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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4667 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 667
118th CONGRESS
  2d Session
                                S. 4667

                          [Report No. 118-264]

 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 (for himself and Mr. Peters) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                            December 5, 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Risky Research Review 
Act''.</DELETED>

<DELETED>SEC. 2. LIFE SCIENCES RESEARCH SECURITY BOARD.</DELETED>

<DELETED>    (a) In General.--Subtitle V of title 31, United States 
Code, is amended by adding at the end the following:</DELETED>

 <DELETED>``CHAPTER 79--LIFE SCIENCES RESEARCH SECURITY BOARD</DELETED>

<DELETED>``Sec. 7901. Definitions</DELETED>
<DELETED>    ``In this chapter:</DELETED>
        <DELETED>    ``(1) Agency.--The term `agency' has the meaning 
        given the term in section 552(f) of title 5.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Board.--The term `Board' means the Life 
        Sciences Research Security Board established under section 
        7902(a).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Employee.--</DELETED>
                <DELETED>    ``(A) In general.--The term `employee'--
                </DELETED>
                        <DELETED>    ``(i) means an employee of an 
                        agency; and</DELETED>
                        <DELETED>    ``(ii) includes an individual, 
                        other than an employee of an agency, working 
                        under a contract with an agency.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Federal funding.--The term `Federal 
        funding'--</DELETED>
                <DELETED>    ``(A) means amounts awarded by an agency 
                pursuant to a grant, cooperative agreement, interagency 
                agreement, contract, or other instrument; and</DELETED>
                <DELETED>    ``(B) includes--</DELETED>
                        <DELETED>    ``(i) an in-kind contribution by 
                        an agency used for life sciences research 
                        purposes; and</DELETED>
                        <DELETED>    ``(ii) research conducted by an 
                        agency to which funds were appropriated for 
                        conducting research.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) High-risk life sciences research.--The term 
        `high-risk life sciences research'--</DELETED>
                <DELETED>    ``(A) means life sciences research that--
                </DELETED>
                        <DELETED>    ``(i) has a potential dual use 
                        nature; or</DELETED>
                        <DELETED>    ``(ii) could pose a threat to 
                        public health, safety, or national security; 
                        and</DELETED>
                <DELETED>    ``(B) includes--</DELETED>
                        <DELETED>    ``(i) gain of function 
                        research;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) an activity involving the 
                        collection or surveillance of a potential 
                        pandemic pathogen.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(10) Potential pandemic pathogen.--The term 
        `potential pandemic pathogen'--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) that--</DELETED>
                                <DELETED>    ``(I) is reasonably 
                                anticipated to be moderately or highly 
                                transmissible and likely capable of 
                                wide and uncontrollable spread in human 
                                populations; and</DELETED>
                                <DELETED>    ``(II) is described in 
                                clause (ii) or (iii); and</DELETED>
                        <DELETED>    ``(ii) reasonably anticipated to 
                        be of low, moderate, or high virulence and 
                        likely to cause significant morbidity or 
                        mortality in humans; or</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) includes--</DELETED>
                        <DELETED>    ``(i) subject to subparagraph (C), 
                        influenza viruses;</DELETED>
                        <DELETED>    ``(ii) sarbecoviruses;</DELETED>
                        <DELETED>    ``(iii) merbecoviruses;</DELETED>
                        <DELETED>    ``(iv) henipaviruses, including 
                        Nipah virus;</DELETED>
                        <DELETED>    ``(v) filoviruses;</DELETED>
                        <DELETED>    ``(vi) arenaviruses;</DELETED>
                        <DELETED>    ``(vii) orthopoxviruses;</DELETED>
                        <DELETED>    ``(viii) Yersinia 
                        pestis;</DELETED>
                        <DELETED>    ``(ix) any synthetic construct of 
                        such viruses; and</DELETED>
                        <DELETED>    ``(x) a select agent or toxin, 
                        work with which poses a significant risk of 
                        deliberate misuse; and</DELETED>
                <DELETED>    ``(C) does not include seasonal influenza 
                viruses, unless such viruses have been manipulated to 
                include genetic sequences from a potential pandemic 
                pathogen.</DELETED>
        <DELETED>    ``(11) Select agent or toxin.--The term `select 
        agent or toxin' means an agent or toxin identified under--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 7902. Establishment and membership</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Appointment of Members.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the Executive Director appointed 
                under section 7903(a);</DELETED>
                <DELETED>    ``(B) 5 nongovernmental scientists in a 
                life sciences field; and</DELETED>
                <DELETED>    ``(C) 2 nongovernmental national security 
                experts.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Qualifications.--Individuals nominated to 
        the Board--</DELETED>
                <DELETED>    ``(A) shall--</DELETED>
                        <DELETED>    ``(i) be impartial individuals; 
                        and</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) the Department of Defense;</DELETED>
