S4667-118

1. Short title This Act may be cited as the Risky Research Review Act.

2. Life Sciences Research Security Board Subtitle V of title 31, United States Code, is amended by adding at the end the following: In this chapter: The term agency has the meaning given the term in section 552(f) of title 5. The term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. The term Board means the Life Sciences Research Security Board established under section 7902(a). The term dual use, with respect to research, means research that, based on current understanding as of the date of research, can be reasonably anticipated to provide knowledge, information, products, or technologies that could directly or with only minor modification be misapplied to pose a significant threat with broad potential consequences to public health and safety, agricultural crops or other plants, animals, materiel, or national security. The term employee— means an employee of an agency; and includes an individual, other than an employee of an agency, working under a contract with an agency. With respect to an individual described in subparagraph (A)(ii), solely for the purposes of this chapter, the agency that has entered into the contract under which the employee is working shall be construed to be the agency employing the employee. The term Federal funding— means amounts awarded by an agency pursuant to a grant, cooperative agreement, interagency agreement, contract, or other instrument; and includes— an in-kind contribution by an agency used for life sciences research purposes; and research conducted by an agency to which funds were appropriated for conducting research. The term gain of function research means research that has the potential to enhance the transmissibility or virulence of a potential pandemic pathogen. The term high-risk life sciences research— means life sciences research that— has a potential dual use nature; or could pose a threat to public health, safety, or national security; and includes— gain of function research; research involving a potential pandemic pathogen, including genetic modification of a potential pandemic pathogen and the synthetic creation of a potential pandemic pathogen; and an activity involving the collection or surveillance of a potential pandemic pathogen. The term life sciences research means research in agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, academic medical centers, biotechnology, chemical synthesis, chemistry technology, medical diagnostics, genomics, medical image analysis, marine biology, medical devices, medical nanotechnology, natural product pharmaceuticals proteomics, regenerative medicine, RNA interference, stem cell research, medical and neurological clinical trials, health robotics, and veterinary science. The term potential pandemic pathogen— means a virus, natural or synthetic, bacteria, fungus, prion, or eukaryotic parasite, or any strain or variant of a virus, bacterium, fungus, prion, or eukaryotic parasite— that— is reasonably anticipated to be moderately or highly transmissible and likely capable of wide and uncontrollable spread in human populations; and is described in clause (ii) or (iii); and reasonably anticipated to be of low, moderate, or high virulence and likely to cause significant morbidity or mortality in humans; or reasonably anticipated to pose a severe threat to public health, the capacity of public health systems to function, or national security if allowed to spread within the general population; and includes— subject to subparagraph (C), influenza viruses; sarbecoviruses; merbecoviruses; henipaviruses, including Nipah virus; filoviruses; arenaviruses; orthopoxviruses; Yersinia pestis; any synthetic construct of such viruses; and a select agent or toxin, work with which poses a significant risk of deliberate misuse; and does not include seasonal influenza viruses, unless such viruses have been manipulated to include genetic sequences from a potential pandemic pathogen. The term select agent or toxin means an agent or toxin identified under— section 73.3(b) of title 42, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act; section 331.3(b) of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act; or section 121.3(b) of title 9, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act. There is established as an independent agency within the Executive Branch a board to be known as the Life Sciences Research Security Board to review proposed Federal funding for life sciences research in accordance with section 7906. The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 individuals who are citizens of the United States to serve as members of the Board for not more than 2 terms of 4 years each, including— the Executive Director appointed under section 7903(a); 5 nongovernmental scientists in a life sciences field; and 2 nongovernmental national security experts. The President shall make nominations to the Board not later than 30 days after the date of enactment of this chapter. If the Senate votes not to confirm a nomination to the Board, the President shall make an additional nomination not later than 10 days after such vote by the Senate. The President shall make nominations to the Board after considering individuals recommended by the Chair and Ranking Member of the appropriate congressional committees. Individuals nominated to the Board— shall— be impartial individuals; and be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to conduct an impartial assessment of the potential risks and benefits associated with Federal funding of life sciences research to public health and national security; and may not be an employee of the Federal Government on the date of the appointment or during the 3-year period preceding the date of the appointment. Not more than 4 concurrent members of the Board may be employed by, a subcontractor of, a previous employee of, or a previous subcontractor of— the Department of Defense; the Department of Homeland Security; the National Institute of Allergy and Infectious Diseases of the Department of Health and Human Services; the Office of the Director of National Intelligence; or the Department of Energy. Nominations for appointment to the Board shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration. A member of the Board who is recommended to serve a second term shall be nominated for appointment to the Board, and such nomination shall be referred pursuant to subparagraph (A). Not later than 30 days after the date on which a vacancy on the Board occurs, the vacancy shall be filled in the same manner as specified for the original appointment. No member of the Board shall be removed from office, other than by— impeachment and conviction; the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties; or the Board in accordance with subparagraph (B). If the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include removal. In the case of the removal of a member of the Board by the President as described in subparagraph (A)(ii), not later than 10 days after the removal, the President shall submit to the Chair and Ranking Members of the appropriate congressional committees a report specifying the facts found and the grounds for removal. The President shall publish in the Federal Register each report submitted under clause (i), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publicly publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law. The Director of the Office of Government Ethics shall— not later than 180 days after the date of the enactment of this chapter, and upon an appointment of a member to the Board under subsection (a)(1) thereafter, conduct a review of each individual nominated and appointed to the Board to ensure such individual does not have any conflict of interest; and periodically thereafter, conduct a review of each individual nominated and appointed to the Board to ensure the individual does not have any conflict of interest during the term of service of the individual. Not later than 3 days after the date on which the Director of the Office of Government Ethics becomes aware that a member of the Board possesses a potential conflict of interest to the mission of the Board, the Director shall notify the Chair and Ranking Members of the appropriate congressional committees of the potential conflict of interest. Not later than 30 days after the date on which a member of the Board becomes aware that another member of the Board possesses a potential conflict of interest to the mission of the Board, the member of the Board or the Executive Director of the Board shall notify the Chair and Ranking Members of the appropriate congressional committees of the potential conflict of interest. All members of the Board shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner subject to the standard procedures for granting such clearances. All nominees for appointment to the Board shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate. A member of the Board shall disclose whether the member has participated in or is currently participating in high-risk life sciences research. The participation in high-risk life sciences research by a member of the Board— shall be considered a potential conflict of interest; and shall be subject to scrutiny by the Director of the Office of Government Ethics. If the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include— the recusal of the affected member from relevant discussions and determinations; and removal of the affected member from the Board. Subject to such rules as may be adopted by the Board, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, a member of the Board, other than the Executive Director, shall be compensated at a rate— proposed by the Executive Director and approved by the Board; not to exceed the rate of basic pay for level II of the Executive Schedule; and that is commensurate with— the time a member of the Board spends engaged in the performance of duties on the Board; and necessary traveling expenses. Subject to terms and approval determined by the Director of the Office of Government Ethics, a member of the Board may maintain outside employment and affiliations while serving on the Board. The Committee on Homeland Security and Governmental Affairs of the Senate shall— have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and have access to any records provided to or created by the Board. The Committee on Oversight and Accountability of the House of Representatives shall— have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and have access to any records provided to or created by the Board. The Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. The Chair and Ranking Members of the appropriate congressional committees, and designated committee staff, shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs. In selecting office space for the