,,ii #aafth ,,congress #ast ,session ,s4 #ahgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjai,mr4 ,hawley introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to call on the ,secretary of ,homeland ,security to lead a task force 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 ,the ,united ,states enjoys one of the most vibrant and open education systems in the world4 ,the free flow of ideas has led to the development of innovative technologies and new modes of thinking4 ,the openness of the system also puts it at risk4 ,adversaries of the ,united ,states take advantage of access to federally funded sensitive research that takes place on the campuses of institutions of higher education4 7#b7 ,according to ,alex ,joske of the ,australian ,strategic ,policy ,institute1 there are thousands of scientists with links to ,china's ,people's ,liberation ,army who have traveled to ,american universities over the last several years4 ,in his report1 ,joske described the ,chinese military's tactic as picking flowers in foreign lands to make honey in ,china4 7#c7 ,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 7#d7 ,in ,federal ,bureau of ,investigation 7,,fbi7 ,director ,wray's view1 ,chinese nontraditional intelligence collectors are exploiting the very open research and development environment that we have1 which we all revere4 ,but they're taking advantage of it1 so one of the things we're 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#e7 ,russia has also attempted to exploit the openness of our university system for intelligence purposes4 ,in #bjab1 for instance1 the ,russian ,foreign ,intelligence ,service 7,,svr7 tasked an undercover officer at ,columbia ,university with recruiting classmates or professors who might have access to sensitive information4 7#f7 ,iran poses a similar threat4 ,in #bjab1 ,president ,barack ,obama signed into law the ,iran ,threat ,reduction and ,syria ,human ,rights ,act of #bjab 7,public ,law #aab-aeh71 which prohibited issuance of a student visa to any ,iranian who wished to pursue coursework in preparation for a career in the ,iranian energy1 nuclear science1 or nuclear engineering sectors1 or related fields4 7#g7 ,the ,united ,states recognizes the great value of appropriate openness and the security need of striking a balance with asset protection4 7#h7 ,however1 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#i7 ,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#aj7 ,this ,act preserves the openness of ,america's higher education system1 while preventing adversaries from exploiting that very system in furtherance of their own repressive agendas4 #c4 ,task force and sensitive research project designation 7a7 ,task force established ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state and the ,director of ,national ,intelligence1 shall establish the ,national ,security ,technology ,task ,force 7hereinafter referred to as the ,task ,force7 to address the threat of espionage1 targeting research and development at institutions of higher education that is funded in part or whole by any member agency of the ,task ,force4 7b7 ,membership 7#a7 ,designation 7,a7 ,participation ,the ,task ,force shall include not more than #cj members as follows3 7i7 ,at least #a representative shall be from the ,department of ,homeland ,security1 designated by the ,secretary of ,homeland ,security4 7ii7 ,the ,secretary of ,homeland ,security shall coordinate with the following in order to secure their participation on the ,task ,force3 7,i7 ,the ,director of ,national ,intelligence for at least #a representative from the intelligence community4 7,,ii7 ,the ,united ,states ,attorney ,general for at least #a representative from the ,department of ,justice4 7,,iii7 ,the ,director of the ,federal ,bureau of ,investigation for at least #a representative from the ,federal ,bureau of ,investigation4 7,,iv7 ,the ,secretary of ,energy for at least #a representative from the ,department of ,energy4 7,v7 ,the ,secretary of ,education for at least #a representative from each of the following offices of the ,department of ,education3 7aa7 ,the ,office of ,postsecondary ,education4 7bb7 ,the ,office of the ,general ,counsel4 7cc7 ,any other office the ,secretary of ,homeland ,security determines to be appropriate4 7,,vi7 ,the ,secretary of ,state for at least #a representative from the ,department of ,state4 7,,vii7 ,the ,secretary of ,defense for at least #a representative from the ,department of ,defense4 7,,viii7 ,the ,director of the ,national ,institutes of ,health for at least #a representative from the ,national ,institutes of ,health4 7,,ix7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,b7 ,equal representation ,each agency represented on the ,task ,force shall maintain equal representation with the other agencies on the ,task ,force4 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 agency of the ,task ,force4 7c7 ,sensitive research topics list ,the ,task ,force shall maintain a list of topics determined sensitive by one or more ,task ,force member agencies4 ,such list shall be referred to as the ,sensitive ,research ,topics ,list and be populated and maintained in accordance with the following3 7#a7 ,not later than #ij days after the date of enactment of this ,act1 each ,task ,force member agency shall generate an initial list of research topics determined sensitive for national security reasons and submit such list to the ,office of the ,director of ,national ,intelligence4 7#b7 ,each ,task ,force member agency shall update their respective list of sensitive research topics on a #f-month basis and submit changes to the ,office of the ,director of ,national ,intelligence4 7#c7 ,task ,force member agency inputs described in paragraphs 7#a7 and 7#b7 shall be added to-- 7,a7 any item listed on the ,commerce ,control ,list 7,,ccl7 maintained by the ,department of ,commerce2 and 7,b7 any item listed on the ,united ,states ,munitions ,list maintained by the ,department of ,state4 7#d7 ,not later than #ij days after receipt of ,task ,force member agency inputs described in paragraphs 7#a7 and 7#b71 the ,office of the ,director of ,national ,intelligence shall compile the inputs and issue the first ,sensitive ,research ,topics ,list to all ,task ,force member agencies4 ,thereafter1 the ,office of ,directory of ,national ,intelligence shall maintain an updated list of the research topics based on ,task ,force member agency inputs and any changes to the ,commerce ,control ,list and the ,united ,states ,munitions ,list1 and ensure an updated