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Code · BILL · 116th Congress · H.R. 8346 (Introduced in House) — To protect federally funded academic research from undue foreign influences and threats by better informing the acade... · Sec. 3

Sec. 3. National Commission on Academic Research Protection

1,312 words·~6 min read·/bill/116/hr/8346/ih/section-3·

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There is established in the executive branch an independent commission, to be known as the National Commission on Academic Research Protection (in this section referred to as the Commission ), to address concerns related to undue foreign influence at institutions of higher education conducting federally funded research and development. The Commission shall be considered an independent establishment (as defined in section 104 of title 5, United States Code). The Commission shall be composed of 30 members, as follows:
The Director of the Office of Science and Technology. The National Security Advisor (or a designee). The Director of National Intelligence (or a designee). The Director of the National Science Foundation (or a designee). The Secretary of Commerce (or a designee). The Secretary of State (or a designee). The Secretary of Defense (or a designee). The Secretary of Homeland Security (or a designee). The Secretary of Health and Human Services (or a designee). The Secretary of Energy (or a designee).
The Secretary of Education (or a designee). The Secretary of Agriculture (or a designee). The Administrator of the National Aeronautics and Space Administration (or a designee). The Archivist of the National Archives and Records Administration (or a designee). The Attorney General (or a designee). Twelve individuals who are employed by institutions of higher education and have demonstrated expertise relevant to the duties of the Commission described in subsection (e). Three individuals who have expertise relevant to the duties of the Commission described in subsection
(e)and are each employed by a different organization that represents institutions of higher education conducting federally funded research and development and that focuses, at least in part, on academic research and development of security policy. The Speaker of the House of Representatives and the minority leader of the House of Representatives shall jointly appoint 6 of the members described in paragraph (1)(P). The Speaker of the House of Representatives and the minority leader of the House of Representatives shall make the appointments described in clause
(i)in consultation with the Chairman and Ranking Member of each of— the Committee on Agriculture of the House of Representatives; the Committee on Appropriations of the House of Representatives; the Committee on Armed Services of the House of Representatives; the Committee on Education and Labor of the House of Representatives; the Committee on Energy and Commerce of the House of Representatives; the Committee on Foreign Affairs of the House of Representatives; the Committee on Homeland Security of the House of Representatives; the Committee on the Judiciary of the House of Representatives; the Committee on Science, Space, and Technology of the House of Representatives; and the Permanent Select Committee on Intelligence of the House of Representatives. The majority leader of the Senate and the minority leader of the Senate shall jointly appoint 6 of the members described in paragraph (1)(P). The majority leader of the Senate and the minority leader of the Senate shall make the appointments described in clause
(i)in consultation with the Chairman and Ranking Member of each of— the Committee on Agriculture, Nutrition, and Forestry of the Senate; the Committee on Appropriations of the Senate; the Committee on Armed Services of the Senate; the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Foreign Relations of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on the Judiciary of the Senate; and the Select Committee on Intelligence of the Senate. The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall jointly appoint the members described in paragraph (1)(Q). To be eligible to be appointed as a member of, or employed by, the Commission, an individual must possess a security clearance that the Secretary of Defense determines sufficient to afford such individual access to the information necessary to carry out the responsibilities of a member or the position in which such individual will be employed, as applicable. Each member appointed under paragraph
(2)shall be appointed to a term of 4 years. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. The members shall elect by majority vote one of the members described in subparagraphs
(P)or
(Q)of paragraph
(1)to serve as the Chair. The members shall elect by majority vote one of the members described in subparagraphs
(A)through
(O)of paragraph
(1)to serve as the Vice Chair. The Chair, in consultation with the Vice Chair, may establish subcommittees to focus on particular topics that are of interest to the Commission. The responsibilities of the Commission shall include the following: The Commission shall serve as the forum for communication between institutions of higher education, Federal law enforcement agencies, Federal counterintelligence agencies, and the intelligence community regarding undue foreign influence on, and threats to, federally funded academic research and development. Not later than six months after the date of the enactment of this Act, and not less than once every six months thereafter, the Commission shall meet to review the intelligence regarding— undue foreign influence on, and threats to, federally funded academic research and development; efforts by foreign entities to recruit students or employees of institutions of higher education; specific technologies relevant to institutions of higher education that foreign entities may seek to exploit; and national security and research security issues related to foreign students attending institutions of higher education in the United States. The Commission shall develop, and update as warranted, methods for educating the academic community in the United States, including faculty and researchers, in an unclassified manner about undue foreign influence on, and threats to, federally funded academic research and development. The Commission shall develop, and update as warranted, recommendations to facilitate the coordination of Federal agency outreach, education, disclosure, and regulatory efforts which affect federally funded research and development at institutions of higher education. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Commission shall review the adequacy of Federal disclosure policies for federally funded academic research and development for protecting such research and development from undue foreign influence and threats. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Commission shall review the adequacy of Federal export control regulations for protecting federally funded academic research and development that is subject to such regulations from undue foreign influence and threats. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to the President and Congress in an unclassified form, but which may contain a classified annex, a report containing recommendations on protecting federally funded academic research from undue foreign influence and threats while maintaining an open and collaborative research environment at institutions of higher education. Not later than 30 days after the date on which the Commission submits a report under paragraph (7), the Commission shall make such report publicly available in an unclassified form. Any other matters that the Commission determines to be relevant to protecting federally funded academic research and development from undue foreign influence and threats. On request of the Chair, made in consultation with the Vice Chair, any head of a Federal agency shall furnish directly to the Commission any information necessary to enable the Commission to carry out this section. For fiscal year 2021 and for each fiscal year thereafter, there is authorized to be appropriated $5,000,000, to remain available until expended, for the Commission to carry out its duties. The Commission shall terminate on the date that is 10 years after the date on which the Commission conducts the initial meeting described in subsection (e)(2).
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