Board, the Board shall exhaust options for unused office spaces owned by the Federal Government as of the date of enactment of this chapter. Not later than 45 days after the date of the enactment of this chapter, the President shall appoint 1 individual who is a citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Board for a term of 4 years. The individual appointed as Executive Director under paragraph (1) shall be a private individual of integrity and impartiality who— is a distinguished scientist in a life sciences field; and is not, and has not been for the 3-year period preceding the date of the appointment— an employee of the Federal Government; or a participant in high-risk life sciences research supported by Federal funding. A candidate for Executive Director shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner, subject to the standard procedures for granting such clearances. The President shall ensure that a candidate for Executive Director qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. The Executive Director shall— serve as principal liaison to Congress and agencies; serve as Chair of the Board; be responsible for the administration and coordination of the responsibilities of the Board; and be responsible for the administration of all official activities conducted by the Board. Notwithstanding section 7902(b)(8), the Executive Director shall not be removed for reasons other than for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Board. An Executive Director shall not serve more than 2 terms. The Board, without regard to the civil service laws, may appoint additional personnel as necessary to enable the Board and the Executive Director to perform the duties of the Board. Each individual appointed to the staff of the Board— shall be a citizen of the United States of integrity and impartiality; shall have expertise in the life sciences field or the national security field; and may not be a participant in any federally funded research activity on the date of the appointment or during the course of service of the individual on the Board. A candidate for appointment to the staff of the Board shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner, subject to the standard procedures for granting such clearances. The Board may offer conditional employment to a candidate for a staff position of the Board pending the completion of security clearance background investigations. During the pendency of such investigations, the Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted materials. If an individual hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Board shall immediately terminate the individual’s employment. The head of each agency shall designate not less than 1 full-time employee of the agency as the representative of the agency to— provide technical assistance to the Board; and support the review process of the Board with respect to the agency under section 7906 in a non-voting staff capacity. A representative designated under subparagraph (A) and any employee of an agency may not directly or indirectly influence in any capacity a determination by the Board under section 7906 with respect to life sciences research funded by the agency. Subject to such rules as may be adopted by the Board, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, the Executive Director shall— be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule; serve the entire tenure as Executive Director as one full-time employee; and appoint and fix the compensation of such other personnel as may be necessary to carry out this chapter. The mission of the Board shall be to issue an independent determination as to whether an agency may award Federal funding for proposed life sciences research, which shall be binding upon the agency. The Board shall have the authority to act in a manner to carry out the mission described in subsection (a), including authority to— prescribe regulations to carry out the responsibilities of the Board; establish a process for the review of Federal funding for life sciences research prior to the award of the Federal funding, which shall be binding upon an agency, including information designated as classified or otherwise protected from disclosure; direct an agency to make available to the Board additional information and records, including information designated as classified or otherwise protected from disclosure, that the Board determines are required to fulfill the functions and responsibilities Board under this chapter; review any classified research conducted or funded by any agency to determine whether the research would be considered high-risk life sciences research; through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter; and by majority vote, add an agent or toxin to the definition of agent or toxin under section 7901. The Board shall— not later than 90 days after the date of appointment of the initial members of the Board under section 7902, publish procedures in the Federal Register establishing the process for the review by the Board under section 7906 ; prior to the establishment of the procedures under paragraph (1), consult with the appropriate congressional committees and heads of agencies for purposes of developing such procedures; and not later than 180 days after the date of the enactment of this chapter, begin carrying out the duties described in section 7906. Notwithstanding any other provision of law, not later than 30 days after the date on which the Board receives a request for information from a Member of Congress, the Board shall respond to the request. Not less frequently than quarterly, the Board shall brief the appropriate congressional committees on the work of the Board. Beginning 180 days after the date of enactment of this chapter, the head of an agency— may not award Federal funding for high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); and may not award Federal funding for life sciences research disapproved of by the Board under section 7906(a)(2)(A)(i)(II). An entity seeking Federal funding from an agency for life sciences research shall, under the penalty of perjury— attest whether— the life sciences research will constitute high-risk life sciences research; and the entity is performing active research with a select agent or toxin; and if the entity is makes a positive attestation under subparagraph (A), disclose the source of funding for all active research. The head of an agency that receives a disclosure from an entity under paragraph (1)(B) shall submit to the Board the disclosure. The Board may contact an entity that submits a disclosure under paragraph (1)(B) to request additional information relating to the disclosure. The head of an agency making an award of Federal funding to an entity that makes a positive attestation under paragraph (1)(A)(i) shall— submit to the Board the high-risk life sciences proposal; and using the process established by the head of the agency under paragraph (4), certify the validity of the attestation. The head of an agency making an award of Federal funding to an entity that makes a negative attestation under paragraph (1)(A)(i) shall— review the attestation; and using the process established by the head of the agency under paragraph (4), certify the validity of the attestation. The head of each agency that awards Federal funding for life sciences research, in consultation with the Board, shall establish and implement a process for identifying proposals from entities seeking Federal funding for life sciences research from the agency that will constitute high-risk life sciences research. The head of each agency shall— maintain records of the certification process described in paragraph (3)(B) for each application for Federal funding; and make the records maintained under subparagraph (A) available for audit and review upon request by the Board. Not later than 30 days before the date on which the head of an agency plans to award Federal funding to an entity for life sciences research, the head of the agency shall submit to the Board a notification of the proposed Federal funding for review under section 7906(a). The notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b). Not later than 180 days after the date on which the Board publishes the process of the Board in the Federal Register pursuant to section 7904(c), the head of each agency shall publish on the website of the agency prepayment and preaward procedures of the agency with respect to Federal funding for life sciences research to— guarantee that— all life science research proposals are referred to the Board before the award of Federal funding by the agency; and no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and otherwise ensure compliance with this chapter. Upon request by the Board, the head of an agency shall provide any information relating to Federal funding awards for life sciences research determined necessary by the Board to provide oversight of the agency. If, during the course of life sciences research in progress performed by an entity supported by Federal funding from an agency, circumstances arise such that the life sciences research in progress may constitute high-risk life sciences research in contravention to the attestation of the entity under subsection (b)(1)(A)(i)— the entity shall— pause the life sciences research in progress; and notify the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and the head of the agency shall— using the process of the agency established under subsection (b)(4), determine whether the life sciences research in progress constitutes high-risk life sciences research; if the head of the agency makes a negative determination under subparagraph (A), inform the entity that the entity may resume the life sciences research in progress; and if the head of the agency makes a positive determination under subparagraph (A), immediately submit to the Board a notification of the Federal funding of high-risk life sciences research in progress for review under section 7906(a)(1). If an entity seeking or receiving Federal funding from an agency fails to make a true attestation under subsection (b)(1) or promptly notify the agency of changes described in subsection (f), the inspector general of the agency may permanently disqualify the entity from receiving any Federal funding. The Board shall refer any official of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that fails to comply with subsection (b)(3) to the inspector general of the agency. Notwithstanding any provision of title 5, and subject to subparagraph (B), the head of an agency employing an employee who violates any provision of subsection (b)(3) (or, in the case of the head of an agency who violates any provision of subsection (b)(3), the President) shall impose on that employee— disciplinary action consisting of removal, reduction in