[Congressional Record Volume 168, Number 123 (Monday, July 25, 2022)]
[Senate]
[Pages S3642-S3643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5158. Mr. PORTMAN submitted an amendment intended to be proposed
by him to the bill H.R. 4346, making appropriations for Legislative
Branch for the fiscal year ending September 30, 2022, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--SAFEGUARDING AMERICAN INNOVATION
SEC. __. SHORT TITLE.
This title may be cited as the ``Safeguarding American
Innovation Act''.
SEC. __. FEDERAL GRANT APPLICATION FRAUD.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1041. Federal grant application fraud
``(a) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 551 of title 5,
United States Code.
``(2) Federal grant.--The term `Federal grant'--
``(A) means a grant awarded by a Federal agency;
``(B) includes a subgrant awarded by a non-Federal entity
to carry out a Federal grant program; and
``(C) does not include--
``(i) direct United States Government cash assistance to an
individual;
``(ii) a subsidy;
``(iii) a loan;
``(iv) a loan guarantee; or
``(v) insurance.
``(3) Federal grant application.--The term `Federal grant
application' means an application for a Federal grant.
``(4) Foreign compensation.--The term `foreign
compensation' means a title, monetary compensation, access to
a laboratory or other resource, or other benefit received
from--
``(A) a foreign government;
``(B) a foreign government institution; or
``(C) a foreign public enterprise.
``(5) Foreign government.--The term `foreign government'
includes a person acting or purporting to act on behalf of--
``(A) a faction, party, department, agency, bureau,
subnational administrative entity, or military of a foreign
country; or
``(B) a foreign government or a person purporting to act as
a foreign government, regardless of whether the United States
recognizes the government.
``(6) Foreign government institution.--The term `foreign
government institution' means a foreign entity owned by,
subject to the control of, or subject to regulation by a
foreign government.
``(7) Foreign public enterprise.--The term `foreign public
enterprise' means an enterprise over which a foreign
government directly or indirectly exercises a dominant
influence.
``(8) Law enforcement agency.--The term `law enforcement
agency'--
``(A) means a Federal, State, local, or Tribal law
enforcement agency; and
``(B) includes--
``(i) the Office of Inspector General of an establishment
(as defined in section 12 of the Inspector General Act of
1978 (5 U.S.C. App.)) or a designated Federal entity (as
defined in section 8G(a) of the Inspector General Act of 1978
(5 U.S.C. App.)); and
``(ii) the Office of Inspector General, or similar office,
of a State or unit of local government.
``(9) Outside compensation.--The term `outside
compensation' means any compensation, resource, or support
(regardless of monetary value) made available to the
applicant in support of, or related to, any research
endeavor, including a title, research grant, cooperative
agreement, contract, institutional award, access to a
laboratory, or other resource, including materials, travel
compensation, or work incentives.
``(b) Prohibition.--It shall be unlawful for any individual
to knowingly--
``(1) prepare or submit a Federal grant application that
fails to disclose the receipt of any outside compensation,
including foreign compensation, by the individual, the value
of which is $1,000 or more;
``(2) forge, counterfeit, or otherwise falsify a document
for the purpose of obtaining a Federal grant; or
``(3) prepare, submit, or assist in the preparation or
submission of a Federal grant application or document in
connection with a Federal grant application that--
``(A) contains a material false statement;
``(B) contains a material misrepresentation; or
``(C) fails to disclose a material fact.
``(c) Exception.--Subsection (b) does not apply to an
activity--
``(1) carried out in connection with a lawfully authorized
investigative, protective, or intelligence activity of--
``(A) a law enforcement agency; or
``(B) a Federal intelligence agency; or
``(2) authorized under chapter 224.
``(d) Penalty.--Any individual who violates subsection
(b)--
``(1) shall be fined in accordance with this title,
imprisoned for not more than 5 years, or both, in accordance
with the level of severity of that individual's violation of
subsection (b); and
``(2) shall be prohibited from receiving a Federal grant
during the 5-year period beginning on the date on which a
sentence is imposed on the individual under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end
the following:
``1041. Federal grant application fraud.''.
SEC. __. RESTRICTING THE ACQUISITION OF EMERGING TECHNOLOGIES
BY CERTAIN ALIENS.
(a) Grounds of Visa Sanctions.--The Secretary of State may
impose the sanctions described in subsection (c) if the
Secretary determines an alien is seeking to enter the United
States to knowingly acquire sensitive or emerging
technologies to undermine national security interests of the
United States by benefitting an adversarial foreign
government's security or strategic capabilities.
(b) Relevant Factors.--To determine if an alien is
inadmissible under subsection (a), the Secretary of State
shall--
(1) take account of information and analyses relevant to
implementing subsection (a) from the Office of the Director
of National Intelligence, the Department of Health and Human
Services, the Department of Defense, the Department of
Homeland Security, the Department of Energy, the Department
of Commerce, and other appropriate Federal agencies;
(2) take account of the continual expert assessments of
evolving sensitive or emerging technologies that foreign
adversaries are targeting;
(3) take account of relevant information concerning the
foreign person's employment or collaboration, to the extent
known, with--
(A) foreign military and security related organizations
that are adversarial to the United States;
(B) foreign institutions involved in the theft of United
States research;
(C) entities involved in export control violations or the
theft of intellectual property;
(D) a government that seeks to undermine the integrity and
security of the United States research community; or
(E) other associations or collaborations that pose a
national security threat based on intelligence assessments;
and
(4) weigh the proportionality of risks and the factors
listed in paragraphs (1) through (3).
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Ineligibility for visas and admission to the united
states.--An alien described in subsection (a) may be--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other documentation to
enter the United States; and
(C) otherwise ineligible to be admitted or paroled into the
United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(2) Current visas revoked.--
(A) In general.--An alien described in subsection (a) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(B) Immediate effect.--A revocation under subparagraph (A)
shall take effect immediately, and automatically cancel any
other valid visa or entry documentation that is in the
alien's possession, in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)).
(3) Exception to comply with international obligations.--
The sanctions described in this subsection shall not apply
with respect to an alien if admitting or paroling the alien
into the United States is necessary to permit the United
States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
(d) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, and semi-annually
thereafter until the sunset date set forth in subsection (f),
the Secretary of State, in coordination with the Director of
National Intelligence, the Director of the Office of Science
and Technology Policy, the Secretary of Homeland Security,
the Secretary of Defense, the Secretary of Energy, the
Secretary of Commerce, and the heads of other appropriate
Federal agencies, shall submit a report to the Committee on
the Judiciary of the Senate, the Committee on Foreign
Relations of
[[Page S3643]]
the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the
Judiciary of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives that identifies--
(1) any criteria, if relevant, used to determine whether an
alien is subject to sanctions under subsection (a);
(2) the number of individuals determined to be subject to
sanctions under subsection (a), including the nationality of
each such individual and the reasons for each sanctions
determination; and
(3) the number of days from the date of the consular
interview until a final decision is issued for each
application for a visa considered under this section, listed
by applicants' country of citizenship and relevant consulate.
(e) Classification of Report.--Each report required under
subsection (d) shall be submitted, to the extent practicable,
in an unclassified form, but may be accompanied by a
classified annex.
(f) Sunset.--This section shall cease to be effective on
the date that is 2 years after the date of the enactment of
this Act.
SEC. __. PRIVACY AND CONFIDENTIALITY.
Nothing in this title may be construed as affecting the
rights and requirements provided in section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974'') or subchapter III of chapter 35 of title 44, United
States Code (commonly known as the ``Confidential Information
Protection and Statistical Efficiency Act of 2018'').
______