Sec. 4493. Federal Research Security Council
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Subtitle V of title 31, United States Code, is amended by adding at the end the following: 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. In this chapter: The term appropriate congressional committees means— the Committee on Homeland Security and Governmental Affairs of the Senate ; the Committee on Commerce, Science, and Transportation of the Senate ; the Select Committee on Intelligence of the Senate ; the Committee on Foreign Relations of the Senate ; the Committee on Armed Services of the Senate ; the Committee on Health, Education, Labor, and Pensions of the Senate ; the Committee on Oversight and Reform of the House of Representatives ; the Committee on Homeland Security of the House of Representatives ; the Committee on Energy and Commerce of the House of Representatives ; the Permanent Select Committee on Intelligence of the House of Representatives ; the Committee on Foreign Affairs of the House of Representatives ; the Committee on Armed Services of the House of Representatives; and the Committee on Education and Labor of the House of Representatives .
The term Council means the Federal Research Security Council established under section 7902(a). The term Executive agency has the meaning given that term in section 105 of title 5. 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 research and development funds awarded by Executive agencies. The term insider means any person with authorized access to any United States Government resource, including personnel, facilities, information, research, equipment, networks, or systems.
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, terrorism, unauthorized disclosure of national security information or nonpublic information, a destructive act (which may include physical harm to another in the workplace), or through the loss or degradation of departmental resources, capabilities, and functions.
The term research and development means all research activities, both basic and applied, and all development activities. The term development means experimental development. The term experimental development means creative and systematic work, drawing upon knowledge gained from research and practical experience, which— is directed toward the production of new products or processes or improving existing products or processes; and like research, will result in gaining additional knowledge.
The term research — means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied; and includes activities involving the training of individuals in research techniques if such activities— utilize the same facilities as other research and development activities; and are not included in the instruction function. The term United States research community means— research and development centers of Executive agencies; private research and development centers in the United States, including for profit and nonprofit research institutes; 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) )); research and development centers of States, United States territories, Indian tribes, and municipalities; government-owned, contractor-operated United States Government research and development centers; and any person conducting federally funded research or receiving Federal research grant funding.
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. The following agencies shall be represented on the Council: The Office of Management and Budget. The Office of Science and Technology Policy. The Department of Defense. The Department of Homeland Security.
The Office of the Director of National Intelligence. The Department of Justice. The Department of Energy. The Department of Commerce. The Department of Health and Human Services. The Department of State. The Department of Transportation. The National Aeronautics and Space Administration. The National Science Foundation. The Department of Education. The Small Business Administration. The Council of Inspectors General on Integrity and Efficiency. Other Executive agencies, as determined by the Chairperson of the Council.
Not later than 45 days after the date of the enactment of the Safeguarding American Innovation Act , 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. 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. Not later than 45 days after the date of the enactment of the Safeguarding American Innovation Act , 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. The Chairperson shall perform functions that include— subject to subsection (d), developing a schedule for meetings of the Council; designating Executive agencies to be represented on the Council under subsection (b)(1)(Q); in consultation with the lead representative of each agency represented on the Council, developing a charter for the Council; and not later than 7 days after completion of the charter, submitting the charter to the appropriate congressional committees. The Director of the Office of Science and Technology Policy shall designate a senior level official to be the lead science advisor to the Council for purposes of this chapter. The Director of the National Counterintelligence and Security Center shall designate a senior level official from the National Counterintelligence and Security Center to be the lead security advisor to the Council for purposes of this chapter. The Council shall meet not later than 60 days after the date of the enactment of the Safeguarding American Innovation Act and not less frequently than quarterly thereafter. In this section: The term implementing means working with the relevant Federal agencies, through existing processes and procedures, to enable those agencies to put in place and enforce the measures described in this section. The term uniform application process means a process employed by Federal science agencies to maximize the collection of information regarding applicants and applications, as determined by the Council. 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: Developing and implementing, across all Executive agencies that award research and development grants, awards, and contracts, a uniform application process for grants in accordance with subsection (c). Developing and implementing policies and providing guidance to prevent malign foreign interference from unduly influencing the peer review process for federally funded research and development. Identifying or developing criteria for sharing among Executive agencies and with law enforcement and other agencies, as appropriate, information regarding individuals who violate disclosure policies and other policies related to research security. Identifying an appropriate Executive agency— to accept and protect information submitted by Executive agencies and non-Federal entities based on the process established pursuant to paragraph (1); and to facilitate the sharing of information received under subparagraph
(A)to support, consistent with Federal law— the oversight of federally funded research and development; criminal and civil investigations of misappropriated Federal funds, resources, and information; and counterintelligence investigations. Identifying, as appropriate, Executive agencies to provide— 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 common contract solutions to support the verification of the identities of persons participating in federally funded research and development. Identifying and issuing guidance, in accordance with subsection