grade, suspension, or debarment from employment with the United States; a civil penalty in an amount that is not less than $10,000; ineligibility for any annuity under chapter 83 or 84 of title 5; and permanent revocation of any applicable security clearance held by the employee. In the case of an individual described in section 7901(5) working under a contract with an agency who violates any provision of subsection (b)(2), in addition to any discipline that may be applicable under subparagraph (A) of this paragraph, that individual shall be barred from working under any contract with the Federal Government. Not later than 360 days after the date of enactment of this Act, and not less frequently than once every 90 days thereafter, the head of each agency shall submit to the Board and the appropriate congressional committees a report that discloses, for the period covered by the report, each violation by an employee of the agency of subsection (b)(3). Each report submitted under clause (i) shall include, with respect to a violation described in that clause— the name and professional title of each employee engaged in the violation; a detailed explanation of the nature of the violation; and the date of the violation. Not later than 5 days after the date on which the Board receives a report under clause (i), the Board shall— collect the report and assign the report a unique tracking number; and publish on a publicly accessible and searchable website the contents of the report and the tracking number for the report. During the course of life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall continuously disclose to the head of the agency any subcontracts or subawards made with the Federal funding. Not later than 30 days after the date on which the head of an agency receives a disclosure under paragraph (1), the head of the agency shall submit to the Board the disclosure. The Board may contact an entity that submits a disclosure under paragraph (1) to request additional information relating to the disclosure. During the course of life sciences research in progress performed by an entity supported by Federal funding from an agency, upon request, the Board shall have access to every annual report— of the agency; of the entity performing the life sciences research; and of any subawardee of an entity described in clause (ii). Not later than 120 days after the date on which the Board receives a notification from an agency under section 7905(c) relating to proposed Federal funding for life sciences research that constitutes high-risk life sciences research or a notification from an agency under section 7905(f)(2)(C) relating to Federal funding of research in progress that constitutes high-risk life sciences research, the Board shall— review the proposed Federal funding or research in progress; by a majority vote, determine whether the agency may award the proposed Federal funding or continue to award the Federal funding for the research in progress; and by a majority vote, determine with respect to the life sciences research funded by the proposed Federal funding or Federal funding for research in progress— the minimum required biosafety containment level, engineering controls, and operational controls; the minimum required biosecurity engineering controls and operational controls; and the minimum required personnel assurance controls. With respect to proposed Federal funding by an agency for life sciences research that does not constitute high-risk life sciences research, the Board may— review the proposed Federal funding; and by a majority vote, determine whether the agency may award the proposed Federal funding. If the Board determines not to permit the award of Federal funding proposed by an agency pursuant to clause (i)(II), the Board shall notify the head of the agency and identify the factors that contributed to the determination of the Board. With respect to Federal funding that has already been awarded by an agency for life sciences research that does not constitute high-risk life sciences research, the Board may review and audit the life sciences research. In making a determination under paragraph (1)(B) and (2)(A)(i)(II) of subsection (a), the Board shall consider, with respect to the life sciences research that will be conducted with the proposed Federal funding or research in progress— whether the research poses a threat to public health; whether the research poses a threat to public safety; whether the research has a high probability of producing benefits for public health; whether the research poses a threat to large populations of animals, and plants; whether the research poses a threat to national security; whether the research is proposed to be conducted in a foreign country; the reasonably anticipated material risks; the reasonably anticipated information risks; the reasonably anticipated benefits; whether the reasonably anticipated benefits outweigh the reasonably anticipated risks; and whether the benefits could be obtained through procedures posing lower risks. The presence or absence of any factor under paragraph (1) shall not be decisive with respect to the determination of the Board under paragraph (1)(B) and (2)(A)(i)(II) of subsection (a). Not later than 5 days after the date on which the Board makes a determination under subsection (a)(1)(B), the Executive Director of the Board shall notify the head of the agency of the determination. If the Board determines that the head of an agency may not proceed with an award of proposed Federal funding under this section, the Executive Director of the Board shall notify the appropriate congressional committees when the Board notifies the head of the agency. The Board may vote to delegate to designated personnel of the Board appointed under section 7903(b) the authority to determine whether to review proposed Federal funding for life sciences research under subsection (a)(2)(A)(i)(I). The delegation authorized under paragraph (1) shall be subject to policies and procedures— unanimously approved by the Board; established in consultation with the appropriate congressional committees; and published in the Federal Register. The Board may not delegate the requirement to make a review and determination under subsection (a)(1)(i) with respect to Federal funding for high-risk life sciences research. The Board may establish a scientific panel of experts to advise the Board in the review by the Board of life sciences research pursuant to this chapter. The Board shall establish and publish in the Federal Register procedures and policies relating to conflicts of interest, recusal, expertise, and related matters before the establishment of the panel described in paragraph (1). An individual serving on the panel established under paragraph (1) may not advise the Board on any matter with respect to which the individuals has an identified or perceived conflict of interest. Not later than 30 days after the date on which the Board establishes a panel established under paragraph (1), the Board shall submit to the appropriate congressional committees a report that includes the names of individuals who serve on the panel. Upon a change of personnel on the panel established under paragraph (1), the Board shall immediately submit to the appropriate congressional committees an update to the report required under subparagraph (A). Not later than 360 days after the date on which the Board establishes the panel described in subsection (e)(1), and annually thereafter, the Board shall submit to the appropriate congressional committees and make available on a website a report summarizing, with respect to each determination by the Board under this section relating to life sciences research— the findings of the Board; the determination of the Board; the name and location of the entity proposing the life sciences research; the name and location of any recipient of a subaward or subcontractor of an entity proposing life sciences research and the nature of the participation of such a recipient or subcontractor; and an account of significant challenges or problems, including procedural or substantive challenges or problems, that arise during the course of the work of the Board, including the views of any member of the Board who wishes to have those views included in the report. This section shall take effect on the date that is 180 days after the date of enactment of this chapter. There is authorized to be appropriated to the Board to carry out this chapter $30,000,000 for each of fiscal years 2025 through 2034. Subject to paragraph (2) and notwithstanding any other law, in any fiscal year for which amounts are authorized to be appropriated under subsection (a), of the amounts the Secretary of Homeland Security would otherwise award as grants, the Secretary of Homeland Security shall transfer $30,000,000 to the Board. A transfer under paragraph (1) shall not apply to amounts awarded as grants from the Disaster Relief Fund of the Federal Emergency Management Agency. The table of sections for subtitle V of title 31, United States Code, is amended by adding at the end the following: Section 13103(f) of title 5, United States Code, is amended— in paragraph (11), by striking and at the end; in paragraph (12), by striking the period at the end and inserting ; and; and by adding at the end the following: a member of the Life Sciences Research Security Board established under section 7902 of title 31. 79Life Sciences Research Security Board7901.DefinitionsIn this chapter:(1)AgencyThe term agency has the meaning given the term in section 552(f) of title 5. (2)Appropriate congressional committeesThe term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives.(3)BoardThe term Board means the Life Sciences Research Security Board established under section 7902(a).(4)Dual useThe term dual use, with respect to research, means research that, based on current understanding as of the date of research, can be reasonably anticipated to provide knowledge, information, products, or technologies that could directly or with only minor modification be misapplied to pose a significant threat with broad potential consequences to public health and safety, agricultural crops or other plants, animals, materiel, or national security.(5)Employee(A)In generalThe term employee—(i)means an employee of an agency; and(ii)includes an individual, other than an employee of an agency, working under a contract with an agency.(B)Rule of constructionWith respect to an individual described in subparagraph (A)(ii), solely for the purposes of this chapter, the agency that has entered into the contract under which the employee is working shall be construed to be the agency employing the employee. (6)Federal fundingThe term Federal funding—(A)means amounts awarded by an agency pursuant to a grant, cooperative agreement, interagency agreement, contract, or other instrument; and(B)includes—(i)an in-kind contribution by an agency used for life sciences research purposes; and(ii)research conducted by an agency to which funds were appropriated for conducting research.