S.Amdt. 4293

SA 4293. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military

[[Page S7850]]

personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H--Safeguarding American Innovation

SEC. 1071. SHORT TITLE.

This subtitle may be cited as the ``Safeguarding American
Innovation Act''.

SEC. 1072. DEFINITIONS.

In this subtitle:
(1) Federal science agency.--The term ``Federal science
agency'' means any Federal department or agency to which more
than $100,000,000 in basic and applied research and
development funds were appropriated for the previous fiscal
year.
(2) Research and development.--
(A) In general.--The term ``research and development''
means all research activities, both basic and applied, and
all development activities.
(B) Development.--The term ``development'' means
experimental development.
(C) Experimental development.--The term ``experimental
development'' means creative and systematic work, drawing
upon knowledge gained from research and practical experience,
which--
(i) is directed toward the production of new products or
processes or improving existing products or processes; and
(ii) like research, will result in gaining additional
knowledge.
(D) Research.--The term ``research''--
(i) means a systematic study directed toward fuller
scientific knowledge or understanding of the subject studied;
and
(ii) includes activities involving the training of
individuals in research techniques if such activities--

(I) utilize the same facilities as other research and
development activities; and
(II) are not included in the instruction function.

SEC. 1073. FEDERAL RESEARCH SECURITY COUNCIL.

(a) In General.--Subtitle V of title 31, United States
Code, is amended by adding at the end the following:

``CHAPTER 79--FEDERAL RESEARCH SECURITY COUNCIL

``Sec.
``7901. Definitions.
``7902. Federal Research Security Council establishment and membership.
``7903. Functions and authorities.
``7904. Strategic plan.
``7905. Annual report.
``7906. Requirements for Executive agencies.

``Sec. 7901. Definitions

``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Commerce, Science, and
Transportation of the Senate;
``(C) the Select Committee on Intelligence of the Senate;
``(D) the Committee on Foreign Relations of the Senate;
``(E) the Committee on Armed Services of the Senate;
``(F) the Committee on Health, Education, Labor, and
Pensions of the Senate;
``(G) the Committee on Oversight and Reform of the House of
Representatives;
``(H) the Committee on Homeland Security of the House of
Representatives;
``(I) the Committee on Energy and Commerce of the House of
Representatives;
``(J) the Permanent Select Committee on Intelligence of the
House of Representatives;
``(K) the Committee on Foreign Affairs of the House of
Representatives;
``(L) the Committee on Armed Services of the House of
Representatives; and
``(M) the Committee on Education and Labor of the House of
Representatives.
``(2) Council.--The term `Council' means the Federal
Research Security Council established under section 7902(a).
``(3) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(4) Federal research security risk.--The term `Federal
research security risk' means the risk posed by malign state
actors and other persons to the security and integrity of
research and development conducted using research and
development funds awarded by Executive agencies.
``(5) Insider.--The term `insider' means any person with
authorized access to any United States Government resource,
including personnel, facilities, information, research,
equipment, networks, or systems.
``(6) Insider threat.--The term `insider threat' means the
threat that an insider will use his or her authorized access
(wittingly or unwittingly) to harm the national and economic
security of the United States or negatively affect the
integrity of a Federal agency's normal processes, including
damaging the United States through espionage, sabotage,
terrorism, unauthorized disclosure of national security
information or nonpublic information, a destructive act
(which may include physical harm to another in the
workplace), or through the loss or degradation of
departmental resources, capabilities, and functions.
``(7) Research and development.--
``(A) In general.--The term `research and development'
means all research activities, both basic and applied, and
all development activities.
``(B) Development.--The term `development' means
experimental development.
``(C) Experimental development.--The term `experimental
development' means creative and systematic work, drawing upon
knowledge gained from research and practical experience,
which--
``(i) is directed toward the production of new products or
processes or improving existing products or processes; and
``(ii) like research, will result in gaining additional
knowledge.
``(D) Research.--The term `research'--
``(i) means a systematic study directed toward fuller
scientific knowledge or understanding of the subject studied;
and
``(ii) includes activities involving the training of
individuals in research techniques if such activities--

``(I) utilize the same facilities as other research and
development activities; and
``(II) are not included in the instruction function.

