,,ii ,calendar ,no4 #fbj #aafth ,,congress #b;d ,session ,s4 #ciig ,report ,no4 #aaf-cag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjbj,mr4 ,portman 7for himself1 ,mr4 ,carper1 ,mr4 ,barrasso1 ,mrs4 ,blackburn1 ,mr4 ,braun1 ,mr4 ,coons1 ,ms4 ,cortez ,masto1 ,ms4 ,hassan1 ,mr4 ,hawley1 ,mr4 ,manchin1 ,mr4 ,risch1 ,mr4 ,rubio1 ,mr4 ,scott of ,florida1 ,mrs4 ,shaheen1 ,mr4 ,tillis1 ,mr4 ,grassley1 ,mr4 ,johnson1 ,ms4 ,mc,sally1 ,mr4 ,lankford1 and ,mr4 ,romney7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,december #ad1 #bjbj,reported by ,mr4 ,johnson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to strengthen the security and integrity of the ,united ,states scientific and research enterprise4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,safeguarding ,american ,innovation ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,federal ,research ,security ,council4,sec4 #d4 ,federal grant application fraud4,sec4 #e4 ,restricting the transfer of goods1 technologies1 and sensitive information to certain aliens4,sec4 #f4 ,limitations on educational and cultural exchange programs4,sec4 #g4 ,amendments to disclosures of foreign gifts4 #b4 ,definitions ,in this ,act3 7#a7 ,federal science agency ,the term ,federal science agency means any ,federal department or agency to which more than #ajj1jjj1jjj in research and development funds were appropriated for fiscal year #bjbj4 7#b7 ,research and development 7,a7 ,in general ,the term research and development means all research activities1 both basic and applied1 and all development activities4 7,b7 ,development ,the term development means experimental development4 7,c7 ,experimental development ,the term experimental development means creative and systematic work1 drawing upon knowledge gained from research and practical experience1 which-- 7i7 is directed toward the production of new products or processes or improving existing products or processes2 and 7ii7 like research1 will result in gaining additional knowledge4 7,d7 ,research ,the term research-- 7i7 means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied2 and 7ii7 includes activities involving the training of individuals in research techniques if such activities-- 7,i7 utilize the same facilities as other research and development activities2 and 7,,ii7 are not included in the instruction function4 #c4 ,federal ,research ,security ,council 7a7 ,in general ,subtitle ,v of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #gi ,federal ,research ,security ,council ,sec4 #gija4 ,definitions4 #gijb4 ,federal ,research ,security ,council establishment and membership4 #gijc4 ,functions and authorities4 #gijd4 ,strategic plan4 #gije4 ,annual report4 #gijf4 ,requirements for ,executive agencies4 #gija4 ,definitions ,in this chapter3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on ,foreign ,relations of the ,senate2 7,e7 the ,committee on ,armed ,services of the ,senate2 7,f7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,g7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 7,h7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,i7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,j7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,k7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,l7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,m7 the ,committee on ,education and ,labor of the ,house of ,representatives4 7#b7 ,council ,the term ,council means the ,federal ,research ,security ,council established under section #gijb7;a74 7#c7 ,executive agency ,the term ,executive agency has the meaning given that term in section #aje of title #e4 7#d7 ,federal research security risk ,the term ,federal research security risk means the risk posed by malign state actors and other persons to the security and integrity of research and development conducted using grants awarded by ,executive agencies4 7#e7 ,insider ,the term insider means any person with authorized access to any ,united ,states ,government resource1 including personnel1 facilities1 information1 research1 equipment1 networks1 or systems4 7#f7 ,insider threat ,the term insider threat means the threat that an insider will use his or her authorized access 7wittingly or unwittingly7 to harm the national and economic security of the ,united ,states or negatively affect the integrity of a ,federal agency's normal processes1 including damaging the ,united ,states through espionage1 sabotage1 unauthorized disclosure of national security information or non-public information1 or through the loss or degradation of departmental resources1 capabilities1 and functions4 7#g7 ,research and development 7,a7 ,in general ,the term research and development means all research activities1 both basic and applied1 and all development activities4 7,b7 ,development ,the term development means experimental development4 7,c7 ,experimental development ,the term experimental development means creative and systematic work1 drawing upon knowledge gained from research and practical experience1 which-- 7i7 is directed toward the production of new products or processes or improving existing products or processes2 and 7ii7 like research1 will result in gaining additional knowledge4 7,d7 ,research ,the term research-- 7i7 means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied2 and 7ii7 includes activities involving the training of individuals in research techniques if such activities-- 7,i7 utilize the same facilities as other research and development activities2 and 7,,ii7 are not included in the instruction function4 7#h7 ,united states research community ,the term ,united ,states research community means-- 7,a7 research and development centers of ,executive agencies2 7,b7 private research and development centers in the ,united ,states1 including for-profit and nonprofit research institutes2 7,c7 research and development centers at institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 7,d7 research and development centers of ,states1 ,united ,states territories1 ,indian tribes1 and municipalities2 7,e7 government-owned1 contractor-operated ,united ,states ,government research and development centers2 and 7,f7 any person conducting federally funded research or receiving ,federal research grant funding4 #gijb4 ,federal ,research ,security ,council establishment and membership 7a7 ,establishment ,there is established1 in the ,office of ,management and ,budget1 a ,federal ,research ,security ,council1 which shall develop federally funded research and development grant making policy and management guidance to protect the national and economic security interests of the ,united ,states4 7b7 ,membership 7#a7 ,in general ,the following agencies shall be represented on the ,council3 7,a7 ,the ,office of ,management and ,budget4 7,b7 ,the ,office of ,science and ,technology ,policy4 7,c7 ,the ,department of ,defense4 7,d7 ,the ,department of ,homeland ,security4 7,e7 ,the ,office of the ,director of ,national ,intelligence1 including the ,national ,counterintelligence and ,security ,center4 7,f7 ,the ,department of ,justice1 including the ,federal ,bureau of ,investigation4 7,g7 ,the ,department of ,energy4 7,h7 ,the ,department of ,commerce1 including the ,national ,institute of ,standards and ,technology4 7,i7 ,the ,department of ,health and ,human ,services1 including the ,national ,institutes of ,health4 7,j7 ,the ,department of ,state4 7,k7 ,the ,department of ,transportation4 7,l7 ,the ,national ,aeronautics and ,space ,administration4 7,m7 ,the ,national ,science ,foundation4 7,n7 ,the ,department of ,education4 7,o7 ,the ,small ,business ,administration4 7,p7 ,the ,council of ,inspectors ,general on ,integrity and ,efficiency4 7,q7 ,other ,executive agencies1 as determined by the ,chairperson of the ,council4 7#b7 ,lead representatives 7,a7 ,designation ,not later than #de days after the date of the enactment of this chapter1 the head of each agency represented on the ,council shall designate a representative of that agency as the lead representative of the agency on the ,council4 7,b7 ,functions ,the lead representative of an agency designated under subparagraph 7,a7 shall ensure that appropriate personnel1 including leadership and subject matter experts of the agency1 are aware of the business of the ,council4 7c7 ,chairperson 7#a7 ,designation ,not later than #de days after the date of the enactment of this chapter1 the ,director of the ,office of ,management and ,budget shall designate a senior-level official from the ,office of ,management and ,budget to serve as the ,chairperson of the ,council4 7#b7 ,functions ,the ,chairperson shall perform functions that include-- 7,a7 subject to subsection 7d71 developing a schedule for meetings of the ,council2 7,b7 designating ,executive agencies to be represented on the ,council under subsection 7b77#a77,q72 7,c7 in consultation with the lead representative of each agency represented on the ,council1 developing a charter for the ,council2 and 7,d7 not later than #g days after completion of the charter1 submitting the charter to the appropriate congressional committees4 7#c7 ,lead science advisor ,the ,director of the ,office of ,science and ,technology ,policy shall be the lead science advisor to the ,chairperson for purposes of this chapter4 7#d7 ,lead security advisor ,the ,director of the ,national ,counterintelligence and ,security ,center shall be the lead security advisor to the ,chairperson for purposes of this chapter4 7d7 ,meetings ,the ,council shall meet not later than #fj days after the date of the enactment of this chapter and not less frequently than quarterly thereafter4 #gijc4 ,functions and authorities 7a7 ,in general ,the ,chairperson of the ,council shall consider the missions and responsibilities of ,council members in determining the lead agencies for ,council functions4 ,the ,council shall perform the following functions3 7#a7 ,developing and implementing1 across all ,executive agencies that award research and development grants1 a uniform application process for grants in accordance with subsection 7b74 7#b7 ,developing and implementing a uniform and regular reporting process for identifying persons participating in federally funded research and development or that have access to nonpublic federally funded information1 data1 research findings1 and research and development grant proposals4 7#c7 ,identifying or developing criteria1 in accordance with subsection 7c71 for sharing and receiving information with respect to ,federal research security risks in order to mitigate such risks with-- 7,a7 members of the ,united ,states research community2 and 7,b7 other persons participating in federally funded research and development4 7#d7 ,identifying an appropriate ,executive agency-- 7,a7 to accept and protect information submitted by ,executive agencies and non-,federal entities based on the processes established under paragraphs 7#a7 and 7#b72 and 7,b7 to facilitate the sharing of information received under subparagraph 7,a7 to support1 as necessary and appropriate-- 7i7 oversight of federally funded research and development2 7ii7 criminal and civil investigations of misappropriated ,federal funds1 resources1 and information2 and 7iii7 counterintelligence investigations4 7#e7 ,identifying1 as appropriate1 ,executive agencies to provide-- 7,a7 shared services1 such as support for conducting ,federal research security risk assessments1 activities to mitigate such risks1 and oversight and investigations with respect to grants awarded by ,executive agencies2 and 7,b7 common contract solutions to support enhanced information collection and sharing and the verification of the identities of persons participating in federally funded research and development4 7#f7 ,identifying and issuing guidance1 in accordance with subsection 7d7 and in coordination with the ,national ,insider ,threat ,task ,force established by ,executive ,order #acehg 7#ej ,u4,s4,c4 #cafa note7 for developing and implementing insider threat programs for ,executive agencies to deter1 detect1 and mitigate insider threats1 including the safeguarding of sensitive information from exploitation1 compromise1 or other unauthorized disclosure1 taking into account risk levels and the distinct needs1 missions1 and systems of each such agency4 7#g7 ,identifying and issuing guidance for developing compliance and oversight programs for ,executive agencies to ensure that research and development grant recipients accurately report conflicts of interest and conflicts of commitment in accordance with subsection 7b77#a74 ,such programs shall include an assessment of-- 7,a7 a grantee's support from foreign sources and affiliations with foreign funding institutions or laboratories2 and 7,b7 the impact of such support and affiliations on ,united ,states national security and economic interests4 7#h7 ,assessing and making recommendations with respect to whether openly sharing certain types of federally funded research and development is in the economic and national security interests of the ,united ,states4 7#i7 ,identifying and issuing guidance to the ,united ,states research community1 and other recipients of ,federal research and development funding1 to ensure that such institutions and recipients adopt existing best practices to reduce the risk of misappropriation of research data4 7#aj7 ,identifying and issuing guidance on additional steps that may be necessary to address ,federal research security risks arising in the course of ,executive agencies providing shared services and common contract solutions under paragraph 7#e77;,b74 7#aa7 ,engaging with the ,united ,states research community in performing the functions described in paragraphs 7#a71 7#b71 and 7#c7 and with respect to issues relating to ,federal research security risks4 7#ab7 ,carrying out such other functions1 as determined by the ,council1 that are necessary to reduce ,federal research security risks4 7b7 ,requirements for uniform grant application process ,in developing the uniform application process for ,federal research and development grants required under subsection 7a77#a71 the ,council shall-- 7#a7 ensure that the process-- 7,a7 requires principal investigators1 co-principal investigators1 and senior personnel associated with the proposed ,federal research or development grant project-- 7i7 to disclose biographical information1 all affiliations1 including any foreign military and foreign government-related organizations1 and all current and pending support1 including affiliations with foreign funding institutions or laboratories1 and all support received from foreign sources2 and 7ii7 to certify the accuracy of the required disclosures under penalty of perjury2 and 7,b7 uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants2 7#b7 design the process-- 7,a7 to reduce the administrative burden on persons applying for ,federal research and development funding2 and 7,b7 to promote information sharing across the ,united ,states research community1 while safeguarding sensitive information2 and 7#c7 complete the process not later than #a year after the date of the enactment of the ,safeguarding ,american ,innovation ,act4 7c7 ,requirements for information sharing criteria ,in identifying or developing criteria and procedures for sharing information with respect to ,federal research security risks under subsection 7a77#c71 the ,council shall ensure that such criteria address1 at a minimum-- 7#a7 the information to be shared2 7#b7 the circumstances under which sharing is mandated or voluntary2 7#c7 the circumstances under which it is appropriate for an ,executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities of the agency under applicable laws relating to the award of grants2 7#d7 the procedures for protecting intellectual capital that may be present in such information2 and 7#e7 appropriate privacy protections for persons involved in ,federal research and development4 7d7 ,requirements for insider threat program guidance ,in identifying or developing guidance with respect to insider threat programs under subsection 7a77#f71 the ,council shall ensure that such guidance provides for1 at a minimum-- 7#a7 such programs-- 7,a7 to deter1 detect1 and mitigate insider threats2 and 7,b7 to leverage counterintelligence1 security1 information assurance1 and other relevant functions and resources to identify and counter insider threats2 7#b7 the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats1 including through-- 7,a7 monitoring user activity on computer networks controlled by ,executive agencies2 7,b7 providing employees of ,executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats2 7,c7 gathering information for a centralized analysis1 reporting1 and response capability2 and 7,d7 information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations2 7#c7 the development and implementation of policies and procedures under which the insider threat program of an ,executive agency accesses1 shares1 and integrates information and data derived from offices within the agency2 7#d7 the designation of senior officials with authority to provide management1 accountability1 and oversight of the insider threat program of an ,executive agency and to make resource recommendations to the appropriate officials2 and 7#e7 such additional guidance as is necessary to reflect the distinct needs1 missions1 and systems of each ,executive agency4 7e7 ,issuance of warnings relating to risks and vulnerabilities in international scientific cooperation 7#a7 ,in general ,the ,council1 in conjunction with the lead security advisor under section #gijb7;c77#d71 shall establish a process for informing members of the ,united ,states research community and the public1 through the issuance of warnings described in paragraph 7#b71 of potential risks and vulnerabilities in international scientific cooperation that may undermine the integrity and security of the ,united ,states research community or place at risk any federally funded research and development4 7#b7 ,content ,a warning described in this paragraph shall include1 to the extent the ,council considers appropriate1 a description of-- 7,a7 activities by the national government1 local governments1 research institutions1 or universities of a foreign country-- 7i7 to exploit1 interfere1 or undermine research and development by the ,united ,states research community2 or 7ii7 to misappropriate scientific knowledge resulting from federally funded research and development2 7,b7 efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk-- 7i7 the science and technology of that foreign country2 or 7ii7 federally funded research and development2 and 7,c7 practices within the research enterprise of a foreign country that do not adhere to the ,united ,states scientific values of openness1 transparency1 reciprocity1 integrity1 and merit-based competition4 7f7 ,program office and committees ,the interagency working group established under section #agdf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib7 shall be a working group under the ,council performing duties authorized under such section and as directed by the ,council4 ,the ,council may also establish a program office and any committees1 working groups1 or other constituent bodies the ,council deems appropriate1 in its sole and unreviewable discretion1 to carry out its functions4 7g7 ,exclusion orders ,to reduce ,federal research security risk1 the ,interagency ,suspension and ,debarment ,committee shall provide quarterly reports to the ,council that detail-- 7#a7 the number of ongoing investigations by ,council ,members related to ,federal research security that may result1 or have resulted1 in agency pre-notice letters1 suspensions1 proposed debarments1 and debarments2 7#b7 ,federal agencies' performance and compliance with interagency suspensions and debarments2 7#c7 efforts by the ,interagency ,suspension and ,debarment ,committee to mitigate ,federal research security risk2 7#d7 proposals for developing a unified ,federal policy on suspensions and debarments2 and 7#e7 other current suspension and debarment related issues4 #gijd4 ,strategic plan 7a7 ,in general ,not later than #ahj days after the date of the enactment of this chapter1 the ,council shall develop a strategic plan for addressing ,federal research security risks and for managing such risks1 that includes-- 7#a7 the criteria and processes required under section #gijc7;a71 including a threshold and requirements for sharing relevant information about such risks with all ,executive agencies and1 as appropriate1 with other ,federal entities1 foreign governments1 and non-,federal entities2 7#b7 an identification of existing authorities for addressing such risks2 7#c7 an identification and promulgation of best practices and procedures1 and an identification of available resources1 for ,executive agencies to assess and mitigate such risks2 7#d7 recommendations for any legislative1 regulatory1 or other policy changes to improve efforts to address such risks2 7#e7 recommendations for any legislative1 regulatory1 or other policy changes to incentivize the adoption of best practices for avoiding and mitigating ,federal research security risks by the ,united ,states research community and key ,united ,states foreign research partners2 7#f7 an evaluation of the effect of implementing new policies or procedures on existing ,federal grant processes1 regulations1 and disclosures of conflicts of interest and conflicts of commitment2 7#g7 a plan for engaging with ,executive agencies1 the private sector1 and other nongovernmental stakeholders to address such risks and share information between ,executive agencies1 the private sector1 and nongovernmental stakeholders2 and 7#h7 a plan for identification1 assessment1 mitigation1 and vetting of ,federal research security risks4 7b7 ,submission to ,congress ,not later than #g calendar days after completion of the strategic plan required by subsection 7a71 the ,chairperson of the ,council shall submit the plan to the appropriate congressional committees4 #gije4 ,annual report ,not later than ,december #ae of each year1 the ,chairperson of the ,council shall submit a report to the appropriate congressional committees that describes-- 7#a7 the activities of the ,council during the preceding fiscal year2 and 7#b7 the progress made toward implementing the strategic plan required under section #gijd after such plan has been submitted to ,congress4 #gijf4 ,requirements for ,executive agencies 7a7 ,in general ,the head of each ,executive agency on the ,council shall be responsible for-- 7#a7 assessing ,federal research security risks posed by persons participating in federally funded research and development2 7#b7 avoiding or mitigating such risks1 as appropriate and consistent with the standards1 guidelines1 requirements1 and practices identified by the ,council under section #gijc7;a72 7#c7 prioritizing ,federal research security risk assessments conducted under paragraph 7#a7 based on the applicability and relevance of the research and development to the national security and economic competitiveness of the ,united ,states2 and 7#d7 ensuring that all agency initiatives impacting federally funded research grant making policy and management to protect the national and economic security interests of the ,united ,states are integrated with the activities of the ,council4 7b7 ,inclusions ,the responsibility of the head of an ,executive agency for assessing ,federal research security risk described in subsection 7a7 includes-- 7#a7 developing an overall ,federal research security risk management strategy and implementation plan and policies and processes to guide and govern ,federal research security risk management activities by the ,executive agency2 7#b7 integrating ,federal research security risk management practices throughout the lifecycle of the grant programs of the ,executive agency2 7#c7 sharing relevant information with other ,executive agencies1 as determined appropriate by the ,council in a manner consistent with section #gijc2 and 7#d7 reporting on the effectiveness of the ,federal research security risk management strategy of the ,executive agency consistent with guidance issued by the ,office of ,management and ,budget and the ,council4 4 7b7 ,clerical amendment ,the table of chapters at the beginning of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #gg the following new item3 #gi4 ,federal ,research ,security ,council#gija4 4 #d4 ,federal grant application fraud 7a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,federal grant application fraud 7a7 ,definitions ,in this section3 7#a7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#b7 ,federal grant ,the term ,federal grant-- 7,a7 means a grant awarded by a ,federal agency2 7,b7 includes a subgrant awarded by a non-,federal entity to carry out a ,federal grant program2 and 7,c7 does not include-- 7i7 direct ,united ,states ,government cash assistance to an individual2 7ii7 a subsidy2 7iii7 a loan2 7iv7 a loan guarantee2 or 7v7 insurance4 7#c7 ,federal grant application ,the term ,federal grant application means an application for a ,federal grant4 7#d7 ,foreign compensation ,the term foreign compensation means a title1 monetary compensation1 access to a laboratory or other resource1 or other benefit received from-- 7,a7 a foreign government2 7,b7 a foreign government institution2 or 7,c7 a foreign public enterprise4 7#e7 ,foreign government ,the term foreign government includes a person acting or purporting to act on behalf of-- 7,a7 a faction1 party1 department1 agency1 bureau1 subnational administrative entity1 or military of a foreign country2 or 7,b7 a foreign government or a person purporting to act as a foreign government1 regardless of whether the ,united ,states recognizes the government4 7#f7 ,foreign government institution ,the term foreign government institution means a foreign entity owned by1 subject to the control of1 or subject to regulation by a foreign government4 7#g7 ,foreign public enterprise ,the term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence4 7#h7 ,law enforcement agency ,the term law enforcement agency-- 7,a7 means a ,federal1 ,state1 local1 or ,tribal law enforcement agency2 and 7,b7 includes-- 7i7 the ,office of ,inspector ,general of an establishment 7as defined in section #ab of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app477 or a designated ,federal entity 7as defined in section #h;,g7a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app4772 and 7ii7 the ,office of ,inspector ,general1 or similar office1 of a ,state or unit of local government4 7#i7 ,outside compensation ,the term outside compensation means any compensation that is not received from the primary employer of an individual4 7b7 ,prohibition ,it shall be unlawful for any individual to knowingly-- 7#a7 prepare or submit a ,federal grant application that fails to disclose the receipt of any outside compensation1 including foreign compensation1 by the individual2 7#b7 forge1 counterfeit1 or otherwise falsify a document for the purpose of obtaining a ,federal grant2 or 7#c7 prepare1 submit1 or assist in the preparation or submission of a ,federal grant application or document in connection with a ,federal grant application that-- 7,a7 contains a false statement2 7,b7 contains a material misrepresentation2 7,c7 has no basis in law or fact2 or 7,d7 fails to disclose a material fact4 7c7 ,exception ,subsection 7b7 does not apply to an activity-- 7#a7 carried out in connection with a lawfully authorized investigative1 protective1 or intelligence activity of-- 7,a7 a law enforcement agency2 or 7,b7 a ,federal intelligence agency2 or 7#b7 authorized under chapter #bbd4 7d7 ,penalty ,any individual who violates subsection 7b7-- 7#a7 shall be fined in accordance with this title1 imprisoned for not more than #e years1 or both2 and 7#b7 shall be prohibited from receiving a ,federal grant during the #e-year period beginning on the date on which a sentence is imposed on the individual under paragraph 7#a74 4 7b7 ,clerical amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,federal grant application fraud4 4 #e4 ,restricting the transfer of goods1 technologies1 and sensitive information to certain aliens 7a7 ,grounds of inadmissibility ,section #bab7;a77#c77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,a77i77 is amended to read as follows3 7i7 any activity-- 7,i7 to violate any law of the ,united ,states relating to espionage or sabotage2 7,,ii7 to violate or evade any law prohibiting the export from the ,united ,states of goods1 technologies1 or sensitive information2 or 7,,iii7 to acquire export-controlled goods1 technologies1 or sensitive information 7notwithstanding any exclusions for items not normally subject to export controls7 if the ,secretary of ,state has determined that the acquisition of those goods1 technologies1 or sensitive information by a category of aliens that includes such alien would be contrary to an articulable national security 7including economic security7 interest