Securing American Science and Technology Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3038 To establish an interagency working group to coordinate activities and develop policy guidance to protect federally funded research and development from foreign interference, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 30, 2019 Ms. SHERRILL (for herself, Mr. GONZALEZ of Ohio, Mr. LANGEVIN, Ms. STEFANIK, Ms. JOHNSON of Texas, and Mr. LUCAS) introduced the fol- lowing bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To establish an interagency working group to coordinate activities and develop policy guidance to protect federally funded research and development from foreign inter- ference, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing American 4 Science and Technology Act of 2019’’. 5 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 2 •HR 3038 IH SEC. 2. INTERAGENCY WORKING GROUP. 1 (a) IN GENERAL.—The Director of the Office of 2 Science and Technology Policy (OSTP), acting through 3 the National Science and Technology Council (NSTC), in 4 consultation with the National Security Advisor, shall es- 5 tablish an interagency working group to coordinate activi- 6 ties to protect federally funded research and development 7 from foreign interference, cyberattacks, theft, or espionage 8 and to develop common definitions and best practices for 9 Federal science agencies and grantees, while accounting 10 for the importance of the open exchange of ideas and 11 international talent required for scientific progress and 12 American leadership in science and technology. 13 (b) MEMBERSHIP.— 14 (1) IN GENERAL.—The working group shall in- 15 clude a representative of each— 16 (A) the National Science Foundation; 17 (B) the Department of Energy; 18 (C) the National Aeronautics and Space 19 Administration; 20 (D) the National Institute of Standards 21 and Technology; 22 (E) the Department of Commerce; 23 (F) the National Institutes of Health; 24 (G) the Department of Defense; 25 (H) the Department of Agriculture; 26 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 3 •HR 3038 IH (I) the Department of Education; 1 (J) the Department of State; 2 (K) the Department of the Treasury; 3 (L) the Department of Justice; 4 (M) the Department of Homeland Secu- 5 rity; 6 (N) the Central Intelligence Agency; 7 (O) the Federal Bureau of Investigation; 8 (P) the Office of the Director of National 9 Intelligence; 10 (Q) the Office of Management and Budget; 11 (R) the National Economic Council; and 12 (S) such other Federal department or 13 agency as the President considers appropriate. 14 (2) CHAIR.—The working group shall be 15 chaired by the Director of the Office of Science and 16 Technology Policy (or the Director’s designee). 17 (c) RESPONSIBILITIES OF THE WORKING GROUP.— 18 The working group established under subsection (a) 19 shall— 20 (1) identify and track known and potential 21 cyber, physical, and human intelligence threats and 22 vulnerabilities within the United States scientific 23 and technological enterprise; 24 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 4 •HR 3038 IH (2) coordinate efforts among agencies to share 1 important information, including specific examples 2 of foreign interference, cyberattacks, theft, or espio- 3 nage directed at federally funded research and devel- 4 opment or the integrity of the United States sci- 5 entific enterprise; 6 (3) identify and assess existing mechanisms for 7 control of federally funded research and develop- 8 ment; 9 (4) develop an inventory of— 10 (A) terms and definitions used across Fed- 11 eral science agencies to delineate areas that 12 may require additional control; and 13 (B) policies and procedures at Federal 14 science agencies regarding control of federally 15 funded research; and 16 (5) develop and periodically update unclassified 17 policy guidance to assist Federal science agencies 18 and grantees in defending against threats to feder- 19 ally funded research and development and the integ- 20 rity of the United States scientific enterprise that— 21 (A) includes— 22 (i) descriptions of known and poten- 23 tial threats to federally funded research 24 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 5 •HR 3038 IH and development and the integrity of the 1 United States scientific enterprise; 2 (ii) common definitions and termi- 3 nology for classification of research and 4 technologies that are controlled; 5 (iii) identified areas of research or 6 technology that might require additional 7 controls; 8 (iv) recommendations for how control 9 mechanisms can be utilized to protect fed- 10 erally funded research and development 11 from foreign interference, cyberattacks, 12 theft or espionage, including any rec- 13 ommendations for updates to existing con- 14 trol mechanisms; 15 (v) recommendations for best prac- 16 tices for Federal science agencies and 17 grantees to defend against such threats; 18 (vi) assessments of potential con- 19 sequences that any proposed practices 20 would have on international collaboration 21 and United States leadership in science 22 and technology; and 23 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 6 •HR 3038 IH (vii) a classified addendum as nec- 1 essary to further inform Federal science 2 agency decisionmaking; and 3 (B) accounts for the range of needs across 4 different sectors of the United States science 5 and technology enterprise. 