Sec. 229. Disclosure of foreign funding sources in applications for Federal research awards
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Each Federal research agency shall require— any individual applying for funds from that agency as a principal investigator or co-principal investigator under a grant or cooperative agreement to disclose all current and pending support and the sources of such support at the time of the application for funds; and any institution of higher education applying for funds from that agency to certify that every principal investigator or co-principal investigator who is employed by the institution of higher education and is applying for such funds has been made aware of the requirement under paragraph (1).
The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 42 U.S.C. 6601 note) shall ensure that the requirements issued by Federal research agencies under subsection
(a)are consistent. In the event that an individual or entity violates the disclosure requirements under subsection (a), a Federal research agency may take one or more of the following actions against such individual or entity: Reject an application for a grant or cooperative agreement because the disclosed current and pending support violates agency terms and conditions. Reject an application for a grant or cooperative agreement because current and pending support have not been disclosed as required under subsection (a). Temporarily or permanently discontinue any or all funding from that agency for any principal investigator or co-principal investigator who has failed to properly disclose current and pending support pursuant to subsection (a). Temporarily or permanently suspend or debar a researcher, in accordance with part 180 of title 2, Code of Federal Regulations, from receiving funding from that agency when failure to disclose current and pending support pursuant to subsection
(a)as done knowingly and willfully. Refer a failure to disclose under subsection
(a)to Federal law enforcement authorities to determine whether any criminal statutes have been violated. A Federal research agency intending to take action under any of subparagraphs (A), (B), (C), or
(D)of paragraph
(1)shall notify the institution of higher education, principal investigator and any co-principal investigators subject to such action about the specific reason for the action, and shall provide the institution, principal investigator, and co-principal investigator, as applicable, with the opportunity and a process by which to contest the proposed action. A Federal research agency seeking suspension or debarment under paragraph (1)(D) shall abide by the procedures and evidentiary standards set forth in part 180 of title 2, Code of Federal Regulations. In this section: The term current and pending support means all resources made available to an individual in direct support of the individual’s research efforts, regardless of whether such resources have monetary value, and includes in-kind contributions requiring a commitment of time and directly supporting the individual’s research efforts, such as the provision of office or laboratory space, equipment, supplies, employees, and students. The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term Federal research agency includes the following and any organizations and elements thereof: The Department of Agriculture. The Department of Commerce. The Department of Defense. The Department of Education. The Department of Energy. The Department of Health and Human Services. The Department of Homeland Security. The Department of Transportation. The Environmental Protection Agency. The National Aeronautics and Space Administration. The National Science Foundation.
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Sec. 229
Disclosure of foreign funding sources in applications for Federal research awards
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