ALL24555 TH0 S.L.C.

S. ll
118TH CONGRESS
2D SESSION

To amend title 31, United States Code, to establish the Life Sciences
Research Security Board, and for other purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll
Mr. PAUL introduced the following bill; which was read twice and referred to
the Committee on llllllllll

A BILL
To amend title 31, United States Code, to establish the
Life Sciences Research Security Board, and for other
purposes.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Risky Research Review

5 Act’’.
6 SEC. 2. LIFE SCIENCES RESEARCH SECURITY BOARD.

7 (a) IN GENERAL.—Subtitle V of title 31, United

8 States Code, is amended by adding at the end the fol-
9 lowing:
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1 ‘‘CHAPTER 79—LIFE SCIENCES RESEARCH
2 SECURITY BOARD
3 ‘‘§ 7901. Definitions
4 ‘‘In this chapter:
5 ‘‘(1) AGENCY.—The term ‘agency’ has the
6 meaning given the term in section 552(f) of title 5.
7 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT-

8 TEES.—The term ‘appropriate congressional com-

9 mittees’ means the Committee on Homeland Secu-
10 rity and Governmental Affairs of the Senate and the
11 Committee on Oversight and Accountability of the
12 House of Representatives.
13 ‘‘(3) BOARD.—The term ‘Board’ means the
14 Life Sciences Research Security Board established
15 under section 7902(a).
16 ‘‘(4) DUAL USE.—The term ‘dual use’, with re-
17 spect to research, means research that, based on
18 current understanding as of the date of research,
19 can be reasonably anticipated to provide knowledge,
20 information, products, or technologies that could di-
21 rectly or with only minor modification be misapplied
22 to pose a significant threat with broad potential con-
23 sequences to public health and safety, agricultural
24 crops or other plants, animals, materiel, or national
25 security.
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1 ‘‘(5) EMPLOYEE.—
2 ‘‘(A) IN GENERAL.—The term ‘em-
3 ployee’—
4 ‘‘(i) means an employee of an agency;
5 and
6 ‘‘(ii) includes an individual, other than
7 an employee of an agency, working under
8 a contract with an agency.
9 ‘‘(B) RULE OF CONSTRUCTION.—With re-
10 spect to an individual described in subpara-
11 graph (A)(ii), solely for the purposes of this
12 chapter, the agency that has entered into the
13 contract under which the employee is working
14 shall be construed to be the agency employing
15 the employee.
16 ‘‘(6) FEDERAL FUNDING.—The term ‘Federal
17 funding’—
18 ‘‘(A) means amounts awarded by an agen-
19 cy pursuant to a grant, cooperative agreement,
20 interagency agreement, contract, or other in-
21 strument; and
22 ‘‘(B) includes—
23 ‘‘(i) an in-kind contribution by an
24 agency used for life sciences research pur-
25 poses; and
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1 ‘‘(ii) research conducted by an agency
2 to which funds were appropriated for con-
3 ducting research.
4 ‘‘(7) GAIN OF FUNCTION RESEARCH.—The

5 term ‘gain of function research’ means research that

6 has the potential to enhance the transmissibility or
7 virulence of a potential pandemic pathogen.
8 ‘‘(8) HIGH-RISK LIFE SCIENCES RESEARCH.—

9 The term ‘high-risk life sciences research’—

10 ‘‘(A) means life sciences research that—
11 ‘‘(i) has a potential dual use nature;
12 or
13 ‘‘(ii) could pose a threat to public
14 health, safety, or national security; and
15 ‘‘(B) includes—
16 ‘‘(i) gain of function research;
17 ‘‘(ii) research involving a potential
18 pandemic pathogen, including genetic
19 modification of a potential pandemic
20 pathogen and the synthetic creation of a
21 potential pandemic pathogen; and
22 ‘‘(iii) an activity involving the collec-
23 tion or surveillance of a potential pandemic
24 pathogen.
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1 ‘‘(9) LIFE SCIENCES RESEARCH.—The term
2 ‘life sciences research’ means research in agricul-
3 tural biotechnology, biogenerics, bioinformatics, bio-
4 medical engineering, biopharmaceuticals, academic
5 medical centers, biotechnology, chemical synthesis,
6 chemistry technology, medical diagnostics, genomics,
7 medical image analysis, marine biology, medical de-
8 vices, medical nanotechnology, natural product phar-
9 maceuticals proteomics, regenerative medicine, RNA
10 interference, stem cell research, medical and neuro-
11 logical clinical trials, health robotics, and veterinary
12 science.
13 ‘‘(10) POTENTIAL PANDEMIC PATHOGEN.—The

