View all text of Part C [§ 19231 - § 19237]
§ 19232. Malign foreign talent recruitment program 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 recruitment 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 education or other organization has been made aware of the requirements under this section and complied with the requirement under paragraph (1).
(b) Stakeholder input
(c) Compliance with existing law
(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 program 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 publishing written materials regarding scientific information not otherwise controlled under current law;
(2) participation in international conferences or other international exchanges, research projects or programs that involve open and reciprocal exchange of scientific information, and which are aimed at advancing international scientific understanding and not otherwise 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
(f) Training
(Pub. L. 117–167, div. B, title VI, § 10632, Aug. 9, 2022, 136 Stat. 1665.)