                <DELETED>    ``(B) the Department of Homeland 
                Security;</DELETED>
                <DELETED>    ``(C) the National Institute of Allergy 
                and Infectious Diseases of the Department of Health and 
                Human Services;</DELETED>
                <DELETED>    ``(D) the Office of the Director of 
                National Intelligence; or</DELETED>
                <DELETED>    ``(E) the Department of Energy.</DELETED>
        <DELETED>    ``(6) Consideration by the senate.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) Removal.--</DELETED>
                <DELETED>    ``(A) In general.--No member of the Board 
                shall be removed from office, other than by--</DELETED>
                        <DELETED>    ``(i) impeachment and 
                        conviction;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) the Board in accordance 
                        with subparagraph (B).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Notice of removal by president.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Mandatory Conflicts of Interest Review.--</DELETED>
        <DELETED>    ``(1) In general.--The Director of the Office of 
        Government Ethics shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Notification.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Participation in High-Risk Life Sciences Research.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Conflicts of interest.--</DELETED>
                <DELETED>    ``(A) In general.--The participation in 
                high-risk life sciences research by a member of the 
                Board--</DELETED>
                        <DELETED>    ``(i) shall be considered a 
                        potential conflict of interest; and</DELETED>
                        <DELETED>    ``(ii) shall be subject to 
                        scrutiny by the Director of the Office of 
                        Government Ethics.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the recusal of the affected 
                        member from relevant discussions and 
                        determinations; and</DELETED>
                        <DELETED>    ``(ii) removal of the affected 
                        member from the Board.</DELETED>
<DELETED>    ``(f) Compensation of Members.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) proposed by the Executive Director 
                and approved by the Board;</DELETED>
                <DELETED>    ``(B) not to exceed the rate of basic pay 
                for level II of the Executive Schedule; and</DELETED>
                <DELETED>    ``(C) that is commensurate with--
                </DELETED>
                        <DELETED>    ``(i) the time a member of the 
                        Board spends engaged in the performance of 
                        duties on the Board; and</DELETED>
                        <DELETED>    ``(ii) necessary traveling 
                        expenses.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Oversight.--</DELETED>
        <DELETED>    ``(1) Senate.--The Committee on Homeland Security 
        and Governmental Affairs of the Senate shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) have access to any records provided 
                to or created by the Board.</DELETED>
        <DELETED>    ``(2) House of representatives.--The Committee on 
        Oversight and Accountability of the House of Representatives 
        shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) have access to any records provided 
                to or created by the Board.</DELETED>
        <DELETED>    ``(3) Duty to cooperate.--The Board shall have the 
        duty to cooperate with the exercise of oversight jurisdiction 
        described in this subsection.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 7903. Board personnel</DELETED>
<DELETED>    ``(a) Executive Director.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Qualifications.--The individual appointed as 
        Executive Director under paragraph (1) shall be a private 
        individual of integrity and impartiality who--</DELETED>
                <DELETED>    ``(A) is a distinguished scientist in a 
                life sciences field; and</DELETED>
                <DELETED>    ``(B) is not, and has not been for the 3-
                year period preceding the date of the appointment--
                </DELETED>
                        <DELETED>    ``(i) an employee of the Federal 
                        Government; or</DELETED>
                        <DELETED>    ``(ii) a participant in high-risk 
                        life sciences research supported by Federal 
                        funding.</DELETED>
        <DELETED>    ``(3) Security clearances.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Functions.--The Executive Director shall--
        </DELETED>
                <DELETED>    ``(A) serve as principal liaison to 
                Congress and agencies;</DELETED>
                <DELETED>    ``(B) serve as Chair of the 
                Board;</DELETED>
                <DELETED>    ``(C) be responsible for the 
                administration and coordination of the responsibilities 
                of the Board; and</DELETED>
                <DELETED>    ``(D) be responsible for the 
                administration of all official activities conducted by 
                the Board.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Terms.--An Executive Director shall not 
        serve more than 2 terms.</DELETED>
<DELETED>    ``(b) Staff.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Qualifications.--Each individual appointed 
        to the staff of the Board--</DELETED>
                <DELETED>    ``(A) shall be a citizen of the United 
                States of integrity and impartiality;</DELETED>
                <DELETED>    ``(B) shall have expertise in the life 
                sciences field or the national security field; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Security clearances.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Conditional employment.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Support from agencies.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) provide technical assistance 
                        to the Board; and</DELETED>
                        <DELETED>    ``(ii) support the review process 
                        of the Board with respect to the agency under 
