42 U.S.C. § 242v–2: Protecting America’s…

Summary

The Secretary must work with the President’s national security adviser, the Director of National Intelligence, the FBI Director, other agency leaders, and research institutions and experts to make biomedical research safer from national security threats. They must find ways to better protect patents and other private research information and sensitive data about research volunteers, spot gaps in current rules, and recommend fixes to universities and other groups that get federal research money. They must make plans to stop or reduce threats, including risks tied to foreign talent programs, flag misuse risks such as in peer review, build a system to spot emerging research areas at risk of foreign influence, and update recommendations regularly. Not later than 1 year after December 29, 2022, the Secretary must send a report that does not harm national security to the President and to the Senate Committee on Health, Education, Labor, and Pensions, the Senate Select Committee on Intelligence, the House Committee on Energy and Commerce, the House Permanent Select Committee on Intelligence, and other congressional committees as appropriate.

Title 42, §242v–2

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

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

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

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

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

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

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

(b)Report to President and to Congress

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

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act, also known as the PREVENT Pandemics Act, and also as part of the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022, and not as part of the Public Health Service Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition of “Secretary”“Secretary” means the Secretary of Health and Human Services, see section 242v(a)(1) of this title.

§242v–2 Protecting America’s Biomedical Research Enterprise

Summary

Title 42, §242v–2

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata