[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4722 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4722
To prohibit the United States from collaborating with certain foreign
countries of concern on fundamental research intended to support the
military, intelligence, or security capabilities of the United States,
to strengthen the security and integrity of the United States
scientific and research enterprise, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11 (legislative day, July 10), 2024
Mr. Rubio (for himself, Ms. Ernst, Mr. Hagerty, Mr. Ricketts, and Mr.
Budd) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit the United States from collaborating with certain foreign
countries of concern on fundamental research intended to support the
military, intelligence, or security capabilities of the United States,
to strengthen the security and integrity of the United States
scientific and research enterprise, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Furthering
Operations for Resiliency, Transparency, and Integrity to Fortify
(FORTIFY) United States Research Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Working group on understanding scale and scope of problematic
research collaboration between China and
recipients of Federal research funding.
Sec. 3. Research integrity and security.
Sec. 4. Study on United States research partnerships with the People's
Republic of China.
Sec. 5. Federal grant application fraud.
Sec. 6. Restricting the acquisition of emerging technologies by certain
aliens.
Sec. 7. Machine readable visa documents.
Sec. 8. Certifications regarding access to export controlled technology
in educational and cultural exchange
programs.
Sec. 9. Mandatory placement of research and development applicants
failing to disclose required information in
the Federal Awardee Performance and
Integrity Information System.
Sec. 10. Privacy and confidentiality.
SEC. 2. WORKING GROUP ON UNDERSTANDING SCALE AND SCOPE OF PROBLEMATIC
RESEARCH COLLABORATION BETWEEN CHINA AND RECIPIENTS OF
FEDERAL RESEARCH FUNDING.
(a) Requirement To Convene Working Group.--Pursuant to section
904(e)(7)(B) of the Counterintelligence Enhancement Act of 2002 (50
U.S.C. 3383(e)(7)(B)), the Director of the National Counterintelligence
and Security Center shall convene a working group of officials and
individuals in the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)), Federal grant-
making agencies, and outside experts to better understand the scale and
scope of problematic research collaboration between the People's
Republic of China and recipients of funds from the Federal Government.
(b) Activities.--The working group convened pursuant to subsection
(a) shall--
(1) expand the scope of previous counterintelligence
efforts relating to research security threats, which focused
primarily on foreign talent recruitment programs;
(2) conduct open-source research for counterintelligence
efforts on published research, bibliometric data, and other
publicly available data;
(3) identify the problematic research collaborations
described in subsection (a) that pose the highest potential
risk to the national security of the United States from
entities within the defense industrial base of China and other
entities the working group determines present a high-risk to
the Federal Government; and
(4) publish, on a semiannual basis, a database in
accordance with subsection (c).
(c) Threats to Research, Universities, Science, and Technology
Database.--
(1) Establishment.--
(A) In general.--The working group convened
pursuant to subsection (a) shall establish an
unclassified database to serve as a comprehensive
resource for the Department of Defense, the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), and
other Federal grant-making agencies for conducting due
diligence and risk review determinations for
fundamental, controlled, or classified research grant
award approvals, denials, or revocations.
(B) Designation.--The database established pursuant
to subparagraph (A) shall be known as the ``Threats to
Research, Universities, Science, and Technology''
database or the ``TRUST'' database (referred to in this
subsection as the ``Database'').
(2) Contents.--The Database shall include--
(A) a catalog of entities, with supporting open-
source documentation, that support the defense
research, development, and industrial bases of China,
including--
(i) universities and their subdivisions;
(ii) state and national defense key
laboratories;
(iii) provincial-level key laboratories;
(iv) research institutes subordinate to
defense state-owned enterprises; and
(v) other business enterprises involved in
military-civil fusion programs that are
partially or majority owned by universities or
the Chinese Academy of Sciences;
(B) mapping of the People's Republic of China's
State Administration for Science and Technology
Industry for National Defense, including a focus on
developing defense-related academic disciplines, key
laboratories, and research groups at the universities;
(C) identifying entities of the People's Republic
of China engaging in critical technology research,
including institutions, centers of excellence,
laboratories, or personnel that conduct research in
disciplines or subdisciplines of critical importance to
the national and economic security of the United
States;
(D) mapping research institution links to the
defense industry of the People's Republic of China,
including subsidiaries and research institutes
subordinate to major People's Republic of China state-
owned defense enterprises; and
(E) identifying other research entities and
programs of the People's Republic of China tied to
defense, including civilian universities and government
research organizations that engage in defense research
projects through formal partnerships or research
collaboration with People's Republic of China defense
entities, state-owned enterprises, or receipt of
People's Republic of China defense program funding.
