[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5265 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5265

 To prohibit malign foreign talent recruitment programs, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2021

 Mr. Waltz (for himself and Mr. Lucas) introduced the following bill; 
 which was referred to the Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
 To prohibit malign foreign talent recruitment programs, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MALIGN FOREIGN TALENT RECRUITMENT PROGRAM PROHIBITION.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, each Federal research agency shall establish a 
requirement that, as part of a proposal for a research and development 
award from the agency--
            (1) 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
            (2) 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.
    (b) International Collaboration.--Each policy developed under 
subsection (a) shall not prohibit--
            (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, partnerships or programs that involve 
        open and reciprocal exchange of scientific information, and 
        which are aimed at advancing international scientific 
        understanding; and
            (3) other international activities deemed appropriate by 
        the Federal research agency head or their designee.
    (c) Limitation.--The certifications required under subsection (a) 
shall not apply retroactively to research and development awards made 
prior to the establishment of the policy by the Federal research 
agency.
    (d) Definitions.--In this section:
            (1) The term ``covered individual'' means an individual 
        who--
                    (A) 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
                    (B) is designated as a covered individual by the 
                Federal research agency concerned.
            (2) The term ``Federal research agency'' means any Federal 
        agency with an annual extramural research expenditure of over 
        $100,000,000.
            (3) 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.
            (4) The term ``Malign foreign talent program'' means any 
        program, position, or activity that includes compensation, 
        including cash, research funding, promised future compensation, 
        or things of value, directly provided by the foreign state at 
        any level (national, provincial or local) or other foreign 
        entity, whether or not directly sponsored by the foreign state, 
        to the targeted individual in exchange for the individual--
                    (A) transferring intellectual property, materials, 
                or data products owned by a U.S. entity or developed 
                with a Federal research and development award 
                exclusively to the foreign country's government or 
                other foreign entity regardless of whether that 
                government or entity provided support for the 
                development of the intellectual property, materials, or 
                data products;
                    (B) being required to recruit students or 
                researchers to enroll in malign foreign talent programs 
                sponsored by the foreign state or entity; or
                    (C) establishing a laboratory, accepting a faculty 
                position, or undertaking any other employment or 
                appointment in the foreign state or entity contrary to 
                the standard terms and conditions of a Federal research 
                and development award.
            (5) 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.
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