II 

118TH CONGRESS 

2D SESSION S. 4667 

To amend title 31, United States Code, to establish the Life Sciences 

Research Security Board, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 10, 2024 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend title 31, United States Code, to establish the 

Life Sciences Research Security Board, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Risky Research Review 

5 Act’’. 

6 SEC. 2. LIFE SCIENCES RESEARCH SECURITY BOARD. 

7 (a) IN GENERAL.—Subtitle V of title 31, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘CHAPTER 79—LIFE SCIENCES RESEARCH 

2 SECURITY BOARD 

3 ‘‘§ 7901. Definitions 

4 ‘‘In this chapter: 

5 ‘‘(1) AGENCY.—The term ‘agency’ has the 

6 meaning given the term in section 552(f) of title 5. 

7 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘appropriate congressional com9 mittees’ means the Committee on Homeland Secu10 rity and Governmental Affairs of the Senate and the 

11 Committee on Oversight and Accountability of the 

12 House of Representatives. 

13 ‘‘(3) BOARD.—The term ‘Board’ means the 

14 Life Sciences Research Security Board established 

15 under section 7902(a). 

16 ‘‘(4) DUAL USE.—The term ‘dual use’, with re17 spect to research, means research that, based on 

18 current understanding as of the date of research, 

19 can be reasonably anticipated to provide knowledge, 

20 information, products, or technologies that could di21 rectly or with only minor modification be misapplied 

22 to pose a significant threat with broad potential con23 sequences to public health and safety, agricultural 

24 crops or other plants, animals, materiel, or national 

25 security. 


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1 ‘‘(5) EMPLOYEE.— 

2 ‘‘(A) IN GENERAL.—The term ‘em3 ployee’— 

4 ‘‘(i) means an employee of an agency; 

5 and 

6 ‘‘(ii) includes an individual, other than 

7 an employee of an agency, working under 

8 a contract with an agency. 

9 ‘‘(B) RULE OF CONSTRUCTION.—With re10 spect to an individual described in subpara11 graph (A)(ii), solely for the purposes of this 

12 chapter, the agency that has entered into the 

13 contract under which the employee is working 

14 shall be construed to be the agency employing 

15 the employee. 

16 ‘‘(6) FEDERAL FUNDING.—The term ‘Federal 

17 funding’— 

18 ‘‘(A) means amounts awarded by an agen19 cy pursuant to a grant, cooperative agreement, 

20 interagency agreement, contract, or other in21 strument; and 

22 ‘‘(B) includes— 

23 ‘‘(i) an in-kind contribution by an 

24 agency used for life sciences research pur25 poses; and 


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1 ‘‘(ii) research conducted by an agency 

2 to which funds were appropriated for con3 ducting research. 

4 ‘‘(7) GAIN OF FUNCTION RESEARCH.—The 

5 term ‘gain of function research’ means research that 

6 has the potential to enhance the transmissibility or 

7 virulence of a potential pandemic pathogen. 

8 ‘‘(8) HIGH-RISK LIFE SCIENCES RESEARCH.— 

9 The term ‘high-risk life sciences research’— 

10 ‘‘(A) means life sciences research that— 

11 ‘‘(i) has a potential dual use nature; 

12 or 

13 ‘‘(ii) could pose a threat to public 

14 health, safety, or national security; and 

15 ‘‘(B) includes— 

16 ‘‘(i) gain of function research; 

17 ‘‘(ii) research involving a potential 

18 pandemic pathogen, including genetic 

19 modification of a potential pandemic 

20 pathogen and the synthetic creation of a 

21 potential pandemic pathogen; and 

22 ‘‘(iii) an activity involving the collec23 tion or surveillance of a potential pandemic 

24 pathogen. 


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1 ‘‘(9) LIFE SCIENCES RESEARCH.—The term 

2 ‘life sciences research’ means research in agricul3 tural biotechnology, biogenerics, bioinformatics, bio4 medical engineering, biopharmaceuticals, academic 

5 medical centers, biotechnology, chemical synthesis, 

6 chemistry technology, medical diagnostics, genomics, 

7 medical image analysis, marine biology, medical de8 vices, medical nanotechnology, natural product phar9 maceuticals proteomics, regenerative medicine, RNA 

10 interference, stem cell research, medical and neuro11 logical clinical trials, health robotics, and veterinary 

12 science. 

13 ‘‘(10) POTENTIAL PANDEMIC PATHOGEN.—The 

14 term ‘potential pandemic pathogen’— 

15 ‘‘(A) means a virus, natural or synthetic, 

16 bacteria, fungus, prion, or eukaryotic parasite, 

17 or any strain or variant of a virus, bacterium, 

18 fungus, prion, or eukaryotic parasite— 

19 ‘‘(i) that— 

20 ‘‘(I) is reasonably anticipated to 

21 be moderately or highly transmissible 

22 and likely capable of wide and uncon23 trollable spread in human populations; 

24 and 


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1 ‘‘(II) is described in clause (ii) or 

2 (iii); and 

3 ‘‘(ii) reasonably anticipated to be of 

4 low, moderate, or high virulence and likely 

5 to cause significant morbidity or mortality 

6 in humans; or 

7 ‘‘(iii) reasonably anticipated to pose a 

8 severe threat to public health, the capacity 

9 of public health systems to function, or na10 tional security if allowed to spread within 

11 the general population; and 

12 ‘‘(B) includes— 

13 ‘‘(i) subject to subparagraph (C), in14 fluenza viruses; 

15 ‘‘(ii) sarbecoviruses; 

16 ‘‘(iii) merbecoviruses; 

17 ‘‘(iv) henipaviruses, including Nipah 

18 virus; 

19 ‘‘(v) filoviruses; 

20 ‘‘(vi) arenaviruses; 

21 ‘‘(vii) orthopoxviruses; 

22 ‘‘(viii) Yersinia pestis; 

23 ‘‘(ix) any synthetic construct of such 

24 viruses; and 


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1 ‘‘(x) a select agent or toxin, work with 

2 which poses a significant risk of deliberate 

3 misuse; and 

4 ‘‘(C) does not include seasonal influenza 

5 viruses, unless such viruses have been manipu6 lated to include genetic sequences from a poten7 tial pandemic pathogen. 

