II 

116TH CONGRESS 

1ST SESSION S. 1879 

To call on the Secretary of Homeland Security to lead a task force to 

address the threat of foreign government influence and threats to academic research integrity on college campuses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2019 

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

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To call on the Secretary of Homeland Security to lead a 

task force to address the threat of foreign government 

influence and threats to academic research integrity on 

college campuses, 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 ‘‘Protect Our Univer5 sities Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The United States enjoys one of the most 

2 vibrant and open education systems in the world. 

3 The free flow of ideas has led to the development of 

4 innovative technologies and new modes of thinking. 

5 The openness of the system also puts it at risk. Ad6 versaries of the United States take advantage of ac7 cess to federally funded sensitive research that takes 

8 place on the campuses of institutions of higher edu9 cation. 

10 (2) According to Alex Joske of the Australian 

11 Strategic Policy Institute, there are thousands of 

12 scientists with links to China’s People’s Liberation 

13 Army who have traveled to American universities 

14 over the last several years. In his report, Joske de15 scribed the Chinese military’s tactic as ‘‘picking 

16 flowers in foreign lands to make honey in China’’. 

17 (3) As stated in the January 2018 China’s 

18 Technology Transfer Strategy report by the Defense 

19 Innovation Unit, ‘‘Academia is an opportune envi20 ronment for learning about science and technology 

21 since the cultural values of U.S. educational institu22 tions reflect an open and free exchange of ideas. As 

23 a result, Chinese science and engineering students 

24 frequently master technologies that later become 

25 critical to key military systems, amounting over time 


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1 to unintentional violations of U.S. export control 

2 laws.’’. 

3 (4) In Federal Bureau of Investigation (FBI) 

4 Director Wray’s view, Chinese nontraditional intel5 ligence collectors ‘‘are exploiting the very open re6 search and development environment that we have, 

7 which we all revere. But they’re taking advantage of 

8 it, so one of the things we’re trying to do is view the 

9 China threat as not just the whole-of-government 

10 threat, but a whole-of-society threat on their end, 

11 and I think it’s going to take a whole-of-society re12 sponse by us.’’. 

13 (5) Russia has also attempted to exploit the 

14 openness of our university system for intelligence 

15 purposes. In 2012, for instance, the Russian Foreign 

16 Intelligence Service (SVR) tasked an undercover of17 ficer at Columbia University with recruiting class18 mates or professors who might have access to sen19 sitive information. 

20 (6) Iran poses a similar threat. In 2012, Presi21 dent Barack Obama signed into law the Iran Threat 

22 Reduction and Syria Human Rights Act of 2012 

23 (Public Law 112–158), which prohibited issuance of 

24 a student visa to any Iranian who wished to pursue 

25 coursework in preparation for a career in the IraVerDate Sep 11 2014 05:14 Jun 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1879.IS S1879

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1 nian energy, nuclear science, or nuclear engineering 

2 sectors, or related fields. 

3 (7) The United States recognizes the great 

4 value of appropriate openness and the security need 

5 of striking a balance with asset protection. 

6 (8) However, technology and information that 

7 could be deemed sensitive to the national security in8 terests of the United States should be given in9 creased scrutiny to determine if access should be re10 stricted in a research environment. 

11 (9) An open federally funded research environ12 ment exposes the United States to the possibility of 

13 exchanging research affiliated with current or future 

14 critical military technological systems. 

15 (10) This Act preserves the openness of Amer16 ica’s higher education system, while preventing ad17 versaries from exploiting that very system in fur18 therance of their own repressive agendas. 

19 SEC. 3. TASK FORCE AND SENSITIVE RESEARCH PROJECT 

20 DESIGNATION. 

21 (a) TASK FORCE ESTABLISHED.—Not later than one 

22 year after the date of enactment of this Act, the Secretary 

23 of Homeland Security, in consultation with the Secretary 

24 of State and the Director of National Intelligence, shall 

25 establish the National Security Technology Task Force 


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1 (hereinafter referred to as the ‘‘Task Force’’) to address 

2 the threat of espionage, targeting research and develop3 ment at institutions of higher education that is funded in 

4 part or whole by any member agency of the Task Force. 

5 (b) MEMBERSHIP.— 

6 (1) DESIGNATION.— 

7 (A) PARTICIPATION.—The Task Force 

8 shall include not more than 30 members as fol9 lows: 

10 (i) At least 1 representative shall be 

11 from the Department of Homeland Secu12 rity, designated by the Secretary of Home13 land Security. 

14 (ii) The Secretary of Homeland Secu15 rity shall coordinate with the following in 

16 order to secure their participation on the 

17 Task Force: 

18 (I) The Director of National In19 telligence for at least 1 representative 

20 from the intelligence community. 

