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 coordination with the inter- agency working group established under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (42 U.S.C. 6601 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 re- search agency, including Federal employees, contract employees, independent contractors, individuals serving under the Intergovern- mental Personnel Act of 1970 (42 U.S.C. 4701 et seq 1 ), Visiting Scientist, Engineering, and Ed- ucator 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, 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 recipi- ent institutions to prohibit covered individ- uals participating in malign foreign talent re- cruitment programs from working on projects supported by research and development awards. (c) Definition of foreign talent recruitment pro- grams As part of the guidance under subsection (b), the Director of the Office of Science and Tech- nology Policy shall define and describe the char- acteristics of a foreign talent recruitment pro- gram. (d) Implementation Not later than one year after August 9, 2022, each Federal research agency shall issue a pol- icy utilizing the guidelines under subsection (b). (e) Consistency The Director of the Office of Science and Tech- nology Policy shall ensure that the policies issued by the Federal research agencies under subsection (d) are consistent to the greatest ex- tent practicable. (Pub. L. 117–167, div. B, title VI, § 10631, Aug. 9, 2022, 136 Stat. 1664.) Editorial Notes REFERENCES IN TEXT The Intergovernmental Personnel Act of 1970, re- ferred to in subsec. (b)(1), is Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, which is classified principally to chapter 62 (§ 4701 et seq.) of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 4701 of this title and Tables. § 19232. Malign foreign talent recruitment pro- gram prohibition (a) In general Not later than 24 months after August 9, 2022, each Federal research agency shall establish a policy that, as part of a proposal for a research and development award from the agency— (1) each covered individual listed in such proposal certify that each such individual is not a party to a malign foreign talent recruit- ment program in the proposal submission of each such individual and annually thereafter for the duration of the award; and (2) each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by such institution of higher edu- cation or other organization has been made aware of the requirements under this section and complied with the requirement under paragraph (1). (b) Stakeholder input In establishing a policy under subsection (a), Federal research agencies shall publish a de- Page 9341 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19234 1 So in original. scription of the proposed policy in the Federal Register and provide an opportunity for submis- sion of public comment for a period of not more than 60 days. (c) Compliance with existing law Each Federal research agency and recipient shall comply with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) in the estab- lishment of policies pursuant to under 1 sub- section (a). (d) International collaboration Each policy developed under subsection (a) shall not prohibit, unless such activities are funded, organized, or managed by an academic institution or a foreign talent recruitment pro- gram on the lists developed under paragraphs (8) and (9) of section 1286(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 4001 note; Public Law 115–232)— (1) making scholarly presentations and pub- lishing written materials regarding scientific information not otherwise controlled under current law; (2) participation in international con- ferences or other international exchanges, re- search projects or programs that involve open and reciprocal exchange of scientific informa- tion, and which are aimed at advancing inter- national scientific understanding and not oth- erwise controlled under current law; (3) advising a foreign student enrolled at an institution of higher education or writing a recommendation for such a student, at such student’s request; and (4) other international activities determined appropriate by the Federal research agency head or designee. (e) Limitation The certifications required under subsection (a) shall not apply retroactively to research and development awards made or applied for prior to the establishment of the policy by the Federal research agency. (f) Training Each Federal research agency shall ensure that, as a requirement of an award from each such agency, recipient institutions provide training on the risks of malign foreign talent re- cruitment programs to covered individuals em- ployed at such institutions, including those in- dividuals who are participating in activities de- scribed in subsection (d). (Pub. L. 117–167, div. B, title VI, § 10632, Aug. 9, 2022, 136 Stat. 1665.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (c), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. § 19233. Review of contracts and agreements (a) In general In addition to existing authorities for pre- venting waste, fraud, abuse, and mismanage- ment of Federal funds, each Federal research agency shall have the authority to— (1) require, upon request, the submission to such agency, by an institution of higher edu- cation or other organization applying for a re- search and development award, of supporting documentation, including copies of contracts, grants, or any other agreement specific to for- eign appointments, employment with a foreign institution, participation in a foreign talent recruitment program and other information reported as current and pending support for all covered individuals in a research and develop- ment award application; (2) require such institution of higher edu- cation or other organization to review any documents requested under paragraph (1) for compliance with the Federal research agency’s award terms and conditions, including guid- ance on conflicts of interest and conflicts of commitment; and (3) upon receipt and review of the informa- tion provided under paragraph (1) and in con- sultation with the institution of higher edu- cation or other organization submitting such information, initiate the substitution or re- moval of a covered individual from a research and development award, reduce the award funding amount, or suspend or terminate the award if the agency head determines such con- tracts, grants, or agreements include obliga- tions that— (A) interfere with the capacity for agency- supported activities to be carried out; or (B) create duplication with agency-sup- ported activities. (b) Limitations In exercising the authorities under subsection (a), each Federal research agency shall— (1) take necessary steps, as practicable, to protect the privacy of all covered individuals and other parties specified in the documenta- tion submitted under paragraph (1) of such subsection; (2) endeavor to provide justification for re- quests for supporting documentation made under such paragraph; (3) require that allegations be proven by a preponderance of evidence; and (4) as practicable, afford subjects an oppor- tunity to provide comments and rebuttal and an opportunity to appeal before final adminis- trative action is taken. (Pub. L. 117–167, div. B, title VI, § 10633, Aug. 9, 2022, 136 Stat. 1666.) § 19234. Research security training requirement for Federal research award personnel (a) Annual training requirement (1) In general Not later than 12 months after August 9, 2022, each Federal research agency shall estab- lish a requirement that, as part of an applica- tion for a research and development award from the agency—