II 

118TH CONGRESS 

2D SESSION S. 4722 

To prohibit the United States from collaborating with certain foreign countries 

of concern on fundamental research intended to support the military, 

intelligence, or security capabilities of the United States, to strengthen 

the security and integrity of the United States scientific and research 

enterprise, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11 (legislative day, JULY 10), 2024 

Mr. RUBIO (for himself, Ms. ERNST, Mr. HAGERTY, Mr. RICKETTS, and Mr. 

BUDD) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To prohibit the United States from collaborating with certain 

foreign countries of concern on fundamental research 

intended to support the military, intelligence, or security 

capabilities of the United States, to strengthen the security and integrity of the United States scientific and 

research enterprise, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Furthering Operations for Resiliency, Transparency, and 


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1 Integrity to Fortify (FORTIFY) United States Research 

2 Act’’. 

3 (b) TABLE OF CONTENTS.—The table of contents for 

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Working group on understanding scale and scope of problematic research collaboration between China and recipients of Federal 

research funding. 

Sec. 3. Research integrity and security. 

Sec. 4. Study on United States research partnerships with the People’s Republic of China. 

Sec. 5. Federal grant application fraud. 

Sec. 6. Restricting the acquisition of emerging technologies by certain aliens. 

Sec. 7. Machine readable visa documents. 

Sec. 8. Certifications regarding access to export controlled technology in educational and cultural exchange programs. 

Sec. 9. Mandatory placement of research and development applicants failing to 

disclose required information in the Federal Awardee Performance and Integrity Information System. 

Sec. 10. Privacy and confidentiality. 

5 SEC. 2. WORKING GROUP ON UNDERSTANDING SCALE AND 

6 SCOPE OF PROBLEMATIC RESEARCH COL7 LABORATION BETWEEN CHINA AND RECIPI8 ENTS OF FEDERAL RESEARCH FUNDING. 

9 (a) REQUIREMENT TO CONVENE WORKING

10 GROUP.—Pursuant to section 904(e)(7)(B) of the Coun11 terintelligence Enhancement Act of 2002 (50 U.S.C. 

12 3383(e)(7)(B)), the Director of the National Counterintel13 ligence and Security Center shall convene a working group 

14 of officials and individuals in the intelligence community 

15 (as defined in section 3 of the National Security Act of 

16 1947 (50 U.S.C. 3003)), Federal grant-making agencies, 

17 and outside experts to better understand the scale and 

18 scope of problematic research collaboration between the 


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1 People’s Republic of China and recipients of funds from 

2 the Federal Government. 

3 (b) ACTIVITIES.—The working group convened pur4 suant to subsection (a) shall— 

5 (1) expand the scope of previous counterintel6 ligence efforts relating to research security threats, 

7 which focused primarily on foreign talent recruit8 ment programs; 

9 (2) conduct open-source research for counter10 intelligence efforts on published research, 

11 bibliometric data, and other publicly available data; 

12 (3) identify the problematic research collabora13 tions described in subsection (a) that pose the high14 est potential risk to the national security of the 

15 United States from entities within the defense indus16 trial base of China and other entities the working 

17 group determines present a high-risk to the Federal 

18 Government; and 

19 (4) publish, on a semiannual basis, a database 

20 in accordance with subsection (c). 

21 (c) THREATS TO RESEARCH, UNIVERSITIES, 

22 SCIENCE, AND TECHNOLOGY DATABASE.— 

23 (1) ESTABLISHMENT.— 

24 (A) IN GENERAL.—The working group 

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1 lish an unclassified database to serve as a com2 prehensive resource for the Department of De3 fense, the intelligence community (as defined in 

4 section 3 of the National Security Act of 1947 

5 (50 U.S.C. 3003)), and other Federal grant6 making agencies for conducting due diligence 

7 and risk review determinations for fundamental, 

8 controlled, or classified research grant award 

9 approvals, denials, or revocations. 

10 (B) DESIGNATION.—The database estab11 lished pursuant to subparagraph (A) shall be 

12 known as the ‘‘Threats to Research, Univer13 sities, Science, and Technology’’ database or 

14 the ‘‘TRUST’’ database (referred to in this 

15 subsection as the ‘‘Database’’). 

