
    (f) Instruction to Institutions of Higher Education.--Not less 
frequently than annually, the Task Force shall provide relevant 
instruction to institutions of higher education at which research 
projects on the Sensitive Research Projects List are being carried out. 
Such instruction shall provide the institutions of higher education 
with information related to the threat posed by espionage, best 
practices identified by the Task Force, and, to the extent possible, 
any specific risks that the intelligence community, the qualified 
funding agency, or law enforcement entities determine appropriate to 
share with the institutions.
    (g) Report to Congress.--Not later than one year after the date of 
enactment of this Act, and every 6 months thereafter, the Task Force 
shall provide a report to the Committee on Homeland Security and 
Governmental Affairs, the Committee on Health, Education, Labor, and 
Pensions, the Committee on Armed Services, and the Select Committee on 
Intelligence of the Senate and to the Committee on Homeland Security, 
the Committee on Education and Labor, the Committee on Armed Services, 
and the Permanent Select Committee on Intelligence of the House of 
Representatives, regarding the threat of espionage at institutions of 
higher education. In each such briefing, the Task Force shall identify 
actions that may be taken to reduce espionage carried out through 
student participation in sensitive research projects. The Task Force 
shall also include in this report an assessment of whether the current 
licensing regulations relating to the International Traffic in Arms 
Regulations and the Export Administration Regulations are sufficient to 
protect the security of the projects listed on the Sensitive Research 
Projects List.

SEC. 4. FOREIGN STUDENT PARTICIPATION IN SENSITIVE RESEARCH PROJECTS.

    (a) Approval of Foreign Student Participation Required.--
            (1) In general.--Beginning on the date that is one year 
        after the date of enactment of this Act, for each project on 
        the Sensitive Research Projects List that is open to student 
        participation, the head of such project at the institution of 
        higher education at which the project is being carried out 
        shall--
                    (A) obtain proof of citizenship from any student 
                participating or expected to participate in such 
                project before the student is permitted to participate 
                in such project; and
                    (B) for any student who is a citizen of a country 
                identified in subsection (b), submit the required 
                information, to be defined in coordination with the 
                office designated by the Task Force to perform the 
                background screening, to their grantmaking agency, who 
                shall transmit that information in a standardized 
                format, to be stipulated in coordination with the 
                office designated by the Task Force to perform the 
                background screening, to the office designated by the 
                Task Force to perform the background screening.
            (2) Background screening.--An office designated by the Task 
        Force shall perform a background screening of a student 
        described in paragraph (1) and approve or deny the student's 
        participation in the relevant project within 90 days of initial 
        receipt of the information described in paragraph (1)(B), and--
                    (A) the scope of any such screening shall be 
                determined by the designated office in consultation 
                with the Task Force, with reference to the specific 
                project and the requirements of the grantmaking agency;
                    (B) the Secretary of Homeland Security, as head of 
                the Task Force, shall retain authority to delay 
                approval or denial of a student's participation in a 
                sensitive research project in 30-day increments, as 
                needed in coordination with Task Force member agencies; 
                and
                    (C) institutions of higher education shall maintain 
                the right to petition findings and contest the outcome 
                of a screening.
    (b) List of Citizenship Requiring Approval.--Approval under 
subsection (a) shall be required for any student who is a citizen of a 
country that is one of the following:
            (1) The People's Republic of China.
            (2) The Russian Federation.
            (3) The Islamic Republic of Iran.

SEC. 5. FOREIGN ENTITIES.

    (a) List of Foreign Entities That Pose an Intelligence Threat.--Not 
later than one year after the date of the enactment of this Act, the 
Secretary of Homeland Security shall coordinate with the Director of 
National Intelligence to identify foreign entities, including 
governments, corporations, nonprofit and for-profit organizations, and 
any subsidiary or affiliate of such an entity, that the Director 
determines pose a threat of espionage with respect to sensitive 
research projects, and shall develop and maintain a list of such 
entities. The Director may add or remove entities from such list at any 
time. The initial list developed by the Director shall include the 
following entities (including any subsidiary or affiliate):
            (1) Huawei Technologies Company.
            (2) ZTE Corporation.
            (3) Hytera Communications Corporation.
            (4) Hangzhou Hikvision Digital Technology Company.
            (5) Dahua Technology Company.
            (6) Kaspersky Lab.
            (7) Any entity that is owned or controlled by, or otherwise 
        has demonstrated financial ties to, the government of a country 
        identified under section 4(b).
    (b) Notice to Institutions of Higher Education.--The Secretary of 
Homeland Security shall make the initial list required under subsection 
(a) in coordination with the Director of National Intelligence, and any 
changes to such list, available to the Task Force and the head of each 
qualified funding agency as soon as practicable. The Secretary of 
Homeland Security shall provide such initial list and subsequent 
amendments to each institution of higher education at which a project 
on the Sensitive Research Projects List is being carried out.
    (c) Prohibition on Use of Certain Technologies.--Beginning on the 
date that is one year after the date of the enactment of this Act, the 
head of each sensitive research project shall, as a condition of 
receipt of funds from the Department of Homeland Security, certify to 
the Secretary of Homeland Security, beginning on the date that is 2 
years after the date of the enactment of this Act, any technology 
developed by an entity included on the list maintained under subsection 
(a) shall not be utilized in carrying out the sensitive research 
project.

SEC. 6. ENFORCEMENT.

    The Secretary of Homeland Security shall take such steps as may be 
necessary to enforce the provisions of sections 4 and 5 of this Act. 
Upon determination that the head of a sensitive research project has 
failed to meet the requirements of either section 4 or section 5, the 
Secretary of Homeland Security may determine the appropriate 
enforcement action, including--
            (1) imposing a probationary period, not to exceed 6 months, 
        on the head of such project, or on the project;
            (2) reducing or otherwise limiting the funding for such 
        project until the violation has been remedied;
            (3) permanently cancelling the funding for such project; or
            (4) any other action the head of the qualified funding 
        agency determines to be appropriate.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Citizen of a country.--The term ``citizen of a 
        country,'' with respect to a student, includes all countries in 
        which the student has held or holds citizenship or holds 
        permanent residency.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' means an institution 
        described in section 102 of the Higher Education Act of 1965 
        (20 U.S.C. 1002) that receives Federal funds in any amount and 
        for any purpose.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (4) Qualified funding agency.--The term ``qualified funding 
        agency'', with respect to a sensitive research project, means--
                    (A) the Department of Defense, if the sensitive 
                research project is funded in whole or in part by the 
                Department of Defense;
                    (B) the Department of Energy, if the sensitive 
                research project is funded in whole or in part by the 
                Department of Energy; or
                    (C) an element of the intelligence community, if 
                the sensitive research project is funded in whole or in 
                part by the element of the intelligence community.
            (5) Sensitive research project.--The term ``sensitive 
        research project'' means a research project at an institution 
        of higher education that is funded by a Task Force member 
        agency, except that such term shall not include any research 
        project that is classified or that requires the participants in 
        such project to obtain a security clearance.
            (6) Student participation.--The term ``student 
        participation'' means any student activity of a student with 
        access to sensitive research project-specific information for 
        any reason.
                                 <all>