{ "legislationId": "118_S_4667", "lastUpdate": "2026-02-10T19:52:51.509Z", "history": [ { "timestamp": "2026-02-10T19:52:51.509Z", "source_url": "https://www.congress.gov/118/bills/s4667/BILLS-118s4667rs.htm", "model": "gemini-3-pro-preview", "prompt_sent": "\nJesteś LEGISLATIVE SURGEON.\nTwoim zadaniem jest audyt i naprawa streszczenia (JSON) pod kątem zgodności z tekstem źródłowym (SOURCE).\nZASADA FUNDAMENTALNA: \"NO NEW INFORMATION\" (żadnych nowych informacji).\nStreszczenie może jedynie transformować informacje zawarte w SOURCE (skracać, tłumaczyć, sumować). Nie może generować nowych informacji, których nie ma w SOURCE.\n\nPROCEDURA WERYFIKACJI (wykonaj dla każdego zdania w JSON):\nZadaj sobie pytanie: \"Czy potrafię wskazać w SOURCE konkretny fragment, który potwierdza to stwierdzenie?\"\nJEŚLI ODPOWIEDŹ BRZMI \"TAK\":\nInformacja jest potwierdzona cytatem, synonimem lub wynikiem matematycznym z danych w tekście.\nDECYZJA: Zostaw bez zmian.\nJEŚLI ODPOWIEDŹ BRZMI \"NIE\":\nInformacji nie ma w tekście (jest to halucynacja, zewnętrzna wiedza modelu, nadinterpretacja lub niepotrzebna ekstrapolacja).\nDECYZJA: Usuń tę informację lub zmień ją tak, aby miała pokrycie w tekście.\nJEŚLI ODPOWIEDŹ BRZMI \"TO ZALEŻY\":\nTekst jest niejasny, a streszczenie \"zgaduje\" (np. podając konkretny przykład dla ogólnego terminu).\nDECYZJA: Bądź bezpieczny. Usuń zgadywanie. Użyj terminologii z tekstu.\n\nKATEGORIE RYZYKA (szczególna uwaga):\nDaty (start obowiązywania vs start finansowania).\nLiczby (konkretne kwoty muszą wynikać z tekstu).\nPodmioty (kto co robi).\nZakres (co ustawa obejmuje, a czego nie).\n\nINPUT:\n--- SOURCE_TEXT START ---\n[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 4667 Reported in Senate (RS)] Calendar No. 667 118th CONGRESS 2d Session S. 4667 [Report No. 118-264] 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 (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 5, 2024 Reported by Mr. Peters, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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 ``(ii) necessary traveling expenses. ``(2) Outside employment.--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. ``(g) Oversight.-- ``(1) Senate.--The 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 representatives.--The 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 cooperate.--The Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. ``(4) Security clearances.--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. ``(h) Office Space.--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. ``Sec. 7903. Board personnel ``(a) Executive Director.-- ``(1) Appointment.--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. ``(2) Qualifications.--The 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 general.--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. ``(B) Qualification prior to appointment.--The President shall ensure that a candidate for Executive Director qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. ``(4) Functions.--The 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) Removal.--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. ``(6) Terms.--An Executive Director shall not serve more than 2 terms. ``(b) Staff.-- ``(1) In general.--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. ``(2) Qualifications.--Each 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 general.--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. ``(B) Conditional employment.-- ``(i) In general.--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. ``(ii) Unqualified staff.--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. ``(4) Support from agencies.-- ``(A) In general.--The 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) Prohibition.--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. ``(c) Compensation.--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-- ``(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. ``Sec. 7904. Board mission and functions ``(a) Mission.--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. ``(b) Powers.--The 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 Requirements.--The 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 Congress.--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. ``(e) Congressional Briefings.--Not less frequently than quarterly, the Board shall brief the appropriate congressional committees on the work of the Board. ``Sec. 7905. Agency procedures; referral to Board ``(a) In General.--Beginning 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 general.--An 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 general.--The head of an agency that receives a disclosure from an entity under paragraph (1)(B) shall submit to the Board the disclosure. ``(B) Board inquiries.--The 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 attestations.--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-- ``(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 attestations.--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-- ``(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 review.--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. ``(5) Maintenance of records.--The 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 general.--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). ``(2) Contents.--The notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b). ``(d) Agency Procedures.--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-- ``(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 Information.--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. ``(f) Change in Circumstances During Research.--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)-- ``(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 requirements.--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. ``(2) Referral to attorney general.--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. ``(3) Employee discipline.-- ``(A) In general.--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-- ``(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 discipline.--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. ``(C) Employee discipline reports.-- ``(i) In general.--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). ``(ii) Contents.--Each 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) Publication.--Not 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 general.--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. ``(2) Agency submission.--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. ``(3) Board inquiries.-- ``(A) In general.--The Board may contact an entity that submits a disclosure under paragraph (1) to request additional information relating to the disclosure. ``(B) Access to reports.--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-- ``(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). ``Sec. 7906. Board review ``(a) In General.-- ``(1) High-risk life sciences research.--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-- ``(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 general.--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-- ``(I) review the proposed Federal funding; and ``(II) by a majority vote, determine whether the agency may award the proposed Federal funding. ``(ii) Notification.--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. ``(B) Past funding.--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. ``(b) Considerations.-- ``(1) In general.--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-- ``(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 factors.--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). ``(c) Notice Following Review and Determination.-- ``(1) Agency notification.--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. ``(2) Notification to appropriate congressional committees.--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. ``(d) Board Delegation of Decisionmaking to Authorized Personnel.-- ``(1) In general.--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). ``(2) Policies and procedures.--The 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 approval.-- 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. ``(e) Scientific Expert Panels.-- ``(1) In general.--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. ``(2) Policies and procedures.--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). ``(3) Prohibition.--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. ``(4) Report.-- ``(A) In general.--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. ``(B) Panel changes.--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). ``(f) Report.--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-- ``(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 Date.--This section shall take effect on the date that is 180 days after the date of enactment of this chapter. ``Sec. 7907. Funding ``(a) Authorization of Appropriations.--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. ``(b) DHS Transfer.-- ``(1) In general.--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. ``(2) Exception.--A transfer under paragraph (1) shall not apply to amounts awarded as grants from the Disaster Relief Fund of the Federal Emergency Management Agency.''. (b) Clerical Amendment.--The table of sections for subtitle V of title 31, United States Code, is amended by adding at the end the following: ``Chapter 79--Life Sciences Research Security Board ``7901. Definitions. ``7902. Establishment and membership. ``7903. Board personnel. ``7904. Board mission and functions. ``7905. Agency procedures; referral to Board. ``7906. Board review. ``7907. Funding.''. (c) Financial Disclosure Reports of Board Members.-- Section 13103(f) of title 5, United States Code, is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(13) a member of the Life Sciences Research Security Board established under section 7902 of title 31.''. 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 ``7901. Definitions. ``7902. Establishment and membership. ``7903. Board personnel. ``7904. Board mission and functions. ``7905. Agency procedures; referral to Board. ``7906. Board review. ``7907. GAO Audits. ``7908. Funding. ``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 research of concern.--The term `dual use research of concern'-- ``(A) means life sciences research that, based on current understanding, can be reasonably anticipated to provide knowledge, information, products, or technologies that could-- ``(i) be misapplied to do harm with no modification or only a minor modification; and ``(ii) pose a significant threat with potential consequences to public health and safety, agricultural crops and other plants, animals, materiel, or national security; and ``(B) includes-- ``(i) life sciences research that could-- ``(I) increase transmissibility of a pathogen within or between host species; ``(II) increase the virulence of a pathogen or convey virulence to a non- pathogen; ``(III) increase the toxicity of a known toxin or produce a novel toxin; ``(IV) increase-- ``(aa) the stability of a pathogen or toxin in the environment; or ``(bb) the ability to disseminate a pathogen or toxin; ``(V) alter the host range or tropism of a pathogen or toxin; ``(VI) decrease the ability for a human or veterinary pathogen or toxin to be detected using standard diagnostic or analytical methods; ``(VII) increase resistance of a pathogen or toxin to clinical or veterinary prophylactic or therapeutic interventions; ``(VIII) alter a human or veterinary pathogen or toxin to disrupt the effectiveness of pre-existing immunity, via immunization or natural infection, against the pathogen or toxin; ``(IX) enhance the susceptibility of a host population to a pathogen or toxin; ``(X) enhance transmissibility of a pathogen in humans; ``(XI) enhance the virulence of a pathogen in humans; ``(XII) enhance the immune evasion of a pathogen in humans, such as by modifying the pathogen to disrupt the effectiveness of pre-existing immunity via immunization or natural infection; or ``(XIII) generate, use, reconstitute, or transfer an eradicated or extinct high-consequence pathogen; and ``(ii) any other category of life sciences research that the Board, by majority vote of the members of the Board, identifies and publishes in the Federal Register. ``(5) Employee.--The term `employee' means an individual described in section 2105(a) of title 5. ``(6) Federal funding.--The term `Federal funding' means amounts awarded by an agency pursuant to an intramural or extramural grant, cooperative agreement, interagency agreement, contract, or other instrument. ``(7) Gain of function research.--The term `gain of function research' means a research experiment that may enhance the transmissibility or virulence of a high-consequence pathogen. ``(8) High-consequence pathogen.--The term `high- consequence pathogen'-- ``(A) means a wild-type or synthetic pathogen that-- ``(i)(I) is likely capable of wide and uncontrollable spread in human populations; and ``(II) would likely cause moderate to severe disease or mortality in humans; or ``(ii) is-- ``(I) subject to subparagraph (B), influenza A virus; ``(II) classified under subgenus Sarbecovirus; ``(III) classified under subgenus Merbecovirus; ``(IV) Variola orthopoxvirus; ``(V) Mpox orthopoxvirus; ``(VI) Nipah henipavirus; ``(VII) Hendra henipavirus; ``(VIII) Ebola orthoebolavirus; ``(IX) Marburg marburgvirus ``(X) Lassa mammarenavirus; ``(XI) Junin arenavirus; ``(XII) Crimean-Congo hemorrhagic fever orthonairovirus; ``(XIII) Hantaan orthohantavirus; ``(XIV) Sin Nombre orthohantavirus; ``(XV) Yersinia pestis; ``(XVI) a select agent or toxin, work with which poses a significant risk of deliberate misuse; ``(XVII) any other pathogen or category of pathogen that a majority of members of the Board-- ``(aa) identifies as a high-consequence pathogen; and ``(bb) publishes in the Federal Register; or ``(XVIII) any synthetic construct of a pathogen or category of pathogen described in this clause; and ``(B) does not include a seasonal influenza virus, unless a seasonal influenza virus has been manipulated to include genetic sequences from a pathogen described in subparagraph (A). ``(9) High-risk life sciences research.--The term `high- risk life sciences research' means life sciences research that is-- ``(A) dual use research of concern involving a high-consequence pathogen; or ``(B) gain of function research. ``(10) Life sciences research.--The term `life sciences research'-- ``(A) means the study or use of a living organism, a virus, or a product of a living organism or virus; and ``(B) includes each discipline, methodology, and application of biology, including biotechnology, genomics, proteomics, bioinformatics, and pharmaceutical and biomedical research and techniques. ``(11) Select agent or toxin.--The term `select agent or toxin' means a select 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 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; ``(C) 2 nongovernmental national security experts; and ``(D) 1 nongovernmental biosafety expert. ``(2) Period for nominations.--The President shall make appointments, other than the Executive Director, to the Board not later than 30 days after the date of enactment of this chapter. ``(3) Considerations of recommendations.--The President shall make appointments to the Board after considering individuals recommended by the chair and ranking member of the appropriate congressional committees. ``(4) Qualifications.--Individuals appointed 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 high-risk life sciences research to public health and national security; and ``(B) may not be an employee 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 an employee, a subcontractor, a previous employee, 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 Executive Director of 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 member 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 Board, in consultation with the Director of the Office of Government Ethics, shall-- ``(A) not later than 180 days after the date of the enactment of this chapter-- ``(i) establish criteria to determine whether there is a conflict of interest with respect to any individual appointed to the Board, taking into consideration requirements under Federal law relating to ethics requirements for employees; and ``(ii) 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 the individual does not have any conflict of interest under the criteria established pursuant to clause (i); 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 under the criteria established pursuant to subparagraph (A)(i) 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 under the criteria established pursuant to paragraph (1)(A)(i), the Director of the Office of Government Ethics shall notify the chair and ranking member 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 under the criteria established pursuant to paragraph (1)(A)(i), the member of the Board or the Executive Director of the Board shall notify the chair and ranking member 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 chapter 51 and subchapter III of chapter 53 of title 5 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 employment.--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. ``(g) Oversight.-- ``(1) Senate.--The 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 representatives.--The 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 cooperate.--The Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. ``(4) Security clearances.--The chair and ranking member 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 Space.-- ``(1) In general.--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. ``(2) Secure office space.-- ``(A) Requests.--In order to review or discuss classified information, the Board shall request an accommodation from relevant agencies to access sensitive compartmented information facilities on an as-needed basis. ``(B) Fulfilment.--The head of an agency from which the Board requests an accommodation under subparagraph (A) shall accommodate the request in a timely manner. ``Sec. 7903. Board personnel ``(a) Executive Director.-- ``(1) Appointment.--Not later than 45 days after the date of enactment of this chapter, the President shall appoint, by and with the advice and consent of the Senate, 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) Qualifications.--The 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; or ``(ii) a participant in high-risk life sciences research supported by Federal funding. ``(3) Security clearances.-- ``(A) In general.--A candidate for Executive Director 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) Qualification prior to appointment.--The President shall ensure that a candidate for Executive Director of the Board qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. ``(4) Functions.--The Executive Director of the Board 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) Removal.--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. ``(6) Terms.--An Executive Director of the Board shall not serve more than 2 terms. ``(b) Staff.-- ``(1) In general.--Without regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service, the Board may appoint not more than 25 additional personnel to enable the Board and the Executive Director to perform the duties of the Board. ``(2) Qualifications.--Each 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 general.--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. ``(B) Conditional employment.-- ``(i) In general.--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. ``(ii) Unqualified staff.--If the Board determines that an individual hired on a conditional basis under clause (i) is not eligible 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 general.--The 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) Prohibition.--A representative of an agency 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) Compensation.--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 of the Board 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 1 full-time employee; and ``(3) appoint and fix the compensation of such other personnel as may be necessary to carry out this chapter. ``Sec. 7904. Board mission and functions ``(a) Mission.--The mission of the Board shall be to issue an independent determination as to whether an agency may award Federal funding for proposed high-risk life sciences research, which shall be binding upon the agency. ``(b) Powers.--The 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 high-risk 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; and ``(5) through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter. ``(c) Initial Requirements.--The Board shall-- ``(1) not later than 180 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 270 days after the date of the enactment of this chapter, begin carrying out the duties described in section 7906. ``(d) Responsiveness to Congress.--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. ``(e) Congressional Briefings.--Not less frequently than quarterly, the Board shall brief the appropriate congressional committees on the work of the Board. ``(f) Select Agent or Toxin Updates.-- ``(1) In general.--Not later than 15 days after the date on which the Board receives a notification that a select agent or toxin has been added to a list of agent or toxins under a regulation described in paragraph (2), the Board shall-- ``(A) review the select agent or toxin; ``(B) by majority vote of members of the Board, determine whether the select agent or toxin should be added into the definition of `select agent or toxin' under section 7901; and ``(C) publish any addition determined under subparagraph (B) in the Federal Register. ``(2) Regulations described.--A regulation described in this paragraph is-- ``(A) section 73.3(b) of title 42, Code of Federal Regulations, or any successor regulation; ``(B) section 331.3(b) of title 7, Code of Federal Regulations, or any successor regulation; and ``(C) section 121.3(b) of title 9, Code of Federal Regulations, or any successor regulation. ``(g) Final Determination Authority.--In any dispute with an agency or entity relating to the classification of life sciences research under this chapter, the Board shall retain final and ultimate authority in-- ``(1) determining whether the life sciences research is high-risk life sciences research, dual use research of concern involving a high-consequence pathogen or gain of function research; ``(2) interpreting definitions in section 7901; and ``(3) determining whether a proposed Federal award for life sciences research is subject to the review process of the Board under section 7906(a)(1). ``Sec. 7905. Agency procedures; referral to Board ``(a) In General.-- ``(1) Prohibition.--The head of an agency may not award Federal funding for-- ``(A) high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); or ``(B) life sciences research if the Board, in accordance with section 7906(a)(2)(A)(ii), submits notification to the agency under section 7906(a)(2)(B)(i) that Board is reviewing the Federal funding for life sciences research under section 7906(a) until the date on which the Board makes a final determination with respect to the proposed Federal funding. ``(2) Effective date.--Paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this chapter. ``(b) High-risk Attestation; Select Agent or Toxin Disclosure; Certification.-- ``(1) In general.--An 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 general.--The head of an agency that receives a disclosure from an entity under paragraph (1)(B) shall submit to the Board the disclosure. ``(B) Board inquiries.