8 ‘‘(11) SELECT AGENT OR TOXIN.—The term 

9 ‘select agent or toxin’ means an agent or toxin iden10 tified under— 

11 ‘‘(A) section 73.3(b) of title 42, Code of 

12 Federal Regulations, as in effect on the date of 

13 enactment of the Risky Research Review Act; 

14 ‘‘(B) section 331.3(b) of title 7, Code of 

15 Federal Regulations, as in effect on the date of 

16 enactment of the Risky Research Review Act; 

17 or 

18 ‘‘(C) section 121.3(b) of title 9, Code of 

19 Federal Regulations, as in effect on the date of 

20 enactment of the Risky Research Review Act. 

21 ‘‘§ 7902. Establishment and membership 

22 ‘‘(a) ESTABLISHMENT.—There is established as an 

23 independent agency within the Executive Branch a board 

24 to be known as the ‘Life Sciences Research Security 


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1 Board’ to review proposed Federal funding for life sciences 

2 research in accordance with section 7906. 

3 ‘‘(b) APPOINTMENT OF MEMBERS.— 

4 ‘‘(1) IN GENERAL.—The President, by and with 

5 the advice and consent of the Senate, shall appoint, 

6 without regard to political affiliation, 9 individuals 

7 who are citizens of the United States to serve as 

8 members of the Board for not more than 2 terms of 

9 4 years each, including— 

10 ‘‘(A) the Executive Director appointed 

11 under section 7903(a); 

12 ‘‘(B) 5 nongovernmental scientists in a life 

13 sciences field; and 

14 ‘‘(C) 2 nongovernmental national security 

15 experts. 

16 ‘‘(2) PERIOD FOR NOMINATIONS.—The Presi17 dent shall make nominations to the Board not later 

18 than 30 days after the date of enactment of this 

19 chapter. If the Senate votes not to confirm a nomi20 nation to the Board, the President shall make an 

21 additional nomination not later than 10 days after 

22 such vote by the Senate. 

23 ‘‘(3) CONSIDERATIONS OF RECOMMENDA24 TIONS.—The President shall make nominations to 

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1 ommended by the Chair and Ranking Member of the 

2 appropriate congressional committees. 

3 ‘‘(4) QUALIFICATIONS.—Individuals nominated 

4 to the Board— 

5 ‘‘(A) shall— 

6 ‘‘(i) be impartial individuals; and 

7 ‘‘(ii) be distinguished individuals of 

8 high national professional reputation in 

9 their respective fields who are capable of 

10 exercising the independent and objective 

11 judgment necessary to conduct an impar12 tial assessment of the potential risks and 

13 benefits associated with Federal funding of 

14 life sciences research to public health and 

15 national security; and 

16 ‘‘(B) may not be an employee of the Fed17 eral Government on the date of the appoint18 ment or during the 3-year period preceding the 

19 date of the appointment. 

20 ‘‘(5) LIMITATIONS.—Not more than 4 concur21 rent members of the Board may be employed by, a 

22 subcontractor of, a previous employee of, or a pre23 vious subcontractor of— 

24 ‘‘(A) the Department of Defense; 


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1 ‘‘(B) the Department of Homeland Secu2 rity; 

3 ‘‘(C) the National Institute of Allergy and 

4 Infectious Diseases of the Department of 

5 Health and Human Services; 

6 ‘‘(D) the Office of the Director of National 

7 Intelligence; or 

8 ‘‘(E) the Department of Energy. 

9 ‘‘(6) CONSIDERATION BY THE SENATE.— 

10 ‘‘(A) IN GENERAL.—Nominations for ap11 pointment to the Board shall be referred to the 

12 Committee on Homeland Security and Govern13 mental Affairs of the Senate for consideration. 

14 ‘‘(B) RENOMINATION.—A member of the 

15 Board who is recommended to serve a second 

16 term shall be nominated for appointment to the 

17 Board, and such nomination shall be referred 

18 pursuant to subparagraph (A). 

19 ‘‘(7) VACANCY.—Not later than 30 days after 

20 the date on which a vacancy on the Board occurs, 

21 the vacancy shall be filled in the same manner as 

22 specified for the original appointment. 

23 ‘‘(8) REMOVAL.— 


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1 ‘‘(A) IN GENERAL.—No member of the 

2 Board shall be removed from office, other than 

3 by— 

4 ‘‘(i) impeachment and conviction; 

5 ‘‘(ii) the action of the President for 

6 inefficiency, neglect of duty, malfeasance in 

7 office, physical disability, mental inca8 pacity, or any other condition that sub9 stantially impairs the performance of the 

10 member’s duties; or 

11 ‘‘(iii) the Board in accordance with 

12 subparagraph (B). 

13 ‘‘(B) ACTION BY BOARD.—If the Director 

14 of the Office of Government Ethics determines 

15 that participation by a member of the Board in 

16 high-risk life sciences research constitutes a 

17 conflict of interest, the Board shall take steps 

18 to mitigate or manage the conflict, which may 

19 include removal. 

20 ‘‘(C) NOTICE OF REMOVAL BY PRESI21 DENT.— 

22 ‘‘(i) IN GENERAL.—In the case of the 

23 removal of a member of the Board by the 

24 President as described in subparagraph 

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1 moval, the President shall submit to the 

2 Chair and Ranking Members of the appro3 priate congressional committees a report 

4 specifying the facts found and the grounds 

5 for removal. 

