[Senate Report 116-317]
[From the U.S. Government Publishing Office]
Calendar No. 620
116th Congress } { Report
SENATE
2d Session } { 116-317
_______________________________________________________________________
SAFEGUARDING AMERICAN
INNOVATION ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3997
TO STRENGTHEN THE SECURITY AND INTEGRITY OF THE
UNITED STATES SCIENTIFIC AND RESEARCH ENTERPRISE
December 14, 2020.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
19-010 WASHINGTON : 2020
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
Joseph C. Folio III, Chief Counsel
Margaret E. Frankel, Research Assistant
Nicholas O. Ramirez, U.S. Coast Guard Detailee
David M. Weinberg, Minority Staff Director
Zachary I. Schram, Minority Chief Counsel
Christopher J. Mulkins, Minority Deputy Director of Homeland Security
Jeffrey D. Rothblum, Minority Senior Professional Staff Member
Yogin J. Kothari, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 620
116th Congress } { Report
SENATE
2nd Session } { 116-317
======================================================================
SAFEGUARDING AMERICAN INNOVATION ACT
_______
December 14, 2020.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3997]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3997) to strengthen
the security and integrity of the United States scientific and
research enterprise having considered the same, reports
favorably thereon with an amendment (in the nature of a
substitute), and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and the Need for Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................6
VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported...........10
I. Purpose and Summary
The purpose of S. 3997, the Safeguarding American
Innovation Act, is to improve the United States' ability to
combat foreign threats to the American science and research
enterprise. The bill establishes a council within the Office of
Management and Budget (OMB) to update grant application
processes across the Federal government and assess security
risks to the U.S. research community. Further, the bill
criminalizes Federal grant application fraud in instances in
which the applicant omits information about outside and foreign
compensation. Additionally, the bill authorizes the Department
of State (State Department) to deny visa applications of known
or likely bad actors seeking to travel to the United States to
engage in any activity to acquire export-controlled
technologies. The bill further requires that the sponsors of
foreign researchers provide information on the extent of access
the researcher will have to export-controlled technology on
visa applications. Finally, the bill reduces the minimum
reporting requirements of colleges and universities for foreign
gifts and contracts from $250,000 to $50,000.
II. Background and Need for the Legislation
China continues to pose a threat to the U.S. research
enterprise and has used various means to exploit gaps in the
country's current apparatus. Following a year-long
investigation, on November 18, 2019, the Committee's Permanent
Subcommittee on Investigations (PSI) released a staff report
entitled ``Threats to the U.S. Research Enterprise: China's
Talent Recruitment Plans.''\1\ The report includes information,
findings and recommendations on how to better position the U.S.
against threats to our nation's research institutions.
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\1\United States Senate Permanent Subcommittee on Investigations
Staff Report, Threats to the U.S. Research Enterprise: China's Talent
Recruitment Plans, https://www.hsgac.senate.gov/imo/media/doc/2019-11-
18%20PSI%20Staff%20Report%20-%20China%27s%20Talent%20
Recruitment%20Plans.pdf.
---------------------------------------------------------------------------
The staff report found that China is working to claim
hegemony over science and technology by 2050 and intends to do
so by recruiting leaders in the field through talent
recruitment programs.\2\ Talent recruitment programs, like the
Thousand Talents Plan, incentivize overseas researchers,
academics and professionals to provide the Chinese government
with access and information to foreign technology.\3\ John
Brown, Assistant Director of Counterintelligence, the Federal
Bureau of Investigation (FBI), testified before PSI that China
provides financial and research benefits to researchers working
and studying overseas as ways to recruit and incentivize them
to share research with the government.\4\ As of 2017, the
Chinese government had successfully recruited more than 7,000
professionals.\5\ According to the PSI staff report, the U.S.
government failed to act quickly to address the threat of
talent recruitment plans, which led to federal grant dollars
and U.S. research benefiting China.\6\
---------------------------------------------------------------------------
\2\Id.
\3\Id.
\4\Securing the U.S. Research Enterprise from China's Talent
Recruitment Plans: Hearing Before the S. Comm. on Homeland Sec. &
Governmental Affairs' Permanent Subcomm. on Investigations, 116th Cong.
(2019) (statement of John Brown, Assistant Director,
Counterintelligence Division, Federal Bureau of Investigation)
(``Through these programs, the Chinese government offers lucrative
financial and research benefits to recruit individuals working and
studying outside of China who possess access to, or expertise in, high-
priority research fields.'') available at https://www.hsgac.senate.gov/
subcommittees/investigations/hearings/securing-the-us-research-
enterprise-from-chinas-talent-recruitment-plans.
\5\Id. at 1.
\6\Id.
---------------------------------------------------------------------------
Considering the threat posed by China and the shortcomings
of the U.S. government to prevent exploitation, the staff
report outlined a number of recommendations to help improve the
U.S.' positioning against such threats, several of which are
addressed by this legislation. First, S. 3997 establishes a
Federal Research Security Council within OMB that, among other
things, will establish a uniform Federal grant application
process. Once established, the Council will help address
concerns that the current Federal grant processes are not
coordinated, resulting in administrative burden.\7\ Through
streamlined grant application processes, the Federal Government
will be able to better manage grants and ensure that taxpayer
dollars are provided appropriately and efficiently.
---------------------------------------------------------------------------
\7\Id.
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PSI's staff report also included a recommendation that the
State Department deny visas for individuals suspected of, or
likely to participate in, transferring technology, intellectual
property, or other research.\8\ S. 3997 authorizes the State
Department to deny visas to aliens traveling to the U.S. to
acquire export-controlled technology. By preventing known or
likely bad actors from acquiring U.S. export-controlled
technology, less research, technology and intellectual property
will be at risk of being accessed by foreign governments, such
as China.
---------------------------------------------------------------------------
\8\Id. at 1.