21 (II) The United States Attorney 

22 General for at least 1 representative 

23 from the Department of Justice. 

24 (III) The Director of the Federal 

25 Bureau of Investigation for at least 1 


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1 representative from the Federal Bu2 reau of Investigation. 

3 (IV) The Secretary of Energy for 

4 at least 1 representative from the De5 partment of Energy. 

6 (V) The Secretary of Education 

7 for at least 1 representative from each 

8 of the following offices of the Depart9 ment of Education: 

10 (aa) The Office of Postsec11 ondary Education. 

12 (bb) The Office of the Gen13 eral Counsel. 

14 (cc) Any other office the 

15 Secretary of Homeland Security 

16 determines to be appropriate. 

17 (VI) The Secretary of State for 

18 at least 1 representative from the De19 partment of State. 

20 (VII) The Secretary of Defense 

21 for at least 1 representative from the 

22 Department of Defense. 

23 (VIII) The Director of the Na24 tional Institutes of Health for at least 


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1 1 representative from the National In2 stitutes of Health. 

3 (IX) The Director of the Office 

4 of Science and Technology Policy. 

5 (B) EQUAL REPRESENTATION.—Each 

6 agency represented on the Task Force shall 

7 maintain equal representation with the other 

8 agencies on the Task Force. 

9 (2) MEMBERSHIP LIST.—Not later than 10 

10 days after the first meeting of the Task Force, the 

11 Task Force shall submit to Congress a list identi12 fying each member agency of the Task Force. 

13 (c) SENSITIVE RESEARCH TOPICS LIST.—The Task 

14 Force shall maintain a list of topics determined sensitive 

15 by one or more Task Force member agencies. Such list 

16 shall be referred to as the ‘‘Sensitive Research Topics 

17 List’’ and be populated and maintained in accordance with 

18 the following: 

19 (1) Not later than 90 days after the date of en20 actment of this Act, each Task Force member agen21 cy shall generate an initial list of research topics de22 termined sensitive for national security reasons and 

23 submit such list to the Office of the Director of Na24 tional Intelligence. 


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1 (2) Each Task Force member agency shall up2 date their respective list of sensitive research topics 

3 on a 6-month basis and submit changes to the Office 

4 of the Director of National Intelligence. 

5 (3) Task Force member agency inputs de6 scribed in paragraphs (1) and (2) shall be added 

7 to— 

8 (A) any item listed on the Commerce Con9 trol List (CCL) maintained by the Department 

10 of Commerce; and 

11 (B) any item listed on the United States 

12 Munitions List maintained by the Department 

13 of State. 

14 (4) Not later than 90 days after receipt of Task 

15 Force member agency inputs described in para16 graphs (1) and (2), the Office of the Director of Na17 tional Intelligence shall compile the inputs and issue 

18 the first Sensitive Research Topics List to all Task 

19 Force member agencies. Thereafter, the Office of 

20 Directory of National Intelligence shall maintain an 

21 updated list of the research topics based on Task 

22 Force member agency inputs and any changes to the 

23 Commerce Control List and the United States Muni24 tions List, and ensure an updated version of the 


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1 Sensitive Research Topic Lists is available to all of 

2 the Task Force member agencies. 

3 (d) SENSITIVE RESEARCH PROJECTS LIST.—The 

4 Task Force shall maintain a list of projects funded by 

5 Task Force member agencies and addressing sensitive re6 search topics. Such list shall be referred to as the ‘‘Sen7 sitive Research Projects List’’ and be populated and main8 tained in accordance with the following: 

9 (1) Not later than 90 days after the first 

10 issuance of the Sensitive Research Topics List, each 

11 Task Force member agency shall identify any ongo12 ing or scheduled projects that— 

13 (A) receive or are scheduled to receive 

14 funding from said agency; 

15 (B) involve personnel from an institution 

16 of higher education; and 

17 (C) address one or more topics found on 

18 the Sensitive Research Topics List. 

19 (2) The Task Force shall collect the following 

20 information relevant to each project identified in 

21 paragraph (1): 

22 (A) The Task Force member agency that 

23 is funding the project. 

24 (B) Which topic on the Sensitive Research 

25 Topics List is addressed by the project. 


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1 (C) Contact information for the principal 

2 investigator on the project. 