16 (2) CONTENTS.—The Database shall include— 

17 (A) a catalog of entities, with supporting 

18 open-source documentation, that support the 

19 defense research, development, and industrial 

20 bases of China, including— 

21 (i) universities and their subdivisions; 

22 (ii) state and national defense key lab23 oratories; 

24 (iii) provincial-level key laboratories; 


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1 (iv) research institutes subordinate to 

2 defense state-owned enterprises; and 

3 (v) other business enterprises involved 

4 in military-civil fusion programs that are 

5 partially or majority owned by universities 

6 or the Chinese Academy of Sciences; 

7 (B) mapping of the People’s Republic of 

8 China’s State Administration for Science and 

9 Technology Industry for National Defense, in10 cluding a focus on developing defense-related 

11 academic disciplines, key laboratories, and re12 search groups at the universities; 

13 (C) identifying entities of the People’s Re14 public of China engaging in critical technology 

15 research, including institutions, centers of excel16 lence, laboratories, or personnel that conduct 

17 research in disciplines or subdisciplines of crit18 ical importance to the national and economic 

19 security of the United States; 

20 (D) mapping research institution links to 

21 the defense industry of the People’s Republic of 

22 China, including subsidiaries and research insti23 tutes subordinate to major People’s Republic of 

24 China state-owned defense enterprises; and 


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1 (E) identifying other research entities and 

2 programs of the People’s Republic of China tied 

3 to defense, including civilian universities and 

4 government research organizations that engage 

5 in defense research projects through formal 

6 partnerships or research collaboration with Peo7 ple’s Republic of China defense entities, state8 owned enterprises, or receipt of People’s Repub9 lic of China defense program funding. 

10 (d) ANNUAL REPORT.—The working group convened 

11 pursuant to subsection (a) shall submit an annual report 

12 to Congress containing a description of the progress and 

13 findings of the database. 

14 SEC. 3. RESEARCH INTEGRITY AND SECURITY. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Research Integrity and Security Act of 2024’’. 

17 (b) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Committee on Armed Services of 

22 the Senate; 

23 (B) the Committee on Commerce, Science, 

24 and Transportation of the Senate; 


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1 (C) the Committee on Energy and Natural 

2 Resources of the Senate; 

3 (D) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 (E) the Committee on Small Business and 

6 Entrepreneurship of the Senate; 

7 (F) the Committee on Health, Education, 

8 Labor, and Pensions of the Senate; 

9 (G) the Select Committee on Intelligence of 

10 the Senate; 

11 (H) the Committee on Armed Services of 

12 the House of Representatives; 

13 (I) the Committee on Education and the 

14 Workforce of the House of Representatives; 

15 (J) the Committee on Energy and Com16 merce of the House of Representatives; 

17 (K) the Committee on Small Business of 

18 the House of Representatives; 

19 (L) the Committee on Science, Space, and 

20 Technology of the House of Representatives; 

21 and 

22 (M) the Permanent Select Committee on 

23 Intelligence of the House of Representatives. 

24 (2) COUNTRY OF CONCERN.—The term ‘‘coun25 try of concern’’ means— 


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1 (A) any country (including any special ad2 ministrative region of such country) identified 

3 as a threat to the national security of the 

4 United States in the most recent report sub5 mitted to Congress by the Director of National 

6 Intelligence pursuant to section 108B of the 

7 National Security Act of 1947 (50 U.S.C. 

8 3043b) (commonly referred to as the ‘‘Annual 

9 Threat Assessment’’); or 

10 (B) any covered nation (as defined in sec11 tion 4872(d)(2) of title 10, United State Code). 

12 (3) FEDERAL AGENCY.—The term ‘‘Federal 

13 agency’’ has the meaning given the term ‘‘agency’’ 

14 in section 551 of title 5, United States Code. 

15 (4) FEDERAL GRANT.—The term ‘‘Federal 

16 grant’’— 

17 (A) means a grant awarded by a Federal 

18 agency; and 

19 (B) includes a subgrant awarded by a non20 Federal entity to carry out a Federal grant pro21 gram. 

22 (5) FEDERAL GRANT APPLICATION.—The term 

23 ‘‘Federal grant application’’ means an application 

24 for a Federal grant. 


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1 (6) FOREIGN COMPENSATION.—The term ‘‘for2 eign compensation’’ means a title, monetary com3 pensation, access to a laboratory or other resource, 

4 or other benefit received from— 

5 (A) a foreign government; 

6 (B) a foreign government institution; or 

7 (C) a foreign public enterprise. 