                        section 7906 in a non-voting staff 
                        capacity.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) be compensated at a rate not to exceed the 
        rate of basic pay for level II of the Executive 
        Schedule;</DELETED>
        <DELETED>    ``(2) serve the entire tenure as Executive 
        Director as one full-time employee; and</DELETED>
        <DELETED>    ``(3) appoint and fix the compensation of such 
        other personnel as may be necessary to carry out this 
        chapter.</DELETED>
<DELETED>``Sec. 7904. Board mission and functions</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) prescribe regulations to carry out the 
        responsibilities of the Board;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) review any classified research conducted or 
        funded by any agency to determine whether the research would be 
        considered high-risk life sciences research;</DELETED>
        <DELETED>    ``(5) through the promulgation of regulations, 
        establish processes, policies, and procedures of the Board for 
        rendering decisions under this chapter; and</DELETED>
        <DELETED>    ``(6) by majority vote, add an agent or toxin to 
        the definition of `agent or toxin' under section 
        7901.</DELETED>
<DELETED>    ``(c) Initial Requirements.--The Board shall--</DELETED>
        <DELETED>    ``(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 
        ;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) not later than 180 days after the date of 
        the enactment of this chapter, begin carrying out the duties 
        described in section 7906.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Congressional Briefings.--Not less frequently than 
quarterly, the Board shall brief the appropriate congressional 
committees on the work of the Board.</DELETED>
<DELETED>``Sec. 7905. Agency procedures; referral to Board</DELETED>
<DELETED>    ``(a) In General.--Beginning 180 days after the date of 
enactment of this chapter, the head of an agency--</DELETED>
        <DELETED>    ``(1) may not award Federal funding for high-risk 
        life sciences research without approval by the Board under 
        section 7906(a)(1)(B); and</DELETED>
        <DELETED>    ``(2) may not award Federal funding for life 
        sciences research disapproved of by the Board under section 
        7906(a)(2)(A)(i)(II).</DELETED>
<DELETED>    ``(b) High-Risk Attestation; Select Agent or Toxin 
Disclosure; Certification.--</DELETED>
        <DELETED>    ``(1) In general.--An entity seeking Federal 
        funding from an agency for life sciences research shall, under 
        the penalty of perjury--</DELETED>
                <DELETED>    ``(A) attest whether--</DELETED>
                        <DELETED>    ``(i) the life sciences research 
                        will constitute high-risk life sciences 
                        research; and</DELETED>
                        <DELETED>    ``(ii) the entity is performing 
                        active research with a select agent or toxin; 
                        and</DELETED>
                <DELETED>    ``(B) if the entity is makes a positive 
                attestation under subparagraph (A), disclose the source 
                of funding for all active research.</DELETED>
        <DELETED>    ``(2) Active research with select agents or 
        toxins.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Agency certification.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) submit to the Board the 
                        high-risk life sciences proposal; and</DELETED>
                        <DELETED>    ``(ii) using the process 
                        established by the head of the agency under 
                        paragraph (4), certify the validity of the 
                        attestation.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) review the attestation; 
                        and</DELETED>
                        <DELETED>    ``(ii) using the process 
                        established by the head of the agency under 
                        paragraph (4), certify the validity of the 
                        attestation.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Maintenance of records.--The head of each 
        agency shall--</DELETED>
                <DELETED>    ``(A) maintain records of the 
                certification process described in paragraph (3)(B) for 
                each application for Federal funding; and</DELETED>
                <DELETED>    ``(B) make the records maintained under 
                subparagraph (A) available for audit and review upon 
                request by the Board.</DELETED>
<DELETED>    ``(c) Notification.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) guarantee that--</DELETED>
                <DELETED>    ``(A) all life science research proposals 
                are referred to the Board before the award of Federal 
                funding by the agency; and</DELETED>
                <DELETED>    ``(B) no Federal funding for high-risk 
                life sciences research is awarded by the agency without 
                approval by the Board; and</DELETED>
        <DELETED>    ``(2) otherwise ensure compliance with this 
        chapter.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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)--</DELETED>
        <DELETED>    ``(1) the entity shall--</DELETED>
                <DELETED>    ``(A) pause the life sciences research in 
                progress; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) the head of the agency shall--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(g) Enforcement.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Employee discipline.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) disciplinary action 
                        consisting of removal, reduction in grade, 
                        suspension, or debarment from employment with 
                        the United States;</DELETED>
                        <DELETED>    ``(ii) a civil penalty in an 
                        amount that is not less than $10,000;</DELETED>
                        <DELETED>    ``(iii) ineligibility for any 
                        annuity under chapter 83 or 84 of title 5; 
                        and</DELETED>
                        <DELETED>    ``(iv) permanent revocation of any 