14 term ‘potential pandemic pathogen’—

15 ‘‘(A) means a virus, natural or synthetic,
16 bacteria, fungus, prion, or eukaryotic parasite,
17 or any strain or variant of a virus, bacterium,
18 fungus, prion, or eukaryotic parasite—
19 ‘‘(i) that—
20 ‘‘(I) is reasonably anticipated to
21 be moderately or highly transmissible
22 and likely capable of wide and uncon-
23 trollable spread in human populations;
24 and
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1 ‘‘(II) is described in clause (ii) or
2 (iii); and
3 ‘‘(ii) reasonably anticipated to be of
4 low, moderate, or high virulence and likely
5 to cause significant morbidity or mortality
6 in humans; or
7 ‘‘(iii) reasonably anticipated to pose a
8 severe threat to public health, the capacity
9 of public health systems to function, or na-
10 tional security if allowed to spread within
11 the general population; and
12 ‘‘(B) includes—
13 ‘‘(i) subject to subparagraph (C), in-
14 fluenza viruses;
15 ‘‘(ii) sarbecoviruses;
16 ‘‘(iii) merbecoviruses;
17 ‘‘(iv) henipaviruses, including Nipah
18 virus;
19 ‘‘(v) filoviruses;
20 ‘‘(vi) arenaviruses;
21 ‘‘(vii) orthopoxviruses;
22 ‘‘(viii) Yersinia pestis;
23 ‘‘(ix) any synthetic construct of such
24 viruses; and
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1 ‘‘(x) a select agent or toxin, work with
2 which poses a significant risk of deliberate
3 misuse; and
4 ‘‘(C) does not include seasonal influenza
5 viruses, unless such viruses have been manipu-
6 lated to include genetic sequences from a poten-
7 tial pandemic pathogen.
8 ‘‘(11) SELECT AGENT OR TOXIN.—The term
9 ‘select agent or toxin’ means an agent or toxin iden-
10 tified under—
11 ‘‘(A) section 73.3(b) of title 42, Code of
12 Federal Regulations, as in effect on the date of
13 enactment of the Risky Research Review Act;
14 ‘‘(B) section 331.3(b) of title 7, Code of
15 Federal Regulations, as in effect on the date of
16 enactment of the Risky Research Review Act;
17 or
18 ‘‘(C) section 121.3(b) of title 9, Code of
19 Federal Regulations, as in effect on the date of
20 enactment of the Risky Research Review Act.
21 ‘‘§ 7902. Establishment and membership
22 ‘‘(a) ESTABLISHMENT.—There is established as an
23 independent agency within the Executive Branch a board
24 to be known as the ‘Life Sciences Research Security
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1 Board’ to review proposed Federal funding for life sciences
2 research in accordance with section 7906.
3 ‘‘(b) APPOINTMENT OF MEMBERS.—
4 ‘‘(1) IN GENERAL.—The President, by and with
5 the advice and consent of the Senate, shall appoint,
6 without regard to political affiliation, 9 individuals
7 who are citizens of the United States to serve as
8 members of the Board for not more than 2 terms of
9 4 years each, including—
10 ‘‘(A) the Executive Director appointed
11 under section 7903(a);
12 ‘‘(B) 5 nongovernmental scientists in a life
13 sciences field; and
14 ‘‘(C) 2 nongovernmental national security
15 experts.
16 ‘‘(2) PERIOD FOR NOMINATIONS.—The Presi-
17 dent shall make nominations to the Board not later
18 than 30 days after the date of enactment of this
19 chapter. If the Senate votes not to confirm a nomi-
20 nation to the Board, the President shall make an
21 additional nomination not later than 10 days after
22 such vote by the Senate.
23 ‘‘(3) CONSIDERATIONS OF RECOMMENDA-

24 TIONS.—The President shall make nominations to

25 the Board after considering individuals rec-
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1 ommended by the Chair and Ranking Member of the
2 appropriate congressional committees.
3 ‘‘(4) QUALIFICATIONS.—Individuals nominated
4 to the Board—
5 ‘‘(A) shall—
6 ‘‘(i) be impartial individuals; and
7 ‘‘(ii) be distinguished individuals of
8 high national professional reputation in
9 their respective fields who are capable of
10 exercising the independent and objective
11 judgment necessary to conduct an impar-
12 tial assessment of the potential risks and
13 benefits associated with Federal funding of
14 life sciences research to public health and
15 national security; and
16 ‘‘(B) may not be an employee of the Fed-
17 eral Government on the date of the appoint-
18 ment or during the 3-year period preceding the
19 date of the appointment.
20 ‘‘(5) LIMITATIONS.—Not more than 4 concur-
21 rent members of the Board may be employed by, a
22 subcontractor of, a previous employee of, or a pre-
23 vious subcontractor of—
24 ‘‘(A) the Department of Defense;
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1 ‘‘(B) the Department of Homeland Secu-
2 rity;
3 ‘‘(C) the National Institute of Allergy and
4 Infectious Diseases of the Department of
5 Health and Human Services;
6 ‘‘(D) the Office of the Director of National
7 Intelligence; or
8 ‘‘(E) the Department of Energy.
9 ‘‘(6) CONSIDERATION BY THE SENATE.—

10 ‘‘(A) IN GENERAL.—Nominations for ap-

11 pointment to the Board shall be referred to the
12 Committee on Homeland Security and Govern-
13 mental Affairs of the Senate for consideration.
14 ‘‘(B) RENOMINATION.—A member of the
15 Board who is recommended to serve a second
16 term shall be nominated for appointment to the
17 Board, and such nomination shall be referred
18 pursuant to subparagraph (A).
19 ‘‘(7) VACANCY.—Not later than 30 days after
20 the date on which a vacancy on the Board occurs,
21 the vacancy shall be filled in the same manner as
22 specified for the original appointment.
23 ‘‘(8) REMOVAL.—
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1 ‘‘(A) IN GENERAL.—No member of the
2 Board shall be removed from office, other than
3 by—
4 ‘‘(i) impeachment and conviction;
5 ‘‘(ii) the action of the President for
6 inefficiency, neglect of duty, malfeasance in
7 office, physical disability, mental inca-
8 pacity, or any other condition that sub-
9 stantially impairs the performance of the
10 member’s duties; or
11 ‘‘(iii) the Board in accordance with
12 subparagraph (B).
13 ‘‘(B) ACTION BY BOARD.—If the Director
14 of the Office of Government Ethics determines
15 that participation by a member of the Board in
16 high-risk life sciences research constitutes a
17 conflict of interest, the Board shall take steps
18 to mitigate or manage the conflict, which may
19 include removal.
20 ‘‘(C) NOTICE OF REMOVAL BY PRESI-

21 DENT.—

22 ‘‘(i) IN GENERAL.—In the case of the

23 removal of a member of the Board by the
24 President as described in subparagraph
25 (A)(ii), not later than 10 days after the re-
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1 moval, the President shall submit to the
2 Chair and Ranking Members of the appro-
3 priate congressional committees a report
4 specifying the facts found and the grounds
5 for removal.
6 ‘‘(ii) PUBLICATION OF REPORT.—The