8 (7) FOREIGN GOVERNMENT.—The term ‘‘for9 eign government’’ includes a person acting or pur10 porting to act on behalf of a faction, party, depart11 ment, agency, bureau, subnational administrative en12 tity, or military of a country of concern. 

13 (8) FOREIGN GOVERNMENT INSTITUTION.—The 

14 term ‘‘foreign government institution’’ means any 

15 foreign entity owned by, subject to the control of, or 

16 subject to the laws or regulations of a country of 

17 concern. 

18 (9) FOREIGN GOVERNMENT ENTERPRISE.—The 

19 term ‘‘foreign government enterprise’’ means an en20 terprise over which a foreign government directly or 

21 indirectly exercises a dominant influence. 

22 (10) FUNDAMENTAL RESEARCH.—The term 

23 ‘‘fundamental research’’ means basic and applied re24 search in science, engineering, or mathematics, the 

25 results of which ordinarily are published and shared 


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1 broadly within the scientific community, and for 

2 which the researchers have not accepted restrictions 

3 for proprietary or national security concerns. 

4 (11) INSTITUTION OF HIGHER EDUCATION.— 

5 The term ‘‘institution of higher education’’ has the 

6 meaning given the term in section 101(a) of the 

7 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

8 (12) LAW ENFORCEMENT AGENCY.—The term 

9 ‘‘law enforcement agency’’— 

10 (A) means a Federal, State, local, or Trib11 al law enforcement agency; and 

12 (B) includes— 

13 (i) the Office of Inspector General of 

14 an establishment (as defined in section 401 

15 of title 5, United States Code) or a des16 ignated Federal entity (as defined in sec17 tion 415 of title 5, United States Code); 

18 and 

19 (ii) the Office of Inspector General, or 

20 similar office, of a State or unit of local 

21 government. 

22 (13) OUTSIDE COMPENSATION.—The term 

23 ‘‘outside compensation’’ means any compensation, 

24 resource, or support (regardless of monetary value) 

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1 lated to, any research endeavor, including a title, re2 search grant, cooperative agreement, contract, insti3 tutional award, access to a laboratory, or other re4 source, including materials, travel compensation, or 

5 work incentives. 

6 (c) PROTECTION OF FEDERALLY FUNDED RE7 SEARCH.— 

8 (1) IN GENERAL.—The United States Govern9 ment may not collaborate with a country of concern 

10 on fundamental research intended to support the 

11 military, intelligence, or security capabilities of the 

12 United States. 

13 (2) PROHIBITION.—Neither the Secretary of 

14 Defense nor the Secretary of Energy may approve a 

15 Federal grant application for fundamental research 

16 that— 

17 (A) is ultimately intended to further the 

18 military, security, or intelligence capabilities of 

19 the United States; 

20 (B) is used to support the defense indus21 trial base of the United States; and 

22 (C) will be jointly reviewed by or conducted 

23 with— 


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1 (i) a foreign government, foreign gov2 ernment institution, or foreign government 

3 enterprise from a country of concern; or 

4 (ii) any person that is receiving for5 eign compensation or outside compensation 

6 from a country of concern. 

7 (3) EXCEPTION.—The prohibition under para8 graph (2) shall not apply to an activity that is— 

9 (A) carried out in connection with a law10 fully authorized investigative, protective, or in11 telligence activity of— 

12 (i) a law enforcement agency; or 

13 (ii) a Federal intelligence agency; or 

14 (B) authorized under chapter 224 of title 

15 5, United States Code. 

16 (4) NATIONAL SECURITY WAIVER FOR RE17 SEARCH.—The Secretary of Defense and the Sec18 retary of Energy may waive the prohibition under 

19 paragraph (2) if either Secretary determines and 

20 certifies to the appropriate congressional committees 

21 that approving such Federal grant application— 

22 (A) is in the national security interest of 

23 the United States; and 

24 (B) does not pose an intelligence or na25 tional security risk. 


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1 (d) PENALTIES AND REPORTING.— 

2 (1) PENALTY ON INSTITUTIONS.—Any institu3 tion of higher education that has been awarded a 

4 Federal grant by the Department of Defense or the 

5 Department of Energy for research intended to sup6 port the military, security, or intelligence capabilities 

7 of the United States and is found by the Inspector 

8 General of the agency concerned to be collaborating 

9 with a foreign government, a foreign government in10 stitution, or a foreign government enterprise from a 

11 country of concern with respect to such research 

12 shall repay the full value of such grant to the Fed13 eral agency that originally approved the Federal 

14 grant application. 

