[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3321-S3325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6116. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 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, insert the following:
SEC. ___. RISKY RESEARCH REVIEW ACT.
(a) Short Title.--This section may be cited as the ``Risky
Research Review Act''.
(b) Life Sciences Research Security Board.--Subtitle V of
title 31, United States Code, is amended by adding at the end
the following:
``CHAPTER 79--LIFE SCIENCES RESEARCH SECURITY BOARD
``7901. Definitions.
``7902. Establishment and membership.
``7903. Board personnel.
``7904. Board mission and functions.
``7905. Agency procedures; referral to Board.
``7906. Board review.
``7907. GAO Audits.
``7908. Funding.
``Sec. 7901. Definitions
``In this chapter:
``(1) Agency.--The term `agency' has the meaning given the
term in section 552(f) of title 5.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Energy and Commerce of the House of
Representatives.
``(3) Board.--The term `Board' means the Life Sciences
Research Security Board established under section 7902(a).
``(4) Dual use research of concern.--The term `dual use
research of concern'--
``(A) means life sciences research that, based on current
understanding, can be reasonably anticipated to provide
knowledge, information, products, or technologies that
could--
``(i) be misapplied to do harm with no modification or only
a minor modification; and
``(ii) pose a significant threat with potential
consequences to public health and safety, agricultural crops
and other plants, animals, materiel, or national security;
and
``(B) includes--
``(i) life sciences research that could--
``(I) increase transmissibility of a pathogen within or
between host species;
``(II) increase the virulence of a pathogen or convey
virulence to a non-pathogen;
``(III) increase the toxicity of a known toxin or produce a
novel toxin;
``(IV) increase--
``(aa) the stability of a pathogen or toxin in the
environment; or
``(bb) the ability to disseminate a pathogen or toxin;
``(V) alter the host range or tropism of a pathogen or
toxin;
``(VI) decrease the ability for a human or veterinary
pathogen or toxin to be detected using standard diagnostic or
analytical methods;
``(VII) increase resistance of a pathogen or toxin to
clinical or veterinary prophylactic or therapeutic
interventions;
``(VIII) alter a human or veterinary pathogen or toxin to
disrupt the effectiveness of pre-existing immunity, via
immunization or natural infection, against the pathogen or
toxin;
``(IX) enhance the susceptibility of a host population to a
pathogen or toxin;
``(X) enhance transmissibility of a pathogen in humans;
``(XI) enhance the virulence of a pathogen in humans;
``(XII) enhance the immune evasion of a pathogen in humans,
such as by modifying the pathogen to disrupt the
effectiveness of pre-existing immunity via immunization or
natural infection; or
``(XIII) generate, use, reconstitute, or transfer an
eradicated or extinct high-consequence pathogen; and
``(ii) any other category of life sciences research that
the Board, by majority vote of the members of the Board,
identifies and publishes in the Federal Register.
``(5) Employee.--The term `employee' means an individual
described in section 2105(a) of title 5.
``(6) Federal funding.--The term `Federal funding' means
amounts awarded by an agency pursuant to an intramural or
extramural grant, cooperative agreement, interagency
agreement, contract, or other instrument.
``(7) Gain of function research.--The term `gain of
function research' means a research experiment that may
enhance the transmissibility or virulence of a high-
consequence pathogen.
``(8) High-consequence pathogen.--The term `high-
consequence pathogen'--
``(A) means a wild-type or synthetic pathogen that--
``(i)(I) is likely capable of wide and uncontrollable
spread in human populations; and
``(II) would likely cause moderate to severe disease or
mortality in humans; or
``(ii) is--
``(I) subject to subparagraph (B), influenza A virus;
``(II) classified under subgenus Sarbecovirus;
``(III) classified under subgenus Merbecovirus;
``(IV) Variola orthopoxvirus;
``(V) Mpox orthopoxvirus;
``(VI) Nipah henipavirus;
``(VII) Hendra henipavirus;
``(VIII) Ebola orthoebolavirus;
``(IX) Marburg marburgvirus;
``(X) Lassa mammarenavirus;
``(XI) Junin arenavirus;
``(XII) Crimean-Congo hemorrhagic fever orthonairovirus;
``(XIII) Hantaan orthohantavirus;
``(XIV) Sin Nombre orthohantavirus;
``(XV) Yersinia pestis;
``(XVI) a select agent or toxin, work with which poses a
significant risk of deliberate misuse;
``(XVII) any other pathogen or category of pathogen that a
majority of members of the Board--
``(aa) identifies as a high-consequence pathogen; and
``(bb) publishes in the Federal Register; or
``(XVIII) any synthetic construct of a pathogen or category
of pathogen described in this clause; and
``(B) does not include a seasonal influenza virus, unless a
seasonal influenza virus has been manipulated to include
genetic sequences from a pathogen described in subparagraph
(A).