                        applicable security clearance held by the 
                        employee.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Employee discipline reports.--
                </DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(ii) Contents.--Each report 
                        submitted under clause (i) shall include, with 
                        respect to a violation described in that 
                        clause--</DELETED>
                                <DELETED>    ``(I) the name and 
                                professional title of each employee 
                                engaged in the violation;</DELETED>
                                <DELETED>    ``(II) a detailed 
                                explanation of the nature of the 
                                violation; and</DELETED>
                                <DELETED>    ``(III) the date of the 
                                violation.</DELETED>
                        <DELETED>    ``(iii) Publication.--Not later 
                        than 5 days after the date on which the Board 
                        receives a report under clause (i), the Board 
                        shall--</DELETED>
                                <DELETED>    ``(I) collect the report 
                                and assign the report a unique tracking 
                                number; and</DELETED>
                                <DELETED>    ``(II) publish on a 
                                publicly accessible and searchable 
                                website the contents of the report and 
                                the tracking number for the 
                                report.</DELETED>
<DELETED>    ``(h) Subaward and Subcontractor Disclosure.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Board inquiries.--</DELETED>
                <DELETED>    ``(A) In general.--The Board may contact 
                an entity that submits a disclosure under paragraph (1) 
                to request additional information relating to the 
                disclosure.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) of the agency;</DELETED>
                        <DELETED>    ``(ii) of the entity performing 
                        the life sciences research; and</DELETED>
                        <DELETED>    ``(iii) of any subawardee of an 
                        entity described in clause (ii).</DELETED>
<DELETED>``Sec. 7906. Board review</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) review the proposed Federal funding 
                or research in progress;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the minimum required 
                        biosafety containment level, engineering 
                        controls, and operational controls;</DELETED>
                        <DELETED>    ``(ii) the minimum required 
                        biosecurity engineering controls and 
                        operational controls; and</DELETED>
                        <DELETED>    ``(iii) the minimum required 
                        personnel assurance controls.</DELETED>
        <DELETED>    ``(2) Life sciences research.--</DELETED>
                <DELETED>    ``(A) Proposed funding.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) review the proposed 
                                Federal funding; and</DELETED>
                                <DELETED>    ``(II) by a majority vote, 
                                determine whether the agency may award 
                                the proposed Federal funding.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Considerations.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) whether the research poses a threat 
                to public health;</DELETED>
                <DELETED>    ``(B) whether the research poses a threat 
                to public safety;</DELETED>
                <DELETED>    ``(C) whether the research has a high 
                probability of producing benefits for public 
                health;</DELETED>
                <DELETED>    ``(D) whether the research poses a threat 
                to large populations of animals, and plants;</DELETED>
                <DELETED>    ``(E) whether the research poses a threat 
                to national security;</DELETED>
                <DELETED>    ``(F) whether the research is proposed to 
                be conducted in a foreign country;</DELETED>
                <DELETED>    ``(G) the reasonably anticipated material 
                risks;</DELETED>
                <DELETED>    ``(H) the reasonably anticipated 
                information risks;</DELETED>
                <DELETED>    ``(I) the reasonably anticipated 
                benefits;</DELETED>
                <DELETED>    ``(J) whether the reasonably anticipated 
                benefits outweigh the reasonably anticipated risks; 
                and</DELETED>
                <DELETED>    ``(K) whether the benefits could be 
                obtained through procedures posing lower 
                risks.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Notice Following Review and Determination.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Board Delegation of Decisionmaking to Authorized 
Personnel.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Policies and procedures.--The delegation 
        authorized under paragraph (1) shall be subject to policies and 
        procedures--</DELETED>
                <DELETED>    ``(A) unanimously approved by the 
                Board;</DELETED>
                <DELETED>    ``(B) established in consultation with the 
                appropriate congressional committees; and</DELETED>
                <DELETED>    ``(C) published in the Federal 
                Register.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Scientific Expert Panels.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Report.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the findings of the Board;</DELETED>
        <DELETED>    ``(2) the determination of the Board;</DELETED>
        <DELETED>    ``(3) the name and location of the entity 
        proposing the life sciences research;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Effective Date.--This section shall take effect on 
the date that is 180 days after the date of enactment of this 
chapter.</DELETED>
<DELETED>``Sec. 7907. Funding</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) DHS Transfer.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