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S. 3997, the Safeguarding American Innovation Act,
addresses gaps within the Federal Government that competitors
like China continue to exploit. The enactment of this bill will
accomplish this by imposing requirements to improve Federal
grant application processes, establish interagency coordination
to address threats, increase reporting for relevant
information, and prevent known, or likely bad actors from
acquiring U.S. research for nefarious purposes. This will
assist the Federal Government's response to the threat posed by
China and work to ensure that research, intellectual property,
technology, and grant funds do not benefit foreign competitors.
III. Legislative History
Senator Rob Portman introduced S. 3997, the Safeguarding
American Innovation Act, on June 18, 2020, with Senators Thomas
Carper, John Barrasso, Marsha Blackburn, Mike Braun, Chris
Coons, Catherine Cortez Mastro, Margaret Hassan, Josh Hawley,
Joe Manchin, Jim Risch, Marco Rubio, Rick Scott, Jean Shaheen,
and Tom Tillis. Senators Charles Grassley, Ron Johnson, Martha
McSally, James Lankford and Mitt Romney later joined as
cosponsors. The bill was referred to the Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 3997 at a business meeting on
July 22, 2020. Senators Portman, Carper, and Romney offered a
substitute amendment that made technical edits and clarified
the reporting requirement for foreign gifts and contracts.
The amendment, and the bill as amended, was ordered
reported favorably by voice vote en bloc. Senators present for
the vote were Johnson, Portman, Paul, Lankford, Romney, Scott,
Enzi, Hawley, Peters, Carper, Hassan, Harris, and Rosen.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title; Table of contents.
Subsection (a) establishes the short title as the
``Safeguarding American Innovation Act''. Subsection (b)
creates a table of contents.
Section 2. Definitions.
This section establishes definitions for terms in the bill,
including ``research and development,'' ``development,''
``experimental development,'' and ``research.''
Section 3. Federal Research Security Council.
Subsection (a) amends Subtitle V of title 31, United States
Code, by establishing a new chapter 79 creating the Federal
Research Security Council. The new Chapter 79 section 7901
establishes definitions for terms used in the chapter including
``appropriate congressional committees,'' ``Council,''
``Executive Agency,'' ``Federal Research Security Risk,''
``Insider,'' and ``Insider Threat,'' ``Research and
Development,'' and ``United States Research Community.''
New section 7902 establishes the Federal Research Security
Council in OMB to develop Federally-funded research and
development grants guidance, establishes the membership of the
Council, and how the Chairperson is to be determined.
New section 7903 subsection (a) outlines the functions and
authorities of the Council, including the development of
uniform grant application processes; the development and
implementation of reporting processes; sharing information with
stakeholders to mitigate security risks; the identification of
an Executive agency partners for various purposes; and
identification and issuance of guidance. Subsection (b)
establishes requirements for the government-wide uniform grant
application process. Subsection (c) establishes requirements
for information-sharing criteria. Subsection (d) establishes
requirements for how the Council should develop insider threat
guidance. Subsection (e) requires the Council in conjunction
with the lead security advisor to issue warnings on threats,
risks, and vulnerabilities to the research community.
Subsection (f) requires that the interagency working group
established under section 1746 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) be a
working group under the Council. Subsection (g) requires the
Interagency Suspension and Debarment Committee to provide
quarterly reports to the Council.
New section 7904 requires the Council to develop a
strategic plan within 180 days of enactment that addresses
Federal research security risks and includes information-
sharing requirements for risks; identifications of authorities
and best practices for addressing risks; recommendations to
mitigate risks; and evaluations and plans. This section also
requires the strategic plan be submitted to Congress.
New section 7905 requires the Chairperson to submit a
report on the activities and progress of the Council to
Congress not later than December 15 each year.
New section 7906 requires all heads of Executive agencies
on the Council to assess, avoid, and mitigate risks to
Federally-funded research and align agency initiatives related
to research grant policies with Council guidance. It also
directs all heads of Executive agencies on the Council to
develop risk management strategies, integrate risk management
practices, share information on federal research security risks
as well as report on effectiveness of the Federal research
security risk management strategy.
Subsection (b) is a clerical amendment to change the table
of chapters in title 31 of United States Code to reflect the
new chapter 79.
Section 4. Federal Grant Application Fraud.
Subsection (a) amends Chapter 47 of title 18 of the United
States Code by adding a new section that criminalizes Federal
grant application fraud. New section 1041 establishes
definitions for terms in the section; makes it unlawful for any
individual to knowingly prepare or submit Federal grant
applications that omit receipt of outside or foreign
compensation, as well as providing false information on Federal
grant applications; exempts cases of Federal grant application
fraud from being unlawful when they are carried out in
connection to lawful investigative, protective, or intelligence
activity; and sets penalties for violators of subsection (b)
including fines, or at most 5-year imprisonment, or both.
Additionally, violators will be prohibited from receiving
Federal grants for five years beginning when a sentence is
imposed.
Subsection (b) amends the table of sections for chapter 47
of title 18, United States Code to reflect new section 1041.
Section 5. Restricting the Acquisition of Goods, Technologies, and
Sensitive Information to Certain Aliens.
Subsection (a) amends Section 212(a)(3)(A)(i) of the
Immigration and Nationality Act to authorize Consular officers
to deny visas to aliens seeking to travel to the U.S. to engage
solely in activity to access export-controlled technologies if
that access would be contrary to a national or economic
security interest of the U.S.
Subsection (b) establishes factors for determining visa
denials under the amended Section 212(a)(3)(A)(i) of the
Immigration and Nationality Act. Further, the subsection
directs the State Department to seek interagency assistance for
establishing criteria and to use machine-readable documents for
visa applications.