--The 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 attestations.--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-- ``(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 attestations.--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-- ``(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 review.--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. ``(5) Maintenance of records.--The head of each agency shall-- ``(A) maintain records of the certification process described in paragraph (3) for each application for Federal funding in accordance with chapter 31 of title 44; and ``(B) make the records maintained under subparagraph (A) available for audit and review upon request by the Board. ``(c) Notification.-- ``(1) In general.--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. ``(2) Contents.--The notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b). ``(3) Board requests.-- ``(A) In general.--The Board may request additional information from the head of an agency relating to a notification submitted under paragraph (1). ``(B) Provision of information.--The head of an agency from which the Board request additional information under subparagraph (A) shall provide the information in a timely manner. ``(d) Agency Procedures.--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-- ``(1) guarantee that-- ``(A) all high-risk life science research proposals are referred to the Board before the award of Federal funding by the agency; ``(B) no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and ``(C) not later than 30 days before the date on which the head of the agency plans to award the Federal funding, the agency notifies the Board of the proposal for Federal funding; and ``(2) otherwise ensure compliance with this chapter. ``(e) Provision of Additional Information.--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. ``(f) Change in Circumstances During Research.--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)-- ``(1) the entity shall-- ``(A) not later than 24 hours after the identification of the change in circumstance, pause the life sciences research in progress; and ``(B) not later than 5 days after the date of the identification of the change in circumstance, submit to the head of the agency a written notification through an electronic or nonelectronic communication method that-- ``(i) notifies the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and ``(ii) includes a detailed description of each change in circumstance that may transform the life sciences research in progress into 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 requirements.--If an entity seeking or receiving Federal funding from an agency knowingly fails to make a true attestation under subsection (b)(1) or promptly notify the agency of a change in circumstance in accordance with subsection (f)(1), the head of the agency shall refer the entity to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding. ``(2) Referral to inspector general.--The Board shall refer any employee of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that knowingly fails to comply with subsection (b)(3) to the inspector general of the agency. ``(3) Employee discipline.-- ``(A) In general.--The head of an agency employing an employee who knowingly 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 in accordance with chapter 75 of title 5 or an equivalent procedure of the agency; and ``(ii) permanent revocation of any applicable security clearance held by the employee. ``(B) Contractor penalty.--In the case of contractor working under a contract with an agency who knowingly violates subsection (b)(1), the head of the agency shall refer the contractor to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding. ``(C) Employee discipline reports.-- ``(i) In general.--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). ``(ii) Contents.--Each 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) Publication.--Not later than 5 days after the date on which the Board receives a report under clause (i), the Board shall publish on a publicly accessible and searchable website the amount of violations that have been committed under clause (i). ``(h) Subaward and Subcontractor Disclosure.-- ``(1) In general.--During the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall-- ``(A) continuously disclose to the head of the agency any subcontracts or subawards made or planned to be made with the Federal funding; and ``(B) obtain consent from the head of the agency before awarding a subcontract or award described in subparagraph (A). ``(2) Agency submission.--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. ``(3) Board inquiries.-- ``(A) In general.--The Board may contact an entity that submits a disclosure under paragraph (1) to request additional information relating to the disclosure. ``(B) Access to reports.--During the course of high-risk 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-- ``(i) the agency; ``(ii) the entity performing the high-risk life sciences research; and ``(iii) any subcontractor or subawardee of an entity described in clause (ii). ``Sec. 7906. Board review ``(a) In General.-- ``(1) High-risk life sciences research.--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 the Board receives 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 high- risk life sciences 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 high-risk life sciences research in progress; and ``(C) by a majority vote, determine with respect to the high-risk life sciences research funded by the proposed Federal funding or Federal funding for high- risk life sciences 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) Proposed life sciences research.-- ``(A) In general.--With respect to proposed Federal funding by an agency for life sciences research, the Board may-- ``(i) review the proposed Federal funding; and ``(ii) determine whether the Board should review the proposed Federal funding in accordance with paragraph (1). ``(B) Notification.--If the Board makes a positive determination under subparagraph (A)(ii) with respect to proposed Federal funding by an agency-- ``(i) the Board shall notify the head of the agency; and ``(ii) the head of the agency may not award the proposed Federal funding until the date on which the Board makes a final determination with respect to the proposed Federal funding under paragraph (1). ``(3) Past funding.--With respect to life sciences research performed with Federal funding awarded by an agency before the date of enactment of this chapter, the Board may review and audit the research in order to assess the compliance of the agency with the provisions of this chapter. ``(4) Ongoing funding for life sciences research.--With respect to Federal funding for life sciences research in progress awarded by an agency before the date of enactment of this Act that the Board determines may constitute high-risk life sciences research, the Board may-- ``(A) direct the agency to temporarily suspend the Federal funding; ``(B) require the agency to provide complete information on the Federal funding in order for the Board to complete a review of the life sciences research under paragraph (1); and ``(C) by a majority vote of members of the Board, determine whether the agency may continue the Federal funding. ``(b) Considerations.-- ``(1) In general.--In making a determination under subsection (a)(1)(B), the Board shall consider, with respect to the high-risk life sciences research that will be conducted with the proposed Federal funding or high-risk life sciences 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 at least in part in a foreign country; ``(G) the reasonably anticipated material risks of the research; ``(H) the reasonably anticipated information risks of the research; ``(I) the reasonably anticipated benefits of the research; ``(J) whether the reasonably anticipated benefits of the research outweigh the reasonably anticipated risks; and ``(K) whether the benefits of the research could be obtained through procedures posing lower risks. ``(2) Weight of factors.--The presence or absence of any factor under paragraph (1) shall not be decisive with respect to the determination of the Board under subsection (a)(1)(B). ``(c) Notice Following Review and Determination.-- ``(1) Agency notification.--Not later than 5 days after the date on which the Board makes a determination under subsection (a)(1)(B) with respect to Federal funding by an agency, the Executive Director of the Board shall notify the head of the agency of the determination. ``(2) Board consultation.-- ``(A) In general.--Not later than 10 days after receiving a notification from the Board under paragraph (1), the head of an agency may request a meeting with the Board to discuss the determination of the Board. ``(B) Board response.--The Board shall schedule a meeting requested by the head of an agency under subparagraph (A) in a timely manner. ``(3) Notification to appropriate congressional committees.--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. ``(d) Request for Expedited Review.-- ``(1) Definition.--In this subsection, the term `emergency research' means high-risk life sciences research submitted to the Board that relates to a public health emergency or addresses a specific national security concern. ``(2) Request; notification.--The head of an agency seeking expedited review from the Board to award Federal funding for emergency research shall-- ``(A) include a request for expedited review in the notification required under section 7905(c); and ``(B) on the date of the notification described in subparagraph (A), submit to the Board and the appropriate congressional committees a notification that explains why the specific public health emergency or national security concern necessitates expedited review under this subsection. ``(3) Internal process.--The Board shall establish an internal process under which the Board will give proposed emergency research expedited review under this section. ``(4) Temporary emergency research.--If the Board does not notify the head of an agency with a determination under subsection (a)(1)(B) with respect to proposed emergency research by the 15 days after the date on which the head of the agency submits a request under paragraph (2)(A), the head of the agency may award Federal funding for the emergency research on a temporary basis. ``(e) Scientific Expert Panels.-- ``(1) In general.--The Board may establish a scientific panel of nongovernmental experts to advise the Board in the review by the Board of life sciences research pursuant to this chapter. ``(2) Policies and procedures.--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). ``(3) Prohibition.--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. ``(4) Report.-- ``(A) In general.--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, qualifications, and any identified or perceived conflicts of interest of individuals who serve on the panel. ``(B) Panel changes.--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). ``(f) Report.-- ``(1) In general.--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 a report, which shall include a classified annex, summarizing, with respect to each determination by the Board under this section relating to high-risk life sciences research-- ``(A) the findings of the Board; ``(B) the determination of the Board; ``(C) the name and location of the entity proposing the life sciences research; ``(D) 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 ``(E) 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. ``(2) Public report.--On the date on which the Board submits a report required under paragraph (1), the Board shall make the report, other than the classified annex included in the report, available on a website. ``(g) Effective Date.--This section shall take effect on the date that is 270 days after the date of enactment of this chapter. ``Sec. 7907. GAO Audits ``The Comptroller General of the United States shall periodically audit the Board. ``Sec. 7908. Funding ``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.''. (b) Clerical Amendment.--The table of chapters for subtitle V of title 31, United States Code, is amended by adding at the end the following: ``79. Life Sciences Research Security Board................ 7901''. (c) Financial Disclosure Reports of Board Members.--Section 13103(f) of title 5, United States Code, is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(13) a member of the Life Sciences Research Security Board established under section 7902 of title 31.''. Calendar No. 667 118th CONGRESS 2d Session S. 4667 [Report No. 118-264] _______________________________________________________________________ A BILL To amend title 31, United States Code, to establish the Life Sciences Research Security Board, and for other purposes. _______________________________________________________________________ December 5, 2024 Reported with an amendment\n--- SOURCE_TEXT END ---\n\n--- FLAGGED_JSON START ---\n{\n \"pl_ai_title\": \"Nowa Rada Kontroli Badań Biologicznych Wysokiego Ryzyka i Bezpieczeństwa Publicznego\",\n \"pl_summary\": \"Ustawa powołuje Niezależną Radę ds. Bezpieczeństwa Badań Nauk Przyrodniczych, której zadaniem jest zatwierdzanie lub odrzucanie federalnego finansowania dla badań wysokiego ryzyka. Ma to na celu ochronę zdrowia publicznego i bezpieczeństwa narodowego poprzez zapobieganie finansowaniu z pieniędzy podatników eksperymentów, które mogłyby prowadzić do stworzenia niebezpiecznych patogenów lub być wykorzystane w złych celach. Naukowcy i urzędnicy, którzy świadomie naruszą te zasady, ryzykują surowe kary, w tym trwałą utratę finansowania i stanowiska.\",\n \"pl_key_points\": [\n \"Powołanie Rady, która będzie niezależnie zatwierdzać lub odrzucać finansowanie federalne dla ryzykownych badań biologicznych, w tym tych, które zwiększają zakaźność lub zjadliwość patogenów (badania typu \\\"gain of function\\\").\",\n \"Wnioskodawcy muszą pod przysięgą zaświadczyć, czy ich projekt stanowi badanie wysokiego ryzyka; agencje federalne muszą weryfikować te oświadczenia.\",\n \"Za świadome naruszenia zasad (np. fałszywe oświadczenia) grożą surowe kary, w tym stała dyskwalifikacja z otrzymywania funduszy federalnych dla instytucji oraz zwolnienie i utrata poświadczeń bezpieczeństwa dla urzędników.\"\n ],\n \"eng_ai_title\": \"New Board to Review and Control Federal Funding for High-Risk Life Sciences Research\",\n \"eng_summary\": \"This law establishes the Life Sciences Research Security Board, an independent agency tasked with reviewing and approving all federal funding for high-risk life sciences research. Its purpose is to protect public health and national security by preventing taxpayer money from funding studies that could accidentally or intentionally create dangerous pathogens or be misused for harm. Researchers and agencies face severe penalties, including permanent funding bans and job loss, for non-compliance or false reporting regarding risky experiments.\",\n \"eng_key_points\": [\n \"Creates the Life Sciences Research Security Board to independently approve or deny federal funding for high-risk biological research.\",\n \"\\\"High-risk research\\\" includes studies that could enhance the virulence or transmissibility of dangerous pathogens (gain of function) or have potential dual use for harm.\",\n \"Severe penalties, including permanent funding disqualification and revocation of security clearances, apply to researchers and agency officials who knowingly violate the rules.\"\n ],\n \"de_ai_title\": \"Neue Behörde zur Kontrolle der Finanzierung Risikoreicher Biowissenschaftlicher Forschung\",\n \"de_summary\": \"Dieses Gesetz schafft den Ausschuss für die Sicherheit der Biowissenschaftlichen Forschung, eine unabhängige Stelle, die alle Bundesmittel für risikoreiche Forschung überprüfen und genehmigen muss. Ziel ist es, die öffentliche Gesundheit und die nationale Sicherheit zu schützen, indem verhindert wird, dass Steuergelder Studien finanzieren, die versehentlich oder absichtlich gefährliche Krankheitserreger erzeugen oder missbraucht werden könnten. Forscher und Behördenmitarbeiter, die wissentlich gegen die Regeln verstoßen, riskieren strenge Strafen, einschließlich dauerhaftem Entzug der Finanzierung und Verlust der Sicherheitsfreigaben.\",\n \"de_key_points\": [\n \"Gründung des Ausschusses zur unabhängigen Genehmigung oder Ablehnung von Bundesmitteln für riskante biologische Forschung, insbesondere Studien zur Steigerung der Virulenz von Krankheitserregern.\",\n \"Antragsteller müssen unter Eid bestätigen, ob ihr vorgeschlagenes Projekt risikoreiche Forschung darstellt, wobei die Bundesbehörden diese Angaben zertifizieren müssen.\",\n \"Bei wissentlichen Verstößen drohen harte Strafen, wie der dauerhafte Ausschluss von Bundesmitteln für Forschungseinrichtungen und die Entlassung von Regierungsmitarbeitern.\"\n ],\n \"fr_ai_title\": \"Nouvelle Autorité pour Contrôler le Financement de la Recherche Biologique à Haut Risque\",\n \"fr_summary\": \"Cette loi établit le Conseil de Sécurité de la Recherche en Sciences de la Vie, une agence indépendante chargée d'examiner et d'approuver tous les financements fédéraux pour la recherche à haut risque. L'objectif est de protéger la santé publique et la sécurité nationale en s'assurant que l'argent des contribuables ne finance pas des études susceptibles de créer des agents pathogènes dangereux ou d'être détournées à des fins malveillantes. Les chercheurs et les agences s'exposent à des sanctions sévères, y compris l'interdiction permanente de financement, en cas de non-conformité ou de fausse déclaration.\",\n \"fr_key_points\": [\n \"Création du Conseil de Sécurité de la Recherche en Sciences de la Vie pour approuver ou refuser de manière indépendante le financement fédéral de la recherche biologique risquée.\",\n \"La \\\"recherche à haut risque\\\" inclut les études qui pourraient augmenter la virulence ou la transmissibilité d'agents pathogènes dangereux (gain de fonction) ou avoir un potentiel de double usage.\",\n \"Des sanctions sévères, telles que la disqualification permanente du financement et la révocation des habilitations de sécurité, s'appliquent en cas de violation délibérée.\"\n ],\n \"es_ai_title\": \"Nueva Junta para Controlar la Financiación de Investigación Biológica Federal de Alto Riesgo\",\n \"es_summary\": \"Esta ley establece la Junta de Seguridad de la Investigación en Ciencias de la Vida, una agencia independiente encargada de revisar y aprobar toda la financiación federal para la investigación de alto riesgo. Su objetivo es proteger la salud pública y la seguridad nacional, asegurando que el dinero de los contribuyentes no financie estudios que puedan crear patógenos peligrosos o ser mal utilizados. Los investigadores y las agencias se enfrentan a sanciones severas, incluida la descalificación permanente de fondos y la pérdida de autorizaciones de seguridad, por incumplimiento o informes falsos.\",\n \"es_key_points\": [\n \"Se crea la Junta de Seguridad de la Investigación en Ciencias de la Vida para aprobar o denegar de forma independiente la financiación federal para investigaciones biológicas arriesgadas.\",\n \"La \\\"investigación de alto riesgo\\\" incluye estudios que podrían aumentar la virulencia o transmisibilidad de patógenos peligrosos (ganancia de función) o tener potencial de doble uso.\",\n \"Se aplicarán sanciones severas, como la descalificación permanente de la financiación y la revocación de las autorizaciones de seguridad, por violaciones intencionales.\"\n ],\n \"it_ai_title\": \"Nuova Commissione per Controllare i Finanziamenti alla Ricerca Biologica Federale ad Alto Rischio\",\n \"it_summary\": \"Questa legge istituisce il Consiglio di Sicurezza della Ricerca in Scienze della Vita, un'agenzia indipendente incaricata di esaminare e approvare tutti i finanziamenti federali per la ricerca ad alto rischio. L'obiettivo è proteggere la salute pubblica e la sicurezza nazionale impedendo che il denaro dei contribuenti finanzi studi che potrebbero creare agenti patogeni pericolosi o essere utilizzati in modo improprio. Ricercatori e agenzie che violano consapevolmente le regole rischiano sanzioni severe, inclusa la squalifica permanente dai finanziamenti e la revoca delle autorizzazioni di sicurezza.\",\n \"it_key_points\": [\n \"Istituzione del Consiglio di Sicurezza della Ricerca in Scienze della Vita per approvare o negare in modo indipendente i finanziamenti federali per la ricerca biologica rischiosa.\",\n \"La \\\"ricerca ad alto rischio\\\" include studi che potrebbero aumentare la virulenza o la trasmissibilità di agenti patogeni pericolosi (gain of function) o avere un potenziale duplice uso.\",\n \"Sanzioni severe, come la squalifica permanente dai finanziamenti e la revoca delle autorizzazioni di sicurezza, si applicano per violazioni intenzionali.\"\n ],\n \"nl_ai_title\": \"Nieuwe Raad voor Toezicht op Federale Financiering van Risicovol Biologisch Onderzoek\",\n \"nl_summary\": \"Deze wet richt de Raad voor de Veiligheid van Levenswetenschappelijk Onderzoek op, een onafhankelijk orgaan dat alle federale financiering voor risicovol onderzoek moet beoordelen en goedkeuren. Het doel is de volksgezondheid en nationale veiligheid te beschermen door te voorkomen dat belastinggeld wordt gebruikt voor studies die gevaarlijke ziekteverwekkers kunnen creëren of misbruikt kunnen worden. Onderzoekers en overheidsinstanties riskeren strenge straffen, waaronder permanente uitsluiting van financiering en verlies van veiligheidsmachtigingen, bij niet-naleving of valse verklaringen.\",\n \"nl_key_points\": [\n \"Oprichting van de Raad voor de Veiligheid van Levenswetenschappelijk Onderzoek om onafhankelijk federale financiering voor risicovol biologisch onderzoek goed te keuren of af te wijzen.\",\n \"\\\"Risicovol onderzoek\\\" omvat studies die de virulentie of overdraagbaarheid van gevaarlijke pathogenen kunnen vergroten (gain of function) of potentieel dubbel gebruik hebben.\",\n \"Strenge sancties, zoals permanente diskwalificatie van financiering en intrekking van veiligheidsmachtigingen, gelden voor opzettelijke overtredingen.\"\n ],\n \"pt_ai_title\": \"Novo Conselho para Controlar o Financiamento de Pesquisas Biológicas Federais de Alto Risco\",\n \"pt_summary\": \"Esta lei estabelece o Conselho de Segurança da Pesquisa em Ciências da Vida, uma agência independente encarregada de revisar e aprovar todo o financiamento federal para pesquisas de alto risco. O objetivo é proteger a saúde pública e a segurança nacional, garantindo que o dinheiro dos contribuintes não financie estudos que possam criar patógenos perigosos ou ser mal utilizados. Pesquisadores e agências enfrentam penalidades severas, incluindo desqualificação permanente de fundos e revogação de autorizações de segurança, por não conformidade ou declarações falsas.\",\n \"pt_key_points\": [\n \"Criação do Conselho de Segurança da Pesquisa em Ciências da Vida para aprovar ou negar de forma independente o financiamento federal para pesquisas biológicas arriscadas.\",\n \"A \\\"pesquisa de alto risco\\\" inclui estudos que podem aumentar a virulência ou transmissibilidade de patógenos perigosos (ganho de função) ou ter potencial de duplo uso.\",\n \"Sanções severas, como desqualificação permanente de financiamento e revogação de autorizações de segurança, aplicam-se a violações intencionais.\"\n ],\n \"category\": [\n \"Security\",\n \"Health\"\n ]\n}\n--- FLAGGED_JSON END ---\n\nOUTPUT:\nWyłącznie naprawiony obiekt JSON zgodny ze strukturą:\n{\n \"pl_ai_title\": \"...\", \"pl_summary\": \"...