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42 U.S.C. § 242v — Foreign talent recruitment programs

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 242v — Foreign talent recruitment programs

**(a) Intramural research** (1) **In general** — Not later than 60 days after December 29, 2022, the Secretary of Health and Human Services (referred to in sections 242v to 242v–3 of this title as the “Secretary”) shall prohibit personnel of the National Institutes of Health engaged in intramural research from participation in foreign talent recruitment programs. (2) **Exemption** — Paragraph (1) shall not apply to participation in international conferences or other international exchanges, partnerships, or programs, for which such participation has been approved by the National Institutes of Health. In such circumstances, the National Institutes of Health shall ensure appropriate training is provided to the participant on how to respond to overtures from individuals associated with foreign talent recruitment programs. **(b) Extramural research** The Secretary shall require disclosure of participation in foreign talent recruitment programs, including the provision of copies of all grants, contracts, or other agreements related to such programs, and other supporting documentation related to such programs, as a condition of receipt of Federal extramural biomedical research funding awarded through the Department of Health and Human Services. **(c) Consistency** The Secretary shall ensure that the policies developed, updated, or issued pursuant to subsections (a) and (b) are, to the greatest extent practicable, consistent with the requirements of subtitle D of title VI of division B of Public Law 117–167 ([42 U.S.C. 19231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section19231&num=0&edition=prelim) et seq.) related to foreign talent recruitment programs.

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Stable record: federal_law:legal_authorities:record_usc_4bcb54abb04f51d54bb62fb0
Source file: Laws/federal/codes/united-states-code/title-42/section-242v-foreign-talent-recruitment-programs--f2c28ab2da.md
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Source location: Title 42, Chapter 6A, § 242v; chapter-6a-public-health-service.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 19231 — National research and development strategy for distributed ledger technology

**(a) Definitions** In this section: (1) **Director** — Except as otherwise expressly provided, the term “Director” means the Director of the Office of Science and Technology Policy. (2) **Distributed ledger** — The term “distributed ledger” means a ledger that— (A) is shared across a set of distributed nodes, which are devices or processes, that participate in a network and store a complete or partial replica of the ledger; (B) is synchronized between the nodes; (C) has data appended to it by following the ledger’s specified consensus mechanism; (D) may be accessible to anyone (public) or restricted to a subset of participants (private); and (E) may require participants to have authorization to perform certain actions (engaging) or require no authorization (permissionless). (3) **Distributed ledger technology** — The term “distributed ledger technology” means technology that enables the operation and use of distributed ledgers. (4) **Institution of higher education** — The term “institution of higher education” has the meaning given the term in [section 1001 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim). (5) **Relevant congressional committees** — The term “relevant congressional committees” means— (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (6) **Smart contract** — The term “smart contract” means a computer program stored in a distributed ledger system that is executed when certain predefined conditions are satisfied and wherein the outcome of any execution of the program may be recorded on the distributed ledger. **(b) National distributed ledger technol

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 282 — Director of National Institutes of Health

**(a) Appointment** The National Institutes of Health shall be headed by the Director of NIH who shall be appointed by the President by and with the advice and consent of the Senate. The Director of NIH shall perform functions as provided under subsection (b) and as the Secretary may otherwise prescribe. **(b) Duties and authority** In carrying out the purposes of [section 241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section241&num=0&edition=prelim), the Secretary, acting through the Director of NIH— (1) shall carry out this subchapter, including being responsible for the overall direction of the National Institutes of Health and for the establishment and implementation of general policies respecting the management and operation of programs and activities within the National Institutes of Health; (2) shall coordinate and oversee the operation of the national research institutes, national centers, and administrative entities within the National Institutes of Health; (3) shall, in consultation with the heads of the national research institutes and national centers, be responsible for program coordination across the national research institutes and national centers, including conducting priority-setting reviews, to ensure that the research portfolio of the National Institutes of Health is balanced and free of unnecessary duplication, and takes advantage of collaborative, cross-cutting research; (4) shall assemble accurate data to be used to assess research priorities, including— (A) information to better evaluate scientific opportunity, public health burdens, and progress in reducing health disparities; and (B) data on study populations of clinical research, funded by or conducted at each national research institute and