``(9) High-risk life sciences research.--The term `high-
risk life sciences research' means life sciences research
that is--
``(A) dual use research of concern involving a high-
consequence pathogen; or
``(B) gain of function research.
``(10) Life sciences research.--The term `life sciences
research'--
``(A) means the study or use of a living organism, a virus,
or a product of a living organism or virus; and
``(B) includes each discipline, methodology, and
application of biology, including biotechnology, genomics,
proteomics, bioinformatics, and pharmaceutical and biomedical
research and techniques.
``(11) Select agent or toxin.--The term `select agent or
toxin' means a select agent or toxin identified under--
``(A) section 73.3(b) of title 42, Code of Federal
Regulations, as in effect on the date of enactment of the
Risky Research Review Act;
``(B) section 331.3(b) of title 7, Code of Federal
Regulations, as in effect on the date of enactment of the
Risky Research Review Act; or
``(C) section 121.3(b) of title 9, Code of Federal
Regulations, as in effect on the date of enactment of the
Risky Research Review Act.
``Sec. 7902. Establishment and membership
``(a) Establishment.--There is established as an
independent agency within the Executive Branch a board to be
known as the `Life Sciences Research Security Board' to
review proposed Federal funding for life sciences research in
accordance with section 7906.
``(b) Appointment of Members.--
``(1) In general.--The President shall appoint, without
regard to political affiliation, 9 individuals who are
citizens of the United States to serve as members of the
Board for not more than 2 terms of 4 years each, including--
``(A) the Executive Director appointed under section
7903(a);
``(B) 5 nongovernmental scientists in a life sciences
field;
``(C) 2 nongovernmental national security experts; and
``(D) 1 nongovernmental biosafety expert.
``(2) Period for nominations.--The President shall make
appointments, other than the Executive Director, to the Board
not later than 30 days after the date of enactment of this
chapter.
``(3) Considerations of recommendations.--The President
shall make appointments to the Board after considering
individuals recommended by the chair and ranking member of
the appropriate congressional committees.
``(4) Qualifications.--Individuals appointed to the Board--
``(A) shall--
``(i) be impartial individuals; and
[[Page S3322]]
``(ii) be distinguished individuals of high national
professional reputation in their respective fields who are
capable of exercising the independent and objective judgment
necessary to conduct an impartial assessment of the potential
risks and benefits associated with Federal funding of high-
risk life sciences research to public health and national
security; and
``(B) may not be an employee on the date of the appointment
or during the 3-year period preceding the date of the
appointment.
``(5) Limitations.--Not more than 4 concurrent members of
the Board may be an employee, a subcontractor, a previous
employee, or a previous subcontractor of--
``(A) the Department of Defense;
``(B) the Department of Homeland Security;
``(C) the National Institute of Allergy and Infectious
Diseases of the Department of Health and Human Services;
``(D) the Office of the Director of National Intelligence;
or
``(E) the Department of Energy.
``(6) Consideration by the senate.--
``(A) In general.--Nominations for appointment to the
Executive Director of the Board shall be referred to the
Committee on Homeland Security and Governmental Affairs of
the Senate for consideration.
``(B) Renomination.--A member of the Board who is
recommended to serve a second term shall be nominated for
appointment to the Board, and such nomination shall be
referred pursuant to subparagraph (A).
``(7) Vacancy.--Not later than 30 days after the date on
which a vacancy on the Board occurs, the vacancy shall be
filled in the same manner as specified for the original
appointment.
``(8) Removal.--
``(A) In general.--No member of the Board shall be removed
from office, other than by--
``(i) impeachment and conviction;
``(ii) the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties; or
``(iii) the Board in accordance with subparagraph (B).
``(B) Action by board.--If the Director of the Office of
Government Ethics determines that participation by a member
of the Board in high-risk life sciences research constitutes
a conflict of interest, the Board shall take steps to
mitigate or manage the conflict, which may include removal.
``(C) Notice of removal by president.--
``(i) In general.--In the case of the removal of a member
of the Board by the President as described in subparagraph
(A)(ii), not later than 10 days after the removal, the
President shall submit to the chair and ranking member of the
appropriate congressional committees a report specifying the
facts found and the grounds for removal.
``(ii) Publication of report.--The President shall publish
in the Federal Register each report submitted under clause
(i), except that the President may, if necessary to protect
the rights of a person named in the report or to prevent
undue interference with any pending prosecution, postpone or
refrain from publicly publishing any or all of the report
until the completion of such pending cases or pursuant to
privacy protection requirements in law.