(e)and in coordination with the National Insider Threat Task Force established by Executive Order 13587 ( 50 U.S.C. 3161 note) for expanding the scope of Executive agency insider threat programs, including the safeguarding of research and development from exploitation, compromise, or other unauthorized disclosure, taking into account risk levels and the distinct needs, missions, and systems of each such agency. 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 (c)(1). Such programs shall include an assessment of— a grantee’s support from foreign sources and affiliations, appointments, or participation in talent programs with foreign funding institutions or laboratories; and the impact of such support and affiliations, appointments, or participation in talent programs on United States national security and economic interests. Providing guidance to Executive agencies regarding appropriate application of consequences for violations of disclosure requirements. Developing and implementing a cross-agency policy and providing guidance related to the use of digital persistent identifiers for individual researchers supported by, or working on, any Federal research grant with the goal to enhance transparency and security, while reducing administrative burden for researchers and research institutions. Engaging with the United States research community in conjunction with the National Science and Technology Council and the National Academies Science, Technology and Security Roundtable created under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 42 U.S.C. 6601 note) in performing the functions described in paragraphs (1), (2), and
(3)and with respect to issues relating to Federal research security risks. Carrying out such other functions, consistent with Federal law, that are necessary to reduce Federal research security risks. In developing the uniform application process for Federal research and development grants required under subsection (b)(1), the Council shall— ensure that the process— requires principal investigators, co-principal investigators, and key personnel associated with the proposed Federal research or development grant project— 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 to certify the accuracy of the required disclosures under penalty of perjury; and uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants; design the process— to reduce the administrative burden on persons applying for Federal research and development funding; and to promote information sharing across the United States research community, while safeguarding sensitive information; and complete the process not later than 1 year after the date of the enactment of the Safeguarding American Innovation Act . In identifying or developing criteria and procedures for sharing information with respect to Federal research security risks under subsection (b)(3), the Council shall ensure that such criteria address, at a minimum— the information to be shared; the circumstances under which sharing is mandated or voluntary; 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; the procedures for protecting intellectual capital that may be present in such information; and appropriate privacy protections for persons involved in Federal research and development. In identifying or developing guidance with respect to insider threat programs under subsection (b)(6), the Council shall ensure that such guidance provides for, at a minimum— such programs— to deter, detect, and mitigate insider threats; and to leverage counterintelligence, security, information assurance, and other relevant functions and resources to identify and counter insider threats; and the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats, including through— monitoring user activity on computer networks controlled by Executive agencies; providing employees of Executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats; gathering information for a centralized analysis, reporting, and response capability; and information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations; 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 and shares insider threat information with the executive agency research sponsors; 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 such additional guidance as is necessary to reflect the distinct needs, missions, and systems of each Executive agency. The Council, in conjunction with the lead security advisor designated 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. A warning described in this paragraph shall include, to the extent the Council considers appropriate, a description of— activities by the national government, local governments, research institutions, or universities of a foreign country— to exploit, interfere, or undermine research and development by the United States research community; or to misappropriate scientific knowledge resulting from federally funded research and development; efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk— the science and technology of that foreign country; or federally funded research and development; and 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. To reduce Federal research security risk, the Interagency Suspension and Debarment Committee shall provide quarterly reports to the Director of the Office of Management and Budget and the Director of the Office of Science and Technology Policy that detail— 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; Federal agencies’ performance and compliance with interagency suspensions and debarments; efforts by the Interagency Suspension and Debarment Committee to mitigate Federal research security risk; proposals for developing a unified Federal policy on suspensions and debarments; and other current suspension and debarment related issues. Nothing in this section may be construed— to alter or diminish the authority of any Federal agency; or to alter any procedural requirements or remedies that were in place before the date of the enactment of the Safeguarding American Innovation Act . Not later than November 15 of each year, the Chairperson of the Council shall submit a report to the appropriate congressional committees that describes the activities of the Council during the preceding fiscal year. The head of each Executive agency on the Council shall be responsible for— assessing Federal research security risks posed by persons participating in federally funded research and development; avoiding or mitigating such risks, as appropriate and consistent with the standards, guidelines, requirements, and practices identified by the Council under section 7903(b); 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 ensuring that 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. The responsibility of the head of an Executive agency for assessing Federal research security risk described in subsection
(a)includes— 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; integrating Federal research security risk management practices throughout the lifecycle of the grant programs of the Executive agency; sharing relevant information with other Executive agencies, as determined appropriate by the Council in a manner consistent with section 7903; and 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. . The table of chapters at the beginning of title 31, United States Code, is amended by inserting after the item relating to chapter 77 the following: 79. Federal Research Security Council 7901. .
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Sec. 4493
Federal Research Security Council
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