15 (2) REPORTS BY INSPECTORS GENERAL.—Not 

16 later than 2 years after the date of the enactment 

17 of this Act, and annually thereafter, the Inspector 

18 General of the Department of Defense and the In19 spector General of the Department of Energy shall 

20 each submit to the appropriate congressional com21 mittees a report, which shall include, with respect to 

22 the reporting period— 

23 (A) a list of projects that have received a 

24 Federal grant from the Federal agency con25 cerned; and 


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1 (B) a description of each project included 

2 in the list described in subparagraph (A) that 

3 indicates whether, in connection with such 

4 project— 

5 (i) a foreign government, foreign gov6 ernment institution, or foreign government 

7 enterprise from a country of concern has 

8 received a Federal grant; or 

9 (ii) a person receiving foreign com10 pensation or outside compensation from a 

11 country of concern has received a Federal 

12 grant. 

13 (3) GAO REPORT.—Not later than 3 years 

14 after the date of the enactment of this Act, and an15 nually thereafter, the Comptroller General of the 

16 United States shall— 

17 (A) review each report submitted for the 

18 calendar year pursuant to paragraph (2); and 

19 (B) determine if a foreign government, a 

20 foreign government institution, or a foreign 

21 government enterprise from a country of con22 cern has received a Federal grant. 

23 (4) REQUESTS BY CHAIRPERSON AND RANKING

24 MEMBER OF APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—The chairperson and ranking member of 


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1 each appropriate congressional committee may joint2 ly submit to the Comptroller General of the United 

3 States a written request to audit any Federal agency 

4 that has approved a Federal grant application for 

5 fundamental research ultimately intended to support 

6 the military, security, or intelligence capabilities of 

7 the United States. 

8 SEC. 4. STUDY ON UNITED STATES RESEARCH PARTNER9 SHIPS WITH THE PEOPLE’S REPUBLIC OF 

10 CHINA. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of the enactment of this Act, the Under Secretary 

13 of Defense for Research and Engineering shall complete 

14 a study concerning United States Government-funded re15 search conducted by United States persons who conduct 

16 such research in the United States and in the People’s 

17 Republic of China. 

18 (b) ASSESSMENT.—The study conducted pursuant to 

19 subsection (a) shall assess— 

20 (1) whether the United States Government has 

21 benefitted from similar research partnerships, publi22 cations, accommodations, or access to resources 

23 while conducting research in the People’s Republic 

24 of China that is funded by the United States Gov25 ernment; and 


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1 (2) the principles of fundamental research and 

2 the open research enterprise by United States per3 sons while conducting research in the United States 

4 and in the People’s Republic of China. 

5 (c) BRIEFING.—Not later than 30 days after com6 pleting the study pursuant to this section, the Under Sec7 retary of Defense for Research and Engineering shall brief 

8 the Committee on Armed Services of the Senate, the Se9 lect Committee on Intelligence of the Senate, the Com10 mittee on Armed Services of the House of Representatives, 

11 and the Permanent Select Committee on Intelligence of 

12 the House of Representatives regarding the results of such 

13 study. 

14 SEC. 5. FEDERAL GRANT APPLICATION FRAUD. 

15 (a) IN GENERAL.—Chapter 47 of title 18, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 1041. Federal grant application fraud 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) FEDERAL AGENCY.—The term ‘Federal 

21 agency’ has the meaning given the term ‘agency’ in 

22 section 551 of title 5. 

23 ‘‘(2) FEDERAL GRANT.—The term ‘Federal 

24 grant’— 


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1 ‘‘(A) means a grant awarded by a Federal 

2 agency; 

3 ‘‘(B) includes a subgrant awarded by a 

4 non-Federal entity to carry out a Federal grant 

5 program; and 

6 ‘‘(C) does not include— 

7 ‘‘(i) direct United States Government 

8 cash assistance to an individual; 

9 ‘‘(ii) a subsidy; 

10 ‘‘(iii) a loan; 

11 ‘‘(iv) a loan guarantee; or 

12 ‘‘(v) insurance. 

13 ‘‘(3) FEDERAL GRANT APPLICATION.—The 

14 term ‘Federal grant application’ means an applica15 tion for a Federal grant. 

16 ‘‘(4) FOREIGN COMPENSATION.—The term ‘for17 eign compensation’ means a title, monetary com18 pensation, access to a laboratory or other resource, 

19 or other benefit received from— 

20 ‘‘(A) a foreign government; 

21 ‘‘(B) a foreign government institution; or 

22 ‘‘(C) a foreign public enterprise. 

