[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4667 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4667
To amend title 31, United States Code, to establish the Life Sciences
Research Security Board, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2024
Mr. Paul introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to establish the Life Sciences
Research Security Board, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Risky Research Review Act''.
SEC. 2. LIFE SCIENCES RESEARCH SECURITY BOARD.
(a) In General.--Subtitle V of title 31, United States Code, is
amended by adding at the end the following:
``CHAPTER 79--LIFE SCIENCES RESEARCH SECURITY BOARD
``Sec. 7901. Definitions
``In this chapter:
``(1) Agency.--The term `agency' has the meaning given the
term in section 552(f) of title 5.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives.
``(3) Board.--The term `Board' means the Life Sciences
Research Security Board established under section 7902(a).
``(4) Dual use.--The term `dual use', with respect to
research, means research that, based on current understanding
as of the date of research, can be reasonably anticipated to
provide knowledge, information, products, or technologies that
could directly or with only minor modification be misapplied to
pose a significant threat with broad potential consequences to
public health and safety, agricultural crops or other plants,
animals, materiel, or national security.
``(5) Employee.--
``(A) In general.--The term `employee'--
``(i) means an employee of an agency; and
``(ii) includes an individual, other than
an employee of an agency, working under a
contract with an agency.
``(B) Rule of construction.--With respect to an
individual described in subparagraph (A)(ii), solely
for the purposes of this chapter, the agency that has
entered into the contract under which the employee is
working shall be construed to be the agency employing
the employee.
``(6) Federal funding.--The term `Federal funding'--
``(A) means amounts awarded by an agency pursuant
to a grant, cooperative agreement, interagency
agreement, contract, or other instrument; and
``(B) includes--
``(i) an in-kind contribution by an agency
used for life sciences research purposes; and
``(ii) research conducted by an agency to
which funds were appropriated for conducting
research.
``(7) Gain of function research.--The term `gain of
function research' means research that has the potential to
enhance the transmissibility or virulence of a potential
pandemic pathogen.
``(8) High-risk life sciences research.--The term `high-
risk life sciences research'--
``(A) means life sciences research that--
``(i) has a potential dual use nature; or
``(ii) could pose a threat to public
health, safety, or national security; and
``(B) includes--
``(i) gain of function research;
``(ii) research involving a potential
pandemic pathogen, including genetic
modification of a potential pandemic pathogen
and the synthetic creation of a potential
pandemic pathogen; and
``(iii) an activity involving the
collection or surveillance of a potential
pandemic pathogen.
``(9) Life sciences research.--The term `life sciences
research' means research in agricultural biotechnology,
biogenerics, bioinformatics, biomedical engineering,
biopharmaceuticals, academic medical centers, biotechnology,
chemical synthesis, chemistry technology, medical diagnostics,
genomics, medical image analysis, marine biology, medical
devices, medical nanotechnology, natural product
pharmaceuticals proteomics, regenerative medicine, RNA
interference, stem cell research, medical and neurological
clinical trials, health robotics, and veterinary science.
``(10) Potential pandemic pathogen.--The term `potential
pandemic pathogen'--
``(A) means a virus, natural or synthetic,
bacteria, fungus, prion, or eukaryotic parasite, or any
strain or variant of a virus, bacterium, fungus, prion,
or eukaryotic parasite--
``(i) that--
``(I) is reasonably anticipated to
be moderately or highly transmissible
and likely capable of wide and
uncontrollable spread in human
populations; and
``(II) is described in clause (ii)
or (iii); and
``(ii) reasonably anticipated to be of low,
moderate, or high virulence and likely to cause
significant morbidity or mortality in humans;
or
``(iii) reasonably anticipated to pose a
severe threat to public health, the capacity of
public health systems to function, or national
security if allowed to spread within the
general population; and
``(B) includes--
``(i) subject to subparagraph (C),
influenza viruses;
``(ii) sarbecoviruses;
``(iii) merbecoviruses;
``(iv) henipaviruses, including Nipah
virus;
``(v) filoviruses;
``(vi) arenaviruses;
``(vii) orthopoxviruses;
``(viii) Yersinia pestis;
``(ix) any synthetic construct of such
viruses; and
``(x) a select agent or toxin, work with
which poses a significant risk of deliberate
misuse; and
``(C) does not include seasonal influenza viruses,
unless such viruses have been manipulated to include
genetic sequences from a potential pandemic pathogen.