Subsection (c) requires the State Department, in
coordination with other Federal departments and agencies, to
submit a report to Congress that details the criteria developed
in this section and the number of inadmissible individuals
referenced in Section 212(a)(3)(A)(i) of the Immigration and
Nationality Act.
Subsection (d) establishes that each annual report should
be unclassified to the extent possible and include a classified
appendix if necessary.
Subsection (e) requires the Secretary of State to submit a
report to Congress within 45 days of enactment of this
legislation regarding implementation of this section.
Section 6. Limitations on Educational and Cultural Exchange Programs.
This section amends Section 102(b)(5) of the Mutual
Educational and Cultural Exchange Act of 1961 to require
exchange visa sponsors to provide the State Department with
information on the exchange visitor's access to export-
controlled technologies through research, lectures, course
work, conferences, and more. . Additionally, this section
requires visa sponsors to provide the State Department plans to
mitigate unauthorized access to export-controlled technologies.
Lastly, this section requires visa sponsors to demonstrate, to
the appropriate satisfaction of the Secretary of State, that
they have received appropriate authorization from the
appropriate Federal agency to allow the exchange visitor to
access export-controlled technologies.
Section 7. Amendments to Disclosures of Foreign Gifts.
This section amends section 117 of the Higher Education Act
of 1965 to reduce the required reporting threshold for foreign
gifts and contracts made to colleges and universities from
$250,000 to $50,000. Further, this section allows the Secretary
of Education to permit institutions to revise and update
reports previously filed to account for the new minimum
reporting requirement. The Secretary of Education is also
required to make disclosure reports publicly available in an
electronic format. The Secretary of Education is also given the
authority to fine institutions that have failed to disclose
receipts of foreign gifts of at least $50,000 for three years
in a row. Additionally, the Secretary of Education is required
to issue regulations using the negotiated rulemaking procedure
for instructions related to reporting requirements. Lastly,
this section requires that tuitions and scholarships not be
considered a gift or contract under this section.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 19, 2020.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3997, the
Safeguarding American Innovation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aldo
Prosperi.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
The bill would:
Require the Department of State to modernize
its visa application system and to share visa
application information with law enforcement agencies
Expand the Department of State's authority
to deny visas to foreign nationals who are deemed a
threat to national security
Require the Office of Management and Budget
to establish the Federal Research Security Council to
standardize the process for making federal research and
development grants
Impose penalties on grant applicants that
intentionally fail to disclose sources of foreign
compensation
Require certain federal grant recipients to
disclose financial relationships with foreign entities
Estimated budgetary effects would primarily stem from:
Implementing new federal grant-making
processes
Operating the Federal Research Security
Council
Areas of significant uncertainty include:
Estimating the amount that the government
would collect in fines and other penalties under the
bill
Bill summary: S. 3997 would require the Department of State
to modernize its visa application process and expand the list
of reasons for denying visas to foreign researchers.
The bill also would establish the Federal Research Security
Council within the Office of Management and Budget. The Council
would be responsible for standardizing the federal process for
grant applications and approvals for U.S. universities. In
addition, the bill would prohibit applicants for federal grants
from submitting applications that do not disclose known foreign
sources of financial compensation, and it would lower the
dollar value of foreign gifts that postsecondary institutions
must report to the government.
S. 3997 would provide new oversight and enforcement powers
for federal agencies involved in securing U.S. intellectual
property from foreign adversaries. Federal agencies would be
required to collect information on sensitive technology or data
that foreign grantees might access.
Estimated Federal cost: The estimated budgetary effects of
S. 3997 are shown in Table 1. The costs of the legislation fall
within budget functions 150 (international affairs), 500
(education, training, employment, and social services), and 800
(general government).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 3997
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
---------------------------------------------
2021 2022 2023 2024 2025 2021-2025
----------------------------------------------------------------------------------------------------------------
Increases in Spending Subject to Appropriation
Department of State Implementation Costs:
Estimated Authorization....................................... 15 0 0 0 0 15
Estimated Outlays............................................. 8 7 0 0 0 15
Federal Research Security Council:
Estimated Authorization....................................... 1 2 2 2 3 10
Estimated Outlays............................................. 1 2 2 2 3 10
Total Changes:
Estimated Authorization....................................... 16 2 2 2 3 25
Estimated Outlays............................................. 9 9 2 2 3 25
----------------------------------------------------------------------------------------------------------------
In addition to the budgetary effects shown above, CBO estimates that enacting S. 3997 would have insignificant
effects on direct spending and revenues over the 2021-2030 period.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted early in fiscal year 2021 and that
the estimated amounts will be appropriated each fiscal year.
Spending subject to appropriation: CBO estimates that
implementing S. 3997 would cost $25 million over the 2021 2025
period; such spending would be subject to the availability of
appropriations.
Department of State Implementation Costs. Section 5 would
require the Department of State to modernize its visa
application system and to electronically share application
forms and supporting documents with law enforcement agencies.
Using information from the department, CBO estimates that it
would cost $15 million to implement a visa application system
that produces and uses machine-readable documents.
Federal Research Security Council. Section 3 would
standardize federal grant-making policy by establishing a new
interagency council in the Office of Management and Budget
(OMB). That council would develop uniform policies and
procedures for federal agencies that make research and
development grants, and it would share information with U.S.
research institutions regarding foreign threats to sensitive
technology and data. Using information from OMB about costs for
similar activities, CBO estimates that staff salaries, travel
costs, and other expenses would total $2 million annually, or
$10million over the 2021-2025 period.
Department of Education Implementation Costs. Section 7
would require the Department of Education to issue regulations
and reports on foreign gifts provided to U.S. research
institutions. Using information about similar activities, CBO
estimates that provision would cost less than $500,000 over the
2021-2025 period.
Direct spending and revenues: CBO estimates that
implementing S. 3997 would have insignificant effects on direct
spending and revenues over the 2021-2030 period.