(d) Annual Report.--The working group convened pursuant to
subsection (a) shall submit an annual report to Congress containing a
description of the progress and findings of the database.
SEC. 3. RESEARCH INTEGRITY AND SECURITY.
(a) Short Title.--This section may be cited as the ``Research
Integrity and Security Act of 2024''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Energy and Natural Resources
of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Small Business and
Entrepreneurship of the Senate;
(F) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(G) the Select Committee on Intelligence of the
Senate;
(H) the Committee on Armed Services of the House of
Representatives;
(I) the Committee on Education and the Workforce of
the House of Representatives;
(J) the Committee on Energy and Commerce of the
House of Representatives;
(K) the Committee on Small Business of the House of
Representatives;
(L) the Committee on Science, Space, and Technology
of the House of Representatives; and
(M) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Country of concern.--The term ``country of concern''
means--
(A) any country (including any special
administrative region of such country) identified as a
threat to the national security of the United States in
the most recent report submitted to Congress by the
Director of National Intelligence pursuant to section
108B of the National Security Act of 1947 (50 U.S.C.
3043b) (commonly referred to as the ``Annual Threat
Assessment''); or
(B) any covered nation (as defined in section
4872(d)(2) of title 10, United State Code).
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(4) Federal grant.--The term ``Federal grant''--
(A) means a grant awarded by a Federal agency; and
(B) includes a subgrant awarded by a non-Federal
entity to carry out a Federal grant program.
(5) Federal grant application.--The term ``Federal grant
application'' means an application for a Federal grant.
(6) Foreign compensation.--The term ``foreign
compensation'' means a title, monetary compensation, access to
a laboratory or other resource, or other benefit received
from--
(A) a foreign government;
(B) a foreign government institution; or
(C) a foreign public enterprise.
(7) Foreign government.--The term ``foreign government''
includes a person acting or purporting to act on behalf of a
faction, party, department, agency, bureau, subnational
administrative entity, or military of a country of concern.
(8) Foreign government institution.--The term ``foreign
government institution'' means any foreign entity owned by,
subject to the control of, or subject to the laws or
regulations of a country of concern.
(9) Foreign government enterprise.--The term ``foreign
government enterprise'' means an enterprise over which a
foreign government directly or indirectly exercises a dominant
influence.
(10) Fundamental research.--The term ``fundamental
research'' means basic and applied research in science,
engineering, or mathematics, the results of which ordinarily
are published and shared broadly within the scientific
community, and for which the researchers have not accepted
restrictions for proprietary or national security concerns.
(11) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(12) Law enforcement agency.--The term ``law enforcement
agency''--
(A) means a Federal, State, local, or Tribal law
enforcement agency; and
(B) includes--
(i) the Office of Inspector General of an
establishment (as defined in section 401 of
title 5, United States Code) or a designated
Federal entity (as defined in section 415 of
title 5, United States Code); and
(ii) the Office of Inspector General, or
similar office, of a State or unit of local
government.
(13) Outside compensation.--The term ``outside
compensation'' means any compensation, resource, or support
(regardless of monetary value) made available to the applicant
in support of, or related to, any research endeavor, including
a title, research grant, cooperative agreement, contract,
institutional award, access to a laboratory, or other resource,
including materials, travel compensation, or work incentives.
(c) Protection of Federally Funded Research.--
(1) In general.--The United States Government may not
collaborate with a country of concern on fundamental research
intended to support the military, intelligence, or security
capabilities of the United States.
(2) Prohibition.--Neither the Secretary of Defense nor the
Secretary of Energy may approve a Federal grant application for
fundamental research that--
(A) is ultimately intended to further the military,
security, or intelligence capabilities of the United
States;
(B) is used to support the defense industrial base
of the United States; and
(C) will be jointly reviewed by or conducted with--
(i) a foreign government, foreign
government institution, or foreign government
enterprise from a country of concern; or
(ii) any person that is receiving foreign
compensation or outside compensation from a
country of concern.
