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

submitted 4 years ago by Pub. L. 117-167 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 300 words · no verdicts yet

in plain englishAI-generated · not legal advice

Each year, colleges getting Foundation money must disclose foreign gifts and contracts. This applies to support of $50,000 or more tied to countries of concern. Colleges must keep records of these deals for years. The Director can cut, pause, or end funding if a college hides this information or poses a security risk.

(a) In general. Every year, the Director must ask each college that gets a Foundation award to disclose, in a summary document, any financial support worth $50,000 or more that the college, its foundation, or related entities (like a school's educational, cultural, or language programs) received — directly or indirectly — from a foreign source connected to a foreign country of concern. This covers both gifts and contracts. (b) Records. Whenever a college makes this disclosure, it must also keep a true copy of the underlying records. It must hold onto them until the latest of: four years after the date of the agreement; the date the agreement ends; or however long any applicable state public records law requires such records to be kept. (c) Documentation. After reviewing these disclosures, the Director may ask the college to hand over true copies of the actual contracts, agreements, or financial transaction records behind them. (d) Office of the Inspector General. Acting through the Office of Research Security and Policy, working with the Foundation's own Inspector General and talking with the college involved, the Director may cut an award's funding, or suspend or end it, if the Director finds either that the college failed to keep records as required by subsection (b) or failed to hand over requested information, or that the Chief of Research Security has determined the disclosures show a threat to research security.
the actual law source: uscode.house.gov ↗public domain
(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 document, from the institution, a foundation of the institution, and related entities such as any educational, cultural, or language entity, of the current financial support, the value of which is $50,000 or more, including gifts and contracts, received 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 section shall be made on the condition that the institution will maintain a true copy of the relevant records subject to the disclosure requirement until the latest of—

(1)

the date that is four years after the date of the agreement;

(2)

the date on which the agreement terminates; 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 section, 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 Research 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 suspend or terminate the award if the Director determines—

(1)

such institution fails to comply with the records retention requirement in subsection (b) or fails to provide information requested under this section; or

(2)

the Chief of Research Security determines the disclosures under this section indicate a threat to research security.

Source credit: (Pub. L. 117–167, div. B, title III, § 10339B, Aug. 9, 2022, 136 Stat. 1556.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-167 · 136 Stat. 1556

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-167 on 2022-08-09.

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