\", \"pl_key_points\": [...],\n \"eng_ai_title\": \"...\", \"eng_summary\": \"...\", \"eng_key_points\": [...],\n \"de_ai_title\": \"...\", \"de_summary\": \"...\", \"de_key_points\": [...],\n \"fr_ai_title\": \"...\", \"fr_summary\": \"...\", \"fr_key_points\": [...],\n \"es_ai_title\": \"...\", \"es_summary\": \"...\", \"es_key_points\": [...],\n \"it_ai_title\": \"...\", \"it_summary\": \"...\", \"it_key_points\": [...],\n \"nl_ai_title\": \"...\", \"nl_summary\": \"...\", \"nl_key_points\": [...],\n \"pt_ai_title\": \"...\", \"pt_summary\": \"...\", \"pt_key_points\": [...],\n \"category\": [\"...\"]\n}\n\n", "ai_response_raw": "{\n \"pl_ai_title\": \"Nowa Rada Kontroli Badań Biologicznych Wysokiego Ryzyka i Bezpieczeństwa Publicznego\",\n \"pl_summary\": \"Ustawa powołuje Niezależną Radę ds. Bezpieczeństwa Badań Nauk Przyrodniczych, której zadaniem jest zatwierdzanie lub odrzucanie federalnego finansowania dla badań wysokiego ryzyka. Ma to na celu ochronę zdrowia publicznego i bezpieczeństwa narodowego poprzez zapobieganie finansowaniu z pieniędzy podatników eksperymentów, które mogłyby prowadzić do stworzenia niebezpiecznych patogenów lub być wykorzystane w złych celach. Naukowcy i urzędnicy, którzy świadomie naruszą te zasady, ryzykują surowe kary, w tym trwałą utratę poświadczeń bezpieczeństwa.\",\n \"pl_key_points\": [\n \"Powołanie Rady, która będzie niezależnie zatwierdzać lub odrzucać finansowanie federalne dla ryzykownych badań biologicznych, w tym tych, które zwiększają zakaźność lub zjadliwość patogenów (badania typu \\\"gain of function\\\").\",\n \"Wnioskodawcy muszą pod przysięgą zaświadczyć, czy ich projekt stanowi badanie wysokiego ryzyka; agencje federalne muszą weryfikować te oświadczenia.\",\n \"Za świadome naruszenia zasad (np. fałszywe oświadczenia) grożą kary dyscyplinarne, w tym trwała utrata poświadczeń bezpieczeństwa dla pracowników agencji oraz postępowanie w sprawie zawieszenia i wykluczenia z finansowania dla podmiotów.\"\n ],\n \"eng_ai_title\": \"New Board to Review and Control Federal Funding for High-Risk Life Sciences Research\",\n \"eng_summary\": \"This law establishes the Life Sciences Research Security Board, an independent agency tasked with reviewing and approving federal funding for high-risk life sciences research. Its purpose is to protect public health and national security by preventing taxpayer money from funding studies that could accidentally or intentionally create dangerous pathogens or be misused for harm. Researchers and agencies face penalties, including suspension and debarment proceedings and revocation of security clearances, for knowing non-compliance or false reporting regarding risky experiments.\",\n \"eng_key_points\": [\n \"Creates the Life Sciences Research Security Board to independently approve or deny federal funding for high-risk biological research.\",\n \"\\\"High-risk research\\\" includes studies that could enhance the virulence or transmissibility of dangerous pathogens (gain of function) or have potential dual use for harm.\",\n \"Penalties, including referral for suspension and debarment proceedings and permanent revocation of security clearances, apply to researchers and agency officials who knowingly violate the rules.\"\n ],\n \"de_ai_title\": \"Neue Behörde zur Kontrolle der Finanzierung Risikoreicher Biowissenschaftlicher Forschung\",\n \"de_summary\": \"Dieses Gesetz schafft den Ausschuss für die Sicherheit der Biowissenschaftlichen Forschung, eine unabhängige Stelle, die Bundesmittel für risikoreiche Forschung überprüfen und genehmigen muss. Ziel ist es, die öffentliche Gesundheit und die nationale Sicherheit zu schützen, indem verhindert wird, dass Steuergelder Studien finanzieren, die versehentlich oder absichtlich gefährliche Krankheitserreger erzeugen oder missbraucht werden könnten. Forscher und Behördenmitarbeiter, die wissentlich gegen die Regeln verstoßen, riskieren Strafen, einschließlich Verfahren zur Aussetzung und zum Ausschluss von der Finanzierung sowie den Verlust von Sicherheitsfreigaben.\",\n \"de_key_points\": [\n \"Gründung des Ausschusses zur unabhängigen Genehmigung oder Ablehnung von Bundesmitteln für riskante biologische Forschung, insbesondere Studien zur Steigerung der Virulenz von Krankheitserregern.\",\n \"Antragsteller müssen unter Eid bestätigen, ob ihr vorgeschlagenes Projekt risikoreiche Forschung darstellt, wobei die Bundesbehörden diese Angaben zertifizieren müssen.\",\n \"Bei wissentlichen Verstößen drohen Strafen, wie Verfahren zum Ausschluss von Bundesmitteln für Einrichtungen und der dauerhafte Entzug von Sicherheitsfreigaben für Regierungsmitarbeiter.\"\n ],\n \"fr_ai_title\": \"Nouvelle Autorité pour Contrôler le Financement de la Recherche Biologique à Haut Risque\",\n \"fr_summary\": \"Cette loi établit le Conseil de Sécurité de la Recherche en Sciences de la Vie, une agence indépendante chargée d'examiner et d'approuver les financements fédéraux pour la recherche à haut risque. L'objectif est de protéger la santé publique et la sécurité nationale en s'assurant que l'argent des contribuables ne finance pas des études susceptibles de créer des agents pathogènes dangereux ou d'être détournées à des fins malveillantes. Les chercheurs et les agences s'exposent à des sanctions, y compris des procédures de suspension et d'exclusion du financement, en cas de non-conformité délibérée.\",\n \"fr_key_points\": [\n \"Création du Conseil de Sécurité de la Recherche en Sciences de la Vie pour approuver ou refuser de manière indépendante le financement fédéral de la recherche biologique risquée.\",\n \"La \\\"recherche à haut risque\\\" inclut les études qui pourraient augmenter la virulence ou la transmissibilité d'agents pathogènes dangereux (gain de fonction) ou avoir un potentiel de double usage.\",\n \"Des sanctions, telles que le renvoi pour des procédures de suspension et d'exclusion et la révocation permanente des habilitations de sécurité, s'appliquent en cas de violation délibérée.\"\n ],\n \"es_ai_title\": \"Nueva Junta para Controlar la Financiación de Investigación Biológica Federal de Alto Riesgo\",\n \"es_summary\": \"Esta ley establece la Junta de Seguridad de la Investigación en Ciencias de la Vida, una agencia independiente encargada de revisar y aprobar la financiación federal para la investigación de alto riesgo. Su objetivo es proteger la salud pública y la seguridad nacional, asegurando que el dinero de los contribuyentes no financie estudios que puedan crear patógenos peligrosos o ser mal utilizados. Los investigadores y las agencias se enfrentan a sanciones, incluidos procedimientos de suspensión e inhabilitación para recibir fondos y la pérdida de autorizaciones de seguridad, por incumplimiento intencionado.\",\n \"es_key_points\": [\n \"Se crea la Junta de Seguridad de la Investigación en Ciencias de la Vida para aprobar o denegar de forma independiente la financiación federal para investigaciones biológicas arriesgadas.\",\n \"La \\\"investigación de alto riesgo\\\" incluye estudios que podrían aumentar la virulencia o transmisibilidad de patógenos peligrosos (ganancia de función) o tener potencial de doble uso.\",\n \"Se aplicarán sanciones, como la remisión a procedimientos de suspensión e inhabilitación y la revocación permanente de las autorizaciones de seguridad, por violaciones intencionales.\"\n ],\n \"it_ai_title\": \"Nuova Commissione per Controllare i Finanziamenti alla Ricerca Biologica Federale ad Alto Rischio\",\n \"it_summary\": \"Questa legge istituisce il Consiglio di Sicurezza della Ricerca in Scienze della Vita, un'agenzia indipendente incaricata di esaminare e approvare i finanziamenti federali per la ricerca ad alto rischio. L'obiettivo è proteggere la salute pubblica e la sicurezza nazionale impedendo che il denaro dei contribuenti finanzi studi che potrebbero creare agenti patogeni pericolosi o essere utilizzati in modo improprio. Ricercatori e agenzie che violano consapevolmente le regole rischiano sanzioni, inclusi procedimenti di sospensione ed esclusione dai finanziamenti e la revoca delle autorizzazioni di sicurezza.\",\n \"it_key_points\": [\n \"Istituzione del Consiglio di Sicurezza della Ricerca in Scienze della Vita per approvare o negare in modo indipendente i finanziamenti federali per la ricerca biologica rischiosa.\",\n \"La \\\"ricerca ad alto rischio\\\" include studi che potrebbero aumentare la virulenza o la trasmissibilità di agenti patogeni pericolosi (gain of function) o avere un potenziale duplice uso.\",\n \"Sanzioni, come il rinvio a procedimenti di sospensione ed esclusione e la revoca permanente delle autorizzazioni di sicurezza, si applicano per violazioni intenzionali.\"\n ],\n \"nl_ai_title\": \"Nieuwe Raad voor Toezicht op Federale Financiering van Risicovol Biologisch Onderzoek\",\n \"nl_summary\": \"Deze wet richt de Raad voor de Veiligheid van Levenswetenschappelijk Onderzoek op, een onafhankelijk orgaan dat federale financiering voor risicovol onderzoek moet beoordelen en goedkeuren. Het doel is de volksgezondheid en nationale veiligheid te beschermen door te voorkomen dat belastinggeld wordt gebruikt voor studies die gevaarlijke ziekteverwekkers kunnen creëren of misbruikt kunnen worden. Onderzoekers en overheidsinstanties riskeren straffen, waaronder procedures voor schorsing en uitsluiting van financiering en verlies van veiligheidsmachtigingen, bij opzettelijke niet-naleving.\",\n \"nl_key_points\": [\n \"Oprichting van de Raad voor de Veiligheid van Levenswetenschappelijk Onderzoek om onafhankelijk federale financiering voor risicovol biologisch onderzoek goed te keuren of af te wijzen.\",\n \"\\\"Risicovol onderzoek\\\" omvat studies die de virulentie of overdraagbaarheid van gevaarlijke pathogenen kunnen vergroten (gain of function) of potentieel dubbel gebruik hebben.\",\n \"Sancties, zoals verwijzing voor schorsings- en uitsluitingsprocedures en permanente intrekking van veiligheidsmachtigingen, gelden voor opzettelijke overtredingen.\"\n ],\n \"pt_ai_title\": \"Novo Conselho para Controlar o Financiamento de Pesquisas Biológicas Federais de Alto Risco\",\n \"pt_summary\": \"Esta lei estabelece o Conselho de Segurança da Pesquisa em Ciências da Vida, uma agência independente encarregada de revisar e aprovar o financiamento federal para pesquisas de alto risco. O objetivo é proteger a saúde pública e a segurança nacional, garantindo que o dinheiro dos contribuintes não financie estudos que possam criar patógenos perigosos ou ser mal utilizados. Pesquisadores e agências enfrentam penalidades, incluindo processos de suspensão e impedimento de recebimento de fundos e revogação de autorizações de segurança, por não conformidade intencional.\",\n \"pt_key_points\": [\n \"Criação do Conselho de Segurança da Pesquisa em Ciências da Vida para aprovar ou negar de forma independente o financiamento federal para pesquisas biológicas arriscadas.\",\n \"A \\\"pesquisa de alto risco\\\" inclui estudos que podem aumentar a virulência ou transmissibilidade de patógenos perigosos (ganho de função) ou ter potencial de duplo uso.\",\n \"Penalidades, como encaminhamento para processos de suspensão e impedimento e revogação permanente de autorizações de segurança, aplicam-se a violações intencionais.\"\n ],\n \"category\": [\n \"Security\",\n \"Health\"\n ]\n}" }, { "timestamp": "2025-12-30T22:26:54.467Z", "source_url": "https://www.congress.gov/118/bills/s4667/BILLS-118s4667rs.xml", "model": "gemini-flash-lite-latest", "prompt_sent": "\nROLE: Fact Checker.\nZADANIE: Porównaj SOURCE (oryginał) i SUMMARY (streszczenie przygotowane przez inne AI).\n\nTwoim celem jest wykrycie \"ZMYŚLONYCH KONKRETÓW\" (Fabricated Entities) w SUMMARY.\n\nSOURCE:\n118 S4667 RS: Risky Research Review Act U.S. Senate 2024-12-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IICalendar No. 667118th CONGRESS2d SessionS. 4667[Report No. 118–264]IN THE SENATE OF THE UNITED STATESJuly 10, 2024Mr. Paul (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsDecember 5, 2024Reported by Mr. Peters, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend title 31, United States Code, to establish the Life Sciences Research Security Board, and for other purposes.1.Short titleThis Act may be cited as the Risky Research Review Act.2.Life Sciences Research Security Board(a)In generalSubtitle V of title 31, United States Code, is amended by adding at the end the following: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..(b)Clerical amendmentThe table of sections for subtitle V of title 31, United States Code, is amended by adding at the end the following:Chapter 79—Life Sciences Research Security Board 7901. Definitions. 7902. Establishment and membership. 7903. Board personnel. 7904. Board mission and functions. 7905. Agency procedures; referral to Board. 7906. Board review. 7907. Funding..(c)Financial disclosure reports of Board membersSection 13103(f) of title 5, United States Code, is amended—(1)in paragraph (11), by striking and at the end;(2)in paragraph (12), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(13)a member of the Life Sciences Research Security Board established under section 7902 of title 31..1.Short titleThis Act may be cited as the Risky Research Review Act.2.Life Sciences Research Security Board(a)In generalSubtitle V of title 31, United States Code, is amended by adding at the end the following:79Life Sciences Research Security Board7901. Definitions. 7902. Establishment and membership. 7903. Board personnel. 7904. Board mission and functions. 7905. Agency procedures; referral to Board. 7906. Board review. 7907. GAO Audits. 7908. Funding. 7901.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 use research of concernThe term dual use research of concern—(A)means life sciences research that, based on current understanding, can be reasonably anticipated to provide knowledge, information, products, or technologies that could—(i)be misapplied to do harm with no modification or only a minor modification; and(ii)pose a significant threat with potential consequences to public health and safety, agricultural crops and other plants, animals, materiel, or national security; and(B)includes—(i)life sciences research that could—(I)increase transmissibility of a pathogen within or between host species;(II)increase the virulence of a pathogen or convey virulence to a non-pathogen;(III)increase the toxicity of a known toxin or produce a novel toxin;(IV)increase—(aa)the stability of a pathogen or toxin in the environment; or(bb)the ability to disseminate a pathogen or toxin;(V)alter the host range or tropism of a pathogen or toxin;(VI)decrease the ability for a human or veterinary pathogen or toxin to be detected using standard diagnostic or analytical methods;(VII)increase resistance of a pathogen or toxin to clinical or veterinary prophylactic or therapeutic interventions;(VIII)alter a human or veterinary pathogen or toxin to disrupt the effectiveness of pre-existing immunity, via immunization or natural infection, against the pathogen or toxin;(IX)enhance the susceptibility of a host population to a pathogen or toxin;(X)enhance transmissibility of a pathogen in humans;(XI)enhance the virulence of a pathogen in humans;(XII)enhance the immune evasion of a pathogen in humans, such as by modifying the pathogen to disrupt the effectiveness of pre-existing immunity via immunization or natural infection; or(XIII)generate, use, reconstitute, or transfer an eradicated or extinct high-consequence pathogen; and(ii)any other category of life sciences research that the Board, by majority vote of the members of the Board, identifies and publishes in the Federal Register. (5)EmployeeThe term employee means an individual described in section 2105(a) of title 5.(6)Federal fundingThe term Federal funding means amounts awarded by an agency pursuant to an intramural or extramural grant, cooperative agreement, interagency agreement, contract, or other instrument.(7)Gain of function researchThe term gain of function research means a research experiment that may enhance the transmissibility or virulence of a high-consequence pathogen.(8)High-consequence pathogenThe term high-consequence pathogen—(A)means a wild-type or synthetic pathogen that—(i)(I)is likely capable of wide and uncontrollable spread in human populations; and(II)would likely cause moderate to severe disease or mortality in humans; or(ii)is—(I)subject to subparagraph (B), influenza A virus;(II)classified under subgenus Sarbecovirus;(III)classified under subgenus Merbecovirus;(IV)Variola orthopoxvirus;(V)Mpox orthopoxvirus; (VI)Nipah henipavirus;(VII)Hendra henipavirus;(VIII)Ebola orthoebolavirus;(IX)Marburg marburgvirus(X)Lassa mammarenavirus;(XI)Junin arenavirus;(XII)Crimean-Congo hemorrhagic fever orthonairovirus;(XIII)Hantaan orthohantavirus;(XIV)Sin Nombre orthohantavirus;(XV)Yersinia pestis;(XVI)a select agent or toxin, work with which poses a significant risk of deliberate misuse;(XVII)any other pathogen or category of pathogen that a majority of members of the Board—(aa)identifies as a high-consequence pathogen; and(bb)publishes in the Federal Register; or(XVIII)any synthetic construct of a pathogen or category of pathogen described in this clause; and(B)does not include a seasonal influenza virus, unless a seasonal influenza virus has been manipulated to include genetic sequences from a pathogen described in subparagraph (A). (9)High-risk life sciences researchThe term high-risk life sciences research means life sciences research that is—(A)dual use research of concern involving a high-consequence pathogen; or(B)gain of function research.(10)Life sciences researchThe term life sciences research—(A)means the study or use of a living organism, a virus, or a product of a living organism or virus; and(B)includes each discipline, methodology, and application of biology, including biotechnology, genomics, proteomics, bioinformatics, and pharmaceutical and biomedical research and techniques.(11)Select agent or toxinThe term select agent or toxin means a select 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 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;(C)2 nongovernmental national security experts; and(D)1 nongovernmental biosafety expert.(2)Period for nominationsThe President shall make appointments, other than the Executive Director, to the Board not later than 30 days after the date of enactment of this chapter.(3)Considerations of recommendationsThe President shall make appointments to the Board after considering individuals recommended by the chair and ranking member of the appropriate congressional committees.(4)QualificationsIndividuals appointed 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 high-risk life sciences research to public health and national security; and(B)may not be an employee 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 an employee, a subcontractor, a previous employee, 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 Executive Director of 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 member 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 Board, in consultation with the Director of the Office of Government Ethics, shall—(A)not later than 180 days after the date of the enactment of this chapter—(i)establish criteria to determine whether there is a conflict of interest with respect to any individual appointed to the Board, taking into consideration requirements under Federal law relating to ethics requirements for employees; and(ii)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 the individual does not have any conflict of interest under the criteria established pursuant to clause (i); 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 under the criteria established pursuant to subparagraph (A)(i) 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 under the criteria established pursuant to paragraph (1)(A)(i), the Director of the Office of Government Ethics shall notify the chair and ranking member 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 under the criteria established pursuant to paragraph (1)(A)(i), the member of the Board or the Executive Director of the Board shall notify the chair and ranking member 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 chapter 51 and subchapter III of chapter 53 of title 5 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 member 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 space(1)In generalIn 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.(2)Secure office space(A)RequestsIn order to review or discuss classified information, the Board shall request an accommodation from relevant agencies to access sensitive compartmented information facilities on an as-needed basis.(B)FulfilmentThe head of an agency from which the Board requests an accommodation under subparagraph (A) shall accommodate the request in a timely manner.7903.Board personnel(a)Executive director(1)AppointmentNot later than 45 days after the date of enactment of this chapter, the President shall appoint, by and with the advice and consent of the Senate, 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; or(ii)a participant in high-risk life sciences research supported by Federal funding. (3)Security clearances(A)In generalA candidate for Executive Director 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)Qualification prior to appointmentThe President shall ensure that a candidate for Executive Director of the Board qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. (4)FunctionsThe Executive Director of the Board 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 of the Board shall not serve more than 2 terms.(b)Staff(1)In generalWithout regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service, the Board may appoint not more than 25 additional personnel 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 the Board determines that an individual hired on a conditional basis under clause (i) is not eligible 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 of an agency 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 of the Board 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 1 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 high-risk 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 high-risk 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; and(5)through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter.(c)Initial requirementsThe Board shall—(1)not later than 180 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 270 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.(f)Select agent or toxin updates(1)In generalNot later than 15 days after the date on which the Board receives a notification that a select agent or toxin has been added to a list of agent or toxins under a regulation described in paragraph (2), the Board shall—(A)review the select agent or toxin;(B)by majority vote of members of the Board, determine whether the select agent or toxin should be added into the definition of select agent or toxin under section 7901; and(C)publish any addition determined under subparagraph (B) in the Federal Register.(2)Regulations describedA regulation described in this paragraph is—(A)section 73.3(b) of title 42, Code of Federal Regulations, or any successor regulation;(B)section 331.3(b) of title 7, Code of Federal Regulations, or any successor regulation; and(C)section 121.3(b) of title 9, Code of Federal Regulations, or any successor regulation.