(7)Gain of function researchThe term gain of function research means research that has the potential to enhance the transmissibility or virulence of a potential pandemic pathogen. (8)High-risk life sciences researchThe term high-risk life sciences research—(A)means life sciences research that—(i)has a potential dual use nature; or(ii)could pose a threat to public health, safety, or national security; and(B)includes—(i)gain of function research;(ii)research involving a potential pandemic pathogen, including genetic modification of a potential pandemic pathogen and the synthetic creation of a potential pandemic pathogen; and(iii)an activity involving the collection or surveillance of a potential pandemic pathogen.(9)Life sciences researchThe term life sciences research means research in agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, academic medical centers, biotechnology, chemical synthesis, chemistry technology, medical diagnostics, genomics, medical image analysis, marine biology, medical devices, medical nanotechnology, natural product pharmaceuticals proteomics, regenerative medicine, RNA interference, stem cell research, medical and neurological clinical trials, health robotics, and veterinary science.(10)Potential pandemic pathogenThe term potential pandemic pathogen—(A)means a virus, natural or synthetic, bacteria, fungus, prion, or eukaryotic parasite, or any strain or variant of a virus, bacterium, fungus, prion, or eukaryotic parasite—(i)that—(I)is reasonably anticipated to be moderately or highly transmissible and likely capable of wide and uncontrollable spread in human populations; and(II)is described in clause (ii) or (iii); and(ii)reasonably anticipated to be of low, moderate, or high virulence and likely to cause significant morbidity or mortality in humans; or (iii)reasonably anticipated to pose a severe threat to public health, the capacity of public health systems to function, or national security if allowed to spread within the general population; and(B)includes—(i)subject to subparagraph (C), influenza viruses;(ii)sarbecoviruses;(iii)merbecoviruses;(iv)henipaviruses, including Nipah virus;(v)filoviruses;(vi)arenaviruses;(vii)orthopoxviruses;(viii)Yersinia pestis;(ix)any synthetic construct of such viruses; and(x)a select agent or toxin, work with which poses a significant risk of deliberate misuse; and(C)does not include seasonal influenza viruses, unless such viruses have been manipulated to include genetic sequences from a potential pandemic pathogen.(11)Select agent or toxinThe term select agent or toxin means an agent or toxin identified under—(A)section 73.3(b) of title 42, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act;(B)section 331.3(b) of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act; or(C)section 121.3(b) of title 9, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act.7902.Establishment and membership(a)EstablishmentThere is established as an independent agency within the Executive Branch a board to be known as the Life Sciences Research Security Board to review proposed Federal funding for life sciences research in accordance with section 7906.(b)Appointment of members(1)In generalThe President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 individuals who are citizens of the United States to serve as members of the Board for not more than 2 terms of 4 years each, including—(A)the Executive Director appointed under section 7903(a);(B)5 nongovernmental scientists in a life sciences field; and(C)2 nongovernmental national security experts.(2)Period for nominationsThe President shall make nominations to the Board not later than 30 days after the date of enactment of this chapter. If the Senate votes not to confirm a nomination to the Board, the President shall make an additional nomination not later than 10 days after such vote by the Senate.(3)Considerations of recommendationsThe President shall make nominations to the Board after considering individuals recommended by the Chair and Ranking Member of the appropriate congressional committees.(4)QualificationsIndividuals nominated to the Board—(A)shall—(i)be impartial individuals; and(ii)be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to conduct an impartial assessment of the potential risks and benefits associated with Federal funding of life sciences research to public health and national security; and(B)may not be an employee of the Federal Government on the date of the appointment or during the 3-year period preceding the date of the appointment.(5)LimitationsNot more than 4 concurrent members of the Board may be employed by, a subcontractor of, a previous employee of, or a previous subcontractor of—(A)the Department of Defense;(B)the Department of Homeland Security;(C)the National Institute of Allergy and Infectious Diseases of the Department of Health and Human Services;(D)the Office of the Director of National Intelligence; or(E)the Department of Energy.(6)Consideration by the Senate(A)In generalNominations for appointment to the Board shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration.(B)RenominationA member of the Board who is recommended to serve a second term shall be nominated for appointment to the Board, and such nomination shall be referred pursuant to subparagraph (A).(7)VacancyNot later than 30 days after the date on which a vacancy on the Board occurs, the vacancy shall be filled in the same manner as specified for the original appointment.(8)Removal(A)In generalNo member of the Board shall be removed from office, other than by—(i)impeachment and conviction;(ii)the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties; or(iii)the Board in accordance with subparagraph (B).(B)Action by BoardIf the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include removal.(C)Notice of removal by President(i)In generalIn the case of the removal of a member of the Board by the President as described in subparagraph (A)(ii), not later than 10 days after the removal, the President shall submit to the Chair and Ranking Members of the appropriate congressional committees a report specifying the facts found and the grounds for removal.(ii)Publication of reportThe President shall publish in the Federal Register each report submitted under clause (i), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publicly publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law.(c)Mandatory conflicts of interest review(1)In generalThe Director of the Office of Government Ethics shall—(A)not later than 180 days after the date of the enactment of this chapter, and upon an appointment of a member to the Board under subsection (a)(1) thereafter, conduct a review of each individual nominated and appointed to the Board to ensure such individual does not have any conflict of interest; and(B)periodically thereafter, conduct a review of each individual nominated and appointed to the Board to ensure the individual does not have any conflict of interest during the term of service of the individual.(2)Notification(A)In generalNot later than 3 days after the date on which the Director of the Office of Government Ethics becomes aware that a member of the Board possesses a potential conflict of interest to the mission of the Board, the Director shall notify the Chair and Ranking Members of the appropriate congressional committees of the potential conflict of interest.(B)Notification by memberNot later than 30 days after the date on which a member of the Board becomes aware that another member of the Board possesses a potential conflict of interest to the mission of the Board, the member of the Board or the Executive Director of the Board shall notify the Chair and Ranking Members of the appropriate congressional committees of the potential conflict of interest.(d)Security clearancesAll members of the Board shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner subject to the standard procedures for granting such clearances. All nominees for appointment to the Board shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate.(e)Participation in high-Risk life sciences research(1)Disclosure requiredA member of the Board shall disclose whether the member has participated in or is currently participating in high-risk life sciences research.(2)Conflicts of interest(A)In generalThe participation in high-risk life sciences research by a member of the Board—(i)shall be considered a potential conflict of interest; and(ii)shall be subject to scrutiny by the Director of the Office of Government Ethics.(B)DeterminationIf the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include—(i)the recusal of the affected member from relevant discussions and determinations; and(ii)removal of the affected member from the Board. (f)Compensation of members(1)In generalSubject to such rules as may be adopted by the Board, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, a member of the Board, other than the Executive Director, shall be compensated at a rate—(A)proposed by the Executive Director and approved by the Board;(B)not to exceed the rate of basic pay for level II of the Executive Schedule; and(C)that is commensurate with—(i)the time a member of the Board spends engaged in the performance of duties on the Board; and(ii)necessary traveling expenses.(2)Outside employmentSubject to terms and approval determined by the Director of the Office of Government Ethics, a member of the Board may maintain outside employment and affiliations while serving on the Board.(g)Oversight(1)SenateThe Committee on Homeland Security and Governmental Affairs of the Senate shall—(A)have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and(B)have access to any records provided to or created by the Board.(2)House of RepresentativesThe Committee on Oversight and Accountability of the House of Representatives shall—(A)have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and(B)have access to any records provided to or created by the Board.(3)Duty to cooperateThe Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection.(4)Security clearancesThe Chair and Ranking Members of the appropriate congressional committees, and designated committee staff, shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs.(h)Office spaceIn selecting office space for the Board, the Board shall exhaust options for unused office spaces owned by the Federal Government as of the date of enactment of this chapter.7903.Board personnel(a)Executive director(1)AppointmentNot later than 45 days after the date of the enactment of this chapter, the President shall appoint 1 individual who is a citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Board for a term of 4 years.