      <DELETED>``Chapter 79--Life Sciences Research Security Board

<DELETED>``7901. Definitions.
<DELETED>``7902. Establishment and membership.
<DELETED>``7903. Board personnel.
<DELETED>``7904. Board mission and functions.
<DELETED>``7905. Agency procedures; referral to Board.
<DELETED>``7906. Board review.
<DELETED>``7907. Funding.''.
<DELETED>    (c) Financial Disclosure Reports of Board Members.--
Section 13103(f) of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (11), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (12), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(13) a member of the Life Sciences Research 
        Security Board established under section 7902 of title 
        31.''.</DELETED>

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

``7901. Definitions.
``7902. Establishment and membership.
``7903. Board personnel.
``7904. Board mission and functions.
``7905. Agency procedures; referral to Board.
``7906. Board review.
``7907. GAO Audits.
``7908. Funding.
``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 research of concern.--The term `dual use 
        research of concern'--
                    ``(A) means life sciences research that, based on 
                current understanding, can be reasonably anticipated to 
                provide knowledge, information, products, or 
                technologies that could--
                            ``(i) be misapplied to do harm with no 
                        modification or only a minor modification; and
                            ``(ii) pose a significant threat with 
                        potential consequences to public health and 
                        safety, agricultural crops and other plants, 
                        animals, materiel, or national security; and
                    ``(B) includes--
                            ``(i) life sciences research that could--
                                    ``(I) increase transmissibility of 
                                a pathogen within or between host 
                                species;
                                    ``(II) increase the virulence of a 
                                pathogen or convey virulence to a non-
                                pathogen;
                                    ``(III) increase the toxicity of a 
                                known toxin or produce a novel toxin;
                                    ``(IV) increase--
                                            ``(aa) the stability of a 
                                        pathogen or toxin in the 
                                        environment; or
                                            ``(bb) the ability to 
                                        disseminate a pathogen or 
                                        toxin;
                                    ``(V) alter the host range or 
                                tropism of a pathogen or toxin;
                                    ``(VI) decrease the ability for a 
                                human or veterinary pathogen or toxin 
                                to be detected using standard 
                                diagnostic or analytical methods;
                                    ``(VII) increase resistance of a 
                                pathogen or toxin to clinical or 
                                veterinary prophylactic or therapeutic 
                                interventions;
                                    ``(VIII) alter a human or 
                                veterinary pathogen or toxin to disrupt 
                                the effectiveness of pre-existing 
                                immunity, via immunization or natural 
                                infection, against the pathogen or 
                                toxin;
                                    ``(IX) enhance the susceptibility 
                                of a host population to a pathogen or 
                                toxin;
                                    ``(X) enhance transmissibility of a 
                                pathogen in humans;
                                    ``(XI) enhance the virulence of a 
                                pathogen in humans;
                                    ``(XII) enhance the immune evasion 
                                of a pathogen in humans, such as by 
                                modifying the pathogen to disrupt the 
                                effectiveness of pre-existing immunity 
                                via immunization or natural infection; 
                                or
                                    ``(XIII) generate, use, 
                                reconstitute, or transfer an eradicated 
                                or extinct high-consequence pathogen; 
                                and
                            ``(ii) any other category of life sciences 
                        research that the Board, by majority vote of 
                        the members of the Board, identifies and 
                        publishes in the Federal Register.
            ``(5) Employee.--The term `employee' means an individual 
        described in section 2105(a) of title 5.
            ``(6) Federal funding.--The term `Federal funding' means 
        amounts awarded by an agency pursuant to an intramural or 
        extramural grant, cooperative agreement, interagency agreement, 
        contract, or other instrument.
            ``(7) Gain of function research.--The term `gain of 
        function research' means a research experiment that may enhance 
        the transmissibility or virulence of a high-consequence 
        pathogen.
            ``(8) High-consequence pathogen.--The term `high-
        consequence pathogen'--
                    ``(A) means a wild-type or synthetic pathogen 
                that--
                            ``(i)(I) is likely capable of wide and 
                        uncontrollable spread in human populations; and
                            ``(II) would likely cause moderate to 
                        severe disease or mortality in humans; or
                            ``(ii) is--
                                    ``(I) subject to subparagraph (B), 
                                influenza A virus;
                                    ``(II) classified under subgenus 
                                Sarbecovirus;
                                    ``(III) classified under subgenus 
                                Merbecovirus;
                                    ``(IV) Variola orthopoxvirus;
                                    ``(V) Mpox orthopoxvirus;
                                    ``(VI) Nipah henipavirus;
                                    ``(VII) Hendra henipavirus;
                                    ``(VIII) Ebola orthoebolavirus;
                                    ``(IX) Marburg marburgvirus
                                    ``(X) Lassa mammarenavirus;
                                    ``(XI) Junin arenavirus;
                                    ``(XII) Crimean-Congo hemorrhagic 
                                fever orthonairovirus;
                                    ``(XIII) Hantaan orthohantavirus;
                                    ``(XIV) Sin Nombre orthohantavirus;
                                    ``(XV) Yersinia pestis;
                                    ``(XVI) a select agent or toxin, 
                                work with which poses a significant 
                                risk of deliberate misuse;
                                    ``(XVII) any other pathogen or 
                                category of pathogen that a majority of 
                                members of the Board--
                                            ``(aa) identifies as a 
                                        high-consequence pathogen; and
                                            ``(bb) publishes in the 
                                        Federal Register; or
