Sec. 10651. Malign foreign talent recruitment program prohibition
717 words·~3 min read·
/bill/117/hr/4521/pcs/section-10651A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 18 months after the date of enactment of this Act, each Federal research agency shall establish a policy that, as part of a proposal for a research and development award from the agency— each covered individual listed in the proposal for a research and development award certify that they are not a party to a malign foreign talent recruitment program from a foreign country of concern in their proposal submission and annually thereafter for the duration of the award; and each institution of higher education or other organization applying for such an award certify that each covered individual who is employed by the institution of higher education or other organization has been made aware of the requirement under this section.
In establishing a policy under subsection (a), agencies shall go through a notice and comment process. Each Federal research agency and grantee shall comply with title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) in the development and implementation of policies developed under subsection (a). Each policy developed under subsection
(a)shall not prohibit— making scholarly presentations and publishing written materials regarding scientific information not otherwise controlled under current law; 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; advising a foreign student enrolled at the covered individual’s institution of higher education or writing a recommendation for such a student, at the student’s request; and other international activities deemed appropriate by the Federal research agency head or their designee. 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. In this section: The term covered individual means an individual who— contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and is designated as a covered individual by the Federal research agency concerned. The term Federal research agency means any Federal agency with an annual extramural research expenditure of over $100,000,000. The term foreign country of concern means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country deemed to be a country of concern as determined by the Department of State. The term malign foreign talent program means any program, position, or activity that includes compensation in the form of cash, research funding, promised future compensation, or things of non de minimis value, directly provided by a foreign country of concern at any level (national, provincial or local) or an entity based in a foreign country of concern, whether or not directly sponsored by the foreign country of concern, to the targeted individual in exchange for the individual— engaging in the unauthorized transfer of intellectual property, materials, or data products owned by a U.S. entity or developed with a federal research and development award to the government of a foreign country of concern or an entity based in a foreign country of concern regardless of whether that government or entity provided support for the development of the intellectual property, materials, or data products; being required to recruit trainees or researchers to enroll in malign foreign talent programs sponsored by a foreign country of concern or an entity based in a foreign country of concern; or establishing a laboratory and/or company, accepting a faculty position, or undertaking any other employment or appointment in a foreign country of concern or an entity based in a foreign country of concern if such activities are contrary to the standard terms and conditions of a federal research and development award. The term research and development award means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.
Connectionstraces to 1
Citation graph
cites case law
Sec. 10651
Malign foreign talent recruitment program prohibition
Cites 1Cited by 0 across 0 sources