Sec. 504. Disclosure of research assistance from foreign governments
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/bill/117/s/1245/is/section-504A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 45 of title 18, United States Code, is amended by inserting after section 951 the following: In this section— the terms agent of a foreign principal and foreign principal have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 ); the term covered research project has the meaning given the term in section 502 of the Combating Chinese Purloining of Trade Secrets Act ; and the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ).
It shall be unlawful for a person, while applying for or accepting a grant or other funding from an agency of the United States for a covered research project, to knowingly and willfully fail to disclose to the agency any grant or other funding that the person has received or will receive for the same project from a foreign principal or an agent of a foreign principal, including through an intermediary. Any person who violates subparagraph
(A)shall be fined under this title, imprisoned for not more than 3 years, or both. It shall be unlawful for a person, while applying for or accepting a grant or other funding from an agency of the United States for a covered research project, to knowingly and willfully fail to disclose to the agency a material fact relating to a connection between a foreign country and the project that might substantially impact the decision of the agency to provide funding to the project, including the fact that a person providing any assistance, including financial assistance, to the project is— a national of a foreign country; affiliated with an institution comparable to an institution of higher education of higher learning, or another organization, that is headquartered in or substantially funded by a foreign country; or engaging in research activities for the project in a foreign country. Any person who violates subparagraph
(A)shall be fined under this title, imprisoned for not more than 1 year, or both. Any institution of higher education that knowingly and willfully fails to disclose to the appropriate agency of the United States that an officer, agent, or employee of the institution of higher education violated this subsection shall be fined not more than $1,000,000 for each such violation. It shall be unlawful for any person, while applying for or accepting a grant or other funding from an agency of the United States for a covered research project, to knowingly transmit or attempt to transmit information gained in violation of a contract to which the person is a party, including a contract regarding nondisclosure of information, employment, or the provision of goods or services, intending or knowing that the transmission will benefit a foreign principal or an agent of a foreign principal. Any person who violates paragraph
(1)shall be fined under this title, imprisoned for not more than 10 years, or both. . The table of sections for chapter 45 of title 18, United States Code, is amended by inserting after the item relating to section 950 the following: 951A. Disclosure of research assistance from foreign governments. .
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