(3) Exception.--The prohibition under paragraph (2) shall
not apply to an activity that is--
(A) carried out in connection with a lawfully
authorized investigative, protective, or intelligence
activity of--
(i) a law enforcement agency; or
(ii) a Federal intelligence agency; or
(B) authorized under chapter 224 of title 5, United
States Code.
(4) National security waiver for research.--The Secretary
of Defense and the Secretary of Energy may waive the
prohibition under paragraph (2) if either Secretary determines
and certifies to the appropriate congressional committees that
approving such Federal grant application--
(A) is in the national security interest of the
United States; and
(B) does not pose an intelligence or national
security risk.
(d) Penalties and Reporting.--
(1) Penalty on institutions.--Any institution of higher
education that has been awarded a Federal grant by the
Department of Defense or the Department of Energy for research
intended to support the military, security, or intelligence
capabilities of the United States and is found by the Inspector
General of the agency concerned to be collaborating with a
foreign government, a foreign government institution, or a
foreign government enterprise from a country of concern with
respect to such research shall repay the full value of such
grant to the Federal agency that originally approved the
Federal grant application.
(2) Reports by inspectors general.--Not later than 2 years
after the date of the enactment of this Act, and annually
thereafter, the Inspector General of the Department of Defense
and the Inspector General of the Department of Energy shall
each submit to the appropriate congressional committees a
report, which shall include, with respect to the reporting
period--
(A) a list of projects that have received a Federal
grant from the Federal agency concerned; and
(B) a description of each project included in the
list described in subparagraph (A) that indicates
whether, in connection with such project--
(i) a foreign government, foreign
government institution, or foreign government
enterprise from a country of concern has
received a Federal grant; or
(ii) a person receiving foreign
compensation or outside compensation from a
country of concern has received a Federal
grant.
(3) GAO report.--Not later than 3 years after the date of
the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall--
(A) review each report submitted for the calendar
year pursuant to paragraph (2); and
(B) determine if a foreign government, a foreign
government institution, or a foreign government
enterprise from a country of concern has received a
Federal grant.
(4) Requests by chairperson and ranking member of
appropriate congressional committees.--The chairperson and
ranking member of each appropriate congressional committee may
jointly submit to the Comptroller General of the United States
a written request to audit any Federal agency that has approved
a Federal grant application for fundamental research ultimately
intended to support the military, security, or intelligence
capabilities of the United States.
SEC. 4. STUDY ON UNITED STATES RESEARCH PARTNERSHIPS WITH THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Under Secretary of Defense for Research and
Engineering shall complete a study concerning United States Government-
funded research conducted by United States persons who conduct such
research in the United States and in the People's Republic of China.
(b) Assessment.--The study conducted pursuant to subsection (a)
shall assess--
(1) whether the United States Government has benefitted
from similar research partnerships, publications,
accommodations, or access to resources while conducting
research in the People's Republic of China that is funded by
the United States Government; and
(2) the principles of fundamental research and the open
research enterprise by United States persons while conducting
research in the United States and in the People's Republic of
China.
(c) Briefing.--Not later than 30 days after completing the study
pursuant to this section, the Under Secretary of Defense for Research
and Engineering shall brief the Committee on Armed Services of the
Senate, the Select Committee on Intelligence of the Senate, the
Committee on Armed Services of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives regarding the results of such study.
SEC. 5. FEDERAL GRANT APPLICATION FRAUD.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1041. Federal grant application fraud
``(a) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 551 of title 5.
``(2) Federal grant.--The term `Federal grant'--
``(A) means a grant awarded by a Federal agency;
``(B) includes a subgrant awarded by a non-Federal
entity to carry out a Federal grant program; and
``(C) does not include--
``(i) direct United States Government cash
assistance to an individual;
``(ii) a subsidy;
``(iii) a loan;
``(iv) a loan guarantee; or
``(v) insurance.
``(3) Federal grant application.--The term `Federal grant
application' means an application for a Federal grant.