23 ‘‘(5) FOREIGN GOVERNMENT.—The term ‘for24 eign government’ includes a person acting or pur25 porting to act on behalf of— 


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1 ‘‘(A) a faction, party, department, agency, 

2 bureau, subnational administrative entity, or 

3 military of a foreign country; or 

4 ‘‘(B) a foreign government or a person 

5 purporting to act as a foreign government, re6 gardless of whether the United States recog7 nizes the government. 

8 ‘‘(6) FOREIGN GOVERNMENT INSTITUTION.— 

9 The term ‘foreign government institution’ means a 

10 foreign entity owned by, subject to the control of, or 

11 subject to regulation by a foreign government. 

12 ‘‘(7) FOREIGN PUBLIC ENTERPRISE.—The term 

13 ‘foreign public enterprise’ means an enterprise over 

14 which a foreign government directly or indirectly ex15 ercises a dominant influence. 

16 ‘‘(8) LAW ENFORCEMENT AGENCY.—The term 

17 ‘law enforcement agency’— 

18 ‘‘(A) means a Federal, State, local, or 

19 Tribal law enforcement agency; and 

20 ‘‘(B) includes— 

21 ‘‘(i) the Office of Inspector General of 

22 an establishment (as defined in section 401 

23 of title 5) or a designated Federal entity 

24 (as defined in section 415 of title 5); and 


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1 ‘‘(ii) the Office of Inspector General, 

2 or similar office, of a State or unit of local 

3 government. 

4 ‘‘(9) OUTSIDE COMPENSATION.—The term ‘out5 side compensation’ means any compensation, re6 source, or support (regardless of monetary value) 

7 made available to the applicant in support of, or re8 lated to, any research endeavor, including a title, re9 search grant, cooperative agreement, contract, insti10 tutional award, access to a laboratory, or other re11 source, including materials, travel compensation, or 

12 work incentives. 

13 ‘‘(b) PROHIBITION.—Except as provided in sub14 section (c), it shall be unlawful for any individual to know15 ingly— 

16 ‘‘(1) prepare or submit a Federal grant applica17 tion that fails to disclose the receipt of any outside 

18 compensation, including foreign compensation, by 

19 the individual; 

20 ‘‘(2) forge, counterfeit, or otherwise falsify a 

21 document for the purpose of obtaining a Federal 

22 grant; or 

23 ‘‘(3) prepare, submit, or assist in the prepara24 tion or submission of a Federal grant application or 


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1 document in connection with a Federal grant appli2 cation that— 

3 ‘‘(A) contains a false statement; 

4 ‘‘(B) contains a material misrepresenta5 tion; 

6 ‘‘(C) has no basis in law or fact; or 

7 ‘‘(D) fails to disclose a material fact. 

8 ‘‘(c) EXCEPTION.—Subsection (b) shall not apply to 

9 an activity— 

10 ‘‘(1) carried out in connection with a lawfully 

11 authorized investigative, protective, or intelligence 

12 activity of— 

13 ‘‘(A) a law enforcement agency; or 

14 ‘‘(B) a Federal intelligence agency; or 

15 ‘‘(2) authorized under chapter 224. 

16 ‘‘(d) PENALTY.—Any individual who violates sub17 section (b)— 

18 ‘‘(1) shall be fined in accordance with this title, 

19 imprisoned for not more than 5 years, or both; and 

20 ‘‘(2) shall be prohibited from receiving a Fed21 eral grant during the 5-year period beginning on the 

22 date on which a sentence is imposed on the indi23 vidual pursuant to paragraph (1).’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 47 of title 18, United States Code, is amended by add3 ing at the end the following: 

‘‘1041. Federal grant application fraud.’’. 

4 SEC. 6. RESTRICTING THE ACQUISITION OF EMERGING 

5 TECHNOLOGIES BY CERTAIN ALIENS. 

6 (a) REPORT.—Not later than 3 months after the date 

7 of the enactment of this Act, and semiannually thereafter, 

8 the Secretary of State, in consultation with the Director 

9 of National Intelligence, and the heads of other relevant 

10 Federal agencies, shall submit a classified report to the 

11 congressional committees listed in subsection (d)(1) that 

12 identifies any alien that— 

13 (1) is employed by or collaborates with— 

14 (A) a foreign military and security related 

15 organization that is adversarial to the United 

16 States; 

17 (B) a foreign institution that is involved in 

18 the theft of United States research; 

19 (C) any entity involved in export control 

20 violations or the theft of intellectual property; 

21 (D) a foreign government that seeks to un22 dermine the integrity and security of the United 

23 States research community; or 


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1 (2) associates or collaborates with any entity 

2 that poses a national security threat based on intel3 ligence assessments. 

