```

[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'').
                                 <all>
```