Sec. 6444. National security commission on synthetic biology
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There is established in the executive branch a commission to review advances and develop a consensus on a strategic approach to advance American national security and competitiveness in synthetic biology, related bioengineering and genetics developments, and associated technologies. The commission established under paragraph
(1)shall be known as the National Security Commission on Synthetic Biology (referred to in this section as the Commission ). Subject to subparagraph (B), the Commission shall be composed of the following members: The Deputy Secretary of Defense. The Deputy Secretary of Commerce. The Deputy Secretary of Health and Human Services. The Principal Deputy Director of National Intelligence. Three members appointed by the majority leader of the Senate, one of whom shall be a member of the Senate and two of whom shall not be. Three members appointed by the minority leader of the Senate, one of whom shall be a member of the Senate and two of whom shall not be. Three members appointed by the Speaker of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be. Three members appointed by the minority leader of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be. The members of the Commission who are not members of Congress and who are appointed under clauses
(v)through
(viii)of subparagraph
(A)shall be individuals who are nationally recognized for expertise, knowledge, or experience in— synthetic biology or related bioengineering; genetic developments; use of life sciences technologies by national policymakers and military leaders; or the implementation, funding, or oversight of the national security policies of the United States. An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission. All members of the Commission described in clause
(i)shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information. The Commission shall have two co-chairs, selected from among the members of the Commission. One co-chair of the Commission shall be a member of the Democratic Party, and one co-chair shall be a member of the Republican Party. The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives. Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act. Members shall be appointed for the life of the Commission. After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission. Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. If vacancies in the Commission occur on any day after 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day. If one or more appointments under subsection
(b)is not made by the appointment date specified in subsection (c), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this title. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this title. The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider the methods and means necessary to advance the development of synthetic biology, bioengineering, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States. In conducting the review described in this subsection, the Commission shall consider the following: The competitiveness of the United States in synthetic biology, bioengineering, and associated technologies, including matters related to national security, defense, public-private partnerships, and investments. Means and methods for the United States to maintain a technological advantage in synthetic biology, bioengineering, and other associated technologies related to national security and defense. Developments and trends in international cooperation and competitiveness, including foreign investments in synthetic biology, bioengineering, and genetics fields that are materially related to national security and defense. Means by which to foster greater emphasis and investments in basic and advanced research to stimulate private, public, academic, and combined initiatives in synthetic biology, bioengineering, and other associated technologies, to the extent that such efforts have application materially related to national security and defense. Workforce and education incentives to attract and recruit leading talent in synthetic biology and bioengineering disciplines, including science, technology, engineering, and biology and genetics programs. Risks associated with adversary advances in military employment of synthetic biology and bioengineering, including international law of armed conflict, international humanitarian law, and escalation dynamics. Associated ethical considerations related to synthetic biology, bioengineering, and genetics as it will be used for future applications related to national security and defense. Means to establish international genomic data standards and incentivize the sharing of open training data within related national security and defense synthetic biology-driven industries. Consideration of the evolution of synthetic biology and bioengineering and appropriate mechanisms for managing such technology related to national security and defense. Any other matters the Commission deems relevant to the common defense of the Nation. The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section— hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary. Subpoenas may be issued under subparagraph (A)(ii) under the signature of the co-chairs of the Commission, and may be served by any person designated by such co-chairs. The provisions of sections 102 through 104 of the Revised Statutes of the United States ( 2 U.S.C. 192–194 ) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section. The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title. The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title. Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission. The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable statutes and regulations. The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this title. The Director of National Intelligence may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request. In addition to the assistance set forth in paragraphs
(1)and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. The Commission shall receive the full and timely cooperation of any official, department, or agency of the United States Government whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States. No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission. The co-chairs of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. All staff of the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information. The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title. All experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information. Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title. Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title. Any information related to the national security of the United States that is provided to the Commission by a congressional intelligence committees or the congressional armed services committees may not be further provided or released without the approval of the chairman of such committees. Notwithstanding any other provision of law, after the termination of the Commission under subsection (k)(2), only the members and designated staff of the congressional intelligence committees, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission. Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the President and Congress an initial report on the findings of the Commission and such recommendations that the Commission may have for action by the executive branch and Congress related to synthetic biology, bioengineering, and associated technologies, including recommendations to more effectively organize the Federal Government. Not later than one year after the date of this enactment of this Act, and every year thereafter annually, until the date specified in subsection (e), the Commission shall submit a comprehensive report on the review required under subsection (b). The Commission, and all the authorities of this section, shall terminate on October 1, 2023. Not later than 60 days after receipt of the annual comprehensive report(s) under subsection (k)(2), the Secretary of Defense, the Secretary of Commerce, the Secretary of Health and Human Services, and the Director of National Intelligence shall each submit to congress an assessment by the Director or the Secretary, as the case may be, of the final report. Each assessment shall include such comments on the findings and recommendations contained in the final report as the Director or Secretary, as the case may be, considers appropriate. The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section. The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), shall not apply to the activities, records, and proceedings of the Commission under this section. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for admin & servicewide activities, Office of the Secretary of Defense, line 540, is hereby increased by $10,000,000 (to be made available in support of the Commission under this subtitle). Subject to paragraph (1), the Secretary of Defense shall make available to the Commission such amounts as the Commission may require for purposes of the activities of the Commission under this section. Amounts made available to the Commission under paragraph
(2)shall remain available until expended. Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Defense Health Program, for Private Sector Care, as specified in the corresponding funding table in section 4501, is hereby reduced by $10,000,000. In this section— The term synthetic biology means the design and construction of new biological parts devices and systems and the re-design of existing, natural biological systems for useful purposes. The term biomanufacturing means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale. The term bioengineering means the application of engineering design principles and practices to biological systems, including molecular and cellular systems, to advance fundamental understanding of complex natural systems and to enable novel or optimize functions and capabilities.
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- 2 USC 192–194
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Sec. 6444
National security commission on synthetic biology
Cite2 USC 192–194
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