§19232 Malign Foreign Talent Recruitment Program Prohibition

Summary

Federal research agencies must, within 24 months after August 9, 2022, put in place rules so that when someone applies for research money each covered person named in the application must say they are not part of a malign foreign talent recruitment program when the proposal is sent and again every year while the award lasts. The school or organization asking for the money must also say it told its covered people about the rule and that those people followed the rule. Agencies must publish the planned rule in the Federal Register and allow up to 60 days for public comment. The rules must follow Title VI of the Civil Rights Act of 1964. The rules cannot ban certain international academic activities unless those activities are funded, run, or managed by an academic institution or a foreign talent recruitment program listed in 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). Allowed activities include giving scholarly talks and publishing scientific work not otherwise restricted by law, joining international conferences or open research exchanges, advising or writing recommendations for a foreign student at the student’s request, and other activities the agency head approves. The certification rule does not apply to awards made or applied for before an agency put its policy in place. Agencies must also require recipient institutions to train covered individuals about the risks of these recruitment programs, including those doing the allowed international activities.