Grant Application Fraud. Section 4 would allow the federal
government to bring charges against federal grant applicants
for nondisclosure of compensation from foreign entities. Those
prosecuted and convicted under S. 3997 could be subject to
civil and criminal fines. Civil fines are recorded in the
budget as revenues. Criminal fines are recorded as revenues,
deposited into the Crime Victims Fund, and can be spent without
further appropriation. CBO expects that the direct spending and
revenues associated with those penalties would be insignificant
in any year and over the 2021-2030 period because of the
relatively small number of cases likely to be affected.
Denial of Visas. Section 5 would authorize the Department
of State to deny visas to the United States to people suspected
of threatening U.S. national security by illicitly acquiring
sensitive goods, technologies, or data. CBO estimates that
enacting the bill would increase the number of people who are
denied visas. Most visa fees are retained by the department and
spent without further appropriation, but some amounts are
deposited into the Treasury as revenues. Denying foreign
nationals entry into the United States also would reduce direct
spending on certain federal benefits for which they are
eligible, such as emergency Medicaid or federal subsidies for
health insurance.
Using information from the department, CBO estimates that
few people would be affected; thus, enacting the bill would
have insignificant effects on direct spending and revenues and
would, on net, reduce the deficit by insignificant amounts.
Fines for Nondisclosure. Section 7 would lower the dollar
amount in foreign gifts that postsecondary institutions must
report to the government. The bill would authorize the
Department of Education to fine U.S. research institutions that
do not file the appropriate disclosure reports. CBO estimates
that imposing new fines would have an insignificant effect on
revenues over the 2021-2030 period.
Uncertainty: The budgetary effects of the bill would depend
to some extent on the number and amount of fines imposed under
the bill's provisions. If more was collected in fines than CBO
expects, revenues would be higher than estimated.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that enacting S. 3997 would have
insignificant effects on direct spending and revenues and
would, on net, reduce the deficit by insignificant amounts.
Increase in long-term deficits: None.
Mandates: None.
Estimate prepared by: Federal Costs: Aldo Prosperi (federal
grant policy), Sunita D'Monte (Department of State), David
Rafferty (immigration), Justin Humphrey (Department of
Education); Mandates: Andrew Laughlin.
Estimate reviewed by: David Newman, Chief, Defense,
International Affairs, and Veterans' Affairs Cost Estimates
Unit; Leo Lex, Deputy Director of Budget Analysis; Theresa
Gullo, Director of Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
UNITED STATES CODE
* * * * * * *
TITLE 2--EDUCATION
* * * * * * *
CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
* * * * * * *
Subchapter I--General Provisions
* * * * * * *
PART B--ADDITIONAL GENERAL PROVISIONS
* * * * * * *
SEC. 1011F. DISCLOSURES OF FOREIGN GIFTS
(a) Disclosure Report.--
(1) In general.--An institution shall file a
disclosure report with the Secretary not later than
March 31 occurring after--
(A) the calendar year in which a foreign
source gains ownership of, or control over, the
institution; or
(B) the calendar year in which the
institution receives a gift from, or enters
into a contract with, a foreign source, the
value of which is $50,000 or more, considered
alone or in combination with all other gifts
from or contracts with that foreign source
within a calendar year.
(2) Revisions; updates.--The Secretary shall permit
institutions to revise and update disclosure reports
previously filed to ensure accuracy, compliance, and
the ability to cure.
[Whenever any institution is owned or controlled by a
foreign source or receives a gift from or enters into a
contract with a foreign source, the value of which is $250,000
or more, considered alone or in combination with all other
gifts from or contracts with that foreign source within a
calendar year, the institution shall file a disclosure report
with the Secretary on January 31 or July 31, whichever is
sooner.]
(b) Contents of report.--Each report to the Secretary
required by this section shall contain the following:
(1) For gifts received from or contracts entered into
with a foreign source other than a foreign government,
the aggregate dollar amount of such gifts and contracts
attributable to a particular country and the legal or
formal name of the foreign source. The country to which
a gift is attributable is the country of citizenship,
or if unknown, the principal residence for a foreign
source who is a natural person, and the country of
incorporation, or if unknown, the principal place of
business, for a foreign source which is a legal entity.
(2) * * *
(3) * * *
(4) An assurance that the institution will maintain
true copies of gift and contract agreements subject to
the disclosure requirements under this section for at
least the duration of the agreement.
(5) An assurance that the institution will produce
true copies of gift and contract agreements subject to
the disclosure requirements under this section upon
request of the Secretary during a compliance audit or
other institutional investigation.
* * * * * * *
(e) Public Inspection.--Not later than 30 days after
receiving a disclosure report under this section, the Secretary
shall make such report electronically available to the public
for downloading on a searchable database under which
institutions can be individually identified and compared.
[All disclosure reports required by this section shall be
public records open to inspection and copying during business
hours.]
(f) Enforcement.--
(1) Court orders.--Whenever it appears that an
institution has failed to comply with the requirements
of this section, including any rule or regulation
promulgated under this section, a civil action may be
brought by the Attorney General, at the request of the
Secretary, in an appropriate district court of the
United States, or the appropriate United States court
of any territory or other place subject to the
jurisdiction of the United States, to request such
court to compel compliance with the requirements of
this section.
(2) Costs.--For knowing or willful failure to comply
with the requirements of this section, including any
rule or regulation promulgated thereunder, an
institution shall pay to the Treasury of the United
States the full costs to the United States of obtaining
compliance, including all associated costs of
investigation and enforcement.
(3) Fines.--
(A) In general.--The Secretary may impose a
fine on any institution that repeatedly fails
to file a disclosure report for a receipt of a
gift from or contract with a foreign source in
accordance with subsection (a) in an amount
that is not more than 3 times the amount of the
gift or contract with the foreign source.