``(11) Select agent or toxin.--The term `select agent or
toxin' means an agent or toxin identified under--
``(A) section 73.3(b) of title 42, Code of Federal
Regulations, as in effect on the date of enactment of
the Risky Research Review Act;
``(B) section 331.3(b) of title 7, Code of Federal
Regulations, as in effect on the date of enactment of
the Risky Research Review Act; or
``(C) section 121.3(b) of title 9, Code of Federal
Regulations, as in effect on the date of enactment of
the Risky Research Review Act.
``Sec. 7902. Establishment and membership
``(a) Establishment.--There is established as an independent agency
within the Executive Branch a board to be known as the `Life Sciences
Research Security Board' to review proposed Federal funding for life
sciences research in accordance with section 7906.
``(b) Appointment of Members.--
``(1) In general.--The President, by and with the advice
and consent of the Senate, shall appoint, without regard to
political affiliation, 9 individuals who are citizens of the
United States to serve as members of the Board for not more
than 2 terms of 4 years each, including--
``(A) the Executive Director appointed under
section 7903(a);
``(B) 5 nongovernmental scientists in a life
sciences field; and
``(C) 2 nongovernmental national security experts.
``(2) Period for nominations.--The President shall make
nominations to the Board not later than 30 days after the date
of enactment of this chapter. If the Senate votes not to
confirm a nomination to the Board, the President shall make an
additional nomination not later than 10 days after such vote by
the Senate.
``(3) Considerations of recommendations.--The President
shall make nominations to the Board after considering
individuals recommended by the Chair and Ranking Member of the
appropriate congressional committees.
``(4) Qualifications.--Individuals nominated to the Board--
``(A) shall--
``(i) be impartial individuals; and
``(ii) be distinguished individuals of high
national professional reputation in their
respective fields who are capable of exercising
the independent and objective judgment
necessary to conduct an impartial assessment of
the potential risks and benefits associated
with Federal funding of life sciences research
to public health and national security; and
``(B) may not be an employee of the Federal
Government on the date of the appointment or during the
3-year period preceding the date of the appointment.
``(5) Limitations.--Not more than 4 concurrent members of
the Board may be employed by, a subcontractor of, a previous
employee of, or a previous subcontractor of--
``(A) the Department of Defense;
``(B) the Department of Homeland Security;
``(C) the National Institute of Allergy and
Infectious Diseases of the Department of Health and
Human Services;
``(D) the Office of the Director of National
Intelligence; or
``(E) the Department of Energy.
``(6) Consideration by the senate.--
``(A) In general.--Nominations for appointment to
the Board shall be referred to the Committee on
Homeland Security and Governmental Affairs of the
Senate for consideration.
``(B) Renomination.--A member of the Board who is
recommended to serve a second term shall be nominated
for appointment to the Board, and such nomination shall
be referred pursuant to subparagraph (A).
``(7) Vacancy.--Not later than 30 days after the date on
which a vacancy on the Board occurs, the vacancy shall be
filled in the same manner as specified for the original
appointment.
``(8) Removal.--
``(A) In general.--No member of the Board shall be
removed from office, other than by--
``(i) impeachment and conviction;
``(ii) the action of the President for
inefficiency, neglect of duty, malfeasance in
office, physical disability, mental incapacity,
or any other condition that substantially
impairs the performance of the member's duties;
or
``(iii) the Board in accordance with
subparagraph (B).
``(B) Action by board.--If the Director of the
Office of Government Ethics determines that
participation by a member of the Board in high-risk
life sciences research constitutes a conflict of
interest, the Board shall take steps to mitigate or
manage the conflict, which may include removal.
``(C) Notice of removal by president.--
``(i) In general.--In the case of the
removal of a member of the Board by the
President as described in subparagraph (A)(ii),
not later than 10 days after the removal, the
President shall submit to the Chair and Ranking
Members of the appropriate congressional
committees a report specifying the facts found
and the grounds for removal.