(2)QualificationsThe individual appointed as Executive Director under paragraph (1) shall be a private individual of integrity and impartiality who— (A)is a distinguished scientist in a life sciences field; and(B)is not, and has not been for the 3-year period preceding the date of the appointment—(i)an employee of the Federal Government; or(ii)a participant in high-risk life sciences research supported by Federal funding. (3)Security clearances(A)In generalA candidate for Executive Director shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner, subject to the standard procedures for granting such clearances. (B)Qualification prior to appointmentThe President shall ensure that a candidate for Executive Director qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. (4)FunctionsThe Executive Director shall— (A)serve as principal liaison to Congress and agencies; (B)serve as Chair of the Board; (C)be responsible for the administration and coordination of the responsibilities of the Board; and(D)be responsible for the administration of all official activities conducted by the Board.(5)RemovalNotwithstanding section 7902(b)(8), the Executive Director shall not be removed for reasons other than for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Board.(6)TermsAn Executive Director shall not serve more than 2 terms.(b)Staff(1)In generalThe Board, without regard to the civil service laws, may appoint additional personnel as necessary to enable the Board and the Executive Director to perform the duties of the Board. (2)QualificationsEach individual appointed to the staff of the Board—(A)shall be a citizen of the United States of integrity and impartiality;(B)shall have expertise in the life sciences field or the national security field; and(C)may not be a participant in any federally funded research activity on the date of the appointment or during the course of service of the individual on the Board. (3)Security clearances(A)In generalA candidate for appointment to the staff of the Board shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner, subject to the standard procedures for granting such clearances. (B)Conditional employment(i)In generalThe Board may offer conditional employment to a candidate for a staff position of the Board pending the completion of security clearance background investigations. During the pendency of such investigations, the Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted materials. (ii)Unqualified staffIf an individual hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Board shall immediately terminate the individual’s employment.(4)Support from agencies(A)In generalThe head of each agency shall designate not less than 1 full-time employee of the agency as the representative of the agency to—(i)provide technical assistance to the Board; and(ii)support the review process of the Board with respect to the agency under section 7906 in a non-voting staff capacity.(B)ProhibitionA representative designated under subparagraph (A) and any employee of an agency may not directly or indirectly influence in any capacity a determination by the Board under section 7906 with respect to life sciences research funded by the agency. (c)CompensationSubject to such rules as may be adopted by the Board, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, the Executive Director shall—(1)be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule;(2)serve the entire tenure as Executive Director as one full-time employee; and(3)appoint and fix the compensation of such other personnel as may be necessary to carry out this chapter.7904.Board mission and functions(a)MissionThe mission of the Board shall be to issue an independent determination as to whether an agency may award Federal funding for proposed life sciences research, which shall be binding upon the agency. (b)PowersThe Board shall have the authority to act in a manner to carry out the mission described in subsection (a), including authority to—(1)prescribe regulations to carry out the responsibilities of the Board;(2)establish a process for the review of Federal funding for life sciences research prior to the award of the Federal funding, which shall be binding upon an agency, including information designated as classified or otherwise protected from disclosure; (3)direct an agency to make available to the Board additional information and records, including information designated as classified or otherwise protected from disclosure, that the Board determines are required to fulfill the functions and responsibilities Board under this chapter; (4)review any classified research conducted or funded by any agency to determine whether the research would be considered high-risk life sciences research;(5)through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter; and(6)by majority vote, add an agent or toxin to the definition of agent or toxin under section 7901.(c)Initial requirementsThe Board shall—(1)not later than 90 days after the date of appointment of the initial members of the Board under section 7902, publish procedures in the Federal Register establishing the process for the review by the Board under section 7906 ;(2)prior to the establishment of the procedures under paragraph (1), consult with the appropriate congressional committees and heads of agencies for purposes of developing such procedures; and(3)not later than 180 days after the date of the enactment of this chapter, begin carrying out the duties described in section 7906.(d)Responsiveness to CongressNotwithstanding any other provision of law, not later than 30 days after the date on which the Board receives a request for information from a Member of Congress, the Board shall respond to the request.(e)Congressional briefingsNot less frequently than quarterly, the Board shall brief the appropriate congressional committees on the work of the Board.7905.Agency procedures; referral to Board(a)In generalBeginning 180 days after the date of enactment of this chapter, the head of an agency—(1)may not award Federal funding for high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); and(2)may not award Federal funding for life sciences research disapproved of by the Board under section 7906(a)(2)(A)(i)(II).(b)High-Risk attestation; select agent or toxin disclosure; certification(1)In generalAn entity seeking Federal funding from an agency for life sciences research shall, under the penalty of perjury—(A)attest whether—(i)the life sciences research will constitute high-risk life sciences research; and(ii)the entity is performing active research with a select agent or toxin; and(B)if the entity is makes a positive attestation under subparagraph (A), disclose the source of funding for all active research.(2)Active research with select agents or toxins(A)In generalThe head of an agency that receives a disclosure from an entity under paragraph (1)(B) shall submit to the Board the disclosure.(B)Board inquiriesThe Board may contact an entity that submits a disclosure under paragraph (1)(B) to request additional information relating to the disclosure.(3)Agency certification(A)Positive attestationsThe head of an agency making an award of Federal funding to an entity that makes a positive attestation under paragraph (1)(A)(i) shall—(i)submit to the Board the high-risk life sciences proposal; and(ii)using the process established by the head of the agency under paragraph (4), certify the validity of the attestation.(B)Negative attestationsThe head of an agency making an award of Federal funding to an entity that makes a negative attestation under paragraph (1)(A)(i) shall—(i)review the attestation; and(ii)using the process established by the head of the agency under paragraph (4), certify the validity of the attestation.(4)Process for reviewThe head of each agency that awards Federal funding for life sciences research, in consultation with the Board, shall establish and implement a process for identifying proposals from entities seeking Federal funding for life sciences research from the agency that will constitute high-risk life sciences research.(5)Maintenance of recordsThe head of each agency shall—(A)maintain records of the certification process described in paragraph (3)(B) for each application for Federal funding; and(B)make the records maintained under subparagraph (A) available for audit and review upon request by the Board.(c)Notification(1)In generalNot later than 30 days before the date on which the head of an agency plans to award Federal funding to an entity for life sciences research, the head of the agency shall submit to the Board a notification of the proposed Federal funding for review under section 7906(a).(2)ContentsThe notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b).(d)Agency proceduresNot later than 180 days after the date on which the Board publishes the process of the Board in the Federal Register pursuant to section 7904(c), the head of each agency shall publish on the website of the agency prepayment and preaward procedures of the agency with respect to Federal funding for life sciences research to—(1)guarantee that—(A)all life science research proposals are referred to the Board before the award of Federal funding by the agency; and(B)no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and(2)otherwise ensure compliance with this chapter.(e)Provision of additional informationUpon request by the Board, the head of an agency shall provide any information relating to Federal funding awards for life sciences research determined necessary by the Board to provide oversight of the agency.(f)Change in circumstances during researchIf, during the course of life sciences research in progress performed by an entity supported by Federal funding from an agency, circumstances arise such that the life sciences research in progress may constitute high-risk life sciences research in contravention to the attestation of the entity under subsection (b)(1)(A)(i)—(1)the entity shall—(A)pause the life sciences research in progress; and(B)notify the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and(2)the head of the agency shall—(A)using the process of the agency established under subsection (b)(4), determine whether the life sciences research in progress constitutes high-risk life sciences research;(B)if the head of the agency makes a negative determination under subparagraph (A), inform the entity that the entity may resume the life sciences research in progress; and(C)if the head of the agency makes a positive determination under subparagraph (A), immediately submit to the Board a notification of the Federal funding of high-risk life sciences research in progress for review under section 7906(a)(1).(g)Enforcement(1)Applicant requirementsIf an entity seeking or receiving Federal funding from an agency fails to make a true attestation under subsection (b)(1) or promptly notify the agency of changes described in subsection (f), the inspector general of the agency may permanently disqualify the entity from receiving any Federal funding.