``(c) Mandatory Conflicts of Interest Review.--
``(1) In general.--The Board, in consultation with the
Director of the Office of Government Ethics, shall--
``(A) not later than 180 days after the date of the
enactment of this chapter--
``(i) establish criteria to determine whether there is a
conflict of interest with respect to any individual appointed
to the Board, taking into consideration requirements under
Federal law relating to ethics requirements for employees;
and
``(ii) upon an appointment of a member to the Board under
subsection (a)(1) thereafter, conduct a review of each
individual nominated and appointed to the Board to ensure the
individual does not have any conflict of interest under the
criteria established pursuant to clause (i); and
``(B) periodically thereafter, conduct a review of each
individual nominated and appointed to the Board to ensure the
individual does not have any conflict of interest under the
criteria established pursuant to subparagraph (A)(i) during
the term of service of the individual.
``(2) Notification.--
``(A) In general.--Not later than 3 days after the date on
which the Director of the Office of Government Ethics becomes
aware that a member of the Board possesses a potential
conflict of interest under the criteria established pursuant
to paragraph (1)(A)(i), the Director of the Office of
Government Ethics shall notify the chair and ranking member
of the appropriate congressional committees of the potential
conflict of interest.
``(B) Notification by member.--Not later than 30 days after
the date on which a member of the Board becomes aware that
another member of the Board possesses a potential conflict of
interest under the criteria established pursuant to paragraph
(1)(A)(i), the member of the Board or the Executive Director
of the Board shall notify the chair and ranking member of the
appropriate congressional committees of the potential
conflict of interest.
``(d) Security Clearances.--All members of the Board shall
be granted all the necessary security clearances and
accesses, including to relevant Presidential and department
or agency special access and compartmented access programs,
in an accelerated manner, subject to the standard procedures
for granting such clearances. All nominees for appointment to
the Board shall qualify for the necessary security clearances
and accesses prior to being considered for confirmation by
the Committee on Homeland Security and Governmental Affairs
of the Senate.
``(e) Participation in High-Risk Life Sciences Research.--
``(1) Disclosure required.--A member of the Board shall
disclose whether the member has participated in or is
currently participating in high-risk life sciences research.
``(2) Conflicts of interest.--
``(A) In general.--The participation in high-risk life
sciences research by a member of the Board--
``(i) shall be considered a potential conflict of interest;
and
``(ii) shall be subject to scrutiny by the Director of the
Office of Government Ethics.
``(B) Determination.--If the Director of the Office of
Government Ethics determines that participation by a member
of the Board in high-risk life sciences research constitutes
a conflict of interest, the Board shall take steps to
mitigate or manage the conflict, which may include--
``(i) the recusal of the affected member from relevant
discussions and determinations; and
``(ii) removal of the affected member from the Board.
``(f) Compensation of Members.--
``(1) In general.--Subject to such rules as may be adopted
by the Board, without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5 relating to
classification and General Schedule pay rates, a member of
the Board, other than the Executive Director, shall be
compensated at a rate--
``(A) proposed by the Executive Director and approved by
the Board;
``(B) not to exceed the rate of basic pay for level II of
the Executive Schedule; and
``(C) that is commensurate with--
``(i) the time a member of the Board spends engaged in the
performance of duties on the Board; and
``(ii) necessary traveling expenses.
``(2) Outside employment.--Subject to terms and approval
determined by the Director of the Office of Government
Ethics, a member of the Board may maintain outside employment
and affiliations while serving on the Board.
``(g) Oversight.--
``(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall--
``(A) have continuing legislative oversight jurisdiction in
the Senate with respect to the official conduct of the Board
and agency compliance with requirements issued by the Board;
and
``(B) have access to any records provided to or created by
the Board.
``(2) House of representatives.--The Committee on Energy
and Commerce of the House of Representatives shall--
``(A) have continuing legislative oversight jurisdiction in
the House of Representatives with respect to the official
conduct of the Board and agency compliance with requirements
issued by the Board; and
``(B) have access to any records provided to or created by
the Board.
``(3) Duty to cooperate.--The Board shall have the duty to
cooperate with the exercise of oversight jurisdiction
described in this subsection.
``(4) Security clearances.--The chair and ranking member of
the appropriate congressional committees, and designated
committee staff, shall be granted all security clearances and
accesses held by the Board, including to relevant
Presidential and department or agency special access and
compartmented access programs.
``(h) Office Space.--
``(1) In general.--In selecting office space for the Board,
the Board shall exhaust options for unused office spaces
owned by the Federal Government as of the date of enactment
of this chapter.
``(2) Secure office space.--
``(A) Requests.--In order to review or discuss classified
information, the Board shall request an accommodation from
relevant agencies to access sensitive compartmented
information facilities on an as-needed basis.
``(B) Fulfilment.--The head of an agency from which the
Board requests an accommodation under subparagraph (A) shall
accommodate the request in a timely manner.