``(4) Foreign compensation.--The term `foreign
compensation' means a title, monetary compensation, access to a
laboratory or other resource, or other benefit received from--
``(A) a foreign government;
``(B) a foreign government institution; or
``(C) a foreign public enterprise.
``(5) Foreign government.--The term `foreign government'
includes a person acting or purporting to act on behalf of--
``(A) a faction, party, department, agency, bureau,
subnational administrative entity, or military of a
foreign country; or
``(B) a foreign government or a person purporting
to act as a foreign government, regardless of whether
the United States recognizes the government.
``(6) Foreign government institution.--The term `foreign
government institution' means a foreign entity owned by,
subject to the control of, or subject to regulation by a
foreign government.
``(7) Foreign public enterprise.--The term `foreign public
enterprise' means an enterprise over which a foreign government
directly or indirectly exercises a dominant influence.
``(8) Law enforcement agency.--The term `law enforcement
agency'--
``(A) means a Federal, State, local, or Tribal law
enforcement agency; and
``(B) includes--
``(i) the Office of Inspector General of an
establishment (as defined in section 401 of
title 5) or a designated Federal entity (as
defined in section 415 of title 5); and
``(ii) the Office of Inspector General, or
similar office, of a State or unit of local
government.
``(9) Outside compensation.--The term `outside
compensation' means any compensation, resource, or support
(regardless of monetary value) made available to the applicant
in support of, or related to, any research endeavor, including
a title, research grant, cooperative agreement, contract,
institutional award, access to a laboratory, or other resource,
including materials, travel compensation, or work incentives.
``(b) Prohibition.--Except as provided in subsection (c), it shall
be unlawful for any individual to knowingly--
``(1) prepare or submit a Federal grant application that
fails to disclose the receipt of any outside compensation,
including foreign compensation, by the individual;
``(2) forge, counterfeit, or otherwise falsify a document
for the purpose of obtaining a Federal grant; or
``(3) prepare, submit, or assist in the preparation or
submission of a Federal grant application or document in
connection with a Federal grant application that--
``(A) contains a false statement;
``(B) contains a material misrepresentation;
``(C) has no basis in law or fact; or
``(D) fails to disclose a material fact.
``(c) Exception.--Subsection (b) shall not apply to an activity--
``(1) carried out in connection with a lawfully authorized
investigative, protective, or intelligence activity of--
``(A) a law enforcement agency; or
``(B) a Federal intelligence agency; or
``(2) authorized under chapter 224.
``(d) Penalty.--Any individual who violates subsection (b)--
``(1) shall be fined in accordance with this title,
imprisoned for not more than 5 years, or both; and
``(2) shall be prohibited from receiving a Federal grant
during the 5-year period beginning on the date on which a
sentence is imposed on the individual pursuant to paragraph
(1).''.
(b) Clerical Amendment.--The analysis for chapter 47 of title 18,
United States Code, is amended by adding at the end the following:
``1041. Federal grant application fraud.''.
SEC. 6. RESTRICTING THE ACQUISITION OF EMERGING TECHNOLOGIES BY CERTAIN
ALIENS.
(a) Report.--Not later than 3 months after the date of the
enactment of this Act, and semiannually thereafter, the Secretary of
State, in consultation with the Director of National Intelligence, and
the heads of other relevant Federal agencies, shall submit a classified
report to the congressional committees listed in subsection (d)(1) that
identifies any alien that--
(1) is employed by or collaborates with--
(A) a foreign military and security related
organization that is adversarial to the United States;
(B) a foreign institution that is involved in the
theft of United States research;
(C) any entity involved in export control
violations or the theft of intellectual property;
(D) a foreign government that seeks to undermine
the integrity and security of the United States
research community; or
(2) associates or collaborates with any entity that poses a
national security threat based on intelligence assessments.
(b) Designations of Certain Aliens Seeking To Acquire Emerging
Technologies.--
(1) In general.--The Secretary of State, in coordination
with other relevant Federal departments and agencies, shall
identify persons identified pursuant to subsection (a) who are
seeking to knowingly acquire sensitive or emerging technologies
to undermine national security interests of the United States
by benefitting an adversarial foreign government's security or
strategic capabilities.