(g)Final determination authorityIn any dispute with an agency or entity relating to the classification of life sciences research under this chapter, the Board shall retain final and ultimate authority in—(1)determining whether the life sciences research is high-risk life sciences research, dual use research of concern involving a high-consequence pathogen or gain of function research;(2)interpreting definitions in section 7901; and(3)determining whether a proposed Federal award for life sciences research is subject to the review process of the Board under section 7906(a)(1).7905.Agency procedures; referral to Board(a)In general(1)ProhibitionThe head of an agency may not award Federal funding for—(A)high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); or(B)life sciences research if the Board, in accordance with section 7906(a)(2)(A)(ii), submits notification to the agency under section 7906(a)(2)(B)(i) that Board is reviewing the Federal funding for life sciences research under section 7906(a) until the date on which the Board makes a final determination with respect to the proposed Federal funding.(2)Effective dateParagraph (1) shall take effect on the date that is 180 days after the date of enactment of this chapter.(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) for each application for Federal funding in accordance with chapter 31 of title 44; 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.(2)ContentsThe notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b).(3)Board requests(A)In generalThe Board may request additional information from the head of an agency relating to a notification submitted under paragraph (1).(B)Provision of informationThe head of an agency from which the Board request additional information under subparagraph (A) shall provide the information in a timely manner.(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 high-risk life science research proposals are referred to the Board before the award of Federal funding by the agency;(B)no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and(C)not later than 30 days before the date on which the head of the agency plans to award the Federal funding, the agency notifies the Board of the proposal for Federal funding; 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)not later than 24 hours after the identification of the change in circumstance, pause the life sciences research in progress; and(B)not later than 5 days after the date of the identification of the change in circumstance, submit to the head of the agency a written notification through an electronic or nonelectronic communication method that—(i)notifies the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and(ii)includes a detailed description of each change in circumstance that may transform the life sciences research in progress into 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 knowingly fails to make a true attestation under subsection (b)(1) or promptly notify the agency of a change in circumstance in accordance with subsection (f)(1), the head of the agency shall refer the entity to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.(2)Referral to inspector generalThe Board shall refer any employee of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that knowingly fails to comply with subsection (b)(3) to the inspector general of the agency.(3)Employee discipline(A)In generalThe head of an agency employing an employee who knowingly 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 in accordance with chapter 75 of title 5 or an equivalent procedure of the agency; and(ii)permanent revocation of any applicable security clearance held by the employee.(B)Contractor penaltyIn the case of contractor working under a contract with an agency who knowingly violates subsection (b)(1), the head of the agency shall refer the contractor to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.(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 publish on a publicly accessible and searchable website the amount of violations that have been committed under clause (i).(h)Subaward and subcontractor disclosure(1)In generalDuring the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall—(A)continuously disclose to the head of the agency any subcontracts or subawards made or planned to be made with the Federal funding; and(B)obtain consent from the head of the agency before awarding a subcontract or award described in subparagraph (A).(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 high-risk 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—(i)the agency;(ii)the entity performing the high-risk life sciences research; and(iii)any subcontractor or 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 the Board receives 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 high-risk life sciences 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 high-risk life sciences research in progress; and(C)by a majority vote, determine with respect to the high-risk life sciences research funded by the proposed Federal funding or Federal funding for high-risk life sciences 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)Proposed life sciences research(A)In generalWith respect to proposed Federal funding by an agency for life sciences research, the Board may—(i)review the proposed Federal funding; and(ii)determine whether the Board should review the proposed Federal funding in accordance with paragraph (1).(B)NotificationIf the Board makes a positive determination under subparagraph (A)(ii) with respect to proposed Federal funding by an agency—(i)the Board shall notify the head of the agency; and(ii)the head of the agency may not award the proposed Federal funding until the date on which the Board makes a final determination with respect to the proposed Federal funding under paragraph (1).(3)Past fundingWith respect to life sciences research performed with Federal funding awarded by an agency before the date of enactment of this chapter, the Board may review and audit the research in order to assess the compliance of the agency with the provisions of this chapter.(4)Ongoing funding for life sciences researchWith respect to Federal funding for life sciences research in progress awarded by an agency before the date of enactment of this Act that the Board determines may constitute high-risk life sciences research, the Board may—(A)direct the agency to temporarily suspend the Federal funding;(B)require the agency to provide complete information on the Federal funding in order for the Board to complete a review of the life sciences research under paragraph (1); and(C)by a majority vote of members of the Board, determine whether the agency may continue the Federal funding.(b)Considerations(1)In generalIn making a determination under subsection (a)(1)(B), the Board shall consider, with respect to the high-risk life sciences research that will be conducted with the proposed Federal funding or high-risk life sciences 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 at least in part in a foreign country; (G)the reasonably anticipated material risks of the research;(H)the reasonably anticipated information risks of the research;(I)the reasonably anticipated benefits of the research;(J)whether the reasonably anticipated benefits of the research outweigh the reasonably anticipated risks; and(K)whether the benefits of the research 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 subsection (a)(1)(B).(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) with respect to Federal funding by an agency, the Executive Director of the Board shall notify the head of the agency of the determination.(2)Board consultation(A)In generalNot later than 10 days after receiving a notification from the Board under paragraph (1), the head of an agency may request a meeting with the Board to discuss the determination of the Board.(B)Board responseThe Board shall schedule a meeting requested by the head of an agency under subparagraph (A) in a timely manner.(3)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)Request for expedited review(1)DefinitionIn this subsection, the term emergency research means high-risk life sciences research submitted to the Board that relates to a public health emergency or addresses a specific national security concern.(2)Request; notificationThe head of an agency seeking expedited review from the Board to award Federal funding for emergency research shall—(A)include a request for expedited review in the notification required under section 7905(c); and(B)on the date of the notification described in subparagraph (A), submit to the Board and the appropriate congressional committees a notification that explains why the specific public health emergency or national security concern necessitates expedited review under this subsection.(3)Internal processThe Board shall establish an internal process under which the Board will give proposed emergency research expedited review under this section.(4)Temporary emergency researchIf the Board does not notify the head of an agency with a determination under subsection (a)(1)(B) with respect to proposed emergency research by the 15 days after the date on which the head of the agency submits a request under paragraph (2)(A), the head of the agency may award Federal funding for the emergency research on a temporary basis.(e)Scientific expert panels(1)In generalThe Board may establish a scientific panel of nongovernmental 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, qualifications, and any identified or perceived conflicts of interest 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)Report(1)In generalNot 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 a report, which shall include a classified annex, summarizing, with respect to each determination by the Board under this section relating to high-risk life sciences research—(A)the findings of the Board;(B)the determination of the Board;(C)the name and location of the entity proposing the life sciences research;(D)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(E)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.(2)Public reportOn the date on which the Board submits a report required under paragraph (1), the Board shall make the report, other than the classified annex included in the report, available on a website.(g)Effective dateThis section shall take effect on the date that is 270 days after the date of enactment of this chapter.7907.GAO AuditsThe Comptroller General of the United States shall periodically audit the Board.7908.FundingThere 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)Clerical amendmentThe table of chapters for subtitle V of title 31, United States Code, is amended by adding at the end the following:79. Life Sciences Research Security Board7901.(c)Financial disclosure reports of Board membersSection 13103(f) of title 5, United States Code, is amended—(1)in paragraph (11), by striking and at the end;(2)in paragraph (12), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(13)a member of the Life Sciences Research Security Board established under section 7902 of title 31..December 5, 2024Reported with an amendment\n\nSUMMARY TO EVALUATE:\nTitle: New Board to Review and Control Federal Funding for High-Risk Life Sciences Research\nSummary: This law establishes the Life Sciences Research Security Board, an independent agency tasked with reviewing and approving all federal funding for high-risk life sciences research. Its purpose is to protect public health and national security by preventing taxpayer money from funding studies that could accidentally or intentionally create dangerous pathogens or be misused for harm. Researchers and agencies face severe penalties, including permanent funding bans and job loss, for non-compliance or false reporting regarding risky experiments.\nKey Points: Creates the Life Sciences Research Security Board to independently approve or deny federal funding for high-risk biological research., \"High-risk research\" includes studies that could enhance the virulence or transmissibility of dangerous pathogens (gain of function) or have potential dual use for harm., Severe penalties, including permanent funding disqualification and revocation of security clearances, apply to researchers and agency officials who knowingly violate the rules.\n\nZASADY OCENY:\n1. Sprawdź wszystkie LICZBY, DATY i KWOTY w SUMMARY. Jeśli którejś brakuje w SOURCE -> is_valid: false.\n2. Sprawdź wszystkie NAZWISKA, ORGANIZACJE i MIEJSCA w SUMMARY. Jeśli którejś brakuje w SOURCE -> is_valid: false.\n3. Sprawdź wszystkie konkretne DZIAŁANIA PRAWNE . Jeśli tego mechanizmu nie ma w SOURCE -> is_valid: false.\n\nWAŻNE: Abstrakcyjne pojęcia (np. \"transparentność\", \"zaufanie\") są dozwolone jako wnioski.\n\nOUTPUT (JSON):\n{\n \"is_valid\": true/false,\n \"issue\": \"fabricated_entity\" / \"contradiction\" / \"none\"\n}\n\nWYMAGANIA FORMATOWANIA:\n1. Odpowiedz WYŁĄCZNIE surowym obiektem JSON.\n2. NIE używaj bloków kodu Markdown.\n3. NIE dodawaj żadnych wstępów ani wyjaśnień przed ani po JSONie.\n4. JSON musi być poprawny i gotowy do parsowania.\n\n", "ai_response_raw": "{\n \"is_valid\": false,\n \"issue\": \"fabricated_entity\"\n}" }, { "timestamp": "2025-12-30T15:58:31.067Z", "source_url": "https://www.congress.gov/118/bills/s4667/BILLS-118s4667rs.xml", "model": "gemini-flash-latest", "prompt_sent": "\nJesteś ekspertem od prawa Stanów Zjednoczonych, który ma za zadanie analizować dokumenty ustaw, uchwał oraz innych dokumentów legislacyjnych, a następnie przygotowywać z nich informacje w przystępny sposób dla obywateli. Twoim celem jest przedstawienie informacji tak, aby obywatele mogli sami ocenić wpływ legislacji na ich życie, nawet bez posiadania specjalistycznej wiedzy legislacyjnej. Skup się na faktach i konsekwencjach wprowadzanych zmian, unikając wartościowania i osobistych opinii. Wszelki żargon prawny jest zabroniony. Prezentuj informacje w jasny, zwięzły i angażujący sposób, tak aby były zrozumiałe dla osoby bez wykształcenia prawniczego. Unikaj długich, złożonych zdań. Zamiast pisać \"projekt ma na celu nowelizację kodeksu podatkowego...\", napisz \"Zmiany w podatkach: nowe ulgi i obowiązki dla...\". Kontynuuj swoją pracę, dopóki nie rozwiążesz swojego zadania. Jeśli nie masz pewności co do generowanej treści, przeanalizuj dokument ponownie – nie zgaduj. Rozplanuj dobrze swoje zadanie przed przystąpieniem do niego. W podsumowaniu i kluczowych punktach, jeśli to możliwe i uzasadnione, podkreśl, jakie konkretne korzyści lub konsekwencje (pozytywne lub negatywne) wprowadza ustawa dla życia codziennego obywateli, ich praw i obowiązków, finansów osobistych, bezpieczeństwa i innych ważnych kwestii.\n\nTwoja odpowiedź MUSI być w formacie JSON - i zawierać następujące klucze.\nZanim zwrócisz odpowiedź, dokładnie zweryfikuj, czy cała struktura JSON jest w 100% poprawna, włącznie ze wszystkimi przecinkami, nawiasami klamrowymi, kwadratowymi oraz cudzysłowami. Błędny JSON jest nieakceptowalny i uniemożliwi przetworzenie Twojej pracy.\n\nPrzeanalizuj dokładnie poniższy tekst dokumentu prawnego. To jest treść, na podstawie której masz wygenerować podsumowanie i kluczowe punkty:\n--- POCZĄTEK DOKUMENTU ---\n118 S4667 RS: Risky Research Review Act U.S. Senate 2024-12-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IICalendar No. 667118th CONGRESS2d SessionS. 4667[Report No. 118–264]IN THE SENATE OF THE UNITED STATESJuly 10, 2024Mr. Paul (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsDecember 5, 2024Reported by Mr. Peters, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend title 31, United States Code, to establish the Life Sciences Research Security Board, and for other purposes.1.Short titleThis Act may be cited as the Risky Research Review Act.2.Life Sciences Research Security Board(a)In generalSubtitle V of title 31, United States Code, is amended by adding at the end the following: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..(b)Clerical amendmentThe table of sections for subtitle V of title 31, United States Code, is amended by adding at the end the following:Chapter 79—Life Sciences Research Security Board 7901. Definitions. 7902. Establishment and membership. 7903. Board personnel. 7904. Board mission and functions. 7905. Agency procedures; referral to Board. 7906. Board review. 7907. Funding..(c)Financial disclosure reports of Board membersSection 13103(f) of title 5, United States Code, is amended—(1)in paragraph (11), by striking and at the end;(2)in paragraph (12), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(13)a member of the Life Sciences Research Security Board established under section 7902 of title 31..1.Short titleThis Act may be cited as the Risky Research Review Act.2.Life Sciences Research Security Board(a)In generalSubtitle V of title 31, United States Code, is amended by adding at the end the following:79Life Sciences Research Security Board7901. Definitions. 7902. Establishment and membership. 7903. Board personnel. 7904. Board mission and functions. 7905. Agency procedures; referral to Board. 7906. Board review. 7907. GAO Audits. 7908. Funding. 7901.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 use research of concernThe term dual use research of concern—(A)means life sciences research that, based on current understanding, can be reasonably anticipated to provide knowledge, information, products, or technologies that could—(i)be misapplied to do harm with no modification or only a minor modification; and(ii)pose a significant threat with potential consequences to public health and safety, agricultural crops and other plants, animals, materiel, or national security; and(B)includes—(i)life sciences research that could—(I)increase transmissibility of a pathogen within or between host species;(II)increase the virulence of a pathogen or convey virulence to a non-pathogen;(III)increase the toxicity of a known toxin or produce a novel toxin;(IV)increase—(aa)the stability of a pathogen or toxin in the environment; or(bb)the ability to disseminate a pathogen or toxin;(V)alter the host range or tropism of a pathogen or toxin;(VI)decrease the ability for a human or veterinary pathogen or toxin to be detected using standard diagnostic or analytical methods;(VII)increase resistance of a pathogen or toxin to clinical or veterinary prophylactic or therapeutic interventions;(VIII)alter a human or veterinary pathogen or toxin to disrupt the effectiveness of pre-existing immunity, via immunization or natural infection, against the pathogen or toxin;(IX)enhance the susceptibility of a host population to a pathogen or toxin;(X)enhance transmissibility of a pathogen in humans;(XI)enhance the virulence of a pathogen in humans;(XII)enhance the immune evasion of a pathogen in humans, such as by modifying the pathogen to disrupt the effectiveness of pre-existing immunity via immunization or natural infection; or(XIII)generate, use, reconstitute, or transfer an eradicated or extinct high-consequence pathogen; and(ii)any other category of life sciences research that the Board, by majority vote of the members of the Board, identifies and publishes in the Federal Register. (5)EmployeeThe term employee means an individual described in section 2105(a) of title 5.(6)Federal fundingThe term Federal funding means amounts awarded by an agency pursuant to an intramural or extramural grant, cooperative agreement, interagency agreement, contract, or other instrument.(7)Gain of function researchThe term gain of function research means a research experiment that may enhance the transmissibility or virulence of a high-consequence pathogen.(8)High-consequence pathogenThe term high-consequence pathogen—(A)means a wild-type or synthetic pathogen that—(i)(I)is likely capable of wide and uncontrollable spread in human populations; and(II)would likely cause moderate to severe disease or mortality in humans; or(ii)is—(I)subject to subparagraph (B), influenza A virus;(II)classified under subgenus Sarbecovirus;(III)classified under subgenus Merbecovirus;(IV)Variola orthopoxvirus;(V)Mpox orthopoxvirus; (VI)Nipah henipavirus;(VII)Hendra henipavirus;(VIII)Ebola orthoebolavirus;(IX)Marburg marburgvirus(X)Lassa mammarenavirus;(XI)Junin arenavirus;(XII)Crimean-Congo hemorrhagic fever orthonairovirus;(XIII)Hantaan orthohantavirus;(XIV)Sin Nombre orthohantavirus;(XV)Yersinia pestis;(XVI)a select agent or toxin, work with which poses a significant risk of deliberate misuse;(XVII)any other pathogen or category of pathogen that a majority of members of the Board—(aa)identifies as a high-consequence pathogen; and(bb)publishes in the Federal Register; or(XVIII)any synthetic construct of a pathogen or category of pathogen described in this clause; and(B)does not include a seasonal influenza virus, unless a seasonal influenza virus has been manipulated to include genetic sequences from a pathogen described in subparagraph (A). (9)High-risk life sciences researchThe term high-risk life sciences research means life sciences research that is—(A)dual use research of concern involving a high-consequence pathogen; or(B)gain of function research.(10)Life sciences researchThe term life sciences research—(A)means the study or use of a living organism, a virus, or a product of a living organism or virus; and(B)includes each discipline, methodology, and application of biology, including biotechnology, genomics, proteomics, bioinformatics, and pharmaceutical and biomedical research and techniques.(11)Select agent or toxinThe term select agent or toxin means a select 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 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;(C)2 nongovernmental national security experts; and(D)1 nongovernmental biosafety expert.(2)Period for nominationsThe President shall make appointments, other than the Executive Director, to the Board not later than 30 days after the date of enactment of this chapter.(3)Considerations of recommendationsThe President shall make appointments to the Board after considering individuals recommended by the chair and ranking member of the appropriate congressional committees.(4)QualificationsIndividuals appointed 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 high-risk life sciences research to public health and national security; and(B)may not be an employee 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 an employee, a subcontractor, a previous employee, 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 Executive Director of 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 member 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 Board, in consultation with the Director of the Office of Government Ethics, shall—(A)not later than 180 days after the date of the enactment of this chapter—(i)establish criteria to determine whether there is a conflict of interest with respect to any individual appointed to the Board, taking into consideration requirements under Federal law relating to ethics requirements for employees; and(ii)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 the individual does not have any conflict of interest under the criteria established pursuant to clause (i); 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 under the criteria established pursuant to subparagraph (A)(i) 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 under the criteria established pursuant to paragraph (1)(A)(i), the Director of the Office of Government Ethics shall notify the chair and ranking member 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 under the criteria established pursuant to paragraph (1)(A)(i), the member of the Board or the Executive Director of the Board shall notify the chair and ranking member 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 chapter 51 and subchapter III of chapter 53 of title 5 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 member 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 space(1)In generalIn 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.