6 ‘‘(ii) PUBLICATION OF REPORT.—The 

7 President shall publish in the Federal Reg8 ister each report submitted under clause 

9 (i), except that the President may, if nec10 essary to protect the rights of a person 

11 named in the report or to prevent undue 

12 interference with any pending prosecution, 

13 postpone or refrain from publicly pub14 lishing any or all of the report until the 

15 completion of such pending cases or pursu16 ant to privacy protection requirements in 

17 law. 

18 ‘‘(c) MANDATORY CONFLICTS OF INTEREST RE19 VIEW.— 

20 ‘‘(1) IN GENERAL.—The Director of the Office 

21 of Government Ethics shall— 

22 ‘‘(A) not later than 180 days after the date 

23 of the enactment of this chapter, and upon an 

24 appointment of a member to the Board under 

25 subsection (a)(1) thereafter, conduct a review of 


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1 each individual nominated and appointed to the 

2 Board to ensure such individual does not have 

3 any conflict of interest; and 

4 ‘‘(B) periodically thereafter, conduct a re5 view of each individual nominated and ap6 pointed to the Board to ensure the individual 

7 does not have any conflict of interest during the 

8 term of service of the individual. 

9 ‘‘(2) NOTIFICATION.— 

10 ‘‘(A) IN GENERAL.—Not later than 3 days 

11 after the date on which the Director of the Of12 fice of Government Ethics becomes aware that 

13 a member of the Board possesses a potential 

14 conflict of interest to the mission of the Board, 

15 the Director shall notify the Chair and Ranking 

16 Members of the appropriate congressional com17 mittees of the potential conflict of interest. 

18 ‘‘(B) NOTIFICATION BY MEMBER.—Not 

19 later than 30 days after the date on which a 

20 member of the Board becomes aware that an21 other member of the Board possesses a poten22 tial conflict of interest to the mission of the 

23 Board, the member of the Board or the Execu24 tive Director of the Board shall notify the Chair 

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1 gressional committees of the potential conflict 

2 of interest. 

3 ‘‘(d) SECURITY CLEARANCES.—All members of the 

4 Board shall be granted all the necessary security clear5 ances and accesses, including to relevant Presidential and 

6 department or agency special access and compartmented 

7 access programs, in an accelerated manner subject to the 

8 standard procedures for granting such clearances. All 

9 nominees for appointment to the Board shall qualify for 

10 the necessary security clearances and accesses prior to 

11 being considered for confirmation by the Committee on 

12 Homeland Security and Governmental Affairs of the Sen13 ate. 

14 ‘‘(e) PARTICIPATION IN HIGH-RISK LIFE SCIENCES

15 RESEARCH.— 

16 ‘‘(1) DISCLOSURE REQUIRED.—A member of 

17 the Board shall disclose whether the member has 

18 participated in or is currently participating in high19 risk life sciences research. 

20 ‘‘(2) CONFLICTS OF INTEREST.— 

21 ‘‘(A) IN GENERAL.—The participation in 

22 high-risk life sciences research by a member of 

23 the Board— 

24 ‘‘(i) shall be considered a potential 

25 conflict of interest; and 


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1 ‘‘(ii) shall be subject to scrutiny by 

2 the Director of the Office of Government 

3 Ethics. 

4 ‘‘(B) DETERMINATION.—If the Director of 

5 the Office of Government Ethics determines 

6 that participation by a member of the Board in 

7 high-risk life sciences research constitutes a 

8 conflict of interest, the Board shall take steps 

9 to mitigate or manage the conflict, which may 

10 include— 

11 ‘‘(i) the recusal of the affected mem12 ber from relevant discussions and deter13 minations; and 

14 ‘‘(ii) removal of the affected member 

15 from the Board. 

16 ‘‘(f) COMPENSATION OF MEMBERS.— 

17 ‘‘(1) IN GENERAL.—Subject to such rules as 

18 may be adopted by the Board, without regard to the 

19 provisions of title 5 governing appointments in the 

20 competitive service and without regard to the provi21 sions of chapter 51 and subchapter III of chapter 53 

22 of that title relating to classification and General 

23 Schedule pay rates, a member of the Board, other 

24 than the Executive Director, shall be compensated at 

25 a rate— 


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1 ‘‘(A) proposed by the Executive Director 

2 and approved by the Board; 

3 ‘‘(B) not to exceed the rate of basic pay 

4 for level II of the Executive Schedule; and 

5 ‘‘(C) that is commensurate with— 

6 ‘‘(i) the time a member of the Board 

7 spends engaged in the performance of du8 ties on the Board; and 

9 ‘‘(ii) necessary traveling expenses. 

10 ‘‘(2) OUTSIDE EMPLOYMENT.—Subject to terms 

11 and approval determined by the Director of the Of12 fice of Government Ethics, a member of the Board 

13 may maintain outside employment and affiliations 

14 while serving on the Board. 

15 ‘‘(g) OVERSIGHT.— 

16 ‘‘(1) SENATE.—The Committee on Homeland 

17 Security and Governmental Affairs of the Senate 

18 shall— 

19 ‘‘(A) have continuing legislative oversight 

20 jurisdiction in the Senate with respect to the of21 ficial conduct of the Board and agency compli22 ance with requirements issued by the Board; 

23 and 

24 ‘‘(B) have access to any records provided 

25 to or created by the Board. 


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1 ‘‘(2) HOUSE OF REPRESENTATIVES.—The Com2 mittee on Oversight and Accountability of the House 

3 of Representatives shall— 

4 ‘‘(A) have continuing legislative oversight 

5 jurisdiction in the House of Representatives 

6 with respect to the official conduct of the Board 

7 and agency compliance with requirements 

8 issued by the Board; and 

9 ‘‘(B) have access to any records provided 

10 to or created by the Board. 

11 ‘‘(3) DUTY TO COOPERATE.—The Board shall 

12 have the duty to cooperate with the exercise of over13 sight jurisdiction described in this subsection. 

