,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hcdf ,,in ,,the ,,house ,,of ,,representatives ,september #bb1 #bjbj,mr4 ,reschenthaler 7for himself1 ,mr4 ,trone1 and ,ms4 ,houlahan7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committees on ,armed ,services1 ,intelligence 7,permanent ,select71 ,foreign ,affairs1 and the ,judiciary1 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 protect federally funded academic research from undue foreign influences and threats by better informing the academic and research communities about such influences and threats1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,academic ,research ,protection ,act4 #b4 ,designation of ,academic ,liaison to protect against emerging threats 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense1 acting through the ,under ,secretary of ,defense for ,research and ,engineering1 shall take the following actions3 7#a7 ,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 threats4 7#b7 ,set forth the responsibilities of the official designated under paragraph 7#a71 including-- 7,a7 serving as the liaison of the ,department of ,defense with the academic and research communities2 7,b7 carrying out initiatives of the ,department related to the protection of academic research funded by the ,department from undue foreign influences and threats1 including the initiative established under section #abhf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#aj ,u4,s4,c4 #bceh note72 7,c7 not less frequently than once a year1 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 ,department2 7,d7 coordinating and aligning the policies relating to academic research security of-- 7i7 the elements of the ,department specified in section #aaa7;b7 of title #aj1 ,united ,states ,code2 7ii7 the intelligence community2 7iii7 ,federal science agencies2 7iv7 the ,office of ,science and ,technology ,policy2 and 7v7 ,federal regulatory agencies2 and 7,e7 working with the intelligence community to the maximum extent practicable to share with the academic and research communities1 at least annually1 unclassified information1 including counterintelligence information1 on threats from undue foreign influences4 7b7 ,rule of construction ,nothing in this section shall be construed as authorizing the official designated under subsection 7a77#a7 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 #ahi of ,september #ba1 #aihe1 titled ,national ,policy on the ,transfer of ,scientific1 ,technical and ,engineering ,information1 or any successor directive4 #c4 ,national ,commission on ,academic ,research ,protection 7a7 ,establishment ,there is established in the executive branch an independent commission1 to be known as the ,national ,commission on ,academic ,research ,protection 7in this section referred to as the ,commission71 to address concerns related to undue foreign influence at institutions of higher education conducting federally funded research and development4 7b7 ,treatment ,the ,commission shall be considered an independent establishment 7as defined in section #ajd of title #e1 ,united ,states ,code74 7c7 ,membership 7#a7 ,composition ,the ,commission shall be composed of #cj members1 as follows3 7,a7 ,the ,director of the ,office of ,science and ,technology4 7,b7 ,the ,national ,security ,advisor 7or a designee74 7,c7 ,the ,director of ,national ,intelligence 7or a designee74 7,d7 ,the ,director of the ,national ,science ,foundation 7or a designee74 7,e7 ,the ,secretary of ,commerce 7or a designee74 7,f7 ,the ,secretary of ,state 7or a designee74 7,g7 ,the ,secretary of ,defense 7or a designee74 7,h7 ,the ,secretary of ,homeland ,security 7or a designee74 7,i7 ,the ,secretary of ,health and ,human ,services 7or a designee74 7,j7 ,the ,secretary of ,energy 7or a designee74 7,k7 ,the ,secretary of ,education 7or a designee74 7,l7 ,the ,secretary of ,agriculture 7or a designee74 7,m7 ,the ,administrator of the ,national ,aeronautics and ,space ,administration 7or a designee74 7,n7 ,the ,archivist of the ,national ,archives and ,records ,administration 7or a designee74 7,o7 ,the ,attorney ,general 7or a designee74 7,p7 ,twelve individuals who are employed by institutions of higher education and have demonstrated expertise relevant to the duties of the ,commission described in subsection 7e74 7,q7 ,three individuals who have expertise relevant to the duties of the ,commission described in subsection 7e7 and are each employed by a different organization that represents institutions of higher education conducting federally funded research and development and that focuses1 at least in part1 on academic research and development of security policy4 7#b7 ,appointments 7,a7 ,house of ,representatives appointments 7i7 ,in general ,the ,speaker of the ,house of ,representatives and the minority leader of the ,house of ,representatives shall jointly appoint #f of the members described in paragraph 7#a77,p74 7ii7 ,consultation ,the ,speaker of the ,house of ,representatives and the minority leader of the ,house of ,representatives shall make the appointments described in clause 7i7 in consultation with the ,chairman and ,ranking ,member of each of-- 7,i7 the ,committee on ,agriculture of the ,house of ,representatives2 7,,ii7 the ,committee on ,appropriations of the ,house of ,representatives2 