version of the ,sensitive ,research ,topic ,lists is available to all of the ,task ,force member agencies4 7d7 ,sensitive research projects list ,the ,task ,force shall maintain a list of projects funded by ,task ,force member agencies and addressing sensitive research topics4 ,such list shall be referred to as the ,sensitive ,research ,projects ,list and be populated and maintained in accordance with the following3 7#a7 ,not later than #ij days after the first issuance of the ,sensitive ,research ,topics ,list1 each ,task ,force member agency shall identify any ongoing or scheduled projects that-- 7,a7 receive or are scheduled to receive funding from said agency2 7,b7 involve personnel from an institution of higher education2 and 7,c7 address one or more topics found on the ,sensitive ,research ,topics ,list4 7#b7 ,the ,task ,force shall collect the following information relevant to each project identified in paragraph 7#a73 7,a7 ,the ,task ,force member agency that is funding the project4 7,b7 ,which topic on the ,sensitive ,research ,topics ,list is addressed by the project4 7,c7 ,contact information for the principal investigator on the project4 7#c7 ,the ,task ,force shall submit the ,sensitive ,research ,projects ,list1 with the required information1 to the ,office of the ,director of ,national ,intelligence1 who shall maintain the ,sensitive ,research ,projects ,list4 7#d7 ,the ,sensitive ,research ,projects ,list shall be updated in response to any changes to the ,sensitive ,research ,topics ,list1 and-- 7,a7 the ,office of the ,director of ,national ,intelligence shall issue notification to all ,task ,force member agencies of any changes to the ,sensitive ,research ,topics ,list resulting from updated inputs from ,task ,force member agencies or the ,commerce ,control ,lists or ,united ,states ,munitions ,list2 and 7,b7 each ,task ,force member agency shall-- 7i7 reinitiate the process detailed in paragraph 7#a72 and 7ii7 provide an updated list of agency-funded sensitive research projects to the ,office of the ,director of ,national ,intelligence4 7e7 ,consultation with ,,oig ,the ,task ,force shall periodically1 but not less frequently than annually1 consult with the ,office of the ,inspector ,general of the ,department of ,homeland ,security1 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 7f7 ,instruction to institutions of higher education ,not less frequently than annually1 the ,task ,force shall provide relevant instruction to institutions of higher education at which research projects on the ,sensitive ,research ,projects ,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 7g7 ,report to ,congress ,not later than one year after the date of enactment of this ,act1 and every #f months thereafter1 the ,task ,force shall provide a report to the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,armed ,services1 and the ,select ,committee on ,intelligence of the ,senate and to the ,committee on ,homeland ,security1 the ,committee on ,education and ,labor1 the ,committee on ,armed ,services1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 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 ,projects ,list4 #d4 ,foreign student participation in sensitive research projects 7a7 ,approval of foreign student participation required 7#a7 ,in general ,beginning on the date that is one year after the date of enactment of this ,act1 for each project on the ,sensitive ,research ,projects ,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-- 7,a7 obtain proof of citizenship from any student participating or expected to participate in such project before the student is permitted to participate in such project2 and 7,b7 for any student who is a citizen of a country identified in subsection 7b71 submit the required information1 to be defined in coordination with the office designated by the ,task ,force to perform the background screening1 to their grantmaking agency1 who shall transmit that information in a standardized format1 to be stipulated in coordination with the office designated by the ,task ,force to perform the background screening1 to the office designated by the ,task ,force to perform the background screening4 7#b7 ,background screening ,an office designated by the ,task ,force shall perform a background screening of a student described in paragraph 7#a7 and approve or deny the student's participation in the relevant project within #ij days of initial receipt of the information described in paragraph 7#a77;,b71 and-- 7,a7 the scope of any such screening shall be determined by the designated office in consultation with the ,task ,force1 with reference to the specific project and the requirements of the grantmaking agency2 7,b7 the ,secretary of ,homeland ,security1 as head of the ,task ,force1 shall retain authority to delay approval or denial of a student's participation in a sensitive research project in #cj-;day increments1 as needed in coordination with ,task ,force member agencies2 and 7,c7 institutions of higher education shall maintain the right to petition findings and contest the outcome of a screening4 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 ,russian ,federation4 7#c7 ,the ,islamic ,republic of ,iran4 #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 ,secretary of ,homeland ,security shall coordinate with the ,director of ,national ,intelligence to identify foreign entities1 including governments1 corporations1 nonprofit 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 ,secretary of ,homeland ,security shall make the initial list required under subsection 7a7 in coordination with the ,director of ,national ,intelligence1 and any changes to such list1 available to the ,task ,force and the head of each qualified funding agency as soon as practicable4 ,the ,secretary of ,homeland ,security shall provide such initial list and subsequent amendments to each institution of higher education at which a project on the ,sensitive ,research ,projects ,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 the ,department of ,homeland ,security1 certify to the ,secretary of ,homeland ,security1 beginning on the date that is #b 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 ,secretary of ,homeland ,security 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 ,secretary of ,homeland ,security 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 ,task ,force member 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 means any student activity of a student with access to sensitive research project-specific information for any reason4