(B) Definition of repeatedly fails.--In this
paragraph, the term ``repeatedly fails'' means
that the institution failed to file a
disclosure report for a receipt of a gift from
or contract with a foreign source in 3
consecutive years.
(g) [Regulations] Rulemaking.--
(1) In general.--Not later than 1 year after the date
of enactment of the Safeguarding American Innovation
Act, the Secretary shall issue regulations to carry out
this section using the negotiated rulemaking procedure
set forth in section 492(b).
(2) Elements.--Regulations issued pursuant to
paragraph (1) shall--
(A) incorporate instructions for--
(i) reporting structured gifts and
contracts; and
(ii) reporting contracts that
balances the need for transparency,
while protecting the proprietary
information of institutes of higher
education; and
(B) clarify the definition of `subunit' for
purposes of subsection (i)(4)(C).
[The Secretary may promulgate regulations to carry out this
section.]
(h) Treatment of Tuition Payment.--A tuition and related
fees and expenses payment to an institution by, or a
scholarship from, a foreign source made on behalf of a student
enrolled at such institution shall not be considered a gift
from or contract with a foreign source under this section.
(i) [(h)] Definitions
For the purpose of this section--
(1) * * *
(2) * * *
(3) the term ``gift'' means any gift of money,
property, human resources, or staff, including staff
salaries [or property];
(4) * * *
(5) the term ``restricted or conditional gift or
contract'' means any endowment, gift, grant, contract,
award, present, or property of any kind which includes
provisions regarding--
(A) the employment, assignment, or
termination of faculty;
(B) the establishment of departments,
centers, institutes, instructional programs,
research or lecture programs, or new faculty
positions;
* * * * * * *
TITLE 8--ALIENS AND NATIONALITY
* * * * * * *
CHAPTER 12--IMMIGRATION AND NATIONALITY
* * * * * * *
Subchapter II--Immigration
* * * * * * *
PART II--ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF
CITIZENS AND ALIENS
* * * * * * *
SEC. 1182. INADMISSIBLE ALIENS
(a) * * *
(1) * * *
(2) * * *
(3) Security and related grounds.--
(A) In general.--Any alien who a consular
officer or the Attorney General knows, or has
reasonable ground to believe, seeks to enter
the United States to engage solely,
principally, or incidentally in--
(i) any activity--
(I) to violate any law of the
United States relating to
espionage or sabotage; [or]
(II) to violate or evade any
law prohibiting the export from
the United States of goods,
technology, or sensitive
information[,];
(III) to acquire export-
controlled goods, technologies,
or sensitive information
(notwithstanding any exclusions
for items not normally subject
to export controls) if the
Secretary of State has
determined that the acquisition
of those goods, technologies,
or sensitive information by a
category of aliens that
includes such alien would be
contrary to an articulable
national security (including
economic security) interest of
the United States;
* * * * * * *
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
PART 1--CRIMES
* * * * * * *
CHAPTER 47--FRAUD AND FALSE STATEMENTS
* * * * * * *
Sec.
1001. Statements or entries generally.
* * * * * * *
1041. Federal grant application fraud.
* * * * * * *
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, but not limited to, a title,
research grant, cooperative agreement, contract,
institutional award, access to a laboratory, or other
resource, including, but not limited to, 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;
(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 false statement;
(B) contains a material misrepresentation;
(C) has no basis in law or fact; or
(D) 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; 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).
* * * * * * *
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
* * * * * * *
CHAPTER 33--MUTUAL EDUCATIONAL AND CULTUREAL EXCHANGE PROGRAM
* * * * * * *
Subchapter II--Immigration
* * * * * * *
PART II--ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF
CITIZENS AND ALIENS
* * * * * * *
SEC. 2452. AUTHORIZATION OF ACTIVITIES.
(a) * * *
(b) * * *
(1) * * *
* * * * * * *
(5) promoting and supporting medical, scientific,
cultural, and educational research and development[;]
by developing exchange programs for foreign researchers
and scientists, while protecting technologies regulated
by export control laws important to the national
security and economic interests of the United States,
including requiring sponsors--
(A) to disclose to the Department of State
whether an exchange visitor, as a primary part
of his or her exchange program, will have
released to them controlled technology or
technical data regulated by export control laws
at sponsor organizations through research
activities, lectures, course work, sponsor
employees, officers, agents, third parties at
which the sponsor places the exchange visitor,
volunteers, or other individuals or entities
associated with a sponsor's administration of
the exchange visitor program;
(B) to provide a plan to the Department of
State that establishes appropriate program
safeguards to prevent the unauthorized release
of controlled technology or technical data
regulated by export control laws at sponsor
organizations or through their employees,
officers, agents, third parties, volunteers, or
other individuals or entities associated with a
sponsor's administration of the exchange
visitor program; and
(C) to demonstrate, to the satisfaction of
the Secretary of State, that programs that will
release controlled technology or technical data
to an exchange visitor at the sponsor
organization through exchange visitor programs
have received appropriate authorization from
the Department of State, the Department of
Commerce, other cognizant Federal agency before
the sponsor releases controlled technology or
technical data;
* * * * * * *
TITLE 31--MONEY AND FINANCE
* * * * * * *
Subtitle V--General Assistance Administration
* * * * * * *
61. Program Information........................................... 6101
62. Consolidated Federal Funds Report............................. 6201
63. Using Procurement Contracts and Grant and Cooperative
Agreements.......................................... 6301
64. Data standards for grant reporting............................ 6401
65. Intergovernmental Cooperation................................. 6501
67. Federal payments.............................................. 6701
69. Payment for Entitlement Land.................................. 6901
71. Joint Funding Simplification.................................. 7101
73. Administering Block Grants.................................... 7301
75. Requirements for Single Audits................................ 7501
77. Access to information for debt collection..................... 7701
79. Federal Research Security Council............................. 7901
* * * * * * *
CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL
Sec.