7,,iii7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,,iv7 the ,committee on ,education and ,labor of the ,house of ,representatives2 7,v7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,,vi7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,,vii7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,,viii7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,,ix7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7,x7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,b7 ,senate appointments 7i7 ,in general ,the majority leader of the ,senate and the minority leader of the ,senate shall jointly appoint #f of the members described in paragraph 7#a77,p74 7ii7 ,consultation ,the majority leader of the ,senate and the minority leader of the ,senate shall make the appointments described in clause 7i7 in consultation with the ,chairman and ,ranking ,member of each of-- 7,i7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 7,,ii7 the ,committee on ,appropriations of the ,senate2 7,,iii7 the ,committee on ,armed ,services of the ,senate2 7,,iv7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,v7 the ,committee on ,foreign ,relations of the ,senate2 7,,vi7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,,vii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,,viii7 the ,committee on the ,judiciary of the ,senate2 and 7,,ix7 the ,select ,committee on ,intelligence of the ,senate4 7,c7 ,joint congressional appointments ,the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 the majority leader of the ,senate1 and the minority leader of the ,senate shall jointly appoint the members described in paragraph 7#a77,q74 7,d7 ,clearance ,to be eligible to be appointed as a member of1 or employed by1 the ,commission1 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 employed1 as applicable4 7#c7 ,terms ,each member appointed under paragraph 7#b7 shall be appointed to a term of #d years4 7#d7 ,vacancies ,a vacancy in the ,commission shall not affect its powers and shall be filled in the same manner as the original appointment was made4 7#e7 ,officers 7,a7 ,chair ,the members shall elect by majority vote one of the members described in subparagraphs 7,p7 or 7,q7 of paragraph 7#a7 to serve as the ,chair4 7,b7 ,vice ,chair ,the members shall elect by majority vote one of the members described in subparagraphs 7,a7 through 7,o7 of paragraph 7#a7 to serve as the ,vice ,chair4 7d7 ,subcommittees ,the ,chair1 in consultation with the ,vice ,chair1 may establish subcommittees to focus on particular topics that are of interest to the ,commission4 7e7 ,duties ,the responsibilities of the ,commission shall include the following3 7#a7 ,the ,commission shall serve as the forum for communication between institutions of higher education1 ,federal law enforcement agencies1 ,federal counterintelligence agencies1 and the intelligence community regarding undue foreign influence on1 and threats to1 federally funded academic research and development4 7#b7 ,not later than six months after the date of the enactment of this ,act1 and not less than once every six months thereafter1 the ,commission shall meet to review the intelligence regarding-- 7,a7 undue foreign influence on1 and threats to1 federally funded academic research and development2 7,b7 efforts by foreign entities to recruit students or employees of institutions of higher education2 7,c7 specific technologies relevant to institutions of higher education that foreign entities may seek to exploit2 and 7,d7 national security and research security issues related to foreign students attending institutions of higher education in the ,united ,states4 7#c7 ,the ,commission shall develop1 and update as warranted1 methods for educating the academic community in the ,united ,states1 including faculty and researchers1 in an unclassified manner about undue foreign influence on1 and threats to1 federally funded academic research and development4 7#d7 ,the ,commission shall develop1 and update as warranted1 recommendations to facilitate the coordination of ,federal agency outreach1 education1 disclosure1 and regulatory efforts which affect federally funded research and development at institutions of higher education4 7#e7 ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 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 threats4 7#f7 ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 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 threats4 7#g7 ,not later than one year after the date of the enactment of this ,act1 and annually thereafter1 the ,commission shall submit to the ,president and ,congress in an unclassified form1 but which may contain a classified annex1 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 education4 7#h7 ,not later than #cj days after the date on which the ,commission submits a report under paragraph 7#g71 the ,commission shall make such report publicly available in an unclassified form4 7#i7 ,any other matters that the ,commission determines to be relevant to protecting federally funded academic research and development from undue foreign influence and threats4 7f7 ,obtaining official data ,on request of the ,chair1 made in consultation with the ,vice ,chair1 any head of a ,federal agency shall furnish directly to the ,commission any information necessary to enable the ,commission