4 (b) DESIGNATIONS OF CERTAIN ALIENS SEEKING TO

5 ACQUIRE EMERGING TECHNOLOGIES.— 

6 (1) IN GENERAL.—The Secretary of State, in 

7 coordination with other relevant Federal depart8 ments and agencies, shall identify persons identified 

9 pursuant to subsection (a) who are seeking to know10 ingly acquire sensitive or emerging technologies to 

11 undermine national security interests of the United 

12 States by benefitting an adversarial foreign govern13 ment’s security or strategic capabilities. 

14 (2) RELEVANT FACTORS.—To determine if an 

15 alien identified pursuant to subsection (a) is seeking 

16 to knowingly acquire sensitive or emerging tech17 nologies to undermine national security interests of 

18 the United States by benefitting an adversarial for19 eign government’s security or strategic capabilities, 

20 the Secretary of State shall— 

21 (A) consider information and analyses rel22 evant to implementing subsection (a) from the 

23 Office of the Director of National Intelligence, 

24 the Department of Health and Human Services, 

25 the Department of Defense, the Department of 


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1 Homeland Security, the Department of Energy, 

2 the Department of Commerce, and other appro3 priate Federal agencies; and 

4 (B) consider the continual expert assess5 ments of evolving sensitive or emerging tech6 nologies that foreign adversaries are targeting. 

7 (c) INELIGIBILITY FOR VISAS, ADMISSION, OR PA8 ROLE.— 

9 (1) VISAS, ADMISSION, AND PAROLE.—Except 

10 as provided in subsection (f), any alien identified 

11 pursuant to subsection (b)(1) is— 

12 (A) inadmissible to the United States; 

13 (B) ineligible to receive a visa or other doc14 umentation to enter the United States; and 

15 (C) otherwise ineligible to be admitted or 

16 paroled into the United States or to receive any 

17 other benefit under the Immigration and Na18 tionality Act (8 U.S.C. 1101 et seq.). 

19 (2) CURRENT VISAS REVOKED.— 

20 (A) IN GENERAL.—Except as provided in 

21 subsection (f), any alien identified pursuant to 

22 subsection (b)(1) is subject to revocation of any 

23 visa or other entry documentation, regardless of 

24 when the visa or other entry documentation is 

25 or was issued. 


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1 (B) IMMEDIATE EFFECT.—A revocation 

2 authorized under subparagraph (A)— 

3 (i) shall take effect immediately; and 

4 (ii) shall automatically cancel any 

5 other valid visa or entry documentation 

6 that is in the alien’s possession. 

7 (C) PUBLIC AVAILABILITY OF INFORMA8 TION.—Information about the denial or revoca9 tion of a visa or other documentation under this 

10 paragraph shall be made available to the public. 

11 (d) REPORTING REQUIREMENT.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, and an14 nually thereafter, the Secretary of State, in coordi15 nation with the Director of National Intelligence, the 

16 Director of the Office of Science and Technology 

17 Policy, the Secretary of Homeland Security, the Sec18 retary of Defense, the Secretary of Energy, the Sec19 retary of Commerce, and the heads of other relevant 

20 Federal agencies, shall submit a report to the Com21 mittee on the Judiciary of the Senate, the Com22 mittee on Foreign Relations of the Senate, the Com23 mittee on Homeland Security and Governmental Af24 fairs of the Senate, the Committee on the Judiciary 

25 of the House of Representatives, the Committee on 


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1 Foreign Affairs of the House of Representatives, 

2 and the Committee on Oversight and Accountability 

3 of the House of Representatives that identifies— 

4 (A) any criteria, if relevant used to de5 scribe the aliens to which the grounds of inad6 missibility described in subsection (c) may 

7 apply; and 

8 (B) the number of individuals identified 

9 pursuant to subsection (b)(1), including the na10 tionality of each such individual and the rea11 sons for each such identification. 

12 (2) CLASSIFICATION OF REPORT.—Each report 

13 required under paragraph (1) shall be submitted, to 

14 the extent practicable, in an unclassified form, but 

15 may be accompanied by a classified annex. 