of the ,united ,states2 4 7b7 ,determining factors 7#a7 ,in general ,in establishing criteria for determining whether an alien is included in a category of aliens that may be inadmissible under section #bab7;a77#c77;,a77i77,,iii7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 officials of the ,department of ,state shall-- 7,a7 seek advice and assistance from officials at the ,office of the ,director of ,national ,intelligence1 the ,office of ,science and ,technology ,policy1 the ,department of ,health and ,human ,services1 the ,department of ,defense1 the ,department of ,homeland ,security1 the ,department of ,energy1 the ,department of ,commerce1 and other appropriate ,federal agencies2 7,b7 consider factors such as the alien's past or likely employment or cooperation with-- 7i7 foreign military and security related organizations that are adversarial to the ,united ,states2 7ii7 foreign institutions involved in the theft of ,united ,states research2 7iii7 entities involved in export control violations or the theft of intellectual property2 and 7iv7 a government that seeks to undermine the integrity and security of the ,united ,states research community2 and 7,c7 weigh the proportionality of risk for the factors listed in subparagraph 7,b74 7#b7 ,machine-readable documents ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,state shall-- 7,a7 use a machine-readable visa application form2 and 7,b7 make available documents submitted in support of a visa application in a machine readable format to assist in-- 7i7 identifying fraud2 7ii7 conducting lawful law enforcement activities2 and 7iii7 determining the eligibility of applicants for a visa under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7c7 ,reporting requirement ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 in coordination with the ,director of ,national ,intelligence1 the ,director of the ,office of ,science and ,technology ,policy1 the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 the ,secretary of ,energy1 the ,secretary of ,commerce1 and the heads of other appropriate ,federal agencies1 shall submit a report to ,congress that identifies-- 7#a7 the criteria used to describe the category of aliens to which such section #bab7;a77#c77;,a77i77,,iii7 may apply2 and 7#b7 the number of individuals determined to be inadmissible under such section #bab7;a77#c77;,a77i77,,iii71 including the nationality of each such individual4 7d7 ,classification of annual report ,each annual report required under subsection 7c7 shall be submitted1 to the extent practicable1 in an unclassified form1 but may be accompanied by a classified appendix detailing the criteria used to describe the category of aliens to which such section #bab7;a77#c77;,a77i77,,iii7 applies if the ,secretary of ,state determines that such action-- 7#a7 is in the national security and economic security interests of the ,united ,states2 or 7#b7 is necessary to further the purposes of this ,act4 7e7 ,report ,not later than #de days after date of the enactment of this ,act1 the ,secretary of ,state shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,select ,committee on ,intelligence of the ,senate1 the ,committee on ,foreign ,relations of the ,senate2 the ,committee on ,oversight and ,reform of the ,house of ,representatives1 the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives that-- 7#a7 describes how supplementary documents provided by a visa applicant in support of a visa application are stored and shared by the ,department of ,state with authorized ,federal agencies2 7#b7 identifies the sections of a visa application that are machine-readable and the sections that are not machine-readable2 7#c7 provides cost estimates1 including personnel costs and a cost-benefit analysis for adopting different technologies1 including optical character recognition1 for-- 7,a7 making every element of a visa application1 and documents submitted in support of a visa application1 machine-readable2 and 7,b7 ensuring that such system-- 7i7 protects personally-identifiable information2 and 7ii7 permits the sharing of visa information with ,federal agencies in accordance with existing law2 and 7#d7 includes an estimated timeline for completing the implementation of subsection 7b77#b74 #f4 ,limitations on educational and cultural exchange programs ,section #ajb7;b77#e7 of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdeb7;b77#e77 is amended by striking the semicolon at the end and inserting the following3 8by developing exchange programs for foreign researchers and scientists1 while protecting technologies regulated by export control laws important to the national security and economic interests of the ,united ,states1 including requiring sponsors-- 7,a7 to disclose to the ,department of ,state whether an exchange visitor1 as a primary part of his or her exchange program1 will have released to them controlled technology or technical data regulated by export control laws at sponsor organizations through research activities1 lectures1 course work1 sponsor employees1 officers1 agents1 third parties at which the sponsor places the exchange visitor1 volunteers1 or other individuals or entities associated with a sponsor's administration of the exchange visitor program2 7,b7 to provide a plan to the ,department of ,state that establishes appropriate program safeguards to prevent the unauthorized release of controlled technology or technical data regulated by export control laws at sponsor organizations or through their employees1 officers1 agents1 third parties1 volunteers1 or other individuals or entities associated with a sponsor's administration of the exchange visitor program2 and 7,c7 to demonstrate1 to the satisfaction of the ,secretary of ,state1 that programs that will release controlled technology or technical data to an exchange visitor at the sponsor organization through exchange visitor programs have received appropriate authorization from the ,department of ,state1 the ,department of ,commerce1 other cognizant ,federal agency before the sponsor releases controlled technology or technical data2 4 #g4 ,amendments to disclosures of foreign gifts ,section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,disclosure report 7#a7 ,in general ,an institution shall file a disclosure report with the ,secretary not later than the sooner of the first ,march #ca or ,september #cj occurring after the date on which-- 7,a7 a foreign source gains ownership of1 or control over1 the institution2 or 7,b7 the institution receives a gift from1 or enters into a contract with1 a foreign source1 the value of which is #ej1jjj or more1 considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year4 7#b7 ,revisions2 updates ,the ,secretary shall permit institutions to revise and update disclosure reports previously filed to ensure that such reports are accurate and in compliance with applicable requirements4 2 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,public inspection ,not later than #cj days after receiving a disclosure report under this section1 the ,secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared4 2 7#c7 in subsection 7f71 by adding at the end the following3 7#c7 ,warnings2 fines 7,a7 ,warnings ,the ,secretary shall issue a warning to any institution that fails to file a disclosure report for a receipt of a gift from or contract with a foreign source4 7,b7 ,fines ,the ,secretary may impose a fine on any institution that repeatedly fails to file a disclosure report for a receipt of a gift from or contract with a foreign source in accordance with subsection 7a7 in an amount that is not more than #c times the amount of the gift or contract with the foreign source4 2 7#d7 by amending subsection 7g7 to read as follows3 7g7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of the ,safeguarding ,american ,innovation ,act1 the ,secretary shall issue regulations to carry out this section using the negotiated rulemaking procedure set forth in section #dib7;b74 7#b7 ,elements ,regulations issued pursuant to paragraph 7#a7 shall-- 7,a7 incorporate instructions for-- 7i7 reporting structured gifts and contracts2 and 7ii7 reporting contracts that balances the need for transparency1 while protecting the proprietary information of institutes of higher education2 and 7,b7 clarify the definition of subunit1 for purposes of subsection 7i77#d77;,c74 2 7#e7 by redesignating subsection 7h7 as subsection 7i72 7#f7 by inserting after subsection 7g7 the following3 7h7 ,treatment of tuition payment ,a tuition and related fees and expenses payment to an institution by a foreign source made on behalf of a student enrolled at such institution shall not be considered a gift from or contract with a foreign source under this section4 2 and 7#g7 in subsection 7i71 as redesignated-- 7,a7 in paragraph 7#c71 by striking or property and inserting 1 property1 human resources1 or payment of any staff2 and 7,b7 in paragraph 7#e77;,b71 by inserting institutes1 instructional programs1 after centers14 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,safeguarding ,american ,innovation ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,federal ,research ,security ,council4,sec4 #d4 ,federal grant application fraud4,sec4 #e4 ,restricting the acquisition of goods1 technologies1 and sensitive information to certain aliens4,sec4 #f4 ,limitations on educational and cultural exchange programs4,sec4 #g4 ,amendments to disclosures of foreign gifts4 #b4 ,definitions ,in this ,act3 7#a7 ,federal science agency ,the term ,federal science agency means any ,federal department or agency to which more than #ajj1jjj1jjj in research and development funds were appropriated for