``Sec. 7903. Board personnel
``(a) Executive Director.--
``(1) Appointment.--Not later than 45 days after the date
of enactment of this chapter, the President shall appoint, by
and with the advice and consent of the Senate, 1 individual
who is a citizen of the United States, without regard to
political affiliation, to the position of Executive Director
of the Board for a term of 4 years.
``(2) Qualifications.--The individual appointed as
Executive Director under paragraph (1) shall be a private
individual of integrity and impartiality who--
``(A) is a distinguished scientist in a life sciences
field; and
``(B) is not, and has not been for the 3-year period
preceding the date of the appointment--
[[Page S3323]]
``(i) an employee; or
``(ii) a participant in high-risk life sciences research
supported by Federal funding.
``(3) Security clearances.--
``(A) In general.--A candidate for Executive Director of
the Board shall be granted all security clearances and
accesses held by the Board, including to relevant
Presidential and department or agency special access and
compartmented access programs in an accelerated manner,
subject to the standard procedures for granting such
clearances.
``(B) Qualification prior to appointment.--The President
shall ensure that a candidate for Executive Director of the
Board qualifies for the security clearances and accesses
described in subparagraph (A) prior to appointment.
``(4) Functions.--The Executive Director of the Board
shall--
``(A) serve as principal liaison to Congress and agencies;
``(B) serve as chair of the Board;
``(C) be responsible for the administration and
coordination of the responsibilities of the Board; and
``(D) be responsible for the administration of all official
activities conducted by the Board.
``(5) Removal.--Notwithstanding section 7902(b)(8), the
Executive Director shall not be removed for reasons other
than for cause on the grounds of inefficiency, neglect of
duty, malfeasance in office, physical disability, mental
incapacity, or any other condition that substantially impairs
the performance of the responsibilities of the Executive
Director or the staff of the Board.
``(6) Terms.--An Executive Director of the Board shall not
serve more than 2 terms.
``(b) Staff.--
``(1) In general.--Without regard to the provisions of
subchapter I of chapter 33 of title 5 governing appointments
in the competitive service, the Board may appoint not more
than 25 additional personnel to enable the Board and the
Executive Director to perform the duties of the Board.
``(2) Qualifications.--Each individual appointed to the
staff of the Board--
``(A) shall be a citizen of the United States of integrity
and impartiality;
``(B) shall have expertise in the life sciences field or
the national security field; and
``(C) may not be a participant in any federally funded
research activity on the date of the appointment or during
the course of service of the individual on the Board.
``(3) Security clearances.--
``(A) In general.--A candidate for appointment to the staff
of the Board shall be granted all security clearances and
accesses held by the Board, including to relevant
Presidential and department or agency special access and
compartmented access programs, in an accelerated manner,
subject to the standard procedures for granting such
clearances.
``(B) Conditional employment.--
``(i) In general.--The Board may offer conditional
employment to a candidate for a staff position of the Board
pending the completion of security clearance background
investigations. During the pendency of such investigations,
the Board shall ensure that any such employee does not have
access to, or responsibility involving, classified or
otherwise restricted materials.
``(ii) Unqualified staff.--If the Board determines that an
individual hired on a conditional basis under clause (i) is
not eligible or otherwise does not qualify for all security
clearances necessary to carry out the responsibilities of the
position for which conditional employment has been offered,
the Board shall immediately terminate the individual's
employment.
``(4) Support from agencies.--
``(A) In general.--The head of each agency shall designate
not less than 1 full-time employee of the agency as the
representative of the agency to--
``(i) provide technical assistance to the Board; and
``(ii) support the review process of the Board with respect
to the agency under section 7906 in a non-voting staff
capacity.
``(B) Prohibition.--A representative of an agency
designated under subparagraph (A) and any employee of an
agency may not directly or indirectly influence in any
capacity a determination by the Board under section 7906 with
respect to life sciences research funded by the agency.
``(c) Compensation.--Subject to such rules as may be
adopted by the Board, without regard to the provisions of
title 5 governing appointments in the competitive service and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of that title relating to classification
and General Schedule pay rates, the Executive Director of the
Board shall--
``(1) be compensated at a rate not to exceed the rate of
basic pay for level II of the Executive Schedule;
``(2) serve the entire tenure as Executive Director as 1
full-time employee; and
``(3) appoint and fix the compensation of such other
personnel as may be necessary to carry out this chapter.
``Sec. 7904. Board mission and functions
``(a) Mission.--The mission of the Board shall be to issue
an independent determination as to whether an agency may
award Federal funding for proposed high-risk life sciences
research, which shall be binding upon the agency.