                                    ``(XVIII) any synthetic construct 
                                of a pathogen or category of pathogen 
                                described in this clause; and
                    ``(B) does not include a seasonal influenza virus, 
                unless a seasonal influenza virus has been manipulated 
                to include genetic sequences from a pathogen described 
                in subparagraph (A).
            ``(9) High-risk life sciences research.--The term `high-
        risk life sciences research' means life sciences research that 
        is--
                    ``(A) dual use research of concern involving a 
                high-consequence pathogen; or
                    ``(B) gain of function research.
            ``(10) Life sciences research.--The term `life sciences 
        research'--
                    ``(A) means the study or use of a living organism, 
                a virus, or a product of a living organism or virus; 
                and
                    ``(B) includes each discipline, methodology, and 
                application of biology, including biotechnology, 
                genomics, proteomics, bioinformatics, and 
                pharmaceutical and biomedical research and techniques.
            ``(11) Select agent or toxin.--The term `select agent or 
        toxin' means a select 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 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;
                    ``(C) 2 nongovernmental national security experts; 
                and
                    ``(D) 1 nongovernmental biosafety expert.
            ``(2) Period for nominations.--The President shall make 
        appointments, other than the Executive Director, to the Board 
        not later than 30 days after the date of enactment of this 
        chapter.
            ``(3) Considerations of recommendations.--The President 
        shall make appointments to the Board after considering 
        individuals recommended by the chair and ranking member of the 
        appropriate congressional committees.
            ``(4) Qualifications.--Individuals appointed 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 high-risk life sciences 
                        research to public health and national 
                        security; and
                    ``(B) may not be an employee 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 an employee, a subcontractor, a previous 
        employee, 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 Executive Director of 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 
                        member 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 Board, in consultation with the 
        Director of the Office of Government Ethics, shall--
                    ``(A) not later than 180 days after the date of the 
                enactment of this chapter--
                            ``(i) establish criteria to determine 
                        whether there is a conflict of interest with 
                        respect to any individual appointed to the 
                        Board, taking into consideration requirements 
                        under Federal law relating to ethics 
                        requirements for employees; and
                            ``(ii) 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 the 
                        individual does not have any conflict of 
                        interest under the criteria established 
                        pursuant to clause (i); 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 under the criteria established pursuant to 
                subparagraph (A)(i) 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 under the 
                criteria established pursuant to paragraph (1)(A)(i), 
                the Director of the Office of Government Ethics shall 
                notify the chair and ranking member 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 under the 
                criteria established pursuant to paragraph (1)(A)(i), 
                the member of the Board or the Executive Director of 
                the Board shall notify the chair and ranking member 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 chapter 51 
        and subchapter III of chapter 53 of title 5 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 member 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.--
            ``(1) In general.--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.
            ``(2) Secure office space.--
                    ``(A) Requests.--In order to review or discuss 
                classified information, the Board shall request an 
                accommodation from relevant agencies to access 
                sensitive compartmented information facilities on an 
                as-needed basis.
                    ``(B) Fulfilment.--The head of an agency from which 
                the Board requests an accommodation under subparagraph 
                (A) shall accommodate the request in a timely manner.
``Sec. 7903. Board personnel
    ``(a) Executive Director.--
            ``(1) Appointment.--Not later than 45 days after the date 
        of enactment of this chapter, the President shall appoint, by 
        and with the advice and consent of the Senate, 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; 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 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) Qualification prior to appointment.--The 
                President shall ensure that a candidate for Executive 
                Director of the Board qualifies for the security 
                clearances and accesses described in subparagraph (A) 
                prior to appointment.
            ``(4) Functions.--The Executive Director of the Board 
        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 of the Board shall not 
        serve more than 2 terms.
    ``(b) Staff.--
            ``(1) In general.--Without regard to the provisions of 
        subchapter I of chapter 33 of title 5 governing appointments in 
        the competitive service, the Board may appoint not more than 25 
        additional personnel 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 the Board 
                        determines that an individual hired on a 
                        conditional basis under clause (i) is not 
                        eligible 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 of an agency 
                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 of the Board 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 1 
        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 high-risk 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 high-risk 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; and
            ``(5) through the promulgation of regulations, establish 
        processes, policies, and procedures of the Board for rendering 
        decisions under this chapter.
    ``(c) Initial Requirements.--The Board shall--
            ``(1) not later than 180 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 270 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.
    ``(f) Select Agent or Toxin Updates.--
            ``(1) In general.--Not later than 15 days after the date on 
        which the Board receives a notification that a select agent or 
        toxin has been added to a list of agent or toxins under a 
        regulation described in paragraph (2), the Board shall--
                    ``(A) review the select agent or toxin;
                    ``(B) by majority vote of members of the Board, 
                determine whether the select agent or toxin should be 
                added into the definition of `select agent or toxin' 
                under section 7901; and
                    ``(C) publish any addition determined under 
                subparagraph (B) in the Federal Register.
            ``(2) Regulations described.--A regulation described in 
