S.Amdt. 1533

SA 1533. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle A of title I of division C, add the
following:

SEC. 3102. ADDRESSING RISK POSED BY CERTAIN COUNTRIES WITH
RESPECT TO RESEARCH AND DEVELOPMENT.

(a) Definitions.--In this section:
(1) Country of risk.--
(A) In general.--The term ``country of risk'' means a
foreign country the Secretary of Energy determines to present
a risk of theft of United States intellectual property or a
threat to the national security of the United States if
nationals of the country participate in any research,
development, demonstration, or deployment activity authorized
under this Act or an amendment made by this Act.
(B) Consultations and considerations.--In making
determinations with respect to countries of risk under
subparagraph (A), the Secretary shall--
(i) consult with the Director, the Director of the Office
of Science and Technology Policy, and the National Security
Council; and
(ii) take into consideration--

(I) the most recent World Wide Threat Assessment of the
United States Intelligence Community, prepared by the
Director of National Intelligence; and
(II) the most recent National Counterintelligence Strategy
of the United States.

(2) National.--The term ``national'' has the meaning given
that term in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Science and Technology Risk Matrix.--
(1) In general.--The Secretary, in coordination with the
Director and the Director of the Office of Science and
Technology Policy, shall develop and maintain a Science and
Technology Risk Matrix for any research, development,
demonstration, or deployment activity authorized under this
Act or an amendment made by this Act to facilitate
determinations of the risk of theft of United States
intellectual property or threat to the national security of
the United States posed by each such activity.
(2) Content and implementation.--The matrix developed under
paragraph (1) shall be developed, maintained, and used in a
manner consistent with Department of Energy Order 142.3B (as
in effect on the day before the date of the enactment of this
Act).
(c) Prohibition on Nationals of Countries of Risk
Participating in Research and Development Activities.--
(1) In general.--A national of a country of risk may not
participate in any research, development, demonstration, or
deployment activity authorized under this Act or an amendment
made by this Act.
(2) Penalties.--Any person that receives funds authorized
to be appropriated or otherwise made available by this Act
that is found to be in violation of paragraph (1) shall be
prohibited from receiving Federal funding for a period of 10
years after being found in violation of paragraph (1).
(d) Entity of Concern Prohibition.--
(1) In general.--No entity described in paragraph (2) or
person affiliated with such an entity may receive or
participate in any grant, award, program, support, or other
activity authorized under this Act or an amendment made by
this Act.
(2) Entities described.--An entity described in this
paragraph is any entity--
(A) identified under section 1237(b) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 1701 note);
(B) identified under section 1260H of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283); or
(C) on the Entity List maintained by the Bureau of Industry
and Security of the Department of Commerce and set forth in
Supplement No. 4 to part 744 of title 15, Code of Federal
Regulations.
(e) Report Required.--Not later than 240 days after the
date of the enactment of this Act, the Secretary and the
Director shall jointly submit to Congress a report that--
(1) describes--
(A) the extent to which nationals of countries of risk are
participating in research and development activities of the
Department of Energy or the Foundation; and
(B) the disciplines of those research and development
activities;
(2) includes a mitigation plan for ensuring nationals of
countries of risk do not participate in any future or ongoing
research and development activities of the Department of
Energy or the Foundation; and
(3) defines critical research areas, classified by risk, as
determined by the Secretary and the Director.
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