[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Page S2793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1533. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle A of title I of division C, add the 
     following:

     SEC. 3102. ADDRESSING RISK POSED BY CERTAIN COUNTRIES WITH 
                   RESPECT TO RESEARCH AND DEVELOPMENT.

       (a) Definitions.--In this section:
       (1) Country of risk.--
       (A) In general.--The term ``country of risk'' means a 
     foreign country the Secretary of Energy determines 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 participate in any research, 
     development, demonstration, or deployment activity authorized 
     under this Act or an amendment made by this Act.
       (B) Consultations and considerations.--In making 
     determinations with respect to countries of risk under 
     subparagraph (A), the Secretary shall--
       (i) consult with the Director, the Director of the Office 
     of Science and Technology Policy, and the National Security 
     Council; and
       (ii) 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.

       (2) National.--The term ``national'' has the meaning given 
     that term in section 101 of the Immigration and Nationality 
     Act (8 U.S.C. 1101).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Science and Technology Risk Matrix.--
       (1) In general.--The Secretary, in coordination with the 
     Director and the Director of the Office of Science and 
     Technology Policy, shall develop and maintain a Science and 
     Technology Risk Matrix for any research, development, 
     demonstration, or deployment activity authorized under this 
     Act or an amendment made by this Act to facilitate 
     determinations of the risk of theft of United States 
     intellectual property or threat to the national security of 
     the United States posed by each such activity.
       (2) Content and implementation.--The matrix developed under 
     paragraph (1) shall be developed, maintained, and used in a 
     manner consistent with Department of Energy Order 142.3B (as 
     in effect on the day before the date of the enactment of this 
     Act).
       (c) Prohibition on Nationals of Countries of Risk 
     Participating in Research and Development Activities.--
       (1) In general.--A national of a country of risk may not 
     participate in any research, development, demonstration, or 
     deployment activity authorized under this Act or an amendment 
     made by this Act.
       (2) Penalties.--Any person that receives funds authorized 
     to be appropriated or otherwise made available by this Act 
     that is found to be in violation of paragraph (1) shall be 
     prohibited from receiving Federal funding for a period of 10 
     years after being found in violation of paragraph (1).
       (d) Entity of Concern Prohibition.--
       (1) In general.--No entity described in paragraph (2) or 
     person affiliated with such an entity may receive or 
     participate in any grant, award, program, support, or other 
     activity authorized under this Act or an amendment made by 
     this Act.
       (2) Entities described.--An entity described in this 
     paragraph is any entity--
       (A) identified 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);
       (B) identified under section 1260H of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283); or
       (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.
       (e) Report Required.--Not later than 240 days after the 
     date of the enactment of this Act, the Secretary and the 
     Director shall jointly submit to Congress a report that--
       (1) describes--
       (A) the extent to which nationals of countries of risk are 
     participating in research and development activities of the 
     Department of Energy or the Foundation; and
       (B) the disciplines of those research and development 
     activities;
       (2) includes a mitigation plan for ensuring nationals of 
     countries of risk do not participate in any future or ongoing 
     research and development activities of the Department of 
     Energy or the Foundation; and
       (3) defines critical research areas, classified by risk, as 
     determined by the Secretary and the Director.
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