[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4667 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4667
To amend title 31, United States Code, to establish the Life Sciences
Research Security Board, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2024
Mr. Paul introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 31, United States Code, to establish the Life Sciences
Research Security Board, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Risky Research Review Act''.
SEC. 2. LIFE SCIENCES RESEARCH SECURITY BOARD.
(a) In General.--Subtitle V of title 31, United States Code, is
amended by adding at the end the following:
``CHAPTER 79--LIFE SCIENCES RESEARCH SECURITY BOARD
``Sec. 7901. Definitions
``In this chapter:
``(1) Agency.--The term `agency' has the meaning given the
term in section 552(f) of title 5.
``(2) Appropriate congressional committees.--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.
``(3) Board.--The term `Board' means the Life Sciences
Research Security Board established under section 7902(a).
``(4) Dual use.--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.
``(5) Employee.--
``(A) In general.--The 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 construction.--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.
``(6) Federal funding.--The 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 research.--The 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 research.--The 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 research.--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.
``(10) Potential pandemic pathogen.--The 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 toxin.--The 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.
``Sec. 7902. Establishment and membership
``(a) Establishment.--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.
``(b) Appointment of Members.--
``(1) In general.--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--
``(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 nominations.--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.
``(3) Considerations of recommendations.--The President
shall make nominations to the Board after considering
individuals recommended by the Chair and Ranking Member of the
appropriate congressional committees.
``(4) Qualifications.--Individuals 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) Limitations.--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--
``(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 general.--Nominations for appointment to
the Board shall be referred to the Committee on
Homeland Security and Governmental Affairs of the
Senate for consideration.
``(B) Renomination.--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).
``(7) Vacancy.--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.
``(8) Removal.--
``(A) In general.--No 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 board.--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.
``(C) Notice of removal by president.--
``(i) In general.--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.
``(ii) Publication of report.--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.
``(c) Mandatory Conflicts of Interest Review.--
``(1) In general.--The 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 general.--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.
``(B) Notification by member.--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.
``(d) Security Clearances.--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.
``(e) Participation in High-Risk Life Sciences Research.--
``(1) Disclosure required.--A 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 general.--The 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) Determination.--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--
``(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 general.--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--
``(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