7901. Definitions.
7902. Federal Research Security Council establishment and membership.
7903. Functions and authorities.
7904. Strategic plan.
7905. Annual report.
7906. Requirements for Executive agencies.
SEC. 7901. DEFINITIONS
In this chapter:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Select Committee on Intelligence of
the Senate;
(D) the Committee on Foreign Relations of the
Senate;
(E) the Committee on Armed Services of the
Senate;
(F) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(G) the Committee on Oversight and Reform of
the House of Representatives;
(H) the Committee on Homeland Security of the
House of Representatives;
(I) the Committee on Energy and Commerce of
the House of Representatives;
(J) the Permanent Select Committee on
Intelligence of the House of Representatives;
(K) the Committee on Foreign Affairs of the
House of Representatives;
(L) the Committee on Armed Services of the
House of Representatives; and
(M) the Committee on Education and Labor of
the House of Representatives.
(2) Council.--The term ``Council'' means the Federal
Research Security Council established under section
7902(a).
(3) Executive agency.--The term ``Executive agency''
has the meaning given that term in section 105 of title
5.
(4) Federal research security risk.--The term
``Federal research security risk'' means the risk posed
by malign state actors and other persons to the
security and integrity of research and development
conducted using grants awarded by Executive agencies.
(5) Insider.--The term ``insider'' means any person
with authorized access to any United States Government
resource, including personnel, facilities, information,
research, equipment, networks, or systems.
(6) Insider threat.--The term ``insider threat''
means the threat that an insider will use his or her
authorized access (wittingly or unwittingly) to harm
the national and economic security of the United States
or negatively affect the integrity of a Federal
agency's normal processes, including damaging the
United States through espionage, sabotage, unauthorized
disclosure of national security information or non-
public information, or through the loss or degradation
of departmental resources, capabilities, and functions.
(7) Research and development.--
(A) In general.--The term ``research and
development'' means all research activities,
both basic and applied, and all development
activities.
(B) Development.--The term ``development''
means experimental development.
(C) Experimental development.--The term
``experimental development'' means creative and
systematic work, drawing upon knowledge gained
from research and practical experience, which--
(i) is directed toward the production
of new products or processes or
improving existing products or
processes; and (ii) like research, will
result in gaining additional knowledge.
(D) Research.--The term ``research''--
(i) means a systematic study directed
toward fuller scientific knowledge or
understanding of the subject studied;
and
(ii) includes activities involving
the training of individuals in research
techniques if such activities--
(I) utilize the same
facilities as other research
and development activities; and
(II) are not included in the
instruction function.
(8) United states research community.--The term
``United States research community'' means--
(A) research and development centers of
Executive agencies;
(B) private research and development centers
in the United States, including for-profit and
nonprofit research institutes;
(C) research and development centers at
institutions of higher education (as defined in
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)));
(D) research and development centers of
States, United States territories, Indian
tribes, and municipalities;
(E) government-owned, contractor-operated
United States Government research and
development centers; and
(F) any person conducting federally funded
research or receiving Federal research grant
funding.
SEC. 7902. FEDERAL RESEARCH SECURITY COUNCIL ESTABLISHMENT AND
MEMBERSHIP
(a) Establishment.--There is established, in the Office of
Management and Budget, a Federal Research Security Council,
which shall develop federally funded research and development
grant making policy and management guidance to protect the
national and economic security interests of the United States.
(b) Membership.--
(1) In general.--The following agencies shall be
represented on the Council:
(A) The Office of Management and Budget.
(B) The Office of Science and Technology
Policy.
(C) The Department of Defense.
(D) The Department of Homeland Security.
(E) The Office of the Director of National
Intelligence, including the National
Counterintelligence and Security Center.
(F) The Department of Justice, including the
Federal Bureau of Investigation.
(G) The Department of Energy.
(H) The Department of Commerce, including the
National Institute of Standards and Technology.
(I) The Department of Health and Human
Services, including the National Institutes of
Health.
(J) The Department of State.
(K) The Department of Transportation.
(L) The National Aeronautics and Space
Administration.
(M) The National Science Foundation.
(N) The Department of Education.
(O) The Small Business Administration.
(P) The Council of Inspectors General on
Integrity and Efficiency.
(Q) Other Executive agencies, as determined
by the Chairperson of the Council.
(2) Lead representatives.--
(A) Designation.--Not later than 45 days
after the date of the enactment of this
chapter, the head of each agency represented on
the Council shall designate a representative of
that agency as the lead representative of the
agency on the Council.
(B) Functions.--The lead representative of an
agency designated under subparagraph (A) shall
ensure that appropriate personnel, including
leadership and subject matter experts of the
agency, are aware of the business of the
Council.
(c) Chairperson.--
(1) Designatoin.--Not later than 45 days after the
date of the enactment of this chapter, the Director of
the Office of Management and Budget shall designate a
senior-level official from the Office of Management and
Budget to serve as the Chairperson of the Council.
(2) Functions.--The Chairperson shall perform
functions that include--
(A) subject to subsection (d), developing a
schedule for meetings of the Council;
(B) designating Executive agencies to be
represented on the Council under subsection
(b)(1)(Q);
(C) in consultation with the lead
representative of each agency represented on
the Council, developing a charter for the
Council; and
(D) not later than 7 days after completion of
the charter, submitting the charter to the
appropriate congressional committees.
(3) Lead science advisor.The Director of the Office
of Science and Technology Policy shall be the lead
science advisor to the Chairperson for purposes of this
chapter.
(4) Lead Security Advisor.--The Director of the
National Counterintelligence and Security Center shall
be the lead security advisor to the Chairperson for
purposes of this chapter.
(d) Meetings.--The Council shall meet not later than
60 days after the date of the enactment of this chapter
and not less frequently than quarterly thereafter.