7 President shall publish in the Federal Reg-

8 ister each report submitted under clause
9 (i), except that the President may, if nec-
10 essary to protect the rights of a person
11 named in the report or to prevent undue
12 interference with any pending prosecution,
13 postpone or refrain from publicly pub-
14 lishing any or all of the report until the
15 completion of such pending cases or pursu-
16 ant to privacy protection requirements in
17 law.
18 ‘‘(c) MANDATORY CONFLICTS OF INTEREST RE-
19 VIEW.—

20 ‘‘(1) IN GENERAL.—The Director of the Office

21 of Government Ethics shall—
22 ‘‘(A) not later than 180 days after the date
23 of the enactment of this chapter, and upon an
24 appointment of a member to the Board under
25 subsection (a)(1) thereafter, conduct a review of
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1 each individual nominated and appointed to the
2 Board to ensure such individual does not have
3 any conflict of interest; and
4 ‘‘(B) periodically thereafter, conduct a re-
5 view of each individual nominated and ap-
6 pointed to the Board to ensure the individual
7 does not have any conflict of interest during the
8 term of service of the individual.
9 ‘‘(2) NOTIFICATION.—
10 ‘‘(A) IN GENERAL.—Not later than 3 days
11 after the date on which the Director of the Of-
12 fice of Government Ethics becomes aware that
13 a member of the Board possesses a potential
14 conflict of interest to the mission of the Board,
15 the Director shall notify the Chair and Ranking
16 Members of the appropriate congressional com-
17 mittees of the potential conflict of interest.
18 ‘‘(B) NOTIFICATION BY MEMBER.—Not

19 later than 30 days after the date on which a

20 member of the Board becomes aware that an-
21 other member of the Board possesses a poten-
22 tial conflict of interest to the mission of the
23 Board, the member of the Board or the Execu-
24 tive Director of the Board shall notify the Chair
25 and Ranking Members of the appropriate con-
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1 gressional committees of the potential conflict
2 of interest.
3 ‘‘(d) SECURITY CLEARANCES.—All members of the
4 Board shall be granted all the necessary security clear-
5 ances and accesses, including to relevant Presidential and
6 department or agency special access and compartmented
7 access programs, in an accelerated manner subject to the
8 standard procedures for granting such clearances. All
9 nominees for appointment to the Board shall qualify for
10 the necessary security clearances and accesses prior to
11 being considered for confirmation by the Committee on
12 Homeland Security and Governmental Affairs of the Sen-
13 ate.
14 ‘‘(e) PARTICIPATION IN HIGH-RISK LIFE SCIENCES
15 RESEARCH.—
16 ‘‘(1) DISCLOSURE REQUIRED.—A member of
17 the Board shall disclose whether the member has
18 participated in or is currently participating in high-
19 risk life sciences research.
20 ‘‘(2) CONFLICTS OF INTEREST.—

21 ‘‘(A) IN GENERAL.—The participation in

22 high-risk life sciences research by a member of
23 the Board—
24 ‘‘(i) shall be considered a potential
25 conflict of interest; and
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1 ‘‘(ii) shall be subject to scrutiny by
2 the Director of the Office of Government
3 Ethics.
4 ‘‘(B) DETERMINATION.—If the Director of
5 the Office of Government Ethics determines
6 that participation by a member of the Board in
7 high-risk life sciences research constitutes a
8 conflict of interest, the Board shall take steps
9 to mitigate or manage the conflict, which may
10 include—
11 ‘‘(i) the recusal of the affected mem-
12 ber from relevant discussions and deter-
13 minations; and
14 ‘‘(ii) removal of the affected member
15 from the Board.
16 ‘‘(f) COMPENSATION OF MEMBERS.—
17 ‘‘(1) IN GENERAL.—Subject to such rules as
18 may be adopted by the Board, without regard to the
19 provisions of title 5 governing appointments in the
20 competitive service and without regard to the provi-
21 sions of chapter 51 and subchapter III of chapter 53
22 of that title relating to classification and General
23 Schedule pay rates, a member of the Board, other
24 than the Executive Director, shall be compensated at
25 a rate—
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1 ‘‘(A) proposed by the Executive Director
2 and approved by the Board;
3 ‘‘(B) not to exceed the rate of basic pay
4 for level II of the Executive Schedule; and
5 ‘‘(C) that is commensurate with—
6 ‘‘(i) the time a member of the Board
7 spends engaged in the performance of du-
8 ties on the Board; and
9 ‘‘(ii) necessary traveling expenses.
10 ‘‘(2) OUTSIDE EMPLOYMENT.—Subject to terms
11 and approval determined by the Director of the Of-
12 fice of Government Ethics, a member of the Board
13 may maintain outside employment and affiliations
14 while serving on the Board.
15 ‘‘(g) OVERSIGHT.—
16 ‘‘(1) SENATE.—The Committee on Homeland
17 Security and Governmental Affairs of the Senate
18 shall—
19 ‘‘(A) have continuing legislative oversight
20 jurisdiction in the Senate with respect to the of-
21 ficial conduct of the Board and agency compli-
22 ance with requirements issued by the Board;
23 and
24 ‘‘(B) have access to any records provided
25 to or created by the Board.
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1 ‘‘(2) HOUSE OF REPRESENTATIVES.—The Com-
2 mittee on Oversight and Accountability of the House
3 of Representatives shall—
4 ‘‘(A) have continuing legislative oversight
5 jurisdiction in the House of Representatives
6 with respect to the official conduct of the Board
7 and agency compliance with requirements
8 issued by the Board; and
9 ‘‘(B) have access to any records provided
10 to or created by the Board.
11 ‘‘(3) DUTY TO COOPERATE.—The Board shall
12 have the duty to cooperate with the exercise of over-
13 sight jurisdiction described in this subsection.
14 ‘‘(4) SECURITY CLEARANCES.—The Chair and
15 Ranking Members of the appropriate congressional
16 committees, and designated committee staff, shall be
17 granted all security clearances and accesses held by
18 the Board, including to relevant Presidential and de-
19 partment or agency special access and compart-
20 mented access programs.
21 ‘‘(h) OFFICE SPACE.—In selecting office space for
22 the Board, the Board shall exhaust options for unused of-
23 fice spaces owned by the Federal Government as of the
24 date of enactment of this chapter.
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1 ‘‘§ 7903. Board personnel
2 ‘‘(a) EXECUTIVE DIRECTOR.—
3 ‘‘(1) APPOINTMENT.—Not later than 45 days
4 after the date of the enactment of this chapter, the
5 President shall appoint 1 individual who is a citizen
6 of the United States, without regard to political af-
7 filiation, to the position of Executive Director of the
8 Board for a term of 4 years.
9 ‘‘(2) QUALIFICATIONS.—The individual ap-
10 pointed as Executive Director under paragraph (1)
11 shall be a private individual of integrity and impar-
12 tiality who—
13 ‘‘(A) is a distinguished scientist in a life
14 sciences field; and
15 ‘‘(B) is not, and has not been for the 3-
16 year period preceding the date of the appoint-
17 ment—
18 ‘‘(i) an employee of the Federal Gov-
19 ernment; or
20 ‘‘(ii) a participant in high-risk life
21 sciences research supported by Federal
22 funding.
23 ‘‘(3) SECURITY CLEARANCES.—