14 ‘‘(4) SECURITY CLEARANCES.—The Chair and 

15 Ranking Members of the appropriate congressional 

16 committees, and designated committee staff, shall be 

17 granted all security clearances and accesses held by 

18 the Board, including to relevant Presidential and de19 partment or agency special access and compart20 mented access programs. 

21 ‘‘(h) OFFICE SPACE.—In selecting office space for 

22 the Board, the Board shall exhaust options for unused of23 fice spaces owned by the Federal Government as of the 

24 date of enactment of this chapter. 


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1 ‘‘§ 7903. Board personnel 

2 ‘‘(a) EXECUTIVE DIRECTOR.— 

3 ‘‘(1) APPOINTMENT.—Not later than 45 days 

4 after the date of the enactment of this chapter, the 

5 President shall appoint 1 individual who is a citizen 

6 of the United States, without regard to political af7 filiation, to the position of Executive Director of the 

8 Board for a term of 4 years. 

9 ‘‘(2) QUALIFICATIONS.—The individual ap10 pointed as Executive Director under paragraph (1) 

11 shall be a private individual of integrity and impar12 tiality who— 

13 ‘‘(A) is a distinguished scientist in a life 

14 sciences field; and 

15 ‘‘(B) is not, and has not been for the 3- 

16 year period preceding the date of the appoint17 ment— 

18 ‘‘(i) an employee of the Federal Gov19 ernment; or 

20 ‘‘(ii) a participant in high-risk life 

21 sciences research supported by Federal 

22 funding. 

23 ‘‘(3) SECURITY CLEARANCES.— 

24 ‘‘(A) IN GENERAL.—A candidate for Exec25 utive Director shall be granted all security 

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1 cluding to relevant Presidential and department 

2 or agency special access and compartmented ac3 cess programs in an accelerated manner, sub4 ject to the standard procedures for granting 

5 such clearances. 

6 ‘‘(B) QUALIFICATION PRIOR TO APPOINT7 MENT.—The President shall ensure that a can8 didate for Executive Director qualifies for the 

9 security clearances and accesses described in 

10 subparagraph (A) prior to appointment. 

11 ‘‘(4) FUNCTIONS.—The Executive Director 

12 shall— 

13 ‘‘(A) serve as principal liaison to Congress 

14 and agencies; 

15 ‘‘(B) serve as Chair of the Board; 

16 ‘‘(C) be responsible for the administration 

17 and coordination of the responsibilities of the 

18 Board; and 

19 ‘‘(D) be responsible for the administration 

20 of all official activities conducted by the Board. 

21 ‘‘(5) REMOVAL.—Notwithstanding section 

22 7902(b)(8), the Executive Director shall not be re23 moved for reasons other than for cause on the 

24 grounds of inefficiency, neglect of duty, malfeasance 

25 in office, physical disability, mental incapacity, or 


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1 any other condition that substantially impairs the 

2 performance of the responsibilities of the Executive 

3 Director or the staff of the Board. 

4 ‘‘(6) TERMS.—An Executive Director shall not 

5 serve more than 2 terms. 

6 ‘‘(b) STAFF.— 

7 ‘‘(1) IN GENERAL.—The Board, without regard 

8 to the civil service laws, may appoint additional per9 sonnel as necessary to enable the Board and the Ex10 ecutive Director to perform the duties of the Board. 

11 ‘‘(2) QUALIFICATIONS.—Each individual ap12 pointed to the staff of the Board— 

13 ‘‘(A) shall be a citizen of the United States 

14 of integrity and impartiality; 

15 ‘‘(B) shall have expertise in the life 

16 sciences field or the national security field; and 

17 ‘‘(C) may not be a participant in any fed18 erally funded research activity on the date of 

19 the appointment or during the course of service 

20 of the individual on the Board. 

21 ‘‘(3) SECURITY CLEARANCES.— 

22 ‘‘(A) IN GENERAL.—A candidate for ap23 pointment to the staff of the Board shall be 

24 granted all security clearances and accesses 

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1 dential and department or agency special access 

2 and compartmented access programs, in an ac3 celerated manner, subject to the standard pro4 cedures for granting such clearances. 

5 ‘‘(B) CONDITIONAL EMPLOYMENT.— 

6 ‘‘(i) IN GENERAL.—The Board may 

7 offer conditional employment to a can8 didate for a staff position of the Board 

9 pending the completion of security clear10 ance background investigations. During 

11 the pendency of such investigations, the 

12 Board shall ensure that any such employee 

13 does not have access to, or responsibility 

14 involving, classified or otherwise restricted 

15 materials. 

16 ‘‘(ii) UNQUALIFIED STAFF.—If an in17 dividual hired on a conditional basis under 

18 clause (i) is denied or otherwise does not 

19 qualify for all security clearances necessary 

20 to carry out the responsibilities of the posi21 tion for which conditional employment has 

22 been offered, the Board shall immediately 

23 terminate the individual’s employment. 

24 ‘‘(4) SUPPORT FROM AGENCIES.— 


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1 ‘‘(A) IN GENERAL.—The head of each 

2 agency shall designate not less than 1 full-time 

3 employee of the agency as the representative of 

4 the agency to— 

5 ‘‘(i) provide technical assistance to the 

6 Board; and 

7 ‘‘(ii) support the review process of the 

8 Board with respect to the agency under 

9 section 7906 in a non-voting staff capacity. 

10 ‘‘(B) PROHIBITION.—A representative des11 ignated under subparagraph (A) and any em12 ployee of an agency may not directly or indi13 rectly influence in any capacity a determination 

14 by the Board under section 7906 with respect 

15 to life sciences research funded by the agency. 