SEC. 7903. FUNCTIONS AND AUTHORITIES
(a) In General.--The Chairperson of the Council shall
consider the missions and responsibilities of Council members
in determining the lead agencies for Council functions. The
Council shall perform the following functions:
(1) Developing and implementing, across all Executive
agencies that award research and development grants, a
uniform application process for grants in accordance
with subsection (b).
(2) Developing and implementing a uniform and regular
reporting process for identifying persons participating
in federally funded research and development or that
have access to nonpublic federally funded information,
data, research findings, and research and development
grant proposals.
(3) Identifying or developing criteria, in accordance
with subsection (c), for sharing and receiving
information with respect to Federal research security
risks in order to mitigate such risks with--
(A) members of the United States research
community; and
(B) other persons participating in federally
funded research and development.
(4) Identifying an appropriate Executive agency--
(A) to accept and protect information
submitted by Executive agencies and non-Federal
entities based on the processes established
under paragraphs (1) and (2); and
(B) to facilitate the sharing of information
received under subparagraph (A) to support, as
necessary and appropriate--
(i) oversight of federally funded
research and development;
(ii) criminal and civil
investigations of misappropriated
Federal funds, resources, and
information; and (iii)
counterintelligence investigations.
(5) Identifying, as appropriate,
Executive agencies to provide--
(A) shared services, such as support for
conducting Federal research security risk
assessments, activities to mitigate such risks,
and oversight and investigations with respect
to grants awarded by Executive agencies; and
(B) common contract solutions to support
enhanced information collection and sharing and
the verification of the identities of persons
participating in federally funded research and
development.
(6) Identifying and issuing guidance, in accordance
with subsection (d) and in coordination with the
National Insider Threat Task Force established by
Executive Order 13587 (50 U.S.C. 3161 note) for
developing and implementing insider threat programs for
Executive agencies to deter, detect, and mitigate
insider threats, including the safeguarding of
sensitive information from exploitation, compromise, or
other unauthorized disclosure, taking into account risk
levels and the distinct needs, missions, and systems of
each such agency.
(7) Identifying and issuing guidance for developing
compliance and oversight programs for Executive
agencies to ensure that research and development grant
recipients accurately report conflicts of interest and
conflicts of commitment in accordance with subsection
(b)(1). Such programs shall include an assessment of--
(A) a grantee's support from foreign sources
and affiliations with foreign funding
institutions or laboratories; and
(B) the impact of such support and
affiliations on United States national security
and economic interests.
(8) Assessing and making recommendations with respect
to whether openly sharing certain types of federally
funded research and development is in the economic and
national security interests of the United States.
(9) Identifying and issuing guidance to the United
States research community, and other recipients of
Federal research and development funding, to ensure
that such institutions and recipients adopt existing
best practices to reduce the risk of misappropriation
of research data.
(10) Identifying and issuing guidance on additional
steps that may be necessary to address Federal research
security risks arising in the course of Executive
agencies providing shared services and common contract
solutions under paragraph (5)(B).
(11) Engaging with the United States research
community in performing the functions described in
paragraphs (1), (2), and (3) and with respect to issues
relating to Federal research security risks.
(12) Carrying out such other functions, as determined
by the Council, that are necessary to reduce Federal
research security risks.
(b) Requirements for Uniform Grant Application Process.--In
developing the uniform application process for Federal research
and development grants required under subsection (a)(1), the
Council shall--
(1) ensure that the process--
(A) requires principal investigators, co-
principal investigators, and senior personnel
associated with the proposed Federal research
or development grant project--
(i) to disclose biographical
information, all affiliations,
including any foreign military, foreign
government-related organizations, and
foreign-funded institutions, and all
current and pending support, including
from foreign institutions, foreign
governments, or foreign laboratories,
and all support received from foreign
sources; and
(ii) to certify the accuracy of the
required disclosures under penalty of
perjury; and
(B) uses a machine-readable application form
to assist in identifying fraud and ensuring the
eligibility of applicants;
(2) design the process--
(A) to reduce the administrative burden on
persons applying for Federal research and
development funding; and
(B) to promote information sharing across the
United States research community, while
safeguarding sensitive information; and
(3) complete the process not later than 1 year after
the date of the enactment of the Safeguarding American
Innovation Act.
(c) Requirements for Information Sharing Criteria.--In
identifying or developing criteria and procedures for sharing
information with respect to Federal research security risks
under subsection (a)(3), the Council shall ensure that such
criteria address, at a minimum--
(1) the information to be shared;
(2) the circumstances under which sharing is mandated
or voluntary;
(3) the circumstances under which it is appropriate
for an Executive agency to rely on information made
available through such sharing in exercising the
responsibilities and authorities of the agency under
applicable laws relating to the award of grants;
(4) the procedures for protecting intellectual
capital that may be present in such information; and
(5) appropriate privacy protections for persons
involved in Federal research and development.
(d) Requirements for Insider Threat Program Guidance.--In
identifying or developing guidance with respect to insider
threat programs under subsection (a)(6), the Council shall
ensure that such guidance provides for, at a minimum--
(1) such programs--
(A) to deter, detect, and mitigate insider
threats; and
(B) to leverage counterintelligence,
security, information assurance, and other
relevant functions and resources to identify
and counter insider threats;
(2) the development of an integrated capability to
monitor and audit information for the detection and
mitigation of insider threats, including through--
(A) monitoring user activity on computer
networks controlled by Executive agencies;
(B) providing employees of Executive agencies
with awareness training with respect to insider
threats and the responsibilities of employees
to report such threats;
(C) gathering information for a centralized
analysis, reporting, and response capability;
and
(D) information sharing to aid in tracking
the risk individuals may pose while moving
across programs and affiliations;
(3) the development and implementation of policies
and procedures under which the insider threat program
of an Executive agency accesses, shares, and integrates
information and data derived from offices within the
agency;
(4) the designation of senior officials with
authority to provide management, accountability, and
oversight of the insider threat program of an Executive
agency and to make resource recommendations to the
appropriate officials; and
(5) such additional guidance as is necessary to
reflect the distinct needs, missions, and systems of
each Executive agency.