6 (d) COORDINATION WITH NATIONAL ACADEMIES 7 ROUNDTABLE.—The Director of the Office of Science and 8 Technology Policy shall coordinate with the Academies to 9 ensure that at least one member of the interagency work- 10 ing group is also a member of the roundtable under sec- 11 tion 3. 12 (e) INTERIM REPORT.—Not later than 6 months 13 after the date of enactment of this Act, the Director of 14 the Office of Science and Technology Policy shall provide 15 a report to the relevant Committees that includes the in- 16 ventory required under subsection (c)(4), and an update 17 on progress toward developing the policy guidance re- 18 quired under subsection (c)(5), as well as any additional 19 activities undertaken by the working group in that time. 20 (f) BIENNIAL REPORTING.—Two years after the date 21 of enactment of this Act, and at least every 2 years there- 22 after, the Director of the Office of Science and Technology 23 Policy shall provide a summary report to the relevant 24 Committees on the activities of the working group and the 25 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 7 •HR 3038 IH most current version of the policy guidance required under 1 subsection (c)(5). 2 SEC. 3. NATIONAL ACADEMIES SCIENCE, TECHNOLOGY, 3 AND SECURITY ROUNDTABLE. 4 (a) IN GENERAL.—The National Science Founda- 5 tion, the Department of Energy, and the Department of 6 Defense, and any other agencies as determined by the Di- 7 rector of the Office of Science and Technology Policy, shall 8 enter into a joint agreement with the Academies to create 9 a new ‘‘National Science, Technology, and Security 10 Roundtable’’ (hereinafter in this section referred to as the 11 ‘‘roundtable’’). 12 (b) PARTICIPANTS.—The roundtable shall include 13 senior representatives and practitioners from Federal 14 science, intelligence, and national security agencies, law 15 enforcement, as well as key stakeholders in the United 16 States scientific enterprise including institutions of higher 17 education, Federal research laboratories, industry, and 18 non-profit research organizations. 19 (c) PURPOSE.—The purpose of the roundtable is to 20 facilitate among participants— 21 (1) exploration of critical issues related to pro- 22 tecting United States national and economic security 23 while ensuring the open exchange of ideas and inter- 24 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 8 •HR 3038 IH national talent required for scientific progress and 1 American leadership in science and technology; 2 (2) identification and consideration of security 3 threats and risks involving federally funded research 4 and development, including foreign interference, 5 cyberattacks, theft, or espionage; 6 (3) identification of effective approaches for 7 communicating the threats and risks identified in 8 paragraph (2) to the academic and scientific commu- 9 nity, including through the sharing of unclassified 10 data and relevant case studies; 11 (4) sharing of best practices for addressing and 12 mitigating the threats and risks identified in para- 13 graph (2); and 14 (5) examination of potential near- and long- 15 term responses by the government and the academic 16 and scientific community to mitigate and address 17 the risks associated with foreign threats. 18 (d) REPORT AND BRIEFING.—The joint agreement 19 under subsection (a) shall specify that— 20 (1) the roundtable shall periodically organize 21 workshops and issue publicly available reports on the 22 topics described in subparagraph (c) and the activi- 23 ties of the roundtable; and 24 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 9 •HR 3038 IH (2) not later than March 1, 2020, the Acad- 1 emies shall provide a briefing to relevant Committees 2 on the progress and activities of the roundtable. 3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to carry out this section 5 from fiscal year 2020 to 2024— 6 (1) the Director of the National Science Foun- 7 dation, $2,000,000; 8 (2) the Secretary of Energy, $1,500,000; and 9 (3) the Secretary of Defense, $1,500,000. 10 SEC. 4. DEFINITIONS. 11 In this Act: 12 (1) ACADEMIES.—The term ‘‘Academies’’ 13 means the National Academies of Science, Engineer- 14 ing and Medicine. 15 (2) FEDERAL SCIENCE AGENCY.—The term 16 ‘‘Federal science agency’’ means any Federal agency 17 with at least $100,000,000 in basic and applied re- 18 search obligations in fiscal year 2018. 19 (3) GRANTEE.—The term ‘‘grantee’’ means an 20 entity that is— 21 (A) a recipient of a Federal grant; and 22 (B) an institution of higher education or a 23 non-profit organization. 24 VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS 10 •HR 3038 IH (4) RELEVANT COMMITTEES.—The term ‘‘rel- 1 evant Committees’’ means— 2 (A) the Committee on Science, Space, and 3 Technology of the House of Representatives; 4 (B) the Committee on Commerce, Science, 5 and Transportation of the Senate; 6 (C) the Committee on Armed Services of 7 the House of Representatives; and 8 (D) the Committee on Armed Services of 9 the Senate. 10 Æ VerDate Sep 11 2014 04:14 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H3038.IH H3038 kjohnson on DSK79L0C42 with BILLS