II 

116TH CONGRESS 

1ST SESSION S. 2133 

To establish an interagency working group for coordination and development 

of Federal research protection, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2019 

Mr. CORNYN (for himself, Ms. ROSEN, Mr. RUBIO, Mr. MURPHY, Mr. 

HOEVEN, Mrs. GILLIBRAND, Mrs. FISCHER, and Mr. LANKFORD) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish an interagency working group for coordination 

and development of Federal research protection, 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 ‘‘Secure American Re5 search Act of 2019’’. 

6 SEC. 2. SECURING AMERICAN SCIENCE AND TECHNOLOGY. 

7 (a) DEFINITIONS.—In this section— 

8 (1) the term ‘‘Academies’’ means the National 

9 Academies of Science, Engineering and Medicine; 


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1 (2) the term ‘‘Federal science agency’’ means 

2 any Federal agency with not less than $100,000,000 

3 in basic and applied research obligations in fiscal 

4 year 2018; 

5 (3) the term ‘‘grantee’’ means an entity that 

6 is— 

7 (A) a recipient or subrecipient of a Federal 

8 grant or cooperative agreement; and 

9 (B) an institution of higher education or a 

10 nonprofit organization; 

11 (4) the term ‘‘institution of higher education’’ 

12 has the meaning given the term in section 101 of the 

13 Higher Education Act of 1965 (20 U.S.C. 1001); 

14 (5) the term ‘‘relevant Committees’’ means— 

15 (A) the Committee on Commerce, Science, 

16 and Transportation of the Senate; 

17 (B) the Committee on Science, Space, and 

18 Technology of the House of Representatives; 

19 (C) the Committee on Armed Services of 

20 the Senate; 

21 (D) the Committee on Armed Services of 

22 the House of Representatives; 

23 (E) the Committee on Homeland Security 

24 and Governmental Affairs of the Senate; 


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1 (F) the Committee on Oversight and Re2 form of the House of Representatives; 

3 (G) the Committee on Foreign Relations of 

4 the Senate; and 

5 (H) the Committee on Foreign Affairs of 

6 the House of Representatives; 

7 (6) the term ‘‘roundtable’’ means the National 

8 Science, Technology, and Security Roundtable estab9 lished under subsection (d); and 

10 (7) the term ‘‘working group’’ means the inter11 agency working group established under subsection 

12 (b). 

13 (b) INTERAGENCY WORKING GROUP FOR COORDINA14 TION AND DEVELOPMENT OF FEDERAL RESEARCH PRO15 TECTION.— 

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

17 Science and Technology Policy, acting through the 

18 National Science and Technology Council and in 

19 consultation with the National Security Advisor, 

20 shall establish an interagency working group to co21 ordinate activities to protect federally funded re22 search and development from foreign interference, 

23 cyberattacks, theft, or espionage and to develop com24 mon definitions and best practices for Federal 

25 science agencies and grantees, while accounting for 


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1 the importance of the open exchange of ideas and 

2 international talent required for scientific progress 

3 and American leadership in science and technology. 

4 (2) MEMBERSHIP.— 

5 (A) IN GENERAL.—The working group 

6 shall include a representative of— 

7 (i) the National Science Foundation; 

8 (ii) the Department of Energy; 

9 (iii) the National Aeronautics and 

10 Space Administration; 

11 (iv) the National Institute of Stand12 ards and Technology; 

13 (v) the Department of Commerce; 

14 (vi) the National Institutes of Health; 

15 (vii) the Department of Defense; 

16 (viii) the Department of Agriculture; 

17 (ix) the Department of Education; 

18 (x) the Department of State; 

19 (xi) the Department of the Treasury; 

20 (xii) the Department of Justice; 

21 (xiii) the Department of Homeland 

22 Security; 

23 (xiv) the Central Intelligence Agency; 

24 (xv) the Federal Bureau of Investiga25 tion; 


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1 (xvi) the Office of the Director of Na2 tional Intelligence; 

3 (xvii) the Office of Management and 

4 Budget; 

5 (xviii) the National Economic Council; 

6 and 

7 (xix) such other Federal department 

8 or agency as the President considers ap9 propriate. 

10 (B) CHAIR.—The working group shall be 

11 chaired by the Director of the Office of Science 

12 and Technology Policy, or a designee of the Di13 rector. 