to carry out this section4 7g7 ,authorization of appropriations ,for fiscal year #bjba and for each fiscal year thereafter1 there is authorized to be appropriated #e1jjj1jjj1 to remain available until expended1 for the ,commission to carry out its duties4 7h7 ,termination ,the ,commission shall terminate on the date that is #aj years after the date on which the ,commission conducts the initial meeting described in subsection 7e77#b74 #d4 ,initiatives to protect academic research from foreign threats 7a7 ,information sharing with institutions of higher education 7#a7 ,in general ,not later than the date that is #ahj days after the date of the enactment of this section1 the ,director of ,national ,intelligence1 in consultation with the ,national ,commission on ,academic ,research ,protection1 shall establish an unclassified online clearinghouse to consolidate and make publicly available-- 7,a7 open source intelligence relating to foreign threats to institutions of higher education or the faculty thereof1 academic researchers1 and academic scholars2 and 7,b7 guidance and other publications regarding the foreign threats described in subparagraph 7,a7 that are issued by ,federal agencies4 7#b7 ,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 7#a74 7b7 ,international traffic in arms regulation guidance ,beginning not later than the date that is #ahj days after the date of the enactment of this section1 the ,secretary of ,state1 in coordination with the ,secretary of ,commerce1 and in consultation with the ,national ,commission on ,academic ,research ,protection and the ,export ,enforcement ,coordination ,center1 shall-- 7#a7 develop1 issue1 and regularly update export control guidance for institutions of higher education on compliance with the ,international ,traffic in ,arms ,regulations1 including guidance1 support documentation1 and training materials encouraging and assisting such institutions to perform periodic internal assessments of the risk of not complying with such regulations2 and 7#b7 at least annually1 conduct outreach activities exclusively for the academic community that promote understanding and compliance with the ,international ,traffic ,arms ,regulations4 7c7 ,export administration regulation guidance ,beginning not later than the date that is #ahj days after the date of the enactment of this section1 the ,secretary of ,commerce1 in coordination with the ,secretary of ,state1 and in consultation with the ,national ,commission on ,academic ,research ,protection and the ,export ,enforcement ,coordination ,center1 shall-- 7#a7 develop1 issue1 and regularly update export control guidance for institutions of higher education on compliance with the ,export ,administration ,regulations1 including guidance1 support documentation1 and training materials encouraging and assisting such institutions to perform periodic internal assessments of the risk of not complying with such regulations2 and 7#b7 at least annually1 conduct outreach activities exclusively for the academic community that promote understanding and compliance with the ,export ,administration ,regulations4 7d7 ,federal ,bureau of ,investigation information outreach 7#a7 ,in general ,not later than the date that is #ahj days after the date of the enactment of this section1 the ,director of the ,federal ,bureau of ,investigation1 in consultation with the ,national ,commission on ,academic ,research ,protection1 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 institutions1 including information about threats to federally funded research and development carried out by such institutions4 7#b7 ,report ,not later than one year after the date of the enactment of this section1 and annually thereafter1 the ,director of the ,federal ,bureau of ,investigation shall issue1 and make publicly available on a website1 a report on the outreach strategy described in paragraph 7#a74 #e4 ,definitions ,in this ,act3 7#a7 ,export ,administration ,regulations ,the term ,export ,administration ,regulations means those regulations contained in parts #gcj through #ggd of title #ae1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,export ,enforcement ,coordination ,center ,the term ,export ,enforcement ,coordination ,center means the organization established under ,executive ,order #aceeh1 titled ,export ,enforcement ,coordination ,center 7#ge ,fed4 ,reg4 #fiegc74 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#d7 ,federal regulatory agencies ,the term ,federal regulatory agencies means the ,department of ,defense1 the ,department of ,commerce1 the ,department of ,state1 the ,department of ,justice1 the ,department of ,energy1 the ,department of the ,treasury1 the ,department of ,homeland ,security1 and the ,national ,archives and ,records ,administration4 7#e7 ,federal science agencies ,the term ,federal science agencies means each ,federal agency that obligated or expended not less than #ajj1jjj1jjj in the previous fiscal year for research and development4 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#g7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#h7 ,international ,traffic in ,arms ,regulations ,the term ,international ,traffic in ,arms ,regulations means those regulations contained in parts #abj through #acj of title #bb1 ,code of ,federal ,regulations 7or successor regulations74