``(ii) Publication of report.--The
President shall publish in the Federal Register
each report submitted under clause (i), except
that the President may, if necessary to protect
the rights of a person named in the report or
to prevent undue interference with any pending
prosecution, postpone or refrain from publicly
publishing any or all of the report until the
completion of such pending cases or pursuant to
privacy protection requirements in law.
``(c) Mandatory Conflicts of Interest Review.--
``(1) In general.--The Director of the Office of Government
Ethics shall--
``(A) not later than 180 days after the date of the
enactment of this chapter, and upon an appointment of a
member to the Board under subsection (a)(1) thereafter,
conduct a review of each individual nominated and
appointed to the Board to ensure such individual does
not have any conflict of interest; and
``(B) periodically thereafter, conduct a review of
each individual nominated and appointed to the Board to
ensure the individual does not have any conflict of
interest during the term of service of the individual.
``(2) Notification.--
``(A) In general.--Not later than 3 days after the
date on which the Director of the Office of Government
Ethics becomes aware that a member of the Board
possesses a potential conflict of interest to the
mission of the Board, the Director shall notify the
Chair and Ranking Members of the appropriate
congressional committees of the potential conflict of
interest.
``(B) Notification by member.--Not later than 30
days after the date on which a member of the Board
becomes aware that another member of the Board
possesses a potential conflict of interest to the
mission of the Board, the member of the Board or the
Executive Director of the Board shall notify the Chair
and Ranking Members of the appropriate congressional
committees of the potential conflict of interest.
``(d) Security Clearances.--All members of the Board shall be
granted all the necessary security clearances and accesses, including
to relevant Presidential and department or agency special access and
compartmented access programs, in an accelerated manner subject to the
standard procedures for granting such clearances. All nominees for
appointment to the Board shall qualify for the necessary security
clearances and accesses prior to being considered for confirmation by
the Committee on Homeland Security and Governmental Affairs of the
Senate.
``(e) Participation in High-Risk Life Sciences Research.--
``(1) Disclosure required.--A member of the Board shall
disclose whether the member has participated in or is currently
participating in high-risk life sciences research.
``(2) Conflicts of interest.--
``(A) In general.--The participation in high-risk
life sciences research by a member of the Board--
``(i) shall be considered a potential
conflict of interest; and
``(ii) shall be subject to scrutiny by the
Director of the Office of Government Ethics.
``(B) Determination.--If the Director of the Office
of Government Ethics determines that participation by a
member of the Board in high-risk life sciences research
constitutes a conflict of interest, the Board shall
take steps to mitigate or manage the conflict, which
may include--
``(i) the recusal of the affected member
from relevant discussions and determinations;
and
``(ii) removal of the affected member from
the Board.
``(f) Compensation of Members.--
``(1) In general.--Subject to such rules as may be adopted
by the Board, without regard to the provisions of title 5
governing appointments in the competitive service and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, a member of the Board, other than the
Executive Director, shall be compensated at a rate--
``(A) proposed by the Executive Director and
approved by the Board;
``(B) not to exceed the rate of basic pay for level
II of the Executive Schedule; and
``(C) that is commensurate with--
``(i) the time a member of the Board spends
engaged in the performance of duties on the
Board; and
``(ii) necessary traveling expenses.
``(2) Outside employment.--Subject to terms and approval
determined by the Director of the Office of Government Ethics,
a member of the Board may maintain outside employment and
affiliations while serving on the Board.
``(g) Oversight.--
``(1) Senate.--The Committee on Homeland Security and
Governmental Affairs of the Senate shall--
``(A) have continuing legislative oversight
jurisdiction in the Senate with respect to the official
conduct of the Board and agency compliance with
requirements issued by the Board; and
``(B) have access to any records provided to or
created by the Board.
``(2) House of representatives.--The Committee on Oversight
and Accountability of the House of Representatives shall--
``(A) have continuing legislative oversight
jurisdiction in the House of Representatives with
respect to the official conduct of the Board and agency
compliance with requirements issued by the Board; and
``(B) have access to any records provided to or
created by the Board.
``(3) Duty to cooperate.--The Board shall have the duty to
cooperate with the exercise of oversight jurisdiction described
in this subsection.