(2)Secure office space(A)RequestsIn order to review or discuss classified information, the Board shall request an accommodation from relevant agencies to access sensitive compartmented information facilities on an as-needed basis.(B)FulfilmentThe head of an agency from which the Board requests an accommodation under subparagraph (A) shall accommodate the request in a timely manner.7903.Board personnel(a)Executive director(1)AppointmentNot later than 45 days after the date of enactment of this chapter, the President shall appoint, by and with the advice and consent of the Senate, 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; or(ii)a participant in high-risk life sciences research supported by Federal funding. (3)Security clearances(A)In generalA candidate for Executive Director 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)Qualification prior to appointmentThe President shall ensure that a candidate for Executive Director of the Board qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. (4)FunctionsThe Executive Director of the Board 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 of the Board shall not serve more than 2 terms.(b)Staff(1)In generalWithout regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service, the Board may appoint not more than 25 additional personnel 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 the Board determines that an individual hired on a conditional basis under clause (i) is not eligible 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 of an agency 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 of the Board 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 1 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 high-risk 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 high-risk 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; and(5)through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter.(c)Initial requirementsThe Board shall—(1)not later than 180 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 270 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.(f)Select agent or toxin updates(1)In generalNot later than 15 days after the date on which the Board receives a notification that a select agent or toxin has been added to a list of agent or toxins under a regulation described in paragraph (2), the Board shall—(A)review the select agent or toxin;(B)by majority vote of members of the Board, determine whether the select agent or toxin should be added into the definition of select agent or toxin under section 7901; and(C)publish any addition determined under subparagraph (B) in the Federal Register.(2)Regulations describedA regulation described in this paragraph is—(A)section 73.3(b) of title 42, Code of Federal Regulations, or any successor regulation;(B)section 331.3(b) of title 7, Code of Federal Regulations, or any successor regulation; and(C)section 121.3(b) of title 9, Code of Federal Regulations, or any successor regulation.(g)Final determination authorityIn any dispute with an agency or entity relating to the classification of life sciences research under this chapter, the Board shall retain final and ultimate authority in—(1)determining whether the life sciences research is high-risk life sciences research, dual use research of concern involving a high-consequence pathogen or gain of function research;(2)interpreting definitions in section 7901; and(3)determining whether a proposed Federal award for life sciences research is subject to the review process of the Board under section 7906(a)(1).7905.Agency procedures; referral to Board(a)In general(1)ProhibitionThe head of an agency may not award Federal funding for—(A)high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); or(B)life sciences research if the Board, in accordance with section 7906(a)(2)(A)(ii), submits notification to the agency under section 7906(a)(2)(B)(i) that Board is reviewing the Federal funding for life sciences research under section 7906(a) until the date on which the Board makes a final determination with respect to the proposed Federal funding.(2)Effective dateParagraph (1) shall take effect on the date that is 180 days after the date of enactment of this chapter.(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) for each application for Federal funding in accordance with chapter 31 of title 44; 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.(2)ContentsThe notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b).(3)Board requests(A)In generalThe Board may request additional information from the head of an agency relating to a notification submitted under paragraph (1).(B)Provision of informationThe head of an agency from which the Board request additional information under subparagraph (A) shall provide the information in a timely manner.(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 high-risk life science research proposals are referred to the Board before the award of Federal funding by the agency;(B)no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and(C)not later than 30 days before the date on which the head of the agency plans to award the Federal funding, the agency notifies the Board of the proposal for Federal funding; 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)not later than 24 hours after the identification of the change in circumstance, pause the life sciences research in progress; and(B)not later than 5 days after the date of the identification of the change in circumstance, submit to the head of the agency a written notification through an electronic or nonelectronic communication method that—(i)notifies the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and(ii)includes a detailed description of each change in circumstance that may transform the life sciences research in progress into 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 knowingly fails to make a true attestation under subsection (b)(1) or promptly notify the agency of a change in circumstance in accordance with subsection (f)(1), the head of the agency shall refer the entity to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.(2)Referral to inspector generalThe Board shall refer any employee of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that knowingly fails to comply with subsection (b)(3) to the inspector general of the agency.(3)Employee discipline(A)In generalThe head of an agency employing an employee who knowingly 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 in accordance with chapter 75 of title 5 or an equivalent procedure of the agency; and(ii)permanent revocation of any applicable security clearance held by the employee.(B)Contractor penaltyIn the case of contractor working under a contract with an agency who knowingly violates subsection (b)(1), the head of the agency shall refer the contractor to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.(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 publish on a publicly accessible and searchable website the amount of violations that have been committed under clause (i).(h)Subaward and subcontractor disclosure(1)In generalDuring the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall—(A)continuously disclose to the head of the agency any subcontracts or subawards made or planned to be made with the Federal funding; and(B)obtain consent from the head of the agency before awarding a subcontract or award described in subparagraph (A).(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 high-risk 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—(i)the agency;(ii)the entity performing the high-risk life sciences research; and(iii)any subcontractor or 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 the Board receives 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 high-risk life sciences 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 high-risk life sciences research in progress; and(C)by a majority vote, determine with respect to the high-risk life sciences research funded by the proposed Federal funding or Federal funding for high-risk life sciences 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)Proposed life sciences research(A)In generalWith respect to proposed Federal funding by an agency for life sciences research, the Board may—(i)review the proposed Federal funding; and(ii)determine whether the Board should review the proposed Federal funding in accordance with paragraph (1).(B)NotificationIf the Board makes a positive determination under subparagraph (A)(ii) with respect to proposed Federal funding by an agency—(i)the Board shall notify the head of the agency; and(ii)the head of the agency may not award the proposed Federal funding until the date on which the Board makes a final determination with respect to the proposed Federal funding under paragraph (1).(3)Past fundingWith respect to life sciences research performed with Federal funding awarded by an agency before the date of enactment of this chapter, the Board may review and audit the research in order to assess the compliance of the agency with the provisions of this chapter.(4)Ongoing funding for life sciences researchWith respect to Federal funding for life sciences research in progress awarded by an agency before the date of enactment of this Act that the Board determines may constitute high-risk life sciences research, the Board may—(A)direct the agency to temporarily suspend the Federal funding;(B)require the agency to provide complete information on the Federal funding in order for the Board to complete a review of the life sciences research under paragraph (1); and(C)by a majority vote of members of the Board, determine whether the agency may continue the Federal funding.(b)Considerations(1)In generalIn making a determination under subsection (a)(1)(B), the Board shall consider, with respect to the high-risk life sciences research that will be conducted with the proposed Federal funding or high-risk life sciences 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 at least in part in a foreign country; (G)the reasonably anticipated material risks of the research;(H)the reasonably anticipated information risks of the research;(I)the reasonably anticipated benefits of the research;(J)whether the reasonably anticipated benefits of the research outweigh the reasonably anticipated risks; and(K)whether the benefits of the research 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 subsection (a)(1)(B).(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) with respect to Federal funding by an agency, the Executive Director of the Board shall notify the head of the agency of the determination.(2)Board consultation(A)In generalNot later than 10 days after receiving a notification from the Board under paragraph (1), the head of an agency may request a meeting with the Board to discuss the determination of the Board.(B)Board responseThe Board shall schedule a meeting requested by the head of an agency under subparagraph (A) in a timely manner.(3)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)Request for expedited review(1)DefinitionIn this subsection, the term emergency research means high-risk life sciences research submitted to the Board that relates to a public health emergency or addresses a specific national security concern.(2)Request; notificationThe head of an agency seeking expedited review from the Board to award Federal funding for emergency research shall—(A)include a request for expedited review in the notification required under section 7905(c); and(B)on the date of the notification described in subparagraph (A), submit to the Board and the appropriate congressional committees a notification that explains why the specific public health emergency or national security concern necessitates expedited review under this subsection.(3)Internal processThe Board shall establish an internal process under which the Board will give proposed emergency research expedited review under this section.(4)Temporary emergency researchIf the Board does not notify the head of an agency with a determination under subsection (a)(1)(B) with respect to proposed emergency research by the 15 days after the date on which the head of the agency submits a request under paragraph (2)(A), the head of the agency may award Federal funding for the emergency research on a temporary basis.(e)Scientific expert panels(1)In generalThe Board may establish a scientific panel of nongovernmental 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, qualifications, and any identified or perceived conflicts of interest 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)Report(1)In generalNot 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 a report, which shall include a classified annex, summarizing, with respect to each determination by the Board under this section relating to high-risk life sciences research—(A)the findings of the Board;(B)the determination of the Board;(C)the name and location of the entity proposing the life sciences research;(D)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(E)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.(2)Public reportOn the date on which the Board submits a report required under paragraph (1), the Board shall make the report, other than the classified annex included in the report, available on a website.(g)Effective dateThis section shall take effect on the date that is 270 days after the date of enactment of this chapter.7907.GAO AuditsThe Comptroller General of the United States shall periodically audit the Board.7908.FundingThere 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)Clerical amendmentThe table of chapters for subtitle V of title 31, United States Code, is amended by adding at the end the following:79. Life Sciences Research Security Board7901.(c)Financial disclosure reports of Board membersSection 13103(f) of title 5, United States Code, is amended—(1)in paragraph (11), by striking and at the end;(2)in paragraph (12), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(13)a member of the Life Sciences Research Security Board established under section 7902 of title 31..December 5, 2024Reported with an amendment\n--- KONIEC DOKUMENTU ---\n\nPAMIĘTAJ: Twoja odpowiedź MUSI być wyłącznie poprawnym obiektem JSON. Nie dodawaj żadnych dodatkowych znaków, komentarzy ani tekstu przed znacznikiem '{' ani po znaczniku '}'. Cała odpowiedź musi być parsowalna jako JSON.\nNa podstawie POWYŻSZEGO dokumentu, wypełnij poniższą strukturę JSON:\nOto struktura JSON, której oczekuję (wypełnij ją treścią):\n{\n \"pl_ai_title\": \"Nowy, krótki tytuł dla aktu prawnego po polsku, oddający sedno wprowadzanych zmian (np. maksymalnie 10-12 słów).\",\n \"pl_summary\": \"2-3 zdania zwięzłego podsumowania treści aktu prawnego po polsku, napisane z perspektywy wpływu na życie codzienne obywateli.\",\n \"pl_key_points\": [\n \"Pierwszy krótki punkt po polsku dotyczący najważniejszych wprowadzanych rozwiązań lub zmian.\",\n \"Drugi krótki punkt po polsku...\"\n ],\n \"eng_ai_title\": \"A new, short title for the legal act in English, capturing the essence of the changes (e.g., max 10-12 words).\",\n \"eng_summary\": \"2-3 sentences summarizing the legal act in English, from the perspective of its impact on citizens' daily lives.\",\n \"eng_key_points\": [\n \"First short bullet point in English regarding the most important solutions or changes being introduced.\",\n \"Second short bullet point in English...\"\n ],\n \"de_ai_title\": \"Ein neuer, kurzer Titel für das Rechtsdokument auf Deutsch, der den Kern der Änderungen erfasst (z.B. max. 10-12 Wörter).\",\n \"de_summary\": \"2-3 Sätze Zusammenfassung des Rechtsdokuments auf Deutsch, aus der Perspektive seiner Auswirkungen auf das tägliche Leben der Bürger.\",\n \"de_key_points\": [\n \"Erster kurzer Stichpunkt auf Deutsch zu den wichtigsten eingeführten Lösungen oder Änderungen.\",\n \"Zweiter kurzer Stichpunkt auf Deutsch...\"\n ],\n \"fr_ai_title\": \"Un nouveau titre court pour l'acte juridique en français, saisissant l'essence des changements (par exemple, 10-12 mots maximum).\",\n \"fr_summary\": \"Résumé de 2-3 phrases de l'acte juridique en français, du point de vue de son impact sur la vie quotidienne des citoyens.\",\n \"fr_key_points\": [\n \"Premier court point en français concernant les solutions ou changements les plus importants introduits.\",\n \"Deuxième court point en français...\"\n ],\n \"es_ai_title\": \"Un nuevo título breve para el acto jurídico en español, que recoja la esencia de los cambios (por ejemplo, máximo 10-12 palabras).\",\n \"es_summary\": \"Resumen de 2-3 frases del acto jurídico en español, desde la perspectiva de su impacto en la vida cotidiana de los ciudadanos.\",\n \"es_key_points\": [\n \"Primer punto breve en español sobre las soluciones o cambios más importantes que se introducen.\",\n \"Segundo punto breve en español...\"\n ],\n \"it_ai_title\": \"Un nuovo titolo breve per l'atto giuridico in italiano, che colga l'essenza delle modifiche (ad es. massimo 10-12 parole).\",\n \"it_summary\": \"Riepilogo di 2-3 frasi dell'atto giuridico in italiano, dal punto di vista del suo impatto sulla vita quotidiana dei cittadini.\",\n \"it_key_points\": [\n \"Primo breve punto in italiano riguardante le soluzioni o le modifiche più importanti introdotte.\",\n \"Secondo breve punto in italiano...\"\n ],\n \"nl_ai_title\": \"Een nieuwe, korte titel voor de rechtshandeling in het Nederlands, die de essentie van de wijzigingen weergeeft (bijv. max. 10-12 woorden).\",\n \"nl_summary\": \"Samenvatting van 2-3 zinnen van de rechtshandeling in het Nederlands, vanuit het perspectief van de impact op het dagelijks leven van burgers.\",\n \"nl_key_points\": [\n \"Eerste korte punt in het Nederlands betreffende de belangrijkste geïntroduceerde oplossingen of wijzigingen.\",\n \"Tweede korte punt in het Nederlands...\"\n ],\n \"pt_ai_title\": \"Um novo título curto para o ato jurídico em português, capturando a essência das mudanças (por exemplo, máx. 10-12 palavras).\",\n \"pt_summary\": \"Resumo de 2-3 frases do ato jurídico em português, na perspetiva do seu impacto na vida quotidiana dos cidadãos.\",\n \"pt_key_points\": [\n \"Primeiro ponto curto em português sobre as soluções ou alterações mais importantes introduzidas.\",\n \"Segundo ponto curto em português...\"\n ],\n \"category\": [\"Categorize the document into one category by default, based on the field it primarily concerns. Choose up to 3 if the document also touches upon SIGNIFICANT issues from other categories. You MUST select categories ONLY from the following list: Health, Education, Family, Taxes, Labor, Security, Environment, Courts and Law, Transport, Benefits, Real Estate, Media and Culture, Local Government, Migration, Agriculture, Public Investments, Informatization, Economy. If the document does not definitively fit any of these, you MUST use \"Other\". If you use \"Other\", it should be the ONLY category selected. Do NOT invent new categories. The response must be an array of strings, e.g., [\"Taxes\", \"Family\"].\"]\n}\n\n", "ai_response_raw": "{\n \"pl_ai_title\": \"Nowa Rada Kontroli Badań Biologicznych Wysokiego Ryzyka i Bezpieczeństwa Publicznego\",\n \"pl_summary\": \"Ustawa powołuje Niezależną Radę ds. Bezpieczeństwa Badań Nauk Przyrodniczych, której zadaniem jest zatwierdzanie lub odrzucanie federalnego finansowania dla badań wysokiego ryzyka. Ma to na celu ochronę zdrowia publicznego i bezpieczeństwa narodowego poprzez zapobieganie finansowaniu z pieniędzy podatników eksperymentów, które mogłyby prowadzić do stworzenia niebezpiecznych patogenów lub być wykorzystane w złych celach. Naukowcy i urzędnicy, którzy świadomie naruszą te zasady, ryzykują surowe kary, w tym trwałą utratę finansowania i stanowiska.\",\n \"pl_key_points\": [\n \"Powołanie Rady, która będzie niezależnie zatwierdzać lub odrzucać finansowanie federalne dla ryzykownych badań biologicznych, w tym tych, które zwiększają zakaźność lub zjadliwość patogenów (badania typu \\\"gain of function\\\").\",\n \"Wnioskodawcy muszą pod przysięgą zaświadczyć, czy ich projekt stanowi badanie wysokiego ryzyka; agencje federalne muszą weryfikować te oświadczenia.\",\n \"Za świadome naruszenia zasad (np. fałszywe oświadczenia) grożą surowe kary, w tym stała dyskwalifikacja z otrzymywania funduszy federalnych dla instytucji oraz zwolnienie i utrata poświadczeń bezpieczeństwa dla urzędników.\"\n ],\n \"eng_ai_title\": \"New Board to Review and Control Federal Funding for High-Risk Life Sciences Research\",\n \"eng_summary\": \"This law establishes the Life Sciences Research Security Board, an independent agency tasked with reviewing and approving all federal funding for high-risk life sciences research. Its purpose is to protect public health and national security by preventing taxpayer money from funding studies that could accidentally or intentionally create dangerous pathogens or be misused for harm. Researchers and agencies face severe penalties, including permanent funding bans and job loss, for non-compliance or false reporting regarding risky experiments.\",\n \"eng_key_points\": [\n \"Creates the Life Sciences Research Security Board to independently approve or deny federal funding for high-risk biological research.\",\n \"\\\"High-risk research\\\" includes studies that could enhance the virulence or transmissibility of dangerous pathogens (gain of function) or have potential dual use for harm.\",\n \"Severe penalties, including permanent funding disqualification and revocation of security clearances, apply to researchers and agency officials who knowingly violate the rules.\"\n ],\n \"de_ai_title\": \"Neue Behörde zur Kontrolle der Finanzierung Risikoreicher Biowissenschaftlicher Forschung\",\n \"de_summary\": \"Dieses Gesetz schafft den Ausschuss für die Sicherheit der Biowissenschaftlichen Forschung, eine unabhängige Stelle, die alle Bundesmittel für risikoreiche Forschung überprüfen und genehmigen muss. Ziel ist es, die öffentliche Gesundheit und die nationale Sicherheit zu schützen, indem verhindert wird, dass Steuergelder Studien finanzieren, die versehentlich oder absichtlich gefährliche Krankheitserreger erzeugen oder missbraucht werden könnten. Forscher und Behördenmitarbeiter, die wissentlich gegen die Regeln verstoßen, riskieren strenge Strafen, einschließlich dauerhaftem Entzug der Finanzierung und Verlust der Sicherheitsfreigaben.\",\n \"de_key_points\": [\n \"Gründung des Ausschusses zur unabhängigen Genehmigung oder Ablehnung von Bundesmitteln für riskante biologische Forschung, insbesondere Studien zur Steigerung der Virulenz von Krankheitserregern.\",\n \"Antragsteller müssen unter Eid bestätigen, ob ihr vorgeschlagenes Projekt risikoreiche Forschung darstellt, wobei die Bundesbehörden diese Angaben zertifizieren müssen.\",\n \"Bei wissentlichen Verstößen drohen harte Strafen, wie der dauerhafte Ausschluss von Bundesmitteln für Forschungseinrichtungen und die Entlassung von Regierungsmitarbeitern.\"\n ],\n \"fr_ai_title\": \"Nouvelle Autorité pour Contrôler le Financement de la Recherche Biologique à Haut Risque\",\n \"fr_summary\": \"Cette loi établit le Conseil de Sécurité de la Recherche en Sciences de la Vie, une agence indépendante chargée d'examiner et d'approuver tous les financements fédéraux pour la recherche à haut risque. L'objectif est de protéger la santé publique et la sécurité nationale en s'assurant que l'argent des contribuables ne finance pas des études susceptibles de créer des agents pathogènes dangereux ou d'être détournées à des fins malveillantes. Les chercheurs et les agences s'exposent à des sanctions sévères, y compris l'interdiction permanente de financement, en cas de non-conformité ou de fausse déclaration.