        this paragraph is--
                    ``(A) section 73.3(b) of title 42, Code of Federal 
                Regulations, or any successor regulation;
                    ``(B) section 331.3(b) of title 7, Code of Federal 
                Regulations, or any successor regulation; and
                    ``(C) section 121.3(b) of title 9, Code of Federal 
                Regulations, or any successor regulation.
    ``(g) Final Determination Authority.--In any dispute with an agency 
or entity relating to the classification of life sciences research 
under this chapter, the Board shall retain final and ultimate authority 
in--
            ``(1) determining whether the life sciences research is 
        high-risk life sciences research, dual use research of concern 
        involving a high-consequence pathogen or gain of function 
        research;
            ``(2) interpreting definitions in section 7901; and
            ``(3) determining whether a proposed Federal award for life 
        sciences research is subject to the review process of the Board 
        under section 7906(a)(1).
``Sec. 7905. Agency procedures; referral to Board
    ``(a) In General.--
            ``(1) Prohibition.--The head of an agency may not award 
        Federal funding for--
                    ``(A) high-risk life sciences research without 
                approval by the Board under section 7906(a)(1)(B); or
                    ``(B) life sciences research if the Board, in 
                accordance with section 7906(a)(2)(A)(ii), submits 
                notification to the agency under section 
                7906(a)(2)(B)(i) that Board is reviewing the Federal 
                funding for life sciences research under section 
                7906(a) until the date on which the Board makes a final 
                determination with respect to the proposed Federal 
                funding.
            ``(2) Effective date.--Paragraph (1) shall take effect on 
        the date that is 180 days after the date of enactment of this 
        chapter.
    ``(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) for each application for 
                Federal funding in accordance with chapter 31 of title 
                44; 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.
            ``(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).
            ``(3) Board requests.--
                    ``(A) In general.--The Board may request additional 
                information from the head of an agency relating to a 
                notification submitted under paragraph (1).
                    ``(B) Provision of information.--The head of an 
                agency from which the Board request additional 
                information under subparagraph (A) shall provide the 
                information in a timely manner.
    ``(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 high-risk life science research proposals 
                are referred to the Board before the award of Federal 
                funding by the agency;
                    ``(B) no Federal funding for high-risk life 
                sciences research is awarded by the agency without 
                approval by the Board; and
                    ``(C) not later than 30 days before the date on 
                which the head of the agency plans to award the Federal 
                funding, the agency notifies the Board of the proposal 
                for Federal funding; 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) not later than 24 hours after the 
                identification of the change in circumstance, pause the 
                life sciences research in progress; and
                    ``(B) not later than 5 days after the date of the 
                identification of the change in circumstance, submit to 
                the head of the agency a written notification through 
                an electronic or nonelectronic communication method 
                that--
                            ``(i) notifies the head of the agency of 
                        the possibility that the life sciences research 
                        in progress may constitute high-risk life 
                        sciences research; and
                            ``(ii) includes a detailed description of 
                        each change in circumstance that may transform 
                        the life sciences research in progress into 
                        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 knowingly fails to 
        make a true attestation under subsection (b)(1) or promptly 
        notify the agency of a change in circumstance in accordance 
        with subsection (f)(1), the head of the agency shall refer the 
        entity to the appropriate entity for suspension and debarment 
        proceedings relating to the receipt of Federal funding.
            ``(2) Referral to inspector general.--The Board shall refer 
        any employee of an agency responsible for overseeing and 
        reviewing research proposals relating to Federal funding that 
        knowingly fails to comply with subsection (b)(3) to the 
        inspector general of the agency.
            ``(3) Employee discipline.--
                    ``(A) In general.--The head of an agency employing 
                an employee who knowingly 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 in accordance 
                        with chapter 75 of title 5 or an equivalent 
                        procedure of the agency; and
                            ``(ii) permanent revocation of any 
                        applicable security clearance held by the 
                        employee.
                    ``(B) Contractor penalty.--In the case of 
                contractor working under a contract with an agency who 
                knowingly violates subsection (b)(1), the head of the 
                agency shall refer the contractor to the appropriate 
                entity for suspension and debarment proceedings 
                relating to the receipt of Federal funding.
                    ``(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 
                        publish on a publicly accessible and searchable 
                        website the amount of violations that have been 
                        committed under clause (i).
    ``(h) Subaward and Subcontractor Disclosure.--
            ``(1) In general.--During the course of high-risk life 
        sciences research in progress performed by an entity supported 
        by Federal funding from an agency, the entity shall--
                    ``(A) continuously disclose to the head of the 
                agency any subcontracts or subawards made or planned to 
                be made with the Federal funding; and
                    ``(B) obtain consent from the head of the agency 
                before awarding a subcontract or award described in 
                subparagraph (A).
            ``(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 
                high-risk 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 of--
                            ``(i) the agency;
                            ``(ii) the entity performing the high-risk 
                        life sciences research; and
                            ``(iii) any subcontractor or 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 the Board receives 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 high-
                risk life sciences 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 high-risk 
                life sciences research in progress; and
                    ``(C) by a majority vote, determine with respect to 
                the high-risk life sciences research funded by the 
                proposed Federal funding or Federal funding for high-
                risk life sciences 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) Proposed life sciences research.--
                    ``(A) In general.--With respect to proposed Federal 
