,i #aafth ,,congress #ast ,session ,h4 ,r4 #afgh ,,in ,,the ,,house ,,of ,,representatives ,march #ab1 #bjai,mr4 ,banks 7for himself1 ,mr4 ,kelly of ,mississippi1 ,mr4 ,cook1 and ,mr4 ,bacon7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committees on ,intelligence 7,permanent ,select71 ,armed ,services1 and ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to create a task force within the ,department of ,education to address the threat of foreign government influence and threats to academic research integrity on college campuses1 and for other purposes4 #a4 ,short ,title ,this ,act may be cited as the ,protect ,our ,universities ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,adversaries of the ,united ,states take advantage of a largely vulnerable academic system4 ,academia is a place of uniquely free thought2 however1 adversaries take advantage of access to federally funded sensitive research that takes place on the campuses of institutions of higher education4 7#b7 ,as stated in a #bjah report by the ,white ,house ,office of ,trade and ,manufacturing ,policy1 ,more than #cjj1jjj ,chinese nationals annually attend ,u4,s4 universities or find employment at ,u4,s4 national laboratories1 innovation centers1 incubators1 and think tanks4 ,chinese nationals now account for approximately one third of foreign university and college students in the ,united ,states and about #be percent of graduate students specializing in science1 technology1 engineering1 or math 7,,stem744 7#c7 ,international students from nations that are adversarial to the ,united ,states could face undue pressure or incentives to divulge technology to their home nation or to use sensitive information to negatively impact the ,united ,states4 ,according to the same #bjah ,white ,house ,report1 ,the national and economic security risks are that the ,chinese ,state may seek to manipulate or pressure even unwitting or unwilling ,chinese nationals into becoming non-traditional information collectors that serve ,beijing's military and strategic ambitions44 7#d7 ,technology and information that could be deemed sensitive to the national security interests of the ,united ,states should be given increased scrutiny to determine if access should be restricted in a research environment4 7#e7 ,an open federally funded research environment exposes the ,united ,states to the possibility of exchanging research affiliated with current or future critical military technological systems4 7#f7 ,in ,federal ,bureau of ,investigation 7,,fbi7 ,director ,wray's view1 ,chinese non-traditional intelligence collectors are exploiting the very open research and development environment that we have1 which we all revere4 ,but theyre taking advantage of it1 so one of the things were trying to do is view the ,china threat as not just the whole-of-government threat1 but a whole-of-society threat on their end1 and ,i think it's going to take a whole-of-society response by us44 7#g7 ,as stated in the ,january #bjah ,china's ,technology ,transfer ,strategy report by the ,defense ,innovation ,unit1 ,academia is an opportune environment for learning about science and technology since the cultural values of ,u4,s4 educational institutions reflect an open and free exchange of ideas4 ,as a result1 ,chinese science and engineering students frequently master technologies that later become critical to key military systems1 amounting over time to unintentional violations of ,u4,s4 export control laws44 #c4 ,task ,force 7a7 ,task ,force established ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,education1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 shall establish the ,national ,security ,technology ,task ,force 7hereinafter referred to as the ,task ,force7 within the ,department of ,education to address the threat of espionage at institutions of higher education4 7b7 ,membership 7#a7 ,designation ,the ,task ,force shall include not more than #cj members1 of which-- 7,a7 at least #a representative shall be from the ,department of ,defense1 designated by the ,secretary of ,defense2 7,b7 at least #a representative shall be from the intelligence community1 designated by the ,director of ,national ,intelligence2 7,c7 at least #a representative shall be from the ,department of ,justice1 designated by the ,united ,states ,attorney ,general2 7,d7 at least #a representative shall be from the ,department of ,energy1 designated by the ,secretary of ,energy2 and 7,e7 at least #a representative shall be from each of the following offices of the ,department of ,education1 as appointed and named by the ,secretary of ,education3 7i7 ,office of ,postsecondary ,education4 7ii7 ,office of ,planning1 ,evaluation1 and ,policy ,development4 7iii7 ,office of the ,general ,counsel4 7iv7 ,any other office the ,secretary of ,education determines to be appropriate4 7#b7 ,membership list ,not later than #aj days after the first meeting of the ,task ,force1 the ,task ,force shall submit to ,congress a list identifying each member of the ,task ,force4 7c7 ,sensitive ,research ,project ,list ,the ,task ,force shall1 in consultation with the ,office of the ,director of ,national ,intelligence1 actively maintain a list of sensitive research projects4 ,such list shall-- 7#a7 be referred to as the ,sensitive ,research ,projects ,list2 and 7#b7 for each project included on the list1 indicate-- 7,a7 the qualified funding agency that is funding the project2 7,b7 whether the project is open to student participation2 and 7,c7 whether the project is related to-- 7i7 an item listed on the ,commerce ,control ,list 7,,ccl7 maintained by the ,department of ,commerce2 7ii7 an item listed on the ,united ,states ,munitions ,list maintained by the ,department of ,state2 or 7iii7 technology designated by the ,secretary of ,defense as having a technology readiness level of #a1 #b1 or #c4 7d7 ,consultation with ,,oig ,the ,task ,force shall periodically1 but no less than annually1 consult with the ,office of the ,inspector ,general of the ,department of ,education1 which shall include annual reports to the ,office of the ,inspector ,general on the activities of the ,task ,force1 with an opportunity for the ,office of the ,inspector ,general to provide active feedback related to such activities4 7e7 ,instruction to institutions of higher education ,not less than once every six months1 the ,task ,force shall provide relevant instruction to institutions of higher education at which research projects on the ,sensitive ,research ,project ,list are being carried out4 ,such instruction shall provide the institutions of higher education with information related to the threat posed by espionage1 best practices identified by the ,task ,force1 and1 to the extent possible1 any specific risks that the intelligence community1 the qualified funding agency1 or law enforcement entities determine appropriate to share with the institutions4 7f7 ,report to ,congress ,not later than one year after the date of enactment of this ,act1 and every six months thereafter1 the ,task ,force shall provide a report to the ,committee on ,education and ,labor1 the ,committee on ,armed ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 and to the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,armed ,services1 and the ,select ,committee on ,intelligence of the ,senate1 regarding the threat of espionage at institutions of higher education4 ,in each such briefing1 the ,task ,force shall identify actions that may be taken to reduce espionage carried out through student participation in sensitive research projects4 ,the ,task ,force shall also include in this report an assessment of whether the current licensing regulations relating to the ,international ,traffic in ,arms ,regulations and the ,export ,administration ,regulations are sufficient to protect the security of the projects listed on the ,sensitive ,research ,project ,list4 #d4 ,foreign student participation in sensitive research projects 7a7 ,approval of foreign student participation required ,beginning on the date that is one year after the date of enactment of this ,act1 for each project on the ,sensitive ,research ,project ,list that is open to student participation1 the head of such project at the institution of higher education at which the project is being carried out shall ensure that each student participating in such project shall be required to provide proof of citizenship before the student is permitted to participate in such project4 ,a student who is a citizen of a country identified in subsection 7b7 shall be permitted to participate in such a project only if-- 7#a7 the student applies for1 and receives approval from1 the ,director of ,national ,intelligence to participate in such project1 based on a background check and any other information the ,director determines to be appropriate2 and 7#b7 in the case of such a project that is related to an item or technology described in subparagraph 7,c7 of section #c7;c77#b71 the student applies for1 and receives approval from1 the head of the qualified funding agency1 to participate in such project4 7b7 ,list of citizenship requiring approval ,approval under subsection 7a7 shall be required for any student who is a citizen of a country that is one of the following3 7#a7 ,the ,people's ,republic of ,china4 7#b7 ,the ,democratic ,people's ,republic of ,korea4 7#c7 ,the ,russian ,federation4 7#d7 ,the ,islamic ,republic of ,iran4 