42 U.S.C. § 19040 — Foreign financial support

Page 9289 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19040 § 19039. Foundation funding to institutions hosting or supporting Confucius Institutes (a) Confucius Institute defined In this section the term ‘‘Confucius Institute’’ means a cultural institute established as a part- nership between a United States institution of higher education and a Chinese institution of higher education to promote and teach Chinese language and culture that is funded, directly or indirectly, by the Government of the People’s Republic of China. (b) Restrictions of Confucius Institutes Except as provided in subsection (d), none of the funds made available to the Foundation under this division or division A, or an amend- ment made by this division or division A, may be obligated or expended to an institution of higher education that maintains a contract or agreement between the institution and a Confu- cius Institute, unless the Director, after con- sultation with the National Academies, deter- mines such a waiver is appropriate in accord- ance with subsection (c). (c) Waiver The Director, after consultation with the Na- tional Academies, may issue a waiver for an in- stitution of higher education that maintains a contract or agreement between the institution and a Confucius Institute if such contract or agreement includes clear provisions that— (1) protect academic freedom at the institu- tion; (2) prohibit the application of any foreign law on any campus of the institution; (3) grant full managerial authority of the Confucius Institute to the institution, includ- ing full control over what is being taught, the activities carried out, the research awards that are made, and who is employed at the Confucius Institute; and (4) prohibit co-location with the institu- tion’s Chinese language, history, and cultural programs and require separate promotional materials. (d) Special rule (1) In general Notwithstanding any other provision of this section, this section shall not apply to an in- stitution of higher education if that institu- tion has fulfilled the requirements for a waiv- er from the Department of Defense as de- scribed under section 1062 of the National De- fense Authorization Act for Fiscal Year 2021 (Public Law 116–283). (2) Exception Notwithstanding any other provision of this section, the prohibition under subsection (b) shall not apply to amounts provided to stu- dents as educational assistance. (e) Effective date The limitation under subsection (b) shall apply with respect to the first fiscal year that begins after the date that is two years after Au- gust 9, 2022, and to any subsequent fiscal year subject to subsection (f). (f) Sunset This section shall cease to be effective on the date that is five years after August 9, 2022. (Pub. L. 117–167, div. B, title III, § 10339A, Aug. 9, 2022, 136 Stat. 1555.) Editorial Notes REFERENCES IN TEXT This division, referred to in subsec. (b), is div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1399, which en- acted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of div. B to the Code, see Short Title note set out under section 18901 of this title and Tables. Division A, referred to in subsec. (b), is div. A of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1372, known as the CHIPS Act of 2022. For complete classification of div. A to the Code, see Short Title of 2022 Amendment note set out under section 4651 of Title 15, Commerce and Trade, and Tables. Section 1062 of the National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (d)(1), probably means section 1062 of Pub. L. 116–283, known as the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which is set out as a note under section 2241 of Title 10, Armed Forces. § 19040. Foreign financial support (a) In general The Director shall request, on an annual basis, from a recipient institution of higher education a disclosure, in the form of a summary docu- ment, from the institution, a foundation of the institution, and related entities such as any edu- cational, cultural, or language entity, of the current financial support, the value of which is $50,000 or more, including gifts and contracts, re- ceived directly or indirectly from a foreign source (as such term is defined in section 1011f(h)(2) of title 20) associated with a foreign country of concern. (b) Records Each disclosure to the Director under this sec- tion shall be made on the condition that the in- stitution will maintain a true copy of the rel- evant records subject to the disclosure require- ment until the latest of— (1) the date that is four years after the date of the agreement; (2) the date on which the agreement termi- nates; or (3) the last day of any period that applicable State public record law requires a true copy of such agreement to be maintained. (c) Documentation Upon review of the disclosures under this sec- tion, the Director may request that a recipient institution provide true copies of any contracts, agreements, or documentation of financial transactions associated with disclosures made under this section. (d) Office of the Inspector General The Director, acting through the Office of Re- search Security and Policy in coordination with the Foundation’s Office of Inspector General and in consultation with the recipient institution, may reduce the award funding amount or