14 (3) RESPONSIBILITIES OF THE WORKING

15 GROUP.—The working group shall— 

16 (A) identify known and potential cyber, 

17 physical, and human intelligence threats and 

18 vulnerabilities within the United States sci19 entific and technological enterprise; 

20 (B) coordinate efforts among Federal 

21 agencies to update and share important infor22 mation with grantees, including specific exam23 ples of interference, cyberattacks, theft, or espi24 onage directed at federally funded research and 


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1 development or the integrity of the United 

2 States scientific enterprise; 

3 (C) identify effective existing mechanisms 

4 for protection of federally funded research and 

5 development, including mechanisms grantees 

6 are employing to protect federally funded re7 search; 

8 (D) develop an inventory of— 

9 (i) terms and definitions used across 

10 Federal science agencies to delineate areas 

11 that may require additional protection; and 

12 (ii) policies and procedures at Federal 

13 science agencies regarding protection of 

14 federally funded research; 

15 (E) develop and periodically update unclas16 sified policy guidance to assist Federal science 

17 agencies and grantees in having consistent poli18 cies to defend against threats to federally fund19 ed research and development and the integrity 

20 of the United States scientific enterprise that— 

21 (i) includes— 

22 (I) descriptions of known and po23 tential threats, including organiza24 tions of concern, to federally funded 

25 research and development and the inVerDate Sep 11 2014 23:46 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2133.IS S2133

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1 tegrity of the United States scientific 

2 enterprise; 

3 (II) common definitions and ter4 minology for categorization of re5 search and technologies that are pro6 tected; 

7 (III) identified areas of research 

8 or technology that might require addi9 tional protection; 

10 (IV) recommendations for how 

11 existing frameworks and control 

12 mechanisms can be better utilized to 

13 protect federally funded research and 

14 development from foreign interference, 

15 cyberattacks, theft or espionage, in16 cluding any recommendations for up17 dates to existing frameworks and con18 trol mechanisms and any rec19 ommendations, as appropriate, for 

20 new mechanisms for the protection of 

21 federally funded research; 

22 (V) recommendations for best 

23 practices for Federal science agencies 

24 and grantees to defend against threats 

25 to federally funded research and deVerDate Sep 11 2014 23:46 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2133.IS S2133

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1 velopment, including coordination and 

2 harmonization of any relevant report3 ing requirements that Federal science 

4 agencies implement for grantees; 

5 (VI) assessments of potential 

6 consequences that any proposed prac7 tices would have on international col8 laboration and United States leader9 ship in science and technology; and 

10 (VII) a classified addendum as 

11 necessary to further inform Federal 

12 science agency decisionmaking; and 

13 (ii) accounts for the range of needs 

14 across different sectors of the United 

15 States science and technology enterprise; 

16 (F) develop and ensure the implementation 

17 of a means for Federal agencies listed in para18 graph (2)(A) to aggregate and share Federal 

19 agency information regarding completed inves20 tigations of researchers that were determined to 

21 be knowingly fraudulent in disclosure of foreign 

22 interests, investments, or involvement relating 

23 to Federal research, which shall— 

24 (i) be shared among agencies listed in 

25 paragraph (2)(A); 


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1 (ii) not be made available to the pub2 lic; and 

3 (iii) not be subject to the require4 ments of section 552 of title 5, United 

5 States Code (commonly known as the 

6 ‘‘Freedom of Information Act’’); and 

7 (G) develop guidelines to create a con8 sistent cybersecurity policy across Federal agen9 cies to protect federally funded research and de10 velopment from foreign interference theft or es11 pionage through cybersecurity breaches, which 

12 shall— 

13 (i) be based on the framework the Na14 tional Institute of Standards and Tech15 nology entitled ‘‘Framework for Improving 

16 Critical Infrastructure Cybersecurity,’’ and 

17 in the case of controlled unclassified infor18 mation, on Special Publication 800–181 of 

19 the National Institutes of Standards and 

20 Technology entitled ‘‘Protecting Controlled 

21 Unclassified Information in Nonfederal 

22 Systems and Organizations’’, or any suc23 cessor thereto; 

24 (ii) include guidance on specific means 

25 Federal agencies can use to ensure grantVerDate Sep 11 2014 23:46 Jul 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2133.IS S2133

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1 ees are complying with cybersecurity 

2 standards that Federal agencies develop 

3 consistent with this subparagraph; and 

4 (iii) incorporate input from grantees, 

5 including from— 

6 (I) facility security officers; 

7 (II) chief information officers; 

8 (III) vice presidents for research; 

9 (IV) chief technology officers; 

10 and 

11 (V) other relevant officers as de12 termined by the working group. 