24 ‘‘(A) IN GENERAL.—A candidate for Exec-

25 utive Director shall be granted all security
26 clearances and accesses held by the Board, in-
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1 cluding to relevant Presidential and department
2 or agency special access and compartmented ac-
3 cess programs in an accelerated manner, sub-
4 ject to the standard procedures for granting
5 such clearances.
6 ‘‘(B) QUALIFICATION PRIOR TO APPOINT-

7 MENT.—The President shall ensure that a can-

8 didate for Executive Director qualifies for the
9 security clearances and accesses described in
10 subparagraph (A) prior to appointment.
11 ‘‘(4) FUNCTIONS.—The Executive Director
12 shall—
13 ‘‘(A) serve as principal liaison to Congress
14 and agencies;
15 ‘‘(B) serve as Chair of the Board;
16 ‘‘(C) be responsible for the administration
17 and coordination of the responsibilities of the
18 Board; and
19 ‘‘(D) be responsible for the administration
20 of all official activities conducted by the Board.
21 ‘‘(5) REMOVAL.—Notwithstanding section
22 7902(b)(8), the Executive Director shall not be re-
23 moved for reasons other than for cause on the
24 grounds of inefficiency, neglect of duty, malfeasance
25 in office, physical disability, mental incapacity, or
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1 any other condition that substantially impairs the
2 performance of the responsibilities of the Executive
3 Director or the staff of the Board.
4 ‘‘(6) TERMS.—An Executive Director shall not
5 serve more than 2 terms.
6 ‘‘(b) STAFF.—
7 ‘‘(1) IN GENERAL.—The Board, without regard
8 to the civil service laws, may appoint additional per-
9 sonnel as necessary to enable the Board and the Ex-
10 ecutive Director to perform the duties of the Board.
11 ‘‘(2) QUALIFICATIONS.—Each individual ap-
12 pointed to the staff of the Board—
13 ‘‘(A) shall be a citizen of the United States
14 of integrity and impartiality;
15 ‘‘(B) shall have expertise in the life
16 sciences field or the national security field; and
17 ‘‘(C) may not be a participant in any fed-
18 erally funded research activity on the date of
19 the appointment or during the course of service
20 of the individual on the Board.
21 ‘‘(3) SECURITY CLEARANCES.—

22 ‘‘(A) IN GENERAL.—A candidate for ap-

23 pointment to the staff of the Board shall be
24 granted all security clearances and accesses
25 held by the Board, including to relevant Presi-
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21
1 dential and department or agency special access
2 and compartmented access programs, in an ac-
3 celerated manner, subject to the standard pro-
4 cedures for granting such clearances.
5 ‘‘(B) CONDITIONAL EMPLOYMENT.—

6 ‘‘(i) IN GENERAL.—The Board may

7 offer conditional employment to a can-
8 didate for a staff position of the Board
9 pending the completion of security clear-
10 ance background investigations. During
11 the pendency of such investigations, the
12 Board shall ensure that any such employee
13 does not have access to, or responsibility
14 involving, classified or otherwise restricted
15 materials.
16 ‘‘(ii) UNQUALIFIED STAFF.—If an in-
17 dividual hired on a conditional basis under
18 clause (i) is denied or otherwise does not
19 qualify for all security clearances necessary
20 to carry out the responsibilities of the posi-
21 tion for which conditional employment has
22 been offered, the Board shall immediately
23 terminate the individual’s employment.
24 ‘‘(4) SUPPORT FROM AGENCIES.—
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1 ‘‘(A) IN GENERAL.—The head of each
2 agency shall designate not less than 1 full-time
3 employee of the agency as the representative of
4 the agency to—
5 ‘‘(i) provide technical assistance to the
6 Board; and
7 ‘‘(ii) support the review process of the
8 Board with respect to the agency under
9 section 7906 in a non-voting staff capacity.
10 ‘‘(B) PROHIBITION.—A representative des-
11 ignated under subparagraph (A) and any em-
12 ployee of an agency may not directly or indi-
13 rectly influence in any capacity a determination
14 by the Board under section 7906 with respect
15 to life sciences research funded by the agency.
16 ‘‘(c) COMPENSATION.—Subject to such rules as may
17 be adopted by the Board, without regard to the provisions
18 of title 5 governing appointments in the competitive serv-
19 ice and without regard to the provisions of chapter 51 and
20 subchapter III of chapter 53 of that title relating to classi-
21 fication and General Schedule pay rates, the Executive Di-
22 rector shall—
23 ‘‘(1) be compensated at a rate not to exceed the
24 rate of basic pay for level II of the Executive Sched-
25 ule;
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1 ‘‘(2) serve the entire tenure as Executive Direc-
2 tor as one full-time employee; and
3 ‘‘(3) appoint and fix the compensation of such
4 other personnel as may be necessary to carry out
5 this chapter.
6 ‘‘§ 7904. Board mission and functions
7 ‘‘(a) MISSION.—The mission of the Board shall be
8 to issue an independent determination as to whether an
9 agency may award Federal funding for proposed life
10 sciences research, which shall be binding upon the agency.
11 ‘‘(b) POWERS.—The Board shall have the authority
12 to act in a manner to carry out the mission described in
13 subsection (a), including authority to—
14 ‘‘(1) prescribe regulations to carry out the re-
15 sponsibilities of the Board;
16 ‘‘(2) establish a process for the review of Fed-
17 eral funding for life sciences research prior to the
18 award of the Federal funding, which shall be binding
19 upon an agency, including information designated as
20 classified or otherwise protected from disclosure;
21 ‘‘(3) direct an agency to make available to the
22 Board additional information and records, including
23 information designated as classified or otherwise
24 protected from disclosure, that the Board determines
ALL24555 TH0 S.L.C.