\",\n \"fr_key_points\": [\n \"Création du Conseil de Sécurité de la Recherche en Sciences de la Vie pour approuver ou refuser de manière indépendante le financement fédéral de la recherche biologique risquée.\",\n \"La \\\"recherche à haut risque\\\" inclut les études qui pourraient augmenter la virulence ou la transmissibilité d'agents pathogènes dangereux (gain de fonction) ou avoir un potentiel de double usage.\",\n \"Des sanctions sévères, telles que la disqualification permanente du financement et la révocation des habilitations de sécurité, s'appliquent en cas de violation délibérée.\"\n ],\n \"es_ai_title\": \"Nueva Junta para Controlar la Financiación de Investigación Biológica Federal de Alto Riesgo\",\n \"es_summary\": \"Esta ley establece la Junta de Seguridad de la Investigación en Ciencias de la Vida, una agencia independiente encargada de revisar y aprobar toda la financiación federal para la investigación de alto riesgo. Su objetivo es proteger la salud pública y la seguridad nacional, asegurando que el dinero de los contribuyentes no financie estudios que puedan crear patógenos peligrosos o ser mal utilizados. Los investigadores y las agencias se enfrentan a sanciones severas, incluida la descalificación permanente de fondos y la pérdida de autorizaciones de seguridad, por incumplimiento o informes falsos.\",\n \"es_key_points\": [\n \"Se crea la Junta de Seguridad de la Investigación en Ciencias de la Vida para aprobar o denegar de forma independiente la financiación federal para investigaciones biológicas arriesgadas.\",\n \"La \\\"investigación de alto riesgo\\\" incluye estudios que podrían aumentar la virulencia o transmisibilidad de patógenos peligrosos (ganancia de función) o tener potencial de doble uso.\",\n \"Se aplicarán sanciones severas, como la descalificación permanente de la financiación y la revocación de las autorizaciones de seguridad, por violaciones intencionales.\"\n ],\n \"it_ai_title\": \"Nuova Commissione per Controllare i Finanziamenti alla Ricerca Biologica Federale ad Alto Rischio\",\n \"it_summary\": \"Questa legge istituisce il Consiglio di Sicurezza della Ricerca in Scienze della Vita, un'agenzia indipendente incaricata di esaminare e approvare tutti i finanziamenti federali per la ricerca ad alto rischio. L'obiettivo è proteggere la salute pubblica e la sicurezza nazionale impedendo che il denaro dei contribuenti finanzi studi che potrebbero creare agenti patogeni pericolosi o essere utilizzati in modo improprio. Ricercatori e agenzie che violano consapevolmente le regole rischiano sanzioni severe, inclusa la squalifica permanente dai finanziamenti e la revoca delle autorizzazioni di sicurezza.\",\n \"it_key_points\": [\n \"Istituzione del Consiglio di Sicurezza della Ricerca in Scienze della Vita per approvare o negare in modo indipendente i finanziamenti federali per la ricerca biologica rischiosa.\",\n \"La \\\"ricerca ad alto rischio\\\" include studi che potrebbero aumentare la virulenza o la trasmissibilità di agenti patogeni pericolosi (gain of function) o avere un potenziale duplice uso.\",\n \"Sanzioni severe, come la squalifica permanente dai finanziamenti e la revoca delle autorizzazioni di sicurezza, si applicano per violazioni intenzionali.\"\n ],\n \"nl_ai_title\": \"Nieuwe Raad voor Toezicht op Federale Financiering van Risicovol Biologisch Onderzoek\",\n \"nl_summary\": \"Deze wet richt de Raad voor de Veiligheid van Levenswetenschappelijk Onderzoek op, een onafhankelijk orgaan dat alle federale financiering voor risicovol onderzoek moet beoordelen en goedkeuren. Het doel is de volksgezondheid en nationale veiligheid te beschermen door te voorkomen dat belastinggeld wordt gebruikt voor studies die gevaarlijke ziekteverwekkers kunnen creëren of misbruikt kunnen worden. Onderzoekers en overheidsinstanties riskeren strenge straffen, waaronder permanente uitsluiting van financiering en verlies van veiligheidsmachtigingen, bij niet-naleving of valse verklaringen.\",\n \"nl_key_points\": [\n \"Oprichting van de Raad voor de Veiligheid van Levenswetenschappelijk Onderzoek om onafhankelijk federale financiering voor risicovol biologisch onderzoek goed te keuren of af te wijzen.\",\n \"\\\"Risicovol onderzoek\\\" omvat studies die de virulentie of overdraagbaarheid van gevaarlijke pathogenen kunnen vergroten (gain of function) of potentieel dubbel gebruik hebben.\",\n \"Strenge sancties, zoals permanente diskwalificatie van financiering en intrekking van veiligheidsmachtigingen, gelden voor opzettelijke overtredingen.\"\n ],\n \"pt_ai_title\": \"Novo Conselho para Controlar o Financiamento de Pesquisas Biológicas Federais de Alto Risco\",\n \"pt_summary\": \"Esta lei estabelece o Conselho de Segurança da Pesquisa em Ciências da Vida, uma agência independente encarregada de revisar e aprovar todo o financiamento federal para pesquisas de alto risco. O objetivo é proteger a saúde pública e a segurança nacional, garantindo que o dinheiro dos contribuintes não financie estudos que possam criar patógenos perigosos ou ser mal utilizados. Pesquisadores e agências enfrentam penalidades severas, incluindo desqualificação permanente de fundos e revogação de autorizações de segurança, por não conformidade ou declarações falsas.\",\n \"pt_key_points\": [\n \"Criação do Conselho de Segurança da Pesquisa em Ciências da Vida para aprovar ou negar de forma independente o financiamento federal para pesquisas biológicas arriscadas.\",\n \"A \\\"pesquisa de alto risco\\\" inclui estudos que podem aumentar a virulência ou transmissibilidade de patógenos perigosos (ganho de função) ou ter potencial de duplo uso.\",\n \"Sanções severas, como desqualificação permanente de financiamento e revogação de autorizações de segurança, aplicam-se a violações intencionais.\"\n ],\n \"category\": [\n \"Security\",\n \"Health\"\n ]\n}" }, { "timestamp": "2025-12-26T20:34:28.164Z", "source_url": "https://www.congress.gov/118/bills/s4667/BILLS-118s4667rs.xml", "model": "gemini-flash-lite-latest", "prompt_sent": "\nROLE: Fact Checker.\nZADANIE: Porównaj SOURCE (oryginał) i SUMMARY (streszczenie przygotowane przez inne AI).\n\nTwoim celem jest wykrycie \"ZMYŚLONYCH KONKRETÓW\" (Fabricated Entities) w SUMMARY.\n\nSOURCE:\n118 S4667 RS: Risky Research Review Act U.S. Senate 2024-12-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IICalendar No. 667118th CONGRESS2d SessionS. 4667[Report No. 118–264]IN THE SENATE OF THE UNITED STATESJuly 10, 2024Mr. Paul (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsDecember 5, 2024Reported by Mr. Peters, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend title 31, United States Code, to establish the Life Sciences Research Security Board, and for other purposes.1.Short titleThis Act may be cited as the Risky Research Review Act.2.Life Sciences Research Security Board(a)In generalSubtitle V of title 31, United States Code, is amended by adding at the end the following: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..(b)Clerical amendmentThe table of sections for subtitle V of title 31, United States Code, is amended by adding at the end the following:Chapter 79—Life Sciences Research Security Board 7901. Definitions. 7902. Establishment and membership. 7903. Board personnel. 7904. Board mission and functions. 7905. Agency procedures; referral to Board. 7906. Board review. 7907. Funding..(c)Financial disclosure reports of Board membersSection 13103(f) of title 5, United States Code, is amended—(1)in paragraph (11), by striking and at the end;(2)in paragraph (12), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(13)a member of the Life Sciences Research Security Board established under section 7902 of title 31..1.Short titleThis Act may be cited as the Risky Research Review Act.2.Life Sciences Research Security Board(a)In generalSubtitle V of title 31, United States Code, is amended by adding at the end the following:79Life Sciences Research Security Board7901. Definitions. 7902. Establishment and membership. 7903. Board personnel. 7904. Board mission and functions. 7905. Agency procedures; referral to Board. 7906. Board review. 7907. GAO Audits. 7908. Funding. 7901.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 use research of concernThe term dual use research of concern—(A)means life sciences research that, based on current understanding, can be reasonably anticipated to provide knowledge, information, products, or technologies that could—(i)be misapplied to do harm with no modification or only a minor modification; and(ii)pose a significant threat with potential consequences to public health and safety, agricultural crops and other plants, animals, materiel, or national security; and(B)includes—(i)life sciences research that could—(I)increase transmissibility of a pathogen within or between host species;(II)increase the virulence of a pathogen or convey virulence to a non-pathogen;(III)increase the toxicity of a known toxin or produce a novel toxin;(IV)increase—(aa)the stability of a pathogen or toxin in the environment; or(bb)the ability to disseminate a pathogen or toxin;(V)alter the host range or tropism of a pathogen or toxin;(VI)decrease the ability for a human or veterinary pathogen or toxin to be detected using standard diagnostic or analytical methods;(VII)increase resistance of a pathogen or toxin to clinical or veterinary prophylactic or therapeutic interventions;(VIII)alter a human or veterinary pathogen or toxin to disrupt the effectiveness of pre-existing immunity, via immunization or natural infection, against the pathogen or toxin;(IX)enhance the susceptibility of a host population to a pathogen or toxin;(X)enhance transmissibility of a pathogen in humans;(XI)enhance the virulence of a pathogen in humans;(XII)enhance the immune evasion of a pathogen in humans, such as by modifying the pathogen to disrupt the effectiveness of pre-existing immunity via immunization or natural infection; or(XIII)generate, use, reconstitute, or transfer an eradicated or extinct high-consequence pathogen; and(ii)any other category of life sciences research that the Board, by majority vote of the members of the Board, identifies and publishes in the Federal Register. (5)EmployeeThe term employee means an individual described in section 2105(a) of title 5.(6)Federal fundingThe term Federal funding means amounts awarded by an agency pursuant to an intramural or extramural grant, cooperative agreement, interagency agreement, contract, or other instrument.(7)Gain of function researchThe term gain of function research means a research experiment that may enhance the transmissibility or virulence of a high-consequence pathogen.(8)High-consequence pathogenThe term high-consequence pathogen—(A)means a wild-type or synthetic pathogen that—(i)(I)is likely capable of wide and uncontrollable spread in human populations; and(II)would likely cause moderate to severe disease or mortality in humans; or(ii)is—(I)subject to subparagraph (B), influenza A virus;(II)classified under subgenus Sarbecovirus;(III)classified under subgenus Merbecovirus;(IV)Variola orthopoxvirus;(V)Mpox orthopoxvirus; (VI)Nipah henipavirus;(VII)Hendra henipavirus;(VIII)Ebola orthoebolavirus;(IX)Marburg marburgvirus(X)Lassa mammarenavirus;(XI)Junin arenavirus;(XII)Crimean-Congo hemorrhagic fever orthonairovirus;(XIII)Hantaan orthohantavirus;(XIV)Sin Nombre orthohantavirus;(XV)Yersinia pestis;(XVI)a select agent or toxin, work with which poses a significant risk of deliberate misuse;(XVII)any other pathogen or category of pathogen that a majority of members of the Board—(aa)identifies as a high-consequence pathogen; and(bb)publishes in the Federal Register; or(XVIII)any synthetic construct of a pathogen or category of pathogen described in this clause; and(B)does not include a seasonal influenza virus, unless a seasonal influenza virus has been manipulated to include genetic sequences from a pathogen described in subparagraph (A). (9)High-risk life sciences researchThe term high-risk life sciences research means life sciences research that is—(A)dual use research of concern involving a high-consequence pathogen; or(B)gain of function research.(10)Life sciences researchThe term life sciences research—(A)means the study or use of a living organism, a virus, or a product of a living organism or virus; and(B)includes each discipline, methodology, and application of biology, including biotechnology, genomics, proteomics, bioinformatics, and pharmaceutical and biomedical research and techniques.(11)Select agent or toxinThe term select agent or toxin means a select 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 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;(C)2 nongovernmental national security experts; and(D)1 nongovernmental biosafety expert.(2)Period for nominationsThe President shall make appointments, other than the Executive Director, to the Board not later than 30 days after the date of enactment of this chapter.(3)Considerations of recommendationsThe President shall make appointments to the Board after considering individuals recommended by the chair and ranking member of the appropriate congressional committees.(4)QualificationsIndividuals appointed 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 high-risk life sciences research to public health and national security; and(B)may not be an employee 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 an employee, a subcontractor, a previous employee, 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 Executive Director of 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 member 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 Board, in consultation with the Director of the Office of Government Ethics, shall—(A)not later than 180 days after the date of the enactment of this chapter—(i)establish criteria to determine whether there is a conflict of interest with respect to any individual appointed to the Board, taking into consideration requirements under Federal law relating to ethics requirements for employees; and(ii)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 the individual does not have any conflict of interest under the criteria established pursuant to clause (i); 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 under the criteria established pursuant to subparagraph (A)(i) 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 under the criteria established pursuant to paragraph (1)(A)(i), the Director of the Office of Government Ethics shall notify the chair and ranking member 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 under the criteria established pursuant to paragraph (1)(A)(i), the member of the Board or the Executive Director of the Board shall notify the chair and ranking member 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 chapter 51 and subchapter III of chapter 53 of title 5 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 member 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 space(1)In generalIn 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.(2)Secure office space(A)RequestsIn order to review or discuss classified information, the Board shall request an accommodation from relevant agencies to access sensitive compartmented information facilities on an as-needed basis.(B)FulfilmentThe head of an agency from which the Board requests an accommodation under subparagraph (A) shall accommodate the request in a timely manner.7903.Board personnel(a)Executive director(1)AppointmentNot later than 45 days after the date of enactment of this chapter, the President shall appoint, by and with the advice and consent of the Senate, 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; or(ii)a participant in high-risk life sciences research supported by Federal funding. (3)Security clearances(A)In generalA candidate for Executive Director 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)Qualification prior to appointmentThe President shall ensure that a candidate for Executive Director of the Board qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. (4)FunctionsThe Executive Director of the Board 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 of the Board shall not serve more than 2 terms.(b)Staff(1)In generalWithout regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service, the Board may appoint not more than 25 additional personnel 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 the Board determines that an individual hired on a conditional basis under clause (i) is not eligible 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 of an agency 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 of the Board 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 1 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 high-risk 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 high-risk 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; and(5)through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter.(c)Initial requirementsThe Board shall—(1)not later than 180 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 270 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.(f)Select agent or toxin updates(1)In generalNot later than 15 days after the date on which the Board receives a notification that a select agent or toxin has been added to a list of agent or toxins under a regulation described in paragraph (2), the Board shall—(A)review the select agent or toxin;(B)by majority vote of members of the Board, determine whether the select agent or toxin should be added into the definition of select agent or toxin under section 7901; and(C)publish any addition determined under subparagraph (B) in the Federal Register.(2)Regulations describedA regulation described in this paragraph is—(A)section 73.3(b) of title 42, Code of Federal Regulations, or any successor regulation;(B)section 331.3(b) of title 7, Code of Federal Regulations, or any successor regulation; and(C)section 121.3(b) of title 9, Code of Federal Regulations, or any successor regulation.(g)Final determination authorityIn any dispute with an agency or entity relating to the classification of life sciences research under this chapter, the Board shall retain final and ultimate authority in—(1)determining whether the life sciences research is high-risk life sciences research, dual use research of concern involving a high-consequence pathogen or gain of function research;(2)interpreting definitions in section 7901; and(3)determining whether a proposed Federal award for life sciences research is subject to the review process of the Board under section 7906(a)(1).7905.Agency procedures; referral to Board(a)In general(1)ProhibitionThe head of an agency may not award Federal funding for—(A)high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); or(B)life sciences research if the Board, in accordance with section 7906(a)(2)(A)(ii), submits notification to the agency under section 7906(a)(2)(B)(i) that Board is reviewing the Federal funding for life sciences research under section 7906(a) until the date on which the Board makes a final determination with respect to the proposed Federal funding.(2)Effective dateParagraph (1) shall take effect on the date that is 180 days after the date of enactment of this chapter.(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) for each application for Federal funding in accordance with chapter 31 of title 44; 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.(2)ContentsThe notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b).(3)Board requests(A)In generalThe Board may request additional information from the head of an agency relating to a notification submitted under paragraph (1).(B)Provision of informationThe head of an agency from which the Board request additional information under subparagraph (A) shall provide the information in a timely manner.(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 high-risk life science research proposals are referred to the Board before the award of Federal funding by the agency;(B)no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and(C)not later than 30 days before the date on which the head of the agency plans to award the Federal funding, the agency notifies the Board of the proposal for Federal funding; 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)not later than 24 hours after the identification of the change in circumstance, pause the life sciences research in progress; and(B)not later than 5 days after the date of the identification of the change in circumstance, submit to the head of the agency a written notification through an electronic or nonelectronic communication method that—(i)notifies the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and(ii)includes a detailed description of each change in circumstance that may transform the life sciences research in progress into 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 knowingly fails to make a true attestation under subsection (b)(1) or promptly notify the agency of a change in circumstance in accordance with subsection (f)(1), the head of the agency shall refer the entity to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.(2)Referral to inspector generalThe Board shall refer any employee of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that knowingly fails to comply with subsection (b)(3) to the inspector general of the agency.(3)Employee discipline(A)In generalThe head of an agency employing an employee who knowingly 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 in accordance with chapter 75 of title 5 or an equivalent procedure of the agency; and(ii)permanent revocation of any applicable security clearance held by the employee.(B)Contractor penaltyIn the case of contractor working under a contract with an agency who knowingly violates subsection (b)(1), the head of the agency shall refer the contractor to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.(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 publish on a publicly accessible and searchable website the amount of violations that have been committed under clause (i).(h)Subaward and subcontractor disclosure(1)In generalDuring the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall—(A)continuously disclose to the head of the agency any subcontracts or subawards made or planned to be made with the Federal funding; and(B)obtain consent from the head of the agency before awarding a subcontract or award described in subparagraph (A).(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 high-risk 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—(i)the agency;(ii)the entity performing the high-risk life sciences research; and(iii)any subcontractor or 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 the Board receives 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 high-risk life sciences 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 high-risk life sciences research in progress; and(C)by a majority vote, determine with respect to the high-risk life sciences research funded by the proposed Federal funding or Federal funding for high-risk life sciences 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)Proposed life sciences research(A)In generalWith respect to proposed Federal funding by an agency for life sciences research, the Board may—(i)review the proposed Federal funding; and(ii)determine whether the Board should review the proposed Federal funding in accordance with paragraph (1).(B)NotificationIf the Board makes a positive determination under subparagraph (A)(ii) with respect to proposed Federal funding by an agency—(i)the Board shall notify the head of the agency; and(ii)the head of the agency may not award the proposed Federal funding until the date on which the Board makes a final determination with respect to the proposed Federal funding under paragraph (1).