16 (e) CONGRESSIONAL NOMINATION DETERMINA17 TION.—Not later than 60 days after receiving a request 

18 from the chairman and ranking member of a congressional 

19 committee listed in subsection (d)(1) with respect to 

20 whether an alien is seeking to knowingly acquire sensitive 

21 or emerging technologies to undermine national security 

22 interests of the United States by benefitting an adversarial 

23 foreign government’s security or strategic capabilities, the 

24 President shall— 


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1 (1) determine if such alien meets such criteria; 

2 and 

3 (2) submit a classified or unclassified report to 

4 such chairman and ranking member with respect to 

5 such determination that includes a statement of 

6 whether or not the President imposed or intends to 

7 impose sanctions with respect to such alien. 

8 (f) WAIVER.— 

9 (1) IN GENERAL.—The President, on a case-by10 case basis and for a period of not more than 180 

11 days, may waive a requirement under subsection (c) 

12 to impose or maintain sanctions with respect to an 

13 alien if the President— 

14 (A) determines that such waiver is in the 

15 national security interest of the United States; 

16 and 

17 (B) not less than 30 days before such 

18 waiver takes effect, submits a report to the con19 gressional committees listed in subsection (d)(1) 

20 that describes and justifies such waiver. 

21 (2) RENEWAL OF WAIVER.—The President 

22 may, on a case-by-case basis, renew a waiver under 

23 paragraph (1) for additional periods of not more 

24 than 180 days if the President— 


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1 (A) determines that the renewal of the 

2 waiver is in the national security interest of the 

3 United States; and 

4 (B) not less than 15 days before the waiv5 er expires, submits a report to the congressional 

6 committees listed in subsection (d)(1) that de7 scribes and justifies such renewal. 

8 SEC. 7. MACHINE READABLE VISA DOCUMENTS. 

9 (a) MACHINE-READABLE DOCUMENTS.—Except as 

10 provided in subsection (b), not later than 1 year after the 

11 date of the enactment of this Act, the Secretary of State 

12 shall— 

13 (1) require the use of a machine-readable visa 

14 application form; and 

15 (2) make available documents submitted in sup16 port of a visa application in a machine readable for17 mat to assist in— 

18 (A) identifying fraud; 

19 (B) conducting lawful law enforcement ac20 tivities; and 

21 (C) determining the eligibility of applicants 

22 for a visa under the Immigration and Nation23 ality Act (8 U.S.C. 1101 et seq.). 

24 (b) WAIVER.—The Secretary of State may waive the 

25 requirement under subsection (a) by providing to ConVerDate Sep 11 2014 19:23 Aug 19, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S4722.IS S4722

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1 gress, not later than 30 days before the effective date of 

2 such waiver— 

3 (1) a detailed explanation for why such waiver 

4 is being issued; and 

5 (2) a timeframe for the implementation of the 

6 requirement under subsection (a). 

7 (c) REPORT.—Not later than 45 days after date of 

8 the enactment of this Act, the Secretary of State shall sub9 mit a report to the Committee on Homeland Security and 

10 Governmental Affairs of the Senate, the Committee on 

11 Commerce, Science, and Transportation of the Senate, the 

12 Select Committee on Intelligence of the Senate, the Com13 mittee on Foreign Relations of the Senate, the Committee 

14 on Oversight and Accountability of the House of Rep15 resentatives, the Committee on Homeland Security of the 

16 House of Representatives, the Committee on Energy and 

17 Commerce of the House of Representatives, the Perma18 nent Select Committee on Intelligence of the House of 

19 Representatives, and the Committee on Foreign Affairs of 

20 the House of Representatives that— 

21 (1) describes how supplementary documents 

22 provided by a visa applicant in support of a visa ap23 plication are stored and shared by the Department 

24 of State with authorized Federal agencies; 


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1 (2) identifies the sections of a visa application 

2 that are machine-readable and the sections that are 

3 not machine-readable; 

4 (3) provides cost estimates, including personnel 

5 costs and a cost-benefit analysis for adopting dif6 ferent technologies, including optical character rec7 ognition, for— 

8 (A) making every element of a visa appli9 cation, and documents submitted in support of 

10 a visa application, machine-readable; and 

11 (B) ensuring that such system— 

12 (i) protects personally-identifiable in13 formation; and 

14 (ii) permits the sharing of visa infor15 mation with Federal agencies in accord16 ance with existing law; and 

17 (4) includes an estimated timeline for com18 pleting the implementation of subsection (a). 