(2) Relevant factors.--To determine if an alien identified
pursuant to subsection (a) is seeking to knowingly acquire
sensitive or emerging technologies to undermine national
security interests of the United States by benefitting an
adversarial foreign government's security or strategic
capabilities, the Secretary of State shall--
(A) consider information and analyses relevant to
implementing subsection (a) from the Office of the
Director of National Intelligence, the Department of
Health and Human Services, the Department of Defense,
the Department of Homeland Security, the Department of
Energy, the Department of Commerce, and other
appropriate Federal agencies; and
(B) consider the continual expert assessments of
evolving sensitive or emerging technologies that
foreign adversaries are targeting.
(c) Ineligibility for Visas, Admission, or Parole.--
(1) Visas, admission, and parole.--Except as provided in
subsection (f), any alien identified pursuant to subsection
(b)(1) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--Except as provided in subsection
(f), any alien identified pursuant to subsection (b)(1)
is subject to revocation of any visa or other entry
documentation, regardless of when the visa or other
entry documentation is or was issued.
(B) Immediate effect.--A revocation authorized
under subparagraph (A)--
(i) shall take effect immediately; and
(ii) shall automatically cancel any other
valid visa or entry documentation that is in
the alien's possession.
(C) Public availability of information.--
Information about the denial or revocation of a visa or
other documentation under this paragraph shall be made
available to the public.
(d) Reporting Requirement.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Director of
National Intelligence, the Director of the Office of Science
and Technology Policy, the Secretary of Homeland Security, the
Secretary of Defense, the Secretary of Energy, the Secretary of
Commerce, and the heads of other relevant Federal agencies,
shall submit a report to the Committee on the Judiciary of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on the Judiciary of the House of
Representatives, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Oversight and
Accountability of the House of Representatives that
identifies--
(A) any criteria, if relevant used to describe the
aliens to which the grounds of inadmissibility
described in subsection (c) may apply; and
(B) the number of individuals identified pursuant
to subsection (b)(1), including the nationality of each
such individual and the reasons for each such
identification.
(2) Classification of report.--Each report required under
paragraph (1) shall be submitted, to the extent practicable, in
an unclassified form, but may be accompanied by a classified
annex.
(e) Congressional Nomination Determination.--Not later than 60 days
after receiving a request from the chairman and ranking member of a
congressional committee listed in subsection (d)(1) with respect to
whether an alien is seeking to knowingly acquire sensitive or emerging
technologies to undermine national security interests of the United
States by benefitting an adversarial foreign government's security or
strategic capabilities, the President shall--
(1) determine if such alien meets such criteria; and
(2) submit a classified or unclassified report to such
chairman and ranking member with respect to such determination
that includes a statement of whether or not the President
imposed or intends to impose sanctions with respect to such
alien.
(f) Waiver.--
(1) In general.--The President, on a case-by-case basis and
for a period of not more than 180 days, may waive a requirement
under subsection (c) to impose or maintain sanctions with
respect to an alien if the President--
(A) determines that such waiver is in the national
security interest of the United States; and
(B) not less than 30 days before such waiver takes
effect, submits a report to the congressional
committees listed in subsection (d)(1) that describes
and justifies such waiver.
(2) Renewal of waiver.--The President may, on a case-by-
case basis, renew a waiver under paragraph (1) for additional
periods of not more than 180 days if the President--
(A) determines that the renewal of the waiver is in
the national security interest of the United States;
and
(B) not less than 15 days before the waiver
expires, submits a report to the congressional
committees listed in subsection (d)(1) that describes
and justifies such renewal.
SEC. 7. MACHINE READABLE VISA DOCUMENTS.
(a) Machine-Readable Documents.--Except as provided in subsection
(b), not later than 1 year after the date of the enactment of this Act,
the Secretary of State shall--
(1) require the use of a machine-readable visa application
form; and
(2) make available documents submitted in support of a visa
application in a machine readable format to assist in--
(A) identifying fraud;
(B) conducting lawful law enforcement activities;
and
(C) determining the eligibility of applicants for a
visa under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(b) Waiver.--The Secretary of State may waive the requirement under
subsection (a) by providing to Congress, not later than 30 days before
the effective date of such waiver--
(1) a detailed explanation for why such waiver is being
issued; and
(2) a timeframe for the implementation of the requirement
under subsection (a).