24
1 are required to fulfill the functions and responsibil-
2 ities Board under this chapter;
3 ‘‘(4) review any classified research conducted or
4 funded by any agency to determine whether the re-
5 search would be considered high-risk life sciences re-
6 search;
7 ‘‘(5) through the promulgation of regulations,
8 establish processes, policies, and procedures of the
9 Board for rendering decisions under this chapter;
10 and
11 ‘‘(6) by majority vote, add an agent or toxin to
12 the definition of ‘agent or toxin’ under section 7901.
13 ‘‘(c) INITIAL REQUIREMENTS.—The Board shall—
14 ‘‘(1) not later than 90 days after the date of
15 appointment of the initial members of the Board
16 under section 7902, publish procedures in the Fed-
17 eral Register establishing the process for the review
18 by the Board under section 7906 ;
19 ‘‘(2) prior to the establishment of the proce-
20 dures under paragraph (1), consult with the appro-
21 priate congressional committees and heads of agen-
22 cies for purposes of developing such procedures; and
23 ‘‘(3) not later than 180 days after the date of
24 the enactment of this chapter, begin carrying out the
25 duties described in section 7906.
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25
1 ‘‘(d) RESPONSIVENESS TO CONGRESS.—Notwith-
2 standing any other provision of law, not later than 30 days
3 after the date on which the Board receives a request for
4 information from a Member of Congress, the Board shall
5 respond to the request.
6 ‘‘(e) CONGRESSIONAL BRIEFINGS.—Not less fre-
7 quently than quarterly, the Board shall brief the appro-
8 priate congressional committees on the work of the Board.
9 ‘‘§ 7905. Agency procedures; referral to Board
10 ‘‘(a) IN GENERAL.—Beginning 180 days after the
11 date of enactment of this chapter, the head of an agency—
12 ‘‘(1) may not award Federal funding for high-
13 risk life sciences research without approval by the
14 Board under section 7906(a)(1)(B); and
15 ‘‘(2) may not award Federal funding for life
16 sciences research disapproved of by the Board under
17 section 7906(a)(2)(A)(i)(II).
18 ‘‘(b) HIGH-RISK ATTESTATION; SELECT AGENT OR

19 TOXIN DISCLOSURE; CERTIFICATION.—

20 ‘‘(1) IN GENERAL.—An entity seeking Federal
21 funding from an agency for life sciences research
22 shall, under the penalty of perjury—
23 ‘‘(A) attest whether—
24 ‘‘(i) the life sciences research will con-
25 stitute high-risk life sciences research; and
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26
1 ‘‘(ii) the entity is performing active
2 research with a select agent or toxin; and
3 ‘‘(B) if the entity is makes a positive attes-
4 tation under subparagraph (A), disclose the
5 source of funding for all active research.
6 ‘‘(2) ACTIVE RESEARCH WITH SELECT AGENTS

7 OR TOXINS.—

8 ‘‘(A) IN GENERAL.—The head of an agen-

9 cy that receives a disclosure from an entity
10 under paragraph (1)(B) shall submit to the
11 Board the disclosure.
12 ‘‘(B) BOARD INQUIRIES.—The Board may
13 contact an entity that submits a disclosure
14 under paragraph (1)(B) to request additional
15 information relating to the disclosure.
16 ‘‘(3) AGENCY CERTIFICATION.—

17 ‘‘(A) POSITIVE ATTESTATIONS.—The head

18 of an agency making an award of Federal fund-
19 ing to an entity that makes a positive attesta-
20 tion under paragraph (1)(A)(i) shall—
21 ‘‘(i) submit to the Board the high-risk
22 life sciences proposal; and
23 ‘‘(ii) using the process established by
24 the head of the agency under paragraph
25 (4), certify the validity of the attestation.
ALL24555 TH0 S.L.C.

27
1 ‘‘(B) NEGATIVE ATTESTATIONS.—The

2 head of an agency making an award of Federal

3 funding to an entity that makes a negative at-
4 testation under paragraph (1)(A)(i) shall—
5 ‘‘(i) review the attestation; and
6 ‘‘(ii) using the process established by
7 the head of the agency under paragraph
8 (4), certify the validity of the attestation.
9 ‘‘(4) PROCESS FOR REVIEW.—The head of each
10 agency that awards Federal funding for life sciences
11 research, in consultation with the Board, shall estab-
12 lish and implement a process for identifying pro-
13 posals from entities seeking Federal funding for life
14 sciences research from the agency that will con-
15 stitute high-risk life sciences research.
16 ‘‘(5) MAINTENANCE OF RECORDS.—The head of
17 each agency shall—
18 ‘‘(A) maintain records of the certification
19 process described in paragraph (3)(B) for each
20 application for Federal funding; and
21 ‘‘(B) make the records maintained under
22 subparagraph (A) available for audit and review
23 upon request by the Board.
24 ‘‘(c) NOTIFICATION.—
ALL24555 TH0 S.L.C.

