Portman, Tillis, Blackburn introduce legislation to protect U.S. intellectual property, research

U.S. Sens. Rob Portman (R-OH), Thom Tillis (R-NC), and Marsha Blackburn (R-TN) introduced bipartisan legislation to strengthen the security and integrity of the United States scientific and research enterprise.

“We cannot continue to allow our global competitors to steal taxpayer-funded research and innovation in order to benefit their military and economy,” Sen. Portman said.

Sen. Portman on June 18 sponsored the Safeguarding American Innovation Act, S. 3997, with 14 original cosponsors including Sens. Tillis, Blackburn, and U.S. Sen. Tom Carper (D-DE) to help stop foreign governments, particularly China, from stealing American research and intellectual property developed at U.S. colleges and universities.

Sen. Portman, as chairman of the U.S. Senate Permanent Subcommittee on Investigations (PSI), led a year-long investigation into the issue, which culminated in a February 2019 bipartisan staff report and subsequent November 2019 hearing detailing how American taxpayers have unwittingly funded the rise of China’s military and economy over the last two decades with little oversight from U.S. agencies, according to his office.

If enacted, S. 3997 would address those findings, which also highlighted the U.S. Department of Education’s lack of enforcement of foreign gift reporting at U.S. colleges and universities, according to the staff report.

“American innovation is one of our country’s greatest assets, especially in times of crisis such as this,” said Sen. Tillis. “China has been clear: If America can invent it, they will try to steal it.”

The legislation would punish individuals who intentionally fail to disclose foreign support on federal grant applications, with penalties ranging from fines and imprisonment for not more than five years or both and a five-year prohibition on receiving a federal grant, according to a bill summary provided by Sen. Tillis’ office.

Additionally, S. 3997 would strengthen the Student and Exchange Visitor Program by requiring the U.S. State Department’s exchange program sponsors to have safeguards against unauthorized access to sensitive technologies and report to the State Department if an exchange visitor will have access to sensitive technologies, while also bolstering the State Department’s authority to deny visas to certain foreign nationals seeking access to sensitive technologies, according to the summary.

The bill also would mandate a standardized U.S. government grant process by authorizing the U.S. Office of Management and Budget to work with federal grant-making agencies to standardize the grant application process; share information about grantees; and create a U.S. government-wide database of federal grantees, among other provisions.

“Securing the integrity of our nation’s research institutions is crucial for maintaining our national security,” said Rep. Blackburn. “We cannot allow China to continue exploiting our grant process. This legislation will ensure that the academic exchange of ideas is possible with partner nations, while inhibiting untrustworthy actors like China to participate and use what they learn against us.”

The bill has been referred for consideration to the U.S. Senate Homeland Security and Governmental Affairs Committee.