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42 U.S.C. § 19232 — Requirements for foreign talent recruitment programs

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

42 U.S.C. § 19232 — Requirements for foreign talent recruitment programs

**(a) Purpose** The purpose of this part is to direct actions to prohibit participation in any foreign talent recruitment program by personnel of Federal research 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 Technology Policy, in coordination with the interagency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ([42 U.S.C. 6601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6601&num=0&edition=prelim) note; Public Law 116–92), shall publish and widely distribute a uniform set of guidelines for Federal research agencies regarding foreign talent recruitment programs. Such policy guidelines shall— (1) prohibit all personnel of each Federal research agency, including Federal employees, contract employees, independent contractors, individuals serving under the Intergovernmental Personnel Act of 1970 ([42 U.S.C. 4701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4701&num=0&edition=prelim) et seq 11 So in original. Probably should be followed by a period. ), Visiting Scientist, Engineering, and Educator appointments, and special government employees other than peer reviewers, from participating in a foreign talent recruitment program; (2) as part of the requirements under [section 6605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6605&num=0&edition=prelim), require covered individuals to disclose if such individuals are a party to a foreign talent recruitment program contract, agr

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Stable record: federal_law:legal_authorities:record_usc_761f55d9476fcdcadcfd56c0
Source file: Laws/federal/codes/united-states-code/title-42/section-19232-requirements-for-foreign-talent-recruitment-programs--4d9df3ebcf.md
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Source location: Title 42, Chapter 163, § 19232; chapter-163-research-and-development-competition-and-innovation.md

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**(a) Purpose** The purpose of this part is to direct actions to prohibit participation in any foreign talent recruitment program by personnel of Federal research 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 Technology Policy, in coordination with the interagency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ([42 U.S.C. 6601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6601&num=0&edition=prelim) note; Public Law 116–92), shall publish and widely distribute a uniform set of guidelines for Federal research agencies regarding foreign talent recruitment programs. Such policy guidelines shall— (1) prohibit all personnel of each Federal research agency, including Federal employees, contract employees, independent contractors, individuals serving under the Intergovernmental Personnel Act of 1970 ([42 U.S.C. 4701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4701&num=0&edition=prelim) et seq 11 So in original. Probably should be followed by a period. ), Visiting Scientist, Engineering, and Educator appointments, and special government employees other than peer reviewers, from participating in a foreign talent recruitment program; (2) as part of the requirements under [section 6605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6605&num=0&edition=prelim), require covered individuals to disclose if such individuals are a party to a foreign talent recruitment program contract, agreement, or other arrangement; (3) prohibit research and development awards from being made for any proposal in which a covered individual is participating in a malign foreign talent recruitment program; and (4) to the extent practicable, require recipient institutions to prohibit covered individuals participating in malign foreign talent recruitment programs from working on projects supported by research and development awards. **(c) Definition of foreign talent recruitment programs** As part of the guidance under subsection (b), the Director of the Office of Science and Technology Policy shall define and describe the characteristics of a foreign talent recruitment program. **(d) Implementation** Not later than one year after August 9, 2022, each Federal research agency shall issue a policy utilizing the guidelines under subsection (b). **(e) Consistency** The Director of the Office of Science and Technology Policy shall ensure that the policies issued by the Federal research agencies under subsection (d) are consistent to the greatest extent practicable.

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

42 U.S.C. § 4701 — Method of payment; installments; advances or reimbursement; adjustments

Payments under this chapter may be made in installments, and in advance or by way of reimbursement, as the Office may determine, with necessary adjustments on account of overpayments or underpayments.

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

42 U.S.C. § 6601 — Congressional findings; priority goals

**(a)** The Congress, recognizing the profound impact of science and technology on society, and the interrelations of scientific, technological, economic, social, political, and institutional factors, hereby finds and declares that— (1) the general welfare, the security, the economic health and stability of the Nation, the conservation and efficient utilization of its natural and human resources, and the effective functioning of government and society require vigorous, perceptive support and employment of science and technology in achieving national objectives; (2) the many large and complex scientific and technological factors which increasingly influence the course of national and international events require appropriate provision, involving long-range, inclusive planning as well as more immediate program development, to incorporate scientific and technological knowledge in the national decisionmaking process; (3) the scientific and technological capabilities of the United States, when properly fostered, applied, and directed, can effectively assist in improving the quality of life, in anticipating and resolving critical and emerging international, national, and local problems, in strengthening the Nation’s international economic position, and in furthering its foreign policy objectives; (4) Federal funding for science and technology represents an investment in the future which is indispensable to sustained national progress and human betterment, and there should be a continuing national investment in science, engineering, and technology which is commensurate with national needs and opportunities and the prevalent economic situation; (5) the manpower pool of scientists, engineers, and technicians, constitutes an invaluable national resource which should be utiliz