(e) Issuance of Warnings Relating to Risks and
Vulnerabilities in International Scientific Cooperation.--
(1) In general.--The Council, in conjunction with the
lead security advisor under section 7902(c)(4), shall
establish a process for informing members of the United
States research community and the public, through the
issuance of warnings described in paragraph (2), of
potential risks and vulnerabilities in international
scientific cooperation that may undermine the integrity
and security of the United States research community or
place at risk any federally funded research and
development.
(2) Content.--A warning described in this paragraph
shall include, to the extent the Council considers
appropriate, a description of--
(A) activities by the national government,
local governments, research institutions, or
universities of a foreign country--
(i) to exploit, interfere, or
undermine research and development by
the United States research community;
or
(ii) to misappropriate scientific
knowledge resulting from federally
funded research and development;
(B) efforts by strategic competitors to
exploit the research enterprise of a foreign
country that may place at risk--
(i) the science and technology of
that foreign country; or
(ii) federally funded research and
development; and
(C) practices within the research enterprise
of a foreign country that do not adhere to the
United States scientific values of openness,
transparency, reciprocity, integrity, and
merit-based competition.
(f) Program Office and Committees.--The interagency working
group established under section 1746 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116--92)
shall be a working group under the Council performing duties
authorized under such section and as directed by the Council.
The Council shall use any findings or work product, existing or
forthcoming, by such working group. The Council may also
establish a program office and any committees, working groups,
or other constituent bodies the Council deems appropriate, in
its sole and unreviewable discretion, to carry out its
functions.
(g) Exclusion Orders.--To reduce Federal research security
risk, the Interagency Suspension and Debarment Committee shall
provide quarterly reports to the Council that detail--
(1) the number of ongoing investigations by Council
Members related to Federal research security that may
result, or have resulted, in agency pre-notice letters,
suspensions, proposed debarments, and debarments;
(2) Federal agencies' performance and compliance with
interagency suspensions and debarments;
(3) efforts by the Interagency Suspension and
Debarment Committee to mitigate Federal research
security risk;
(4) proposals for developing a unified Federal policy
on suspensions and debarments; and
(5) other current suspension and debarment related
issues.
SEC. 7904. STRATEGIC PLAN
(a) In General.--Not later than 180 days after the date of
the enactment of this chapter, the Council shall develop a
strategic plan for addressing Federal research security risks
and for managing such risks, that includes--
(1) the criteria and processes required under section
7903(a), including a threshold and requirements for
sharing relevant information about such risks with all
Executive agencies and, as appropriate, with other
Federal entities, foreign governments, and non-Federal
entities;
(2) an identification of existing authorities for
addressing such risks;
(3) an identification and promulgation of best
practices and procedures, and an identification of
available resources, for Executive agencies to assess
and mitigate such risks;
(4) recommendations for any legislative, regulatory,
or other policy changes to improve efforts to address
such risks;
(5) recommendations for any legislative, regulatory,
or other policy changes to incentivize the adoption of
best practices for avoiding and mitigating Federal
research security risks by the United States research
community and key United States foreign research
partners;
(6) an evaluation of the effect of implementing new
policies or procedures on existing Federal grant
processes, regulations, and disclosures of conflicts of
interest and conflicts of commitment;
(7) a plan for engaging with Executive agencies, the
private sector, and other nongovernmental stakeholders
to address such risks and share information between
Executive agencies, the private sector, and
nongovernmental stakeholders; and
(8) a plan for identification, assessment,
mitigation, and vetting of Federal research security
risks.
(b) Submission to Congress.--Not later than 7 calendar days
after completion of the strategic plan required by subsection
(a), the Chairperson of the Council shall submit the plan to
the appropriate congressional committees.
SEC. 7905. ANNUAL REPORT
Not later than December 15 of each year, the Chairperson of
the Council shall submit a report to the appropriate
congressional committees that describes--
(1) the activities of the Council during the
preceding fiscal year; and
(2) the progress made toward implementing the
strategic plan required under section 7904 after such
plan has been submitted to Congress.
SEC. 7906. REQUIREMENTS FOR EXECUTIVE AGENCIES
(a) In General.--The head of each Executive agency on the
Council shall be responsible for--
(1) assessing Federal research security risks posed
by persons participating in federally funded research
and development;
(2) avoiding or mitigating such risks, as appropriate
and consistent with the standards, guidelines,
requirements, and practices identified by the Council
under section 7903(a);
(3) prioritizing Federal research security risk
assessments conducted under paragraph (1) based on the
applicability and relevance of the research and
development to the national security and economic
competitiveness of the United States; and
(4) ensuring that all agency initiatives impacting
federally funded research grant making policy and
management to protect the national and economic
security interests of the United States are integrated
with the activities of the Council.
(b) Inclusions.--The responsibility of the head of an
Executive agency for assessing Federal research security risk
described in subsection (a) includes--
(1) developing an overall Federal research security
risk management strategy and implementation plan and
policies and processes to guide and govern Federal
research security risk management activities by the
Executive agency;
(2) integrating Federal research security risk
management practices throughout the lifecycle of the
grant programs of the Executive agency;
(3) sharing relevant information with other Executive
agencies, as determined appropriate by the Council in a
manner consistent with section 7903; and
(4) reporting on the effectiveness of the Federal
research security risk management strategy of the
Executive agency consistent with guidance issued by the
Office of Management and Budget and the Council.
* * * * * * *