``(4) Security clearances.--The Chair and Ranking Members
of the appropriate congressional committees, and designated
committee staff, shall be granted all security clearances and
accesses held by the Board, including to relevant Presidential
and department or agency special access and compartmented
access programs.
``(h) Office Space.--In selecting office space for the Board, the
Board shall exhaust options for unused office spaces owned by the
Federal Government as of the date of enactment of this chapter.
``Sec. 7903. Board personnel
``(a) Executive Director.--
``(1) Appointment.--Not later than 45 days after the date
of the enactment of this chapter, the President shall appoint 1
individual who is a citizen of the United States, without
regard to political affiliation, to the position of Executive
Director of the Board for a term of 4 years.
``(2) Qualifications.--The individual appointed as
Executive Director under paragraph (1) shall be a private
individual of integrity and impartiality who--
``(A) is a distinguished scientist in a life
sciences field; and
``(B) is not, and has not been for the 3-year
period preceding the date of the appointment--
``(i) an employee of the Federal
Government; or
``(ii) a participant in high-risk life
sciences research supported by Federal funding.
``(3) Security clearances.--
``(A) In general.--A candidate for Executive
Director shall be granted all security clearances and
accesses held by the Board, including to relevant
Presidential and department or agency special access
and compartmented access programs in an accelerated
manner, subject to the standard procedures for granting
such clearances.
``(B) Qualification prior to appointment.--The
President shall ensure that a candidate for Executive
Director qualifies for the security clearances and
accesses described in subparagraph (A) prior to
appointment.
``(4) Functions.--The Executive Director shall--
``(A) serve as principal liaison to Congress and
agencies;
``(B) serve as Chair of the Board;
``(C) be responsible for the administration and
coordination of the responsibilities of the Board; and
``(D) be responsible for the administration of all
official activities conducted by the Board.
``(5) Removal.--Notwithstanding section 7902(b)(8), the
Executive Director shall not be removed for reasons other than
for cause on the grounds of inefficiency, neglect of duty,
malfeasance in office, physical disability, mental incapacity,
or any other condition that substantially impairs the
performance of the responsibilities of the Executive Director
or the staff of the Board.
``(6) Terms.--An Executive Director shall not serve more
than 2 terms.
``(b) Staff.--
``(1) In general.--The Board, without regard to the civil
service laws, may appoint additional personnel as necessary to
enable the Board and the Executive Director to perform the
duties of the Board.
``(2) Qualifications.--Each individual appointed to the
staff of the Board--
``(A) shall be a citizen of the United States of
integrity and impartiality;
``(B) shall have expertise in the life sciences
field or the national security field; and
``(C) may not be a participant in any federally
funded research activity on the date of the appointment
or during the course of service of the individual on
the Board.
``(3) Security clearances.--
``(A) In general.--A candidate for appointment to
the staff of the Board shall be granted all security
clearances and accesses held by the Board, including to
relevant Presidential and department or agency special
access and compartmented access programs, in an
accelerated manner, subject to the standard procedures
for granting such clearances.
``(B) Conditional employment.--
``(i) In general.--The Board may offer
conditional employment to a candidate for a
staff position of the Board pending the
completion of security clearance background
investigations. During the pendency of such
investigations, the Board shall ensure that any
such employee does not have access to, or
responsibility involving, classified or
otherwise restricted materials.
``(ii) Unqualified staff.--If an individual
hired on a conditional basis under clause (i)
is denied or otherwise does not qualify for all
security clearances necessary to carry out the
responsibilities of the position for which
conditional employment has been offered, the
Board shall immediately terminate the
individual's employment.
``(4) Support from agencies.--
``(A) In general.--The head of each agency shall
designate not less than 1 full-time employee of the
agency as the representative of the agency to--
``(i) provide technical assistance to the
Board; and
``(ii) support the review process of the
Board with respect to the agency under section
7906 in a non-voting staff capacity.
``(B) Prohibition.--A representative designated
under subparagraph (A) and any employee of an agency
may not directly or indirectly influence in any
capacity a determination by the Board under section
7906 with respect to life sciences research funded by
the agency.