fiscal year #bjbj4 7#b7 ,research and development 7,a7 ,in general ,the term research and development means all research activities1 both basic and applied1 and all development activities4 7,b7 ,development ,the term development means experimental development4 7,c7 ,experimental development ,the term experimental development means creative and systematic work1 drawing upon knowledge gained from research and practical experience1 which-- 7i7 is directed toward the production of new products or processes or improving existing products or processes2 and 7ii7 like research1 will result in gaining additional knowledge4 7,d7 ,research ,the term research-- 7i7 means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied2 and 7ii7 includes activities involving the training of individuals in research techniques if such activities-- 7,i7 utilize the same facilities as other research and development activities2 and 7,,ii7 are not included in the instruction function4 #c4 ,federal ,research ,security ,council 7a7 ,in general ,subtitle ,v of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #gi ,federal ,research ,security ,council ,sec4 #gija4 ,definitions4 #gijb4 ,federal ,research ,security ,council establishment and membership4 #gijc4 ,functions and authorities4 #gijd4 ,strategic plan4 #gije4 ,annual report4 #gijf4 ,requirements for ,executive agencies4 #gija4 ,definitions ,in this chapter3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on ,foreign ,relations of the ,senate2 7,e7 the ,committee on ,armed ,services of the ,senate2 7,f7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,g7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 7,h7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,i7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,j7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,k7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,l7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,m7 the ,committee on ,education and ,labor of the ,house of ,representatives4 7#b7 ,council ,the term ,council means the ,federal ,research ,security ,council established under section #gijb7;a74 7#c7 ,executive agency ,the term ,executive agency has the meaning given that term in section #aje of title #e4 7#d7 ,federal research security risk ,the term ,federal research security risk means the risk posed by malign state actors and other persons to the security and integrity of research and development conducted using grants awarded by ,executive agencies4 7#e7 ,insider ,the term insider means any person with authorized access to any ,united ,states ,government resource1 including personnel1 facilities1 information1 research1 equipment1 networks1 or systems4 7#f7 ,insider threat ,the term insider threat means the threat that an insider will use his or her authorized access 7wittingly or unwittingly7 to harm the national and economic security of the ,united ,states or negatively affect the integrity of a ,federal agency's normal processes1 including damaging the ,united ,states through espionage1 sabotage1 unauthorized disclosure of national security information or non-public information1 or through the loss or degradation of departmental resources1 capabilities1 and functions4 7#g7 ,research and development 7,a7 ,in general ,the term research and development means all research activities1 both basic and applied1 and all development activities4 7,b7 ,development ,the term development means experimental development4 7,c7 ,experimental development ,the term experimental development means creative and systematic work1 drawing upon knowledge gained from research and practical experience1 which-- 7i7 is directed toward the production of new products or processes or improving existing products or processes2 and 7ii7 like research1 will result in gaining additional knowledge4 7,d7 ,research ,the term research-- 7i7 means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied2 and 7ii7 includes activities involving the training of individuals in research techniques if such activities-- 7,i7 utilize the same facilities as other research and development activities2 and 7,,ii7 are not included in the instruction function4 7#h7 ,united states research community ,the term ,united ,states research community means-- 7,a7 research and development centers of ,executive agencies2 7,b7 private research and development centers in the ,united ,states1 including for-profit and nonprofit research institutes2 7,c7 research and development centers at institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 7,d7 research and development centers of ,states1 ,united ,states territories1 ,indian tribes1 and municipalities2 7,e7 government-owned1 contractor-operated ,united ,states ,government research and development centers2 and 7,f7 any person conducting federally funded research or receiving ,federal research grant funding4 #gijb4 ,federal ,research ,security ,council establishment and membership 7a7 ,establishment ,there is established1 in the ,office of ,management and ,budget1 a ,federal ,research ,security ,council1 which shall develop federally funded research and development grant making policy and management guidance to protect the national and economic security interests of the ,united ,states4 7b7 ,membership 7#a7 ,in general ,the following agencies shall be represented on the ,council3 7,a7 ,the ,office of ,management and ,budget4 7,b7 ,the ,office of ,science and ,technology ,policy4 7,c7 ,the ,department of ,defense4 7,d7 ,the ,department of ,homeland ,security4 7,e7 ,the ,office of the ,director of ,national ,intelligence1 including the ,national ,counterintelligence and ,security ,center4 7,f7 ,the ,department of ,justice1 including the ,federal ,bureau of ,investigation4 7,g7 ,the ,department of ,energy4 7,h7 ,the ,department of ,commerce1 including the ,national ,institute of ,standards and ,technology4 7,i7 ,the ,department of ,health and ,human ,services1 including the ,national ,institutes of ,health4 7,j7 ,the ,department of ,state4 7,k7 ,the ,department of ,transportation4 7,l7 ,the ,national ,aeronautics and ,space ,administration4 7,m7 ,the ,national ,science ,foundation4 7,n7 ,the ,department of ,education4 7,o7 ,the ,small ,business ,administration4 7,p7 ,the ,council of ,inspectors ,general on ,integrity and ,efficiency4 7,q7 ,other ,executive agencies1 as determined by the ,chairperson of the ,council4 7#b7 ,lead representatives 7,a7 ,designation ,not later than #de days after the date of the enactment of this chapter1 the head of each agency represented on the ,council shall designate a representative of that agency as the lead representative of the agency on the ,council4 7,b7 ,functions ,the lead representative of an agency designated under subparagraph 7,a7 shall ensure that appropriate personnel1 including leadership and subject matter experts of the agency1 are aware of the business of the ,council4 7c7 ,chairperson 7#a7 ,designation ,not later than #de days after the date of the enactment of this chapter1 the ,director of the ,office of ,management and ,budget shall designate a senior-level official from the ,office of ,management and ,budget to serve as the ,chairperson of the ,council4 7#b7 ,functions ,the ,chairperson shall perform functions that include-- 7,a7 subject to subsection 7d71 developing a schedule for meetings of the ,council2 7,b7 designating ,executive agencies to be represented on the ,council under subsection 7b77#a77,q72 7,c7 in consultation with the lead representative of each agency represented on the ,council1 developing a charter for the ,council2 and 7,d7 not later than #g days after completion of the charter1 submitting the charter to the appropriate congressional committees4 7#c7 ,lead science advisor ,the ,director of the ,office of ,science and ,technology ,policy shall be the lead science advisor to the ,chairperson for purposes of this chapter4 7#d7 ,lead security advisor ,the ,director of the ,national ,counterintelligence and ,security ,center shall be the lead security advisor to the ,chairperson for purposes of this chapter4 7d7 ,meetings ,the ,council shall meet not later than #fj days after the date of the enactment of this chapter and not less frequently than quarterly thereafter4 #gijc4 ,functions and authorities 7a7 ,in general ,the ,chairperson of the ,council shall consider the missions and responsibilities of ,council members in determining the lead agencies for ,council functions4 ,the ,council shall perform the following functions3 7#a7 ,developing and implementing1 across all ,executive agencies that award research and development grants1 a uniform application process for grants in accordance with subsection 7b74 7#b7 ,developing and implementing a uniform and regular reporting process for identifying persons participating in federally funded research and development or that have access to nonpublic federally funded information1 data1 research findings1 and research and development grant proposals4 7#c7 ,identifying or developing criteria1 in accordance with subsection 7c71 for sharing and receiving information with respect to ,federal research security risks in order to mitigate such risks with-- 7,a7 members of the ,united ,states research community2 and 7,b7 other persons participating in federally funded research and development4 7#d7 ,identifying an appropriate ,executive agency-- 7,a7 to accept and protect information submitted by ,executive agencies and non-,federal entities based on the processes established under paragraphs 7#a7 and 7#b72 and 7,b7 to facilitate the sharing of information received under subparagraph 7,a7 to support1 as necessary and appropriate-- 7i7 oversight of federally funded