``(b) Powers.--The Board shall have the authority to act in
a manner to carry out the mission described in subsection
(a), including authority to--
``(1) prescribe regulations to carry out the
responsibilities of the Board;
``(2) establish a process for the review of Federal funding
for high-risk life sciences research prior to the award of
the Federal funding, which shall be binding upon an agency,
including information designated as classified or otherwise
protected from disclosure;
``(3) direct an agency to make available to the Board
additional information and records, including information
designated as classified or otherwise protected from
disclosure, that the Board determines are required to fulfill
the functions and responsibilities Board under this chapter;
``(4) review any classified research conducted or funded by
any agency to determine whether the research would be
considered high-risk life sciences research; and
``(5) through the promulgation of regulations, establish
processes, policies, and procedures of the Board for
rendering decisions under this chapter.
``(c) Initial Requirements.--The Board shall--
``(1) not later than 180 days after the date of appointment
of the initial members of the Board under section 7902,
publish procedures in the Federal Register establishing the
process for the review by the Board under section 7906;
``(2) prior to the establishment of the procedures under
paragraph (1), consult with the appropriate congressional
committees and heads of agencies for purposes of developing
such procedures; and
``(3) not later than 270 days after the date of the
enactment of this chapter, begin carrying out the duties
described in section 7906.
``(d) Responsiveness to Congress.--Notwithstanding any
other provision of law, not later than 30 days after the date
on which the Board receives a request for information from a
Member of Congress, the Board shall respond to the request.
``(e) Congressional Briefings.--Not less frequently than
quarterly, the Board shall brief the appropriate
congressional committees on the work of the Board.
``(f) Select Agent or Toxin Updates.--
``(1) In general.--Not later than 15 days after the date on
which the Board receives a notification that a select agent
or toxin has been added to a list of agent or toxins under a
regulation described in paragraph (2), the Board shall--
``(A) review the select agent or toxin;
``(B) by majority vote of members of the Board, determine
whether the select agent or toxin should be added into the
definition of `select agent or toxin' under section 7901; and
``(C) publish any addition determined under subparagraph
(B) in the Federal Register.
``(2) Regulations described.--A regulation described in
this paragraph is--
``(A) section 73.3(b) of title 42, Code of Federal
Regulations, or any successor regulation;
``(B) section 331.3(b) of title 7, Code of Federal
Regulations, or any successor regulation; and
``(C) section 121.3(b) of title 9, Code of Federal
Regulations, or any successor regulation.
``(g) Final Determination Authority.--In any dispute with
an agency or entity relating to the classification of life
sciences research under this chapter, the Board shall retain
final and ultimate authority in--
``(1) determining whether the life sciences research is
high-risk life sciences research, dual use research of
concern involving a high-consequence pathogen or gain of
function research;
``(2) interpreting definitions in section 7901; and
``(3) determining whether a proposed Federal award for life
sciences research is subject to the review process of the
Board under section 7906(a)(1).
``Sec. 7905. Agency procedures; referral to Board
``(a) In General.--
``(1) Prohibition.--The head of an agency may not award
Federal funding for--
``(A) high-risk life sciences research without approval by
the Board under section 7906(a)(1)(B); or
``(B) life sciences research if the Board, in accordance
with section 7906(a)(2)(A)(ii), submits notification to the
agency under section 7906(a)(2)(B)(i) that Board is reviewing
the Federal funding for life sciences research under section
7906(a) until the date on which the Board makes a final
determination with respect to the proposed Federal funding.
``(2) Effective date.--Paragraph (1) shall take effect on
the date that is 180 days after the date of enactment of this
chapter.
``(b) High-Risk Attestation; Select Agent or Toxin
Disclosure; Certification.--
``(1) In general.--An entity seeking Federal funding from
an agency for life sciences research shall, under the penalty
of perjury--
``(A) attest whether--
``(i) the life sciences research will constitute high-risk
life sciences research; and
``(ii) the entity is performing active research with a
select agent or toxin; and
``(B) if the entity makes a positive attestation under
subparagraph (A), disclose the source of funding for all
active research.
``(2) Active research with select agents or toxins.--
``(A) In general.--The head of an agency that receives a
disclosure from an entity
[[Page S3324]]
under paragraph (1)(B) shall submit to the Board the
disclosure.
``(B) Board inquiries.--The Board may contact an entity
that submits a disclosure under paragraph (1)(B) to request
additional information relating to the disclosure.
``(3) Agency certification.--
``(A) Positive attestations.--The head of an agency making
an award of Federal funding to an entity that makes a
positive attestation under paragraph (1)(A)(i) shall--
``(i) submit to the Board the high-risk life sciences
proposal; and
``(ii) using the process established by the head of the
agency under paragraph (4), certify the validity of the
attestation.
``(B) Negative attestations.--The head of an agency making
an award of Federal funding to an entity that makes a
negative attestation under paragraph (1)(A)(i) shall--
``(i) review the attestation; and
``(ii) using the process established by the head of the
agency under paragraph (4), certify the validity of the
attestation.
