Academic Research Protection Act
This bill directs certain federal agencies to take specified steps to protect federally funded academic research from foreign threats, establishes the National Commission on Academic Research Protection, and requires information sharing with institutions of higher education related to foreign threats.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8346 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8346
To protect federally funded academic research from undue foreign
influences and threats by better informing the academic and research
communities about such influences and threats, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 22, 2020
Mr. Reschenthaler (for himself, Mr. Trone, and Ms. Houlahan) introduced
the following bill; which was referred to the Committee on Education
and Labor, and in addition to the Committees on Armed Services,
Intelligence (Permanent Select), Foreign Affairs, and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To protect federally funded academic research from undue foreign
influences and threats by better informing the academic and research
communities about such influences and threats, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Academic Research Protection Act''.
SEC. 2. DESIGNATION OF ACADEMIC LIAISON TO PROTECT AGAINST EMERGING
THREATS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall take the
following actions:
(1) Designate an official serving within the Office of the
Under Secretary of Defense for Research and Engineering to work
with the academic and research communities to protect academic
research funded by the Department of Defense from undue foreign
influences and threats.
(2) Set forth the responsibilities of the official
designated under paragraph (1), including--
(A) serving as the liaison of the Department of
Defense with the academic and research communities;
(B) carrying out initiatives of the Department
related to the protection of academic research funded
by the Department from undue foreign influences and
threats, including the initiative established under
section 1286 of the National Defense Authorization Act
for Fiscal Year 2019 (10 U.S.C. 2358 note);
(C) not less frequently than once a year,
conducting outreach and education activities for the
academic and research community about undue foreign
influences and threats to academic research that is
funded by the Department;
(D) coordinating and aligning the policies relating
to academic research security of--
(i) the elements of the Department
specified in section 111(b) of title 10, United
States Code;
(ii) the intelligence community;
(iii) Federal science agencies;
(iv) the Office of Science and Technology
Policy; and
(v) Federal regulatory agencies; and
(E) working with the intelligence community to the
maximum extent practicable to share with the academic
and research communities, at least annually,
unclassified information, including counterintelligence
information, on threats from undue foreign influences.
(b) Rule of Construction.--Nothing in this section shall be
construed as authorizing the official designated under subsection
(a)(1) to classify academic research in a manner that is inconsistent
with the policies of the Department of Defense or the National Security
Decision Directive Numbered 189 of September 21, 1985, titled
``National Policy on the Transfer of Scientific, Technical and
Engineering Information'', or any successor directive.
SEC. 3. NATIONAL COMMISSION ON ACADEMIC RESEARCH PROTECTION.
(a) Establishment.--There is established in the executive branch an
independent commission, to be known as the ``National Commission on
Academic Research Protection'' (in this section referred to as the
``Commission''), to address concerns related to undue foreign influence
at institutions of higher education conducting federally funded
research and development.
(b) Treatment.--The Commission shall be considered an independent
establishment (as defined in section 104 of title 5, United States
Code).
(c) Membership.--
(1) Composition.--The Commission shall be composed of 30
members, as follows:
(A) The Director of the Office of Science and
Technology.
(B) The National Security Advisor (or a designee).
(C) The Director of National Intelligence (or a
designee).
(D) The Director of the National Science Foundation
(or a designee).
(E) The Secretary of Commerce (or a designee).
(F) The Secretary of State (or a designee).
(G) The Secretary of Defense (or a designee).
(H) The Secretary of Homeland Security (or a
designee).
(I) The Secretary of Health and Human Services (or
a designee).
(J) The Secretary of Energy (or a designee).
(K) The Secretary of Education (or a designee).
(L) The Secretary of Agriculture (or a designee).
(M) The Administrator of the National Aeronautics
and Space Administration (or a designee).
(N) The Archivist of the National Archives and
Records Administration (or a designee).
(O) The Attorney General (or a designee).
(P) Twelve individuals who are employed by
institutions of higher education and have demonstrated
expertise relevant to the duties of the Commission
described in subsection (e).
(Q) Three individuals who have expertise relevant
to the duties of the Commission described in subsection
(e) and are each employed by a different organization
that represents institutions of higher education
conducting federally funded research and development
and that focuses, at least in part, on academic
research and development of security policy.
(2) Appointments.--
(A) House of representatives appointments.--
(i) In general.--The Speaker of the House
of Representatives and the minority leader of
the House of Representatives shall jointly
appoint 6 of the members described in paragraph
(1)(P).