3 (3) The Task Force shall submit the Sensitive 

4 Research Projects List, with the required informa5 tion, to the Office of the Director of National Intel6 ligence, who shall maintain the Sensitive Research 

7 Projects List. 

8 (4) The Sensitive Research Projects List shall 

9 be updated in response to any changes to the Sen10 sitive Research Topics List, and— 

11 (A) the Office of the Director of National 

12 Intelligence shall issue notification to all Task 

13 Force member agencies of any changes to the 

14 Sensitive Research Topics List resulting from 

15 updated inputs from Task Force member agen16 cies or the Commerce Control Lists or United 

17 States Munitions List; and 

18 (B) each Task Force member agency 

19 shall— 

20 (i) reinitiate the process detailed in 

21 paragraph (1); and 

22 (ii) provide an updated list of agency23 funded sensitive research projects to the 

24 Office of the Director of National Intel25 ligence. 


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1 (e) CONSULTATION WITH OIG.—The Task Force 

2 shall periodically, but not less frequently than annually, 

3 consult with the Office of the Inspector General of the De4 partment of Homeland Security, which shall include an5 nual reports to the Office of the Inspector General on the 

6 activities of the Task Force, with an opportunity for the 

7 Office of the Inspector General to provide active feedback 

8 related to such activities. 

9 (f) INSTRUCTION TO INSTITUTIONS OF HIGHER EDU10 CATION.—Not less frequently than annually, the Task 

11 Force shall provide relevant instruction to institutions of 

12 higher education at which research projects on the Sen13 sitive Research Projects List are being carried out. Such 

14 instruction shall provide the institutions of higher edu15 cation with information related to the threat posed by es16 pionage, best practices identified by the Task Force, and, 

17 to the extent possible, any specific risks that the intel18 ligence community, the qualified funding agency, or law 

19 enforcement entities determine appropriate to share with 

20 the institutions. 

21 (g) REPORT TO CONGRESS.—Not later than one year 

22 after the date of enactment of this Act, and every 6 

23 months thereafter, the Task Force shall provide a report 

24 to the Committee on Homeland Security and Govern25 mental Affairs, the Committee on Health, Education, 


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1 Labor, and Pensions, the Committee on Armed Services, 

2 and the Select Committee on Intelligence of the Senate 

3 and to the Committee on Homeland Security, the Com4 mittee on Education and Labor, the Committee on Armed 

5 Services, and the Permanent Select Committee on Intel6 ligence of the House of Representatives, regarding the 

7 threat of espionage at institutions of higher education. In 

8 each such briefing, the Task Force shall identify actions 

9 that may be taken to reduce espionage carried out through 

10 student participation in sensitive research projects. The 

11 Task Force shall also include in this report an assessment 

12 of whether the current licensing regulations relating to the 

13 International Traffic in Arms Regulations and the Export 

14 Administration Regulations are sufficient to protect the 

15 security of the projects listed on the Sensitive Research 

16 Projects List. 

17 SEC. 4. FOREIGN STUDENT PARTICIPATION IN SENSITIVE 

18 RESEARCH PROJECTS. 

19 (a) APPROVAL OF FOREIGN STUDENT PARTICIPA20 TION REQUIRED.— 

21 (1) IN GENERAL.—Beginning on the date that 

22 is one year after the date of enactment of this Act, 

23 for each project on the Sensitive Research Projects 

24 List that is open to student participation, the head 


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1 of such project at the institution of higher education 

2 at which the project is being carried out shall— 

3 (A) obtain proof of citizenship from any 

4 student participating or expected to participate 

5 in such project before the student is permitted 

6 to participate in such project; and 

7 (B) for any student who is a citizen of a 

8 country identified in subsection (b), submit the 

9 required information, to be defined in coordina10 tion with the office designated by the Task 

11 Force to perform the background screening, to 

12 their grantmaking agency, who shall transmit 

13 that information in a standardized format, to 

14 be stipulated in coordination with the office des15 ignated by the Task Force to perform the back16 ground screening, to the office designated by 

17 the Task Force to perform the background 

18 screening. 

19 (2) BACKGROUND SCREENING.—An office des20 ignated by the Task Force shall perform a back21 ground screening of a student described in para22 graph (1) and approve or deny the student’s partici23 pation in the relevant project within 90 days of ini24 tial receipt of the information described in para25 graph (1)(B), and— 


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1 (A) the scope of any such screening shall 

2 be determined by the designated office in con3 sultation with the Task Force, with reference to 

4 the specific project and the requirements of the 

5 grantmaking agency; 

6 (B) the Secretary of Homeland Security, 

7 as head of the Task Force, shall retain author8 ity to delay approval or denial of a student’s 

9 participation in a sensitive research project in 

10 30-day increments, as needed in coordination 

11 with Task Force member agencies; and 

12 (C) institutions of higher education shall 

13 maintain the right to petition findings and con14 test the outcome of a screening. 

15 (b) LIST OF CITIZENSHIP REQUIRING APPROVAL.— 

16 Approval under subsection (a) shall be required for any 

17 student who is a citizen of a country that is one of the 

18 following: 

19 (1) The People’s Republic of China. 

20 (2) The Russian Federation. 

21 (3) The Islamic Republic of Iran. 

