[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Page S3250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1802. Mr. RUBIO (for himself, Mr. Burr, Mr. Risch, Mr. Blunt, Mr. 
Cotton, Mr. Cornyn, and Mr. Sasse) 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 appropriate place, insert the following:

     SEC. __. COUNTERINTELLIGENCE AND NATIONAL SECURITY 
                   PROTECTIONS.

       (a) Counterintelligence Screening Process.--
       (1) Establishment.--The Director of National Intelligence, 
     the Director of the National Counterintelligence and Security 
     Center, and the Director of the Federal Bureau of 
     Investigation shall jointly establish a counterintelligence 
     screening process to protect the United States against 
     efforts of China and other foreign entities to engage in 
     economic espionage and to misappropriate United States 
     intellectual property, research and development, and 
     innovation efforts.
       (2) Functions.--Subject to the joint direction and control 
     of the Director of National Intelligence, the Director of the 
     National Counterintelligence and Security Center, and the 
     Director of the Federal Bureau of Investigation, the 
     counterintelligence screening process established under 
     paragraph (1) shall assess and screen all funds provided 
     under this Act (including grants awarded under this Act) for 
     potential national security threats.
       (3) Funding.--Amounts required to carry out the process 
     established under paragraph (1) shall be derived from amounts 
     appropriated to carry out this Act.
       (b) Protections.--
       (1) Certification required for receipt of amounts.--
     Notwithstanding any other provision of this Act, no person 
     may receive any amount (including an amount as part of a 
     grant awarded under this Act) or purchase, lease, or 
     otherwise obtain any intellectual property developed through 
     a grant awarded under this Act, unless the Director of 
     National Intelligence, the Director of the National 
     Counterintelligence and Security Center, and the Director of 
     the Federal Bureau of Investigation jointly certify that the 
     person has sufficient protections in place to protect against 
     misappropriation of United States intellectual property, 
     research and development, and innovation efforts, and other 
     threats from foreign governments and other entities.
       (2) Certification requirements.--Notwithstanding any other 
     provision of this Act, no certification may be made under 
     paragraph (1) with respect to a person unless such person 
     discloses to the Director of National Intelligence, the 
     Director of the National Counterintelligence and Security 
     Center, and the Director of the Federal Bureau of 
     Investigation the following:
       (A) Any funding received by the person from a foreign 
     source during the most recent 10-year period.
       (B) Any financial or in-kind support received by the person 
     from any entity--
       (i) owned or controlled by the Government of the People's 
     Republic of China; or
       (ii) in which the Government of the People's Republic of 
     China has an ownership interest.
       (C) Any participation of the person in a foreign government 
     talent recruitment program, consistent with section 2303.
                                 ______