(ii) Consultation.--The Speaker of the
House of Representatives and the minority
leader of the House of Representatives shall
make the appointments described in clause (i)
in consultation with the Chairman and Ranking
Member of each of--
(I) the Committee on Agriculture of
the House of Representatives;
(II) the Committee on
Appropriations of the House of
Representatives;
(III) the Committee on Armed
Services of the House of
Representatives;
(IV) the Committee on Education and
Labor of the House of Representatives;
(V) the Committee on Energy and
Commerce of the House of
Representatives;
(VI) the Committee on Foreign
Affairs of the House of
Representatives;
(VII) the Committee on Homeland
Security of the House of
Representatives;
(VIII) the Committee on the
Judiciary of the House of
Representatives;
(IX) the Committee on Science,
Space, and Technology of the House of
Representatives; and
(X) the Permanent Select Committee
on Intelligence of the House of
Representatives.
(B) Senate appointments.--
(i) In general.--The majority leader of the
Senate and the minority leader of the Senate
shall jointly appoint 6 of the members
described in paragraph (1)(P).
(ii) Consultation.--The majority leader of
the Senate and the minority leader of the
Senate shall make the appointments described in
clause (i) in consultation with the Chairman
and Ranking Member of each of--
(I) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
(II) the Committee on
Appropriations of the Senate;
(III) the Committee on Armed
Services of the Senate;
(IV) the Committee on Commerce,
Science, and Transportation of the
Senate;
(V) the Committee on Foreign
Relations of the Senate;
(VI) the Committee on Health,
Education, Labor, and Pensions of the
Senate;
(VII) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
(VIII) the Committee on the
Judiciary of the Senate; and
(IX) the Select Committee on
Intelligence of the Senate.
(C) Joint congressional appointments.--The Speaker
of the House of Representatives, the minority leader of
the House of Representatives, the majority leader of
the Senate, and the minority leader of the Senate shall
jointly appoint the members described in paragraph
(1)(Q).
(D) Clearance.--To be eligible to be appointed as a
member of, or employed by, the Commission, an
individual must possess a security clearance that the
Secretary of Defense determines sufficient to afford
such individual access to the information necessary to
carry out the responsibilities of a member or the
position in which such individual will be employed, as
applicable.
(3) Terms.--Each member appointed under paragraph (2) shall
be appointed to a term of 4 years.
(4) Vacancies.--A vacancy in the Commission shall not
affect its powers and shall be filled in the same manner as the
original appointment was made.
(5) Officers.--
(A) Chair.--The members shall elect by majority
vote one of the members described in subparagraphs (P)
or (Q) of paragraph (1) to serve as the Chair.
(B) Vice chair.--The members shall elect by
majority vote one of the members described in
subparagraphs (A) through (O) of paragraph (1) to serve
as the Vice Chair.
(d) Subcommittees.--The Chair, in consultation with the Vice Chair,
may establish subcommittees to focus on particular topics that are of
interest to the Commission.
(e) Duties.--The responsibilities of the Commission shall include
the following:
(1) The Commission shall serve as the forum for
communication between institutions of higher education, Federal
law enforcement agencies, Federal counterintelligence agencies,
and the intelligence community regarding undue foreign
influence on, and threats to, federally funded academic
research and development.
(2) Not later than six months after the date of the
enactment of this Act, and not less than once every six months
thereafter, the Commission shall meet to review the
intelligence regarding--
(A) undue foreign influence on, and threats to,
federally funded academic research and development;
(B) efforts by foreign entities to recruit students
or employees of institutions of higher education;
(C) specific technologies relevant to institutions
of higher education that foreign entities may seek to
exploit; and
(D) national security and research security issues
related to foreign students attending institutions of
higher education in the United States.
(3) The Commission shall develop, and update as warranted,
methods for educating the academic community in the United
States, including faculty and researchers, in an unclassified
manner about undue foreign influence on, and threats to,
federally funded academic research and development.
(4) The Commission shall develop, and update as warranted,
recommendations to facilitate the coordination of Federal
agency outreach, education, disclosure, and regulatory efforts
which affect federally funded research and development at
institutions of higher education.
(5) Not later than one year after the date of the enactment
of this Act, and annually thereafter, the Commission shall
review the adequacy of Federal disclosure policies for
federally funded academic research and development for
protecting such research and development from undue foreign
influence and threats.
(6) Not later than one year after the date of the enactment
of this Act, and annually thereafter, the Commission shall
review the adequacy of Federal export control regulations for
protecting federally funded academic research and development
that is subject to such regulations from undue foreign
influence and threats.
(7) Not later than one year after the date of the enactment
of this Act, and annually thereafter, the Commission shall
submit to the President and Congress in an unclassified form,
but which may contain a classified annex, a report containing
recommendations on protecting federally funded academic
research from undue foreign influence and threats while
maintaining an open and collaborative research environment at
institutions of higher education.
(8) Not later than 30 days after the date on which the
Commission submits a report under paragraph (7), the Commission
shall make such report publicly available in an unclassified
form.
(9) Any other matters that the Commission determines to be
relevant to protecting federally funded academic research and
development from undue foreign influence and threats.