(3)Past fundingWith respect to life sciences research performed with Federal funding awarded by an agency before the date of enactment of this chapter, the Board may review and audit the research in order to assess the compliance of the agency with the provisions of this chapter.(4)Ongoing funding for life sciences researchWith respect to Federal funding for life sciences research in progress awarded by an agency before the date of enactment of this Act that the Board determines may constitute high-risk life sciences research, the Board may—(A)direct the agency to temporarily suspend the Federal funding;(B)require the agency to provide complete information on the Federal funding in order for the Board to complete a review of the life sciences research under paragraph (1); and(C)by a majority vote of members of the Board, determine whether the agency may continue the Federal funding.(b)Considerations(1)In generalIn making a determination under subsection (a)(1)(B), the Board shall consider, with respect to the high-risk life sciences research that will be conducted with the proposed Federal funding or high-risk life sciences 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 at least in part in a foreign country; (G)the reasonably anticipated material risks of the research;(H)the reasonably anticipated information risks of the research;(I)the reasonably anticipated benefits of the research;(J)whether the reasonably anticipated benefits of the research outweigh the reasonably anticipated risks; and(K)whether the benefits of the research 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 subsection (a)(1)(B).(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) with respect to Federal funding by an agency, the Executive Director of the Board shall notify the head of the agency of the determination.(2)Board consultation(A)In generalNot later than 10 days after receiving a notification from the Board under paragraph (1), the head of an agency may request a meeting with the Board to discuss the determination of the Board.(B)Board responseThe Board shall schedule a meeting requested by the head of an agency under subparagraph (A) in a timely manner.(3)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)Request for expedited review(1)DefinitionIn this subsection, the term emergency research means high-risk life sciences research submitted to the Board that relates to a public health emergency or addresses a specific national security concern.(2)Request; notificationThe head of an agency seeking expedited review from the Board to award Federal funding for emergency research shall—(A)include a request for expedited review in the notification required under section 7905(c); and(B)on the date of the notification described in subparagraph (A), submit to the Board and the appropriate congressional committees a notification that explains why the specific public health emergency or national security concern necessitates expedited review under this subsection.(3)Internal processThe Board shall establish an internal process under which the Board will give proposed emergency research expedited review under this section.(4)Temporary emergency researchIf the Board does not notify the head of an agency with a determination under subsection (a)(1)(B) with respect to proposed emergency research by the 15 days after the date on which the head of the agency submits a request under paragraph (2)(A), the head of the agency may award Federal funding for the emergency research on a temporary basis.(e)Scientific expert panels(1)In generalThe Board may establish a scientific panel of nongovernmental 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, qualifications, and any identified or perceived conflicts of interest 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)Report(1)In generalNot 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 a report, which shall include a classified annex, summarizing, with respect to each determination by the Board under this section relating to high-risk life sciences research—(A)the findings of the Board;(B)the determination of the Board;(C)the name and location of the entity proposing the life sciences research;(D)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(E)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.(2)Public reportOn the date on which the Board submits a report required under paragraph (1), the Board shall make the report, other than the classified annex included in the report, available on a website.(g)Effective dateThis section shall take effect on the date that is 270 days after the date of enactment of this chapter.7907.GAO AuditsThe Comptroller General of the United States shall periodically audit the Board.7908.FundingThere 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)Clerical amendmentThe table of chapters for subtitle V of title 31, United States Code, is amended by adding at the end the following:79. Life Sciences Research Security Board7901.(c)Financial disclosure reports of Board membersSection 13103(f) of title 5, United States Code, is amended—(1)in paragraph (11), by striking and at the end;(2)in paragraph (12), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(13)a member of the Life Sciences Research Security Board established under section 7902 of title 31..December 5, 2024Reported with an amendment\n\nSUMMARY TO EVALUATE:\nTitle: Risky Research Review Act: Mandatory Federal Oversight of High-Risk Life Sciences\nSummary: This Act establishes the independent Life Sciences Research Security Board to mandate review and approval of federal funding for high-risk biological research, including studies that could enhance pathogen virulence or transmissibility. The goal is to safeguard public health and national security by preventing the misuse or accidental release of dangerous biological knowledge and materials. Citizens benefit from increased governmental scrutiny over potentially catastrophic scientific experiments.\nKey Points: Creation of an independent Board to approve or deny federal funding for high-risk life sciences research, such as studies involving high-consequence pathogens., Imposition of severe penalties, including permanent funding disqualification and employee removal, for researchers and agencies who knowingly fail to disclose high-risk activities., The Board will set minimum required biosafety, biosecurity, and personnel assurance controls for all approved risky projects, enhancing public safety.\n\nZASADY OCENY:\n1. Sprawdź wszystkie LICZBY, DATY i KWOTY w SUMMARY. Jeśli którejś brakuje w SOURCE -> is_valid: false.\n2. Sprawdź wszystkie NAZWISKA, ORGANIZACJE i MIEJSCA w SUMMARY. Jeśli którejś brakuje w SOURCE -> is_valid: false.\n3. Sprawdź wszystkie konkretne DZIAŁANIA PRAWNE . Jeśli tego mechanizmu nie ma w SOURCE -> is_valid: false.\n\nWAŻNE: Abstrakcyjne pojęcia (np. \"transparentność\", \"zaufanie\") są dozwolone jako wnioski.\n\nOUTPUT (JSON):\n{\n \"is_valid\": true/false,\n \"issue\": \"fabricated_entity\" / \"contradiction\" / \"none\"\n}\n\nWYMAGANIA FORMATOWANIA:\n1. Odpowiedz WYŁĄCZNIE surowym obiektem JSON.\n2. NIE używaj bloków kodu Markdown.\n3. NIE dodawaj żadnych wstępów ani wyjaśnień przed ani po JSONie.\n4. JSON musi być poprawny i gotowy do parsowania.\n\n", "ai_response_raw": "{\n \"is_valid\": false,\n \"issue\": \"fabricated_entity\"\n}" }, { "timestamp": "2025-12-23T05:55:51.915Z", "source_url": "https://www.congress.gov/118/bills/s4667/BILLS-118s4667rs.xml", "model": "gemini-flash-latest", "prompt_sent": "\nJesteś ekspertem od prawa Stanów Zjednoczonych, który ma za zadanie analizować dokumenty ustaw, uchwał oraz innych dokumentów legislacyjnych, a następnie przygotowywać z nich informacje w przystępny sposób dla obywateli. Twoim celem jest przedstawienie informacji tak, aby obywatele mogli sami ocenić wpływ legislacji na ich życie, nawet bez posiadania specjalistycznej wiedzy legislacyjnej. Skup się na faktach i konsekwencjach wprowadzanych zmian, unikając wartościowania i osobistych opinii. Wszelki żargon prawny jest zabroniony. Prezentuj informacje w jasny, zwięzły i angażujący sposób, tak aby były zrozumiałe dla osoby bez wykształcenia prawniczego. Unikaj długich, złożonych zdań. Zamiast pisać \"projekt ma na celu nowelizację kodeksu podatkowego...\", napisz \"Zmiany w podatkach: nowe ulgi i obowiązki dla...\". Kontynuuj swoją pracę, dopóki nie rozwiążesz swojego zadania. Jeśli nie masz pewności co do generowanej treści, przeanalizuj dokument ponownie – nie zgaduj. Rozplanuj dobrze swoje zadanie przed przystąpieniem do niego. W podsumowaniu i kluczowych punktach, jeśli to możliwe i uzasadnione, podkreśl, jakie konkretne korzyści lub konsekwencje (pozytywne lub negatywne) wprowadza ustawa dla życia codziennego obywateli, ich praw i obowiązków, finansów osobistych, bezpieczeństwa i innych ważnych kwestii.\n\nTwoja odpowiedź MUSI być w formacie JSON - i zawierać następujące klucze.\nZanim zwrócisz odpowiedź, dokładnie zweryfikuj, czy cała struktura JSON jest w 100% poprawna, włącznie ze wszystkimi przecinkami, nawiasami klamrowymi, kwadratowymi oraz cudzysłowami. Błędny JSON jest nieakceptowalny i uniemożliwi przetworzenie Twojej pracy.\n\nPrzeanalizuj dokładnie poniższy tekst dokumentu prawnego. To jest treść, na podstawie której masz wygenerować podsumowanie i kluczowe punkty:\n--- POCZĄTEK DOKUMENTU ---\n118 S4667 RS: Risky Research Review Act U.S. Senate 2024-12-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IICalendar No. 667118th CONGRESS2d SessionS. 4667[Report No. 118–264]IN THE SENATE OF THE UNITED STATESJuly 10, 2024Mr. Paul (for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsDecember 5, 2024Reported by Mr. Peters, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend title 31, United States Code, to establish the Life Sciences Research Security Board, and for other purposes.1.Short titleThis Act may be cited as the Risky Research Review Act.2.Life Sciences Research Security Board(a)In generalSubtitle V of title 31, United States Code, is amended by adding at the end the following: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..(b)Clerical amendmentThe table of sections for subtitle V of title 31, United States Code, is amended by adding at the end the following:Chapter 79—Life Sciences Research Security Board 7901. Definitions. 7902. Establishment and membership. 7903. Board personnel. 7904. Board mission and functions. 7905. Agency procedures; referral to Board. 7906. Board review. 7907. Funding..(c)Financial disclosure reports of Board membersSection 13103(f) of title 5, United States Code, is amended—(1)in paragraph (11), by striking and at the end;(2)in paragraph (12), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(13)a member of the Life Sciences Research Security Board established under section 7902 of title 31..1.Short titleThis Act may be cited as the Risky Research Review Act.2.Life Sciences Research Security Board(a)In generalSubtitle V of title 31, United States Code, is amended by adding at the end the following:79Life Sciences Research Security Board7901. Definitions. 7902. Establishment and membership. 7903. Board personnel. 7904. Board mission and functions. 7905. Agency procedures; referral to Board. 7906. Board review. 7907. GAO Audits. 7908. Funding. 7901.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 use research of concernThe term dual use research of concern—(A)means life sciences research that, based on current understanding, can be reasonably anticipated to provide knowledge, information, products, or technologies that could—(i)be misapplied to do harm with no modification or only a minor modification; and(ii)pose a significant threat with potential consequences to public health and safety, agricultural crops and other plants, animals, materiel, or national security; and(B)includes—(i)life sciences research that could—(I)increase transmissibility of a pathogen within or between host species;(II)increase the virulence of a pathogen or convey virulence to a non-pathogen;(III)increase the toxicity of a known toxin or produce a novel toxin;(IV)increase—(aa)the stability of a pathogen or toxin in the environment; or(bb)the ability to disseminate a pathogen or toxin;(V)alter the host range or tropism of a pathogen or toxin;(VI)decrease the ability for a human or veterinary pathogen or toxin to be detected using standard diagnostic or analytical methods;(VII)increase resistance of a pathogen or toxin to clinical or veterinary prophylactic or therapeutic interventions;(VIII)alter a human or veterinary pathogen or toxin to disrupt the effectiveness of pre-existing immunity, via immunization or natural infection, against the pathogen or toxin;(IX)enhance the susceptibility of a host population to a pathogen or toxin;(X)enhance transmissibility of a pathogen in humans;(XI)enhance the virulence of a pathogen in humans;(XII)enhance the immune evasion of a pathogen in humans, such as by modifying the pathogen to disrupt the effectiveness of pre-existing immunity via immunization or natural infection; or(XIII)generate, use, reconstitute, or transfer an eradicated or extinct high-consequence pathogen; and(ii)any other category of life sciences research that the Board, by majority vote of the members of the Board, identifies and publishes in the Federal Register. (5)EmployeeThe term employee means an individual described in section 2105(a) of title 5.(6)Federal fundingThe term Federal funding means amounts awarded by an agency pursuant to an intramural or extramural grant, cooperative agreement, interagency agreement, contract, or other instrument.(7)Gain of function researchThe term gain of function research means a research experiment that may enhance the transmissibility or virulence of a high-consequence pathogen.(8)High-consequence pathogenThe term high-consequence pathogen—(A)means a wild-type or synthetic pathogen that—(i)(I)is likely capable of wide and uncontrollable spread in human populations; and(II)would likely cause moderate to severe disease or mortality in humans; or(ii)is—(I)subject to subparagraph (B), influenza A virus;(II)classified under subgenus Sarbecovirus;(III)classified under subgenus Merbecovirus;(IV)Variola orthopoxvirus;(V)Mpox orthopoxvirus; (VI)Nipah henipavirus;(VII)Hendra henipavirus;(VIII)Ebola orthoebolavirus;(IX)Marburg marburgvirus(X)Lassa mammarenavirus;(XI)Junin arenavirus;(XII)Crimean-Congo hemorrhagic fever orthonairovirus;(XIII)Hantaan orthohantavirus;(XIV)Sin Nombre orthohantavirus;(XV)Yersinia pestis;(XVI)a select agent or toxin, work with which poses a significant risk of deliberate misuse;(XVII)any other pathogen or category of pathogen that a majority of members of the Board—(aa)identifies as a high-consequence pathogen; and(bb)publishes in the Federal Register; or(XVIII)any synthetic construct of a pathogen or category of pathogen described in this clause; and(B)does not include a seasonal influenza virus, unless a seasonal influenza virus has been manipulated to include genetic sequences from a pathogen described in subparagraph (A). (9)High-risk life sciences researchThe term high-risk life sciences research means life sciences research that is—(A)dual use research of concern involving a high-consequence pathogen; or(B)gain of function research.(10)Life sciences researchThe term life sciences research—(A)means the study or use of a living organism, a virus, or a product of a living organism or virus; and(B)includes each discipline, methodology, and application of biology, including biotechnology, genomics, proteomics, bioinformatics, and pharmaceutical and biomedical research and techniques.(11)Select agent or toxinThe term select agent or toxin means a select 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 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;(C)2 nongovernmental national security experts; and(D)1 nongovernmental biosafety expert.(2)Period for nominationsThe President shall make appointments, other than the Executive Director, to the Board not later than 30 days after the date of enactment of this chapter.(3)Considerations of recommendationsThe President shall make appointments to the Board after considering individuals recommended by the chair and ranking member of the appropriate congressional committees.(4)QualificationsIndividuals appointed 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 high-risk life sciences research to public health and national security; and(B)may not be an employee 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 an employee, a subcontractor, a previous employee, 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 Executive Director of 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 member 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 Board, in consultation with the Director of the Office of Government Ethics, shall—(A)not later than 180 days after the date of the enactment of this chapter—(i)establish criteria to determine whether there is a conflict of interest with respect to any individual appointed to the Board, taking into consideration requirements under Federal law relating to ethics requirements for employees; and(ii)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 the individual does not have any conflict of interest under the criteria established pursuant to clause (i); 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 under the criteria established pursuant to subparagraph (A)(i) 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 under the criteria established pursuant to paragraph (1)(A)(i), the Director of the Office of Government Ethics shall notify the chair and ranking member 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 under the criteria established pursuant to paragraph (1)(A)(i), the member of the Board or the Executive Director of the Board shall notify the chair and ranking member 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 chapter 51 and subchapter III of chapter 53 of title 5 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 member 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 space(1)In generalIn 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.(2)Secure office space(A)RequestsIn order to review or discuss classified information, the Board shall request an accommodation from relevant agencies to access sensitive compartmented information facilities on an as-needed basis.(B)FulfilmentThe head of an agency from which the Board requests an accommodation under subparagraph (A) shall accommodate the request in a timely manner.7903.Board personnel(a)Executive director(1)AppointmentNot later than 45 days after the date of enactment of this chapter, the President shall appoint, by and with the advice and consent of the Senate, 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; or(ii)a participant in high-risk life sciences research supported by Federal funding. (3)Security clearances(A)In generalA candidate for Executive Director 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)Qualification prior to appointmentThe President shall ensure that a candidate for Executive Director of the Board qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. (4)FunctionsThe Executive Director of the Board 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 of the Board shall not serve more than 2 terms.(b)Staff(1)In generalWithout regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service, the Board may appoint not more than 25 additional personnel 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 the Board determines that an individual hired on a conditional basis under clause (i) is not eligible 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 of an agency 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 of the Board 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 1 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 high-risk 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 high-risk 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; and(5)through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter.(c)Initial requirementsThe Board shall—(1)not later than 180 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 270 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.(f)Select agent or toxin updates(1)In generalNot later than 15 days after the date on which the Board receives a notification that a select agent or toxin has been added to a list of agent or toxins under a regulation described in paragraph (2), the Board shall—(A)review the select agent or toxin;(B)by majority vote of members of the Board, determine whether the select agent or toxin should be added into the definition of select agent or toxin under section 7901; and(C)publish any addition determined under subparagraph (B) in the Federal Register.(2)Regulations describedA regulation described in this paragraph is—(A)section 73.3(b) of title 42, Code of Federal Regulations, or any successor regulation;(B)section 331.3(b) of title 7, Code of Federal Regulations, or any successor regulation; and(C)section 121.3(b) of title 9, Code of Federal Regulations, or any successor regulation.(g)Final determination authorityIn any dispute with an agency or entity relating to the classification of life sciences research under this chapter, the Board shall retain final and ultimate authority in—(1)determining whether the life sciences research is high-risk life sciences research, dual use research of concern involving a high-consequence pathogen or gain of function research;(2)interpreting definitions in section 7901; and(3)determining whether a proposed Federal award for life sciences research is subject to the review process of the Board under section 7906(a)(1).7905.Agency procedures; referral to Board(a)In general(1)ProhibitionThe head of an agency may not award Federal funding for—(A)high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); or(B)life sciences research if the Board, in accordance with section 7906(a)(2)(A)(ii), submits notification to the agency under section 7906(a)(2)(B)(i) that Board is reviewing the Federal funding for life sciences research under section 7906(a) until the date on which the Board makes a final determination with respect to the proposed Federal funding.(2)Effective dateParagraph (1) shall take effect on the date that is 180 days after the date of enactment of this chapter.(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) for each application for Federal funding in accordance with chapter 31 of title 44; 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.(2)ContentsThe notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b).(3)Board requests(A)In generalThe Board may request additional information from the head of an agency relating to a notification submitted under paragraph (1).(B)Provision of informationThe head of an agency from which the Board request additional information under subparagraph (A) shall provide the information in a timely manner.