Sec. 1281. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS
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## SEC. 1281 MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS ###
(a)In General **[**[10 U.S.C. 2358 note](/us/usc/t10/s2358)**]** Subsection
(a)of section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232)is amended, in the matter preceding paragraph (1), by striking “academic institutions” and inserting “institutions of higher education”. ###
(b)Additional Requirements Subsection
(c)of such section is amended— ####
(1)by amending paragraph
(2)to read as follows: > > #### “(2) > > Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies, and other support to institutions of higher education, to promote security and limit undue influence on institutions of higher education and personnel, including Department of Defense financial support to carry out such activities, that— > > > ##### “(A) > > emphasizes best practices for protection of sensitive national security information; and > > > ##### “(B) > > includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education, including specific counterintelligence information and advice developed specifically for faculty and academic researchers based on actual identified threats.” > ; ####
(2)in paragraph (3), by striking “and academic institutions”; ####
(3)in paragraph (7), by striking “academic institution” and inserting “institution of higher education”; and ####
(4)by adding at the end the following new paragraph: > > #### “(8) > > A list, developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations, of academic institutions of the People’s Republic of China, the Russian Federation, and other countries, that— > > > ##### “(A) > > have a history of improper technology transfer, intellectual property theft, or cyber or human espionage; > > > ##### “(B) > > operate under the direction of the military forces or intelligence agency of the applicable country; > > > ##### “(C) > > are known— > > > ###### “(i) > > to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts; or > > > ###### “(ii) > > to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; or > > > ##### “(D) > > pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available.” > . ###
(c)Procedures for Enhanced Information Sharing Subsection
(d)of such section is amended to read as follows: > > ### “(d) Procedures for Enhanced Information Sharing > > > #### “(1) In general > > Not later than October 1, 2020, for the purpose of maintaining appropriate security controls over research activities, technical information, and intellectual property, the Secretary, in conjunction with appropriate public and private entities, shall establish streamlined procedures to collect appropriate information relating to individuals, including United States citizens and foreign nationals, who participate in defense research and development activities (other than basic research). > > > #### “(2) Protection from release > > The procedures required by paragraph
(1)shall include procedures to protect such information from release, consistent with applicable regulations. > > > #### “(3) Reporting to government information systems and repositories > > The procedures required by paragraph
(1)may include procedures developed, in coordination with appropriate public and private entities, to report such information to existing Government information systems and repositories.” > . ###
(d)Annual Report Subsection
(e)of such section is amended— ####
(1)in the subsection heading, by inserting “Annual” before “Report”; ####
(2)in paragraph (1), by striking “one year after the date of the enactment” and all that follows through “the Secretary” and inserting “April 30, 2020, and annually thereafter, the Secretary, acting through appropriate Government officials (including the Under Secretary for Research and Engineering),”; and ####
(3)in paragraph (2), by adding at the end the following new subparagraph: > > ##### “(F) > > Identification of any incident relating to undue influence to security threats to academic research activities funded by the Department of Defense, including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education.” > .
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Sec. 1281
MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY THREATS
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