(2)Referral to attorney generalThe Board shall refer any official of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that fails to comply with subsection (b)(3) to the inspector general of the agency.(3)Employee discipline(A)In generalNotwithstanding any provision of title 5, and subject to subparagraph (B), the head of an agency employing an employee who violates any provision of subsection (b)(3) (or, in the case of the head of an agency who violates any provision of subsection (b)(3), the President) shall impose on that employee—(i)disciplinary action consisting of removal, reduction in grade, suspension, or debarment from employment with the United States;(ii)a civil penalty in an amount that is not less than $10,000;(iii)ineligibility for any annuity under chapter 83 or 84 of title 5; and(iv)permanent revocation of any applicable security clearance held by the employee.(B)Specific contractor disciplineIn the case of an individual described in section 7901(5) working under a contract with an agency who violates any provision of subsection (b)(2), in addition to any discipline that may be applicable under subparagraph (A) of this paragraph, that individual shall be barred from working under any contract with the Federal Government.(C)Employee discipline reports(i)In generalNot later than 360 days after the date of enactment of this Act, and not less frequently than once every 90 days thereafter, the head of each agency shall submit to the Board and the appropriate congressional committees a report that discloses, for the period covered by the report, each violation by an employee of the agency of subsection (b)(3).(ii)ContentsEach report submitted under clause (i) shall include, with respect to a violation described in that clause—(I)the name and professional title of each employee engaged in the violation;(II)a detailed explanation of the nature of the violation; and(III)the date of the violation.(iii)PublicationNot later than 5 days after the date on which the Board receives a report under clause (i), the Board shall—(I)collect the report and assign the report a unique tracking number; and(II)publish on a publicly accessible and searchable website the contents of the report and the tracking number for the report.(h)Subaward and subcontractor disclosure(1)In generalDuring the course of life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall continuously disclose to the head of the agency any subcontracts or subawards made with the Federal funding.(2)Agency submissionNot later than 30 days after the date on which the head of an agency receives a disclosure under paragraph (1), the head of the agency shall submit to the Board the disclosure.(3)Board inquiries(A)In generalThe Board may contact an entity that submits a disclosure under paragraph (1) to request additional information relating to the disclosure.(B)Access to reportsDuring the course of life sciences research in progress performed by an entity supported by Federal funding from an agency, upon request, the Board shall have access to every annual report—(i)of the agency;(ii)of the entity performing the life sciences research; and(iii)of any subawardee of an entity described in clause (ii).7906.Board review(a)In general(1)High-risk life sciences researchNot later than 120 days after the date on which the Board receives a notification from an agency under section 7905(c) relating to proposed Federal funding for life sciences research that constitutes high-risk life sciences research or a notification from an agency under section 7905(f)(2)(C) relating to Federal funding of research in progress that constitutes high-risk life sciences research, the Board shall—(A)review the proposed Federal funding or research in progress;(B)by a majority vote, determine whether the agency may award the proposed Federal funding or continue to award the Federal funding for the research in progress; and(C)by a majority vote, determine with respect to the life sciences research funded by the proposed Federal funding or Federal funding for research in progress—(i)the minimum required biosafety containment level, engineering controls, and operational controls;(ii)the minimum required biosecurity engineering controls and operational controls; and(iii)the minimum required personnel assurance controls.(2)Life sciences research(A)Proposed funding(i)In generalWith respect to proposed Federal funding by an agency for life sciences research that does not constitute high-risk life sciences research, the Board may—(I)review the proposed Federal funding; and(II)by a majority vote, determine whether the agency may award the proposed Federal funding.(ii)NotificationIf the Board determines not to permit the award of Federal funding proposed by an agency pursuant to clause (i)(II), the Board shall notify the head of the agency and identify the factors that contributed to the determination of the Board.(B)Past fundingWith respect to Federal funding that has already been awarded by an agency for life sciences research that does not constitute high-risk life sciences research, the Board may review and audit the life sciences research.(b)Considerations(1)In generalIn making a determination under paragraph (1)(B) and (2)(A)(i)(II) of subsection (a), the Board shall consider, with respect to the life sciences research that will be conducted with the proposed Federal funding or research in progress—(A)whether the research poses a threat to public health;(B)whether the research poses a threat to public safety;(C)whether the research has a high probability of producing benefits for public health;(D)whether the research poses a threat to large populations of animals, and plants;(E)whether the research poses a threat to national security;(F)whether the research is proposed to be conducted in a foreign country; (G)the reasonably anticipated material risks;(H)the reasonably anticipated information risks;(I)the reasonably anticipated benefits;(J)whether the reasonably anticipated benefits outweigh the reasonably anticipated risks; and(K)whether the benefits could be obtained through procedures posing lower risks. (2)Weight of factorsThe presence or absence of any factor under paragraph (1) shall not be decisive with respect to the determination of the Board under paragraph (1)(B) and (2)(A)(i)(II) of subsection (a).(c)Notice following review and determination(1)Agency notificationNot later than 5 days after the date on which the Board makes a determination under subsection (a)(1)(B), the Executive Director of the Board shall notify the head of the agency of the determination.(2)Notification to appropriate congressional committeesIf the Board determines that the head of an agency may not proceed with an award of proposed Federal funding under this section, the Executive Director of the Board shall notify the appropriate congressional committees when the Board notifies the head of the agency. (d)Board delegation of decisionmaking to authorized personnel(1)In generalThe Board may vote to delegate to designated personnel of the Board appointed under section 7903(b) the authority to determine whether to review proposed Federal funding for life sciences research under subsection (a)(2)(A)(i)(I).(2)Policies and proceduresThe delegation authorized under paragraph (1) shall be subject to policies and procedures—(A)unanimously approved by the Board;(B)established in consultation with the appropriate congressional committees; and(C)published in the Federal Register.(3)High-risk life sciences research approvalThe Board may not delegate the requirement to make a review and determination under subsection (a)(1)(i) with respect to Federal funding for high-risk life sciences research. (e)Scientific expert panels(1)In generalThe Board may establish a scientific panel of experts to advise the Board in the review by the Board of life sciences research pursuant to this chapter.(2)Policies and proceduresThe Board shall establish and publish in the Federal Register procedures and policies relating to conflicts of interest, recusal, expertise, and related matters before the establishment of the panel described in paragraph (1).(3)ProhibitionAn individual serving on the panel established under paragraph (1) may not advise the Board on any matter with respect to which the individuals has an identified or perceived conflict of interest.(4)Report(A)In generalNot later than 30 days after the date on which the Board establishes a panel established under paragraph (1), the Board shall submit to the appropriate congressional committees a report that includes the names of individuals who serve on the panel.(B)Panel changesUpon a change of personnel on the panel established under paragraph (1), the Board shall immediately submit to the appropriate congressional committees an update to the report required under subparagraph (A).(f)ReportNot later than 360 days after the date on which the Board establishes the panel described in subsection (e)(1), and annually thereafter, the Board shall submit to the appropriate congressional committees and make available on a website a report summarizing, with respect to each determination by the Board under this section relating to life sciences research—(1)the findings of the Board;(2)the determination of the Board;(3)the name and location of the entity proposing the life sciences research;(4)the name and location of any recipient of a subaward or subcontractor of an entity proposing life sciences research and the nature of the participation of such a recipient or subcontractor; and(5)an account of significant challenges or problems, including procedural or substantive challenges or problems, that arise during the course of the work of the Board, including the views of any member of the Board who wishes to have those views included in the report.(g)Effective dateThis section shall take effect on the date that is 180 days after the date of enactment of this chapter.7907.Funding(a)Authorization of appropriationsThere is authorized to be appropriated to the Board to carry out this chapter $30,000,000 for each of fiscal years 2025 through 2034.(b)DHS Transfer(1)In generalSubject to paragraph (2) and notwithstanding any other law, in any fiscal year for which amounts are authorized to be appropriated under subsection (a), of the amounts the Secretary of Homeland Security would otherwise award as grants, the Secretary of Homeland Security shall transfer $30,000,000 to the Board.(2)ExceptionA transfer under paragraph (1) shall not apply to amounts awarded as grants from the Disaster Relief Fund of the Federal Emergency Management Agency.. 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)a member of the Life Sciences Research Security Board established under section 7902 of title 31..

