Sec. 1740. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this subtitle: The term affiliation means any affiliation, partnership, agreement, other research or teaching relationship (including guest or visiting professorships), or similar transaction. The term covered award means support provided to a covered individual affiliated with an institution of higher education by a research agency to carry out research and development activities within any science, technology, engineering, or mathematics field, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction.

The term does not include— a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a research agency; or an award made under the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as those terms are defined in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) )). The term covered individual has the meaning given that term in section 223(d) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 42 U.S.C. 6605 ), as interpreted in accordance with the guidance of the National Science and Technology Council titled Guidance for Implementing National Security Presidential Memorandum 33 (NSPM–33) on National Security Strategy for United States Government-Supported Research and Development , dated January 2022, or any successor guidance. The term covered partnership means an agreement between an institution of higher education and a hostile foreign entity that involves— the provision of educational services; collaboration related to scientific or technical research; any agreement related to the research, development, sale, licensing, or other arrangement involving university-developed, owned, or controlled research, venture, intellectual property (including any assignment or license of a granted patent, trademark, or copyright not listed in the Commerce Control List under Supplement No. 1 to part 774 of title 15, Code of Federal Regulations), or other asset; access to university assets, such as research, data, models, software, or facilities; or direct support or coordination by foreign adversary country-linked entities of student groups, language or cultural centers, or other on-campus entities (including Confucius Institutes and Chinese Student and Scholars Associations). The term covered research collaborator means a person located in or affiliated with an entity located in or organized under the laws of a foreign adversary country with whom the covered individual has, in the five years preceding the date of application for a covered award— conducted joint research; co-authored publications; collaborated on grants or other awards; or formally advised as a graduate student or post-doctoral fellow. The term foreign adversary country means a covered nation as defined in section 4872(f) of title 10, United States Code, and includes any special administrative region or territory under the control of such a nation. The term hostile foreign entity means an entity, or any subsidiary or affiliate of an entity that is located in or organized under the laws of a foreign adversary country, and that— is included on— the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control of the Department of the Treasury; the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list ); the annual list published in the Federal Register by the Department of Defense of Chinese military companies operating in the United States pursuant to section 1260H of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 note); the most recently updated list developed pursuant to 1286(c)(9) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–32 ; 10 U.S.C. 4001 note); the UFLPA Entity List maintained by the Department of Homeland Security pursuant to the Uyghur Forced Labor Prevention Act ( Public Law 117–78 ); the Military End-User List maintained by the Department of Commerce and set forth in Supplement No. 7 to part 744 of the Export Administration Regulations; the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; the Denied Persons List maintained by the Department of Commerce and described in section 764.3(a)(2) of the Export Administration Regulations; the Debarred Parties List maintained by the Directorate of Defense Trade Controls of the Department of State; 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; 41 U.S.C. note prec. 3901) as posing national security risks to the United States; 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 USC 4713 note) as posing national security risks to the United States; or 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 (commonly referred to as the FCC Covered List); is an entity that— is owned, controlled, directed by, or subject to the jurisdiction or influence of a government of a foreign adversary country; and performs or supports functions involving— national defense or military modernization, including the development, application, or integration of civilian capabilities for military, paramilitary, or security purposes; intelligence, surveillance, or cyber operations, including activities intended to collect, exploit, disrupt, or influence information systems or communications infrastructure; the development, production, testing, or proliferation of weapons systems, critical technologies, or dual-use items, as defined under applicable United States law or regulation; foreign malign influence or interference, involving subversive, undeclared, coercive, or criminal activities, which may include propaganda, censorship, information manipulation, or efforts to influence academic, political, or civic institutions, whether conducted directly by foreign governments, state-linked entities, or through affiliated non-state actors, or their proxies; human rights abuses or similarly unethical practices, such as the use of forced labor, repression of ethnic or religious groups, or violations of international human rights standards; illicit technology transfer efforts that threaten United States research integrity or economic competitiveness; or academic, scientific, or technical collaboration that materially contributes to or supports any of the functions described in subclauses

(I)through (VI); or participates in a foreign talent recruitment program as that term is defined by the Director of the Office of Science and Technology Policy pursuant to section 10631(c) of the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167 ; 42 U.S.C. 19231 ))) from a foreign adversary country or has participated in such a program at any time in the period of 10 years preceding the date of application for a covered award. The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). The term research agency means any Federal agency with an annual extramural research expenditure.

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