(f) Obtaining Official Data.--On request of the Chair, made in
consultation with the Vice Chair, any head of a Federal agency shall
furnish directly to the Commission any information necessary to enable
the Commission to carry out this section.
(g) Authorization of Appropriations.--For fiscal year 2021 and for
each fiscal year thereafter, there is authorized to be appropriated
$5,000,000, to remain available until expended, for the Commission to
carry out its duties.
(h) Termination.--The Commission shall terminate on the date that
is 10 years after the date on which the Commission conducts the initial
meeting described in subsection (e)(2).
SEC. 4. INITIATIVES TO PROTECT ACADEMIC RESEARCH FROM FOREIGN THREATS.
(a) Information Sharing With Institutions of Higher Education.--
(1) In general.--Not later than the date that is 180 days
after the date of the enactment of this section, the Director
of National Intelligence, in consultation with the National
Commission on Academic Research Protection, shall establish an
unclassified online clearinghouse to consolidate and make
publicly available--
(A) open source intelligence relating to foreign
threats to institutions of higher education or the
faculty thereof, academic researchers, and academic
scholars; and
(B) guidance and other publications regarding the
foreign threats described in subparagraph (A) that are
issued by Federal agencies.
(2) Intelligence classification.--Intelligence routinely
classified or restricted above the level of controlled
unclassified information may not be made available through the
clearinghouse described in paragraph (1).
(b) International Traffic in Arms Regulation Guidance.--Beginning
not later than the date that is 180 days after the date of the
enactment of this section, the Secretary of State, in coordination with
the Secretary of Commerce, and in consultation with the National
Commission on Academic Research Protection and the Export Enforcement
Coordination Center, shall--
(1) develop, issue, and regularly update export control
guidance for institutions of higher education on compliance
with the International Traffic in Arms Regulations, including
guidance, support documentation, and training materials
encouraging and assisting such institutions to perform periodic
internal assessments of the risk of not complying with such
regulations; and
(2) at least annually, conduct outreach activities
exclusively for the academic community that promote
understanding and compliance with the International Traffic
Arms Regulations.
(c) Export Administration Regulation Guidance.--Beginning not later
than the date that is 180 days after the date of the enactment of this
section, the Secretary of Commerce, in coordination with the Secretary
of State, and in consultation with the National Commission on Academic
Research Protection and the Export Enforcement Coordination Center,
shall--
(1) develop, issue, and regularly update export control
guidance for institutions of higher education on compliance
with the Export Administration Regulations, including guidance,
support documentation, and training materials encouraging and
assisting such institutions to perform periodic internal
assessments of the risk of not complying with such regulations;
and
(2) at least annually, conduct outreach activities
exclusively for the academic community that promote
understanding and compliance with the Export Administration
Regulations.
(d) Federal Bureau of Investigation Information Outreach.--
(1) In general.--Not later than the date that is 180 days
after the date of the enactment of this section, the Director
of the Federal Bureau of Investigation, in consultation with
the National Commission on Academic Research Protection, shall
develop and implement in the headquarters and all of the field
offices of the Bureau an outreach strategy to inform
institutions of higher education about the availability of
information on threats against such institutions, including
information about threats to federally funded research and
development carried out by such institutions.
(2) Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the
Director of the Federal Bureau of Investigation shall issue,
and make publicly available on a website, a report on the
outreach strategy described in paragraph (1).
SEC. 5. DEFINITIONS.
In this Act:
(1) Export administration regulations.--The term ``Export
Administration Regulations'' means those regulations contained
in parts 730 through 774 of title 15, Code of Federal
Regulations (or successor regulations).
(2) Export enforcement coordination center.--The term
``Export Enforcement Coordination Center'' means the
organization established under Executive Order 13558, titled
``Export Enforcement Coordination Center'' (75 Fed. Reg.
69573).
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(4) Federal regulatory agencies.--The term ``Federal
regulatory agencies'' means the Department of Defense, the
Department of Commerce, the Department of State, the Department
of Justice, the Department of Energy, the Department of the
Treasury, the Department of Homeland Security, and the National
Archives and Records Administration.
(5) Federal science agencies.--The term ``Federal science
agencies'' means each Federal agency that obligated or expended
not less than $100,000,000 in the previous fiscal year for
research and development.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(7) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(8) International traffic in arms regulations.--The term
``International Traffic in Arms Regulations'' means those
regulations contained in parts 120 through 130 of title 22,
Code of Federal Regulations (or successor regulations).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Intelligence (Permanent Select), Foreign Affairs, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Intelligence (Permanent Select), Foreign Affairs, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Intelligence (Permanent Select), Foreign Affairs, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Intelligence (Permanent Select), Foreign Affairs, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, Intelligence (Permanent Select), Foreign Affairs, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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