13 (4) COORDINATION WITH NATIONAL ACADEMIES

14 ROUNDTABLE.—The Director of the Office of 

15 Science and Technology Policy shall coordinate with 

16 the Academies to ensure that not less than 1 mem17 ber of the working group is also a member of the 

18 roundtable. 

19 (5) INTERIM REPORT.—Not later than 6 

20 months after the date of enactment of this Act, the 

21 Director of the Office of Science and Technology 

22 Policy shall provide a report to the relevant Commit23 tees that includes— 

24 (A) the inventory required under para25 graph (3)(D); 


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1 (B) an update on progress toward devel2 oping the policy guidance required under para3 graph (3)(E); and 

4 (C) any additional activities undertaken by 

5 the working group in that time. 

6 (6) BIENNIAL REPORTING.—Not later than 2 

7 years after the date of enactment of this Act, and 

8 not less frequently than every 2 years thereafter, the 

9 Director of the Office of Science and Technology 

10 Policy shall provide to the relevant Committees a 

11 summary report on the activities of the working 

12 group and the most current version of the policy 

13 guidance required under subparagraphs (E) and (G) 

14 of paragraph (3). 

15 (c) CYBER STANDARDS.— 

16 (1) IN GENERAL.—Each Federal research agen17 cy shall— 

18 (A) issue standards consistent with those 

19 developed under subsection (b)(3)(G); and 

20 (B) ensure that grantees are employing cy21 bersecurity practices that meet those agency 

22 standards using means consistent with those 

23 developed under subsection (b)(3)(G)(ii). 

24 (2) COOPERATIVE AGREEMENTS.—Each Fed25 eral research agency shall make compliance with the 


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1 standards described in paragraph (1), as determined 

2 by the means described in that paragraph, a require3 ment in each grant to or cooperative agreement with 

4 a grantee. 

5 (d) NATIONAL SCIENCE, TECHNOLOGY, AND SECU6 RITY ROUNDTABLE.— 

7 (1) IN GENERAL.—The National Science Foun8 dation, the Department of Energy, and the Depart9 ment of Defense, and any other Federal agency as 

10 determined by the Director of the Office of Science 

11 and Technology Policy, shall enter into a joint agree12 ment with the Academies to create a National 

13 Science, Technology, and Security Roundtable. 

14 (2) PARTICIPANTS.—The roundtable shall in15 clude senior representatives and practitioners from 

16 Federal science, intelligence, national security agen17 cies, and law enforcement agencies, as well as key 

18 stakeholders in the United States scientific enter19 prise, including institutions of higher education, 

20 Federal research laboratories, industry, and non21 profit research organizations. 

22 (3) PURPOSE.—The purpose of the roundtable 

23 is to facilitate among participants— 

24 (A) exploration of critical issues related to 

25 protecting United States national and economic 


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1 security while ensuring the open exchange of 

2 ideas and international talent required for sci3 entific progress and the leadership of the 

4 United States in science and technology; 

5 (B) identification and consideration of se6 curity threats and risks involving federally 

7 funded research and development, including for8 eign interference, cyber attacks, theft, or espio9 nage; 

10 (C) identification of effective approaches 

11 for communicating the threats and risks identi12 fied in subparagraph (B) to the academic and 

13 scientific community, including through the 

14 sharing of unclassified data and relevant case 

15 studies; 

16 (D) sharing of best practices for address17 ing and mitigating the threats and risks identi18 fied in subparagraph (B); and 

19 (E) examination of potential near- and 

20 long-term responses by the Federal Government 

21 and the academic and scientific community to 

22 mitigate and address the risks associated with 

23 foreign threats. 

24 (4) REPORT AND BRIEFING.—The joint agree25 ment under paragraph (1) shall specify that— 


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1 (A) the roundtable shall periodically orga2 nize workshops and issue publicly available re3 ports on the topics described in paragraph (3) 

4 and the activities of the roundtable; and 

5 (B) not later than March 1, 2020, the 

6 Academies shall provide a briefing to relevant 

7 Committees on the progress and activities of 

8 the roundtable. 

9 (e) SAVINGS CLAUSE.—Nothing in this Act may be 

10 construed to alter the jurisdiction, authority, or procedural 

11 responsibilities of any Federal agency. 

Æ 


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