16 ‘‘(c) COMPENSATION.—Subject to such rules as may 

17 be adopted by the Board, without regard to the provisions 

18 of title 5 governing appointments in the competitive serv19 ice and without regard to the provisions of chapter 51 and 

20 subchapter III of chapter 53 of that title relating to classi21 fication and General Schedule pay rates, the Executive Di22 rector shall— 

23 ‘‘(1) be compensated at a rate not to exceed the 

24 rate of basic pay for level II of the Executive Sched25 ule; 


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1 ‘‘(2) serve the entire tenure as Executive Direc2 tor as one full-time employee; and 

3 ‘‘(3) appoint and fix the compensation of such 

4 other personnel as may be necessary to carry out 

5 this chapter. 

6 ‘‘§ 7904. Board mission and functions 

7 ‘‘(a) MISSION.—The mission of the Board shall be 

8 to issue an independent determination as to whether an 

9 agency may award Federal funding for proposed life 

10 sciences research, which shall be binding upon the agency. 

11 ‘‘(b) POWERS.—The Board shall have the authority 

12 to act in a manner to carry out the mission described in 

13 subsection (a), including authority to— 

14 ‘‘(1) prescribe regulations to carry out the re15 sponsibilities of the Board; 

16 ‘‘(2) establish a process for the review of Fed17 eral funding for life sciences research prior to the 

18 award of the Federal funding, which shall be binding 

19 upon an agency, including information designated as 

20 classified or otherwise protected from disclosure; 

21 ‘‘(3) direct an agency to make available to the 

22 Board additional information and records, including 

23 information designated as classified or otherwise 

24 protected from disclosure, that the Board determines 


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1 are required to fulfill the functions and responsibil2 ities Board under this chapter; 

3 ‘‘(4) review any classified research conducted or 

4 funded by any agency to determine whether the re5 search would be considered high-risk life sciences re6 search; 

7 ‘‘(5) through the promulgation of regulations, 

8 establish processes, policies, and procedures of the 

9 Board for rendering decisions under this chapter; 

10 and 

11 ‘‘(6) by majority vote, add an agent or toxin to 

12 the definition of ‘agent or toxin’ under section 7901. 

13 ‘‘(c) INITIAL REQUIREMENTS.—The Board shall— 

14 ‘‘(1) not later than 90 days after the date of 

15 appointment of the initial members of the Board 

16 under section 7902, publish procedures in the Fed17 eral Register establishing the process for the review 

18 by the Board under section 7906 ; 

19 ‘‘(2) prior to the establishment of the proce20 dures under paragraph (1), consult with the appro21 priate congressional committees and heads of agen22 cies for purposes of developing such procedures; and 

23 ‘‘(3) not later than 180 days after the date of 

24 the enactment of this chapter, begin carrying out the 

25 duties described in section 7906. 


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1 ‘‘(d) RESPONSIVENESS TO CONGRESS.—Notwith2 standing any other provision of law, not later than 30 days 

3 after the date on which the Board receives a request for 

4 information from a Member of Congress, the Board shall 

5 respond to the request. 

6 ‘‘(e) CONGRESSIONAL BRIEFINGS.—Not less fre7 quently than quarterly, the Board shall brief the appro8 priate congressional committees on the work of the Board. 

9 ‘‘§ 7905. Agency procedures; referral to Board 

10 ‘‘(a) IN GENERAL.—Beginning 180 days after the 

11 date of enactment of this chapter, the head of an agency— 

12 ‘‘(1) may not award Federal funding for high13 risk life sciences research without approval by the 

14 Board under section 7906(a)(1)(B); and 

15 ‘‘(2) may not award Federal funding for life 

16 sciences research disapproved of by the Board under 

17 section 7906(a)(2)(A)(i)(II). 

18 ‘‘(b) HIGH-RISK ATTESTATION; SELECT AGENT OR

19 TOXIN DISCLOSURE; CERTIFICATION.— 

20 ‘‘(1) IN GENERAL.—An entity seeking Federal 

21 funding from an agency for life sciences research 

22 shall, under the penalty of perjury— 

23 ‘‘(A) attest whether— 

24 ‘‘(i) the life sciences research will con25 stitute high-risk life sciences research; and 


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1 ‘‘(ii) the entity is performing active 

2 research with a select agent or toxin; and 

3 ‘‘(B) if the entity is makes a positive attes4 tation under subparagraph (A), disclose the 

5 source of funding for all active research. 

6 ‘‘(2) ACTIVE RESEARCH WITH SELECT AGENTS

7 OR TOXINS.— 

8 ‘‘(A) IN GENERAL.—The head of an agen9 cy that receives a disclosure from an entity 

10 under paragraph (1)(B) shall submit to the 

11 Board the disclosure. 

12 ‘‘(B) BOARD INQUIRIES.—The Board may 

13 contact an entity that submits a disclosure 

14 under paragraph (1)(B) to request additional 

15 information relating to the disclosure. 

16 ‘‘(3) AGENCY CERTIFICATION.— 

17 ‘‘(A) POSITIVE ATTESTATIONS.—The head 

18 of an agency making an award of Federal fund19 ing to an entity that makes a positive attesta20 tion under paragraph (1)(A)(i) shall— 

21 ‘‘(i) submit to the Board the high-risk 

22 life sciences proposal; and 

23 ‘‘(ii) using the process established by 

24 the head of the agency under paragraph 

25 (4), certify the validity of the attestation. 


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1 ‘‘(B) NEGATIVE ATTESTATIONS.—The 

2 head of an agency making an award of Federal 

3 funding to an entity that makes a negative at4 testation under paragraph (1)(A)(i) shall— 

5 ‘‘(i) review the attestation; and 

6 ‘‘(ii) using the process established by 

7 the head of the agency under paragraph 

8 (4), certify the validity of the attestation. 

9 ‘‘(4) PROCESS FOR REVIEW.—The head of each 

10 agency that awards Federal funding for life sciences 

11 research, in consultation with the Board, shall estab12 lish and implement a process for identifying pro13 posals from entities seeking Federal funding for life 

14 sciences research from the agency that will con15 stitute high-risk life sciences research. 