research and development2 7ii7 criminal and civil investigations of misappropriated ,federal funds1 resources1 and information2 and 7iii7 counterintelligence investigations4 7#e7 ,identifying1 as appropriate1 ,executive agencies to provide-- 7,a7 shared services1 such as support for conducting ,federal research security risk assessments1 activities to mitigate such risks1 and oversight and investigations with respect to grants awarded by ,executive agencies2 and 7,b7 common contract solutions to support enhanced information collection and sharing and the verification of the identities of persons participating in federally funded research and development4 7#f7 ,identifying and issuing guidance1 in accordance with subsection 7d7 and in coordination with the ,national ,insider ,threat ,task ,force established by ,executive ,order #acehg 7#ej ,u4,s4,c4 #cafa note7 for developing and implementing insider threat programs for ,executive agencies to deter1 detect1 and mitigate insider threats1 including the safeguarding of sensitive information from exploitation1 compromise1 or other unauthorized disclosure1 taking into account risk levels and the distinct needs1 missions1 and systems of each such agency4 7#g7 ,identifying and issuing guidance for developing compliance and oversight programs for ,executive agencies to ensure that research and development grant recipients accurately report conflicts of interest and conflicts of commitment in accordance with subsection 7b77#a74 ,such programs shall include an assessment of-- 7,a7 a grantee's support from foreign sources and affiliations with foreign funding institutions or laboratories2 and 7,b7 the impact of such support and affiliations on ,united ,states national security and economic interests4 7#h7 ,assessing and making recommendations with respect to whether openly sharing certain types of federally funded research and development is in the economic and national security interests of the ,united ,states4 7#i7 ,identifying and issuing guidance to the ,united ,states research community1 and other recipients of ,federal research and development funding1 to ensure that such institutions and recipients adopt existing best practices to reduce the risk of misappropriation of research data4 7#aj7 ,identifying and issuing guidance on additional steps that may be necessary to address ,federal research security risks arising in the course of ,executive agencies providing shared services and common contract solutions under paragraph 7#e77;,b74 7#aa7 ,engaging with the ,united ,states research community in performing the functions described in paragraphs 7#a71 7#b71 and 7#c7 and with respect to issues relating to ,federal research security risks4 7#ab7 ,carrying out such other functions1 as determined by the ,council1 that are necessary to reduce ,federal research security risks4 7b7 ,requirements for uniform grant application process ,in developing the uniform application process for ,federal research and development grants required under subsection 7a77#a71 the ,council shall-- 7#a7 ensure that the process-- 7,a7 requires principal investigators1 co-principal investigators1 and senior personnel associated with the proposed ,federal research or development grant project-- 7i7 to disclose biographical information1 all affiliations1 including any foreign military1 foreign government-related organizations1 and foreign-funded institutions1 and all current and pending support1 including from foreign institutions1 foreign governments1 or foreign laboratories1 and all support received from foreign sources2 and 7ii7 to certify the accuracy of the required disclosures under penalty of perjury2 and 7,b7 uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants2 7#b7 design the process-- 7,a7 to reduce the administrative burden on persons applying for ,federal research and development funding2 and 7,b7 to promote information sharing across the ,united ,states research community1 while safeguarding sensitive information2 and 7#c7 complete the process not later than #a year after the date of the enactment of the ,safeguarding ,american ,innovation ,act4 7c7 ,requirements for information sharing criteria ,in identifying or developing criteria and procedures for sharing information with respect to ,federal research security risks under subsection 7a77#c71 the ,council shall ensure that such criteria address1 at a minimum-- 7#a7 the information to be shared2 7#b7 the circumstances under which sharing is mandated or voluntary2 7#c7 the circumstances under which it is appropriate for an ,executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities of the agency under applicable laws relating to the award of grants2 7#d7 the procedures for protecting intellectual capital that may be present in such information2 and 7#e7 appropriate privacy protections for persons involved in ,federal research and development4 7d7 ,requirements for insider threat program guidance ,in identifying or developing guidance with respect to insider threat programs under subsection 7a77#f71 the ,council shall ensure that such guidance provides for1 at a minimum-- 7#a7 such programs-- 7,a7 to deter1 detect1 and mitigate insider threats2 and 7,b7 to leverage counterintelligence1 security1 information assurance1 and other relevant functions and resources to identify and counter insider threats2 and 7#b7 the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats1 including through-- 7,a7 monitoring user activity on computer networks controlled by ,executive agencies2 7,b7 providing employees of ,executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats2 7,c7 gathering information for a centralized analysis1 reporting1 and response capability2 and 7,d7 information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations2 7#c7 the development and implementation of policies and procedures under which the insider threat program of an ,executive agency accesses1 shares1 and integrates information and data derived from offices within the agency2 7#d7 the designation of senior officials with authority to provide management1 accountability1 and oversight of the insider threat program of an ,executive agency and to make resource recommendations to the appropriate officials2 and 7#e7 such additional guidance as is necessary to reflect the distinct needs1 missions1 and systems of each ,executive agency4 7e7 ,issuance of warnings relating to risks and vulnerabilities in international scientific cooperation 7#a7 ,in general ,the ,council1 in conjunction with the lead security advisor under section #gijb7;c77#d71 shall establish a process for informing members of the ,united ,states research community and the public1 through the issuance of warnings described in paragraph 7#b71 of potential risks and vulnerabilities in international scientific cooperation that may undermine the integrity and security of the ,united ,states research community or place at risk any federally funded research and development4 7#b7 ,content ,a warning described in this paragraph shall include1 to the extent the ,council considers appropriate1 a description of-- 7,a7 activities by the national government1 local governments1 research institutions1 or universities of a foreign country-- 7i7 to exploit1 interfere1 or undermine research and development by the ,united ,states research community2 or 7ii7 to misappropriate scientific knowledge resulting from federally funded research and development2 7,b7 efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk-- 7i7 the science and technology of that foreign country2 or 7ii7 federally funded research and development2 and 7,c7 practices within the research enterprise of a foreign country that do not adhere to the ,united ,states scientific values of openness1 transparency1 reciprocity1 integrity1 and merit-based competition4 7f7 ,program office and committees ,the interagency working group established under section #agdf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib7 shall be a working group under the ,council performing duties authorized under such section and as directed by the ,council4 ,the ,council shall use any findings or work product1 existing or forthcoming1 by such working group4 ,the ,council may also establish a program office and any committees1 working groups1 or other constituent bodies the ,council deems appropriate1 in its sole and unreviewable discretion1 to carry out its functions4 7g7 ,exclusion orders ,to reduce ,federal research security risk1 the ,interagency ,suspension and ,debarment ,committee shall provide quarterly reports to the ,council that detail-- 7#a7 the number of ongoing investigations by ,council ,members related to ,federal research security that may result1 or have resulted1 in agency pre-notice letters1 suspensions1 proposed debarments1 and debarments2 7#b7 ,federal agencies' performance and compliance with interagency suspensions and debarments2 7#c7 efforts by the ,interagency ,suspension and ,debarment ,committee to mitigate ,federal research security risk2 7#d7 proposals for developing a unified ,federal policy on suspensions and debarments2 and 7#e7 other current suspension and debarment related issues4 #gijd4 ,strategic plan 7a7 ,in general ,not later than #ahj days after the date of the enactment of this chapter1 the ,council shall develop a strategic plan for addressing ,federal research security risks and for managing such risks1 that includes-- 7#a7 the criteria and processes required under section #gijc7;a71 including a threshold and requirements for sharing relevant information about such risks with all ,executive agencies and1 as appropriate1 with other ,federal entities1 foreign governments1 and