``(c) Compensation.--Subject to such rules as may be adopted by the
Board, without regard to the provisions of title 5 governing
appointments in the competitive service and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, the
Executive Director shall--
``(1) be compensated at a rate not to exceed the rate of
basic pay for level II of the Executive Schedule;
``(2) serve the entire tenure as Executive Director as one
full-time employee; and
``(3) appoint and fix the compensation of such other
personnel as may be necessary to carry out this chapter.
``Sec. 7904. Board mission and functions
``(a) Mission.--The mission of the Board shall be to issue an
independent determination as to whether an agency may award Federal
funding for proposed life sciences research, which shall be binding
upon the agency.
``(b) Powers.--The Board shall have the authority to act in a
manner to carry out the mission described in subsection (a), including
authority to--
``(1) prescribe regulations to carry out the
responsibilities of the Board;
``(2) establish a process for the review of Federal funding
for life sciences research prior to the award of the Federal
funding, which shall be binding upon an agency, including
information designated as classified or otherwise protected
from disclosure;
``(3) direct an agency to make available to the Board
additional information and records, including information
designated as classified or otherwise protected from
disclosure, that the Board determines are required to fulfill
the functions and responsibilities Board under this chapter;
``(4) review any classified research conducted or funded by
any agency to determine whether the research would be
considered high-risk life sciences research;
``(5) through the promulgation of regulations, establish
processes, policies, and procedures of the Board for rendering
decisions under this chapter; and
``(6) by majority vote, add an agent or toxin to the
definition of `agent or toxin' under section 7901.
``(c) Initial Requirements.--The Board shall--
``(1) not later than 90 days after the date of appointment
of the initial members of the Board under section 7902, publish
procedures in the Federal Register establishing the process for
the review by the Board under section 7906 ;
``(2) prior to the establishment of the procedures under
paragraph (1), consult with the appropriate congressional
committees and heads of agencies for purposes of developing
such procedures; and
``(3) not later than 180 days after the date of the
enactment of this chapter, begin carrying out the duties
described in section 7906.
``(d) Responsiveness to Congress.--Notwithstanding any other
provision of law, not later than 30 days after the date on which the
Board receives a request for information from a Member of Congress, the
Board shall respond to the request.
``(e) Congressional Briefings.--Not less frequently than quarterly,
the Board shall brief the appropriate congressional committees on the
work of the Board.
``Sec. 7905. Agency procedures; referral to Board
``(a) In General.--Beginning 180 days after the date of enactment
of this chapter, the head of an agency--
``(1) may not award Federal funding for high-risk life
sciences research without approval by the Board under section
7906(a)(1)(B); and
``(2) may not award Federal funding for life sciences
research disapproved of by the Board under section
7906(a)(2)(A)(i)(II).
``(b) High-Risk Attestation; Select Agent or Toxin Disclosure;
Certification.--
``(1) In general.--An entity seeking Federal funding from
an agency for life sciences research shall, under the penalty
of perjury--
``(A) attest whether--
``(i) the life sciences research will
constitute high-risk life sciences research;
and
``(ii) the entity is performing active
research with a select agent or toxin; and
``(B) if the entity is makes a positive attestation
under subparagraph (A), disclose the source of funding
for all active research.
``(2) Active research with select agents or toxins.--
``(A) In general.--The head of an agency that
receives a disclosure from an entity under paragraph
(1)(B) shall submit to the Board the disclosure.
``(B) Board inquiries.--The Board may contact an
entity that submits a disclosure under paragraph (1)(B)
to request additional information relating to the
disclosure.
``(3) Agency certification.--
``(A) Positive attestations.--The head of an agency
making an award of Federal funding to an entity that
makes a positive attestation under paragraph (1)(A)(i)
shall--
``(i) submit to the Board the high-risk
life sciences proposal; and
``(ii) using the process established by the
head of the agency under paragraph (4), certify
the validity of the attestation.
``(B) Negative attestations.--The head of an agency
making an award of Federal funding to an entity that
makes a negative attestation under paragraph (1)(A)(i)
shall--
``(i) review the attestation; and
``(ii) using the process established by the
head of the agency under paragraph (4), certify
the validity of the attestation.
``(4) Process for review.--The head of each agency that
awards Federal funding for life sciences research, in
consultation with the Board, shall establish and implement a
process for identifying proposals from entities seeking Federal
funding for life sciences research from the agency that will
constitute high-risk life sciences research.