``(4) Process for review.--The head of each agency that
awards Federal funding for life sciences research, in
consultation with the Board, shall establish and implement a
process for identifying proposals from entities seeking
Federal funding for life sciences research from the agency
that will constitute high-risk life sciences research.
``(5) Maintenance of records.--The head of each agency
shall--
``(A) maintain records of the certification process
described in paragraph (3) for each application for Federal
funding in accordance with chapter 31 of title 44; and
``(B) make the records maintained under subparagraph (A)
available for audit and review upon request by the Board.
``(c) Notification.--
``(1) In general.--Not later than 30 days before the date
on which the head of an agency plans to award Federal funding
to an entity for life sciences research, the head of the
agency shall submit to the Board a notification of the
proposed Federal funding.
``(2) Contents.--The notification of Federal funding for
life sciences research required under paragraph (1) shall
include the attestation and certification required under
subsection (b).
``(3) Board requests.--
``(A) In general.--The Board may request additional
information from the head of an agency relating to a
notification submitted under paragraph (1).
``(B) Provision of information.--The head of an agency from
which the Board request additional information under
subparagraph (A) shall provide the information in a timely
manner.
``(d) Agency Procedures.--Not later than 180 days after the
date on which the Board publishes the process of the Board in
the Federal Register pursuant to section 7904(c), the head of
each agency shall publish on the website of the agency
prepayment and preaward procedures of the agency with respect
to Federal funding for life sciences research to--
``(1) guarantee that--
``(A) all high-risk life science research proposals are
referred to the Board before the award of Federal funding by
the agency;
``(B) no Federal funding for high-risk life sciences
research is awarded by the agency without approval by the
Board; and
``(C) not later than 30 days before the date on which the
head of the agency plans to award the Federal funding, the
agency notifies the Board of the proposal for Federal
funding; and
``(2) otherwise ensure compliance with this chapter.
``(e) Provision of Additional Information.--Upon request by
the Board, the head of an agency shall provide any
information relating to Federal funding awards for life
sciences research determined necessary by the Board to
provide oversight of the agency.
``(f) Change in Circumstances During Research.--If, during
the course of life sciences research in progress performed by
an entity supported by Federal funding from an agency,
circumstances arise such that the life sciences research in
progress may constitute high-risk life sciences research in
contravention to the attestation of the entity under
subsection (b)(1)(A)(i)--
``(1) the entity shall--
``(A) not later than 24 hours after the identification of
the change in circumstance, pause the life sciences research
in progress; and
``(B) not later than 5 days after the date of the
identification of the change in circumstance, submit to the
head of the agency a written notification through an
electronic or nonelectronic communication method that--
``(i) notifies the head of the agency of the possibility
that the life sciences research in progress may constitute
high-risk life sciences research; and
``(ii) includes a detailed description of each change in
circumstance that may transform the life sciences research in
progress into high-risk life sciences research; and
``(2) the head of the agency shall--
``(A) using the process of the agency established under
subsection (b)(4), determine whether the life sciences
research in progress constitutes high-risk life sciences
research;
``(B) if the head of the agency makes a negative
determination under subparagraph (A), inform the entity that
the entity may resume the life sciences research in progress;
and
``(C) if the head of the agency makes a positive
determination under subparagraph (A), immediately submit to
the Board a notification of the Federal funding of high-risk
life sciences research in progress for review under section
7906(a)(1).
``(g) Enforcement.--
``(1) Applicant requirements.--If an entity seeking or
receiving Federal funding from an agency knowingly fails to
make a true attestation under subsection (b)(1) or promptly
notify the agency of a change in circumstance in accordance
with subsection (f)(1), the head of the agency shall refer
the entity to the appropriate entity for suspension and
debarment proceedings relating to the receipt of Federal
funding.
``(2) Referral to inspector general.--The Board shall refer
any employee of an agency responsible for overseeing and
reviewing research proposals relating to Federal funding that
knowingly fails to comply with subsection (b)(3) to the
inspector general of the agency.
``(3) Employee discipline.--
``(A) In general.--The head of an agency employing an
employee who knowingly violates any provision of subsection
(b)(3) (or, in the case of the head of an agency who violates
any provision of subsection (b)(3), the President) shall
impose on that employee--
``(i) disciplinary action in accordance with chapter 75 of
title 5 or an equivalent procedure of the agency; and
``(ii) permanent revocation of any applicable security
clearance held by the employee.
``(B) Contractor penalty.--In the case of contractor
working under a contract with an agency who knowingly
violates subsection (b)(1), the head of the agency shall
refer the contractor to the appropriate entity for suspension
and debarment proceedings relating to the receipt of Federal
funding.
``(C) Employee discipline reports.--
``(i) In general.--Not later than 360 days after the date
of enactment of this Act, and not less frequently than once
every 90 days thereafter, the head of each agency shall
submit to the Board and the appropriate congressional
committees a report that discloses, for the period covered by
the report, each violation by an employee of the agency of
subsection (b)(3).
