[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Page S3615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2591. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 5515, to authorize appropriations for fiscal year 
2019 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. ___. ACADEMIC COUNTER EXPLOITATION WORKING GROUP.

       (a) Establishment.--
       (1) In general.--The Secretary of Defense and the Director 
     of the Federal Bureau of Investigation, in consultation with 
     the Director of the Defense Security Service and the 
     Secretary of Homeland Security, shall establish a working 
     group to develop best practices and provide guidelines for 
     tier I research institutions of higher education--
       (A) to identify threats to sensitive research and 
     technology from foreign nationals who study, research, or 
     teach at such institutions;
       (B) to limit or prohibit access to such research and 
     technology by such foreign nationals; and
       (C) to prevent the unlawful transfer of such research and 
     technology to such foreign nationals.
       (2) Designation.--The working group established under 
     paragraph (1) shall be known as the ``Academic Counter 
     Exploitation Working Group'' (in this section the ``Working 
     Group'').
       (b) Composition.--
       (1) In general.--The Working Group shall be composed of the 
     following:
       (A) The Secretary of Defense.
       (B) The Director of the Federal Bureau of Investigation.
       (C) The chief research security officers and chief 
     information security officers from such tier I research 
     institutions of higher learning as the Secretary of Defense, 
     in consultation with the Secretary of Homeland Security, 
     shall select for purposes of this section.
       (2) Requirements.--In selecting research institutions of 
     higher education under this subsection, the Secretary of 
     Defense and the Secretary of Homeland Security shall jointly 
     select institutions of higher education that the Secretaries 
     determine demonstrate a record of excellence in industrial 
     security and counterintelligence in academia and in research 
     and development.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Working Group shall submit to 
     the appropriate committees of Congress a report on the 
     activities of the Working Group.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the activities conducted and the 
     progress made by the Working Group.
       (B) The findings of the Working Group.
       (C) Such recommendations as the Working Group may have for 
     legislative or administrative action.
       (D) Identification and discussion of the gaps in legal 
     authorities that need to be improve to enhance the security 
     of tier I research institutions of higher education.
       (E) A description of the actions taken by such institutions 
     to comply with the best practices and guidelines established 
     by the Working Group.
       (3) Form.--The report submitted under paragraph (1) shall 
     be submitted in classified form.
       (d) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services, Permanent Select 
     Committee on Intelligence, and the Committee on Homeland 
     Security of the House of Representatives.
       (2) 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).
       (3) The term ``tier I'' with respect to an institution of 
     higher education means the institution of higher education 
     has the highest research activity, as defined by the Carnegie 
     Classification of Institutions of Higher Education.
                                 ______