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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 19231 Requirements for foreign talent recruitment programs us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 163 RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION 19231 42 U.S.C. § 19231 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s19231 data/legal/raw/us/code/title-42/usc42.xml 4afa00075dc0e42511e5748606009c989da384896ad4a155575ad34862cfe639 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 80c3f5d586036372fa5b60173d6f932c3503b33cbafc9d8a31e4440ac3960cf2 2026-07-04 official
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42 U.S.C. § 19231 - Requirements for foreign talent recruitment programs

Text

(a) Purpose The purpose of this part is to direct actions to prohibit participation in any foreign talent recruitment program by personnel of Federal research 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 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 11692), 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 11 So in original. Probably should be followed by a period. ), 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 As part of the guidance under subsection (b), the Director of the Office of Science and Technology Policy shall define and describe the characteristics of a foreign talent recruitment program.

(d) Implementation Not later than one year after August 9, 2022, each Federal research agency shall issue a policy utilizing the guidelines under subsection (b).

(e) Consistency The Director of the Office of Science and Technology Policy shall ensure that the policies issued by the Federal research agencies under subsection (d) are consistent to the greatest extent practicable.

(Pub. L. 117167, div. B, title VI, § 10631, Aug. 9, 2022, 136 Stat. 1664.)

Notes

Editorial Notes

References in TextThe Intergovernmental Personnel Act of 1970, referred to in subsec. (b)(1), is Pub. L. 91648, Jan. 5, 1971, 84 Stat. 1909, which is classified principally to chapter 62 (§ 4701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of this title and Tables.