``(ii) Contents.--Each report submitted under clause (i)
shall include, with respect to a violation described in that
clause--
``(I) the name and professional title of each employee
engaged in the violation;
``(II) a detailed explanation of the nature of the
violation; and
``(III) the date of the violation.
``(iii) Publication.--Not later than 5 days after the date
on which the Board receives a report under clause (i), the
Board shall publish on a publicly accessible and searchable
website the amount of violations that have been committed
under clause (i).
``(h) Subaward and Subcontractor Disclosure.--
``(1) In general.--During the course of high-risk life
sciences research in progress performed by an entity
supported by Federal funding from an agency, the entity
shall--
``(A) continuously disclose to the head of the agency any
subcontracts or subawards made or planned to be made with the
Federal funding; and
``(B) obtain consent from the head of the agency before
awarding a subcontract or award described in subparagraph
(A).
``(2) Agency submission.--Not later than 30 days after the
date on which the head of an agency receives a disclosure
under paragraph (1), the head of the agency shall submit to
the Board the disclosure.
``(3) Board inquiries.--
``(A) In general.--The Board may contact an entity that
submits a disclosure under paragraph (1) to request
additional information relating to the disclosure.
``(B) Access to reports.--During the course of high-risk
life sciences research in progress performed by an entity
supported by Federal funding from an agency, upon request,
the Board shall have access to every annual report of--
``(i) the agency;
``(ii) the entity performing the high-risk life sciences
research; and
``(iii) any subcontractor or subawardee of an entity
described in clause (ii).
``Sec. 7906. Board review
``(a) In General.--
``(1) High-risk life sciences research.--Not later than 120
days after the date on which the Board receives a
notification from an agency under section 7905(c) relating to
proposed Federal funding for life sciences research that
constitutes high-risk life sciences research or the Board
receives a notification from an agency under section
7905(f)(2)(C) relating to Federal funding of research in
progress that constitutes high-risk life sciences research,
the Board shall--
``(A) review the proposed Federal funding or high-risk life
sciences research in progress;
``(B) by a majority vote, determine whether the agency may
award the proposed Federal funding or continue to award the
Federal funding for the high-risk life sciences research in
progress; and
``(C) by a majority vote, determine with respect to the
high-risk life sciences research funded by the proposed
Federal funding or Federal funding for high-risk life
sciences research in progress--
``(i) the minimum required biosafety containment level,
engineering controls, and operational controls;
``(ii) the minimum required biosecurity engineering
controls and operational controls; and
[[Page S3325]]
``(iii) the minimum required personnel assurance controls.
``(2) Proposed life sciences research.--
``(A) In general.--With respect to proposed Federal funding
by an agency for life sciences research, the Board may--
``(i) review the proposed Federal funding; and
``(ii) determine whether the Board should review the
proposed Federal funding in accordance with paragraph (1).
``(B) Notification.--If the Board makes a positive
determination under subparagraph (A)(ii) with respect to
proposed Federal funding by an agency--
``(i) the Board shall notify the head of the agency; and
``(ii) the head of the agency may not award the proposed
Federal funding until the date on which the Board makes a
final determination with respect to the proposed Federal
funding under paragraph (1).
``(3) Past funding.--With respect to life sciences research
performed with Federal funding awarded by an agency before
the date of enactment of this chapter, the Board may review
and audit the research in order to assess the compliance of
the agency with the provisions of this chapter.
``(4) Ongoing funding for life sciences research.--With
respect to Federal funding for life sciences research in
progress awarded by an agency before the date of enactment of
this Act that the Board determines may constitute high-risk
life sciences research, the Board may--
``(A) direct the agency to temporarily suspend the Federal
funding;
``(B) require the agency to provide complete information on
the Federal funding in order for the Board to complete a
review of the life sciences research under paragraph (1); and
``(C) by a majority vote of members of the Board, determine
whether the agency may continue the Federal funding.
``(b) Considerations.--
``(1) In general.--In making a determination under
subsection (a)(1)(B), the Board shall consider, with respect
to the high-risk life sciences research that will be
conducted with the proposed Federal funding or high-risk life
sciences research in progress--
``(A) whether the research poses a threat to public health;
``(B) whether the research poses a threat to public safety;
``(C) whether the research has a high probability of
producing benefits for public health;
``(D) whether the research poses a threat to large
populations of animals and plants;
``(E) whether the research poses a threat to national
security;
``(F) whether the research is proposed to be conducted in
whole or at least in part in a foreign country;
``(G) the reasonably anticipated material risks of the
research;
``(H) the reasonably anticipated information risks of the
research;
``(I) the reasonably anticipated benefits of the research;
``(J) whether the reasonably anticipated benefits of the
research outweigh the reasonably anticipated risks; and
``(K) whether the benefits of the research could be
obtained through procedures posing lower risks.