(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 high-risk life science research proposals are referred to the Board before the award of Federal funding by the agency;(B)no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and(C)not later than 30 days before the date on which the head of the agency plans to award the Federal funding, the agency notifies the Board of the proposal for Federal funding; 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)not later than 24 hours after the identification of the change in circumstance, pause the life sciences research in progress; and(B)not later than 5 days after the date of the identification of the change in circumstance, submit to the head of the agency a written notification through an electronic or nonelectronic communication method that—(i)notifies the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and(ii)includes a detailed description of each change in circumstance that may transform the life sciences research in progress into 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 knowingly fails to make a true attestation under subsection (b)(1) or promptly notify the agency of a change in circumstance in accordance with subsection (f)(1), the head of the agency shall refer the entity to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.(2)Referral to inspector generalThe Board shall refer any employee of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that knowingly fails to comply with subsection (b)(3) to the inspector general of the agency.(3)Employee discipline(A)In generalThe head of an agency employing an employee who knowingly 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 in accordance with chapter 75 of title 5 or an equivalent procedure of the agency; and(ii)permanent revocation of any applicable security clearance held by the employee.(B)Contractor penaltyIn the case of contractor working under a contract with an agency who knowingly violates subsection (b)(1), the head of the agency shall refer the contractor to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding.(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 publish on a publicly accessible and searchable website the amount of violations that have been committed under clause (i).(h)Subaward and subcontractor disclosure(1)In generalDuring the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall—(A)continuously disclose to the head of the agency any subcontracts or subawards made or planned to be made with the Federal funding; and(B)obtain consent from the head of the agency before awarding a subcontract or award described in subparagraph (A).(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 high-risk 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—(i)the agency;(ii)the entity performing the high-risk life sciences research; and(iii)any subcontractor or 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 the Board receives 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 high-risk life sciences 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 high-risk life sciences research in progress; and(C)by a majority vote, determine with respect to the high-risk life sciences research funded by the proposed Federal funding or Federal funding for high-risk life sciences 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)Proposed life sciences research(A)In generalWith respect to proposed Federal funding by an agency for life sciences research, the Board may—(i)review the proposed Federal funding; and(ii)determine whether the Board should review the proposed Federal funding in accordance with paragraph (1).(B)NotificationIf the Board makes a positive determination under subparagraph (A)(ii) with respect to proposed Federal funding by an agency—(i)the Board shall notify the head of the agency; and(ii)the head of the agency may not award the proposed Federal funding until the date on which the Board makes a final determination with respect to the proposed Federal funding under paragraph (1).(3)Past fundingWith respect to life sciences research performed with Federal funding awarded by an agency before the date of enactment of this chapter, the Board may review and audit the research in order to assess the compliance of the agency with the provisions of this chapter.(4)Ongoing funding for life sciences researchWith respect to Federal funding for life sciences research in progress awarded by an agency before the date of enactment of this Act that the Board determines may constitute high-risk life sciences research, the Board may—(A)direct the agency to temporarily suspend the Federal funding;(B)require the agency to provide complete information on the Federal funding in order for the Board to complete a review of the life sciences research under paragraph (1); and(C)by a majority vote of members of the Board, determine whether the agency may continue the Federal funding.(b)Considerations(1)In generalIn making a determination under subsection (a)(1)(B), the Board shall consider, with respect to the high-risk life sciences research that will be conducted with the proposed Federal funding or high-risk life sciences 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 at least in part in a foreign country; (G)the reasonably anticipated material risks of the research;(H)the reasonably anticipated information risks of the research;(I)the reasonably anticipated benefits of the research;(J)whether the reasonably anticipated benefits of the research outweigh the reasonably anticipated risks; and(K)whether the benefits of the research 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 subsection (a)(1)(B).(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) with respect to Federal funding by an agency, the Executive Director of the Board shall notify the head of the agency of the determination.(2)Board consultation(A)In generalNot later than 10 days after receiving a notification from the Board under paragraph (1), the head of an agency may request a meeting with the Board to discuss the determination of the Board.(B)Board responseThe Board shall schedule a meeting requested by the head of an agency under subparagraph (A) in a timely manner.(3)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)Request for expedited review(1)DefinitionIn this subsection, the term emergency research means high-risk life sciences research submitted to the Board that relates to a public health emergency or addresses a specific national security concern.(2)Request; notificationThe head of an agency seeking expedited review from the Board to award Federal funding for emergency research shall—(A)include a request for expedited review in the notification required under section 7905(c); and(B)on the date of the notification described in subparagraph (A), submit to the Board and the appropriate congressional committees a notification that explains why the specific public health emergency or national security concern necessitates expedited review under this subsection.(3)Internal processThe Board shall establish an internal process under which the Board will give proposed emergency research expedited review under this section.(4)Temporary emergency researchIf the Board does not notify the head of an agency with a determination under subsection (a)(1)(B) with respect to proposed emergency research by the 15 days after the date on which the head of the agency submits a request under paragraph (2)(A), the head of the agency may award Federal funding for the emergency research on a temporary basis.(e)Scientific expert panels(1)In generalThe Board may establish a scientific panel of nongovernmental 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, qualifications, and any identified or perceived conflicts of interest 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)Report(1)In generalNot 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 a report, which shall include a classified annex, summarizing, with respect to each determination by the Board under this section relating to high-risk life sciences research—(A)the findings of the Board;(B)the determination of the Board;(C)the name and location of the entity proposing the life sciences research;(D)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(E)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.(2)Public reportOn the date on which the Board submits a report required under paragraph (1), the Board shall make the report, other than the classified annex included in the report, available on a website.(g)Effective dateThis section shall take effect on the date that is 270 days after the date of enactment of this chapter.7907.GAO AuditsThe Comptroller General of the United States shall periodically audit the Board.7908.FundingThere 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)Clerical amendmentThe table of chapters for subtitle V of title 31, United States Code, is amended by adding at the end the following:79. Life Sciences Research Security Board7901.(c)Financial disclosure reports of Board membersSection 13103(f) of title 5, United States Code, is amended—(1)in paragraph (11), by striking and at the end;(2)in paragraph (12), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(13)a member of the Life Sciences Research Security Board established under section 7902 of title 31..December 5, 2024Reported with an amendment\n--- KONIEC DOKUMENTU ---\n\nPAMIĘTAJ: Twoja odpowiedź MUSI być wyłącznie poprawnym obiektem JSON. Nie dodawaj żadnych dodatkowych znaków, komentarzy ani tekstu przed znacznikiem '{' ani po znaczniku '}'. Cała odpowiedź musi być parsowalna jako JSON.\nNa podstawie POWYŻSZEGO dokumentu, wypełnij poniższą strukturę JSON:\nOto struktura JSON, której oczekuję (wypełnij ją treścią):\n{\n \"pl_ai_title\": \"Nowy, krótki tytuł dla aktu prawnego po polsku, oddający sedno wprowadzanych zmian (np. maksymalnie 10-12 słów).\",\n \"pl_summary\": \"2-3 zdania zwięzłego podsumowania treści aktu prawnego po polsku, napisane z perspektywy wpływu na życie codzienne obywateli.\",\n \"pl_key_points\": [\n \"Pierwszy krótki punkt po polsku dotyczący najważniejszych wprowadzanych rozwiązań lub zmian.\",\n \"Drugi krótki punkt po polsku...\"\n ],\n \"eng_ai_title\": \"A new, short title for the legal act in English, capturing the essence of the changes (e.g., max 10-12 words).\",\n \"eng_summary\": \"2-3 sentences summarizing the legal act in English, from the perspective of its impact on citizens' daily lives.\",\n \"eng_key_points\": [\n \"First short bullet point in English regarding the most important solutions or changes being introduced.\",\n \"Second short bullet point in English...\"\n ],\n \"de_ai_title\": \"Ein neuer, kurzer Titel für das Rechtsdokument auf Deutsch, der den Kern der Änderungen erfasst (z.B. max. 10-12 Wörter).\",\n \"de_summary\": \"2-3 Sätze Zusammenfassung des Rechtsdokuments auf Deutsch, aus der Perspektive seiner Auswirkungen auf das tägliche Leben der Bürger.\",\n \"de_key_points\": [\n \"Erster kurzer Stichpunkt auf Deutsch zu den wichtigsten eingeführten Lösungen oder Änderungen.\",\n \"Zweiter kurzer Stichpunkt auf Deutsch...\"\n ],\n \"fr_ai_title\": \"Un nouveau titre court pour l'acte juridique en français, saisissant l'essence des changements (par exemple, 10-12 mots maximum).\",\n \"fr_summary\": \"Résumé de 2-3 phrases de l'acte juridique en français, du point de vue de son impact sur la vie quotidienne des citoyens.\",\n \"fr_key_points\": [\n \"Premier court point en français concernant les solutions ou changements les plus importants introduits.\",\n \"Deuxième court point en français...\"\n ],\n \"es_ai_title\": \"Un nuevo título breve para el acto jurídico en español, que recoja la esencia de los cambios (por ejemplo, máximo 10-12 palabras).\",\n \"es_summary\": \"Resumen de 2-3 frases del acto jurídico en español, desde la perspectiva de su impacto en la vida cotidiana de los ciudadanos.\",\n \"es_key_points\": [\n \"Primer punto breve en español sobre las soluciones o cambios más importantes que se introducen.\",\n \"Segundo punto breve en español...\"\n ],\n \"it_ai_title\": \"Un nuovo titolo breve per l'atto giuridico in italiano, che colga l'essenza delle modifiche (ad es. massimo 10-12 parole).\",\n \"it_summary\": \"Riepilogo di 2-3 frasi dell'atto giuridico in italiano, dal punto di vista del suo impatto sulla vita quotidiana dei cittadini.\",\n \"it_key_points\": [\n \"Primo breve punto in italiano riguardante le soluzioni o le modifiche più importanti introdotte.\",\n \"Secondo breve punto in italiano...\"\n ],\n \"nl_ai_title\": \"Een nieuwe, korte titel voor de rechtshandeling in het Nederlands, die de essentie van de wijzigingen weergeeft (bijv. max. 10-12 woorden).\",\n \"nl_summary\": \"Samenvatting van 2-3 zinnen van de rechtshandeling in het Nederlands, vanuit het perspectief van de impact op het dagelijks leven van burgers.\",\n \"nl_key_points\": [\n \"Eerste korte punt in het Nederlands betreffende de belangrijkste geïntroduceerde oplossingen of wijzigingen.\",\n \"Tweede korte punt in het Nederlands...\"\n ],\n \"pt_ai_title\": \"Um novo título curto para o ato jurídico em português, capturando a essência das mudanças (por exemplo, máx. 10-12 palavras).\",\n \"pt_summary\": \"Resumo de 2-3 frases do ato jurídico em português, na perspetiva do seu impacto na vida quotidiana dos cidadãos.\",\n \"pt_key_points\": [\n \"Primeiro ponto curto em português sobre as soluções ou alterações mais importantes introduzidas.\",\n \"Segundo ponto curto em português...\"\n ],\n \"category\": [\"Categorize the document into one category by default, based on the field it primarily concerns. Choose up to 3 if the document also touches upon SIGNIFICANT issues from other categories. You MUST select categories ONLY from the following list: Health, Education, Family, Taxes, Labor, Security, Environment, Courts and Law, Transport, Benefits, Real Estate, Media and Culture, Local Government, Migration, Agriculture, Public Investments, Informatization, Economy. If the document does not definitively fit any of these, you MUST use \"Other\". If you use \"Other\", it should be the ONLY category selected. Do NOT invent new categories. The response must be an array of strings, e.g., [\"Taxes\", \"Family\"].\"]\n}\n\n", "ai_response_raw": "{\n \"pl_ai_title\": \"Kontrola Ryzykownego Badania Naukowego: Bezpieczeństwo Biologiczne i Narodowe\",\n \"pl_summary\": \"Ustawa tworzy niezależną Radę ds. Bezpieczeństwa Badań Nauk Przyrodniczych, której zadaniem jest obowiązkowe zatwierdzanie federalnego finansowania dla badań wysokiego ryzyka, takich jak te, które mogą zwiększyć zakaźność lub śmiertelność patogenów. Celem jest ochrona zdrowia publicznego i bezpieczeństwa narodowego poprzez zapobieganie niewłaściwemu wykorzystaniu niebezpiecznych badań biologicznych. Obywatele zyskują większą pewność, że rząd ściśle nadzoruje najbardziej niebezpieczne eksperymenty naukowe.\",\n \"pl_key_points\": [\n \"Powołanie niezależnej Rady, która musi zatwierdzać finansowanie badań biologicznych wysokiego ryzyka (np. modyfikujących wirusy pandemiczne), co ma bezpośredni wpływ na bezpieczeństwo publiczne.\",\n \"Wprowadzenie surowych kar, w tym stałej dyskwalifikacji z funduszy federalnych, dla naukowców i agencji, którzy ukryją lub nie zgłoszą, że ich badania są wysokiego ryzyka.\",\n \"Wzmocnienie bezpieczeństwa publicznego poprzez ustanowienie minimalnych wymogów bezpieczeństwa biologicznego i kontroli personelu dla zatwierdzonych ryzykownych projektów.\"\n ],\n \"eng_ai_title\": \"Risky Research Review Act: Mandatory Federal Oversight of High-Risk Life Sciences\",\n \"eng_summary\": \"This Act establishes the independent Life Sciences Research Security Board to mandate review and approval of federal funding for high-risk biological research, including studies that could enhance pathogen virulence or transmissibility. The goal is to safeguard public health and national security by preventing the misuse or accidental release of dangerous biological knowledge and materials. Citizens benefit from increased governmental scrutiny over potentially catastrophic scientific experiments.\",\n \"eng_key_points\": [\n \"Creation of an independent Board to approve or deny federal funding for high-risk life sciences research, such as studies involving high-consequence pathogens.\",\n \"Imposition of severe penalties, including permanent funding disqualification and employee removal, for researchers and agencies who knowingly fail to disclose high-risk activities.\",\n \"The Board will set minimum required biosafety, biosecurity, and personnel assurance controls for all approved risky projects, enhancing public safety.\"\n ],\n \"de_ai_title\": \"Überprüfung riskanter Forschung: Obligatorische Aufsicht über Biowissenschaften\",\n \"de_summary\": \"Dieses Gesetz richtet den unabhängigen Ausschuss für die Sicherheit der Biowissenschaftsforschung ein, um die staatliche Finanzierung von Hochrisiko-Forschung, die die Übertragbarkeit oder Virulenz von Krankheitserregern erhöhen könnte, obligatorisch zu überprüfen und zu genehmigen. Ziel ist es, die öffentliche Gesundheit und die nationale Sicherheit zu schützen, indem der Missbrauch oder die versehentliche Freisetzung gefährlicher biologischer Materialien verhindert wird. Dies erhöht die Sicherheit der Bürger durch strengere Kontrollen gefährlicher Forschung.\",\n \"de_key_points\": [\n \"Einrichtung eines unabhängigen Ausschusses, der die Finanzierung von Hochrisiko-Forschung in den Biowissenschaften (z. B. Studien mit hochgefährlichen Krankheitserregern) genehmigen oder ablehnen muss.\",\n \"Einführung strenger Strafen, einschließlich dauerhafter Disqualifikation von Bundesmitteln, für Forscher und Behörden, die wissentlich Hochrisiko-Aktivitäten verschweigen.\",\n \"Der Ausschuss legt Mindestanforderungen an Biosicherheit, Bioschutz und Personalsicherheitskontrollen für alle genehmigten Risikoprojekte fest.\"\n ],\n \"fr_ai_title\": \"Loi sur l'examen de la recherche risquée: Sécurité biologique et financement fédéral\",\n \"fr_summary\": \"Cette loi crée le Conseil de sécurité de la recherche en sciences de la vie, un organisme indépendant chargé d'examiner et d'approuver obligatoirement le financement fédéral des recherches biologiques à haut risque, y compris celles susceptibles d'augmenter la virulence des agents pathogènes. L'objectif est de protéger la santé publique et la sécurité nationale contre l'utilisation abusive ou la libération accidentelle de matériaux biologiques dangereux. Les citoyens bénéficient d'une surveillance accrue des expériences scientifiques potentiellement dangereuses.\",\n \"fr_key_points\": [\n \"Création d'un Conseil indépendant pour approuver ou refuser le financement fédéral des recherches en sciences de la vie à haut risque (par exemple, impliquant des agents pathogènes à haute conséquence).\",\n \"Mise en place de sanctions sévères, y compris la disqualification permanente du financement, pour les chercheurs et les agences qui ne divulguent pas sciemment les activités à haut risque.\",\n \"Le Conseil déterminera les niveaux minimaux de confinement de biosécurité et les contrôles de sécurité du personnel requis pour les projets risqués approuvés.\"\n ],\n \"es_ai_title\": \"Ley de Revisión de Investigación Riesgosa: Seguridad Biológica y Financiamiento Federal\",\n \"es_summary\": \"La Ley establece la Junta de Seguridad de la Investigación en Ciencias de la Vida, un organismo independiente que debe revisar y aprobar la financiación federal para la investigación biológica de alto riesgo, como los estudios que podrían aumentar la transmisibilidad de patógenos. Esto busca proteger la salud pública y la seguridad nacional al prevenir el mal uso o la liberación accidental de materiales biológicos peligrosos. Los ciudadanos obtienen una mayor protección contra los riesgos de la investigación científica peligrosa.\",\n \"es_key_points\": [\n \"Creación de una Junta independiente con autoridad vinculante para aprobar o denegar fondos federales para investigaciones de alto riesgo (por ejemplo, aquellas que involucren patógenos de alta consecuencia).\",\n \"Imposición de sanciones severas, incluida la descalificación permanente de fondos, para investigadores y empleados de agencias que oculten actividades de alto riesgo.\",\n \"La Junta establecerá los controles mínimos de bioseguridad, bioprotección y seguridad del personal requeridos para todos los proyectos riesgosos aprobados.\"\n ],\n \"it_ai_title\": \"Legge sulla Revisione della Ricerca a Rischio: Sicurezza Biologica e Finanziamenti\",\n \"it_summary\": \"La legge istituisce il Comitato per la Sicurezza della Ricerca nelle Scienze della Vita, un'agenzia indipendente con il compito di approvare obbligatoriamente i finanziamenti federali per la ricerca biologica ad alto rischio, come gli studi che potrebbero aumentare la virulenza dei patogeni. L'obiettivo è salvaguardare la salute pubblica e la sicurezza nazionale prevenendo l'uso improprio o il rilascio accidentale di materiali biologici pericolosi. Questo garantisce ai cittadini una maggiore supervisione sulla ricerca scientifica potenzialmente pericolosa.\",\n \"it_key_points\": [\n \"Istituzione di un Comitato indipendente che deve approvare o negare i finanziamenti federali per la ricerca nelle scienze della vita ad alto rischio (ad esempio, studi che coinvolgono agenti patogeni ad alta conseguenza).\",\n \"Introduzione di sanzioni severe, inclusa la squalifica permanente dai finanziamenti, per ricercatori e agenzie che non rivelano consapevolmente attività ad alto rischio.\",\n \"Il Comitato stabilirà i livelli minimi di contenimento di biosicurezza e i controlli di sicurezza del personale per tutti i progetti rischiosi approvati.\"\n ],\n \"nl_ai_title\": \"Wet op de Beoordeling van Risicovol Onderzoek: Federale Controle Biologische Veiligheid\",\n \"nl_summary\": \"Deze wet richt de onafhankelijke Raad voor de Veiligheid van Biowetenschappelijk Onderzoek op om federale financiering voor hoogrisico biologisch onderzoek, zoals studies die de overdraagbaarheid van ziekteverwekkers kunnen vergroten, verplicht te beoordelen en goed te keuren. Het doel is de volksgezondheid en nationale veiligheid te beschermen door misbruik of onbedoelde vrijlating van gevaarlijke biologische materialen te voorkomen. Dit biedt burgers meer zekerheid over de strenge controle op gevaarlijke wetenschappelijke experimenten.\",\n \"nl_key_points\": [\n \"Oprichting van een onafhankelijke Raad die de financiering van hoogrisico biowetenschappelijk onderzoek (bijvoorbeeld met hoogconsequente pathogenen) moet goedkeuren of weigeren.\",\n \"Invoering van strenge straffen, waaronder permanente uitsluiting van federale financiering, voor onderzoekers en instanties die opzettelijk risicovolle activiteiten verzwijgen.\",\n \"De Raad stelt minimale vereisten vast voor bioveiligheid, biobeveiliging en personeelscontroles voor alle goedgekeurde risicovolle projecten.\"\n ],\n \"pt_ai_title\": \"Lei de Revisão de Pesquisa de Risco: Supervisão Federal de Ciências da Vida\",\n \"pt_summary\": \"Esta Lei estabelece o Conselho de Segurança de Pesquisa em Ciências da Vida, um órgão independente para revisar e aprovar obrigatoriamente o financiamento federal para pesquisa biológica de alto risco, incluindo estudos que possam aumentar a virulência de patógenos. O objetivo é proteger a saúde pública e a segurança nacional, prevenindo o uso indevido ou a libertação acidental de materiais biológicos perigosos. Os cidadãos beneficiam de uma supervisão governamental mais rigorosa sobre a investigação científica perigosa.\",\n \"pt_key_points\": [\n \"Criação de um Conselho independente com autoridade vinculativa para aprovar ou negar financiamento federal para pesquisa de ciências da vida de alto risco (por exemplo, envolvendo patógenos de alta consequência).\",\n \"Imposição de penalidades severas, incluindo desqualificação permanente de financiamento, para pesquisadores e funcionários de agências que falhem intencionalmente em divulgar atividades de alto risco.\",\n \"O Conselho determinará os níveis mínimos de contenção de biossegurança e os controles de segurança de pessoal exigidos para todos os projetos de risco aprovados.\"\n ],\n \"category\": [\n \"Security\",\n \"Health\"\n ]\n}" } ] }