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290c — Advanced Research Projects Agency–Health

**(a) Establishment** (1) **In general** — There is established within the National Institutes of Health the Advanced Research Projects Agency–Health (referred to in this section as “ARPA–H”). Not later than 180 days after December 29, 2022, the Secretary shall transfer all functions, personnel, missions, activities, authorities, and funds of the Advanced Research Projects Agency for Health as in existence on December 29, 2022, to ARPA–H established by the preceding sentence. (2) **Organization** (A) *In general* — There shall be within ARPA–H— (i) an Office of the Director; (ii) not more than 8 program offices; and (iii) such special project offices as the Director may establish. (B) *Requirement* — Not fewer than two-thirds of the program offices of ARPA–H shall be exclusively dedicated to supporting research and development activities, consistent with the goals and functions described in subsection (b). (C) *Notification* — The Director shall submit a notification to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives if the Director determines that additional program offices are required to carry out this section. (3) **Exemption from certain policies of NIH** (A) *In general* — Except as otherwise provided for in this section, and subject to subparagraph (B), in establishing ARPA–H pursuant to paragraph (1), the Secretary may exempt ARPA–H from policies and requirements of the National Institutes of Health that are in effect on the day before December 29, 2022, as necessary and appropriate to ensure ARPA–H can most effectively achieve the goals described in subsection (b)(1).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 19231 — Requirements for foreign talent recruit-

Page 9340 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19231 1 So in original. Probably should be followed by a period. (3) Briefings to Congress Not later than 1 year after December 23, 2022, the Director of the National Institute of Standards and Technology shall offer a brief- ing to the relevant congressional committees on the progress and current findings from the project under this subsection. (4) Public report Not later than 12 months after the comple- tion of the project under this subsection, the Director of the National Institute of Stand- ards and Technology shall make public a re- port on the results and findings from the project. (Pub. L. 117–263, div. E, title LIX, § 5913, Dec. 23, 2022, 136 Stat. 3443.) Editorial Notes REFERENCES IN TEXT Executive Order 14067, referred to in subsec. (b)(1)(B)(ii)(I), (3), is Ex. Ord. No. 14067, Mar. 9, 2022, 87 F.R. 14143, which is set out as a note preceding section 5101 of Title 31, Money and Finance. CODIFICATION Section was enacted as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Research and Development, Competition, and Innovation Act which in part com- prises this chapter. PART C—RESEARCH SECURITY § 19231. Requirements for foreign talent recruit- ment programs (a) Purpose The purpose of this part is to direct actions to prohibit participation in any foreign talent re- cruitment program by personnel of Federal re- search agencies and to prohibit participation in a malign foreign talent recruitment program by covered individuals involved with research and development awards from those agencies. (b) Guidance Not later than 180 days after August 9, 2022, the Director of the Office of Science and Tech- nology Policy, in coord

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 242v — Foreign talent recruitment programs

Page 163 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242v as the ‘‘Director’’) may, in cooperation with the States, collect and report data on adverse child- hood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Be- havior Surveillance System, and other relevant public health surveys or questionnaires. (b) Timing The collection of data under subsection (a) may occur biennially. (c) Data from rural areas The Director shall encourage each State that participates in collecting and reporting data under subsection (a) to collect and report data from rural areas within such State, in order to generate a statistically reliable representation of such areas. (d) Data from tribal areas The Director may, in cooperation with Indian Tribes (as defined in section 5304 of title 25) and pursuant to a written request from an Indian Tribe, provide technical assistance to such In- dian Tribe to collect and report data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, or another relevant public health survey or questionnaire. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $2,000,000 for each of fiscal years 2019 through 2023. (Pub. L. 115–271, title VII, § 7131, Oct. 24, 2018, 132 Stat. 4046.) Editorial Notes CODIFICATION Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recov- ery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Commu- nities Act, and not as part of the Public Health Service Act which comprises this chapter. § 242u. Improving State, local, and Tribal infor- mation sharing (a) In general T

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