16 ‘‘(5) MAINTENANCE OF RECORDS.—The head of 

17 each agency shall— 

18 ‘‘(A) maintain records of the certification 

19 process described in paragraph (3)(B) for each 

20 application for Federal funding; and 

21 ‘‘(B) make the records maintained under 

22 subparagraph (A) available for audit and review 

23 upon request by the Board. 

24 ‘‘(c) NOTIFICATION.— 


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1 ‘‘(1) IN GENERAL.—Not later than 30 days be2 fore the date on which the head of an agency plans 

3 to award Federal funding to an entity for life 

4 sciences research, the head of the agency shall sub5 mit to the Board a notification of the proposed Fed6 eral funding for review under section 7906(a). 

7 ‘‘(2) CONTENTS.—The notification of Federal 

8 funding for life sciences research required under 

9 paragraph (1) shall include the attestation and cer10 tification required under subsection (b). 

11 ‘‘(d) AGENCY PROCEDURES.—Not later than 180 

12 days after the date on which the Board publishes the proc13 ess of the Board in the Federal Register pursuant to sec14 tion 7904(c), the head of each agency shall publish on the 

15 website of the agency prepayment and preaward proce16 dures of the agency with respect to Federal funding for 

17 life sciences research to— 

18 ‘‘(1) guarantee that— 

19 ‘‘(A) all life science research proposals are 

20 referred to the Board before the award of Fed21 eral funding by the agency; and 

22 ‘‘(B) no Federal funding for high-risk life 

23 sciences research is awarded by the agency 

24 without approval by the Board; and 


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1 ‘‘(2) otherwise ensure compliance with this 

2 chapter. 

3 ‘‘(e) PROVISION OF ADDITIONAL INFORMATION.— 

4 Upon request by the Board, the head of an agency shall 

5 provide any information relating to Federal funding 

6 awards for life sciences research determined necessary by 

7 the Board to provide oversight of the agency. 

8 ‘‘(f) CHANGE IN CIRCUMSTANCES DURING RE9 SEARCH.—If, during the course of life sciences research 

10 in progress performed by an entity supported by Federal 

11 funding from an agency, circumstances arise such that the 

12 life sciences research in progress may constitute high-risk 

13 life sciences research in contravention to the attestation 

14 of the entity under subsection (b)(1)(A)(i)— 

15 ‘‘(1) the entity shall— 

16 ‘‘(A) pause the life sciences research in 

17 progress; and 

18 ‘‘(B) notify the head of the agency of the 

19 possibility that the life sciences research in 

20 progress may constitute high-risk life sciences 

21 research; and 

22 ‘‘(2) the head of the agency shall— 

23 ‘‘(A) using the process of the agency estab24 lished under subsection (b)(4), determine 


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1 whether the life sciences research in progress 

2 constitutes high-risk life sciences research; 

3 ‘‘(B) if the head of the agency makes a 

4 negative determination under subparagraph 

5 (A), inform the entity that the entity may re6 sume the life sciences research in progress; and 

7 ‘‘(C) if the head of the agency makes a 

8 positive determination under subparagraph (A), 

9 immediately submit to the Board a notification 

10 of the Federal funding of high-risk life sciences 

11 research in progress for review under section 

12 7906(a)(1). 

13 ‘‘(g) ENFORCEMENT.— 

14 ‘‘(1) APPLICANT REQUIREMENTS.—If an entity 

15 seeking or receiving Federal funding from an agency 

16 fails to make a true attestation under subsection 

17 (b)(1) or promptly notify the agency of changes de18 scribed in subsection (f), the inspector general of the 

19 agency may permanently disqualify the entity from 

20 receiving any Federal funding. 

21 ‘‘(2) REFERRAL TO ATTORNEY GENERAL.—The 

22 Board shall refer any official of an agency respon23 sible for overseeing and reviewing research proposals 

24 relating to Federal funding that fails to comply with 


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1 subsection (b)(3) to the inspector general of the 

2 agency. 

3 ‘‘(3) EMPLOYEE DISCIPLINE.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding any 

5 provision of title 5, and subject to subpara6 graph (B), the head of an agency employing an 

7 employee who violates any provision of sub8 section (b)(3) (or, in the case of the head of an 

9 agency who violates any provision of subsection 

10 (b)(3), the President) shall impose on that em11 ployee— 

12 ‘‘(i) disciplinary action consisting of 

13 removal, reduction in grade, suspension, or 

14 debarment from employment with the 

15 United States; 

16 ‘‘(ii) a civil penalty in an amount that 

17 is not less than $10,000; 

18 ‘‘(iii) ineligibility for any annuity 

19 under chapter 83 or 84 of title 5; and 

20 ‘‘(iv) permanent revocation of any ap21 plicable security clearance held by the em22 ployee. 

23 ‘‘(B) SPECIFIC CONTRACTOR DIS24 CIPLINE.—In the case of an individual de25 scribed in section 7901(5) working under a conVerDate Sep 11 2014 04:55 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4667.IS S4667

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1 tract with an agency who violates any provision 

2 of subsection (b)(2), in addition to any dis3 cipline that may be applicable under subpara4 graph (A) of this paragraph, that individual 

5 shall be barred from working under any con6 tract with the Federal Government. 

7 ‘‘(C) EMPLOYEE DISCIPLINE REPORTS.— 

8 ‘‘(i) IN GENERAL.—Not later than 

9 360 days after the date of enactment of 

10 this Act, and not less frequently than once 

11 every 90 days thereafter, the head of each 

12 agency shall submit to the Board and the 

13 appropriate congressional committees a re14 port that discloses, for the period covered 

15 by the report, each violation by an em16 ployee of the agency of subsection (b)(3). 

