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Code · BILL · 117th Congress · H.R. 4521 (EAS) — 112 HR 4521 EAS: United States Innovation and Competition Act of 2021 · Sec. 2304

Sec. 2304. Additional requirements for Directorate research security

547 words·~2 min read·/bill/117/hr/4521/eas/section-2304

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The Director shall, in consultation with other appropriate Federal agencies, establish an initiative to work with institutions of higher education that perform research and technology development activities under the Directorate— to support protection of intellectual property, consistent with the controls relevant to the grant or award, key personnel, and information about critical technologies relevant to national security; to limit undue influence, including through foreign government talent recruitment programs, by countries to exploit United States technology within the Foundation research, science and technology, and innovation enterprise, including research funded by the Directorate; and to support efforts toward development of domestic talent in relevant scientific and engineering fields.
The initiative established under subsection
(a)shall be developed and executed to the maximum extent practicable with academic research institutions and other educational and research organizations. The initiative established under subsection
(a)shall include development of the following: Training developed and delivered in consultation with institutions of higher education and appropriate Federal agencies, and other support to institutions of higher education, to promote security of controlled information, as appropriate, including best practices for protection of controlled information. The capacity of institutions of higher education to assess whether individuals affiliated with Directorate programs have participated in or are currently participating in foreign government talent recruitment program programs. Opportunities to collaborate with Directorate awardees to promote protection of controlled information as appropriate and strengthen defense against foreign intelligence services. As appropriate, regulations and procedures— for government and academic organizations and personnel to support the goals of the initiative; and that are consistent with policies that protect open and scientific exchange in fundamental research. Policies to limit or prohibit funding provided by the Foundation for individual researchers who knowingly violate regulations developed under the initiative, including policies relating to foreign government talent recruitment programs. Policies to limit or prohibit funding provided by the Foundation for institutions that knowingly violate regulations developed under the initiative, including policies relating to foreign government talent recruitment programs. In carrying out this section, the Foundation shall consider the efforts undertaken by the Department of Defense to secure defense research, including as provided under section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2358 note). Not later than 1 year after date of enactment of this division, and annually thereafter, the Director, shall submit to Congress a report on the activities carried out under the initiative established under subsection (a). The report required by paragraph
(1)shall include the following: A description of the activities conducted and the progress made under the initiative. The findings of the Director with respect to the initiative. Such recommendations as the Director may have for legislative or administrative action relating to the matters described in subsection (a). Identification and discussion of the gaps in legal authorities that need to be improved to enhance the security of research institutions of higher education performing Directorate research. Information on Foundation Inspector General cases, as appropriate, relating to undue influence to security threats to academic research activities funded by the Foundation, including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education. The report submitted under paragraph
(1)shall be submitted in both unclassified and classified formats, as appropriate.
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Sec. 2304
Additional requirements for Directorate research security
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