``(8) United states research community.--The term `United
States research community' means--
``(A) research and development centers of Executive
agencies;
``(B) private research and development centers in the
United States, including for profit and nonprofit research
institutes;
``(C) research and development centers at institutions of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)));
``(D) research and development centers of States, United
States territories, Indian tribes, and municipalities;
``(E) government-owned, contractor-operated United States
Government research and development centers; and
``(F) any person conducting federally funded research or
receiving Federal research grant funding.

``Sec. 7902. Federal Research Security Council establishment
and membership

``(a) Establishment.--There is established, in the Office
of Management and Budget, a Federal Research Security
Council, which shall develop federally funded research and
development grant making policy and management guidance to
protect the national and economic security interests of the
United States.
``(b) Membership.--
``(1) In general.--The following agencies shall be
represented on the Council:
``(A) The Office of Management and Budget.
``(B) The Office of Science and Technology Policy.
``(C) The Department of Defense.
``(D) The Department of Homeland Security.
``(E) The Office of the Director of National Intelligence.
``(F) The Department of Justice.
``(G) The Department of Energy.
``(H) The Department of Commerce.
``(I) The Department of Health and Human Services.
``(J) The Department of State.
``(K) The Department of Transportation.
``(L) The National Aeronautics and Space Administration.
``(M) The National Science Foundation.
``(N) The Department of Education.
``(O) The Small Business Administration.
``(P) The Council of Inspectors General on Integrity and
Efficiency.
``(Q) Other Executive agencies, as determined by the
Chairperson of the Council.
``(2) Lead representatives.--
``(A) Designation.--Not later than 45 days after the date
of the enactment of the Safeguarding American Innovation Act,
the head of each agency represented on the Council shall
designate a representative of that agency as the lead
representative of the agency on the Council.
``(B) Functions.--The lead representative of an agency
designated under subparagraph (A) shall ensure that
appropriate personnel, including leadership and subject
matter experts of the agency, are aware of the business of
the Council.
``(c) Chairperson.--
``(1) Designation.--Not later than 45 days after the date
of the enactment of the Safeguarding American Innovation Act,
the Director of the Office of Management and Budget shall
designate a senior level official from the Office of
Management and Budget to serve as the Chairperson of the
Council.
``(2) Functions.--The Chairperson shall perform functions
that include--
``(A) subject to subsection (d), developing a schedule for
meetings of the Council;
``(B) designating Executive agencies to be represented on
the Council under subsection (b)(1)(Q);
``(C) in consultation with the lead representative of each
agency represented on the Council, developing a charter for
the Council; and
``(D) not later than 7 days after completion of the
charter, submitting the charter to the appropriate
congressional committees.
``(3) Lead science advisor.--The Director of the Office of
Science and Technology Policy shall designate a senior level
official to be the lead science advisor to the Council for
purposes of this chapter.
``(4) Lead security advisor.--The Director of the National
Counterintelligence and Security Center shall designate a
senior level official from the National Counterintelligence
and Security Center to be the lead security advisor to the
Council for purposes of this chapter.
``(d) Meetings.--The Council shall meet not later than 60
days after the date of the

[[Page S7851]]

enactment of the Safeguarding American Innovation Act and not
less frequently than quarterly thereafter.