non-,federal entities2 7#b7 an identification of existing authorities for addressing such risks2 7#c7 an identification and promulgation of best practices and procedures1 and an identification of available resources1 for ,executive agencies to assess and mitigate such risks2 7#d7 recommendations for any legislative1 regulatory1 or other policy changes to improve efforts to address such risks2 7#e7 recommendations for any legislative1 regulatory1 or other policy changes to incentivize the adoption of best practices for avoiding and mitigating ,federal research security risks by the ,united ,states research community and key ,united ,states foreign research partners2 7#f7 an evaluation of the effect of implementing new policies or procedures on existing ,federal grant processes1 regulations1 and disclosures of conflicts of interest and conflicts of commitment2 7#g7 a plan for engaging with ,executive agencies1 the private sector1 and other nongovernmental stakeholders to address such risks and share information between ,executive agencies1 the private sector1 and nongovernmental stakeholders2 and 7#h7 a plan for identification1 assessment1 mitigation1 and vetting of ,federal research security risks4 7b7 ,submission to ,congress ,not later than #g calendar days after completion of the strategic plan required by subsection 7a71 the ,chairperson of the ,council shall submit the plan to the appropriate congressional committees4 #gije4 ,annual report ,not later than ,december #ae of each year1 the ,chairperson of the ,council shall submit a report to the appropriate congressional committees that describes-- 7#a7 the activities of the ,council during the preceding fiscal year2 and 7#b7 the progress made toward implementing the strategic plan required under section #gijd after such plan has been submitted to ,congress4 #gijf4 ,requirements for ,executive agencies 7a7 ,in general ,the head of each ,executive agency on the ,council shall be responsible for-- 7#a7 assessing ,federal research security risks posed by persons participating in federally funded research and development2 7#b7 avoiding or mitigating such risks1 as appropriate and consistent with the standards1 guidelines1 requirements1 and practices identified by the ,council under section #gijc7;a72 7#c7 prioritizing ,federal research security risk assessments conducted under paragraph 7#a7 based on the applicability and relevance of the research and development to the national security and economic competitiveness of the ,united ,states2 and 7#d7 ensuring that all agency initiatives impacting ,federally funded research grant making policy and management to protect the national and economic security interests of the ,united ,states are integrated with the activities of the ,council4 7b7 ,inclusions ,the responsibility of the head of an ,executive agency for assessing ,federal research security risk described in subsection 7a7 includes-- 7#a7 developing an overall ,federal research security risk management strategy and implementation plan and policies and processes to guide and govern ,federal research security risk management activities by the ,executive agency2 7#b7 integrating ,federal research security risk management practices throughout the lifecycle of the grant programs of the ,executive agency2 7#c7 sharing relevant information with other ,executive agencies1 as determined appropriate by the ,council in a manner consistent with section #gijc2 and 7#d7 reporting on the effectiveness of the ,federal research security risk management strategy of the ,executive agency consistent with guidance issued by the ,office of ,management and ,budget and the ,council4 4 7b7 ,clerical amendment ,the table of chapters at the beginning of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #gg the following new item3 #gi4 ,federal ,research ,security ,council#gija4 4 #d4 ,federal grant application fraud 7a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,federal grant application fraud 7a7 ,definitions ,in this section3 7#a7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#b7 ,federal grant ,the term ,federal grant-- 7,a7 means a grant awarded by a ,federal agency2 7,b7 includes a subgrant awarded by a non-,federal entity to carry out a ,federal grant program2 and 7,c7 does not include-- 7i7 direct ,united ,states ,government cash assistance to an individual2 7ii7 a subsidy2 7iii7 a loan2 7iv7 a loan guarantee2 or 7v7 insurance4 7#c7 ,federal grant application ,the term ,federal grant application means an application for a ,federal grant4 7#d7 ,foreign compensation ,the term foreign compensation means a title1 monetary compensation1 access to a laboratory or other resource1 or other benefit received from-- 7,a7 a foreign government2 7,b7 a foreign government institution2 or 7,c7 a foreign public enterprise4 7#e7 ,foreign government ,the term foreign government includes a person acting or purporting to act on behalf of-- 7,a7 a faction1 party1 department1 agency1 bureau1 subnational administrative entity1 or military of a foreign country2 or 7,b7 a foreign government or a person purporting to act as a foreign government1 regardless of whether the ,united ,states recognizes the government4 7#f7 ,foreign government institution ,the term foreign government institution means a foreign entity owned by1 subject to the control of1 or subject to regulation by a foreign government4 7#g7 ,foreign public enterprise ,the term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence4 7#h7 ,law enforcement agency ,the term law enforcement agency-- 7,a7 means a ,federal1 ,state1 local1 or ,tribal law enforcement agency2 and 7,b7 includes-- 7i7 the ,office of ,inspector ,general of an establishment 7as defined in section #ab of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app477 or a designated ,federal entity 7as defined in section #h;,g7a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app4772 and 7ii7 the ,office of ,inspector ,general1 or similar office1 of a ,state or unit of local government4 7#i7 ,outside compensation ,the term outside compensation means any compensation1 resource1 or support regardless of monetary value made available to the applicant in support of or related to any research endeavor1 including1 but not limited to1 a title1 research grant1 cooperative agreement1 contract1 institutional award1 access to a laboratory1 or other resource1 including1 but not limited to1 materials1 travel compensation1 or work incentives4 7b7 ,prohibition ,it shall be unlawful for any individual to knowingly-- 7#a7 prepare or submit a ,federal grant application that fails to disclose the receipt of any outside compensation1 including foreign compensation1 by the individual2 7#b7 forge1 counterfeit1 or otherwise falsify a document for the purpose of obtaining a ,federal grant2 or 7#c7 prepare1 submit1 or assist in the preparation or submission of a ,federal grant application or document in connection with a ,federal grant application that-- 7,a7 contains a false statement2 7,b7 contains a material misrepresentation2 7,c7 has no basis in law or fact2 or 7,d7 fails to disclose a material fact4 7c7 ,exception ,subsection 7b7 does not apply to an activity-- 7#a7 carried out in connection with a lawfully authorized investigative1 protective1 or intelligence activity of-- 7,a7 a law enforcement agency2 or 7,b7 a ,federal intelligence agency2 or 7#b7 authorized under chapter #bbd4 7d7 ,penalty ,any individual who violates subsection 7b7-- 7#a7 shall be fined in accordance with this title1 imprisoned for not more than #e years1 or both2 and 7#b7 shall be prohibited from receiving a ,federal grant during the #e-year period beginning on the date on which a sentence is imposed on the individual under paragraph 7#a74 4 7b7 ,clerical amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,federal grant application fraud4 4 #e4 ,restricting the acquisition of goods1 technologies1 and sensitive information to certain aliens 7a7 ,grounds of inadmissibility ,section #bab7;a77#c77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,a77i77 is amended to read as follows3 7i7 any activity-- 7,i7 to violate any law of the ,united ,states relating to espionage or sabotage2 7,,ii7 to violate or evade any law prohibiting the export from the ,united ,states of goods1 technologies1 or sensitive information2 or 7,,iii7 to acquire export-controlled goods1 technologies1 or sensitive information 7notwithstanding any exclusions for items not normally subject to export controls7 if the ,secretary of ,state has determined that the acquisition of those goods1 technologies1 or sensitive information by a category of aliens that includes such alien would be contrary to an articulable national security 7including economic security7 interest of the ,united ,states2 4 7b7 ,determining factors 7#a7 ,in general ,in establishing criteria for determining whether an alien is included in a category of aliens that may be inadmissible under section #bab7;a77#c77;,a77i77,,iii7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 officials of the ,department of ,state shall-- 7,a7 seek advice and assistance from officials at the ,office of the ,director of ,national ,intelligence1 the ,office of ,science and ,technology ,policy1 the ,department of ,health and ,human ,services1 the ,department of ,defense1 the ,department of ,homeland ,security1 the ,department of ,energy1 the ,department of ,commerce1 and other appropriate ,federal agencies2 7,b7 consider factors such as the alien's past or likely employment or cooperation with-- 7i7 foreign military and security related organizations that are adversarial to the ,united ,states2 7ii7 foreign institutions involved in the theft of ,united ,states research2 7iii7 entities involved in export control violations or the theft of intellectual property2 and 7iv7 a government that seeks to undermine the integrity and security of the ,united ,states research community2 and 7,c7 weigh the proportionality of risk for the factors listed in subparagraph 7,b74 7#b7 ,machine-readable documents ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,state shall-- 7,a7 use a machine-readable visa application form2 and 7,b7 make available documents submitted in support of a visa application in a machine readable format to assist in-- 7i7 identifying fraud2 7ii7 conducting lawful law enforcement activities2 and 7iii7 determining the eligibility of applicants for a visa under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7c7 ,reporting requirement ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 in coordination with the ,director of ,national ,intelligence1 the ,director of the ,office of ,science and ,technology ,policy1 the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 the ,secretary of ,energy1 the ,secretary of ,commerce1 and the heads of other appropriate ,federal agencies1 shall submit a report to ,congress that identifies-- 7#a7 the criteria used to describe the category of aliens to which such section #bab7;a77#c77;,a77i77,,iii7 may apply2 and 7#b7 the number of individuals determined to be inadmissible under such section #bab7;a77#c77;,a77i77,,iii71 including the nationality of each such individual4 7d7 ,classification of annual report ,each annual report required under subsection 7c7 shall be submitted1 to the extent practicable1 in an unclassified form1 but may be accompanied by a classified appendix detailing the criteria used to describe the category of aliens to which such section #bab7;a77#c77;,a77i77,,iii7 applies if the ,secretary of ,state determines that such action-- 7#a7 is in the national security and economic security interests of the ,united ,states2 or 7#b7 is necessary to further the purposes of this ,act4 7e7 ,report ,not later than #de days after date of the enactment of this ,act1 the ,secretary of ,state shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,select ,committee on ,intelligence of the ,senate1 the ,committee on ,foreign ,relations of the ,senate2 the ,committee on ,oversight and ,reform of the ,house of ,representatives1 the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives that-- 7#a7 describes how supplementary documents provided by a visa applicant in support of a visa application are stored and shared by the ,department of ,state with authorized ,federal agencies2 7#b7 identifies the sections of a visa application that are machine-readable and the sections that are not machine-readable2 7#c7 provides cost estimates1 including personnel costs and a cost-benefit analysis for adopting different technologies1 including optical character recognition1 for-- 7,a7 making every element of a visa application1 and documents submitted in support of a visa application1 machine-readable2 and 7,b7 ensuring that such system-- 7i7 protects personally-identifiable information2 and 7ii7 permits the sharing of visa information with ,federal agencies in accordance with existing law2 and 7#d7 includes an estimated timeline for completing the implementation of subsection 7b77#b74 #f4 ,limitations on educational and cultural exchange programs ,section #ajb7;b77#e7 of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdeb7;b77#e77 is amended by striking the semicolon at the end and inserting the following3 8by developing exchange programs for foreign researchers and scientists1 while protecting technologies regulated by export control laws important to the national security and economic interests of the ,united ,states1 including requiring sponsors-- 7,a7 to disclose to the ,department of ,state whether an exchange visitor1 as a primary part of his or her exchange program1 will have released to them controlled technology or technical data regulated by export control laws at sponsor organizations through research activities1 lectures1 course work1 sponsor employees1 officers1 agents1 third parties at which the sponsor places the exchange visitor1 volunteers1 or other individuals or entities associated with a sponsor's administration of the exchange visitor program2 7,b7 to provide a plan to the ,department of ,state that establishes appropriate program safeguards to prevent the unauthorized release of controlled technology or technical data regulated by export control laws at sponsor organizations or through their employees1 officers1 agents1 third parties1 volunteers1 or other individuals or entities associated with a sponsor's administration of the exchange visitor program2 and 7,c7 to demonstrate1 to the satisfaction of the ,secretary of ,state1 that programs that will release controlled technology or technical data to an exchange visitor at the sponsor organization through exchange visitor programs have received appropriate authorization from the ,department of ,state1 the ,department of ,commerce1 other cognizant ,federal agency before the sponsor releases controlled technology or technical data2 4 #g4 ,amendments to disclosures of foreign gifts ,section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,disclosure report 7#a7 ,in general ,an institution shall file a disclosure report with the ,secretary not later than ,march #ca occurring after-- 7,a7 the calendar year in which a foreign source gains ownership of1 or control over1 the institution2 or 7,b7 the calendar year in which the institution receives a gift from1 or enters into a contract with1 a foreign source1 the value of which is #ej1jjj or more1 considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year4 7#b7 ,revisions2 updates ,the ,secretary shall permit institutions to revise and update disclosure reports previously filed to ensure accuracy1 compliance1 and the ability to cure4 2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,contents of report ,each report to the ,secretary required by this section shall contain the following3 7#a7 ,for gifts received from or contracts entered into with a foreign source other than a foreign government1 the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source4 ,the country to which a gift is attributable is the country of citizenship1 or if unknown1 the principal residence for a foreign source who is a natural person1 and the country of incorporation1 or if unknown1 the principal place of business1 for a foreign source which is a legal entity4 7#b7 ,for gifts received from or contracts entered into with a foreign government1 the aggregate amount of such gifts and contracts received from each foreign government4 7#c7 ,in the case of an institution which is owned or controlled by a foreign source1 the identity of the foreign source1 the date on which the foreign source assumed ownership or control1 and any changes in program or structure resulting from the change in ownership or control4 7#d7 ,an assurance that the institution will maintain true copies of gift and contract agreements subject to the disclosure requirements under this section for at least the duration of the agreement4 7#e7 ,an assurance that the institution will produce true copies of gift and contract agreements subject to the disclosure requirements under this section upon request of the ,secretary during a compliance audit or other institutional investigation4 2 7#c7 by amending subsection 7e7 to read as follows3 7e7 ,public inspection ,not later than #cj days after receiving a disclosure report under this section1 the ,secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared4 2 7#d7 in subsection 7f71 by adding at the end the following3 7#c7 ,fines 7,a7 ,in general ,the ,secretary may impose a fine on any institution that repeatedly fails to file a disclosure report for a receipt of a gift from or contract with a foreign source in accordance with subsection 7a7 in an amount that is not more than #c times the amount of the gift or contract with the foreign source4 7,b7 ,definition of repeatedly fails ,in this paragraph1 the term repeatedly fails means that the institution failed to file a disclosure report for a receipt of a gift from or contract with a foreign source in #c consecutive years4 2 7#e7 by amending subsection 7g7 to read as follows3 7g7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of the ,safeguarding ,american ,innovation ,act1 the ,secretary shall issue regulations to carry out this section using the negotiated rulemaking procedure set forth in section #dib7;b74 7#b7 ,elements ,regulations issued pursuant to paragraph 7#a7 shall-- 7,a7 incorporate instructions for-- 7i7 reporting structured gifts and contracts2 and 7ii7 reporting contracts that balances the need for transparency1 while protecting the proprietary information of institutes of higher education2 and 7,b7 clarify the definition of subunit1 for purposes of subsection 7i77#d77;,c74 2 7#f7 by redesignating subsection 7h7 as subsection 7i72 7#g7 by inserting after subsection 7g7 the following3 7h7 ,treatment of tuition payment ,a tuition and related fees and expenses payment to an institution by1 or a scholarship from1 a foreign source made on behalf of a student enrolled at such institution shall not be considered a gift from or contract with a foreign source under this section4 2 and 7#h7 in subsection 7i71 as redesignated-- 7,a7 in paragraph 7#c71 by striking or property and inserting 1 property1 human resources1 or staff1 including staff salaries2 and 7,b7 in paragraph 7#e77;,b71 by inserting institutes1 instructional programs1 after centers14 ,december #ad1 #bjbj,reported with an amendment