Protect America’s Biomedical Research Enterprise Act of 2021

To ensure the security of biomedical research, and for other purposes. 1. Short title This Act may be cited as the Protect America’s Biomedical Research Enterprise Act of 2021 2. Protecting America’s biomedical research enterprise (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (1) identify ways to improve the protection of intellectual property and other proprietary information, as well as identifiable, sensitive information of participants in biomedical research and development, from national security risks and other applicable threats, including the identification of gaps in policies and procedures in such areas related to biomedical research and development supported by the Department of Health and Human Services and biomedical research supported by other agencies as applicable, and make recommendations to institutions of higher education or other entities that have traditionally received Federal funding for biomedical research to protect such information; (2) identify or develop strategies to prevent, mitigate, and address national security threats in biomedical research and development supported by the Federal Government, including such threats associated with foreign talent programs, by countries seeking to exploit United States technology and other proprietary information as it relates to such biomedical research and development; (3) identify national security risks and potential misuse of proprietary information, and identifiable, sensitive information of biomedical research participants and other applicable risks, including with respect to peer review, and make recommendations for additional policies and procedures to protect such information; (4) develop a framework to identify areas of biomedical research and development supported by the Federal Government that are emerging areas of interest for state actors and would compromise national security if they were to be subjected to undue foreign influence; and (5) regularly review recommendations or policies developed under this section and make additional recommendations or updates, as appropriate. (b) Report to President and to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit, in a manner that does not compromise national security, to the President and the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intelligence of the Senate, the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives, and other congressional committees as appropriate, a report on the findings and recommendations pursuant to subsection (a).

Summary: Protect America's Biomedical Research Enterprise Act of 2021 This bill requires the Department of Health and Human Services (HHS) to evaluate ways to better protect intellectual property, sensitive medical information, and similar information used in biomedical research and development from national security risks and related threats. In particular, HHS must identify national security risks and potential misuse of proprietary information and develop strategies to prevent or mitigate such risks and misuse in federally funded biomedical research and development. HHS must also develop a framework to identify areas of federally funded biomedical research and development that are emerging areas of interest to state actors and regularly review its recommendations and policies related to the protection of biomedical research and development. In carrying out these activities, HHS must collaborate with relevant federal agencies (such as the Federal Bureau of Investigation) and consult with research institutions, research advocacy organizations, and other experts.