``(5) Maintenance of records.--The head of each agency
shall--
``(A) maintain records of the certification process
described in paragraph (3)(B) for each application for
Federal funding; and
``(B) make the records maintained under
subparagraph (A) available for audit and review upon
request by the Board.
``(c) Notification.--
``(1) In general.--Not later than 30 days before the date
on which the head of an agency plans to award Federal funding
to an entity for life sciences research, the head of the agency
shall submit to the Board a notification of the proposed
Federal funding for review under section 7906(a).
``(2) Contents.--The notification of Federal funding for
life sciences research required under paragraph (1) shall
include the attestation and certification required under
subsection (b).
``(d) Agency Procedures.--Not later than 180 days after the date on
which the Board publishes the process of the Board in the Federal
Register pursuant to section 7904(c), the head of each agency shall
publish on the website of the agency prepayment and preaward procedures
of the agency with respect to Federal funding for life sciences
research to--
``(1) guarantee that--
``(A) all life science research proposals are
referred to the Board before the award of Federal
funding by the agency; and
``(B) no Federal funding for high-risk life
sciences research is awarded by the agency without
approval by the Board; and
``(2) otherwise ensure compliance with this chapter.
``(e) Provision of Additional Information.--Upon request by the
Board, the head of an agency shall provide any information relating to
Federal funding awards for life sciences research determined necessary
by the Board to provide oversight of the agency.
``(f) Change in Circumstances During Research.--If, during the
course of life sciences research in progress performed by an entity
supported by Federal funding from an agency, circumstances arise such
that the life sciences research in progress may constitute high-risk
life sciences research in contravention to the attestation of the
entity under subsection (b)(1)(A)(i)--
``(1) the entity shall--
``(A) pause the life sciences research in progress;
and
``(B) notify the head of the agency of the
possibility that the life sciences research in progress
may constitute high-risk life sciences research; and
``(2) the head of the agency shall--
``(A) using the process of the agency established
under subsection (b)(4), determine whether the life
sciences research in progress constitutes high-risk
life sciences research;
``(B) if the head of the agency makes a negative
determination under subparagraph (A), inform the entity
that the entity may resume the life sciences research
in progress; and
``(C) if the head of the agency makes a positive
determination under subparagraph (A), immediately
submit to the Board a notification of the Federal
funding of high-risk life sciences research in progress
for review under section 7906(a)(1).
``(g) Enforcement.--
``(1) Applicant requirements.--If an entity seeking or
receiving Federal funding from an agency fails to make a true
attestation under subsection (b)(1) or promptly notify the
agency of changes described in subsection (f), the inspector
general of the agency may permanently disqualify the entity
from receiving any Federal funding.
``(2) Referral to attorney general.--The Board shall refer
any official of an agency responsible for overseeing and
reviewing research proposals relating to Federal funding that
fails to comply with subsection (b)(3) to the inspector general
of the agency.
``(3) Employee discipline.--
``(A) In general.--Notwithstanding any provision of
title 5, and subject to subparagraph (B), the head of
an agency employing an employee who violates any
provision of subsection (b)(3) (or, in the case of the
head of an agency who violates any provision of
subsection (b)(3), the President) shall impose on that
employee--
``(i) disciplinary action consisting of
removal, reduction in grade, suspension, or
debarment from employment with the United
States;
``(ii) a civil penalty in an amount that is
not less than $10,000;
``(iii) ineligibility for any annuity under
chapter 83 or 84 of title 5; and
``(iv) permanent revocation of any
applicable security clearance held by the
employee.
``(B) Specific contractor discipline.--In the case
of an individual described in section 7901(5) working
under a contract with an agency who violates any
provision of subsection (b)(2), in addition to any
discipline that may be applicable under subparagraph
(A) of this paragraph, that individual shall be barred
from working under any contract with the Federal
Government.
``(C) Employee discipline reports.--
``(i) In general.--Not later than 360 days
after the date of enactment of this Act, and
not less frequently than once every 90 days
thereafter, the head of each agency shall
submit to the Board and the appropriate
congressional committees a report that
discloses, for the period covered by the
report, each violation by an employee of the
agency of subsection (b)(3).