17 ‘‘(ii) CONTENTS.—Each report sub18 mitted under clause (i) shall include, with 

19 respect to a violation described in that 

20 clause— 

21 ‘‘(I) the name and professional 

22 title of each employee engaged in the 

23 violation; 

24 ‘‘(II) a detailed explanation of 

25 the nature of the violation; and 


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1 ‘‘(III) the date of the violation. 

2 ‘‘(iii) PUBLICATION.—Not later than 

3 5 days after the date on which the Board 

4 receives a report under clause (i), the 

5 Board shall— 

6 ‘‘(I) collect the report and assign 

7 the report a unique tracking number; 

8 and 

9 ‘‘(II) publish on a publicly acces10 sible and searchable website the con11 tents of the report and the tracking 

12 number for the report. 

13 ‘‘(h) SUBAWARD AND SUBCONTRACTOR DISCLO14 SURE.— 

15 ‘‘(1) IN GENERAL.—During the course of life 

16 sciences research in progress performed by an entity 

17 supported by Federal funding from an agency, the 

18 entity shall continuously disclose to the head of the 

19 agency any subcontracts or subawards made with 

20 the Federal funding. 

21 ‘‘(2) AGENCY SUBMISSION.—Not later than 30 

22 days after the date on which the head of an agency 

23 receives a disclosure under paragraph (1), the head 

24 of the agency shall submit to the Board the disclo25 sure. 


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1 ‘‘(3) BOARD INQUIRIES.— 

2 ‘‘(A) IN GENERAL.—The Board may con3 tact an entity that submits a disclosure under 

4 paragraph (1) to request additional information 

5 relating to the disclosure. 

6 ‘‘(B) ACCESS TO REPORTS.—During the 

7 course of life sciences research in progress per8 formed by an entity supported by Federal fund9 ing from an agency, upon request, the Board 

10 shall have access to every annual report— 

11 ‘‘(i) of the agency; 

12 ‘‘(ii) of the entity performing the life 

13 sciences research; and 

14 ‘‘(iii) of any subawardee of an entity 

15 described in clause (ii). 

16 ‘‘§ 7906. Board review 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) HIGH-RISK LIFE SCIENCES RESEARCH.— 

19 Not later than 120 days after the date on which the 

20 Board receives a notification from an agency under 

21 section 7905(c) relating to proposed Federal funding 

22 for life sciences research that constitutes high-risk 

23 life sciences research or a notification from an agen24 cy under section 7905(f)(2)(C) relating to Federal 


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1 funding of research in progress that constitutes 

2 high-risk life sciences research, the Board shall— 

3 ‘‘(A) review the proposed Federal funding 

4 or research in progress; 

5 ‘‘(B) by a majority vote, determine wheth6 er the agency may award the proposed Federal 

7 funding or continue to award the Federal fund8 ing for the research in progress; and 

9 ‘‘(C) by a majority vote, determine with re10 spect to the life sciences research funded by the 

11 proposed Federal funding or Federal funding 

12 for research in progress— 

13 ‘‘(i) the minimum required biosafety 

14 containment level, engineering controls, 

15 and operational controls; 

16 ‘‘(ii) the minimum required biosecu17 rity engineering controls and operational 

18 controls; and 

19 ‘‘(iii) the minimum required personnel 

20 assurance controls. 

21 ‘‘(2) LIFE SCIENCES RESEARCH.— 

22 ‘‘(A) PROPOSED FUNDING.— 

23 ‘‘(i) IN GENERAL.—With respect to 

24 proposed Federal funding by an agency for 

25 life sciences research that does not conVerDate Sep 11 2014 04:55 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S4667.IS S4667

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1 stitute high-risk life sciences research, the 

2 Board may— 

3 ‘‘(I) review the proposed Federal 

4 funding; and 

5 ‘‘(II) by a majority vote, deter6 mine whether the agency may award 

7 the proposed Federal funding. 

8 ‘‘(ii) NOTIFICATION.—If the Board 

9 determines not to permit the award of 

10 Federal funding proposed by an agency 

11 pursuant to clause (i)(II), the Board shall 

12 notify the head of the agency and identify 

13 the factors that contributed to the deter14 mination of the Board. 

15 ‘‘(B) PAST FUNDING.—With respect to 

16 Federal funding that has already been awarded 

17 by an agency for life sciences research that does 

18 not constitute high-risk life sciences research, 

19 the Board may review and audit the life 

20 sciences research. 

21 ‘‘(b) CONSIDERATIONS.— 

22 ‘‘(1) IN GENERAL.—In making a determination 

23 under paragraph (1)(B) and (2)(A)(i)(II) of sub24 section (a), the Board shall consider, with respect to 

25 the life sciences research that will be conducted with 


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1 the proposed Federal funding or research in 

2 progress— 

3 ‘‘(A) whether the research poses a threat 

4 to public health; 

5 ‘‘(B) whether the research poses a threat 

6 to public safety; 

7 ‘‘(C) whether the research has a high prob8 ability of producing benefits for public health; 

9 ‘‘(D) whether the research poses a threat 

10 to large populations of animals, and plants; 

11 ‘‘(E) whether the research poses a threat 

12 to national security; 

13 ‘‘(F) whether the research is proposed to 

14 be conducted in a foreign country; 

15 ‘‘(G) the reasonably anticipated material 

16 risks; 

17 ‘‘(H) the reasonably anticipated informa18 tion risks; 

19 ‘‘(I) the reasonably anticipated benefits; 

20 ‘‘(J) whether the reasonably anticipated 

21 benefits outweigh the reasonably anticipated 

22 risks; and 

23 ‘‘(K) whether the benefits could be ob24 tained through procedures posing lower risks. 


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1 ‘‘(2) WEIGHT OF FACTORS.—The presence or 

2 absence of any factor under paragraph (1) shall not 

3 be decisive with respect to the determination of the 

4 Board under paragraph (1)(B) and (2)(A)(i)(II) of 

5 subsection (a). 