28
1 ‘‘(1) IN GENERAL.—Not later than 30 days be-
2 fore the date on which the head of an agency plans
3 to award Federal funding to an entity for life
4 sciences research, the head of the agency shall sub-
5 mit to the Board a notification of the proposed Fed-
6 eral funding for review under section 7906(a).
7 ‘‘(2) CONTENTS.—The notification of Federal
8 funding for life sciences research required under
9 paragraph (1) shall include the attestation and cer-
10 tification required under subsection (b).
11 ‘‘(d) AGENCY PROCEDURES.—Not later than 180
12 days after the date on which the Board publishes the proc-
13 ess of the Board in the Federal Register pursuant to sec-
14 tion 7904(c), the head of each agency shall publish on the
15 website of the agency prepayment and preaward proce-
16 dures of the agency with respect to Federal funding for
17 life sciences research to—
18 ‘‘(1) guarantee that—
19 ‘‘(A) all life science research proposals are
20 referred to the Board before the award of Fed-
21 eral funding by the agency; and
22 ‘‘(B) no Federal funding for high-risk life
23 sciences research is awarded by the agency
24 without approval by the Board; and
ALL24555 TH0 S.L.C.

29
1 ‘‘(2) otherwise ensure compliance with this
2 chapter.
3 ‘‘(e) PROVISION OF ADDITIONAL INFORMATION.—
4 Upon request by the Board, the head of an agency shall
5 provide any information relating to Federal funding
6 awards for life sciences research determined necessary by
7 the Board to provide oversight of the agency.
8 ‘‘(f) CHANGE IN CIRCUMSTANCES DURING RE-
9 SEARCH.—If, during the course of life sciences research
10 in progress performed by an entity supported by Federal
11 funding from an agency, circumstances arise such that the
12 life sciences research in progress may constitute high-risk
13 life sciences research in contravention to the attestation
14 of the entity under subsection (b)(1)(A)(i)—
15 ‘‘(1) the entity shall—
16 ‘‘(A) pause the life sciences research in
17 progress; and
18 ‘‘(B) notify the head of the agency of the
19 possibility that the life sciences research in
20 progress may constitute high-risk life sciences
21 research; and
22 ‘‘(2) the head of the agency shall—
23 ‘‘(A) using the process of the agency estab-
24 lished under subsection (b)(4), determine
ALL24555 TH0 S.L.C.

30
1 whether the life sciences research in progress
2 constitutes high-risk life sciences research;
3 ‘‘(B) if the head of the agency makes a
4 negative determination under subparagraph
5 (A), inform the entity that the entity may re-
6 sume the life sciences research in progress; and
7 ‘‘(C) if the head of the agency makes a
8 positive determination under subparagraph (A),
9 immediately submit to the Board a notification
10 of the Federal funding of high-risk life sciences
11 research in progress for review under section
12 7906(a)(1).
13 ‘‘(g) ENFORCEMENT.—
14 ‘‘(1) APPLICANT REQUIREMENTS.—If an entity
15 seeking or receiving Federal funding from an agency
16 fails to make a true attestation under subsection
17 (b)(1) or promptly notify the agency of changes de-
18 scribed in subsection (f), the inspector general of the
19 agency may permanently disqualify the entity from
20 receiving any Federal funding.
21 ‘‘(2) REFERRAL TO ATTORNEY GENERAL.—The

22 Board shall refer any official of an agency respon-

23 sible for overseeing and reviewing research proposals
24 relating to Federal funding that fails to comply with
ALL24555 TH0 S.L.C.

31
1 subsection (b)(3) to the inspector general of the
2 agency.
3 ‘‘(3) EMPLOYEE DISCIPLINE.—

4 ‘‘(A) IN GENERAL.—Notwithstanding any

5 provision of title 5, and subject to subpara-
6 graph (B), the head of an agency employing an
7 employee who violates any provision of sub-
8 section (b)(3) (or, in the case of the head of an
9 agency who violates any provision of subsection
10 (b)(3), the President) shall impose on that em-
11 ployee—
12 ‘‘(i) disciplinary action consisting of
13 removal, reduction in grade, suspension, or
14 debarment from employment with the
15 United States;
16 ‘‘(ii) a civil penalty in an amount that
17 is not less than $10,000;
18 ‘‘(iii) ineligibility for any annuity
19 under chapter 83 or 84 of title 5; and
20 ‘‘(iv) permanent revocation of any ap-
21 plicable security clearance held by the em-
22 ployee.
23 ‘‘(B) SPECIFIC CONTRACTOR DIS-

24 CIPLINE.—In the case of an individual de-

25 scribed in section 7901(5) working under a con-
ALL24555 TH0 S.L.C.

32
1 tract with an agency who violates any provision
2 of subsection (b)(2), in addition to any dis-
3 cipline that may be applicable under subpara-
4 graph (A) of this paragraph, that individual
5 shall be barred from working under any con-
6 tract with the Federal Government.
7 ‘‘(C) EMPLOYEE DISCIPLINE REPORTS.—

8 ‘‘(i) IN GENERAL.—Not later than

9 360 days after the date of enactment of
10 this Act, and not less frequently than once
11 every 90 days thereafter, the head of each
12 agency shall submit to the Board and the
13 appropriate congressional committees a re-
14 port that discloses, for the period covered
15 by the report, each violation by an em-
16 ployee of the agency of subsection (b)(3).
17 ‘‘(ii) CONTENTS.—Each report sub-
18 mitted under clause (i) shall include, with
19 respect to a violation described in that
20 clause—
21 ‘‘(I) the name and professional
22 title of each employee engaged in the
23 violation;
24 ‘‘(II) a detailed explanation of
25 the nature of the violation; and
ALL24555 TH0 S.L.C.