(c) Report.--Not later than 45 days after date of the enactment of
this Act, the Secretary of State shall submit a report to the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Committee on Commerce, Science, and Transportation of the Senate, the
Select Committee on Intelligence of the Senate, the Committee on
Foreign Relations of the Senate, the Committee on Oversight and
Accountability of the House of Representatives, the Committee on
Homeland Security of the House of Representatives, the Committee on
Energy and Commerce of the House of Representatives, the Permanent
Select Committee on Intelligence of the House of Representatives, and
the Committee on Foreign Affairs of the House of Representatives that--
(1) 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
agencies;
(2) identifies the sections of a visa application that are
machine-readable and the sections that are not machine-
readable;
(3) provides cost estimates, including personnel costs and
a cost-benefit analysis for adopting different technologies,
including optical character recognition, for--
(A) making every element of a visa application, and
documents submitted in support of a visa application,
machine-readable; and
(B) ensuring that such system--
(i) protects personally-identifiable
information; and
(ii) permits the sharing of visa
information with Federal agencies in accordance
with existing law; and
(4) includes an estimated timeline for completing the
implementation of subsection (a).
SEC. 8. CERTIFICATIONS REGARDING ACCESS TO EXPORT CONTROLLED TECHNOLOGY
IN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.
Section 102(b)(5) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to read as follows:
``(5) promoting and supporting medical, scientific,
cultural, and educational research and development--
``(A) by developing exchange programs for foreign
researchers and scientists, while protecting
technologies regulated by export control laws important
to the national security and economic interests of the
United States; and
``(B) by requiring the sponsor of an exchange
visitor program--
``(i) to certify to the Department of State
that the sponsor, after reviewing all
regulations related to the Export Controls Act
of 2018 (50 U.S.C. 4811 et seq.) and the Arms
Export Control Act (22 U.S.C. 2751 et seq.),
has determined that--
``(I) a license is not required
from the Department of Commerce or the
Department of State to release such
technology or technical data to the
exchange visitor; or
``(II)(aa) a license is required
from the Department of Commerce or the
Department of State to release such
technology or technical data to the
exchange visitor; and
``(bb) the sponsor will prevent
access to the controlled technology or
technical data by the exchange visitor
until the sponsor--
``(AA) has received the
required license or other
authorization to release it to
the visitor; and
``(BB) has provided a copy
of such license or
authorization to the Department
of State; and
``(ii) if the sponsor maintains export
controlled technology or technical data, to
submit to the Department of State the sponsor's
plan to prevent unauthorized export or transfer
of any controlled items, materials,
information, or technology at the sponsor
organization or entities associated with a
sponsor's administration of the exchange
visitor program.''.
SEC. 9. MANDATORY PLACEMENT OF RESEARCH AND DEVELOPMENT APPLICANTS
FAILING TO DISCLOSE REQUIRED INFORMATION IN THE FEDERAL
AWARDEE PERFORMANCE AND INTEGRITY INFORMATION SYSTEM.
Section 223(c)(2) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (42 U.S.C. 6605(c)(2))
is amended--
(1) by redesignating subparagraphs (A) through (G) as
clauses (i) through (vii) and moving such clauses 2 ems to the
right;
(2) in the matter preceding clause (i), as redesignated, by
striking ``may take'' and inserting the following: ``--
``(A) shall--
``(i) indicate, in the Federal Awardee
Performance and Integrity Information System,
that such individual or entity is noncompliant
to give notice to other Federal grant-making
agencies; and
``(ii) disclose, in such system, any
business relationship between such individual
or entity and any foreign country of concern
(as defined in section 9901(7) (15 U.S.C.
4651(7))), including any funding received by
such individual or entity from any agent of
such country; and
``(B) may take''; and
(3) in subparagraph (B), as redesignated--
(A) by striking clause (vi); and
(B) by redesignating clause (vii) as clause (vi).
SEC. 10. PRIVACY AND CONFIDENTIALITY.
Nothing in this Act, or in any amendment made by this Act, may be
construed as affecting the rights and requirements provided in--
(1) section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974''); or
(2) subchapter III of chapter 35 of title 44, United States
Code (commonly known as the ``Confidential Information
Protection and Statistical Efficiency Act of 2018'').
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