42 USC 19231 - Requirements for foreign talent recruitment programs

U.S Code last checked for updates: Apr 27, 2025

§ 19231.

Requirements for foreign talent recruitment programs

(a)

Purpose

(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 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 et seq 1

 ), 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, 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

(d)

Implementation

(e)

Consistency

(Pub. L. 117–167, div. B, title VI, § 10631, Aug. 9, 2022, 136 Stat. 1664.)

cite as: 42 USC 19231