22 SEC. 5. FOREIGN ENTITIES. 

23 (a) LIST OF FOREIGN ENTITIES THAT POSE AN IN24 TELLIGENCE THREAT.—Not later than one year after the 

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1 land Security shall coordinate with the Director of Na2 tional Intelligence to identify foreign entities, including 

3 governments, corporations, nonprofit and for-profit orga4 nizations, and any subsidiary or affiliate of such an entity, 

5 that the Director determines pose a threat of espionage 

6 with respect to sensitive research projects, and shall de7 velop and maintain a list of such entities. The Director 

8 may add or remove entities from such list at any time. 

9 The initial list developed by the Director shall include the 

10 following entities (including any subsidiary or affiliate): 

11 (1) Huawei Technologies Company. 

12 (2) ZTE Corporation. 

13 (3) Hytera Communications Corporation. 

14 (4) Hangzhou Hikvision Digital Technology 

15 Company. 

16 (5) Dahua Technology Company. 

17 (6) Kaspersky Lab. 

18 (7) Any entity that is owned or controlled by, 

19 or otherwise has demonstrated financial ties to, the 

20 government of a country identified under section 

21 4(b). 

22 (b) NOTICE TO INSTITUTIONS OF HIGHER EDU23 CATION.—The Secretary of Homeland Security shall make 

24 the initial list required under subsection (a) in coordina25 tion with the Director of National Intelligence, and any 


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1 changes to such list, available to the Task Force and the 

2 head of each qualified funding agency as soon as prac3 ticable. The Secretary of Homeland Security shall provide 

4 such initial list and subsequent amendments to each insti5 tution of higher education at which a project on the Sen6 sitive Research Projects List is being carried out. 

7 (c) PROHIBITION ON USE OF CERTAIN TECH8 NOLOGIES.—Beginning on the date that is one year after 

9 the date of the enactment of this Act, the head of each 

10 sensitive research project shall, as a condition of receipt 

11 of funds from the Department of Homeland Security, cer12 tify to the Secretary of Homeland Security, beginning on 

13 the date that is 2 years after the date of the enactment 

14 of this Act, any technology developed by an entity included 

15 on the list maintained under subsection (a) shall not be 

16 utilized in carrying out the sensitive research project. 

17 SEC. 6. ENFORCEMENT. 

18 The Secretary of Homeland Security shall take such 

19 steps as may be necessary to enforce the provisions of sec20 tions 4 and 5 of this Act. Upon determination that the 

21 head of a sensitive research project has failed to meet the 

22 requirements of either section 4 or section 5, the Secretary 

23 of Homeland Security may determine the appropriate en24 forcement action, including— 


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1 (1) imposing a probationary period, not to ex2 ceed 6 months, on the head of such project, or on 

3 the project; 

4 (2) reducing or otherwise limiting the funding 

5 for such project until the violation has been rem6 edied; 

7 (3) permanently cancelling the funding for such 

8 project; or 

9 (4) any other action the head of the qualified 

10 funding agency determines to be appropriate. 

11 SEC. 7. DEFINITIONS. 

12 In this Act: 

13 (1) CITIZEN OF A COUNTRY.—The term ‘‘cit14 izen of a country,’’ with respect to a student, in15 cludes all countries in which the student has held or 

16 holds citizenship or holds permanent residency. 

17 (2) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ means an in19 stitution described in section 102 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1002) that re21 ceives Federal funds in any amount and for any pur22 pose. 

23 (3) INTELLIGENCE COMMUNITY.—The term 

24 ‘‘intelligence community’’ has the meaning given 


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1 that term in section 3 of the National Security Act 

2 of 1947 (50 U.S.C. 3003). 

3 (4) QUALIFIED FUNDING AGENCY.—The term 

4 ‘‘qualified funding agency’’, with respect to a sen5 sitive research project, means— 

6 (A) the Department of Defense, if the sen7 sitive research project is funded in whole or in 

8 part by the Department of Defense; 

9 (B) the Department of Energy, if the sen10 sitive research project is funded in whole or in 

11 part by the Department of Energy; or 

12 (C) an element of the intelligence commu13 nity, if the sensitive research project is funded 

14 in whole or in part by the element of the intel15 ligence community. 

16 (5) SENSITIVE RESEARCH PROJECT.—The term 

17 ‘‘sensitive research project’’ means a research 

18 project at an institution of higher education that is 

19 funded by a Task Force member agency, except that 

20 such term shall not include any research project that 

21 is classified or that requires the participants in such 

22 project to obtain a security clearance. 

23 (6) STUDENT PARTICIPATION.—The term ‘‘stu24 dent participation’’ means any student activity of a 


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1 student with access to sensitive research project-spe2 cific information for any reason. 

Æ 


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