7901. Definitions In this chapter: The term agency has the meaning given the term in section 552(f) of title 5. The term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. The term Board means the Life Sciences Research Security Board established under section 7902(a). The term dual use, with respect to research, means research that, based on current understanding as of the date of research, can be reasonably anticipated to provide knowledge, information, products, or technologies that could directly or with only minor modification be misapplied to pose a significant threat with broad potential consequences to public health and safety, agricultural crops or other plants, animals, materiel, or national security. The term employee— means an employee of an agency; and includes an individual, other than an employee of an agency, working under a contract with an agency. With respect to an individual described in subparagraph (A)(ii), solely for the purposes of this chapter, the agency that has entered into the contract under which the employee is working shall be construed to be the agency employing the employee. The term Federal funding— means amounts awarded by an agency pursuant to a grant, cooperative agreement, interagency agreement, contract, or other instrument; and includes— an in-kind contribution by an agency used for life sciences research purposes; and research conducted by an agency to which funds were appropriated for conducting research. The term gain of function research means research that has the potential to enhance the transmissibility or virulence of a potential pandemic pathogen. The term high-risk life sciences research— means life sciences research that— has a potential dual use nature; or could pose a threat to public health, safety, or national security; and includes— gain of function research; research involving a potential pandemic pathogen, including genetic modification of a potential pandemic pathogen and the synthetic creation of a potential pandemic pathogen; and an activity involving the collection or surveillance of a potential pandemic pathogen. The term life sciences research means research in agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, academic medical centers, biotechnology, chemical synthesis, chemistry technology, medical diagnostics, genomics, medical image analysis, marine biology, medical devices, medical nanotechnology, natural product pharmaceuticals proteomics, regenerative medicine, RNA interference, stem cell research, medical and neurological clinical trials, health robotics, and veterinary science. The term potential pandemic pathogen— means a virus, natural or synthetic, bacteria, fungus, prion, or eukaryotic parasite, or any strain or variant of a virus, bacterium, fungus, prion, or eukaryotic parasite— that— is reasonably anticipated to be moderately or highly transmissible and likely capable of wide and uncontrollable spread in human populations; and is described in clause (ii) or (iii); and reasonably anticipated to be of low, moderate, or high virulence and likely to cause significant morbidity or mortality in humans; or reasonably anticipated to pose a severe threat to public health, the capacity of public health systems to function, or national security if allowed to spread within the general population; and includes— subject to subparagraph (C), influenza viruses; sarbecoviruses; merbecoviruses; henipaviruses, including Nipah virus; filoviruses; arenaviruses; orthopoxviruses; Yersinia pestis; any synthetic construct of such viruses; and a select agent or toxin, work with which poses a significant risk of deliberate misuse; and does not include seasonal influenza viruses, unless such viruses have been manipulated to include genetic sequences from a potential pandemic pathogen. The term select agent or toxin means an agent or toxin identified under— section 73.3(b) of title 42, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act; section 331.3(b) of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act; or section 121.3(b) of title 9, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act.

7902. Establishment and membership There is established as an independent agency within the Executive Branch a board to be known as the Life Sciences Research Security Board to review proposed Federal funding for life sciences research in accordance with section 7906. The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 individuals who are citizens of the United States to serve as members of the Board for not more than 2 terms of 4 years each, including— the Executive Director appointed under section 7903(a); 5 nongovernmental scientists in a life sciences field; and 2 nongovernmental national security experts. The President shall make nominations to the Board not later than 30 days after the date of enactment of this chapter. If the Senate votes not to confirm a nomination to the Board, the President shall make an additional nomination not later than 10 days after such vote by the Senate. The President shall make nominations to the Board after considering individuals recommended by the Chair and Ranking Member of the appropriate congressional committees. Individuals nominated to the Board— shall— be impartial individuals; and be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to conduct an impartial assessment of the potential risks and benefits associated with Federal funding of life sciences research to public health and national security; and may not be an employee of the Federal Government on the date of the appointment or during the 3-year period preceding the date of the appointment. Not more than 4 concurrent members of the Board may be employed by, a subcontractor of, a previous employee of, or a previous subcontractor of— the Department of Defense; the Department of Homeland Security; the National Institute of Allergy and Infectious Diseases of the Department of Health and Human Services; the Office of the Director of National Intelligence; or the Department of Energy. Nominations for appointment to the Board shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration. A member of the Board who is recommended to serve a second term shall be nominated for appointment to the Board, and such nomination shall be referred pursuant to subparagraph (A). Not later than 30 days after the date on which a vacancy on the Board occurs, the vacancy shall be filled in the same manner as specified for the original appointment. No member of the Board shall be removed from office, other than by— impeachment and conviction; the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties; or the Board in accordance with subparagraph (B). If the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include removal. In the case of the removal of a member of the Board by the President as described in subparagraph (A)(ii), not later than 10 days after the removal, the President shall submit to the Chair and Ranking Members of the appropriate congressional committees a report specifying the facts found and the grounds for removal. The President shall publish in the Federal Register each report submitted under clause (i), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publicly publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law. The Director of the Office of Government Ethics shall— not later than 180 days after the date of the enactment of this chapter, and upon an appointment of a member to the Board under subsection (a)(1) thereafter, conduct a review of each individual nominated and appointed to the Board to ensure such individual does not have any conflict of interest; and periodically thereafter, conduct a review of each individual nominated and appointed to the Board to ensure the individual does not have any conflict of interest during the term of service of the individual. Not later than 3 days after the date on which the Director of the Office of Government Ethics becomes aware that a member of the Board possesses a potential conflict of interest to the mission of the Board, the Director shall notify the Chair and Ranking Members of the appropriate congressional committees of the potential conflict of interest. Not later than 30 days after the date on which a member of the Board becomes aware that another member of the Board possesses a potential conflict of interest to the mission of the Board, the member of the Board or the Executive Director of the Board shall notify the Chair and Ranking Members of the appropriate congressional committees of the potential conflict of interest. All members of the Board shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner subject to the standard procedures for granting such clearances. All nominees for appointment to the Board shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate. A member of the Board shall disclose whether the member has participated in or is currently participating in high-risk life sciences research. The participation in high-risk life sciences research by a member of the Board— shall be considered a potential conflict of interest; and shall be subject to scrutiny by the Director of the Office of Government Ethics. If the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include— the recusal of the affected member from relevant discussions and determinations; and removal of the affected member from the Board. Subject to such rules as may be adopted by the Board, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, a member of the Board, other than the Executive Director, shall be compensated at a rate— proposed by the Executive Director and approved by the Board; not to exceed the rate of basic pay for level II of the Executive Schedule; and that is commensurate with— the time a member of the Board spends engaged in the performance of duties on the Board; and necessary traveling expenses. Subject to terms and approval determined by the Director of the Office of Government Ethics, a member of the Board may maintain outside employment and affiliations while serving on the Board. The Committee on Homeland Security and Governmental Affairs of the Senate shall— have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and have access to any records provided to or created by the Board. The Committee on Oversight and Accountability of the House of Representatives shall— have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and have access to any records provided to or created by the Board. The Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. The Chair and Ranking Members of the appropriate congressional committees, and designated committee staff, shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs. In selecting office space for the Board, the Board shall exhaust options for unused office spaces owned by the Federal Government as of the date of enactment of this chapter.