``Sec. 7903. Functions and authorities

``(a) Definitions.--In this section:
``(1) Implementing.--The term `implementing' means working
with the relevant Federal agencies, through existing
processes and procedures, to enable those agencies to put in
place and enforce the measures described in this section.
``(2) Uniform application process.--The term `uniform
application process' means a process employed by Federal
science agencies to maximize the collection of information
regarding applicants and applications, as determined by the
Council.
``(b) In General.--The Chairperson of the Council shall
consider the missions and responsibilities of Council members
in determining the lead agencies for Council functions. The
Council shall perform the following functions:
``(1) Developing and implementing, across all Executive
agencies that award research and development grants, awards,
and contracts, a uniform application process for grants in
accordance with subsection (c).
``(2) Developing and implementing policies and providing
guidance to prevent malign foreign interference from unduly
influencing the peer review process for federally funded
research and development.
``(3) Identifying or developing criteria for sharing among
Executive agencies and with law enforcement and other
agencies, as appropriate, information regarding individuals
who violate disclosure policies and other policies related to
research security.
``(4) Identifying an appropriate Executive agency--
``(A) to accept and protect information submitted by
Executive agencies and non-Federal entities based on the
process established pursuant to paragraph (1); and
``(B) to facilitate the sharing of information received
under subparagraph (A) to support, consistent with Federal
law--
``(i) the oversight of federally funded research and
development;
``(ii) criminal and civil investigations of misappropriated
Federal funds, resources, and information; and
``(iii) counterintelligence investigations.
``(5) Identifying, as appropriate, Executive agencies to
provide--
``(A) shared services, such as support for conducting
Federal research security risk assessments, activities to
mitigate such risks, and oversight and investigations with
respect to grants awarded by Executive agencies; and
``(B) common contract solutions to support the verification
of the identities of persons participating in federally
funded research and development.
``(6) Identifying and issuing guidance, in accordance with
subsection (e) and in coordination with the National Insider
Threat Task Force established by Executive Order 13587 (50
U.S.C. 3161 note) for expanding the scope of Executive agency
insider threat programs, including the safeguarding of
research and development from exploitation, compromise, or
other unauthorized disclosure, taking into account risk
levels and the distinct needs, missions, and systems of each
such agency.
``(7) Identifying and issuing guidance for developing
compliance and oversight programs for Executive agencies to
ensure that research and development grant recipients
accurately report conflicts of interest and conflicts of
commitment in accordance with subsection (c)(1). Such
programs shall include an assessment of--
``(A) a grantee's support from foreign sources and
affiliations, appointments, or participation in talent
programs with foreign funding institutions or laboratories;
and
``(B) the impact of such support and affiliations,
appointments, or participation in talent programs on United
States national security and economic interests.
``(8) Providing guidance to Executive agencies regarding
appropriate application of consequences for violations of
disclosure requirements.
``(9) Developing and implementing a cross-agency policy and
providing guidance related to the use of digital persistent
identifiers for individual researchers supported by, or
working on, any Federal research grant with the goal to
enhance transparency and security, while reducing
administrative burden for researchers and research
institutions.
``(10) Engaging with the United States research community
in conjunction with the National Science and Technology
Council and the National Academies Science, Technology and
Security Roundtable created under section 1746 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 42 U.S.C. 6601 note) in performing the
functions described in paragraphs (1), (2), and (3) and with
respect to issues relating to Federal research security
risks.
``(11) Carrying out such other functions, consistent with
Federal law, that are necessary to reduce Federal research
security risks.
``(c) Requirements for Uniform Grant Application Process.--
In developing the uniform application process for Federal
research and development grants required under subsection
(b)(1), the Council shall--
``(1) ensure that the process--
``(A) requires principal investigators, co-principal
investigators, and key personnel associated with the proposed
Federal research or development grant project--
``(i) to disclose biographical information, all