                funding by an agency for life sciences research, the 
                Board may--
                            ``(i) review the proposed Federal funding; 
                        and
                            ``(ii) determine whether the Board should 
                        review the proposed Federal funding in 
                        accordance with paragraph (1).
                    ``(B) Notification.--If the Board makes a positive 
                determination under subparagraph (A)(ii) with respect 
                to proposed Federal funding by an agency--
                            ``(i) the Board shall notify the head of 
                        the agency; and
                            ``(ii) the head of the agency may not award 
                        the proposed Federal funding until the date on 
                        which the Board makes a final determination 
                        with respect to the proposed Federal funding 
                        under paragraph (1).
            ``(3) Past funding.--With respect to life sciences research 
        performed with Federal funding awarded by an agency before the 
        date of enactment of this chapter, the Board may review and 
        audit the research in order to assess the compliance of the 
        agency with the provisions of this chapter.
            ``(4) Ongoing funding for life sciences research.--With 
        respect to Federal funding for life sciences research in 
        progress awarded by an agency before the date of enactment of 
        this Act that the Board determines may constitute high-risk 
        life sciences research, the Board may--
                    ``(A) direct the agency to temporarily suspend the 
                Federal funding;
                    ``(B) require the agency to provide complete 
                information on the Federal funding in order for the 
                Board to complete a review of the life sciences 
                research under paragraph (1); and
                    ``(C) by a majority vote of members of the Board, 
                determine whether the agency may continue the Federal 
                funding.
    ``(b) Considerations.--
            ``(1) In general.--In making a determination under 
        subsection (a)(1)(B), the Board shall consider, with respect to 
        the high-risk life sciences research that will be conducted 
        with the proposed Federal funding or high-risk life sciences 
        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 at least in part in a foreign country;
                    ``(G) the reasonably anticipated material risks of 
                the research;
                    ``(H) the reasonably anticipated information risks 
                of the research;
                    ``(I) the reasonably anticipated benefits of the 
                research;
                    ``(J) whether the reasonably anticipated benefits 
                of the research outweigh the reasonably anticipated 
                risks; and
                    ``(K) whether the benefits of the research 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 subsection (a)(1)(B).
    ``(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) with respect to Federal funding by an agency, the 
        Executive Director of the Board shall notify the head of the 
        agency of the determination.
            ``(2) Board consultation.--
                    ``(A) In general.--Not later than 10 days after 
                receiving a notification from the Board under paragraph 
                (1), the head of an agency may request a meeting with 
                the Board to discuss the determination of the Board.
                    ``(B) Board response.--The Board shall schedule a 
                meeting requested by the head of an agency under 
                subparagraph (A) in a timely manner.
            ``(3) 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) Request for Expedited Review.--
            ``(1) Definition.--In this subsection, the term `emergency 
        research' means high-risk life sciences research submitted to 
        the Board that relates to a public health emergency or 
        addresses a specific national security concern.
            ``(2) Request; notification.--The head of an agency seeking 
        expedited review from the Board to award Federal funding for 
        emergency research shall--
                    ``(A) include a request for expedited review in the 
                notification required under section 7905(c); and
                    ``(B) on the date of the notification described in 
                subparagraph (A), submit to the Board and the 
                appropriate congressional committees a notification 
                that explains why the specific public health emergency 
                or national security concern necessitates expedited 
                review under this subsection.
            ``(3) Internal process.--The Board shall establish an 
        internal process under which the Board will give proposed 
        emergency research expedited review under this section.
            ``(4) Temporary emergency research.--If the Board does not 
        notify the head of an agency with a determination under 
        subsection (a)(1)(B) with respect to proposed emergency 
        research by the 15 days after the date on which the head of the 
        agency submits a request under paragraph (2)(A), the head of 
        the agency may award Federal funding for the emergency research 
        on a temporary basis.
    ``(e) Scientific Expert Panels.--
            ``(1) In general.--The Board may establish a scientific 
        panel of nongovernmental 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, qualifications, and any identified 
                or perceived conflicts of interest 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.--
            ``(1) In general.--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 a report, 
        which shall include a classified annex, summarizing, with 
        respect to each determination by the Board under this section 
        relating to high-risk life sciences research--
                    ``(A) the findings of the Board;
                    ``(B) the determination of the Board;
                    ``(C) the name and location of the entity proposing 
                the life sciences research;
                    ``(D) 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
                    ``(E) 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.
            ``(2) Public report.--On the date on which the Board 
        submits a report required under paragraph (1), the Board shall 
        make the report, other than the classified annex included in 
        the report, available on a website.
    ``(g) Effective Date.--This section shall take effect on the date 
that is 270 days after the date of enactment of this chapter.
``Sec. 7907. GAO Audits
    ``The Comptroller General of the United States shall periodically 
audit the Board.
``Sec. 7908. Funding
    ``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) Clerical Amendment.--The table of chapters for subtitle V of 
title 31, United States Code, is amended by adding at the end the 
following:

``79.  Life Sciences Research Security Board................    7901''.
    (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.''.
                                                       Calendar No. 667

118th CONGRESS

  2d Session

                                S. 4667

                          [Report No. 118-264]

_______________________________________________________________________

                                 A BILL

 To amend title 31, United States Code, to establish the Life Sciences 
            Research Security Board, and for other purposes.

_______________________________________________________________________

                            December 5, 2024

                       Reported with an amendment
```