6 ‘‘(c) NOTICE FOLLOWING REVIEW AND DETERMINA7 TION.— 

8 ‘‘(1) AGENCY NOTIFICATION.—Not later than 5 

9 days after the date on which the Board makes a de10 termination under subsection (a)(1)(B), the Execu11 tive Director of the Board shall notify the head of 

12 the agency of the determination. 

13 ‘‘(2) NOTIFICATION TO APPROPRIATE CONGRES14 SIONAL COMMITTEES.—If the Board determines that 

15 the head of an agency may not proceed with an 

16 award of proposed Federal funding under this sec17 tion, the Executive Director of the Board shall no18 tify the appropriate congressional committees when 

19 the Board notifies the head of the agency. 

20 ‘‘(d) BOARD DELEGATION OF DECISIONMAKING TO

21 AUTHORIZED PERSONNEL.— 

22 ‘‘(1) IN GENERAL.—The Board may vote to del23 egate to designated personnel of the Board ap24 pointed under section 7903(b) the authority to de25 termine whether to review proposed Federal funding 


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1 for life sciences research under subsection 

2 (a)(2)(A)(i)(I). 

3 ‘‘(2) POLICIES AND PROCEDURES.—The delega4 tion authorized under paragraph (1) shall be subject 

5 to policies and procedures— 

6 ‘‘(A) unanimously approved by the Board; 

7 ‘‘(B) established in consultation with the 

8 appropriate congressional committees; and 

9 ‘‘(C) published in the Federal Register. 

10 ‘‘(3) HIGH-RISK LIFE SCIENCES RESEARCH AP11 PROVAL.—The Board may not delegate the require12 ment to make a review and determination under 

13 subsection (a)(1)(i) with respect to Federal funding 

14 for high-risk life sciences research. 

15 ‘‘(e) SCIENTIFIC EXPERT PANELS.— 

16 ‘‘(1) IN GENERAL.—The Board may establish a 

17 scientific panel of experts to advise the Board in the 

18 review by the Board of life sciences research pursu19 ant to this chapter. 

20 ‘‘(2) POLICIES AND PROCEDURES.—The Board 

21 shall establish and publish in the Federal Register 

22 procedures and policies relating to conflicts of inter23 est, recusal, expertise, and related matters before 

24 the establishment of the panel described in para25 graph (1). 


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1 ‘‘(3) PROHIBITION.—An individual serving on 

2 the panel established under paragraph (1) may not 

3 advise the Board on any matter with respect to 

4 which the individuals has an identified or perceived 

5 conflict of interest. 

6 ‘‘(4) REPORT.— 

7 ‘‘(A) IN GENERAL.—Not later than 30 

8 days after the date on which the Board estab9 lishes a panel established under paragraph (1), 

10 the Board shall submit to the appropriate con11 gressional committees a report that includes the 

12 names of individuals who serve on the panel. 

13 ‘‘(B) PANEL CHANGES.—Upon a change of 

14 personnel on the panel established under para15 graph (1), the Board shall immediately submit 

16 to the appropriate congressional committees an 

17 update to the report required under subpara18 graph (A). 

19 ‘‘(f) REPORT.—Not later than 360 days after the 

20 date on which the Board establishes the panel described 

21 in subsection (e)(1), and annually thereafter, the Board 

22 shall submit to the appropriate congressional committees 

23 and make available on a website a report summarizing, 

24 with respect to each determination by the Board under 

25 this section relating to life sciences research— 


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1 ‘‘(1) the findings of the Board; 

2 ‘‘(2) the determination of the Board; 

3 ‘‘(3) the name and location of the entity pro4 posing the life sciences research; 

5 ‘‘(4) the name and location of any recipient of 

6 a subaward or subcontractor of an entity proposing 

7 life sciences research and the nature of the partici8 pation of such a recipient or subcontractor; and 

9 ‘‘(5) an account of significant challenges or 

10 problems, including procedural or substantive chal11 lenges or problems, that arise during the course of 

12 the work of the Board, including the views of any 

13 member of the Board who wishes to have those 

14 views included in the report. 

15 ‘‘(g) EFFECTIVE DATE.—This section shall take ef16 fect on the date that is 180 days after the date of enact17 ment of this chapter. 

18 ‘‘§ 7907. Funding 

19 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to the Board to carry out 

21 this chapter $30,000,000 for each of fiscal years 2025 

22 through 2034. 

23 ‘‘(b) DHS TRANSFER.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

25 and notwithstanding any other law, in any fiscal 


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1 year for which amounts are authorized to be appro2 priated under subsection (a), of the amounts the 

3 Secretary of Homeland Security would otherwise 

4 award as grants, the Secretary of Homeland Secu5 rity shall transfer $30,000,000 to the Board. 

6 ‘‘(2) EXCEPTION.—A transfer under paragraph 

7 (1) shall not apply to amounts awarded as grants 

8 from the Disaster Relief Fund of the Federal Emer9 gency Management Agency.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 for subtitle V of title 31, United States Code, is amended 

12 by adding at the end the following: 

‘‘CHAPTER 79—LIFE SCIENCES RESEARCH SECURITY BOARD

‘‘7901. Definitions. 

‘‘7902. Establishment and membership. 

‘‘7903. Board personnel. 

‘‘7904. Board mission and functions. 

‘‘7905. Agency procedures; referral to Board. 

‘‘7906. Board review. 

‘‘7907. Funding.’’. 

13 (c) FINANCIAL DISCLOSURE REPORTS OF BOARD

14 MEMBERS.—Section 13103(f) of title 5, United States 

15 Code, is amended— 

16 (1) in paragraph (11), by striking ‘‘and’’ at the 

17 end; 

18 (2) in paragraph (12), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following: 


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1 ‘‘(13) a member of the Life Sciences Research 

2 Security Board established under section 7902 of 

3 title 31.’’. 

Æ 


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