19 SEC. 8. CERTIFICATIONS REGARDING ACCESS TO EXPORT 

20 CONTROLLED TECHNOLOGY IN EDU21 CATIONAL AND CULTURAL EXCHANGE PRO22 GRAMS. 

23 Section 102(b)(5) of the Mutual Educational and 

24 Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) 

25 is amended to read as follows: 


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1 ‘‘(5) promoting and supporting medical, sci2 entific, cultural, and educational research and devel3 opment— 

4 ‘‘(A) by developing exchange programs for 

5 foreign researchers and scientists, while pro6 tecting technologies regulated by export control 

7 laws important to the national security and eco8 nomic interests of the United States; and 

9 ‘‘(B) by requiring the sponsor of an ex10 change visitor program— 

11 ‘‘(i) to certify to the Department of 

12 State that the sponsor, after reviewing all 

13 regulations related to the Export Controls 

14 Act of 2018 (50 U.S.C. 4811 et seq.) and 

15 the Arms Export Control Act (22 U.S.C. 

16 2751 et seq.), has determined that— 

17 ‘‘(I) a license is not required 

18 from the Department of Commerce or 

19 the Department of State to release 

20 such technology or technical data to 

21 the exchange visitor; or 

22 ‘‘(II)(aa) a license is required 

23 from the Department of Commerce or 

24 the Department of State to release 


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1 such technology or technical data to 

2 the exchange visitor; and 

3 ‘‘(bb) the sponsor will prevent ac4 cess to the controlled technology or 

5 technical data by the exchange visitor 

6 until the sponsor— 

7 ‘‘(AA) has received the re8 quired license or other authoriza9 tion to release it to the visitor; 

10 and 

11 ‘‘(BB) has provided a copy 

12 of such license or authorization 

13 to the Department of State; and 

14 ‘‘(ii) if the sponsor maintains export 

15 controlled technology or technical data, to 

16 submit to the Department of State the 

17 sponsor’s plan to prevent unauthorized ex18 port or transfer of any controlled items, 

19 materials, information, or technology at 

20 the sponsor organization or entities associ21 ated with a sponsor’s administration of the 

22 exchange visitor program.’’. 


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1 SEC. 9. MANDATORY PLACEMENT OF RESEARCH AND DE2 VELOPMENT APPLICANTS FAILING TO DIS3 CLOSE REQUIRED INFORMATION IN THE FED4 ERAL AWARDEE PERFORMANCE AND INTEG5 RITY INFORMATION SYSTEM. 

6 Section 223(c)(2) of the William M. (Mac) Thorn7 berry National Defense Authorization Act for Fiscal Year 

8 2021 (42 U.S.C. 6605(c)(2)) is amended— 

9 (1) by redesignating subparagraphs (A) through 

10 (G) as clauses (i) through (vii) and moving such 

11 clauses 2 ems to the right; 

12 (2) in the matter preceding clause (i), as redes13 ignated, by striking ‘‘may take’’ and inserting the 

14 following: ‘‘— 

15 ‘‘(A) shall— 

16 ‘‘(i) indicate, in the Federal Awardee 

17 Performance and Integrity Information 

18 System, that such individual or entity is 

19 noncompliant to give notice to other Fed20 eral grant-making agencies; and 

21 ‘‘(ii) disclose, in such system, any 

22 business relationship between such indi23 vidual or entity and any foreign country of 

24 concern (as defined in section 9901(7) (15 

25 U.S.C. 4651(7))), including any funding 


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1 received by such individual or entity from 

2 any agent of such country; and 

3 ‘‘(B) may take’’; and 

4 (3) in subparagraph (B), as redesignated— 

5 (A) by striking clause (vi); and 

6 (B) by redesignating clause (vii) as clause 

7 (vi). 

8 SEC. 10. PRIVACY AND CONFIDENTIALITY. 

9 Nothing in this Act, or in any amendment made by 

10 this Act, may be construed as affecting the rights and re11 quirements provided in— 

12 (1) section 552a of title 5, United States Code 

13 (commonly known as the ‘‘Privacy Act of 1974’’); or 

14 (2) subchapter III of chapter 35 of title 44, 

15 United States Code (commonly known as the ‘‘Con16 fidential Information Protection and Statistical Effi17 ciency Act of 2018’’). 

Æ 


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