42 U.S.C. § 242v–2 — Protecting America’s biomedical research enterprise

submitted 4 years ago by Pub. L. 117-328 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 397 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary, working with national security and law enforcement agencies plus research institutions, must identify ways to protect intellectual property and sensitive research-participant data from foreign threats, develop strategies against foreign influence in federally funded biomedical research, and build a framework to flag research areas at risk of undue foreign influence. A report to the President and Congress is due within one year, and the Secretary must keep updating these recommendations over time.

This section directs HHS to protect biomedical research from foreign threats. (a) In general. Working with the President's National Security Affairs Assistant, the Director of National Intelligence, the FBI Director, other relevant agencies, and research institutions or experts as appropriate, the Secretary must: (1) find ways to better protect intellectual property, other proprietary information, and sensitive identifiable information of research participants from national security risks and other threats — including finding policy gaps in HHS-supported biomedical research — and recommend protections to universities and other traditional federal research grant recipients; (2) find or build strategies to prevent, reduce, and address national security risks in federally funded biomedical research — including risks from foreign talent programs and countries trying to exploit U.S. technology — and recommend added policies to protect against them; (3) identify national security risks and possible misuse of proprietary and sensitive participant information, including in peer review, and recommend added protections; (4) build a framework to flag areas of federally funded biomedical research that are emerging targets for foreign state actors and would threaten national security if unduly influenced by them; and (5) regularly review the recommendations and policies made under this section and update them as needed. (b) Report to President and to Congress. Within 1 year of December 29, 2022, the Secretary must prepare and submit — without compromising national security — a report on these findings and recommendations to the President and to the Senate health and intelligence committees, the House energy/commerce and intelligence committees, and other relevant congressional committees.

the actual law source: uscode.house.gov ↗public domain

(a) In general

The Secretary, in consultation with the Assistant to the President for National Security Affairs, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the heads of other relevant departments and agencies, and in consultation with research institutions and research advocacy organizations or other relevant experts, as appropriate, shall—

(1)

identify ways to improve the protection of intellectual property and other proprietary information, as well as identifiable, sensitive information of participants in biomedical research and development, from national security risks and other applicable threats, including the identification of gaps in policies and procedures in such areas related to biomedical research and development supported by the Department of Health and Human Services, and make recommendations to institutions of higher education or other entities that have traditionally received Federal funding for biomedical research to protect such information;

(2)

identify or develop strategies to prevent, mitigate, and address national security risks and threats in biomedical research and development supported by the Federal Government, including such threats associated with foreign talent programs, by countries seeking to exploit United States technology and other proprietary information as it relates to such biomedical research and development, and make recommendations for additional policies and procedures to protect such information;

(3)

identify national security risks and potential misuse of proprietary information, and identifiable, sensitive information of biomedical research participants and other applicable risks, including with respect to peer review, and make recommendations for additional policies and procedures to protect such information;

(4)

develop a framework to identify areas of biomedical research and development supported by the Federal Government that are emerging areas of interest for state actors and would compromise national security if they were to be subjected to undue foreign influence; and

(5)

regularly review recommendations or policies developed under this section and make additional recommendations or updates, as appropriate.

(b) Report to President and to Congress

Not later than 1 year after December 29, 2022, the Secretary shall prepare and submit, in a manner that does not compromise national security, to the President and the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intelligence of the Senate, the Committee on Energy and Commerce and the Permanent Select Committee on Intelligence of the House of Representatives, and other congressional committees as appropriate, a report on the findings and recommendations pursuant to subsection (a).

Source credit: (Pub. L. 117–328, div. FF, title II, § 2324, Dec. 29, 2022, 136 Stat. 5767.)

history & why it existsrecord from the source credit

2022Enacted · Pub. L. 117-328 · 136 Stat. 5767

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 2022-12-29.

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