33
1 ‘‘(III) the date of the violation.
2 ‘‘(iii) PUBLICATION.—Not later than
3 5 days after the date on which the Board
4 receives a report under clause (i), the
5 Board shall—
6 ‘‘(I) collect the report and assign
7 the report a unique tracking number;
8 and
9 ‘‘(II) publish on a publicly acces-
10 sible and searchable website the con-
11 tents of the report and the tracking
12 number for the report.
13 ‘‘(h) SUBAWARD AND SUBCONTRACTOR DISCLO-
14 SURE.—

15 ‘‘(1) IN GENERAL.—During the course of life

16 sciences research in progress performed by an entity
17 supported by Federal funding from an agency, the
18 entity shall continuously disclose to the head of the
19 agency any subcontracts or subawards made with
20 the Federal funding.
21 ‘‘(2) AGENCY SUBMISSION.—Not later than 30
22 days after the date on which the head of an agency
23 receives a disclosure under paragraph (1), the head
24 of the agency shall submit to the Board the disclo-
25 sure.
ALL24555 TH0 S.L.C.

34
1 ‘‘(3) BOARD INQUIRIES.—

2 ‘‘(A) IN GENERAL.—The Board may con-

3 tact an entity that submits a disclosure under
4 paragraph (1) to request additional information
5 relating to the disclosure.
6 ‘‘(B) ACCESS TO REPORTS.—During the
7 course of life sciences research in progress per-
8 formed by an entity supported by Federal fund-
9 ing from an agency, upon request, the Board
10 shall have access to every annual report—
11 ‘‘(i) of the agency;
12 ‘‘(ii) of the entity performing the life
13 sciences research; and
14 ‘‘(iii) of any subawardee of an entity
15 described in clause (ii).
16 ‘‘§ 7906. Board review
17 ‘‘(a) IN GENERAL.—
18 ‘‘(1) HIGH-RISK LIFE SCIENCES RESEARCH.—

19 Not later than 120 days after the date on which the
20 Board receives a notification from an agency under
21 section 7905(c) relating to proposed Federal funding
22 for life sciences research that constitutes high-risk
23 life sciences research or a notification from an agen-
24 cy under section 7905(f)(2)(C) relating to Federal
ALL24555 TH0 S.L.C.

35
1 funding of research in progress that constitutes
2 high-risk life sciences research, the Board shall—
3 ‘‘(A) review the proposed Federal funding
4 or research in progress;
5 ‘‘(B) by a majority vote, determine wheth-
6 er the agency may award the proposed Federal
7 funding or continue to award the Federal fund-
8 ing for the research in progress; and
9 ‘‘(C) by a majority vote, determine with re-
10 spect to the life sciences research funded by the
11 proposed Federal funding or Federal funding
12 for research in progress—
13 ‘‘(i) the minimum required biosafety
14 containment level, engineering controls,
15 and operational controls;
16 ‘‘(ii) the minimum required biosecu-
17 rity engineering controls and operational
18 controls; and
19 ‘‘(iii) the minimum required personnel
20 assurance controls.
21 ‘‘(2) LIFE SCIENCES RESEARCH.—

22 ‘‘(A) PROPOSED FUNDING.—

23 ‘‘(i) IN GENERAL.—With respect to

24 proposed Federal funding by an agency for
25 life sciences research that does not con-
ALL24555 TH0 S.L.C.

36
1 stitute high-risk life sciences research, the
2 Board may—
3 ‘‘(I) review the proposed Federal
4 funding; and
5 ‘‘(II) by a majority vote, deter-
6 mine whether the agency may award
7 the proposed Federal funding.
8 ‘‘(ii) NOTIFICATION.—If the Board
9 determines not to permit the award of
10 Federal funding proposed by an agency
11 pursuant to clause (i)(II), the Board shall
12 notify the head of the agency and identify
13 the factors that contributed to the deter-
14 mination of the Board.
15 ‘‘(B) PAST FUNDING.—With respect to
16 Federal funding that has already been awarded
17 by an agency for life sciences research that does
18 not constitute high-risk life sciences research,
19 the Board may review and audit the life
20 sciences research.
21 ‘‘(b) CONSIDERATIONS.—
22 ‘‘(1) IN GENERAL.—In making a determination
23 under paragraph (1)(B) and (2)(A)(i)(II) of sub-
24 section (a), the Board shall consider, with respect to
25 the life sciences research that will be conducted with
ALL24555 TH0 S.L.C.

37
1 the proposed Federal funding or research in
2 progress—
3 ‘‘(A) whether the research poses a threat
4 to public health;
5 ‘‘(B) whether the research poses a threat
6 to public safety;
7 ‘‘(C) whether the research has a high prob-
8 ability of producing benefits for public health;
9 ‘‘(D) whether the research poses a threat
10 to large populations of animals, and plants;
11 ‘‘(E) whether the research poses a threat
12 to national security;
13 ‘‘(F) whether the research is proposed to
14 be conducted in a foreign country;
15 ‘‘(G) the reasonably anticipated material
16 risks;
17 ‘‘(H) the reasonably anticipated informa-
18 tion risks;
19 ‘‘(I) the reasonably anticipated benefits;
20 ‘‘(J) whether the reasonably anticipated
21 benefits outweigh the reasonably anticipated
22 risks; and
23 ‘‘(K) whether the benefits could be ob-
24 tained through procedures posing lower risks.
ALL24555 TH0 S.L.C.