affiliations, including any foreign military, foreign
government-related organizations, and foreign-funded
institutions, and all current and pending support, including
from foreign institutions, foreign governments, or foreign
laboratories, and all support received from foreign sources;
and
``(ii) to certify the accuracy of the required disclosures
under penalty of perjury; and
``(B) uses a machine-readable application form to assist in
identifying fraud and ensuring the eligibility of applicants;
``(2) design the process--
``(A) to reduce the administrative burden on persons
applying for Federal research and development funding; and
``(B) to promote information sharing across the United
States research community, while safeguarding sensitive
information; and
``(3) complete the process not later than 1 year after the
date of the enactment of the Safeguarding American Innovation
Act.
``(d) Requirements for Information Sharing Criteria.--In
identifying or developing criteria and procedures for sharing
information with respect to Federal research security risks
under subsection (b)(3), the Council shall ensure that such
criteria address, at a minimum--
``(1) the information to be shared;
``(2) the circumstances under which sharing is mandated or
voluntary;
``(3) the circumstances under which it is appropriate for
an Executive agency to rely on information made available
through such sharing in exercising the responsibilities and
authorities of the agency under applicable laws relating to
the award of grants;
``(4) the procedures for protecting intellectual capital
that may be present in such information; and
``(5) appropriate privacy protections for persons involved
in Federal research and development.
``(e) Requirements for Insider Threat Program Guidance.--In
identifying or developing guidance with respect to insider
threat programs under subsection (b)(6), the Council shall
ensure that such guidance provides for, at a minimum--
``(1) such programs--
``(A) to deter, detect, and mitigate insider threats; and
``(B) to leverage counterintelligence, security,
information assurance, and other relevant functions and
resources to identify and counter insider threats; and
``(2) the development of an integrated capability to
monitor and audit information for the detection and
mitigation of insider threats, including through--
``(A) monitoring user activity on computer networks
controlled by Executive agencies;
``(B) providing employees of Executive agencies with
awareness training with respect to insider threats and the
responsibilities of employees to report such threats;
``(C) gathering information for a centralized analysis,
reporting, and response capability; and
``(D) information sharing to aid in tracking the risk
individuals may pose while moving across programs and
affiliations;
``(3) the development and implementation of policies and
procedures under which the insider threat program of an
Executive agency accesses, shares, and integrates information
and data derived from offices within the agency and shares
insider threat information with the executive agency research
sponsors;
``(4) the designation of senior officials with authority to
provide management, accountability, and oversight of the
insider threat program of an Executive agency and to make
resource recommendations to the appropriate officials; and
``(5) such additional guidance as is necessary to reflect
the distinct needs, missions, and systems of each Executive
agency.
``(f) Issuance of Warnings Relating to Risks and
Vulnerabilities in International Scientific Cooperation.--
``(1) In general.--The Council, in conjunction with the
lead security advisor designated under section 7902(c)(4),
shall establish a process for informing members of the United
States research community and the public, through the
issuance of warnings described in paragraph (2), of potential
risks and vulnerabilities in international scientific
cooperation that may undermine the integrity and security of
the United States research community or place at risk any
federally funded research and development.
``(2) Content.--A warning described in this paragraph shall
include, to the extent the Council considers appropriate, a
description of--
``(A) activities by the national government, local
governments, research institutions, or universities of a
foreign country--
``(i) to exploit, interfere, or undermine research and
development by the United States research community; or
``(ii) to misappropriate scientific knowledge resulting
from federally funded research and development;
``(B) efforts by strategic competitors to exploit the
research enterprise of a foreign country that may place at
risk--
``(i) the science and technology of that foreign country;
or
``(ii) federally funded research and development; and
``(C) practices within the research enterprise of a foreign
country that do not adhere to the United States scientific
values of openness, transparency, reciprocity, integrity, and
merit-based competition.