sus- pend or terminate the award if the Director de- termines— (1) such institution fails to comply with the records retention requirement in subsection Page 9290 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19051 (b) or fails to provide information requested under this section; or (2) the Chief of Research Security deter- mines the disclosures under this section indi- cate a threat to research security. (Pub. L. 117–167, div. B, title III, § 10339B, Aug. 9, 2022, 136 Stat. 1556.) PART E—FUNDAMENTAL RESEARCH § 19051. Broader impacts (a) Assessment Not later than 120 days after August 9, 2022, the Director shall enter into an agreement with a qualified independent organization to assess how the Broader Impacts review criterion is ap- plied across the Foundation and make rec- ommendations for improving the effectiveness for meeting the goals established in section 1862p–14 of this title. (b) Activities The Director shall make awards on a competi- tive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support activi- ties to increase the efficiency, effectiveness, and availability of resources for implementing the Broader Impacts review criterion, including— (1) training and workshops for program offi- cers, merit review panelists, award office ad- ministrators, faculty, and students to improve understanding of the goals and the full range of potential broader impacts available to re- searchers to satisfy this criterion; (2) repositories and clearinghouses for shar- ing best practices and facilitating collabora- tion; and (3) tools for evaluating and documenting so- cietal impacts of research. (Pub. L. 117–167, div. B, title III, § 10341, Aug. 9, 2022, 136 Stat. 1557.) § 19052. Research ethics (a) Sense of Congress It is the sense of Congress that— (1) a number of emerging areas of research have potential ethical, social, safety, and se- curity implications that might be apparent as early as the basic research stage; (2) the incorporation of ethical, social, safe- ty, and security considerations into the re- search design and review process for Federal awards, may help mitigate potential harms be- fore they happen; (3) the Foundation’s agreement with the Na- tional Academies to conduct a study and make recommendations with respect to governance of research in emerging technologies is a posi- tive step toward accomplishing this goal; and (4) the Foundation should continue to work with stakeholders to promote best practices for governance of research in emerging tech- nologies at every stage of research. (b) Incorporation of ethics considerations Drawing on stakeholder input, not later than 24 months after August 9, 2022, the Director shall revise proposal instructions to require that ethical and societal considerations are to be in- cluded as part of a proposal for funding prior to making the award, where such considerations are applicable. Such considerations shall be evaluated by the Director in the review of pro- posals, taking into account any relevant input from the peer-reviewers for the proposal, and shall factor into award decisions, as deemed nec- essary by the Director. When incorporating such considerations, proposers may include, as appro- priate— (1)(A) any readily foreseeable or quantifiable risks to society, including how the research could enable products, technologies, or other outcomes that could intentionally or uninten- tionally cause significant societal harm; or (B) an assertion that no readily foreseeable potential ethical, social, safety, or security implications are apparent; (2) how technical or social solutions can mitigate such risks and, as appropriate, a plan to implement such mitigation measures; and (3) how partnerships and collaborations in the research can help mitigate potential harm and amplify potential societal benefits. (c) Guidance The Director shall solicit stakeholder input to develop clear guidance on what constitutes a readily foreseeable or quantifiable risk as de- scribed in subsection (b)(1), and to the extent practicable harmonize this policy with existing ethical policies or related requirements for human subjects. (d) Research The Director shall make awards, on a competi- tive basis, to institutions of higher education or non-profit organizations (or consortia of such institutions or organizations) to support— (1) research to assess the potential ethical and societal implications of Foundation-sup- ported research and products or technologies enabled by such research, including the bene- fits and risks identified pursuant to subsection (b)(1); and (2) the development and verification of ap- proaches to proactively mitigate foreseeable risks to society, including the technical and social solutions identified pursuant to sub- section (b)(1). (e) Annual report The Director shall encourage recipients to up- date their consideration of potential risks and benefits as appropriate as part of the annual re- ports required by all awardees under the award terms and conditions. (Pub. L. 117–167, div. B, title III, § 10343, Aug. 9, 2022, 136 Stat. 1557.) § 19053. Research reproducibility and replicability (a) In general Consistent with existing Federal law for pri- vacy, intellectual property, and security, the Di- rector shall facilitate public access to research products, including data, software, and code, de- veloped as part of Foundation-supported projects.