Prohibition on federally funded research relationships with certain foreign entities

(a)

Prohibition

No Federal funds awarded through 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—(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 described

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)the 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 the 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 granted the 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 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)

Federally funded research award

The term federally funded research award means a grant, contract, cooperative agreement, other Federal financial assistance (as defined in section 200.1 of title 2, Code of Federal Regulations), or other award issued under other transaction authority.(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)

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 or processing sharing, 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.(4)

United States Government restricted entity lists

The term United States Government restricted entity list includes the following:(A)Any of the following lists maintained by the Bureau of Industry and Security of the Department of Commerce:(i)The Entity List set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations.(ii)The Unverified List set forth in Supplement No. 6 to part 744 of that title.(iii)The Military End-User List set forth in Supplement No. 7 to part 744 of that title.(iv)The Denied Persons List maintained pursuant to section 764.3(a)(2) of that title.(B)The list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly referred to as the SDN list).(C)The list of Chinese military companies operating in the United States required by section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note).(D)The lists of debarred parties maintained by the Directorate of Defense Trade Controls of the Department of State pursuant to section 38(g)(4) of the Arms Export Control Act (22 U.S.C. 2778(g)(4)).(E)The list of telecommunications companies of the People’s Republic of China described in section 889(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 41 U.S.C. 3901 note prec.).(F)The list of academic institutions of the People's Republic of China maintained under section 1286(c)(9)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4001 note).(G)The list of semiconductor companies of the People’s Republic of China described in section 5949(j)(3) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 41 U.S.C. 4713 note).(H)The list of biotechnology companies of concern maintained under section 851(f) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 41 U.S.C. 3901 note prec.).(I)The list of entities that produce or provide communications equipment or service on the list published by the Federal Communications Commission under section 2(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(a)).(J)A list maintained under clause (i), (ii), (iv), or (v) of section 2(d)(2)(B) of the Act entitled An Act to ensure that goods made with forced labor in the Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes, approved December 23, 2021 (Public Law 117–78; 22 U.S.C. 6901 note), (commonly referred to as the Uyghur Forced Labor Prevention Act).(K)The Annex to Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), or a successor order.(L)Any other list of entities designated by the President, the Secretary of Commerce, the Secretary of the Treasury, or the Secretary of Defense and with which transactions are restricted or prohibited for national security, foreign policy, or human rights reasons.