``(2) Weight of factors.--The presence or absence of any
factor under paragraph (1) shall not be decisive with respect
to the determination of the Board under subsection (a)(1)(B).
``(c) Notice Following Review and Determination.--
``(1) Agency notification.--Not later than 5 days after the
date on which the Board makes a determination under
subsection (a)(1)(B) with respect to Federal funding by an
agency, the Executive Director of the Board shall notify the
head of the agency of the determination.
``(2) Board consultation.--
``(A) In general.--Not later than 10 days after receiving a
notification from the Board under paragraph (1), the head of
an agency may request a meeting with the Board to discuss the
determination of the Board.
``(B) Board response.--The Board shall schedule a meeting
requested by the head of an agency under subparagraph (A) in
a timely manner.
``(3) Notification to appropriate congressional
committees.--If the Board determines that the head of an
agency may not proceed with an award of proposed Federal
funding under this section, the Executive Director of the
Board shall notify the appropriate congressional committees
when the Board notifies the head of the agency.
``(d) Request for Expedited Review.--
``(1) Definition.--In this subsection, the term `emergency
research' means high-risk life sciences research submitted to
the Board that relates to a public health emergency or
addresses a specific national security concern.
``(2) Request; notification.--The head of an agency seeking
expedited review from the Board to award Federal funding for
emergency research shall--
``(A) include a request for expedited review in the
notification required under section 7905(c); and
``(B) on the date of the notification described in
subparagraph (A), submit to the Board and the appropriate
congressional committees a notification that explains why the
specific public health emergency or national security concern
necessitates expedited review under this subsection.
``(3) Internal process.--The Board shall establish an
internal process under which the Board will give proposed
emergency research expedited review under this section.
``(4) Temporary emergency research.--If the Board does not
notify the head of an agency with a determination under
subsection (a)(1)(B) with respect to proposed emergency
research by the 15 days after the date on which the head of
the agency submits a request under paragraph (2)(A), the head
of the agency may award Federal funding for the emergency
research on a temporary basis.
``(e) Scientific Expert Panels.--
``(1) In general.--The Board may establish a scientific
panel of nongovernmental experts to advise the Board in the
review by the Board of life sciences research pursuant to
this chapter.
``(2) Policies and procedures.--The Board shall establish
and publish in the Federal Register procedures and policies
relating to conflicts of interest, recusal, expertise, and
related matters before the establishment of the panel
described in paragraph (1).
``(3) Prohibition.--An individual serving on the panel
established under paragraph (1) may not advise the Board on
any matter with respect to which the individuals has an
identified or perceived conflict of interest.
``(4) Report.--
``(A) In general.--Not later than 30 days after the date on
which the Board establishes a panel established under
paragraph (1), the Board shall submit to the appropriate
congressional committees a report that includes the names,
qualifications, and any identified or perceived conflicts of
interest of individuals who serve on the panel.
``(B) Panel changes.--Upon a change of personnel on the
panel established under paragraph (1), the Board shall
immediately submit to the appropriate congressional
committees an update to the report required under
subparagraph (A).
``(f) Report.--
``(1) In general.--Not later than 360 days after the date
on which the Board establishes the panel described in
subsection (e)(1), and annually thereafter, the Board shall
submit to the appropriate congressional committees a report,
which shall include a classified annex, summarizing, with
respect to each determination by the Board under this section
relating to high-risk life sciences research--
``(A) the findings of the Board;
``(B) the determination of the Board;
``(C) the name and location of the entity proposing the
life sciences research;
``(D) the name and location of any recipient of a subaward
or subcontractor of an entity proposing life sciences
research and the nature of the participation of such a
recipient or subcontractor; and
``(E) an account of significant challenges or problems,
including procedural or substantive challenges or problems,
that arise during the course of the work of the Board,
including the views of any member of the Board who wishes to
have those views included in the report.
``(2) Public report.--On the date on which the Board
submits a report required under paragraph (1), the Board
shall make the report, other than the classified annex
included in the report, available on a website.
``(g) Effective Date.--This section shall take effect on
the date that is 270 days after the date of enactment of this
chapter.
``Sec. 7907. GAO Audits
``The Comptroller General of the United States shall
periodically audit the Board.
``Sec. 7908. Funding
``There is authorized to be appropriated to the Board to
carry out this chapter $30,000,000 for each of fiscal years
2026 through 2035.''.
(c) Clerical Amendment.--The table of chapters for subtitle
V of title 31, United States Code, is amended by adding at
the end the following:
``79. Life Sciences Research Security Board................7901''.....
(d) Financial Disclosure Reports of Board Members.--Section
13103(f) of title 5, United States Code, is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) a member of the Life Sciences Research Security
Board established under section 7902 of title 31.''.
______