A bill to amend the Foreign Relations Authorization Act, Fiscal Year 1979, relating to the conduct of knowledge diplomacy.

II 116TH CONGRESS 2D SESSION S. 3996 To amend the Foreign Relations Authorization Act, Fiscal Year 1979, relating to the conduct of knowledge diplomacy. IN THE SENATE OF THE UNITED STATES JUNE 18, 2020 Mr. PORTMAN (for himself, Mr. CARPER, Mr. BARRASSO, Mrs. BLACKBURN, Mr. BRAUN, Mr. COONS, Ms. CORTEZ MASTO, Ms. HASSAN, Mr. HAWLEY, Mr. MANCHIN, Mr. RISCH, Mr. RUBIO, Mr. SCOTT of Florida, Mrs. SHAHEEN, and Mr. TILLIS) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Relations Authorization Act, Fiscal Year 1979, relating to the conduct of knowledge diplomacy. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SCIENCE AND TECHNOLOGY AGREEMENTS. 3 The Foreign Relations Authorization Act, Fiscal 4 Year 1979 (Public Law 95–426) is amended— 5 (1) in section 502 (22 U.S.C. 2656b), by 6 amending paragraph (5) to read as follows: 7 VerDate Sep 11 2014 22:07 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3996.IS S3996 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3996 IS ‘‘(5) Federally supported international science 1 and technology agreements should serve United 2 States national security and economic interests by— 3 ‘‘(A) properly protecting intellectual prop- 4 erty rights; 5 ‘‘(B) providing United States researchers 6 with access to research and development oppor- 7 tunities and facilities; 8 ‘‘(C) ensuring that the flow of scientific 9 and technological information between the 10 United States and foreign countries, inter- 11 national organizations, and commissions of 12 which the United States and 1 or more foreign 13 countries are members is equitable and recip- 14 rocal, to the maximum extent practicable; 15 ‘‘(D) requiring foreign countries, inter- 16 national organizations, and commissions of 17 which the United States and 1 or more foreign 18 countries are members to adhere to United 19 States scientific values, including openness, 20 transparency, reciprocity, integrity, and merit- 21 based competition; and 22 ‘‘(E) ensuring that the exchange of sci- 23 entific and technological information between 24 the United States and foreign countries, inter- 25 VerDate Sep 11 2014 22:07 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3996.IS S3996 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3996 IS national organizations, and commissions of 1 which the United States and 1 or more foreign 2 countries are members is not contrary to 3 United States foreign policy interests.’’; and 4 (2) in section 504(a) (22 U.S.C. 2656d(a))— 5 (A) by amending paragraph (2) to read as 6 follows: 7 ‘‘(2) In coordinating and overseeing agreements 8 described in paragraph (1), the Secretary shall con- 9 sider— 10 ‘‘(A) scientific merit; 11 ‘‘(B) equity of access (as described in sec- 12 tion 502(5)); 13 ‘‘(C) possible commercial or trade linkages 14 with the United States that may flow from the 15 agreement or activity; 16 ‘‘(D) national security concerns; and 17 ‘‘(E) any other factors that the Secretary 18 deems appropriate.’’; and 19 (B) by adding at the end the following: 20 ‘‘(4) In furtherance of sections 501(3) and 502, 21 the Secretary shall provide Federal science agencies, 22 Federal law enforcement agencies, the Office of 23 Science and Technology Policy, the Office of Man- 24 agement and Budget, and the Director of National 25 VerDate Sep 11 2014 22:07 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3996.IS S3996 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3996 IS Intelligence with access to a digital repository of 1 United States Government bilateral and multilateral 2 science and technology agreements, subagreements, 3 and other unclassified or sensitive information pro- 4 vided by Federal agencies, in accordance with sec- 5 tion 503(a)(1). 6 ‘‘(5) The Secretary, in coordination with the 7 Office of Science and Technology Policy, the Depart- 8 ment of Defense, the Department of Homeland Se- 9 curity, the Director of National Intelligence, Federal 10 science agencies, Federal law enforcement agencies, 11 and other appropriate Federal agencies, shall— 12 ‘‘(A) identify United States vulnerabilities 13 in international cooperation that may place re- 14 search funded by the United States Government 15 at risk; 16 ‘‘(B) strengthen the security and integrity 17 of United States scientific and research collabo- 18 rations with key foreign partners; and 19 ‘‘(C) encourage the international scientific 20 community to adopt and adhere to United 21 States scientific values, including openness, 22 transparency, reciprocity, integrity, and merit- 23 based competition. 24 VerDate Sep 11 2014 22:07 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3996.IS S3996 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 3996 IS ‘‘(6) As used in this subsection, the term ‘Fed- 1 eral science agency’ means any Federal department 2 or agency to which more than $100,000,000 in re- 3 search and development funds were appropriated for 4 fiscal year 2020.’’. 5 SEC. 2. COORDINATION OF INTERNATIONAL SCIENCE AND 6 TECHNOLOGY PARTNERSHIPS BIENNIAL RE- 7 PORT. 8 Subsection (e) of the International Science and Tech- 9 nology Cooperation Act of 2016 (42 U.S.C. 6625) is 10 amended by striking the period at the end and inserting 11 the following: ‘‘, which shall include— 12 ‘‘(1) an assessment of whether United States 13 science and technology agreements are in compliance 14 with section 502(5) of the Foreign Relations Author- 15 ization Act, Fiscal Year 1979 (22 U.S.C. 2656b(5)); 16 ‘‘(2) a summary of science and technology 17 agreements that are not in compliance with such 18 section 502(5), and actions the United States Gov- 19 ernment has taken to bring such agreements into 20 compliance; and 21 ‘‘(3) a description of the measures that have 22 been taken by the United States Government, in ac- 23 cordance with section 504(a)(5) of the Foreign Rela- 24 VerDate Sep 11 2014 22:07 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3996.IS S3996 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 3996 IS tions Authorization Act, Fiscal Year 1979 (22 1 U.S.C. 2656d(a)(5)).’’. 2 Æ VerDate Sep 11 2014 22:07 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S3996.IS S3996 pbinns on DSKJLVW7X2PROD with BILLS