S.Amdt. 2591

SA 2591. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill H.R. 5515, to authorize appropriations for fiscal year
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title II, insert the following:

SEC. ___. ACADEMIC COUNTER EXPLOITATION WORKING GROUP.

(a) Establishment.--
(1) In general.--The Secretary of Defense and the Director
of the Federal Bureau of Investigation, in consultation with
the Director of the Defense Security Service and the
Secretary of Homeland Security, shall establish a working
group to develop best practices and provide guidelines for
tier I research institutions of higher education--
(A) to identify threats to sensitive research and
technology from foreign nationals who study, research, or
teach at such institutions;
(B) to limit or prohibit access to such research and
technology by such foreign nationals; and
(C) to prevent the unlawful transfer of such research and
technology to such foreign nationals.
(2) Designation.--The working group established under
paragraph (1) shall be known as the ``Academic Counter
Exploitation Working Group'' (in this section the ``Working
Group'').
(b) Composition.--
(1) In general.--The Working Group shall be composed of the
following:
(A) The Secretary of Defense.
(B) The Director of the Federal Bureau of Investigation.
(C) The chief research security officers and chief
information security officers from such tier I research
institutions of higher learning as the Secretary of Defense,
in consultation with the Secretary of Homeland Security,
shall select for purposes of this section.
(2) Requirements.--In selecting research institutions of
higher education under this subsection, the Secretary of
Defense and the Secretary of Homeland Security shall jointly
select institutions of higher education that the Secretaries
determine demonstrate a record of excellence in industrial
security and counterintelligence in academia and in research
and development.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Working Group shall submit to
the appropriate committees of Congress a report on the
activities of the Working Group.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the activities conducted and the
progress made by the Working Group.
(B) The findings of the Working Group.
(C) Such recommendations as the Working Group may have for
legislative or administrative action.
(D) Identification and discussion of the gaps in legal
authorities that need to be improve to enhance the security
of tier I research institutions of higher education.
(E) A description of the actions taken by such institutions
to comply with the best practices and guidelines established
by the Working Group.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in classified form.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Armed Services, Permanent Select
Committee on Intelligence, and the Committee on Homeland
Security of the House of Representatives.
(2) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(3) The term ``tier I'' with respect to an institution of
higher education means the institution of higher education
has the highest research activity, as defined by the Carnegie
Classification of Institutions of Higher Education.
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