38
1 ‘‘(2) WEIGHT OF FACTORS.—The presence or
2 absence of any factor under paragraph (1) shall not
3 be decisive with respect to the determination of the
4 Board under paragraph (1)(B) and (2)(A)(i)(II) of
5 subsection (a).
6 ‘‘(c) NOTICE FOLLOWING REVIEW AND DETERMINA-
7 TION.—

8 ‘‘(1) AGENCY NOTIFICATION.—Not later than 5

9 days after the date on which the Board makes a de-
10 termination under subsection (a)(1)(B), the Execu-
11 tive Director of the Board shall notify the head of
12 the agency of the determination.
13 ‘‘(2) NOTIFICATION TO APPROPRIATE CONGRES-

14 SIONAL COMMITTEES.—If the Board determines that

15 the head of an agency may not proceed with an
16 award of proposed Federal funding under this sec-
17 tion, the Executive Director of the Board shall no-
18 tify the appropriate congressional committees when
19 the Board notifies the head of the agency.
20 ‘‘(d) BOARD DELEGATION OF DECISIONMAKING TO

21 AUTHORIZED PERSONNEL.—
22 ‘‘(1) IN GENERAL.—The Board may vote to del-
23 egate to designated personnel of the Board ap-
24 pointed under section 7903(b) the authority to de-
25 termine whether to review proposed Federal funding
ALL24555 TH0 S.L.C.

39
1 for life sciences research under subsection
2 (a)(2)(A)(i)(I).
3 ‘‘(2) POLICIES AND PROCEDURES.—The delega-
4 tion authorized under paragraph (1) shall be subject
5 to policies and procedures—
6 ‘‘(A) unanimously approved by the Board;
7 ‘‘(B) established in consultation with the
8 appropriate congressional committees; and
9 ‘‘(C) published in the Federal Register.
10 ‘‘(3) HIGH-RISK LIFE SCIENCES RESEARCH AP-

11 PROVAL.—The Board may not delegate the require-

12 ment to make a review and determination under
13 subsection (a)(1)(i) with respect to Federal funding
14 for high-risk life sciences research.
15 ‘‘(e) SCIENTIFIC EXPERT PANELS.—
16 ‘‘(1) IN GENERAL.—The Board may establish a
17 scientific panel of experts to advise the Board in the
18 review by the Board of life sciences research pursu-
19 ant to this chapter.
20 ‘‘(2) POLICIES AND PROCEDURES.—The Board
21 shall establish and publish in the Federal Register
22 procedures and policies relating to conflicts of inter-
23 est, recusal, expertise, and related matters before
24 the establishment of the panel described in para-
25 graph (1).
ALL24555 TH0 S.L.C.

40
1 ‘‘(3) PROHIBITION.—An individual serving on
2 the panel established under paragraph (1) may not
3 advise the Board on any matter with respect to
4 which the individuals has an identified or perceived
5 conflict of interest.
6 ‘‘(4) REPORT.—
7 ‘‘(A) IN GENERAL.—Not later than 30
8 days after the date on which the Board estab-
9 lishes a panel established under paragraph (1),
10 the Board shall submit to the appropriate con-
11 gressional committees a report that includes the
12 names of individuals who serve on the panel.
13 ‘‘(B) PANEL CHANGES.—Upon a change of
14 personnel on the panel established under para-
15 graph (1), the Board shall immediately submit
16 to the appropriate congressional committees an
17 update to the report required under subpara-
18 graph (A).
19 ‘‘(f) REPORT.—Not later than 360 days after the
20 date on which the Board establishes the panel described
21 in subsection (e)(1), and annually thereafter, the Board
22 shall submit to the appropriate congressional committees
23 and make available on a website a report summarizing,
24 with respect to each determination by the Board under
25 this section relating to life sciences research—
ALL24555 TH0 S.L.C.

41
1 ‘‘(1) the findings of the Board;
2 ‘‘(2) the determination of the Board;
3 ‘‘(3) the name and location of the entity pro-
4 posing the life sciences research;
5 ‘‘(4) the name and location of any recipient of
6 a subaward or subcontractor of an entity proposing
7 life sciences research and the nature of the partici-
8 pation of such a recipient or subcontractor; and
9 ‘‘(5) an account of significant challenges or
10 problems, including procedural or substantive chal-
11 lenges or problems, that arise during the course of
12 the work of the Board, including the views of any
13 member of the Board who wishes to have those
14 views included in the report.
15 ‘‘(g) EFFECTIVE DATE.—This section shall take ef-
16 fect on the date that is 180 days after the date of enact-
17 ment of this chapter.
18 ‘‘§ 7907. Funding
19 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
20 is authorized to be appropriated to the Board to carry out
21 this chapter $30,000,000 for each of fiscal years 2025
22 through 2034.
23 ‘‘(b) DHS TRANSFER.—
24 ‘‘(1) IN GENERAL.—Subject to paragraph (2)
25 and notwithstanding any other law, in any fiscal
ALL24555 TH0 S.L.C.

42
1 year for which amounts are authorized to be appro-
2 priated under subsection (a), of the amounts the
3 Secretary of Homeland Security would otherwise
4 award as grants, the Secretary of Homeland Secu-
5 rity shall transfer $30,000,000 to the Board.
6 ‘‘(2) EXCEPTION.—A transfer under paragraph
7 (1) shall not apply to amounts awarded as grants
8 from the Disaster Relief Fund of the Federal Emer-
9 gency Management Agency.’’.
10 (b) CLERICAL AMENDMENT.—The table of sections
11 for subtitle V of title 31, United States Code, is amended
12 by adding at the end the following:
‘‘CHAPTER 79—LIFE SCIENCES RESEARCH SECURITY BOARD

‘‘7901. Definitions.
‘‘7902. Establishment and membership.
‘‘7903. Board personnel.
‘‘7904. Board mission and functions.
‘‘7905. Agency procedures; referral to Board.
‘‘7906. Board review.
‘‘7907. Funding.’’.

13 (c) FINANCIAL DISCLOSURE REPORTS OF BOARD

14 MEMBERS.—Section 13103(f) of title 5, United States
15 Code, is amended—
16 (1) in paragraph (11), by striking ‘‘and’’ at the
17 end;
18 (2) in paragraph (12), by striking the period at
19 the end and inserting ‘‘; and’’; and
20 (3) by adding at the end the following:
ALL24555 TH0 S.L.C.

43
1 ‘‘(13) a member of the Life Sciences Research
2 Security Board established under section 7902 of
3 title 31.’’.