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Code · BILL · 119th Congress · H.R. 3838 (Engrossed in House) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 1737

Sec. 1737. Prohibition on certain federal awards

254 words·~1 min read·/bill/119/hr/3838/eh/section-1737·

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Except as provided in subsection (c), no research agency may provide a covered award to support research and development activities by a covered individual if the covered individual or the covered individual’s research collaborator(s) is affiliated with a hostile foreign entity— as of the date of application for the award; or at any time in the period of five years preceding the date of application for the award unless such affiliation was terminated on or before the date that is 90 days after the date of enactment of this Act.
Except as provided in subsection (c), none of the funds authorized to be appropriated or otherwise made available for any fiscal year for the Department of Defense may be provided to an institution of higher education that maintains a covered partnership with a hostile foreign entity. The head of a research agency, or an official designated by such agency head at or above the level of an Assistant Secretary (or the equivalent), may waive the prohibitions under subsections
(a)and
(b)on a case-by-case basis if the head of the agency or the designated official concerned determines that such waiver is in the national security interests of the United States. Not later than 30 days after the date on which an award is made by a research agency with respect to which a waiver is made under paragraph (1), the head of the agency or the designated official concerned shall submit to Congress notice of such waiver and a written justification for such waiver.
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