``(ii) Contents.--Each report submitted
under clause (i) shall include, with respect to
a violation described in that clause--
``(I) the name and professional
title of each employee engaged in the
violation;
``(II) a detailed explanation of
the nature of the violation; and
``(III) the date of the violation.
``(iii) Publication.--Not later than 5 days
after the date on which the Board receives a
report under clause (i), the Board shall--
``(I) collect the report and assign
the report a unique tracking number;
and
``(II) publish on a publicly
accessible and searchable website the
contents of the report and the tracking
number for the report.
``(h) Subaward and Subcontractor Disclosure.--
``(1) In general.--During the course of life sciences
research in progress performed by an entity supported by
Federal funding from an agency, the entity shall continuously
disclose to the head of the agency any subcontracts or
subawards made with the Federal funding.
``(2) Agency submission.--Not later than 30 days after the
date on which the head of an agency receives a disclosure under
paragraph (1), the head of the agency shall submit to the Board
the disclosure.
``(3) Board inquiries.--
``(A) In general.--The Board may contact an entity
that submits a disclosure under paragraph (1) to
request additional information relating to the
disclosure.
``(B) Access to reports.--During the course of life
sciences research in progress performed by an entity
supported by Federal funding from an agency, upon
request, the Board shall have access to every annual
report--
``(i) of the agency;
``(ii) of the entity performing the life
sciences research; and
``(iii) of any subawardee of an entity
described in clause (ii).
``Sec. 7906. Board review
``(a) In General.--
``(1) High-risk life sciences research.--Not later than 120
days after the date on which the Board receives a notification
from an agency under section 7905(c) relating to proposed
Federal funding for life sciences research that constitutes
high-risk life sciences research or a notification from an
agency under section 7905(f)(2)(C) relating to Federal funding
of research in progress that constitutes high-risk life
sciences research, the Board shall--
``(A) review the proposed Federal funding or
research in progress;
``(B) by a majority vote, determine whether the
agency may award the proposed Federal funding or
continue to award the Federal funding for the research
in progress; and
``(C) by a majority vote, determine with respect to
the life sciences research funded by the proposed
Federal funding or Federal funding for research in
progress--
``(i) the minimum required biosafety
containment level, engineering controls, and
operational controls;
``(ii) the minimum required biosecurity
engineering controls and operational controls;
and
``(iii) the minimum required personnel
assurance controls.
``(2) Life sciences research.--
``(A) Proposed funding.--
``(i) In general.--With respect to proposed
Federal funding by an agency for life sciences
research that does not constitute high-risk
life sciences research, the Board may--
``(I) review the proposed Federal
funding; and
``(II) by a majority vote,
determine whether the agency may award
the proposed Federal funding.
``(ii) Notification.--If the Board
determines not to permit the award of Federal
funding proposed by an agency pursuant to
clause (i)(II), the Board shall notify the head
of the agency and identify the factors that
contributed to the determination of the Board.
``(B) Past funding.--With respect to Federal
funding that has already been awarded by an agency for
life sciences research that does not constitute high-
risk life sciences research, the Board may review and
audit the life sciences research.
``(b) Considerations.--
``(1) In general.--In making a determination under
paragraph (1)(B) and (2)(A)(i)(II) of subsection (a), the Board
shall consider, with respect to the life sciences research that
will be conducted with the proposed Federal funding or research
in progress--
``(A) whether the research poses a threat to public
health;
``(B) whether the research poses a threat to public
safety;
``(C) whether the research has a high probability
of producing benefits for public health;
``(D) whether the research poses a threat to large
populations of animals, and plants;
``(E) whether the research poses a threat to
national security;
``(F) whether the research is proposed to be
conducted in a foreign country;
``(G) the reasonably anticipated material risks;
``(H) the reasonably anticipated information risks;
``(I) the reasonably anticipated benefits;
``(J) whether the reasonably anticipated benefits
outweigh the reasonably anticipated risks; and
``(K) whether the benefits could be obtained
through procedures posing lower risks.
``(2) Weight of factors.--The presence or absence of any
factor under paragraph (1) shall not be decisive with respect
to the determination of the Board under paragraph (1)(B) and
(2)(A)(i)(II) of subsection (a).
``(c) Notice Following Review and Determination.--
``(1) Agency notification.--Not later than 5 days after the
date on which the Board makes a determination under subsection
(a)(1)(B), the Executive Director of the Board shall notify the
head of the agency of the determination.
``(2) Notification to appropriate congressional
committees.--If the Board determines that the head of an agency
may not proceed with an award of proposed Federal funding under
this section, the Executive Director of the Board shall notify
the appropriate congressional committees when the Board
notifies the head of the agency.
``(d) Board Delegation of Decisionmaking to Authorized Personnel.--
``(1) In general.--The Board may vote to delegate to
designated personnel of the Board appointed under section
7903(b) the authority to determine whether to review proposed
Federal funding for life sciences research under subsection
(a)(2)(A)(i)(I).
``(2) Policies and procedures.--The delegation authorized
under paragraph (1) shall be subject to policies and
procedures--
``(A) unanimously approved by the Board;
``(B) established in consultation with the
appropriate congressional committees; and
``(C) published in the Federal Register.
``(3) High-risk life sciences research approval.--The Board
may not delegate the requirement to make a review and
determination under subsection (a)(1)(i) with respect to
Federal funding for high-risk life sciences research.
``(e) Scientific Expert Panels.--
``(1) In general.--The Board may establish a scientific
panel of experts to advise the Board in the review by the Board
of life sciences research pursuant to this chapter.
``(2) Policies and procedures.--The Board shall establish
and publish in the Federal Register procedures and policies
relating to conflicts of interest, recusal, expertise, and
related matters before the establishment of the panel described
in paragraph (1).
``(3) Prohibition.--An individual serving on the panel
established under paragraph (1) may not advise the Board on any
matter with respect to which the individuals has an identified
or perceived conflict of interest.
``(4) Report.--
``(A) In general.--Not later than 30 days after the
date on which the Board establishes a panel established
under paragraph (1), the Board shall submit to the
appropriate congressional committees a report that
includes the names of individuals who serve on the
panel.
``(B) Panel changes.--Upon a change of personnel on
the panel established under paragraph (1), the Board
shall immediately submit to the appropriate
congressional committees an update to the report
required under subparagraph (A).
``(f) Report.--Not later than 360 days after the date on which the
Board establishes the panel described in subsection (e)(1), and
annually thereafter, the Board shall submit to the appropriate
congressional committees and make available on a website a report
summarizing, with respect to each determination by the Board under this
section relating to life sciences research--
``(1) the findings of the Board;
``(2) the determination of the Board;
``(3) the name and location of the entity proposing the
life sciences research;
``(4) the name and location of any recipient of a subaward
or subcontractor of an entity proposing life sciences research
and the nature of the participation of such a recipient or
subcontractor; and
``(5) an account of significant challenges or problems,
including procedural or substantive challenges or problems,
that arise during the course of the work of the Board,
including the views of any member of the Board who wishes to
have those views included in the report.
``(g) Effective Date.--This section shall take effect on the date
that is 180 days after the date of enactment of this chapter.
``Sec. 7907. Funding
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Board to carry out this chapter $30,000,000 for
each of fiscal years 2025 through 2034.
``(b) DHS Transfer.--
``(1) In general.--Subject to paragraph (2) and
notwithstanding any other law, in any fiscal year for which
amounts are authorized to be appropriated under subsection (a),
of the amounts the Secretary of Homeland Security would
otherwise award as grants, the Secretary of Homeland Security
shall transfer $30,000,000 to the Board.
``(2) Exception.--A transfer under paragraph (1) shall not
apply to amounts awarded as grants from the Disaster Relief
Fund of the Federal Emergency Management Agency.''.
(b) Clerical Amendment.--The table of sections for subtitle V of
title 31, United States Code, is amended by adding at the end the
following:
``Chapter 79--Life Sciences Research Security Board
``7901. Definitions.
``7902. Establishment and membership.
``7903. Board personnel.
``7904. Board mission and functions.
``7905. Agency procedures; referral to Board.
``7906. Board review.
``7907. Funding.''.
(c) Financial Disclosure Reports of Board Members.--Section
13103(f) of title 5, United States Code, is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) a member of the Life Sciences Research Security
Board established under section 7902 of title 31.''.
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