Sec. 3. Research integrity and security
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/bill/118/s/4722/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This section may be cited as the . Research Integrity and Security Act of 2024 In this section: The term appropriate congressional committees means— the Committee on Armed Services of the Senate ; the Committee on Commerce, Science, and Transportation of the Senate ; the Committee on Energy and Natural Resources of the Senate ; the Committee on Homeland Security and Governmental Affairs of the Senate ; the Committee on Small Business and Entrepreneurship of the Senate ; the Committee on Health, Education, Labor, and Pensions of the Senate ; the Select Committee on Intelligence of the Senate ; the Committee on Armed Services of the House of Representatives ; the Committee on Education and the Workforce of the House of Representatives ; the Committee on Energy and Commerce of the House of Representatives ; the Committee on Small Business 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 term country of concern means— any country (including any special administrative region of such country) identified as a threat to the national security of the United States in the most recent report submitted to Congress by the Director of National Intelligence pursuant to section 108B of the National Security Act of 1947 ( 50 U.S.C. 3043b ) (commonly referred to as the Annual Threat Assessment ); or any covered nation (as defined in section 4872(d)(2) of title 10, United State Code).
The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. The term Federal grant — means a grant awarded by a Federal agency; and includes a subgrant awarded by a non-Federal entity to carry out a Federal grant program. The term Federal grant application means an application for a Federal grant. The term foreign compensation means a title, monetary compensation, access to a laboratory or other resource, or other benefit received from— a foreign government; a foreign government institution; or a foreign public enterprise.
The term foreign government includes a person acting or purporting to act on behalf of a faction, party, department, agency, bureau, subnational administrative entity, or military of a country of concern. The term foreign government institution means any foreign entity owned by, subject to the control of, or subject to the laws or regulations of a country of concern. The term foreign government enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence.
The term fundamental research means basic and applied research in science, engineering, or mathematics, the results of which ordinarily are published and shared broadly within the scientific community, and for which the researchers have not accepted restrictions for proprietary or national security concerns. The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). The term law enforcement agency — means a Federal, State, local, or Tribal law enforcement agency; and includes— the Office of Inspector General of an establishment (as defined in section 401 of title 5, United States Code) or a designated Federal entity (as defined in section 415 of title 5, United States Code); and the Office of Inspector General, or similar office, of a State or unit of local government.
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 a title, research grant, cooperative agreement, contract, institutional award, access to a laboratory, or other resource, including materials, travel compensation, or work incentives. The United States Government may not collaborate with a country of concern on fundamental research intended to support the military, intelligence, or security capabilities of the United States.
Neither the Secretary of Defense nor the Secretary of Energy may approve a Federal grant application for fundamental research that— is ultimately intended to further the military, security, or intelligence capabilities of the United States; is used to support the defense industrial base of the United States; and will be jointly reviewed by or conducted with— a foreign government, foreign government institution, or foreign government enterprise from a country of concern; or any person that is receiving foreign compensation or outside compensation from a country of concern.
The prohibition under paragraph
(2)shall not apply to an activity that is— carried out in connection with a lawfully authorized investigative, protective, or intelligence activity of— a law enforcement agency; or a Federal intelligence agency; or authorized under chapter 224 of title 5, United States Code. The Secretary of Defense and the Secretary of Energy may waive the prohibition under paragraph
(2)if either Secretary determines and certifies to the appropriate congressional committees that approving such Federal grant application— is in the national security interest of the United States; and does not pose an intelligence or national security risk. Any institution of higher education that has been awarded a Federal grant by the Department of Defense or the Department of Energy for research intended to support the military, security, or intelligence capabilities of the United States and is found by the Inspector General of the agency concerned to be collaborating with a foreign government, a foreign government institution, or a foreign government enterprise from a country of concern with respect to such research shall repay the full value of such grant to the Federal agency that originally approved the Federal grant application. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Defense and the Inspector General of the Department of Energy shall each submit to the appropriate congressional committees a report, which shall include, with respect to the reporting period— a list of projects that have received a Federal grant from the Federal agency concerned; and a description of each project included in the list described in subparagraph
(A)that indicates whether, in connection with such project— a foreign government, foreign government institution, or foreign government enterprise from a country of concern has received a Federal grant; or a person receiving foreign compensation or outside compensation from a country of concern has received a Federal grant. Not later than 3 years after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall— review each report submitted for the calendar year pursuant to paragraph (2); and determine if a foreign government, a foreign government institution, or a foreign government enterprise from a country of concern has received a Federal grant. The chairperson and ranking member of each appropriate congressional committee may jointly submit to the Comptroller General of the United States a written request to audit any Federal agency that has approved a Federal grant application for fundamental research ultimately intended to support the military, security, or intelligence capabilities of the United States.
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