[[Page S7852]]

``(g) Exclusion Orders.--To reduce Federal research
security risk, the Interagency Suspension and Debarment
Committee shall provide quarterly reports to the Director of
the Office of Management and Budget and the Director of the
Office of Science and Technology Policy that detail--
``(1) the number of ongoing investigations by Council
Members related to Federal research security that may result,
or have resulted, in agency pre-notice letters, suspensions,
proposed debarments, and debarments;
``(2) Federal agencies' performance and compliance with
interagency suspensions and debarments;
``(3) efforts by the Interagency Suspension and Debarment
Committee to mitigate Federal research security risk;
``(4) proposals for developing a unified Federal policy on
suspensions and debarments; and
``(5) other current suspension and debarment related
issues.
``(h) Savings Provision.--Nothing in this section may be
construed--
``(1) to alter or diminish the authority of any Federal
agency; or
``(2) to alter any procedural requirements or remedies that
were in place before the date of the enactment of the
Safeguarding American Innovation Act.

``Sec. 7904. Annual report

``Not later than November 15 of each year, the Chairperson
of the Council shall submit a report to the appropriate
congressional committees that describes the activities of the
Council during the preceding fiscal year.

``Sec. 7905. Requirements for Executive agencies

``(a) In General.--The head of each Executive agency on the
Council shall be responsible for--
``(1) assessing Federal research security risks posed by
persons participating in federally funded research and
development;
``(2) avoiding or mitigating such risks, as appropriate and
consistent with the standards, guidelines, requirements, and
practices identified by the Council under section 7903(b);
``(3) prioritizing Federal research security risk
assessments conducted under paragraph (1) based on the
applicability and relevance of the research and development
to the national security and economic competitiveness of the
United States; and
``(4) ensuring that initiatives impacting Federally funded
research grant making policy and management to protect the
national and economic security interests of the United States
are integrated with the activities of the Council.
``(b) Inclusions.--The responsibility of the head of an
Executive agency for assessing Federal research security risk
described in subsection (a) includes--
``(1) developing an overall Federal research security risk
management strategy and implementation plan and policies and
processes to guide and govern Federal research security risk
management activities by the Executive agency;
``(2) integrating Federal research security risk management
practices throughout the lifecycle of the grant programs of
the Executive agency;
``(3) sharing relevant information with other Executive
agencies, as determined appropriate by the Council in a
manner consistent with section 7903; and
``(4) reporting on the effectiveness of the Federal
research security risk management strategy of the Executive
agency consistent with guidance issued by the Office of
Management and Budget and the Council.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of title 31, United States Code, is amended by
inserting after the item relating to chapter 77 the
following:

``79. Federal Research Security Council....................7901.''.....

SEC. 1074. FEDERAL GRANT APPLICATION FRAUD.

(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1041. Federal grant application fraud

``(a) Definitions.--In this section:
``(1) Federal agency.--The term `Federal agency' has the
meaning given the term `agency' in section 551 of title 5,
United States Code.
``(2) Federal grant.--The term `Federal grant'--
``(A) means a grant awarded by a Federal agency;
``(B) includes a subgrant awarded by a non-Federal entity
to carry out a Federal grant program; and
``(C) does not include--
``(i) direct United States Government cash assistance to an
individual;
``(ii) a subsidy;
``(iii) a loan;
``(iv) a loan guarantee; or
``(v) insurance.
``(3) Federal grant application.--The term `Federal grant
application' means an application for a Federal grant.
``(4) Foreign compensation.--The term `foreign
compensation' means a title, monetary compensation, access to
a laboratory or other resource, or other benefit received
from--
``(A) a foreign government;
``(B) a foreign government institution; or
``(C) a foreign public enterprise.
``(5) Foreign government.--The term `foreign government'
includes a person acting or purporting to act on behalf of--
``(A) a faction, party, department, agency, bureau,
subnational administrative entity, or military of a foreign
country; or
``(B) a foreign government or a person purporting to act as
a foreign government, regardless of whether the United States
recognizes the government.
``(6) Foreign government institution.--The term `foreign
government institution' means a foreign entity owned by,
subject to the control of, or subject to regulation by a
foreign government.
``(7) Foreign public enterprise.--The term `foreign public
enterprise' means an enterprise over which a foreign
government directly or indirectly exercises a dominant
influence.
``(8) Law enforcement agency.--The term `law enforcement
agency'--
``(A) means a Federal, State, local, or Tribal law
enforcement agency; and
``(B) includes--
``(i) the Office of Inspector General of an establishment
(as defined in section 12 of the Inspector General Act of
1978 (5 U.S.C. App.)) or a designated Federal entity (as
defined in section 8G(a) of the Inspector General Act of 1978
(5 U.S.C. App.)); and
``(ii) the Office of Inspector General, or similar office,
of a State or unit of local government.
``(9) Outside compensation.--The term `outside
compensation' means any compensation, resource, or support
(regardless of monetary value) made available to the
applicant in support of, or related to, any research
endeavor, including a title, research grant, cooperative
agreement, contract, institutional award, access to a
laboratory, or other resource, including materials, travel
compensation, or work incentives.
``(b) Prohibition.--It shall be unlawful for any individual
to knowingly--
``(1) prepare or submit a Federal grant application that
fails to disclose the receipt of any outside compensation,
including foreign compensation, by the individual;
``(2) forge, counterfeit, or otherwise falsify a document
for the purpose of obtaining a Federal grant; or
``(3) prepare, submit, or assist in the preparation or
submission of a Federal grant application or document in
connection with a Federal grant application that--
``(A) contains a false statement;
``(B) contains a material misrepresentation;
``(C) has no basis in law or fact; or
``(D) fails to disclose a material fact.
``(c) Exception.--Subsection (b) does not apply to an
activity--
``(1) carried out in connection with a lawfully authorized
investigative, protective, or intelligence activity of--
``(A) a law enforcement agency; or
``(B) a Federal intelligence agency; or
``(2) authorized under chapter 224.
``(d) Penalty.--Any individual who violates subsection
(b)--
``(1) shall be fined in accordance with this title,
imprisoned for not more than 5 years, or both; and
``(2) shall be prohibited from receiving a Federal grant
during the 5-year period beginning on the date on which a
sentence is imposed on the individual under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end
the following:

``1041. Federal grant application fraud.''.

SEC. 1075. RESTRICTING THE ACQUISITION OF EMERGING
TECHNOLOGIES BY CERTAIN ALIENS.

(a) Grounds of Inadmissibility.--The Secretary of State may
determine that an alien is inadmissible if the Secretary
determines such alien is seeking to enter the United States
to knowingly acquire sensitive or emerging technologies to
undermine national security interests of the United States by
benefitting an adversarial foreign government's security or
strategic capabilities.
(b) Relevant Factors.--To determine if an alien is
inadmissible under subsection (a), the Secretary of State
shall--
(1) take account of information and analyses relevant to
implementing subsection (a) from the Office of the Director
of National Intelligence, the Department of Health and Human
Services, the Department of Defense, the Department of
Homeland Security, the Department of Energy, the Department
of Commerce, and other appropriate Federal agencies;
(2) take account of the continual expert assessments of
evolving sensitive or emerging technologies that foreign
adversaries are targeting;
(3) take account of relevant information concerning the
foreign person's employment or collaboration, to the extent
known, with--
(A) foreign military and security related organizations
that are adversarial to the United States;
(B) foreign institutions involved in the theft of United
States research;
(C) entities involved in export control violations or the
theft of intellectual property;
(D) a government that seeks to undermine the integrity and
security of the United States research community; or
(E) other associations or collaborations that pose a
national security threat based on intelligence assessments;
and
(4) weigh the proportionality of risks and the factors
listed in paragraphs (1) through (3).
(c) Reporting Requirement.--Not later than 180 days after
the date of the enactment of this Act, and semi-annually
thereafter until the sunset date set forth in subsection

[[Page S7853]]

(e), the Secretary of State, in coordination with the
Director of National Intelligence, the Director of the Office
of Science and Technology Policy, the Secretary of Homeland
Security, the Secretary of Defense, the Secretary of Energy,
the Secretary of Commerce, and the heads of other appropriate
Federal agencies, shall submit a report to the Committee on
the Judiciary of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on the
Judiciary of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives that identifies--
(1) any criteria, if relevant used to describe the aliens
to which the grounds of inadmissibility described in
subsection (a) may apply;
(2) the number of individuals determined to be inadmissible
under subsection (a), including the nationality of each such
individual and the reasons for each determination of
inadmissibility; and
(3) the number of days from the date of the consular
interview until a final decision is issued for each
application for a visa considered under this section, listed
by applicants' country of citizenship and relevant consulate.
(d) Classification of Report.--Each report required under
subsection (c) shall be submitted, to the extent practicable,
in an unclassified form, but may be accompanied by a
classified annex.
(e) Sunset.--This section shall cease to be effective on
the date that is 2 years after the date of the enactment of
this Act.