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

42 U.S.C. § 6605 — Disclosure of funding sources in applications for Federal research and development awards

**(a) Disclosure requirement** Each Federal research agency shall require, as part of any application for a research and development award from such agency— (1) that each covered individual listed on the application— (A) disclose the amount, type, and source of all current and pending research support received by, or expected to be received by, the individual as of the time of the disclosure; (B) certify that the disclosure is current, accurate, and complete; and (C) agree to update such disclosure at the request of the agency prior to the award of support and at any subsequent time the agency determines appropriate during the term of the award; and (2) that any entity applying for such award certify that each covered individual who is employed by the entity and listed on the application has been made aware of the requirements under paragraph (1). **(b) Consistency** The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; [42 U.S.C. 6601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6601&num=0&edition=prelim) note) 11 So in original. Probably should be followed by a comma. shall ensure that the requirements issued by Federal research agencies under subsection (a) are consistent. **(c) Enforcement** (1) **Rejection for violation of law or agency terms** — A Federal research agency may reject an application for a research and development award if the current and pending research support disclosed by an individual under subsection (a) violates Federal law or agency terms and conditions. (2) **Enforcement for noncompl

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

42 U.S.C. § 19232 — Malign foreign talent recruitment pro-

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. § 4701 — Congressional findings and declaration of

Page 6213 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4702 Editorial Notes AMENDMENTS 1987—Pub. L. 100–17 designated existing provisions as subsec. (a), substituted ‘‘an acquiring agency’’ for ‘‘a State agency’’ and ‘‘such acquiring agency’’ for ‘‘such State agency’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–17 effective on effective date provided in regulations promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under sec- tion 4601 of this title. CHAPTER 62—INTERGOVERNMENTAL PERSONNEL PROGRAM Sec. 4701. Congressional findings and declaration of pol- icy. 4702. Administration of authorities. SUBCHAPTER I—DEVELOPMENT OF POLICIES AND STANDARDS 4711 to 4713. Omitted. SUBCHAPTER II—STRENGTHENING STATE AND LOCAL PERSONNEL ADMINISTRATION 4721. Declaration of purpose. 4722. State government and statewide programs and grants. 4723. Local government programs and grants. 4724. Intergovernmental cooperation in recruiting and examining activities; potential employ- ees, certification; payments for costs; cred- its to appropriation or fund for payment of expenses. 4725. Technical assistance; waiver of payments for costs; credits to appropriation or fund for payment of expenses. 4726. Coordination of Federal programs. 4727. Interstate compacts. 4728. Transfer of functions. SUBCHAPTER III—TRAINING AND DEVELOPING STATE AND LOCAL EMPLOYEES 4741. Declaration of purpose. 4742. Admission to Federal employee training pro- grams. 4743. Grants to State and local governments for training. 4744. Grants to other organizations.

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

42 U.S.C. § 6601 — Congressional findings; priority goals

Page 6838 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6507 and operation of essential public facilities, and (c) other necessary provisions of public service: Provided further, That in the allocation of such funds, the State shall give priority to use by subdivisions of the State most directly or severely impacted by development of oil and gas leased under this Act.’’ 1984—Pub. L. 98–620 struck out provision in third par. that required that any proceeding on such action be as- signed for hearing at the earliest possible date and be expedited by the Court. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. § 6507. Authorization of appropriations; Federal financial assistance for increased municipal services and facilities in communities lo- cated on or near reserve resulting from au- thorized exploration and study activities (a) There are authorized to be appropriated to the Department of the Interior such sums as may be necessary to carry out the provisions of this chapter. (b) If the Secretary of the Interior determines that there is an immediate and substantial in- crease in the need for municipal services and fa- cilities in communities located on or near the reserve as a direct result of the exploration and study activities authorized by this chapter and that an unfair and excessive financial burden will be incurred by such communities as a result of the increased need for such services and fa- cilities, then he is authorized to assist such communities in meeting the costs of providing increased municipal servi

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6601

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