Prohibition on federally funded research relationships with certain foreign entities

(a)

Prohibition

No Federal funds awarded through a grant, contract, cooperative agreement, or any other form of Federal financial assistance or other awards issued under other transaction authority (in this section referred to as a federally funded research award) may be used by an individual or entity described in subsection (b) to enter into, support, or carry out any research collaboration with either— (1)an entity listed on a United States Government restricted entity list; or (2)an individual associated with such an entity. (b)

Individual or entity

An individual or entity described in this subsection is an individual or entity participating in, receiving, or performing work under a federally funded research award. (c)

Guidance

To carry out this section, the Director of the Office of Science and Technology Policy, in consultation with the heads of relevant Federal research agencies, shall issue government-wide implementation guidance to ensure standardized compliance requirements, definitions, and enforcement mechanisms. (d)

Waiver Authority

(1)

In general

The head of a Federal agency may waive the prohibition under subsection (a), on a case-by-case basis, if such head determines— (A)such waiver is necessary to advance the national security interests of the United States; or (B)the research collaboration under subsection (a) that is the subject of such waiver is essential for a clearly defined scientific, public health, or national security purpose that cannot reasonably be achieved without such collaboration. (2)

Report

Not later than 30 days after granting a waiver under paragraph (1), the head of the Federal agency who so granted such waiver shall submit to Congress a written notification that includes the following: (A) The identity of the individual or entity that is the subject of such waiver. (B)The justification for such waiver. (C)The mitigation measures implemented to protect the national security interests of the United States, if applicable. (e)

Definitions

In this section: (1)

Research collaboration

The term research collaboration means any activity conducted as part of a federally funded research award, including the following: (A)Joint research activities or projects. (B)Co-authorship of scholarly publications, technical reports, or research outputs. (C)Data sharing or processing, material transfer, or exchange of research results, including access to datasets, software, or research infrastructure. (D)Joint laboratories, research centers, or institutes. (E)Personnel exchanges, visiting scholar appointments, or joint supervision of students or researchers. (F)Any other arrangement determined by the head of the relevant Federal research funding agency to constitute research collaboration. (2)

National Laboratory

The term National Laboratory has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (3)

United States Government restricted entity lists

The term United States Government restricted entity list includes the following: (A)The Department of Commerce Bureau of Industry and Security Entity List (Supplement No. 4 to Part 744 of the Export Administration Regulations). (B)The Department of Commerce Bureau of Industry and Security Military End User List. (C)The Department of the Treasury Office of Foreign Assets Control Specially Designated Nationals List. (D)The Denied Persons List maintained by the Bureau of Industry and Security of the Department of Commerce and described in section 764.3(a)(2) of the Export Administration Regulations. (E)The Department of Defense Chinese Military Companies List maintained pursuant to section 1260H of the National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note). (F) The Debarred Parties List maintained by the Directorate of Defense Trade Controls of the Department of State. (G)The list of telecommunications companies of the People’s Republic of China designated under section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) as posing national security risks to the United States. (H)The list of institutions of higher education and other entities determined to be affiliated with, or supporting, the People’s Republic of China’s military-civil fusion strategy maintained pursuant to section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note). (I)The list of semiconductor companies of the People’s Republic of China and affiliates designated under section 5949 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 41 U.S.C. 4713 note) as posing national security risks to the United States. (J) The Annex to Executive Order (EO) 14032, Addressing the Threat from Securities Investments That Finance Certain Companies of the People’s Republic of China, dated June 3, 2021, or superseding Executive order. (K)The list maintained by the Federal Communications Commission of equipment and services covered by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601; commonly referred to as the FCC Covered List). (L)Any foreign entity included on the Department of Commerce Unverified List. (M)The Uyghur Forced Labor Prevention Act Entity List maintained by the Forced Labor Enforcement Task Force pursuant to section 2(d)(2)(B) of the Uyghur Forced Labor Prevention Act (Public Law 117–78). (N)The list of biotechnology company of concern pursuant to section 851 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60). (O)Any other entity list designated by the President, the Secretary of Commerce, the Secretary of the Treasury, or the Secretary of Defense as restricting or prohibiting transactions with foreign entities for national security, foreign policy, or human rights reasons.