To protect the United States against efforts of China and other foreign entities to engage in economic espionage and to misappropriate United States intellectual property, research and development, and innovation efforts.

SA 1802. Mr. RUBIO (for himself, Mr. Burr, Mr. Risch, Mr. Blunt, Mr.
Cotton, Mr. Cornyn, and Mr. Sasse) 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 appropriate place, insert the following:

SEC. __. COUNTERINTELLIGENCE AND NATIONAL SECURITY
PROTECTIONS.

(a) Counterintelligence Screening Process.--
(1) Establishment.--The Director of National Intelligence,
the Director of the National Counterintelligence and Security
Center, and the Director of the Federal Bureau of
Investigation shall jointly establish a counterintelligence
screening process to protect the United States against
efforts of China and other foreign entities to engage in
economic espionage and to misappropriate United States
intellectual property, research and development, and
innovation efforts.
(2) Functions.--Subject to the joint direction and control
of the Director of National Intelligence, the Director of the
National Counterintelligence and Security Center, and the
Director of the Federal Bureau of Investigation, the
counterintelligence screening process established under
paragraph (1) shall assess and screen all funds provided
under this Act (including grants awarded under this Act) for
potential national security threats.
(3) Funding.--Amounts required to carry out the process
established under paragraph (1) shall be derived from amounts
appropriated to carry out this Act.
(b) Protections.--
(1) Certification required for receipt of amounts.--
Notwithstanding any other provision of this Act, no person
may receive any amount (including an amount as part of a
grant awarded under this Act) or purchase, lease, or
otherwise obtain any intellectual property developed through
a grant awarded under this Act, unless the Director of
National Intelligence, the Director of the National
Counterintelligence and Security Center, and the Director of
the Federal Bureau of Investigation jointly certify that the
person has sufficient protections in place to protect against
misappropriation of United States intellectual property,
research and development, and innovation efforts, and other
threats from foreign governments and other entities.
(2) Certification requirements.--Notwithstanding any other
provision of this Act, no certification may be made under
paragraph (1) with respect to a person unless such person
discloses to the Director of National Intelligence, the
Director of the National Counterintelligence and Security
Center, and the Director of the Federal Bureau of
Investigation the following:
(A) Any funding received by the person from a foreign
source during the most recent 10-year period.
(B) Any financial or in-kind support received by the person
from any entity--
(i) owned or controlled by the Government of the People's
Republic of China; or
(ii) in which the Government of the People's Republic of
China has an ownership interest.
(C) Any participation of the person in a foreign government
talent recruitment program, consistent with section 2303.
______