7903. Board personnel Not later than 45 days after the date of the enactment of this chapter, the President shall appoint 1 individual who is a citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Board for a term of 4 years. The individual appointed as Executive Director under paragraph (1) shall be a private individual of integrity and impartiality who— is a distinguished scientist in a life sciences field; and is not, and has not been for the 3-year period preceding the date of the appointment— an employee of the Federal Government; or a participant in high-risk life sciences research supported by Federal funding. A candidate for Executive Director shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner, subject to the standard procedures for granting such clearances. The President shall ensure that a candidate for Executive Director qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. The Executive Director shall— serve as principal liaison to Congress and agencies; serve as Chair of the Board; be responsible for the administration and coordination of the responsibilities of the Board; and be responsible for the administration of all official activities conducted by the Board. Notwithstanding section 7902(b)(8), the Executive Director shall not be removed for reasons other than for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Board. An Executive Director shall not serve more than 2 terms. The Board, without regard to the civil service laws, may appoint additional personnel as necessary to enable the Board and the Executive Director to perform the duties of the Board. Each individual appointed to the staff of the Board— shall be a citizen of the United States of integrity and impartiality; shall have expertise in the life sciences field or the national security field; and may not be a participant in any federally funded research activity on the date of the appointment or during the course of service of the individual on the Board. A candidate for appointment to the staff of the Board shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner, subject to the standard procedures for granting such clearances. The Board may offer conditional employment to a candidate for a staff position of the Board pending the completion of security clearance background investigations. During the pendency of such investigations, the Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted materials. If an individual hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Board shall immediately terminate the individual’s employment. The head of each agency shall designate not less than 1 full-time employee of the agency as the representative of the agency to— provide technical assistance to the Board; and support the review process of the Board with respect to the agency under section 7906 in a non-voting staff capacity. A representative designated under subparagraph (A) and any employee of an agency may not directly or indirectly influence in any capacity a determination by the Board under section 7906 with respect to life sciences research funded by the agency. Subject to such rules as may be adopted by the Board, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, the Executive Director shall— be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule; serve the entire tenure as Executive Director as one full-time employee; and appoint and fix the compensation of such other personnel as may be necessary to carry out this chapter.

7904. Board mission and functions The mission of the Board shall be to issue an independent determination as to whether an agency may award Federal funding for proposed life sciences research, which shall be binding upon the agency. The Board shall have the authority to act in a manner to carry out the mission described in subsection (a), including authority to— prescribe regulations to carry out the responsibilities of the Board; establish a process for the review of Federal funding for life sciences research prior to the award of the Federal funding, which shall be binding upon an agency, including information designated as classified or otherwise protected from disclosure; direct an agency to make available to the Board additional information and records, including information designated as classified or otherwise protected from disclosure, that the Board determines are required to fulfill the functions and responsibilities Board under this chapter; review any classified research conducted or funded by any agency to determine whether the research would be considered high-risk life sciences research; through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter; and by majority vote, add an agent or toxin to the definition of agent or toxin under section 7901. The Board shall— not later than 90 days after the date of appointment of the initial members of the Board under section 7902, publish procedures in the Federal Register establishing the process for the review by the Board under section 7906 ; prior to the establishment of the procedures under paragraph (1), consult with the appropriate congressional committees and heads of agencies for purposes of developing such procedures; and not later than 180 days after the date of the enactment of this chapter, begin carrying out the duties described in section 7906. Notwithstanding any other provision of law, not later than 30 days after the date on which the Board receives a request for information from a Member of Congress, the Board shall respond to the request. Not less frequently than quarterly, the Board shall brief the appropriate congressional committees on the work of the Board.

7906. Board review Not later than 120 days after the date on which the Board receives a notification from an agency under section 7905(c) relating to proposed Federal funding for life sciences research that constitutes high-risk life sciences research or a notification from an agency under section 7905(f)(2)(C) relating to Federal funding of research in progress that constitutes high-risk life sciences research, the Board shall— review the proposed Federal funding or research in progress; by a majority vote, determine whether the agency may award the proposed Federal funding or continue to award the Federal funding for the research in progress; and by a majority vote, determine with respect to the life sciences research funded by the proposed Federal funding or Federal funding for research in progress— the minimum required biosafety containment level, engineering controls, and operational controls; the minimum required biosecurity engineering controls and operational controls; and the minimum required personnel assurance controls. With respect to proposed Federal funding by an agency for life sciences research that does not constitute high-risk life sciences research, the Board may— review the proposed Federal funding; and by a majority vote, determine whether the agency may award the proposed Federal funding. If the Board determines not to permit the award of Federal funding proposed by an agency pursuant to clause (i)(II), the Board shall notify the head of the agency and identify the factors that contributed to the determination of the Board. With respect to Federal funding that has already been awarded by an agency for life sciences research that does not constitute high-risk life sciences research, the Board may review and audit the life sciences research. In making a determination under paragraph (1)(B) and (2)(A)(i)(II) of subsection (a), the Board shall consider, with respect to the life sciences research that will be conducted with the proposed Federal funding or research in progress— whether the research poses a threat to public health; whether the research poses a threat to public safety; whether the research has a high probability of producing benefits for public health; whether the research poses a threat to large populations of animals, and plants; whether the research poses a threat to national security; whether the research is proposed to be conducted in a foreign country; the reasonably anticipated material risks; the reasonably anticipated information risks; the reasonably anticipated benefits; whether the reasonably anticipated benefits outweigh the reasonably anticipated risks; and whether the benefits could be obtained through procedures posing lower risks. The presence or absence of any factor under paragraph (1) shall not be decisive with respect to the determination of the Board under paragraph (1)(B) and (2)(A)(i)(II) of subsection (a). Not later than 5 days after the date on which the Board makes a determination under subsection (a)(1)(B), the Executive Director of the Board shall notify the head of the agency of the determination. If the Board determines that the head of an agency may not proceed with an award of proposed Federal funding under this section, the Executive Director of the Board shall notify the appropriate congressional committees when the Board notifies the head of the agency. The Board may vote to delegate to designated personnel of the Board appointed under section 7903(b) the authority to determine whether to review proposed Federal funding for life sciences research under subsection (a)(2)(A)(i)(I). The delegation authorized under paragraph (1) shall be subject to policies and procedures— unanimously approved by the Board; established in consultation with the appropriate congressional committees; and published in the Federal Register. The Board may not delegate the requirement to make a review and determination under subsection (a)(1)(i) with respect to Federal funding for high-risk life sciences research. The Board may establish a scientific panel of experts to advise the Board in the review by the Board of life sciences research pursuant to this chapter. The Board shall establish and publish in the Federal Register procedures and policies relating to conflicts of interest, recusal, expertise, and related matters before the establishment of the panel described in paragraph (1). An individual serving on the panel established under paragraph (1) may not advise the Board on any matter with respect to which the individuals has an identified or perceived conflict of interest. Not later than 30 days after the date on which the Board establishes a panel established under paragraph (1), the Board shall submit to the appropriate congressional committees a report that includes the names of individuals who serve on the panel. Upon a change of personnel on the panel established under paragraph (1), the Board shall immediately submit to the appropriate congressional committees an update to the report required under subparagraph (A). Not later than 360 days after the date on which the Board establishes the panel described in subsection (e)(1), and annually thereafter, the Board shall submit to the appropriate congressional committees and make available on a website a report summarizing, with respect to each determination by the Board under this section relating to life sciences research— the findings of the Board; the determination of the Board; the name and location of the entity proposing the life sciences research; the name and location of any recipient of a subaward or subcontractor of an entity proposing life sciences research and the nature of the participation of such a recipient or subcontractor; and an account of significant challenges or problems, including procedural or substantive challenges or problems, that arise during the course of the work of the Board, including the views of any member of the Board who wishes to have those views included in the report. This section shall take effect on the date that is 180 days after the date of enactment of this chapter.