SEC. 1076. MACHINE READABLE VISA DOCUMENTS.

(a) Machine-readable Documents.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
State shall--
(1) use a machine-readable visa application form; and
(2) make available documents submitted in support of a visa
application in a machine readable format to assist in--
(A) identifying fraud;
(B) conducting lawful law enforcement activities; and
(C) determining the eligibility of applicants for a visa
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(b) Waiver.--The Secretary of State may waive the
requirement under subsection (a) by providing to Congress,
not later than 30 days before such waiver takes effect--
(1) a detailed explanation for why the waiver is being
issued; and
(2) a timeframe for the implementation of the requirement
under subsection (a).
(c) Report.--Not later than 45 days after date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Commerce, Science,
and Transportation of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign
Relations of the Senate; the Committee on Oversight and
Reform of the House of Representatives, the Committee on
Homeland Security of the House of Representatives, the
Committee on Energy and Commerce of the House of
Representatives, the Permanent Select Committee on
Intelligence of the House of Representatives, and the
Committee on Foreign Affairs of the House of Representatives
that--
(1) describes how supplementary documents provided by a
visa applicant in support of a visa application are stored
and shared by the Department of State with authorized Federal
agencies;
(2) identifies the sections of a visa application that are
machine-readable and the sections that are not machine-
readable;
(3) provides cost estimates, including personnel costs and
a cost-benefit analysis for adopting different technologies,
including optical character recognition, for--
(A) making every element of a visa application, and
documents submitted in support of a visa application,
machine-readable; and
(B) ensuring that such system--
(i) protects personally-identifiable information; and
(ii) permits the sharing of visa information with Federal
agencies in accordance with existing law; and
(4) includes an estimated timeline for completing the
implementation of subsection (a).

SEC. 1077. CERTIFICATIONS REGARDING ACCESS TO EXPORT
CONTROLLED TECHNOLOGY IN EDUCATIONAL AND
CULTURAL EXCHANGE PROGRAMS.

Section 102(b)(5) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2452(b)(5)) is amended to
read as follows:
``(5) promoting and supporting medical, scientific,
cultural, and educational research and development by
developing exchange programs for foreign researchers and
scientists, while protecting technologies regulated by export
control laws important to the national security and economic
interests of the United States, by requiring--
``(A) the sponsor to certify to the Department of State
that the sponsor, after reviewing all regulations related to
the Export Controls Act of 2018 (50 U.S.C. 4811 et seq.) and
the Arms Export Control Act (22 U.S.C. 2751 et seq.), has
determined that--
``(i) a license is not required from the Department of
Commerce or the Department of State to release such
technology or technical data to the exchange visitor; or
``(ii)(I) a license is required from the Department of
Commerce or the Department of State to release such
technology or technical data to the exchange visitor; and
``(II) the sponsor will prevent access to the controlled
technology or technical data by the exchange visitor until
the sponsor--

``(aa) has received the required license or other
authorization to release it to the visitor; and
``(bb) has provided a copy of such license or authorization
to the Department of State; and

``(B) if the sponsor maintains export controlled technology
or technical data, the sponsor to submit to the Department of
State the sponsor's plan to prevent unauthorized export or
transfer of any controlled items, materials, information, or
technology at the sponsor organization or entities associated
with a sponsor's administration of the exchange visitor
program.''.

SEC. 1078. PRIVACY AND CONFIDENTIALITY.

Nothing in this subtitle may be construed as affecting the
rights and requirements provided in section 552a of title 5,
United States Code (commonly known as the ``Privacy Act of
1974'') or subchapter III of chapter 35 of title 44, United
States Code (commonly known as the ``Confidential Information
Protection and Statistical Efficiency Act of 2018'').
______