7#e7 ,any country identified by the head of the qualified funding agency as requiring approval for the purposes of this section4 #e4 ,foreign entities 7a7 ,list of foreign entities that pose an intelligence threat ,not later than one year after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall identify foreign entities1 including governments1 corporations1 non-profit and for-profit organizations1 and any subsidiary or affiliate of such an entity1 that the ,director determines pose a threat of espionage with respect to sensitive research projects1 and shall develop and maintain a list of such entities4 ,the ,director may add or remove entities from such list at any time4 ,the initial list developed by the ,director shall include the following entities 7including any subsidiary or affiliate73 7#a7 ,huawei ,technologies ,company4 7#b7 ,,zte ,corporation4 7#c7 ,hytera ,communications ,corporation4 7#d7 ,hangzhou ,hikvision ,digital ,technology ,company4 7#e7 ,dahua ,technology ,company4 7#f7 ,kaspersky ,lab4 7#g7 ,any entity that is owned or controlled by1 or otherwise has demonstrated financial ties to1 the government of a country identified under section #d7;b74 7b7 ,notice to institutions of higher education ,the ,director of ,national ,intelligence shall make the initial list required under subsection 7a71 and any changes to such list1 available to the ,secretary of ,education1 the ,task ,force1 and the head of each qualified funding agency as soon as practicable4 ,the ,secretary of ,education shall provide such initial list and subsequent amendments to each institution of higher education at which a project on the ,sensitive ,research ,project ,list is being carried out4 7c7 ,prohibition on use of certain technologies ,beginning on the date that is one year after the date of the enactment of this ,act1 the head of each sensitive research project shall1 as a condition of receipt of funds from a qualified funding agency1 provide an assurance to such qualified funding agency that1 beginning on the date that is two years after the date of the enactment of this ,act1 any technology developed by an entity included on the list maintained under subsection 7a7 shall not be utilized in carrying out the sensitive research project4 #f4 ,enforcement ,the head of each qualified funding agency shall take such steps as may be necessary to enforce the provisions of sections #d and #e of this ,act4 ,upon determination that the head of a sensitive research project has failed to meet the requirements of either section #d or section #e1 the head of a qualified funding agency may determine the appropriate enforcement action1 including-- 7#a7 imposing a probationary period1 not to exceed #f months1 on the head of such project1 or on the project2 7#b7 reducing or otherwise limiting the funding for such project until the violation has been remedied2 7#c7 permanently cancelling the funding for such project2 or 7#d7 any other action the head of the qualified funding agency determines to be appropriate4 #g4 ,definitions ,in this ,act3 7#a7 ,citizen of a country ,the term citizen of a country1 with respect to a student1 includes all countries in which the student has held or holds citizenship or holds permanent residency4 7#b7 ,institution of higher education ,the term institution of higher education means an institution described in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7 that receives ,federal funds in any amount and for any purpose4 7#c7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#d7 ,qualified funding agency ,the term qualified funding agency1 with respect to a sensitive research project1 means-- 7,a7 the ,department of ,defense1 if the sensitive research project is funded in whole or in part by the ,department of ,defense2 7,b7 the ,department of ,energy1 if the sensitive research project is funded in whole or in part by the ,department of ,energy2 or 7,c7 an element of the intelligence community1 if the sensitive research project is funded in whole or in part by the element of the intelligence community4 7#e7 ,sensitive research project ,the term sensitive research project means a research project at an institution of higher education that is funded by a qualified funding agency1 except that such term shall not include any research project that is classified or that requires the participants in such project to obtain a security clearance4 7#f7 ,student participation ,the term student participation shall not include student activity in-- 7,a7 a research project that is required for completion of a course in which the student is enrolled at an institution of higher education2 or 7,b7 a research project for which the student is conducting unpaid research4