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[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.''.
                                 <all>
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